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113-hr-1855 | I 113th CONGRESS 1st Session H. R. 1855 IN THE HOUSE OF REPRESENTATIVES May 7, 2013 Ms. Hanabusa (for herself, Ms. Chu , Mr. Faleomavaega , Mr. Rangel , Mr. Moran , Ms. Norton , Ms. Gabbard , Mr. Scott of Virginia , Mr. Brady of Pennsylvania , Ms. Bordallo , Mr. Heck of Nevada , Mr. Lowenthal , Mr. Honda , Mr. Peters of California , and Mr. Takano ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs , and in addition to the Committee on Armed Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require the Secretary of Defense to establish a process to determine whether individuals claiming certain service in the Philippines during World War II are eligible for certain benefits despite not being on the Missouri List, and for other purposes.
1. Determination of certain service in Philippines during World War II (a) In general The Secretary of Defense, in consultation with the Secretary of Veterans Affairs and such military historians as the Secretary of Defense considers appropriate, shall establish a process to determine whether a covered individual served as described in subsection (a) or (b) of section 107 of title 38, United States Code, for purposes of determining whether such covered individual is eligible for benefits described in such subsections. (b) Covered individuals For purposes of this section, a covered individual is any individual who— (1) claims service described in subsection (a) or (b) of section 107 of title 38, United States Code; and (2) is not included in the Approved Revised Reconstructed Guerilla Roster of 1948, known as the Missouri List . | https://www.govinfo.gov/content/pkg/BILLS-113hr1855ih/xml/BILLS-113hr1855ih.xml |
113-hr-1856 | I 113th CONGRESS 1st Session H. R. 1856 IN THE HOUSE OF REPRESENTATIVES May 7, 2013 Ms. Kuster (for herself, Mr. Cramer , Mr. Thompson of Pennsylvania , Mr. Jones , Mr. Murphy of Florida , Ms. Shea-Porter , Ms. Sinema , Mr. Messer , and Mrs. Kirkpatrick ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To eliminate unnecessary Federal bank accounts.
1. Short title This Act may be cited as the Closing Long-Empty Accounts Now Act of 2013 or the CLEAN Act . 2. Documenting and closing long-empty Federal bank accounts (a) Inspectors General report Not later than six months after the date of the enactment of this Act, the Council of the Inspectors General on Integrity and Efficiency shall submit to Congress a report that— (1) lists each bank account held by the United States Government that has a balance of zero dollars for 180 days or more; and (2) recommends which of these accounts should be immediately closed. (b) Closure of accounts required Not later than 7 days after the report is submitted under subsection (a), the head of each agency with a bank account recommended for closure in the report described in subsection (a) shall close each such account that is managed by the agency. (c) Agency defined In this section, the term agency has the meaning given that term in section 551 of title 5, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-113hr1856ih/xml/BILLS-113hr1856ih.xml |
113-hr-1857 | I 113th CONGRESS 1st Session H. R. 1857 IN THE HOUSE OF REPRESENTATIVES May 7, 2013 Mrs. McCarthy of New York introduced the following bill; which was referred to the Committee on Education and the Workforce , 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 make demonstration grants to eligible local educational agencies for the purpose of reducing the student-to-school nurse ratio in public elementary schools and secondary schools.
1. Short title This Act may be cited as the Student-to-School Nurse Ratio Improvement Act of 2013 . 2. Findings The Congress finds the following: (1) The American Academy of Pediatrics emphasizes the crucial role of school nurses in the seamless provision of comprehensive health services to children and youth, as well as in the development of a coordinated school health program. (2) The school nurse functions as a leader and the coordinator of the school health services team, facilitating access to a medical home for each child and supporting academic achievement. (3) School nurses promote wellness and disease prevention to improve health outcomes for our Nation’s children. In addition, school nurses perform early intervention services such as periodic assessments for vision, hearing, and dental problems, in an effort to remove barriers to learning. (4) Recent national data indicates 45 percent of public schools have a school nurse all day, every day, while another 30 percent of schools have a school nurse who works part time in one or more schools. (5) The American Nurses Association has reported that when there is no registered nurse on the school premises, the responsibility to administer the necessary medications and treatments, and appropriate monitoring of the children falls on the shoulders of administrators, educators, and staff who are ill-prepared to perform these tasks. (6) Statistics from the National Center for Educational Statistics indicate that of the 52,000,000 students who currently spend their day in schools, 15 to 18 percent of children and adolescents have a chronic health condition. (7) A recent study indicated that from 2002 to 2008, the percentage of children in special education with health impairments, due to chronic or acute health problems, increased 60 percent. School nurses use their specialized knowledge, assessment skills, and judgment to manage children’s increasingly complex medical conditions and chronic health illnesses. (8) Among adolescents aged 12 to 19 years old, the prevalence of pre-diabetes and diabetes increased from 9 percent to 23 percent between 1999 and 2008. More than 30 percent of children aged 2 to 19 years old are obese or overweight (>85th percentile). In 2008, more than 10 million children in the United States had asthma. The prevalence of food allergies among children under the age of 18 increased 19 percent from 1997 to 2007. (9) According to the American Academy of Pediatrics, students today face increased social and emotional issues, which enhance the need for preventive services and interventions for acute and chronic health issues. School nurses are actively engaged members of school-based mental health teams and spend nearly 32 percent of their time providing mental health services, including universal and targeted interventions, screenings to identify early warning signs and referrals to medical providers, and crisis planning. (10) In 2011, the Bureau of the Census reported 9.7 percent of children under the age of 19, which equals 7.6 million children under the age of 19, were without health insurance. Data shows that uninsured children achieve lower educational outcomes than those with health coverage. Children who cannot afford to see a medical provider miss more days of school, experience increased severity of illness, and suffer from disparities in health. (11) More than 1.6 million children experience homelessness each year in the United States. Homeless children develop increased rates of acute and chronic health conditions, and the stress of their living situation can negatively affect their development and ability to learn. As a result, schools have become the primary access to health care for many children and adolescents. School nurses serve on the frontlines as a safety net for the Nation’s most vulnerable children. (12) Communicable and infectious diseases account for millions of school days lost each year. Data illustrate that when students have access to a registered nurse in school, immunization rates increase. (13) A 2011 study showed that a school nurse in the building saves principals, teachers, and clerical staff a considerable amount of time that they would have spent addressing health concerns of students, including saving principals almost an hour a day; saving teachers almost 20 minutes a day; and saving clerical staff more than 45 minutes a day. This would amount to a savings of about 13 hours per day in the aggregate for such school personnel. (14) Using a formula-based approach, taking into consideration the overall health acuity of the student body and the workload of school nurses, for determining a balanced student-to-school nurse ratio offers a reasonable means for achieving better student outcomes. 3. Reducing student-to-school nurse ratios (a) Demonstration grants (1) In general The Secretary of Education, in consultation with the Secretary of Health and Human Services and the Director of the Centers for Disease Control and Prevention, may make demonstration grants to eligible local educational agencies for the purpose of reducing the student-to-school nurse ratio in public elementary schools and secondary schools. (2) Application To receive a grant under this section, an eligible local educational agency shall submit to the Secretary of Education an application at such time, in such manner, and containing such information as the Secretary may require, which shall include information with respect to the current ratios of students-to-school nurses, student health acuity levels, and workloads of school nurses in each of the public elementary schools and secondary schools served by the agency. (3) Priority In awarding grants under this section, the Secretary of Education shall give priority to applications submitted by high-need local educational agencies that demonstrate the greatest need for new or additional nursing services among students in the public elementary secondary and secondary schools served by the agency. (4) Matching funds The Secretary of Education may require recipients of grants under this section to provide matching funds from non-Federal sources, and shall permit the recipients to match funds in whole or in part with in-kind contributions. (b) Report Not later than 24 months after the date on which a grant is first made to a local educational agency under this section, the Secretary of Education shall submit to the Congress a report on the results of the demonstration grant program carried out under this section, including an evaluation— (1) of the effectiveness of the program in reducing the student-to-school nurse ratios described in subsection (a)(1); and (2) of the impact of any resulting enhanced health of students on learning, such as academic achievement, attendance, and classroom time. (c) Definitions For purposes of this section: (1) ESEA terms The terms elementary school , local educational agency , poverty line , and secondary school have the meanings given to those terms in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Acuity The term acuity , when used with respect to a level, means the level of a patient’s sickness, such as a chronic condition, which influences the need for nursing care. (3) Workload The term workload , when used with respect to a nurse, means the amount of time the nurse takes to provide care and complete the other tasks for which the nurse may be responsible. (4) Eligible local educational agency The term eligible local educational agency means a local educational agency in which the student-to-school nurse ratio in each public elementary and secondary school served by the agency is 750 or more students to 1 school nurse. (5) High-need local educational agency The term high-need local educational agency means a local educational agency— (A) that serves not fewer than 10,000 children from families with incomes below the poverty line; or (B) for which not less than 20 percent of the children served by the agency are from families with incomes below the poverty line. (6) Nurse The term nurse means a licensed nurse, as defined under State law. (d) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section for each of the fiscal years 2014 through 2018. | https://www.govinfo.gov/content/pkg/BILLS-113hr1857ih/xml/BILLS-113hr1857ih.xml |
113-hr-1858 | I 113th CONGRESS 1st Session H. R. 1858 IN THE HOUSE OF REPRESENTATIVES May 7, 2013 Ms. Norton introduced the following bill; which was referred to the Committee on House Administration , and in addition to the Committees on the Judiciary and Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Congressional Accountability Act of 1995 to provide enhanced enforcement authority for occupational safety and health protections applicable to the legislative branch, to provide whistleblower protections and other antidiscrimation protections for employees of the legislative branch, and for other purposes.
1. Short title This Act may be cited as the Congress Leads by Example Act of 2013 . 2. Enhanced enforcement of protections of occupational safety and health act applicable to legislative branch (a) Subpoena Authority for Office of Compliance Section 215(c)(1) of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1341(c)(1) ) is amended— (1) by striking subsections (a), and inserting subsections (a), (b), ; and (2) by striking 657(a), and inserting 657(a), (b), . (b) Recordkeeping Requirements for Employing Offices Section 215(c) of such Act (2 U.S.C. 1341(c)) is amended— (1) by redesignating paragraphs (3) through (6) as paragraphs (4) through (7); (2) in paragraph (6), as so redesignated, by striking paragraph (3) or (4) and inserting paragraph (4) or (5) ; and (3) by inserting after paragraph (2) the following new paragraph: (3) Recordkeeping requirements Each employing office shall be subject to the requirements of subsection (c) of section 8 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 657(c) ) that are applicable to employers under such section, and the General Counsel shall exercise the authorities granted to the Secretary of Labor under such subsection. . (c) Prohibiting Retaliation (1) In general Section 215 of such Act ( 2 U.S.C. 1341 ) is amended— (A) by redesignating subsections (d), (e), (f), and (g) as subsections (e), (f), (g), and (h); and (B) by inserting after subsection (c) the following new subsection: (d) Prohibiting retaliation (1) In general An employing office may not discharge or in any manner discriminate against any covered employee because such employee has requested the General Counsel to take any action authorized under this section, or has instituted or caused to be instituted, or has testified or is about to testify in, any proceeding that arises from the application of this section to the employing office, or because of the exercise by such employee on behalf of himself or others of any right provided under this section. (2) Enforcement (A) Charge filed with general counsel Any covered employee who believes that he has been discharged or otherwise discriminated against by an employing office in violation of paragraph (1) may file a charge against the employing office with the General Counsel not later than 180 days after the occurrence of the alleged violation. The General Counsel shall investigate the charge. (B) Mediation If, upon investigation under subparagraph (A), the General Counsel believes that a violation of paragraph (1) may have occurred and that mediation may be helpful in resolving the dispute, the General Counsel may request mediation under subsections (b) through (d) of section 1403 between the covered employee and the employing office. (C) Complaint; hearing; Board review If mediation under subparagraph (B) has not succeeded in resolving the dispute (or if the General Counsel does not request mediation under such subparagraph) and the General Counsel believes that a violation of paragraph (1) may have occurred, the General Counsel may file with the Office a complaint against the employing office. The complaint shall be submitted to a hearing officer for decision pursuant to subsections (b) through (h) of section 1405 and any person who has filed a charge under subparagraph (A) may intervene as of right, with the full rights of a party. The decision of the hearing officer shall be subject to review by the Board pursuant to section 1406. (D) Judicial review An individual who is aggrieved by a final decision of the Board under subparagraph (C) may file a petition for review in the United States Court of Appeals for the Federal Circuit, pursuant to section 1407. . (2) Conforming amendments Section 215 of such Act ( 2 U.S.C. 1341 ) is amended— (A) in subsection (g), as redesignated by paragraph (1)(A), by striking subsection (e)(1) and inserting subsection (f)(1) and by striking subsection (e)(2) and inserting subsection (f)(2) ; and (B) in subsection (h)(1), as redesignated by paragraph (1)(A), by striking (e)(3) and inserting (f)(3) . (d) Effective Date (1) In general Subject to paragraph (2), the amendments made by this section shall take effect upon the adoption of regulations promulgated by the Board of Directors of the Office of Compliance to implement the amendments in accordance with section 304 of the Congressional Accountability Act of 1995 (2 U.S.C. 1384). (2) Interim applicability During the period that begins on the date of the enactment of this Act and ends on the effective date of the regulations referred to in paragraph (1), the amendments made by this section shall be implemented by the Board of Directors of the Office of Compliance, the General Counsel of the Office of Compliance, or a hearing officer or court under the Congressional Accountability Act of 1995 (as the case may be) by applying (to the extent necessary and appropriate) the most relevant substantive executive agency regulations promulgated to implement the provisions of law that are made applicable to employing offices and covered employees (as such terms are defined in the Congressional Accountability Act of 1995) by such amendments. 3. Application to legislative branch employees of whistleblower protection rules and restrictions on discharge by reason of garnishment and discriminatory treatment by reason of bankruptcy (a) In General Part A of title II of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1311 et seq. ) is amended— (1) in the heading, by striking fair labor standards, and all that follows and inserting and other protections and benefits ; (2) by redesignating section 207 as section 209; and (3) by inserting after section 206 the following new sections: 207. Rights and protections under whistleblower protection rules (a) Rights and Protections Described (1) In general No employing office may take or fail to take, or threaten to take or fail to take, a personnel action (within the meaning of chapter 23 of title 5, United States Code) with respect to any covered employee or applicant for employment because of— (A) any disclosure of information by a covered employee or applicant which the employee or applicant reasonably believes evidences— (i) a violation of any law, rule, or regulation, or (ii) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, if such disclosure is not specifically prohibited by law and if such information is not specifically required by Executive order or the rules of the House of Representatives or Senate to be kept secret in the interest of national defense or the conduct of foreign affairs; or (B) any disclosure to the General Counsel, or to the Inspector General of an executive agency or office of the legislative branch or another employee designated by the head of the agency or office to receive such disclosures, of information which the employee or applicant reasonably believes evidences— (i) a violation of any law, rule, or regulation, or (ii) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. (2) Definitions For purposes of this section and for purposes of applying the procedures established under title IV for the consideration of alleged violations of this section— (A) the term covered employee includes an employee of the Government Accountability Office or Library of Congress; and (B) the term employing office includes the Government Accountability Office and the Library of Congress. (b) Remedy The remedy for a violation of subsection (a) shall be such remedy as would be appropriate if awarded under chapter 12 of title 5, United States Code, with respect to a prohibited personnel practice described in section 2302(b)(8) of such title. (c) Regulations To Implement Section (1) In general The Board shall, pursuant to section 304, issue regulations to implement this section. (2) Agency regulations The regulations issued under paragraph (1) shall be the same as the substantive regulations promulgated by the Merit Systems Protection Board to implement chapters 12 and 23 of title 5, United States Code, except to the extent that the Board of Directors of the Office of Compliance may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section. 208. Restriction on discharge from employment by reason of garnishment or discriminatory treatment by reason of bankruptcy (a) Garnishment (1) Rights and protections described No employing office may discharge any covered employee by reason of the fact that the employee’s earnings have been subjected to garnishment for any one indebtedness. (2) Remedy The remedy for a violation of paragraph (1) shall be such remedy as would be appropriate if awarded under section 304(b) of the Consumer Credit Protection Act (15 U.S.C. 1674(b)). (b) Bankruptcy (1) Rights and protections described No employing office may deny employment to, terminate the employment of, or discriminate with respect to employment against, a covered employee who is or has been a debtor under title 11, United States Code, or a bankrupt or a debtor under the Bankruptcy Act, or another covered employee with whom such bankrupt or debtor has been associated, solely because such bankrupt or debtor— (A) is or has been a debtor under such title or a debtor or bankrupt under such Act; (B) has been insolvent before the commencement of a case under such title or during the case but before the grant or denial of a discharge; or (C) has not paid a debt that is dischargeable in a case under such title or that was discharged under such Act. (2) Remedy The remedy for a violation of paragraph (1) would be such remedy as would be appropriate if awarded with respect to a violation of section 525(a) or (b) of title 11, United States Code. (c) Definitions For purposes of this section and for purposes of applying the procedures established under title IV for the consideration of alleged violations of this section— (1) the term covered employee includes an employee of the Government Accountability Office or the Library of Congress; and (2) the term employing office includes the Government Accountability Office and the Library of Congress. (d) Regulations To Implement Section (1) In general The Board shall, pursuant to section 304, issue regulations to implement this section. (2) Agency regulations The regulations issued under paragraph (1) shall be the same as the substantive regulations promulgated to implement section 304 of the Consumer Credit Protection Act ( 15 U.S.C. 1674 ) and the substantive regulations promulgated to implement section 525 of title 11, United States Code, except to the extent that the Board of Directors of the Office of Compliance may determine, for good cause shown and stated together with the regulation, that a modification of any such regulation would be more effective for the implementation of the rights and protections under this section. . (b) Conforming Amendment to Bankruptcy Code Section 525 of title 11, United States Code, is amended by adding at the end the following new subsection: (d) (1) In the case of an alleged violation of subsection (a) or (b) by a governmental unit which is a legislative branch employing office with respect to an employee of such office who is a legislative branch covered employee, the procedures for consideration of the alleged violation shall consist of the procedures applicable under title IV of the Congressional Accountability Act of 1995. (2) In this subsection— (A) the term legislative branch employing office means an employing office described in section 101(9) of the Congressional Accountability Act of 1995, and includes the Government Accountability Office and the Library of Congress; and (B) the term legislative branch covered employee means a covered employee described in section 101(3) of the Congressional Accountability Act of 1995, and includes an employee of the Government Accountability Office or the Library of Congress. . (c) Other Conforming Amendment Section 102(a) of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1302(a) ) is amended by adding at the end the following new paragraphs: (12) Section 2302(b)(8) of title 5, United States Code. (13) Section 304 of the Consumer Credit Protection Act ( 15 U.S.C. 1674 ). (14) Section 525 of title 11, United States Code. . (d) Clerical Amendment The table of contents for part A of title II of the Congressional Accountability Act of 1995 is amended— (1) in the item relating to part A, by striking Fair Labor Standards, and all that follows and inserting and Other Protections and Benefits ; (2) by redesignating the item relating to section 207 as relating to section 209; and (3) by inserting after the item relating to section 206 the following: Sec. 207. Rights and protections under whistleblower protection rules. Sec. 208. Restriction on discharge from employment by reason of garnishment or discriminatory treatment by reason of bankruptcy. . 4. Requiring retention of records necessary to administer anti-discrimination laws applicable to covered employees (a) Title VII of the Civil Rights Act; Age Discrimination in Employment Act; Americans with Disabilities Act Section 201 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1311 ) is amended— (1) by redesignating subsections (c) and (d) as subsections (d) and (e); and (2) by inserting after subsection (b) the following new subsection: (c) Retention of Records (1) Requiring employing offices to retain records necessary to administer rights and protections To the extent that the following provisions of law require the keeping of records necessary or appropriate for the administration of this section, such provisions of law shall apply to employing offices: (A) Section 709(c) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–8(c) ). (B) Section 7(a) of the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 626(a) ). (C) Section 107(a) of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12117(a) ). (2) Effective date This subsection shall apply with respect to records generated on or after the expiration of the 60-day period that begins on the date of the enactment of this subsection. . (b) Family and Medical Leave Act of 1993 (1) In general Section 202(a)(1) of such Act ( 2 U.S.C. 1312(a)(1) ) is amended by striking sections 101 through 105 and inserting sections 101 through 105 and section 106(b) . (2) Effective date (A) In general Subject to subparagraph (B), the amendment made by paragraph (1) shall take effect upon the adoption of regulations promulgated by the Board of Directors of the Office of Compliance to implement the amendment. (B) Interim applicability During the period that begins on the date of the enactment of this Act and ends on the effective date of the regulations referred to in subparagraph (A), the amendment made by paragraph (1) shall be implemented by the Board of Directors of the Office of Compliance or a hearing officer or court under the Congressional Accountability Act of 1995 (as the case may be) by applying (to the extent necessary and appropriate) the most relevant substantive executive agency regulations promulgated to implement the provision of law that is made applicable to employing offices and covered employees (as such terms are defined in the Congressional Accountability Act of 1995) by such amendment. (c) Fair Labor Standards Act of 1938 (1) In general Section 203(a)(1) of such Act ( 2 U.S.C. 1313(a)(1) ) is amended— (A) by striking and section 12(c) and inserting section 11(c), and section 12(c) ; and (B) by striking 212(c) and inserting 211(c), 212(c) . (2) Effective date (A) In general Subject to subparagraph (B), the amendment made by paragraph (1) shall take effect upon the adoption of regulations promulgated by the Board of Directors of the Office of Compliance to implement the amendment. (B) Interim applicability During the period that begins on the date of the enactment of this Act and ends on the effective date of the regulations referred to in subparagraph (A), the amendment made by paragraph (1) shall be implemented by the Board of Directors of the Office of Compliance or a hearing officer or court under the Congressional Accountability Act of 1995 (as the case may be) by applying (to the extent necessary and appropriate) the most relevant substantive executive agency regulations promulgated to implement the provision of law that is made applicable to employing offices and covered employees (as such terms are defined in the Congressional Accountability Act of 1995) by such amendment. 5. Requiring employing offices to post notice of rights of covered employees and provide training regarding rights and remedies (a) In General Title V of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1431 et seq. ) is amended by inserting after section 506 the following new section: 507. Requiring employing offices to post notice of rights of covered employees and provide training regarding rights and remedies (a) Notices of Rights Each employing office shall post and keep posted (in conspicuous places upon its premises where notices to covered employees are customarily posted) notices provided by the Board that describe the rights and protections applicable to covered employees of the office under this Act or any other Federal law made applicable to covered employees pursuant to this Act. (b) Training Each employing office shall provide to the covered employees of such office training regarding the rights and protections and remedies applicable to such employees under this Act or any other Federal law relating to the terms and conditions of employment. (c) Effective date This section shall take effect 60 days after the date of the enactment of this section. . (b) Clerical Amendment The table of contents of such Act is amended by amending the item relating to section 507 to read as follows: Sec. 507. Requiring employing offices to post notice of rights of covered employees and provide training regarding rights and remedies. . 6. Coverage of legislative branch employees under rules protecting jurors’ employment (a) In General Section 1875(a) of title 28, United States Code, is amended— (1) by striking (a) and inserting (a)(1) ; and (2) by adding at the end the following: (2) In this section— (A) the term employer includes an employing office under section 101(9) of the Congressional Accountability Act of 1995, the Government Accountability Office, the Government Printing Office, and the Library of Congress; and (B) the term permanent employee includes any covered employee under section 101(3) of the Congressional Accountability Act of 1995 and any employee of the Government Accountability Office, the Government Printing Office, and the Library of Congress, without regard to whether the employee’s term of service or appointment is permanent. . (b) Effective Date The amendments made by subsection (a) apply with respect to individuals summoned for juror service or serving on juries on or after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1858ih/xml/BILLS-113hr1858ih.xml |
113-hr-1859 | I 113th CONGRESS 1st Session H. R. 1859 IN THE HOUSE OF REPRESENTATIVES May 7, 2013 Mr. Schiff (for himself and Ms. Chu ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To revise the process by which the Federal Emergency Management Agency evaluates a request for major disaster assistance, and for other purposes.
1. Short title This Act may be cited as the Disaster Declaration Improvement Act of 2013 . 2. Findings Congress finds the following: (1) The process that the Federal Emergency Management Agency (FEMA) uses to determine whether major disaster assistance should be recommended to the President is badly flawed. (2) The Government Accountability Office’s 2012 report on the FEMA disaster assistance process stated that according to FEMA and state emergency management officials, FEMA has primarily relied on a single indicator, the statewide per capita damage indicator, to determine whether to recommend that a jurisdiction receive [Public Assistance] funding . (3) The Government Accountability Office’s 2012 report on the FEMA disaster assistance process also stated that 244 of 246 approved disaster declarations during fiscal years 2008 through 2011 had damage estimates that met or exceeded the Public Assistance per capita indicator. (4) Federal regulations do not prioritize the factors to be considered in recommending a major disaster declaration, but FEMA clearly does, as 99 percent of disasters in fiscal years 2008 through 2011 that satisfied FEMA’s statewide per capita damage threshold received a disaster declaration. (5) FEMA should give, in its future evaluation of Governor-submitted requests for major disaster assistance, equal consideration to all of the factors described in section 206.48(a) of title 44, Code of Federal Regulations, so that the process for recommending major disaster assistance will work as originally intended. (6) Another flaw in FEMA’s process, that communities within large States and counties are unfairly disadvantaged, must also be addressed. (7) Evaluation of Governor-submitted requests for major disaster assistance on the basis of a statewide per capita damage threshold, and occasionally a countywide per capita damage threshold, establishes a higher threshold for States and counties with large populations to receive major disaster assistance, even though there is no indication that they have a greater fiscal capacity to respond to disasters. (8) The inequity described in paragraphs (6) and (7) means that communities can suffer high levels of disaster-related damage but not receive the assistance they need to quickly recover from the disaster. (9) FEMA should consider more than just the statewide and countywide per capita damage thresholds in evaluating a request for major disaster assistance, so that communities in large population counties in large population States do not face an unreasonably high barrier to receiving assistance following a disaster. 3. Consideration of major disaster assistance requests Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall issue regulations to ensure that— (1) in any review of a request for major disaster assistance conducted by the Federal Emergency Management Agency, the factor described in section 206.48(a)(1) of title 44, Code of Federal Regulations (relating to the estimated cost of assistance), is provided consideration that is equal to the consideration provided to each of the other factors described in section 206.48(a) of such title; and (2) a request for major disaster assistance by a State is considered by the Federal Emergency Management Agency for recommendation to the President, without regard to any per capita damage threshold (other than a threshold described in this paragraph), in any case in which a disaster occurs with respect to a city or unincorporated jurisdiction— (A) with a population of less than 250,000; (B) located in a county with a population of more than 1,000,000 and a State with a population of more than 5,000,000; and (C) with respect to which the financial damage relating to the disaster exceeds— (i) in the case of a city, 10 percent of the city’s general fund; or (ii) in the case of an unincorporated jurisdiction, $100 per capita. | https://www.govinfo.gov/content/pkg/BILLS-113hr1859ih/xml/BILLS-113hr1859ih.xml |
113-hr-1860 | I 113th CONGRESS 1st Session H. R. 1860 IN THE HOUSE OF REPRESENTATIVES May 7, 2013 Mr. Sensenbrenner introduced the following bill; which was referred to the Committee on the Judiciary A BILL To modernize, shorten, and simplify the Federal criminal code, and for other purposes.
1. Short title This Act may be cited as the Criminal Code Modernization and Simplification Act of 2013 . 2. Revision of Part I of title 18 , United States Code Part I of title 18, United States Code, is amended to read as follows: I GENERAL PROVISIONS AND OFFENSES Chapter 1. Definitions 1 3. Criminal responsibility 2 5. Other general provisions 21 10. Violent crimes against persons 101 13. Sex crimes 201 15. National security and related crimes 261 17. Drug crimes 401 19. Organized crime 501 21. Arson, firearms, explosives, and weapons crimes 571 23. Theft and related crimes 641 25. Fraud and false statement crimes 771 27. Crimes related to Federal Government responsibilities 851 29. Crimes related to protection of Government functions and integrity 991 31. International law crimes 1251 33. Transportation-related crimes 1301 35. Regulatory crimes 1371 37. Privacy 1481 50. Forfeiture 2501 1 DEFINITIONS 1. Definitions for title. 1. Definitions for title In this title, the following definitions apply unless otherwise provided: (1) The term person and the term whoever , unless the context otherwise requires, include any entity capable of holding a legal or beneficial interest in property as well as an individual, and where used as a victim of an offense, includes a government. (2) The term minor means an individual who is less than 18 years of age. (3) The term national of the United States has the meaning given in section 101(a)(22) of the Immigration and Nationality Act . (4) The term organization means a person other than an individual. (5) The term department means one of the executive departments enumerated in section 1 of title 5, unless the context shows that such term was intended to describe the executive, legislative, or judicial branches of the Government. (6) The term agency means any department, independent establishment, commission, administration, authority, board, or bureau of the United States or any corporation in which the United States has a proprietary interest, unless the context shows that such term was intended to be used in a more limited sense. (7) The term Postal Service means the United States Postal Service established under title 39, and every officer and employee of that Service, whether or not such officer or employee has taken the oath of office. (8) The term court of the United States includes the District Court of Guam, the District Court for the Northern Mariana Islands, and the District Court of the Virgin Islands. (9) The term foreign government except in sections 102, 112, 121, 144, or 928, includes any government, faction, or body of insurgents within a country with which the United States is at peace, irrespective of recognition by the United States. (10) The term crime of violence means— (A) an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another; or (B) any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense. (11) The term petty offense means a Class B misdemeanor, a Class C misdemeanor, or an infraction, for which the maximum fine is no greater than the amount set forth for such an offense in 571(b)(6) or (7) in the case of an individual or section 3571(c)(6) or (7) in the case of an organization. (12) The term United States , unless the context otherwise requires, includes all places and waters, continental or insular, subject to the jurisdiction of the United States. (13) The term State means a State of the United States, the District of Columbia, or any commonwealth, territory, or possession of the United States. (14) The term interstate commerce means commerce between or among more than one State. (15) The term foreign commerce means commerce with a foreign country. (16) The term facility of interstate or foreign commerce includes a means of transportation and communication in or affecting interstate or foreign commerce. (17) The term health care benefit program means any public or private plan or contract, affecting commerce, under which any medical benefit, item, or service is provided to any individual, and includes any individual or entity who is providing a medical benefit, item, or service for which payment may be made under the plan or contract. (18) The term Federal health care offense means a violation of— (A) section 655, 792, or 806 of this title, or section 1128B of the Social Security Act; or (B) section 504, 651, 653, 772, 782, 801, 803, or 1017 of this title, section 411, 518, or 511 of the Employee Retirement Income Security Act of 1974, section 301 of the Federal Food, Drug, and Cosmetic Act, or section 501 of the Employee Retirement Income Security Act of 1974, if the violation relates to a health care benefit program. (19) The term financial institution means— (A) an insured depository institution (as defined in section 3(c)(2) of the Federal Deposit Insurance Act); (B) a credit union with accounts insured by the National Credit Union Administration; (C) a Federal home loan bank or a member of the Federal home loan bank system (as such terms are defined in section 2 of the Federal Home Loan Bank Act); (D) a System institution of the Farm Credit System (as defined in section 5.35(3) of the Farm Credit Act of 1971); (E) a small business investment company (as defined in section 103 of the Small Business Investment Act of 1958); (F) a depository institution holding company (as defined in section 3(w)(1) of the Federal Deposit Insurance Act); (G) a Federal Reserve bank or a member bank of the Federal Reserve System; (H) an organization operating under section 25 or section 25A of the Federal Reserve Act ; (I) a branch or agency of a foreign bank (as such terms are defined in section 1(b) of the International Banking Act of 1978 ); and (J) a mortgage lending business or any person or entity that makes in whole or in part a federally related mortgage loan (as defined in section 3 of the Real Estate Settlement Procedures Act of 1974). (20) The term mortgage lending business means an organization which finances or refinances any debt secured by an interest in real estate, including private mortgage companies and any subsidiaries of such organizations, and whose activities affect interstate or foreign commerce. (21) The term national bank is synonymous with national banking association . (22) The term obligation or other security of any foreign government includes uncanceled stamps, whether or not demonetized. (23) The term special maritime and territorial jurisdiction of the United States means the following: (A) The high seas, any other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State, and any vessel belonging in whole or in part to the United States or any citizen thereof, or to any corporation created by or under the laws of the United States, or of any State, when such vessel is within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State. (B) Any vessel registered, licensed, or enrolled under the laws of the United States, and being on a voyage upon the waters of any of the Great Lakes, or any of the waters connecting them, or upon the Saint Lawrence River where the same constitutes the International Boundary Line. (C) Any lands reserved or acquired for the use of the United States, and under the exclusive or concurrent jurisdiction thereof, or any place purchased or otherwise acquired by the United States by consent of the legislature of the State in which the same shall be, for the erection of a fort, magazine, arsenal, dockyard, or other needful building. (D) Any aircraft belonging in whole or in part to the United States, or any citizen thereof, or to any corporation created by or under the laws of the United States, or any State, while such aircraft is in flight over the high seas, or over any other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State. (E) Any vehicle used or designed for flight or navigation in space and on the registry of the United States pursuant to the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies and the Convention on Registration of Objects Launched into Outer Space, while that vehicle is in flight, which is from the moment when all external doors are closed on Earth following embarkation until the moment when one such door is opened on Earth for disembarkation or in the case of a forced landing, until the competent authorities take over the responsibility for the vehicle and for persons and property aboard. (F) Any place outside the jurisdiction of any nation with respect to an offense by or against a national of the United States. (G) To the extent permitted by international law, any foreign vessel during a voyage having a scheduled departure from or arrival in the United States with respect to an offense committed by or against a national of the United States. (H) With respect to offenses committed by or against a national of the United States— (i) the premises of United States diplomatic, consular, military, or other United States Government missions or entities in foreign states, including the buildings, parts of buildings, and land appurtenant or ancillary thereto or used for purposes of those missions or entities, irrespective of ownership; and (ii) residences in foreign states and the land appurtenant or ancillary thereto, irrespective of ownership, used for purposes of those missions or entities or used by United States personnel assigned to those missions or entities. Nothing in clause (ii) supersedes any treaty or international agreement. Clause (ii) does not apply with respect to an offense committed by a person described in section 3261(a). (24) The term vessel of the United States means a vessel belonging in whole or in part to the United States, or any citizen thereof, or any corporation created by or under the laws of the United States, or of any State. (25) The term serious bodily injury means— (A) bodily injury which involves— (i) a substantial risk of death or unconsciousness; (ii) extreme physical pain; (iii) protracted and obvious disfigurement; or (iv) protracted loss or impairment of the function of a bodily member, organ, or mental or sensory faculty; or (B) the condition of being a victim of conduct that, had it occurred in the special maritime or territorial jurisdiction of the United States, would have violated subchapter A of chapter 13. (26) The term substantial bodily injury means bodily injury which involves— (A) a temporary but substantial disfigurement; or (B) a temporary but substantial loss or impairment of the function of any bodily member, organ, or mental or sensory faculty. (27) The term bodily injury means— (A) a cut, abrasion, bruise, burn, or disfigurement; (B) physical pain; (C) illness; (D) impairment of the function of a bodily member, organ, or mental or sensory faculty; or (E) any other injury to the body, no matter how temporary. (28) The term controlled substance means a controlled substance as defined in section 102 of the Controlled Substances Act. 3 CRIMINAL RESPONSIBILITY 2. Principals. 3. Accessory after the fact. 4. Misprision of felony. 5. Conspiracy. 6. Attempt. 7. Solicitation to commit a crime of violence. 2. Principals (a) Generally Whoever commits an offense against the United States or aids, abets, counsels, commands, induces, or procures its commission, is punishable as a principal. (b) For Conduct of Others Whoever intentionally causes conduct by another that is an offense against the United States, is punishable as a principal for that offense. 3. Accessory after the fact (a) Offense Whoever, knowing that an offense against the United States has been committed, receives, relieves, comforts, or assists the offender in order to hinder or prevent his apprehension, trial, or punishment, is an accessory after the fact. (b) Punishment Except as otherwise expressly provided by Act of Congress, an accessory after the fact shall be imprisoned not more than one-half the maximum term of imprisonment or (notwithstanding section 3571) fined not more than one-half the maximum fine prescribed for the punishment of the principal, or both; or if the principal is punishable by life imprisonment or death, the accessory shall be imprisoned not more than 15 years. 4. Misprision of felony Whoever, having knowledge of the actual commission of a felony offense against the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be imprisoned not more than three years. 5. Conspiracy Unless otherwise provided by law, if two or more persons conspire to commit any offense against the United States, and one or more of such persons do any act to effect the object of the conspiracy, each shall be punished for the offense which is the object of the conspiracy. 6. Attempt Unless otherwise provided by law, whoever attempts to commit an offense shall be punished as is provided for the completed offense. 7. Solicitation to commit a crime of violence (a) Offense Whoever, with intent that another person engage in a Federal offense that is a felony crime of violence and under circumstances strongly corroborative of that intent, solicits such other person to engage in that offense, shall be imprisoned not more than one-half the maximum term of imprisonment or (notwithstanding section 3571) fined not more than one-half of the maximum fine prescribed for the punishment of the crime solicited, or both; or if the crime solicited is punishable by life imprisonment or death, shall be imprisoned for not more than 20 years. (b) Affirmative defense It is an affirmative defense to a prosecution under this section that, under circumstances manifesting a voluntary and complete renunciation of his criminal intent, the defendant prevented the commission of the crime solicited. A renunciation is not voluntary and complete if it is motivated in whole or in part by a decision to postpone the commission of the crime until another time or to substitute another victim or another but similar objective. (c) Limitation on defenses It is not a defense to a prosecution under this section that the person solicited could not be convicted of the crime because that person lacked the state of mind required for its commission, was incompetent or irresponsible, or is immune from prosecution, or not subject to, prosecution. 5 OTHER GENERAL PROVISIONS A DEFENSES Sec. 21. Affirmative defenses. 22. Insanity defense. 21. Affirmative defenses If a provision of law provides an affirmative defense to a prosecution for an offense, the defendant must prove the elements of that defense by a preponderance of the evidence. 22. Insanity defense (a) Affirmative defense It is an affirmative defense to a prosecution under any Federal statute that, at the time of the commission of the acts constituting the offense, the defendant, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his acts. Mental disease or defect does not otherwise constitute a defense. (b) Burden of proof The defendant has the burden of proving the defense of insanity by clear and convincing evidence. B GENERAL RULES PERTAINING TO CRIMINAL OFFENSES Sec. 31. Non-preemption. 32. Extraterritorial jurisdiction over derivative offenses. 31. Non-preemption The existence of a Federal criminal offense does not preclude the application of a State or local law to the conduct proscribed by the offense, unless the law specifically so provides or the State or local law requires conduct constituting the Federal criminal offense. 32. Extraterritorial jurisdiction over derivative offenses If extraterritorial jurisdiction exists for an offense defined by a provision of law, then extraterritorial jurisdiction also exists for any offense arising under chapter 3 as a result of conduct with respect the offense so defined. 33. State of mind requirements generally (a) For conduct Unless otherwise provided in the provision defining an offense, the state of mind required to prove the conduct required for the offense is knowingly. (b) For circumstances and results Unless otherwise provided in the provision defining the offense, the state of mind required to prove the conduct required for the offense is the same as the state of mind required to prove the conduct. 10 VIOLENT CRIMES AGAINST PERSONS A HOMICIDE 101. Homicide. 102. Federally punishable homicides. 103. Penalties for murders punishable under section 102 ; attempts. 104. Penalties for manslaughters punishable under section 102 ; attempts. 105. Misconduct or neglect of ship officers. 101. Homicide Unless otherwise provided by an Act of Congress, if a Federal law makes the killing of a human being an offense, the following categories shall apply with respect to that offense: (1) Murder (A) Elements of offense Murder is the unlawful killing of a human being with malice aforethought. Every murder perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, and premeditated killing; or committed in the perpetration of, or attempt to perpetrate, any arson, escape, murder, kidnapping, treason, espionage, sabotage, aggravated sexual abuse or sexual abuse, child abuse, burglary, or robbery; or perpetrated as part of a pattern or practice of assault or torture against a child or children; or perpetrated from a premeditated design unlawfully and maliciously to effect the death of any human being other than him who is killed, is murder in the first degree. Any other murder is murder in the second degree. (B) Definitions In this paragraph— (i) the term assault means conduct that consists of an assault as described in section 111; (ii) the term child means a child who is under the perpetrator’s care or control or at least six years younger than the perpetrator; (iii) the term child abuse means intentionally causing death or serious bodily injury to a child; (iv) the term pattern or practice of assault or torture means assault or torture engaged in on at least two occasions; and (v) the term torture means conduct, whether or not committed under the color of law, that otherwise satisfies the definition of that term set forth in section 1292. (2) Manslaughter Manslaughter is the unlawful killing of a human being without malice. It is of two kinds: (A) Voluntary Upon a sudden quarrel or heat of passion. (B) Involuntary In the commission of an unlawful act not amounting to a felony, or in the commission in an unlawful manner, or without due caution and circumspection, of a lawful act which might produce death. 102. Federally punishable homicides In addition to any other homicides made punishable by law, the following are Federal offenses: (1) Special maritime and territorial jurisdiction A killing of an individual in the special maritime and territorial jurisdiction of the United States. (2) Officers and employees and former officers and employees of the United States A killing of any officer or employee, or any former officer or employee, of the United States or of any agency in any branch of the United States Government (including any member of the uniformed services) while such officer or employee is engaged in or on account of the performance of official duties, or any individual assisting such an officer or employee in the performance of such duties or on account of that assistance. (3) Family members of officers and employees and former officers and employees of the United States A killing, with the intent to impede, intimidate, or interfere with an individual described in paragraph (2) while that individual is engaged in the performance of official duties, or with intent to retaliate against such individual on account of the performance of official duties of that individual, of a member of that individual’s family. (4) Foreign officials, official guests, and internationally protected persons A killing of a foreign official, official guest, or internationally protected person. (5) Killings by escaped prisoner A killing by an individual who has escaped from a Federal correctional institution where the individual was confined under a sentence for a term of life imprisonment. (6) Congressional, cabinet, and supreme court assassination A killing of an individual who is a Member of Congress or a Member-of-Congress-elect, a member of the executive branch of the Government who is the head, or a person nominated to be head during the pendency of such nomination, of a department listed in section 101 of title 5 or the second ranking official in such department, the Director (or a person nomrinated to be Director during the pendency of such nomination) or Principal Deputy Director of National Intelligence, the Director (or a person nominated to be Director during the pendency of such nomination) or Deputy Director of the Central Intelligence Agency, or a Justice of the United States, as defined in section 451 of title 28, or a person nominated to be a Justice of the United States, during the pendency of such nomination. (7) Presidential and presidential staff assassination A killing of an individual who is— (A) the President of the United States, the President-elect, the Vice President, or, if there is no Vice President, the officer next in the order of succession to the Office of the President of the United States, the Vice President-elect, or any person who is acting as President under the Constitution and laws of the United States; (B) a major Presidential or Vice Presidential candidate (as defined in section 3056); or (C) a person appointed under section 105(a)(2)(A) of title 3 employed in the Executive Office of the President or appointed under section 106(a)(1)(A) of title 3 employed in the Office of the Vice President. (8) Of national abroad A killing of an individual outside the United States who is a national of the United States. (9) Killings by prisoner A killing of an individual by a person confined under a sentence of life imprisonment in a Federal correctional facility. 103. Penalties for murders punishable under section 102 ; attempts (a) Murder A murder that is an offense under section 102 is punishable by— (1) death or imprisonment for life for first degree murder; and (2) imprisonment for any term of years or for life for second degree murder. (b) Attempted murder (1) Generally Except as provided in paragraph (2), whoever attempts to commit a murder that is an offense under section 102 shall be imprisoned not more than 20 years. (2) Special rule relating to congressional, cabinet, and supreme court assassinations and presidential and presidential staff assassinations If the offense attempted is against an individual described in paragraph (6) or (7) of section 102, the penalty is imprisonment for any term of years or for life. 104. Penalties for manslaughters punishable under section 102 ; attempts (a) Penalty for manslaughter A manslaughter that is an offense under section 102 is punishable by— (1) imprisonment for not more than ten years, for voluntary manslaughter; and (2) imprisonment for not more than six years, for involuntary manslaughter. (b) Attempted manslaughter Whoever attempts to commit a manslaughter that would be punishable under section 102 shall be imprisoned not more than 7 years. 105. Misconduct or neglect of ship officers (a) Officers Every captain, engineer, pilot, or other person employed on any steamboat or vessel, by whose misconduct, negligence, or inattention to his duties on such vessel the life of any person is destroyed, and every owner, charterer, inspector, or other public officer, through whose fraud, neglect, connivance, misconduct, or violation of law the life of any person is destroyed, shall be imprisoned not more than ten years. (b) Owners When the owner or charterer of any steamboat or vessel is a corporation, any executive officer of such corporation, for the time being actually charged with the control and management of the operation, equipment, or navigation of such steamboat or vessel, who has knowingly caused or allowed such fraud, neglect, connivance, misconduct, or knowing violation of law, by which the life of any person is destroyed, shall be imprisoned not more than ten years. B ASSAULT AND RELATED OFFENSES 111. Assault. 112. Individuals federally protected from assault. 113. Interference with Federal officers and employees. 114. Domestic assault by a habitual offender. 115. Transportation for purposes of female genital mutilation. 111. Assault Unless otherwise provided by Act of Congress, if a Federal law prohibits an assault against an individual, the following punishments shall apply with respect to that offense: (1) Assault with intent to commit murder, a felony under subchapter A of chapter 10, or with intent to maim, disfigure, or torture, by imprisonment for not more than 20 years. (2) Assault with intent to commit any felony, except murder or a felony under subchapter A of chapter 10, by imprisonment for not more than ten years. (3) Assault with a dangerous weapon, with intent to do bodily harm, and without just cause or excuse, by imprisonment for not more than ten years. (4) Assault resulting in serious bodily injury, by imprisonment for not more than ten years. (5) Assault resulting in substantial bodily injury to an individual who has not attained the age of 16 years, by imprisonment for not more than 5 years. (6) Assault by striking, beating, or wounding, by imprisonment for not more than six months. (7) Simple assault, by imprisonment for not more than six months, or if the victim of the assault is an individual who has not attained the age of 16 years, by imprisonment for not more than 1 year. 112. Individuals federally protected from assault It is an offense to assault any individual whose killing is a Federal offense under paragraph (1), (2), (3), (4), (6), or (7) of section 102. 113. Interference with Federal officers and employees Whoever interferes with any officer or employee of the United States or of any agency in any branch of the United States Government (including any member of the uniformed services) while such officer or employee is engaged in or on account of the performance of official duties, or any individual assisting such an officer or employee in the performance of such duties or on account of that assistance while that person is engaged in, or on account of, the performance, official duties shall be imprisoned not more than one year. 114. Domestic assault by a habitual offender (a) In general Whoever commits a domestic assault within the special maritime and territorial jurisdiction of the United States or Indian country and who has a final conviction on at least 2 separate prior occasions in Federal, State, or Indian tribal court proceedings for offenses that would be, if subject to Federal jurisdiction— (1) any assault, sexual abuse, or serious violent felony against a spouse or intimate partner; or (2) an offense under section 161, shall be imprisoned for a term of not more than 5 years, but if substantial bodily injury results from the offense under this section, the offender shall be imprisoned for a term of not more than 10 years. (b) Domestic assault defined In this section, the term domestic assault means an assault committed by a current or former spouse, parent, child, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, parent, child, or guardian, or by a person similarly situated to a spouse, parent, child, or guardian of the victim. 115. Transportation for purposes of female genital mutilation Whoever, in or affecting interstate or foreign commerce, transports a person for purposes of circumcises, excises, or infibulates the whole or any part of the labia majora or labia minora or clitoris of another person who has not attained the age of 18 years shall be fined under this title or imprisoned not more than 5 years, or both. (b) A surgical operation is not a violation of this section if the operation is— (1) necessary to the health of the person on whom it is performed, and is performed by a person licensed in the place of its performance as a medical practitioner; or (2) performed on a person in labor or who has just given birth and is performed for medical purposes connected with that labor or birth by a person licensed in the place it is performed as a medical practitioner, midwife, or person in training to become such a practitioner or midwife. C KIDNAPPING 121. Kidnapping. 122. Ransom money. 123. Hostage taking. 124. International parental kidnapping. 121. Kidnapping (a) Basic offense Except in the case of a child by the parent thereof, whoever, as made applicable by subsection (b), kidnaps an individual shall be imprisoned for any term of years or for life and, if death results to any individual, shall be punished by death or life imprisonment. (b) Circumstances required Subsection (a) applies if— (1) the victim is transported in interstate or foreign commerce; (2) the victim’s body is transported in interstate or foreign commerce and the victim was alive when the transportation began; (3) the offender travels in interstate or foreign commerce or uses the mail or any means, facility, or instrumentality of interstate or foreign commerce in committing or in furtherance of the commission of the offense; or (4) the victim is an individual whose killing is a Federal offense under paragraph (1), (2), (4), (6), or (7) of section 102. (c) Presumption With respect to a violation of subsection (a), based on the circumstance described in subsection (b)(1), the failure to release the victim within 24 hours after the victim was kidnapped creates a rebuttable presumption that the victim has been transported in interstate or foreign commerce. However, the fact that the presumption under this section has not yet taken effect does not preclude a Federal investigation of a possible violation of this section. (d) Attempts Whoever attempts to violate subsection (a) shall be punished by imprisonment for not more than 20 years but if the individual whose kidnapping was attempted is described in paragraph (6) or (7) of section 102, the offender shall be imprisoned for any term of years or for life. (e) Special rule for certain offenses involving children If the victim of an offense under this section is a minor and the offender— (1) is not a minor; and (2) is not— (A) a parent; (B) a grandparent; (C) a brother; (D) a sister; (E) an aunt; (F) an uncle; or (G) an individual having legal custody of the victim; the sentence under this section for such offense shall include imprisonment for not less than 20 years. (f) Definition As used in this section, the term parent does not include a person whose parental rights with respect to the victim of an offense under this section have been terminated by a final court order. 122. Ransom money (a) Federal Whoever receives, possesses, or disposes of any money or other property, or any portion thereof, which has at any time been delivered as ransom or reward in connection with a violation of section 121, knowing it to be such, shall be imprisoned not more than ten years. (b) State Whoever transports, transmits, or transfers in interstate or foreign commerce any proceeds of a kidnapping punishable under State law by imprisonment for more than 1 year, or receives, possesses, conceals, or disposes of any such proceeds after they have crossed a State or United States boundary, knowing the proceeds to have been unlawfully obtained, shall be imprisoned not more than 10 years. 123. Hostage taking (a) Offense Except as provided in subsection (b) of this section, whoever, whether inside or outside the United States, seizes or detains and threatens to kill, to injure, or to continue to detain another person in order to compel a third person or a governmental organization to do or abstain from doing any act as an explicit or implicit condition for the release of the person detained shall be punished by imprisonment for any term of years or for life and, if the death of any person results, shall be punished by death or life imprisonment. (b) Exclusions (1) It is not an offense under this section if the conduct required for the offense occurred outside the United States unless— (A) the offender or the person seized or detained is a national of the United States; (B) the offender is found in the United States; or (C) the governmental organization sought to be compelled is the Government of the United States. (2) It is not an offense under this section if the conduct required for the offense occurred inside the United States, each alleged offender and each person seized or detained are nationals of the United States, and each alleged offender is found in the United States, unless the governmental organization sought to be compelled is the Government of the United States. 124. International parental kidnapping (a) Offense Whoever removes a child from the United States, or attempts to do so, or retains a child (who has been in the United States) outside the United States with intent to obstruct the lawful exercise of parental rights shall be imprisoned not more than 3 years. (b) Definitions As used in this section— (1) the term child means a person who has not attained the age of 16 years; and (2) the term parental rights , with respect to a child, means the right to physical custody of the child— (A) whether joint or sole (and includes visiting rights); and (B) whether arising by operation of law, court order, or legally binding agreement of the parties. (c) Affirmative defense It is an affirmative defense under this section that— (1) the defendant acted within the provisions of a valid court order granting the defendant legal custody or visitation rights and that order was obtained pursuant to the Uniform Child Custody Jurisdiction Act or the Uniform Child Custody Jurisdiction and Enforcement Act and was in effect at the time of the offense; (2) the defendant was fleeing an incidence or pattern of domestic violence; or (3) the defendant had physical custody of the child pursuant to a court order granting legal custody or visitation rights and failed to return the child as a result of circumstances beyond the defendant’s control, and the defendant notified or made reasonable attempts to notify the other parent or lawful custodian of the child of such circumstances within 24 hours after the visitation period had expired and returned the child as soon as possible. (d) Effect on Hague Convention This section does not limit The Hague Convention on the Civil Aspects of International Parental Child Abduction, done at The Hague on October 25, 1980. D THREATS AGAINST SPECIALLY PROTECTED PERSONS 131. Threats against officers or employees of the United States, and other specially protected persons. 131. Threats against officers or employees of the United States, and other specially protected persons Whoever threatens to kill, kidnap, or inflict bodily harm upon— (1) an individual described in paragraph (2) or (3) of section 102 on account of the performance of official duties; (2) an individual described in paragraph (4), (6), or (7) of section 102; (3) a former President of the United States; (4) a member of the family of the President, the President-elect, the Vice President, or the Vice President-elect; (5) a major candidate for the office of President or Vice President, or a member of the family of such candidate; or (6) a person protected by the Secret Service under section 3056(a)(6); shall be imprisoned for not more than 10 years. E DEFINITIONS AND GENERAL PROVISIONS FOR SUBCHAPTERS A THROUGH D 136. Definitions for subchapters A through D. 137. Special rules relating to offenses against certain types of victims. 136. Definitions for subchapters A through D Unless otherwise provided, in subchapters A through D, the following definitions apply: (1) The term family , with respect to an individual, means— (A) a spouse, parent, brother or sister, child, or person to whom the individual stands in loco parentis; or (B) any other person living in the individual’s household and related to the individual by blood or marriage. (2) The term foreign government means the government of a foreign country, irrespective of recognition by the United States. (3) The term foreign official means— (A) a Chief of State or the political equivalent, President, Vice President, Prime Minister, Ambassador, Foreign Minister, or other officer of Cabinet rank or above of a foreign government or the chief executive officer of an international organization, or any person who has previously served in such capacity, and any member of his family, while in the United States; or (B) any person of a foreign nationality who is duly notified to the United States as an officer or employee of a foreign government or international organization, and who is in the United States on official business, and any member of that person’s family whose presence in the United States is in connection with the presence of such officer or employee. (4) The term internationally protected person means an individual who is— (A) a Chief of State or the political equivalent, head of government, or Foreign Minister whenever such person is in a country other than his own and any member of that individual’s family accompanying that individual; or (B) any other representative, officer, employee, or agent of the United States Government, a foreign government, or international organization who at the time and place concerned is entitled pursuant to international law to special protection against attack upon his person, freedom, or dignity, and any member of that individual’s family then forming part of his household. (5) The term international organization means a public international organization designated as such pursuant to section 1 of the International Organizations Immunities Act or a public organization created pursuant to treaty or other agreement under international law as an instrument through or by which two or more foreign governments engage in some aspect of their conduct of international affairs. (6) The term official guest means a citizen or national of a foreign country present in the United States as an official guest of the Government of the United States pursuant to designation as such by the Secretary of State. (7) The terms President-elect and Vice President-elect mean those persons who are the apparently successful candidates for the offices of President and Vice President, respectively, as ascertained from the result of the general elections held to determine the electors of President and Vice President under sections 1 and 2 of title 3. 137. Special rules relating to offenses against certain types of victims (a) Extraterritorial jurisdiction (1) Presidential and congressional victims There is extraterritorial jurisdiction over an offense under any of subchapters A through D against a victim described in paragraph (6) or (7) of section 102. (2) Internationally protected persons There is extraterritorial jurisdiction over an offense under any of subchapters A through D the victim of which is an internationally protected person outside the United States, if— (A) the victim is a representative, officer, employee, or agent of the United States; (B) an offender is a national of the United States; or (C) an offender is afterwards found in the United States. (b) Use of military with respect to certain offenses With respect to an offense under this chapter, or an attempt or conspiracy to commit such an offense, if an element of the offense is that the victim be individual described in paragraph (6) or (7) of section 102, a foreign official, an internationally protected person, or an official guest, the Attorney General may request assistance from any Federal, State, or local agency, including the Army, Navy, and Air Force. (c) Special provisions relating to offenses involving Presidential or congressional victims With respect to an offense under paragraph (6) or (7) of section 102— (1) if Federal investigative or prosecutive jurisdiction is asserted, that assertion suspends the exercise of jurisdiction by a State or local authority, under any applicable State or local law, until Federal action is terminated; (2) the Federal Bureau of Investigation shall have investigative authority; and (3) in a prosecution, the Government need not prove that the defendant knew that the victim of the offense was an individual who is protected by that paragraph. (d) Actions required for certain homicide prosecutions No prosecution shall be undertaken for an offense under section 102(8) unless the named official takes one of the following actions: (1) In the case of any such prosecution, the Attorney General or the highest ranking subordinate of the Attorney General with responsibility for criminal prosecutions certifies that, in the judgment of the certifying official, such offense was intended to coerce, intimidate, or retaliate against a government or a civilian population. (2) (A) In the case of a killing by a national of the United States within the jurisdiction of another country, the Attorney General, the Deputy Attorney General, or an Assistant Attorney General approves the prosecution, which function of approving prosecutions may not be delegated. (B) No prosecution shall be approved under this paragraph if prosecution has been previously undertaken by a foreign country for the same conduct. No prosecution shall be approved under this paragraph unless the Attorney General, in consultation with the Secretary of State, determines that the conduct took place in a country in which the person is no longer present, and the country lacks the ability to lawfully secure the person’s return. A determination by the Attorney General under this paragraph is not subject to judicial review. F ROBBERY, EXTORTION, AND RELATED THREATS 141. Robbery in special maritime and territorial jurisdiction. 142. Robbery of personal property of United States. 143. Bank robbery and incidental crimes. 144. Communication of ransom demands and other threatening communications in or affecting commerce. 145. Extortion by officers or employees of the United States. 146. Receiving the proceeds of extortion. 141. Robbery in special maritime and territorial jurisdiction Whoever, within the special maritime and territorial jurisdiction of the United States, by force and violence, or by intimidation, takes or attempts to take from the person or presence of another anything of value, shall be imprisoned not more than 15 years. 142. Robbery of personal property of United States Whoever robs or attempts to rob another of any kind or description of personal property belonging to the United States, shall be imprisoned not more than 15 years. 143. Bank robbery and incidental crimes (a) Bank robbery Whoever— (1) by force and violence, or by intimidation, takes, or attempts to take, from the person or presence of another, or obtains or attempts to obtain by extortion any property or money or any other thing of value belonging to, or in the care, custody, control, management, or possession of, any bank, credit union, or any savings and loan association; or (2) enters or attempts to enter any bank, credit union, or any savings and loan association, or any building used in whole or in part as a bank, credit union, or as a savings and loan association, with intent to commit in such bank, credit union, or in such savings and loan association, or building, or part thereof, so used, any felony affecting such bank, credit union, or such savings and loan association and in violation of any statute of the United States, or any larceny; shall be imprisoned not more than 20 years. (b) Theft of property over $1,000 in value Whoever takes and carries away, with intent to steal or purloin any property or money or any other thing of value exceeding $1,000 belonging to, or in the care, custody, control, management, or possession of any bank, credit union, or any savings and loan association, shall be imprisoned not more than ten years. (c) Theft of property of $1,000 or less in value Whoever takes and carries away, with intent to steal or purloin, any property or money or any other thing of value not exceeding $1,000 belonging to, or in the care, custody, control, management, or possession of any bank, credit union, or any savings and loan association, shall be imprisoned not more than one year. (d) Receiving stolen bank property Whoever receives, possesses, conceals, stores, barters, sells, or disposes of any property or money or other thing of value which has been taken or stolen from a bank, credit union, or savings and loan association in violation of subsection (b) or (c), knowing the same to be property which has been stolen shall be subject to the punishment provided in subsection (b) or (c) for the taker. (e) Assaulting person or placing life in jeopardy Whoever, in committing, or in attempting to commit, any offense defined in subsections (a) through (c), assaults any person, or puts in jeopardy the life of any person by the use of a dangerous weapon or device, shall be imprisoned not more than 25 years. (f) Killing and kidnapping Whoever, in committing any offense defined in this section, or in avoiding or attempting to avoid apprehension for the commission of such offense, or in freeing himself or attempting to free himself from arrest or confinement for such offense, kills any person, or forces any person to accompany him without the consent of such person, shall be imprisoned not less than ten years, or if death results shall be punished by death or life imprisonment. (g) Definitions As used in this section— (1) the term bank means any member bank of the Federal Reserve System, and any bank, banking association, trust company, savings bank, or other banking institution organized or operating under the laws of the United States, including a branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978 ), and any institution the deposits of which are insured by the Federal Deposit Insurance Corporation; (2) the term credit union means any Federal credit union and any State-chartered credit union the accounts of which are insured by the National Credit Union Administration Board, and any Federal credit union as defined in section 2 of the Federal Credit Union Act ; (3) the term State-chartered credit union includes a credit union chartered under the laws of a State; and (4) the term savings and loan association means— (A) a Federal savings association or State savings association (as defined in section 3(b) of the Federal Deposit Insurance Act ) having accounts insured by the Federal Deposit Insurance Corporation; and (B) a corporation described in section 3(b)(1)(C) of the Federal Deposit Insurance Act that is operating under the laws of the United States. 144. Communication of ransom demands and other threatening communications in or affecting commerce (a) Kidnap ransom Whoever knowingly transmits, in or affecting interstate or foreign commerce, any communication containing any demand or request for a ransom or reward for the release of any kidnapped person shall be imprisoned not more than 20 years. (b) Threats To kidnap or injure Whoever, with intent to extort from any person any money or other thing of value, knowingly transmits, in or affecting interstate commerce, any communication containing any threat to kidnap any person or any threat to injure the person of another, shall be imprisoned not more than 20 years. (c) Threats to property or reputation with intent To extort Whoever, with intent to extort from any person any money or other thing of value, knowingly transmits, in or affecting interstate or foreign commerce, any communication containing any threat— (1) to injure the property or reputation of another or the reputation of a deceased person; or (2) to accuse another of a crime; shall be imprisoned not more than 10 years. 145. Extortion by officers or employees of the United States Whoever, being an officer, or employee of the United States or any department or agency thereof, or representing oneself to be or assuming to act as such, under color or pretense of office or employment commits or attempts an act of extortion, shall be imprisoned not more than three years; but if the amount so extorted or demanded does not exceed $1,000, the offender shall be imprisoned not more than one year. 146. Receiving the proceeds of extortion Whoever receives, possesses, conceals, or disposes of any money or other property which was obtained from the commission of any offense under this subchapter that is punishable by imprisonment for more than 1 year, knowing the same to have been unlawfully obtained, shall be imprisoned not more than 3 years. G EXTORTIONATE CREDIT TRANSACTIONS 155. Making extortionate extensions of credit. 156. Financing extortionate extensions of credit. 157. Collection of extensions of credit by extortionate means. 158. Definitions and rules of construction. 155. Making extortionate extensions of credit (a) Offense Whoever makes any extortionate extension of credit shall be imprisoned not more than 20 years. (b) Prima facie evidence of extortionate transaction In any prosecution under this section, if it is shown that all of the following factors were present in connection with the extension of credit in question, there is prima facie evidence that the extension of credit was extortionate: (1) The repayment of the extension of credit, or the performance of any promise given in consideration thereof, would be unenforceable, through civil judicial processes against the debtor— (A) in the jurisdiction within which the debtor, if a natural person, resided; or (B) in every jurisdiction within which the debtor, if other than a natural person, was incorporated or qualified to do business at the time the extension of credit was made. (2) The extension of credit was made at a rate of interest in excess of an annual rate of 45 per centum calculated according to the actuarial method of allocating payments made on a debt between principal and interest, pursuant to which a payment is applied first to the accumulated interest and the balance is applied to the unpaid principal. (3) At the time the extension of credit was made, the debtor reasonably believed that either— (A) one or more extensions of credit by the creditor had been collected or attempted to be collected by extortionate means, or the nonrepayment thereof had been punished by extortionate means; or (B) the creditor had a reputation for the use of extortionate means to collect extensions of credit or to punish the nonrepayment thereof. (4) Upon the making of the extension of credit, the total of the extensions of credit by the creditor to the debtor then outstanding, including any unpaid interest or similar charges, exceeded $100. (c) Reputation evidence In any prosecution under this section, if evidence is introduced tending to show the existence of any of the circumstances described in subsection (b)(1) or (b)(2), and direct evidence of the actual belief of the debtor as to the creditor’s collection practices is not available, then for the purpose of showing the understanding of the debtor and the creditor at the time the extension of credit was made, the court may in its discretion allow evidence to be introduced tending to show the reputation as to collection practices of the creditor in any community of which the debtor was a member at the time of the extension. 156. Financing extortionate extensions of credit Whoever knowingly advances money or property, whether as a gift, as a loan, as an investment, pursuant to a partnership or profit-sharing agreement, or otherwise, to any person, with reason to believe that it is the intention of that person to use the money or property so advanced directly or indirectly for the purpose of making extortionate extensions of credit, shall be imprisoned not more than 20 years. 157. Collection of extensions of credit by extortionate means Whoever knowingly uses any extortionate means— (1) to collect or attempt to collect any extension of credit; or (2) to punish any person for nonrepayment of an extension of credit; shall be imprisoned not more than 20 years. 158. Definitions and rules of construction As used in this subchapter: (1) To extend credit means to make or renew any loan, or to enter into any agreement, tacit or express, whereby the repayment or satisfaction of any debt or claim, whether acknowledged or disputed, valid or invalid, and however arising, may or will be deferred. (2) The term creditor , with reference to any given extension of credit, refers to any person making that extension of credit, or to any person claiming by, under, or through any person making that extension of credit. (3) The term debtor , with reference to any given extension of credit, refers to any person to whom that extension of credit is made, or to any person who guarantees the repayment of that extension of credit, or in any manner undertakes to indemnify the creditor against loss resulting from the failure of any person to whom that extension of credit is made to repay the same. (4) The repayment of any extension of credit includes the repayment, satisfaction, or discharge in whole or in part of any debt or claim, acknowledged or disputed, valid or invalid, resulting from or in connection with that extension of credit. (5) To collect an extension of credit means to induce in any way any person to make repayment thereof. (6) An extortionate extension of credit is any extension of credit with respect to which it is the understanding of the creditor and the debtor at the time it is made that delay in making repayment or failure to make repayment could result in the use of violence or other criminal means to cause harm to the person, reputation, or property of any person. (7) An extortionate means is any means which involves the use, or an express or implicit threat of use, of violence or other criminal means to cause harm to the person, reputation, or property of any person. (8) State law, including conflict of laws rules, governing the enforceability through civil judicial processes of repayment of any extension of credit or the performance of any promise given in consideration thereof shall be judicially noticed. This paragraph does not impair any authority which any court would otherwise have to take judicial notice of any matter of State law. H DOMESTIC VIOLENCE 161. Interstate domestic violence; interstate stalking; interstate violations of custody orders. 162. Pretrial release of defendant. 163. Full faith and credit given to protection orders. 164. Definitions. 165. Repeat offenders. 161. Interstate domestic violence; interstate stalking; interstate violations of custody orders (a) Offenses Whoever— (1) travels in interstate or foreign commerce or enters or leaves Indian country or within the special maritime and territorial jurisdiction of the United States with the intent to kill, injure, harass, or intimidate a spouse, intimate partner, or dating partner, and who, in the course of or as a result of such travel, commits or attempts to commit a crime of violence against that spouse, intimate partner, or dating partner; (2) causes a spouse, intimate partner, or dating partner to travel in interstate or foreign commerce or to enter or leave Indian country or within the special maritime and territorial jurisdiction of the United States by force, coercion, duress, or fraud, and who, in the course of, as a result of, or to facilitate such conduct or travel, commits or attempts to commit a crime of violence against that spouse, intimate partner, or dating partner; (3) travels in interstate or foreign commerce or within the special maritime and territorial jurisdiction of the United States, or enters or leaves Indian country, with the intent to kill, injure, harass, or place under surveillance with intent to kill, injure, harass, or intimidate another person, and in the course of, or as a result of, such travel places that person in reasonable fear of the death of, or serious bodily injury to, or causes substantial emotional distress to that person, a member of the family (as defined in section 136) of that person, or the spouse or intimate partner of that person; or (4) with the intent— (A) to kill, injure, harass, or place under surveillance with intent to kill, injure, harass, or intimidate, or cause substantial emotional distress to a person in another State or tribal jurisdiction or within the special maritime and territorial jurisdiction of the United States; or (B) to place a person in another State or tribal jurisdiction, or within the special maritime and territorial jurisdiction of the United States, in reasonable fear of the death of, or serious bodily injury to— (i) that person; (ii) a member of the family (as defined in section 136) of that person; or (iii) a spouse or intimate partner of that person; uses the mail, any interactive computer service, or any facility of interstate or foreign commerce to engage in a course of conduct that causes substantial emotional distress to that person or places that person in reasonable fear of the death of, or serious bodily injury to, any of the persons described in clauses (i) through (iii) of subparagraph (B); (5) travels in interstate or foreign commerce, or enters or leaves Indian country, with the intent to engage in conduct that violates the portion of a protection order that prohibits or provides protection against violence, threats, or harassment against, contact or communication with, or physical proximity to, another person, or that would violate such a portion of a protection order in the jurisdiction in which the order was issued, and subsequently engages in such conduct; or (6) causes another person to travel in interstate or foreign commerce or to enter or leave Indian country by force, coercion, duress, or fraud, and in the course of, as a result of, or to facilitate such conduct or travel engages in conduct that violates the portion of a protection order that prohibits or provides protection against violence, threats, or harassment against, contact or communication with, or physical proximity to, another person, or that would violate such a portion of a protection order in the jurisdiction in which the order was issued; shall be punished as provided in subsection (b). (b) Punishment (1) In general Whoever violates subsection (a) shall be imprisoned— (A) for life or any term of years, if death of the victim results; (B) for not more than 20 years, if permanent disfigurement or life threatening bodily injury to the victim results; (C) for not more than 10 years, if serious bodily injury to the victim results or if the offender uses a dangerous weapon during the offense; (D) as provided for the applicable conduct under subchapter A of chapter 13, if the offense would constitute an offense under that subchapter if the offense had occurred within the special maritime and territorial jurisdiction of the United States; and (E) for not more than 5 years, in any other case. (2) Special rule Whoever violates paragraph (3) or (4) of subsection (a) in violation of a temporary or permanent civil or criminal injunction, restraining order, no-contact order, or other order described in section 164 shall be punished by imprisonment for not less than 1 year. 162. Pretrial release of defendant In any proceeding pursuant to section 3142 for the purpose of determining whether a defendant charged under this subchapter shall be released pending trial, or for the purpose of determining conditions of such release, the alleged victim shall be given an opportunity to be heard regarding the danger posed by the defendant. 163. Full faith and credit given to protection orders (a) Full faith and credit Any protection order issued that is consistent with subsection (b) of this section by the court of one State or Indian tribe (the issuing State or Indian tribe) shall be accorded full faith and credit by the court of another State or Indian tribe, (the enforcing State or Indian tribe) and enforced by the court and law enforcement personnel of the other State or Indian tribe as if it were the order of the enforcing State or Indian tribe. (b) Protection order A protection order issued by a State, tribal, or territorial court is consistent with this subsection if— (1) such court has jurisdiction over the parties and matter under the law of such State or Indian tribe; and (2) reasonable notice and opportunity to be heard is given to the person against whom the order is sought sufficient to protect that person’s right to due process; and in the case of ex parte orders, notice and opportunity to be heard must be provided within the time required by State, tribal, or territorial law, and in any event within a reasonable time after the order is issued, sufficient to protect the respondent’s due process rights. (c) Cross or counter petition A protection order issued by a State, tribal, or territorial court against one who has petitioned, filed a complaint, or otherwise filed a written pleading for protection against abuse by a spouse or intimate partner is not entitled to full faith and credit if— (1) no cross or counter petition, complaint, or other written pleading was filed seeking such a protection order; or (2) a cross or counter petition has been filed and the court did not make specific findings that each party was entitled to such an order. (d) Notification and registration (1) Notification A State or Indian tribe according full faith and credit to an order by a court of another State or Indian tribe shall not notify or require notification of the party against whom a protection order has been issued that the protection order has been registered or filed in that enforcing State, tribal, or territorial jurisdiction unless requested to do so by the party protected under such order. (2) No prior registration or filing as prerequisite for enforcement Any protection order that is otherwise consistent with this section shall be accorded full faith and credit, notwithstanding failure to comply with any requirement that the order be registered or filed in the enforcing State, tribal, or territorial jurisdiction. (3) Limits on internet publication of registration information A State or Indian tribe shall not make available publicly on the Internet any information regarding the registration, filing of a petition for, or issuance of a protection order, restraining order, or injunction in either the issuing or enforcing State, tribal, or territorial jurisdiction, if such publication would be likely to publicly reveal the identity or location of the party protected under such order. A State or Indian tribe may share court-generated and law-enforcement-generated information contained in secure, governmental registries for protection order enforcement purposes. (e) Tribal court jurisdiction For purposes of this section, a tribal court shall have full civil jurisdiction to enforce protection orders, including authority to enforce any orders through civil contempt proceedings, exclusion of violators from Indian lands, and other appropriate mechanisms, in matters arising within the authority of the tribe. 164. Definitions As used in this subchapter— (1) the term course of conduct means a pattern of conduct composed of 2 or more acts, demonstrating a continuity of purpose; (2) the term enter or leave Indian country includes leaving the jurisdiction of one tribal government and entering the jurisdiction of another tribal government; (3) the term protection order includes— (A) any injunction, restraining order, or any other order issued by a civil or criminal court for the purpose of preventing violent or threatening acts or harassment against, sexual violence, or contact or communication with or physical proximity to, another person, including any temporary or final order issued by a civil or criminal court whether obtained by filing an independent action or as a pendente lite order in another proceeding so long as any civil or criminal order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection; and (B) any support, child custody or visitation provisions, orders, remedies or relief issued as part of a protection order, restraining order, or injunction pursuant to State, tribal, territorial, or local law authorizing the issuance of protection orders, restraining orders, or injunctions for the protection of victims of domestic violence, sexual assault, dating violence, or stalking; (4) the term spouse or intimate partner includes— (A) for purposes of— (i) all provisions except paragraphs (3) and (4) of section 161— (I) a spouse or former spouse of the abuser, a person who shares a child in common with the abuser, and a person who cohabits or has cohabited as a spouse with the abuser; or (II) a person who is or has been in a social relationship of a romantic or intimate nature with the abuser, as determined by the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship; and (ii) paragraphs (3) and (4) of section 161— (I) a spouse or former spouse of the target of the stalking, a person who shares a child in common with the target of the stalking, and a person who cohabits or has cohabited as a spouse with the target of the stalking; or (II) a person who is or has been in a social relationship of a romantic or intimate nature with the target of the stalking, as determined by the length of the relationship, the type of the relationship, and the frequency of interaction between the persons involved in the relationship; and (B) any other person similarly situated to a spouse who is protected by the domestic or family violence laws of the State or tribal jurisdiction in which the injury occurred or where the victim resides; (5) the term travel in interstate or foreign commerce does not include travel from one State to another by an individual who is a member of an Indian tribe and who remains at all times in the territory of the Indian tribe of which the individual is a member; and (6) the term dating partner refers to a person who is or has been in a social relationship of a romantic or intimate nature with the abuser; and the existence of such a relationship is based on a consideration of— (A) the length of the relationship; (B) the type of relationship; and (C) the frequency of interaction between the persons involved in the relationship. 165. Repeat offenders (a) Maximum term of imprisonment The maximum term of imprisonment for a violation of this subchapter after a prior domestic violence or stalking offense shall be twice the term otherwise provided under this subchapter. (b) Definition As used in this section, the term prior domestic violence or stalking offense means a conviction for an offense— (1) under section 161; or (2) under State law for an offense consisting of conduct that would have been an offense under section 161 if the conduct had occurred within the special maritime and territorial jurisdiction of the United States, or in interstate or foreign commerce. I PROTECTION OF UNBORN CHILDREN 171. Protection of unborn children. 172. Partial-birth abortions prohibited. 171. Protection of unborn children (a) Offense (1) Whoever engages in conduct that violates any of the provisions of law listed in subsection (b) and thereby causes the death of, or bodily injury to, a child, who is in utero at the time the conduct takes place, is guilty of a separate offense under this section. (2) (A) Except as otherwise provided in this paragraph, the punishment for that separate offense is the same as the punishment provided under Federal law for that conduct had that injury or death occurred to the unborn child’s mother. (B) An offense under this section does not require proof that— (i) the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or (ii) the defendant intended to cause the death of, or bodily injury to, the unborn child. (C) If the person engaging in the conduct thereby intentionally kills or attempts to kill the unborn child, that person shall instead of being punished under subparagraph (A) and subject to subparagraph (D), be punished as provided under subchapter A for the like offense. (D) Notwithstanding any other provision of law, the death penalty shall not be imposed for an offense under this section. (b) Provisions referred to The provisions referred to in subsection (a) are the following: (1) Sections 102, 112, 121, 123, 131, 143, 161, 201(a)(1), 204, 271, 273, 501, 502, 506, 507, 584(j), 593, 601, 614(d), (f), (h)(1), and (i), 631, 873, 892, 895, 897, 898, 1131, 1132, 1137, 1138, 1204(a), 1216, 1291, 1296, 1305, 1331, 1345, and 1373. (2) Section 202 of the Atomic Energy Act of 1954 . (c) Rule of construction Nothing in this section shall be construed to permit the prosecution— (1) of any person for conduct relating to an abortion for which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law; (2) of any person for any medical treatment of the pregnant woman or her unborn child; or (3) of any woman with respect to her unborn child. (d) Definitions As used in this section— (1) the term unborn child means a child in utero; and (2) the term child in utero or child, who is in utero means a member of the species Homo sapiens, at any stage of development, who is carried in the womb. 172. Partial-birth abortions prohibited (a) Offense Any physician who, in or affecting interstate or foreign commerce, knowingly performs a partial-birth abortion and thereby kills a human fetus shall be imprisoned not more than 2 years. This subsection does not apply to a partial-birth abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself. (b) Definitions As used in this section— (1) the term partial-birth abortion means an abortion in which the person performing the abortion— (A) deliberately and intentionally vaginally delivers a living fetus until, in the case of a head-first presentation, the entire fetal head is outside the body of the mother, or, in the case of breech presentation, any part of the fetal trunk past the navel is outside the body of the mother, for the purpose of performing an overt act that the person knows will kill the partially delivered living fetus; and (B) performs the overt act, other than completion of delivery, that kills the partially delivered living fetus; and (2) the term physician means a doctor of medicine or osteopathy legally authorized to practice medicine and surgery by the State in which the doctor performs such activity, or any other individual legally authorized by the State to perform abortions, but any individual who is not a physician or not otherwise legally authorized by the State to perform abortions, but who nevertheless directly performs a partial-birth abortion, shall be subject to the provisions of this section. (c) Civil action (1) The father, if married to the mother at the time she receives a partial-birth abortion procedure, and if the mother has not attained the age of 18 years at the time of the abortion, the maternal grandparents of the fetus, may in a civil action obtain appropriate relief, unless the pregnancy resulted from the plaintiff’s criminal conduct or the plaintiff consented to the abortion. (2) Such relief shall include— (A) money damages for all injuries, psychological and physical, occasioned by the violation of this section; and (B) statutory damages equal to three times the cost of the partial-birth abortion. (d) Hearing (1) A defendant accused of an offense under this section may seek a hearing before the State Medical Board on whether the physician’s conduct was necessary to save the life of the mother whose life was endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself. (2) The findings on that issue are admissible on that issue at the trial of the defendant. Upon a motion of the defendant, the court shall delay the beginning of the trial for not more than 30 days to permit such a hearing to take place. (e) Exclusion A woman upon whom a partial-birth abortion is performed may not be prosecuted under this section, for a conspiracy to violate this section, or for an offense under section 2, 3, or 4 based on a violation of this section. 13 SEX CRIMES Subchapter A. Sexual abuse B. Transport for illegal sexual activity C. Sexual exploitation of children D. Sex offender registry E. General provisions and definitions A SEXUAL ABUSE 201. Sexual abuse. 202. Abusive sexual contact. 203. Special rules and defenses. 204. Sexual abuse resulting in death. 205. Definitions for subchapter. 201. Sexual abuse (a) Offenses As made applicable and punished in subsection (b), the following offenses have the following elements: (1) Aggravated sexual abuse of a child Whoever— (A) knowingly engages in a sexual act with another person— (i) who has not attained the age of 12 years; or (ii) who has attained the age of 12 years but has not attained the age of 16 years (and is at least 4 years younger than the person so engaging); or (B) crosses a state line with the intent to engage in a sexual act with a person who has not attained the age of 12 years; is guilty of aggravated sexual abuse of a child. (2) Aggravated sexual abuse Whoever— (A) knowingly causes another person to engage in a sexual act— (i) by using force against that other person; or (ii) by threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, substantial risk of unconsciousness, or kidnapping; or (B) knowingly— (i) renders another person unconscious and thereby engages in a sexual act with that other person; or (ii) administers to another person by force or threat of force, or without the knowledge or permission of that person, a drug, intoxicant, or other similar substance and thereby— (I) substantially impairs the ability of that other person to appraise or control conduct; and (II) engages in a sexual act with that other person; is guilty of aggravated sexual abuse. (3) Sexual abuse Whoever knowingly— (A) causes another person to engage in a sexual act by threatening or placing that other person in fear (other than by threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, substantial risk of unconsciousness, or kidnapping); or (B) engages in a sexual act with another person if that other person is— (i) incapable of appraising the nature of the conduct; or (ii) physically incapable of declining participation in, or communicating unwillingness to engage in, that sexual act; is guilty of sexual abuse. (4) Sexual abuse of a ward Whoever knowingly engages in a sexual act with another person who is— (A) in official detention; and (B) under the custodial, supervisory, or disciplinary authority of the person so engaging; is guilty of sexual abuse of a ward. (b) Penalties and circumstances for Federal offense (1) Penalties (A) Aggravated sexual abuse of a child Whoever commits aggravated sexual abuse of a child in a place described in paragraph (2) or by crossing a State line with the intent to engage in a sexual act with a person who has not attained the age of 12 years shall be imprisoned not less than 30 years or for life. If the offender has previously been convicted of another Federal offense under subsection (a)(1) or (a)(2), or of a State offense that would have been an offense under either such provision had the offense occurred in a Federal prison, the defendant shall be punished by death or life imprisonment. (B) Aggravated sexual abuse Whoever commits aggravated sexual abuse in a place described in paragraph (2) shall be imprisoned for any term of years or for life. (C) Sexual abuse Whoever commits sexual abuse in a place described in paragraph (2) shall be imprisoned not more than 20 years. (D) Sexual abuse of a ward Whoever commits sexual abuse of a ward in a place described in paragraph (2) shall be imprisoned not more than 15 years. (2) Circumstances The places referred to in paragraph (1) are— (A) the special maritime and territorial jurisdiction of the United States; or (B) a Federal prison or any prison institution or facility in which persons are held in custody by direction of or pursuant to a contract or agreement with the Attorney General. 202. Abusive sexual contact Whoever engages in sexual contact with another person— (1) under circumstances in which, if the sexual contact had been a sexual act, the sexual contact would be punishable under section 201(b)(1)(A), shall be imprisoned for any term of years or for life; (2) under circumstances in which, if the sexual contact had been a sexual act, the sexual contact would be punishable under section 201(b)(1)(B), shall be imprisoned not more than 10 years; (3) under circumstances in which, if the sexual contact had been a sexual act, the sexual contact would be punishable under section 201(b)(1)(C), shall be imprisoned not more than 3 years; and (4) under circumstances in which, if the sexual contact had been a sexual act, the sexual contact would be punishable under section 201(b)(1)(D), shall be imprisoned not more than 2 years. 203. Special rules and defenses (a) Proof of state of mind as to age In a prosecution under subsection (a)(1), the Government need not prove that the defendant knew the age of the other person engaging in the sexual act or that the requisite age difference existed between the persons so engaging. (b) Defenses (1) Aggravated sexual abuse of a child or sexual contact involving a minor It is an affirmative defense to a prosecution under this subchapter for an offense involving a minor where an element of the offense is that the minor not be 16 years of age or older that the defendant reasonably believed the minor to be 16 years of age or older. (2) Marriage in certain cases It is an affirmative defense to prosecution for an offense under this subchapter involving a sexual act or sexual contact with a ward, that the ward was married to the person engaging in the sexual act or contact at the time of the alleged offense. 204. Sexual abuse resulting in death Whoever, in the course of an offense under this subchapter, engages in conduct that results in the death of a person, shall be punished by death or imprisoned for any term of years or for life. 205. Definitions for subchapter As used in this subchapter— (1) the term sexual act means— (A) contact between the penis and the vulva or the penis and the anus, and for purposes of this subparagraph contact involving the penis occurs upon penetration, however slight; (B) contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus; (C) the penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or (D) the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of 16 years, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; (2) the term sexual contact means the intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; (3) the term official detention means— (A) detention by a Federal officer or employee, or under the direction of a Federal officer or employee, following arrest for an offense; following surrender in lieu of arrest for an offense; following a charge or conviction of an offense, or an allegation or finding of juvenile delinquency; following commitment as a material witness; following civil commitment in lieu of criminal proceedings or pending resumption of criminal proceedings that are being held in abeyance, or pending extradition, deportation, or exclusion; or (B) custody by a Federal officer or employee, or under the direction of a Federal officer or employee, for purposes incident to any detention described in subparagraph (A) of this paragraph, including transportation, medical diagnosis or treatment, court appearance, work, and recreation; but does not include supervision or other control (other than custody during specified hours or days) after release on bail, probation, or parole, or after release following a finding of juvenile delinquency. B TRANSPORT FOR ILLEGAL SEXUAL ACTIVITY 211. Transportation generally. 212. Coercion and enticement. 213. Transportation of minors. 214. Use of interstate facilities to transmit information about a minor. 211. Transportation generally Whoever knowingly transports an individual in interstate or foreign commerce, or in any territory or possession of the United States, with intent that such individual engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be imprisoned not more than 10 years. 212. Coercion and enticement (a) Whoever knowingly persuades, induces, entices, or coerces any individual to travel in interstate or foreign commerce, or in any territory or possession of the United States, to engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be imprisoned not more than 20 years. (b) Whoever, using any facility of interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States, knowingly persuades, induces, entices, or coerces any minor to engage in prostitution or any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be imprisoned not less than 5 years and not more than 30 years. 213. Transportation of minors (a) Transportation with intent To engage in criminal sexual activity Whoever transports a minor in interstate or foreign commerce, or in any territory or possession of the United States, with intent that the minor engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense, shall be imprisoned not less than 5 years and not more than 30 years. (b) Travel with intent To engage in illicit sexual conduct Whoever travels in interstate commerce or travels into the United States, or, being a United States citizen or an alien admitted for permanent residence in the United States, travels in foreign commerce, for the purpose of engaging in any illicit sexual conduct shall be imprisoned not more than 30 years. (c) Engaging in illicit sexual conduct in foreign places Any United States citizen or alien admitted for permanent residence who travels in foreign commerce, and engages in any illicit sexual conduct shall be imprisoned not more than 30 years. (d) Ancillary offenses Whoever, for the purpose of commercial advantage or private financial gain, arranges, induces, procures, or facilitates the travel of a person knowing that such a person is traveling in interstate commerce or foreign commerce for the purpose of engaging in illicit sexual conduct shall be imprisoned not more than 30 years. (e) Definition As used in this section, the term illicit sexual conduct means— (1) a sexual act (as defined in section 205) with a minor that would be in violation of subchapter A if the sexual act occurred in the special maritime and territorial jurisdiction of the United States; (2) any commercial sex act (as defined in section 1265) with a minor; or (3) the production of child pornography (as defined in section 225). (f) Defense In a prosecution under this section based on illicit sexual conduct as defined in subsection (e)(2), it is an affirmative defense that the defendant reasonably believed that the person with whom the defendant engaged in the commercial sex act had attained the age of 18 years. 214. Use of interstate facilities to transmit information about a minor Whoever, using a facility of interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States, knowingly transmits the name, address, telephone number, social security number, or electronic mail address of another individual, knowing that such other individual has not attained the age of 16 years, with the intent to entice, encourage, offer, or solicit any person to engage in any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be imprisoned not more than 5 years. C SEXUAL EXPLOITATION OF CHILDREN 221. Sexual exploitation of children. 222. Selling or buying of children. 223. Certain activities relating to material involving the sexual exploitation of minors and child pornography. 224. Misleading domain names on the Internet. 225. Definitions for subchapter. 226. Recordkeeping requirements. 227. Failure to report child abuse. 221. Sexual exploitation of children (a) Offense Whoever, as made applicable in subsection (b)— (1) either— (A) employs, uses, persuades, induces, entices, or coerces any minor to engage in, or who has a minor assist any other person to engage in, any sexually explicit conduct for the purpose of producing any visual depiction of such conduct or for the purpose of transmitting a live visual depiction of such conduct; or (B) transports any minor in interstate or foreign commerce, or in any territory or possession of the United States, with the intent that such minor engage in such conduct for such purpose; or (2) being a parent, legal guardian, or person having custody or control of a minor knowingly permits such minor to engage in, or to assist any other person to engage in, sexually explicit conduct for the purpose of producing any visual depiction of such conduct or for the purpose of transmitting a live visual depiction of such conduct; shall be punished as provided under subsection (e). (b) Applicability Subsection (a) applies if— (1) the person engaging in that conduct knows or has reason to know that such visual depiction will be transported or transmitted in or affecting interstate or foreign commerce; (2) such visual depiction was produced using materials that have been transported in or affecting interstate or foreign commerce; (3) such visual depiction has actually been transported or transmitted in or affecting interstate or foreign commerce; or (4) the conduct constituting the offense occurs in or affects interstate or foreign commerce. (c) Extraterritorial jurisdiction There is extraterritorial jurisdiction over an offense under subsection (a)(1) if the offender— (1) intends such visual depiction to be transported to the United States; or (2) transports such visual depiction to the United States. (d) Advertisements (1) Whoever, as made applicable by paragraph (2), knowingly makes, prints, or publishes, or causes to be made, printed, or published, any notice or advertisement seeking or offering— (A) to receive, exchange, buy, produce, display, distribute, or reproduce, any visual depiction, if the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct and such visual depiction is of such conduct; or (B) participation in any act of sexually explicit conduct by or with any minor for the purpose of producing a visual depiction of such conduct; shall be punished as provided under subsection (e). (2) Paragraph (1) applies if— (A) such person knows or has reason to know that such notice or advertisement will be transported in or affecting interstate or foreign commerce; or (B) such notice or advertisement is transported in or affecting interstate or foreign commerce. (e) Punishment Whoever violates this section shall be imprisoned not less than 15 years nor more than 30 years, but if such person has one prior conviction under this subchapter, subchapter A or B of this chapter, subchapter F of chapter 35, or under section 920 of title 10 (article 120 of the Uniform Code of Military Justice), or under the laws of any State relating to the sexual exploitation of children, such person shall be imprisoned for not less than 25 years nor more than 50 years, but if such person has 2 or more such prior convictions, such person shall be imprisoned not less than 35 years nor more than life. Whoever, in the course of an offense under this section, engages in conduct that results in the death of a person, shall be punished by death or imprisoned for any term of years or for life. 222. Selling or buying of children (a) Transfer of custody Whoever, as made applicable by subsection (d) and with a mental state described in subsection (c) having custody or control of a minor, transfers that custody or control, or offers to do so, shall be punished by imprisonment for not less than 30 years or for life. (b) Obtaining custody Whoever, as made applicable by subsection (d) and with a mental state described in subsection (c), obtains custody or control of a minor, or offers to do so, shall be punished by imprisonment for not less than 30 years or for life. (c) Mental state The mental state referred to in subsections (a) and (b) is— (1) knowledge that, as a consequence of the transfer of custody, the minor will be portrayed in a visual depiction engaging in, or assisting another person to engage in, sexually explicit conduct; or (2) intent to promote either— (A) the engaging in of sexually explicit conduct by such minor for the purpose of producing any visual depiction of such conduct; or (B) the rendering of assistance by the minor to any other person to engage in sexually explicit conduct for the purpose of producing any visual depiction of such conduct. (d) Federal nexus Conduct described in subsections (a) and (b) is an offense if— (1) in the course of the conduct the minor or the person engaging in the conduct travel in interstate or foreign commerce; (2) any offer described in such subsections was communicated or transported in or affecting interstate or foreign commerce; or (3) the conduct took place in any territory or possession of the United States. 223. Certain activities relating to material involving the sexual exploitation of minors and child pornography (a) Offense Whoever, in a circumstance described in subsection (b)— (1) knowingly— (A) transports an exploitative visual depiction or child pornography; (B) receives, or distributes, any exploitative visual depiction or child pornography; or (C) reproduces any exploitative visual depiction or child pornography for distribution; (2) knowingly— (A) sells or possesses with intent to sell any exploitative visual depiction or child pornography; or (B) possesses or accesses with intent to view an exploitative visual depiction or child pornography; (3) knowingly advertises, promotes, presents, distributes, or solicits any material or purported material in a manner that reflects the belief, or that is intended to cause another to believe, that the material or purported material contains an exploitative visual depiction or child pornography; or (4) knowingly produces with intent to distribute, or distributes, by any means, including a computer, child pornography that is an adapted or modified depiction of an identifiable minor; shall be punished as provided in subsection (c). (b) Circumstance required The circumstance referred to in subsection (a) is any one of the following: (1) The conduct occurs in the special maritime and territorial jurisdiction of the United States, or in the Indian country as defined in section 871. (2) The conduct is in or affects interstate or foreign commerce. (3) The exploitative visual depiction or child pornography is transported in or affecting interstate or foreign commerce, or was produced using materials which have been so transported. (c) Punishment (1) Whoever violates paragraph (1), (2)(A), or (3) of subsection (a) shall be imprisoned not less than 5 years and not more than 20 years, but if such person has a prior relevant conviction, such person shall be imprisoned for not less than 15 years nor more than 40 years. (2) Whoever violates paragraph (2)(B) of subsection (a) shall be imprisoned not more than 10 years, but if any visual depiction involved in the offense involved a prepubescent minor or a minor who had not attained 12 years of age, such person shall be fined under this title and imprisoned for not more than 20 years, or if such person has a prior relevant conviction, such person shall be imprisoned for not less than 10 years nor more than 20 years. (3) Whoever violates paragraph (4) of subsection (a) shall be imprisoned not more than 15 years. (4) In this subsection, the term prior relevant conviction means a prior conviction under this chapter, subchapter A or B of this chapter, subchapter F of chapter 35, or under section 920 of title 10 (article 120 of the Uniform Code of Military Justice), or under the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward, or the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography. (d) Affirmative defenses (1) It is an affirmative defense to a charge of violating paragraph (2)(B) of subsection (a) that the defendant— (A) possessed less than three matters containing any visual depiction proscribed by that paragraph; and (B) promptly and in good faith, and without retaining or allowing any person, other than a law enforcement agency, to access any visual depiction or copy thereof— (i) took reasonable steps to destroy each such visual depiction; or (ii) reported the matter to a law enforcement agency and afforded that agency access to each such visual depiction. (2) It is an affirmative defense to a charge of violating paragraph (1), (2), or (4) of subsection (a) that— (A) (i) the alleged child pornography was produced using an actual person or persons engaging in sexually explicit conduct; and (ii) each such person was an adult at the time the material was produced; or (B) the alleged child pornography was not produced using any actual minor. No affirmative defense under subsection (d)(2) shall be available in any prosecution that involves child pornography as described in section 225(5). A defendant may not assert an affirmative defense to a charge of violating paragraph (1), (2), or (4) of subsection (a) unless, within the time provided for filing pretrial motions or at such time prior to trial as the judge may direct, but in no event later than 14 days before the commencement of the trial, the defendant provides the court and the United States with notice of the intent to assert such defense and the substance of any expert or other specialized testimony or evidence upon which the defendant intends to rely. If the defendant fails to comply with this subsection, the court shall, absent a finding of extraordinary circumstances that prevented timely compliance, prohibit the defendant from asserting such defense to a charge of violating paragraph (1), (2), or (4) of subsection (a) or presenting any evidence for which the defendant has failed to provide proper and timely notice. (e) Admissibility of evidence On motion of the Government, in any prosecution under this subchapter or section 1445, except for good cause shown, the name, address, social security number, or other nonphysical identifying information, other than the age or approximate age, of any minor who is depicted in any child pornography shall not be admissible and may be redacted from any otherwise admissible evidence, and the jury shall be instructed, upon request of the United States, that it can draw no inference from the absence of such evidence in deciding whether the child pornography depicts an actual minor. (f) Exploitative visual depiction defined In this section, a visual depiction is an exploitative visual depiction if— (1) the producing of such visual depiction involves the use of a child engaging in sexually explicit conduct; and (2) such visual depiction is of such conduct. 224. Misleading domain names on the Internet (a) Obscenity Whoever knowingly uses a misleading domain name on the Internet with the intent to deceive a person into viewing material constituting obscenity shall be imprisoned not more than 2 years. (b) Material harmful to minors Whoever knowingly uses a misleading domain name on the Internet with the intent to deceive a minor into viewing material that is harmful to minors on the Internet shall be imprisoned not more than 10 years. (c) Definition For the purposes of this section— (1) a domain name that includes a word or words to indicate the sexual content of the site, such as sex or porn , is not misleading; (2) the term material that is harmful to minors means any communication, consisting of nudity, sex, or excretion, that, taken as a whole and with reference to its context— (A) predominantly appeals to a prurient interest of minors; (B) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and (C) lacks serious literary, artistic, political, or scientific value for minors; and (3) as used in this subsection, the term sex means acts of masturbation, sexual intercourse, or physical contact with a person’s genitals, or the condition of human male or female genitals when in a state of sexual stimulation or arousal. 225. Definitions for subchapter In this subchapter the following definitions apply: (1) (A) Except as provided in subparagraph (B), the term sexually explicit conduct means actual or simulated— (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; (ii) bestiality; (iii) masturbation; (iv) sadistic or masochistic abuse; or (v) lascivious exhibition of the genitals or pubic area of any person. (B) For purposes of paragraph 5(B), the term sexually explicit conduct means— (i) graphic sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or lascivious simulated sexual intercourse where the genitals, breast, or pubic area of any person is exhibited; (ii) graphic or lascivious simulated— (I) bestiality; (II) masturbation; or (III) sadistic or masochistic abuse; or (iii) graphic or simulated lascivious exhibition of the genitals or pubic area of any person. (2) The term producing means producing, directing, manufacturing, issuing, publishing, or advertising. (3) The term visual depiction includes undeveloped film and videotape, data stored on computer disk or by electronic means which is capable of conversion into a visual image, and data which is capable of conversion into a visual image that has been transmitted by any means, whether or not stored in a permanent format. (4) The term custody or control includes temporary supervision over or responsibility for a minor whether legally or illegally obtained. (5) The term child pornography means any visual depiction of sexually explicit conduct, where— (A) the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct; (B) such visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or (C) such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct. (6) The term identifiable minor — (A) means a person— (i) (I) who was a minor at the time the visual depiction was created, adapted, or modified; or (II) whose image as a minor was used in creating, adapting, or modifying the visual depiction; and (ii) who is recognizable as an actual person by the person’s face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature; and (B) shall not be construed to require proof of the actual identity of the identifiable minor. (7) The term graphic , when used with respect to a depiction of sexually explicit conduct, means that a viewer can observe any part of the genitals or pubic area of any depicted person or animal during any part of the time that the sexually explicit conduct is being depicted. (8) The term indistinguishable used with respect to a depiction, means virtually indistinguishable, in that the depiction is such that an ordinary person viewing the depiction would conclude that the depiction is of an actual minor engaged in sexually explicit conduct. This definition does not apply to depictions that are drawings, cartoons, sculptures, or paintings depicting minors or adults. 226. Recordkeeping requirements (a) Duty To keep records Whoever produces any book, magazine, periodical, film, videotape, or other matter which— (1) contains one or more visual depictions made after November 1, 1990, of actual sexually explicit conduct; and (2) is produced in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce, or is shipped or transported or is intended for shipment or transportation in interstate or foreign commerce; shall create and maintain individually identifiable records pertaining to every performer portrayed in such a visual depiction. (b) Duty To ascertain certain information Any person to whom subsection (a) applies shall, with respect to every performer portrayed in a visual depiction of actual sexually explicit conduct— (1) ascertain, by examination of an identification document containing such information, the performer’s name and date of birth, and require the performer to provide such other indicia of his or her identity as may be prescribed by regulations; (2) ascertain any name, other than the performer’s present and correct name, ever used by the performer including maiden name, alias, nickname, stage, or professional name; and (3) record in the records required by subsection (a) the information required by paragraphs (1) and (2) of this subsection and such other identifying information as may be prescribed by regulation. (c) Where records maintained and availability for inspection Any person to whom subsection (a) applies shall maintain the records required by this section at his business premises, or at such other place as the Attorney General may by regulation prescribe and shall make such records available to the Attorney General for inspection at all reasonable times. (d) Exclusion of evidence (1) No information or evidence obtained from records required to be created or maintained by this section shall, except as provided in this section, directly or indirectly, be used as evidence against any person with respect to any violation of law. (2) Paragraph (1) of this subsection does not preclude the use of such information or evidence in a prosecution or other action for a violation of this subchapter or subchapter F of chapter 35, or for a violation of any applicable provision of law with respect to the furnishing of false information. (e) Statement (1) Any person to whom subsection (a) applies shall cause to be affixed to every copy of any matter described in paragraph (1) of subsection (a) of this section, in such manner and in such form as the Attorney General shall by regulations prescribe, a statement describing where the records required by this section with respect to all performers depicted in that copy of the matter may be located. (2) If the person to whom subsection (a) of this section applies is an organization the statement required by this subsection shall include the name, title, and business address of the individual employed by such organization responsible for maintaining the records required by this section. (f) Unlawful acts It shall be unlawful— (1) for any person to whom subsection (a) applies to fail to create or maintain the records as required by subsections (a) and (c) or by any regulation promulgated under this section; (2) for any person to whom subsection (a) applies knowingly to make any false entry in or knowingly to fail to make an appropriate entry in, any record required by subsection (b) of this section or any regulation promulgated under this section; (3) for any person to whom subsection (a) applies knowingly to fail to comply with subsection (e) or any regulation promulgated pursuant to that subsection; and (4) for any person knowingly to sell or otherwise transfer, or offer for sale or transfer, any book, magazine, periodical, film, video, or other matter, produce in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce or which is intended for shipment in interstate or foreign commerce, which— (A) contains one or more visual depictions made after November 1, 1990, of actual sexually explicit conduct; and (B) is produced in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce, or is shipped or transported or is intended for shipment or transportation in interstate or foreign commerce; which does not have affixed thereto, in a manner prescribed as set forth in subsection (e)(1), a statement describing where the records required by this section may be located, but such person shall have no duty to determine the accuracy of the contents of the statement or the records required to be kept. (g) Regulations The Attorney General shall issue appropriate regulations to carry out this section. (h) Definitions As used in this section— (1) the term actual sexually explicit conduct means actual but not simulated conduct as defined in clauses (i) through (v) of section 225(1)(A); (2) identification document has the meaning given that term in section 783; (3) the term produces means to produce, manufacture, or publish any book, magazine, periodical, film, video tape, computer generated image, digital image, or picture, or other similar matter and includes the duplication, reproduction, or reissuing of any such matter, but does not include mere distribution or any other activity which does not involve hiring, contracting for managing, or otherwise arranging for the participation of the performers depicted; and (4) the term performer includes any person portrayed in a visual depiction engaging in, or assisting another person to engage in, actual sexually explicit conduct. (i) Penalty for any violation of this section Whoever violates this section shall be imprisoned for not more than 5 years. Whoever violates this section after having been convicted of a violation punishable under this section shall be imprisoned for any period of years not more than 10 years but not less than 2 years. 227. Failure to report child abuse Whoever, while engaged in a professional capacity or activity described in subsection (b) of section 226 of the Victims of Child Abuse Act of 1990 on Federal land or in a federally operated (or contracted) facility, learns of facts that give reason to suspect that a child has suffered an incident of child abuse, as defined in subsection (c) of that section, and fails to make a timely report as required by subsection (a) of that section, shall be imprisoned not more than 1 year. D SEX OFFENDER REGISTRY 241. Failure to register. 241. Failure to register (a) In general Whoever— (1) is required to register under the Sex Offender Registration and Notification Act; (2) (A) is a sex offender as defined for the purposes of the Sex Offender Registration and Notification Act by reason of a conviction under Federal law (including the Uniform Code of Military Justice), the law of the District of Columbia, Indian tribal law, or the law of any territory or possession of the United States; or (B) travels in interstate or foreign commerce, or enters or leaves, or resides in, Indian country; and (3) knowingly fails to register or update a registration as required by the Sex Offender Registration and Notification Act; shall be imprisoned not more than 10 years. (b) Affirmative defense In a prosecution for a violation under subsection (a), it is an affirmative defense that— (1) uncontrollable circumstances prevented the individual from complying; (2) the individual did not contribute to the creation of such circumstances in reckless disregard of the requirement to comply; and (3) the individual complied as soon as such circumstances ceased to exist. (c) Crime of violence (1) In general An individual described in subsection (a) who commits a crime of violence under Federal law (including the Uniform Code of Military Justice), the law of the District of Columbia, Indian tribal law, or the law of any territory or possession of the United States shall be imprisoned for not less than 5 years and not more than 30 years. (2) Additional punishment The punishment provided in paragraph (1) shall be in addition and consecutive to the punishment provided for the violation described in subsection (a). E GENERAL PROVISIONS AND DEFINITIONS 255. Repeat offenders. 256. Civil remedy for personal injuries. 255. Repeat offenders (a) Maximum term of imprisonment The maximum term of imprisonment for a violation of subchapter A or B after a prior sex offense conviction shall be twice the term of imprisonment otherwise provided by this chapter, unless section 3559(e) applies. (b) Definitions In this section the term prior sex offense conviction means a conviction for an offense— (1) under subchapter A, B, or C of this chapter or section 1265; or (2) under State law consisting of conduct that would have been an offense under this chapter if the conduct had occurred within the special maritime and territorial jurisdiction of the United States. 256. Civil remedy for personal injuries (a) In general Any person who, while a minor, was a victim of a violation of section 201, 202, 203, 211, 212, 213, 221, 222, or 223 and who suffers personal injury as a result of such violation may sue in any appropriate United States District Court and shall recover the actual damages such person sustains and the cost of the suit, including a reasonable attorney’s fee. Any person as described in the preceding sentence shall be deemed to have sustained damages of no less than $150,000 in value. (b) Statute of limitations Any action commenced under this section shall be barred unless the complaint is filed within six years after the right of action first accrues or in the case of a person under a legal disability, not later than three years after the disability. 15 NATIONAL SECURITY AND RELATED CRIMES Subchapter A. Treason, sedition, and subversive activities B. Terrorism C. Military and navy D. Civil disorders and riots E. Espionage and censorship F. Immigration and nationality A TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES 261. Treason. 262. Misprision of treason. 263. Rebellion or insurrection. 264. Seditious conspiracy. 265. Advocating overthrow of Government. 261. Treason Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death or be imprisoned for any term of years not less than five, and shall be incapable of holding any office under the United States. 262. Misprision of treason Whoever, owing allegiance to the United States and having knowledge of the commission of any treason against them, conceals and does not, as soon as may be, disclose and make known the same to the President or to some judge of the United States, or to the governor or to some judge or justice of a particular State, is guilty of misprision of treason and shall be imprisoned not more than seven years. 263. Rebellion or insurrection Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be imprisoned not more than ten years and shall be incapable of holding any office under the United States. 264. Seditious conspiracy If two or more persons in any State, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be imprisoned not more than 20 years. 265. Advocating overthrow of Government (a) In general Whoever— (1) knowingly advocates, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the Government of the United States or the government of any State, or the government of any political subdivision therein, by force or violence, or by the assassination of any officer of any such government; (2) with intent to cause the overthrow or destruction of any such government, prints, publishes, edits, issues, circulates, sells, distributes, or publicly displays any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence; or (3) organizes or helps to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any such government by force or violence; or becomes or is a member of, or affiliates with, any such society, group, or assembly of persons, knowing the purposes thereof; shall be imprisoned not more than 20 years, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following the conviction. (b) Definition As used in this section, the term organize , with respect to any society, group, or assembly of persons, includes the recruiting of new members, the forming of new units, and the regrouping or expansion of existing clubs, classes, and other units of such society, group, or assembly of persons. B TERRORISM 271. Weapons of mass destruction, and explosives and other lethal devices. 272. Atomic weapons. 273. Acts of terrorism transcending national boundaries. 274. Financial transactions. 275. Missile systems designed to destroy aircraft. 276. Radiological dispersal devices. 277. Harboring or concealing terrorists. 278. Providing material support to terrorists. 279. Providing material support or resources to designated foreign terrorist organizations. 280. Prohibitions against the financing of terrorism. 281. Receiving military-type training from a foreign terrorist organization. 282. Civil remedies. 283. Definitions for subchapter. 271. Weapons of mass destruction, and explosives and other lethal devices (a) Offense Whoever, without lawful authority, uses, threatens, to use, a weapon of mass destruction or an explosive or other lethal device— (1) against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside of the United States; (2) against a national of the United States while such national is outside of the United States; (3) against any person or property within the United States, if the offense is in, or affects, interstate or foreign commerce; or (4) against any person or property outside of the United States, if the offender is a national of the United States; shall be imprisoned for any term of years or for life, and if death results, shall be punished by death or imprisoned for any term of years or for life. (b) Definitions As used in this section— (1) the term weapon of mass destruction means— (A) any destructive device as defined in section 581; (B) any weapon that is designed or intended to cause death or serious bodily injury through the release, dissemination, or impact of toxic or poisonous chemicals, or their precursors; (C) any weapon involving a biological agent, toxin, or vector (as those terms are in defined in section 627); (D) any weapon that is designed to release radiation or radioactivity at a level dangerous to human life; or (E) any lethal device or explosive; (2) the term property includes all real and personal property; (3) the term explosive has the meaning given in section 614(j) insofar that it is designed, or has the capability, to cause death, serious bodily injury, or substantial material damage; and (4) the term other lethal device means any weapon or device that is designed or has the capability to cause death, serious bodily injury, or substantial damage to property through the release, dissemination, or impact of toxic chemicals, biological agents, or toxins (as those terms are defined in section 627) or radiation or radioactive material. 272. Atomic weapons (a) Offense Whoever, except as provided in section 91 of the Atomic Energy Act of 1954 , in or affecting interstate or foreign commerce in the United States, or as made applicable by subsection (b) outside the United States, knowingly participates in the development of, manufactures, produces, transfers, acquires, receives, possesses, imports, exports, or uses, or possesses and threatens to use, any atomic weapon. Nothing in this section modifies section 31 a. or section 101 of the Atomic Energy Act of 1954 . (b) Federal nexus to conduct outside of the United States Conduct outside the United States is prohibited by subsection (a) if— (1) the offense is committed by a national of the United States; or (2) the offense is committed against a national of the United States. 273. Acts of terrorism transcending national boundaries (a) Prohibited acts (1) Offenses Whoever, involving conduct transcending national boundaries and as made applicable by subsection (b)— (A) kills, kidnaps, maims, commits an assault resulting in serious bodily injury, or assaults with a dangerous weapon any person within the United States; or (B) creates a substantial risk of serious bodily injury to any other person by destroying or damaging any structure, conveyance, or other real or personal property within the United States or by attempting or conspiring to destroy or damage any structure, conveyance, or other real or personal property within the United States; in violation of the laws of any State, or the United States, shall be punished as prescribed in subsection (c). (2) Treatment of threats Whoever threatens to commit an offense under paragraph (1) shall be punished under subsection (c). (b) Applicability (1) In general Subsection (a) applies if— (A) the mail or any facility of interstate or foreign commerce is used in furtherance of the offense; (B) the offense obstructs, delays, or affects interstate or foreign commerce, or would have so obstructed, delayed, or affected interstate or foreign commerce if the offense had been consummated; (C) the victim, or intended victim, is the United States Government, a member of the uniformed services, or any official, officer, employee, or agent of the legislative, executive, or judicial branches, or of any department or agency, of the United States; (D) the structure, conveyance, or other real or personal property is, in whole or in part, owned, possessed, or leased to the United States, or any department or agency of the United States; (E) the offense is committed in the territorial sea (including the airspace above and the seabed and subsoil below, and artificial islands and fixed structures erected thereon) of the United States; or (F) the offense is committed within the special maritime and territorial jurisdiction of the United States. (2) Co-conspirators and accessories after the fact Subsection (a) applies with respect to all principals and co-conspirators of an offense under this section, and accessories after the fact to any offense under this section, if at least one of the circumstances described in subparagraphs (A) through (F) of paragraph (1) is applicable to at least one offender. (c) Penalties (1) Generally Whoever violates this section shall be punished— (A) for a killing, or if death results to any person from any other conduct prohibited by this section, by death, or by imprisonment for any term of years or for life; (B) for kidnapping, by imprisonment for any term of years or for life; (C) for maiming, by imprisonment for not more than 35 years; (D) for assault with a dangerous weapon or assault resulting in serious bodily injury, by imprisonment for not more than 30 years; (E) for destroying or damaging any structure, conveyance, or other real or personal property, by imprisonment for not more than 25 years; (F) for attempting or conspiring to commit an offense, for any term of years up to the maximum punishment that would have applied had the offense been completed; and (G) for threatening to commit an offense under this section, by imprisonment for not more than 10 years. (2) Consecutive sentence Notwithstanding any other provision of law, the court shall not place on probation any person convicted of a violation of this section; nor shall the term of imprisonment imposed under this section run concurrently with any other term of imprisonment. (d) Proof requirements The following shall apply to prosecutions under this section: (1) Knowledge The prosecution is not required to prove knowledge by any defendant of a jurisdictional base alleged in the indictment. (2) State law In a prosecution under this section that is based upon the adoption of State law, only the elements of the offense under State law, and not any provisions pertaining to criminal procedure or evidence, are adopted. (e) Extraterritorial jurisdiction There is extraterritorial jurisdiction over any offense under this section. (f) Requests for military assistance The Attorney General may request the Secretary of Defense to provide assistance under section 382 of title 10 in support of Department of Justice activities relating to the enforcement of section 271 during an emergency situation involving a weapon of mass destruction. The authority to make such a request may be exercised by another official of the Department of Justice in accordance with section 382(f)(2) of title 10. (g) Definitions As used in this section— (1) the term conduct transcending national boundaries means conduct occurring outside of the United States in addition to the conduct occurring in the United States; (2) the term territorial sea of the United States means all waters extending seaward to 12 nautical miles from the baselines of the United States, determined in accordance with international law; and (3) the term Federal crime of terrorism means an offense that— (A) is calculated to influence or affect the conduct of government by intimidation or coercion, or to retaliate against government conduct; and (B) is a violation of— (i) section 1301 (relating to destruction of aircraft or aircraft facilities), 1305 (relating to violence at international airports), 571 (relating to arson within special maritime and territorial jurisdiction), 621 or 623 (relating to biological weapons), 624 (relating to variola virus), 631 (relating to chemical weapons), 102(2), (4), (6), (7), or (8) (relating to certain Federally punishable homicides), 121 (relating to kidnapping) if the victim is an individual whose killing is an offense under 102(6) or (7), 601 (relating to prohibited transactions involving nuclear materials), 612(m) or (n) (relating to plastic explosives), 614(f)(2) or (3) (relating to arson and bombing of Government property risking or causing death), 614(i) (relating to arson and bombing of property used in interstate commerce), 593(c) (relating to killing or attempted killing during an attack on a Federal facility with a dangerous weapon), 924(a) (relating to conspiracy to kill, kidnap, maim, or injure persons or damage property in a foreign country), 787(a)(1) or (a)(5)(A) (relating to fraud and related activity in connection with computers), 123 (relating to hostage taking), 1201 (relating to government property or contracts), 1202 (relating to destruction of communication lines, stations, or systems), 1203 (relating to injury to buildings or property within special maritime and territorial jurisdiction of the United States), 1205(a) (relating to destruction of an energy facility), 1331 (relating to terrorist attacks and other acts of violence against railroad carriers and against mass transportation systems on land, on water, or through the air), 1345 (relating to violence against maritime navigation), 271 (relating to weapons of mass destruction, and explosives and other lethal devices), 273 (relating to acts of terrorism transcending national boundaries), 275 (relating to missile systems designed to destroy aircraft), 276 (relating to radiological dispersal devices), 277 (relating to harboring terrorists), 278 (relating to providing material support to terrorists), 279 (relating to providing material support to terrorist organizations), 280 (relating to prohibitions against the financing of terrorism), 281 (relating to receiving military-type training from a foreign terrorist organization), or 1291 (relating to torture); (ii) section 92 (relating to prohibitions governing atomic weapons) or 236 (relating to sabotage of nuclear facilities or fuel) of the Atomic Energy Act of 1954 ; (iii) section 46502 (relating to aircraft piracy), the second sentence of section 46504 (relating to assault on a flight crew with a dangerous weapon), section 46505(b)(3) or (c) (relating to explosive or incendiary devices, or endangerment of human life by means of weapons, on aircraft), section 46506 if homicide or attempted homicide is involved (relating to application of certain criminal laws to acts on aircraft), or section 60123(b) (relating to destruction of interstate gas or hazardous liquid pipeline facility) of title 49; or (iv) section 1010A of the Controlled Substances Import and Export Act (relating to narco-terrorism). 274. Financial transactions (a) Offense Except as provided in regulations issued by the Secretary of the Treasury, in consultation with the Secretary of State, whoever, being a United States person, knowing or having reasonable cause to know that a country is designated under section 6(j) of the Export Administration Act of 1979 as a country supporting international terrorism, engages in a financial transaction with the government of that country, shall be imprisoned for not more than 10 years. (b) Definitions As used in this section— (1) the term financial transaction has the same meaning as in section 1451; and (2) the term United States person means any— (A) United States citizen or national; (B) permanent resident alien; (C) juridical person organized under the laws of the United States; or (D) any person in the United States. 275. Missile systems designed to destroy aircraft (a) Unlawful conduct (1) In general Except as provided in paragraph (3), it shall be unlawful for any person to knowingly produce, construct, otherwise acquire, transfer directly or indirectly, receive, possess, import, export, or use, or possess and threaten to use— (A) an explosive or incendiary rocket or missile that is guided by any system designed to enable the rocket or missile to— (i) seek or proceed toward energy radiated or reflected from an aircraft or toward an image locating an aircraft; or (ii) otherwise direct or guide the rocket or missile to an aircraft; (B) any device designed or intended to launch or guide a rocket or missile described in subparagraph (A); or (C) any part or combination of parts designed or redesigned for use in assembling or fabricating a rocket, missile, or device described in subparagraph (A) or (B). (2) Nonweapon Paragraph (1)(A) does not apply to any device that is neither designed nor redesigned for use as a weapon. (3) Excluded conduct This subsection does not apply with respect to— (A) conduct by or under the authority of the United States or any department or agency thereof or of a State or any department or agency thereof; or (B) conduct pursuant to the terms of a contract with the United States or any department or agency thereof or with a State or any department or agency thereof. (b) Jurisdiction Conduct prohibited by subsection (a) is within the jurisdiction of the United States if— (1) the offense occurs in or affects interstate or foreign commerce; (2) the offense occurs outside of the United States and is committed by a national of the United States; (3) the offense is committed against a national of the United States while the national is outside the United States; (4) the offense is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside the United States; or (5) an offender aids or abets any person over whom jurisdiction exists under this subsection in committing an offense under this section or conspires with any person over whom jurisdiction exists under this subsection to commit an offense under this section. (c) Criminal penalties (1) In general Whoever violates subsection (a) shall be sentenced to a term of imprisonment not less than 25 years or to imprisonment for life. (2) Other circumstances Whoever, in the course of a violation of subsection (a), uses or possesses and threatens to use, any item or items described in subsection (a), shall be imprisoned for not less than 30 years or imprisoned for life. (3) Special circumstances If the death of another results from a person’s violation of subsection (a), the person shall be punished by imprisonment for life. (d) Definition As used in this section, the term aircraft has the definition set forth in section 40102(a)(6) of title 49. 276. Radiological dispersal devices (a) Unlawful conduct (1) In general Except as provided in paragraph (2), it shall be unlawful for any person to knowingly produce, construct, otherwise acquire, transfer directly or indirectly, receive, possess, import, export, or use, or possess and threaten to use— (A) any weapon that is designed or intended to release radiation or radioactivity at a level dangerous to human life; or (B) any device or other object that is capable of and designed or intended to endanger human life through the release of radiation or radioactivity. (2) Exception This subsection does not apply with respect to— (A) conduct by or under the authority of the United States or any department or agency thereof; or (B) conduct pursuant to the terms of a contract with the United States or any department or agency thereof. (b) Jurisdiction Conduct prohibited by subsection (a) is within the jurisdiction of the United States if— (1) the offense occurs in or affects interstate or foreign commerce; (2) the offense occurs outside of the United States and is committed by a national of the United States; (3) the offense is committed against a national of the United States while the national is outside the United States; (4) the offense is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside the United States; or (5) an offender aids or abets any person over whom jurisdiction exists under this subsection in committing an offense under this section or conspires with any person over whom jurisdiction exists under this subsection to commit an offense under this section. (c) Criminal penalties (1) In general Whoever violates subsection (a) shall be sentenced to a term of imprisonment not less than 25 years or to imprisonment for life. (2) Other circumstances Whoever, in the course of a violation of subsection (a), uses or possesses and threatens to use, any item or items described in subsection (a), shall be imprisoned for not less than 30 years or imprisoned for life. (3) Special circumstances If the death of another results from a person’s violation of subsection (a), the person shall be punished by imprisonment for life. 277. Harboring or concealing terrorists (a) Offense Whoever harbors or conceals any person who he knows, or has reasonable grounds to believe, has committed, or is about to commit, an offense under section 1301 (relating to destruction of aircraft or aircraft facilities), section 621 (relating to biological weapons), section 631 (relating to chemical weapons), section 601 (relating to nuclear materials), paragraph (2) or (3) of section 614(f) (relating to arson and bombing of government property risking or causing injury or death), section 1205(a) (relating to the destruction of an energy facility), section 1345 (relating to violence against maritime navigation), section 271 (relating to weapons of mass destruction), or section 273 (relating to acts of terrorism transcending national boundaries) of this title, section 236(a) (relating to sabotage of nuclear facilities or fuel) of the Atomic Energy Act of 1954 , or section 46502 (relating to aircraft piracy) of title 49, shall imprisoned not more than ten years. (b) Venue A violation of this section may be prosecuted in any Federal judicial district in which the underlying offense was committed, or in any other Federal judicial district as provided by law. 278. Providing material support to terrorists (a) Offense Whoever provides material support or resources or conceals or disguises the nature, location, source, or ownership of material support or resources, knowing or intending that they are to be used in preparation for, or in carrying out, a violation of section 102(2), (4), (6), (7), or (8), 112 if the victim is an individual whose killing is an offense under section 102(6), (7), or (8), 121 if the victim is an individual whose killing is an offense under section 102(6) or (7), 123, 271, 273, 571, 593(c), 601, 612(m) or (n), 614(f) or (i), 621, 631, 924, 1201, 1202, 1203, 1205, 1281, 1291, 1297, 1301, 1305, 1331, or 1345 of this title, section 236 of the Atomic Energy Act of 1954, section 46502 or 60123(b) of title 49, or any offense listed in section 273(g)(3)(B) (except for sections 278 and 279) or in preparation for, or in carrying out, the concealment of an escape from the commission of any such violation shall be imprisoned not more than 15 years. A violation of this section may be prosecuted in any Federal judicial district in which the underlying offense was committed, or in any other Federal judicial district as provided by law, and, if the death of any person results, shall be imprisoned for any term of years or for life. (b) Definitions As used in this section— (1) the term material support or resources means any property, tangible or intangible, or service, including currency or monetary instruments or financial securities, financial services, lodging, training, expert advice or assistance, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel (1 or more individuals who may be or include oneself), and transportation, except medicine or religious materials; (2) the term training means instruction or teaching designed to impart a specific skill, as opposed to general knowledge; and (3) the term expert advice or assistance means advice or assistance derived from scientific, technical or other specialized knowledge. 279. Providing material support or resources to designated foreign terrorist organizations (a) Prohibited activities (1) Unlawful conduct Whoever knowingly provides material support or resources to a foreign terrorist organization shall be imprisoned not more than 15 years, or both, and if the death of any person results, shall be imprisoned for any term of years or for life. To violate this paragraph, a person must have knowledge that the organization is a designated terrorist organization (as defined in subsection (g)(6)), that the organization has engaged or engages in terrorist activity (as defined in section 212(a)(3)(B) of the Immigration and Nationality Act ), or that the organization has engaged or engages in terrorism (as defined in section 140(d)(2) of the Foreign Relations Authorization Act , Fiscal Years 1988 and 1989). (2) Financial institutions Except as authorized by the Secretary, any financial institution that becomes aware that it has possession of, or control over, any funds in which a foreign terrorist organization, or its agent, has an interest, shall— (A) retain possession of, or maintain control over, such funds; and (B) report to the Secretary the existence of such funds in accordance with regulations issued by the Secretary. (b) Civil penalty Any financial institution that knowingly fails to comply with subsection (a)(2) shall be subject to a civil penalty in an amount that is the greater of— (1) $50,000 per violation; or (2) twice the amount of which the financial institution was required under subsection (a)(2) to retain possession or control. (c) Injunction Whenever it appears to the Secretary or the Attorney General that any person is engaged in, or is about to engage in, any act that constitutes, or would constitute, a violation of this section, the Attorney General may initiate civil action in a district court of the United States to enjoin such violation. (d) Extraterritorial jurisdiction There is extraterritorial jurisdiction over an offense under this section. (e) Classified information in civil proceedings brought by the United States (1) Discovery of classified information by defendants (A) Request by United States In any civil proceeding under this section, upon request made ex parte and in writing by the United States, a court, upon a sufficient showing, may authorize the United States to— (i) redact specified items of classified information from documents to be introduced into evidence or made available to the defendant through discovery under the Federal Rules of Civil Procedure; (ii) substitute a summary of the information for such classified documents; or (iii) substitute a statement admitting relevant facts that the classified information would tend to prove. (B) Order granting request If the court enters an order granting a request under this paragraph, the entire text of the documents to which the request relates shall be sealed and preserved in the records of the court to be made available to the appellate court in the event of an appeal. (C) Denial of request If the court enters an order denying a request of the United States under this paragraph, the United States may take an immediate, interlocutory appeal in accordance with paragraph (5). For purposes of such an appeal, the entire text of the documents to which the request relates, together with any transcripts of arguments made ex parte to the court in connection therewith, shall be maintained under seal and delivered to the appellate court. (2) Introduction of classified information; precautions by court (A) Exhibits To prevent unnecessary or inadvertent disclosure of classified information in a civil proceeding brought by the United States under this section, the United States may petition the court ex parte to admit, in lieu of classified writings, recordings, or photographs, one or more of the following: (i) Copies of items from which classified information has been redacted. (ii) Stipulations admitting relevant facts that specific classified information would tend to prove. (iii) A declassified summary of the specific classified information. (B) Determination by court The court shall grant a request under this paragraph if the court finds that the redacted item, stipulation, or summary is sufficient to allow the defendant to prepare a defense. (3) Taking of trial testimony (A) Objection During the examination of a witness in any civil proceeding brought by the United States under this subsection, the United States may object to any question or line of inquiry that may require the witness to disclose classified information not previously found to be admissible. (B) Action by court In determining whether a response is admissible, the court shall take precautions to guard against the compromise of any classified information, including— (i) permitting the United States to provide the court, ex parte, with a proffer of the witness’s response to the question or line of inquiry; and (ii) requiring the defendant to provide the court with a proffer of the nature of the information that the defendant seeks to elicit. (C) Obligation of defendant In any civil proceeding under this section, it shall be the defendant’s obligation to establish the relevance and materiality of any classified information sought to be introduced. (4) Appeal If the court enters an order denying a request of the United States under this subsection, the United States may take an immediate interlocutory appeal in accordance with paragraph (5). (5) Interlocutory appeal (A) Subject of appeal An interlocutory appeal by the United States shall lie to a court of appeals from a decision or order of a district court— (i) authorizing the disclosure of classified information; (ii) imposing sanctions for nondisclosure of classified information; or (iii) refusing a protective order sought by the United States to prevent the disclosure of classified information. (B) Expedited consideration (i) In general An appeal taken pursuant to this paragraph, either before or during trial, shall be expedited by the court of appeals. (ii) Appeals prior to trial If an appeal is of an order made prior to trial, an appeal shall be taken not later than 14 days after the decision or order appealed from, and the trial shall not commence until the appeal is resolved. (iii) Appeals during trial If an appeal is taken during trial, the trial court shall adjourn the trial until the appeal is resolved, and the court of appeals— (I) shall hear argument on such appeal not later than 4 days after the adjournment of the trial, excluding intermediate weekends and holidays; (II) may dispense with written briefs other than the supporting materials previously submitted to the trial court; (III) shall render its decision not later than 4 days after argument on appeal, excluding intermediate weekends and holidays; and (IV) may dispense with the issuance of a written opinion in rendering its decision. (C) Effect of ruling An interlocutory appeal and decision does not affect the right of the defendant, in a subsequent appeal from a final judgment, to claim as error reversal by the trial court on remand of a ruling appealed from during trial. (6) Construction Nothing in this subsection shall prevent the United States from seeking protective orders or asserting privileges ordinarily available to the United States to protect against the disclosure of classified information, including the invocation of the military and State secrets privilege. (f) Definitions As used in this section— (1) the term classified information has the meaning given that term in section 1(a) of the Classified Information Procedures Act; (2) the term funds includes coin or currency of the United States or any other country, traveler’s checks, personal checks, bank checks, money orders, stocks, bonds, debentures, drafts, letters of credit, any other negotiable instrument, and any electronic representation of any of the foregoing; (3) the term material support or resources has the same meaning given that term in section 278 (including the definitions of training and expert advice or assistance in that section); (4) the term Secretary means the Secretary of the Treasury; and (5) the term terrorist organization means an organization designated as a terrorist organization under section 219 of the Immigration and Nationality Act . (g) Provision of Personnel No person may be prosecuted under this section in connection with the term personnel unless that person has knowingly provided a foreign terrorist organization with 1 or more individuals (who may be or include himself) to work under that terrorist organization’s direction or control or to organize, manage, supervise, or otherwise direct the operation of that organization. Individuals who act entirely independently of the foreign terrorist organization to advance its goals or objectives shall not be considered to be working under the foreign terrorist organization’s direction and control. (h) Rule of Construction Nothing in this section shall be construed or applied so as to abridge the exercise of rights guaranteed under the First Amendment to the Constitution of the United States. (i) Exception No person may be prosecuted under this section in connection with the term personnel , training , or expert advice or assistance if the provision of that material support or resources to a foreign terrorist organization was approved by the Secretary of State with the concurrence of the Attorney General. The Secretary of State may not approve the provision of any material support that may be used to carry out terrorist activity (as defined in section 212(a)(3)(B)(iii) of the Immigration and Nationality Act ). 280. Prohibitions against the financing of terrorism (a) Offenses (1) In general Whoever, in a circumstance described in subsection (b), by any means, directly or indirectly, unlawfully and knowingly provides or collects funds with the intention that such funds be used, or with the knowledge that such funds are to be used, in full or in part, in order to carry out— (A) an act which constitutes an offense within the scope of a treaty specified in subsection (e)(7), as implemented by the United States, or (B) any other act intended to cause death or serious bodily injury to a civilian, or to any other person not taking an active part in the hostilities in a situation of armed conflict, when the purpose of such act, by its nature or context, is to intimidate a population, or to compel a government or an international organization to do or to abstain from doing any act, shall be punished as prescribed in subsection (d)(1). (2) Relationship to predicate act For an act to constitute an offense set forth in this subsection, it shall not be necessary that the funds were actually used to carry out a predicate act. (b) Jurisdiction There is jurisdiction over the offenses in subsection (a) in the following circumstances— (1) the offense takes place in the United States and— (A) a perpetrator was a national of another state or a stateless person; (B) on board a vessel flying the flag of another state or an aircraft which is registered under the laws of another state at the time the offense is committed; (C) on board an aircraft which is operated by the government of another state; (D) a perpetrator is found outside the United States; (E) was directed toward or resulted in the carrying out of a predicate act against— (i) a national of another state; or (ii) another state or a government facility of such state, including its embassy or other diplomatic or consular premises of that state; (F) was directed toward or resulted in the carrying out of a predicate act committed in an attempt to compel another state or international organization to do or abstain from doing any act; or (G) was directed toward or resulted in the carrying out of a predicate act— (i) outside the United States; or (ii) within the United States, and either the offense or the predicate act was conducted in, or the results thereof affected, interstate or foreign commerce; (2) the offense takes place outside the United States and— (A) a perpetrator is a national of the United States or is a stateless person whose habitual residence is in the United States; (B) a perpetrator is found in the United States; or (C) was directed toward or resulted in the carrying out of a predicate act against— (i) any property that is owned, leased, or used by the United States or by any department or agency of the United States, including an embassy or other diplomatic or consular premises of the United States; (ii) any person or property within the United States; (iii) any national of the United States or the property of such national; or (iv) any property of any legal entity organized under the laws of the United States, including any of its States, districts, commonwealths, territories, or possessions; (3) the offense is committed on board a vessel flying the flag of the United States or an aircraft which is registered under the laws of the United States at the time the offense is committed; (4) the offense is committed on board an aircraft which is operated by the United States; or (5) the offense was directed toward or resulted in the carrying out of a predicate act committed in an attempt to compel the United States to do or abstain from doing any act. (c) Concealment Whoever— (1) (A) is in the United States; or (B) is outside the United States and is a national of the United States or a legal entity organized under the laws of the United States (including any of its States, districts, commonwealths, territories, or possessions); and (2) knowingly conceals or disguises the nature, location, source, ownership, or control of any material support or resources, or any funds or proceeds of such funds— (A) knowing or intending that the support or resources are to be provided, or knowing that the support or resources were provided, in violation of section 279; or (B) knowing or intending that any such funds are to be provided or collected, or knowing that the funds were provided or collected, in violation of subsection (a), shall be punished as prescribed in subsection (d)(2). (d) Penalties (1) Subsection (a) Whoever violates subsection (a) shall be imprisoned for not more than 20 years. (2) Subsection (c) Whoever violates subsection (c) shall be imprisoned for not more than 10 years. (e) Definitions In this section— (1) the term funds means assets of every kind, whether tangible or intangible, movable or immovable, however acquired, and legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in, such assets, including coin, currency, bank credits, travelers checks, bank checks, money orders, shares, securities, bonds, drafts, and letters of credit; (2) the term government facility means any permanent or temporary facility or conveyance that is used or occupied by representatives of a state, members of a government, the legislature, or the judiciary, or by officials or employees of a state or any other public authority or entity or by employees or officials of an intergovernmental organization in connection with their official duties; (3) the term proceeds means any funds derived from or obtained, directly or indirectly, through the commission of an offense set forth in subsection (a); (4) the term provides includes giving, donating, and transmitting; (5) the term collects includes raising and receiving; (6) the term predicate act means any act referred to in subparagraph (A) or (B) of subsection (a)(1); (7) the term treaty means— (A) the Convention for the Suppression of Unlawful Seizure of Aircraft, done at The Hague on December 16, 1970; (B) the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on September 23, 1971; (C) the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, adopted by the General Assembly of the United Nations on December 14, 1973; (D) the International Convention against the Taking of Hostages, adopted by the General Assembly of the United Nations on December 17, 1979; (E) the Convention on the Physical Protection of Nuclear Material, adopted at Vienna on March 3, 1980; (F) the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on February 24, 1988; (G) the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, done at Rome on March 10, 1988; (H) the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms located on the Continental Shelf, done at Rome on March 10, 1988; or (I) the International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on December 15, 1997; (8) the term intergovernmental organization includes international organizations; (9) the term international organization has the same meaning as in section 136; (10) the term armed conflict does not include internal disturbances and tensions, such as riots, isolated and sporadic acts of violence, and other acts of a similar nature; (11) the term material support or resources has the same meaning given that term in section 279(f)(3); and (12) the term state has the same meaning as that term has under international law, and includes all political subdivisions thereof. (f) Civil penalty In addition to any other criminal, civil, or administrative liability or penalty, any legal entity located within the United States or organized under the laws of the United States, including any of the laws of its States, districts, commonwealths, territories, or possessions, shall be liable to the United States for the sum of at least $10,000, if a person responsible for the management or control of that legal entity has, in that capacity, committed an offense set forth in subsection (a). 281. Receiving military-type training from a foreign terrorist organization (a) Offense Whoever, if a circumstance exists that is described in section 279(d), knowingly receives military-type training from or on behalf of any organization designated at the time of the training by the Secretary of State under section 219(a)(1) of the Immigration and Nationality Act as a foreign terrorist organization shall be imprisoned for ten years. To violate this subsection, a person must have knowledge that the organization is a designated terrorist organization (as defined in subsection (b)(3)), that the organization has engaged or engages in terrorist activity (as defined in section 212 of the Immigration and Nationality Act ), or that the organization has engaged or engages in terrorism (as defined in section 140(d)(2) of the Foreign Relations Authorization Act , Fiscal Years 1988 and 1989). (b) Definitions As used in this section— (1) the term military-type training includes training in means or methods that can cause death or serious bodily injury, destroy or damage property, or disrupt services to critical infrastructure, or training on the use, storage, production, or assembly of any explosive, firearm or other weapon, including any weapon of mass destruction (as defined in section 271(b)(1)); (2) the term critical infrastructure means systems and assets vital to national defense, national security, economic security, public health or safety including both regional and national infrastructure. Critical infrastructure may be publicly or privately owned; examples of critical infrastructure include gas and oil production, storage, or delivery systems, water supply systems, telecommunications networks, electrical power generation or delivery systems, financing and banking systems, emergency services (including medical, police, fire, and rescue services), and transportation systems and services (including highways, mass transit, airlines, and airports); and (3) the term foreign terrorist organization means an organization designated as a terrorist organization under section 219(a)(1) of the Immigration and Nationality Act . 282. Civil remedies (a) Action and jurisdiction Any national of the United States who suffers any loss by reason of an act of international terrorism, or the estate, survivors, or heirs of that national, may in a civil action in any appropriate district court of the United States recover threefold the damages sustained and the cost of the suit, including attorney’s fees. (b) Estoppel under United States law A final judgment or decree rendered in favor of the United States in any criminal proceeding under section 102, 111, 112, 121, or 123 of this title or section 46314, 46502, 46505, or 46506 of title 49 shall estop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding under this section. (c) Estoppel under foreign law A final judgment or decree rendered in favor of any foreign state in any criminal proceeding shall, to the extent that such judgment or decree may be accorded full faith and credit under the law of the United States, estop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding under this section. (d) General venue A civil action under this section may be instituted the United States district court for any district where any plaintiff resides or where any defendant resides or is served, or has an agent. Process in such a civil action may be served in any district where the defendant resides, is found, or has an agent. (e) Special maritime or territorial jurisdiction If the actions giving rise to the claim occurred within the special maritime and territorial jurisdiction of the United States, then a civil action under this section may be instituted in the United States district court for any district in which any plaintiff resides or the defendant resides, is served, or has an agent. (f) Service on witnesses A witness in a civil action brought under this section may be served in any other district where the defendant resides, is found, or has an agent. (g) Convenience of the forum The district court shall not dismiss any action brought under this section on the grounds of the inconvenience or inappropriateness of the forum chosen, unless— (1) the action may be maintained in a foreign court that has jurisdiction over the subject matter and over all the defendants; (2) that foreign court is significantly more convenient and appropriate; and (3) that foreign court offers a remedy which is substantially the same as the one available in the courts of the United States. (h) Statute of limitations (1) Subject to subsection (b), a civil action under this section shall not be maintained unless commenced within 10 years after the date the cause of action accrued. (2) The time of the absence of the defendant from the United States or from any jurisdiction in which the same or a similar action arising from the same facts may be maintained by the plaintiff, or of any concealment of the defendant’s whereabouts, shall not be included in the 10-year period set forth in paragraph (1). (i) Acts of war No action shall be maintained under this section for injury or loss by reason of an act of war. (j) Limitation on discovery If a party to an action under this section seeks to discover the investigative files of the Department of Justice, the Assistant Attorney General, Deputy Attorney General, or Attorney General may object on the ground that compliance will interfere with a criminal investigation or prosecution of the incident, or a national security operation related to the incident, which is the subject of the civil litigation. The court shall evaluate any such objections in camera and shall stay the discovery if the court finds that granting the discovery request will substantially interfere with a criminal investigation or prosecution of the incident or a national security operation related to the incident. The court shall consider the likelihood of criminal prosecution by the Government and other factors it deems to be appropriate. A stay of discovery under this subsection shall constitute a bar to the granting of a motion to dismiss under rules 12(b)(6) and 56 of the Federal Rules of Civil Procedure. If the court grants a stay of discovery under this subsection, it may stay the action in the interests of justice. (k) Stay of action for civil remedies (1) The Attorney General may intervene in any civil action brought under this section for the purpose of seeking a stay of the civil action. A stay shall be granted if the court finds that the continuation of the civil action will substantially interfere with a criminal prosecution which involves the same subject matter and in which an indictment has been returned, or interfere with national security operations related to the terrorist incident that is the subject of the civil action. A stay may be granted for up to 6 months. The Attorney General may petition the court for an extension of the stay for additional 6-month periods until the criminal prosecution is completed or dismissed. (2) In a proceeding under this subsection, the Attorney General may request that any order issued by the court for release to the parties and the public omit any reference to the basis on which the stay was sought. (l) Suits against governments No action shall be maintained under this section against— (1) the United States, an agency of the United States, or an officer or employee of the United States or any agency thereof acting within his or her official capacity or under color of legal authority; or (2) a foreign state, an agency of a foreign state, or an officer or employee of a foreign state or an agency thereof acting within his or her official capacity or under color of legal authority. (m) Exclusive jurisdiction The district courts of the United States shall have exclusive original jurisdiction over an action brought under this section. 283. Definitions for subchapter As used in this subchapter— (1) the term international terrorism means activities that— (A) involve violent acts or acts dangerous to human life that are a violation of the criminal laws of the United States or of any State, or that would be a criminal violation if committed within the jurisdiction of the United States or of any State; (B) appear to be intended— (i) to intimidate or coerce a civilian population; (ii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping; and (C) occur primarily outside the territorial jurisdiction of the United States, or transcend national boundaries in terms of the means by which they are accomplished, the persons they appear intended to intimidate or coerce, or the locale in which their perpetrators operate or seek asylum; (2) the term act of war means any act occurring in the course of— (A) declared war; (B) armed conflict, whether or not war has been declared, between two or more nations; or (C) armed conflict between military forces of any origin; and (3) the term domestic terrorism means activities that— (A) involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State; (B) appear to be intended— (i) to intimidate or coerce a civilian population; (ii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping; and (C) occur primarily within the territorial jurisdiction of the United States. C MILITARY AND NAVY 291. Entering military, naval, or Coast Guard property. 292. Use of army and Air Force as posse comitatus. 293. Disruptions of funerals of members or former members of the Armed Forces. 294. Demonstrations at cemeteries under the control of the national cemetery administration and at Arlington National Cemetery. 295. Prohibition on attacks on United States servicemen on account of service. 291. Entering military, naval, or Coast Guard property Whoever— (1) within the jurisdiction of the United States, goes upon any military, naval, or Coast Guard reservation, post, fort, arsenal, yard, station, or installation, for any purpose prohibited by law or lawful regulation; or (2) reenters or is found within any such reservation, post, fort, arsenal, yard, station, or installation, after having been removed therefrom or ordered not to reenter by any officer or person in command or charge thereof; shall be or imprisoned not more than six months. 292. Use of Army and Air Force as posse comitatus Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, knowingly uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be imprisoned not more than two years. 293. Disruptions of funerals of members or former members of the Armed Forces (a) Offense Whoever engages in disruptive activity at a covered funeral of a member or former member of the Armed services or at a covered residence shall be imprisoned not more than one year. (b) Civil Remedies (1) District courts The district courts of the United States shall have jurisdiction— (A) to prevent and restrain violations of this section; and (B) for the adjudication of any cliams for relief under this section. (2) Attorney general The Attorney General may institute proceedings under this section. (3) Claims Any person, including a surviving member of the deceased individual’s family, who suffers injury as a result of conduct that violates this section may— (A) sue therefor in any appropriate United States district court or in any court of competent jurisdiction; and (B) recover damages as provided in subsection (c) and the cost of the suit, including reasonable attorneys’ fees. (4) Estoppel A final judgment or decree rendered in favor of the United States in any criminal proceeding brought by the United States under this section shall estop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding brought by a person or by the United States. (c) Actual and statutory damages (1) In general In addition to any penalty imposed under subsection (a), a violator of this section is liable in an action under subsection (b) for actual or statutory damages as provided in this subsection. (2) Actions by private persons A person bringing an action under subsection (b)(3) may elect, at any time before final judgment is rendered, to recover the actual damages suffered by him or her as a result of the violation or, instead of actual damages, an award of statutory damages for each violation involved in the action. (3) Actions by Attorney General In any action under subsection (b)(2), the Attorney General is entitled to recover an award of statutory damages for each violation involved in the action notwithstanding any recovery under subsection (b)(3). (4) Statutory damages A court may award, as the court considers just, statutory damages in a sum of not less than $25,000 or more than $50,000 per violation. (d) Rebuttable presumption It shall be a rebuttable presumption that the violation was committed willfully for purposes of determining relief under this section if the violator, or a person acting in concert with the violator, did not have reasonable grounds to believe, either from the attention or publicity sought by the violator or other circumstance, that the conduct of such violator or person would not disturb or tend to disturb the peace or good order of such funeral, impede or tend to impede the access to or egress from such funeral, or disturb or tend to disturb the peace of any surviving member of the deceased individual's family who may be found on or near the residence, home, or domicile of the deceased individual's family on the date of the service or ceremony. (e) Definitions As used in this section— (1) the term disruptive activity means— (A) during the period beginning 120 minutes before and ending 120 minutes after such funeral, knowingly making noise or a diversion with intent to disturb the peace and good order of the funeral that— (i) is not part of the funeral; and (ii) takes place within the boundaries of the location of such funeral or takes place within 300 feet of the point of the intersection between the boundary of the location of such funeral and a road, pathway, or other route of ingress to or egress from the location of such funeral; (B) intentionally and without authorization, within 500 feet of the boundary of the location of such funeral, impeding access to or egress from the location of the funeral; or (C) knowingly making a noise or diversion with intent to disturb the peace of persons that takes place on or near the boundary of a covered residence. (2) the term covered funeral means a ceremony or memorial service held in connection with the burial or cremation of a member or former member of the Armed Forces, which is not located at a cemetery under the control of the National Cemetery Administration or part of Arlington National Cemetery; (3) the term covered residence means a residence, home, or domicile of any surviving member of the deceased individual’s family. (4) the term Armed Forces has the meaning given the term in section 101 of title 10; (5) the term boundary of the location , with respect to the place a covered funeral is held, means— (A) the property line of the place, if the place is cemetery, mortuary, or house of worship; and (B) the reasonable property line of any other location. (6) the term family has the meaning given such term in section 136. 294. Demonstrations at cemeteries under the control of the national cemetery administration and at Arlington National Cemetery Whoever violates section 2413 of title 38 shall be imprisoned for not more than one year. 295. Prohibition on attacks on United States servicemen on account of service (a) In general Whoever knowingly assaults or batters a United States serviceman or a family member of a United States serviceman, or who knowingly destroys or injures the property of such serviceman or family member, on account of the military service of that serviceman or status of that individual as a United States serviceman, or who attempts or conspires to do so, shall (1) in the case of a simple assault, or destruction or injury to property in which the damage or attempted damage to such property is not more than $500, be fined under this title in an amount not less than $500 nor more than $10,000 and imprisoned not more than 2 years; (2) in the case of destruction or injury to property in which the damage or attempted damage to such property is more than $500, be fined under this title in an amount not less than $1000 nor more than $100,000 and imprisoned not more than 5 years; and (3) in the case of a battery, or an assault resulting in bodily injury, be fined under this title in an amount not less than $2,500 and imprisoned not less than 6 months nor more than 10 years. (b) Exception This section does not apply to conduct by a person who is subject to the Uniform Code of Military Justice. (c) Definitions In this section (1) the term Armed Forces has the meaning given that term in section 101 of title 10; (2) the term family has the meaning given that term in section 136; and (3) the term United States serviceman — (A) means a member of the Armed Forces; and (B) includes a former member of the Armed Forces during the 5-year period beginning on the date of the discharge from the Armed Forces of that member of the Armed Forces. D CIVIL DISORDERS AND RIOTS 296. Civil disorders. 296. Civil disorders (a) Offense Whoever— (1) teaches or demonstrates to any other person the use, application, or making of any firearm or explosive or incendiary device, or technique capable of causing injury or death to persons, knowing or having reason to know or intending that the same will be unlawfully employed for use in, or in furtherance of, a civil disorder which is in or affects interstate or foreign commerce or the performance of any federally protected function; (2) transports or manufactures for transportation in or affecting interstate or foreign commerce any firearm or explosive or incendiary device, knowing or having reason to know or intending that the same will be used unlawfully in furtherance of a civil disorder; or (3) commits or attempts to commit any act to obstruct, impede, or interfere with any fireman or law enforcement officer lawfully engaged in the lawful performance of official duties incident to and during the commission of a civil disorder which is in or affects commerce or the conduct or performance of any federally protected function; shall be imprisoned not more than five years. (b) Law enforcement exclusion Nothing in this section makes unlawful any act of any law enforcement officer which is performed in the lawful performance of official duties. (c) Definitions The following definitions apply in this section: (1) The term civil disorder means any public disturbance involving acts of violence by assemblages of three or more persons, which causes an immediate danger of or results in damage or injury to the property or person of any other individual. (2) The term federally protected function means any function, operation, or action carried out, under the laws of the United States, by any department, agency, or instrumentality of the United States or by an officer or employee thereof; and such term includes the collection and distribution of the United States mails. (3) The term firearm means any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive; or the frame or receiver of any such weapon. (4) The term explosive or incendiary device means— (A) dynamite and all other forms of high explosives; (B) any explosive bomb, grenade, missile, or similar device; and (C) any incendiary bomb or grenade, fire bomb, or similar device, including any device which— (i) consists of or includes a breakable container including a flammable liquid or compound, and a wick composed of any material which, when ignited, is capable of igniting such flammable liquid or compound; and (ii) can be carried or thrown by one individual acting alone. (5) The term fireman means any member of a fire department (including a volunteer fire department) of any State, any political subdivision of a State. (6) The term law enforcement officer means any officer or employee of the United States, of any State or any political subdivision of a State while engaged in the enforcement or prosecution of any of the criminal laws of the United States or of that State or subdivision; and such term includes members of the National Guard (as defined in section 101 of title 10), members of the organized militia of a State (as defined in section 101 of title 10), and members of the Armed Forces of the United States, while engaged in suppressing acts of violence or restoring law and order during a civil disorder. E ESPIONAGE AND CENSORSHIP 301. General provisions for subchapter. 302. Gathering or transmitting defense information. 303. Losing defense information. 304. Disclosure of classified and other similarly protected information. 301. General provisions for subchapter (a) Definition In this subchapter, the term foreign power has the meaning given that term in section 101(a) of the Foreign Intelligence Surveillance Act of 1978. (b) Exclusion relating to lawful demands of Congress Nothing in this subchapter prohibits the furnishing, upon lawful demand, of information to any regularly constituted committee of the Senate or House of Representatives of the United States of America, or joint committee thereof. 302. Gathering or transmitting defense information Whoever, with intent or reason to believe that the information will be used to the injury of the United States, or to the advantage of any foreign power, knowingly— (1) obtains information connected with the national defense; or (2) provides information connected with the national defense to any person not entitled to receive it; shall be imprisoned for life or for any term of years, and if death results, shall be subject to the death penalty. 303. Losing defense information Whoever, having lawful possession or control of any information connected with the national defense— (1) recklessly permits that information to be lost, stolen, or destroyed; or (2) knowing that the information has been lost, or stolen, or destroyed, fails to make prompt report of that fact to an appropriate superior officer; shall be imprisoned not more than 10 years. 304. Disclosure of classified and other similarly protected information (a) Offense Whoever knowingly provides protected information to a person not entitled to receive it, or knowingly uses protected information to the injury of the United States, or to the advantage of any foreign power shall be imprisoned not more than 10 years. (b) Definitions In this section— (1) the term protected information means any classified information or any Restricted Data (as defined for the purposes of the Atomic Energy Act of 1954 ); (2) the term classified information means information which, at the time of a violation of this section, is, for reasons of national security, specifically designated by a United States Government authority for limited or restricted dissemination or distribution— (A) concerning the nature, preparation, or use of any code, cipher, or cryptographic system of the United States or any foreign power; (B) concerning the design, construction, use, maintenance, or repair of any device, apparatus, or appliance used or prepared or planned for use by the United States or any foreign power for cryptographic or communication intelligence purposes; (C) concerning the communication intelligence activities of the United States or any foreign power; or (D) obtained by the processes of communication intelligence from the communications of any foreign power, knowing the same to have been obtained by such processes; and (3) the terms code , cipher , and cryptographic system include any method of secret writing and any mechanical or electrical device or method used for the purpose of disguising or concealing the contents, significance, or meanings of communications. F IMMIGRATION AND NATIONALITY 311. False statement in application and use of passport. 312. Forgery or false use of passport. 313. Misuse of passport. 314. Fraud and misuse of visas, permits, and other documents. 315. Procurement of citizenship or naturalization unlawfully. 316. Sale of naturalization or citizenship papers. 317. Penalties related to removal. 318. Bringing in and harboring certain aliens. 319. Entry of alien at improper time or place; misrepresentation and concealment of facts. 320. Reentry of removed alien. 321. Aiding or assisting certain aliens to enter the United States. 322. Increased penalty for certain terrorism related offenses. 311. False statement in application and use of passport Whoever— (1) knowingly makes any false statement in an application for passport with intent to induce or secure the issuance of a passport under the authority of the United States, either for his own use or the use of another, contrary to the laws regulating the issuance of passports or the rules prescribed pursuant to such laws; or (2) knowingly uses or attempts to use, or furnishes to another for use any passport the issue of which was secured in any way by reason of any false statement; shall be imprisoned not more than 15 years. 312. Forgery or false use of passport Whoever— (1) falsely makes, forges, counterfeits, mutilates, or alters any passport or instrument purporting to be a passport, with intent that the same may be used; or (2) knowingly uses, or attempts to use, or furnishes to another for use any such false, forged, counterfeited, mutilated, or altered passport or instrument purporting to be a passport, or any passport validly issued which has become void by the occurrence of any condition therein prescribed invalidating the same; shall be imprisoned not more than 15 years. 313. Misuse of passport Whoever— (1) knowingly uses, or attempts to use, any passport issued or designed for the use of another; (2) knowingly uses or attempts to use any passport in violation of the conditions or restrictions therein contained, or of the rules prescribed pursuant to the laws regulating the issuance of passports; or (3) knowingly furnishes, disposes of, or delivers a passport to any person, for use by another than the person for whose use it was originally issued and designed; shall be imprisoned not more than 15 years. 314. Fraud and misuse of visas, permits, and other documents (a) Forgery and similar conduct Whoever— (1) knowingly forges, counterfeits, alters, or falsely makes any immigrant or nonimmigrant visa, permit, border crossing card, alien registration receipt card, or other document prescribed by statute or regulation for entry into or as evidence of authorized stay or employment in the United States, or utters, uses, attempts to use, possesses, obtains, accepts, or receives any such visa, permit, border crossing card, alien registration receipt card, or other document prescribed by statute or regulation for entry into or as evidence of authorized stay or employment in the United States, knowing it to be forged, counterfeited, altered, or falsely made, or to have been procured by means of any false claim or statement, or to have been otherwise procured by fraud or unlawfully obtained; (2) except under direction of the Attorney General or the Secretary of Homeland Security, or other proper officer, knowingly possesses any blank permit, or engraves, sells, brings into the United States, or has in his control or possession any plate in the likeness of a plate designed for the printing of permits, or makes any print, photograph, or impression in the likeness of any immigrant or nonimmigrant visa, permit or other document required for entry into the United States, or has in his possession a distinctive paper which has been adopted by the Attorney General or Secretary of Homeland Security for the printing of such visas, permits, or documents; (3) when applying for an immigrant or nonimmigrant visa, permit, or other document required for entry into the United States, or for admission to the United States personates another, or falsely appears in the name of a deceased individual, or evades or attempts to evade the immigration laws by appearing under an assumed or fictitious name without disclosing his true identity, or sells or otherwise disposes of, or offers to sell or otherwise dispose of, or utters, such visa, permit, or other document, to any person not authorized by law to receive such document; or (4) knowingly makes under oath, or as permitted under penalty of perjury under section 1746 of title 28, knowingly subscribes as true, any false statement with respect to a material fact in any application, affidavit, or other document required by the immigration laws or regulations prescribed thereunder, or knowingly presents any such application, affidavit, or other document which contains any such false statement or which fails to contain any reasonable basis in law or fact; shall be imprisoned not more than 15 years. (b) Use of forged of similar documents Whoever uses— (1) an identification document, knowing or having reason to know that the document was not issued lawfully for the use of the possessor; (2) an identification document knowing (or having reason to know) that the document is false; or (3) a false attestation, for the purpose of satisfying a requirement of section 274A(b) of the Immigration and Nationality Act, shall be imprisoned not more than 5 years. (c) Exclusion This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a subdivision of a State, or of an intelligence agency of the United States, or any activity authorized under chapter 224 of title 18. 315. Procurement of citizenship or naturalization unlawfully Whoever— (1) knowingly procures or attempts to procure, contrary to law, the naturalization of any person, or documentary or other evidence of naturalization or of citizenship; or (2) whether for himself or another person not entitled thereto, knowingly issues, procures or obtains or applies for or otherwise attempts to procure or obtain naturalization, or citizenship, or a declaration of intention to become a citizen, or a certificate of arrival or any certificate or evidence of nationalization or citizenship, documentary or otherwise, or duplicates or copies of any of the foregoing; shall be imprisoned not more than 15 years. 316. Sale of naturalization or citizenship papers Whoever unlawfully sells or disposes of a declaration of intention to become a citizen, certificate of naturalization, certificate of citizenship or copies or duplicates or other documentary evidence of naturalization or citizenship, shall be imprisoned 15 years. 317. Penalties related to removal (a) Penalty for failure To depart (1) In general Any alien against whom a final order of removal is outstanding by reason of being a member of any of the classes described in section 237(a) of the Immigration and Nationality Act , who— (A) knowingly fails or refuses to depart from the United States within a period of 90 days from the date of the final order of removal under administrative processes, or if judicial review is had, then from the date of the final order of the court, (B) knowingly fails or refuses to make timely application in good faith for travel or other documents necessary to the alien’s departure, (C) connives or conspires, or takes any other action, designed to prevent or hamper or with the purpose of preventing or hampering the alien’s departure pursuant to such, or (D) knowingly fails or refuses to present himself or herself for removal at the time and place required by the Attorney General pursuant to such order, shall be imprisoned not more than four years (or 10 years if the alien is a member of any of the classes described in paragraph (1)(E), (2), (3), or (4) of section 237(a) of the Immigration and Nationality Act). (2) Exception It is not a violation of paragraph (1) to take any proper steps for the purpose of securing cancellation of or exemption from such order of removal or for the purpose of securing the alien’s release from incarceration or custody. (3) Suspension The court may for good cause suspend the sentence of an alien under this subsection and order the alien’s release under such conditions as the court may prescribe. In determining whether good cause has been shown to justify releasing the alien, the court shall take into account such factors as— (A) the age, health, and period of detention of the alien; (B) the effect of the alien’s release upon the national security and public peace or safety; (C) the likelihood of the alien’s resuming or following a course of conduct which made or would make the alien deportable; (D) the character of the efforts made by such alien himself and by representatives of the country or countries to which the alien’s removal is directed to expedite the alien’s departure from the United States; (E) the reason for the inability of the Government of the United States to secure passports, other travel documents, or removal facilities from the country or countries to which the alien has been ordered removed; and (F) the eligibility of the alien for discretionary relief under the immigration laws. (b) Failure To comply with terms of release under supervision An alien who knowingly fails to comply with regulations or requirements issued pursuant to section 241(a)(3) of the Immigration and Nationality Act or knowingly give false information in response to an inquiry under such section shall be imprisoned for not more than one year. (c) Penalties relating to vessels and aircraft (1) Civil penalties (A) Failure to carry out certain orders If the Attorney General is satisfied that a person has violated subsection (d) or (e) of section 241 of the Immigration and Nationality Act , the person shall pay to the Commissioner the sum of $2,000 for each violation. (B) Failure to remove alien stowaways If the Attorney General is satisfied that a person has failed to remove an alien stowaway as required under section 241(d)(2) of the Immigration and Nationality Act , the person shall pay to the Commissioner the sum of $5,000 for each alien stowaway not removed. (C) No compromise The Attorney General may not compromise the amount of such penalty under this paragraph. (2) Clearing vessels and aircraft (A) Clearance before decision on liability A vessel or aircraft may be granted clearance before a decision on liability is made under paragraph (1) only if a bond approved by the Attorney General or an amount sufficient to pay the civil penalty is deposited with the Commissioner. (B) Prohibition on clearance while penalty unpaid A vessel or aircraft may not be granted clearance if a civil penalty imposed under paragraph (1) is not paid. (d) Discontinuing granting visas to nationals of country denying or delaying accepting alien On being notified by the Attorney General that the government of a foreign country denies or unreasonably delays accepting an alien who is a citizen, subject, national, or resident of that country after the Attorney General asks whether the government will accept the alien under this section, the Secretary of State shall order consular officers in that foreign country to discontinue granting immigrant visas or nonimmigrant visas, or both, to citizens, subjects, nationals, and residents of that country until the Attorney General notifies the Secretary that the country has accepted the alien. 318. Bringing in and harboring certain aliens (a) Criminal penalties (1) (A) Whoever— (i) knowing that a person is an alien, brings to or attempts to bring to the United States in any manner whatsoever such person at a place other than a designated port of entry or place other than as designated by the Commissioner, regardless of whether such alien has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such alien; (ii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law; (iii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation; (iv) encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law; or (v) engages in any conspiracy to commit any of the preceding acts; shall be punished as provided in subparagraph (B). (B) Whoever violates subparagraph (A) shall, for each alien in respect to whom such a violation occurs— (i) in the case of a violation of subparagraph (A)(i) or (v)(I) or in the case of a violation of subparagraph (A)(ii), (iii), or (iv) in which the offense was done for the purpose of commercial advantage or private financial gain, be imprisoned not more than 10 years; (ii) in the case of a violation of subparagraph (A) (ii), (iii), (iv), or (v)(II) be imprisoned not more than 5 years; (iii) in the case of a violation of subparagraph (A) (i), (ii), (iii), (iv), or (v) during and in relation to which the person causes serious bodily injury to, or places in jeopardy the life of, any person, be imprisoned not more than 20 years; and (iv) in the case of a violation of subparagraph (A) (i), (ii), (iii), (iv), or (v) resulting in the death of any person, be punished by death or imprisoned for any term of years or for life. (C) It is not a violation of clause (ii) or (iii) of subparagraph (A), or of clause (iv) of subparagraph (A) except where a person encourages or induces an alien to come to or enter the United States, for a religious denomination having a bona fide nonprofit, religious organization in the United States, or the agents or officers of such denomination or organization, to encourage, invite, call, allow, or enable an alien who is present in the United States to perform the vocation of a minister or missionary for the denomination or organization in the United States as a volunteer who is not compensated as an employee, notwithstanding the provision of room, board, travel, medical assistance, and other basic living expenses, provided the minister or missionary has been a member of the denomination for at least one year. (2) Whoever, knowing or in reckless disregard of the fact that an alien has not received prior official authorization to come to, enter, or reside in the United States, brings to or attempts to bring to the United States in any manner whatsoever, such alien, regardless of any official action which may later be taken with respect to such alien shall, for each alien in respect to whom a violation of this paragraph occurs— (A) be imprisoned not more than one year; or (B) in the case of— (i) an offense committed with the intent or with reason to believe that the alien unlawfully brought into the United States will commit an offense against the United States or any State punishable by imprisonment for more than 1 year, (ii) an offense done for the purpose of commercial advantage or private financial gain, or (iii) an offense in which the alien is not upon arrival immediately brought and presented to an appropriate immigration officer at a designated port of entry, be imprisoned not less than 5 nor more than 15 years. (3) (A) Whoever, during any 12-month period, knowingly hires for employment at least 10 individuals with actual knowledge that the individuals are aliens described in subparagraph (B) shall be imprisoned for not more than 5 years. (B) An alien described in this subparagraph is an alien who— (i) is an unauthorized alien (as defined in section 274A(h)(3) of the Immigration and Nationality Act), and (ii) has been brought into the United States in violation of this subsection. (4) In the case of a person who has brought aliens into the United States in violation of this subsection, the sentence otherwise provided for may be increased by up to 10 years if— (A) the offense was part of an ongoing commercial organization or enterprise; (B) aliens were transported in groups of 10 or more; and (C) (i) aliens were transported in a manner that endangered their lives; or (ii) the aliens presented a life-threatening health risk to people in the United States. (b) Authority To arrest No officer or person shall have authority to make any arrest for a violation of any provision of this section except officers and employees of the Service designated by the Attorney General, either individually or as a member of a class, and all other officers whose duty it is to enforce criminal laws. (c) Audiovisually preserved depositions Notwithstanding any provision of the Federal Rules of Evidence, the videotaped (or otherwise audiovisually preserved) deposition of a witness to a violation of subsection (a) who has been deported or otherwise expelled from the United States, or is otherwise unable to testify, may be admitted into evidence in an action brought for that violation if the witness was available for cross examination and the deposition otherwise complies with the Federal Rules of Evidence. (d) Outreach program The Secretary of Homeland Security, in consultation with the Attorney General and the Secretary of State, as appropriate, shall develop and implement an outreach program to educate the public in the United States and abroad about the penalties for bringing in and harboring aliens in violation of this section. 319. Entry of alien at improper time or place; misrepresentation and concealment of facts (a) Entry Any alien who— (1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers; (2) eludes examination or inspection by immigration officers; or (3) attempts to enter or obtains entry to the United States by a knowingly false or misleading representation or the knowingly concealment of a material fact; shall, for the first commission of any such offense, be imprisoned not more than 6 months, and, for a subsequent commission of any such offense, be imprisoned not more than 2 years. (b) Apprehension while entering Any alien who is apprehended while entering (or attempting to enter) the United States at a time or place other than as designated by immigration officers shall be subject to a civil penalty of— (1) at least $50 and not more than $250 for each such entry (or attempted entry); or (2) twice the amount specified in paragraph (1) in the case of an alien who has been previously subject to a civil penalty under this subsection. Civil penalties under this subsection are in addition to, and not in lieu of, any criminal or other civil penalties that may be imposed. (c) Marriage An individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years. (d) Commercial enterprise Whoever knowingly establishes a commercial enterprise for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years. 320. Reentry of removed alien (a) Offense Subject to subsection (b), any alien who— (1) has been denied admission, excluded, deported, or removed or has departed the United States while an order of exclusion, deportation, or removal is outstanding; and (2) thereafter enters, attempts to enter, or is at any time found in, the United States, unless (A) prior to his reembarkation at a place outside the United States or his application for admission from foreign contiguous territory, the Attorney General has expressly consented to such alien’s reapplying for admission; or (B) with respect to an alien previously denied admission and removed, unless such alien shall establish that he was not required to obtain such advance consent under this or any prior Act, shall be imprisoned not more than 2 years. (b) Increased penalty In the case of any alien violating subsection (a)— (1) whose removal was subsequent to a conviction for commission of three or more misdemeanors involving drugs, crimes against the person, or both, or a felony (other than an aggravated felony), such alien shall be imprisoned not more than 10 years; (2) whose removal was subsequent to a conviction for commission of an aggravated felony, such alien shall be imprisoned not more than 20 years; (3) who has been excluded from the United States pursuant to section 235(c) of the Immigration and Nationality Act because the alien was excludable under section 212(a)(3)(B) of such Act or who has been removed from the United States pursuant to title V of such Act, and who thereafter, without the permission of the Attorney General, enters the United States, or attempts to do so, shall be imprisoned for a period of 10 years, which sentence shall not run concurrently with any other sentence; or (4) who was removed from the United States pursuant to section 241(a)(4)(B) of such Act who thereafter, without the permission of the Attorney General, enters, attempts to enter, or is at any time found in, the United States (unless the Attorney General has expressly consented to such alien’s reentry) shall be imprisoned for not more than 10 years. For the purposes of this subsection, the term removal includes any agreement in which an alien stipulates to removal during (or not during) a criminal trial under either Federal or State law. (c) Reentry Any alien deported pursuant to section 242(h)(2) of the Immigration and Nationality Act who enters, attempts to enter, or is at any time found in, the United States (unless the Attorney General has expressly consented to such alien’s reentry) shall be incarcerated for the remainder of the sentence of imprisonment which was pending at the time of deportation without any reduction for parole or supervised release. Such alien shall be subject to such other penalties relating to the reentry of deported aliens as may be available under this section or any other provision of law. (d) Challenge of validity of order In a criminal proceeding under this section, an alien may not challenge the validity of the deportation order described in subsection (a)(1) or subsection (b) unless the alien demonstrates that— (1) the alien exhausted any administrative remedies that may have been available to seek relief against the order; (2) the deportation proceedings at which the order was issued improperly deprived the alien of the opportunity for judicial review; and (3) the entry of the order was fundamentally unfair. 321. Aiding or assisting certain aliens to enter the United States Whoever knowingly aids or assists any alien inadmissible under section 212(a)(2) of the Immigration and Nationality Act (insofar as an alien inadmissible under such section has been convicted of an aggravated felony) or section 212(a)(3) of such Act (other than subparagraph (E) thereof) to enter the United States, or who connives or conspires with any person or persons to allow, procure, or permit any such alien to enter the United States, shall be or imprisoned not more than 10 years. 322. Increased penalty for certain terrorism related offenses Whoever violates this subchapter shall, if the maximum imprisonment for the offense is less but for this section, be imprisoned not more than 25 years if the offense was committed to facilitate an act of international terrorism (as defined in section 283), and 20 years (if the offense was committed to facilitate a drug trafficking crime (as defined in section 592). 17 DRUG CRIMES 401. Definitions for chapter. 402. Basic offenses. 403. Basic punishment structure. 404. Offenses involving protected persons. 405. Enhancement for offenses involving protected places. 406. Maintaining drug-involved premises. 407. Distribution in or near schools. 408. Listed chemicals. 409. Domestic regulatory offenses. 410. Additional domestic regulatory offenses. 411. Penalty for simple possession. 412. Civil penalty for possession of small amounts of certain controlled substances. 413. Continuing criminal enterprise. 414. Drug paraphernalia. 415. Proceedings to establish prior convictions. 416. Anhydrous ammonia. 417. Controlled substances import and export listed chemical offenses. 418. Prohibited Acts related to foreign terrorist organizations or terrorist persons and groups. 419. Offenses involving the Internet. 401. Definitions for chapter As used in this chapter— (1) a term defined for the purposes of the Controlled Substances Act or the Controlled Substances Import and Export Act has the same meaning in this chapter; (2) the term large quantity of a major drug means— (A) 1 kilogram or more of a mixture or substance containing a detectable amount of heroin; (B) 5 kilograms or more of a mixture or substance containing a detectable amount of— (i) coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; (ii) cocaine, its salts, optical and geometric isomers, and salts of isomers; (iii) ecgonine, its derivatives, their salts, isomers, and salts of isomers; or (iv) any compound, mixture, or preparation which contains any quantity of any of the substances referred to in clauses (i) through (iii); (C) 280 grams or more of a mixture or substance described in subparagraph (B) which contains cocaine base; (D) 100 grams or more of phencyclidine (PCP) or 1 kilogram or more of a mixture or substance containing a detectable amount of phencyclidine (PCP); (E) 10 grams or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD); (F) 400 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N-[1–(2-phenylethyl)–4-piperidinyl] propanamide or 100 grams or more of a mixture or substance containing a detectable amount of any analogue of N-phenyl-N-[1–(2-phenylethyl)–4-piperidinyl] propanamide; (G) 1000 kilograms or more of a mixture or substance containing a detectable amount of marihuana, or 1,000 or more marihuana plants regardless of weight; or (H) 50 grams or more of methamphetamine, its salts, isomers, and salts of its isomers or 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers; (3) the term substantial quantity of a major drug means— (A) 100 grams or more of a mixture or substance containing a detectable amount of heroin; (B) 500 grams or more of a mixture or substance containing a detectable amount of— (i) coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; (ii) cocaine, its salts, optical and geometric isomers, and salts of isomers; (iii) ecgonine, its derivatives, their salts, isomers, and salts of isomers; or (iv) any compound, mixture, or preparation which contains any quantity of any of the substances referred to in clauses (i) through (iii); (C) 28 grams or more of a mixture or substance described in subparagraph (B) which contains cocaine base; (D) 10 grams or more of phencyclidine (PCP) or 100 grams or more of a mixture or substance containing a detectable amount of phencyclidine (PCP); (E) 1 gram or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD); (F) 40 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N-[1–(2-phenylethyl)–4-piperidinyl] propanamide or 10 grams or more of a mixture or substance containing a detectable amount of any analogue of N-phenyl-N-[1–(2-phenylethyl)–4-piperidinyl] propanamide; (G) 100 kilograms or more of a mixture or substance containing a detectable amount of marihuana, or 100 or more marihuana plants regardless of weight; or (H) 5 grams or more of methamphetamine, its salts, isomers, and salts of its isomers or 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers; (4) the term date rape drug means gamma hydroxybutyric acid (including when scheduled as an approved drug product for purposes of section 3(a)(1)(B) of the Hillory J. Farias and Samantha Reid Date-Rape Drug Prohibition Act of 2000), or 1 gram of flunitrazepam; (5) the term repeat offender means a person who is convicted under this chapter after a prior conviction for a felony drug offense; (6) the term career offender means a person who is convicted under this chapter after two or more prior convictions for a felony drug offense; (7) the term midlevel quantity of marijuana means less than 50 kilograms of marihuana, except in the case of 50 or more marihuana plants regardless of weight; and (8) the term larger quantity of hashish means less than ten kilograms of hashish or one kilogram of hashish oil. 402. Basic offenses Except as authorized by this chapter, the Controlled Substances Act , or the Controlled Substances Import and Export Act, whoever knowingly— (1) manufactures, distributes, or dispenses, or possesses with intent to manufacture, distribute, or dispense, a controlled substance; (2) creates, distributes, or dispenses, or possesses with intent to distribute or dispense, a counterfeit substance; (3) imports or exports a controlled substance in violation of section 1002, 1003, or 1007 of the Controlled Substances Import and Export Act; (4) brings or possesses on board a vessel, aircraft, or vehicle a controlled substance in violation of section 1005 of that Act; or (5) manufactures, possesses with intent to distribute, or distributes a controlled substance in violation of section 1009 of that Act; shall be punished as provided in this chapter. 403. Basic punishment structure (a) Large quantities of major drugs (1) Prison If the violation of section 402 involves a large quantity of a major drug, the offender shall be imprisoned not less than ten years, or for life. If the offender is a repeat offender or if death or serious bodily injury results to any person from the offense, the term shall not be less than 20 years. If the offender is a career offender, the term shall be life. (2) Fine An offender to whom paragraph (1) applies shall be fined not more than $10,000,000, and if the offender is a repeat offender, not more than $20,000,000. (3) Supervised release An offender to whom paragraph (1) applies shall be sentenced to supervised release for a period of at least 5 years, but if the offender is a repeat offender, for a period of 10 years. (b) Substantial quantities of major drugs (1) Prison If the violation of section 402 involves a substantial quantity of a major drug, the offender shall be imprisoned not less than five years nor more than 40 years, but if death or serious bodily injury results to any person from the offense, not less than 20 years, or for life. If the offender is a repeat offender, the term shall not be less than 10 years, or life, but if death or serious bodily injury results to any person from the offense, the term shall be life. (2) Fine An offender to whom paragraph (1) applies shall be fined not more than $5,000,000 if the offender is an individual or $25,000,000 if the offender is an organization. If the offender is a repeat offender, the fine shall be not more than $8,000,000 if the offender is an individual or $50,000,000 if the offender is an organization. (3) Supervised release An offender to whom paragraph (1) applies shall be sentenced to supervised release for a period of at least 4 years, but if the offender is a repeat offender, for a period of at least 8 years. (c) Lesser quantities of major drugs and any quantity of certain other substances (1) Prison If the violation of section 402 involves a controlled substance in schedule I or II, in a lesser quantity than those described in section 401(3) if such substance is listed therein, or a date rape drug, the offender shall be imprisoned not more than 20 years, but if death or serious bodily injury results to any person from the offense, not less than 20 years, or life. If the offender is a repeat offender, the term shall not be more than 30 years, but if death or serious bodily injury results to any person from the offense, the term shall not be less than 20 years, or life. (2) Fine An offender to whom paragraph (1) applies shall be fined not more than $1,000,000 if the offender is an individual or $5,000,000 if the offender is an organization. If the offender is a repeat offender, the fine shall be not more than $2,000,000 if the offender is an individual or $10,000,000 if the offender is an organization. (3) Supervised release An offender to whom paragraph (1) applies shall be sentenced to supervised release for a period of at least 3 years, but if the offender is a repeat offender, for a period of at least 6 years. (d) Midlevel quantities of marijuana and larger quantities of hashish (1) Prison If the violation of section 402 involves a midlevel quantity of marijuana or a larger quantity of hashish, the offender shall be imprisoned not more than five years, or if a repeat offender, not more than 10 years. (2) Fine An offender to whom paragraph (1) applies shall be fined not more than $250,000 if the offender is an individual or $1,000,000 if the offender is an organization. If the offender is a repeat offender, the fine shall be not more than $500,000 if the offender is an individual or $2,000,000 if the offender is an organization. (3) Supervised release An offender to whom paragraph (1) applies shall be sentenced to supervised release for a period of at least 2 years, but if the offender is a repeat offender, for a period of at least 4 years. (e) Schedule III substances (1) Prison If the violation of section 402 involves a schedule III substance for which a penalty is not imposed in a previous subsection, the offender shall be imprisoned not more than 10 years, but if death or serious bodily injury results to any person from the offense, not more than 15 years. If the offender is a repeat offender, the term shall not be more than 20 years, but if death or serious bodily injury results to any person from the offense, the term shall not be more than 30 years. (2) Fine An offender to whom paragraph (1) applies shall be fined not more than $500,000 if the offender is an individual or $2,500,000 if the offender is an organization. If the offender is a repeat offender, the fine shall be not more than $1,000,000 if the offender is an individual or $5,000,000 if the offender is an organization. (3) Supervised release An offender to whom paragraph (1) applies shall be sentenced to supervised release for a period of at least 2 years, but if the offender is a repeat offender, for a period of at least 4 years. (f) Schedule IV substances (1) Prison If the violation of section 402 involves a schedule IV substance, the offender shall be imprisoned not more than 5 years. If the offender is a repeat offender, the term shall be not more than 10 years.and sentenced to supervised release for at least one year. If the offender is a repeat offender, the offender shall be imprisoned not more than 10 years and sentenced to supervised release for at least two years. (2) Fine An offender to whom paragraph (1) applies shall be fined not more than $250,000 if the offender is an individual or $1,000,000 if the offender is an organization. If the offender is a repeat offender, the fine shall be not more than $500,000 if the offender is an individual or $2,000,000 if the offender is an organization. (3) Supervised release An offender to whom paragraph (1) applies shall be sentenced to supervised release for a period of at least one year, but if the offender is a repeat offender, for a period of at least 2 years. (g) Schedule V substances (1) Prison If the violation of section 402 involves a schedule V substance, the offender shall be imprisoned not more than one year. If the offender is a repeat offender, the term shall be not more than four years. (2) Fine An offender to whom paragraph (1) applies shall be fined not more than $100,000 if the offender is an individual or $250,000 if the offender is an organization. If the offender is a repeat offender, the fine shall be not more than $200,000 if the offender is an individual or $500,000 if the offender is an organization. 404. Offenses involving protected persons (a) Distribution with intent To commit a crime of violence (1) In general Whoever, with intent to commit a crime of violence (including an offense that would also be punishable under section 201 if the conduct occurred in the special maritime and territorial jurisdiction of the United States) against an individual, violates section 402 by distributing a controlled substance or controlled substance analogue to that individual without that individual’s knowledge, shall be imprisoned not more than 20 years. (2) Definition As used in this subsection, the term without that individual’s knowledge means that the individual is unaware that a substance with the ability to alter that individual’s ability to appraise conduct or to decline participation in or communicate unwillingness to participate in conduct is administered to the individual. (b) Endangering human life while illegally manufacturing controlled substance Whoever, while manufacturing a controlled substance in violation of this chapter or the Controlled Substances Act, or attempting or conspiring to do so, or transporting materials, including chemicals, to do so, knowingly creates a risk of harm to human life shall be imprisoned not more than ten years. (c) Distribution to minors (1) First offenses Except as provided in section 407 and in paragraph (2), any person at least 18 years of age who violates section 402 by distributing a controlled substance to a person under 21 years of age is subject to (A) twice the maximum punishment authorized by section 403, and (B) at least twice any term of supervised release authorized by section 403, for a first offense involving the same controlled substance and schedule. Except to the extent a greater minimum sentence is otherwise provided by section 403, a term of imprisonment under this subsection shall be not less than one year. The mandatory minimum sentencing provisions of this subsection do not apply to offenses involving 5 grams or less of marihuana. (2) Second and subsequent offenses Except as provided in section 407, if the offender under paragraph (1) has a prior conviction under paragraph (1) (or under section 303(b)(2) of the Federal Food, Drug, and Cosmetic Act as in effect prior to the effective date of section 701(b) of the Controlled Substances Act ) is subject to (A) three times the maximum punishment authorized by section 403, and (B) at least three times any term of supervised release authorized by section 403, for a second offense or subsequent offense involving the same controlled substance and schedule. Except to the extent a greater minimum sentence is otherwise provided by section 403, a term of imprisonment under this subsection shall be not less than one year. Penalties for third and subsequent convictions shall those provided by section 403(a) for offenses involving large quantities of major drugs under that section. (d) Adults using minors Whoever, being at least 21 years of age, knowingly— (1) employs, hires, uses, persuades, induces, entices, or coerces a minor to violate section 402; or (2) employs, hires, uses, persuades, induces, entices, or coerces a minor to assist in avoiding detection or apprehension, for any offense under section 402, by any Federal, State, or local law enforcement official, is punishable by a term of imprisonment, a fine, or both, up to triple those authorized by section 403. (e) Young adults using minors (1) Whoever, not being a minor, knowingly— (A) employs, hires, uses, persuades, induces, entices, or coerces, a minor to violate this chapter, the Controlled Substances Act, or the Controlled Substances Import and Export Act; (B) employs, hires, uses, persuades, induces, entices, or coerces, a minor to assist in avoiding detection or apprehension, for violation of this chapter, the Controlled Substances Act, or the Controlled Substances Import and Export Act, by any Federal, State, or local law enforcement official; or (C) receives a controlled substance from a minor, other than a family member, in violation of this chapter, the Controlled Substances Act, or the Controlled Substances Import and Export Act; shall be imprisoned for up to twice the maximum term otherwise authorized and sentenced to at least twice any term of supervised release otherwise authorized for a first offense. Except to the extent a greater minimum sentence is otherwise provided, a term of imprisonment under this subsection shall not be less than one year. (2) Whoever violates paragraph (1) after a prior conviction under paragraph (1) of this section, shall be imprisoned for up to three times the maximum term otherwise authorized and sentenced to at least three times any term of supervised release otherwise authorized for a first offense. Except to the extent a greater minimum sentence is otherwise provided, a term of imprisonment under this subsection shall not be less than one year. Penalties for third and subsequent convictions shall be those provided by section 403(a) for offenses involving large quantities of major drugs under that section. (f) Providing controlled substances to minor Whoever violates subsection (c) or (d)— (1) by knowingly providing or distributing a controlled substance or a controlled substance analogue to a minor; or (2) if the person employed, hired, or used is 14 years of age or younger; shall be subject to a term of imprisonment for not more than five years, in addition to any other punishment authorized by this chapter. (g) Pregnant persons Except as authorized by this chapter or the Controlled Substances Act, it shall be unlawful for any person to knowingly or intentionally provide or distribute any controlled substance to a pregnant individual in violation of any provision of this title. Whoever violates this subsection shall be subject to the same penalties as are provided for a violation of subsection (c). 405. Enhancement for offenses involving protected places (a) Cultivation on Federal property The maximum fine that may be imposed for a violation of section 402 by cultivating a controlled substance on Federal property shall be the greater of the amount otherwise provided in this chapter or— (1) $500,000 if the defendant is an individual; or (2) $1,000,000 if the defendant is an organization. (b) Use of hazardous substance on Federal land Whoever, in the course of a violation of section 402, knowingly uses a poison, chemical, or other hazardous substance on Federal land, and, by such use— (1) creates a serious hazard to humans, wildlife, or domestic animals, (2) degrades or harms the environment or natural resources, or (3) pollutes an aquifer, spring, stream, river, or body of water, shall be imprisoned not more than five years. (c) Boobytraps (1) Whoever knowingly assembles, maintains, or places a boobytrap on Federal property where a controlled substance is being manufactured, distributed, or dispensed shall be imprisoned not more than ten years. (2) If the offender has one or more prior convictions for an offense under this subsection, the offender shall be imprisoned not more than 20 years. (3) As used in this subsection, the term boobytrap means any concealed or camouflaged device designed to cause bodily injury when triggered by any action of any unsuspecting person making contact with the device. Such term includes guns, ammunition, or explosive devices attached to trip wires or other triggering mechanisms, sharpened stakes, and lines or wires with hooks attached. (d) Safety rest areas (1) Enhancement Whoever violates section 402 by distributing or possessing with intent to distribute a controlled substance in or on, or within 1,000 feet of, a truck stop or safety rest area is subject to— (A) in the case of a first offense under this subsection subject to— (i) twice the maximum punishment provided in section 403; and (ii) twice any term of supervised release authorized by section 403 for a first offense; and (B) in the case of an offense under this subsection after a prior conviction under this subsection— (i) three times the maximum punishment authorized by section 403; and (ii) three times any term of supervised release authorized by section 403 for a first offense. (2) Definitions As used in this subsection— (A) the term safety rest area means a roadside facility with parking facilities for the rest or other needs of motorists; and (B) the term truck stop means a facility (including any parking lot appurtenant thereto) that— (i) has the capacity to provide fuel or service, or both, to any commercial motor vehicle (as defined in section 31301 of title 49), operating in commerce (as defined in that section); and (ii) is located within 2,500 feet of the National System of Interstate and Defense Highways or the Federal-Aid Primary System. 406. Maintaining drug-involved premises (a) In general Except as authorized by this chapter or the Controlled Substances Act, it shall be unlawful to— (1) knowingly open, lease, rent, use, or maintain any place, whether permanently or temporarily, for the purpose of manufacturing, distributing, or using any controlled substance; or (2) manage or control any place, whether permanently or temporarily, either as an owner, lessee, agent, employee, occupant, or mortgagee, and knowingly and intentionally rent, lease, profit from, or make available for use, with or without compensation, the place for the purpose of unlawfully manufacturing, storing, distributing, or using a controlled substance. (b) Punishment Whoever violates subsection (a) of this section shall be sentenced to a term of imprisonment of not more than 20 years or a fine of not more than $500,000, or both, or a fine of $2,000,000 for an organization. (c) Restitution A violation of subsection (a) shall be considered an offense against property for purposes of section 3663A(c)(1)(A)(ii). (d) Civil penalty (1) Whoever violates subsection (a) shall be subject to a civil penalty of not more than the greater of— (A) $250,000; or (B) 2 times the gross receipts, either known or estimated, that were derived from each violation that is attributable to the person. (2) If a civil penalty is calculated under paragraph (1)(B), and there is more than 1 defendant, the court may apportion the penalty between multiple violators, but each violator shall be jointly and severally liable for the civil penalty under this subsection. 407. Distribution in or near schools (a) In general Whoever violates section 402 or 406 by distributing, possessing with intent to distribute, or manufacturing a controlled substance in or on, or within one thousand feet of, the real property comprising a public or private elementary, vocational, or secondary school or a public or private college, junior college, or university, or a playground, or housing facility owned by a public housing authority, or within 100 feet of a public or private youth center, public swimming pool, or video arcade facility, is (except as provided in subsection (b)) subject to— (1) twice the maximum punishment authorized by section 403; and (2) at least twice any term of supervised release authorized by section 403 for a first offense. A fine up to twice that authorized by section 403 may be imposed in addition to any term of imprisonment authorized by this subsection. Except to the extent a greater minimum sentence is otherwise provided by section 403, a person shall be sentenced under this subsection to a term of imprisonment of not less than one year. The mandatory minimum sentencing provisions of this paragraph do not apply to offenses involving 5 grams or less of marihuana. (b) Second or subsequent offenses Whoever violates subsection (a) after a prior conviction under subsection (a) is subject to punishment— (1) by the greater of— (A) a term of imprisonment not less than three years and not more than life imprisonment; or (B) three times the maximum punishment authorized by section 403 for a first offense; and (2) at least three times any term of supervised release authorized by section 403 for a first offense. A fine up to three times that authorized by section 403 may be imposed in addition to any term of imprisonment authorized by this subsection. Except to the extent a greater minimum sentence is otherwise provided by section 403, a person shall be sentenced under this subsection to a term of imprisonment of not less than three years. Penalties for third and subsequent convictions shall be governed by section 403. (c) Special rule for mandatory minimum sentences In the case of any mandatory minimum sentence imposed under subsection (b), imposition or execution of such sentence shall not be suspended and probation shall not be granted. An individual convicted under this section shall not be eligible for parole until the individual has served the mandatory minimum term of imprisonment as provided by this section. (d) Definitions As used in this section— (1) the term playground means any outdoor facility (including any parking lot appurtenant thereto) intended for recreation, open to the public, and with any portion thereof containing three or more separate apparatus intended for the recreation of children including, but not limited to, sliding boards, swingsets, and teeterboards; (2) the term youth center means any recreational facility or gymnasium (including any parking lot appurtenant thereto), intended primarily for use by persons under 18 years of age, which regularly provides athletic, civic, or cultural activities; (3) the term video arcade facility means any facility, legally accessible to minors, intended primarily for the use of pinball and video machines for amusement containing a minimum of ten machines that are either pinball or video machines; and (4) the term swimming pool includes any parking lot appurtenant thereto. 408. Listed chemicals (a) Offense Whoever knowingly— (1) possesses a listed chemical with intent to manufacture a controlled substance except as authorized by this chapter or the Controlled Substances Act ; (2) possesses or distributes, a listed chemical knowing, or having reasonable cause to believe, that the listed chemical will be used to manufacture a controlled substance except as authorized by this chapter or the Controlled Substances Act ; or (3) with the intent of causing the evasion of the recordkeeping or reporting requirements of section 310 of the Controlled Substances Act , or the regulations issued under that section, receives or distributes a reportable amount of any listed chemical in units small enough so that the making of records or filing of reports under that section is not required; shall be imprisoned not more than 20 years in the case of a violation of paragraph (1) or (2) involving a list I chemical or not more than 10 years in any other case. (b) Injunctions In addition to any other applicable penalty, any person convicted of a felony violation of this section relating to the receipt, distribution, manufacture, exportation, or importation of a listed chemical may be enjoined from engaging in any transaction involving a listed chemical for not more than ten years. (c) Additional offenses (1) Whoever knowingly distributes a listed chemical in violation of this chapter or the Controlled Substances Act (other than in violation of a recordkeeping or reporting requirement of section 310 of such Act) shall be imprisoned not more than 5 years. (2) Whoever knowingly possesses any listed chemical, with knowledge that the recordkeeping or reporting requirements of section 310 of such Act have not been adhered to, if, after such knowledge is acquired, such person does not take immediate steps to remedy the violation shall be imprisoned not more than one year. 409. Domestic regulatory offenses (a) Unlawful conduct generally It shall be unlawful for any person— (1) who is subject to the requirements of part C of the Controlled Substances Act to distribute or dispense a controlled substance in violation of section 309 of that Act; (2) who is a registrant to distribute or dispense a controlled substance not authorized by his registration to another registrant or other authorized person or to manufacture a controlled substance not authorized by his registration; (3) who is a registrant to distribute a controlled substance in violation of section 305 of the Controlled Substances Act ; (4) to remove, alter, or obliterate a symbol or label required by section 305 of the Controlled Substances Act ; (5) to refuse or negligently fail to make, keep, or furnish any record, report, notification, declaration, order or order form, statement, invoice, or information required under the Controlled Substances Act or the Controlled Substances Import and Export Act; (6) to refuse any entry into any premises or inspection authorized by the Controlled Substances Act or the Controlled Substances Import and Export Act; (7) to remove, break, injure, or deface a seal placed upon controlled substances pursuant to section 304(f) or 511 of the Controlled Substances Act or to remove or dispose of substances so placed under seal; (8) to use, to his own advantage, or to reveal, other than to duly authorized officers or employees of the United States, or to the courts when relevant in any judicial proceeding under this title or title III, any information acquired in the course of an inspection authorized by the Controlled Substances Act concerning any method or process which as a trade secret is entitled to protection, or to use to his own advantage or reveal (other than as authorized by section 310 of that Act) any information that is confidential under such section; (9) who is a regulated person to engage in a regulated transaction without obtaining the identification required by 310(a)(3) of the Controlled Substances Act ; (10) negligently to fail to keep a record, make a report, or self-certify as required under section 310 of the Controlled Substances Act; (11) to distribute a laboratory supply to a person who uses, or attempts to use, that laboratory supply to manufacture a controlled substance or a listed chemical, in violation of this chapter, the Controlled Substances Act, or the Controlled Substances Import and Export Act, with reckless disregard for the illegal uses to which such a laboratory supply will be put; (12) who is a regulated seller, or a distributor required to submit reports under subsection (b)(3) of section 310 of the Controlled Substances Act— (A) to sell at retail a scheduled listed chemical product in violation of paragraph (1) of subsection (d) of such section, knowing at the time of the transaction involved (independent of consulting the logbook under subsection (e)(1)(A)(iii) of such section) that the transaction is a violation; or (B) to knowingly or recklessly sell at retail such a product in violation of paragraph (2) of such subsection (d); (13) who is a regulated seller to knowingly or recklessly sell at retail a scheduled listed chemical product in violation of subsection (e) of section 310 of the Controlled Substances Act; (14) who is a regulated seller or an employee or agent of such seller to disclose, in violation of regulations under subparagraph (C) of section 310(e)(1) of the Controlled Substances Act, information in logbooks under subparagraph (A)(iii) of such section, or to refuse to provide such a logbook to Federal, State, or local law enforcement authorities; or (15) to distribute a scheduled listed chemical product to a regulated seller, or to a regulated person referred to in section 310(b)(3)(B) of the Controlled Substances Act, unless such regulated seller or regulated person is, at the time of such distribution, currently registered with the Drug Enforcement Administration, or on the list of persons referred to under section 310(e)(1)(B)(v) of that Act. For purposes of paragraph (15), if the distributor is temporarily unable to access the list of persons referred to under section 310(e)(1)(B)(v) of the Controlled Substances Act, the distributor may rely on a written, faxed, or electronic copy of a certificate of self-certification submitted by the regulated seller or regulated person, provided the distributor confirms within 7 business days of the distribution that such regulated seller or regulated person is on the list referred to under section 310(e)(1)(B)(v) of that Act. (b) Definition As used in paragraph (11) of subsection (a), the term laboratory supply means a listed chemical or any chemical, substance, or item on a special surveillance list published by the Attorney General, which contains chemicals, products, materials, or equipment used in the manufacture of controlled substances and listed chemicals. For purposes of that paragraph, there is a rebuttable presumption of reckless disregard at trial if the Attorney General notifies a firm in writing that a laboratory supply sold by the firm, or any other person or firm, has been used by a customer of the notified firm, or distributed further by that customer, for the unlawful production of controlled substances or listed chemicals a firm distributes and 2 weeks or more after the notification the notified firm distributes a laboratory supply to the customer. (c) Schedule I and II substances It shall be unlawful for any person who is a registrant to manufacture a controlled substance in schedule I or II which is— (1) not expressly authorized by the registration and by a quota assigned to that registrant pursuant to section 306 of the Controlled Substances Act ; or (2) in excess of a quota assigned to that registrant pursuant to section 306. (d) Civil penalty (1) (A) Except as provided in subparagraph (B) of this paragraph and paragraph (2), whoever violates this section shall, with respect to any such violation, be subject to a civil penalty of not more than $25,000. (B) In the case of a violation of paragraph (5) or (10) of subsection (a), the civil penalty shall not exceed $10,000. (2) (A) Whoever knowingly violates this section shall, except as otherwise provided in subparagraph (B), be imprisoned not more than one year. (B) If a violation referred to in subparagraph (A) was committed after one or more prior convictions of the offender for an offense punishable under this paragraph (2), or for a crime under any other provision of any law of the United States relating to controlled substances, narcotic drugs, marihuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term of imprisonment of not more than 2 years. (C) In addition to the penalties set forth elsewhere in this title, any business that violates paragraph (11) of subsection (a) shall, with respect to the first such violation, be subject to a civil penalty of not more than $250,000, but shall not be subject to criminal penalties under this section, and shall, for any succeeding violation, be subject to a civil fine of not more than $250,000 or double the last previously imposed penalty, whichever is greater. (3) Except under the conditions specified in paragraph (2) of this subsection, a violation of this section does not constitute a crime, and a judgment for the United States and imposition of a civil penalty pursuant to paragraph (1) shall not give rise to any disability or legal disadvantage based on conviction for a criminal offense. 410. Additional domestic regulatory offenses (a) Generally It shall be unlawful for any person knowingly— (1) as a registrant to distribute a controlled substance classified in schedule I or II, in the course of legitimate business, except pursuant to an order or an order form as required by section 308 of the Controlled Substances Act ; (2) to use in the course of the manufacture, distribution, or dispensing of a controlled substance, or to use for the purpose of acquiring or obtaining a controlled substance, a registration number which is fictitious, revoked, suspended, expired, or issued to another person; (3) to acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge; (4) (A) to furnish false or fraudulent material information in, or omit any material information from, any application, report, record, or other document required to be made, kept, or filed under this chapter, the Controlled Substances Act , or the Controlled Substances Import and Export Act; or (B) to present false or fraudulent identification where the person is receiving or purchasing a listed chemical and the person is required to present identification under section 310(a) of the Controlled Substances Act ; (5) to make, distribute, or possess any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render such drug a counterfeit substance; (6) to possess any three-neck round-bottom flask, tableting machine, encapsulating machine, or gelatin capsule, or any equipment, chemical, product, or material which may be used to manufacture a controlled substance or listed chemical, knowing, intending, or having reasonable cause to believe, that it will be used to manufacture a controlled substance or listed chemical in violation of this chapter, the Controlled Substances Act , or the Controlled Substances Import and Export Act; (7) to manufacture, distribute, export, or import any three-neck round-bottom flask, tableting machine, encapsulating machine, or gelatin capsule, or any equipment, chemical, product, or material which may be used to manufacture a controlled substance or listed chemical, knowing, intending, or having reasonable cause to believe, that it will be used to manufacture a controlled substance or listed chemical in violation of this chapter, the Controlled Substances Act , or the Controlled Substances Import and Export Act, or, in the case of an exportation, in violation of this chapter, the Controlled Substances Act , the Controlled Substances Import and Export Act, or of the laws of the country to which it is exported; (8) to create a chemical mixture for the purpose of evading a requirement of section 310 of the Controlled Substances Act or to receive a chemical mixture created for that purpose; or (9) to distribute, import, or export a list I chemical without the registration required by the Controlled Substances Act or the Controlled Substances Import and Export Act. (b) Use of communication facility (1) It shall be unlawful for any person knowingly or intentionally to use any communication facility in committing or in causing or facilitating the commission of any felony under this chapter, the Controlled Substances Act , or the Controlled Substances Import and Export Act. (2) Each separate use of a communication facility shall be a separate offense under this subsection. (3) As used in this subsection, the term communication facility means any and all public and private instrumentalities used or useful in the transmission of writing, signs, signals, pictures, or sounds of all kinds and includes mail, telephone, wire, radio, and all other means of communication. (c) Advertising (1) It shall be unlawful for any person to place in any newspaper, magazine, handbill, or other publications, any written advertisement knowing that it has the purpose of seeking or offering illegally to receive, buy, or distribute a schedule I controlled substance. (2) As used in this subsection the term advertisement includes such advertisements as those for a catalog of schedule I controlled substances and any similar written advertisement that has the purpose of seeking or offering illegally to receive, buy, or distribute a schedule I controlled substance. The term advertisement does not include material which merely advocates the use of a similar material, which advocates a position or practice, and does not attempt to propose or facilitate an actual transaction in a schedule I controlled substance. (d) Penalties (1) Except as provided in paragraph (2), whoever knowingly violates this section shall be imprisoned not more than 4 years; except that if any person commits such a violation after being convicted for a felony under any law of the United States relating to controlled substances, narcotic drugs, marihuana, or depressant or stimulant substances, such person shall be sentenced to a term of imprisonment of not more than 8 years. (2) Whoever, with the intent to manufacture or to facilitate the manufacture of methamphetamine, violates paragraph (6) or (7) of subsection (a), shall be imprisoned not more than 10 years; except that if any person commits such a violation after one or more prior convictions of that persons for a violation of any law of the United States or any State relating to controlled substances or listed chemicals, such person shall be imprisoned not more than 20 years. (e) Injunction relating to engaging in transactions In addition to any other applicable penalty, any person convicted of a felony violation of this section relating to the receipt, distribution, manufacture, exportation, or importation of a listed chemical may be enjoined from engaging in any transaction involving a listed chemical for not more than ten years. (f) Declaratory and other relief (1) In addition to any penalty provided in this section, the Attorney General is authorized to commence a civil action for appropriate declaratory or injunctive relief relating to a violation of this section, section 406, or section 409. (2) Any action under this subsection may be brought in the district court of the United States for the district in which the defendant is located or resides or is doing business. (3) Any order or judgment issued by the court pursuant to this subsection shall be tailored to restrain the violation. (4) The court shall proceed as soon as practicable to the hearing and determination of such an action. An action under this subsection is governed by the Federal Rules of Civil Procedure except that, if an indictment has been returned against the respondent, discovery is governed by the Federal Rules of Criminal Procedure. 411. Penalty for simple possession (a) Elements of offense It shall be unlawful for any person knowingly— (1) to possess a controlled substance unless such substance was obtained directly, or pursuant to a valid prescription or order, from a practitioner acting in the course of professional practice, or except as otherwise authorized by this chapter, the Controlled Substances Act, or the Controlled Substances Import and Export Act; or (2) to possess any list I chemical obtained pursuant to or under authority of a registration issued to that person under section 303 of the Controlled Substances Act or section 1008 of the Controlled Substances Import and Export Act, if that registration has been revoked or suspended, if that registration has expired, or if the registrant has ceased to do business in the manner contemplated by his registration. (b) Punishment (1) Generally Whoever violates subsection (a) shall be imprisoned not more than 1 year, except that if the offense is after a prior conviction of the offender under this chapter, the Controlled Substances Act , or the Controlled Substances Import and Export Act, or for any drug, narcotic, or chemical offense chargeable under the law of any State, the offender shall be imprisoned not less than 15 days nor more than 2 years and if the offense is after two or more such convictions, the offender shall be sentenced to a term of imprisonment for not less than 90 days but not more than 3 years. (2) Flunitrazepam Notwithstanding any penalty provided in this subsection, any person convicted under this subsection for the possession of flunitrazepam shall be imprisoned for not more than 3 years. The imposition or execution of a minimum sentence required to be imposed under this subsection shall not be suspended or deferred. (3) Costs Further, upon conviction, a person who violates this subsection shall be fined the reasonable costs of the investigation and prosecution of the offense, including the costs of prosecution of an offense as defined in sections 1918 and 1920 of title 28, except that this sentence does not apply and a fine under this section need not be imposed if the court determines the defendant lacks the ability to pay. (c) Definition As used in this section, the term drug, narcotic, or chemical offense means any offense which proscribes the possession, distribution, manufacture, cultivation, sale, transfer, or the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell or transfer any substance the possession of which is prohibited under this chapter or the Controlled Substances Act . 412. Civil penalty for possession of small amounts of certain controlled substances (a) In general An individual who knowingly possesses a controlled substance listed in section 401(2) in violation of section 411 in an amount that, as specified by regulation of the Attorney General, is a personal use amount shall be liable to the United States for a civil penalty in an amount not to exceed $10,000. (b) Income and net assets The income and net assets of an individual shall not be relevant to the determination whether to assess a civil penalty under this section or to prosecute the individual criminally. However, in determining the amount of a penalty under this section, the income and net assets of an individual shall be considered. (c) Prior conviction A civil penalty may not be assessed under this section if the individual previously was convicted of a Federal or State offense relating to a controlled substance. (d) Limitation on number of assessments A civil penalty may not be assessed on an individual under this section on more than two separate occasions. (e) Assessment A civil penalty under this section may be assessed by the Attorney General only by an order made on the record after opportunity for a hearing in accordance with section 554 of title 5. The Attorney General shall provide written notice to the individual who is the subject of the proposed order informing the individual of the opportunity to receive such a hearing with respect to the proposed order. The hearing may be held only if the individual makes a request for the hearing before the expiration of the 30-day period beginning on the date such notice is issued. (f) Compromise The Attorney General may compromise, modify, or remit, with or without conditions, any civil penalty imposed under this section. (g) Judicial review If the Attorney General issues an order pursuant to subsection (e) after a hearing described in such subsection, the individual who is the subject of the order may, before the expiration of the 30-day period beginning on the date the order is issued, bring a civil action in the appropriate district court of the United States. In such action, the law and the facts of the violation and the assessment of the civil penalty shall be determined de novo, and shall include the right of a trial by jury, the right to counsel, and the right to confront witnesses. The facts of the violation shall be proved beyond a reasonable doubt. (h) Civil action If an individual does not request a hearing pursuant to subsection (e) and the Attorney General issues an order pursuant to such subsection, or if an individual does not under subsection (g) seek judicial review of such an order, the Attorney General may commence a civil action in any appropriate district court of the United States for the purpose of recovering the amount assessed and an amount representing interest at a rate computed in accordance with section 1961 of title 28. Such interest shall accrue from the expiration of the 30-day period described in subsection (g). In such an action, the decision of the Attorney General to issue the order, and the amount of the penalty assessed by the Attorney General, shall not be subject to review. (i) Limitation The Attorney General may not under this section commence proceeding against an individual after the expiration of the 5-year period beginning on the date on which the individual allegedly violated subsection (a). (j) Expungement procedures The Attorney General shall dismiss the proceedings under this section against an individual upon application of such individual at any time after the expiration of 3 years if— (1) the individual has not previously been assessed a civil penalty under this section; (2) the individual has paid the assessment; (3) the individual has complied with any conditions imposed by the Attorney General; (4) the individual has not been convicted of a Federal or State offense relating to a controlled substance; and (5) the individual agrees to submit to a drug test, and such test shows the individual to be drug free. A nonpublic record of a disposition under this subsection shall be retained by the Department of Justice solely for the purpose of determining in any subsequent proceeding whether the person qualified for a civil penalty or expungement under this section. If a record is expunged under this subsection, an individual concerning whom such an expungement has been made shall not be held thereafter under any provision of law to be guilty of perjury, false swearing, or making a false statement by reason of his failure to recite or acknowledge a proceeding under this section or the results thereof in response to an inquiry made of him for any purpose. 413. Continuing criminal enterprise (a) Engaging in enterprise (1) Whoever engages in a continuing criminal enterprise shall be imprisoned for any term of years not less than 20, or for life. (2) If a person engages in such activity after a prior conviction of that person under this section, the offender shall be imprisoned any term of years not less than 30, or for life. (b) Aggravated offense Whoever engages in a continuing criminal enterprise shall be imprisoned for life under subsection (a), if— (1) such person is the principal administrator, organizer, or leader of the enterprise or is one of several such principal administrators, organizers, or leaders; and (2) (A) the violation referred to in subsection (c)(1) involved at least 300 times the quantity of a substance described in section 401(3); or (B) the enterprise, or any other enterprise in which the defendant was the principal or one of several principal administrators, organizers, or leaders, received $10 million dollars in gross receipts during any twelve-month period of its existence for the manufacture, importation, or distribution of a substance described in section 401(3). (c) Definition of continuing criminal enterprise For purposes of this section, a continuing criminal enterprise occurs when— (1) a person violates any provision of this chapter the punishment for which is a felony, and (2) such violation is a part of a continuing series of violations of this chapter— (A) which are undertaken by such person in concert with five or more other persons with respect to whom such person occupies a position of organizer, a supervisory position, or any other position of management, and (B) from which such person obtains substantial income or resources. (d) Special rule for sentencing In the case of any sentence imposed under this section, imposition or execution of such sentence shall not be suspended, probation shall not be granted, and the Act of July 15, 1932 (D.C. Code, secs. 24–203—24–207), does not apply. (e) Death penalty (1) In addition to the other penalties set forth in this section, whoever— (A) while engaging in or working in furtherance of a continuing criminal enterprise, or engaging in an offense punishable under section 403(a) intentionally kills or counsels, commands, induces, procures, or causes the intentional killing of an individual and such killing results; and (B) during the commission of, in furtherance of, or while attempting to avoid apprehension, prosecution or service of a prison sentence for, a felony violation of this chapter intentionally kills or counsels, commands, induces, procures, or causes the intentional killing of any Federal, State, or local law enforcement officer engaged in, or on account of, the performance of such officer’s official duties and such killing results; shall be imprisoned any term of year not less than 20, or for life, or may be sentenced to death. (2) As used in paragraph (1)(B), the term law enforcement officer means a public servant authorized by law to conduct or engage in the prevention, investigation, prosecution or adjudication of an offense, and includes those engaged in corrections, probation, or parole functions. 414. Drug paraphernalia (a) Offense Whoever— (1) sells or offers for sale drug paraphernalia; (2) uses a facility of interstate or foreign commerce to transport drug paraphernalia; or (3) imports or exports drug paraphernalia; shall be imprisoned not more than three years. (b) Definition The term drug paraphernalia means any equipment, product, or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance, possession of which is unlawful under this chapter or the Controlled Substances Act . It includes items primarily intended or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, hashish oil, PCP, methamphetamine, or amphetamines into the human body, such as— (1) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls; (2) water pipes; (3) carburetion tubes and devices; (4) smoking and carburetion masks; (5) roach clips: meaning objects used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand; (6) miniature spoons with level capacities of one-tenth cubic centimeter or less; (7) chamber pipes; (8) carburetor pipes; (9) electric pipes; (10) air-driven pipes; (11) chillums; (12) bongs; (13) ice pipes or chillers; (14) wired cigarette papers; or (15) cocaine freebase kits. (c) Factors which may be considered In determining whether an item constitutes drug paraphernalia, in addition to all other logically relevant factors, the following may be considered: (1) Instructions, oral or written, provided with the item concerning its use. (2) Descriptive materials accompanying the item which explain or depict its use. (3) National and local advertising concerning its use. (4) The manner in which the item is displayed for sale. (5) Whether the owner, or anyone in control of the item, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products. (6) Direct or circumstantial evidence of the radio of sales of the item to the total sales of the business enterprise. (7) The existence and scope of legitimate uses of the item in the community. (8) Expert testimony concerning its use. (d) Exclusions This section does not apply to— (1) any person authorized by local, State, or Federal law to manufacture, possess, or distribute such items; or (2) any item that, in the normal lawful course of business, is imported, exported, transported, or sold through the mail or by any other means, and traditionally intended for use with tobacco products, including any pipe, paper, or accessory. 415. Proceedings to establish prior convictions (a) Filing of information (1) No person who is convicted of an offense under this chapter shall be sentenced to increased punishment by reason of one or more prior convictions, unless before trial, or before entry of a plea of guilty, the United States attorney files an information with the court (and serves a copy of such information on the person or counsel for the person) stating in writing the previous convictions to be relied upon. Upon a showing by the United States attorney that facts regarding prior convictions could not with due diligence be obtained prior to trial or before entry of a plea of guilty, the court may postpone the trial or the taking of the plea of guilty for a reasonable period for the purpose of obtaining such facts. Clerical mistakes in the information may be amended at any time prior to the pronouncement of sentence. (2) An information may not be filed under this section if the increased punishment which may be imposed is imprisonment for a term in excess of three years unless the person either waived or was afforded prosecution by indictment for the offense for which such increased punishment may be imposed. (b) Affirmation or denial of previous conviction If the United States attorney files an information under this section, the court shall after conviction but before pronouncement of sentence inquire of the person with respect to whom the information was filed whether he affirms or denies that he has been previously convicted as alleged in the information, and shall inform him that any challenge to a prior conviction which is not made before sentence is imposed may not thereafter be raised to attack the sentence. (c) Denial, written response, and hearing (1) If the person denies any allegation of the information of prior conviction, or claims that any conviction alleged is invalid, he shall file a written response to the information. A copy of the response shall be served upon the United States attorney. The court shall hold a hearing to determine any issues raised by the response which would except the person from increased punishment. The failure of the United States attorney to include in the information the complete criminal record of the person or any facts in addition to the convictions to be relied upon shall not constitute grounds for invalidating the notice given in the information required by subsection (a)(1). The hearing shall be before the court without a jury and either party may introduce evidence. Except as otherwise provided in paragraph (2) of this subsection, the United States attorney shall have the burden of proof beyond a reasonable doubt on any issue of fact. At the request of either party, the court shall enter findings of fact and conclusions of law. (2) A person claiming that a conviction alleged in the information was obtained in violation of the Constitution of the United States shall set forth his claim, and the factual basis therefor, with particularity in his response to the information. The person shall have the burden of proof by a preponderance of the evidence on any issue of fact raised by the response. Any challenge to a prior conviction, not raised by response to the information before an increased sentence is imposed in reliance thereon, shall be waived unless good cause be shown for failure to make a timely challenge. (d) Imposition of sentence (1) If the person files no response to the information, or if the court determines, after hearing, that the person is subject to increased punishment by reason of prior convictions, the court shall proceed to impose sentence upon him as provided by this part. (2) If the court determines that the person has not been convicted as alleged in the information, that a conviction alleged in the information is invalid, or that the person is otherwise not subject to an increased sentence as a matter of law, the court shall, at the request of the United States attorney, postpone sentence to allow an appeal from that determination. If no such request is made, the court shall impose sentence as provided by this part. The person may appeal from an order postponing sentence as if sentence had been pronounced and a final judgment of conviction entered. (e) Challenges of validity of prior convictions No person who is convicted of an offense under this chapter may challenge the validity of any prior conviction alleged under this section which occurred more than five years before the date of the information alleging such prior conviction. 416. Anhydrous ammonia (a) In general It is unlawful for any person— (1) to steal anhydrous ammonia, or (2) to transport stolen anhydrous ammonia across State lines, knowing, intending, or having reasonable cause to believe that such anhydrous ammonia will be used to manufacture a controlled substance in violation of this part. (b) Punishment Whoever violates subsection (a) shall be imprisoned in accordance with section 410(d) as if such violation were a violation of a provision of section 410. 417. Controlled substances import and export listed chemical offenses Whoever knowingly— (1) imports or exports a listed chemical with intent to manufacture a controlled substance in violation of this chapter, the Controlled Substances Act, or the Controlled Substances Import and Export Act; (2) exports a listed chemical in violation of the laws of the country to which the chemical is exported or serves as a broker or trader for an international transaction involving a listed chemical, if the transaction is in violation of the laws of the country to which the chemical is exported; (3) imports or exports a listed chemical knowing, or having reasonable cause to believe, that the chemical will be used to manufacture a controlled substance in violation of this chapter, the Controlled Substances Act , or the Controlled Substances Import or Export Act; (4) exports a listed chemical, or serves as a broker or trader for an international transaction involving a listed chemical, knowing, or having reasonable cause to believe, that the chemical will be used to manufacture a controlled substance in violation of the laws of the country to which the chemical is exported; (5) imports or exports a listed chemical, with the intent to evade the reporting or recordkeeping requirements of section 1018 applicable to such importation or exportation by falsely representing to the Attorney General that the importation or exportation qualifies for a waiver of the 15-day notification requirement granted pursuant to section 1018(e) (2) or (3) of the Controlled Substances Import and Export Act by misrepresenting the actual country of final destination of the listed chemical or the actual listed chemical being imported or exported; (6) imports or exports a listed chemical in violation of section 1007 or 1018 of the Controlled Substances Import and Export Act; or (7) manufactures, possesses with intent to distribute, or distributes a listed chemical in violation of section 1009 of the Controlled Substances Import and Export Act; shall be imprisoned not more than 20 years in the case of a violation of paragraph (1) or (3) involving a list I chemical or not more than 10 years in the case of a violation of this subsection other than a violation of paragraph (1) or (3) involving a list I chemical, or both. 418. Prohibited Acts related to foreign terrorist organizations or terrorist persons and groups (a) Offense Whoever, as made applicable in subsection (b), engages in conduct that would be punishable under section 402(1) or 402(2) if committed within the jurisdiction of the United States, knowing or intending to provide, directly or indirectly, anything of pecuniary value to any person or organization that has engaged or engages in terrorist activity (as defined in section 212(a)(3)(B) of the Immigration and Nationality Act ) or terrorism (as defined in section 140(d)(2) of the Foreign Relations Authorization Act , Fiscal Years 1988 and 1989), shall be sentenced to a term of imprisonment of not less than twice the minimum punishment under section 403, and not more than life. Notwithstanding section 3583, any sentence imposed under this subsection shall include a term of supervised release of at least 5 years in addition to such term of imprisonment. (b) Applicability The conduct described in subsection (a) is an offense if— (1) the prohibited drug activity or the terrorist offense is in violation of the criminal laws of the United States; (2) the offense, the prohibited drug activity, or the terrorist offense occurs in or affects interstate or foreign commerce; (3) an offender provides anything of pecuniary value for a terrorist offense that causes or is designed to cause death or serious bodily injury to a national of the United States while that national is outside the United States, or substantial damage to the property of a legal entity organized under the laws of the United States (including any of its States, districts, commonwealths, territories, or possessions) while that property is outside of the United States; (4) the offense or the prohibited drug activity occurs in whole or in part outside of the United States (including on the high seas), and a perpetrator of the offense or the prohibited drug activity is a national of the United States or a legal entity organized under the laws of the United States (including any of its States, districts, commonwealths, territories, or possessions); or (5) after the conduct required for the offense occurs an offender is brought into or found in the United States, even if the conduct required for the offense occurs outside the United States. (c) Proof requirements To violate subsection (a), a person must have knowledge that the person or organization has engaged or engages in terrorist activity (as defined in section 212(a)(3)(B) of the Immigration and Nationality Act ) or terrorism (as defined in section 140(d)(2) of the Foreign Relations Authorization Act , Fiscal Years 1988 and 1989). (d) Definition As used in this section, the term anything of pecuniary value has the meaning given the term in section 506. 419. Offenses involving the Internet (a) Internet sales of date rape drugs (1) Whoever knowingly uses the Internet to distribute a date rape drug to any person, knowing or with reasonable cause to believe that— (A) the drug would be used in the commission of criminal sexual conduct; or (B) the person is not an authorized purchaser; shall be imprisoned not more than 20 years. (2) As used in this subsection: (A) The term date rape drug means— (i) gamma hydroxybutyric acid (GHB) or any controlled substance analogue of GHB, including gamma butyrolactone (GBL) or 1,4-butanediol; (ii) ketamine; (iii) flunitrazepam; or (iv) any substance which the Attorney General designates, pursuant to the rulemaking procedures prescribed by section 553 of title 5, to be used in committing rape or sexual assault. The Attorney General is authorized to remove any substance from the list of date rape drugs pursuant to the same rulemaking authority. (B) The term authorized purchaser means any of the following persons, provided such person has acquired the controlled substance in accordance with this chapter: (i) A person with a valid prescription that is issued for a legitimate medical purpose in the usual course of professional practice that is based upon a qualifying medical relationship by a practitioner registered by the Attorney General. A qualifying medical relationship means a medical relationship that exists when the practitioner has conducted at least 1 medical evaluation with the authorized purchaser in the physical presence of the practitioner, without regard to whether portions of the evaluation are conducted by other heath professionals. The preceding sentence shall not be construed to imply that 1 medical evaluation demonstrates that a prescription has been issued for a legitimate medical purpose within the usual course of professional practice. (ii) Any practitioner or other registrant who is otherwise authorized by their registration to dispense, procure, purchase, manufacture, transfer, distribute, import, or export the substance under this chapter. (iii) A person or entity providing documentation that establishes the name, address, and business of the person or entity and which provides a legitimate purpose for using any date rape drug for which a prescription is not required. (3) The Attorney General is authorized to promulgate regulations for record-keeping and reporting by persons handling 1,4-butanediol in order to implement and enforce the provisions of this section. Any record or report required by such regulations shall be considered a record or report required under this chapter. (b) Offenses involving dispensing of controlled substances by means of the Internet (1) In general It shall be unlawful for any person to knowingly or intentionally— (A) deliver, distribute, or dispense a controlled substance by means of the Internet, except as authorized by this subchapter; or (B) aid or abet any activity described in subparagraph (A) that is not authorized by this subchapter. (2) Examples Examples of activities that violate paragraph (1) include, but are not limited to, knowingly or intentionally— (A) delivering, distributing, or dispensing a controlled substance by means of the Internet by an online pharmacy that is not validly registered with a modification authorizing such activity as required by section 823(f) of the Controlled Substances Act (unless exempt from such registration); (B) writing a prescription for a controlled substance for the purpose of delivery, distribution, or dispensation by means of the Internet in violation of section 829(e) of the Controlled Substances Act; (C) serving as an agent, intermediary, or other entity that causes the Internet to be used to bring together a buyer and seller to engage in the dispensing of a controlled substance in a manner not authorized by section 823(f) or 829(e) of the Controlled Substances Act; (D) offering to fill a prescription for a controlled substance based solely on a consumer’s completion of an online medical questionnaire; and (E) making a material false, fictitious, or fraudulent statement or representation in a notification or declaration under subsection (d) or (e), respectively, of section 831 of the Controlled Substances Act. (3) Inapplicability (A) This subsection does not apply to— (i) the delivery, distribution, or dispensation of controlled substances by nonpractitioners to the extent authorized by their registration under this subchapter; (ii) the placement on the Internet of material that merely advocates the use of a controlled substance or includes pricing information without attempting to propose or facilitate an actual transaction involving a controlled substance; or (iii) except as provided in subparagraph (B), any activity that is limited to— (I) the provision of a telecommunications service, or of an Internet access service or Internet information location tool (as those terms are defined in section 231 of title 47); or (II) the transmission, storage, retrieval, hosting, formatting, or translation (or any combination thereof) of a communication, without selection or alteration of the content of the communication, except that deletion of a particular communication or material made by another person in a manner consistent with section 230(c) of title 47 does not constitute such selection or alteration of the content of the communication. (B) The exceptions under subclauses (I) and (II) of subparagraph (A)(iii) do not apply to a person acting in concert with a person who violates paragraph (1). (4) Knowing or intentional violation Any person who knowingly or intentionally violates this subsection shall be sentenced in accordance with section 403. 19 ORGANIZED CRIME Subchapter A. Racketeering B. Racketeer influenced and corrupt organizations C. Criminal street gangs A RACKETEERING 501. Interference with commerce by threats or violence. 502. Interstate and foreign travel or transportation in aid of racketeering enterprises. 503. Interstate transportation of wagering paraphernalia. 504. Offer, acceptance, or solicitation to influence operations of employee benefit plan. 505. Prohibition of illegal gambling businesses. 506. Use of interstate commerce facilities in the Commission of murder-for-hire. 507. Violent crimes in aid of racketeering activity. 508. Prohibition of unlicensed money transmitting businesses. 501. Interference with commerce by threats or violence (a) Offense Whoever affects interstate or foreign commerce, by robbery or extortion or commits or threatens physical violence to any person or property in furtherance of a plan or purpose to do anything in violation of this section shall be imprisoned not more than 20 years. (b) Definitions As used in this section— (1) The term robbery means the unlawful taking or obtaining of personal property from the person or presence of another, against his will, by means of actual or threatened force, or violence, or fear of injury, immediate or future, to his person or property, or property in his custody or possession, or the person or property of a relative or member of his family or of anyone in his company at the time of the taking or obtaining. (2) The term extortion means the obtaining of property from another, with his consent, induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right. (c) Exclusions This section does not repeal, modify, or affect section 6 or 20 of the Clayton Act , the Act of March 23, 1932 (47 Stat. 70) (commonly known as the Norris-LaGuardia Act), the Labor Management Relations Act, 1947, or the Railway Labor Act. 502. Interstate and foreign travel or transportation in aid of racketeering enterprises (a) Elements of offense Whoever travels in interstate or foreign commerce or uses the mail or any facility in interstate or foreign commerce, with intent to— (1) distribute the proceeds of any unlawful activity; (2) commit any crime of violence to further any unlawful activity; or (3) otherwise promote, manage, establish, carry on, or facilitate the promotion, management, establishment, or carrying on, of any unlawful activity; and thereafter performs or attempts to engage in the conduct so intended shall be punished as provided in subsections (b) and (c). (b) Punishment in general The punishment for an offense under subsection (a)— (1) with respect to conduct described in subparagraph (A) or (C) is imprisonment for not more than 5 years; or (2) with respect to conduct described in subparagraph (B) is imprisonment for not more than 20 years, but if death results the imprisonment shall be for any term of years or for life. (c) Punishment for certain offenses It the offense under this section involves an act described in paragraph (1) or (3) of subsection (a) and also involves a pre-retail medical product (as defined in section 657), the punishment for the offense shall be the same as the punishment provided for an offense under section 657, unless the penalties provided for under this section are greater. (d) Definitions As used in this section the term unlawful activity means— (1) any business enterprise involving gambling, liquor on which the Federal excise tax has not been paid, narcotics or controlled substances, or prostitution offenses in violation of the laws of the State in which they are committed or of the United States; (2) extortion, bribery, or arson in violation of the laws of the State in which committed or of the United States; or (3) any act which is indictable under subchapter II of chapter 53 of title 31, or under section 1451 or 1452. 503. Interstate transportation of wagering paraphernalia (a) Offense Whoever, except a common carrier in the usual course of its business, knowingly carries or sends in interstate or foreign commerce any device to be used— (1) bookmaking; (2) wagering pools with respect to a sporting event; or (3) in a numbers, policy, bolita, or similar game; shall be imprisoned for not more than five years. (b) Exclusion This section does not apply to— (1) parimutuel betting equipment, parimutuel tickets where legally acquired, or parimutuel materials used or designed for use at racetracks or other sporting events in connection with which betting is legal under applicable State law; (2) the transportation of betting materials to be used in the placing of bets or wagers on a sporting event into a State in which such betting is legal under the statutes of that State; (3) the carriage or transportation in interstate or foreign commerce of any newspaper or similar publication; (4) equipment, tickets, or materials used or designed for use within a State in a lottery conducted by that State acting under authority of State law; or (5) the transportation in foreign commerce to a destination in a foreign country of equipment, tickets, or materials designed to be used within that foreign country in a lottery which is authorized by the laws of that foreign country. (c) Effect on State prosecutions Nothing in this section creates immunity from criminal prosecution under any laws of a State. (d) Definitions As used in this section— (1) the term foreign country means any empire, country, dominion, colony, or protectorate, or any subdivision thereof (other than the United States, its territories or possessions); and (2) the term lottery means the pooling of proceeds derived from the sale of tickets or chances and allotting those proceeds or parts thereof by chance to one or more chance takers or ticket purchasers, but does not include the placing or accepting of bets or wagers on sporting events or contests. 504. Offer, acceptance, or solicitation to influence operations of employee benefit plan (a) Offense Whoever, being— (1) an administrator, officer, trustee, custodian, counsel, agent, or employee of any employee welfare benefit plan or employee pension benefit plan; (2) an officer, counsel, agent, or employee of an employer or an employer any of whose employees are covered by such plan; (3) an officer, counsel, agent, or employee of an employee organization any of whose members are covered by such plan; or (4) a person who, or an officer, counsel, agent, or employee of an organization which, provides benefit plan services to such plan; receives or agrees to receive or solicits anything of value because of or with intent to be influenced with respect to, any of the actions, decisions, or other duties relating to any question or matter concerning such plan or any person who directly or indirectly gives or offers, or promises to give or offer, anything prohibited by this section shall be imprisoned not more than three years. (b) Exclusion This section does not prohibit the payment to or acceptance by any person of bona fide salary, compensation, or other payments made for goods or facilities actually furnished or for services actually performed in the regular course of his duties as such person, administrator, officer, trustee, custodian, counsel, agent, or employee of such plan, employer, employee organization, or organization providing benefit plan services to such plan. (c) Definitions As used in this section— (1) the term any employee welfare benefit plan or employee pension benefit plan means any employee welfare benefit plan or employee pension benefit plan, respectively, subject to any provision of title I of the Employee Retirement Income Security Act of 1974 ; and (2) the term employee organization and administrator have the meanings given those terms, respectively, in sections 3(4) and (3)(16) of the Employee Retirement Income Security Act of 1974 . 505. Prohibition of illegal gambling businesses (a) Offense Whoever conducts, finances, manages, supervises, directs, or owns all or part of an illegal gambling business shall be imprisoned not more than five years. (b) Definitions As used in this section— (1) the term illegal gambling business means a gambling business which— (A) is a violation of the law of a State or political subdivision in which it is conducted; (B) involves five or more persons who conduct, finance, manage, supervise, direct, or own all or part of such business; and (C) has been or remains in substantially continuous operation for a period in excess of 30 days or has a gross revenue of $2,000 in any single day; (2) the term gambling includes pool-selling, bookmaking, maintaining slot machines, roulette wheels or dice tables, and conducting lotteries, policy, bolita or numbers games, or selling chances therein. (c) Establishment of probable cause If five or more persons conduct, finance, manage, supervise, direct, or own all or part of a gambling business and such business operates for two or more successive days, then, for the purpose of obtaining warrants for arrests, interceptions, and other searches and seizures, probable cause that the business receives gross revenue in excess of $2,000 in any single day shall be deemed to have been established. (d) Exclusion This section does not apply to any bingo game, lottery, or similar game of chance conducted by an organization exempt from tax under paragraph (3) of subsection (c) of section 501 of the Internal Revenue Code of 1986, as amended, if no part of the gross receipts derived from such activity inures to the benefits of any private shareholder, member, or employee of such organization except as compensation for actual expenses incurred by him in the conduct of such activity. 506. Use of interstate commerce facilities in the Commission of murder-for-hire (a) Offense Whoever travels in or causes another (including the intended victim) to travel in interstate or foreign commerce, or uses or causes another (including the intended victim) to use the mail or any facility of interstate or foreign commerce, with intent that a murder be committed in violation of the laws of any State or the United States as consideration for the receipt of, or as consideration for a promise or agreement to pay, anything of pecuniary value shall be imprisoned for not more than ten years; and if personal injury results, shall be imprisoned for not more than twenty years, and if death results, shall be punished by death or life imprisonment. (b) Definition As used in this section and section 507, the term anything of pecuniary value means anything of value in the form of money, a negotiable instrument, a commercial interest, or anything else the primary significance of which is economic advantage. 507. Violent crimes in aid of racketeering activity (a) Offense Whoever, as consideration for the receipt of, or as consideration for a promise or agreement to pay, anything of pecuniary value from an enterprise engaged in racketeering activity, or for the purpose of gaining entrance to or maintaining or increasing position in an enterprise engaged in racketeering activity, murders, kidnaps, maims, assaults with a dangerous weapon, commits assault resulting in serious bodily injury upon, or threatens to commit a crime of violence against any individual in violation of the laws of any State or the United States shall be punished— (1) for murder, by death or life imprisonment; and for kidnapping, by imprisonment for any term of years or for life; (2) for maiming, by imprisonment for not more than thirty years; (3) for assault with a dangerous weapon or assault resulting in serious bodily injury, by imprisonment for not more than twenty years; (4) for threatening to commit a crime of violence, by imprisonment for not more than five years; (5) for attempting or conspiring to commit murder or kidnapping, by imprisonment for not more than ten years; and (6) for attempting or conspiring to commit a crime involving maiming, assault with a dangerous weapon, or assault resulting in serious bodily injury, by imprisonment for not more than three years. (b) Definitions As used in this section— (1) the term racketeering activity has the meaning set forth in section 511; and (2) the term enterprise includes any partnership, corporation, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity, which is engaged in, or the activities of which affect, interstate or foreign commerce. 508. Prohibition of unlicensed money transmitting businesses (a) Offense Whoever knowingly conducts, controls, manages, supervises, directs, or owns all or part of an unlicensed money transmitting business, shall be imprisoned not more than 5 years. (b) Definition As used in this section— (1) the term unlicensed money transmitting business means a money transmitting business which affects interstate or foreign commerce in any manner or degree and— (A) is operated without an appropriate money transmitting license in a State where such operation is punishable as a misdemeanor or a felony under State law, whether or not the defendant knew that the operation was required to be licensed or that the operation was so punishable; (B) fails to comply with the money transmitting business registration requirements under section 5330 of title 31, or regulations prescribed under such section; or (C) otherwise involves the transportation or transmission of funds that are known to the defendant to have been derived from a criminal offense or are intended to be used to promote or support unlawful activity; and (2) the term money transmitting includes transferring funds on behalf of the public by any and all means including but not limited to transfers within this country or to locations abroad by wire, check, draft, facsimile, or courier. B RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS 511. Definitions. 512. Prohibited activities. 513. Criminal penalties. 514. Civil remedies. 515. Venue and process. 516. Expedition of actions. 517. Evidence. 518. Civil investigative demand. 511. Definitions As used in this subchapter— (1) the term racketeering activity means— (A) any act or threat involving murder, kidnapping, gambling, arson, robbery, bribery, extortion, dealing in obscene matter, or dealing in a controlled substance or listed chemical (as defined in section 102 of the Controlled Substances Act ), which is chargeable under State law and punishable by imprisonment for more than one year; (B) any act which is indictable under any of the following provisions of this title: Section 991 (relating to bribery), section 1007 (relating to sports bribery), sections 692, 693, and 694 (relating to counterfeiting), section 647 (relating to theft from interstate shipment) if the act indictable under section 647 is felonious, section 651 (relating to embezzlement from pension and welfare funds), sections 155, 156, and 157 (relating to extortionate credit transactions), section 783 (relating to fraud and related activity in connection with identification documents), section 786 (relating to fraud and related activity in connection with access devices), section 1381 (relating to the transmission of gambling information), section 801 (relating to mail fraud), section 803 (relating to wire fraud), section 804 (relating to financial institution fraud), section 315 (relating to the procurement of citizenship or nationalization unlawfully), section 316 (relating to the sale of naturalization or citizenship papers), 318 (relating to bringing in or harboring certain aliens), 321 (relating to aiding or assisting certain aliens to enter the United States), (if the violation of section 318 or 321 was committed for financial gain) sections 1441–1443 (relating to obscene matter), section 1132 (relating to obstruction of justice), section 1135 (relating to obstruction of criminal investigations), section 1136 (relating to the obstruction of State or local law enforcement), section 1137 (relating to tampering with a witness, victim, or an informant), section 1138 (relating to retaliating against a witness, victim, or an informant), section 311 (relating to false statement in application and use of passport), section 312 (relating to forgery or false use of passport), section 313 (relating to misuse of passport), section 314 (relating to fraud and misuse of visas, permits, and other documents), sections 1261–1266 (relating to peonage, slavery, and trafficking in persons), section 501 (relating to interference with commerce, robbery, or extortion), section 502 (relating to racketeering), section 503 (relating to interstate transportation of wagering paraphernalia), section 504 (relating to unlawful welfare fund payments), section 505 (relating to the prohibition of illegal gambling businesses), section 1451 (relating to the laundering of monetary instruments), section 1452 (relating to engaging in monetary transactions in property derived from specified unlawful activity), section 506 (relating to use of interstate commerce facilities in the commission of murder-for-hire), section 508 (relating to prohibition of unlicensed money transmitting businesses), sections 221, 222, and 223 (relating to sexual exploitation of children), sections 671 and 672 (relating to interstate transportation of stolen motor vehicles), sections 673 and 674 (relating to interstate transportation of stolen property), section 675 (relating to trafficking in counterfeit labels for phonorecords, computer programs or computer program documentation or packaging and copies of motion pictures or other audiovisual works), section 676 (relating to criminal infringement of a copyright), section 678 (relating to unauthorized fixation of and trafficking in sound recordings and music videos of live musical performances), section 680 (relating to trafficking in counterfeit goods or services), section 681 (relating to trafficking in certain motor vehicles or motor vehicle parts), sections 1411–1416 (relating to trafficking in contraband cigarettes), sections 211–213 (relating to white slave traffic), sections 621–627 (relating to biological weapons), sections 631–636 (relating to chemical weapons), section 601 (relating to nuclear materials); (C) any act which is indictable under section 186 (dealing with restrictions on payments and loans to labor organizations) or section 501(c) (relating to embezzlement from union funds) of title 29, United States Code; (D) any offense involving fraud connected with a case under title 11 (except a case under section 885), fraud in the sale of securities, or the felonious manufacture, importation, receiving, concealment, buying, selling, or otherwise dealing in a controlled substance or listed chemical (as defined in section 102 of the Controlled Substances Act ), punishable under any law of the United States; (E) any act which is indictable under the Currency and Foreign Transactions Reporting Act; (F) any act which is indictable under section 278 of the Immigration and Nationality Act , if the act indictable under such section of such Act was committed for the purpose of financial gain; or (G) any act that is indictable under any provision listed in section 273(g)(3)(B); (2) the term enterprise includes any individual, partnership, corporation, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity; (3) the term pattern of racketeering activity requires at least two acts of racketeering activity, one of which occurred after October 15, 1970 and the last of which occurred within ten years (excluding any period of imprisonment) after the commission of a prior act of racketeering activity; (4) the term unlawful debt means a debt— (A) incurred or contracted in gambling activity which was in violation of the law of the United States, a State or political subdivision thereof, or which is unenforceable under State or Federal law in whole or in part as to principal or interest because of the laws relating to usury; and (B) which was incurred in connection with the business of gambling in violation of the law of the United States, a State or political subdivision thereof, or the business of lending money or a thing of value at a rate usurious under State or Federal law, where the usurious rate is at least twice the enforceable rate; (5) the term racketeering investigator means any attorney or investigator so designated by the Attorney General and charged with the duty of enforcing or carrying into effect this chapter; (6) the term racketeering investigation means any inquiry conducted by any racketeering investigator for the purpose of ascertaining whether any person has been involved in any violation of this subchapter or of any final order, judgment, or decree of any court of the United States, duly entered in any case or proceeding arising under this subchapter; (7) the term documentary material includes any book, paper, document, record, recording, or other material; and (8) the term Attorney General includes the Attorney General of the United States, the Deputy Attorney General of the United States, the Associate Attorney General of the United States, any Assistant Attorney General of the United States, or any employee of the Department of Justice or any employee of any department or agency of the United States so designated by the Attorney General to carry out the powers conferred on the Attorney General by this chapter, and any department or agency so designated may use in investigations authorized by this subchapter either the investigative provisions of this subchapter or the investigative power of such department or agency otherwise conferred by law. 512. Prohibited activities (a) Using or investing proceeds It shall be unlawful for any person who has received any income derived, directly or indirectly, from a pattern of racketeering activity or through collection of an unlawful debt in which such person has participated as a principal within the meaning of section 2, to use or invest, directly or indirectly, any part of such income, or the proceeds of such income, in acquisition of any interest in, or the establishment or operation of, any enterprise which is engaged in, or the activities of which affect, interstate or foreign commerce. A purchase of securities on the open market for purposes of investment, and without the intention of controlling or participating in the control of the issuer, or of assisting another to do so, shall not be unlawful under this subsection if the securities of the issuer held by the purchaser, the members of his family, and his or their accomplices in any pattern or racketeering activity or the collection of an unlawful debt after such purchase do not amount in the aggregate to one percent of the outstanding securities of any one class, and do not confer, either in law or in fact, the power to elect one or more directors of the issuer. (b) Maintaining interest or control It shall be unlawful for any person through a pattern of racketeering activity or through collection of an unlawful debt to acquire or maintain, directly or indirectly, any interest in or control of any enterprise which is engaged in, or the activities of which affect, interstate or foreign commerce. (c) Conducting affairs It shall be unlawful for any person employed by or associated with any enterprise engaged in, or the activities of which affect, interstate or foreign commerce, to conduct or participate, directly or indirectly, in the conduct of such enterprise’s affairs through a pattern of racketeering activity or collection of unlawful debt. 513. Criminal penalties Whoever violates section 512 shall be imprisoned not more than 20 years (or for life if the violation is based on a racketeering activity for which the maximum penalty includes life imprisonment). 514. Civil remedies (a) Prevention and restraint of violations The district courts of the United States shall have jurisdiction to prevent and restrain violations of section 512 by issuing appropriate orders, including— (1) ordering any person to divest any interest in any enterprise; and (2) imposing reasonable restrictions on the future activities or investments of any person, including— (A) prohibiting that person from engaging in the same type of endeavor as the enterprise engaged in, the activities of which affect interstate or foreign commerce; or (B) ordering dissolution or reorganization of any enterprise, making due provision for the rights of innocent persons. (b) Preliminary matters The Attorney General may institute proceedings under this section. Pending final determination thereof, the court may at any time enter such restraining orders or prohibitions, or take such other actions, including the acceptance of satisfactory performance bonds, as it shall deem proper. (c) Private right of action Any person injured in his business or property by reason of a violation of section 512 may sue therefor in any appropriate United States district court and shall recover threefold the damages he sustains and the cost of the suit, including a reasonable attorney’s fee, except that no person may rely upon any conduct that would have been actionable as fraud in the purchase or sale of securities to establish a violation of section 512. The exception contained in the preceding sentence does not apply to an action against any person that is criminally convicted in connection with the fraud, in which case the statute of limitations shall start to run on the date on which the conviction becomes final. (d) Estoppel A final judgment or decree rendered in favor of the United States in any criminal proceeding brought by the United States under this chapter shall estop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding brought by the United States. 515. Venue and process (a) Venue Any civil action or proceeding under this subchapter may be instituted in the district court of the United States for any district in which such person resides, is found, has an agent, or transacts his affairs. (b) Summons In any action under section 514 in any district court of the United States in which it is shown that the ends of justice require that other parties residing in any other district be brought before the court, the court may cause such parties to be summoned, and process for that purpose may be served in any judicial district of the United States by the marshal thereof. (c) Subpoenas In any civil or criminal action or proceeding instituted by the United States under this subchapter in the district court of the United States for any judicial district, subpoenas issued by such court to compel the attendance of witnesses may be served in any other judicial district, except that in any civil action or proceeding no such subpoena shall be issued for service upon any individual who resides in another district at a place more than one hundred miles from the place at which such court is held without approval given by a judge of such court upon a showing of good cause. (d) Other process All other process in any action or proceeding under this subchapter may be served on any person in any judicial district in which such person resides, is found, has an agent, or transacts affairs. 516. Expedition of actions In any civil action instituted under this subchapter by the United States in any district court of the United States, the Attorney General may file with the clerk of such court a certificate stating that in the Attorney General’s opinion the case is of general public importance. A copy of that certificate shall be furnished immediately by such clerk to the chief judge or, in the absence of the chief judge, to the presiding district judge of the district in which such action is pending. Upon receipt of such copy, such judge shall designate immediately a judge of that district to hear and determine the action. 517. Evidence In any proceeding ancillary to or in any civil action instituted by the United States under this subchapter the proceedings may be open or closed to the public at the discretion of the court after consideration of the rights of affected persons. 518. Civil investigative demand (a) Issuance If the Attorney General has reason to believe that any person or enterprise may be in possession, custody, or control of any documentary materials relevant to a racketeering investigation, the Attorney General may, before the institution of a civil or criminal proceeding thereon, issue in writing, and cause to be served upon such person, a civil investigative demand requiring such person to produce such material for examination. (b) Contents Each such demand shall— (1) state the nature of the conduct constituting the alleged racketeering violation which is under investigation and the provision of law applicable thereto; (2) describe the class or classes of documentary material produced thereunder with such definiteness and certainty as to permit such material to be fairly identified; (3) state that the demand is returnable forthwith or prescribe a return date which will provide a reasonable period of time within which the material so demanded may be assembled and made available for inspection and copying or reproduction; and (4) identify the custodian to whom such material shall be made available. (c) Limitation No such demand shall— (1) contain any requirement which would be held to be unreasonable if contained in a subpoena duces tecum issued by a court of the United States in aid of a grand jury investigation of such alleged racketeering violation; or (2) require the production of any documentary evidence which would be privileged from disclosure if demanded by a subpoena duces tecum issued by a court of the United States in aid of a grand jury investigation of such alleged racketeering violation. (d) Service Service of any such demand or any petition filed under this section may be made upon a person by— (1) delivering a duly executed copy thereof to any partner, executive officer, managing agent, or general agent thereof, or to any agent thereof authorized by appointment or by law to receive service of process on behalf of such person, or upon any individual person; (2) delivering a duly executed copy thereof to the principal office or place of business of the person to be served; or (3) depositing such copy in the United States mail, by registered or certified mail duly addressed to such person at its principal office or place of business. (e) Return A verified return by the individual serving any such demand or petition setting forth the manner of such service shall be prima facie proof of such service. In the case of service by registered or certified mail, such return shall be accompanied by the return post office receipt of delivery of such demand. (f) Document custodian (1) The Attorney General shall designate a racketeering investigator to serve as racketeer document custodian, and such additional racketeering investigators as the Attorney General shall determine from time to time to be necessary to serve as deputies to such officer. (2) Any person upon whom any demand issued under this section has been duly served shall make such material available for inspection and copying or reproduction to the custodian designated therein at the principal place of business of such person, or at such other place as such custodian and such person thereafter may agree and prescribe in writing or as the court may direct, pursuant to this section on the return date specified in such demand, or on such later date as such custodian may prescribe in writing. Such person may upon written agreement between such person and the custodian substitute for copies of all or any part of such material originals thereof. (3) The custodian to whom any documentary material is so delivered shall take physical possession thereof, and shall be responsible for the use made thereof and for the return thereof pursuant to this chapter. The custodian may cause the preparation of such copies of such documentary material as may be required for official use under regulations which shall be promulgated by the Attorney General. While in the possession of the custodian, no material so produced shall be available for examination, without the consent of the person who produced such material, by any individual other than the Attorney General. Under such reasonable terms and conditions as the Attorney General shall prescribe, documentary material while in the possession of the custodian shall be available for examination by the person who produced such material or any duly authorized representatives of such person. (4) Whenever any attorney has been designated to appear on behalf of the United States before any court or grand jury in any case or proceeding involving any alleged violation of this chapter, the custodian may deliver to such attorney such documentary material in the possession of the custodian as such attorney determines to be required for use in the presentation of such case or proceeding on behalf of the United States. Upon the conclusion of any such case or proceeding, such attorney shall return to the custodian any documentary material so withdrawn which has not passed into the control of such court or grand jury through the introduction thereof into the record of such case or proceeding. (5) Upon the completion of— (A) the racketeering investigation for which any documentary material was produced under this subchapter, and (B) any case or proceeding arising from such investigation, the custodian shall return to the person who produced such material all such material other than copies thereof made by the Attorney General pursuant to this subsection which has not passed into the control of any court or grand jury through the introduction thereof into the record of such case or proceeding. (6) When any documentary material has been produced by any person under this section for use in any racketeering investigation, and no such case or proceeding arising therefrom has been instituted within a reasonable time after completion of the examination and analysis of all evidence assembled in the course of such investigation, such person shall be entitled, upon written demand made upon the Attorney General, to the return of all documentary material other than copies thereof made pursuant to this subsection so produced by such person. (7) In the event of the death, disability, or separation from service of the custodian of any documentary material produced under any demand issued under this section or the official relief of such custodian from responsibility for the custody and control of such material, the Attorney General shall promptly— (A) designate another racketeering investigator to serve as custodian thereof, and (B) transmit notice in writing to the person who produced such material as to the identity and address of the successor so designated. Any successor so designated shall have with regard to such materials all duties and responsibilities imposed by this section upon the predecessor custodian with regard thereto, except that the successor shall not be held responsible for any default or dereliction which occurred before the successor’s designation as custodian. (g) Enforcement petition Whenever any person fails to comply with any civil investigative demand duly served upon him under this section or whenever satisfactory copying or reproduction of any such material cannot be done and such person refuses to surrender such material, the Attorney General may file, in the district court of the United States for any judicial district in which such person resides, is found, or transacts business, and serve upon such person a petition for an order of such court for the enforcement of this section, except that if such person transacts business in more than one such district such petition shall be filed in the district in which such person maintains his principal place of business, or in such other district in which such person transacts business as may be agreed upon by the parties to such petition. (h) Modification or setting aside Within 20 days after the service of any such demand upon any person, or at any time before the return date specified in the demand, whichever period is shorter, such person may file, in the district court of the United States for the judicial district within which such person resides, is found, or transacts business, and serve upon such custodian a petition for an order of such court modifying or setting aside such demand. The time allowed for compliance with the demand in whole or in part as deemed proper and ordered by the court shall not run during the pendency of such petition in the court. Such petition shall specify each ground upon which the petitioner relies in seeking such relief, and may be based upon any failure of such demand to comply with the provisions of this section or upon any constitutional or other legal right or privilege of such person. (i) Ordering custodian To perform duty At any time during which any custodian is in custody or control of any documentary material delivered by any person in compliance with any such demand, such person may file, in the district court of the United States for the judicial district within which the office of such custodian is situated, and serve upon such custodian a petition for an order of such court requiring the performance by such custodian of any duty imposed upon him by this section. (j) Jurisdiction Whenever any petition is filed in any district court of the United States under this section, such court shall have jurisdiction to hear and determine the matter so presented, and to enter such order or orders as may be required to carry into effect the provisions of this section. C CRIMINAL STREET GANGS 521. Criminal street gangs. 521. Criminal street gangs (a) Definitions In this section— (1) the term conviction includes a finding, under State or Federal law, that a person has committed an act of juvenile delinquency involving a violent or controlled substances felony; and (2) the term criminal street gang means an ongoing group, club, organization, or association of 5 or more persons— (A) that has as 1 of its primary purposes the commission of 1 or more of the criminal offenses described in subsection (c); (B) the members of which engage, or have engaged within the past 5 years, in a continuing series of offenses described in subsection (c); and (C) the activities of which affect interstate or foreign commerce. (b) Penalty The sentence of a person convicted of an offense described in subsection (c) shall be increased by not more than 10 years if the offense is committed under the circumstances described in subsection (d). (c) Offenses The offenses described in this section are— (1) a Federal felony involving a controlled substance for which the maximum penalty is not less than 5 years; (2) a Federal felony crime of violence that has as an element the use or attempted use of physical force against the person of another; and (3) a conspiracy to commit an offense described in paragraph (1) or (2). (d) Circumstances The circumstances described in this section are that the offense described in subsection (c) was committed by a person who— (1) participates in a criminal street gang with knowledge that its members engage in or have engaged in a continuing series of offenses described in subsection (c); (2) intends to promote or further the felonious activities of the criminal street gang or maintain or increase his or her position in the gang; and (3) has been convicted within the past 5 years for— (A) an offense described in subsection (c); (B) a State offense— (i) involving a controlled substance for which the maximum penalty is not less than 5 years imprisonment; or (ii) that is a felony crime of violence that has as an element the use or attempted use of physical force against the person of another; (C) any Federal or State felony offense that by its nature involves a substantial risk that physical force against the person of another may be used in the course of committing the offense; or (D) a conspiracy to commit an offense described in subparagraph (A), (B), or (C). 21 ARSON, FIREARMS, EXPLOSIVES, AND WEAPONS CRIMES Subchapter A. Arson B. Firearms C. Explosives D. Importation, manufacture, distribution, and storage of Explosive Materials E. Biological weapons F. Chemical weapons A ARSON 571. Arson within special maritime and territorial jurisdiction. 571. Arson within special maritime and territorial jurisdiction Whoever, within the special maritime and territorial jurisdiction of the United States, willfully and maliciously sets fire to or burns any building, structure or vessel, any machinery or building materials or supplies, military or naval stores, munitions of war, or any structural aids or appliances for navigation or shipping shall be imprisoned for not more than 25 years. If the building is a dwelling or if the life of any person is placed in jeopardy, the offender shall be imprisoned for any term of years or for life. B FIREARMS 581. Definitions. 582. Unlawful Acts. 583. Licensing. 584. Penalties. 585. Exceptions: relief from disabilities. 586. Remedy for erroneous denial of firearm. 587. Rules and regulations. 588. Interstate transportation of firearms. 589. Carrying of concealed firearms by qualified law enforcement officers. 590. Carrying of concealed firearms by qualified retired law enforcement officers. 591. Use of restricted ammunition. 592. Possession of firearms and dangerous weapons in Federal facilities. 593. Prohibition on purchase, ownership, or possession of body armor by violent felons. 581. Definitions For the purposes of this subchapter— (1) The term firearm means (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm. (2) The term destructive device means— (A) any explosive, incendiary, or poison gas— (i) bomb, (ii) grenade, (iii) rocket having a propellant charge of more than four ounces, (iv) missile having an explosive or incendiary charge of more than one-quarter ounce, (v) mine, or (vi) device similar to any of the devices described in the preceding clauses; (B) any type of weapon (other than a shotgun or a shotgun shell which the Attorney General finds is generally recognized as particularly suitable for sporting purposes) by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than one-half inch in diameter; and (C) any combination of parts either designed or intended for use in converting any device into any destructive device described in subparagraph (A) or (B) and from which a destructive device may be readily assembled. Such term does not include any device which is neither designed nor redesigned for use as a weapon; any device, although originally designed for use as a weapon, which is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device; surplus ordnance sold, loaned, or given by the Secretary of the Army pursuant to section 4684(2), 4685, or 4686 of title 10; or any other device which the Attorney General finds is not likely to be used as a weapon, is an antique, or is a rifle which the owner intends to use solely for sporting, recreational or cultural purposes. (3) The term shotgun means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of an explosive to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger. (4) The term short-barreled shotgun means a shotgun having one or more barrels less than eighteen inches in length and any weapon made from a shotgun (whether by alteration, modification or otherwise) if such a weapon as modified has an overall length of less than twenty-six inches. (5) The term rifle means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of an explosive to fire only a single projectile through a rifled bore for each single pull of the trigger. (6) The term short-barreled rifle means a rifle having one or more barrels less than sixteen inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon, as modified, has an overall length of less than twenty-six inches. (7) The term importer means any person engaged in the business of importing or bringing firearms or ammunition into the United States for purposes of sale or distribution; and the term licensed importer means any such person licensed under this chapter. (8) The term manufacturer means any person engaged in the business of manufacturing firearms or ammunition for purposes of sale or distribution; and the term licensed manufacturer means any such person licensed under this chapter. (9) The term dealer means (A) any person engaged in the business of selling firearms at wholesale or retail, (B) any person engaged in the business of repairing firearms or of making or fitting special barrels, stocks, or trigger mechanisms to firearms, or (C) any person who is a pawnbroker. The term licensed dealer means any dealer who is licensed under this chapter. (10) The term pawnbroker means any person whose business or occupation includes the taking or receiving, by way of pledge or pawn, of any firearm as security for the payment or repayment of money. (11) The term collector means any person who acquires, holds, or disposes of firearms as curios or relics, as the Attorney General shall by regulation define, and the term licensed collector means any such person licensed under this chapter. (12) The term indictment includes an indictment or information in any court under which a crime punishable by imprisonment for a term exceeding one year may be prosecuted. (13) The term fugitive from justice means any person who has fled from any State to avoid prosecution for a crime or to avoid giving testimony in any criminal proceeding. (14) The term antique firearm means— (A) any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; or (B) any replica of any firearm described in subparagraph (A) if such replica— (i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or (ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; or (C) any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition. For purposes of this subparagraph, the term antique firearm shall not include any weapon which incorporates a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof. (15) (A) The term ammunition means ammunition or cartridge cases, primers, bullets, or propellent powder designed for use in any firearm. (B) The term armor piercing ammunition means— (i) a projectile or projectile core which may be used in a handgun and which is constructed entirely (excluding the presence of traces of other substances) from one or a combination of tungsten alloys, steel, iron, brass, bronze, beryllium copper, or depleted uranium; or (ii) a full jacketed projectile larger than .22 caliber designed and intended for use in a handgun and whose jacket has a weight of more than 25 percent of the total weight of the projectile. (C) The term armor piercing ammunition does not include shotgun shot required by Federal or State environmental or game regulations for hunting purposes, a frangible projectile designed for target shooting, a projectile which the Attorney General finds is primarily intended to be used for sporting purposes, or any other projectile or projectile core which the Attorney General finds is intended to be used for industrial purposes, including a charge used in an oil and gas well perforating device. (16) The term published ordinance means a published law of any political subdivision of a State which the Attorney General determines to be relevant to the enforcement of this subchapter and which is contained on a list compiled by the Attorney General, which list shall be published in the Federal Register, revised annually, and furnished to each licensee under this subchapter. (17) The term crime punishable by imprisonment for a term exceeding one year does not include— (A) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices, or (B) any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less. What constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held. Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this subchapter, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms. (18) The term engaged in the business means— (A) as applied to a manufacturer of firearms, a person who devotes time, attention, and labor to manufacturing firearms as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the firearms manufactured; (B) as applied to a manufacturer of ammunition, a person who devotes time, attention, and labor to manufacturing ammunition as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the ammunition manufactured; (C) as applied to a dealer in firearms, as defined in paragraph (9)(A), a person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms, but such term does not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms; (D) as applied to a dealer in firearms, as defined in paragraph (9)(B), a person who devotes time, attention, and labor to engaging in such activity as a regular course of trade or business with the principal objective of livelihood and profit, but such term does not include a person who makes occasional repairs of firearms, or who occasionally fits special barrels, stocks, or trigger mechanisms to firearms; (E) as applied to an importer of firearms, a person who devotes time, attention, and labor to importing firearms as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the firearms imported; and (F) as applied to an importer of ammunition, a person who devotes time, attention, and labor to importing ammunition as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the ammunition imported. (19) The term with the principal objective of livelihood and profit means that the intent underlying the sale or disposition of firearms is predominantly one of obtaining livelihood and pecuniary gain, as opposed to other intents, such as improving or liquidating a personal firearms collection, but proof of profit is not required as to a person who engages in the regular and repetitive purchase and disposition of firearms for criminal purposes or terrorism. In this paragraph, the term terrorism means activity, directed against United States persons, which— (A) is committed by an individual who is not a national or permanent resident alien of the United States; (B) involves violent acts or acts dangerous to human life which would be a criminal violation if committed within the jurisdiction of the United States; and (C) is intended— (i) to intimidate or coerce a civilian population; (ii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by assassination or kidnapping. (20) The term machinegun has the meaning given such term in section 5845(b) of the National Firearms Act . (21) The terms firearm silencer and firearm muffler mean any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler, and any part intended only for use in such assembly or fabrication. (22) The term school zone means— (A) in, or on the grounds of, a public, parochial or private school; or (B) within a distance of 1,000 feet from the grounds of a public, parochial or private school. (23) The term school means a school which provides elementary or secondary education, as determined under State law. (24) The term motor vehicle has the meaning given such term in section 13102 of title 49. (25) The term semiautomatic rifle means any repeating rifle which utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round, and which requires a separate pull of the trigger to fire each cartridge. (26) The term handgun means— (A) a firearm which has a short stock and is designed to be held and fired by the use of a single hand; and (B) any combination of parts from which a firearm described in subparagraph (A) can be assembled. (27) The term intimate partner means, with respect to a person, the spouse of the person, a former spouse of the person, an individual who is a parent of a child of the person, and an individual who cohabitates or has cohabited with the person. (28) (A) The term misdemeanor crime of domestic violence means an offense that— (i) is a misdemeanor under Federal, State, or Tribal law; and (ii) has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim. (B) (i) A person shall not be considered to have been convicted of such an offense for purposes of this subchapter, unless— (I) the person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case; and (II) in the case of a prosecution for an offense described in this paragraph for which a person was entitled to a jury trial in the jurisdiction in which the case was tried, either— (aa) the case was tried by a jury; or (bb) the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise. (ii) A person shall not be considered to have been convicted of such an offense for purposes of this subchapter if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms. (29) The term secure gun storage or safety device means— (A) a device that, when installed on a firearm, is designed to prevent the firearm from being operated without first deactivating the device; (B) a device incorporated into the design of the firearm that is designed to prevent the operation of the firearm by anyone not having access to the device; or (C) a safe, gun safe, gun case, lock box, or other device that is designed to be or can be used to store a firearm and that is designed to be unlocked only by means of a key, a combination, or other similar means. (30) The term body armor means any product sold or offered for sale, in interstate or foreign commerce, as personal protective body covering intended to protect against gunfire, regardless of whether the product is to be worn alone or is sold as a complement to another product or garment. (31) A member of the Armed Forces on active duty is a resident of the State in which his permanent duty station is located. 582. Unlawful Acts (a) Regulatory offenses It shall be unlawful— (1) for any person— (A) except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or (B) except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition in interstate or foreign commerce; (2) for any importer, manufacturer, dealer, or collector licensed under this chapter to ship or transport in interstate or foreign commerce any firearm to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, except that— (A) this paragraph and subsection (b)(3) shall not be held to preclude a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received; and this paragraph does not preclude an individual from mailing a firearm owned in compliance with Federal, State, and local law to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector; (B) this paragraph does not preclude a licensed importer, licensed manufacturer, or licensed dealer from depositing a firearm for conveyance in the mails to any officer, employee, agent, or watchman who, pursuant to section 950, is eligible to receive through the mails pistols, revolvers, and other firearms capable of being concealed on the person, for use in connection with his official duty; and (C) nothing in this paragraph shall be construed as applying in any manner in the District of Columbia, the Commonwealth of Puerto Rico, or any possession of the United States differently than it would apply if the District of Columbia, the Commonwealth of Puerto Rico, or the possession were in fact a State of the United States; (3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any fire arm purchased or otherwise obtained by such person outside that State, except that this paragraph— (A) does not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State; (B) does not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3); and (C) does not apply to the transportation of any firearm acquired in any State before December 16, 1968; (4) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, to transport in interstate or foreign commerce any destructive device, machinegun, short-barreled shotgun, or short-barreled rifle, except as specifically authorized by the Attorney General consistent with public safety and necessity; (5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph does not apply to (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes; (6) for any person in connection with the acquisition or attempted acquisition of any firearm or ammunition from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, knowingly to make any false or fictitious oral or written statement or to furnish or exhibit any false, fictitious, or misrepresented identification, intended or likely to deceive such importer, manufacturer, dealer, or collector with respect to any fact material to the lawfulness of the sale or other disposition of such firearm or ammunition under this chapter; (7) for any person to manufacture or import armor piercing ammunition, unless— (A) the manufacture of such ammunition is for the use of the United States, any department or agency of the United States, any State, or any department, agency, or political subdivision of a State; (B) the manufacture of such ammunition is for the purpose of exportation; or (C) the manufacture or importation of such ammunition is for the purpose of testing or experimentation and has been authorized by the Attorney General; (8) for any manufacturer or importer to sell or deliver armor piercing ammunition, unless such sale or delivery— (A) is for the use of the United States, any department or agency of the United States, any State, or any department, agency, or political subdivision of a State; (B) is for the purpose of exportation; or (C) is for the purpose of testing or experimentation and has been authorized by the Attorney General; and (9) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, who does not reside in any State to receive any firearms unless such receipt is for lawful sporting purposes. (b) Licensee offenses It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver— (1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe is less than twenty-one years of age; (2) any firearm to any person in any State where the purchase or possession by such person of such firearm would be in violation of any State law or any published ordinance applicable at the place of sale, delivery or other disposition, unless the licensee knows or has reasonable cause to believe that the purchase or possession would not be in violation of such State law or such published ordinance; (3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee’s place of business is located, except that this paragraph (A) does not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee’s place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and (B) does not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes; (4) to any person any destructive device, machinegun, short-barreled shotgun, or short-barreled rifle, except as specifically authorized by the Attorney General consistent with public safety and necessity; and (5) any firearm or armor-piercing ammunition to any person unless the licensee notes in his records, required to be kept pursuant to section 583, the name, age, and place of residence of such person if the person is an individual, or the identity and principal and local places of business of such person if the person is a corporation or other business entity. Paragraphs (1), (2), (3), and (4) of this subsection does not apply to transactions between licensed importers, licensed manufacturers, licensed dealers, and licensed collectors. Paragraph (4) of this subsection does not apply to a sale or delivery to any research organization designated by the Attorney General. (c) Background check for persons not appearing in person In any case not otherwise prohibited by this chapter, a licensed importer, licensed manufacturer, or licensed dealer may sell a firearm to a person who does not appear in person at the licensee’s business premises (other than another licensed importer, manufacturer, or dealer) only if— (1) the transferee submits to the transferor a sworn statement in the following form: Subject to penalties provided by law, I swear that, in the case of any firearm other than a shotgun or a rifle, I am twenty-one years or more of age, or that, in the case of a shotgun or a rifle, I am eighteen years or more of age; that I am not prohibited by the provisions of subchapter B of chapter 21 of title 18, United States Code, from receiving a firearm in interstate or foreign commerce; and that my receipt of this firearm will not be in violation of any statute of the State and published ordinance applicable to the locality in which I reside. Further, the true title, name, and address of the principal law enforcement officer of the locality to which the firearm will be delivered are — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Signature — — — — — — — — — — Date — — — —. and containing blank spaces for the attachment of a true copy of any permit or other information required pursuant to such statute or published ordinance; (2) the transferor has, prior to the shipment or delivery of the firearm, forwarded by registered or certified mail (return receipt requested) a copy of the sworn statement, together with a description of the firearm, in a form prescribed by the Attorney General, to the chief law enforcement officer of the transferee’s place of residence, and has received a return receipt evidencing delivery of the statement or has had the statement returned due to the refusal of the named addressee to accept such letter in accordance with United States Post Office Department regulations; and (3) the transferor has delayed shipment or delivery for a period of at least seven days following receipt of the notification of the acceptance or refusal of delivery of the statement. A copy of the sworn statement and a copy of the notification to the local law enforcement officer, together with evidence of receipt or rejection of that notification shall be retained by the licensee as a part of the records required to be kept under section 583(g). (d) Sales and dispositions to prohibited classes of persons It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person— (1) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; (2) is a fugitive from justice; (3) is an unlawful user of or addicted to any controlled substance; (4) has been adjudicated as a mental defective or has been committed to any mental institution; (5) is an alien and— (A) is illegally or unlawfully in the United States; or (B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act ); (6) has been discharged from the Armed Forces under dishonorable conditions; (7) was a citizen of the United States, and has renounced that citizenship; (8) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this paragraph shall only apply to a court order that— (A) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and (B) (i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or (ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or (9) has been convicted in any court of a misdemeanor crime of domestic violence. This subsection does not apply with respect to the sale or disposition of a firearm or ammunition to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector who pursuant to subsection (b) of section 585 is not precluded from dealing in firearms or ammunition, or to a person who has been granted relief from disabilities pursuant to subsection (c) of section 585. (e) Notice to carrier It shall be unlawful for any person knowingly to deliver or cause to be delivered to any common or contract carrier for transportation or shipment in interstate or foreign commerce, to persons other than licensed importers, licensed manufacturers, licensed dealers, or licensed collectors, any package or other container in which there is any firearm or ammunition without written notice to the carrier that such firearm or ammunition is being transported or shipped; except that any passenger who owns or legally possesses a firearm or ammunition being transported aboard any common or contract carrier for movement with the passenger in interstate or foreign commerce may deliver said firearm or ammunition into the custody of the pilot, captain, conductor or operator of such common or contract carrier for the duration of the trip without violating this chapter. No common or contract carrier shall require or cause any label, tag, or other written notice to be placed on the outside of any package, luggage, or other container that such package, luggage, or other container contains a firearm. (f) Common or contract carrier offenses (1) It shall be unlawful for any common or contract carrier to transport or deliver in interstate or foreign commerce any firearm or ammunition with knowledge or reasonable cause to believe that the shipment transportation, or receipt thereof would be in violation of this subchapter. (2) It shall be unlawful for any common or contract carrier to deliver in interstate or foreign commerce any firearm without obtaining written acknowledgement of receipt from the recipient of the package or other container in which there is a firearm. (g) Prohibitions on firearm-Related activities by certain persons It shall be unlawful for any person— (1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; (2) who is a fugitive from justice; (3) who is an unlawful user of or addicted to any controlled substance; (4) who has been adjudicated as a mental defective or who has been committed to a mental institution; (5) who, being an alien— (A) is illegally or unlawfully in the United States; or (B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act ); (6) who has been discharged from the Armed Forces under dishonorable conditions; (7) who, having been a citizen of the United States, has renounced his citizenship; (8) who is subject to a court order that— (A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate; (B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and (C) (i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or (ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or (9) who has been convicted in any court of a misdemeanor crime of domestic violence, to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce. (h) Employee offense It shall be unlawful for any individual, who to that individual’s knowledge and while being employed for any person described in any paragraph of subsection (g) of this section, in the course of such employment— (1) to receive, possess, or transport any firearm or ammunition in or affecting interstate or foreign commerce; or (2) to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce. (i) Transport of stolen firearms and ammunition It shall be unlawful for any person to transport or ship in interstate or foreign commerce, any stolen firearms or stolen ammunition, knowing or having reasonable cause to believe that the firearm or ammunition was stolen. (j) Possession and disposition of stolen firearms and ammunition It shall be unlawful for any person to receive, possess, conceal, store, barter, sell, or dispose of any stolen firearm or stolen ammunition, or pledge or accept as security for a loan any stolen firearm or stolen ammunition, which is moving as, which is a part of, which constitutes, or which has been shipped or transported in, interstate or foreign commerce, either before or after it was stolen, knowing or having reasonable cause to believe that the firearm or ammunition was stolen. (k) Serial number offense It shall be unlawful for any person knowingly to transport, ship, or receive, in interstate or foreign commerce, any firearm which has had the importer’s or manufacturer’s serial number removed, obliterated, or altered or to possess or receive any firearm which has had the importer’s or manufacturer’s serial number removed, obliterated, or altered and has, at any time, been shipped or transported in interstate or foreign commerce. (l) Importation Except as provided in section 585(d), it shall be unlawful for any person knowingly to import or bring into the United States or any possession thereof any firearm or ammunition; and it shall be unlawful for any person knowingly to receive any firearm or ammunition which has been imported or brought into the United States or any possession thereof in violation of this subchapter. (m) False entry It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector knowingly to make any false entry in, to fail to make appropriate entry in, or to fail to properly maintain, any record which he is required to keep pursuant to section 583 or regulations promulgated thereunder. (n) Indicted persons It shall be unlawful for any person who is under indictment for a crime punishable by imprisonment for a term exceeding one year to ship or transport in interstate or foreign commerce any firearm or ammunition or receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce. (o) Transfer or possession of machineguns (1) Except as provided in paragraph (2), it shall be unlawful for any person to transfer or possess a machinegun. (2) This subsection does not apply with respect to— (A) a transfer to or by, or possession by or under the authority of, the United States or any department or agency thereof or a State, or a department, agency, or political subdivision thereof; or (B) any lawful transfer or lawful possession of a machinegun that was lawfully possessed before the date this subsection takes effect. (p) Nondetectable firearms (1) It shall be unlawful for any person to manufacture, import, sell, ship, deliver, possess, transfer, or receive any firearm— (A) that, after removal of grips, stocks, and magazines, is not as detectable as the Security Exemplar, by walk-through metal detectors calibrated and operated to detect the Security Exemplar; or (B) any major component of which, when subjected to inspection by the types of x-ray machines commonly used at airports, does not generate an image that accurately depicts the shape of the component. Barium sulfate or other compounds may be used in the fabrication of the component. (2) For purposes of this subsection— (A) the term firearm does not include the frame or receiver of any such weapon; (B) the term major component means, with respect to a firearm, the barrel, the slide or cylinder, or the frame or receiver of the firearm; and (C) the term Security Exemplar means an object, to be fabricated at the direction of the Attorney General, that is— (i) constructed of, during the 12-month period beginning on the date of the enactment of this subsection, 3.7 ounces of material type 17–4 PH stainless steel in a shape resembling a handgun; and (ii) suitable for testing and calibrating metal detectors; but, at the close of such 12-month period, and at appropriate times thereafter the Attorney General shall prescribe regulations to permit the manufacture, importation, sale, shipment, delivery, possession, transfer, or receipt of firearms previously prohibited under this subparagraph that are as detectable as a Security Exemplar which contains 3.7 ounces of material type 17–4 PH stainless steel, in a shape resembling a handgun, or such lesser amount as is detectable in view of advances in state-of-the-art developments in weapons detection technology. (3) Under such rules and regulations as the Attorney General shall prescribe, this subsection does not apply to the manufacture, possession, transfer, receipt, shipment, or delivery of a firearm by a licensed manufacturer or any person acting pursuant to a contract with a licensed manufacturer, for the purpose of examining and testing such firearm to determine whether paragraph (1) applies to such firearm. The Attorney General shall ensure that rules and regulations adopted pursuant to this paragraph do not impair the manufacture of prototype firearms or the development of new technology. (4) The Attorney General shall permit the conditional importation of a firearm by a licensed importer or licensed manufacturer, for examination and testing to determine whether or not the unconditional importation of such firearm would violate this subsection. (5) This subsection does not apply to any firearm which— (A) has been certified by the Secretary of Defense or the Director of Central Intelligence, after consultation with the Attorney General and the Administrator of the Federal Aviation Administration, as necessary for military or intelligence applications; and (B) is manufactured for and sold exclusively to military or intelligence agencies of the United States. (6) This subsection does not apply with respect to any firearm manufactured in, imported into, or possessed in the United States before the date of the enactment of the Undetectable Firearms Act of 1988. (q) School zones (1) The Congress finds and declares that— (A) crime, particularly crime involving drugs and guns, is a pervasive, nationwide problem; (B) crime at the local level is exacerbated by the interstate movement of drugs, guns, and criminal gangs; (C) firearms and ammunition move easily in interstate commerce and have been found in increasing numbers in and around schools, as documented in numerous hearings in both the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate; (D) in fact, even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce; (E) while criminals freely move from State to State, ordinary citizens and foreign visitors may fear to travel to or through certain parts of the country due to concern about violent crime and gun violence, and parents may decline to send their children to school for the same reason; (F) the occurrence of violent crime in school zones has resulted in a decline in the quality of education in our country; (G) this decline in the quality of education has an adverse impact on interstate commerce and the foreign commerce of the United States; (H) States, localities, and school systems find it almost impossible to handle gun-related crime by themselves—even States, localities, and school systems that have made strong efforts to prevent, detect, and punish gun-related crime find their efforts unavailing due in part to the failure or inability of other States or localities to take strong measures; and (I) the Congress has the power, under the interstate commerce clause and other provisions of the Constitution, to enact measures to ensure the integrity and safety of the Nation’s schools by enactment of this subsection. (2) (A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone. (B) Subparagraph (A) does not apply to the possession of a firearm— (i) on private property not part of school grounds; (ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license; (iii) that is— (I) not loaded; and (II) in a locked container, or a locked firearms rack that is on a motor vehicle; (iv) by an individual for use in a program approved by a school in the school zone; (v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual; (vi) by a law enforcement officer acting in his or her official capacity; or (vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities. (3) (A) Except as provided in subparagraph (B), it shall be unlawful for any person, knowingly or with reckless disregard for the safety of another, to discharge or attempt to discharge a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the person knows is a school zone. (B) Subparagraph (A) does not apply to the discharge of a firearm— (i) on private property not part of school grounds; (ii) as part of a program approved by a school in the school zone, by an individual who is participating in the program; (iii) by an individual in accordance with a contract entered into between a school in a school zone and the individual or an employer of the individual; or (iv) by a law enforcement officer acting in his or her official capacity. (r) Importation of parts It shall be unlawful for any person to assemble from imported parts any semiautomatic rifle or any shotgun which is identical to any rifle or shotgun prohibited from importation under section 585(d)(3) as not being particularly suitable for or readily adaptable to sporting purposes except that this subsection does not apply to— (1) the assembly of any such rifle or shotgun for sale or distribution by a licensed manufacturer to the United States or any department or agency thereof or to any State or any department, agency, or political subdivision thereof; or (2) the assembly of any such rifle or shotgun for the purposes of testing or experimentation authorized by the Attorney General. (s) Background check for handguns (1) Beginning on the date that is 90 days after the date of enactment of this subsection and ending on the day before the date that is 60 months after such date of enactment, it shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer a handgun (other than the return of a handgun to the person from whom it was received) to an individual who is not licensed under section 583, unless— (A) after the most recent proposal of such transfer by the transferee— (i) the transferor has— (I) received from the transferee a statement of the transferee containing the information described in paragraph (3); (II) verified the identity of the transferee by examining the identification document presented; (III) within 1 day after the transferee furnishes the statement, provided notice of the contents of the statement to the chief law enforcement officer of the place of residence of the transferee; and (IV) within 1 day after the transferee furnishes the statement, transmitted a copy of the statement to the chief law enforcement officer of the place of residence of the transferee; and (ii) (I) 5 business days (meaning days on which State offices are open) have elapsed from the date the transferor furnished notice of the contents of the statement to the chief law enforcement officer, during which period the transferor has not received information from the chief law enforcement officer that receipt or possession of the handgun by the transferee would be in violation of Federal, State, or local law; or (II) the transferor has received notice from the chief law enforcement officer that the officer has no information indicating that receipt or possession of the handgun by the transferee would violate Federal, State, or local law; (B) the transferee has presented to the transferor a written statement, issued by the chief law enforcement officer of the place of residence of the transferee during the 10-day period ending on the date of the most recent proposal of such transfer by the transferee, stating that the transferee requires access to a handgun because of a threat to the life of the transferee or of any member of the household of the transferee; (C) (i) the transferee has presented to the transferor a permit that— (I) allows the transferee to possess or acquire a handgun; and (II) was issued not more than 5 years earlier by the State in which the transfer is to take place; and (ii) the law of the State provides that such a permit is to be issued only after an authorized government official has verified that the information available to such official does not indicate that possession of a handgun by the transferee would be in violation of the law; (D) the law of the State requires that, before any licensed importer, licensed manufacturer, or licensed dealer completes the transfer of a handgun to an individual who is not licensed under section 583, an authorized government official verify that the information available to such official does not indicate that possession of a handgun by the transferee would be in violation of law; (E) the Attorney General has approved the transfer under section 5812 of the Internal Revenue Code of 1986; or (F) on application of the transferor, the Attorney General has certified that compliance with subparagraph (A)(i)(III) is impracticable because— (i) the ratio of the number of law enforcement officers of the State in which the transfer is to occur to the number of square miles of land area of the State does not exceed 0.0025; (ii) the business premises of the transferor at which the transfer is to occur are extremely remote in relation to the chief law enforcement officer; and (iii) there is an absence of telecommunications facilities in the geographical area in which the business premises are located. (2) A chief law enforcement officer to whom a transferor has provided notice pursuant to paragraph (1)(A)(i)(III) shall make a reasonable effort to ascertain within 5 business days whether receipt or possession would be in violation of the law, including research in whatever State and local recordkeeping systems are available and in a national system designated by the Attorney General. (3) The statement referred to in paragraph (1)(A)(i)(I) shall contain only— (A) the name, address, and date of birth appearing on a valid identification document (as defined in section 783(d)(3)) of the transferee containing a photograph of the transferee and a description of the identification used; (B) a statement that the transferee— (i) is not under indictment for, and has not been convicted in any court of, a crime punishable by imprisonment for a term exceeding 1 year, and has not been convicted in any court of a misdemeanor crime of domestic violence; (ii) is not a fugitive from justice; (iii) is not an unlawful user of or addicted to any controlled substance; (iv) has not been adjudicated as a mental defective or been committed to a mental institution; (v) is not an alien who— (I) is illegally or unlawfully in the United States; or (II) subject to subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act ); (vi) has not been discharged from the Armed Forces under dishonorable conditions; and (vii) is not a person who, having been a citizen of the United States, has renounced such citizenship; (C) the date the statement is made; and (D) notice that the transferee intends to obtain a handgun from the transferor. (4) Any transferor of a handgun who, after such transfer, receives a report from a chief law enforcement officer containing information that receipt or possession of the handgun by the transferee violates Federal, State, or local law shall, within 1 business day after receipt of such request, communicate any information related to the transfer that the transferor has about the transfer and the transferee to— (A) the chief law enforcement officer of the place of business of the transferor; and (B) the chief law enforcement officer of the place of residence of the transferee. (5) Any transferor who receives information, not otherwise available to the public, in a report under this subsection shall not disclose such information except to the transferee, to law enforcement authorities, or pursuant to the direction of a court of law. (6) (A) Any transferor who sells, delivers, or otherwise transfers a handgun to a transferee shall retain the copy of the statement of the transferee with respect to the handgun transaction, and shall retain evidence that the transferor has complied with subclauses (III) and (IV) of paragraph (1)(A)(i) with respect to the statement. (B) Unless the chief law enforcement officer to whom a statement is transmitted under paragraph (1)(A)(i)(IV) determines that a transaction would violate Federal, State, or local law— (i) the officer shall, within 20 business days after the date the transferee made the statement on the basis of which the notice was provided, destroy the statement, any record containing information derived from the statement, and any record created as a result of the notice required by paragraph (1)(A)(i)(III); (ii) the information contained in the statement shall not be conveyed to any person except a person who has a need to know in order to carry out this subsection; and (iii) the information contained in the statement shall not be used for any purpose other than to carry out this subsection. (C) If a chief law enforcement officer determines that an individual is ineligible to receive a handgun and the individual requests the officer to provide the reason for such determination, the officer shall provide such reasons to the individual in writing within 20 business days after receipt of the request. (7) A chief law enforcement officer or other person responsible for providing criminal history background information pursuant to this subsection shall not be liable in an action at law for damages— (A) for failure to prevent the sale or transfer of a handgun to a person whose receipt or possession of the handgun is unlawful under this section; or (B) for preventing such a sale or transfer to a person who may lawfully receive or possess a handgun. (8) For purposes of this subsection, the term chief law enforcement officer means the chief of police, the sheriff, or an equivalent officer or the designee of any such individual. (9) The Attorney General shall take necessary actions to ensure that the provisions of this subsection are published and disseminated to licensed dealers, law enforcement officials, and the public. (t) Instant background check (1) Beginning on the date that is 30 days after the Attorney General notifies licensees under section 103(d) of the Brady Handgun Violence Prevention Act that the national instant criminal background check system is established, a licensed importer, licensed manufacturer, or licensed dealer shall not transfer a firearm to any other person who is not licensed under this chapter, unless— (A) before the completion of the transfer, the licensee contacts the national instant criminal background check system established under section 103 of that Act; (B) (i) the system provides the licensee with a unique identification number; or (ii) 3 business days (meaning a day on which State offices are open) have elapsed since the licensee contacted the system, and the system has not notified the licensee that the receipt of a firearm by such other person would violate subsection (g) or (n) of this section; and (C) the transferor has verified the identity of the transferee by examining a valid identification document (as defined in section 783(d)) of the transferee containing a photograph of the transferee. (2) If receipt of a firearm would not violate subsection (g) or (n) or State law, the system shall— (A) assign a unique identification number to the transfer; (B) provide the licensee with the number; and (C) destroy all records of the system with respect to the call (other than the identifying number and the date the number was assigned) and all records of the system relating to the person or the transfer. (3) Paragraph (1) does not apply to a firearm transfer between a licensee and another person if— (A) (i) such other person has presented to the licensee a permit that— (I) allows such other person to possess or acquire a firearm; and (II) was issued not more than 5 years earlier by the State in which the transfer is to take place; and (ii) the law of the State provides that such a permit is to be issued only after an authorized government official has verified that the information available to such official does not indicate that possession of a firearm by such other person would be in violation of law; (B) the Attorney General has approved the transfer under section 5812 of the Internal Revenue Code of 1986; or (C) on application of the transferor, the Attorney General has certified that compliance with paragraph (1)(A) is impracticable because— (i) the ratio of the number of law enforcement officers of the State in which the transfer is to occur to the number of square miles of land area of the State does not exceed 0.0025; (ii) the business premises of the licensee at which the transfer is to occur are extremely remote in relation to the chief law enforcement officer (as defined in subsection (s)(8)); and (iii) there is an absence of telecommunications facilities in the geographical area in which the business premises are located. (4) If the national instant criminal background check system notifies the licensee that the information available to the system does not demonstrate that the receipt of a firearm by such other person would violate subsection (g) or (n) or State law, and the licensee transfers a firearm to such other person, the licensee shall include in the record of the transfer the unique identification number provided by the system with respect to the transfer. (5) If the licensee knowingly transfers a firearm to such other person and knowingly fails to comply with paragraph (1) of this subsection with respect to the transfer and, at the time such other person most recently proposed the transfer, the national instant criminal background check system was operating and information was available to the system demonstrating that receipt of a firearm by such other person would violate subsection (g) or (n) of this section or State law, the Attorney General may, after notice and opportunity for a hearing, suspend for not more than 6 months or revoke any license issued to the licensee under section 583, and may impose on the licensee a civil fine of not more than $5,000. (6) Neither a local government nor an employee of the Federal Government or of any State or local government, responsible for providing information to the national instant criminal background check system shall be liable in an action at law for damages— (A) for failure to prevent the sale or transfer of a firearm to a person whose receipt or possession of the firearm is unlawful under this section; or (B) for preventing such a sale or transfer to a person who may lawfully receive or possess a firearm. (u) Theft It shall be unlawful for a person to steal or unlawfully take or carry away from the person or the premises of a person who is licensed to engage in the business of importing, manufacturing, or dealing in firearms, any firearm in the licensee’s business inventory that has been shipped or transported in interstate or foreign commerce. (v) Transfers to juveniles (1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile— (A) a handgun; or (B) ammunition that is suitable for use only in a handgun. (2) It shall be unlawful for any person who is a juvenile to knowingly possess— (A) a handgun; or (B) ammunition that is suitable for use only in a handgun. (3) This subsection does not apply to— (A) a temporary transfer of a handgun or ammunition to a juvenile or to the possession or use of a handgun or ammunition by a juvenile if the handgun and ammunition are possessed and used by the juvenile— (i) in the course of employment, in the course of ranching or farming related to activities at the residence of the juvenile (or on property used for ranching or farming at which the juvenile, with the permission of the property owner or lessee, is performing activities related to the operation of the farm or ranch), target practice, hunting, or a course of instruction in the safe and lawful use of a handgun; (ii) with the prior written consent of the juvenile’s parent or guardian who is not prohibited by Federal, State, or local law from possessing a firearm, except— (I) during transportation by the juvenile of an unloaded handgun in a locked container directly from the place of transfer to a place at which an activity described in clause (i) is to take place and transportation by the juvenile of that handgun, unloaded and in a locked container, directly from the place at which such an activity took place to the transferor; or (II) with respect to ranching or farming activities as described in clause (i), a juvenile may possess and use a handgun or ammunition with the prior written approval of the juvenile’s parent or legal guardian and at the direction of an adult who is not prohibited by Federal, State or local law from possessing a firearm; or (iii) the juvenile has the prior written consent in the juvenile’s possession at all times when a handgun is in the possession of the juvenile; and (iv) in accordance with State and local law; (B) a juvenile who is a member of the Armed Forces of the United States or the National Guard who possesses or is armed with a handgun in the line of duty; (C) a transfer by inheritance of title (but not possession) of a handgun or ammunition to a juvenile; or (D) the possession of a handgun or ammunition by a juvenile taken in defense of the juvenile or other persons against an intruder into the residence of the juvenile or a residence in which the juvenile is an invited guest. (4) A handgun or ammunition, the possession of which is transferred to a juvenile in circumstances in which the transferor is not in violation of this subsection shall not be subject to permanent confiscation by the Government if its possession by the juvenile subsequently becomes unlawful because of the conduct of the juvenile, but shall be returned to the lawful owner when such handgun or ammunition is no longer required by the Government for the purposes of investigation or prosecution. (5) For purposes of this subsection, the term juvenile means a person who is less than 18 years of age. (6) (A) In a prosecution of a violation of this subsection, the court shall require the presence of a juvenile defendant’s parent or legal guardian at all proceedings. (B) The court may use the contempt power to enforce subparagraph (A). (C) The court may excuse attendance of a parent or legal guardian of a juvenile defendant at a proceeding in a prosecution of a violation of this subsection for good cause shown. (w) Provisions relating to aliens admitted under nonimmigrant visas (1) Definitions In this subsection— (A) the term alien has the same meaning as in section 101(a)(3) of the Immigration and Nationality Act ; and (B) the term nonimmigrant visa has the same meaning as in section 101(a)(26) of the Immigration and Nationality Act . (2) Exceptions Subsections (d)(5)(B), (g)(5)(B), and (s)(3)(B)(v)(II) do not apply to any alien who has been lawfully admitted to the United States under a nonimmigrant visa, if that alien is— (A) admitted to the United States for lawful hunting or sporting purposes or is in possession of a hunting license or permit lawfully issued in the United States; (B) an official representative of a foreign government who is— (i) accredited to the United States Government or the Government’s mission to an international organization having its headquarters in the United States; or (ii) en route to or from another country to which that alien is accredited; (C) an official of a foreign government or a distinguished foreign visitor who has been so designated by the Department of State; or (D) a foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business. (3) Waiver (A) Conditions for waiver Any individual who has been admitted to the United States under a nonimmigrant visa may receive a waiver from the requirements of subsection (g)(5), if— (i) the individual submits to the Attorney General a petition that meets the requirements of subparagraph (C); and (ii) the Attorney General approves the petition. (B) Petition Each petition under subparagraph (B) shall— (i) demonstrate that the petitioner has resided in the United States for a continuous period of not less than 180 days before the date on which the petition is submitted under this paragraph; and (ii) include a written statement from the embassy or consulate of the petitioner, authorizing the petitioner to acquire a firearm or ammunition and certifying that the alien would not, absent the application of subsection (g)(5)(B), otherwise be prohibited from such acquisition under subsection (g). (C) Approval of petition The Attorney General shall approve a petition submitted in accordance with this paragraph, if the Attorney General determines that waiving the requirements of subsection (g)(5)(B) with respect to the petitioner— (i) would be in the interests of justice; and (ii) would not jeopardize the public safety. (x) Secure gun storage or safety device (1) In general Except as provided under paragraph (2), it shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer any handgun to any person other than any person licensed under this chapter, unless the transferee is provided with a secure gun storage or safety device (as defined in section 581(29)) for that handgun. (2) Exceptions Paragraph (1) does not apply to— (A) (i) the manufacture for, transfer to, or possession by, the United States, a department or agency of the United States, a State, or a department, agency, or political subdivision of a State, of a handgun; or (ii) the transfer to, or possession by, a law enforcement officer employed by an entity referred to in clause (i) of a handgun for law enforcement purposes (whether on or off duty); or (B) the transfer to, or possession by, a rail police officer employed by a rail carrier and certified or commissioned as a police officer under the laws of a State of a handgun for purposes of law enforcement (whether on or off duty); (C) the transfer to any person of a handgun listed as a curio or relic by the Secretary pursuant to section 581(a)(13); or (D) the transfer to any person of a handgun for which a secure gun storage or safety device is temporarily unavailable for the reasons described in the exceptions stated in section 923(e), if the licensed manufacturer, licensed importer, or licensed dealer delivers to the transferee within 10 calendar days from the date of the delivery of the handgun to the transferee a secure gun storage or safety device for the handgun. (3) Liability for use (A) In general Notwithstanding any other provision of law, a person who has lawful possession and control of a handgun, and who uses a secure gun storage or safety device with the handgun, shall be entitled to immunity from a qualified civil liability action. (B) Prospective actions A qualified civil liability action may not be brought in any Federal or State court. (C) Defined term As used in this paragraph, the term qualified civil liability action — (i) means a civil action brought by any person against a person described in subparagraph (A) for damages resulting from the criminal or unlawful misuse of the handgun by a third party, if— (I) the handgun was accessed by another person who did not have the permission or authorization of the person having lawful possession and control of the handgun to have access to it; and (II) at the time access was gained by the person not so authorized, the handgun had been made inoperable by use of a secure gun storage or safety device; and (ii) does not include an action brought against the person having lawful possession and control of the handgun for negligent entrustment or negligence per se. 583. Licensing (a) In general No person shall engage in the business of importing, manufacturing, or dealing in firearms, or importing or manufacturing ammunition, until he has filed an application with and received a license to do so from the Attorney General. The application shall be in such form and contain only that information necessary to determine eligibility for licensing as the Attorney General shall by regulation prescribe and shall include a photograph and fingerprints of the applicant. Each applicant shall pay a fee for obtaining such a license, a separate fee being required for each place in which the applicant is to do business, as follows: (1) If the applicant is a manufacturer— (A) of destructive devices, ammunition for destructive devices or armor piercing ammunition, a fee of $1,000 per year; (B) of firearms other than destructive devices, a fee of $50 per year; or (C) of ammunition for firearms, other than ammunition for destructive devices or armor piercing ammunition, a fee of $10 per year. (2) If the applicant is an importer— (A) of destructive devices, ammunition for destructive devices or armor piercing ammunition, a fee of $1,000 per year; or (B) of firearms other than destructive devices or ammunition for firearms other than destructive devices, or ammunition other than armor piercing ammunition, a fee of $50 per year. (3) If the applicant is a dealer— (A) in destructive devices or ammunition for destructive devices, a fee of $1,000 per year; or (B) who is not a dealer in destructive devices, a fee of $200 for 3 years, except that the fee for renewal of a valid license shall be $90 for 3 years. (b) Collectors Any person desiring to be licensed as a collector shall file an application for such license with the Attorney General. The application shall be in such form and contain only that information necessary to determine eligibility as the Attorney General shall by regulation prescribe. The fee for such license shall be $10 per year. Any license granted under this subsection shall only apply to transactions in curios and relics. (c) Issuance Upon the filing of a proper application and payment of the prescribed fee, the Attorney General shall issue to a qualified applicant the appropriate license which, subject to this chapter and other applicable provisions of law, shall entitle the licensee to transport, ship, and receive firearms and ammunition covered by such license in interstate or foreign commerce during the period stated in the license. Nothing in this chapter shall be construed to prohibit a licensed manufacturer, importer, or dealer from maintaining and disposing of a personal collection of firearms, subject only to such restrictions as apply in this chapter to dispositions by a person other than a licensed manufacturer, importer, or dealer. If any firearm is so disposed of by a licensee within one year after its transfer from his business inventory into such licensee’s personal collection or if such disposition or any other acquisition is made for the purpose of willfully evading the restrictions placed upon licensees by this chapter, then such firearm shall be deemed part of such licensee’s business inventory, except that any licensed manufacturer, importer, or dealer who has maintained a firearm as part of a personal collection for one year and who sells or otherwise disposes of such firearm shall record the description of the firearm in a bound volume, containing the name and place of residence and date of birth of the transferee if the transferee is an individual, or the identity and principal and local places of business of the transferee if the transferee is a corporation or other business entity, but no other recordkeeping shall be required. (d) Requirements for granting (1) Any application submitted under subsection (a) or (b) of this section shall be approved if— (A) the applicant is twenty-one years of age or over; (B) the applicant (including, in the case of a corporation, partnership, or association, any individual possessing, directly or indirectly, the power to direct or cause the direction of the management and policies of the corporation, partnership, or association) is not prohibited from transporting, shipping, or receiving firearms or ammunition in interstate or foreign commerce under section 582(g) and (n); (C) the applicant has not willfully violated any of the provisions of this subchapter or regulations issued thereunder; (D) the applicant has not willfully failed to disclose any material information required, or has not made any false statement as to any material fact, in connection with his application; (E) the applicant has in a State (i) premises from which he conducts business subject to license under this chapter or from which he intends to conduct such business within a reasonable period of time, or (ii) in the case of a collector, premises from which he conducts his collecting subject to license under this chapter or from which he intends to conduct such collecting within a reasonable period of time; (F) the applicant certifies that— (i) the business to be conducted under the license is not prohibited by State or local law in the place where the licensed premise is located; (ii) (I) within 30 days after the application is approved the business will comply with the requirements of State and local law applicable to the conduct of the business; and (II) the business will not be conducted under the license until the requirements of State and local law applicable to the business have been met; and (iii) that the applicant has sent or delivered a form to be prescribed by the Attorney General, to the chief law enforcement officer of the locality in which the premises are located, which indicates that the applicant intends to apply for a Federal firearms license; and (G) in the case of an application to be licensed as a dealer, the applicant certifies that secure gun storage or safety devices will be available at any place in which firearms are sold under the license to persons who are not licensees (subject to the exception that in any case in which a secure gun storage or safety device is temporarily unavailable because of theft, casualty loss, consumer sales, backorders from a manufacturer, or any other similar reason beyond the control of the licensee, the dealer shall not be considered to be in violation of the requirement under this subparagraph to make available such a device). (2) The Attorney General must approve or deny an application for a license within the 60-day period beginning on the date it is received. If the Attorney General fails to act within such period, the applicant may file an action under section 1361 of title 28 to compel the Attorney General to act. If the Attorney General approves an applicant’s application, such applicant shall be issued a license upon the payment of the prescribed fee. (e) Revocation The Attorney General may, after notice and opportunity for hearing, revoke any license issued under this section if the holder of such license has willfully violated any provision of this subchapter or any rule or regulation prescribed by the Attorney General under this chapter or fails to have secure gun storage or safety devices available at any place in which firearms are sold under the license to persons who are not licensees (except that in any case in which a secure gun storage or safety device is temporarily unavailable because of theft, casualty loss, consumer sales, backorders from a manufacturer, or any other similar reason beyond the control of the licensee, the dealer shall not be considered to be in violation of the requirement to make available such a device). The Attorney General may, after notice and opportunity for hearing, revoke the license of a dealer who willfully transfers armor piercing ammunition. The Attorney General’s action under this subsection may be reviewed only as provided in subsection (f) of this section. (f) Adverse actions (1) Any person whose application for a license is denied and any holder of a license which is revoked shall receive a written notice from the Attorney General stating specifically the grounds upon which the application was denied or upon which the license was revoked. Any notice of a revocation of a license shall be given to the holder of such license before the effective date of the revocation. (2) If the Attorney General denies an application for, or revokes, a license, he shall, upon request by the aggrieved party, promptly hold a hearing to review his denial or revocation. In the case of a revocation of a license, the Attorney General shall upon the request of the holder of the license stay the effective date of the revocation. A hearing held under this paragraph shall be held at a location convenient to the aggrieved party. (3) If after a hearing held under paragraph (2) the Attorney General decides not to reverse his decision to deny an application or revoke a license, the Attorney General shall give notice of his decision to the aggrieved party. The aggrieved party may at any time within sixty days after the date notice was given under this paragraph file a petition with the United States district court for the district in which he resides or has his principal place of business for a de novo judicial review of such denial or revocation. In a proceeding conducted under this subsection, the court may consider any evidence submitted by the parties to the proceeding whether or not such evidence was considered at the hearing held under paragraph (2). If the court decides that the Attorney General was not authorized to deny the application or to revoke the license, the court shall order the Attorney General to take such action as may be necessary to comply with the judgment of the court. (4) If criminal proceedings are instituted against a licensee alleging any violation of this subchapter or of rules or regulations prescribed under this subchapter, and the licensee is acquitted of such charges, or such proceedings are terminated, other than upon motion of the Government before trial upon such charges, the Attorney General shall be absolutely barred from denying or revoking any license granted under this chapter where such denial or revocation is based in whole or in part on the facts which form the basis of such criminal charges. No proceedings for the revocation of a license shall be instituted by the Attorney General more than one year after the filing of the indictment or information. (g) Recordkeeping (1) (A) Each licensed importer, licensed manufacturer, and licensed dealer shall maintain such records of importation, production, shipment, receipt, sale, or other disposition of firearms at his place of business for such period, and in such form, as the Attorney General may by regulations prescribe. Such importers, manufacturers, and dealers shall not be required to submit to the Attorney General reports and information with respect to such records and the contents thereof, except as expressly required by this section. The Attorney General, when he has reasonable cause to believe a violation of this subchapter has occurred and that evidence thereof may be found on such premises, may, upon demonstrating such cause before a Federal magistrate judge and securing from such magistrate judge a warrant authorizing entry, enter during business hours the premises (including places of storage) of any licensed firearms importer, licensed manufacturer, licensed dealer, licensed collector, or any licensed importer or manufacturer of ammunition, for the purpose of inspecting or examining— (i) any records or documents required to be kept by such licensed importer, licensed manufacturer, licensed dealer, or licensed collector under this chapter or rules or regulations under this chapter, and (ii) any firearms or ammunition kept or stored by such licensed importer, licensed manufacturer, licensed dealer, or licensed collector, at such premises. (B) The Attorney General may inspect or examine the inventory and records of a licensed importer, licensed manufacturer, or licensed dealer without such reasonable cause or warrant— (i) in the course of a reasonable inquiry during the course of a criminal investigation of a person or persons other than the licensee; (ii) for ensuring compliance with the record keeping requirements of this subchapter— (I) not more than once during any 12-month period; or (II) at any time with respect to records relating to a firearm involved in a criminal investigation that is traced to the licensee; or (iii) when such inspection or examination may be required for determining the disposition of one or more particular firearms in the course of a bona fide criminal investigation. (C) The Attorney General may inspect the inventory and records of a licensed collector without such reasonable cause or warrant— (i) for ensuring compliance with the record keeping requirements of this subchapter not more than once during any twelve-month period; or (ii) when such inspection or examination may be required for determining the disposition of one or more particular firearms in the course of a bona fide criminal investigation. (D) At the election of a licensed collector, the annual inspection of records and inventory permitted under this paragraph shall be performed at the office of the Attorney General designated for such inspections which is located in closest proximity to the premises where the inventory and records of such licensed collector are maintained. The inspection and examination authorized by this paragraph shall not be construed as authorizing the Attorney General to seize any records or other documents other than those records or documents constituting material evidence of a violation of law. If the Attorney General seizes such records or documents, copies shall be provided the licensee within a reasonable time. The Attorney General may make available to any Federal, State, or local law enforcement agency any information which he may obtain by reason of this subchapter with respect to the identification of persons prohibited from purchasing or receiving firearms or ammunition who have purchased or received firearms or ammunition, together with a description of such firearms or ammunition, and he may provide information to the extent such information may be contained in the records required to be maintained by this chapter, when so requested by any Federal, State, or local law enforcement agency. (2) Each licensed collector shall maintain in a bound volume the nature of which the Attorney General may by regulations prescribe, records of the receipt, sale, or other disposition of firearms. Such records shall include the name and address of any person to whom the collector sells or otherwise disposes of a firearm. Such collector shall not be required to submit to the Attorney General reports and information with respect to such records and the contents thereof, except as expressly required by this section. (3) (A) Each licensee shall prepare a report of multiple sales or other dispositions whenever the licensee sells or otherwise disposes of, at one time or during any five consecutive business days, two or more pistols, or revolvers, or any combination of pistols and revolvers totalling two or more, to an unlicensed person. The report shall be prepared on a form specified by the Attorney General and forwarded to the office specified thereon and to the department of State police or State law enforcement agency of the State or local law enforcement agency of the local jurisdiction in which the sale or other disposition took place, not later than the close of business on the day that the multiple sale or other disposition occurs. (B) Except in the case of forms and contents thereof regarding a purchaser who is prohibited by subsection (g) or (n) of section 582 from receipt of a firearm, the department of State police or State law enforcement agency or local law enforcement agency of the local jurisdiction shall not disclose any such form or the contents thereof to any person or entity, and shall destroy each such form and any record of the contents thereof no more than 20 days from the date such form is received. No later than the date that is 6 months after the effective date of this subparagraph, and at the end of each 6-month period thereafter, the department of State police or State law enforcement agency or local law enforcement agency of the local jurisdiction shall certify to the Attorney General of the United States that no disclosure contrary to this subparagraph has been made and that all forms and any record of the contents thereof have been destroyed as provided in this subparagraph. (4) Where a firearms or ammunition business is discontinued and succeeded by a new licensee, the records required to be kept by this chapter shall appropriately reflect such facts and shall be delivered to the successor. Where discontinuance of the business is absolute, such records shall be delivered within thirty days after the business discontinuance to the Attorney General. However, where State law or local ordinance requires the delivery of records to other responsible authority, the Attorney General may arrange for the delivery of such records to such other responsible authority. (5) (A) Each licensee shall, when required by letter issued by the Attorney General, and until notified to the contrary in writing by the Attorney General, submit on a form specified by the Attorney General, for periods and at the times specified in such letter, all record information required to be kept by this chapter or such lesser record information as the Attorney General in such letter may specify. (B) The Attorney General may authorize such record information to be submitted in a manner other than that prescribed in subparagraph (A) of this paragraph when it is shown by a licensee that an alternate method of reporting is reasonably necessary and will not unduly hinder the effective administration of this subchapter. A licensee may use an alternate method of reporting if the licensee describes the proposed alternate method of reporting and the need therefor in a letter application submitted to the Attorney General, and the Attorney General approves such alternate method of reporting. (6) Each licensee shall report the theft or loss of a firearm from the licensee’s inventory or collection, within 48 hours after the theft or loss is discovered, to the Attorney General and to the appropriate local authorities. (7) Each licensee shall respond immediately to, and in no event later than 24 hours after the receipt of, a request by the Attorney General for information contained in the records required to be kept by this chapter as may be required for determining the disposition of 1 or more firearms in the course of a bona fide criminal investigation. The requested information shall be provided orally or in writing, as the Attorney General may require. The Attorney General shall implement a system whereby the licensee can positively identify and establish that an individual requesting information via telephone is employed by and authorized by the agency to request such information. (h) Posting Licenses issued under subsection (c) of this section shall be kept posted and kept available for inspection on the premises covered by the license. (i) Serial numbers Licensed importers and licensed manufacturers shall identify by means of a serial number engraved or cast on the receiver or frame of the weapon, in such manner as the Attorney General shall by regulations prescribe, each firearm imported or manufactured by such importer or manufacturer. (j) Temporary locations A licensed importer, licensed manufacturer, or licensed dealer may, under rules or regulations prescribed by the Attorney General, conduct business temporarily at a location other than the location specified on the license if such temporary location is the location for a gun show or event sponsored by any national, State, or local organization, or any affiliate of any such organization devoted to the collection, competitive use, or other sporting use of firearms in the community, and such location is in the State which is specified on the license. Records of receipt and disposition of firearms transactions conducted at such temporary location shall include the location of the sale or other disposition and shall be entered in the permanent records of the licensee and retained on the location specified on the license. Nothing in this subsection shall authorize any licensee to conduct business in or from any motorized or towed vehicle. Notwithstanding subsection (a) of this section, a separate fee shall not be required of a licensee with respect to business conducted under this subsection. Any inspection or examination of inventory or records under this chapter by the Attorney General at such temporary location shall be limited to inventory consisting of, or records relating to, firearms held or disposed at such temporary location. Nothing in this subsection shall be construed to authorize the Attorney General to inspect or examine the inventory or records of a licensed importer, licensed manufacturer, or licensed dealer at any location other than the location specified on the license. Nothing in this subsection shall be construed to diminish in any manner any right to display, sell, or otherwise dispose of firearms or ammunition, which is in effect before the date of the enactment of the Firearms Owners’ Protection Act, including the right of a licensee to conduct curios or relics firearms transfers and business away from their business premises with another licensee without regard as to whether the location of where the business is conducted is located in the State specified on the license of either licensee. (k) Marking of armor piercing projectiles and packages Licensed importers and licensed manufacturers shall mark all armor piercing projectiles and packages containing such projectiles for distribution in the manner prescribed by the Attorney General by regulation. The Attorney General shall furnish information to each dealer licensed under this chapter defining which projectiles are considered armor piercing ammunition. (l) Notification The Attorney General shall notify the chief law enforcement officer in the appropriate State and local jurisdictions of the names and addresses of all persons in the State to whom a firearms license is issued. 584. Penalties (a) In general (1) Except as otherwise provided in this subsection, subsection (b), (c), (f), or (p) of this section, or in section 592, whoever— (A) knowingly makes any false statement or representation with respect to the information required by this chapter to be kept in the records of a person licensed under this chapter or in applying for any license or exemption or relief from disability under this chapter; (B) knowingly violates subsection (a)(4), (f), (k), or (q) of section 582; (C) knowingly imports or brings into the United States or any possession thereof any firearm or ammunition in violation of section 582(l); or (D) knowingly violates any other provision of this subchapter, shall be imprisoned not more than five years. (2) Whoever knowingly violates subsection (a)(6), (d), (g), (h), (i), (j), or (o) of section 582 shall be imprisoned not more than 10 years. (3) Any licensed dealer, licensed importer, licensed manufacturer, or licensed collector who knowingly— (A) makes any false statement or representation with respect to the information required by this chapter to be kept in the records of a person licensed under this chapter, or (B) violates subsection (m) of section 582, shall be imprisoned not more than one year. (4) Whoever violates section 582(q) shall be imprisoned for not more than 5 years. Notwithstanding any other provision of law, the term of imprisonment imposed under this paragraph shall not run concurrently with any other term of imprisonment imposed under any other provision of law. Except for the authorization of a term of imprisonment of not more than 5 years made in this paragraph, for the purpose of any other law a violation of section 582(q) shall be deemed to be a misdemeanor. (5) Whoever knowingly violates subsection (s) or (t) of section 582 shall be imprisoned for not more than 1 year. (6) (A) (i) A juvenile who violates section 582(x) shall be imprisoned not more than 1 year, except that a juvenile described in clause (ii) shall be sentenced to probation on appropriate conditions and shall not be incarcerated unless the juvenile fails to comply with a condition of probation. (ii) A juvenile is described in this clause if— (I) the offense of which the juvenile is charged is possession of a handgun or ammunition in violation of section 582(x)(2); and (II) the juvenile has not been convicted in any court of an offense (including an offense under section 582(x) or a similar State law, but not including any other offense consisting of conduct that if engaged in by an adult would not constitute an offense) or adjudicated as a juvenile delinquent for conduct that if engaged in by an adult would constitute an offense. (B) A person other than a juvenile who knowingly violates section 582(x)— (i) shall be imprisoned not more than 1 year; and (ii) if the person sold, delivered, or otherwise transferred a handgun or ammunition to a juvenile knowing or having reasonable cause to know that the juvenile intended to carry or otherwise possess or discharge or otherwise use the handgun or ammunition in the commission of a crime of violence, shall be imprisoned not more than 10 years. (7) Whoever knowingly violates section 594 shall be imprisoned not more than 3 years. (b) Transport with intent Whoever, with intent to commit therewith an offense punishable by imprisonment for a term exceeding one year, or with knowledge or reasonable cause to believe that an offense punishable by imprisonment for a term exceeding one year is to be committed therewith, ships, transports, or receives a firearm or any ammunition in interstate or foreign commerce shall be imprisoned not more than ten years. (c) Minimum mandatory penalties (1) (A) Except to the extent that a greater minimum sentence is otherwise provided by this subsection or by any other provision of law, whoever, during and in relation to any crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime that provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which the person may be prosecuted in a court of the United States, uses or carries a firearm, or who, in furtherance of any such crime, possesses a firearm, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime— (i) be sentenced to a term of imprisonment of not less than 5 years; (ii) if the firearm is brandished, be sentenced to a term of imprisonment of not less than 7 years; and (iii) if the firearm is discharged, be sentenced to a term of imprisonment of not less than 10 years. (B) If the firearm possessed by a person convicted of a violation of this subsection— (i) is a short-barreled rifle, short-barreled shotgun, or semiautomatic assault weapon, the person shall be sentenced to a term of imprisonment of not less than 10 years; or (ii) is a machinegun or a destructive device, or is equipped with a firearm silencer or firearm muffler, the person shall be sentenced to a term of imprisonment of not less than 30 years. (C) In the case of a second or subsequent conviction under this subsection, the person shall— (i) be sentenced to a term of imprisonment of not less than 25 years; and (ii) if the firearm involved is a machinegun or a destructive device, or is equipped with a firearm silencer or firearm muffler, be sentenced to imprisonment for life. (D) Notwithstanding any other provision of law— (i) a court shall not place on probation any person convicted of a violation of this subsection; and (ii) no term of imprisonment imposed on a person under this subsection shall run concurrently with any other term of imprisonment imposed on the person, including any term of imprisonment imposed for the crime of violence or drug trafficking crime during which the firearm was used, carried, or possessed. (2) For purposes of this subsection, the term drug trafficking crime means any felony punishable under chapter 17 of this title or chapter 705 of title 46. (3) For purposes of this subsection the term crime of violence means an offense that is a felony and— (A) has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or (B) that by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense. (4) For purposes of this subsection, the term brandish means, with respect to a firearm, to display all or part of the firearm, or otherwise make the presence of the firearm known to another person, in order to intimidate that person, regardless of whether the firearm is directly visible to that person. (5) Except to the extent that a greater minimum sentence is otherwise provided under this subsection, or by any other provision of law, whoever, during and in relation to any crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime that provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which the person may be prosecuted in a court of the United States, uses or carries armor piercing ammunition, or who, in furtherance of any such crime, possesses armor piercing ammunition, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime or conviction under this section— (A) be sentenced to a term of imprisonment of not less than 15 years; and (B) if death results from the use of such ammunition be punished as provided in section 101. (d) Forfeiture (1) Any firearm or ammunition involved in or used in any knowing violation of subsection (a)(4), (a)(6), (f), (g), (h), (i), (j), or (k) of section 582, or knowing importation or bringing into the United States or any possession thereof any firearm or ammunition in violation of section 582(l), or knowing violation of section 584, or willful violation of any other provision of this subchapter or any rule or regulation promulgated thereunder, or any violation of any other criminal law of the United States, or any firearm or ammunition intended to be used in any offense referred to in paragraph (3) of this subsection, where such intent is demonstrated by clear and convincing evidence, shall be subject to seizure and forfeiture, and all provisions of the Internal Revenue Code of 1986 relating to the seizure, forfeiture, and disposition of firearms, as defined in section 5845(a) of that Code, shall, so far as applicable, extend to seizures and forfeitures under this subchapter, but upon acquittal of the owner or possessor, or dismissal of the charges against that defendant other than upon motion of the Government prior to trial, or lapse of or court termination of the restraining order to which he is subject, the seized or relinquished firearms or ammunition shall be returned forthwith to the owner or possessor or to a person delegated by the owner or possessor unless the return of the firearms or ammunition would place the owner or possessor or his delegate in violation of law. Any action or proceeding for the forfeiture of firearms or ammunition shall be commenced within one hundred and twenty days of such seizure. (2) (A) In any action or proceeding for the return of firearms or ammunition seized under this chapter, the court shall allow the prevailing party, other than the United States, a reasonable attorney’s fee, and the United States shall be liable therefor. (B) In any other action or proceeding under this chapter, the court, when it finds that such action was without foundation, or was initiated vexatiously, frivolously, or in bad faith, shall allow the prevailing party, other than the United States, a reasonable attorney’s fee, and the United States shall be liable therefor. (C) Only those firearms or quantities of ammunition particularly named and individually identified as involved in or used in any violation of this subchapter or any rule or regulation issued thereunder, or any other criminal law of the United States or as intended to be used in any offense referred to in paragraph (3) of this subsection, where such intent is demonstrated by clear and convincing evidence, shall be subject to seizure, forfeiture, and disposition. (D) The United States shall be liable for attorneys’ fees under this paragraph only to the extent provided in advance by appropriation Acts. (3) The offenses referred to in paragraphs (1) and (2)(C) of this subsection are— (A) any crime of violence, as that term is defined in section 584(c)(3); (B) any offense punishable under chapter 17; (C) any offense described in section 582(a)(1), 582(a)(3), 582(a)(5), or 582(b)(3), where the firearm or ammunition intended to be used in any such offense is involved in a pattern of activities which includes a violation of any offense described in section 582(a)(1), 582(a)(3), 582(a)(5), or 582(b)(3); (D) any offense described in section 582(d) where the firearm or ammunition is intended to be used in such offense by the transferor of such firearm or ammunition; (E) any offense described in section 582(i), 582(j), 582(l), 582(n), or 584(b); and (F) any offense which may be prosecuted in a court of the United States which involves the exportation of firearms or ammunition. (e) Minimum mandatory for certain offenses (1) In the case of a person who violates section 582(g) and has three previous convictions by any court referred to in section 582(g)(1) for a violent felony or a serious drug offense, or both, committed on occasions different from one another, such person shall be imprisoned not less than fifteen years, and, notwithstanding any other provision of law, the court shall not suspend the sentence of, or grant a probationary sentence to, such person with respect to the conviction under section 582(g). (2) As used in this subsection— (A) the term serious drug offense means— (i) an offense under chapter 17 or the Maritime Drug Law Enforcement Act for which a maximum term of imprisonment of ten years or more is prescribed by law; or (ii) an offense under State law, involving manufacturing, distributing, or possessing with intent to manufacture or distribute, a controlled substance, for which a maximum term of imprisonment of ten years or more is prescribed by law; (B) the term violent felony means any crime punishable by imprisonment for a term exceeding one year, or any act of juvenile delinquency involving the use or carrying of a firearm, knife, or destructive device that would be punishable by imprisonment for such term if committed by an adult, that— (i) has as an element the use, attempted use, or threatened use of physical force against the person of another; or (ii) is burglary, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another; and (C) the term conviction includes a finding that a person has committed an act of juvenile delinquency involving a violent felony. (f) 582( p ) violations In the case of a person who knowingly violates section 582(p), such person shall be or imprisoned not more than 5 years. (g) Travel with intent Whoever, with the intent to engage in conduct which— (1) constitutes an offense listed in section 511(1), (2) is punishable under chapter 17 or the Maritime Drug Law Enforcement Act, (3) violates any State law relating to any controlled substance, or (4) constitutes a crime of violence (as defined in subsection (c)(3)), travels from any State or foreign country into any other State and acquires, transfers, or attempts to acquire or transfer, a firearm in such other State in furtherance of such purpose, shall be imprisoned not more than 10 years. (h) Transfer with knowledge Whoever knowingly transfers a firearm, knowing that such firearm will be used to commit a crime of violence (as defined in subsection (c)(3)) or drug trafficking crime (as defined in subsection (c)(2)) shall be imprisoned not more than 10 years. (i) 582( u ) violations (1) A person who knowingly violates section 582(u) shall be imprisoned not more than 10 years. (2) Nothing contained in this subsection shall be construed as indicating an intent on the part of Congress to occupy the field in which provisions of this subsection operate to the exclusion of State laws on the same subject matter, nor shall any provision of this subsection be construed as invalidating any provision of State law unless such provision is inconsistent with any of the purposes of this subsection. (j) Causing death A person who, in the course of a violation of subsection (c), causes the death of a person through the use of a firearm, shall— (1) if the killing is a murder (as defined in section 101), be punished by death or by imprisonment for any term of years or for life; and (2) if the killing is manslaughter (as defined in section 101), be punished as provided in section 104. (k) Drug-Related offenses A person who, with intent to engage in or to promote conduct that— (1) is punishable under chapter 17 or the Maritime Drug Law Enforcement Act; (2) violates any law of a State relating to any controlled substance; or (3) constitutes a crime of violence (as defined in subsection (c)(3)), smuggles or knowingly brings into the United States a firearm, or attempts to do so, shall be imprisoned not more than 10 years. (l) Theft of firearms related to commerce A person who steals any firearm which is moving as, or is a part of, or which has moved in, interstate or foreign commerce shall be imprisoned for not more than 10 years. (m) Theft of firearms from licensees A person who steals any firearm from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector shall be imprisoned not more than 10 years. (n) Travel with intent A person who, with the intent to engage in conduct that constitutes a violation of section 582(a)(1)(A), travels from any State or foreign country into any other State and acquires, or attempts to acquire, a firearm in such other State in furtherance of such purpose shall be imprisoned for not more than 10 years. (o) Conspiracy A person who conspires to commit an offense under subsection (c) shall be imprisoned for not more than 20 years; and if the firearm is a machinegun or destructive device, or is equipped with a firearm silencer or muffler, shall be imprisoned for any term of years or life. (p) Penalties relating to secure gun storage or safety device (1) In general (A) Suspension or revocation of license; civil penalties With respect to each violation of section 582(x)(1) by a licensed manufacturer, licensed importer, or licensed dealer, the Secretary may, after notice and opportunity for hearing— (i) suspend for not more than 6 months, or revoke, the license issued to the licensee under this chapter that was used to conduct the firearms transfer; or (ii) subject the licensee to a civil penalty in an amount equal to not more than $2,500. (B) Review An action of the Secretary under this paragraph may be reviewed only as provided under section 583(f). (2) Administrative remedies The suspension or revocation of a license or the imposition of a civil penalty under paragraph (1) does not preclude any administrative remedy that is otherwise available to the Secretary. 585. Exceptions; relief from disabilities (a) (1) To United States agencies This chapter, except sections 582(d)(9) and 582(g)(9) and provisions relating to firearms subject to the prohibitions of section 582(p), does not apply with respect to the transportation, shipment, receipt, possession, or importation of any firearm or ammunition imported for, sold or shipped to, or issued for the use of, the United States or any department or agency thereof or any State or any department, agency, or political subdivision thereof. (2) This chapter, except for provisions relating to firearms subject to the prohibitions of section 582(p), does not apply with respect to (A) the shipment or receipt of firearms or ammunition when sold or issued by the Secretary of the Army pursuant to section 4308 of title 10 before the repeal of such section by section 1624(a) of the Corporation for the Promotion of Rifle Practice and Firearms Safety Act, and (B) the transportation of any such firearm or ammunition carried out to enable a person, who lawfully received such firearm or ammunition from the Secretary of the Army, to engage in military training or in competitions. (3) Unless otherwise prohibited by this chapter, except for provisions relating to firearms subject to the prohibitions of section 582(p), or any other Federal law, a licensed importer, licensed manufacturer, or licensed dealer may ship to a member of the United States Armed Forces on active duty outside the United States or to clubs, recognized by the Department of Defense, whose entire membership is composed of such members, and such members or clubs may receive a firearm or ammunition determined by the Attorney General to be generally recognized as particularly suitable for sporting purposes and intended for the personal use of such member or club. (4) When established to the satisfaction of the Attorney General to be consistent with this chapter, except for provisions relating to firearms subject to the prohibitions of section 582(p), and other applicable Federal and State laws and published ordinances, the Attorney General may authorize the transportation, shipment, receipt, or importation into the United States to the place of residence of any member of the United States Armed Forces who is on active duty outside the United States (or who has been on active duty outside the United States within the 60-day period immediately preceding the transportation, shipment, receipt, or importation), of any firearm or ammunition which is (A) determined by the Attorney General to be generally recognized as particularly suitable for sporting purposes, or determined by the Department of Defense to be a type of firearm normally classified as a war souvenir, and (B) intended for the personal use of such member. (5) For the purpose of paragraph (3), the term United States means each of the several States and the District of Columbia. (b) Continuation of operation A licensed importer, licensed manufacturer, licensed dealer, or licensed collector who is indicted for a crime punishable by imprisonment for a term exceeding one year, may, notwithstanding any other provision of this subchapter, continue operation pursuant to his existing license (if prior to the expiration of the term of the existing license timely application is made for a new license) during the term of such indictment and until any conviction pursuant to the indictment becomes final. (c) Relief from disability A person who is prohibited from possessing, shipping, transporting, or receiving firearms or ammunition may make application to the Attorney General for relief from the disabilities imposed by Federal laws with respect to the acquisition, receipt, transfer, shipment, transportation, or possession of firearms, and the Attorney General may grant such relief if it is established to his satisfaction that the circumstances regarding the disability, and the applicant’s record and reputation, are such that the applicant will not be likely to act in a manner dangerous to public safety and that the granting of the relief would not be contrary to the public interest. Any person whose application for relief from disabilities is denied by the Attorney General may file a petition with the United States district court for the district in which he resides for a judicial review of such denial. The court may in its discretion admit additional evidence where failure to do so would result in a miscarriage of justice. A licensed importer, licensed manufacturer, licensed dealer, or licensed collector conducting operations under this chapter, who makes application for relief from the disabilities incurred under this chapter, shall not be barred by such disability from further operations under his license pending final action on an application for relief filed pursuant to this section. Whenever the Attorney General grants relief to any person pursuant to this section he shall promptly publish in the Federal Register notice of such action, together with the reasons therefor. (d) Authorization of import The Attorney General shall authorize a firearm or ammunition to be imported or brought into the United States or any possession thereof if the firearm or ammunition— (1) is being imported or brought in for scientific or research purposes, or is for use in connection with competition or training pursuant to chapter 401 of title 10; (2) is an unserviceable firearm, other than a machinegun as defined in section 5845(b) of the Internal Revenue Code of 1986 (not readily restorable to firing condition), imported or brought in as a curio or museum piece; (3) is of a type that does not fall within the definition of a firearm as defined in section 5845(a) of the Internal Revenue Code of 1986 and is generally recognized as particularly suitable for or readily adaptable to sporting purposes, excluding surplus military firearms, except in any case where the Attorney General has not authorized the importation of the firearm pursuant to this paragraph, it shall be unlawful to import any frame, receiver, or barrel of such firearm which would be prohibited if assembled; or (4) was previously taken out of the United States or a possession by the person who is bringing in the firearm or ammunition. The Attorney General shall permit the conditional importation or bringing in of a firearm or ammunition for examination and testing in connection with the making of a determination as to whether the importation or bringing in of such firearm or ammunition will be allowed under this subsection. (e) Mandatory authorization Notwithstanding any other provision of this title, the Attorney General shall authorize the importation of, by any licensed importer, the following: (1) all rifles and shotguns listed as curios or relics by the Attorney General pursuant to section 581(11), and (2) all handguns, listed as curios or relics by the Attorney General pursuant to section 581(11), provided that such handguns are generally recognized as particularly suitable for or readily adaptable to sporting purposes. (f) Limitation on authorization The Attorney General shall not authorize, under subsection (d), the importation of any firearm the importation of which is prohibited by section 582(p). 586. Remedy for erroneous denial of firearm Any person denied a firearm pursuant to subsection (s) or (t) of section 582— (1) due to the provision of erroneous information relating to the person by any State or political subdivision thereof, or by the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act; or (2) who was not prohibited from receipt of a firearm pursuant to subsection (g) or (n) of section 582, may bring an action against the State or political subdivision responsible for providing the erroneous information, or responsible for denying the transfer, or against the United States, as the case may be, for an order directing that the erroneous information be corrected or that the transfer be approved, as the case may be. In any action under this section, the court, in its discretion, may allow the prevailing party a reasonable attorney’s fee as part of the costs. 587. Rules and regulations (a) In general The Attorney General may prescribe only such rules and regulations as are necessary to carry out this chapter, including— (1) regulations providing that a person licensed under this chapter, when dealing with another person so licensed, shall provide such other licensed person a certified copy of this license; (2) regulations providing for the issuance, at a reasonable cost, to a person licensed under this chapter, of certified copies of his license for use as provided under regulations issued under paragraph (1) of this subsection; and (3) regulations providing for effective receipt and secure storage of firearms relinquished by or seized from persons described in subsection (d)(8) or (g)(8) of section 582. No such rule or regulation prescribed after the date of the enactment of the Firearms Owners’ Protection Act may require that records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or dispositions be established. Nothing in this section expands or restricts the Attorney General’s authority to inquire into the disposition of any firearm in the course of a criminal investigation. (b) Notice The Attorney General shall give not less than ninety days public notice, and shall afford interested parties opportunity for hearing, before prescribing such rules and regulations. (c) Black powder The Attorney General shall not prescribe rules or regulations that require purchasers of black powder under the exemption provided in section 615 to complete affidavits or forms attesting to that exemption. 588. Interstate transportation of firearms Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle, but in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console. 589. Carrying of concealed firearms by qualified law enforcement officers (a) In general Notwithstanding any other provision of the law of any State or any political subdivision thereof, an individual who is a qualified law enforcement officer and who is carrying the identification required by subsection (c) may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce. (b) Definition of qualified law enforcement officer As used in this section, the term qualified law enforcement officer means an employee of a governmental agency who— (1) is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers of arrest or apprehension under section 807(b) of title 10, United States Code (article 7(b) of the Uniform Code of Military Justice); (2) is authorized by the agency to carry a firearm; (3) is not the subject of any disciplinary action by the agency which could result in suspension or loss of police powers; (4) meets standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm; (5) is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and (6) is not prohibited by Federal law from receiving a firearm. (c) Required identification The identification required by this subsection is the photographic identification issued by the governmental agency for which the individual is employed that identifies the employee as a police officer or law enforcement officer of the agency. (d) Definition of firearm As used in this section, the term firearm — (1) except as provided in this subsection, has the same meaning as in section 581; (2) includes ammunition not expressly prohibited by Federal law or subject to the National Firearms Act; and (3) does not include— (A) any machinegun; (B) any firearm silencer; and (C) any destructive device. (e) Certain governmental or quasigovernmental police agencies For the purposes of this section, a law enforcement officer of the Amtrak Police Department, a law enforcement officer of the Federal Reserve, or a law enforcement or police officer of the executive branch of the Federal Government qualifies as an employee of a governmental agency who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers of arrest or apprehension under section 807(b) of title 10, United States Code (article 7(b) of the Uniform Code of Military Justice). 590. Carrying of concealed firearms by qualified retired law enforcement officers (a) In general Notwithstanding any other provision of the law of any State or any political subdivision thereof, an individual who is a qualified retired law enforcement officer and who is carrying the identification required by subsection (c) may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce. (b) Definition of qualified retired law enforcement officer As used in this section, the term qualified retired law enforcement officer means an individual who— (1) separated from service in good standing from service with a public agency as a law enforcement officer; (2) before such separation, was authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and had statutory powers of arrest or apprehension under section 807(b) of title 10, United States Code (article 7(b) of the Uniform Code of Military Justice); (3) (A) before such separation, served as a law enforcement officer for an aggregate of 10 years or more; or (B) separated from service with such agency, after completing any applicable probationary period of such service, due to a service-connected disability, as determined by such agency; (4) during the most recent 12-month period, has met, at the expense of the individual, the standards for qualification in firearms training for active law enforcement officers, as determined by the former agency of the individual, the State in which the individual resides or, if the State has not established such standards, either a law enforcement agency within the State in which the individual resides or the standards used by a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within that State; (5) (A) has not been officially found by a qualified medical professional employed by the agency to be unqualified for reasons relating to mental health and as a result of this finding will not be issued the photographic identification as described in subsection (d)(1); or (B) has not entered into an agreement with the agency from which the individual is separating from service in which that individual acknowledges he or she is not qualified under this section for reasons relating to mental health and for those reasons will not receive or accept the photographic identification as described in subsection (d)(1); (6) is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and (7) is not prohibited by Federal law from receiving a firearm. (c) Identification The identification required by this subsection is— (1) a photographic identification issued by the agency from which the individual separated from service as a law enforcement officer that identifies the person as having been employed as a police officer or law enforcement officer and indicates that the individual has, not less recently than one year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the agency to meet the active duty standards for qualification in firearms training as established by the agency to carry a firearm of the same type as the concealed firearm; or (2) (A) a photographic identification issued by the agency from which the individual separated from service as a law enforcement officer that identifies the person as having been employed as a police officer or law enforcement officer; and (B) a certification issued by the State in which the individual resides or by a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within that State that indicates that the individual has, not less than 1 year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the State or a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within that State to have met— (i) the active duty standards for qualification in firearms training, as established by the State, to carry a firearm of the same type as the concealed firearm; or (ii) if the State has not established such standards, standards set by any law enforcement agency within that State to carry a firearm of the same type as the concealed firearm. (d) Additional definitions As used in this section— (1) the term firearm — (A) except as provided in this paragraph, has the same meaning as in section 581; (B) includes ammunition not expressly prohibited by Federal law or subject to the National Firearms Act; and (C) does not include— (i) any machinegun; (ii) any firearm silencer; and (iii) any destructive device; and (2) the term service with a public agency as a law enforcement officer includes service as a law enforcement officer of the Amtrak Police Department, service as a law enforcement officer of the Federal Reserve, or service as a law enforcement or police officer of the executive branch of the Federal Government. 591. Use of restricted ammunition (a) Offense (1) Whoever, during and in relation to the commission of a crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime which provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which he may be prosecuted in a court of the United States, uses or carries a firearm and is in possession of armor piercing ammunition capable of being fired in that firearm, shall, in addition to the punishment provided for the commission of such crime of violence or drug trafficking crime be sentenced to a term of imprisonment for not less than five years. (2) Definition For purposes of this subsection, the term drug trafficking crime means any felony punishable under chapter 17 of this title or chapter 705 of title 46. (b) Limitation on certain actions by court Notwithstanding any other provision of law, the court shall not suspend the sentence of any person convicted of a violation of this section, nor place the person on probation, nor shall the terms of imprisonment run concurrently with any other terms of imprisonment, including that imposed for the crime in which the armor piercing ammunition was used or possessed. 592. Possession of firearms and dangerous weapons in Federal facilities (a) In general Except as provided in subsection (d), whoever knowingly possesses or causes to be present a firearm or other dangerous weapon in a Federal facility (other than a Federal court facility), or attempts to do so, shall be imprisoned not more than 1 year. (b) Aggravated offense Whoever, with intent that a firearm or other dangerous weapon be used in the commission of a crime, knowingly possesses or causes to be present such firearm or dangerous weapon in a Federal facility, or attempts to do so, shall be imprisoned not more than 5 years. (c) Where killing results A person who kills any person in the course of a violation of subsection (a) or (b), or in the course of an attack on a Federal facility involving the use of a firearm or other dangerous weapon shall be punished as provided in subchapter A of chapter 10. (d) Subsection (a) does not apply to— (1) the lawful performance of official duties by an officer, agent, or employee of the United States, a State, or a political subdivision thereof, who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of law; (2) the possession of a firearm or other dangerous weapon by a Federal official or a member of the Armed Forces if such possession is authorized by law; or (3) the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes. (e) Court facility (1) Except as provided in paragraph (2), whoever knowingly possesses or causes to be present a firearm in a Federal court facility, or attempts to do so, shall be imprisoned not more than 2 years. (2) Paragraph (1) does not apply to conduct which is described in paragraph (1) or (2) of subsection (d). (f) Disclaimer Nothing in this section limits the power of a court of the United States to punish for contempt or to promulgate rules or orders regulating, restricting, or prohibiting the possession of weapons within any building housing such court or any of its proceedings, or upon any grounds appurtenant to such building. (g) Definitions As used in this section: (1) The term Federal facility means a building or part thereof owned or leased by the Federal Government, where Federal employees are regularly present for the purpose of performing their official duties. (2) The term dangerous weapon means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2½ inches in length. (3) The term Federal court facility means the courtroom, judges’ chambers, witness rooms, jury deliberation rooms, attorney conference rooms, prisoner holding cells, offices of the court clerks, the United States attorney, and the United States marshal, probation and parole offices, and adjoining corridors of any court of the United States. (h) Posting Notice of the provisions of subsections (a) and (b) shall be posted conspicuously at each public entrance to each Federal facility, and notice of subsection (e) shall be posted conspicuously at each public entrance to each Federal court facility, and no person shall be convicted of an offense under subsection (a) or (e) with respect to a Federal facility if such notice is not so posted at such facility, unless such person had actual notice of subsection (a) or (e), as the case may be. 593. Prohibition on purchase, ownership, or possession of body armor by violent felons (a) In general Except as provided in subsection (b), it shall be unlawful for a person to purchase, own, or possess body armor, if that person has been convicted of a felony that is— (1) a crime of violence; or (2) an offense under State law that would constitute a crime of violence under paragraph (1) if it occurred within the special maritime and territorial jurisdiction of the United States. (b) Affirmative defense (1) In general It shall be an affirmative defense under this section that— (A) the defendant obtained prior written certification from his or her employer that the defendant’s purchase, use, or possession of body armor was necessary for the safe performance of lawful business activity; and (B) the use and possession by the defendant were limited to the course of such performance. (2) Employer In this subsection, the term employer means any other individual employed by the defendant’s business that supervises defendant’s activity. If that defendant has no supervisor, prior written certification is acceptable from any other employee of the business. C EXPLOSIVES 601. Prohibited transactions involving nuclear materials. 601. Prohibited transactions involving nuclear materials (a) Offense Whoever, if one of the circumstances described in subsection (c) of this section occurs— (1) without lawful authority, intentionally receives, possesses, uses, transfers, alters, disposes of, or disperses any nuclear material or nuclear byproduct material and— (A) thereby knowingly causes the death of or serious bodily injury to any person or substantial damage to property or to the environment; or (B) circumstances exist, or have been represented to the defendant to exist, that are likely to cause the death or serious bodily injury to any person, or substantial damage to property or to the environment; (2) with intent to deprive another of nuclear material or nuclear byproduct material, knowingly— (A) takes and carries away nuclear material or nuclear byproduct material of another without authority; (B) makes an unauthorized use, disposition, or transfer, of nuclear material or nuclear byproduct material belonging to another; or (C) uses fraud and thereby obtains nuclear material or nuclear byproduct material belonging to another; (3) knowingly— (A) uses force; or (B) threatens or places another in fear that any person other than the actor will imminently be subject to bodily injury; and thereby takes nuclear material or nuclear byproduct material belonging to another from the person or presence of any other; (4) intentionally intimidates any person and thereby obtains nuclear material or nuclear byproduct material belonging to another; (5) with intent to compel any person, international organization, or governmental entity to do or refrain from doing any act, knowingly threatens to engage in conduct described in paragraph (2)(A) or (3) of this subsection; (6) knowingly threatens to use nuclear material or nuclear byproduct material to cause death or serious bodily injury to any person or substantial damage to property or to the environment under circumstances in which the threat may reasonably be understood as an expression of serious purposes; (7) attempts to commit an offense under paragraph (1), (2), (3), or (4) of this subsection; or (8) is a party to a conspiracy of two or more persons to commit an offense under paragraph (1), (2), (3), or (4) of this subsection, if any of the parties intentionally engages in any conduct in furtherance of such offense; shall be punished as provided in subsection (b) of this section. (b) Punishment The punishment for an offense under— (1) paragraphs (1) through (7) of subsection (a) of this section is— (A) a fine under this title; and (B) imprisonment— (i) for any term of years or for life (I) if, while committing the offense, the offender knowingly causes the death of any person; or (II) if, while committing an offense under paragraph (1) or (3) of subsection (a) of this section, the offender, under circumstances manifesting extreme indifference to the life of an individual, knowingly engages in any conduct and thereby recklessly causes the death of or serious bodily injury to any person; and (ii) for not more than 20 years in any other case; and (2) paragraph (8) of subsection (a) of this section is— (A) a fine under this title; and (B) imprisonment— (i) for not more than 20 years if the offense which is the object of the conspiracy is punishable under paragraph (1)(B)(i); and (ii) for not more than 10 years in any other case. (c) Circumstances The circumstances referred to in subsection (a) of this section are that— (1) the offense is committed in the United States or the special maritime and territorial jurisdiction of the United States, or the special aircraft jurisdiction of the United States (as defined in section 46501 of title 49); (2) an offender or a victim is— (A) a national of the United States; or (B) a United States corporation or other legal entity; (3) after the conduct required for the offense occurs the defendant is found in the United States, even if the conduct required for the offense occurs outside the United States; (4) the conduct required for the offense occurs with respect to the carriage of a consignment of nuclear material or nuclear byproduct material for peaceful purposes by any means of transportation intended to go beyond the territory of the state where the shipment originates beginning with the departure from a facility of the shipper in that state and ending with the arrival at a facility of the receiver within the state of ultimate destination and either of such states is the United States; or (5) either— (A) the governmental entity under subsection (a)(5) is the United States; or (B) the threat under subsection (a)(6) is directed at the United States. (d) Assistance in accordance with chapter 18 of title 10 The Attorney General may request assistance from the Secretary of Defense under chapter 18 of title 10 in the enforcement of this section and the Secretary of Defense may provide such assistance in accordance with chapter 18 of title 10, except that the Secretary of Defense may provide such assistance through any Department of Defense personnel. (e) Other assistance (1) The Attorney General may also request assistance from the Secretary of Defense under this subsection in the enforcement of this section. Notwithstanding section 292, the Secretary of Defense may, in accordance with other applicable law, provide such assistance to the Attorney General if— (A) an emergency situation exists (as jointly determined by the Attorney General and the Secretary of Defense in their discretion); and (B) the provision of such assistance will not adversely affect the military preparedness of the United States (as determined by the Secretary of Defense in such Secretary’s discretion). (2) As used in this subsection, the term emergency situation means a circumstance— (A) that poses a serious threat to the interests of the United States; and (B) in which— (i) enforcement of the law would be seriously impaired if the assistance were not provided; and (ii) civilian law enforcement personnel are not capable of enforcing the law. (3) Assistance under this section may include— (A) use of personnel of the Department of Defense to arrest persons and conduct searches and seizures with respect to violations of this section; and (B) such other activity as is incidental to the enforcement of this section, or to the protection of persons or property from conduct that violates this section. (4) The Secretary of Defense may require reimbursement as a condition of assistance under this section. (5) The Attorney General may delegate the Attorney General’s function under this subsection only to a Deputy, Associate, or Assistant Attorney General. (f) Definitions As used in this section— (1) the term nuclear material means material containing any— (A) plutonium; (B) uranium not in the form of ore or ore residue that contains the mixture of isotopes as occurring in nature; (C) enriched uranium, defined as uranium that contains the isotope 233 or 235 or both in such amount that the abundance ratio of the sum of those isotopes to the isotope 238 is greater than the ratio of the isotope 235 to the isotope 238 occurring in nature; or (D) uranium 233; (2) the term nuclear byproduct material means any material containing any radioactive isotope created through an irradiation process in the operation of a nuclear reactor or accelerator; (3) the term international organization means a public international organization designated as such pursuant to section 1 of the International Organizations Immunities Act or a public organization created pursuant to treaty or other agreement under international law as an instrument through or by which two or more foreign governments engage in some aspect of their conduct of international affairs; and (4) the term United States corporation or other legal entity means any corporation or other entity organized under the laws of the United States or any State of the United States. D IMPORTATION, MANUFACTURE, DISTRIBUTION, AND STORAGE OF EXPLOSIVE MATERIALS 611. Definitions. 612. Unlawful Acts. 613. Licenses and user permits. 614. Penalties. 615. Exceptions; relief from disabilities. 616. Additional powers of the Attorney General. 617. Rules and regulations. 611. Definitions In this subchapter the following definitions apply: (1) The term explosive materials means explosives, blasting agents, and detonators. (2) Except for the purposes of subsections (d), (e), (f), (g), (h), (i), and (j) of section 614, the term explosives means any chemical compound mixture, or device, the primary or common purpose of which is to function by explosion; the term includes, but is not limited to, dynamite and other high explosives, black powder, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord, and igniters. The Attorney General shall publish and revise at least annually in the Federal Register a list of these and any additional explosives which he determines to be within the coverage of this subchapter. For the purposes of subsections (d), (e), (f), (g), (h), and (i) of section 614, the term explosive is defined in subsection (j) of such section 614. (3) The term blasting agent means any material or mixture, consisting of fuel and oxidizer, intended for blasting, not otherwise defined as an explosive, if the finished product, as mixed for use or shipment, cannot be detonated by means of a numbered 8 test blasting cap when unconfined. (4) The term detonator means any device containing a detonating charge that is used for initiating detonation in an explosive; the term includes electric blasting caps of instantaneous and delay types, blasting caps for use with safety fuses and detonating-cord delay connectors. (5) The term importer means any person engaged in the business of importing or bringing explosive materials into the United States for purposes of sale or distribution. (6) The term manufacturer means any person engaged in the business of manufacturing explosive materials for purposes of sale or distribution or for that person’s own use. (7) The term dealer means any person engaged in the business of distributing explosive materials at wholesale or retail. (8) The term permittee means any user of explosives for a lawful purpose, who has obtained either a user permit or a limited permit under this chapter. (9) The term Attorney General means the Attorney General of the United States. (10) The term crime punishable by imprisonment for a term exceeding one year does not mean (A) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices as the Attorney General may by regulation designate, or (B) any State offense (other than one involving a firearm or explosive) classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less. (11) The term licensee means any importer, manufacturer, or dealer licensed under this chapter. (12) The term distribute means sell, issue, give, transfer, or otherwise dispose of. (13) The term convention on the Marking of Plastic Explosives means the Convention on the Marking of Plastic Explosives for the Purpose of Detection, Done at Montreal on 1 March 1991. (14) The term detection agent means any one of the substances specified in this subsection when introduced into a plastic explosive or formulated in such explosive as a part of the manufacturing process in such a manner as to achieve homogeneous distribution in the finished explosive, including— (A) Ethylene glycol dinitrate (EGDN), C 2 H 4 (NO 3 ) 2 , molecular weight 152, when the minimum concentration in the finished explosive is 0.2 percent by mass; (B) 2,3–Dimethyl-2,3-dinitrobutane (DMNB); (C) Para-Mononitrotoluene (p-MNT), C 7 H 7 NO 2 , molecular weight 137, when the minimum concentration in the finished explosive is 0.5 percent by mass; (D) Ortho-Mononitrotoluene (o-MNT), C 7 H 7 NO 2 , molecular weight 137, when the minimum concentration in the finished explosive is 0.5 percent by mass; and (E) any other substance in the concentration specified by the Attorney General, after consultation with the Secretary of State and the Secretary of Defense, that has been added to the table in part 2 of the Technical Annex to the Convention on the Marking of Plastic Explosives. (15) The term plastic explosive means an explosive material in flexible or elastic sheet form formulated with one or more high explosives which in their pure form has a vapor pressure less than 10 -4 Pa at a temperature of 25°C, is formulated with a binder material, and is as a mixture malleable or flexible at normal room temperature. (16) The term alien means any person who is not a citizen or national of the United States. (17) The term responsible person means an individual who has the power to direct the management and policies of the applicant pertaining to explosive materials. (18) The term Indian tribe has the meaning given the term in section 102 of the Federally Recognized Indian Tribe List Act of 1994. 612. Unlawful Acts (a) Regulatory requirements It shall be unlawful for any person— (1) to engage in the business of importing, manufacturing, or dealing in explosive materials without a license issued under this chapter; (2) knowingly to withhold information or to make any false or fictitious oral or written statement or to furnish or exhibit any false, fictitious, or misrepresented identification, intended or likely to deceive for the purpose of obtaining explosive materials, or a license, permit, exemption, or relief from disability under this chapter; (3) other than a licensee or permittee knowingly— (A) to transport, ship, cause to be transported, or receive any explosive materials; or (B) to distribute explosive materials to any person other than a licensee or permittee; or (4) who is a holder of a limited permit— (A) to transport, ship, cause to be transported, or receive in interstate or foreign commerce any explosive materials; or (B) to receive explosive materials from a licensee or permittee, whose premises are located outside the State of residence of the limited permit holder, or on more than 6 separate occasions, during the period of the permit, to receive explosive materials from 1 or more licensees or permittees whose premises are located within the State of residence of the limited permit holder. (b) Distribution to unregulated persons It shall be unlawful for any licensee or permittee to knowingly distribute any explosive materials to any person other than— (1) a licensee; (2) a holder of a user permit; or (3) a holder of a limited permit who is a resident of the State where distribution is made and in which the premises of the transferor are located. (c) Distribution in violation of State requirements It shall be unlawful for any licensee to distribute explosive materials to any person who the licensee has reason to believe intends to transport such explosive materials into a State where the purchase, possession, or use of explosive materials is prohibited or which does not permit its residents to transport or ship explosive materials into it or to receive explosive materials in it. (d) Distribution to prohibited classes of persons It shall be unlawful for any person knowingly to distribute explosive materials to any individual who— (1) is under twenty-one years of age; (2) has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year; (3) is under indictment for a crime punishable by imprisonment for a term exceeding one year; (4) is a fugitive from justice; (5) is an unlawful user of or addicted to any controlled substance; (6) has been adjudicated a mental defective or who has been committed to a mental institution; (7) is an alien, other than an alien who— (A) is lawfully admitted for permanent residence (as defined in section 101(a)(20) of the Immigration and Nationality Act ); (B) is in lawful nonimmigrant status, is a refugee admitted under section 207 of the Immigration and Nationality Act , or is in asylum status under section 208 of that Act, and— (i) is a foreign law enforcement officer of a friendly foreign government, as determined by the Attorney General in consultation with the Secretary of State, entering the United States on official law enforcement business, and the shipping, transporting, possession, or receipt of explosive materials is in furtherance of this official law enforcement business; or (ii) is a person having the power to direct or cause the direction of the management and policies of a corporation, partnership, or association licensed pursuant to section 613(a), and the shipping, transporting, possession, or receipt of explosive materials is in furtherance of such power; (C) is a member of a North Atlantic Treaty Organization (NATO) or other friendly foreign military force, as determined by the Attorney General in consultation with the Secretary of Defense, who is present in the United States under military orders for training or other military purpose authorized by the United States and the shipping, transporting, possession, or receipt of explosive materials is in furtherance of the authorized military purpose; or (D) is lawfully present in the United States in cooperation with the Director of Central Intelligence, and the shipment, transportation, receipt, or possession of the explosive materials is in furtherance of such cooperation; (8) has been discharged from the armed forces under dishonorable conditions; or (9) having been a citizen of the United States, has renounced the citizenship of that person. (e) Distribution to persons prohibited by State law from possession It shall be unlawful for any licensee knowingly to distribute any explosive materials to any person in any State where the purchase, possession, or use by such person of such explosive materials would be in violation of any State law or any published ordinance applicable at the place of distribution. (f) Records It shall be unlawful for any licensee or permittee willfully to manufacture, import, purchase, distribute, or receive explosive materials without making such records as the Attorney General may by regulation require. Such records shall include a statement of intended use, the name, date, place of birth, social security number or taxpayer identification number, and place of residence of any natural person to whom explosive materials are distributed. If explosive materials are distributed to a corporation or other business entity, such records shall include the identity and principal and local places of business and the name, date, place of birth, and place of residence of the natural person acting as agent of the corporation or other business entity in arranging the distribution. (g) False entry on records It shall be unlawful for any licensee or permittee knowingly to make any false entry in any record which he is required to keep pursuant to this section or regulations prescribed under section 617. (h) Shipment and other matters pertaining to stolen explosive materials It shall be unlawful for any person to receive, possess, transport, ship, conceal, store, barter, sell, dispose of, or pledge or accept as security for a loan, any stolen explosive materials which are moving as, which are part of, which constitute, or which have been shipped or transported in, interstate or foreign commerce, either before or after such materials were stolen, knowing or having reasonable cause to believe that the explosive materials were stolen. (i) Possession and other conduct by prohibited persons It shall be unlawful for any person— (1) who is under indictment for, or who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; (2) who is a fugitive from justice; (3) who is an unlawful user of or addicted to any controlled substance; (4) who has been adjudicated as a mental defective or who has been committed to a mental institution; (5) who is an alien, other than an alien who— (A) is lawfully admitted for permanent residence (as that term is defined in section 101(a)(20) of the Immigration and Nationality Act ); (B) is in lawful nonimmigrant status, is a refugee admitted under section 207 of the Immigration and Nationality Act , or is in asylum status under section 208 of the Immigration and Nationality Act , and— (i) is a foreign law enforcement officer of a friendly foreign government, as determined by the Attorney General in consultation with the Secretary of State, entering the United States on official law enforcement business, and the shipping, transporting, possession, or receipt of explosive materials is in furtherance of this official law enforcement business; or (ii) is a person having the power to direct or cause the direction of the management and policies of a corporation, partnership, or association licensed pursuant to section 843(a), and the shipping, transporting, possession, or receipt of explosive materials is in furtherance of such power; (C) is a member of a North Atlantic Treaty Organization (NATO) or other friendly foreign military force, as determined by the Attorney General in consultation with the Secretary of Defense, who is present in the United States under military orders for training or other military purpose authorized by the United States and the shipping, transporting, possession, or receipt of explosive materials is in furtherance of the authorized military purpose; or (D) is lawfully present in the United States in cooperation with the Director of Central Intelligence, and the shipment, transportation, receipt, or possession of the explosive materials is in furtherance of such cooperation; (6) who has been discharged from the armed forces under dishonorable conditions; or (7) who, having been a citizen of the United States, has renounced the citizenship of that person; to ship or transport any explosive in or affecvting interstate or foreign commerce or to receive or possess any explosive which has been shipped or transporated in or affecting interestate or foreign commerce. (j) Storage requirements It shall be unlawful for any person to store any explosive material in a manner not in conformity with regulations promulgated by the Attorney General. In promulgating such regulations, the Attorney General shall take into consideration the class, type, and quantity of explosive materials to be stored, as well as the standards of safety and security recognized in the explosives industry. (k) Failure To report theft or loss It shall be unlawful for any person who has knowledge of the theft or loss of any explosive materials from his stock, to fail to report such theft or loss within twenty-four hours of discovery thereof, to the Attorney General and to appropriate local authorities. (l) Detection agents required for manufacture of plastic explosives It shall be unlawful for any person to manufacture any plastic explosive that does not contain a detection agent. (m) Importation of plastic explosives without detection agents (1) It shall be unlawful for any person to import or bring into the United States, or export from the United States, any plastic explosive that does not contain a detection agent. (2) This subsection does not apply to the importation or bringing into the United States, or the exportation from the United States, of any plastic explosive that was imported or brought into, or manufactured in the United States prior to the date of enactment of this subsection by or on behalf of any agency of the United States performing military or police functions (including any military reserve component) or by or on behalf of the National Guard of any State, not later than 15 years after the date of entry into force of the Convention on the Marking of Plastic Explosives, with respect to the United States. (n) Possession and other conduct with regard to plastic explosives without detection agents (1) It shall be unlawful for any person to ship, transport, transfer, receive, or possess any plastic explosive that does not contain a detection agent. (2) This subsection does not apply to— (A) the shipment, transportation, transfer, receipt, or possession of any plastic explosive that was imported or brought into, or manufactured in the United States prior to the date of enactment of this subsection by any person during the period beginning on that date and ending 3 years after that date of enactment; or (B) the shipment, transportation, transfer, receipt, or possession of any plastic explosive that was imported or brought into, or manufactured in the United States prior to the date of enactment of this subsection by or on behalf of any agency of the United States performing a military or police function (including any military reserve component) or by or on behalf of the National Guard of any State, not later than 15 years after the date of entry into force of the Convention on the Marking of Plastic Explosives, with respect to the United States. (o) Distribution of information relating to explosives, destructive devices, and weapons of mass destruction (1) Definitions In this subsection— (A) the term destructive device has the same meaning as in section 581; (B) the term explosive has the same meaning as in section 614; and (C) the term weapon of mass destruction has the same meaning as in section 271. (2) Prohibition It shall be unlawful for any person— (A) to teach or demonstrate the making or use of an explosive, a destructive device, or a weapon of mass destruction, or to distribute by any means information pertaining to, in whole or in part, the manufacture or use of an explosive, destructive device, or weapon of mass destruction, with the intent that the teaching, demonstration, or information be used for, or in furtherance of, an activity that constitutes a Federal crime of violence; or (B) to teach or demonstrate to any person the making or use of an explosive, a destructive device, or a weapon of mass destruction, or to distribute to any person, by any means, information pertaining to, in whole or in part, the manufacture or use of an explosive, destructive device, or weapon of mass destruction, knowing that such person intends to use the teaching, demonstration, or information for, or in furtherance of, an activity that constitutes a Federal crime of violence. 613. Licenses and user permits (a) Requirements for application An application for a user permit or limited permit or a license to import, manufacture, or deal in explosive materials shall be in such form and contain such information as the Attorney General shall by regulation prescribe, including the names of and appropriate identifying information regarding all employees who will be authorized by the applicant to possess explosive materials, as well as fingerprints and a photograph of each responsible person. Each applicant for a license or permit shall pay a fee to be charged as set by the Attorney General, said fee not to exceed $50 for a limited permit and $200 for any other license or permit. Each license or user permit shall be valid for not longer than 3 years from the date of issuance and each limited permit shall be valid for not longer than 1 year from the date of issuance. Each license or permit shall be renewable upon the same conditions and subject to the same restrictions as the original license or permit, and upon payment of a renewal fee not to exceed one-half of the original fee. (b) Approval of application Upon the filing of a proper application and payment of the prescribed fee, and subject to this chapter and other applicable laws, the Attorney General shall issue to such applicant the appropriate license or permit if— (1) the applicant (or, if the applicant is a corporation, partnership, or association, each responsible person with respect to the applicant) is not a person described in section 612(i); (2) the applicant has not willfully violated this subchapter or regulations issued under this subchapter; (3) the applicant has in a State premises from which he conducts or intends to conduct business; (4) (A) the Attorney General verifies by inspection or, if the application is for an original limited permit or the first or second renewal of such a permit, by such other means as the Attorney General determines appropriate, that the applicant has a place of storage for explosive materials which meets such standards of public safety and security against theft as the Attorney General by regulations shall prescribe; and (B) subparagraph (A) does not apply to an applicant for the renewal of a limited permit if the Attorney General has verified, by inspection within the preceding 3 years, the matters described in subparagraph (A) with respect to the applicant; (5) the applicant has demonstrated and certified in writing that he is familiar with all published State laws and local ordinances relating to explosive materials for the location in which he intends to do business; (6) none of the employees of the applicant who will be authorized by the applicant to possess explosive materials is any person described in section 612(i); and (7) in the case of a limited permit, the applicant has certified in writing that the applicant will not receive explosive materials on more than 6 separate occasions during the 12-month period for which the limited permit is valid. (c) Time limit for action The Attorney General shall approve or deny an application within a period of 90 days for licenses and permits, beginning on the date such application is received by the Attorney General. (d) Revocation The Attorney General may revoke any license or permit issued under this section if in the opinion of the Attorney General the holder thereof has violated this subchapter or any rule or regulation prescribed under this subchapter, or has become ineligible to acquire explosive materials under section 612(d). The Attorney General’s action under this subsection may be reviewed only as provided in subsection (e)(2) of this section. (e) Procedural requirements (1) Any person whose application is denied or whose license or permit is revoked shall receive a written notice from the Attorney General stating the specific grounds upon which such denial or revocation is based. Any notice of a revocation of a license or permit shall be given to the holder of such license or permit prior to or concurrently with the effective date of the revocation. (2) If the Attorney General denies an application for, or revokes a license, or permit, he shall, upon request by the aggrieved party, promptly hold a hearing to review his denial or revocation. In the case of a revocation, the Attorney General may upon a request of the holder stay the effective date of the revocation. A hearing under this section shall be at a location convenient to the aggrieved party. The Attorney General shall give written notice of his decision to the aggrieved party within a reasonable time after the hearing. The aggrieved party may, within sixty days after receipt of the Secretary’s written decision, file a petition with the United States court of appeals for the district in which he resides or has his principal place of business for a judicial review of such denial or revocation, pursuant to sections 701 through 706 of title 5. (f) Inspections Licensees and holders of user permits shall make available for inspection at all reasonable times their records kept pursuant to this chapter or the regulations issued hereunder, and licensees and permittees shall submit to the Attorney General such reports and information with respect to such records and the contents thereof as he shall by regulations prescribe. The Attorney General may enter during business hours the premises (including places of storage) of any licensee or holder of a user permit, for the purpose of inspecting or examining (1) any records or documents required to be kept by such licensee or permittee, under this chapter or regulations issued under this chapter, and (2) any explosive materials kept or stored by such licensee or permittee at such premises. Upon the request of any State or any political subdivision thereof, the Attorney General may make available to such State or any political subdivision thereof, any information which he may obtain by reason of this subchapter with respect to the identification of persons within such State or political subdivision thereof, who have purchased or received explosive materials, together with a description of such explosive materials. The Attorney General may inspect the places of storage for explosive materials of an applicant for a limited permit or, at the time of renewal of such permit, a holder of a limited permit, only as provided in subsection (b)(4). (g) Posting Licenses and user permits issued under subsection (b) of this section shall be kept posted and kept available for inspection on the premises covered by the license and permit. (h) Employer may request determination from Attorney General (1) If the Attorney General receives, from an employer, the name and other identifying information of a responsible person or an employee who will be authorized by the employer to possess explosive materials in the course of employment with the employer, the Attorney General shall determine whether the responsible person or employee is one of the persons described in any paragraph of section 612(i). In making the determination, the Attorney General may take into account a letter or document issued under paragraph (2). (2) (A) If the Attorney General determines that the responsible person or the employee is not one of the persons described in any paragraph of section 612(i), the Attorney General shall notify the employer in writing or electronically of the determination and issue, to the responsible person or employee, a letter of clearance, which confirms the determination. (B) If the Attorney General determines that the responsible person or employee is one of the persons described in any paragraph of section 612(i), the Attorney General shall notify the employer in writing or electronically of the determination and issue to the responsible person or the employee, as the case may be, a document that— (i) confirms the determination; (ii) explains the grounds for the determination; (iii) provides information on how the disability may be relieved; and (iv) explains how the determination may be appealed. (i) Furnishing of samples (1) Licensed manufacturers and licensed importers and persons who manufacture or import explosive materials or ammonium nitrate shall, when required by letter issued by the Attorney General, furnish— (A) samples of such explosive materials or ammonium nitrate; (B) information on chemical composition of those products; and (C) any other information that the Attorney General determines is relevant to the identification of the explosive materials or to identification of the ammonium nitrate. (2) The Attorney General shall, by regulation, authorize reimbursement of the fair market value of samples furnished pursuant to this subsection, as well as the reasonable costs of shipment. 614. Penalties (a) Felonies Any person— (1) who violates any of subsections (a) through (i) or (l) through (o) of section 612 shall be imprisoned for not more than 10 years; and (2) violates subsection (p)(2) of section 612, shall be imprisoned not more than 20 years. (b) Misdemeanor Whoever violates any other provision of section 612 shall be imprisoned not more than one year. (c) Forfeiture (1) Any explosive materials involved or used or intended to be used in any violation of this subchapter or any other rule or regulation promulgated under this subchapter or any violation of any criminal law of the United States shall be subject to seizure and forfeiture, and all provisions of the Internal Revenue Code of 1986 relating to the seizure, forfeiture, and disposition of firearms, as defined in section 5845(a) of that Code, shall, so far as applicable, extend to seizures and forfeitures under this chapter. (2) Notwithstanding paragraph (1), in the case of the seizure of any explosive materials for any offense for which the materials would be subject to forfeiture in which it would be impracticable or unsafe to remove the materials to a place of storage or would be unsafe to store them, the seizing officer may destroy the explosive materials forthwith. Any destruction under this paragraph shall be in the presence of at least 1 credible witness. The seizing officer shall make a report of the seizure and take samples as the Attorney General may by regulation prescribe. (3) Within 60 days after any destruction made pursuant to paragraph (2), the owner of (including any person having an interest in) the property so destroyed may make application to the Attorney General for reimbursement of the value of the property. If the claimant establishes to the satisfaction of the Attorney General that— (A) the property has not been used or involved in a violation of law; or (B) any unlawful involvement or use of the property was without the claimant’s knowledge, consent, or willful blindness, the Attorney General shall make an allowance to the claimant not exceeding the value of the property destroyed. (d) Transport with intent Whoever transports or receives, or attempts to transport or receive, in interstate or foreign commerce any explosive with the knowledge or intent that it will be used to kill, injure, or intimidate any individual or unlawfully to damage or destroy any building, vehicle, or other real or personal property, shall be imprisoned for not more than ten years; and if personal injury results to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this subsection, shall be imprisoned for not more than twenty years; and if death results to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this subsection, shall be subject to imprisonment for any term of years, or to the death penalty or to life imprisonment. (e) Threats Whoever, through the use of the mail, telephone, telegraph, or other instrument of interstate or foreign commerce, or in or affecting interstate or foreign commerce, willfully makes any threat, or maliciously conveys false information knowing the same to be false, concerning an attempt or alleged attempt being made, or to be made, to kill, injure, or intimidate any individual or unlawfully to damage or destroy any building, vehicle, or other real or personal property by means of fire or an explosive shall be imprisoned for not more than 10 years. (f) Malacious damage to Government property (1) Whoever maliciously damages or destroys, or attempts to damage or destroy, by means of fire or an explosive, any building, vehicle, or other personal or real property in whole or in part owned or possessed by, or leased to, the United States, or any department or agency thereof, or any institution or organization receiving Federal financial assistance, shall be imprisoned for not less than 5 years and not more than 20 years. (2) Whoever engages in conduct prohibited by this subsection, and as a result of such conduct, directly or proximately causes personal injury or creates a substantial risk of injury to any person, including any public safety officer performing duties, shall be imprisoned for not less than 7 years and not more than 40 years. (3) Whoever engages in conduct prohibited by this subsection, and as a result of such conduct directly or proximately causes the death of any person, including any public safety officer performing duties, shall be subject to the death penalty, or imprisoned for not less than 20 years or for life. (g) Possession at airport (1) Except as provided in paragraph (2), whoever possesses an explosive in an airport that is subject to the regulatory authority of the Federal Aviation Administration, or in any building in whole or in part owned, possessed, or used by, or leased to, the United States or any department or agency thereof, except with the written consent of the agency, department, or other person responsible for the management of such building or airport, shall be imprisoned for not more than five years. (2) This subsection does not apply to— (A) the possession of ammunition (as that term is defined in regulations issued pursuant to this chapter) in an airport that is subject to the regulatory authority of the Federal Aviation Administration if such ammunition is either in checked baggage or in a closed container; or (B) the possession of an explosive in an airport if the packaging and transportation of such explosive is exempt from, or subject to and in accordance with, regulations of the Pipeline and Hazardous Materials Safety Administration for the handling of hazardous materials pursuant to chapter 51 of title 49. (h) Use in connection with other crimes Whoever— (1) uses fire or an explosive to commit any felony which may be prosecuted in a court of the United States, or (2) carries an explosive during the commission of any felony which may be prosecuted in a court of the United States, including a felony which provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device shall, in addition to the punishment provided for such felony, be sentenced to imprisonment for 10 years. In the case of a second or subsequent conviction under this subsection, such person shall be sentenced to imprisonment for 20 years. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person convicted of a violation of this subsection, nor shall the term of imprisonment imposed under this subsection run concurrently with any other term of imprisonment including that imposed for the felony in which the explosive was used or carried. (i) Malicious damange to commerce-Related property Whoever maliciously damages or destroys, or attempts to damage or destroy, by means of fire or an explosive, any building, vehicle, or other real or personal property used in interstate or foreign commerce or in any activity affecting interstate or foreign commerce shall be imprisoned for not less than 5 years and not more than 20 years; and if personal injury results to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this subsection, shall be imprisoned for not less than 7 years and not more than 40 years; and if death results to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this subsection, shall also be subject to imprisonment for any term of years, or to the death penalty or to life imprisonment. (j) Definition For the purposes of subsections (d), (e), (f), (g), (h), and (i) of this section and section 612(p)(2), the term explosive means gunpowders, powders used for blasting, all forms of high explosives, blasting materials, fuzes (other than electric circuit breakers), detonators, and other detonating agents, smokeless powders, other explosive or incendiary devices within the meaning of paragraph (4) of section 296, and any chemical compounds, mechanical mixture, or device that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities, or packing that ignition by fire, by friction, by concussion, by percussion, or by detonation of the compound, mixture, or device or any part thereof may cause an explosion. (k) Theft related to commerce A person who steals any explosives materials which are moving as, or are a part of, or which have moved in, interstate or foreign commerce shall be imprisoned for not more than 10 years. (l) Theft from licensee or permittee A person who steals any explosive material from a licensed importer, licensed manufacturer, or licensed dealer, or from any permittee shall be imprisoned not more than 10 years. (m) Conspiracy A person who conspires to commit an offense under subsection (h) shall be imprisoned for any term of years not exceeding 20. (n) Transfer with knowledge Whoever knowingly transfers any explosive materials, knowing or having reasonable cause to believe that such explosive materials will be used to commit a crime of violence (as defined in section 584(c)(3)) or drug trafficking crime (as defined in section 584(c)(2)) shall be subject to the same penalties as may be imposed under subsection (h) for a first conviction for the use or carrying of an explosive material. (o) Theft reporting requirement (1) A holder of a license or permit who knows that explosive materials have been stolen from that licensee or permittee, shall report the theft to the Attorney General not later than 24 hours after the discovery of the theft. (2) A holder of a license or permit who does not report a theft in accordance with paragraph (1), shall be imprisoned not more than 5 years. 615. Exceptions; relief from disabilities (a) Exceptions Except in the case of subsection (l), (m), (n), or (o) of section 612 and subsections (d), (e), (f), (g), (h), and (i) of section 614, this chapter does not apply to— (1) any aspect of the transportation of explosive materials via railroad, water, highway, or air which are regulated by the United States Department of Transportation and agencies thereof, and which pertain to safety; (2) the use of explosive materials in medicines and medicinal agents in the forms prescribed by the official United States Pharmacopeia, or the National Formulary; (3) the transportation, shipment, receipt, or importation of explosive materials for delivery to any agency of the United States or to any State or political subdivision thereof; (4) small arms ammunition and components thereof; (5) commercially manufactured black powder in quantities not to exceed fifty pounds, percussion caps, safety and pyrotechnic fuses, quills, quick and slow matches, and friction primers, intended to be used solely for sporting, recreational, or cultural purposes in antique firearms as defined in section 581(14), or in antique devices as exempted from the term destructive device in section 581(2); (6) the manufacture under the regulation of the military department of the United States of explosive materials for, or their distribution to or storage or possession by the military or naval services or other agencies of the United States; or to arsenals, navy yards, depots, or other establishments owned by, or operated by or on behalf of, the United States; and (7) the transportation, shipment, receipt, or importation of display fireworks materials for delivery to a federally recognized Indian tribe or tribal agency. (b) Relief from disabilities (1) A person who is prohibited from shipping, transporting, receiving, or possessing any explosive under section 612(i) may apply to the Attorney General for relief from such prohibition. (2) The Attorney General may grant the relief requested under paragraph (1) if the Attorney General determines that the circumstances regarding the applicability of section 612(i), and the applicant’s record and reputation, are such that the applicant will not be likely to act in a manner dangerous to public safety and that the granting of such relief is not contrary to the public interest. (3) A licensee or permittee who applies for relief, under this subsection, from the disabilities incurred under this chapter as a result of an indictment for or conviction of a crime punishable by imprisonment for a term exceeding 1 year shall not be barred by such disability from further operations under the license or permit pending final action on an application for relief filed pursuant to this section. (c) Affirmative defense (1) It is an affirmative defense against any proceeding involving subsections (l) through (o) of section 612 if the proponent proves by a preponderance of the evidence that the plastic explosive— (A) consisted of a small amount of plastic explosive intended for and utilized solely in lawful— (i) research, development, or testing of new or modified explosive materials; (ii) training in explosives detection or development or testing of explosives detection equipment; or (iii) forensic science purposes; or (B) was plastic explosive that, within 3 years after the date of enactment of the Antiterrorism and Effective Death Penalty Act of 1996, was incorporated in a military device within the territory of the United States and remains an integral part of such military device, or is intended to be, or is incorporated in, and remains an integral part of a military device that is intended to become, or has become, the property of any agency of the United States performing military or police functions (including any military reserve component) or the National Guard of any State, wherever such device is located. (2) In this subsection, the term military device includes, shells, bombs, projectiles, mines, missiles, rockets, shaped charges, grenades, perforators, and similar devices lawfully manufactured exclusively for military or police purposes. 616. Additional powers of the Attorney General (a) Inspections The Attorney General is authorized to inspect the site of any accident, or fire, in which there is reason to believe that explosive materials were involved, in order that if any such incident has been brought about by accidental means, precautions may be taken to prevent similar accidents from occurring. In order to carry out the purpose of this subsection, the Attorney General is authorized to enter into or upon any property where explosive materials have been used, are suspected of having been used, or have been found in an otherwise unauthorized location. Nothing in this subchapter shall be construed as modifying or otherwise affecting in any way the investigative authority of any other Federal agency. In addition to any other investigatory authority they have with respect to violations of this subchapter, the Federal Bureau of Investigation, together with the Bureau of Alcohol, Tobacco, Firearms, and Explosives, shall have authority to conduct investigations with respect to violations of subsection (d), (e), (f), (g), (h), or (i) of section 614. (b) National repository The Attorney General is authorized to establish a national repository of information on incidents involving arson and the suspected criminal misuse of explosives. All Federal agencies having information concerning such incidents shall report the information to the Attorney General pursuant to such regulations as deemed necessary to carry out this subsection. The repository shall also contain information on incidents voluntarily reported to the Attorney General by State and local authorities. 617. Rules and regulations The administration of this subchapter shall be vested in the Attorney General. The Attorney General may prescribe such rules and regulations as he deems reasonably necessary to carry out this subchapter. The Attorney General shall give reasonable public notice, and afford to interested parties opportunity for hearing, before prescribing such rules and regulations. E BIOLOGICAL WEAPONS 621. Prohibitions with respect to biological weapons. 622. Requests for military assistance to enforce prohibition in certain emergencies. 623. Possession by restricted persons. 624. Variola virus. 625. Seizure, forfeiture, and destruction. 626. Injunctions. 627. Definitions. 621. Prohibitions with respect to biological weapons (a) In general Whoever knowingly develops, produces, stockpiles, transfers, acquires, retains, or possesses any biological agent, toxin, or delivery system for use as a weapon, or knowingly assists a foreign state or any organization to do so shall be imprisoned for life or any term of years. There is extraterritorial jurisdiction over an offense under this section committed by or against a national of the United States. (b) Additional offense Whoever knowingly possesses any biological agent, toxin, or delivery system of a type or in a quantity that, under the circumstances, is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose, shall be imprisoned not more than 10 years. In this subsection, the terms biological agent and toxin do not encompass any biological agent or toxin that is in its naturally occurring environment, if the biological agent or toxin has not been cultivated, collected, or otherwise extracted from its natural source. (c) Definition For purposes of this section, the term for use as a weapon includes the development, production, transfer, acquisition, retention, or possession of any biological agent, toxin, or delivery system for other than prophylactic, protective, bona fide research, or other peaceful purposes. 622. Requests for military assistance to enforce prohibition in certain emergencies The Attorney General may request the Secretary of Defense to provide assistance under section 382 of title 10 in support of Department of Justice activities relating to the enforcement of section 621 in an emergency situation involving a biological weapon of mass destruction. The authority to make such a request may be exercised by another official of the Department of Justice in accordance with section 382(f)(2) of title 10. 623. Possession by restricted persons (a) In general (1) No restricted person shall ship or transport in or affecting interstate or foreign commerce, or possess in or affecting interstate or foreign commerce, any biological agent or toxin, or receive any biological agent or toxin that has been shipped or transported in interstate or foreign commerce, if the biological agent or toxin is listed as a non-overlap or overlap select biological agent or toxin in sections 73.4 and 73.5 of title 42, Code of Federal Regulations, pursuant to section 351A of the Public Health Service Act, and is not excluded under sections 73.4 and 73.5 or exempted under section 73.6 of title 42, Code of Federal Regulations. (2) Whoever knowingly violates this section shall be imprisoned not more than 10 years, but the prohibition contained in this section does not apply with respect to any duly authorized United States governmental activity. (b) Transfer to unregistered person (1) Select agents Whoever transfers a select agent to a person who the transferor knows or has reasonable cause to believe is not registered as required by regulations under subsection (b) or (c) of section 351A of the Public Health Service Act shall be imprisoned for not more than 5 years. (2) Certain other biological agents and toxins Whoever transfers a biological agent or toxin listed pursuant to section 212(a)(1) of the Agricultural Bioterrorism Protection Act of 2002 to a person who the transferor knows or has reasonable cause to believe is not registered as required by regulations under subsection (b) or (c) of section 212 of such Act shall be imprisoned for not more than 5 years. (c) Unregistered for possession (1) Select agents Whoever knowingly possesses a biological agent or toxin where such agent or toxin is a select agent for which such person has not obtained a registration required by regulations under section 351A(c) of the Public Health Service Act shall be or imprisoned for not more than 5 years. (2) Certain other biological agents and toxins Whoever knowingly possesses a biological agent or toxin where such agent or toxin is a biological agent or toxin listed pursuant to section 212(a)(1) of the Agricultural Bioterrorism Protection Act of 2002 for which such person has not obtained a registration required by regulations under section 212(c) of such Act shall be imprisoned for not more than 5 years. (d) Definitions As used in this section: (1) The term select agent means a biological agent or toxin to which subsection (a) applies. Such term (including for purposes of subsection (a)) does not include any such biological agent or toxin that is in its naturally-occurring environment, if the biological agent or toxin has not been cultivated, collected, or otherwise extracted from its natural source. (2) The term restricted person means an individual who— (A) is under indictment for a crime punishable by imprisonment for a term exceeding 1 year; (B) has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year; (C) is a fugitive from justice; (D) is an unlawful user of any controlled substance; (E) is an alien illegally or unlawfully in the United States; (F) has been adjudicated as a mental defective or has been committed to any mental institution; (G) (i) is an alien (other than an alien lawfully admitted for permanent residence) who is a national of a country as to which the Secretary of State, pursuant to section 6(j) of the Export Administration Act of 1979 , section 620A of chapter 1 of part M of the Foreign Assistance Act of 1961 , or section 40(d) of chapter 3 of the Arms Export Control Act , has made a determination (that remains in effect) that such country has repeatedly provided support for acts of international terrorism, or (ii) acts for or on behalf of, or operates subject to the direction or control of, a government or official of a country described in this subparagraph; (H) has been discharged from the Armed Services of the United States under dishonorable conditions; or (I) is a member of, acts for or on behalf of, or operates subject to the direction or control of, a terrorist organization as defined in section 212(a)(3)(B)(vi) of the Immigration and Nationality Act . (3) The term alien has the same meaning as in section 101(a)(3) of the Immigration and Nationality Act . (4) The term lawfully admitted for permanent residence has the same meaning as in section 101(a)(20) of the Immigration and Nationality Act . 624. Variola virus (a) Unlawful conduct (1) In general Except as provided in paragraph (2), it shall be unlawful for any person to knowingly produce, engineer, synthesize, acquire, transfer directly or indirectly, receive, possess, import, export, or use, or possess and threaten to use, variola virus. (2) Exception This subsection does not apply to conduct by, or under the authority of, the Secretary of Health and Human Services. (b) Jurisdiction Conduct prohibited by subsection (a) is within the jurisdiction of the United States if— (1) the offense occurs in or affects interstate or foreign commerce; (2) the offense occurs outside of the United States and is committed by a national of the United States; (3) the offense is committed against a national of the United States while the national is outside the United States; (4) the offense is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside the United States; or (5) an offender aids or abets any person over whom jurisdiction exists under this subsection in committing an offense under this section or conspires with any person over whom jurisdiction exists under this subsection to commit an offense under this section. (c) Criminal penalties (1) In general Whoever violates subsection (a) shall be sentenced to a term of imprisonment not less than 25 years or to imprisonment for life. (2) Other circumstances Whoever, in the course of a violation of subsection (a), uses or possesses and threatens to use, any item or items described in subsection (a), shall be imprisoned for not less than 30 years or imprisoned for life. (3) Special circumstances If the death of another results from a person’s violation of subsection (a), the person shall be punished by imprisonment for life. (d) Definition As used in this section, the term variola virus means a virus that can cause human smallpox or any derivative of the variola major virus that contains more than 85 percent of the gene sequence of the variola major virus or the variola minor virus. 625. Seizure, forfeiture, and destruction (a) In general (1) Except as provided in paragraph (2), the Attorney General may request the issuance, in the same manner as provided for a search warrant, of a warrant authorizing the seizure of any biological agent, toxin, or delivery system that— (A) pertains to conduct prohibited under section 621; or (B) is of a type or in a quantity that under the circumstances has no apparent justification for prophylactic, protective, or other peaceful purposes. (2) In exigent circumstances, seizure and destruction of any biological agent, toxin, or delivery system described in subparagraphs (A) and (B) of paragraph (1) may be made upon probable cause without the necessity for a warrant. (b) Procedure Property seized pursuant to subsection (a) shall be forfeited to the United States after notice to potential claimants and an opportunity for a hearing. At such hearing, the Government shall bear the burden of persuasion by a preponderance of the evidence. Except as inconsistent herewith, the same procedures and provisions of law relating to a forfeiture under the customs laws shall extend to a seizure or forfeiture under this section. The Attorney General may provide for the destruction or other appropriate disposition of any biological agent, toxin, or delivery system seized and forfeited pursuant to this section. (c) Affirmative defense It is an affirmative defense against a forfeiture under subsection (a)(1)(B) of this section that— (1) such biological agent, toxin, or delivery system is for a prophylactic, protective, or other peaceful purpose; and (2) such biological agent, toxin, or delivery system, is of a type and quantity reasonable for that purpose. 626. Injunctions (a) In general The United States may obtain in a civil action an injunction against— (1) the conduct prohibited under section 621; (2) the preparation, solicitation, attempt, threat, or conspiracy to engage in conduct prohibited under section 621; or (3) the development, production, stockpiling, transferring, acquisition, retention, or possession, or the attempted development, production, stockpiling, transferring, acquisition, retention, or possession of any biological agent, toxin, or delivery system of a type or in a quantity that under the circumstances has no apparent justification for prophylactic, protective, or other peaceful purposes. (b) Affirmative defense It is an affirmative defense against an injunction under subsection (a)(3) that— (1) the conduct sought to be enjoined is for a prophylactic, protective, or other peaceful purpose; and (2) such biological agent, toxin, or delivery system is of a type and quantity reasonable for that purpose. 627. Definitions As used in this chapter— (1) the term biological agent means any microorganism (including bacteria, viruses, fungi, rickettsiae or protozoa), or infectious substance, or any naturally occurring, bioengineered or synthesized component of any such microorganism or infectious substance, capable of causing— (A) death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism; (B) deterioration of food, water, equipment, supplies, or material of any kind; or (C) deleterious alteration of the environment; (2) the term toxin means the toxic material or product of plants, animals, microorganisms (including bacteria, viruses, fungi, rickettsiae or protozoa), or infectious substances, or a recombinant or synthesized molecule, whatever their origin and method of production, and includes— (A) any poisonous substance or biological product that may be engineered as a result of biotechnology produced by a living organism; or (B) any poisonous isomer or biological product, homolog, or derivative of such a substance; (3) the term delivery system means— (A) any apparatus, equipment, device, or means of delivery specifically designed to deliver or disseminate a biological agent, toxin, or vector; or (B) any vector; and (4) the term vector means a living organism, or molecule, including a recombinant or synthesized molecule, capable of carrying a biological agent or toxin to a host. F CHEMICAL WEAPONS 631. Prohibited activities. 632. Penalties. 633. Individual self-defense devices. 634. Injunctions. 635. Requests for military assistance to enforce prohibition in certain emergencies. 636. Definitions. 631. Prohibited activities (a) Unlawful conduct Except as provided in subsection (b), it shall be unlawful for any person knowingly— (1) to develop, produce, otherwise acquire, transfer directly or indirectly, receive, stockpile, retain, own, possess, or use, or threaten to use, any chemical weapon; or (2) to assist or induce, in any way, any person to violate paragraph (1). (b) Exempted agencies and persons (1) In general Subsection (a) does not apply to the retention, ownership, possession, transfer, or receipt of a chemical weapon by a department, agency, or other entity of the United States, or by a person described in paragraph (2), pending destruction of the weapon. (2) Exempted persons A person referred to in paragraph (1) is— (A) any person, including a member of the Armed Forces of the United States, who is authorized by law or by an appropriate officer of the United States to retain, own, possess, transfer, or receive the chemical weapon; or (B) in an emergency situation, any otherwise nonculpable person if the person is attempting to destroy or seize the weapon. (c) Jurisdiction Conduct prohibited by subsection (a) is within the jurisdiction of the United States if the prohibited conduct— (1) takes place in the United States; (2) takes place outside of the United States and is committed by a national of the United States; (3) is committed against a national of the United States while the national is outside the United States; or (4) is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside the United States. 632. Penalties (a) Criminal penalties (1) In general Whoever violates section 631 shall be imprisoned for any term of years. (2) Death penalty Whoever violates section 631 and by whose action the death of another person is the result shall be punished by death or imprisoned for life. (b) Civil penalties (1) In general The Attorney General may bring a civil action in the appropriate United States district court against any person who violates section 631 and, upon proof of such violation by a preponderance of the evidence, such person shall be subject to pay a civil penalty in an amount not to exceed $100,000 for each such violation. (2) Relation to other proceedings The imposition of a civil penalty under this subsection does not preclude any other criminal or civil statutory, common law, or administrative remedy, which is available by law to the United States or any other person. (c) Reimbursement of costs The court shall order any person convicted of an offense under subsection (a) to reimburse the United States for any expenses incurred by the United States incident to the seizure, storage, handling, transportation, and destruction or other disposition of any property that was seized in connection with an investigation of the commission of the offense by that person. A person ordered to reimburse the United States for expenses under this subsection shall be jointly and severally liable for such expenses with each other person, if any, who is ordered under this subsection to reimburse the United States for the same expenses. 633. Individual self-defense devices This subchapter does not prohibit any individual self-defense device, including one using a pepper spray or chemical mace. 634. Injunctions The United States may obtain in a civil action an injunction against— (1) the conduct prohibited under section 631 or 633; or (2) the preparation or solicitation to engage in conduct prohibited under section 631 or 634. 635. Requests for military assistance to enforce prohibition in certain emergencies The Attorney General may request the Secretary of Defense to provide assistance under section 382 of title 10 in support of Department of Justice activities relating to the enforcement of section 631 in an emergency situation involving a chemical weapon. The authority to make such a request may be exercised by another official of the Department of Justice in accordance with section 382(f)(2) of title 10. 636. Definitions In this chapter the following apply: (1) Chemical weapon The term chemical weapon means the following, together or separately: (A) A toxic chemical and its precursors, except where intended for a purpose not prohibited under this chapter as long as the type and quantity is consistent with such a purpose. (B) A munition or device, specifically designed to cause death or other harm through toxic properties of those toxic chemicals specified in subparagraph (A), which would be released as a result of the employment of such munition or device. (C) Any equipment specifically designed for use directly in connection with the employment of munitions or devices specified in subparagraph (B). (2) Chemical weapons convention; convention The terms Chemical Weapons Convention and Convention mean the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, opened for signature on January 13, 1993. (3) Key component of a binary or multicomponent chemical system The term key component of a binary or multicomponent chemical system means the precursor which plays the most important role in determining the toxic properties of the final product and reacts rapidly with other chemicals in the binary or multicomponent system. (4) Precursor (A) In general The term precursor means any chemical reactant which takes part at any stage in the production by whatever method of a toxic chemical. The term includes any key component of a binary or multicomponent chemical system. (B) List of precursors Precursors which have been identified for the application of verification measures under Article VI of the Convention are listed in schedules contained in the Annex on Chemicals of the Chemical Weapons Convention. (5) Purposes not prohibited by this chapter The term purposes not prohibited by this chapter means the following: (A) Peaceful purposes Any peaceful purpose related to an industrial, agricultural, research, medical, or pharmaceutical activity or other activity. (B) Protective purposes Any purpose directly related to protection against toxic chemicals and to protection against chemical weapons. (C) Unrelated military purposes Any military purpose of the United States that is not connected with the use of a chemical weapon or that is not dependent on the use of the toxic or poisonous properties of the chemical weapon to cause death or other harm. (D) Law enforcement purposes Any law enforcement purpose, including any domestic riot control purpose and including imposition of capital punishment. (6) Toxic chemical (A) In general The term toxic chemical means any chemical which through its chemical action on life processes can cause death, temporary incapacitation or permanent harm to humans or animals. The term includes all such chemicals, regardless of their origin or of their method of production, and regardless of whether they are produced in facilities, in munitions or elsewhere. (B) List of toxic chemicals Toxic chemicals which have been identified for the application of verification measures under Article VI of the Convention are listed in schedules contained in the Annex on Chemicals of the Chemical Weapons Convention. 23 THEFT AND RELATED CRIMES Subchapter A. Embezzlement and theft B. Stolen property C. Counterfeiting and forgery A EMBEZZLEMENT AND THEFT 641. Public money, property or records. 642. Accounting generally for public money. 643. Officer or employee of United States converting property of another. 644. Theft, embezzlement, or misapplication by bank officer or employee. 645. Lending, credit, and insurance institutions. 646. Property mortgaged or pledged to farm credit agencies. 647. Interstate or foreign shipments by carrier. 648. Carrier’s funds derived from commerce. 649. Within special maritime and territorial jurisdiction. 650. Receiving stolen property within special maritime and territorial jurisdiction. 651. Theft or embezzlement from employee benefit plan. 652. Theft or embezzlement from employment and training funds; improper inducement. 653. Theft or bribery concerning programs receiving Federal funds. 654. Theft of major artwork. 655. Theft or embezzlement in connection with health care. 656. Embezzlement of labor organization assets. 657. Theft of medical products. 641. Public money, property or records (a) Offense Whoever— (1) embezzles, steals, purloins, or knowingly converts to his use or the use of another, or without authority, sells, conveys or disposes of any record, voucher, money, or thing of value of the United States or of any department or agency thereof, or any property made or being made under contract for the United States or any department or agency thereof; or (2) receives, conceals, or retains the same with intent to convert it to his use or gain, knowing it to have been embezzled, stolen, purloined or converted; shall be imprisoned not more than ten years; but if the value of such property in the aggregate, combining amounts from all the counts for which the defendant is convicted in a single case, does not exceed the sum of $1,000, he shall be imprisoned not more than one year. (b) Definition As used in this section, the term value means face, par, or market value, or cost price, either wholesale or retail, whichever is greater. 642. Accounting generally for public money Whoever, being an officer, employee or agent of the United States or of any department or agency thereof, having received public money which he is not authorized to retain as salary, pay, or emolument, fails to render his accounts for the same as provided by law is guilty of embezzlement, and shall be or imprisoned not more than ten years; but if the amount embezzled does not exceed $1,000, he shall be imprisoned not more than one year. 643. Officer or employee of United States converting property of another Whoever, being an officer or employee of the United States or of any department or agency thereof, embezzles or wrongfully converts to his own use the money or property of another which comes into his possession or under his control in the execution of such office or employment, or under color or claim of authority as such officer or employee, shall be imprisoned not more than ten years; but if the sum embezzled is $1,000 or less, he shall be imprisoned not more than one year. 644. Theft, embezzlement, or misapplication by bank officer or employee (a) Offense Whoever, being an officer, director, agent or employee of, or connected in any capacity with any Federal Reserve bank, member bank, depository institution holding company, national bank, insured bank, branch or agency of a foreign bank, or organization operating under section 25 or section 25A of the Federal Reserve Act , or a receiver of a national bank, insured bank, branch, agency, or organization or any agent or employee of the receiver, or a Federal Reserve Agent, or an agent or employee of a Federal Reserve Agent or of the Board of Governors of the Federal Reserve System, embezzles, abstracts, purloins or knowingly misapplies any of the moneys, funds or credits of such bank, branch, agency, or organization or holding company or any moneys, funds, assets or securities intrusted to the custody or care of such bank, branch, agency, or organization, or holding company or to the custody or care of any such agent, officer, director, employee or receiver, shall be imprisoned not more than 30 years; but if the amount embezzled, abstracted, purloined or misapplied does not exceed $1,000, he shall be imprisoned not more than one year. (b) Definitions As used in this section— (1) the term member bank means any national bank, state bank, or bank and trust company which has become a member of one of the Federal Reserve banks; (2) the term insured bank means any bank, banking association, trust company, savings bank, or other banking institution, the deposits of which are insured by the Federal Deposit Insurance Corporation; (3) the term branch or agency of a foreign bank means a branch or agency described in paragraph (E) of the definition of financial institution in section 1; and (4) the term depository institution holding company has the meaning given such term in section 3 of the Federal Deposit Insurance Act . 645. Lending, credit, and insurance institutions Whoever, being an officer, agent or employee of or connected in any capacity with the Federal Deposit Insurance Corporation, National Credit Union Administration, any Federal home loan bank, the Federal Housing Finance Agency, Farm Credit Administration, Department of Housing and Urban Development, Federal Crop Insurance Corporation, the Secretary of Agriculture acting through the Farmers Home Administration or successor agency, the Rural Development Administration or successor agency, or the Farm Credit System Insurance Corporation, a Farm Credit Bank, a bank for cooperatives or any lending, mortgage, insurance, credit or savings and loan corporation or association authorized or acting under the laws of the United States or any institution, other than an insured bank (as defined in section 644), the accounts of which are insured by the Federal Deposit Insurance Corporation, or by the National Credit Union Administration Board or any small business investment company, or any community development financial institution receiving financial assistance under the Riegle Community Development and Regulatory Improvement Act of 1994, and whoever, being a receiver of any such institution, or agent or employee of the receiver, embezzles, abstracts, purloins or knowingly misapplies any moneys, funds, credits, securities or other things of value belonging to such institution, or pledged or otherwise intrusted to its care, shall be imprisoned not more than 30 years; but if the amount or value embezzled, abstracted, purloined or misapplied does not exceed $1,000, he shall be imprisoned not more than one year. 646. Property mortgaged or pledged to farm credit agencies Whoever, with intent to defraud, knowingly conceals, removes, disposes of, or converts to his own use or to that of another, any property mortgaged or pledged to, or held by, the Farm Credit Administration, any Federal intermediate credit bank, or the Federal Crop Insurance Corporation, the Secretary of Agriculture acting through the Farmers Home Administration or successor agency, the Rural Development Administration or successor agency, any regional agricultural credit corporation, or any bank for cooperatives, shall be imprisoned not more than five years; but if the value of such property does not exceed $1,000, he shall be imprisoned not more than one year. 647. Interstate or foreign shipments by carrier Whoever— (1) embezzles, steals, or unlawfully takes, carries away, or conceals, or by fraud or deception obtains from any pipeline system, railroad car, wagon, motortruck, trailer, or other vehicle, or from any tank or storage facility, station, station house, platform or depot or from any steamboat, vessel, or wharf, or from any aircraft, air cargo container, air terminal, airport, aircraft terminal or air navigation facility, or from any intermodal container, trailer, container freight station, warehouse, or freight consolidation facility, with intent to convert to his own use any goods or chattels moving as or which are a part of or which constitute an interstate or foreign shipment of freight, express, or other property; (2) buys or receives or has in his possession any such goods or chattels, knowing the same to have been embezzled or stolen; (3) embezzles, steals, or unlawfully takes, carries away, or by fraud or deception obtains with intent to convert to his own use any baggage which shall have come into the possession of any common carrier for transportation in interstate or foreign commerce or breaks into, steals, takes, carries away, or conceals any of the contents of such baggage, or buys, receives, or has in his possession any such baggage or any article therefrom of whatever nature, knowing the same to have been embezzled or stolen; or (4) embezzles, steals, or unlawfully takes by any fraudulent device, scheme, or game, from any railroad car, bus, vehicle, steamboat, vessel, or aircraft operated by any common carrier moving in interstate or foreign commerce or from any passenger thereon any money, baggage, goods, or chattels, or whoever buys, receives, or has in his possession any such money, baggage, goods, or chattels, knowing the same to have been embezzled or stolen; shall be imprisoned not more than ten years, but if the amount or value of such money, baggage, goods, or chattels does not exceed $1,000, shall be imprisoned not more than one year. If the offense involves a pre-retail medical product (as defined in section 657), it shall be punished under section 657 unless the penalties provided for under this section are greater. 648. Carrier’s funds derived from commerce (a) Offense Whoever, being a president, director, officer, or manager of any firm, association, or corporation engaged in commerce as a common carrier, or whoever, being an employee of such common carrier riding in or upon any railroad car, motortruck, steamboat, vessel, aircraft or other vehicle of such carrier moving in interstate commerce, embezzles, steals, abstracts, or knowingly misapplies, or knowingly permits to be misapplied, any of the moneys, funds, credits, securities, property, or assets of such firm, association, or corporation arising or accruing from, or used in, such commerce, in whole or in part, or knowingly converts the same to his own use or to the use of another, shall be imprisoned not more than ten years. (b) Venue The offense shall be deemed to have been committed not only in the district where the violation first occurred but also in any district in which the defendant may have taken or had possession of such moneys, funds, credits, securities, property or assets. 649. Within special maritime and territorial jurisdiction Whoever, within the special maritime and territorial jurisdiction of the United States, takes and carries away, with intent to steal or purloin, any personal property of another shall, if the property taken is of a value exceeding $1,000, or is taken from the person of another, be imprisoned not more than five years, and in all other cases, imprisoned not more than one year. 650. Receiving stolen property within special maritime and territorial jurisdiction Whoever, within the special maritime and territorial jurisdiction of the United States, buys, receives, or conceals any money, goods, bank notes, or other thing which may be the subject of larceny, which has been feloniously taken, stolen, or embezzled, from any other person, knowing the same to have been so taken, stolen, or embezzled, shall be imprisoned not more than three years, but if the amount or value of thing so taken, stolen or embezzled does not exceed $1,000, the offender shall be imprisoned not more than one year. 651. Theft or embezzlement from employee benefit plan (a) Offense Whoever embezzles, steals, or unlawfully and knowingly abstracts or converts any property of any employee welfare benefit plan or employee pension benefit plan, or of any fund connected therewith, shall be imprisoned not more than five years. (b) Definition As used in this section, the term any employee welfare benefit plan or employee pension benefit plan means any employee benefit plan subject to any provision of title I of the Employee Retirement Income Security Act of 1974 . 652. Theft or embezzlement from employment and training funds; improper inducement (a) Theft or embezzlement from employment and training funds Whoever, being an officer, director, agent, or employee of, or connected in any capacity with any agency or organization receiving financial assistance or any funds under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998 knowingly enrolls an ineligible participant, embezzles, misapplies, steals, or obtains by fraud any property that is the subject of a financial assistance agreement or contract pursuant to such Act shall be imprisoned for not more than 2 years, but if the amount so embezzled, misapplied, stolen, or obtained by fraud does not exceed $1,000, the offender shall be imprisoned not more than 1 year. (b) Improper inducement Whoever, by threat or procuring dismissal of any person from employment or of refusal to employ or refusal to renew a contract of employment in connection with a financial assistance agreement or contract under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998 induces any person to give up any money or thing of any value to any person (including such organization or agency receiving funds) shall be imprisoned not more than 1 year. 653. Theft or bribery concerning programs receiving Federal funds (a) Offense Whoever, as made applicable by subsection (b)— (1) being an agent of an organization, or of a State, local, or Indian tribal government, or any agency thereof— (A) embezzles, steals, obtains by fraud, or otherwise without authority knowingly converts or intentionally misapplies, property that— (i) is valued at $5,000 or more, and (ii) is owned by, or is under the care, custody, or control of such organization, government, or agency; or (B) corruptly solicits or demands for the benefit of any person, or accepts or agrees to accept, anything of value from any person, intending to be influenced or rewarded in connection with any business, transaction, or series of transactions of such organization, government, or agency involving any thing of value of $5,000 or more; or (2) corruptly gives, offers, or agrees to give anything of value to any person, with intent to influence or reward an agent of an organization or of a State, local or Indian tribal government, or any agency thereof, in connection with any business, transaction, or series of transactions of such organization, government, or agency involving anything of value of $5,000 or more; shall be imprisoned not more than 10 years. (b) Applicability Subsection (a) applies if the organization, government, or agency receives, in any one year period, benefits in excess of $10,000 under a Federal program involving a grant, contract, subsidy, loan, guarantee, insurance, or other form of Federal assistance. (c) Exclusion This section does not apply to bona fide salary, wages, fees, or other compensation paid, or expenses paid or reimbursed, in the usual course of business. (d) Definitions As used in this section— (1) the term agent means a person authorized to act on behalf of another person or a government and, in the case of an organization or government, includes a servant or employee, and a partner, director, officer, manager, and representative; (2) the term government agency means a subdivision of the executive, legislative, judicial, or other branch of government, including a department, independent establishment, commission, administration, authority, board, and bureau, and a corporation or other legal entity established, and subject to control, by a government or governments for the execution of a governmental or intergovernmental program; (3) the term local means of or pertaining to a political subdivision within a State; and (4) the term in any one-year period means a continuous period that commences no earlier than twelve months before the commission of the offense or that ends no later than twelve months after the commission of the offense. Such period may include time both before and after the commission of the offense. 654. Theft of major artwork (a) Offenses A person who— (1) steals or obtains by fraud from the care, custody, or control of a museum any object of cultural heritage; or (2) knowing that an object of cultural heritage has been stolen or obtained by fraud, if in fact the object was stolen or obtained from the care, custody, or control of a museum (whether or not that fact is known to the person), receives, conceals, exhibits, or disposes of the object, shall be imprisoned not more than 10 years. (b) Definitions In this section— (1) the term museum means an organized and permanent institution, the activities of which affect interstate or foreign commerce, that— (A) is situated in the United States; (B) is established for an essentially educational or aesthetic purpose; (C) has a professional staff; and (D) owns, utilizes, and cares for tangible objects that are exhibited to the public on a regular schedule; and (2) the term object of cultural heritage means an object that is— (A) over 100 years old and worth in excess of $5,000; or (B) worth at least $100,000. 655. Theft or embezzlement in connection with health care Whoever knowingly embezzles, steals, or otherwise without authority converts or intentionally misapplies any of the moneys, funds, securities, premiums, credits, property, or other assets of a health care benefit program, shall be imprisoned not more than 10 years, but if the value of such property does not exceed the sum of $100 the offender shall be imprisoned not more than one year. 656. Embezzlement of labor organization assets (a) Offense Whoever, being an officer or employee of a labor organization, embezzles, steals, or unlawfully and knowingly abstracts or converts any of the property of the organization shall be imprisoned for not more than five years. (b) Definition As used in this section the term labor organization has the meaning given that term in the National Labor Relations Act. 657. Theft of medical products (a) Prohibited conduct Whoever, in, or using any means or facility of, interstate or foreign commerce— (1) embezzles, steals, or by fraud or deception obtains, or knowingly and unlawfully takes, carries away, or conceals a pre-retail medical product; (2) knowingly and falsely makes, alters, forges, or counterfeits the labeling or documentation (including documentation relating to origination or shipping) of a pre-retail medical product; (3) possesses, transports, or traffics in a pre-retail medical product that was involved in a violation of paragraph (1) or (2); (4) with intent to defraud, buys, or otherwise obtains, a pre-retail medical product that has expired or been stolen; or (5) with intent to defraud, sells, or distributes, a pre-retail medical product that is expired or stolen; shall be punished as provided in subsection (c) and be subject to the other sanctions provided in this section. (b) Aggravated offenses An offense under this section is an aggravated offense if— (1) the defendant is employed by, or is an agent of, an organization in the supply chain for the pre-retail medical product; or (2) the violation— (A) involves the use of violence, force, or a threat of violence or force; (B) involves the use of a deadly weapon; (C) results in serious bodily injury or death, including serious bodily injury or death resulting from the use of the medical product involved; or (D) is subsequent to a prior conviction for an offense under this section. (c) Criminal penalties Whoever violates subsection (a)— (1) if the offense is an aggravated offense under subsection (b)(2)(C), shall be fined under this title or imprisoned not more than 30 years, or both; (2) if the value of the medical products involved in the offense is $5,000 or greater, shall be fined under this title, imprisoned for not more than 15 years, or both, but if the offense is an aggravated offense other than one under subsection (b)(2)(C), the maximum term of imprisonment is 20 years; and (3) in any other case, shall be fined under this title, imprisoned for not more than 3 years, or both, but if the offense is an aggravated offense other than one under subsection (b)(2)(C), the maximum term of imprisonment is 5 years. (d) Civil penalties Whoever violates subsection (a) is subject to a civil penalty in an amount not more than the greater of— (1) three times the economic loss attributable to the violation; or (2) $1,000,000. (e) Definitions In this section— (1) the term pre-retail medical product means a medical product that has not yet been made available for retail purchase by a consumer; (2) the term medical product means a drug, biological product, device, medical food, or infant formula; (3) the terms device , drug , infant formula , and labeling have, respectively, the meanings given those terms in section 201 of the Federal Food, Drug, and Cosmetic Act; (4) the term biological product has the meaning given the term in section 351 of the Public Health Service Act; (5) the term medical food has the meaning given the term in section 5(b) of the Orphan Drug Act; and (6) the term supply chain includes manufacturer, wholesaler, repacker, own-labeled distributor, private-label distributor, jobber, broker, drug trader, transportation company, hospital, pharmacy, or security company. B STOLEN PROPERTY 670. Definitions for subchapter. 671. Transportation of stolen vehicles. 672. Sale or receipt of stolen vehicles. 673. Transportation of stolen goods, securities, moneys, fraudulent State tax stamps, or articles used in counterfeiting. 674. Sale or receipt of stolen goods, securities, moneys, or fraudulent State tax stamps. 675. Trafficking in counterfeit labels, illicit labels, or counterfeit documentation or packaging. 676. Criminal infringement of a copyright. 677. Copyright infringement. 678. Unauthorized fixation of and trafficking in sound recordings and music videos of live musical performances. 679. Unauthorized recording of motion pictures in a motion picture exhibition facility. 680. Trafficking in counterfeit goods or services. 681. Trafficking in certain motor vehicles or motor vehicle parts. 682. Chop shops. 670. Definitions for subchapter The following definitions apply in this subchapter: (1) The term aircraft means any contrivance now known or hereafter invented, used, or designed for navigation of or for flight in the air. (2) The term money means the legal tender of the United States or of any foreign country, or any counterfeit thereof. (3) The term motor vehicle means an automobile, automobile truck, automobile wagon, motorcycle, or any other self-propelled vehicle designed for running on land but not on rails. (4) The term securities means any note, stock certificate, bond, debenture, check, draft, warrant, traveler’s check, letter of credit, warehouse receipt, negotiable bill of lading, evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement, collateral-trust certificate, preorganization certificate or subscription, transferable share, investment contract, voting-trust certificate; valid or blank motor vehicle title; certificate of interest in property, tangible or intangible; instrument or document or writing evidencing ownership of goods, wares, and merchandise, or transferring or assigning any right, title, or interest in or to goods, wares, and merchandise; or, in general, any instrument commonly known as a security , or any certificate of interest or participation in, temporary or interim certificate for, receipt for, warrant, or right to subscribe to or purchase any of the foregoing, or any forged, counterfeited, or spurious representation of any of the foregoing. (5) The term tax stamp means any tax stamp, tax token, tax meter imprint, or any other form of evidence of an obligation running to a State, or evidence of the discharge thereof. (6) The term value means the face, par, or market value, whichever is the greatest, and the aggregate value of all goods, wares, and merchandise, securities, and money referred to in a single indictment shall constitute the value thereof. (7) The term vessel means any watercraft or other contrivance used or designed for transportation or navigation on, under, or immediately above, water. 671. Transportation of stolen vehicles Whoever transports in interstate or foreign commerce a motor vehicle, vessel, or aircraft, knowing the same to have been stolen, shall be imprisoned not more than 10 years. 672. Sale or receipt of stolen vehicles Whoever receives, possesses, conceals, stores, barters, sells, or disposes of any motor vehicle, vessel, or aircraft, which has crossed a State or United States boundary after being stolen, knowing the same to have been stolen, shall be imprisoned not more than 10 years. 673. Transportation of stolen goods, securities, moneys, fraudulent State tax stamps, or articles used in counterfeiting Whoever— (1) transports, transmits, or transfers in interstate or foreign commerce any goods, wares, merchandise, securities or money, of the value of $5,000 or more, knowing the same to have been stolen, converted or taken by fraud; (2) having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transports or causes to be transported, or induces any person or persons to travel in, or to be transported in interstate or foreign commerce in the execution or concealment of a scheme or artifice to defraud that person or those persons of money or property having a value of $5,000 or more; (3) with unlawful intent, transports in interstate or foreign commerce any falsely made, forged, altered, or counterfeited securities or tax stamps, knowing the same to have been falsely made, forged, altered, or counterfeited; (4) with unlawful intent, transports in interstate or foreign commerce any traveler’s check bearing a forged countersignature; (5) with unlawful intent, transports in interstate or foreign commerce, any tool, implement, or thing used or fitted to be used in falsely making, forging, altering, or counterfeiting any security or tax stamps, or any part thereof; or (6) transports, transmits, or transfers in interstate or foreign commerce any veterans' memorial object, knowing the same to have been stolen, converted or taken by fraud; shall be imprisoned not more than ten years. If the offense involves a pre-retail medical product (as defined in section 657), it shall be punished under section 657 unless the penalties provided for the offense under this section are greater. If the offense involves the transportation, transmission, or transfer in interstate or foreign commerce of veterans' memorial objects with a value, in the aggregate, of less than $1,000, the defendant shall be fined under this title or imprisoned not more than one year, or both. For purposes of this section the term veterans' memorial object means a grave marker, headstone, monument, or other object, intended to permanently honor a veteran or mark a veteran's grave, or any monument that signifies an event of national military historical significance. 674. Sale or receipt of stolen goods, securities, moneys, or fraudulent State tax stamps Whoever— (1) receives, possesses, conceals, stores, barters, sells, or disposes of any goods, wares, or merchandise, securities, or money of the value of $5,000 or more, or pledges or accepts as security for a loan any goods, wares, or merchandise, or securities, of the value of $500 or more, which have crossed a State or United States boundary after being stolen, unlawfully converted, or taken, knowing the same to have been stolen, unlawfully converted, or taken; (2) receives, possesses, conceals, stores, barters, sells, or disposes of any falsely made, forged, altered, or counterfeited securities or tax stamps, or pledges or accepts as security for a loan any falsely made, forged, altered, or counterfeited securities or tax stamps, moving as, or which are a part of, or which constitute interstate or foreign commerce, knowing the same to have been so falsely made, forged, altered, or counterfeited; (3) receives in interstate or foreign commerce, or conceals, stores, barters, sells, or disposes of, any tool, implement, or thing used or intended to be used in falsely making, forging, altering, or counterfeiting any security or tax stamp, or any part thereof, moving as, or which is a part of, or which constitutes interstate or foreign commerce, knowing that the same is fitted to be used, or has been used, in falsely making, forging, altering, or counterfeiting any security or tax stamp, or any part thereof; or (4) receives, possesses, conceals, stores, barters, sells, or disposes of any veterans' memorial object which has crossed a State or United States boundary after being stolen, unlawfully converted, or taken, knowing the same to have been stolen, unlawfully converted, or taken; shall be imprisoned not more than ten years. If the offense involves a pre-retail medical product (as defined in section 657), it shall be punished under section 657 unless the penalties provided for the offense under this section are greater. If the offense involves the receipt, possession, concealment, storage, barter, sale, or disposal of veterans' memorial objects with a value, in the aggregate, of less than $1,000, the defendant shall be fined under this title or imprisoned not more than one year, or both. For purposes of this section the term veterans' memorial object means a grave marker, headstone, monument, or other object, intended to permanently honor a veteran or mark a veteran's grave, or any monument that signifies an event of national military historical significance. 675. Trafficking in counterfeit labels, illicit labels, or counterfeit documentation or packaging (a) Offense Whoever, as made applicable by subsection (c), knowingly traffics in— (1) a counterfeit label or illicit label affixed to, enclosing, or accompanying, or designed to be affixed to, enclose, or accompany— (A) a phonorecord; (B) a copy of a computer program; (C) a copy of a motion picture or other audiovisual work; (D) a copy of a literary work; (E) a copy of a pictorial, graphic, or sculptural work; (F) a work of visual art; or (G) documentation or packaging; or (2) counterfeit documentation or packaging, shall be imprisoned for not more than 5 years. (b) Definitions As used in this section— (1) the term counterfeit label means an identifying label or container that appears to be genuine, but is not; (2) the term traffic has the meaning given that term in section 680; (3) the terms copy , phonorecord , motion picture , computer program , audiovisual work , literary work , pictorial, graphic, or sculptural work , sound recording , work of visual art , and copyright owner have, respectively, the meanings given those terms in section 101 (relating to definitions) of title 17; (4) the term illicit label means a genuine certificate, licensing document, registration card, or similar labeling component— (A) that is used by the copyright owner to verify that a phonorecord, a copy of a computer program, a copy of a motion picture or other audiovisual work, a copy of a literary work, a copy of a pictorial, graphic, or sculptural work, a work of visual art, or documentation or packaging is not counterfeit or infringing of any copyright; and (B) that is, without the authorization of the copyright owner— (i) distributed or intended for distribution not in connection with the copy, phonorecord, or work of visual art to which such labeling component was intended to be affixed by the respective copyright owner; or (ii) in connection with a genuine certificate or licensing document, knowingly falsified in order to designate a higher number of licensed users or copies than authorized by the copyright owner, unless that certificate or document is used by the copyright owner solely for the purpose of monitoring or tracking the copyright owner’s distribution channel and not for the purpose of verifying that a copy or phonorecord is noninfringing; (5) the term documentation or packaging means documentation or packaging, in physical form, for a phonorecord, copy of a computer program, copy of a motion picture or other audiovisual work, copy of a literary work, copy of a pictorial, graphic, or sculptural work, or work of visual art; and (6) the term counterfeit documentation or packaging means documentation or packaging that appears to be genuine, but is not. (c) Application Subsection (a) applies if— (1) the offense is committed within the special maritime and territorial jurisdiction of the United States or within the special aircraft jurisdiction of the United States (as defined in section 46501 of title 49); (2) the mail or a facility of interstate or foreign commerce is used or intended to be used in the commission of the offense; (3) the counterfeit label or illicit label is affixed to, encloses, or accompanies, or is designed to be affixed to, enclose, or accompany— (A) a phonorecord of a copyrighted sound recording or copyrighted musical work; (B) a copy of a copyrighted computer program; (C) a copy of a copyrighted motion picture or other audiovisual work; (D) a copy of a literary work; (E) a copy of a pictorial, graphic, or sculptural work; (F) a work of visual art; or (G) copyrighted documentation or packaging; or (4) the counterfeited documentation or packaging is copyrighted. (d) Civil remedies (1) In general Any copyright owner who is injured, or is threatened with injury, by a violation of subsection (a) may bring a civil action in an appropriate United States district court. (2) Discretion of court In any action brought under paragraph (1), the court— (A) may grant 1 or more temporary or permanent injunctions on such terms as the court determines to be reasonable to prevent or restrain a violation of subsection (a); (B) at any time while the action is pending, may order the impounding, on such terms as the court determines to be reasonable, of any article that is in the custody or control of the alleged violator and that the court has reasonable cause to believe was involved in a violation of subsection (a); and (C) may award to the injured party— (i) reasonable attorney fees and costs; and (ii) (I) actual damages and any additional profits of the violator, as provided in paragraph (3); or (II) statutory damages, as provided in paragraph (4). (3) Actual damages and profits (A) In general The injured party is entitled to recover— (i) the actual damages suffered by the injured party as a result of a violation of subsection (a), as provided in subparagraph (B) of this paragraph; and (ii) any profits of the violator that are attributable to a violation of subsection (a) and are not taken into account in computing the actual damages. (B) Calculation of damages The court shall calculate actual damages by multiplying— (i) the value of the phonorecords, copies, or works of visual art which are, or are intended to be, affixed with, enclosed in, or accompanied by any counterfeit labels, illicit labels, or counterfeit documentation or packaging, by (ii) the number of phonorecords, copies, or works of visual art which are, or are intended to be, affixed with, enclosed in, or accompanied by any counterfeit labels, illicit labels, or counterfeit documentation or packaging. (C) Definition For purposes of this paragraph, the value of a phonorecord, copy, or work of visual art is— (i) in the case of a copyrighted sound recording or copyrighted musical work, the retail value of an authorized phonorecord of that sound recording or musical work; (ii) in the case of a copyrighted computer program, the retail value of an authorized copy of that computer program; (iii) in the case of a copyrighted motion picture or other audiovisual work, the retail value of an authorized copy of that motion picture or audiovisual work; (iv) in the case of a copyrighted literary work, the retail value of an authorized copy of that literary work; (v) in the case of a pictorial, graphic, or sculptural work, the retail value of an authorized copy of that work; and (vi) in the case of a work of visual art, the retail value of that work. (4) Statutory damages The injured party may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for each violation of subsection (a) in a sum of not less than $2,500 or more than $25,000, as the court considers appropriate. (5) Subsequent violation The court may increase an award of damages under this subsection by 3 times the amount that would otherwise be awarded, as the court considers appropriate, if the court finds that a person has subsequently violated subsection (a) within 3 years after a final judgment was entered against that person for a violation of that subsection. (6) Limitation on actions A civil action may not be commenced under this subsection unless it is commenced within 3 years after the date on which the claimant discovers the violation of subsection (a). 676. Criminal infringement of a copyright (a) Section 677 offenses in general Whoever violates section 677 shall be punished as provided in subsections (b), (c), and (d). (b) Subsection (a)(1)(A) offenses Whoever commits an offense under section 677(a)(1)(A)— (1) shall be imprisoned not more than 5 years, if the offense consists of the reproduction or distribution, including by electronic means, during any 180-day period, of at least 10 copies or phonorecords, of 1 or more copyrighted works, which have a total retail value of more than $2,500; (2) shall be imprisoned not more than 10 years if the offense is a felony and is a second or subsequent offense under subsection (a); and (3) shall be imprisoned not more than 1 year in any other case. (c) Subsection (a)(1)(B) offenses Whoever commits an offense under section 677(a)(1)(B)— (1) shall be imprisoned not more than 3 years, if the offense consists of the reproduction or distribution of 10 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of $2,500 or more; (2) shall be imprisoned not more than 6 years, or if the offense is a felony and is a second or subsequent offense under subsection (a); and (3) shall be imprisoned not more than 1 year, or if the offense consists of the reproduction or distribution of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000. (d) Subsection (a)(1)(C) offenses Whoever commits an offense under section 677(a)(1)(C)— (1) shall be imprisoned not more than 3 years; (2) shall be imprisoned not more than 5 years if the offense was committed for purposes of commercial advantage or private financial gain; (3) shall be imprisoned not more than 6 years if the offense is a second or subsequent offense; and (4) shall be imprisoned not more than 10 years if the offense is a second or subsequent offense under paragraph (2). (e) Victim impact (1) In general During preparation of the presentence report pursuant to Rule 32(c) of the Federal Rules of Criminal Procedure, victims of the offense shall be permitted to submit, and the probation officer shall receive, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim, including the estimated economic impact of the offense on that victim. (2) Persons permitted to submit Persons permitted to submit victim impact statements shall include— (A) producers and sellers of legitimate works affected by conduct involved in the offense; (B) holders of intellectual property rights in such works; and (C) the legal representatives of such producers, sellers, and holders. (f) Definitions As used in this section— (1) the terms phonorecord and copies have, respectively, the meanings set forth in section 101 (relating to definitions) of title 17; (2) the terms reproduction and distribution refer to the exclusive rights of a copyright owner under clauses (1) and (3) respectively of section 106 (relating to exclusive rights in copyrighted works), as limited by sections 107 through 122, of title 17; (3) the term financial gain has the meaning given the term in section 101 of title 17; and (4) the term work being prepared for commercial distribution has the meaning given the term in section 677. 677. Copyright infringement (a) Criminal infringement (1) In general Whoever knowingly infringes a copyright shall be punished as provided under section 676, if the infringement was committed— (A) for purposes of commercial advantage or private financial gain; (B) by the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000; or (C) by the distribution of a work being prepared for commercial distribution, by making it available on a computer network accessible to members of the public, if such person knew or should have known that the work was intended for commercial distribution. (2) Evidence For purposes of this subsection, evidence of reproduction or distribution of a copyrighted work, by itself, shall not be sufficient to establish knowing infringement of a copyright. (3) Definition In this subsection, the term work being prepared for commercial distribution means— (A) a computer program, a musical work, a motion picture or other audiovisual work, or a sound recording, if, at the time of unauthorized distribution— (i) the copyright owner has a reasonable expectation of commercial distribution; and (ii) the copies or phonorecords of the work have not been commercially distributed; or (B) a motion picture, if, at the time of unauthorized distribution, the motion picture— (i) has been made available for viewing in a motion picture exhibition facility; and (ii) has not been made available in copies for sale to the general public in the United States in a format intended to permit viewing outside a motion picture exhibition facility. (b) Fraudulent copyright notice Whoever, with fraudulent intent, places on any article a notice of copyright or words of the same purport that such person knows to be false, or who, with fraudulent intent, publicly distributes or imports for public distribution any article bearing such notice or words that such person knows to be false, shall be fined not more than $2,500. (c) Fraudulent removal of copyright notice Whoever, with fraudulent intent, removes or alters any notice of copyright appearing on a copy of a copyrighted work shall be fined not more than $2,500. (d) False representation Whoever knowingly makes a false representation of a material fact in the application for copyright registration provided for by section 409 of title 17, or in any written statement filed in connection with the application, shall be fined not more than $2,500. (e) Rights of attribution and integrity Nothing in this section applies to infringement of the rights conferred by section 106A(a) of title 17. 678. Unauthorized fixation of and trafficking in sound recordings and music videos of live musical performances (a) Offense Whoever, without the consent of the performer or performers involved, knowingly and for purposes of commercial advantage or private financial gain— (1) fixes the sounds or sounds and images of a live musical performance in a copy or phonorecord, or reproduces copies or phonorecords of such a performance from an unauthorized fixation; (2) transmits or otherwise communicates to the public the sounds or sounds and images of a live musical performance; or (3) distributes or offers to distribute, sells or offers to sell, rents or offers to rent, or traffics in any copy or phonorecord fixed as described in paragraph (1), regardless of whether the fixations occurred in the United States; shall be imprisoned for not more than 5 years, or if the offense is a second or subsequent offense, shall be imprisoned for not more than 10 years. (b) Seizure and forfeiture If copies or phonorecords of sounds or sounds and images of a live musical performance are fixed outside of the United States without the consent of the performer or performers involved, such copies or phonorecords are subject to seizure and forfeiture in the United States in the same manner as property imported in violation of the customs laws. The Secretary of Homeland Security shall issue regulations by which any performer may, upon payment of a specified fee, be entitled to notification by United States Customs and Border Protection of the importation of copies or phonorecords that appear to consist of unauthorized fixations of the sounds or sounds and images of a live musical performance. (c) Victim impact statement (1) During preparation of the presentence report pursuant to Rule 32(c) of the Federal Rules of Criminal Procedure, victims of the offense shall be permitted to submit, and the probation officer shall receive, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim, including the estimated economic impact of the offense on that victim. (2) Persons permitted to submit victim impact statements shall include— (A) producers and sellers of legitimate works affected by conduct involved in the offense; (B) holders of intellectual property rights in such works; and (C) the legal representatives of such producers, sellers, and holders. (d) Definitions As used in this section— (1) the terms copy , fixed , musical work , phonorecord , reproduce , sound recordings , and transmit mean those terms within the meaning of title 17; and (2) the term traffic has the meaning given that term in section 680. (e) Applicability This section applies to any conduct that occurs on or after the date of the enactment of the Uruguay Round Agreements Act. 679. Unauthorized recording of motion pictures in a motion picture exhibition facility (a) Offense Whoever, without the authorization of the copyright owner, knowingly uses or attempts to use an audiovisual recording device to transmit or make a copy of a motion picture or other audiovisual work protected under title 17, or any part thereof, from a performance of such work in a motion picture exhibition facility, shall— (1) be imprisoned for not more than 3 years; or (2) if the offense is a second or subsequent offense, be imprisoned for no more than 6 years. The possession by a person of an audiovisual recording device in a motion picture exhibition facility may be considered as evidence in any proceeding to determine whether that person committed an offense under this subsection, but shall not, by itself, be sufficient to support a conviction of that person for such offense. (b) Authorized activities This section does not prevent any lawfully authorized investigative, protective, or intelligence activity by an officer, agent, or employee of the United States, a State, or a political subdivision of a State, or by a person acting under a contract with the United States, a State, or a political subdivision of a State. (c) Immunity for theaters With reasonable cause, the owner or lessee of a motion picture exhibition facility where a motion picture or other audiovisual work is being exhibited, the authorized agent or employee of such owner or lessee, the licensor of the motion picture or other audiovisual work being exhibited, or the agent or employee of such licensor— (1) may detain, in a reasonable manner and for a reasonable time, any person suspected of a violation of this section with respect to that motion picture or audiovisual work for the purpose of questioning or summoning a law enforcement officer; and (2) shall not be held liable in any civil or criminal action arising out of a detention under paragraph (1). (d) Victim impact statement (1) In general During the preparation of the presentence report under rule 32(c) of the Federal Rules of Criminal Procedure, victims of an offense under this section shall be permitted to submit to the probation officer a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim, including the estimated economic impact of the offense on that victim. (2) Contents A victim impact statement submitted under this subsection shall include— (A) producers and sellers of legitimate works affected by conduct involved in the offense; (B) holders of intellectual property rights in the works described in subparagraph (A); and (C) the legal representatives of such producers, sellers, and holders. (e) Definitions In this section, the following definitions apply: (1) Title 17 definitions The terms audiovisual work , copy , copyright owner , motion picture , motion picture exhibition facility , and transmit have, respectively, the meanings given those terms in section 101 of title 17. (2) Audiovisual recording device The term audiovisual recording device means a digital or analog photographic or video camera, or any other technology or device capable of enabling the recording or transmission of a copyrighted motion picture or other audiovisual work, or any part thereof, regardless of whether audiovisual recording is the sole or primary purpose of the device. 680. Trafficking in counterfeit goods or services (a) Offenses Whoever intentionally— (1) traffics in goods or services and knowingly uses a counterfeit mark on or in connection with such goods or services, (2) traffics in labels, patches, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, or packaging of any type or nature, knowing that a counterfeit mark has been applied thereto, the use of which is likely to cause confusion, to cause mistake, or to deceive, (3) traffics in goods or services knowing that such good or service is a counterfeit military good or service the use, malfunction, or failure of which is likely to cause serious bodily injury or death, the disclosure of classified information, impairment of combat operations, or other significant harm to a combat operation, a member of the Armed Forces, or to national security, or (4) traffics in a counterfeit drug, shall be punished as provided in subsection (b). (b) Penalties (1) In general Whoever commits an offense under subsection (a)— (A) if an individual, shall be fined not more than $2,000,000 or imprisoned not more than 10 years, or both, and, if a person other than an individual, shall be fined not more than $5,000,000; and (B) for a second or subsequent offense under subsection (a), if an individual, shall be fined not more than $5,000,000 or imprisoned not more than 20 years, or both, and if other than an individual, shall be fined not more than $15,000,000. (2) Serious bodily injury or death (A) Serious bodily injury Whoever knowingly or recklessly causes or attempts to cause serious bodily injury from conduct in violation of subsection (a), if an individual, shall be fined not more than $5,000,000 or imprisoned for not more than 20 years, or both, and if other than an individual, shall be fined not more than $15,000,000. (B) Death Whoever knowingly or recklessly causes or attempts to cause death from conduct in violation of subsection (a), if an individual, shall be fined not more than $5,000,000 or imprisoned for any term of years or for life, or both, and if other than an individual, shall be fined not more than $15,000,000. (3) Counterfeit military goods or services and counterfeit drugs Whoever commits an offense under subsection (a) involving a counterfeit military good or service or counterfeit drug— (A) if an individual, shall be fined not more than $5,000,000, imprisoned not more than 20 years, or both, and if other than an individual, be fined not more than $15,000,000; and (B) for a second or subsequent offense, if an individual, shall be fined not more than $15,000,000, imprisoned not more than 30 years, or both, and if other than an individual, shall be fined not more than $30,000,000. (c) Forfeiture and destruction of property; restitution Forfeiture, destruction, and restitution relating to this section shall be subject to section 2323, to the extent provided in that section, in addition to any other similar remedies provided by law. (d) Application of Lanham Act defenses; affirmative defenses; and limitation on remedies All defenses, affirmative defenses, and limitations on remedies that would be applicable in an action under the Lanham Act shall be applicable in a prosecution under this section. In a prosecution under this section, the defendant shall have the burden of proof, by a preponderance of the evidence, of any such affirmative defense. (e) Presentence report (1) During preparation of the presentence report pursuant to Rule 32(c) of the Federal Rules of Criminal Procedure, victims of the offense shall be permitted to submit, and the probation officer shall receive, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim, including the estimated economic impact of the offense on that victim. (2) Persons permitted to submit victim impact statements shall include— (A) producers and sellers of legitimate goods or services affected by conduct involved in the offense; (B) holders of intellectual property rights in such goods or services; and (C) the legal representatives of such producers, sellers, and holders. (f) Definitions In this section— (1) the term counterfeit drug means a drug, as defined by section 201 of the Federal Food, Drug, and Cosmetic Act, that uses a counterfeit mark on or in connection with the drug; (2) the term counterfeit mark means— (A) a spurious mark— (i) that is used in connection with trafficking in any goods, services, labels, patches, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, or packaging of any type or nature; (ii) that is identical with, or substantially indistinguishable from, a mark registered on the principal register in the United States Patent and Trademark Office and in use, whether or not the defendant knew such mark was so registered; (iii) that is applied to or used in connection with the goods or services for which the mark is registered with the United States Patent and Trademark Office, or is applied to or consists of a label, patch, sticker, wrapper, badge, emblem, medallion, charm, box, container, can, case, hangtag, documentation, or packaging of any type or nature that is designed, marketed, or otherwise intended to be used on or in connection with the goods or services for which the mark is registered in the United States Patent and Trademark Office; and (iv) the use of which is likely to cause confusion, to cause mistake, or to deceive; or (B) a spurious designation that is identical with, or substantially indistinguishable from, a designation as to which the remedies of the Lanham Act are made available by reason of section 220506 of title 36; but such term does not include any mark or designation used in connection with goods or services, or a mark or designation applied to labels, patches, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, or packaging of any type or nature used in connection with such goods or services, of which the manufacturer or producer was, at the time of the manufacture or production in question, authorized to use the mark or designation for the type of goods or services so manufactured or produced, by the holder of the right to use such mark or designation; (3) the term financial gain includes the receipt, or expected receipt, of anything of value; (4) the term Lanham Act means the Act entitled An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes , approved July 5, 1946 ( 15 U.S.C. 1051 et seq. ); (5) the term counterfeit military good or service means a good or service that uses a counterfeit mark on or in connection with such good or service and that— (A) is falsely identified or labeled as meeting military specifications, or (B) is intended for use in a military or national security application; and (6) the term traffic means to transport, transfer, or otherwise dispose of, to another, for purposes of commercial advantage or private financial gain, or to make, import, export, obtain control of, or possess, with intent to so transport, transfer, or otherwise dispose of. (g) Limitation on cause of action Nothing in this section shall entitle the United States to bring a criminal cause of action under this section for the repackaging of genuine goods or services not intended to deceive or confuse. (h) Report to congress (1) Beginning with the first year after the date of enactment of this subsection, the Attorney General shall include in the report of the Attorney General to Congress on the business of the Department of Justice prepared pursuant to section 522 of title 28, an accounting, on a district by district basis, of the following with respect to all actions taken by the Department of Justice that involve trafficking in counterfeit labels for phonorecords, copies of computer programs or computer program documentation or packaging, copies of motion pictures or other audiovisual works (as defined in section 2318 of this title), criminal infringement of copyrights (as defined in section 2319 of this title), unauthorized fixation of and trafficking in sound recordings and music videos of live musical performances (as defined in section 2319A of this title), or trafficking in goods or services bearing counterfeit marks (as defined in section 2320 of this title): (A) The number of open investigations. (B) The number of cases referred by the United States Customs Service. (C) The number of cases referred by other agencies or sources. (D) The number and outcome, including settlements, sentences, recoveries, and penalties, of all prosecutions brought under sections 2318, 2319, 2319A, and 2320 of title 18. (2) (A) The report under paragraph (1), with respect to criminal infringement of copyright, shall include the following: (i) The number of infringement cases in these categories: audiovisual (videos and films); audio (sound recordings); literary works (books and musical compositions); computer programs; video games; and, others. (ii) The number of online infringement cases. (iii) The number and dollar amounts of fines assessed in specific categories of dollar amounts. These categories shall be: no fines ordered; fines under $500; fines from $500 to $1,000; fines from $1,000 to $5,000; fines from $5,000 to $10,000; and fines over $10,000. (iv) The total amount of restitution ordered in all copyright infringement cases. (B) In this paragraph, the term online infringement cases as used in paragraph (2) means those cases where the infringer— (i) advertised or publicized the infringing work on the Internet; or (ii) made the infringing work available on the Internet for download, reproduction, performance, or distribution by other persons. (C) The information required under subparagraph (A) shall be submitted in the report required in fiscal year 2005 and thereafter. (i) Transshipment and exportation No goods or services, the trafficking in of which is prohibited by this section, shall be transshipped through or exported from the United States. Any such transshipment or exportation shall be deemed a violation of section 42 of an Act to provide for the registration of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes, approved July 5, 1946 (commonly referred to as the Trademark Act of 1946 or the Lanham Act ). 681. Trafficking in certain motor vehicles or motor vehicle parts (a) Offense Whoever buys, receives, possesses, or obtains control of, with intent to sell or otherwise dispose of, a motor vehicle or motor vehicle part, knowing that an identification number for such motor vehicle or part has been removed, obliterated, tampered with, or altered, shall be imprisoned not more than ten years. (b) Nonapplicability Subsection (a) does not apply if the removal, obliteration, tampering, or alteration— (1) is caused by collision or fire; or (2) is not a violation of section 717. (c) Definitions As used in this section, the terms identification number and motor vehicle have the meaning given those terms in section 717. 682. Chop shops (a) In general (1) Unlawful action Whoever knowingly owns, operates, maintains, or controls a chop shop or conducts operations in a chop shop shall be punished by imprisonment for not more than 15 years. If a conviction of a person under this paragraph is for a violation committed after the first conviction of such person under this paragraph, the maximum punishment shall be doubled with respect to any fine and imprisonment. (2) Injunctions The Attorney General shall, as appropriate, in the case of any person who violates paragraph (1), commence a civil action for permanent or temporary injunction to restrain such violation. (b) Definition For purposes of this section, the term chop shop means any building, lot, facility, or other structure or premise where one or more persons engage in receiving, concealing, destroying, disassembling, dismantling, reassembling, or storing any passenger motor vehicle or passenger motor vehicle part which has been unlawfully obtained in order to alter, counterfeit, deface, destroy, disguise, falsify, forge, obliterate, or remove the identity, including the vehicle identification number or derivative thereof, of such vehicle or vehicle part and to distribute, sell, or dispose of such vehicle or vehicle part in interstate or foreign commerce. C COUNTERFEITING AND FORGERY 691. Counterfeit Acts committed outside the United States. 692. Obligations or securities of United States. 693. Uttering counterfeit obligations or securities. 694. Dealing in counterfeit obligations or securities. 695. Plates, stones, or analog, digital, or electronic images for counterfeiting obligations or securities. 696. Deterrents to counterfeiting of obligations and securities. 697. Taking impressions of tools used for obligations or securities. 698. Possessing or selling impressions of tools used for obligations or securities. 699. Foreign obligations or securities. 700. Uttering counterfeit foreign obligations or securities. 701. Possessing counterfeit foreign obligations or securities. 702. Plates, stones, or analog, digital, or electronic images for counterfeiting foreign obligations or securities. 703. Uttering counterfeit foreign bank notes. 704. Connecting parts of different notes. 705. Tokens or paper used as money. 706. Forfeiture of counterfeit paraphernalia. 707. Bonds and obligations of certain lending agencies. 708. Contracts, deeds, and powers of attorney. 709. Military or naval discharge certificates. 710. Military, naval, or official passes. 711. Money orders. 712. Postage stamps, postage meter stamps, and postal cards. 713. Printing and filming of United States and foreign obligations and securities. 714. Seals of courts; signatures of judges or Court officers. 715. Seals of departments or agencies. 716. Forging endorsements on Treasury checks or bonds or securities of the United States. 717. Altering or removing motor vehicle identification numbers. 718. Securities of the States and private entities. 719. Fictitious obligations. 691. Counterfeit Acts committed outside the United States Whoever, outside the United States, engages in the act of— (1) making, dealing, or possessing any counterfeit obligation or other security of the United States; or (2) making, dealing, or possessing any plate, stone, analog, digital, or electronic image, or other thing, or any part thereof, used to counterfeit such obligation or security, if such act would constitute a violation of section 692, 694, or 695 if committed within the United States, shall be punished as is provided for the like offense within the United States. 692. Obligations or securities of United States Whoever, with intent to defraud, falsely makes, forges, counterfeits, or alters any obligation or other security of the United States, shall be imprisoned not more than 20 years. 693. Uttering counterfeit obligations or securities Whoever, with intent to defraud, passes, utters, publishes, or sells, or attempts to pass, utter, publish, or sell, or with like intent brings into the United States or keeps in possession or conceals any falsely made, forged, counterfeited, or altered obligation or other security of the United States, shall be imprisoned not more than 20 years. 694. Dealing in counterfeit obligations or securities Whoever buys, sells, exchanges, transfers, receives, or delivers any false, forged, counterfeited, or altered obligation or other security of the United States, with the intent that the same be passed, published, or used as true and genuine, shall be imprisoned not more than 20 years. 695. Plates, stones, or analog, digital, or electronic images for counterfeiting obligations or securities (a) Offense Whoever— (1) having control, custody, or possession of any plate, stone, or other thing, or any part thereof, from which has been printed, or which may be prepared by direction of the Secretary of the Treasury for the purpose of printing, any obligation or other security of the United States, uses such plate, stone, or other thing, or any part thereof, or knowingly suffers the same to be used for the purpose of printing any such or similar obligation or other security, or any part thereof, except as may be printed for the use of the United States by order of the proper officer thereof; (2) makes or executes any plate, stone, or other thing in the likeness of any plate designated for the printing of such obligation or other security; (3) with intent to defraud, makes, executes, acquires, scans, captures, records, receives, transmits, reproduces, sells, or has in such person’s control, custody, or possession, an analog, digital, or electronic image of any obligation or other security of the United States; (4) sells any such plate, stone, or other thing, or brings into the United States any such plate, stone, or other thing, except under the direction of the Secretary of the Treasury or other proper officer, or with any other intent, in either case, than that such plate, stone, or other thing be used for the printing of the obligations or other securities of the United States; (5) has in his control, custody, or possession any plate, stone, or other thing in any manner made after or in the similitude of any plate, stone, or other thing, from which any such obligation or other security has been printed, with intent to use such plate, stone, or other thing, or to suffer the same to be used in forging or counterfeiting any such obligation or other security, or any part thereof; (6) has in his possession or custody, except under authority from the Secretary of the Treasury or other proper officer, any obligation or other security made or executed, in whole or in part, after the similitude of any obligation or other security issued under the authority of the United States, with intent to sell or otherwise use the same; or (7) prints, photographs, or in any other manner makes or executes any engraving, photograph, print, or impression in the likeness of any such obligation or other security, or any part thereof, or sells any such engraving, photograph, print, or impression, except to the United States, or brings into the United States, any such engraving, photograph, print, or impression, except by direction of some proper officer of the United States; shall be imprisoned not more than 25 years. (b) Definition For purposes of this section, the term analog, digital, or electronic image includes any analog, digital, or electronic method used for the making, execution, acquisition, scanning, capturing, recording, retrieval, transmission, or reproduction of any obligation or security, unless such use is authorized by the Secretary of the Treasury. The Secretary shall establish a system (pursuant to section 713) to ensure that the legitimate use of such electronic methods and retention of such reproductions by businesses, hobbyists, press and others shall not be unduly restricted. 696. Deterrents to counterfeiting of obligations and securities (a) Offense Whoever— (1) has in his control or possession, after a distinctive paper has been adopted by the Secretary of the Treasury for the obligations and other securities of the United States, any similar paper adapted to the making of any such obligation or other security, except under the authority of the Secretary of the Treasury; or (2) has in his control or possession, after a distinctive counterfeit deterrent has been adopted by the Secretary of the Treasury for the obligations and other securities of the United States by publication in the Federal Register, any essentially identical feature or device adapted to the making of any such obligation or security, except under the authority of the Secretary of the Treasury; shall be imprisoned for not more than 25 years. (b) Definitions As used in this section— (1) the term distinctive paper includes any distinctive medium of which currency is made, whether of wood pulp, rag, plastic substrate, or other natural or artificial fibers or materials; and (2) the term distinctive counterfeit deterrent includes any ink, watermark, seal, security thread, optically variable device, or other feature or device; (A) in which the United States has an exclusive property interest; or (B) which is not otherwise in commercial use or in the public domain and which the Secretary designates as being necessary in preventing the counterfeiting of obligations or other securities of the United States. 697. Taking impressions of tools used for obligations or securities Whoever, without authority from the United States, takes, procures, or makes an impression, stamp, analog, digital, or electronic image, or imprint of, from or by the use of any tool, implement, instrument, or thing used or fitted or intended to be used in printing, stamping, or impressing, or in making other tools, implements, instruments, or things to be used or fitted or intended to be used in printing, stamping, or impressing any obligation or other security of the United States, shall be imprisoned not more than 25 years. 698. Possessing or selling impressions of tools used for obligations or securities Whoever— (1) with intent to defraud, possesses, keeps, safeguards, or controls, without authority from the United States, any imprint, stamp, analog, digital, or electronic image, or impression, taken or made upon any substance or material whatsoever, of any tool, implement, instrument or thing, used, fitted or intended to be used, for any of the purposes mentioned in section 697; or (2) with intent to defraud, sells, gives, or delivers any such imprint, stamp, analog, digital, or electronic image, or impression to any other person; shall be imprisoned not more than 25 years. 699. Foreign obligations or securities Whoever, within the United States, with intent to defraud, falsely makes, alters, forges, or counterfeits any bond, certificate, obligation, or other security of any foreign government, purporting to be or in imitation of any such security issued under the authority of such foreign government, or any treasury note, bill, or promise to pay, lawfully issued by such foreign government and intended to circulate as money, shall be imprisoned not more than 20 years. 700. Uttering counterfeit foreign obligations or securities Whoever, within the United States, knowingly and with intent to defraud, utters, passes, or puts off, in payment or negotiation, any false, forged, or counterfeited bond, certificate, obligation, security, treasury note, bill, or promise to pay, mentioned in section 699, whether or not the same was made, altered, forged, or counterfeited within the United States, shall be imprisoned not more than 20 years. 701. Possessing counterfeit foreign obligations or securities Whoever, within the United States, knowingly and with intent to defraud, possesses or delivers any false, forged, or counterfeit bond, certificate, obligation, security, treasury note, bill, promise to pay, bank note, or bill issued by a bank or corporation of any foreign country, shall be imprisoned not more than 20 years. 702. Plates, stones, or analog, digital, or electronic images for counterfeiting foreign obligations or securities Whoever— (1) within the United States except by lawful authority, controls, holds, or possesses any plate, stone, or other thing, or any part thereof, from which has been printed or may be printed any counterfeit note, bond, obligation, or other security, in whole or in part, of any foreign government, bank, or corporation, or uses such plate, stone, or other thing, or knowingly permits or suffers the same to be used in counterfeiting such foreign obligations, or any part thereof; (2) except by lawful authority, makes or engraves any plate, stone, or other thing in the likeness or similitude of any plate, stone, or other thing designated for the printing of the genuine issues of the obligations of any foreign government, bank, or corporation; (3) with intent to defraud, makes, executes, acquires, scans, captures, records, receives, transmits, reproduces, sells, or has in such person’s control, custody, or possession, an analog, digital, or electronic image of any bond, certificate, obligation, or other security of any foreign government, or of any treasury note, bill, or promise to pay, lawfully issued by such foreign government and intended to circulate as money; (4) except by lawful authority, prints, photographs, or makes, executes, or sells any engraving, photograph, print, or impression in the likeness of any genuine note, bond, obligation, or other security, or any part thereof, of any foreign government, bank, or corporation; or (5) brings into the United States any counterfeit plate, stone, or other thing, engraving, photograph, print, or other impressions of the notes, bonds, obligations, or other securities of any foreign government, bank, or corporation; shall be imprisoned not more than 25 years. 703. Uttering counterfeit foreign bank notes Whoever, within the United States, utters, passes, puts off, or tenders in payment, with intent to defraud, any such false, forged, altered, or counterfeited bank note or bill issued by a bank or corporation of any foreign country, and intended by the law or usage of such foreign country to circulate as money, knowing the same to be so false, forged, altered, and counterfeited, whether or not the same was made, forged, altered, or counterfeited within the United States, shall be imprisoned not more than 20 years. 704. Connecting parts of different notes Whoever so places or connects together different parts of two or more notes, bills, or other genuine instruments issued under the authority of the United States, or by any foreign government, or corporation, as to produce one instrument, with intent to defraud, shall be guilty of forgery in the same manner as if the parts so put together were falsely made or forged, and shall be imprisoned not more than 10 years. 705. Tokens or paper used as money Whoever— (1) being 18 years of age or over, not lawfully authorized, makes, issues, or passes any coin, card, token, or device in metal, or its compounds, intended to be used as money, or whoever, being 18 years of age or over, with intent to defraud, makes, utters, inserts, or uses any card, token, slug, disk, device, paper, or other thing similar in size and shape to any of the lawful coins or other currency of the United States or any coin or other currency not legal tender in the United States, to procure anything of value, or the use or enjoyment of any property or service from any automatic merchandise vending machine, postage-stamp machine, turnstile, fare box, coinbox telephone, parking meter or other lawful receptacle, depository, or contrivance designed to receive or to be operated by lawful coins or other currency of the United States; or (2) manufactures, sells, offers, or advertises for sale, or exposes or keeps with intent to furnish or sell any token, slug, disk, device, paper, or other thing similar in size and shape to any of the lawful coins or other currency of the United States, or any token, disk, paper, or other device issued or authorized in connection with rationing or food and fiber distribution by any agency of the United States, with knowledge or reason to believe that such tokens, slugs, disks, devices, papers, or other things are intended to be used unlawfully or fraudulently to procure anything of value, or the use or enjoyment of any property or service from any automatic merchandise vending machine, postage-stamp machine, turnstile, fare box, coinbox telephone, parking meter, or other lawful receptacle, depository, or contrivance designed to receive or to be operated by lawful coins or other currency of the United States; shall be imprisoned not more than one year. 706. Forfeiture of counterfeit paraphernalia (a) Forfeiture All counterfeits of any coins or obligations or other securities of the United States or of any foreign government, or any articles, devices, and other things made, possessed, or used in violation of this subchapter or section 851 or 852, or any material or apparatus used or fitted or intended to be used, in the making of such counterfeits, articles, devices or things, found in the possession of any person without authority from the Secretary of the Treasury or other proper officer, shall be forfeited to the United States. (b) Offense Whoever, having the custody or control of any such counterfeits, material, apparatus, articles, devices, or other things, fails or refuses to surrender possession thereof upon request by any authorized agent of the Treasury Department, or other proper officer, shall be imprisoned not more than one year. (c) Petition to Secretary of the Treasury Whenever, except as hereinafter in this section provided, any person interested in any article, device, or other thing, or material or apparatus seized under this section files with the Secretary of the Treasury, before the disposition thereof, a petition for the remission or mitigation of such forfeiture, the Secretary of the Treasury, if he finds that such forfeiture was incurred without willful negligence or without any intention on the part of the petitioner to violate the law, or finds the existence of such mitigating circumstances as to justify the remission or the mitigation of such forfeiture, may remit or mitigate the same upon such terms and conditions as he deems reasonable and just. (d) Petition to Attorney General If the seizure involves offenses other than offenses against the coinage, currency, obligations or securities of the United States or any foreign government, the petition for the remission or mitigation of forfeiture shall be referred to the Attorney General, who may remit or mitigate the forfeiture upon such terms as he deems reasonable and just. 707. Bonds and obligations of certain lending agencies Whoever— (1) falsely makes, forges, counterfeits or alters any note, bond, debenture, coupon, obligation, instrument, or writing in imitation or purporting to be in imitation of, a note, bond, debenture, coupon, obligation, instrument or writing, issued by the Reconstruction Finance Corporation, Federal Deposit Insurance Corporation, National Credit Union Administration, Home Owners’ Loan Corporation, Farm Credit Administration, Department of Housing and Urban Development, or any land bank, intermediate credit bank, insured credit union, bank for cooperatives or any lending, mortgage, insurance, credit or savings and loan corporation or association authorized or acting under the laws of the United States; or (2) passes, utters, or publishes, or attempts to pass, utter or publish any note, bond, debenture, coupon, obligation, instrument or document knowing the same to have been falsely made, forged, counterfeited or altered, contrary to this section; shall be imprisoned not more than 10 years. 708. Contracts, deeds, and powers of attorney Whoever— (1) falsely makes, alters, forges, or counterfeits any deed, power of attorney, order, certificate, receipt, contract, or other writing, for the purpose of obtaining or receiving, or of enabling any other person, either directly or indirectly, to obtain or receive from the United States or any officers or agents thereof, any sum of money; (2) utters or publishes as true any such false, forged, altered, or counterfeited writing, with intent to defraud the United States, knowing the same to be false, altered, forged, or counterfeited; or (3) transmits to, or presents at any office or officer of the United States, any such writing in support of, or in relation to, any account or claim, with intent to defraud the United States, knowing the same to be false, altered, forged, or counterfeited; shall be imprisoned not more than ten years. 709. Military or naval discharge certificates Whoever forges, counterfeits, or falsely alters any certificate of discharge from the military or naval service of the United States, or uses, unlawfully possesses or exhibits any such certificate, knowing the same to be forged, counterfeited, or falsely altered, shall be imprisoned not more than one year. 710. Military, naval, or official passes Whoever falsely makes, forges, counterfeits, alters, or tampers with any naval, military, or official pass or permit, issued by or under the authority of the United States, or with intent to defraud uses or possesses any such pass or permit, or personates or falsely represents himself to be or not to be a person to whom such pass or permit has been duly issued, or knowingly allows any other person to have or use any such pass or permit, issued for his use alone, shall be imprisoned not more than five years. 711. Money orders Whoever— (1) with intent to defraud, falsely makes, forges, counterfeits, engraves, or prints any order in imitation of or purporting to be a blank money order or a money order issued by or under the direction of the Post Office Department or Postal Service; (2) forges or counterfeits the signature or initials of any person authorized to issue money orders upon or to any money order, postal note, or blank therefor provided or issued by or under the direction of the Post Office Department or Postal Service, or post office department or corporation of any foreign country, and payable in the United States, or any material signature or indorsement thereon, or any material signature to any receipt or certificate of identification thereof; (3) falsely alters, in any material respect, any such money order or postal note; (4) with intent to defraud, passes, utters or publishes or attempts to pass, utter or publish any such forged or altered money order or postal note, knowing any material initials, signature, stamp impression or indorsement thereon to be false, forged, or counterfeited, or any material alteration therein to have been falsely made; (5) issues any money order or postal note without having previously received or paid the full amount of money payable therefor, with the purpose of fraudulently obtaining or receiving, or fraudulently enabling any other person, either directly or indirectly, to obtain or receive from the United States or Postal Service, or any officer, employee, or agent thereof, any sum of money whatever; (6) embezzles, steals, or knowingly converts to his own use or to the use of another, or without authority converts or disposes of any blank money order form provided by or under the authority of the Post Office Department or Postal Service; (7) receives or possesses any such money order form with the intent to convert it to his own use or gain or use or gain of another knowing it to have been embezzled, stolen or converted; (8) with intent to defraud the United States, the Postal Service, or any person, transmits, presents, or causes to be transmitted or presented, any money order or postal note knowing the same— (A) to contain any forged or counterfeited signature, initials, or any stamped impression, (B) to contain any material alteration therein unlawfully made, (C) to have been unlawfully issued without previous payment of the amount required to be paid upon such issue, or (D) to have been stamped without lawful authority; or (9) steals, or with intent to defraud or without being lawfully authorized by the Post Office Department or Postal Service, receives, possesses, disposes of or attempts to dispose of any postal money order machine or any stamp, tool, or instrument specifically designed to be used in preparing or filling out the blanks on postal money order forms; shall be imprisoned not more than five years. 712. Postage stamps, postage meter stamps, and postal cards Whoever— (1) forges or counterfeits any postage stamp, postage meter stamp, or any stamp printed upon any stamped envelope, or postal card, or any die, plate, or engraving thereof; (2) makes or prints, or knowingly uses or sells, or possesses with intent to use or sell, any such forged or counterfeited postage stamp, postage meter stamp, stamped envelope, postal card, die, plate, or engraving; (3) makes, or knowingly uses or sells, or possesses with intent to use or sell, any paper bearing the watermark of any stamped envelope, or postal card, or any fraudulent imitation thereof; (4) makes or prints, or authorizes to be made or printed, any postage stamp, postage meter stamp, stamped envelope, or postal card, of the kind authorized and provided by the Post Office Department or by the Postal Service, without the special authority and direction of the Department or Postal Service; or (5) after such postage stamp, postage meter stamp, stamped envelope, or postal card has been printed, with intent to defraud, delivers the same to any person not authorized by an instrument in writing, duly executed under the hand of the Postmaster General and the seal of the Post Office Department or the Postal Service, to receive it; shall be imprisoned not more than five years. 713. Printing and filming of United States and foreign obligations and securities Notwithstanding any other provision of this subchapter, the following are permitted: (1) The printing, publishing, or importation, or the making or importation of the necessary plates for such printing or publishing, of illustrations of— (A) postage stamps of the United States, (B) revenue stamps of the United States, (C) any other obligation or other security of the United States, and (D) postage stamps, revenue stamps, notes, bonds, and any other obligation or other security of any foreign government, bank, or corporation. (2) Illustrations permitted by the foregoing provisions of this section shall be made in accordance with the following conditions— (A) all illustrations shall be in black and white, except that illustrations of postage stamps issued by the United States or by any foreign government and stamps issued under the Migratory Bird Hunting Stamp Act of 1934 may be in color; (B) all illustrations (including illustrations of uncanceled postage stamps in color and illustrations of stamps issued under the Migratory Bird Hunting Stamp Act of 1934 in color) shall be of a size less than three-fourths or more than one and one-half, in linear dimension, of each part of any matter so illustrated which is covered by subparagraph (A), (B), (C), or (D) of this paragraph, except that black and white illustrations of postage and revenue stamps issued by the United States or by any foreign government and colored illustrations of canceled postage stamps issued by the United States may be in the exact linear dimension in which the stamps were issued; and (C) the negatives and plates used in making the illustrations shall be destroyed after their final use in accordance with this section. The Secretary of the Treasury shall prescribe regulations to permit color illustrations of such currency of the United States as the Secretary determines may be appropriate for such purposes. (3) This section does not permit the reproduction of illustrations of obligations or other securities, by or through electronic methods used for the acquisition, recording, retrieval, transmission, or reproduction of any obligation or other security, unless such use is authorized by the Secretary of the Treasury. The Secretary shall establish a system to ensure that the legitimate use of such electronic methods and retention of such reproductions by businesses, hobbyists, press or others shall not be unduly restricted. (4) The making or importation of motion-picture films, microfilms, or slides, for projection upon a screen or for use in telecasting, of postage and revenue stamps and other obligations and securities of the United States, and postage and revenue stamps, notes, bonds, and other obligations or securities of any foreign government, bank, or corporation. No prints or other reproductions shall be made from such films or slides, except for the purposes of paragraph (1), without the permission of the Secretary of the Treasury. For the purposes of this section the term postage stamp includes postage meter stamps. 714. Seals of courts; signatures of judges or Court officers Whoever forges the signature of any judge, register, or other officer of any court of the United States, or of any Territory thereof, or forges or counterfeits the seal of any such court, or knowingly concurs in using any such forged or counterfeit signature or seal, for the purpose of authenticating any proceeding or document, or tenders in evidence any such proceeding or document with a false or counterfeit signature of any such judge, register, or other officer, or a false or counterfeit seal of the court, subscribed or attached thereto, knowing such signature or seal to be false or counterfeit, shall be imprisoned not more than five years. 715. Seals of departments or agencies (a) Offense Whoever— (1) falsely makes, forges, counterfeits, mutilates, or alters the seal of any department or agency of the United States, or any facsimile thereof; (2) knowingly uses, affixes, or impresses any such fraudulently made, forged, counterfeited, mutilated, or altered seal or facsimile thereof to or upon any certificate, instrument, commission, document, or paper of any description; or (3) with fraudulent intent, possesses, sells, offers for sale, furnishes, offers to furnish, gives away, offers to give away, transports, offers to transport, imports, or offers to import any such seal or facsimile thereof, knowing the same to have been so falsely made, forged, counterfeited, mutilated, or altered, shall be imprisoned not more than 5 years. (b) Increased penalty Notwithstanding subsection (a) or any other provision of law, if a forged, counterfeited, mutilated, or altered seal of a department or agency of the United States, or any facsimile thereof, is— (1) so forged, counterfeited, mutilated, or altered; (2) used, affixed, or impressed to or upon any certificate, instrument, commission, document, or paper of any description; or (3) with fraudulent intent, possessed, sold, offered for sale, furnished, offered to furnish, given away, offered to give away, transported, offered to transport, imported, or offered to import, with the intent or effect of facilitating an alien’s application for, or receipt of, a Federal benefit to which the alien is not entitled, the penalties which may be imposed for each offense under subsection (a) shall be two times the maximum fine, and 3 times the maximum term of imprisonment, or both, that would otherwise be imposed for an offense under subsection (a). (c) Definitions For purposes of this section— (1) the term Federal benefit means— (A) the issuance of any grant, contract, loan, professional license, or commercial license provided by any agency of the United States or by appropriated funds of the United States; and (B) any retirement, welfare, Social Security, health (including treatment of an emergency medical condition in accordance with section 1903(v) of the Social Security Act ), disability, veterans, public housing, education, supplemental nutrition assistance program, or unemployment benefit, or any similar benefit for which payments or assistance are provided by an agency of the United States or by appropriated funds of the United States; and (2) each instance of forgery, counterfeiting, mutilation, or alteration shall constitute a separate offense under this section. 716. Forging endorsements on Treasury checks or bonds or securities of the United States (a) In general Whoever, with intent to defraud— (1) falsely makes or forges any endorsement or signature on a Treasury check or bond or security of the United States; or (2) passes, utters, or publishes, or attempts to pass, utter, or publish, any Treasury check or bond or security of the United States bearing a falsely made or forged endorsement or signature; shall be imprisoned not more than ten years. (b) Sale exchange and similar conduct Whoever, with knowledge that such Treasury check or bond or security of the United States is stolen or bears a falsely made or forged endorsement or signature buys, sells, exchanges, receives, delivers, retains, or conceals any such Treasury check or bond or security of the United States shall be imprisoned not more than ten years. (c) Reduced penalty If the face value of the Treasury check or bond or security of the United States or the aggregate face value, if more than one Treasury check or bond or security of the United States, does not exceed $1,000, in any of the above-mentioned offenses, the penalty shall be imprisonment for not more than one year. 717. Altering or removing motor vehicle identification numbers (a) Offense Whoever— (1) knowingly removes, obliterates, tampers with, or alters an identification number for a motor vehicle or motor vehicle part; or (2) with intent to further the theft of a motor vehicle, knowingly removes, obliterates, tampers with, or alters a decal or device affixed to a motor vehicle pursuant to the Motor Vehicle Theft Prevention Act, shall be imprisoned not more than 5 years. (b) Exclusion (1) Generally Subsection (a) does not apply to a removal, obliteration, tampering, or alteration by a person specified in paragraph (2) (unless such person knows that the vehicle or part involved is stolen). (2) Persons referred to in paragraph (1) The persons referred to in paragraph (1) of this subsection are— (A) a motor vehicle scrap processor or a motor vehicle demolisher who complies with applicable State law with respect to such vehicle or part; (B) a person who repairs such vehicle or part, if the removal, obliteration, tampering, or alteration is reasonably necessary for the repair; (C) a person who restores or replaces an identification number for such vehicle or part in accordance with applicable State law; and (D) a person who removes, obliterates, tampers with, or alters a decal or device affixed to a motor vehicle pursuant to the Motor Vehicle Theft Prevention Act, if that person is the owner of the motor vehicle, or is authorized to remove, obliterate, tamper with or alter the decal or device by— (i) the owner or his authorized agent; (ii) applicable State or local law; or (iii) regulations promulgated by the Attorney General to implement the Motor Vehicle Theft Prevention Act. (c) Definitions for section As used in this section— (1) the term identification number means a number or symbol that is inscribed or affixed for purposes of identification under chapter 301 and part C of subtitle VI of title 49; (2) the term motor vehicle has the meaning given that term in section 32101 of title 49; (3) the term motor vehicle demolisher means a person, including any motor vehicle dismantler or motor vehicle recycler, who is engaged in the business of reducing motor vehicles or motor vehicle parts to metallic scrap that is unsuitable for use as either a motor vehicle or a motor vehicle part; (4) the term motor vehicle scrap processor means a person— (A) who is engaged in the business of purchasing motor vehicles or motor vehicle parts for reduction to metallic scrap for recycling; (B) who, from a fixed location, uses machinery to process metallic scrap into prepared grades; and (C) whose principal product is metallic scrap for recycling; but such term does not include any activity of any such person relating to the recycling of a motor vehicle or a motor vehicle part as a used motor vehicle or a used motor vehicle part; and (5) the term tampers with includes covering a program decal or device affixed to a motor vehicle pursuant to the Motor Vehicle Theft Prevention Act for the purpose of obstructing its visibility. 718. Securities of the States and private entities (a) Counterfeit securities Whoever makes, utters or possesses a counterfeited security of a State or a political subdivision thereof or of an organization, or whoever makes, utters or possesses a forged security of a State or political subdivision thereof or of an organization that operates in or affecting commerce, with intent to deceive another person shall be imprisoned for not more than ten years. (b) Implements Whoever makes, receives, possesses, sells or otherwise transfers an implement designed for or particularly suited for making a counterfeit or forged security with the intent that it be so used shall be punished by imprisonment for not more than ten years. (c) Definitions As used in this section— (1) the term counterfeited means a document that purports to be genuine but is not, because it has been falsely made or manufactured in its entirety; (2) the term forged means a document that purports to be genuine but is not because it has been falsely altered, completed, signed, or endorsed, or contains a false addition thereto or insertion therein, or is a combination of parts of two or more genuine documents; and (3) the term security means— (A) a note, stock certificate, treasury stock certificate, bond, treasury bond, debenture, certificate of deposit, interest coupon, bill, check, draft, warrant, debit instrument as defined in section 916(c) of the Electronic Fund Transfer Act , money order, traveler’s check, letter of credit, warehouse receipt, negotiable bill of lading, evidence of indebtedness, certificate of interest in or participation in any profit-sharing agreement, collateral-trust certificate, pre-reorganization certificate of subscription, transferable share, investment contract, voting trust certificate, or certificate of interest in tangible or intangible property; (B) an instrument evidencing ownership of goods, wares, or merchandise; (C) any other written instrument commonly known as a security; (D) a certificate of interest in, certificate of participation in, certificate for, receipt for, or warrant or option or other right to subscribe to or purchase, any of the foregoing; or (E) a blank form of any of the foregoing. 719. Fictitious obligations (a) Offense Whoever, with the intent to defraud— (1) draws, prints, processes, produces, publishes, or otherwise makes, or attempts or causes the same, within the United States; (2) passes, utters, presents, offers, brokers, issues, sells, or attempts or causes the same, or with like intent possesses, within the United States; or (3) utilizes interstate or foreign commerce, including the use of the mails or wire, radio, or other electronic communication, to transmit, transport, ship, move, transfer, or attempts or causes the same, to, from, or through the United States, any false or fictitious instrument, document, or other item appearing, representing, purporting, or contriving through scheme or artifice, to be an actual security or other financial instrument issued under the authority of the United States, a foreign government, a State or other political subdivision of the United States, or an organization, shall be imprisoned for not more than 25 years. (b) Definitions For purposes of this section, any term used in this section that is defined in section 717(c) has the same meaning given such term in section 717(c). (c) Authority of the United States Secret Service The United States Secret Service, in addition to any other agency having such authority, shall have authority to investigate offenses under this section. 25 FRAUD AND FALSE STATEMENT CRIMES Subchapter A. Fraud and false statements B. Mail fraud A FRAUD AND FALSE STATEMENTS 771. Definitions. 772. Statements or entries generally. 773. Bank entries, reports and transactions. 774. Federal credit institution entries, reports, and transactions. 775. Federal Deposit Insurance Corporation transactions. 776. Department of Housing and Urban Development and Federal Housing Administration transactions. 777. Department of Housing and Urban Development transactions. 778. Farm loan bonds and credit bank debentures. 779. Loan and credit applications generally; renewals and discounts; crop insurance. 780. Naturalization, citizenship, or alien registry. 781. Highway projects. 782. False statements and concealment of facts in relation to documents required by the Employee Retirement Income Security Act of 1974 . 783. Fraud and related activity in connection with identification documents, authentication features, and information. 784. Aggravated identity theft. 785. Fraudulent use of credit card. 786. Fraud and related activity in connection with access devices. 787. Fraud and related activity in connection with computers. 788. Major fraud against the United States. 789. Concealment of assets from conservator, receiver, or liquidating agent. 790. Crimes by or affecting persons engaged in the business of insurance whose activities affect interstate commerce. 791. Civil penalties and injunctions for violations of Section 790 . 792. False statements relating to health care matters. 793. Entry by false pretenses to any real property, vessel, or aircraft of the United States or secure area of any airport or seaport. 794. Fraud and related activity in connection with electronic mail. 795. False information and hoaxes. 796. Fraud and related activity in connection with obtaining confidential phone records information of a covered entity. 771. Definitions As used in this subchapter— (1) the term member bank means any national bank, state bank, or bank or trust company, which has become a member of one of the Federal Reserve banks; (2) the term insured bank includes any state bank, banking association, trust company, savings bank, or other banking institution, the deposits of which are insured by the Federal Deposit Insurance Corporation; (3) the term branch or agency of a foreign bank means a branch or agency described in paragraph (E) of the definition of financial institution in section 1; and (4) the term depository institution holding company has the meaning given such term in section 3(w)(1) of the Federal Deposit Insurance Act . 772. Statements or entries generally (a) Offense Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly— (1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact; (2) makes any materially false, fictitious, or fraudulent statement or representation; or (3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; shall be imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 283), imprisoned not more than 8 years. If the matter relates to an offense under chapter 13 or section 1265, then the term of imprisonment imposed under this section shall be not more than 8 years. (b) Exclusion Subsection (a) does not apply to a party to a judicial proceeding, or that party’s counsel, for statements, representations, writings or documents submitted by such party or counsel to a judge or magistrate in that proceeding. (c) Application to matters within the jurisdiction of the legislative branch With respect to any matter within the jurisdiction of the legislative branch, subsection (a) applies only to— (1) administrative matters, including a claim for payment, a matter related to the procurement of property or services, personnel or employment practices, or support services, or a document required by law, rule, or regulation to be submitted to the Congress or any office or officer within the legislative branch; or (2) any investigation or review, conducted pursuant to the authority of any committee, subcommittee, commission or office of the Congress, consistent with applicable rules of the House or Senate. 773. Bank entries, reports and transactions Whoever— (1) being an officer, director, agent or employee of any Federal Reserve bank, member bank, depository institution holding company, national bank, insured bank, branch or agency of a foreign bank, or organization operating under section 25 or section 25A of the Federal Reserve Act , without authority from the directors of such bank, branch, agency, or organization or company, issues or puts in circulation any notes of such bank, branch, agency, or organization or company; (2) without such authority, makes, draws, issues, puts forth, or assigns any certificate of deposit, draft, order, bill of exchange, acceptance, note, debenture, bond, or other obligation, or mortgage, judgment or decree; (3) makes any false entry in any book, report, or statement of such bank, company, branch, agency, or organization with intent to injure or defraud such bank, company, branch, agency, or organization, or any other company, body politic or corporate, or any individual person, or to deceive any officer of such bank, company, branch, agency, or organization, or the Comptroller of the Currency, or the Federal Deposit Insurance Corporation, or any agent or examiner appointed to examine the affairs of such bank, company, branch, agency, or organization, or the Board of Governors of the Federal Reserve System; or (4) with intent to defraud the United States or any agency thereof, or any financial institution referred to in this section, participates or shares in or receives (directly or indirectly) any money, profit, property, or benefits through any transaction, loan, commission, contract, or any other act of any such financial institution; shall be imprisoned not more than 30 years. 774. Federal credit institution entries, reports, and transactions Whoever, being an officer, agent or employee of or connected in any capacity with the Federal Deposit Insurance Corporation, National Credit Union Administration, any Federal home loan bank, the Federal Housing Finance Agency, Farm Credit Administration, Department of Housing and Urban Development, Federal Crop Insurance Corporation, the Secretary of Agriculture acting through the Farmers Home Administration or successor agency, the Rural Development Administration or successor agency, or the Farm Credit System Insurance Corporation, a Farm Credit Bank, a bank for cooperatives or any lending, mortgage, insurance, credit or savings and loan corporation or association authorized or acting under the laws of the United States or any institution, other than an insured bank, the accounts of which are insured by the Federal Deposit Insurance Corporation, or by the National Credit Union Administration Board or any small business investment company, with intent to defraud any such institution or any other company, body politic or corporate, or any individual, or to deceive any officer, auditor, examiner or agent of any such institution or of department or agency of the United States, makes any false entry in any book, report or statement of or to any such institution, or without being duly authorized, draws any order or bill of exchange, makes any acceptance, or issues, puts forth or assigns any note, debenture, bond or other obligation, or draft, bill of exchange, mortgage, judgment, or decree, or, with intent to defraud the United States or any agency thereof, or any corporation, institution, or association referred to in this section, participates or shares in or receives directly or indirectly any money, profit, property, or benefits through any transaction, loan, commission, contract, or any other act of any such corporation, institution, or association, shall be imprisoned not more than 30 years. 775. Federal Deposit Insurance Corporation transactions Whoever, for the purpose of influencing in any way the action of the Federal Deposit Insurance Corporation, knowingly makes or invites reliance on a false, forged, or counterfeit statement, document, or thing shall be imprisoned not more than 30 years. 776. Department of Housing and Urban Development and Federal Housing Administration transactions Whoever, for the purpose of obtaining any loan or advance of credit from any person, partnership, association, or corporation with the intent that such loan or advance of credit shall be offered to or accepted by the Department of Housing and Urban Development for insurance, or for the purpose of obtaining any extension or renewal of any loan, advance of credit, or mortgage insured by such Department, or the acceptance, release, or substitution of any security on such a loan, advance of credit, or for the purpose of influencing in any way the action of such Department, makes, passes, utters, or publishes any statement, knowing the same to be false, or alters, forges, or counterfeits any instrument, paper, or document, or utters, publishes, or passes as true any instrument, paper, or document, knowing it to have been altered, forged, or counterfeited, or knowingly overvalues any security, asset, or income, shall be imprisoned not more than two years. 777. Department of Housing and Urban Development transactions Whoever— (1) with intent to defraud, makes any false entry in any book of the Department of Housing and Urban Development or makes any false report or statement to or for such Department; (2) receives any compensation, rebate, or reward, with intent to defraud such Department or with intent unlawfully to defeat its purposes; or (3) induces or influences such Department to purchase or acquire any property or to enter into any contract and knowingly fails to disclose any interest which that person has in such property or in the property to which such contract relates, or any special benefit which he expects to receive as a result of such contract; shall be imprisoned not more than one year. 778. Farm loan bonds and credit bank debentures Whoever deceives, defrauds, or imposes upon, or attempts to deceive, defraud, or impose upon any person, partnership, corporation, or association by making any false pretense or representation concerning the character, issue, security, contents, conditions, or terms of any farm loan bond, or coupon, issued by any Federal land bank or banks; or of any debenture, coupon, or other obligation, issued by any Federal intermediate credit bank or banks; or by falsely pretending or representing that any farm loan bond, or coupon, is anything other than, or different from, what it purports to be on the face of said bond or coupon, shall be imprisoned not more than one year. 779. Loan and credit applications generally; renewals and discounts; crop insurance Whoever knowingly makes any false statement or report, or knowingly overvalues any land, property or security, for the purpose of influencing in any way the action of the Federal Housing Administration the Farm Credit Administration, Federal Crop Insurance Corporation or a company the Corporation reinsures, the Secretary of Agriculture acting through the Farmers Home Administration or successor agency, the Rural Development Administration or successor agency, any Farm Credit Bank, production credit association, agricultural credit association, bank for cooperatives, or any division, officer, or employee thereof, or of any regional agricultural credit corporation established pursuant to law, or a Federal land bank, a Federal land bank association, a Federal Reserve bank, a small business investment company, as defined in section 103 of the Small Business Investment Act of 1958 , or the Small Business Administration in connection with any provision of that Act, a Federal credit union, an insured State-chartered credit union, any institution the accounts of which are insured by the Federal Deposit Insurance Corporation, any Federal home loan bank, the Federal Housing Finance Agency, the Federal Deposit Insurance Corporation, the Farm Credit System Insurance Corporation, or the National Credit Union Administration Board, a branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978 ), an organization operating under section 25 or section 25A of the Federal Reserve Act , or a mortgage lending business, or any person or entity that makes in whole or in part a federally related mortgage loan as defined in section 3 of the Real Estate Settlement Procedures Act of 1974, upon any application, advance, discount, purchase, purchase agreement, repurchase agreement, commitment, loan, or insurance agreement or application for insurance or a guarantee, or any change or extension of any of the same, by renewal, deferment of action or otherwise, or the acceptance, release, or substitution of security therefor, shall be imprisoned not more than 30 years. 780. Naturalization, citizenship, or alien registry (a) Offense Whoever— (1) knowingly makes any false statement under oath, in any case, proceeding, or matter relating to, or under, or by virtue of any law of the United States relating to naturalization, citizenship, or registry of aliens; (2) knowingly, with intent to avoid any duty or liability imposed or required by law, denies that he has been naturalized or admitted to be a citizen, after having been so naturalized or admitted; (3) uses or attempts to use any certificate of arrival, declaration of intention, certificate of naturalization, certificate of citizenship or other documentary evidence of naturalization or of citizenship, or any duplicate or copy thereof, knowing the same to have been procured by fraud or false evidence or without required appearance or hearing of the applicant in court or otherwise unlawfully obtained; (4) knowingly makes any false certificate, acknowledgment or statement concerning the appearance before him or the taking of an oath or affirmation or the signature, attestation or execution by any person with respect to any application, declaration, petition, affidavit, deposition, certificate of naturalization, certificate of citizenship or other paper or writing required or authorized by the laws relating to immigration, naturalization, citizenship, or registry of aliens; (5) knowingly makes any false statement or claim that he is, or at any time has been, a citizen or national of the United States, with the intent to obtain on behalf of himself, or any other person, any Federal or State benefit or service, or to engage unlawfully in employment in the United States; or (6) knowingly makes any false statement or claim that he is a citizen of the United States in order to register to vote or to vote in any Federal, State, or local election (including an initiative, recall, or referendum); shall be imprisoned not more than five years. (b) Exclusion Subsection (a)(6) does not apply to an alien if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of making the false statement or claim that he or she was a citizen of the United States. 781. Highway projects Whoever— (1) knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the costs thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction of any highway or related project submitted for approval to the Secretary of Transportation; (2) knowingly makes any false statement, false representation, false report, or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or (3) knowingly makes any false statement or false representation as to a material fact in any statement, certificate, or report submitted pursuant to the Federal-Aid Road Act approved July 11, 1916 (39 Stat. 355), as amended and supplemented; shall be imprisoned not more than five years. 782. False statements and concealment of facts in relation to documents required by the Employee Retirement Income Security Act of 1974 Whoever, in any document required by title I of the Employee Retirement Income Security Act of 1974 to be published, or kept as part of the records of any employee welfare benefit plan or employee pension benefit plan, or certified to the administrator of any such plan, makes any false statement or representation of fact, knowing it to be false, or knowingly conceals, covers up, or fails to disclose any fact the disclosure of which is required by such title or is necessary to verify, explain, clarify or check for accuracy and completeness any report required by such title to be published or any information required by such title to be certified, shall be imprisoned not more than five years. 783. Fraud and related activity in connection with identification documents, authentication features, and information (a) Offense Whoever, as made applicable by subsection (c)— (1) knowingly and without lawful authority produces an identification document, authentication feature, or a false identification document; (2) knowingly transfers an identification document, authentication feature, or a false identification document knowing that such document or feature was stolen or produced without lawful authority; (3) knowingly possesses with intent to use unlawfully or transfer unlawfully five or more identification documents (other than those issued lawfully for the use of the possessor), authentication features, or false identification documents; (4) knowingly possesses an identification document (other than one issued lawfully for the use of the possessor), authentication feature, or a false identification document, with the intent such document or feature be used to defraud the United States; (5) knowingly produces, transfers, or possesses a document-making implement or authentication feature with the intent such document-making implement or authentication feature will be used in the production of a false identification document or another document-making implement or authentication feature which will be so used; (6) knowingly possesses an identification document or authentication feature that is or appears to be an identification document or authentication feature of the United States or a sponsoring entity of an event designated as a special event of national significance which is stolen or produced without lawful authority knowing that such document or feature was stolen or produced without such authority; (7) knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, or in connection with, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law; or (8) knowingly traffics in false or actual authentication features for use in false identification documents, document-making implements, or means of identification; shall be punished as provided in subsection (b). (b) Punishment The punishment for an offense under subsection (a) of this section is— (1) except as provided in paragraphs (3) and (4), a fine under this title or imprisonment for not more than 15 years, or both, if the offense is— (A) the production or transfer of an identification document, authentication feature, or false identification document that is or appears to be— (i) an identification document or authentication feature issued by or under the authority of the United States; or (ii) a birth certificate, or a driver’s license or personal identification card; (B) the production or transfer of more than five identification documents, authentication features, or false identification documents; (C) an offense under paragraph (5) of such subsection; or (D) an offense under paragraph (7) of such subsection that involves the transfer, possession, or use of 1 or more means of identification if, as a result of the offense, any individual committing the offense obtains anything of value aggregating $1,000 or more during any 1-year period; (2) except as provided in paragraphs (3) and (4), a fine under this title or imprisonment for not more than 5 years, or both, if the offense is— (A) any other production, transfer, or use of a means of identification, an identification document, authentication feature, or a false identification document; or (B) an offense under paragraph (3) or (7) of such subsection; (3) a fine under this title or imprisonment for not more than 20 years, or both, if the offense is committed— (A) to facilitate a drug trafficking crime (as defined in section 592(a)(2)); (B) in connection with a crime of violence (as defined in section 584(c)(3)); or (C) after a prior conviction under this section becomes final; (4) a fine under this title or imprisonment for not more than 30 years, or both, if the offense is committed to facilitate an act of domestic terrorism (as defined under section 283) or an act of international terrorism (as defined in section 283(1)); and (5) a fine under this title or imprisonment for not more than one year, or both, in any other case. (c) Applicability Subsection (a) applies if— (1) the identification document, authentication feature, or false identification document is or appears to be issued by or under the authority of the United States or a sponsoring entity of an event designated as a special event of national significance or the document-making implement is designed or suited for making such an identification document, authentication feature, or false identification document; (2) the offense is an offense under subsection (a)(4) of this section; or (3) either— (A) the production, transfer, possession, or use prohibited by this section is in or affects interstate or foreign commerce, including the transfer of a document by electronic means; or (B) the means of identification, identification document, false identification document, or document-making implement is transported in the mail in the course of the production, transfer, possession, or use prohibited by this section. (d) Definitions In this section and section 784— (1) the term authentication feature means any hologram, watermark, certification, symbol, code, image, sequence of numbers or letters, or other feature that either individually or in combination with another feature is used by the issuing authority on an identification document, document-making implement, or means of identification to determine if the document is counterfeit, altered, or otherwise falsified; (2) the term document-making implement means any implement, impression, template, computer file, computer disc, electronic device, or computer hardware or software, that is specifically configured or primarily used for making an identification document, a false identification document, or another document-making implement; (3) the term identification document means a document made or issued by or under the authority of the United States Government, a State, political subdivision of a State, or a sponsoring entity of an event designated as a special event of national significance, a foreign government, political subdivision of a foreign government, an international governmental or an international quasi-governmental organization which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals; (4) the term false identification document means a document of a type intended or commonly accepted for the purposes of identification of individuals that— (A) is not issued by or under the authority of a governmental entity or was issued under the authority of a governmental entity but was subsequently altered for purposes of deceit; and (B) appears to be issued by or under the authority of the United States Government, a State, a political subdivision of a State, or a sponsoring entity of an event designated as a special event of national significance, a foreign government, a political subdivision of a foreign government, or an international governmental or quasi-governmental organization; (5) the term false authentication feature means an authentication feature that— (A) is genuine in origin, but, without the authorization of the issuing authority, has been tampered with or altered for purposes of deceit; (B) is genuine, but has been distributed, or is intended for distribution, without the authorization of the issuing authority and not in connection with a lawfully made identification document, document-making implement, or means of identification to which such authentication feature is intended to be affixed or embedded by the respective issuing authority; or (C) appears to be genuine, but is not; (6) the term issuing authority — (A) means any governmental entity or agency that is authorized to issue identification documents, means of identification, or authentication features; and (B) includes the United States Government, a State, a political subdivision of a State, or a sponsoring entity of an event designated as a special event of national significance, a foreign government, a political subdivision of a foreign government, or an international government or quasi-governmental organization; (7) the term means of identification means any name or number that may be used, alone or in conjunction with any other information, to identify a specific individual, including any— (A) name, social security number, date of birth, official State or government issued driver’s license or identification number, alien registration number, government passport number, employer or taxpayer identification number; (B) unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation; (C) unique electronic identification number, address, or routing code; or (D) telecommunication identifying information or access device (as such terms are defined in section 786); (8) the term personal identification card means an identification document issued by a State or local government solely for the purpose of identification; (9) the term produce includes alter, authenticate, or assemble; (10) the term transfer includes selecting an identification document, false identification document, or document-making implement and placing or directing the placement of such identification document, false identification document, or document-making implement on an online location where it is available to others; (11) the term traffic means— (A) to transport, transfer, or otherwise dispose of, to another, as consideration for anything of value; or (B) to make or obtain control of with intent to so transport, transfer, or otherwise dispose of. (e) Exclusion This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States, or any activity authorized under chapter 224. (f) Rule of construction For purpose of subsection (a)(7), a single identification document or false identification document that contains 1 or more means of identification shall be construed to be 1 means of identification. 784. Aggravated identity theft (a) Offenses (1) In general Whoever, during and in relation to any felony violation enumerated in subsection (c), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years. (2) Terrorism offense Whoever, during and in relation to any felony violation enumerated in section 273(g)(3)(B), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person or a false identification document shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 5 years. (b) Consecutive sentence Notwithstanding any other provision of law— (1) a court shall not place on probation any person convicted of a violation of this section; (2) except as provided in paragraph (4), no term of imprisonment imposed on a person under this section shall run concurrently with any other term of imprisonment imposed on the person under any other provision of law, including any term of imprisonment imposed for the felony during which the means of identification was transferred, possessed, or used; (3) in determining any term of imprisonment to be imposed for the felony during which the means of identification was transferred, possessed, or used, a court shall not in any way reduce the term to be imposed for such crime so as to compensate for, or otherwise take into account, any separate term of imprisonment imposed or to be imposed for a violation of this section; and (4) a term of imprisonment imposed on a person for a violation of this section may, in the discretion of the court, run concurrently, in whole or in part, only with another term of imprisonment that is imposed by the court at the same time on that person for an additional violation of this section, provided that such discretion shall be exercised in accordance with any applicable guidelines and policy statements issued by the Sentencing Commission pursuant to section 994 of title 28. (c) Definition For purposes of this section, the term felony violation enumerated in subsection (c) means any offense that is a felony violation of— (1) section 641 (relating to theft of public money, property, or records), section 644 (relating to theft, embezzlement, or misapplication by bank officer or employee), or section 651 (relating to theft from employee benefit plans); (2) section 1091 (relating to false personation of citizenship); (3) section 582(a)(6) (relating to false statements in connection with the acquisition of a firearm); (4) any provision contained in this subchapter (relating to fraud and false statements), other than this section or section 783(a)(7); (5) any provision contained in subchapter B of chapter 25 (relating to mail, bank, and wire fraud); (6) any provision contained in subchapter F of chapter 15 (relating to nationality and citizenship); (7) section 523 of the Gramm-Leach-Bliley Act (relating to obtaining customer information by false pretenses); (8) section 243 or 266 of the Immigration and Nationality Act (relating to knowingly failing to leave the United States after deportation and creating a counterfeit alien registration card); (9) any provision contained in chapter 8 of title II of the Immigration and Nationality Act (relating to various immigration offenses); or (10) section 208, 811, 1107(b), 1128B(a), or 1632 of the Social Security Act (relating to false statements relating to programs under the Act). 785. Fraudulent use of credit card (a) Offense Whoever— (1) knowingly in a transaction affecting interstate or foreign commerce, uses any counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained credit card to obtain money, goods, services, or anything else of value which within any one-year period has a value aggregating $1,000 or more; (2) with unlawful intent, transports in interstate or foreign commerce a counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained credit card knowing the same to be counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained; (3) with unlawful intent, uses any instrumentality of interstate or foreign commerce to sell or transport a counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained credit card knowing the same to be counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained; (4) knowingly receives, conceals, uses, or transports money, goods, services, or anything else of value (except tickets for interstate or foreign transportation) which— (A) within any one-year period has a value aggregating $1,000 or more; (B) has moved in, is part of, or constitutes interstate or foreign commerce; and (C) has been obtained with a counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained credit card; (5) knowingly receives, conceals, uses, sells, or transports in interstate or foreign commerce one or more tickets for interstate or foreign transportation, which— (A) within any one-year period have a value aggregating $500 or more, and (B) have been purchased or obtained with one or more counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained credit cards; or (6) in a transaction affecting interstate or foreign commerce furnishes money, property, services, or anything else of value, which within any one-year period has a value aggregating $1,000 or more, through the use of any counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained credit card knowing the same to be counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained; shall be imprisoned not more than ten years. (b) Definitions A term used in this section that has a definition for the purposes of the Consumer Credit Protection Act has that same definition for the purposes of this section. 786. Fraud and related activity in connection with access devices (a) Offense Whoever— (1) knowingly and with intent to defraud produces, uses, or traffics in one or more counterfeit access devices; (2) knowingly and with intent to defraud traffics in or uses one or more unauthorized access devices during any one-year period, and by such conduct obtains anything of value aggregating $1,000 or more during that period; (3) knowingly and with intent to defraud possesses fifteen or more devices which are counterfeit or unauthorized access devices; (4) knowingly and with intent to defraud produces, traffics in, has control or custody of, or possesses device-making equipment; (5) knowingly and with intent to defraud effects transactions, with 1 or more access devices issued to another person or persons, to receive payment or any other thing of value during any 1-year period the aggregate value of which is equal to or greater than $1,000; (6) without the authorization of the issuer of the access device, knowingly and with intent to defraud solicits a person for the purpose of— (A) offering an access device; or (B) selling information regarding or an application to obtain an access device; (7) knowingly and with intent to defraud uses, produces, traffics in, has control or custody of, or possesses a telecommunications instrument that has been modified or altered to obtain unauthorized use of telecommunications services; (8) knowingly and with intent to defraud uses, produces, traffics in, has control or custody of, or possesses a scanning receiver; (9) knowingly uses, produces, traffics in, has control or custody of, or possesses hardware or software, knowing it has been configured to insert or modify telecommunication identifying information associated with or contained in a telecommunications instrument so that such instrument may be used to obtain telecommunications service without authorization; or (10) without the authorization of the credit card system member or its agent, knowingly and with intent to defraud causes or arranges for another person to present to the member or its agent, for payment, 1 or more evidences or records of transactions made by an access device; shall, if the offense affects interstate or foreign commerce, be punished as provided in subsection (b) of this section. (b) Penalties The punishment for an offense under subsection (a) is— (1) in the case of an offense that does not occur after a conviction for another offense under this section— (A) if the offense is under paragraph (1), (2), (3), (6), (7), or (10) of subsection (a), a fine under this title or imprisonment for not more than 10 years, or both; and (B) if the offense is under paragraph (4), (5), (8), or (9) of subsection (a), a fine under this title or imprisonment for not more than 15 years, or both; and (2) in the case of an offense that occurs after a conviction for another offense under this section, a fine under this title or imprisonment for not more than 20 years, or both. (c) Extraterritorial jurisdiction There is extraterritorial jurisdiction over an offense under this section if— (1) the offense involves an access device issued, owned, managed, or controlled by a financial institution, account issuer, credit card system member, or other entity within the jurisdiction of the United States; and (2) the person transports, delivers, conveys, transfers to or through, or otherwise stores, secrets, or holds within the jurisdiction of the United States, any article used to assist in the commission of the offense or the proceeds of such offense or property derived therefrom. (d) Authority of United States Secret Service The United States Secret Service shall, in addition to any other agency having such authority, have the authority to investigate offenses under this section. Such authority of the United States Secret Service shall be exercised in accordance with an agreement which shall be entered into by the Secretary of the Treasury and the Attorney General. (e) Official duty exclusion This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States, or any activity authorized under chapter 224. (f) Business exclusion It is not a violation of subsection (a)(9) for an officer, employee, or agent of, or a person engaged in business with, a facilities-based carrier, to engage in conduct (other than trafficking) otherwise prohibited by that subsection for the purpose of protecting the property or legal rights of that carrier, unless such conduct is for the purpose of obtaining telecommunications service provided by another facilities-based carrier without the authorization of such carrier. (g) Affirmative defense In a prosecution for a violation of subsection (a)(9) (other than a violation consisting of producing or trafficking), it is an affirmative defense that the conduct charged was engaged in for research or development in connection with a lawful purpose. (h) Definitions As used in this section— (1) the term access device means any card, plate, code, account number, electronic serial number, mobile identification number, personal identification number, or other telecommunications service, equipment, or instrument identifier, or other means of account access that can be used, alone or in conjunction with another access device, to obtain money, goods, services, or any other thing of value, or that can be used to initiate a transfer of funds (other than a transfer originated solely by paper instrument); (2) the term counterfeit access device means any access device that is counterfeit, fictitious, altered, or forged, or an identifiable component of an access device or a counterfeit access device; (3) the term unauthorized access device means any access device that is lost, stolen, expired, revoked, canceled, or obtained with intent to defraud; (4) the term produce includes design, alter, authenticate, duplicate, or assemble; (5) the term traffic means transfer, or otherwise dispose of, to another, or obtain control of with intent to transfer or dispose of; (6) the term device-making equipment means any equipment, mechanism, or impression designed or primarily used for making an access device or a counterfeit access device; (7) the term credit card system member means a financial institution or other entity that is a member of a credit card system, including an entity, whether affiliated with or identical to the credit card issuer, that is the sole member of a credit card system; (8) the term scanning receiver means a device or apparatus that can be used to intercept a wire or electronic communication in violation of subchapter B of chapter 37 or to intercept an electronic serial number, mobile identification number, or other identifier of any telecommunications service, equipment, or instrument; (9) the term telecommunications service has the meaning given such term in section 3 of title I of the Communications Act of 1934 ; (10) the term facilities-based carrier means an entity that owns communications transmission facilities, is responsible for the operation and maintenance of those facilities, and holds an operating license issued by the Federal Communications Commission under the authority of title III of the Communications Act of 1934 ; and (11) the term telecommunication identifying information means electronic serial number or any other number or signal that identifies a specific telecommunications instrument or account, or a specific communication transmitted from a telecommunications instrument. 787. Fraud and related activity in connection with computers (a) Offense Whoever— (1) having knowingly accessed a computer without authorization or exceeding authorized access, and by means of such conduct having obtained information that has been determined by the United States Government pursuant to an Executive order or statute to require protection against unauthorized disclosure for reasons of national defense or foreign relations, or any restricted data, as defined in paragraph y. of section 11 of the Atomic Energy Act of 1954 , with reason to believe that such information so obtained could be used to the injury of the United States, or to the advantage of any foreign nation knowingly communicates, delivers, transmits, or causes to be communicated, delivered, or transmitted, or attempts to communicate, deliver, transmit or cause to be communicated, delivered, or transmitted the same to any person not entitled to receive it, or knowingly retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it; (2) intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains— (A) information contained in a financial record of a financial institution, or of a card issuer as defined in section 1602(n) of title 15, or contained in a file of a consumer reporting agency on a consumer, as such terms are defined in the Fair Credit Reporting Act ; (B) information from any department or agency of the United States; or (C) information from any protected computer; (3) intentionally, without authorization to access any nonpublic computer of a department or agency of the United States, accesses such a computer of that department or agency that is exclusively for the use of the Government of the United States or, in the case of a computer not exclusively for such use, is used by or for the Government of the United States and such conduct affects that use by or for the Government of the United States; (4) knowingly and with intent to defraud, accesses a protected computer without authorization, or exceeds authorized access, and by means of such conduct furthers the intended fraud and obtains anything of value, unless the object of the fraud and the thing obtained consists only of the use of the computer and the value of such use is not more than $5,000 in any 1-year period; (5) (A) knowingly causes the transmission of a program, information, code, or command, and as a result of such conduct, intentionally causes damage without authorization, to a protected computer; (B) intentionally accesses a protected computer without authorization, and as a result of such conduct, recklessly causes damage; or (C) intentionally accesses a protected computer without authorization, and as a result of such conduct, causes damage and loss; (6) knowingly and with intent to defraud traffics (as defined in section 1029) in any password or similar information through which a computer may be accessed without authorization, if— (A) such trafficking affects interstate or foreign commerce; or (B) such computer is used by or for the Government of the United States; or (7) with intent to extort from any person any money or other thing of value, transmits in interstate or foreign commerce any communication containing any— (A) threat to cause damage to a protected computer; (B) threat to obtain information from a protected computer without authorization or in excess of authorization or to impair the confidentiality of information obtained from a protected computer without authorization or by exceeding authorized access; or (C) demand or request for money or other thing of value in relation to damage to a protected computer, where such damage was caused to facilitate the extortion; shall be punished as provided in subsection (b) of this section. (b) Punishment The punishment for an offense under subsection (a) is— (1) (A) a fine under this title or imprisonment for not more than ten years, or both, in the case of an offense under subsection (a)(1) of this section which does not occur after a conviction for another offense under this section, or an attempt to commit an offense punishable under this subparagraph; and (B) a fine under this title or imprisonment for not more than twenty years, or both, in the case of an offense under subsection (a)(1) of this section which occurs after a conviction for another offense under this section, or an attempt to commit an offense punishable under this subparagraph; (2) (A) except as provided in subparagraph (B), a fine under this title or imprisonment for not more than one year, or both, in the case of an offense under subsection (a)(2), (a)(3), (a)(5)(A)(iii), or (a)(6) of this section which does not occur after a conviction for another offense under this section, or an attempt to commit an offense punishable under this subparagraph; (B) a fine under this title or imprisonment for not more than 5 years, or both, in the case of an offense under subsection (a)(2) or an attempt to commit an offense punishable under this subparagraph, if— (i) the offense was committed for purposes of commercial advantage or private financial gain; (ii) the offense was committed in furtherance of any criminal or tortious act in violation of the Constitution or laws of the United States or of any State; or (iii) the value of the information obtained exceeds $5,000; and (C) a fine under this title or imprisonment for not more than ten years, or both, in the case of an offense under subsection (a)(2), (a)(3) or (a)(6) of this section which occurs after a conviction for another offense under such subsection, or an attempt to commit an offense punishable under this subparagraph; (3) (A) a fine under this title or imprisonment for not more than five years, or both, in the case of an offense under subsection (a)(4) or (a)(7) of this section which does not occur after a conviction for another offense under this section, or an attempt to commit an offense punishable under this subparagraph; and (B) a fine under this title or imprisonment for not more than ten years, or both, in the case of an offense under subsection (a)(4), (a)(5)(A)(iii), or (a)(7) of this section which occurs after a conviction for another offense under this section, or an attempt to commit an offense punishable under this subparagraph; (4) (A) except as provided in subparagraphs (E) and (F), a fine under this title, imprisonment for not more than 5 years, or both, in the case of— (i) an offense under subsection (a)(5)(B), which does not occur after a conviction for another offense under this section, if the offense caused (or, in the case of an attempted offense, would, if completed, have caused)— (I) loss to 1 or more persons during any 1-year period (and, for purposes of an investigation, prosecution, or other proceeding brought by the United States only, loss resulting from a related course of conduct affecting 1 or more other protected computers) aggregating at least $5,000 in value; (II) the modification or impairment, or potential modification or impairment, of the medical examination, diagnosis, treatment, or care of 1 or more individuals; (III) physical injury to any person; (IV) a threat to public health or safety; (V) damage affecting a computer used by or for an entity of the United States Government in furtherance of the administration of justice, national defense, or national security; or (VI) damage affecting 10 or more protected computers during any 1-year period; or (ii) an attempt to commit an offense punishable under this subparagraph; (B) except as provided in subparagraphs (E) and (F), a fine under this title, imprisonment for not more than 10 years, or both, in the case of— (i) an offense under subsection (a)(5)(A), which does not occur after a conviction for another offense under this section, if the offense caused (or, in the case of an attempted offense, would, if completed, have caused) a harm provided in subclauses (I) through (VI) of subparagraph (A)(i); or (ii) an attempt to commit an offense punishable under this subparagraph; (C) except as provided in subparagraphs (E) and (F), a fine under this title, imprisonment for not more than 20 years, or both, in the case of— (i) an offense or an attempt to commit an offense under subparagraphs (A) or (B) of subsection (a)(5) that occurs after a conviction for another offense under this section; or (ii) an attempt to commit an offense punishable under this subparagraph; (D) a fine under this title, imprisonment for not more than 10 years, or both, in the case of— (i) an offense or an attempt to commit an offense under subsection (a)(5)(C) that occurs after a conviction for another offense under this section; or (ii) an attempt to commit an offense punishable under this subparagraph; (E) if the offender attempts to cause or knowingly or recklessly causes serious bodily injury from conduct in violation of subsection (a)(5)(A), a fine under this title, imprisonment for not more than 20 years, or both; (F) if the offender attempts to cause or knowingly or recklessly causes death from conduct in violation of subsection (a)(5)(A), a fine under this title, imprisonment for any term of years or for life, or both; or (G) a fine under this title, imprisonment for not more than 1 year, or both, for— (i) any other offense under subsection (a)(5); or (ii) an attempt to commit an offense punishable under this subparagraph. (c) Investigative authority (1) United States Secret Service The United States Secret Service shall, in addition to any other agency having such authority, have the authority to investigate offenses under this section. (2) Federal Bureau of Investigation The Federal Bureau of Investigation shall have primary authority to investigate offenses under subsection (a)(1) for any cases involving espionage, foreign counterintelligence, information protected against unauthorized disclosure for reasons of national defense or foreign relations, or Restricted Data (as that term is defined in section 11 y. of the Atomic Energy Act of 1954 , except for offenses affecting the duties of the United States Secret Service pursuant to section 3056(a). (3) Agreement Such authority shall be exercised in accordance with an agreement which shall be entered into by the Secretary of the Treasury and the Attorney General. (d) Definitions As used in this section— (1) the term computer means an electronic, magnetic, optical, electrochemical, or other high speed data processing device performing logical, arithmetic, or storage functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device, but such term does not include an automated typewriter or typesetter, a portable hand held calculator, or other similar device; (2) the term protected computer means a computer— (A) exclusively for the use of a financial institution or the United States Government, or, in the case of a computer not exclusively for such use, used by or for a financial institution or the United States Government and the conduct constituting the offense affects that use by or for the financial institution or the Government; or (B) which is used in interstate or foreign commerce or communication, including a computer located outside the United States that is used in a manner that affects interstate or foreign commerce or communication of the United States; (3) the term financial institution has meaning given the term in section 1, except that such term— (A) includes— (i) a broker or dealer registered with the Securities and Exchange Commission pursuant to section 15 of the Securities Exchange Act of 1934; and (ii) the Securities Investor Protection Corporation; and (B) does not include— (i) a small business investment company (as defined in section 103 of the Small Business Investment Act of 1958); or (ii) a depository institution holding company (as defined in section 3(w)(1) of the Federal Deposit Insurance Act). (4) the term financial record means information derived from any record held by a financial institution pertaining to a customer’s relationship with the financial institution; (5) the term exceeds authorized access means to access a computer with authorization and to use such access to obtain or alter information in the computer that the accesser is not entitled so to obtain or alter; (6) the term department of the United States means the legislative or judicial branch of the Government or one of the executive departments enumerated in section 101 of title 5; (7) the term damage means any impairment to the integrity or availability of data, a program, a system, or information; (8) the term government entity includes the Government of the United States, any State or political subdivision of the United States, any foreign country, and any state, province, municipality, or other political subdivision of a foreign country; (9) the term conviction shall include a conviction under the law of any State for a crime punishable by imprisonment for more than 1 year, an element of which is unauthorized access, or exceeding authorized access, to a computer; and (10) the term loss means any reasonable cost to any victim, including the cost of responding to an offense, conducting a damage assessment, and restoring the data, program, system, or information to its condition prior to the offense, and any revenue lost, cost incurred, or other consequential damages incurred because of interruption of service. (e) Exclusion This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States. (f) Civil action Whoever suffers damage or loss by reason of a violation of this section may maintain a civil action against the violator to obtain compensatory damages and injunctive relief or other equitable relief. A civil action for a violation of this section may be brought only if the conduct involves 1 of the factors set forth in clause subclause (I), (II), (III), (IV), or (V) of subsection (b)(4)(A)(i). Damages for a violation involving only conduct described in subsection (b)(4)(A)(i)(I) are limited to economic damages. No action may be brought under this subsection unless such action is begun within 2 years of the date of the act complained of or the date of the discovery of the damage. No action may be brought under this subsection for the negligent design or manufacture of computer hardware, computer software, or firmware. 788. Major fraud against the United States (a) Offense Whoever knowingly executes, or attempts to execute, any scheme or artifice with the intent— (1) to defraud the United States; or (2) to obtain money or property by means of false or fraudulent pretenses, representations, or promises, in any grant, contract, subcontract, subsidy, loan, guarantee, insurance, or other form of Federal assistance, including through the Troubled Asset Relief Program, an economic stimulus, recovery or rescue plan provided by the Government, or the Government's purchase of any troubled asset as defined in the Emergency Economic Stabilization Act of 2008, or in any procurement of property or services as a prime contractor with the United States or as a subcontractor or supplier on a contract in which there is a prime contract with the United States, if the value of such grant, contract, subcontract, subsidy, loan, guarantee, insurance, or other form of Federal assistance , or any constituent part thereof, is $1,000,000 or more shall, subject to the applicability of subsection (c) of this section, be imprisoned not more than 10 years. (b) Increased fine The fine imposed for an offense under this section may exceed the maximum otherwise provided by law, if such fine does not exceed $5,000,000 and— (1) the gross loss to the Government or the gross gain to a defendant is $500,000 or greater; or (2) the offense involves a conscious or reckless risk of serious personal injury. (c) Increased fine on multiple counts The maximum fine imposed upon a defendant for a prosecution including a prosecution with multiple counts under this section shall not exceed $10,000,000. (d) Disclaimer Nothing in this section shall preclude a court from imposing any other sentences available under this title, including a fine up to twice the amount of the gross loss or gross gain involved in the offense pursuant to section 3571(d). (e) Limitation A prosecution of an offense under this section may be commenced any time not later than 7 years after the offense is committed, plus any additional time otherwise allowed by law. (f) Whistleblower Any individual who— (1) is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment by an employer because of lawful acts done by the employee on behalf of the employee or others in furtherance of a prosecution under this section (including investigation for, initiation of, testimony for, or assistance in such prosecution), and (2) was not a participant in the unlawful activity that is the subject of such prosecution; may, in a civil action, obtain all relief necessary to make such individual whole. Such relief shall include reinstatement with the same seniority status such individual would have had but for the discrimination, 2 times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorney’s fees. 789. Concealment of assets from conservator, receiver, or liquidating agent Whoever— (1) knowingly conceals an asset or property from the Federal Deposit Insurance Corporation, acting as conservator or receiver or in the Corporation’s corporate capacity with respect to any asset acquired or liability assumed by the Corporation under section 11, 12, or 13 of the Federal Deposit Insurance Act , any conservator appointed by the Comptroller of the Currency, the Federal Deposit Insurance Corporation acting as receiver for a covered financial company, in accordance with title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act, or the National Credit Union Administration Board, acting as conservator or liquidating agent; (2) corruptly impedes the functions of such Corporation, Board, or conservator; or (3) corruptly places an asset or property beyond the reach of such Corporation, Board, or conservator, shall be imprisoned not more than 5 years. 790. Crimes by or affecting persons engaged in the business of insurance whose activities affect interstate commerce (a) False statement offense (1) Whoever is engaged in the business of insurance whose activities affect interstate commerce and knowingly, with the intent to deceive, makes any false material statement or report or knowingly and materially overvalues any land, property or security— (A) in connection with any financial reports or documents presented to any insurance regulatory official or agency or an agent or examiner appointed by such official or agency to examine the affairs of such person, and (B) for the purpose of influencing the actions of such official or agency or such an appointed agent or examiner, shall be punished as provided in paragraph (2). (2) The punishment for an offense under paragraph (1) is a fine as established under this title or imprisonment for not more than 10 years, or both, except that the term of imprisonment shall be not more than 15 years if the statement or report or overvaluing of land, property, or security jeopardized the safety and soundness of an insurer and was a significant cause of such insurer being placed in conservation, rehabilitation, or liquidation by an appropriate court. (b) Embezzlement and similar conduct (1) Whoever— (A) acting as, or being an officer, director, agent, or employee of, any person engaged in the business of insurance whose activities affect interstate commerce, or (B) is engaged in the business of insurance whose activities affect interstate commerce or is involved (other than as an insured or beneficiary under a policy of insurance) in a transaction relating to the conduct of affairs of such a business, knowingly embezzles, abstracts, purloins, or misappropriates any of the moneys, funds, premiums, credits, or other property of such person so engaged shall be punished as provided in paragraph (2). (2) The punishment for an offense under paragraph (1) is a fine as provided under this title or imprisonment for not more than 10 years, or both, except that if such embezzlement, abstraction, purloining, or misappropriation described in paragraph (1) jeopardized the safety and soundness of an insurer and was a significant cause of such insurer being placed in conservation, rehabilitation, or liquidation by an appropriate court, such imprisonment shall be not more than 15 years. If the amount or value so embezzled, abstracted, purloined, or misappropriated does not exceed $5,000, whoever violates paragraph (1) shall be imprisoned not more than one year. (c) False entries (1) Whoever is engaged in the business of insurance and whose activities affect interstate commerce or is involved (other than as an insured or beneficiary under a policy of insurance) in a transaction relating to the conduct of affairs of such a business, knowingly makes any false entry of material fact in any book, report, or statement of such person engaged in the business of insurance with intent to deceive any person, including any officer, employee, or agent of such person engaged in the business of insurance, any insurance regulatory official or agency, or any agent or examiner appointed by such official or agency to examine the affairs of such person, about the financial condition or solvency of such business shall be punished as provided in paragraph (2). (2) The punishment for an offense under paragraph (1) is a fine as provided under this title or imprisonment for not more than 10 years, or both, except that if the false entry in any book, report, or statement of such person jeopardized the safety and soundness of an insurer and was a significant cause of such insurer being placed in conservation, rehabilitation, or liquidation by an appropriate court, such imprisonment shall be not more than 15 years. (d) Obstruction Whoever, by threats or force or by any threatening letter or communication, corruptly influences, obstructs, or impedes or endeavors corruptly to influence, obstruct, or impede the due and proper administration of the law under which any proceeding involving the business of insurance whose activities affect interstate commerce is pending before any insurance regulatory official or agency or any agent or examiner appointed by such official or agency to examine the affairs of a person engaged in the business of insurance whose activities affect interstate commerce, shall be imprisoned not more than 10 years. (e) Disqualification for insurance business (1) (A) Any individual who has been convicted of any criminal felony involving dishonesty or a breach of trust, or who has been convicted of an offense under this section, and who knowingly engages in the business of insurance whose activities affect interstate commerce or participates in such business, shall be imprisoned not more than 5 years. (B) Any individual who is engaged in the business of insurance whose activities affect interstate commerce and who knowingly permits the participation described in subparagraph (A) shall be imprisoned not more than 5 years. (2) A person described in paragraph (1)(A) may engage in the business of insurance or participate in such business if such person has the written consent of any insurance regulatory official authorized to regulate the insurer, which consent specifically refers to this subsection. (f) Definitions As used in this section— (1) the term business of insurance means— (A) the writing of insurance, or (B) the reinsuring of risks, by an insurer, including all acts necessary or incidental to such writing or reinsuring and the activities of persons who act as, or are, officers, directors, agents, or employees of insurers or who are other persons authorized to act on behalf of such persons; and (2) the term insurer means any entity the business activity of which is the writing of insurance or the reinsuring of risks, and includes any person who acts as, or is, an officer, director, agent, or employee of that business. 791. Civil penalties and injunctions for violations of section 790 (a) Civil penalty The Attorney General may bring a civil action in the appropriate United States district court against any person who engages in conduct constituting an offense under section 790 and, upon proof of such conduct by a preponderance of the evidence, such person shall be subject to a civil penalty of not more than $50,000 for each violation or the amount of compensation which the person received or offered for the prohibited conduct, whichever amount is greater. If the offense has contributed to the decision of a court of appropriate jurisdiction to issue an order directing the conservation, rehabilitation, or liquidation of an insurer, such penalty shall be remitted to the appropriate regulatory official for the benefit of the policyholders, claimants, and creditors of such insurer. The imposition of a civil penalty under this subsection does not preclude any other criminal or civil statutory, common law, or administrative remedy, which is available by law to the United States or any other person. (b) Order prohibiting If the Attorney General has reason to believe that a person is engaged in conduct constituting an offense under section 790, the Attorney General may petition an appropriate United States district court for an order prohibiting that person from engaging in such conduct. The court may issue an order prohibiting that person from engaging in such conduct if the court finds that the conduct constitutes such an offense. The filing of a petition under this section does not preclude any other remedy which is available by law to the United States or any other person. 792. False statements relating to health care matters Whoever, in any matter involving a health care benefit program, knowingly— (1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact; or (2) makes any materially false, fictitious, or fraudulent statements or representations, or makes or uses any materially false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry, in connection with the delivery of or payment for health care benefits, items, or services, shall be imprisoned not more than 5 years. 793. Entry by false pretenses to any real property, vessel, or aircraft of the United States or secure area of any airport or seaport (a) Offense Whoever, by any fraud or false pretense, enters— (1) any real property belonging in whole or in part to, or leased by, the United States; (2) any vessel or aircraft belonging in whole or in part to, or leased by, the United States; (3) any secure or restricted area of any seaport, designated as secure in an approved security plan, as required under section 70103 of title 46 and the rules and regulations promulgated under that section; or (4) any secure area of any airport, shall be punished as provided in subsection (b). (b) Punishment The punishment for an offense under subsection (a) is— (1) imprisonment for not more than 10 years, if the offense is committed with the intent to commit a felony; or (2) imprisonment for not more than 6 months, in any other case. (c) Definitions As used in this section— (1) the term secure area means an area access to which is restricted by the airport authority, captain of the seaport, or a public agency; and (2) the term airport has the meaning given such term in section 47102 of title 49. 794. Fraud and related activity in connection with electronic mail (a) In general Whoever, in or affecting interstate or foreign commerce, knowingly— (1) accesses a protected computer without authorization, and intentionally initiates the transmission of multiple commercial electronic mail messages from or through such computer, (2) uses a protected computer to relay or retransmit multiple commercial electronic mail messages, with the intent to deceive or mislead recipients, or any Internet access service, as to the origin of such messages, (3) materially falsifies header information in multiple commercial electronic mail messages and intentionally initiates the transmission of such messages, (4) registers, using information that materially falsifies the identity of the actual registrant, for five or more electronic mail accounts or online user accounts or two or more domain names, and intentionally initiates the transmission of multiple commercial electronic mail messages from any combination of such accounts or domain names, or (5) falsely represents oneself to be the registrant or the legitimate successor in interest to the registrant of 5 or more Internet Protocol addresses, and intentionally initiates the transmission of multiple commercial electronic mail messages from such addresses, shall be punished as provided in paragraph (b). (b) Penalties The punishment for an offense under subsection (a) is— (1) a fine under this title, imprisonment for not more than 5 years, or both, if— (A) the offense is committed in furtherance of any felony under the laws of the United States or of any State; or (B) the defendant has previously been convicted under this section or section 787, or under the law of any State for conduct involving the transmission of multiple commercial electronic mail messages or unauthorized access to a computer system; (2) a fine under this title, imprisonment for not more than 3 years, or both, if— (A) the offense is an offense under subsection (a)(1); (B) the offense is an offense under subsection (a)(4) and involved 20 or more falsified electronic mail or online user account registrations, or 10 or more falsified domain name registrations; (C) the volume of electronic mail messages transmitted in furtherance of the offense exceeded 2,500 during any 24-hour period, 25,000 during any 30-day period, or 250,000 during any 1-year period; (D) the offense caused loss to one or more persons aggregating $5,000 or more in value during any 1-year period; (E) as a result of the offense any individual committing the offense obtained anything of value aggregating $5,000 or more during any 1-year period; or (F) the offense was undertaken by the defendant in concert with three or more other persons with respect to whom the defendant occupied a position of organizer or leader; and (3) a fine under this title or imprisonment for not more than 1 year, or both, in any other case. (c) Definitions For the purposes of this section— (1) the term loss has the meaning given that term in section 787(d); (2) for purposes of paragraphs (3) and (4) of subsection (a), header information or registration information is materially falsified if it is altered or concealed in a manner that would impair the ability of a recipient of the message, an Internet access service processing the message on behalf of a recipient, a person alleging a violation of this section, or a law enforcement agency to identify, locate, or respond to a person who initiated the electronic mail message or to investigate the alleged violation; (3) the term multiple means more than 100 electronic mail messages during a 24-hour period, more than 1,000 electronic mail messages during a 30-day period, or more than 10,000 electronic mail messages during a 1-year period; and (4) any other term has the meaning given that term by section 3 of the CAN–SPAM Act of 2003. 795. False information and hoaxes (a) Criminal violation (1) In general Whoever engages in any conduct with intent to convey false or misleading information under circumstances where such information may reasonably be believed and where such information indicates that an activity has taken, is taking, or will take place that would constitute a violation of subchapter A or D of chapter 33, subchapter B of chapter 15, or subchapter B, D, E, or F of chapter 21 of this title, section 236 of the Atomic Energy Act of 1954 , or section 46502, the second sentence of section 46504, section 46505(b)(3) or (c), section 46506 if homicide or attempted homicide is involved, or section 60123(b) of title 49, shall— (A) be imprisoned not more than 5 years; (B) if serious bodily injury results, be imprisoned not more than 20 years; and (C) if death results, be imprisoned for any number of years up to life. (2) Armed Forces Whoever makes a false statement, with intent to convey false or misleading information, about the death, injury, capture, or disappearance of a member of the Armed Forces of the United States during a war or armed conflict in which the United States is engaged— (A) shall be imprisoned not more than 5 years; (B) if serious bodily injury results, shall be imprisoned not more than 20 years; and (C) if death results, shall be imprisoned for any number of years or for life. (b) Civil action Whoever engages in any conduct with intent to convey false or misleading information under circumstances where such information may reasonably be believed and where such information indicates that an activity has taken, is taking, or will take place that would constitute a violation of subchapter A or D of chapter 33, subchapter B of chapter 15, or subchapter B, D, E, or F of chapter 21 of this title, section 236 of the Atomic Energy Act of 1954 , or section 46502, the second sentence of section 46504, section 46505(b)(3) or (c), section 46506 if homicide or attempted homicide is involved, or section 60123(b) of title 49 is liable in a civil action to any party incurring expenses incident to any emergency or investigative response to that conduct, for those expenses. (c) Reimbursement (1) In general The court, in imposing a sentence on a defendant who has been convicted of an offense under subsection (a), shall order the defendant to reimburse any state or local government, or private not-for-profit organization that provides fire or rescue service incurring expenses incident to any emergency or investigative response to that conduct, for those expenses. (2) Liability A person ordered to make reimbursement under this subsection shall be jointly and severally liable for such expenses with each other person, if any, who is ordered to make reimbursement under this subsection for the same expenses. (3) Civil judgment An order of reimbursement under this subsection shall, for the purposes of enforcement, be treated as a civil judgment. (d) Activities of law enforcement This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or political subdivision of a State, or of an intelligence agency of the United States. 796. Fraud and related activity in connection with obtaining confidential phone records information of a covered entity (a) Criminal violation Whoever, in interstate or foreign commerce, knowingly and intentionally obtains, or attempts to obtain, confidential phone records information of a covered entity, by— (1) making false or fraudulent statements or representations to an employee of a covered entity; (2) making such false or fraudulent statements or representations to a customer of a covered entity; (3) providing a document to a covered entity knowing that such document is false or fraudulent; or (4) accessing customer accounts of a covered entity via the Internet, or by means of conduct that violates section 787, without prior authorization from the customer to whom such confidential phone records information relates; shall be imprisoned for not more than 10 years. (b) Prohibition on sale or transfer of confidential phone records information (1) Except as otherwise permitted by applicable law, whoever, in interstate or foreign commerce, knowingly and intentionally sells or transfers, or attempts to sell or transfer, confidential phone records information of a covered entity, without prior authorization from the customer to whom such confidential phone records information relates, or knowing or having reason to know such information was obtained fraudulently, shall be imprisoned not more than 10 years. (2) For purposes of this subsection, the exceptions specified in section 222(d) of the Communications Act of 1934 apply for the use of confidential phone records information by any covered entity, as defined in subsection (h). (c) Prohibition on purchase or receipt of confidential phone records information (1) Except as otherwise permitted by applicable law, whoever, in interstate or foreign commerce, knowingly and intentionally purchases or receives, or attempts to purchase or receive, confidential phone records information of a covered entity, without prior authorization from the customer to whom such confidential phone records information relates, or knowing or having reason to know such information was obtained fraudulently, shall be imprisoned not more than 10 years. (2) For purposes of this subsection, the exceptions specified in section 222(d) of the Communications Act of 1934 apply for the use of confidential phone records information by any covered entity, as defined in subsection (h). (d) Enhanced penalties for aggravated cases Whoever violates, or attempts to violate, subsection (a), (b), or (c) while violating another law of the United States or as part of a pattern of any illegal activity involving more than $100,000, or more than 50 customers of a covered entity, in a 12-month period shall, in addition to the penalties provided for in such subsection, be imprisoned for not more than 5 years. (e) Enhanced penalties for use of information in furtherance of certain criminal offenses (1) Whoever, violates, or attempts to violate, subsection (a), (b), or (c) knowing that such information may be used in furtherance of, or with the intent to commit, an offense described in section 161 or any other crime of violence shall, in addition to the penalties provided for in such subsection, be imprisoned not more than 5 years. (2) Whoever, violates, or attempts to violate, subsection (a), (b), or (c) knowing that such information may be used in furtherance of, or with the intent to commit, an offense under section 102, 112, 131, 1132, 1137, or 1138, or to intimidate, threaten, harass, injure, or kill any Federal, State, or local law enforcement officer shall, in addition to the penalties provided for in such subsection, be and imprisoned not more than 5 years. (f) Extraterritorial jurisdiction There is extraterritorial jurisdiction over an offense under this section. (g) Nonapplicability to law enforcement agencies This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or political subdivision of a State, or of an intelligence agency of the United States. (h) Definitions In this section: (1) Confidential phone records information The term confidential phone records information means information that— (A) relates to the quantity, technical configuration, type, destination, location, or amount of use of a service offered by a covered entity, subscribed to by any customer of that covered entity, and kept by or on behalf of that covered entity solely by virtue of the relationship between that covered entity and the customer; (B) is made available to a covered entity by a customer solely by virtue of the relationship between that covered entity and the customer; or (C) is contained in any bill, itemization, or account statement provided to a customer by or on behalf of a covered entity solely by virtue of the relationship between that covered entity and the customer. (2) Covered entity The term covered entity — (A) has the same meaning given the term telecommunications carrier in section 3 of the Communications Act of 1934 ; and (B) includes any provider of IP-enabled voice service. (3) Customer The term customer means, with respect to a covered entity, any individual, partnership, association, joint stock company, trust, or corporation, or authorized representative of such customer, to whom the covered entity provides a product or service. (4) IP-enabled voice service The term IP-enabled voice service means the provision of real-time voice communications offered to the public, or such class of users as to be effectively available to the public, transmitted through customer premises equipment using TCP/IP protocol, or a successor protocol, (whether part of a bundle of services or separately) with interconnection capability such that the service can originate traffic to, or terminate traffic from, the public switched telephone network, or a successor network. B MAIL FRAUD 801. Frauds and swindles. 802. Fictitious name or address. 803. Fraud by wire, radio, or television. 804. Bank fraud. 805. Definition of scheme or artifice to defraud . 806. Health care fraud. 807. Securities and commodities fraud. 808. Failure of corporate officers to certify financial reports. 801. Frauds and swindles Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be imprisoned not more than 20 years. If the violation occurs in relation to, or involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with, a presidentially declared major disaster or emergency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act), or affects a financial institution, such person shall be imprisoned not more than 30 years. 802. Fictitious name or address Whoever, for the purpose of conducting, promoting, or carrying on by means of the Postal Service, any scheme or device mentioned in section 801 or any other unlawful business, uses or assumes, or requests to be addressed by, any fictitious, false, or assumed title, name, or address or name other than his own proper name, or takes or receives from any post office or authorized depository of mail matter, any letter, postal card, package, or other mail matter addressed to any such fictitious, false, or assumed title, name, or address, or name other than his or her own proper name, shall be imprisoned not more than five years. 803. Fraud by wire, radio, or television Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be imprisoned not more than 20 years. If the violation occurs in relation to, or involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with, a presidentially declared major disaster or emergency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act), or affects a financial institution, such person shall be imprisoned not more than 30 years. 804. Bank fraud Whoever knowingly executes, a scheme or artifice— (1) to defraud a financial institution; or (2) to obtain any of the moneys, funds, credits, assets, securities, or other property owned by, or under the custody or control of, a financial institution, by means of false or fraudulent pretenses, representations, or promises; shall be imprisoned not more than 30 years. 805. Definition of scheme or artifice to defraud For the purposes of this subchapter, the term scheme or artifice to defraud includes a scheme or artifice to deprive another of the intangible right of honest services. 806. Health care fraud Whoever knowingly executes a scheme or artifice— (1) to defraud any health care benefit program; or (2) to obtain, by means of false or fraudulent pretenses, representations, or promises, any of the money or property owned by, or under the custody or control of, any health care benefit program, in connection with the delivery of or payment for health care benefits, items, or services, shall be fined under this title or imprisoned not more than 10 years, or both. If the violation results in serious bodily injury, such person shall be imprisoned not more than 20 years, and if the violation results in death, such person shall be imprisoned for any term of years or for life. 807. Securities and commodities fraud Whoever knowingly executes a scheme or artifice— (1) to defraud any person in connection with any commodity for future delivery, or any option on a commodity for future delivery, or any security of an issuer with a class of securities registered under section 12 of the Securities Exchange Act of 1934 or that is required to file reports under section 15(d) of the Securities Exchange Act of 1934 ; or (2) to obtain, by means of false or fraudulent pretenses, representations, or promises, any money or property in connection with the purchase or sale of any commodity for future delivery, or any option on a commodity for future delivery, or any security of an issuer with a class of securities registered under section 12 of the Securities Exchange Act of 1934 or that is required to file reports under section 15(d) of the Securities Exchange Act of 1934 ; shall be imprisoned not more than 25 years. 808. Failure of corporate officers to certify financial reports (a) Certification of periodic financial reports Each periodic report containig financial statements filed by an issuer with the Securities Exchange Commission pursuant to section 13(a) or 15(d) of the Securities Exchange Act of 1934 shall be accompanied by a written statement by the chief executive officer and chief financial officer (or equivalent thereof) of the issuer. (b) Content The statement required under subsection (a) shall certify that the periodic report containing the financial statements fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in the periodic report fairly presents, in all material respects, the financial condition and results of operations of the issuer. (c) Criminal penalties Whoever knowingly— (1) certifies any statement as set forth in subsections (a) and (b) knowing that the periodic report accompanying the statement does not comport with all the requirements set forth in this section shall be imprisoned not more than 10 years; or (2) certifies any statement as set forth in subsections (a) and (b) knowing that the periodic report accompanying the statement does not comport with all the requirements set forth in this section, shall be imprisoned not more than 20 years. 27 CRIMES RELATED TO FEDERAL GOVERNMENT RESPONSIBILITIES Subchapter A. Coins and currency B. Customs C. Indians D. Bankruptcy E. Civil rights F. Foreign relations G. Postal service H. Special maritime and territorial jurisdiction of the United States A COINS AND CURRENCY 851. Mutilation, diminution, and falsification of coins. 852. Mutilation of national bank obligations. 851. Mutilation, diminution, and falsification of coins Whoever— (1) fraudulently alters, defaces, mutilates, impairs, diminishes, falsifies, scales, or lightens any of the coins coined at the mints of the United States, or any foreign coins which are by law made current or are in actual use or circulation as money within the United States; or (2) fraudulently possesses, passes, utters, publishes, or sells, or attempts to pass, utter, publish, or sell, or brings into the United States, any such coin, knowing the same to be altered, defaced, mutilated, impaired, diminished, falsified, scaled, or lightened; shall be imprisoned not more than five years. 852. Mutilation of national bank obligations Whoever mutilates, cuts, defaces, disfigures, or perforates, or unites or cements together, or does any other thing to any bank bill, draft, note, or other evidence of debt issued by any national banking association, or Federal Reserve bank, or the Federal Reserve System, with intent to render such bank bill, draft, note, or other evidence of debt unfit to be reissued, shall be imprisoned not more than six months. B CUSTOMS 861. Entry of goods falsely classified. 862. Entry of goods by means of false statements. 863. Smuggling goods into the United States. 864. Smuggling goods into foreign countries. 865. Removing goods from Customs custody; breaking seals. 866. Importation or exportation of stolen motor vehicles, off-highway mobile equipment, vessels, or aircraft. 867. Smuggling goods from the United States. 868. Border tunnels and passages. 861. Entry of goods falsely classified Whoever knowingly effects any entry of goods, wares, or merchandise, at less than the true weight or measure thereof, or upon a false classification as to quality or value, or by the payment of less than the amount of duty legally due, shall be imprisoned not more than two years. 862. Entry of goods by means of false statements (a) Offense Whoever— (1) enters or introduces, or attempts to enter or introduce, into the commerce of the United States any imported merchandise by means of any fraudulent or false invoice, declaration, affidavit, letter, paper, or by means of any false statement, written or verbal, or by means of any false or fraudulent practice or appliance, or makes any false statement in any declaration without reasonable cause to believe the truth of such statement, or procures the making of any such false statement as to any matter material thereto without reasonable cause to believe the truth of such statement, whether or not the United States shall or may be deprived of any lawful duties; or (2) knowingly engages in an act or omission whereby the United States is or may be deprived of any lawful duties accruing upon merchandise embraced or referred to in such invoice, declaration, affidavit, letter, paper, or statement, or affected by such act or omission; shall be imprisoned not more than two years. (b) Definition As used in this section, the term commerce of the United States does not include commerce with Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, Johnston Island, or Guam. 863. Smuggling goods into the United States (a) Offense Whoever— (1) knowingly and with intent to defraud the United States, smuggles, or clandestinely introduces or attempts to smuggle or clandestinely introduce into the United States any merchandise which should have been invoiced, or makes out or passes, or attempts to pass, through the customhouse any false, forged, or fraudulent invoice, or other document or paper; or (2) fraudulently or knowingly imports or brings into the United States, any merchandise contrary to law, or receives, conceals, buys, sells, or in any manner facilitates the transportation, concealment, or sale of such merchandise after importation, knowing the same to have been imported or brought into the United States contrary to law; shall be imprisoned not more than 20 years. (b) Forfeiture Merchandise introduced into the United States in violation of this section, or the value thereof, to be recovered from any person described in subsection (a), shall be forfeited to the United States. (c) Definition The term United States , as used in this section, does not include Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, Johnston Island, or Guam. 864. Smuggling goods into foreign countries (a) Offense Whoever, owning in whole or in part any vessel of the United States, employs, or participates in, or allows the employment of, such vessel for the purpose of smuggling, or attempting to smuggle, or assisting in smuggling, any merchandise into the territory of any foreign government in violation of the laws there in force, if under the laws of such foreign government any penalty or forfeiture is provided for violation of the laws of the United States respecting the customs revenue, and any citizen of, or person domiciled in, or any corporation incorporated in, the United States, controlling or substantially participating in the control of any such vessel, directly or indirectly, whether through ownership of corporate shares or otherwise, and allowing the employment of said vessel for any such purpose, and any person found, or discovered to have been, on board of any such vessel so employed and participating or assisting in any such purpose, shall be imprisoned not more than two years. (b) Hiring or chartering of vessels It shall constitute an offense under this section to hire out or charter a vessel if the lessor or charterer has knowledge or reasonable grounds for belief that the lessee or person chartering the vessel intends to employ such vessel for any of the purposes described in this section and if such vessel is, during the time such lease or charter is in effect, employed for any such purpose. 865. Removing goods from Customs custody; breaking seals Whoever knowingly— (1) without authority, affixes or attaches a customs seal, fastening, or mark, or any seal, fastening, or mark purporting to be a customs seal, fastening, or mark to any vessel, vehicle, warehouse, or package; (2) without authority, removes, breaks, injures, or defaces any customs seal or other fastening or mark placed upon any vessel, vehicle, warehouse, or package containing merchandise or baggage in bond or in customs custody; (3) enters any bonded warehouse or any vessel or vehicle laden with or containing bonded merchandise with intent unlawfully to remove therefrom any merchandise or baggage therein, or unlawfully removes any merchandise or baggage in such vessel, vehicle, or bonded warehouse or otherwise in customs custody or control; or (4) receives or transports any merchandise or baggage unlawfully removed from any such vessel, vehicle, or warehouse, knowing the same to have been unlawfully removed; shall be imprisoned not more than 10 years. 866. Importation or exportation of stolen motor vehicles, off-highway mobile equipment, vessels, or aircraft (a) Offense Whoever knowingly imports, exports, or attempts to import or export— (1) any motor vehicle, off-highway mobile equipment, vessel, aircraft, or part of any motor vehicle, off-highway mobile equipment, vessel, or aircraft, knowing the same to have been stolen; or (2) any motor vehicle or off-highway mobile equipment or part of any motor vehicle or off-highway mobile equipment, knowing that the identification number of such motor vehicle, equipment, or part has been removed, obliterated, tampered with, or altered; shall be imprisoned not more than 10 years. (b) Exclusion Subsection (a)(2) does not apply if the removal, obliteration, tampering, or alteration— (1) is caused by collision or fire; or (2) (A) in the case of a motor vehicle, is not a violation of section 717 (relating to altering or removing motor vehicle identification numbers); or (B) in the case of off-highway mobile equipment, would not be a violation of section 717 if such equipment were a motor vehicle. (c) Definitions As used in this section— (1) the term motor vehicle has the meaning given that term in section 32101 of title 49; (2) the term off-highway mobile equipment means any self-propelled agricultural equipment, self-propelled construction equipment, and self-propelled special use equipment, used or designed for running on land but not on rail or highway; (3) the term vessel has the meaning given that term in section 401 of the Tariff Act of 1930 ; (4) the term aircraft has the meaning given that term in section 40102(a) of title 49; and (5) the term identification number — (A) in the case of a motor vehicle, has the meaning given that term in section 717; and (B) in the case of any other vehicle or equipment covered by this section, means a number or symbol assigned to the vehicle or equipment, or part thereof, by the manufacturer primarily for the purpose of identifying such vehicle, equipment, or part. 867. Smuggling goods from the United States (a) Offense Whoever fraudulently or knowingly exports or sends from the United States any merchandise, article, or object contrary to any law or regulation of the United States, or receives, conceals, buys, sells, or in any manner facilitates the transportation, concealment, or sale of such merchandise, article or object, prior to exportation, knowing the same to be intended for exportation contrary to any law or regulation of the United States, shall be imprisoned not more than 10 years. (b) Definition As used in this section, the term United States has the meaning given that term in section 863. 868. Border tunnels and passages (a) Construction Whoever knowingly constructs or finances the construction of a tunnel or subterranean passage that crosses the international border between the United States and another country, other than a lawfully authorized tunnel or passage known to the Secretary of Homeland Security and subject to inspection by Immigration and Customs Enforcement, shall be imprisoned for not more than 20 years. (b) Disregarding construction Whoever knows or recklessly disregards the construction or use of a tunnel or passage described in subsection (a) on land that the person owns or controls shall be imprisoned for not more than 10 years. (c) Use (1) Offense Whoever uses a tunnel or passage described in subsection (a) to unlawfully smuggle an alien, goods (in violation of section 863), controlled substances, weapons of mass destruction (including biological weapons), or a member of a terrorist organization shall be subject to a maximum term of imprisonment that is twice the maximum term of imprisonment that would have otherwise been applicable had the unlawful activity not made use of such a tunnel or passage. (2) Definition As used in this subsection, the term terrorist organization means an organization designated as a terrorist organization under section 219 of the Immigration and Nationality Act . C INDIANS 871. Indian country defined. 872. Laws governing. 873. Offenses committed within Indian country. 874. State jurisdiction over offenses committed by or against Indians in the Indian country. 875. Embezzlement and theft from Indian Tribal organizations. 876. Theft from gaming establishments on Indian lands. 877. Theft by officers or employees of gaming establishments on Indian lands. 878. Reporting of child abuse. 879. Illegal trafficking in Native American human remains and cultural items. 871. Indian country defined The term Indian country , as used in this subchapter, means— (1) all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation; (2) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a State; and (3) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same. 872. Laws governing (a) Generally Except as otherwise expressly provided by law, the general laws of the United States as to the punishment of offenses committed in any place within the sole and exclusive jurisdiction of the United States, except the District of Columbia, shall extend to the Indian country. (b) Limitation This section does not extend to offenses committed by one Indian against the person or property of another Indian, nor to any Indian committing any offense in the Indian country who has been punished by the local law of the tribe, or to any case where, by treaty stipulations, the exclusive jurisdiction over such offenses is or may be secured to the Indian tribes respectively. 873. Offenses committed within Indian country (a) Major crimes Any Indian who commits against the person or property of another Indian or other person any of the following offenses, namely, murder, manslaughter, kidnapping, maiming, a felony under subchapter A of chapter 13, incest, assault with intent to commit murder, assault with a dangerous weapon, assault resulting in serious bodily injury, an assault against an individual who has not attained the age of 16 years, arson, burglary, robbery, and a felony under section 649 within the Indian country, shall be subject to the same law and penalties as all other persons committing any of the above offenses, within the exclusive jurisdiction of the United States. (b) Definition of certain offenses Any offense referred to in subsection (a) of this section that is not defined and punished by Federal law in force within the exclusive jurisdiction of the United States shall be defined and punished in accordance with the laws of the State in which such offense was committed as are in force at the time of such offense. 874. State jurisdiction over offenses committed by or against Indians in the Indian country (a) In general Each State listed in the following table shall have jurisdiction over offenses committed by or against Indians in the areas of Indian country listed opposite the name of the State to the same extent that such State has jurisdiction over offenses committed elsewhere within the State, and the criminal laws of such State shall have the same force and effect within such Indian country as they have elsewhere within the State: Alaska All Indian country within the State, except that on Annette Islands, the Metlakatla Indian community may exercise jurisdiction over offenses committed by Indians in the same manner in which such jurisdiction may be exercised by Indian tribes in Indian country over which State jurisdiction has not been extended. California All Indian country within the State. Minnesota All Indian country within the State, except the Red Lake Reservation. Nebraska All Indian country within the State. Oregon All Indian country within the State, except the Warm Springs Reservation. Wisconsin All Indian country within the State. (b) Non-Criminal matters not affected Nothing in this section— (1) authorizes the alienation, encumbrance, or taxation of any real or personal property, including water rights, belonging to any Indian or any Indian tribe, band, or community that is held in trust by the United States or is subject to a restriction against alienation imposed by the United States; (2) authorizes regulation of the use of such property in a manner inconsistent with any Federal treaty, agreement, or statute or with any regulation made pursuant thereto; or (3) deprives any Indian or any Indian tribe, band, or community of any right, privilege, or immunity afforded under Federal treaty, agreement, or statute with respect to hunting, trapping, or fishing or the control, licensing, or regulation thereof. (c) Nonapplication Sections 872 and 873 do not apply within the areas of Indian country listed in subsection (a) as areas over which a State has exclusive jurisdiction. (d) Exception Notwithstanding subsection (c), at the request of an Indian tribe, and after consultation with and consent by the Attorney General— (1) sections 872 and 873 apply in the areas of the Indian country of the Indian tribe; and (2) jurisdiction over those areas shall be concurrent among the Federal Government, State governments, and, where applicable, tribal governments. 875. Embezzlement and theft from Indian tribal organizations (a) Offense Whoever embezzles, steals, unlawfully converts, knowingly misapplies, or knowingly permits to be misapplied, any of the property belonging to any Indian tribal organization or entrusted to the custody or care of any officer, employee, or agent of an Indian tribal organization shall be imprisoned not more than five years; but if the value of such property does not exceed the sum of $1,000, shall be imprisoned not more than one year. (b) Definition As used in this section, the term Indian tribal organization means any tribe, band, or community of Indians which is subject to the laws of the United States relating to Indian affairs or any corporation, association, or group which is organized under any of such laws. 876. Theft from gaming establishments on Indian lands Whoever abstracts, purloins, knowingly misapplies, or takes and carries away with intent to steal, any money, funds, or other property belonging to a gaming establishment operated by or for or licensed by an Indian tribe pursuant to an ordinance or resolution approved by the National Indian Gaming Commission shall be imprisoned for not more than ten years, but if the value of such property does not exceed $1,000, shall be imprisoned not more than one year. 877. Theft by officers or employees of gaming establishments on Indian lands Whoever, being an officer, employee, or individual licensee of a gaming establishment operated by or for or licensed by an Indian tribe pursuant to an ordinance or resolution approved by the National Indian Gaming Commission, embezzles, abstracts, purloins, knowingly misapplies, or takes and carries away with intent to steal, any moneys, funds, assets, or other property of such establishment shall be imprisoned for not more than 20 years, but if the value of such property is $1,000 or less shall be imprisoned not more than five years. 878. Reporting of child abuse (a) Basic reporting offense Whoever— (1) is a— (A) physician, surgeon, dentist, podiatrist, chiropractor, nurse, dental hygienist, optometrist, medical examiner, emergency medical technician, paramedic, or health care provider, (B) teacher, school counselor, instructional aide, teacher’s aide, teacher’s assistant, or bus driver employed by any tribal, Federal, public or private school, (C) administrative officer, supervisor of child welfare and attendance, or truancy officer of any tribal, Federal, public or private school, (D) child day care worker, headstart teacher, public assistance worker, worker in a group home or residential or day care facility, or social worker, (E) psychiatrist, psychologist, or psychological assistant, (F) licensed or unlicensed marriage, family, or child counselor, (G) person employed in the mental health profession, or (H) law enforcement officer, probation officer, worker in a juvenile rehabilitation or detention facility, or person employed in a public agency who is responsible for enforcing statutes and judicial orders; (2) knows, or has reasonable suspicion, that— (A) a child was abused in Indian country, or (B) actions are being taken, or are going to be taken, that would reasonably be expected to result in abuse of a child in Indian country; and (3) fails to immediately report such abuse or actions described in paragraph (2) to the local child protective services agency or local law enforcement agency, shall be imprisoned for not more than 6 months. (b) Offense by supervisors Whoever— (1) supervises, or has authority over, a person described in subsection (a)(1), and (2) inhibits or prevents that person from making the report described in subsection (a), shall be imprisoned for not more than 6 months. (c) Definitions As used in this section— (1) the term abuse includes— (A) any case in which— (i) a child is dead or exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling, and (ii) such condition is not justifiably explained or may not be the product of an accidental occurrence; and (B) any case in which a child is subjected to sexual assault, sexual molestation, sexual exploitation, sexual contact, or prostitution; (2) the term child means an individual who— (A) is not married, and (B) has not attained 18 years of age; (3) the term local child protective services agency means that agency of the Federal Government, of a State, or of an Indian tribe that has the primary responsibility for child protection on any Indian reservation or within any community in Indian country; and (4) the term local law enforcement agency means that Federal, tribal, or State law enforcement agency that has the primary responsibility for the investigation of an instance of alleged child abuse within the portion of Indian country involved. (d) Immunity from civil or criminal liability for reporting Any person making a report described in subsection (a) which is based upon their reasonable belief and which is made in good faith shall be immune from civil or criminal liability for making that report. 879. Illegal trafficking in Native American human remains and cultural items (a) Human remains Whoever knowingly sells, purchases, uses for profit, or transports for sale or profit, the human remains of a Native American without the right of possession to those remains as provided in the Native American Graves Protection and Repatriation Act shall be imprisoned not more than 12 months, and in the case of a second or subsequent violation, be imprisoned not more than 5 years. (b) Cultural items Whoever knowingly sells, purchases, uses for profit, or transports for sale or profit any Native American cultural items obtained in violation of the Native American Grave Protection and Repatriation Act shall be imprisoned not more than one year, and in the case of a second or subsequent violation, be imprisoned not more than 5 years. D BANKRUPTCY 881. Concealment of assets; false oaths and claims; bribery. 882. Embezzlement against estate. 883. Adverse interest and conduct of officers. 884. Fee agreements in cases under title 11 and receiverships. 885. Bankruptcy fraud. 886. Definition. 881. Concealment of assets; false oaths and claims; bribery Whoever— (1) knowingly conceals from a custodian, trustee, marshal, or other officer of the court charged with the control or custody of property, or, in connection with a case under title 11, from creditors or the United States Trustee, any property belonging to the estate of a debtor; (2) knowingly makes a false oath or account in or in relation to any case under title 11; (3) knowingly makes a false declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, in or in relation to any case under title 11; (4) knowingly presents any false claim for proof against the estate of a debtor, or uses any such claim in any case under title 11, in a personal capacity or as or through an agent, proxy, or attorney; (5) knowingly receives any material amount of property from a debtor after the filing of a case under title 11, with intent to defeat the provisions of title 11; (6) knowingly and corruptly gives, offers, receives, or attempts to obtain any money or property, remuneration, compensation, reward, advantage, or promise thereof for acting or forbearing to act in any case under title 11; (7) in a personal capacity or as an agent or officer of any person or corporation, in contemplation of a case under title 11 by or against the person or any other person or corporation, or with intent to defeat the provisions of title 11, knowingly transfers or conceals any of his property or the property of such other person or corporation; (8) after the filing of a case under title 11 or in contemplation thereof, knowingly conceals, destroys, mutilates, falsifies, or makes a false entry in any recorded information (including books, documents, records, and papers) relating to the property or financial affairs of a debtor; or (9) after the filing of a case under title 11, knowingly withholds from a custodian, trustee, marshal, or other officer of the court or a United States Trustee entitled to its possession, any recorded information (including books, documents, records, and papers) relating to the property or financial affairs of a debtor, shall be imprisoned not more than 5 years. 882. Embezzlement against estate (a) Offense Whoever, being described in subsection (b), knowingly and unlawfully appropriates to the person’s own use, embezzles, spends, or transfers any property or secretes or destroys any document belonging to the estate of a debtor shall be imprisoned not more than 5 years. (b) Person to whom section applies A person described in this subsection is one who has access to property or documents belonging to an estate by virtue of the person’s participation in the administration of the estate as a trustee, custodian, marshal, attorney, or other officer of the court or as an agent, employee, or other person engaged by such an officer to perform a service with respect to the estate. 883. Adverse interest and conduct of officers Whoever, being a custodian, trustee, marshal, or other officer of the court— (1) knowingly purchases any property of the estate of which the person is such an officer in a case under title 11; (2) knowingly refuses to permit a reasonable opportunity for the inspection by parties in interest of the documents and accounts relating to the affairs of estates in the person’s charge by parties when directed by the court to do so; or (3) knowingly refuses to permit a reasonable opportunity for the inspection by the United States Trustee of the documents and accounts relating to the affairs of an estate in the person’s charge, shall be fined under this title and shall forfeit the person’s office, which shall thereupon become vacant. 884. Fee agreements in cases under title 11 and receiverships Whoever, being a party in interest, whether as a debtor, creditor, receiver, trustee or representative of any of them, or attorney for any such party in interest, in any receivership or case under title 11 in any United States court or under its supervision, knowingly and corruptly enters into any agreement, express or implied, with another such party in interest or attorney for another such party in interest, for the purpose of fixing the fees or other compensation to be paid to any party in interest or to any attorney for any party in interest for services rendered in connection therewith, from the assets of the estate, shall be imprisoned not more than one year. 885. Bankruptcy fraud Whoever for the purpose of executing or concealing a scheme or artifice to defraud— (1) files a petition under title 11, including a fraudulent involuntary petition under section 303 of such title; (2) files a document in a proceeding under title 11; or (3) makes a false or fraudulent representation, claim, or promise concerning or in relation to a proceeding under title 11, at any time before or after the filing of the petition, or in relation to a proceeding falsely asserted to be pending under such title, shall be imprisoned not more than 5 years. 886. Definition As used in this subchapter, the term debtor means a debtor concerning whom a petition has been filed under title 11. E CIVIL RIGHTS 891. Conspiracy against rights. 892. Deprivation of rights under color of law. 893. Exclusion of jurors on account of race or color. 894. Discrimination against person wearing uniform of Armed Forces. 895. Federally protected activities. 896. Deprivation of relief benefits. 897. Damage to religious property; obstruction of persons in the free exercise of religious beliefs. 898. Freedom of access to clinic entrances. 899. Voting Rights Act violations. 900. Prevention of intimidation in fair housing cases. 901. Hate crime acts. 891. Conspiracy against rights If two or more persons— (1) conspire to injure, oppress, threaten, or intimidate any person in any State in the free exercise or enjoyment of any right or privilege secured to that person by the Constitution or laws of the United States, or because of that person’s having so exercised the same; or (2) go in disguise on the highway, or on the premises of another, with intent to prevent or hinder that other’s free exercise or enjoyment of any right or privilege so secured; each shall be imprisoned not more than ten years; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, each shall be imprisoned for any term of years or for life, or may be sentenced to death. 892. Deprivation of rights under color of law Whoever, under color of any law, statute, ordinance, regulation, or custom, knowingly subjects any person in any State to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be imprisoned not more than one year; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be imprisoned not more than ten years; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be imprisoned for any term of years or for life, or may be sentenced to death. 893. Exclusion of jurors on account of race or color No citizen possessing all other qualifications which are or may be prescribed by law shall be disqualified for service as grand or petit juror in any court of the United States, or of any State on account of race, color, or previous condition of servitude; and whoever, being an officer or other person charged with any duty in the selection or summoning of jurors, excludes or fails to summon any citizen for such cause, shall be fined not more than $5,000. 894. Discrimination against person wearing uniform of Armed Forces Whoever, being a proprietor, manager, or employee of a theater or other public place of entertainment or amusement in the District of Columbia, or in any territory, or possession of the United States, causes any person wearing the uniform of any of the armed forces of the United States to be discriminated against because of that uniform, shall be fined under this title. 895. Federally protected activities (a) Construction (1) Nothing in this section shall be construed as indicating an intent on the part of Congress to prevent any State, any possession or Commonwealth of the United States, or the District of Columbia, from exercising jurisdiction over any offense over which it would have jurisdiction in the absence of this section, nor shall anything in this section be construed as depriving State and local law enforcement authorities of responsibility for prosecuting acts that may be violations of this section and that are violations of State and local law. No prosecution of any offense described in this section shall be undertaken by the United States except upon the certification in writing of the Attorney General, the Deputy Attorney General, the Associate Attorney General, or any Assistant Attorney General specially designated by the Attorney General that in his judgment a prosecution by the United States is in the public interest and necessary to secure substantial justice, which function of certification may not be delegated. (2) Nothing in this subsection shall be construed to limit the authority of Federal officers, or a Federal grand jury, to investigate possible violations of this section. (b) Offense Whoever, by force or threat of force, knowingly injures, intimidates, or interferes with— (1) any person because he is or has been, or in order to intimidate such person or any other person or any class of persons from— (A) voting or qualifying to vote, qualifying or campaigning as a candidate for elective office, or qualifying or acting as a poll watcher, or any legally authorized election official, in any primary, special, or general election; (B) participating in or enjoying any benefit, service, privilege, program, facility, or activity provided or administered by the United States; (C) applying for or enjoying employment, or any perquisite thereof, by any agency of the United States; (D) serving, or attending upon any court in connection with possible service, as a grand or petit juror in any court of the United States; or (E) participating in or enjoying the benefits of any program or activity receiving Federal financial assistance; (2) any person because of his race, color, religion or national origin and because he is or has been— (A) enrolling in or attending any public school or public college; (B) participating in or enjoying any benefit service, privilege, program, facility or activity provided or administered by any State or subdivision thereof; (C) applying for or enjoying employment, or any perquisite thereof, by any private employer or any agency of any State or subdivision thereof, or joining or using the services or advantages of any labor organization, hiring hall, or employment agency; (D) serving, or attending upon any court of any State in connection with possible service, as a grand or petit juror; (E) traveling in or using any facility of interstate commerce, or using any vehicle, terminal, or facility of any common carrier by motor, rail, water, or air; (F) enjoying the goods, services, facilities, privileges, advantages, or accommodations of any inn, hotel, motel, or other establishment which provides lodging to transient guests, or of any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility which serves the public and which is principally engaged in selling food or beverages for consumption on the premises, or of any gasoline station, or of any motion picture house, theater, concert hall, sports arena, stadium, or any other place of exhibition or entertainment which serves the public, or of any other establishment which serves the public and— (i) which is located within the premises of any of the aforesaid establishments or within the premises of which is physically located any of the aforesaid establishments; and (ii) which holds itself out as serving patrons of such establishments; (3) during or incident to a riot or civil disorder, any person engaged in a business in commerce or affecting commerce, including, but not limited to, any person engaged in a business which sells or offers for sale to interstate travelers a substantial portion of the articles, commodities, or services which it sells or where a substantial portion of the articles or commodities which it sells or offers for sale have moved in commerce; or (4) any person because that person is or has been, or in order to intimidate such person or any other person or any class of persons from— (A) participating, without discrimination on account of race, color, religion or national origin, in any of the benefits or activities described in subparagraphs (1)(A) through (1)(E) or subparagraphs (2)(A) through (2)(F); or (B) affording another person or class of persons opportunity or protection to so participate; or (5) any citizen because that person is or has been, or in order to intimidate such citizen or any other citizen from lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion or national origin, in any of the benefits or activities described in subparagraphs (1)(A) through (1)(E) or subparagraphs (2)(A) through (2)(F), or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to so participate, shall be imprisoned not more than one year; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be imprisoned not more than ten years; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be imprisoned for any term of years or for life or may be sentenced to death. (c) Definition As used in this section, the term participating lawfully in speech or peaceful assembly shall not mean the aiding, abetting, or inciting of other persons to riot or to commit any act of physical violence upon any individual or against any real or personal property in furtherance of a riot. Nothing in subparagraph (2)(F) or (4)(A) of this subsection applies to the proprietor of any establishment which provides lodging to transient guests, or to any employee acting on behalf of such proprietor, with respect to the enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of such establishment if such establishment is located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor as the proprietor’s residence. (d) Law enforcement duties not affected Nothing in this section shall be construed so as to deter any law enforcement officer from lawfully carrying out the duties of his office; and no law enforcement officer shall be considered to be in violation of this section for lawfully carrying out the duties of his office or lawfully enforcing ordinances and laws of the United States, the District of Columbia, any of the several States, or any political subdivision of a State. For purposes of the preceding sentence, the term law enforcement officer means any officer of the United States, the District of Columbia, a State, or political subdivision of a State, who is empowered by law to conduct investigations of, or make arrests because of, offenses against the United States, the District of Columbia, a State, or a political subdivision of a State. 896. Deprivation of relief benefits Whoever directly or indirectly deprives, attempts to deprive, or threatens to deprive any person of any employment, position, work, compensation, or other benefit provided for or made possible in whole or in part by any Act of Congress appropriating funds for work relief or relief purposes, on account of political affiliation, race, color, sex, religion, or national origin, shall be imprisoned not more than one year. 897. Damage to religious property; obstruction of persons in the free exercise of religious beliefs (a) Religious property offense relating to religious character Whoever, in or affecting interstate or foreign commerce— (1) knowingly defaces, damages, or destroys any religious real property, because of the religious character of that property; or (2) knowingly obstructs, by force or threat of force, any person in the enjoyment of that person’s free exercise of religious beliefs; shall be punished as provided in subsection (c). (b) Property offense motivated by racial and other characteristics Whoever knowingly defaces, damages, or destroys any religious real property because of the race, color, or ethnic characteristics of any individual associated with that religious property, shall be punished as provided in subsection (c). (c) Punishment The punishment for a violation of subsection (a) is— (1) if death results from acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, imprisonment for any term of years or for life, or death; (2) if bodily injury results to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this section, and the violation is by means of fire or an explosive, or imprisonment for more that 40 years; (3) if bodily injury to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this section, results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, imprisonment for not more than 20 years; and (4) in any other case, imprisonment for not more than one year. (d) Certification No prosecution of any offense described in this section shall be undertaken by the United States except upon the certification in writing of the Attorney General or his designee that in his judgment a prosecution by the United States is in the public interest and necessary to secure substantial justice. (e) Definition As used in this section, the term religious real property means any church, synagogue, mosque, religious cemetery, or other religious real property, including fixtures or religious objects contained within a place of religious worship. (f) Limitation No person shall be prosecuted, tried, or punished for any noncapital offense under this section unless the indictment is found or the information is instituted not later than 7 years after the date on which the offense was committed. 898. Freedom of access to clinic entrances (a) Prohibited activities Whoever— (1) by force or threat of force or by physical obstruction, knowingly injures, intimidates or interferes with any person because that person is or has been, or in order to intimidate such person or any other person or any class of persons from, obtaining or providing reproductive health services; (2) by force or threat of force or by physical obstruction, knowingly injures, intimidates or interferes with any person lawfully exercising or seeking to exercise the First Amendment right of religious freedom at a place of religious worship; or (3) knowingly damages or destroys the property of a facility, or attempts to do so, because such facility provides reproductive health services, or knowingly damages or destroys the property of a place of religious worship, shall be subject to the penalties provided in subsection (b) and the civil remedies provided in subsection (c), except that a parent or legal guardian of a child shall not be subject to any penalties or civil remedies under this section for such activities insofar as they are directed exclusively at that child. (b) Penalties Whoever violates this section shall— (1) in the case of a first offense, be imprisoned not more than one year; and (2) in the case of a second or subsequent offense after a prior conviction under this section, be imprisoned not more than 3 years; except that for an offense involving exclusively a nonviolent physical obstruction, the fine shall, notwithstanding section 3571, not be more than $10,000 and the length of imprisonment shall be not more than six months, or both, for the first offense; and the fine shall, notwithstanding section 3571, be not more than $25,000 and the length of imprisonment shall be not more than 18 months, or both, for a subsequent offense; and except that if bodily injury results, the length of imprisonment shall be not more than 10 years, and if death results, it shall be for any term of years or for life. (c) Civil remedies (1) Right of action (A) In general Any person aggrieved by reason of the conduct prohibited by subsection (a) may commence a civil action for the relief set forth in subparagraph (B), except that such an action may be brought under subsection (a)(1) only by a person involved in providing or seeking to provide, or obtaining or seeking to obtain, services in a facility that provides reproductive health services, and such an action may be brought under subsection (a)(2) only by a person lawfully exercising or seeking to exercise the First Amendment right of religious freedom at a place of religious worship or by the entity that owns or operates such place of religious worship. (B) Relief In any action under subparagraph (A), the court may award appropriate relief, including temporary, preliminary or permanent injunctive relief and compensatory and punitive damages, as well as the costs of suit and reasonable fees for attorneys and expert witnesses. With respect to compensatory damages, the plaintiff may elect, at any time prior to the rendering of final judgment, to recover, in lieu of actual damages, an award of statutory damages in the amount of $5,000 per violation. (2) Action by attorney general of the United States (A) In general If the Attorney General of the United States has reasonable cause to believe that any person or group of persons is being, has been, or may be injured by conduct constituting a violation of this section, the Attorney General may commence a civil action in any appropriate United States District Court. (B) Relief In any action under subparagraph (A), the court may award appropriate relief, including temporary, preliminary or permanent injunctive relief, and compensatory damages to persons aggrieved as described in paragraph (1)(B). The court, to vindicate the public interest, may also assess a civil penalty against each respondent— (i) in an amount not exceeding $10,000 for a nonviolent physical obstruction and $15,000 for other first violations; and (ii) in an amount not exceeding $15,000 for a nonviolent physical obstruction and $25,000 for any other subsequent violation. (3) Actions by state attorneys general (A) In general If the Attorney General of a State has reasonable cause to believe that any person or group of persons is being, has been, or may be injured by conduct constituting a violation of this section, such Attorney General may commence a civil action in the name of such State, as parens patriae on behalf of natural persons residing in such State, in any appropriate United States District Court. (B) Relief In any action under subparagraph (A), the court may award appropriate relief, including temporary, preliminary or permanent injunctive relief, compensatory damages, and civil penalties as described in paragraph (2)(B). (d) Rules of construction Nothing in this section shall be construed— (1) to prohibit any expressive conduct (including peaceful picketing or other peaceful demonstration) protected from legal prohibition by the First Amendment to the Constitution; or (2) to create new remedies for interference with activities protected by the free speech or free exercise clauses of the First Amendment to the Constitution, occurring outside a facility, regardless of the point of view expressed, or to limit any existing legal remedies for such interference. (e) Definitions As used in this section— (1) the term facility includes a hospital, clinic, physician’s office, or other facility that provides reproductive health services, and includes the building or structure in which the facility is located; (2) the term interfere with means to restrict a person’s freedom of movement; (3) the term intimidate means to place a person in reasonable apprehension of bodily harm to him-or herself or to another; (4) the term physical obstruction means rendering impassable ingress to or egress from a facility that provides reproductive health services or to or from a place of religious worship, or rendering passage to or from such a facility or place of religious worship unreasonably difficult or hazardous; and (5) the term reproductive health services means reproductive health services provided in a hospital, clinic, physician’s office, or other facility, and includes medical, surgical, counseling or referral services relating to the human reproductive system, including services relating to pregnancy or the termination of a pregnancy. 899. Voting Rights Act violations (a) Deprivation of rights Whoever deprives any person of any right secured by section 2, 3, 4, 5, 7, or 10 of the Voting Rights Act of 1965 or violates section 11(a) of such Act, shall be imprisoned not more than five years. (b) Ballots and records of voting Whoever, within a year following an election in a political subdivision in which an examiner has been appointed under the Voting Rights Act of 1965 — (1) destroys, defaces, mutilates, or otherwise alters the marking of a paper ballot which has been cast in such election; or (2) alters any official record of voting in such election tabulated from a voting machine or otherwise; shall be imprisoned not more than five years. (c) Interference with rights Whoever interferes with any right secured by section 2, 3, 4, 5, 7, 10, or 11(a) of the Voting Rights Act of 1965 shall be imprisoned not more than five years. 900. Prevention of intimidation in fair housing cases Whoever by force or threat of force willfully injures, intimidates or interferes with— (1) any person because of that person’s race, color, religion, sex, handicap (as such term is defined in section 802 of the Fair Housing Act ), familial status (as such term is defined in section 802 of that Act), or national origin and because that person is or has been selling, purchasing, renting, financing, occupying, or contracting or negotiating for the sale, purchase, rental, financing or occupation of any dwelling, or applying for or participating in any service, organization, or facility relating to the business of selling or renting dwellings; or (2) any person because that person is or has been, or in order to intimidate such person or any other person or any class of persons from— (A) participating, without discrimination on account of race, color, religion, sex, handicap (as such term is defined in section 802 of the Fair Housing Act ), familial status (as such term is defined in section 802 of that Act), or national origin, in any of the activities, services, organizations or facilities described in paragraph (1); (B) affording another person or class of persons opportunity or protection so to participate; or (C) any citizen because that citizen is or has been, or in order to discourage such citizen or any other citizen from lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion, sex, handicap (as such term is defined in section 802 of the Fair Housing Act ), familial status (as such term is defined in section 802 of that Act), or national origin, in any of the activities, services, organizations or facilities described in paragraph (1), or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to so participate; shall be imprisoned not more than one year; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be imprisoned not more than ten years; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be imprisoned for any term of years or for life. 901. Hate crime acts (a) In general (1) Offenses involving actual or perceived race, color, religion, or national origin Whoever, whether or not acting under color of law, knowingly causes bodily injury to any person or, through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived race, color, religion, or national origin of any person— (A) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and (B) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if— (i) death results from the offense; or (ii) the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. (2) Offenses involving actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability (A) In general Whoever, whether or not acting under color of law, in any circumstance described in subparagraph (B) or paragraph (3), knowingly causes bodily injury to any person or, through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability of any person— (i) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and (ii) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if— (I) death results from the offense; or (II) the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. (B) Circumstances described For purposes of subparagraph (A), the circumstances described in this subparagraph are that— (i) the conduct described in subparagraph (A) occurs during the course of, or as the result of, the travel of the defendant or the victim— (I) across a State line or national border; or (II) using a channel, facility, or instrumentality of interstate or foreign commerce; (ii) the defendant uses a channel, facility, or instrumentality of interstate or foreign commerce in connection with the conduct described in subparagraph (A); (iii) in connection with the conduct described in subparagraph (A), the defendant employs a firearm, dangerous weapon, explosive or incendiary device, or other weapon that has traveled in interstate or foreign commerce; or (iv) the conduct described in subparagraph (A)— (I) interferes with commercial or other economic activity in which the victim is engaged at the time of the conduct; or (II) otherwise affects interstate or foreign commerce. (3) Offenses occurring in the special maritime or territorial jurisdiction of the United States Whoever, within the special maritime or territorial jurisdiction of the United States, engages in conduct described in paragraph (1) or in paragraph (2)(A) (without regard to whether that conduct occurred in a circumstance described in paragraph (2)(B)) shall be subject to the same penalties as prescribed in those paragraphs. (4) Guidelines All prosecutions conducted by the United States under this section shall be undertaken pursuant to guidelines issued by the Attorney General, or the designee of the Attorney General, to be included in the United States Attorneys' Manual that shall establish neutral and objective criteria for determining whether a crime was committed because of the actual or perceived status of any person. (b) Certification requirement (1) In general No prosecution of any offense described in this subsection may be undertaken by the United States, except under the certification in writing of the Attorney General, or a designee, that— (A) the State does not have jurisdiction; (B) the State has requested that the Federal Government assume jurisdiction; (C) the verdict or sentence obtained pursuant to State charges left demonstratively unvindicated the Federal interest in eradicating bias-motivated violence; or (D) a prosecution by the United States is in the public interest and necessary to secure substantial justice. (2) Rule of construction Nothing in this subsection shall be construed to limit the authority of Federal officers, or a Federal grand jury, to investigate possible violations of this section. (c) Definitions In this section— (1) the term bodily injury does not include solely emotional or psychological harm to the victim; (2) the term explosive or incendiary device has the meaning given such term in section 296(c); (3) the term firearm has the meaning given such term in section 581; (4) the term gender identity means actual or perceived gender-related characteristics; and F FOREIGN RELATIONS 921. Agents of foreign governments. 922. Diplomatic codes and correspondence. 923. False statements influencing foreign Government. 924. Conspiracy to kill, kidnap, maim, or injure persons or damage property in a foreign country. 925. Enlistment in foreign Service. 926. Expedition against friendly nation. 927. Detention of armed vessel. 928. Protection of property occupied by foreign governments. 921. Agents of foreign governments (a) Offense Whoever, other than a diplomatic or consular officer or attache, acts in the United States as an agent of a foreign government without prior notification to the Attorney General if required in subsection (b), shall be imprisoned not more than ten years. (b) Rules and regulations The Attorney General shall promulgate rules and regulations establishing requirements for notification. (c) Transmission The Attorney General shall, upon receipt, promptly transmit one copy of each notification statement filed under this section to the Secretary of State for such comment and use as the Secretary of State may determine to be appropriate from the point of view of the foreign relations of the United States. Failure of the Attorney General to do so is not a bar to prosecution under this section. (d) Definition As used in this section, the term agent of a foreign government means an individual who agrees to operate within the United States subject to the direction or control of a foreign government or official, except that such term does not include— (1) a duly accredited diplomatic or consular officer of a foreign government, who is so recognized by the Department of State; (2) any officially and publicly acknowledged and sponsored official or representative of a foreign government; (3) any officially and publicly acknowledged and sponsored member of the staff of, or employee of, an officer, official, or representative described in paragraph (1) or (2), who is not a United States citizen; or (4) any person engaged in a legal commercial transaction. (e) Additional basis for determining agency Notwithstanding subsection (d)(4), any person engaged in a legal commercial transaction shall be considered to be an agent of a foreign government for purposes of this section if— (1) such person agrees to operate within the United States subject to the direction or control of a foreign government or official; and (2) such person— (A) is an agent of Cuba or any other country that the President determines (and so reports to the Congress) poses a threat to the national security interest of the United States for purposes of this section, unless the Attorney General, after consultation with the Secretary of State, determines and so reports to the Congress that the national security or foreign policy interests of the United States require that this section does not apply in specific circumstances to agents of such country; or (B) has been convicted of, or has entered a plea of nolo contendere with respect to, any offense under section 301, 302, 303, 601, or 261 of this title or under section 11 of the Export Administration Act of 1979 , except that this subsection does not apply to a person described in this subparagraph for a period of more than five years beginning on the date of the conviction or the date of entry of the plea of nolo contendere, as the case may be. 922. Diplomatic codes and correspondence Whoever, by virtue of his employment by the United States, obtains from another or has or has had custody of or access to, any official diplomatic code or any matter prepared in any such code, or which purports to have been prepared in any such code, and without authorization or competent authority, knowingly publishes or furnishes to another any such code or matter, or any matter which was obtained while in the process of transmission between any foreign government and its diplomatic mission in the United States, shall be or imprisoned not more than ten years. 923. False statements influencing foreign government Whoever, in relation to any dispute or controversy between a foreign government and the United States, knowingly makes any untrue statement, either orally or in writing, under oath before any person authorized and empowered to administer oaths, which the affiant has knowledge or reason to believe will, or may be used to influence the measures or conduct of any foreign government, or of any officer or agent of any foreign government, to the injury of the United States, or with a view or intent to influence any measure of or action by the United States or any department or agency thereof, to the injury of the United States, shall be imprisoned not more than ten years. 924. Conspiracy to kill, kidnap, maim, or injure persons or damage property in a foreign country (a) Offense against persons (1) Elements Whoever, within the jurisdiction of the United States, conspires with one or more other persons, regardless of where such other person or persons are located, to commit at any place outside the United States an act that would constitute the offense of murder, kidnapping, or maiming if committed in the special maritime and territorial jurisdiction of the United States shall, if any of the conspirators commits an act within the jurisdiction of the United States to effect any object of the conspiracy, be punished as provided in paragraph (2). (2) Punishment The punishment for an offense under paragraph (1) is— (A) imprisonment for any term of years or for life if the offense is conspiracy to murder or kidnap; and (B) imprisonment for not more than 35 years if the offense is conspiracy to maim. (b) Offense against property Whoever, within the jurisdiction of the United States, conspires with one or more persons, regardless of where such other person or persons are located, to damage or destroy specific property situated within a foreign country and belonging to a foreign government or to any political subdivision thereof with which the United States is at peace, or any railroad, canal, bridge, airport, airfield, or other public utility, public conveyance, or public structure, or any religious, educational, or cultural property so situated, shall, if any of the conspirators commits an act within the jurisdiction of the United States to effect any object of the conspiracy, be imprisoned not more than 25 years. 925. Enlistment in foreign service (a) Offense Whoever, within the United States, enlists or enters himself, or hires or retains another to enlist or enter himself, or to go beyond the jurisdiction of the United States with intent to be enlisted or entered in the service of any foreign prince, state, colony, district, or people as a soldier or as a marine or seaman on board any vessel of war, letter of marque, or privateer, shall be imprisoned not more than three years. (b) Exclusions (1) This section does not apply to citizens or subjects of any country engaged in war with a country with which the United States is at war, unless such citizen or subject of such foreign country shall hire or solicit a citizen of the United States to enlist or go beyond the jurisdiction of the United States with intent to enlist or enter the service of a foreign country. Enlistments under this subsection shall be under regulations prescribed by the Secretary of the Army. (2) This section and section 926 do not apply to any subject or citizen of any foreign prince, state, colony, district, or people who is transiently within the United States and enlists or enters himself on board any vessel of war, letter of marque, or privateer, which at the time of its arrival within the United States was fitted and equipped as such, or hires or retains another subject or citizen of the same foreign prince, state, colony, district, or people who is transiently within the United States to enlist or enter himself to serve such foreign prince, state, colony, district, or people on board such vessel of war, letter of marque, or privateer, if the United States shall then be at peace with such foreign prince, state, colony, district, or people. 926. Expedition against friendly nation Whoever, within the United States, knowingly begins or sets on foot or provides or prepares a means for or furnishes the money for, or takes part in, any military or naval expedition or enterprise to be carried on from thence against the territory or dominion of any foreign prince or state, or of any colony, district, or people with whom the United States is at peace, shall be imprisoned not more than three years. 927. Detention of armed vessel (a) Authority of President During a war in which the United States is a neutral nation, the President, or any person authorized by him, may detain any armed vessel owned wholly or in part by citizens of the United States, or any vessel, domestic or foreign (other than one which has entered the ports of the United States as a public vessel), which is manifestly built for warlike purposes or has been converted or adapted from a private vessel to one suitable for warlike use, until the owner or master, or person having charge of such vessel, shall furnish proof satisfactory to the President, or to the person duly authorized by him, that the vessel will not be employed to cruise against or commit or attempt to commit hostilities upon the subjects, citizens, or property of any foreign prince or state, or of any colony, district, or people with which the United States is at peace, and that the said vessel will not be sold or delivered to any belligerent nation, or to an agent, officer, or citizen of such nation, by them or any of them, within the jurisdiction of the United States, or upon the high seas. (b) Offense Whoever, in violation of this section takes, or attempts to take, or authorizes the taking of any such vessel, out of port or from the United States, shall be imprisoned not more than ten years. 928. Protection of property occupied by foreign governments (a) Property offense Whoever knowingly injures, damages, or destroys, or attempts to injure, damage, or destroy, any property, real or personal, located within the United States and belonging to or utilized or occupied by any foreign government or international organization, by a foreign official or official guest, shall be imprisoned not more than five years. (b) Threat and harassment offense Whoever, knowingly with intent to intimidate, coerce, threaten, or harass— (1) forcibly thrusts any part of himself or any object within or upon that portion of any building or premises located within the United States, which portion is used or occupied for official business or for diplomatic, consular, or residential purposes by— (A) a foreign government, including such use as a mission to an international organization; (B) an international organization; (C) a foreign official; or (D) an official guest; or (2) refuses to depart from such portion of such building or premises after a request— (A) by an employee of a foreign government or of an international organization, if such employee is authorized to make such request by the senior official of the unit of such government or organization which occupies such portion of such building or premises; (B) by a foreign official or any member of the foreign official’s staff who is authorized by the foreign official to make such request; (C) by an official guest or any member of the official guest’s staff who is authorized by the official guest to make such request; or (D) by any person present having law enforcement powers; shall be imprisoned not more than six months. (c) Definitions For purposes of this section, the terms foreign government , foreign official , international organization , and official guest have the same meanings as those provided in section 136. G POSTAL SERVICE 941. Obstruction of mails generally. 942. Obstruction of correspondence. 943. Delay or destruction of mail or newspapers. 944. Keys or locks stolen or reproduced. 945. Destruction of letter boxes or mail. 946. Theft of property used by Postal Service. 947. Theft or receipt of stolen mail matter generally. 948. Theft of mail matter by officer or employee. 949. Misappropriation of postal funds. 950. Injurious articles as nonmailable. 951. Tobacco products as nonmailable. 952. Franking privilege. 941. Obstruction of mails generally Whoever knowingly obstructs the passage of the mail, or any carrier or conveyance carrying the mail, shall be imprisoned not more than six months. 942. Obstruction of correspondence Whoever takes any letter, postal card, or package out of any post office or any authorized depository for mail matter, or from any letter or mail carrier, or which has been in any post office or authorized depository, or in the custody of any letter or mail carrier, before it has been delivered to the person to whom it was directed, with intent to obstruct the correspondence, or to pry into the business or secrets of another, or opens, secretes, embezzles, or destroys the same, shall be imprisoned not more than five years. 943. Delay or destruction of mail or newspapers (a) Mail matter Whoever, being a Postal Service officer or employee, unlawfully secretes, destroys, detains, delays, or opens any letter, postal card, package, bag, or mail entrusted to that officer or employee or which shall come into his or her possession, and which was intended to be conveyed by mail, or carried or delivered by any carrier or other employee of the Postal Service, or forwarded through or delivered from any post office or station thereof established by authority of the Postmaster General or the Postal Service, shall be imprisoned not more than five years. (b) Newspaper Whoever, being a Postal Service officer or employee, improperly detains, delays, or destroys any newspaper, or permits any other person to detain, delay, or destroy the same, or opens, or permits any other person to open, any mail or package of newspapers not directed to the office where he is employed. (c) By any person Whoever, without authority, opens or destroys any mail or package of newspapers not directed to him, shall be imprisoned not more than one year. 944. Keys or locks stolen or reproduced Whoever— (1) steals, purloins, embezzles, or obtains by false pretense any key suited to any lock adopted by the Post Office Department or the Postal Service and in use on any of the mails or bags thereof, or any key to any lock box, lock drawer, or other authorized receptacle for the deposit or delivery of mail matter; (2) knowingly and unlawfully makes, forges, or counterfeits any such key, or possesses any such mail lock or key with the intent unlawfully or improperly to use, sell, or otherwise dispose of the same, or to cause the same to be unlawfully or improperly used, sold, or otherwise disposed of; or (3) being engaged as a contractor or otherwise in the manufacture of any such mail lock or key, delivers any finished or unfinished lock or the interior part thereof, or key, used or designed for use by the department, to any person not duly authorized under the hand of the Postmaster General and the seal of the Post Office Department or the Postal Service, to receive the same, unless the person receiving it is the contractor for furnishing the same or engaged in the manufacture thereof in the manner authorized by the contract, or the agent of such manufacturer; shall be imprisoned not more than ten years. 945. Destruction of letter boxes or mail Whoever knowingly injures, tears down, or destroys any letter box or other receptacle intended or used for the receipt or delivery of mail on any mail route, or breaks open the same or knowingly injures, defaces, or destroys any mail deposited therein, shall be imprisoned not more than three years. 946. Theft of property used by Postal Service Whoever steals, purloins, or embezzles any property used by the Postal Service, or appropriates any such property to any other than its proper use, or conveys away any such property to the hindrance or detriment of the public service, shall be imprisoned not more than three years, but if the value of such property does not exceed $1,000, the offender shall be imprisoned not more than one year. 947. Theft or receipt of stolen mail matter generally Whoever— (1) steals, takes, or abstracts, or by fraud or deception obtains, or attempts so to obtain, from or out of any mail, post office, or station thereof, letter box, mail receptacle, or any mail route or other authorized depository for mail matter, or from a letter or mail carrier, any letter, postal card, package, bag, or mail, or abstracts or removes from any such letter, package, bag, or mail, any article or thing contained therein, or secretes, embezzles, or destroys any such letter, postal card, package, bag, or mail, or any article or thing contained therein; (2) steals, takes, or abstracts, or by fraud or deception obtains any letter, postal card, package, bag, or mail, or any article or thing contained therein which has been left for collection upon or adjacent to a collection box or other authorized depository of mail matter; or (3) buys, receives, or conceals, or unlawfully has in his possession, any letter, postal card, package, bag, or mail, or any article or thing contained therein, which has been so stolen, taken, embezzled, or abstracted, as herein described, knowing the same to have been stolen, taken, embezzled, or abstracted; shall be imprisoned not more than five years. 948. Theft of mail matter by officer or employee Whoever, being a Postal Service officer or employee, embezzles any letter, postal card, package, bag, or mail, or any article or thing contained therein entrusted to him or which comes into his possession intended to be conveyed by mail, or carried or delivered by any carrier, messenger, agent, or other person employed in any department of the Postal Service, or forwarded through or delivered from any post office or station thereof established by authority of the Postmaster General or of the Postal Service; or steals, abstracts, or removes from any such letter, package, bag, or mail, any article or thing contained therein, shall be imprisoned not more than five years. 949. Misappropriation of postal funds (a) Offense Whoever, being a Postal Service officer or employee, loans, uses, pledges, hypothecates, or converts to his own use, or deposits in any bank, or exchanges for other funds or property, except as authorized by law, any money or property coming into his hands or under his control in any manner, in the execution or under color of his office, employment, or service, whether or not the same shall be the money or property of the United States; or fails or refuses to remit to or deposit in the Treasury of the United States or in a designated depository, or to account for or turn over to the proper officer or agent, any such money or property, when required to do so by law or the regulations of the Postal Service, or upon demand or order of the Postal Service, either directly or through a duly authorized officer or agent, is guilty of embezzlement; and every such person, as well as every other person advising or knowingly participating therein, shall be imprisoned not more than ten years; but if the amount or value thereof does not exceed $1,000, he shall be imprisoned not more than one year. (b) Exclusion This section does not prohibit any Postal Service officer or employee from depositing, under the direction of the Postal Service, in a national bank designated by the Secretary of the Treasury for that purpose, to his own credit as Postal Service officer or employee any funds in his charge, nor prevent his negotiating drafts or other evidences of debt through such bank, or through United States disbursing officers, or otherwise, when instructed or required so to do by the Postal Service, for the purpose of remitting surplus funds from one post office to another. 950. Injurious articles as nonmailable (a) In general All kinds of poison, and all articles and compositions containing poison, and all poisonous animals, insects, reptiles, and all explosives, inflammable materials, infernal machines, and mechanical, chemical, or other devices or compositions which may ignite or explode, including firearms, and all disease germs or scabs, and all other natural or artificial articles, compositions, or material which may kill or injure another, or injure the mails or other property, whether or not sealed as first-class matter, are nonmailable matter and shall not be conveyed in the mails or delivered from any post office or station thereof, nor by any officer or employee of the Postal Service. (b) Exceptions The Postal Service may permit the transmission in the mails, under such rules and regulations as it shall prescribe as to preparation and packing, of any such articles which are not outwardly or of their own force dangerous or injurious to life, health, or property. (c) Scorpions The Postal Service is authorized and directed to permit the transmission in the mails, under regulations to be prescribed by it, of live scorpions which are to be used for purposes of medical research or for the manufacture of antivenom. Such regulations shall include such provisions with respect to the packaging of such live scorpions for transmission in the mails as the Postal Service deems necessary or desirable for the protection of Postal Service personnel and of the public generally and for ease of handling by such personnel and by any individual connected with such research or manufacture. Nothing in this paragraph shall be construed to authorize the transmission in the mails of live scorpions by means of aircraft engaged in the carriage of passengers for compensation or hire. (d) Poisonous drugs and medicines The transmission in the mails of poisonous drugs and medicines may be limited by the Postal Service to shipments of such articles from the manufacturer thereof or dealer therein to licensed physicians, surgeons, dentists, pharmacists, druggists, cosmetologists, barbers, and veterinarians under such rules and regulations as it shall prescribe. (e) Poisons for scientific use The transmission in the mails of poisons for scientific use, and which are not outwardly dangerous or of their own force dangerous or injurious to life, health, or property, may be limited by the Postal Service to shipments of such articles between the manufacturers thereof, dealers therein, bona fide research or experimental scientific laboratories, and such other persons who are employees of the Federal, a State, or local government, whose official duties are comprised, in whole or in part, of the use of such poisons, and who are designated by the head of the agency in which they are employed to receive or send such articles, under such rules and regulations as the Postal Service shall prescribe. (f) Intoxicating liquors All spirituous, vinous, malted, fermented, or other intoxicating liquors of any kind are nonmailable and shall not be deposited in or carried through the mails. (g) Knives All knives having a blade which opens automatically (1) by hand pressure applied to a button or other device in the handle of the knife, or (2) by operation of inertia, gravity, or both, are nonmailable and shall not be deposited in or carried by the mails or delivered by any officer or employee of the Postal Service. Such knives may be conveyed in the mails, under such regulations as the Postal Service shall prescribe— (1) to civilian or Armed Forces supply or procurement officers and employees of the Federal Government ordering, procuring, or purchasing such knives in connection with the activities of the Federal Government; (2) to supply or procurement officers of the National Guard, the Air National Guard, or militia of a State ordering, procuring, or purchasing such knives in connection with the activities of such organizations; (3) to supply or procurement officers or employees of any State, or any political subdivision of a State, ordering, procuring, or purchasing such knives in connection with the activities of such government; and (4) to manufacturers of such knives or bona fide dealers therein in connection with any shipment made pursuant to an order from any person designated in paragraphs (1), (2), and (3). The Postal Service may require, as a condition of conveying any such knife in the mails, that any person proposing to mail such knife explain in writing to the satisfaction of the Postal Service that the mailing of such knife will not be in violation of this section. (h) Advertising, promotional, or sales matter Any advertising, promotional, or sales matter which solicits or induces the mailing of anything declared nonmailable by this section is likewise nonmailable unless such matter contains wrapping or packaging instructions which are in accord with regulations promulgated by the Postal Service. (i) Ballistic knives (1) Generally Any ballistic knife shall be subject to the same restrictions and penalties provided under subsection (g) for knives described in the first sentence of that subsection. (2) Definition As used in this subsection, the term ballistic knife means a knife with a detachable blade that is propelled by a spring-operated mechanism. (j) Offenses (1) Compliance with rules and regulations Whoever knowingly deposits for mailing or delivery, or knowingly causes to be delivered by mail, according to the direction thereon, or at any place at which it is directed to be delivered by the person to whom it is addressed, anything declared nonmailable by this section, unless in accordance with the rules and regulations authorized to be prescribed by the Postal Service, shall be imprisoned not more than one year. (2) With intent to kill or injure another or to injure the mails or property Whoever knowingly deposits for mailing or delivery, or knowingly causes to be delivered by mail, according to the direction thereon or at any place to which it is directed to be delivered by the person to whom it is addressed, anything declared nonmailable by this section, whether or not transmitted in accordance with the rules and regulations authorized to be prescribed by the Postal Service, with intent to kill or injure another, or injure the mails or other property, shall be imprisoned not more than twenty years. (3) Death penalty Whoever is convicted of any crime prohibited by this section, which has resulted in the death of any person, shall be subject also to the death penalty or to imprisonment for life. 951. Tobacco products as nonmailable (a) Prohibition (1) In general All cigarettes and smokeless tobacco (as those terms are defined in section 1 of the Act of October 19, 1949, commonly referred to as the Jenkins Act) are nonmailable and shall not be deposited in or carried through the mails. The United States Postal Service shall not accept for delivery or transmit through the mails any package that it knows or has reasonable cause to believe contains any cigarettes or smokeless tobacco made nonmailable by this paragraph. (2) Reasonable cause For the purposes of this subsection reasonable cause includes— (A) a statement on a publicly available website, or an advertisement, by any person that the person will mail matter which is nonmailable under this section in return for payment; or (B) the fact that the person is on the list created under section 2A(e) of the Jenkins Act. (b) Exceptions (1) Cigars Subsection (a) does not apply to cigars (as defined in section 5702(a) of the Internal Revenue Code of 1986). (2) Geographic exception Subsection (a) does not apply to mailings within the State of Alaska or within the State of Hawaii. (3) Business purposes (A) In general Subsection (a) does not apply to tobacco products mailed only— (i) for business purposes between legally operating businesses that have all applicable State and Federal Government licenses or permits and are engaged in tobacco product manufacturing, distribution, wholesale, export, import, testing, investigation, or research; or (ii) for regulatory purposes between any business described in clause (i) and an agency of the Federal Government or a State government. (B) Rules (i) In general The Postmaster General shall by rule establish the standards and requirements that apply to all mailings described in subparagraph (A). (ii) Contents The rules issued under clause (i) shall require— (I) the United States Postal Service to verify that any person submitting an otherwise nonmailable tobacco product into the mails as authorized under this paragraph is a business or government agency permitted to make a mailing under this paragraph; (II) the United States Postal Service to ensure that any recipient of an otherwise nonmailable tobacco product sent through the mails under this paragraph is a business or government agency that may lawfully receive the product; (III) that any mailing described in subparagraph (A) shall be sent through the systems of the United States Postal Service that provide for the tracking and confirmation of the delivery; (IV) that the identity of the business or government entity submitting the mailing containing otherwise nonmailable tobacco products for delivery and the identity of the business or government entity receiving the mailing are clearly set forth on the package; (V) the United States Postal Service to maintain identifying information described in subclause (IV) during the 3-year period beginning on the date of the mailing and make the information available to the Postal Service, the Attorney General of the United States, and to persons eligible to bring enforcement actions under section 4(d) of the Jenkins Act; (VI) that any mailing described in subparagraph (A) be marked with a United States Postal Service label or marking that makes it clear to employees of the United States Postal Service that it is a permitted mailing of otherwise nonmailable tobacco products that may be delivered only to a permitted government agency or business and may not be delivered to any residence or individual person; and (VII) that any mailing described in subparagraph (A) be delivered only to a verified employee of the recipient business or government agency, who is not a minor and who shall be required to sign for the mailing. (C) Definition In this paragraph, the term minor means an individual who is less than the minimum age required for the legal sale or purchase of tobacco products as determined by applicable law at the place the individual is located. (4) Certain individuals (A) In general Subsection (a) does not apply to tobacco products mailed by individuals who are not minors for noncommercial purposes, including the return of a damaged or unacceptable tobacco product to the manufacturer. (B) Rules (i) In general The Postmaster General shall by rule establish the standards and requirements that apply to all mailings described in subparagraph (A). (ii) Contents The rules issued under clause (i) shall require— (I) the United States Postal Service to verify that any person submitting an otherwise nonmailable tobacco product into the mails as authorized under this paragraph is the individual identified on the return address label of the package and is not a minor; (II) for a mailing to an individual, the United States Postal Service to require the person submitting the otherwise nonmailable tobacco product into the mails as authorized by this paragraph to affirm that the recipient is not a minor; (III) that any package mailed under this paragraph shall weigh not more than 10 ounces; (IV) that any mailing described in subparagraph (A) shall be sent through the systems of the United States Postal Service that provide for the tracking and confirmation of the delivery; (V) that a mailing described in subparagraph (A) shall not be delivered or placed in the possession of any individual who has not been verified as not being a minor; (VI) for a mailing described in subparagraph (A) to an individual, that the United States Postal Service shall deliver the package only to a recipient who is verified not to be a minor at the recipient address or transfer it for delivery to an Air/Army Postal Office or Fleet Postal Office number designated in the recipient address; and (VII) that no person may initiate more than 10 mailings described in subparagraph (A) during any 30-day period. (C) Definition In this paragraph, the term minor means an individual who is less than the minimum age required for the legal sale or purchase of tobacco products as determined by applicable law at the place the individual is located. (5) Exception for mailings for consumer testing by manufacturers (A) In general Subject to subparagraph (B), subsection (a) does not preclude a legally operating cigarette manufacturer or a legally authorized agent of a legally operating cigarette manufacturer from using the United States Postal Service to mail cigarettes to verified adult smoker solely for consumer testing purposes, if— (i) the cigarette manufacturer has a permit, in good standing, issued under section 5713 of the Internal Revenue Code of 1986; (ii) the package of cigarettes mailed under this paragraph contains not more than 12 packs of cigarettes (240 cigarettes); (iii) the recipient does not receive more than 1 package of cigarettes from any 1 cigarette manufacturer under this paragraph during any 30-day period; (iv) all taxes on the cigarettes mailed under this paragraph levied by the State and locality of delivery are paid to the State and locality before delivery, and tax stamps or other tax-payment indicia are affixed to the cigarettes as required by law; and (v) (I) the recipient has not made any payments of any kind in exchange for receiving the cigarettes; (II) the recipient is paid a fee by the manufacturer or agent of the manufacturer for participation in consumer product tests; and (III) the recipient, in connection with the tests, evaluates the cigarettes and provides feedback to the manufacturer or agent. (B) Limitation Subparagraph (A) does not permit a manufacturer, directly or through a legally authorized agent, to mail cigarettes in any calendar year in a total amount greater than 1 percent of the total cigarette sales of the manufacturer in the United States during the calendar year before the date of the mailing. (C) Rules (i) In general The Postmaster General shall by rule establish the standards and requirements that apply to all mailings described in subparagraph (A). (ii) Contents The rules issued under clause (i) shall require— (I) the United States Postal Service to verify that any person submitting a tobacco product into the mails under this paragraph is a legally operating cigarette manufacturer permitted to make a mailing under this paragraph, or an agent legally authorized by the legally operating cigarette manufacturer to submit the tobacco product into the mails on behalf of the manufacturer; (II) the legally operating cigarette manufacturer submitting the cigarettes into the mails under this paragraph to affirm that— (aa) the manufacturer or the legally authorized agent of the manufacturer has verified that the recipient is an adult established smoker; (bb) the recipient has not made any payment for the cigarettes; (cc) the recipient has signed a written statement that is in effect indicating that the recipient wishes to receive the mailings; and (dd) the manufacturer or the legally authorized agent of the manufacturer has offered the opportunity for the recipient to withdraw the written statement described in item (cc) not less frequently than once in every 3-month period; (III) the legally operating cigarette manufacturer or the legally authorized agent of the manufacturer submitting the cigarettes into the mails under this paragraph to affirm that any package mailed under this paragraph contains not more than 12 packs of cigarettes (240 cigarettes) on which all taxes levied on the cigarettes by the State and locality of delivery have been paid and all related State tax stamps or other tax-payment indicia have been applied; (IV) that any mailing described in subparagraph (A) shall be sent through the systems of the United States Postal Service that provide for the tracking and confirmation of the delivery; (V) the United States Postal Service to maintain records relating to a mailing described in subparagraph (A) during the 3-year period beginning on the date of the mailing and make the information available to persons enforcing this section; (VI) that any mailing described in subparagraph (A) be marked with a United States Postal Service label or marking that makes it clear to employees of the United States Postal Service that it is a permitted mailing of otherwise nonmailable tobacco products that may be delivered only to the named recipient after verifying that the recipient is an adult; and (VII) the United States Postal Service shall deliver a mailing described in subparagraph (A) only to the named recipient and only after verifying that the recipient is an adult. (D) Definitions In this paragraph— (i) the term adult means an individual who is not less than 21 years of age; and (ii) the term consumer testing means testing limited to formal data collection and analysis for the specific purpose of evaluating the product for quality assurance and benchmarking purposes of cigarette brands or sub-brands among existing adult smokers. (6) Federal Government agencies An agency of the Federal Government involved in the consumer testing of tobacco products solely for public health purposes may mail cigarettes under the same requirements, restrictions, and rules and procedures that apply to consumer testing mailings of cigarettes by manufacturers under paragraph (5), except that the agency shall not be required to pay the recipients for participating in the consumer testing. (c) Additional penalties In addition to any other fines and penalties under this title for violations of this section, any person violating this section shall be subject to an additional civil penalty in the amount equal to 10 times the retail value of the nonmailable cigarettes or smokeless tobacco, including all Federal, State, and local taxes. (d) Criminal penalty Whoever knowingly deposits for mailing or delivery, or knowingly causes to be delivered by mail, according to the direction thereon, or at any place at which it is directed to be delivered by the person to whom it is addressed, anything that is nonmailable matter under this section shall be fined under this title, imprisoned not more than 1 year, or both. (e) Actions by State, local, or tribal governments relating to certain tobacco products (1) In general A State, through its attorney general, or a local government or Indian tribe that levies an excise tax on tobacco products, through its chief law enforcement officer, may in a civil action in a United States district court obtain appropriate relief with respect to a violation of this section. Appropriate relief includes injunctive and equitable relief and damages equal to the amount of unpaid taxes on tobacco products mailed in violation of this section to addressees in that State, locality, or tribal land. (2) Sovereign immunity Nothing in this subsection abrogates or constitutes a waiver of any sovereign immunity of a State or local government or Indian tribe against any unconsented lawsuit under paragraph (1), or otherwise to restrict, expand, or modify any sovereign immunity of a State or local government or Indian tribe. (3) Attorney general referral A State, through its attorney general, or a local government or Indian tribe that levies an excise tax on tobacco products, through its chief law enforcement officer, may provide evidence of a violation of this section for commercial purposes by any person not subject to State, local, or tribal government enforcement actions for violations of this section to the Attorney General of the United States, who shall take appropriate actions to enforce this section. (4) Nonexclusivity of remedies The remedies available under this subsection are in addition to any other remedies available under Federal, State, local, tribal, or other law. Nothing in this subsection shall be construed to expand, restrict, or otherwise modify any right of an authorized State, local, or tribal government official to proceed in a State, tribal, or other appropriate court, or take other enforcement actions, on the basis of an alleged violation of State, local, tribal, or other law. (5) Other enforcement actions Nothing in this subsection shall be construed to prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any general civil or criminal statute of the State. 952. Franking privilege Whoever makes use of any official envelope, label, or indorsement authorized by law, to avoid the payment of postage or registry fee on his private letter, packet, package, or other matter in the mail, shall be fined under this title. H SPECIAL MARITIME AND TERRITORIAL JURISDICTION OF THE UNITED STATES 961. Laws of States adopted for areas within Federal jurisdiction. 961. Laws of States adopted for areas within Federal jurisdiction (a) Offense Whoever, within the reserved or acquired special maritime or territorial jurisdiction of the United States, or on, above, or below any portion of the territorial sea of the United States not within the jurisdiction of any State, is guilty of any act or omission which, although not made punishable by any enactment of Congress, would be punishable if committed or omitted within the jurisdiction of the State in which such place is situated, by the laws thereof in force at the time of such act or omission, shall be guilty of a like offense and subject to a like punishment. (b) Operating a motor vehicle under the influence of alcohol (1) Limitation on right or privilege to operate a motor vehicle Subject to paragraph (2) and for purposes of subsection (a) of this section, that which may or shall be imposed through judicial or administrative action under the law of a State for a conviction for operating a motor vehicle under the influence of a drug or alcohol, shall be considered to be a punishment provided by that law. Any limitation on the right or privilege to operate a motor vehicle imposed under this subsection shall apply only to the special maritime and territorial jurisdiction of the United States. (2) Additional punishment In addition to any term of imprisonment provided for operating a motor vehicle under the influence of a drug or alcohol imposed under the law of a State, the punishment for such an offense under this section shall include an additional term of imprisonment of not more than 1 year, or if serious bodily injury of a minor is caused, not more than 5 years, or if death of a minor is caused, not more than 10 years, and an additional fine under this title, or both, if— (A) a minor (other than the offender) was present in the motor vehicle when the offense was committed; and (B) the law of the State in which the offense occurred does not provide an additional term of imprisonment under the circumstances described in subparagraph (A). (c) Territorial sea Whenever any waters of the territorial sea of the United States lie outside the territory of any State, such waters (including the airspace above and the seabed and subsoil below, and artificial islands and fixed structures erected thereon) shall be deemed, for purposes of subsection (a), to lie within the area of the State that it would lie within if the boundaries of such State were extended seaward to the outer limit of the territorial sea of the United States. 29 CRIMES RELATED TO PROTECTION OF GOVERNMENT FUNCTIONS AND INTEGRITY Subchapter A. Bribery, graft, and conflicts of interest B. Claims and services in matters affecting government C. Contempts D. Elections and political activities E. Emblems, insignia, and names F. Escape and rescue G. False personation H. Fugitives from justice I. Obstruction of justice J. Prisons K. Public officers and employees L. Records and reports M. Searches and seizures N. Malicious mischief O. Public lands P. Restricted building or grounds A BRIBERY, GRAFT, AND CONFLICTS OF INTEREST 991. Bribery of public officials and witnesses. 992. Definitions for certain sections. 993. Compensation to Members of Congress, officers, and others in matters affecting the Government. 994. Practice in United States Court of Federal Claims or the United States Court of Appeals for the Federal circuit by Members of Congress. 995. Activities of officers and employees in claims against and other matters affecting the Government. 996. Exemption of retired officers of the uniformed services. 997. Restrictions on former officers, employees, and elected officials of the Executive and legislative branches. 998. Acts affecting a personal financial interest. 999. Salary of Government officials and employees payable only by United States. 1000. Offer to procure appointive public office. 1001. Acceptance or solicitation to obtain appointive public office. 1002. Offer or acceptance of loan or gratuity. 1003. Receipt of commissions or gifts for procuring loans. 1004. Penalties and injunctions. 1005. Voiding transactions in violation of subchapter; recovery by the United States. 1006. Officers and employees acting as agents of foreign principals. 1007. Bribery in sporting contests. 1008. Continuing financial crimes enterprise. 991. Bribery of public officials and witnesses (a) Definitions As used in this section— (1) the term public official means Member of Congress, Delegate, or Resident Commissioner, either before or after such official has qualified, or an officer or employee or person acting for or on behalf of the United States, or any department, agency or branch of Government thereof, including the District of Columbia, in any official function, under or by authority of any such department, agency, or branch of Government, or a juror; (2) the term person who has been selected to be a public official means any person who has been nominated or appointed to be a public official, or has been officially informed that such person will be so nominated or appointed; and (3) the term official act means any decision or action on any question, matter, cause, suit, proceeding or controversy, which may at any time be pending, or which may by law be brought before any public official, in such official’s official capacity, or in such official’s place of trust or profit. (b) Bribery Whoever— (1) corruptly gives, offers or promises anything of value to any public official or person who has been selected to be a public official, or offers or promises any public official or any person who has been selected to be a public official to give anything of value to any other person or entity, with intent— (A) to influence any official act; or (B) to influence such public official or person who has been selected to be a public official to commit or aid in committing, or collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States; or (C) to induce such public official or such person who has been selected to be a public official to do or omit to do any act in violation of the lawful duty of such official or person; (2) being a public official or person selected to be a public official, corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally or for any other person or entity, in return for— (A) being influenced in the performance of any official act; (B) being influenced to commit or aid in committing, or to collude in, or allow, any fraud, or make opportunity for the commission of any fraud on the United States; or (C) being induced to do or omit to do any act in violation of the official duty of such official or person; (3) corruptly gives, offers, or promises anything of value to any person, or offers or promises such person to give anything of value to any other person or entity, with intent to influence the testimony under oath or affirmation of such first-mentioned person as a witness upon a trial, hearing, or other proceeding, before any court, any committee of either House or both Houses of Congress, or any agency, commission, or officer authorized by the laws of the United States to hear evidence or take testimony, or with intent to influence such person to absent himself therefrom; or (4) corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally or for any other person or entity in return for being influenced in testimony under oath or affirmation as a witness upon any such trial, hearing, or other proceeding, or in return for absenting himself therefrom; shall be imprisoned for not more than fifteen years and may be disqualified from holding any office of honor, trust, or profit under the United States. (c) Unlawful rewards Whoever— (1) otherwise than as provided by law for the proper discharge of official duty— (A) gives, offers, or promises anything of value to any public official, former public official, or person selected to be a public official, for or because of any official act performed or to be performed by such public official, former public official, or person selected to be a public official; or (B) being a public official, former public official, or person selected to be a public official, otherwise than as provided by law for the proper discharge of official duty, demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally for or because of any official act performed or to be performed by such official or person; (2) gives, offers, or promises anything of value to any person, for or because of the testimony under oath or affirmation given or to be given by such person as a witness upon a trial, hearing, or other proceeding, before any court, any committee of either House or both Houses of Congress, or any agency, commission, or officer authorized by the laws of the United States to hear evidence or take testimony, or for or because of such person’s absence therefrom; (3) demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally for or because of the testimony under oath or affirmation given or to be given by such person as a witness upon any such trial, hearing, or other proceeding, or for or because of such person’s absence therefrom; shall be imprisoned for not more than two years. (d) Exclusion Paragraphs (3) and (4) of subsection (b) and paragraphs (2) and (3) of subsection (c) shall not be construed to prohibit the payment or receipt of witness fees provided by law, or the payment, by the party upon whose behalf a witness is called and receipt by a witness, of the reasonable cost of travel and subsistence incurred and the reasonable value of time lost in attendance at any such trial, hearing, or proceeding, or in the case of expert witnesses, a reasonable fee for time spent in the preparation of such opinion, and in appearing and testifying. 992. Definitions for certain sections (a) Sections 993, 995, 997, 998, and 999 For the purpose of sections 993, 995, 997, 998, and 999 the term special Government employee means— (1) an officer or employee of the executive or legislative branch of the United States Government, of any independent agency of the United States or of the District of Columbia, who is retained, designated, appointed, or employed to perform, with or without compensation, for not to exceed one 130 during any period of 365 consecutive days, temporary duties either on a full-time or intermittent basis, a part-time United States commissioner, a part-time United States magistrate judge, or, regardless of the number of days of appointment, an independent counsel appointed under chapter 40 of title 28 and any person appointed by that independent counsel under section 594(c) of title 28; (2) every person serving as a part-time local representative of a Member of Congress in the Member’s home district or State; and (3) notwithstanding sections 502, 2105(d), and 5534 of title 5, a Reserve officer of the Armed Forces, or an officer of the National Guard of the United States, unless otherwise an officer or employee of the United States, while on active duty solely for training; except that a Reserve officer of the Armed Forces or an officer of the National Guard of the United States who is voluntarily serving a period of extended active duty in excess of 130 days shall be classified as an officer of the United States within the meaning of section 993 and sections 995 through 999 and 1005, and a Reserve officer of the Armed Forces or an officer of the National Guard of the United States who is serving involuntarily shall be classified as a special Government employee. The terms officer or employee and special Government employee as used in sections 993, 995, 997 through 999, and 1005, does not include enlisted members of the Armed Forces. (b) Sections 995 and 997 For the purposes of sections 995 and 997, the term official responsibility means the direct administrative or operating authority, whether intermediate or final, and either exercisable alone or with others, and either personally or through subordinates, to approve, disapprove, or otherwise direct Government action. (c) Exclusion from Officer and Employee Except as otherwise provided in such sections, the terms officer and employee in sections 993, 995, 997 through 999, and 1005 does not include the President, the Vice President, a Member of Congress, or a Federal judge. (d) Member of Congress The term Member of Congress in sections 994 and 997 means— (1) a United States Senator; and (2) a Representative in, or a Delegate or Resident Commissioner to, the House of Representatives. (e) Additional definitions As used in this subchapter— (1) the term executive branch includes each executive agency as defined in title 5, and any other entity or administrative unit in the executive branch; (2) the term judicial branch means the Supreme Court of the United States; the United States courts of appeals; the United States district courts; the Court of International Trade; the United States bankruptcy courts; any court created pursuant to article I of the United States Constitution, including the Court of Appeals for the Armed Forces, the United States Court of Federal Claims, and the United States Tax Court, but not including a court of a territory or possession of the United States; the Federal Judicial Center; and any other agency, office, or entity in the judicial branch; and (3) the term legislative branch means— (A) the Congress; and (B) the Office of the Architect of the Capitol, the United States Botanic Garden, the Government Accountability Office, the Government Printing Office, the Library of Congress, the Office of Technology Assessment, the Congressional Budget Office, the United States Capitol Police, and any other agency, entity, office, or commission established in the legislative branch. 993. Compensation to Members of Congress, officers, and others in matters affecting the Government (a) Federal matters Whoever, otherwise than as provided by law for the proper discharge of official duties— (1) demands, seeks, receives, accepts, or agrees to receive or accept any compensation for any representational services, as agent or attorney or otherwise, rendered or to be rendered either personally or by another— (A) at a time when such person is a Member of Congress, Member of Congress Elect, Delegate, Delegate Elect, Resident Commissioner, or Resident Commissioner Elect; or (B) at a time when such person is an officer or employee or Federal judge of the United States in the executive, legislative, or judicial branch of the Government, or in any agency of the United States, in relation to any proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter in which the United States is a party or has a direct and substantial interest, before any department, agency, court, court-martial, officer, or any civil, military, or naval commission; or (2) knowingly gives, promises, or offers any compensation for any such representational services rendered or to be rendered at a time when the person to whom the compensation is given, promised, or offered, is or was such a Member, Member Elect, Delegate, Delegate Elect, Commissioner, Commissioner Elect, Federal judge, officer, or employee; shall be subject to the penalties set forth in section 1004. (b) District of Columbia Whoever, otherwise than as provided by law for the proper discharge of official duties— (1) demands, seeks, receives, accepts, or agrees to receive or accept any compensation for any representational services, as agent or attorney or otherwise, rendered or to be rendered either personally or by another, at a time when such person is an officer or employee of the District of Columbia, in relation to any proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter in which the District of Columbia is a party or has a direct and substantial interest, before any department, agency, court, officer, or commission; or (2) knowingly gives, promises, or offers any compensation for any such representational services rendered or to be rendered at a time when the person to whom the compensation is given, promised, or offered, is or was an officer or employee of the District of Columbia; shall be subject to the penalties set forth in section 1004. (c) Special Government employees A special Government employee shall be subject to subsections (a) and (b) only in relation to a particular matter involving a specific party or parties— (1) in which such employee has at any time participated personally and substantially as a Government employee or as a special Government employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation or otherwise; or (2) which is pending in the department or agency of the Government in which such employee is serving except that paragraph (2) of this subsection does not apply in the case of a special Government employee who has served in such department or agency no more than sixty days during the immediately preceding period of three hundred and sixty-five consecutive days. (d) Exclusion Nothing in this section prevents an officer or employee, including a special Government employee, from acting, with or without compensation, as agent or attorney for or otherwise representing his parents, spouse, child, or any person for whom, or for any estate for which, he is serving as guardian, executor, administrator, trustee, or other personal fiduciary except— (1) in those matters in which he has participated personally and substantially as a Government employee or as a special Government employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise; or (2) in those matters that are the subject of his official responsibility, subject to approval by the Government official responsible for appointment to his position. (e) Certification of national interest Nothing in this section prevents a special Government employee from acting as agent or attorney for another person in the performance of work under a grant by, or a contract with or for the benefit of, the United States if the head of the department or agency concerned with the grant or contract certifies in writing that the national interest so requires and publishes such certification in the Federal Register. (f) Testimony and statements Nothing in this section prevents an individual from giving testimony under oath or from making statements required to be made under penalty of perjury. 994. Practice in United States Court of Federal Claims or the United States Court of Appeals for the Federal circuit by Members of Congress Whoever, being a Member of Congress or Member of Congress Elect, practices in the United States Court of Federal Claims or the United States Court of Appeals for the Federal Circuit shall be subject to the penalties set forth in section 1004. 995. Activities of officers and employees in claims against and other matters affecting the Government (a) Federal matters Whoever, being an officer or employee of the United States in the executive, legislative, or judicial branch of the Government or in any agency of the United States, other than in the proper discharge of his official duties— (1) acts as agent or attorney for prosecuting any claim against the United States, or receives any gratuity, or any share of or interest in any such claim, in consideration of assistance in the prosecution of such claim; or (2) acts as agent or attorney for anyone before any department, agency, court, court-martial, officer, or civil, military, or naval commission in connection with any covered matter in which the United States is a party or has a direct and substantial interest; shall be subject to the penalties set forth in section 1004. (b) District of Columbia Whoever, being an officer or employee of the District of Columbia or an officer or employee of the Office of the United States Attorney for the District of Columbia, otherwise than in the proper discharge of official duties— (1) acts as agent or attorney for prosecuting any claim against the District of Columbia, or receives any gratuity, or any share of or interest in any such claim in consideration of assistance in the prosecution of such claim; or (2) acts as agent or attorney for anyone before any department, agency, court, officer, or commission in connection with any covered matter in which the District of Columbia is a party or has a direct and substantial interest; shall be subject to the penalties set forth in section 1004. (c) Special Government employees A special Government employee shall be subject to subsections (a) and (b) only in relation to a covered matter involving a specific party or parties— (1) in which he has at any time participated personally and substantially as a Government employee or special Government employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise; or (2) which is pending in the department or agency of the Government in which he is serving. Paragraph (2) does not apply in the case of a special Government employee who has served in such department or agency no more than sixty days during the immediately preceding period of three hundred and sixty-five consecutive days. (d) Exclusion with respect to certain persons (1) Generally Nothing in subsection (a) or (b) prevents an officer or employee, if not inconsistent with the faithful performance of that officer’s or employee’s duties, from acting without compensation as agent or attorney for, or otherwise representing— (A) any person who is the subject of disciplinary, loyalty, or other personnel administration proceedings in connection with those proceedings; or (B) except as provided in paragraph (2), any cooperative, voluntary, professional, recreational, or similar organization or group not established or operated for profit, if a majority of the organization’s or group’s members are current officers or employees of the United States or of the District of Columbia, or their spouses or dependent children. (2) Exception Paragraph (1)(B) does not apply with respect to a covered matter that— (A) is a claim under subsection (a)(1) or (b)(1); (B) is a judicial or administrative proceeding where the organization or group is a party; or (C) involves a grant, contract, or other agreement (including a request for any such grant, contract, or agreement) providing for the disbursement of Federal funds to the organization or group. (e) Exclusion with respect family members Nothing in subsection (a) or (b) prevents an officer or employee, including a special Government employee, from acting, with or without compensation, as agent or attorney for, or otherwise representing, his parents, spouse, child, or any person for whom, or for any estate for which, he is serving as guardian, executor, administrator, trustee, or other personal fiduciary except— (1) in those matters in which he has participated personally and substantially as a Government employee or special Government employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, or (2) in those matters which are the subject of his official responsibility, subject to approval by the Government official responsible for appointment to his position. (f) Certification of national interest Nothing in subsection (a) or (b) prevents a special Government employee from acting as agent or attorney for another person in the performance of work under a grant by, or a contract with or for the benefit of, the United States if the head of the department or agency concerned with the grant or contract certifies in writing that the national interest so requires and publishes such certification in the Federal Register. (g) Testimony and statements Nothing in this section prevents an officer or employee from giving testimony under oath or from making statements required to be made under penalty for perjury or contempt. (h) Definition For the purpose of this section, the term covered matter means any judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, investigation, charge, accusation, arrest, or other particular matter. (i) Additional exclusions Nothing in this section prevents an employee from acting pursuant to— (1) chapter 71 of title 5; (2) section 1004 or chapter 12 of title 39; (3) section 3 of the Tennessee Valley Authority Act of 1933; (4) chapter 10 of title I of the Foreign Service Act of 1980 ; or (5) any provision of any other Federal or District of Columbia law that authorizes labor-management relations between an agency or instrumentality of the United States or the District of Columbia and any labor organization that represents its employees. 996. Exemption of retired officers of the uniformed services Sections 993 and 995 do not apply to a retired officer of the uniformed services of the United States while not on active duty and not otherwise an officer or employee of the United States, or to any person specially excepted by Act of Congress. 997. Restrictions on former officers, employees, and elected officials of the executive and legislative branches (a) Restrictions on all officers and employees of the executive branch and certain other agencies (1) Permanent restrictions on representation on particular matters Whoever is an officer or employee (including any special Government employee) of the executive branch of the United States (including any independent agency of the United States), or of the District of Columbia, and who, after the termination of his or her service or employment with the United States or the District of Columbia, knowingly makes, with the intent to influence, any communication to or appearance before any officer or employee of any department, agency, court, or court-martial of the United States or the District of Columbia, on behalf of any other person (except the United States or the District of Columbia) in connection with a particular matter— (A) in which the United States or the District of Columbia is a party or has a direct and substantial interest, (B) in which the person participated personally and substantially as such officer or employee, and (C) which involved a specific party or specific parties at the time of such participation, shall be punished as provided in section 1004. (2) Two-year restrictions concerning particular matters under official responsibility Any person subject to the restrictions contained in paragraph (1) who, within 2 years after the termination of his or her service or employment with the United States or the District of Columbia, knowingly makes, with the intent to influence, any communication to or appearance before any officer or employee of any department, agency, court, or court-martial of the United States or the District of Columbia, on behalf of any other person (except the United States or the District of Columbia), in connection with a particular matter— (A) in which the United States or the District of Columbia is a party or has a direct and substantial interest, (B) which such person knows or reasonably should know was actually pending under his or her official responsibility as such officer or employee within a period of 1 year before the termination of his or her service or employment with the United States or the District of Columbia, and (C) which involved a specific party or specific parties at the time it was so pending, shall be punished as provided in section 1004. (3) Clarification of restrictions The restrictions contained in paragraphs (1) and (2) apply— (A) in the case of an officer or employee of the executive branch of the United States (including any independent agency), only with respect to communications to or appearances before any officer or employee of any department, agency, court, or court-martial of the United States on behalf of any other person (except the United States), and only with respect to a matter in which the United States is a party or has a direct and substantial interest; and (B) in the case of an officer or employee of the District of Columbia, only with respect to communications to or appearances before any officer or employee of any department, agency, or court of the District of Columbia on behalf of any other person (except the District of Columbia), and only with respect to a matter in which the District of Columbia is a party or has a direct and substantial interest. (b) One-Year restrictions on aiding or advising (1) In general Any person who is a former officer or employee of the executive branch of the United States (including any independent agency) and is subject to the restrictions contained in subsection (a)(1), or any person who is a former officer or employee of the legislative branch or a former Member of Congress, who personally and substantially participated in any ongoing trade or treaty negotiation on behalf of the United States within the 1-year period preceding the date on which his or her service or employment with the United States terminated, and who had access to information concerning such trade or treaty negotiation which is exempt from disclosure under section 552 of title 5, which is so designated by the appropriate department or agency, and which the person knew or should have known was so designated, shall not, on the basis of that information, knowingly represent, aid, or advise any other person (except the United States) concerning such ongoing trade or treaty negotiation for a period of 1 year after his or her service or employment with the United States terminates. Whoever violates this subsection shall be punished as provided in section 1004. (2) Definition For purposes of this paragraph— (A) the term trade negotiation means negotiations which the President determines to undertake to enter into a trade agreement pursuant to section 1102 of the Omnibus Trade and Competitiveness Act of 1988 , and does not include any action taken before that determination is made; and (B) the term treaty means an international agreement made by the President that requires the advice and consent of the Senate. (c) One-Year restrictions on certain senior personnel of the executive branch and independent agencies (1) Restrictions In addition to the restrictions set forth in subsections (a) and (b), any person who is an officer or employee (including any special Government employee) of the executive branch of the United States (including an independent agency), who is referred to in paragraph (2), and who, within 1 year after the termination of his or her service or employment as such officer or employee, knowingly makes, with the intent to influence, any communication to or appearance before any officer or employee of the department or agency in which such person served within 1 year before such termination, on behalf of any other person (except the United States), in connection with any matter on which such person seeks official action by any officer or employee of such department or agency, shall be punished as provided in section 1004. (2) Persons to whom restrictions apply (A) Paragraph (1) applies to a person (other than a person subject to the restrictions of subsection (d))— (i) employed at a rate of pay specified in or fixed according to subchapter II of chapter 53 of title 5, (ii) employed in a position which is not referred to in clause (i) and for which that person is paid at a rate of basic pay which is equal to or greater than 86.5 percent of the rate of basic pay for level II of the Executive Schedule, or, for a period of 2 years following the enactment of the National Defense Authorization Act for Fiscal Year 2004, a person who, on the day prior to the enactment of that Act, was employed in a position which is not referred to in clause (i) and for which the rate of basic pay, exclusive of any locality-based pay adjustment under section 5304 or section 5304a of title 5, was equal to or greater than the rate of basic pay payable for level 5 of the Senior Executive Service on the day prior to the enactment of that Act, (iii) appointed by the President to a position under section 105(a)(2)(B) of title 3 or by the Vice President to a position under section 106(a)(1)(B) of title 3, (iv) employed in a position which is held by an active duty commissioned officer of the uniformed services who is serving in a grade or rank for which the pay grade (as specified in section 201 of title 37) is pay grade O–7 or above, or (v) assigned from a private sector organization to an agency under chapter 37 of title 5. (B) Paragraph (1) does not apply to a special Government employee who serves less than 60 days in the 1-year period before his or her service or employment as such employee terminates. (C) At the request of a department or agency, the Director of the Office of Government Ethics may waive the restrictions contained in paragraph (1) with respect to any position, or category of positions, referred to in clause (ii) or (iv) of subparagraph (A), in such department or agency if the Director determines that— (i) the imposition of the restrictions with respect to such position or positions would create an undue hardship on the department or agency in obtaining qualified personnel to fill such position or positions, and (ii) granting the waiver would not create the potential for use of undue influence or unfair advantage. (3) Members of the Independent Medicare Advisory Board (A) In general Paragraph (1) applies to a member of the Independent Medicare Advisory Board under section 1899A of the Social Security Act. (B) Agencies and Congress For purposes of paragraph (1), the agency in which the individual described in subparagraph (A) served shall be considered to be the Independent Medicare Advisory Board, the Department of Health and Human Services, and the relevant committees of jurisdiction of Congress, including the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives and the Committee on Finance of the Senate.''. (d) Restrictions on very senior personnel of the executive branch and independent agencies (1) Restrictions In addition to the restrictions set forth in subsections (a) and (b), any person who— (A) serves in the position of Vice President of the United States, (B) is employed in a position in the executive branch of the United States (including any independent agency) at a rate of pay payable for level I of the Executive Schedule or employed in a position in the Executive Office of the President at a rate of pay payable for level II of the Executive Schedule, or (C) is appointed by the President to a position under section 105(a)(2)(A) of title 3 or by the Vice President to a position under section 106(a)(1)(A) of title 3, and who, within 2 years after the termination of that person’s service in that position, knowingly makes, with the intent to influence, any communication to or appearance before any person described in paragraph (2), on behalf of any other person (except the United States), in connection with any matter on which such person seeks official action by any officer or employee of the executive branch of the United States, shall be punished as provided in section 1004. (2) Persons who may not be contacted The persons referred to in paragraph (1) with respect to appearances or communications by a person in a position described in subparagraph (A), (B), or (C) of paragraph (1) are— (A) any officer or employee of any department or agency in which such person served in such position within a period of 1 year before such person’s service or employment with the United States Government terminated, and (B) any person appointed to a position in the executive branch which is listed in section 5312, 5313, 5314, 5315, or 5316 of title 5. (e) Restrictions on Members of Congress and officers and employees of the legislative branch (1) Members of Congress and elected officers of the House (A) Senators Any person who is a Senator and who, within 2 years after that person leaves office, knowingly makes, with the intent to influence, any communication to or appearance before any Member, officer, or employee of either House of Congress or any employee of any other legislative office of the Congress, on behalf of any other person (except the United States) in connection with any matter on which such former Senator seeks action by a Member, officer, or employee of either House of Congress, in his or her official capacity, shall be punished as provided in section 1004. (B) Members and officers of the House of Representatives (i) Any person who is a Member of the House of Representatives or an elected officer of the House of Representatives and who, within 1 year after that person leaves office, knowingly makes, with the intent to influence, any communication to or appearance before any of the persons described in clause (ii) or (iii), on behalf of any other person (except the United States) in connection with any matter on which such former Member of Congress or elected officer seeks action by a Member, officer, or employee of either House of Congress, in his or her official capacity, shall be punished as provided in section 1004. (ii) The persons referred to in clause (i) with respect to appearances or communications by a former Member of the House of Representatives are any Member, officer, or employee of either House of Congress and any employee of any other legislative office of the Congress. (iii) The persons referred to in clause (i) with respect to appearances or communications by a former elected officer are any Member, officer, or employee of the House of Representatives. (2) Officers and staff of the Senate Any person who is an elected officer of the Senate, or an employee of the Senate to whom paragraph (7)(A) applies, and who, within 1 year after that person leaves office or employment, knowingly makes, with the intent to influence, any communication to or appearance before any Senator or any officer or employee of the Senate, on behalf of any other person (except the United States) in connection with any matter on which such former elected officer or former employee seeks action by a Senator or an officer or employee of the Senate, in his or her official capacity, shall be punished as provided in section 1004. (3) Personal staff (A) Any person who is an employee of a Member of the House of Representatives to whom paragraph (7)(A) applies and who, within 1 year after the termination of that employment, knowingly makes, with the intent to influence, any communication to or appearance before any of the persons described in subparagraph (B), on behalf of any other person (except the United States) in connection with any matter on which such former employee seeks action by a Member, officer, or employee of either House of Congress, in his or her official capacity, shall be punished as provided in section 1004. (B) The persons referred to in subparagraph (A) with respect to appearances or communications by a person who is a former employee are the following: (i) The Member of the House of Representatives for whom that person was an employee. (ii) Any employee of that Member of the House of Representatives. (4) Committee staff Any person who is an employee of a committee of the House of Representatives, or an employee of a joint committee of the Congress whose pay is disbursed by the Clerk of the House of Representatives, to whom paragraph (7)(A) applies and who, within 1 year after the termination of that person's employment on such committee or joint committee (as the case may be), knowingly makes, with the intent to influence, any communication to or appearance before any person who is a Member or an employee of that committee or joint committee (as the case may be) or who was a Member of the committee or joint committee (as the case may be) in the year immediately prior to the termination of such person's employment by the committee or joint committee (as the case may be), on behalf of any other person (except the United States) in connection with any matter on which such former employee seeks action by a Member, officer, or employee of either House of Congress, in his or her official capacity, shall be punished as provided in section 1004. (5) Leadership staff (A) Any person who is an employee on the leadership staff of the House of Representatives to whom paragraph (7)(A) applies and who, within 1 year after the termination of that person's employment on such staff, knowingly makes, with the intent to influence, any communication to or appearance before any of the persons described in subparagraph (B), on behalf of any other person (except the United States) in connection with any matter on which such former employee seeks action by a Member, officer, or employee of either House of Congress, in his or her official capacity, shall be punished as provided in section 1004. (B) The persons referred to in subparagraph (A) with respect to appearances or communications by a former employee are any Member of the leadership of the House of Representatives and any employee on the leadership staff of the House of Representatives. (6) Other legislative offices (A) Any person who is an employee of any other legislative office of the Congress to whom paragraph (7)(B) applies and who, within 1 year after the termination of that person's employment in such office, knowingly makes, with the intent to influence, any communication to or appearance before any of the persons described in subparagraph (B), on behalf of any other person (except the United States) in connection with any matter on which such former employee seeks action by any officer or employee of such office, in his or her official capacity, shall be punished as provided in section 1004. (B) The persons referred to in subparagraph (A) with respect to appearances or communications by a former employee are the employees and officers of the former legislative office of the Congress of the former employee. (7) Limitation on restrictions (A) The restrictions contained in paragraphs (2), (3), (4), and (5) apply only to acts by a former employee who, for at least 60 days, in the aggregate, during the 1-year period before that former employee's service as such employee terminated, was paid a rate of basic pay equal to or greater than an amount which is 75 percent of the basic rate of pay payable for a Member of the House of Congress in which such employee was employed. (B) The restrictions contained in paragraph (6) apply only to acts by a former employee who, for at least 60 days, in the aggregate, during the 1-year period before that former employee's service as such employee terminated, was employed in a position for which the rate of basic pay, exclusive of any locality-based pay adjustment under section 5302 of title 5, is equal to or greater than the basic rate of pay payable for level IV of the Executive Schedule. (8) Exception This subsection does not apply to contacts with the staff of the Secretary of the Senate or the Clerk of the House of Representatives regarding compliance with lobbying disclosure requirements under the Lobbying Disclosure Act of 1995. (9) Definitions As used in this subsection— (A) the term committee of Congress includes standing committees, joint committees, and select committees; (B) a person is an employee of a House of Congress if that person is an employee of the Senate or an employee of the House of Representatives; (C) the term employee of the House of Representatives means an employee of a Member of the House of Representatives, an employee of a committee of the House of Representatives, an employee of a joint committee of the Congress whose pay is disbursed by the Clerk of the House of Representatives, and an employee on the leadership staff of the House of Representatives; (D) the term employee of the Senate means an employee of a Senator, an employee of a committee of the Senate, an employee of a joint committee of the Congress whose pay is disbursed by the Secretary of the Senate, and an employee on the leadership staff of the Senate; (E) a person is an employee of a Member of the House of Representatives if that person is an employee of a Member of the House of Representatives under the clerk hire allowance; (F) a person is an employee of a Senator if that person is an employee in a position in the office of a Senator; (G) the term employee of any other legislative office of the Congress means an officer or employee of the Architect of the Capitol, the United States Botanic Garden, the Government Accountability Office, the Government Printing Office, the Library of Congress, the Office of Technology Assessment, the Congressional Budget Office, the United States Capitol Police, and any other agency, entity, or office in the legislative branch not covered by paragraph (1), (2), (3), (4), or (5) of this subsection; (H) the term employee on the leadership staff of the House of Representatives means an employee of the office of a Member of the leadership of the House of Representatives described in subparagraph (L), and any elected minority employee of the House of Representatives; (I) the term employee on the leadership staff of the Senate means an employee of the office of a Member of the leadership of the Senate described in subparagraph (M); (J) the term Member of Congress means a Senator or a Member of the House of Representatives; (K) the term Member of the House of Representatives means a Representative in, or a Delegate or Resident Commissioner to, the Congress; (L) the term Member of the leadership of the House of Representatives means the Speaker, majority leader, minority leader, majority whip, minority whip, chief deputy majority whip, chief deputy minority whip, chairman of the Democratic Steering Committee, chairman and vice chairman of the Democratic Caucus, chairman, vice chairman, and secretary of the Republican Conference, chairman of the Republican Research Committee, and chairman of the Republican Policy Committee, of the House of Representatives (or any similar position created on or after the effective date set forth in section 102(a) of the Ethics Reform Act of 1989); and (M) the term Member of the leadership of the Senate means the Vice President, and the President pro tempore, Deputy President pro tempore, majority leader, minority leader, majority whip, minority whip, chairman and secretary of the Conference of the Majority, chairman and secretary of the Conference of the Minority, chairman and co-chairman of the Majority Policy Committee, and chairman of the Minority Policy Committee, of the Senate (or any similar position created on or after the effective date set forth in section 102(a) of the Ethics Reform Act of 1989). (f) Restrictions relating to foreign entities (1) Restrictions Any person who is subject to the restrictions contained in subsection (c), (d), or (e) and who knowingly, within 1 year after leaving the position, office, or employment referred to in such subsection— (A) represents a foreign entity before any officer or employee of any department or agency of the United States with the intent to influence a decision of such officer or employee in carrying out his or her official duties, or (B) aids or advises a foreign entity with the intent to influence a decision of any officer or employee of any department or agency of the United States, in carrying out his or her official duties, shall be punished as provided in section 1004. (2) Special rule for trade representative With respect to a person who is the United States Trade Representative or Deputy United States Trade Representative, the restrictions described in paragraph (1) apply to representing, aiding, or advising foreign entities at any time after the termination of that person’s service as the United States Trade Representative. (3) Definition For purposes of this subsection, the term foreign entity means the government of a foreign country as defined in section 1(e) of the Foreign Agents Registration Act of 1938, as amended, or a foreign political party as defined in section 1(f) of that Act. (g) Special rules for detailees For purposes of this section, a person who is detailed from one department, agency, or other entity to another department, agency, or other entity shall, during the period such person is detailed, be deemed to be an officer or employee of both departments, agencies, or such entities. (h) Designations of separate statutory agencies and bureaus (1) Designations For purposes of subsection (c) and except as provided in paragraph (2), whenever the Director of the Office of Government Ethics determines that an agency or bureau within a department or agency in the executive branch exercises functions which are distinct and separate from the remaining functions of the department or agency and that there exists no potential for use of undue influence or unfair advantage based on past Government service, the Director shall by rule designate such agency or bureau as a separate department or agency. On an annual basis the Director of the Office of Government Ethics shall review the designations and determinations made under this subparagraph and, in consultation with the department or agency concerned, make such additions and deletions as are necessary. Departments and agencies shall cooperate to the fullest extent with the Director of the Office of Government Ethics in the exercise of his or her responsibilities under this paragraph. (2) Inapplicability of designations No agency or bureau within the Executive Office of the President may be designated under paragraph (1) as a separate department or agency. No designation under paragraph (1) shall apply to persons referred to in subsection (c)(2)(A)(i) or (iii). (i) Definitions For purposes of this section— (1) the term officer or employee , when used to describe the person to whom a communication is made or before whom an appearance is made, with the intent to influence, shall include— (A) in subsections (a), (c), and (d), the President and the Vice President; and (B) in subsection (f), the President, the Vice President, and Members of Congress; (2) the term participated means an action taken as an officer or employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or other such action; and (3) the term particular matter includes any investigation, application, request for a ruling or determination, rulemaking, contract, controversy, claim, charge, accusation, arrest, or judicial or other proceeding. (j) Exceptions (1) Official government duties (A) In general The restrictions contained in this section do not apply to acts done in carrying out official duties on behalf of the United States or the District of Columbia or as an elected official of a State or local government. (B) Tribal organizations and inter-tribal consortiums The restrictions contained in this section do not apply to acts authorized by section 104(j) of the Indian Self-Determination and Education Assistance Act. (2) State and local governments and institutions, hospitals, and organizations The restrictions contained in subsections (c), (d), and (e) do not apply to acts done in carrying out official duties as an employee of— (A) an agency or instrumentality of a State or local government if the appearance, communication, or representation is on behalf of such government, or (B) an accredited, degree-granting institution of higher education, as defined in section 101 of the Higher Education Act of 1965 , or a hospital or medical research organization, exempted and defined under section 501(c)(3) of the Internal Revenue Code of 1986, if the appearance, communication, or representation is on behalf of such institution, hospital, or organization. (3) International organizations The restrictions contained in this section do not apply to an appearance or communication on behalf of, or advice or aid to, an international organization in which the United States participates, if the Secretary of State certifies in advance that such activity is in the interests of the United States. (4) Special knowledge The restrictions contained in subsections (c), (d), and (e) do not prevent an individual from making or providing a statement, which is based on the individual’s own special knowledge in the particular area that is the subject of the statement, if no compensation is thereby received. (5) Exception for scientific or technological information The restrictions contained in subsections (a), (c), and (d) do not apply with respect to the making of communications solely for the purpose of furnishing scientific or technological information, if such communications are made under procedures acceptable to the department or agency concerned or if the head of the department or agency concerned with the particular matter, in consultation with the Director of the Office of Government Ethics, makes a certification, published in the Federal Register, that the former officer or employee has outstanding qualifications in a scientific, technological, or other technical discipline, and is acting with respect to a particular matter which requires such qualifications, and that the national interest would be served by the participation of the former officer or employee. For purposes of this paragraph, the term officer or employee includes the Vice President. (6) Exception for testimony Nothing in this section prevents an individual from giving testimony under oath, or from making statements required to be made under penalty of perjury. Notwithstanding the preceding sentence— (A) a former officer or employee of the executive branch of the United States (including any independent agency) who is subject to the restrictions contained in subsection (a)(1) with respect to a particular matter may not, except pursuant to court order, serve as an expert witness for any other person (except the United States) in that matter; and (B) a former officer or employee of the District of Columbia who is subject to the restrictions contained in subsection (a)(1) with respect to a particular matter may not, except pursuant to court order, serve as an expert witness for any other person (except the District of Columbia) in that matter. (7) Political parties and campaign committees (A) Except as provided in subparagraph (B), the restrictions contained in subsections (c), (d), and (e) do not apply to a communication or appearance made solely on behalf of a candidate in his or her capacity as a candidate, an authorized committee, a national committee, a national Federal campaign committee, a State committee, or a political party. (B) Subparagraph (A) does not apply to— (i) any communication to, or appearance before, the Federal Election Commission by a former officer or employee of the Federal Election Commission; or (ii) a communication or appearance made by a person who is subject to the restrictions contained in subsection (c), (d), or (e) if, at the time of the communication or appearance, the person is employed by a person or entity other than— (I) a candidate, an authorized committee, a national committee, a national Federal campaign committee, a State committee, or a political party; or (II) a person or entity who represents, aids, or advises only persons or entities described in subclause (I). (C) For purposes of this paragraph— (i) the term candidate means any person who seeks nomination for election, or election, to Federal or State office or who has authorized others to explore on his or her behalf the possibility of seeking nomination for election, or election, to Federal or State office; (ii) the term authorized committee means any political committee designated in writing by a candidate as authorized to receive contributions or make expenditures to promote the nomination for election, or the election, of such candidate, or to explore the possibility of seeking nomination for election, or the election, of such candidate, except that a political committee that receives contributions or makes expenditures to promote more than 1 candidate may not be designated as an authorized committee for purposes of subparagraph (A); (iii) the term national committee means the organization which, by virtue of the bylaws of a political party, is responsible for the day-to-day operation of such political party at the national level; (iv) the term national Federal campaign committee means an organization that, by virtue of the bylaws of a political party, is established primarily for the purpose of providing assistance, at the national level, to candidates nominated by that party for election to the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress; (v) the term State committee means the organization which, by virtue of the bylaws of a political party, is responsible for the day-to-day operation of such political party at the State level; and (vi) the term political party means an association, committee, or organization that nominates a candidate for election to any Federal or State elected office whose name appears on the election ballot as the candidate of such association, committee, or organization. (k) Waiver (1) (A) The President may grant a waiver of a restriction imposed by this section to any officer or employee described in paragraph (2) if the President determines and certifies in writing that it is in the public interest to grant the waiver and that the services of the officer or employee are critically needed for the benefit of the Federal Government. Not more than 25 officers and employees currently employed by the Federal Government at any one time may have been granted waivers under this paragraph. (B) (i) A waiver granted under this paragraph to any person shall apply only with respect to activities engaged in by that person after that person’s Federal Government employment is terminated and only to that person’s employment at a Government-owned, contractor operated entity with which the person served as an officer or employee immediately before the person’s Federal Government employment began. (ii) Notwithstanding clause (i), a waiver granted under this paragraph to any person who was an officer or employee of Lawrence Livermore National Laboratory, Los Alamos National Laboratory, or Sandia National Laboratory immediately before the person’s Federal Government employment began shall apply to that person’s employment by any such national laboratory after the person’s employment by the Federal Government is terminated. (2) Waivers under paragraph (1) may be granted only to civilian officers and employees of the executive branch, other than officers and employees in the Executive Office of the President. (3) A certification under paragraph (1) shall take effect upon its publication in the Federal Register and shall identify— (A) the officer or employee covered by the waiver by name and by position, and (B) the reasons for granting the waiver. A copy of the certification shall also be provided to the Director of the Office of Government Ethics. (4) The President may not delegate the authority provided by this subsection. (5) (A) Each person granted a waiver under this subsection shall prepare reports, in accordance with subparagraph (B), stating whether the person has engaged in activities otherwise prohibited by this section for each six-month period described in subparagraph (B), and if so, what those activities were. (B) A report under subparagraph (A) shall cover each six-month period beginning on the date of the termination of the person’s Federal Government employment (with respect to which the waiver under this subsection was granted) and ending two years after that date. Such report shall be filed with the President and the Director of the Office of Government Ethics not later than 60 days after the end of the six-month period covered by the report. All reports filed with the Director under this paragraph shall be made available for public inspection and copying. (C) If a person fails to file any report in accordance with subparagraphs (A) and (B), the President shall revoke the waiver and shall notify the person of the revocation. The revocation shall take effect upon the person’s receipt of the notification and shall remain in effect until the report is filed. (D) Any person who is granted a waiver under this subsection shall be ineligible for appointment in the civil service unless all reports required of such person by subparagraphs (A) and (B) have been filed. (E) As used in this subsection, the term civil service has the meaning given that term in section 2101 of title 5. (l) Contract advice by former details Whoever, being an employee of a private sector organization assigned to an agency under chapter 37 of title 5, within one year after the end of that assignment, knowingly represents or aids, counsels, or assists in representing any other person (except the United States) in connection with any contract with that agency shall be punished as provided in section 1004. 998. Acts affecting a personal financial interest (a) Offense Except as permitted by subsection (b), whoever, being an officer or employee of the executive branch of the United States Government, or of any independent agency of the United States, a Federal Reserve bank director, officer, or employee, or an officer or employee of the District of Columbia, including a special Government employee, participates personally and substantially as a Government officer or employee, through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, in a judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter in which, to his knowledge, he, his spouse, minor child, general partner, organization in which he is serving as officer, director, trustee, general partner or employee, or any person or organization with whom he is negotiating or has any arrangement concerning prospective employment, has a financial interest shall be subject to the penalties set forth in section 1004. (b) Exclusions Subsection (a) does not apply— (1) if the officer or employee first advises the Government official responsible for appointment to his or her position of the nature and circumstances of the judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter and makes full disclosure of the financial interest and receives in advance a written determination made by such official that the interest is not so substantial as to be deemed likely to affect the integrity of the services which the Government may expect from such officer or employee; (2) if, by regulation issued by the Director of the Office of Government Ethics, applicable to all or a portion of all officers and employees covered by this section, and published in the Federal Register, the financial interest has been exempted from the requirements of subsection (a) as being too remote or too inconsequential to affect the integrity of the services of the Government officers or employees to which such regulation applies; (3) in the case of a special Government employee serving on an advisory committee within the meaning of the Federal Advisory Committee Act (including an individual being considered for an appointment to such a position), the official responsible for the employee’s appointment, after review of the financial disclosure report filed by the individual pursuant to the Ethics in Government Act of 1978, certifies in writing that the need for the individual’s services outweighs the potential for a conflict of interest created by the financial interest involved; or (4) if the financial interest that would be affected by the particular matter involved is that resulting solely from the interest of the officer or employee, or his or her spouse or minor child, in birthrights— (A) in an Indian tribe, band, nation, or other organized group or community, including any Alaska Native village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians, (B) in an Indian allotment the title to which is held in trust by the United States or which is inalienable by the allottee without the consent of the United States, or (C) in an Indian claims fund held in trust or administered by the United States, if the particular matter does not involve the Indian allotment or claims fund or the Indian tribe, band, nation, organized group or community, or Alaska Native village corporation as a specific party or parties. (c) Deeming provision (1) For the purpose of paragraph (1) of subsection (b), in the case of class A and B directors of Federal Reserve banks, the Board of Governors of the Federal Reserve System shall be deemed to be the Government official responsible for appointment. (2) The potential availability of an exemption under any particular paragraph of subsection (b) does not preclude an exemption being granted pursuant to another paragraph of subsection (b). (d) Public availability (1) Generally Upon request, a copy of any determination granting an exemption under subsection (b)(1) or (b)(3) shall be made available to the public by the agency granting the exemption pursuant to the procedures set forth in section 105 of the Ethics in Government Act of 1978. In making such determination available, the agency may withhold from disclosure any information contained in the determination that would be exempt from disclosure under section 552 of title 5. For purposes of determinations under subsection (b)(3), the information describing each financial interest shall be no more extensive than that required of the individual in his or her financial disclosure report under the Ethics in Government Act of 1978. (2) Uniform regulations The Office of Government Ethics, after consultation with the Attorney General, shall issue uniform regulations for the issuance of waivers and exemptions under subsection (b) which shall— (A) list and describe exemptions; and (B) provide guidance with respect to the types of interests that are not so substantial as to be deemed likely to affect the integrity of the services the Government may expect from the employee. 999. Salary of Government officials and employees payable only by United States (a) Offense Whoever— (1) receives any salary, or any contribution to or supplementation of salary, as compensation for his services as an officer or employee of the executive branch of the United States Government, of any independent agency of the United States, or of the District of Columbia, from any source other than the Government of the United States, except as may be contributed out of the treasury of any State, county, or municipality; or (2) whoever, whether an individual, partnership, association, corporation, or other organization pays, makes any contribution to, or in any way supplements, the salary of any such officer or employee under circumstances which would make its receipt a violation of this subsection; shall be subject to the penalties set forth in section 1004. (b) Exclusion Nothing in this section prevents an officer or employee of the executive branch of the United States Government, or of any independent agency of the United States, or of the District of Columbia, from continuing to participate in a bona fide pension, retirement, group life, health or accident insurance, profit-sharing, stock bonus, or other employee welfare or benefit plan maintained by a former employer. (c) Special Government employee This section does not apply to a special Government employee or to an officer or employee of the Government serving without compensation, whether or not he is a special Government employee, or to any person paying, contributing to, or supplementing his salary as such. (d) Payments under chapter 41 of title 5 This section does not prohibit payment or acceptance of contributions, awards, or other expenses under the terms of chapter 41 of title 5. (e) Relocation expenses This section does not prohibit the payment of actual relocation expenses incident to participation, or the acceptance of same by a participant in an executive exchange or fellowship program in an executive agency, if such program has been established by statute or Executive order of the President, offers appointments not to exceed three hundred and sixty-five days, and permits no extensions in excess of ninety additional days or, in the case of participants in overseas assignments, in excess of 365 days. (f) Injuries during certain offense This section does not prohibit acceptance or receipt, by any officer or employee injured during the commission of an offense described in section 102(6) or 102(7), of contributions or payments from an organization which is described in section 501(c)(3) of the Internal Revenue Code of 1986 and which is exempt from taxation under section 501(a) of such Code. (g) Private sector organization (1) Generally This section does not prohibit an employee of a private sector organization, while assigned to an agency under chapter 37 of title 5, from continuing to receive pay and benefits from such organization in accordance with such chapter. (2) Definition As used in this subsection, the term agency means an agency (as defined by section 3701 of title 5) and the Office of the Chief Technology Officer of the District of Columbia. (h) Reserve components of Armed Forces This section does not prohibit a member of the reserve components of the armed forces on active duty pursuant to a call or order to active duty under a provision of law referred to in section 101(a)(13) of title 10 from receiving from any person that employed such member before the call or order to active duty any payment of any part of the salary or wages that such person would have paid the member if the member’s employment had not been interrupted by such call or order to active duty. 1000. Offer to procure appointive public office Whoever pays or offers or promises any money or thing of value, to any person, firm, or corporation in consideration of the use or promise to use any influence to procure any appointive office or place under the United States for any person, shall be imprisoned not more than one year. 1001. Acceptance or solicitation to obtain appointive public office (a) Promise of office Whoever solicits or receives, either as a political contribution, or for personal emolument, any money or thing of value, in consideration of the promise of support or use of influence in obtaining for any person any appointive office or place under the United States, shall be imprisoned not more than one year. (b) Adding person To obtain employment Whoever solicits or receives any thing of value in consideration of aiding a person to obtain employment under the United States either by referring his name to an executive department or agency of the United States or by requiring the payment of a fee because such person has secured such employment shall be imprisoned not more than one year. (c) Exclusion This section does not apply to such services rendered by an employment agency pursuant to the written request of an executive department or agency of the United States. 1002. Offer or acceptance of loan or gratuity (a) Offer to financial institution examiner Whoever, being an officer, director, or employee of a financial institution, makes or grants any loan or gratuity, to any examiner or assistant examiner who examines or has authority to examine such bank, branch, agency, organization, corporation, association, or institution— (1) shall imprisoned not more than 1 year; and (2) may be fined, in addition to any fine otherwise imposed under this title, a sum equal to the money so loaned or gratuity given. (b) Acceptance by financial institution examiner Whoever, being an examiner or assistant examiner, accepts a loan or gratuity from any bank, branch, agency, organization, corporation, association, or institution examined by the examiner or from any person connected with it, shall— (1) be imprisoned not more than 1 year; and (2) shall be disqualified from holding office as an examiner. (c) Definitions In this section: (1) Examiner The term examiner means any person— (A) appointed by a Federal financial institution regulatory agency or pursuant to the laws of any State to examine a financial institution; or (B) elected under the law of any State to conduct examinations of any financial institutions. (2) Federal financial institution regulatory agency The term Federal financial institution regulatory agency means— (A) the Office of the Comptroller of the Currency; (B) the Board of Governors of the Federal Reserve System; (C) the Office of Thrift Supervision; (D) the Federal Deposit Insurance Corporation; (E) the Federal Housing Finance Agency; (F) the Farm Credit Administration; (G) the Farm Credit System Insurance Corporation; and (H) the Small Business Administration. (3) Financial institution The term financial institution does not include a credit union, a Federal Reserve Bank, a Federal home loan bank, or a depository institution holding company. (4) Loan The term loan does not include any credit card account established under an open end consumer credit plan or a loan secured by residential real property that is the principal residence of the examiner, if— (A) the applicant satisfies any financial requirements for the credit card account or residential real property loan that are generally applicable to all applicants for the same type of credit card account or residential real property loan; (B) the terms and conditions applicable with respect to such account or residential real property loan, and any credit extended to the examiner under such account or residential real property loan, are no more favorable generally to the examiner than the terms and conditions that are generally applicable to credit card accounts or residential real property loans offered by the same financial institution to other borrowers or cardholders in comparable circumstances under open end consumer credit plans or for residential real property loans; and (C) with respect to residential real property loans, the loan is with respect to the primary residence of the applicant. 1003. Receipt of commissions or gifts for procuring loans (a) Offense Whoever— (1) corruptly gives, offers, or promises anything of value to any person, with intent to influence or reward an officer, director, employee, agent, or attorney of a financial institution in connection with any business or transaction of such institution; or (2) as an officer, director, employee, agent, or attorney of a financial institution, corruptly solicits or demands for the benefit of any person, or corruptly accepts or agrees to accept, anything of value from any person, intending to be influenced or rewarded in connection with any business or transaction of such institution; shall be imprisoned not more than 30 years, but if the value of the thing given, offered, promised, solicited, demanded, accepted, or agreed to be accepted does not exceed $1,000, shall be imprisoned not more than one year. (b) Exclusion This section does not apply to bona fide salary, wages, fees, or other compensation paid, or expenses paid or reimbursed, in the usual course of business. (c) Guidelines Federal agencies with responsibility for regulating a financial institution shall jointly establish such guidelines as are appropriate to assist an officer, director, employee, agent, or attorney of a financial institution to comply with this section. Such agencies shall make such guidelines available to the public. 1004. Penalties and injunctions (a) Criminal penalties The punishment for an offense under section 993, 994, 995, 997, 998, or 999 is the following: (1) Whoever engages in the conduct constituting the offense shall be imprisoned for not more than one year. (2) Whoever knowingly engages in the conduct constituting the offense shall be imprisoned for not more than five years. (b) Civil action The Attorney General may bring a civil action in the appropriate United States district court against any person who engages in conduct constituting an offense under section 993, 994, 995, 997, 998, or 999 and, upon proof of such conduct by a preponderance of the evidence, such person shall be subject to a civil penalty of not more than $50,000 for each violation or the amount of compensation which the person received or offered for the prohibited conduct, whichever amount is greater. The imposition of a civil penalty under this subsection does not preclude any other criminal or civil statutory, common law, or administrative remedy, which is available by law to the United States or any other person. (c) Court order If the Attorney General has reason to believe that a person is engaging in conduct constituting an offense under section 993, 994, 995, 997, 998, or 999, the Attorney General may petition an appropriate United States district court for an order prohibiting that person from engaging in such conduct. The court may issue an order prohibiting that person from engaging in such conduct if the court finds that the conduct constitutes such an offense. The filing of a petition under this section does not preclude any other remedy which is available by law to the United States or any other person. 1005. Voiding transactions in violation of subchapter; recovery by the United States In addition to any other remedies provided by law the President or, under regulations prescribed by him, the head of any department or agency involved, may declare void and rescind any contract, loan, grant, subsidy, license, right, permit, franchise, use, authority, privilege, benefit, certificate, ruling, decision, opinion, or rate schedule awarded, granted, paid, furnished, or published, or the performance of any service or transfer or delivery of any thing to, by or for any agency of the United States or officer or employee of the United States or person acting on behalf thereof, in relation to which there has been a final conviction for any violation of this subchapter, and the United States shall be entitled to recover in addition to any penalty prescribed by law or in a contract the amount expended or the thing transferred or delivered on its behalf, or the reasonable value thereof. 1006. Officers and employees acting as agents of foreign principals (a) Offense Whoever, being a public official, is or acts as an agent of a foreign principal required to register under the Foreign Agents Registration Act of 1938 or a lobbyist required to register under the Lobbying Disclosure Act of 1995 in connection with the representation of a foreign entity, as defined in section 3(6) of that Act shall be imprisoned for not more than two years. (b) Exclusion Nothing in this section applies to the employment of any agent of a foreign principal as a special Government employee in any case in which the head of the employing agency certifies that such employment is required in the national interest. A copy of any certification under this paragraph shall be forwarded by the head of such agency to the Attorney General who shall cause the same to be filed with the registration statement and other documents filed by such agent, and made available for public inspection in accordance with section 6 of the Foreign Agents Registration Act of 1938, as amended. (c) Definition As used in this section public official means Member of Congress, Delegate, or Resident Commissioner, either before or after he has qualified, or an officer or employee or person acting for or on behalf of the United States, or any department, agency, or branch of Government thereof, including the District of Columbia, in any official function, under or by authority of any such department, agency, or branch of Government. 1007. Bribery in sporting contests (a) Offense Whoever knowingly engages in any scheme in or affecting interstate or foreign commerce to influence any sporting contest in any way by bribery, shall be imprisoned not more than 5 years. (b) Definition As used in this section, the term sporting contest means any contest in any sport, between individual contestants or teams of contestants (without regard to the amateur or professional status of the contestants therein), the occurrence of which is publicly announced before its occurrence. 1008. Continuing financial crimes enterprise (a) Offense Whoever— (1) organizes, manages, or supervises a continuing financial crimes enterprise; and (2) receives $5,000,000 or more in gross receipts from such enterprise during any 24-month period, shall be imprisoned for a term of not less than 10 years, or for life. (b) Definition As used in subsection (a), the term continuing financial crimes enterprise means a series of violations under section 1003, 644, 645, 773, 774, 775, 779, 789, or 804, or section 801 or 803 affecting a financial institution, committed by at least 4 persons acting in concert. B CLAIMS AND SERVICES IN MATTERS AFFECTING GOVERNMENT Sec. 1017. False, fictitious, or fraudulent claims. 1017. False, fictitious, or fraudulent claims Whoever makes or presents to any person or officer in the civil, military, or naval service of the United States, or to any department or agency thereof, any claim upon or against the United States, or any department or agency thereof, knowing such claim to be false, fictitious, or fraudulent, shall be imprisoned not more than five years. C CONTEMPTS Sec. 1021. Power of court. 1022. Contempts constituting crimes. 1021. Power of Court A court of the United States shall have power to punish by fine or imprisonment, or both, at its discretion, such contempt of its authority, and none other, as— (1) misbehavior of any person in its presence or so near thereto as to obstruct the administration of justice; (2) misbehavior of any of its officers in their official transactions; or (3) disobedience or resistance to its lawful writ, process, order, rule, decree, or command. 1022. Contempts constituting crimes (a) Offense Whoever disobeys any lawful writ, process, order, rule, decree, or command of any district court of the United States or any court of the District of Columbia, by doing any act or thing therein, or thereby forbidden, if the act or thing so done be of such character as to constitute also a criminal offense under any statute of the United States or under the laws of any State in which the act was committed, shall be prosecuted for such contempt as provided in section 3691 and shall be imprisoned any term of years or for life. (b) Payment of fine and limitations on fine and imprisonment Such fine shall be paid to the United States or to the complainant or other party injured by the act constituting the contempt, or may, where more than one is so damaged, be divided or apportioned among them as the court may direct, but in no case shall the fine to be paid to the United States exceed, in case the accused is a natural person, the sum of $1,000, nor shall such imprisonment exceed the term of six months. (c) Applicability of section This section shall not be construed to relate to contempts committed in the presence of the court, or so near thereto as to obstruct the administration of justice, nor to contempts committed in disobedience of any lawful writ, process, order, rule, decree, or command entered in any suit or action brought or prosecuted in the name of, or on behalf of, the United States, but the same, and all other cases of contempt not specifically embraced in this section may be punished in conformity to the prevailing usages at law. D ELECTIONS AND POLITICAL ACTIVITIES 1031. Intimidation of voters. 1032. Deprivation of employment or other benefit for political contribution. 1033. Solicitation of political contributions. 1034. Coercion of political activity. 1035. Voting by aliens. 1031. Intimidation of voters Whoever intimidates, threatens, coerces, or attempts to intimidate, threaten, or coerce, any other person for the purpose of interfering with the right of such other person to vote or to vote as he may choose, or of causing such other person to vote for, or not to vote for, any candidate for the office of President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives, Delegate from the District of Columbia, or Resident Commissioner, at any election held solely or in part for the purpose of electing such candidate, shall be imprisoned not more than one year. 1032. Deprivation of employment or other benefit for political contribution (a) Offense Whoever knowingly causes or attempts to cause any person to make a contribution of a thing of value (including services) for the benefit of any candidate or any political party, by means of the denial or deprivation, or the threat of the denial or deprivation, of— (1) any employment, position, or work in or for any agency or other entity of the Government of the United States, a State, or a political subdivision of a State, or any compensation or benefit of such employment, position, or work; or (2) any payment or benefit of a program of the United States, a State, or a political subdivision of a State; if such employment, position, work, compensation, payment, or benefit is provided for or made possible in whole or in part by an Act of Congress, shall be imprisoned not more than one year. (b) Definitions As used in this section— (1) the term candidate means an individual who seeks nomination for election, or election, to Federal, State, or local office, whether or not such individual is elected, and, for purposes of this paragraph, an individual shall be deemed to seek nomination for election, or election, to Federal, State, or local office, if he has (A) taken the action necessary under the law of a State to qualify himself for nomination for election, or election, or (B) received contributions or made expenditures, or has given his consent for any other person to receive contributions or make expenditures, with a view to bringing about his nomination for election, or election, to such office; and (2) the term election means (A) a general, special primary, or runoff election, (B) a convention or caucus of a political party held to nominate a candidate, (C) a primary election held for the selection of delegates to a nominating convention of a political party, (D) a primary election held for the expression of a preference for the nomination of persons for election to the office of President, and (E) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States or of any State. 1033. Solicitation of political contributions (a) Offense It shall be unlawful for— (1) a candidate for the Congress; (2) an individual elected to or serving in the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress; (3) an officer or employee of the United States or any department or agency thereof; or (4) a person receiving any salary or compensation for services from money derived from the Treasury of the United States; to knowingly solicit any contribution within the meaning of section 301(8) of the Federal Election Campaign Act of 1971 from any other such officer, employee, or person. Whoever violates this section shall be imprisoned not more than 3 years. (b) Exclusion The prohibition in subsection (a) do not apply to any activity of an employee (as defined in section 7322(1) of title 5) or any individual employed in or under the United States Postal Service or the Postal Rate Commission, unless that activity is prohibited by section 7323 or 7324 of such title. 1034. Coercion of political activity It shall be unlawful for any person to intimidate, threaten, command, or coerce, or attempt to intimidate, threaten, command, or coerce, any employee of the Federal Government as defined in section 7322(1) of title 5, to engage in, or not to engage in, any political activity, including, voting or refusing to vote for any candidate or measure in any election, making or refusing to make any political contribution, or working or refusing to work on behalf of any candidate. Whoever violates this section shall be imprisoned not more than three years. 1035. Voting by aliens (a) Elements of offense It shall be unlawful for any alien to vote in any election held solely or in part for the purpose of electing a candidate for the office of President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives, Delegate from the District of Columbia, or Resident Commissioner, unless— (1) the election is held partly for some other purpose; (2) aliens are authorized to vote for such other purpose under a State constitution or statute or a local ordinance; and (3) voting for such other purpose is conducted independently of voting for a candidate for such Federal offices, in such a manner that an alien has the opportunity to vote for such other purpose, but not an opportunity to vote for a candidate for any one or more of such Federal offices. (b) Punishment Whoever violates this section shall be imprisoned not more than one year. (c) Exclusion Subsection (a) does not apply to an alien if— (1) each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization); (2) the alien permanently resided in the United States prior to attaining the age of 16; and (3) the alien reasonably believed at the time of voting in violation of such subsection that he or she was a citizen of the United States. E EMBLEMS, INSIGNIA, AND NAMES 1051. Desecration of the flag of the United States; penalties. 1052. Official badges, identification cards, other insignia. 1053. Uniform of Armed Forces and public health Service. 1054. Military medals or decorations. 1055. False advertising or misuse of names to indicate Federal agency. 1056. Misuse of names, words, emblems, or insignia. 1057. Use of likenesses of the great seal of the United States, the seals of the President and Vice President, the seal of the United States Senate, the seal of the United States House of Representatives, and the seal of the United States Congress. 1058. Public employee insignia and uniform. 1051. Desecration of the flag of the United States; penalties (a) Offense Whoever knowingly mutilates, defaces, physically defiles, burns, maintains on the floor or ground, or tramples upon any flag of the United States shall be imprisoned for not more than one year. (b) Exclusions This subsection does not prohibit any conduct consisting of the disposal of a flag when it has become worn or soiled. (c) Definition As used in this section, the term flag of the United States means any flag of the United States, or any part thereof, made of any substance, of any size, in a form that is commonly displayed. (d) Expedited appeal (1) Nature of claim An appeal may be taken directly to the Supreme Court of the United States from any interlocutory or final judgment, decree, or order issued by a United States district court ruling upon the constitutionality of subsection (a). (2) Procedural expedition The Supreme Court shall, if it has not previously ruled on the question, accept jurisdiction over the appeal and advance on the docket and expedite to the greatest extent possible. 1052. Official badges, identification cards, other insignia Whoever manufactures, sells, or possesses any badge, identification card, or other insignia, of the design prescribed by the head of any department or agency of the United States for use by any officer or employee thereof, or any colorable imitation thereof, or photographs, prints, or in any other manner makes or executes any engraving, photograph, print, or impression in the likeness of any such badge, identification card, or other insignia, or any colorable imitation thereof, except as authorized under regulations made pursuant to law, shall be imprisoned not more than six months. 1053. Uniform of Armed Forces and Public Health Service Whoever, in any place within the jurisdiction of the United States or in the Canal Zone, without authority, wears the uniform or a distinctive part thereof or anything similar to a distinctive part of the uniform of any of the Armed Forces of the United States, Public Health Service or any auxiliary of such, shall be imprisoned not more than six months. 1054. Military medals or decorations (a) In general Whoever knowingly wears, purchases, attempts to purchase, solicits for purchase, mails, ships, imports, exports, produces blank certificates of receipt for, manufactures, sells, attempts to sell, advertises for sale, trades, barters, or exchanges for anything of value any decoration or medal authorized by Congress for the Armed Forces of the United States, or any of the service medals or badges awarded to the members of such forces, or the ribbon, button, or rosette of any such badge, decoration or medal, or any colorable imitation thereof, except when authorized under regulations made pursuant to law, shall be imprisoned not more than six months. (b) False claim about receipt of military decorations or medals Whoever falsely represents himself or herself, verbally or in writing, to have been awarded any decoration or medal authorized by Congress for the Armed Forces of the United States, any of the service medals or badges awarded to the members of such forces, the ribbon, button, or rosette of any such badge, decoration, or medal, or any colorable imitation of such item shall be imprisoned not more than six months. (c) Enhanced penalty for offenses involving Congressional Medal of Honor (1) In general If a decoration or medal involved in an offense under subsection (a) or (b) is a Congressional Medal of Honor, in lieu of the punishment provided in that subsection, the offender shall be imprisoned not more than 1 year. (2) Congressional medal of honor defined In this subsection, the term Congressional Medal of Honor means— (A) a medal of honor awarded under section 3741, 6241, or 8741 of title 10 or section 491 of title 14; (B) a duplicate medal of honor issued under section 3754, 6256, or 8754 of title 10 or section 504 of title 14; or (C) a replacement of a medal of honor provided under section 3747, 6253, or 8747 of title 10 or section 501 of title 14. (d) Enhanced penalty for offenses involving certain other medals If a decoration or medal involved in an offense described in subsection (a) or (b) is a distinguished-service cross awarded under section 3742 of title 10, a Navy cross awarded under section 6242 of title 10, an Air Force cross awarded under section 8742 of section 10, a silver star awarded under section 3746, 6244, or 8746 of title 10, a Purple Heart awarded under section 1129 of title 10, or any replacement or duplicate medal for such medal as authorized by law, in lieu of the punishment provided in the applicable subsection, the offender shall be imprisoned not more than 1 year. 1055. False advertising or misuse of names to indicate Federal agency (a) Offense Whoever— (1) except as permitted by the laws of the United States, uses the words national , Federal , United States , reserve , or Deposit Insurance as part of the business or firm name of a person, corporation, partnership, business trust, association or other business entity engaged in the banking, loan, building and loan, brokerage, factorage, insurance, indemnity, savings or trust business; (2) falsely advertises or represents, or publishes or displays any sign, symbol or advertisement reasonably calculated to convey the impression that a nonmember bank, banking association, firm or partnership is a member of the Federal reserve system; (3) except as expressly authorized by Federal law, uses the words Federal Deposit , Federal Deposit Insurance , or Federal Deposit Insurance Corporation or a combination of any three of these words, as the name or a part thereof under which he or it does business, or advertises or otherwise represents falsely by any device whatsoever that his or its deposit liabilities, obligations, certificates, or shares are insured or guaranteed by the Federal Deposit Insurance Corporation, or by the United States or by any instrumentality thereof, or whoever advertises that his or its deposits, shares, or accounts are federally insured, or falsely advertises or otherwise represents by any device whatsoever the extent to which or the manner in which the deposit liabilities of an insured bank or banks are insured by the Federal Deposit Insurance Corporation; (4) other than a bona fide organization or association of Federal or State credit unions or except as permitted by the laws of the United States, uses as a firm or business name or transacts business using the words National Credit Union , National Credit Union Administration , National Credit Union Board , National Credit Union Share Insurance Fund , Share Insurance , or Central Liquidity Facility , or the letters NCUA , NCUSIF , or CLF , or any other combination or variation of those words or letters alone or with other words or letters, or any device or symbol or other means, reasonably calculated to convey the false impression that such name or business has some connection with, or authorization from, the National Credit Union Administration, the Government of the United States, or any agency thereof, which does not in fact exist, or falsely advertises or otherwise represents by any device whatsoever that his or its business, product, or service has been in any way endorsed, authorized, or approved by the National Credit Union Administration, the Government of the United States, or any agency thereof, or falsely advertises or otherwise represents by any device whatsoever that his or its deposit liabilities, obligations, certificates, shares, or accounts are insured under the Federal Credit Union Act or by the United States or any instrumentality thereof, or being an insured credit union as defined in that Act falsely advertises or otherwise represents by any device whatsoever the extent to which or the manner in which share holdings in such credit union are insured under such Act; (5) not being organized under the Farm Credit Act of 1971 , advertises or represents that it makes Federal Farm loans or advertises or offers for sale as Federal Farm loan bonds any bond not issued under the Farm Credit Act of 1971 , or uses the word Federal or the words United States or any other words implying Government ownership, obligation or supervision in advertising or offering for sale any bond, note, mortgage or other security not issued by the Government of the United States under the Farm Credit Act of 1971 ; (6) uses the words Federal Home Loan Bank or any combination or variation of these words alone or with other words as a business name or part of a business name, or falsely publishes, advertises or represents by any device or symbol or other means reasonably calculated to convey the impression that he or it is a Federal Home Loan Bank or member of or subscriber for the stock of a Federal Home Loan Bank; (7) uses the words Federal intermediate credit bank as part of the business or firm name for any person, corporation, partnership, business trust, association or other business entity not organized as an intermediate credit bank under the laws of the United States; (8) uses as a firm or business name the words Department of Housing and Urban Development , Housing and Home Finance Agency , Federal Housing Administration , Government National Mortgage Association , United States Housing Authority , or Public Housing Administration or the letters HUD , FHA , PHA , or USHA , or any combination or variation of those words or the letters HUD , FHA , PHA , or USHA alone or with other words or letters reasonably calculated to convey the false impression that such name or business has some connection with, or authorization from, the Department of Housing and Urban Development, the Housing and Home Finance Agency, the Federal Housing Administration, the Government National Mortgage Association, the United States Housing Authority, the Public Housing Administration, the Government of the United States, or any agency thereof, which does not in fact exist, or falsely claims that any repair, improvement, or alteration of any existing structure is required or recommended by the Department of Housing and Urban Development, the Housing and Home Finance Agency, the Federal Housing Administration, the Government National Mortgage Association, the United States Housing Authority, the Public Housing Administration, the Government of the United States, or any agency thereof, for the purpose of inducing any person to enter into a contract for the making of such repairs, alterations, or improvements, or falsely advertises or falsely represents by any device whatsoever that any housing unit, project, business, or product has been in any way endorsed, authorized, inspected, appraised, or approved by the Department of Housing and Urban Development, the Housing and Home Finance Agency, the Federal Housing Administration, the Government National Mortgage Association, the United States Housing Authority, the Public Housing Administration, the Government of the United States, or any agency thereof; (9) except with the written permission of the Director of the Federal Bureau of Investigation, knowingly uses the words Federal Bureau of Investigation or the initials F.B.I. , or any colorable imitation of such words or initials, in connection with any advertisement, circular, book, pamphlet or other publication, play, motion picture, broadcast, telecast, or other production, in a manner reasonably calculated to convey the impression that such advertisement, circular, book, pamphlet or other publication, play, motion picture, broadcast, telecast, or other production, is approved, endorsed, or authorized by the Federal Bureau of Investigation; (10) except with written permission of the Director of the United States Secret Service, knowingly uses the words Secret Service , Secret Service Uniformed Division , the initials U.S.S.S. , U.D. , or any colorable imitation of such words or initials, in connection with, or as a part of any advertisement, circular, book, pamphlet or other publication, play, motion picture, broadcast, telecast, other production, product, or item, in a manner reasonably calculated to convey the impression that such advertisement, circular, book, pamphlet or other publication, product, or item, is approved, endorsed, or authorized by or associated in any manner with, the United States Secret Service, or the United States Secret Service Uniformed Division; (11) except with the written permission of the Director of the United States Mint, knowingly uses the words United States Mint or U.S. Mint or any colorable imitation of such words, in connection with any advertisement, circular, book, pamphlet, or other publication, play, motion picture, broadcast, telecast, or other production, in a manner reasonably calculated to convey the impression that such advertisement, circular, book, pamphlet, or other publication, play, motion picture, broadcast, telecast, or other production, is approved, endorsed, or authorized by or associated in any manner with, the United States Mint; (12) uses the words Overseas Private Investment , Overseas Private Investment Corporation , or OPIC , as part of the business or firm name of a person, corporation, partnership, business trust, association, or business entity; (13) except with the written permission of the Administrator of the Drug Enforcement Administration, knowingly uses the words Drug Enforcement Administration or the initials DEA or any colorable imitation of such words or initials, in connection with any advertisement, circular, book, pamphlet, software or other publication, play, motion picture, broadcast, telecast, or other production, in a manner reasonably calculated to convey the impression that such advertisement, circular, book, pamphlet, software or other publication, play, motion picture, broadcast, telecast, or other production is approved, endorsed, or authorized by the Drug Enforcement Administration; or (14) except with the written permission of the Director of the United States Marshals Service, knowingly uses the words United States Marshals Service , U.S. Marshals Service , United States Marshal , U.S. Marshal , U.S.M.S. , or any colorable imitation of any such words, or the likeness of a United States Marshals Service badge, logo, or insignia on any item of apparel, in connection with any advertisement, circular, book, pamphlet, software, or other publication, or any play, motion picture, broadcast, telecast, or other production, in a manner that is reasonably calculated to convey the impression that the wearer of the item of apparel is acting pursuant to the legal authority of the United States Marshals Service, or to convey the impression that such advertisement, circular, book, pamphlet, software, or other publication, or such play, motion picture, broadcast, telecast, or other production, is approved, endorsed, or authorized by the United States Marshals Service; shall be imprisoned not more than one year. (b) Exclusions (1) Lawful before enactment This section does not make unlawful the use of any name or title which was lawful on June 25, 1948. (2) Insurance This section does not make unlawful the use of the word national as part of the name of any business or firm engaged in the insurance or indemnity business, whether such firm was engaged in the insurance or indemnity business prior or subsequent to the date of enactment of this paragraph. (c) Enjoining of violation A violation of this section may be enjoined at the suit of the United States Attorney, upon complaint by any duly authorized representative of any department or agency of the United States. 1056. Misuse of names, words, emblems, or insignia Whoever, in the course of collecting or aiding in the collection of private debts or obligations, or being engaged in furnishing private police, investigation, or other private detective services, uses or employs in any communication, correspondence, notice, advertisement, or circular the words national , Federal , or United States , the initials U.S. , or any emblem, insignia, or name, for the purpose of conveying and in a manner reasonably calculated to convey the false impression that such communication is from a department, agency, bureau, or instrumentality of the United States or in any manner represents the United States, shall be imprisoned not more than one year. 1057. Use of likenesses of the great seal of the United States, the seals of the President and Vice President, the seal of the United States Senate, the seal of the United States House of Representatives, and the seal of the United States Congress (a) Display Whoever knowingly displays any printed or other likeness of the great seal of the United States, or of the seals of the President or the Vice President of the United States, or the seal of the United States Senate, or the seal of the United States House of Representatives, or the seal of the United States Congress, or any facsimile thereof, in, or in connection with, any advertisement, poster, circular, book, pamphlet, or other publication, public meeting, play, motion picture, telecast, or other production, or on any building, monument, or stationery, for the purpose of conveying, or in a manner reasonably calculated to convey, a false impression of sponsorship or approval by the Government of the United States or by any department, agency, or instrumentality thereof, shall be imprisoned not more than six months. (b) Likeness on articles Whoever, except as authorized under regulations promulgated by the President and published in the Federal Register, knowingly manufactures, reproduces, sells, or purchases for resale, either separately or appended to any article manufactured or sold, any likeness of the seals of the President or Vice President, or any substantial part thereof, except for manufacture or sale of the article for the official use of the Government of the United States, shall be imprisoned not more than six months. (c) Seal of the United States Whoever, except as directed by the United States Senate, or the Secretary of the Senate on its behalf, knowingly uses, manufactures, reproduces, sells or purchases for resale, either separately or appended to any article manufactured or sold, any likeness of the seal of the United States Senate, or any substantial part thereof, except for manufacture or sale of the article for the official use of the Government of the United States, shall be imprisoned not more than six months. (d) Seal of United States House of Representatives Whoever, except as directed by the United States House of Representatives, or the Clerk of the House of Representatives on its behalf, knowingly uses, manufactures, reproduces, sells or purchases for resale, either separately or appended to any article manufactured or sold, any likeness of the seal of the United States House of Representatives, or any substantial part thereof, except for manufacture or sale of the article for the official use of the Government of the United States, shall be imprisoned not more than six months. (e) Seal of Congress Whoever, except as directed by the United States Congress, or the Secretary of the Senate and the Clerk of the House of Representatives, acting jointly on its behalf, knowingly uses, manufactures, reproduces, sells or purchases for resale, either separately or appended to any article manufactured or sold, any likeness of the seal of the United States Congress, or any substantial part thereof, except for manufacture or sale of the article for the official use of the Government of the United States, shall be imprisoned not more than six months. (f) Violation may be enjoined A violation of this section may be enjoined at the suit of the Attorney General— (1) in the case of the great seal of the United States and the seals of the President and Vice President, upon complaint by any authorized representative of any department or agency of the United States; (2) in the case of the seal of the United States Senate, upon complaint by the Secretary of the Senate; (3) in the case of the seal of the United States House of Representatives, upon complaint by the Clerk of the House of Representatives; and (4) in the case of the seal of the United States Congress, upon complaint by the Secretary of the Senate and the Clerk of the House of Representatives, acting jointly. 1058. Public employee insignia and uniform (a) Offense Whoever— (1) knowingly transfers, transports, or receives, in interstate or foreign commerce, a counterfeit official insignia or uniform; (2) knowingly transfers, in interstate or foreign commerce, a genuine official insignia or uniform to an individual, knowing that such individual is not authorized to possess it under the law of the place in which the badge is the official insignia or uniform; (3) knowingly receives a genuine official insignia or uniform in a transfer prohibited by paragraph (2); or (4) being a person not authorized to possess a genuine official insignia or uniform under the law of the place in which the badge is the official insignia or uniform, knowingly transports that badge in interstate or foreign commerce, shall be imprisoned not more than 6 months. (b) Defense for certain uses It is a defense to a prosecution under this section that the insignia or uniform is other than a counterfeit insignia or uniform and is not used to mislead or deceive, or is used or is intended to be used exclusively— (1) as a memento, or in a collection or exhibit; (2) for decorative purposes; (3) for a dramatic presentation, such as a theatrical, film, or television production; or (4) for any other recreational purpose. (c) Defense for certain other uses It is a defense to a prosecution under this section that the official insignia or uniform is not used or intended to be used to mislead or deceive, or is a counterfeit insignia or uniform and is used or is intended to be used exclusively— (1) for a dramatic presentation, such as a theatrical, film, or television production; or (2) for legitimate law enforcement purposes. (d) Definitions As used in this section— (1) the term genuine police badge means an official badge issued by public authority to identify an individual as a law enforcement officer having police powers; (2) the term counterfeit police badge means an item that so resembles a police badge that it would deceive an ordinary individual into believing it was a genuine police badge; and (3) the term official insignia or uniform means an article of distinctive clothing or insignia, including a badge, emblem or identification card, that is an indicium of the authority of a public employee; (4) the term public employee means any officer or employee of the Federal Government or of a State or local government; and (5) the term uniform means distinctive clothing or other items of dress, whether real or counterfeit, worn during the performance of official duties and which identifies the wearer as a public agency employee. F ESCAPE AND RESCUE 1071. Prisoners in custody of institution or officer. 1072. Instigating or assisting escape. 1073. Officer permitting escape. 1074. High speed flight from immigration checkpoint. 1075. Escape from hospitalization. 1071. Prisoners in custody of institution or officer (a) Adults Whoever escapes or attempts to escape from the custody of the Attorney General or his authorized representative, or from any institution or facility in which he is confined by direction of the Attorney General, or from any custody under or by virtue of any process issued under the laws of the United States by any court, judge, or magistrate judge, or from the custody of an officer or employee of the United States pursuant to lawful arrest, shall, if the custody or confinement is by virtue of an arrest on a charge of felony, or conviction of any offense, be imprisoned not more than five years; or if the custody or confinement is for extradition, or for exclusion or expulsion proceedings under the immigration laws, or by virtue of an arrest or charge of or for a misdemeanor, and prior to conviction, be imprisoned not more than one year. (b) Juveniles Whoever escapes or attempts to escape from the custody of the Attorney General or his authorized representative, or from any institution or facility in which he is confined by direction of the Attorney General, or from any custody under or by virtue of any process issued under the laws of the United States by any court, judge, or magistrate judge, or from the custody of an officer or employee of the United States pursuant to lawful arrest, shall, if the custody or confinement is by virtue of a lawful arrest for a violation of any law of the United States not punishable by death or life imprisonment and committed before such person’s eighteenth birthday, and as to whom the Attorney General has not specifically directed the institution of criminal proceedings, or by virtue of a commitment as a juvenile delinquent under section 5034, be imprisoned not more than one year. Nothing in this section affects the discretionary authority vested in the Attorney General pursuant to section 5032. 1072. Instigating or assisting escape (a) Adults Whoever rescues or attempts to rescue or instigates, aids or assists the escape, or attempt to escape, of any person arrested upon a warrant or other process issued under any law of the United States, or committed to the custody of the Attorney General or to any institution or facility by his direction, shall, if the custody or confinement is by virtue of an arrest on a charge of felony, or conviction of any offense, be imprisoned not more than five years; or, if the custody or confinement is for extradition, or for exclusion or expulsion proceedings under the immigration laws, or by virtue of an arrest or charge of or for a misdemeanor, and prior to conviction, be imprisoned not more than one year. (b) Juveniles Whoever rescues or attempts to rescue or instigates, aids, or assists the escape or attempted escape of any person in the custody of the Attorney General or his authorized representative, or of any person arrested upon a warrant or other process issued under any law of the United States or from any institution or facility in which he is confined by direction of the Attorney General, shall, if the custody or confinement is by virtue of a lawful arrest for a violation of any law of the United States not punishable by death or life imprisonment and committed before such person’s eighteenth birthday, and as to whom the Attorney General has not specifically directed the institution of criminal proceedings, or by virtue of a commitment as a juvenile delinquent under section 5034, be imprisoned not more than one year. 1073. Officer permitting escape Whoever, having in his custody any prisoner by virtue of process issued under the laws of the United States by any court, judge, or magistrate judge, voluntarily suffers such prisoner to escape, shall be imprisoned not more than 5 years; or if he negligently suffers such person to escape, he shall be imprisoned not more than one year. 1074. High speed flight from immigration checkpoint Whoever flees or evades a checkpoint operated by the Immigration and Naturalization Service, or any other Federal law enforcement agency, in a motor vehicle and flees Federal, State, or local law enforcement agents in excess of the legal speed limit shall be imprisoned not more than five years. 1075. Escape from hospitalization Whoever escapes or attempts to escape from the custody of any facility or from any place in which or to which he is confined pursuant to this section 1826 of title 28 or section 4243 of this title, or whoever rescues or attempts to rescue or instigates, aids, or assists the escape or attempt to escape of such a person, shall be imprisoned not more than three years. G FALSE PERSONATION 1091. Citizen of the United States. 1092. Officer or employee of the United States. 1093. Impersonator making arrest or search. 1091. Citizen of the United States Whoever falsely represents oneself to be a citizen of the United States shall be imprisoned not more than three years. 1092. Officer or employee of the United States Whoever falsely assumes or pretends to be an officer or employee acting under the authority of the United States or any department, agency or officer thereof, and acts as such, or in such pretended character demands or obtains any money, paper, document, or thing of value, shall be imprisoned not more than three years. 1093. Impersonator making arrest or search Whoever falsely represents oneself to be an officer, agent, or employee of the United States, and in such assumed character arrests or detains any person or in any manner searches the person, buildings, or other property of any person, shall be imprisoned not more than three years. H FUGITIVES FROM JUSTICE 1101. Concealing person from arrest. 1102. Concealing escaped prisoner. 1103. Flight to avoid prosecution or giving testimony. 1104. Flight to avoid prosecution for damaging or destroying any building or other real or personal property. 1101. Concealing person from arrest Whoever harbors or conceals any person for whose arrest a warrant or process has been issued under any law of the United States, so as to prevent his discovery and arrest, after notice or knowledge of the fact that a warrant or process has been issued for the apprehension of such person, shall be imprisoned not more than one year; except that if the warrant or process issued on a charge of felony, or after conviction of such person of any offense, the punishment shall be a fine under this title, or imprisonment for not more than five years, or both. 1102. Concealing escaped prisoner Whoever harbors or conceals any prisoner after that prisoner’s escape from the custody of the Attorney General or from a Federal penal or correctional institution, shall be imprisoned not more than three years. 1103. Flight to avoid prosecution or giving testimony (a) Offense Whoever moves or travels in interstate or foreign commerce with intent— (1) to avoid prosecution, or custody or confinement after conviction, under the laws of the place from which he flees, for a crime, or an attempt to commit a crime, punishable by death or which is a felony under the laws of the place from which the fugitive flees; (2) to avoid giving testimony in any criminal proceedings in such place in which the commission of an offense punishable by death or which is a felony under the laws of such place, is charged; or (3) to avoid service of, or contempt proceedings for alleged disobedience of, lawful process requiring attendance and the giving of testimony or the production of documentary evidence before an agency of a State empowered by the law of such State to conduct investigations of alleged criminal activities; shall be imprisoned not more than five years. (b) Special venue and approval required Violations of this section may be prosecuted only in the Federal judicial district in which the original crime was alleged to have been committed, or in which the person was held in custody or confinement, or in which an avoidance of service of process or a contempt referred to in subsection (a)(3) is alleged to have been committed, and only upon formal approval in writing by the Attorney General, the Deputy Attorney General, the Associate Attorney General, or an Assistant Attorney General of the United States, which function of approving prosecutions may not be delegated. 1104. Flight to avoid prosecution for damaging or destroying any building or other real or personal property (a) Offense Whoever moves or travels in interstate or foreign commerce with intent— (1) to avoid prosecution, or custody, or confinement after conviction, under the laws of the place from which he flees, for attempting to or damaging or destroying by fire or explosive any building, structure, facility, vehicle, dwelling house, synagogue, church, religious center or educational institution, public or private; or (2) to avoid giving testimony in any criminal proceeding relating to any such offense; shall be imprisoned not more than five years. (b) Venue Violations of this section may be prosecuted in the Federal judicial district in which the original crime was alleged to have been committed or in which the person was held in custody or confinement. (c) Rule of construction This section shall not be construed as indicating an intent on the part of Congress to prevent the exercise by a State of any jurisdiction over any offense over which that State would have jurisdiction in the absence of such section. I OBSTRUCTION OF JUSTICE 1131. Assault on process server. 1132. Influencing or injuring officer or juror generally. 1133. Obstruction of proceedings before departments, agencies, and committees. 1134. Obstruction of Court orders. 1135. Obstruction of criminal investigations. 1136. Obstruction of State or local law enforcement with regard to illegal gambling business. 1137. Tampering with a witness, victim, or an informant. 1138. Retaliating against a witness, victim, or an informant. 1139. Civil action to restrain harassment of a victim or witness. 1140. Civil action to protect against retaliation in fraud cases. 1141. Definitions for certain provisions; general provision. 1142. Destruction of corporate audit records. 1131. Assault on process server Whoever— (1) knowingly obstructs, resists, or opposes any officer of the United States, or other person duly authorized, in serving, or attempting to serve or execute, any legal or judicial writ or process of any court of the United States, or United States magistrate judge; or (2) assaults, beats, or wounds any officer or other person duly authorized, knowing him to be such officer, or other person so duly authorized, in serving or executing any such writ, rule, order, process, warrant, or other legal or judicial writ or process; shall, except as otherwise provided by law, be imprisoned not more than one year. 1132. Influencing or injuring officer or juror generally (a) Elements of the offense Whoever corruptly, or by threats or force, or by any threatening letter or communication, endeavors to influence, intimidate, or impede any grand or petit juror, or officer in or of any court of the United States, or officer who may be serving at any examination or other proceeding before any United States magistrate judge or other committing magistrate, in the discharge of duty, or injures any such grand or petit juror in his or her person or property on account of any verdict or indictment assented to by him or her, or on account of being or having been such juror, or injures any such officer, magistrate judge, or other committing magistrate in his or her person or property on account of the performance of his official duties, or corruptly or by threats or force, or by any threatening letter or communication, influences, obstructs, or impedes, or endeavors to influence, obstruct, or impede, the due administration of justice, shall be punished as provided in subsection (b). If the offense under this section occurs in connection with a trial of a criminal case, and the act in violation of this section involves the threat of physical force or physical force, the maximum term of imprisonment which may be imposed for the offense shall be the higher of that otherwise provided by law or the maximum term that could have been imposed for any offense charged in such case. (b) Punishment The punishment for an offense under this section is— (1) in the case of a killing, the punishment provided in sections 103 and 104; (2) in the case of an attempted killing, or a case in which the offense was committed against a petit juror and, imprisonment for not more than 20 years; and (3) in any other case, imprisonment for not more than 10 years. 1133. Obstruction of proceedings before departments, agencies, and committees Whoever— (1) with intent to avoid, evade, prevent, or obstruct compliance, in whole or in part, with any civil investigative demand duly and properly made under the Antitrust Civil Process Act, knowingly withholds, misrepresents, removes from any place, conceals, covers up, destroys, mutilates, alters, or by other means falsifies any documentary material, answers to written interrogatories, or oral testimony, which is the subject of such demand; or attempts to do so or solicits another to do so; or (2) corruptly, or by threats or force, or by any threatening letter or communication influences, obstructs, or impedes the due and proper administration of the law under which any pending proceeding is being had before any department or agency of the United States, or the due and proper exercise of the power of inquiry under which any inquiry or investigation is being had by either House, or any committee of either House or any joint committee of the Congress; shall be imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 283), imprisoned not more than 8 years. 1134. Obstruction of Court orders (a) Offense Whoever, by threats or force, knowingly prevents, obstructs, impedes, or interferes with the due exercise of rights or the performance of duties under any order, judgment, or decree of a court of the United States, shall be imprisoned not more than one year. (b) Injunctive and other relief available No injunctive or other civil relief against the conduct made criminal by this section shall be denied on the ground that such conduct is a crime. 1135. Obstruction of criminal investigations (a) In general Whoever knowingly attempts by means of bribery to obstruct, delay, or prevent the communication of information relating to a violation of any criminal statute of the United States by any person to a criminal investigator shall be imprisoned not more than five years. (b) Financial institutions (1) Whoever, being an officer of a financial institution, with the intent to obstruct a judicial proceeding, notifies any other person about the existence or contents of a subpoena for records of that financial institution, or information that has been furnished in response to that subpoena, shall be imprisoned not more than 5 years. (2) Whoever, being an officer of a financial institution notifies— (A) a customer of that financial institution whose records are sought by a subpoena for records; or (B) any other person named in that subpoena; about the existence or contents of that subpoena or information that has been furnished in response to that subpoena, shall be imprisoned not more than one year. (3) As used in this subsection— (A) the term an officer of a financial institution means an officer, director, partner, employee, agent, or attorney of or for a financial institution; and (B) the term subpoena for records means a Federal grand jury subpoena or a Department of Justice subpoena (issued under section 3486 of title 18), for customer records that has been served relating to a violation of, or a conspiracy to violate— (i) section 1003, 644, 645, 773, 774, 775, 779, 804, 1451, 1452, or chapter 53 of title 31; or (ii) section 801 or 803 affecting a financial institution. (c) Definition As used in this section, the term criminal investigator means any individual duly authorized by a department, agency, or armed force of the United States to conduct or engage in investigations of or prosecutions for violations of the criminal laws of the United States. (d) Insurance (1) Whoever— (A) acting as, or being, an officer, director, agent or employee of a person engaged in the business of insurance whose activities affect interstate commerce, or (B) is engaged in the business of insurance whose activities affect interstate commerce or is involved (other than as an insured or beneficiary under a policy of insurance) in a transaction relating to the conduct of affairs of such a business, with intent to obstruct a judicial proceeding, notifies any other person about the existence or contents of a subpoena for records of that person engaged in such business or information that has been furnished to a Federal grand jury in response to that subpoena, shall be imprisoned not more than 5 years. (2) As used in paragraph (1), the term subpoena for records means a Federal grand jury subpoena for records that has been served relating to a violation of, or a conspiracy to violate, section 790. (e) Whoever, having been notified of the applicable disclosure prohibitions or confidentiality requirements of section 3120G(c)(1) of this title, section 626(d)(1) or 627(c)(1) of the Fair Credit Reporting Act , section 1114(a)(3)(A) or 1114(a)(5)(D)(i) of the Right to Financial Privacy Act of 1978, or section 802(b)(1) of the National Security Act of 1947, knowingly and with the intent to obstruct an investigation or judicial proceeding violates such prohibitions or requirements applicable by law to such person shall be imprisoned for not more than five years. 1136. Obstruction of State or local law enforcement with regard to illegal gambling business (a) Elements of the offense It shall be unlawful for two or more persons to conspire to obstruct the enforcement of the criminal laws of a State or political subdivision thereof, with the intent to facilitate an illegal gambling business if— (1) one or more of such persons does any act to effect the object of such a conspiracy; (2) one or more of such persons is an official or employee, elected, appointed, or otherwise, of such State or political subdivision; and (3) one or more of such persons conducts finances, manages, supervises, directs, or owns all or part of an illegal gambling business. (b) Definitions As used in this section— (1) the term illegal gambling business means a gambling business which— (A) is a violation of the law of a State or political subdivision in which it is conducted; (B) involves five or more persons who conduct, finance, manage, supervise, direct, or own all or part of such business; and (C) has been or remains in substantially continuous operation for a period in excess of thirty days or has a gross revenue of $2,000 in any single day; and (2) the term gambling includes pool-selling, bookmaking, maintaining slot machines, roulette wheels, or dice tables, and conducting lotteries, policy, bolita or numbers games, or selling chances therein. (c) Exclusion This section does not apply to any bingo game, lottery, or similar game of chance conducted by an organization exempt from tax under paragraph (3) of subsection (c) of section 501 of the Internal Revenue Code of 1986, if no part of the gross receipts derived from such activity inures to the benefit of any private shareholder, member, or employee of such organization, except as reimbursement for actual expenses incurred in the conduct of such activity. (d) Punishment Whoever violates this section shall be imprisoned not more than five years. 1137. Tampering with a witness, victim, or an informant (a) Violent offense (1) Killing Whoever kills or attempts to kill another person, with intent to— (A) prevent the attendance or testimony of any person in an official proceeding; (B) prevent the production of a record, document, or other object, in an official proceeding; or (C) prevent the communication by any person to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, parole, or release pending judicial proceedings; shall be punished as provided in paragraph (3). (2) Use or threat of physical force Whoever uses physical force or the threat of physical force against any person, or attempts to do so, with intent to— (A) influence, delay, or prevent the testimony of any person in an official proceeding; (B) cause or induce any person to— (i) withhold testimony, or withhold a record, document, or other object, from an official proceeding; (ii) alter, destroy, mutilate, or conceal an object with intent to impair the integrity or availability of the object for use in an official proceeding; (iii) evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official proceeding; or (iv) be absent from an official proceeding to which that person has been summoned by legal process; or (C) hinder, delay, or prevent the communication to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, supervised release, parole, or release pending judicial proceedings; shall be punished as provided in paragraph (3). (3) Punishment The punishment for an offense under this subsection is— (A) in the case of a murder, the same as provided for a like offense in chapter 10; (B) in the case of an attempt to murder or the use or attempted use of physical force against any person, imprisonment for not more than 30 years; and (C) in the case of the threat of use of physical force against any person, imprisonment for not more than 20 years. (b) Nonviolent offenses involving other persons Whoever knowingly uses intimidation, threatens, or corruptly persuades another person, or attempts to do so, or engages in misleading conduct toward another person, with intent to— (1) influence, delay, or prevent the testimony of any person in an official proceeding; (2) cause or induce any person to— (A) withhold testimony, or withhold a record, document, or other object, from an official proceeding; (B) alter, destroy, mutilate, or conceal an object with intent to impair the object’s integrity or availability for use in an official proceeding; (C) evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official proceeding; or (D) be absent from an official proceeding to which such person has been summoned by legal process; or (3) hinder, delay, or prevent the communication to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, supervised release, parole, or release pending judicial proceedings. (c) Nonviolent offenses not involving other persons Whoever corruptly— (1) alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding; or (2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so, shall be imprisoned not more than 20 years. (d) Harassment Whoever intentionally harasses another person and thereby hinders, delays, prevents, or dissuades any person from— (1) attending or testifying in an official proceeding; (2) reporting to a law enforcement officer or judge of the United States the commission or possible commission of a Federal offense or a violation of conditions of probation, supervised release, parole, or release pending judicial proceedings; (3) arresting or seeking the arrest of another person in connection with a Federal offense; or (4) causing a criminal prosecution, or a parole or probation revocation proceeding, to be sought or instituted, or assisting in such prosecution or proceeding; shall be imprisoned not more than one year. (e) Affirmative defense In a prosecution for an offense under this section, it is an affirmative defense, that the conduct consisted solely of lawful conduct and that the defendant’s sole intention was to encourage, induce, or cause the other person to testify truthfully. (f) Special rules For the purposes of this section— (1) an official proceeding need not be pending or about to be instituted at the time of the offense; and (2) the testimony, or the record, document, or other object need not be admissible in evidence or free of a claim of privilege. (g) State of mind In a prosecution for an offense under this section, no state of mind need be proved with respect to the circumstance— (1) that the official proceeding before a judge, court, magistrate judge, grand jury, or government agency is before a judge or court of the United States, a United States magistrate judge, a bankruptcy judge, a Federal grand jury, or a Federal Government agency; or (2) that the judge is a judge of the United States or that the law enforcement officer is an officer or employee of the Federal Government or a person authorized to act for or on behalf of the Federal Government or serving the Federal Government as an adviser or consultant. (h) Extraterritorial jurisdiction There is extraterritorial Federal jurisdiction over an offense under this section. (i) Venue A prosecution under this section or section 1132 may be brought in the district in which the official proceeding (whether or not pending or about to be instituted) was intended to be affected or in the district in which the conduct constituting the alleged offense occurred. (j) Increased punishment If the offense under this section occurs in connection with a trial of a criminal case, the maximum term of imprisonment which may be imposed for the offense shall be the higher of that otherwise provided by law or the maximum term that could have been imposed for any offense charged in such case. 1138. Retaliating against a witness, victim, or an informant (a) Offenses involving killing (1) Elements of the offense Whoever kills another person with intent to retaliate against any person for— (A) the attendance of a witness or party at an official proceeding, or any testimony given or any record, document, or other object produced by a witness in an official proceeding; or (B) providing to a law enforcement officer any information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, supervised release, parole, or release pending judicial proceedings, shall be punished as provided in paragraph (2). (2) Punishment The punishment for an offense under this subsection is the same as for a like offense under subchapter A of chapter 10. (b) Offenses involving bodily injury Whoever knowingly engages in any conduct and thereby causes bodily injury to another person or damages the tangible property of another person, or threatens to do so, with intent to retaliate against any person for— (1) the attendance of a witness or party at an official proceeding, or any testimony given or any record, document, or other object produced by a witness in an official proceeding; or (2) any information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, supervised release, parole, or release pending judicial proceedings given by a person to a law enforcement officer, shall be imprisoned for not more than 20 years. (c) Increased punishment If the retaliation occurred because of attendance at or testimony in a criminal case, the maximum term of imprisonment which may be imposed for the offense under this section shall be the higher of that otherwise provided by law or the maximum term that could have been imposed for any offense charged in such case. (d) Extraterritorial jurisdiction There is extraterritorial Federal jurisdiction over an offense under this section. (e) Other retaliation Whoever knowingly, with the intent to retaliate, takes any action harmful to any person, including interference with the lawful employment or livelihood of any person, for providing to a law enforcement officer any truthful information relating to the commission or possible commission of any Federal offense, shall be imprisoned not more than 10 years. 1139. Civil action to restrain harassment of a victim or witness (a) Temporary restraining order (1) A United States district court, upon application of the attorney for the Government, shall issue a temporary restraining order prohibiting harassment of a victim or witness in a Federal criminal case if the court finds, from specific facts shown by affidavit or by verified complaint, that there are reasonable grounds to believe that harassment of an identified victim or witness in a Federal criminal case exists or that such order is necessary to prevent and restrain an offense under section 1137, other than an offense consisting of misleading conduct, or under section 1138. (2) (A) A temporary restraining order may be issued under this section without written or oral notice to the adverse party or such party’s attorney in a civil action under this section if the court finds, upon written certification of facts by the attorney for the Government, that such notice should not be required and that there is a reasonable probability that the Government will prevail on the merits. (B) A temporary restraining order issued without notice under this section shall be endorsed with the date and hour of issuance and be filed forthwith in the office of the clerk of the court issuing the order. (C) A temporary restraining order issued under this section shall expire at such time, not to exceed 14 days from issuance, as the court directs; the court, for good cause shown before expiration of such order, may extend the expiration date of the order for up to 14 days or for such longer period agreed to by the adverse party. (D) When a temporary restraining order is issued without notice, the motion for a protective order shall be set down for hearing at the earliest possible time and takes precedence over all matters except older matters of the same character, and when such motion comes on for hearing, if the attorney for the Government does not proceed with the application for a protective order, the court shall dissolve the temporary restraining order. (E) If on two days notice to the attorney for the Government, excluding intermediate weekends and holidays, or on such shorter notice as the court may prescribe, the adverse party appears and moves to dissolve or modify the temporary restraining order, the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require. (F) A temporary restraining order shall set forth the reasons for the issuance of such order, be specific in terms, and describe in reasonable detail (and not by reference to the complaint or other document) the act or acts being restrained. (b) Protective order (1) A United States district court, upon motion of the attorney for the Government, or on its own motion shall issue a protective order prohibiting harassment of a victim or witness in a Federal criminal case or investigation if the court, after a hearing, finds by a preponderance of the evidence that harassment of an identified victim or witness in a Federal criminal case or investigation exists or that such order is necessary to prevent and restrain an offense under section 1137, other than an offense consisting of misleading conduct, or under section 1138. (2) In the case of a minor witness or victim, the court shall issue a protective order prohibiting harassment or intimidation of the minor victim or witness if the court finds evidence that the conduct at issue is reasonably likely to adversely affect the willingness of the minor witness or victim to testify or otherwise participate in the Federal criminal case or investigation. Any hearing regarding a protective order under this paragraph shall be conducted in accordance with paragraphs (1) and (3), except that the court may issue an ex parte emergency protective order in advance of a hearing if exigent circumstances are present. If such an ex parte order is applied for or issued, the court shall hold a hearing not later than 14 days after the date such order was applied for or is issued. (3) At the hearing referred to in paragraph (1) of this subsection, any adverse party named in the complaint shall have the right to present evidence and cross-examine witnesses. (4) A protective order shall set forth the reasons for the issuance of such order, be specific in terms, describe in reasonable detail the act or acts being restrained. (5) The court shall set the duration of effect of the protective order for such period as the court determines necessary to prevent harassment of the victim or witness but in no case for a period in excess of three years from the date of such order’s issuance. The attorney for the Government may, at any time within ninety days before the expiration of such order, apply for a new protective order under this section, except that in the case of a minor victim or witness, the court may order that such protective order expires on the later of 3 years after the date of issuance or the date of the eighteenth birthday of that minor victim or witness. (c) Offense Whoever knowingly and intentionally violates an order issued under this section shall be fined under this title, imprisoned not more than 5 years, or both. (d) Definitions (1) As used in this section— (A) the term course of conduct means a series of acts over a period of time, however short, indicating a continuity of purpose; (B) the term harassment means a serious act or course of conduct directed at a specific person that— (i) causes substantial emotional distress in such person; and (ii) serves no legitimate purpose; (C) the term family has the meaning given that term in section 136 and includes grandchildren; (D) the term intimidation means a serious act or course of conduct directed at a specific person that— (i) causes fear or apprehension in such person; and (ii) serves no legitimate purpose; (E) the term restricted personal information has the meaning give that term in section 119; (F) the term serious act means a single act of threatening, retaliatory, harassing, or violent conduct that is reasonably likely to influence the willingness of a victim or witness to testify or participate in a Federal criminal case or investigation; and (G) the term specific person means a victim or witness in a Federal criminal case or investigation, and includes a family member of such a victim or witness. (2) For purposes of subparagraphs (B)(ii) and (D)(ii) of paragraph (1), a court shall presume, subject to rebuttal by the person, that the distribution or publication using the Internet of a photograph of, or restricted personal information regarding, a specific person serves no legitimate purpose, unless that use is authorized by that specific person, is for news reporting purposes, is designed to locate that specific person (who has been reported to law enforcement as a missing person), or is part of a government-authorized effort to locate a fugitive or person of interest in a criminal, antiterrorism, or national security investigation. 1140. Civil action to protect against retaliation in fraud cases (a) Whistleblower protection for employees of publicly traded companies No company with a class of securities registered under section 12 of the Securities Exchange Act of 1934 , or that is required to file reports under section 15(d) of the Securities Exchange Act of 1934 , including any subsidiary or affiliate whose financial information is included in the consolidated financial statements of such company, or nationally recognized statistical rating organization (as defined in section 3(a) of the Securities Exchange Act of 1934, or any officer, employee, contractor, subcontractor, or agent of such company or nationally recognized statistical rating organization, may discharge, demote, suspend, threaten, harass, or in any other manner discriminate against an employee in the terms and conditions of employment because of any lawful act done by the employee— (1) to provide information, cause information to be provided, or otherwise assist in an investigation regarding any conduct which the employee reasonably believes constitutes a violation of section 801, 803, 804, or 807, any rule or regulation of the Securities and Exchange Commission, or any provision of Federal law relating to fraud against shareholders, when the information or assistance is provided to or the investigation is conducted by— (A) a Federal regulatory or law enforcement agency; (B) any Member of Congress or any committee of Congress; or (C) a person with supervisory authority over the employee (or such other person working for the employer who has the authority to investigate, discover, or terminate misconduct); or (2) to file, cause to be filed, testify, participate in, or otherwise assist in a proceeding filed or about to be filed (with any knowledge of the employer) relating to an alleged violation of section 801, 803, 804, or 807, any rule or regulation of the Securities and Exchange Commission, or any provision of Federal law relating to fraud against shareholders. (b) Enforcement action (1) In general A person who alleges discharge or other discrimination by any person in violation of subsection (a) may seek relief under subsection (c), by— (A) filing a complaint with the Secretary of Labor; or (B) if the Secretary has not issued a final decision within 180 days of the filing of the complaint and there is no showing that such delay is due to the bad faith of the claimant, bringing an action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy. (2) Procedure (A) In general An action under paragraph (1)(A) shall be governed under the rules and procedures set forth in section 42121(b) of title 49. (B) Exception Notification made under section 42121(b)(1) of title 49, shall be made to the person named in the complaint and to the employer. (C) Burdens of proof An action brought under paragraph (1)(B) shall be governed by the legal burdens of proof set forth in section 42121(b) of title 49. (D) Statute of limitations An action under paragraph (1) shall be commenced not later than 180 days after the date on which the violation occurs, or after the date on which the employee became aware of the violation. (E) Jury trial A party to an action brought under paragraph (1)(B) shall be entitled to trial by jury. (c) Remedies (1) In general An employee prevailing in any action under subsection (b)(1) shall be entitled to all relief necessary to make the employee whole. (2) Compensatory damages Relief for any action under paragraph (1) shall include— (A) reinstatement with the same seniority status that the employee would have had, but for the discrimination; (B) the amount of back pay, with interest; and (C) compensation for any special damages sustained as a result of the discrimination, including litigation costs, expert witness fees, and reasonable attorney fees. (d) Rights retained by employee Nothing in this section diminishes the rights, privileges, or remedies of any employee under any Federal or State law, or under any collective bargaining agreement. (e) Nonenforceability of certain provisions waiving rights and remedies or requiring arbitration of disputes (1) Waiver of rights and remedies The rights and remedies provided for in this section may not be waived by any agreement, policy form, or condition of employment, including by a predispute arbitration agreement. (2) Predispute arbitration agreements No predispute arbitration agreement shall be valid or enforceable, if the agreement requires arbitration of a dispute arising under this section. 1141. Definitions for certain provisions; general provision (a) Definitions for sections 1137 and 1138 As used in sections 1137 and 1138 and in this section— (1) the term official proceeding means— (A) a proceeding before a judge or court of the United States, a United States magistrate judge, a bankruptcy judge, a judge of the United States Tax Court, a special trial judge of the Tax Court, a judge of the United States Court of Federal Claims, or a Federal grand jury; (B) a proceeding before the Congress; (C) a proceeding before a Federal Government agency which is authorized by law; or (D) a proceeding involving the business of insurance whose activities affect interstate commerce before any insurance regulatory official or agency or any agent or examiner appointed by such official or agency to examine the affairs of any person engaged in the business of insurance whose activities affect interstate commerce; (2) the term physical force means physical action against another, and includes confinement; (3) the term misleading conduct means— (A) knowingly making a false statement; (B) intentionally omitting information from a statement and thereby causing a portion of such statement to be misleading, or intentionally concealing a material fact, and thereby creating a false impression by such statement; (C) with intent to mislead, knowingly submitting or inviting reliance on a writing or recording that is false, forged, altered, or otherwise lacking in authenticity; (D) with intent to mislead, knowingly submitting or inviting reliance on a sample, specimen, map, photograph, boundary mark, or other object that is misleading in a material respect; or (E) knowingly using a trick, scheme, or device with intent to mislead; (4) the term law enforcement officer means an officer or employee of the Federal Government, or a person authorized to act for or on behalf of the Federal Government or serving the Federal Government as an adviser or consultant— (A) authorized under law to engage in or supervise the prevention, detection, investigation, or prosecution of an offense; or (B) serving as a probation or pretrial services officer under this title; (5) the term corruptly persuades does not include conduct which would be misleading conduct but for a lack of a state of mind. (b) Definition for section 1133 As used in section 1133, the term corruptly means acting with an improper purpose, personally or by influencing another, including making a false or misleading statement, or withholding, concealing, altering, or destroying a document or other information. (c) Exclusion This subchapter does not prohibit or punish the providing of lawful, bona fide, legal representation services in connection with or anticipation of an official proceeding. 1142. Destruction of corporate audit records (a) Regulatory requirements (1) Any accountant who conducts an audit of an issuer of securities to which section 10A(a) of the Securities Exchange Act of 1934 applies, shall maintain all audit or review workpapers for a period of 5 years from the end of the fiscal period in which the audit or review was concluded. (2) The Securities and Exchange Commission shall promulgate, within 180 days, after adequate notice and an opportunity for comment, such rules and regulations, as are reasonably necessary, relating to the retention of relevant records such as workpapers, documents that form the basis of an audit or review, memoranda, correspondence, communications, other documents, and records (including electronic records) which are created, sent, or received in connection with an audit or review and contain conclusions, opinions, analyses, or financial data relating to such an audit or review, which is conducted by any accountant who conducts an audit of an issuer of securities to which section 10A(a) of the Securities Exchange Act of 1934 applies. The Commission may, from time to time, amend or supplement the rules and regulations that it is required to promulgate under this section, after adequate notice and an opportunity for comment, in order to ensure that such rules and regulations adequately comport with the purposes of this section. (b) Offense Whoever knowingly violates subsection (a)(1), or any rule or regulation promulgated by the Securities and Exchange Commission under subsection (a)(2), shall be imprisoned not more than 10 years. (c) Rule of construction Nothing in this section diminishes or relieves any person of any other duty or obligation imposed by Federal or State law or regulation to maintain, or refrain from destroying, any document. J PRISONS Sec. 1161. Providing or possessing contraband in prison. 1162. Mutiny and riot prohibited. 1163. Trespass on Bureau of Prisons reservations and land. 1161. Providing or possessing contraband in prison (a) Offense Whoever— (1) in violation of a statute or a rule or order issued under a statute, provides to an inmate of a prison a prohibited object, or attempts to do so; or (2) being an inmate of a prison, makes, possesses, or obtains, or attempts to make or obtain, a prohibited object; shall be punished as provided in subsection (b) of this section. (b) Punishment The punishment for an offense under this section is a fine under this title or— (1) imprisonment for not more than 20 years, or both, if the object is specified in subsection (d)(1)(C) of this section; (2) imprisonment for not more than 10 years, or both, if the object is specified in subsection (d)(1)(A) of this section; (3) imprisonment for not more than 5 years, or both, if the object is specified in subsection (d)(1)(B) of this section; (4) imprisonment for not more than one year, or both, if the object is specified in subsection (d)(1)(D), (d)(1)(E), or (d)(1)(F) of this section; and (5) imprisonment for not more than 6 months, or both, if the object is specified in subsection (d)(1)(G) of this section. (c) Consecutive punishment required in certain cases Any punishment imposed under subsection (b) for a violation of this section involving a controlled substance shall be consecutive to any other sentence imposed by any court for an offense involving such a controlled substance. Any punishment imposed under subsection (b) for a violation of this section by an inmate of a prison shall be consecutive to the sentence being served by such inmate at the time the inmate commits such violation. (d) Definitions As used in this section— (1) the term prohibited object means— (A) a firearm or destructive device or a controlled substance in schedule I or II, other than marijuana or a controlled substance referred to in subparagraph (C) of this subsection; (B) marijuana or a controlled substance in schedule III, other than a controlled substance referred to in subparagraph (C) of this subsection, ammunition, a weapon (other than a firearm or destructive device), or an object that is designed or intended to be used as a weapon or to facilitate escape from a prison; (C) a narcotic drug, methamphetamine, its salts, isomers, and salts of its isomers, lysergic acid diethylamide, or phencyclidine; (D) a controlled substance (other than a controlled substance referred to in subparagraph (A), (B), or (C) of this subsection) or an alcoholic beverage; (E) any United States or foreign currency; (F) a phone or other device used by a user of commercial mobile service (as defined in section 332(d) of the Communications Act of 1934) in connection with such service; and (G) any other object that threatens the order, discipline, or security of a prison, or the life, health, or safety of an individual; (2) the terms ammunition , firearm , and destructive device have, respectively, the meanings given those terms in section 581; (3) the term narcotic drug has the meaning given that term in section 102 of the Controlled Substances Act ; and (4) the term prison means a Federal correctional, detention, or penal facility or any prison, institution, or facility in which persons are held in custody by direction of or pursuant to a contract or agreement with the Attorney General. 1162. Mutiny and riot prohibited Whoever instigates any mutiny or riot, at any Federal penal, detention, or correctional facility, shall be imprisoned not more than ten years. 1163. Trespass on Bureau of Prisons reservations and land Whoever, without lawful authority or permission, goes upon a reservation, land, or a facility of the Bureau of Prisons shall be imprisoned not more than six months. K PUBLIC OFFICERS AND EMPLOYEES Sec. 1171. Disclosure of confidential information generally. 1171. Disclosure of confidential information generally Whoever, being an officer or employee of the United States or of any department or agency thereof, any person acting on behalf of the Federal Housing Finance Agency, or agent of the Department of Justice as defined in the Antitrust Civil Process Act, or being an employee of a private sector organization who is or was assigned to an agency under chapter 37 of title 5, publishes, divulges, discloses, or makes known in any manner or to any extent not authorized by law any information coming to him in the course of his employment or official duties or by reason of any examination or investigation made by, or return, report or record made to or filed with, such department or agency or officer or employee thereof, which information concerns or relates to the trade secrets, processes, operations, style of work, or apparatus, or to the identity, confidential statistical data, amount or source of any income, profits, losses, or expenditures of any person, firm, partnership, corporation, or association; or permits any income return or copy thereof or any book containing any abstract or particulars thereof to be seen or examined by any person except as provided by law; shall be imprisoned not more than one year; and shall be removed from office or employment. L RECORDS AND REPORTS Sec. 1181. Concealment, removal, or mutilation generally. 1182. False entries and reports of moneys or securities. 1181. Concealment, removal, or mutilation generally Whoever knowingly and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be imprisoned not more than three years. 1182. False entries and reports of moneys or securities Whoever— (1) being an officer, clerk, agent, or other employee of the United States or any of its agencies, charged with the duty of keeping accounts or records of any kind, with intent to deceive, mislead, injure, or defraud, makes in any such account or record any false or fictitious entry or record of any matter relating to or connected with his duties; or (2) being an officer, clerk, agent, or other employee of the United States or any of its agencies, charged with the duty of receiving, holding, or paying over moneys or securities to, for, or on behalf of the United States, or of receiving or holding in trust for any person any moneys or securities, with like intent, makes a false report of such moneys or securities; shall be imprisoned not more than ten years. M SEARCHES AND SEIZURES Sec. 1191. Destruction or removal of property to prevent seizure. 1192. Rescue of seized property. 1191. Destruction or removal of property to prevent seizure (a) Destruction or removal of property to prevent seizure Whoever, before, during, or after any search for or seizure of property by any person authorized to make such search or seizure, knowingly destroys, damages, wastes, disposes of, transfers, or otherwise takes any action, or knowingly attempts to destroy, damage, waste, dispose of, transfer, or otherwise take any action, for the purpose of preventing or impairing the Government’s lawful authority to take such property into its custody or control or to continue holding such property under its lawful custody and control, shall be imprisoned not more than 5 years. (b) Impairment of In rem jurisdiction Whoever, knowing that property is subject to the in rem jurisdiction of a United States court for purposes of civil forfeiture under Federal law, knowingly and without authority from that court, destroys, damages, wastes, disposes of, transfers, or otherwise takes any action, or knowingly attempts to destroy, damage, waste, dispose of, transfer, or otherwise take any action, for the purpose of impairing or defeating the court’s continuing in rem jurisdiction over the property, shall be imprisoned not more than 5 years. (c) Notice of search or execution of seizure warrant or warrant of arrest In rem Whoever, having knowledge that any person authorized to make searches and seizures, or to execute a seizure warrant or warrant of arrest in rem, in order to prevent the authorized seizing or securing of any person or property, gives notice or attempts to give notice in advance of the search, seizure, or execution of a seizure warrant or warrant of arrest in rem, to any person shall be imprisoned not more than 5 years. (d) Notice of certain electronic surveillance Whoever, having knowledge that a Federal investigative or law enforcement officer has been authorized or has applied for authorization under subchapter C of chapter 37 to intercept a wire, oral, or electronic communication, in order to obstruct, impede, or prevent such interception, gives notice or attempts to give notice of the possible interception to any person shall be imprisoned not more than 5 years. (e) Foreign intelligence surveillance Whoever, having knowledge that a Federal officer has been authorized or has applied for authorization to conduct electronic surveillance under the Foreign Intelligence Surveillance Act of 1978, in order to obstruct, impede, or prevent such activity, gives notice or attempts to give notice of the possible activity to any person shall be imprisoned not more than 5 years. 1192. Rescue of seized property Whoever forcibly rescues, dispossesses, or attempts to rescue or dispossess any property, articles, or objects after the same shall have been taken, detained, or seized by any officer or other person under the authority of any revenue law of the United States, or by any person authorized to make searches and seizures, shall be imprisoned not more than two years. N MALICIOUS MISCHIEF 1201. Government property or contracts. 1202. Communication lines, stations, or systems. 1203. Buildings or property within special maritime and territorial jurisdiction. 1204. Tampering with consumer products. 1205. Destruction of an energy facility. 1206. Harming animals used in law enforcement. 1207. Destruction of veterans’ memorials. 1201. Government property or contracts Whoever knowingly and without authority injures or commits any depredation against any property of the United States, or of any department or agency thereof, or any property which has been or is being manufactured or constructed for the United States, or any department or agency thereof, or attempts to commit any of the foregoing offenses, shall be punished as follows: (1) If the damage or attempted damage to such property exceeds the sum of $1,000, by imprisonment for not more than ten years. (2) If the damage or attempted damage to such property does not exceed the sum of $1,000, by imprisonment for not more than one year. 1202. Communication lines, stations, or systems (a) Offense Whoever knowingly and without authority— (1) injures or destroys any of the works, property, or material of any radio, telegraph, telephone or cable, line, station, or system, or other means of communication, operated or controlled by the United States, or used or intended to be used for military or civil defense functions of the United States, whether constructed or in process of construction; (2) interferes in any way with the working or use of any such line or system; or (3) obstructs, hinders, or delays the transmission of any communication over any such line or system; shall be imprisoned not more than ten years. (b) Exclusion In the case of any works, property, or material, not operated or controlled by the United States, this section does not apply to any lawful strike activity, or other lawful concerted activities for the purposes of collective bargaining or other mutual aid and protection which do not injure or destroy any line or system used or intended to be used for the military or civil defense functions of the United States. 1203. Buildings or property within special maritime and territorial jurisdiction Whoever, within the special maritime and territorial jurisdiction of the United States, knowingly and without authority destroys or injures any structure, conveyance, or other real or personal property shall be imprisoned not more than five years, and if the building be a dwelling, or the life of any person be placed in jeopardy, shall be imprisoned not more than twenty years. 1204. Tampering with consumer products (a) Tampering in general Whoever, with reckless disregard for the risk that another person will be placed in danger of death or bodily injury and under circumstances manifesting extreme indifference to such risk, tampers with any consumer product that affects interstate or foreign commerce, or the labeling of, or container for, any such product, or attempts to do so, shall— (1) in the case of an attempt, be imprisoned not more than ten years; (2) if death of an individual results, be imprisoned for any term of years or for life; (3) if serious bodily injury to any individual results, be imprisoned not more than twenty years; and (4) in any other case, be imprisoned not more than ten years. (b) Tainting with intent To cause serious injury through business Whoever, with intent to cause serious injury to the business of any person, taints any consumer product or renders materially false or misleading the labeling of, or container for, a consumer product, if such consumer product affects interstate or foreign commerce, shall be imprisoned not more than three years. (c) False information (1) Whoever knowingly communicates false information that a consumer product has been tainted, if such product or the results of such communication affect interstate or foreign commerce, and if such tainting, had it occurred, would create a risk of death or bodily injury to another person, shall be imprisoned not more than five years. (2) As used in paragraph (1) of this subsection, the term communicates false information means communicates information that is false and that the communicator knows is false, under circumstances in which the information may reasonably be expected to be believed. (d) Threats Whoever knowingly threatens, under circumstances in which the threat may reasonably be expected to be believed, that conduct that, if it occurred, would violate subsection (a) of this section will occur, shall be imprisoned not more than five years. (e) Conspiracy Whoever is a party to a conspiracy of two or more persons to commit an offense under subsection (a) of this section, if any of the parties intentionally engages in any conduct in furtherance of such offense, shall be imprisoned not more than ten years. (f) Tampering with writing (1) Whoever, without the consent of the manufacturer, retailer, or distributor, intentionally tampers with a consumer product that is sold in interstate or foreign commerce by knowingly placing or inserting any writing in the consumer product, or in the container for the consumer product, before the sale of the consumer product to any consumer shall be imprisoned not more than 1 year. (2) Notwithstanding paragraph (1), if any person commits a violation of this subsection after a prior conviction under this section becomes final, such person shall be imprisoned for not more than 3 years. (3) In this subsection, the term writing means any form of representation or communication, including hand-bills, notices, or advertising, that contain letters, words, or pictorial representations. (g) Authority of Food and Drug Administration and Department of Agriculture In addition to any other agency which has authority to investigate violations of this section, the Food and Drug Administration and the Department of Agriculture, respectively, have authority to investigate violations of this section involving a consumer product that is regulated by a provision of law such Administration or Department, as the case may be, administers. (h) Definitions As used in this section— (1) the term consumer product means— (A) any food , drug , device , or cosmetic , as those terms are respectively defined in section 201 of the Federal Food, Drug, and Cosmetic Act ; or (B) any article, product, or commodity which is customarily produced or distributed for consumption by individuals, or use by individuals for purposes of personal care or in the performance of services ordinarily rendered within the household, and which is designed to be consumed or expended in the course of such consumption or use; and (2) the term labeling has the meaning given such term in section 201(m) of the Federal Food, Drug, and Cosmetic Act . 1205. Destruction of an energy facility (a) Damage exceeding $100,000 Whoever knowingly and without authority— (1) damages the property of an energy facility in an amount that exceeds $100,000; or (2) damages the property of an energy facility in any amount and thereby causes a significant interruption or impairment of a function of an energy facility; shall be imprisoned for not more than 20 years. (b) Damage exceeding $5,000 Whoever knowingly and without authority damages the property of an energy facility in an amount that exceeds $5,000 shall be imprisoned for not more than five years. (c) Definition As used in this section, the term energy facility means a facility that is involved in the production, storage, transmission, or distribution of electricity, fuel, or another form or source of energy, or research, development, or demonstration facilities relating thereto, regardless of whether such facility is still under construction or is otherwise not functioning, except a facility subject to the jurisdiction, administration, or in the custody of the Nuclear Regulatory Commission or an interstate gas pipeline facility as defined in section 60101 of title 49. (d) Increased punishment where death results Whoever is convicted of a violation of subsection (a) or (b) that has resulted in the death of any person shall be subject to imprisonment for any term of years or life. 1206. Harming animals used in law enforcement (a) Offense Whoever maliciously harms any police animal shall be imprisoned not more than 1 year. If the offense permanently disables or disfigures the animal, or causes serious bodily injury to or the death of the animal, the maximum term of imprisonment shall be 10 years. (b) Definition In this section, the term police animal means a dog or horse employed by a Federal agency (whether in the executive, legislative, or judicial branch) for the principal purpose of aiding in the detection of criminal activity, enforcement of laws, or apprehension of criminal offenders. 1207. Destruction of veterans’ memorials (a) Offense Whoever, as made applicable by subsection (b), knowingly and without authority injures or destroys any structure, plaque, statue, or other monument on public property commemorating the service of any person or persons in the armed forces of the United States shall be imprisoned not more than 10 years. (b) Federal nexus Subsection (a) applies if— (1) in committing the offense, the defendant travels or causes another to travel in interstate or foreign commerce, or uses the mail or an instrumentality of interstate or foreign commerce; or (2) the structure, plaque, statue, or other monument is located on property owned by, or under the jurisdiction of, the Federal Government. O PUBLIC LANDS 1211. Timber removed or transported. 1212. Trees cut or injured. 1213. Timber set afire. 1214. Fires left unattended and unextinguished. 1215. Trespass on national forest lands. 1216. Hazardous or injurious devices on Federal lands. 1211. Timber removed or transported (a) Offense Whoever knowingly and without authority— (1) cuts or destroys any timber growing on the public lands of the United States; (2) removes any timber from those public lands, with intent to export or to dispose of that timber; or (3) being the owner, master, pilot, operator, or consignee of any vessel, motor vehicle, or aircraft or the owner, director, or agent of any railroad, knowingly transports any timber so cut or removed, or lumber manufactured from that timber; shall be imprisoned not more than one year. (b) Exclusion This section does not prevent any miner or agriculturist from clearing land in the ordinary working of the miner’s mining claim, or in the preparation of the agriculturalist’s farm for tillage, or from taking the timber necessary to support improvements, or the taking of timber for the use of the United States; nor shall it interfere with or take away any right or privilege under any existing law of the United States to cut or remove timber from any public lands. 1212. Trees cut or injured Whoever knowingly and without authority cuts, injures, or destroys any tree growing, standing, or being upon any land of the United States which, in pursuance of law, has been reserved or purchased by the United States for any public use, or upon any Indian reservation, or lands belonging to or occupied by any tribe of Indians under the authority of the United States, or any Indian allotment while the title to the same shall be held in trust by the Government, or while the same shall remain inalienable by the allottee without the consent of the United States, shall be imprisoned not more than one year. 1213. Timber set afire (a) Offense Whoever, knowingly and without authority, sets on fire any timber, underbrush, or grass or other inflammable material upon the public domain or upon any lands owned or leased by or under the partial, concurrent, or exclusive jurisdiction of the United States, or under contract for purchase or for the acquisition of which condemnation proceedings have been instituted, or upon any Indian reservation or lands belonging to or occupied by any tribe or group of Indians under authority of the United States, or upon any Indian allotment while the title to the same shall be held in trust by the Government, or while the same shall remain inalienable by the allottee without the consent of the United States, shall be imprisoned not more than five years. (b) Exclusion This section does not apply in the case of a fire set by an allottee in the reasonable exercise of his proprietary rights in the allotment. 1214. Fires left unattended and unextinguished Whoever, having kindled or caused to be kindled, a fire in or near any forest, timber, or other inflammable material upon any lands owned, controlled or leased by, or under the partial, concurrent, or exclusive jurisdiction of the United States, including lands under contract for purchase or for the acquisition of which condemnation proceedings have been instituted, and including any Indian reservation or lands belonging to or occupied by any tribe or group of Indians under the authority of the United States, or any Indian allotment while the title to the same is held in trust by the United States, or while the same shall remain inalienable by the allottee without the consent of the United States, leaves said fire without totally extinguishing the same, or permits or suffers the fire to burn or spread beyond his control, or leaves or suffers the fire to burn unattended, shall be imprisoned not more than six months. 1215. Trespass on national forest lands Whoever, without authority goes upon any national forest land while it is closed to the public pursuant to lawful regulation of the Secretary of Agriculture, shall be imprisoned not more than six months. 1216. Hazardous or injurious devices on Federal lands (a) Elements of the offense Whoever— (1) with the intent to violate the Controlled Substances Act , (2) with the intent to obstruct or harass the harvesting of timber, or (3) with reckless disregard to the risk that another person will be placed in danger of death or bodily injury and under circumstances manifesting extreme indifference to such risk, uses a hazardous or injurious device on Federal land, on an Indian reservation, or on an Indian allotment while the title to such allotment is held in trust by the United States or while such allotment remains inalienable by the allottee without the consent of the United States shall be punished under subsection (b). (b) Punishment An individual who violates subsection (a) shall— (1) if death of an individual results, be imprisoned for any term of years or for life; (2) if serious bodily injury to any individual results, be imprisoned for not more than 40 years; (3) if bodily injury to any individual results, be imprisoned for not more than 20 years; (4) if damage to the property of any individual results or if avoidance costs have been incurred exceeding $10,000, in the aggregate, be imprisoned for not more than 20 years; and (5) in any other case, be imprisoned for not more than one year. (c) Increased punishment Any individual who is punished under subsection (b)(5) after one or more prior convictions under any such subsection shall be imprisoned for not more than 20 years. (d) Definitions As used in this section— (1) the term hazardous or injurious device means a device, which when assembled or placed, is capable of causing bodily injury, or damage to property, by the action of any person making contact with such device subsequent to the assembly or placement. Such term includes guns attached to trip wires or other triggering mechanisms, ammunition attached to trip wires or other triggering mechanisms, or explosive devices attached to trip wires or other triggering mechanisms, sharpened stakes, lines or wires, lines or wires with hooks attached, nails placed so that the sharpened ends are positioned in an upright manner, or tree spiking devices including spikes, nails, or other objects hammered, driven, fastened, or otherwise placed into or on any timber, whether or not severed from the stump; and (2) the term avoidance costs means costs incurred by any individual for the purpose of— (A) detecting a hazardous or injurious device; or (B) preventing death, serious bodily injury, bodily injury, or property damage likely to result from the use of a hazardous or injurious device in violation of subsection (a). (e) Civil action Any person injured as the result of a violation of subsection (a) may commence a civil action on his own behalf against any person who is alleged to be in violation of subsection (a). The district courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, in such civil actions. The court may award, in addition to monetary damages for any injury resulting from an alleged violation of subsection (a), costs of litigation, including reasonable attorney and expert witness fees, to any prevailing or substantially prevailing party, whenever the court determines such award is appropriate. P RESTRICTED BUILDING OR GROUNDS Sec. 1221. Restricted building or grounds. 1221. Restricted building or grounds (a) Whoever— (1) enters or remains in any restricted building or grounds without lawful authority to do so; (2) with intent to impede or disrupt the orderly conduct of Government business or official functions, engages in disorderly or disruptive conduct in, or within such proximity to, any restricted building or grounds when, or so that, such conduct, in fact, impedes or disrupts the orderly conduct of Government business or official functions; (3) with the intent to impede or disrupt the orderly conduct of Government business or official functions, obstructs or impedes ingress or egress to or from any restricted building or grounds; or (4) engages in any act of physical violence against any person or property in any restricted building or grounds; shall be punished as provided in subsection (b). (b) The punishment for a violation of subsection (a) is— (1) a fine under this title or imprisonment for not more than 10 years, or both, if— (A) the person, during and in relation to the offense, uses or carries a deadly or dangerous weapon or firearm; or (B) the offense results in significant bodily injury as defined by section 2118(e)(3); and (2) a fine under this title or imprisonment for not more than one year, or both, in any other case. (c) In this section— (1) the term restricted buildings or grounds means any posted, cordoned off, or otherwise restricted area— (A) of the White House or its grounds, or the Vice President’s official residence or its grounds; (B) of a building or grounds where the President or other person protected by the Secret Service is or will be temporarily visiting; or (C) of a building or grounds so restricted in conjunction with an event designated as a special event of national significance; and (2) the term other person protected by the Secret Service means any person whom the United States Secret Service is authorized to protect under section 3056 of this title or by Presidential memorandum, when such person has not declined such protection. 31 INTERNATIONAL LAW CRIMES Subchapter A. Piracy and privateering B. Peonage, slavery, and trafficking in persons Assault C. Genocide D. Torture E. War crimes A PIRACY AND PRIVATEERING Sec. 1251. Piracy under law of nations. 1251. Piracy under law of nations Whoever, on the high seas, commits the crime of piracy as defined by the law of nations, and is afterwards brought into or found in the United States, shall be imprisoned for life. B PEONAGE, SLAVERY, AND TRAFFICKING IN PERSONS 1261. Peonage. 1262. Sale into involuntary servitude. 1263. Forced labor. 1264. Trafficking with respect to peonage, slavery, involuntary servitude, or forced labor. 1265. Sex trafficking of children or by force, fraud, or coercion. 1266. Unlawful conduct with respect to documents in furtherance of trafficking, peonage, slavery, involuntary servitude, or forced labor. 1267. Civil remedy. 1261. Peonage Whoever holds or returns any person to a condition of peonage, or arrests any person with the intent of placing him in or returning him to a condition of peonage, shall be imprisoned not more than 20 years. If death results from the violation of this section, or if the violation includes kidnapping or an attempt to kidnap, aggravated sexual abuse or the attempt to commit aggravated sexual abuse, or an attempt to kill, the defendant shall be imprisoned for any term of years or life. 1262. Sale into involuntary servitude Whoever knowingly holds to involuntary servitude or sells into any condition of involuntary servitude, any other person for any term, or brings within the United States any person so held, shall be imprisoned not more than 20 years. If death results from the violation of this section, or if the violation includes kidnapping or an attempt to kidnap, aggravated sexual abuse or the attempt to commit aggravated sexual abuse, or an attempt to kill, the defendant shall be imprisoned for any term of years or life. 1263. Forced labor (a) Whoever knowingly provides or obtains the labor or services of a person by any one of, or by any combination of, the following means— (1) by means of force, threats of force, physical restraint, or threats of physical restraint to that person or another person; (2) by means of serious harm or threats of serious harm to that person or another person; (3) by means of the abuse or threatened abuse of law or legal process; or (4) by means of any scheme, plan, or pattern intended to cause the person to believe that, if that person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint, shall be punished as provided under subsection (d). (b) Whoever knowingly benefits, financially or by receiving anything of value, from participation in a venture which has engaged in the providing or obtaining of labor or services by any of the means described in subsection (a), knowing or in reckless disregard of the fact that the venture has engaged in the providing or obtaining of labor or services by any of such means, shall be punished as provided in subsection (d). (c) In this section: (1) The term abuse or threatened abuse of law or legal process means the use or threatened use of a law or legal process, whether administrative, civil, or criminal, in any manner or for any purpose for which the law was not designed, in order to exert pressure on another person to cause that person to take some action or refrain from taking some action. (2) The term serious harm means any harm, whether physical or nonphysical, including psychological, financial, or reputational harm, that is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances to perform or to continue performing labor or services in order to avoid incurring that harm. (d) Whoever violates this section shall be imprisoned not more than 20 years. If death results from a violation of this section, or if the violation includes kidnaping, an attempt to kidnap, aggravated sexual abuse, or an attempt to kill, the defendant shall be imprisoned for any term of years or for life. 1264. Trafficking with respect to peonage, slavery, involuntary servitude, or forced labor Whoever knowingly recruits, harbors, transports, provides, or obtains by any means, any person for labor or services in violation of this subchapter shall be imprisoned not more than 20 years. If death results from the violation of this section, or if the violation includes kidnapping or an attempt to kidnap, aggravated sexual abuse, or the attempt to commit aggravated sexual abuse, or an attempt to kill, the defendant shall be imprisoned for any term of years or life. 1265. Sex trafficking of children or by force, fraud, or coercion (a) Elements of the offense Whoever knowingly— (1) in or affecting interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States, recruits, entices, harbors, transports, provides, obtains, or maintains by any means a person; or (2) benefits, financially or by receiving anything of value, from participation in a venture which has engaged in an act described in violation of paragraph (1), knowing, or in reckless disregard of the fact, that means of force, threats of force, fraud, coercion described in subsection (e)(2), or any combination of such means will be used to cause the person to engage in a commercial sex act, or that the person has not attained the age of 18 years and will be caused to engage in a commercial sex act, shall be punished as provided in subsection (b). (b) Punishment The punishment for an offense under subsection (a) is— (1) if the offense was effected by means of force, threats of force, fraud, or coercion described in subsection (e)(2), or by any combination of such means, or if the person recruited, enticed, harbored, transported, provided, or obtained had not attained the age of 14 years at the time of such offense, by a fine under this title or imprisonment for any term of years or for life, or both; or (2) if the offense was not so effected, and the person recruited, enticed, harbored, transported, provided, or obtained had attained the age of 14 years but had not attained the age of 18 years at the time of such offense, by a fine under this title or imprisonment for not more than 40 years, or both. (c) State of mind requirement In a prosecution under subsection (a)(1) in which the defendant had a reasonable opportunity to observe the person so recruited, enticed, harbored, transported, provided, obtained or maintained, the Government need not prove that the defendant knew that the person had not attained the age of 18 years. (d) Definitions As used in this section— (1) the term abuse or threatened abuse of law or legal process means the use or threatened use of a law or legal process, whether administrative, civil, or criminal, in any manner or for any purpose for which the law was not designed, in order to exert pressure on another person to cause that person to take some action or refrain from taking some action; (2) the term coercion means— (A) threats of serious harm to or physical restraint against any person; (B) any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or (C) the abuse or threatened abuse of law or the legal process; and (3) the term commercial sex act means any sex act, on account of which anything of value is given to or received by any person; (4) the term serious harm means any harm, whether physical or nonphysical, including psychological, financial, or reputational harm, that is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances to perform or to continue performing commercial sexual activity in order to avoid incurring that harm; (5) the term venture means any group of two or more individuals associated in fact, whether or not a legal entity. 1266. Unlawful conduct with respect to documents in furtherance of trafficking, peonage, slavery, involuntary servitude, or forced labor (a) Offense Whoever knowingly destroys, conceals, removes, confiscates, or possesses any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person— (1) in the course of a violation of section 1261, 1262, 1263, 1264, or 1265; (2) with intent to violate section 1261, 1262, 1263, 1264, or 1265; or (3) to prevent or restrict or to attempt to prevent or restrict, without lawful authority, the person’s liberty to move or travel, in order to maintain the labor or services of that person, when the person is or has been a victim of a severe form of trafficking in persons, as defined in section 103 of the Trafficking Victims Protection Act of 2000, shall be imprisoned for not more than 5 years. (b) Exclusion Subsection (a) does not apply to the conduct of a person who is or has been a victim of a severe form of trafficking in persons, as defined in section 103 of the Trafficking Victims Protection Act of 2000, if that conduct is caused by, or incident to, that trafficking. 1267. Civil remedy (a) Civil action An individual who is a victim of a violation of this subchapter may bring a civil action against the perpetrator (or whoever knowingly benefits, financially or by receiving anything of value from participation in a venture which that person knew or should have known has engaged in an act in violation of this subchapter) in an appropriate district court of the United States and may recover damages and reasonable attorneys fees. (b) Stay (1) Any civil action filed under this section shall be stayed during the pendency of any criminal action arising out of the same occurrence in which the claimant is the victim. (2) In this subsection, a criminal action includes investigation and prosecution and is pending until final adjudication in the trial court. (c) Limitation No action may be maintained under this section unless it is commenced not later than 10 years after the cause of action arose. C GENOCIDE Sec. 1281. Genocide. 1282. Definitions. 1281. Genocide (a) Basic offense Whoever, whether in time of peace or in time of war and with the specific intent to destroy, in whole or in substantial part, a national, ethnic, racial, or religious group as such— (1) kills members of that group; (2) causes serious bodily injury to members of that group; (3) causes the permanent impairment of the mental faculties of members of the group through drugs, torture, or similar techniques; (4) subjects the group to conditions of life that are intended to cause the physical destruction of the group in whole or in part; (5) imposes measures intended to prevent births within the group; or (6) transfers by force children of the group to another group; shall be punished as provided in subsection (b). (b) Punishment for basic offense The punishment for an offense under subsection (a) is— (1) in the case of an offense under subsection (a)(1), where death results, by death or imprisonment for life and a fine of not more than $1,000,000, or both; and (2) in any other case, a fine of not more than $1,000,000 or imprisonment for not more than twenty years, or both. (c) Incitement offense Whoever directly and publicly incites another to violate subsection (a) shall be imprisoned not more than five years. (d) Jurisdiction There is jurisdiction over the offenses described in subsections (a) and (c) if— (1) the offense is committed in whole or in part within the United States; or (2) regardless of where the offense is committed, the alleged offender is— (A) a national of the United States (as that term is defined in section 101 of the Immigration and Nationality Act); (B) an alien lawfully admitted for permanent residence in the United States (as that term is defined in section 101 of the Immigration and Nationality Act); (C) a stateless person whose habitual residence is in the United States; or (D) present in the United States. (e) Nonapplicability of certain limitations Notwithstanding section 3282, in the case of an offense under this section, an indictment may be found, or information instituted, at any time without limitation. 1282. Definitions As used in this subchapter— (1) the term children means the plural and means individuals who have not attained the age of eighteen years; (2) the term ethnic group means a set of individuals whose identity as such is distinctive in terms of common cultural traditions or heritage; (3) the term incites means urges another to engage imminently in conduct in circumstances under which there is a substantial likelihood of imminently causing such conduct; (4) the term members means the plural; (5) the term national group means a set of individuals whose identity as such is distinctive in terms of nationality or national origins; (6) the term racial group means a set of individuals whose identity as such is distinctive in terms of physical characteristics or biological descent; (7) the term religious group means a set of individuals whose identity as such is distinctive in terms of common religious creed, beliefs, doctrines, practices, or rituals; and (8) the term substantial part means a part of a group of such numerical significance that the destruction or loss of that part would cause the destruction of the group as a viable entity within the nation of which such group is a part. D TORTURE Sec. 1291. Torture. 1292. Definitions. 1291. Torture (a) Offense Whoever outside the United States commits or attempts to commit torture shall be imprisoned not more than 20 years and if death results to any person from conduct prohibited by this subsection, shall be punished by death or imprisoned for any term of years or for life. (b) Jurisdiction There is jurisdiction over the activity prohibited in subsection (a) if— (1) the alleged offender is a national of the United States; or (2) the alleged offender is present in the United States, irrespective of the nationality of the victim or alleged offender. (c) Conspiracy A person who conspires to commit an offense under this section shall be subject to the same penalties (other than the penalty of death) as the penalties prescribed for the offense, the commission of which was the object of the conspiracy. 1292. Definitions As used in this subchapter— (1) the term torture means an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control; and (2) the term severe mental pain or suffering means the prolonged mental harm caused by or resulting from— (A) the intentional infliction or threatened infliction of severe physical pain or suffering; (B) the administration or application, or threatened administration or application, of mind-altering substances or other procedures calculated to disrupt profoundly the senses or the personality; (C) the threat of imminent death; or (D) the threat that another person will imminently be subjected to death, severe physical pain or suffering, or the administration or application of mind-altering substances or other procedures calculated to disrupt profoundly the senses or personality. E WAR CRIMES Sec. 1296. War crimes. 1297. Recruitment or use of child soldiers. 1296. War crimes (a) Offense Whoever, whether inside or outside the United States, commits a war crime, in any of the circumstances described in subsection (b), shall be imprisoned for life or any term of years and if death results to the victim, shall also be subject to the penalty of death. (b) Circumstances The circumstances referred to in subsection (a) are that the person committing such war crime or the victim of such war crime is a member of the Armed Forces of the United States or a national of the United States (as defined in section 101 of the Immigration and Nationality Act ). (c) Definition As used in this section the term war crime means any conduct— (1) defined as a grave breach in any of the international conventions signed at Geneva 12 August 1949, or any protocol to such convention to which the United States is a party; (2) prohibited by Article 23, 25, 27, or 28 of the Annex to the Hague Convention IV, Respecting the Laws and Customs of War on Land, signed 18 October 1907; (3) which constitutes a grave breach of common Article 3 (as defined in subsection (d)) when committed in the context of and in association with an armed conflict not of an international character; or (4) of a person who, in relation to an armed conflict and contrary to the Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices as amended at Geneva on 3 May 1996 (Protocol II as amended on 3 May 1996), when the United States is a party to such Protocol, knowingly kills or causes serious injury to civilians. (d) Common Article 3 violations (1) Prohibited conduct In subsection (c)(3), the term grave breach of common Article 3 means any conduct (such conduct constituting a grave breach of common Article 3 of the international conventions done at Geneva August 12, 1949), as follows: (A) Torture The act of a person who commits an act specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control for the purpose of obtaining information or a confession, punishment, intimidation, coercion, or any reason based on discrimination of any kind. (B) Cruel or inhuman treatment The act of a person who commits an act intended to inflict severe or serious physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions), including serious physical abuse, upon another within his custody or control. (C) Performing biological experiments The act of a person who subjects one or more persons within his custody or physical control to biological experiments without a legitimate medical or dental purpose and in so doing endangers the body or health of such person or persons. (D) Murder The act of a person who intentionally kills or kills whether intentionally or unintentionally in the course of committing any other offense under this subsection, one or more persons taking no active part in the hostilities, including those placed out of combat by sickness, wounds, detention, or any other cause. (E) Mutilation or maiming The act of a person who intentionally injures or injures whether intentionally or unintentionally in the course of committing any other offense under this subsection, one or more persons taking no active part in the hostilities, including those placed out of combat by sickness, wounds, detention, or any other cause, by disfiguring the person or persons by any mutilation thereof or by permanently disabling any member, limb, or organ of his body, without any legitimate medical or dental purpose. (F) Intentionally causing serious bodily injury The act of a person who intentionally causes serious bodily injury to one or more persons, including lawful combatants, in violation of the law of war. (G) Rape The act of a person who forcibly or with coercion or threat of force wrongfully invades the body of a person by penetrating, however slightly, the anal or genital opening of the victim with any part of the body of the accused, or with any foreign object. (H) Sexual assault or abuse The act of a person who forcibly or with coercion or threat of force engages in sexual contact with one or more persons, or causes one or more persons to engage in sexual contact. (I) Taking hostages The act of a person who, having knowingly seized or detained one or more persons, threatens to kill, injure, or continue to detain such person or persons with the intent of compelling any nation, person other than the hostage, or group of persons to act or refrain from acting as an explicit or implicit condition for the safety or release of such person or persons. (2) Definitions In the case of an offense under subsection (a) by reason of subsection (c)(3)— (A) the term severe mental pain or suffering shall be applied for purposes of paragraphs (1)(A) and (1)(B) in accordance with the meaning given that term in section 1292(2); (B) the term sexual contact shall be applied for purposes of paragraph (1)(G) in accordance with the meaning given that term in section 205(2); (C) the term serious physical pain or suffering shall be applied for purposes of paragraph (1)(B) as meaning bodily injury that involves— (i) a substantial risk of death; (ii) extreme physical pain; (iii) a burn or physical disfigurement of a serious nature (other than cuts, abrasions, or bruises); or (iv) significant loss or impairment of the function of a bodily member, organ, or mental faculty; and (D) the term serious mental pain or suffering shall be applied for purposes of paragraph (1)(B) in accordance with the meaning given the term severe mental pain or suffering (as defined in section 1292(2)), except that— (i) the term serious shall replace the term severe where it appears; and (ii) as to conduct occurring after the date of the enactment of the Military Commissions Act of 2006, the term serious and non-transitory mental harm (which need not be prolonged) shall replace the term prolonged mental harm where it appears. (3) Inapplicability of certain provisions with respect to collateral damage or incident of lawful attack The intent specified for the conduct stated in subparagraphs (D), (E), and (F) or paragraph (1) precludes the applicability of those subparagraphs to an offense under subsection (a) by reasons of subsection (c)(3) with respect to— (A) collateral damage; or (B) death, damage, or injury incident to a lawful attack. (4) Inapplicability of taking hostages to prisoner exchange Paragraph (1)(I) does not apply to an offense under subsection (a) by reason of subsection (c)(3) in the case of a prisoner exchange during wartime. (5) Definition of grave breaches The definitions in this subsection are intended only to define the grave breaches of common Article 3 and not the full scope of United States obligations under that Article. 1297. Recruitment or use of child soldiers (a) Offense Whoever knowingly— (1) recruits, enlists, or conscripts a person to serve while such person is under 15 years of age in an armed force or group; or (2) uses a person under 15 years of age to participate actively in hostilities; knowing such person is under 15 years of age, shall be punished as provided in subsection (b). (b) Penalty Whoever violates subsection (a) shall be imprisoned not more than 20 years, and, if death of any person results, shall be imprisoned for any term of years or for life. (c) Extraterritorial jurisdiction There is extraterritorial jurisdiction over an offense under this section. (d) Definitions In this section: (1) Participate actively in hostilities The term participate actively in hostilities means taking part in— (A) combat or military activities related to combat, including sabotage and serving as a decoy, a courier, or at a military checkpoint; or (B) direct support functions related to combat, including transporting supplies or providing other services. (2) Armed force or group The term armed force or group means any army, militia, or other military organization, whether or not it is state-sponsored, excluding any group assembled solely for nonviolent political association. 33 TRANSPORTATION-RELATED CRIMES Subchapter A. Aircraft and motor vehicles B. Railroads C. Seamen and stowaways D. Maritime-related crimes A AIRCRAFT AND MOTOR VEHICLES 1301. Destruction of aircraft or aircraft facilities. 1302. Destruction of motor vehicles or motor vehicle facilities. 1303. Penalty when death results. 1304. Imparting or conveying false information. 1305. Violence at international airports. 1306. Fraud involving aircraft or space vehicle parts in interstate or foreign commerce. 1307. Aircraft piracy. 1308. Interference with flight crew members and attendants. 1309. Carrying a weapon or explosive on an aircraft. 1310. Application of certain criminal laws to acts on aircraft. 1311. Aiming a laser pointer at an aircraft. 1312. Definitions. 1301. Destruction of aircraft or aircraft facilities (a) In general Whoever knowingly without authority— (1) sets fire to, damages, destroys, disables, or wrecks any aircraft in the special aircraft jurisdiction of the United States or any civil aircraft used, operated, or employed in interstate, overseas, or foreign air commerce; (2) places or causes to be placed a destructive device or substance in, upon, or in proximity to, or otherwise makes or causes to be made unworkable or unusable or hazardous to work or use, any such aircraft, or any part or other materials used or intended to be used in connection with the operation of such aircraft, if such placing or causing to be placed or such making or causing to be made is likely to endanger the safety of any such aircraft; (3) sets fire to, damages, destroys, or disables any air navigation facility, or interferes by force or violence with the operation of such facility, if such fire, damaging, destroying, disabling, or interfering is likely to endanger the safety of any such aircraft in flight; (4) with the intent to damage, destroy, or disable any such aircraft, sets fire to, damages, destroys, or disables or places a destructive device or substance in, upon, or in proximity to, any appliance or structure, ramp, landing area, property, machine, or apparatus, or any facility or other material used, or intended to be used, in connection with the operation, maintenance, loading, unloading or storage of any such aircraft or any cargo carried or intended to be carried on any such aircraft; (5) interferes with or disables, with intent to endanger the safety of any person or with a reckless disregard for the safety of human life, anyone engaged in the authorized operation of such aircraft or any air navigation facility aiding in the navigation of any such aircraft; (6) performs an act of violence against or incapacitates any individual on any such aircraft, if such act of violence or incapacitation is likely to endanger the safety of such aircraft; or (7) communicates information, knowing the information to be false and under circumstances in which such information may reasonably be believed, thereby endangering the safety of any such aircraft in flight, shall be imprisoned not more than 20 years. (b) Other civil aircraft Whoever knowingly— (1) performs an act of violence against any individual on board any civil aircraft registered in a country other than the United States while such aircraft is in flight, if such act is likely to endanger the safety of that aircraft; (2) destroys a civil aircraft registered in a country other than the United States while such aircraft is in service or causes damage to such an aircraft which renders that aircraft incapable of flight or which is likely to endanger that aircraft’s safety in flight; or (3) places or causes to be placed on a civil aircraft registered in a country other than the United States while such aircraft is in service, a device or substance which is likely to destroy that aircraft, or to cause damage to that aircraft which renders that aircraft incapable of flight or which is likely to endanger that aircraft’s safety in flight, shall be imprisoned not more than 20 years. There is also extraterritorial jurisdiction over an offense under this subsection if a national of the United States was on board, or would have been on board, the aircraft; an offender is a national of the United States; or an offender is afterwards found in the United States. (c) Threats Whoever knowingly imparts or conveys any threat to do an act which would violate any of paragraphs (1) through (6) of subsection (a) or any of paragraphs (1) through (3) of subsection (b) of this section, with an apparent determination and will to carry the threat into execution shall be imprisoned not more than five years. 1302. Destruction of motor vehicles or motor vehicle facilities (a) Offense Whoever— (1) knowingly, with intent to endanger the safety of any person on board or anyone who he believes will board the same, or with a reckless disregard for the safety of human life, damages, disables, destroys, tampers with, or places or causes to be placed any explosive or other destructive substance in, upon, or in proximity to, any motor vehicle which is used, operated, or employed in interstate or foreign commerce, or its cargo or material used or intended to be used in connection with its operation; (2) knowingly, with like intent, damages, disables, destroys; (3) sets fire to, tampers with, or places or causes to be placed any explosive or other destructive substance in, upon, or in proximity to any garage, terminal, structure, supply, or facility used in the operation of, or in support of the operation of, motor vehicles engaged in interstate or foreign commerce or otherwise makes or causes such property to be made unworkable, unusable, or hazardous to work or use; or (4) with like intent, knowingly disables or incapacitates any driver or person employed in connection with the operation or maintenance of the motor vehicle, or in any way lessens the ability of such person to perform his duties as such; shall be imprisoned not more than 20 years. (b) Increased penalty Whoever is convicted of a violation of subsection (a) involving a motor vehicle that, at the time the violation occurred, carried high-level radioactive waste (as that term is defined in section 2(12) of the Nuclear Waste Policy Act of 1982 ) or spent nuclear fuel (as that term is defined in section 2(23) of the Nuclear Waste Policy Act of 1982 ), shall be imprisoned for any term of years not less than 30, or for life. 1303. Penalty when death results Whoever is convicted of any crime prohibited by this subchapter, which has resulted in the death of any person, shall be subject also to the death penalty or to imprisonment for life. 1304. Imparting or conveying false information (a) Civil penalty Whoever imparts or conveys or causes to be imparted or conveyed false information, knowing the information to be false, concerning an attempt or alleged attempt being made or to be made, to do any act which would be a crime prohibited by this subchapter or subchapter B or D of this chapter shall be subject to a civil penalty of not more than $1,000 which shall be recoverable in a civil action brought in the name of the United States. (b) Criminal offense Whoever knowingly, or with reckless disregard for the safety of human life, imparts or conveys or causes to be imparted or conveyed false information, knowing the information to be false, concerning an attempt or alleged attempt being made or to be made, to do any act which would be a crime prohibited by this subchapter or subchapter B or D of this chapter shall be imprisoned not more than five years. 1305. Violence at international airports (a) Offense Whoever unlawfully and knowingly, using any device, substance, or weapon— (1) performs an act of violence against a person at an airport serving international civil aviation that causes or is likely to cause serious bodily injury or death; or (2) destroys or seriously damages the facilities of an airport serving international civil aviation or a civil aircraft not in service located thereon or disrupts the services of the airport, shall be imprisoned not more than 20 years, and if the death of any person results from conduct prohibited by this subsection, shall be punished as provided in chapter 10. (b) Jurisdiction There is jurisdiction over the prohibited activity in subsection (a) if— (1) the prohibited activity takes place in the United States; or (2) the prohibited activity takes place outside the United States and— (A) the offender is later found in the United States; or (B) an offender or a victim is a national of the United States. (c) Bar to prosecution It is a bar to Federal prosecution under subsection (a) for conduct that occurred within the United States that the conduct involved was during or in relation to a labor dispute, and such conduct is prohibited as a felony under the law of the State in which it was committed. (d) Definition As used in this section, the term labor dispute has the meaning set forth in section 13(c) of the Act of March 23, 1932 (47 Stat. 70) (commonly known as the Norris-LaGuardia Act). 1306. Fraud involving aircraft or space vehicle parts in interstate or foreign commerce (a) Offenses Whoever, in or affecting interstate or foreign commerce, knowingly and with the intent to defraud— (1) (A) falsifies or conceals a material fact concerning any aircraft or space vehicle part; (B) makes any materially fraudulent representation concerning any aircraft or space vehicle part; or (C) makes or uses any materially false writing, entry, certification, document, record, data plate, label, or electronic communication concerning any aircraft or space vehicle part; or (2) exports from or imports or introduces into the United States, sells, trades, installs on or in any aircraft or space vehicle any aircraft or space vehicle part using or by means of a fraudulent representation, document, record, certification, depiction, data plate, label, or electronic communication; shall be punished as provided in subsection (b). (b) Penalties The punishment for an offense under subsection (a) is as follows: (1) Aviation quality If the offense relates to the aviation quality of a part and the part is installed in an aircraft or space vehicle, a fine of not more than $500,000, imprisonment for not more than 15 years, or both. (2) Failure to operate as represented If, by reason of the failure of the part to operate as represented, the part to which the offense is related is the proximate cause of a malfunction or failure that results in serious bodily injury, a fine of not more than $1,000,000, imprisonment for not more than 20 years, or both. (3) Failure resulting in death If, by reason of the failure of the part to operate as represented, the part to which the offense is related is the proximate cause of a malfunction or failure that results in the death of any person, a fine of not more than $1,000,000, imprisonment for any term of years or life, or both. (4) Other circumstances In the case of an offense under subsection (a) not described in paragraph (1), (2), or (3) of this subsection, a fine under this title, imprisonment for not more than 10 years, or both. (5) Organizations If the offense is committed by an organization, a fine of not more than— (A) $10,000,000 in the case of an offense described in paragraph (1) or (4); and (B) $20,000,000 in the case of an offense described in paragraph (2) or (3). (c) Civil remedies The district courts of the United States shall have jurisdiction to prevent and restrain violations of this section by issuing appropriate orders, including— (1) ordering a person (convicted of an offense under this section) to divest any interest, direct or indirect, in any enterprise used to commit or facilitate the commission of the offense, or to destroy, or to mutilate and sell as scrap, aircraft material or part inventories or stocks; (2) imposing reasonable restrictions on the future activities or investments of any such person, including prohibiting engagement in the same type of endeavor as used to commit the offense; and (3) ordering the dissolution or reorganization of any enterprise knowingly used to commit or facilitate the commission of an offense under this section making due provisions for the rights and interests of innocent persons. (d) Extraterritorial jurisdiction There is extraterritorial jurisdiction over an offense under this section. 1307. Aircraft piracy (a) In special aircraft jurisdiction (1) For the purposes of this subsection— (A) the term aircraft piracy means seizing or exercising control of an aircraft in the special aircraft jurisdiction of the United States by force, violence, threat of force or violence, or any form of intimidation, and with wrongful intent; and (B) an attempt to commit aircraft piracy is in the special aircraft jurisdiction of the United States although the aircraft is not in flight at the time of the attempt if the aircraft would have been in the special aircraft jurisdiction of the United States had the aircraft piracy been completed. (2) Whoever commits aircraft piracy shall be imprisoned for not less than 20 years. (b) Outside special aircraft jurisdiction (1) Whoever commits an offense (as defined in the Convention for the Suppression of Unlawful Seizure of Aircraft) on an aircraft in flight outside the special aircraft jurisdiction of the United States shall be imprisoned for at least 20 years. (2) There is extraterritorial jurisdiction over the offense in paragraph (1) if— (A) a national of the United States was aboard the aircraft; (B) an offender is a national of the United States; or (C) an offender is afterwards found in the United States. 1308. Interference with flight crew members and attendants An individual on an aircraft in the special aircraft jurisdiction of the United States who, by assaulting or intimidating a flight crew member or flight attendant of the aircraft, interferes with the performance of the duties of the member or attendant or lessens the ability of the member or attendant to perform those duties, shall be imprisoned for not more than 20 years. However, if a dangerous weapon is used in assaulting or intimidating the member or attendant, the individual shall be imprisoned for any term of years or for life. 1309. Carrying a weapon or explosive on an aircraft (a) Definition In this section, loaded firearm means a starter gun or a weapon designed or converted to expel a projectile through an explosive, that has a cartridge, a detonator, or powder in the chamber, magazine, cylinder, or clip. (b) General criminal penalty An individual shall be imprisoned for not more than 10 years if the individual— (1) when on, or attempting to get on, an aircraft in, or intended for operation in, air transportation or intrastate air transportation, has on or about the individual or the property of the individual a concealed dangerous weapon that is or would be accessible to the individual in flight; (2) has placed, attempted to place, or attempted to have placed a loaded firearm on that aircraft in property not accessible to passengers in flight; or (3) has on or about the individual, or has placed, attempted to place, or attempted to have placed on that aircraft, an explosive or incendiary device. (c) Criminal penalty involving disregard for human life An individual who willfully and without regard for the safety of human life, or with reckless disregard for the safety of human life, violates subsection (b) of this section, shall be imprisoned for not more than 20 years, and, if death results to any person, shall be imprisoned for any term of years or for life. (d) Nonapplication Subsection (b)(1) of this section does not apply to— (1) a law enforcement officer of a State or political subdivision of a State, or an officer or employee of the United States Government, authorized to carry arms in an official capacity; (2) another individual the Administrator of the Federal Aviation Administration or the Under Secretary of Transportation for Security by regulation authorizes to carry a dangerous weapon in air transportation or intrastate air transportation; or (3) an individual transporting a weapon (except a loaded firearm) in baggage not accessible to a passenger in flight if the air carrier was informed of the presence of the weapon. 1310. Application of certain criminal laws to acts on aircraft An individual on an aircraft in the special aircraft jurisdiction of the United States who commits an act that— (1) if committed in the special maritime and territorial jurisdiction of the United States would violate section 102, 111, 121, 141, 649, 650, or subchapter A of chapter 13, shall be imprisoned under that section or chapter; or (2) if committed in the District of Columbia would violate section 9 of the Act of July 29, 1892 (D.C. Code Sec. 22–1112), shall be imprisoned under section 9 of the Act. 1311. Aiming a laser pointer at an aircraft (a) Offense Whoever knowingly aims the beam of a laser pointer at an aircraft in the special aircraft jurisdiction of the United States, or at the flight path of such an aircraft, shall be fined under this title or imprisoned not more than 5 years, or both. (b) Laser Pointer Defined As used in this section, the term laser pointer means any device designed or used to amplify electromagnetic radiation by stimulated emission that emits a beam designed to be used by the operator as a pointer or highlighter to indicate, mark, or identify a specific position, place, item, or object. (c) Exceptions This section does not prohibit aiming a beam of a laser pointer at an aircraft, or the flight path of such an aircraft, by— (1) an authorized individual in the conduct of research and development or flight test operations conducted by an aircraft manufacturer, the Federal Aviation Administration, or any other person authorized by the Federal Aviation Administration to conduct such research and development or flight test operations; (2) members or elements of the Department of Defense or Department of Homeland Security acting in an official capacity for the purpose of research, development, operations, testing, or training; or (3) by an individual using a laser emergency signaling device to send an emergency distress signal. (d) Authority To Establish Additional Exceptions by Regulation The Attorney General, in consultation with the Secretary of Transportation, may provide by regulation, after public notice and comment, such additional exceptions to this section as may be necessary and appropriate. The Attorney General shall provide written notification of any proposed regulations under this section to the Committees on the Judiciary of the Senate and the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives, not less than 90 days before such regulations become final. 1312. Definitions (a) Definitions As used in sections 1301 through 1306, the following definitions apply: (1) Aircraft The term aircraft means a civil, military, or public contrivance invented, used, or designed to navigate, fly, or travel in the air. (2) Aviation quality The term aviation quality , with respect to a part of an aircraft or space vehicle, means the quality of having been manufactured, constructed, produced, maintained, repaired, overhauled, rebuilt, reconditioned, or restored in conformity with applicable standards specified by law (including applicable regulations). (3) Destructive substance The term destructive substance means an explosive substance, flammable material, infernal machine, or other chemical, mechanical, or radioactive device or matter of a combustible, contaminative, corrosive, or explosive nature. (4) In flight The term in flight means— (A) any time from the moment at which all the external doors of an aircraft are closed following embarkation until the moment when any such door is opened for disembarkation; and (B) in the case of a forced landing, until competent authorities take over the responsibility for the aircraft and the persons and property on board. (5) In service The term in service means— (A) any time from the beginning of preflight preparation of an aircraft by ground personnel or by the crew for a specific flight until 24 hours after any landing; and (B) in any event includes the entire period during which the aircraft is in flight. (6) Motor vehicle The term motor vehicle means every description of carriage or other contrivance propelled or drawn by mechanical power and used for commercial purposes on the highways in the transportation of passengers, passengers and property, or property or cargo. (7) Part The term part means a frame, assembly, component, appliance, engine, propeller, material, part, spare part, piece, section, or related integral or auxiliary equipment. (8) Space vehicle The term space vehicle means a man-made device, either manned or unmanned, designed for operation beyond the Earth’s atmosphere. (9) Used for commercial purposes The term used for commercial purposes means the carriage of persons or property for any fare, fee, rate, charge or other consideration, or directly or indirectly in connection with any business, or other undertaking intended for profit. (b) Terms defined in other law In this subchapter, the terms aircraft engine , air navigation facility , appliance , civil aircraft , foreign air commerce , interstate air commerce , landing area , overseas air commerce , propeller , spare part , and special aircraft jurisdiction of the United States have the meanings given those terms in sections 40102(a) and 46501 of title 49. B RAILROADS Sec. 1331. Terrorist attacks and other violence against railroad carriers and against mass transportation systems on land, on water, or through the air. 1331. Terrorist attacks and other violence against railroad carriers and against mass transportation systems on land, on water, or through the air (a) General prohibitions Whoever, as made applicable by subsection (c), knowingly and without lawful authority— (1) wrecks, derails, sets fire to, or disables railroad on-track equipment or a mass transportation vehicle; (2) places any biological agent or toxin, destructive substance, or destructive device in, upon, or near railroad on-track equipment or a mass transportation vehicle with intent to endanger the safety of any person, or with a reckless disregard for the safety of human life; (3) places or releases a hazardous material or a biological agent or toxin on or near any property described in subparagraph (A) or (B) of paragraph (4), with intent to endanger the safety of any person, or with reckless disregard for the safety of human life; (4) sets fire to, undermines, makes unworkable, unusable, or hazardous to work on or use, or places any biological agent or toxin, destructive substance, or destructive device in, upon, or near any— (A) tunnel, bridge, viaduct, trestle, track, electromagnetic guideway, signal, station, depot, warehouse, terminal, or any other way, structure, property, or appurtenance used in the operation of, or in support of the operation of, a railroad carrier, and with intent to, or knowing or having reason to know such activity would likely, derail, disable, or wreck railroad on-track equipment; or (B) garage, terminal, structure, track, electromagnetic guideway, supply, or facility used in the operation of, or in support of the operation of, a mass transportation vehicle, and with intent to, or knowing or having reason to know, such activity would likely, derail, disable, or wreck a mass transportation vehicle used, operated, or employed by a mass transportation provider; (5) removes an appurtenance from, damages, or otherwise impairs the operation of a railroad signal system or mass transportation signal or dispatching system, including a train control system, centralized dispatching system, or highway-railroad grade crossing warning signal; (6) with intent to endanger the safety of any person, or with a reckless disregard for the safety of human life, interferes with, disables, or incapacitates any dispatcher, driver, captain, locomotive engineer, railroad conductor, or other person while the person is employed in dispatching, operating, controlling, or maintaining railroad on-track equipment or a mass transportation vehicle; (7) commits an act, including the use of a dangerous weapon, with the intent to cause death or serious bodily injury to any person who is on property described in subparagraph (A) or (B) of paragraph (4); (8) surveils, photographs, videotapes, diagrams, or otherwise collects information with the intent to plan or assist in planning any of the acts described in paragraphs (1) through (6); (9) conveys false information, knowing the information to be false, concerning an attempt or alleged attempt to engage in a violation of this subsection; or (10) threatens to engage in any violation of any of paragraphs (1) through (9); shall be imprisoned not more than 20 years, and if the offense results in the death of any person, shall be imprisoned for any term of years or for life, or be subject to the penalty of death, except in the case of a violation of paragraph (8), (9), or (10). (b) Aggravated offense Whoever commits an offense under subsection (a) of this section in a circumstance in which— (1) the railroad on-track equipment or mass transportation vehicle was carrying a passenger or employee at the time of the offense; (2) the railroad on-track equipment or mass transportation vehicle was carrying high-level radioactive waste or spent nuclear fuel at the time of the offense; or (3) the offense was committed with the intent to endanger the safety of any person, or with a reckless disregard for the safety of any person, and the railroad on-track equipment or mass transportation vehicle was carrying a hazardous material at the time of the offense that— (A) was required to be placarded under subpart F of part 172 of title 49, Code of Federal Regulations; and (B) is identified as class number 3, 4, 5, 6.1, or 8 and packing group I or packing group II, or class number 1, 2, or 7 under the hazardous materials table of section 172.101 of title 49, Code of Federal Regulations, shall be imprisoned for any term of years or life, and if the offense resulted in the death of any person, the person may be sentenced to death. (c) Applicability Subsection (a) applies if any of the following are true: (1) Any of the conduct required for the offense is, or, in the case of an attempt, threat, or conspiracy to engage in conduct, the conduct required for the completed offense would be, engaged in, on, against, or affecting a mass transportation provider, or a railroad carrier engaged in interstate or foreign commerce. (2) Any person travels or communicates across a State line in order to commit the offense, or transports materials across a State line in aid of the commission of the offense. (d) Definitions As used in this section— (1) the term biological agent has the meaning given to that term in section 627(1); (2) the term dangerous weapon means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, including a pocket knife with a blade of less than 2 ½ inches in length and a box cutter; (3) the term destructive device has the meaning given to that term in section 581(2); (4) the term destructive substance means an explosive substance, flammable material, infernal machine, or other chemical, mechanical, or radioactive device or material, or matter of a combustible, contaminative, corrosive, or explosive nature, except that the term radioactive device does not include any radioactive device or material used solely for medical, industrial, research, or other peaceful purposes; (5) the term hazardous material has the meaning given to that term in chapter 51 of title 49; (6) the term high-level radioactive waste has the meaning given to that term in section 2(12) of the Nuclear Waste Policy Act of 1982 ; (7) the term mass transportation has the meaning given to that term in section 5302(a)(7) of title 49, except that the term includes intercity bus transportation, school bus, charter, and sightseeing transportation and passenger vessel as that term is defined in section 2101(22) of title 46; (8) the term on-track equipment means a carriage or other contrivance that runs on rails or electromagnetic guideways; (9) the term railroad on-track equipment means a train, locomotive, tender, motor unit, freight or passenger car, or other on-track equipment used, operated, or employed by a railroad carrier; (10) the term railroad has the meaning given to that term in chapter 201 of title 49; (11) the term railroad carrier has the meaning given to that term in chapter 201 of title 49; (12) the term spent nuclear fuel has the meaning given to that term in section 2(23) of the Nuclear Waste Policy Act of 1982 ; (13) the term toxin has the meaning given to that term in section 627(2); and (14) the term vehicle means any carriage or other contrivance used, or capable of being used, as a means of transportation on land, on water, or through the air. C SEAMEN AND STOWAWAYS Sec. 1341. Drunkenness or neglect of duty by seamen. 1342. Misuse of Federal certificate, license, or document. 1343. Stowaways on vessels or aircraft. 1341. Drunkenness or neglect of duty by seamen Whoever, being a master, officer, radio operator, seaman, apprentice or other person employed on any merchant vessel, by willful breach of duty, or by reason of drunkenness, does any act tending to the immediate loss or destruction of, or serious damage to, such vessel, or tending immediately to endanger the life or limb of any person belonging to or on board of such vessel; or, by knowing breach of duty or by neglect of duty or by reason of drunkenness, refuses or omits to do any lawful act proper and requisite to be done by him for preserving such vessel from immediate loss, destruction, or serious damage, or for preserving any person belonging to or on board of such ship from immediate danger to life or limb, shall be imprisoned not more than one year. 1342. Misuse of Federal certificate, license, or document Whoever— (1) not being lawfully entitled thereto, uses, exhibits, or attempts to use or exhibit, or, with intent unlawfully to use the same, receives or possesses any certificate, license, or document issued to vessels, or officers or seamen by any officer or employee of the United States authorized by law to issue the same; (2) without authority, alters or attempts to alter any such certificate, license, or document by addition, interpolation, deletion, or erasure; (3) forges, counterfeits, or steals, or attempts to forge, counterfeit, or steal, any such certificate, license, or document; or unlawfully possesses or knowingly uses any such altered, changed, forged, counterfeit, or stolen certificate, license, or document; (4) without authority, prints or manufactures any blank form of such certificate, license, or document; (5) possesses without lawful excuse, and with intent unlawfully to use the same, any blank form of such certificate, license, or document; or (6) in any manner, transfers or negotiates such transfer of, any blank form of such certificate, license, or document, or any such altered, forged, counterfeit, or stolen certificate, license, or document, or any such certificate, license, or document to which the party transferring or receiving the same is not lawfully entitled; shall be imprisoned not more than five years. 1343. Stowaways on vessels or aircraft (a) Offense Whoever— (1) without the consent of the owner, charterer, master, or person in command of any vessel, or aircraft, with intent to obtain transportation, boards, enters or secretes himself aboard such vessel or aircraft and is thereon at the time of departure of said vessel or aircraft from a port, harbor, wharf, airport or other place within the jurisdiction of the United States; (2) with like intent, having boarded, entered or secreted himself aboard a vessel or aircraft at any place within or without the jurisdiction of the United States, remains aboard after the vessel or aircraft has left such place and is thereon at any place within the jurisdiction of the United States; or (3) with intent to obtain a ride or transportation, boards or enters any aircraft owned or operated by the United States without the consent of the person in command or other duly authorized officer or agent; shall be punished as provided in subsection (b). (b) Punishment The punishment for an offense under subsection (a) is imprisonment for not more than 5 years, but— (1) if the person commits an offense under this section, with the intent to commit serious bodily injury, and serious bodily injury occurs to any person other than a participant as a result of the offense shall be imprisoned not more than 20 years; and (2) if an individual commits an offense under this section, with the intent to cause death, and if the death of any person other than a participant occurs as a result of the offense shall be imprisoned for any number of years or for life. (c) Definition As used in this section the term aircraft includes any contrivance for navigation or flight in the air. D Shipping 1345. Violence against maritime navigation. 1346. Devices or dangerous substances in waters of the United States likely to destroy or damage Ships or to interfere with maritime commerce. 1347. Violence against aids to maritime navigation. 1348. Transportation of explosive, biological, chemical, or radioactive or nuclear materials. 1349. Transportation of terrorists. 1350. Operation of submersible vessel or semi-submersible vessel without nationality. 1345. Violence against maritime navigation (a) Offenses (1) In general A person who unlawfully and intentionally— (A) seizes or exercises control over a ship by force or threat thereof or any other form of intimidation; (B) performs an act of violence against a person on board a ship if that act is likely to endanger the safe navigation of that ship; (C) destroys a ship or causes damage to a ship or to its cargo which is likely to endanger the safe navigation of that ship; (D) places or causes to be placed on a ship, by any means whatsoever, a device or substance which is likely to destroy that ship, or cause damage to that ship or its cargo which endangers or is likely to endanger the safe navigation of that ship; (E) destroys or seriously damages maritime navigational facilities or seriously interferes with their operation, if such act is likely to endanger the safe navigation of a ship; (F) communicates information, knowing the information to be false and under circumstances in which such information may reasonably be believed, thereby endangering the safe navigation of a ship; or (G) injures or kills any person in connection with the commission or the attempted commission of any of the offenses set forth in subparagraphs (A) through (F), shall be imprisoned not more than 20 years; and if the death of any person results from conduct prohibited by this paragraph, shall be punished by death or imprisoned for any term of years or for life. (2) Threat to navigation A person who threatens to do any act prohibited under paragraph (1)(B), (C) or (E), with apparent determination and will to carry the threat into execution, if the threatened act is likely to endanger the safe navigation of the ship in question, shall be imprisoned not more than 5 years. (b) Jurisdiction There is jurisdiction over the activity prohibited in subsection (a)— (1) in the case of a covered ship, if— (A) such activity is committed— (i) against or on board a ship flying the flag of the United States at the time the prohibited activity is committed; (ii) in the United States; or (iii) by a national of the United States or by a stateless person whose habitual residence is in the United States; (B) during the commission of such activity, a national of the United States is seized, threatened, injured or killed; or (C) the offender is later found in the United States after such activity is committed; (2) in the case of a ship navigating or scheduled to navigate solely within the territorial sea or internal waters of a country other than the United States, if the offender is later found in the United States after such activity is committed; and (3) in the case of any vessel, if such activity is committed in an attempt to compel the United States to do or abstain from doing any act. (c) Bar to prosecution It is a bar to Federal prosecution under subsection (a) for conduct that occurred within the United States that the conduct involved was during or in relation to a labor dispute, and such conduct is prohibited as a felony under the law of the State in which it was committed. For purposes of this section, the term labor dispute has the meaning set forth in section 13(c) of the Act of March 23, 1932 (47 Stat. 70) (commonly known as the Norris-LaGuardia Act). (d) Delivery of suspected offender The master of a covered ship flying the flag of the United States who has reasonable grounds to believe that there is on board that ship any person who has committed an offense under Article 3 of the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation may deliver such person to the authorities of a State Party to that Convention. Before delivering such person to the authorities of another country, the master shall notify in an appropriate manner the Attorney General of the United States of the alleged offense and await instructions from the Attorney General as to what action to take. When delivering the person to a country which is a State Party to the Convention, the master shall, whenever practicable, and if possible before entering the territorial sea of such country, notify the authorities of such country of the master’s intention to deliver such person and the reasons therefor. If the master delivers such person, the master shall furnish to the authorities of such country the evidence in the master’s possession that pertains to the alleged offense. (e) Definitions As used in this section— (1) the term covered ship means a ship that is navigating or is scheduled to navigate into, through or from waters beyond the outer limit of the territorial sea of a single country or a lateral limit of that country’s territorial sea with an adjacent country; (2) the term territorial sea of the United States means all waters extending seaward to 12 nautical miles from the baselines of the United States determined in accordance with international law; and (3) the term ship means a vessel of any type whatsoever not permanently attached to the sea-bed, including dynamically supported craft, submersibles or any other floating craft, but does not include a warship, a ship owned or operated by a government when being used as a naval auxiliary or for customs or police purposes, or a ship which has been withdrawn from navigation or laid up. 1346. Devices or dangerous substances in waters of the United States likely to destroy or damage ships or to interfere with maritime commerce (a) Offense Whoever knowingly places in navigable waters of the United States a device or dangerous substance which is likely— (1) to destroy or cause damage to a vessel or its cargo; (2) to cause interference with the safe navigation of vessels, or interference with maritime commerce (such as by damaging or destroying marine terminals, facilities, or any other marine structure or entity used in maritime commerce); with the intent of causing such destruction or damage, interference with the safe navigation of vessels, or interference with maritime commerce shall be imprisoned for any term of years or for life. (b) Special rule for offense resulting in death Whoever causes the death of any person by engaging in conduct prohibited under subsection (a) may be punished by death. (c) Rule of construction Nothing in this section shall be construed to apply to otherwise lawfully authorized and conducted activities of the United States Government. (d) Definitions As used in this section— (1) the term dangerous substance means any solid, liquid, or gaseous material that has the capacity to cause damage to a vessel or its cargo, or cause interference with the safe navigation of a vessel; and (2) the term device means any object that, because of its physical, mechanical, structural, or chemical properties, has the capacity to cause damage to a vessel or its cargo, or cause interference with the safe navigation of a vessel. 1347. Violence against aids to maritime navigation Whoever intentionally destroys, seriously damages, alters, moves, or tampers with any aid to maritime navigation maintained by the Saint Lawrence Seaway Development Corporation under the authority of section 4 of the Act of May 13, 1954 (68 Stat. 92), by the Coast Guard pursuant to section 81 of title 14, or lawfully maintained under authority granted by the Coast Guard pursuant to section 83 of title 14, if such act endangers or is likely to endanger the safe navigation of a ship, shall imprisoned for not more than 20 years. 1348. Transportation of explosive, biological, chemical, or radioactive or nuclear materials (a) In general Whoever knowingly transports aboard any vessel within the United States and on waters subject to the jurisdiction of the United States or any vessel outside the United States and on the high seas or having United States nationality an explosive or incendiary device, biological agent, chemical weapon, or radioactive or nuclear material, knowing that any such item is intended to be used to commit an offense listed in section 273(g)(3)(B), shall be imprisoned for any term of years or for life. (b) Causing death Whoever causes the death of a person by engaging in conduct prohibited by subsection (a) may be punished by death. (c) Definitions In this section: (1) Biological agent The term biological agent means any biological agent, toxin, or vector (as those terms are defined in section 627). (2) By-product material The term by-product material has the meaning given that term in section 11(e) of the Atomic Energy Act of 1954 . (3) Chemical weapon The term chemical weapon has the meaning given that term in section 636(1). (4) Explosive or incendiary device The term explosive or incendiary device has the meaning given the term in section 296(c)(4) and includes explosive materials, as that term is defined in section 611(1) and explosive as defined in section 614(j). (5) Nuclear material The term nuclear material has the meaning given that term in section 601(f)(1). (6) Radioactive material The term radioactive material means— (A) source material and special nuclear material, but does not include natural or depleted uranium; (B) nuclear by-product material; (C) material made radioactive by bombardment in an accelerator; or (D) all refined isotopes of radium. (7) Source material The term source material has the meaning given that term in section 11(z) of the Atomic Energy Act of 1954 . (8) Special nuclear material The term special nuclear material has the meaning given that term in section 11(aa) of the Atomic Energy Act of 1954 . 1349. Transportation of terrorists (a) In general Whoever knowingly and intentionally transports any terrorist aboard any vessel within the United States and on waters subject to the jurisdiction of the United States or any vessel outside the United States and on the high seas or having United States nationality, knowing that the transported person is a terrorist, shall be imprisoned for any term of years or for life. (b) Defined term In this section, the term terrorist means any person who intends to commit, or is avoiding apprehension after having committed, an offense listed under section 273(g)(3)(B). 1350. Operation of submersible vessel or semi-submersible vessel without nationality (a) Offense Whoever knowingly operates, by any means, or embarks in any submersible vessel or semi-submersible vessel that is without nationality and that is navigating or has navigated into, through, or from waters beyond the outer limit of the territorial sea of a single country or a lateral limit of that country’s territorial sea with an adjacent country, with the intent to evade detection, shall be imprisoned not more than 15 years. (b) Evidence of intent To evade detection For purposes of subsection (a), the presence of any of the indicia described in paragraph (1)(A), (E), (F), or (G), or in paragraph (4), (5), or (6), of section 70507(b) of title 46 may be considered, in the totality of the circumstances, to be prima facie evidence of intent to evade detection. (c) Extraterritorial jurisdiction There is extraterritorial Federal jurisdiction over an offense under this section. (d) Claim of nationality or registry A claim of nationality or registry under this section includes only— (1) possession on board the vessel and production of documents evidencing the vessel’s nationality as provided in article 5 of the 1958 Convention on the High Seas; (2) flying its nation’s ensign or flag; or (3) a verbal claim of nationality or registry by the master or individual in charge of the vessel. (e) Affirmative defenses (1) In general It is an affirmative defense to a prosecution for a violation of subsection (a), which the defendant has the burden to prove by a preponderance of the evidence, that the submersible vessel or semi-submersible vessel involved was, at the time of the offense— (A) a vessel of the United States or lawfully registered in a foreign nation as claimed by the master or individual in charge of the vessel when requested to make a claim by an officer of the United States authorized to enforce applicable provisions of United States law; (B) classed by and designed in accordance with the rules of a classification society; (C) lawfully operated in government-regulated or licensed activity, including commerce, research, or exploration; or (D) equipped with and using an operable automatic identification system, vessel monitoring system, or long range identification and tracking system. (2) Production of documents The affirmative defenses provided by this subsection are proved conclusively by the production of— (A) government documents evidencing the vessel’s nationality at the time of the offense, as provided in article 5 of the 1958 Convention on the High Seas; (B) a certificate of classification issued by the vessel’s classification society upon completion of relevant classification surveys and valid at the time of the offense; or (C) government documents evidencing licensure, regulation, or registration for commerce, research, or exploration. (f) Federal activities excepted Nothing in this section applies to lawfully authorized activities carried out by or at the direction of the United States Government. (g) Applicability of other provisions Sections 70504 and 70505 of title 46 apply to offenses under this section in the same manner as they apply to offenses under section 70503 of such title. (h) Definitions In this section, the terms submersible vessel , semi-submersible vessel , vessel of the United States , and vessel without nationality have the meaning given those terms in section 70502 of title 46. E DESTRUCTION OF, OR INTERFERENCE WITH, VESSELS OR MARITIME FACILITIES 1351. Nonapplication of subchapter. 1352. Destruction of vessel or maritime facility. 1353. Imparting or conveying false information. 1354. Bar to prosecution. 1355. Bribery affecting port Security. 1351. Nonapplication of subchapter Nothing in this subchapter applies to otherwise lawful activities carried out by or at the direction of the United States Government. 1352. Destruction of vessel or maritime facility (a) Offense Whoever, within waters subject to the jurisdiction of the United States or outside the United States, knowingly— (1) sets fire to, damages, destroys, disables, or wrecks any vessel; (2) places or causes to be placed a destructive device, as defined in section 581(2), destructive substance, as defined in section 1311, or an explosive, as defined in section 611, in, upon, or near, or otherwise makes or causes to be made unworkable or unusable or hazardous to work or use, any vessel, or any part or other materials used or intended to be used in connection with the operation of a vessel; (3) sets fire to, damages, destroys, or disables or places a destructive device or substance in, upon, or near, any maritime facility, including any aid to navigation, lock, canal, or vessel traffic service facility or equipment; (4) interferes by force or violence with the operation of any maritime facility, including any aid to navigation, lock, canal, or vessel traffic service facility or equipment, if such action is likely to endanger the safety of any vessel in navigation; (5) sets fire to, damages, destroys, or disables or places a destructive device or substance in, upon, or near, any appliance, structure, property, machine, or apparatus, or any facility or other material used, or intended to be used, in connection with the operation, maintenance, loading, unloading, or storage of any vessel or any passenger or cargo carried or intended to be carried on any vessel; (6) performs an act of violence against or incapacitates any individual on any vessel, if such act of violence or incapacitation is likely to endanger the safety of the vessel or those on board; (7) performs an act of violence against a person that causes or is likely to cause serious bodily injury in, upon, or near, any appliance, structure, property, machine, or apparatus, or any facility or other material used, or intended to be used, in connection with the operation, maintenance, loading, unloading, or storage of any vessel or any passenger or cargo carried or intended to be carried on any vessel; or (8) communicates information, knowing the information to be false and under circumstances in which such information may reasonably be believed, thereby endangering the safety of any vessel in navigation; shall be imprisoned not more than 20 years. (b) Limitation Subsection (a) does not apply to any person that is engaging in otherwise lawful activity, such as normal repair and salvage activities, and the transportation of hazardous materials regulated and allowed to be transported under chapter 51 of title 49. (c) Penalty Whoever is convicted under subsection (a) as a result of an act involving a vessel that, at the time of the violation, carried high-level radioactive waste (as that term is defined in section 2(12) of the Nuclear Waste Policy Act of 1982 or spent nuclear fuel (as that term is defined in section 2(23) of that Act), shall be imprisoned for any term of years or for life. (d) Penalty when death results Whoever is convicted under subsection (a) and intended to cause death by the prohibited conduct, if the conduct resulted in the death of any person, shall be subject to the death penalty or to imprisonment for any term of years or for life. (e) Threats Whoever knowingly and intentionally imparts or conveys any threat to do an act which would violate this subchapter, with an apparent determination and will to carry the threat into execution, shall be imprisoned not more than 5 years and is liable for all costs incurred as a result of such threat. (f) Extraterritorial jurisdiction There is extraterritorial jurisdiction over an offense under subsection (a). 1353. Imparting or conveying false information (a) In general Whoever imparts or conveys or causes to be imparted or conveyed false information, knowing the information to be false, concerning an attempt or alleged attempt being made or to be made, to do any act that would be a crime prohibited by this subchapter or by subchapter D, shall be subject to a civil penalty of not more than $5,000, which shall be recoverable in a civil action brought in the name of the United States. (b) Malicious conduct Whoever knowingly, intentionally, maliciously, or with reckless disregard for the safety of human life, imparts or conveys or causes to be imparted or conveyed false information, knowing the information to be false, concerning an attempt or alleged attempt to do any act which would be a crime prohibited by this subchapter or by subchapter D, shall be imprisoned not more than 5 years. (c) Jurisdiction Jurisdiction over an offense under this section shall be determined in accordance with the provisions applicable to the offense under section 1352, or under subchapter D, to which the imparted or conveyed false information relates, as applicable. 1354. Bar to prosecution (a) In general It is a bar to prosecution under section 1352 or 1353 that— (1) the conduct in question occurred within the United States in relation to a labor dispute, and such conduct is prohibited as a felony under the law of the State in which it was committed; or (2) such conduct is prohibited as a misdemeanor, and not as a felony, under the law of the State in which it was committed. (b) Definition In this section, the term labor dispute has the meaning given that term in section 13(c) of the Act of March 23, 1932 (47 Stat. 70) (commonly known as the Norris-LaGuardia Act). 1355. Bribery affecting port security (a) In general Whoever knowingly— (1) directly or indirectly, corruptly gives, offers, or promises anything of value to any public or private person, with intent to commit international terrorism or domestic terrorism (as those terms are defined under section 283), to— (A) influence any action or any person to commit or aid in committing, or collude in, or allow, any fraud, or make opportunity for the commission of any fraud affecting any secure or restricted area or seaport; or (B) induce any official or person to do or omit to do any act in violation of the lawful duty of such official or person that affects any secure or restricted area or seaport; or (2) directly or indirectly, corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally or for any other person or entity in return for— (A) being influenced in the performance of any official act affecting any secure or restricted area or seaport; and (B) knowing that such influence will be used to commit, or plan to commit, international or domestic terrorism, shall be imprisoned not more than 15 years. (b) Definition In this section, the term secure or restricted area means an area of a vessel or facility designated as secure in an approved security plan, as required under section 70103 of title 46, and the rules and regulations promulgated under that section. 35 REGULATORY CRIMES Subchapter A. Animals, birds, fish, and plants B. Gambling C. Protection of trade secrets D. Trafficking in contraband cigarettes E. Child support F. Obscenity G. Money laundering A ANIMALS, BIRDS, FISH, AND PLANTS 1371. Hunting, fishing, trapping; disturbance or injury on wildlife refuges. 1372. Importation or shipment of injurious mammals, birds, fish (including mollusks and crustacea), amphibia, and reptiles; permits, specimens for museums; regulations. 1373. Force, violence, and threats involving animal enterprises. 1374. Use of aircraft or motor vehicles to hunt certain wild horses or burros; pollution of watering holes. 1375. Animal crush videos. 1376. Enforcement of animal fighting prohibitions. 1371. Hunting, fishing, trapping; disturbance or injury on wildlife refuges Whoever, except in compliance with rules and regulations promulgated by authority of law, hunts, traps, captures, knowingly disturbs or kills any bird, fish, or wild animal of any kind whatever, or takes or destroys the eggs or nest of any such bird or fish, on any lands or waters which are set apart or reserved as sanctuaries, refuges or breeding grounds for such birds, fish, or animals under any law of the United States or knowingly injures, molests, or destroys any property of the United States on any such lands or waters, shall be imprisoned not more than six months. 1372. Importation or shipment of injurious mammals, birds, fish (including mollusks and crustacea), amphibia, and reptiles; permits, specimens for museums; regulations (a) Prohibition The importation into the United States, any territory of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any possession of the United States, or any shipment between the continental United States, the District of Columbia, Hawaii, the Commonwealth of Puerto Rico, or any possession of the United States, of the mongoose of the species Herpestes auropunctatus; of the species of so-called flying foxes or fruit bats of the genus Pteropus; of the zebra mussel of the species Dreissena polymorpha; of the bighead carp of the species Hypophthalmichthys nobilis; and such other species of wild mammals, wild birds, fish (including mollusks and crustacea), amphibians, reptiles, brown tree snakes, or the offspring or eggs of any of the foregoing which the Secretary of the Interior may prescribe by regulation to be injurious to human beings, to the interests of agriculture, horticulture, forestry, or to wildlife or the wildlife resources of the United States, is hereby prohibited. All such prohibited mammals, birds, fish (including mollusks and crustacea), amphibians, and reptiles, and the eggs or offspring therefrom, shall be promptly exported or destroyed at the expense of the importer or consignee. Nothing in this section shall be construed to repeal or modify any provision of the Public Health Service Act or Federal Food, Drug, and Cosmetic Act . Also, this section does not authorize any action with respect to the importation of any plant pest as defined in the Plant Protection Act, insofar as such importation is subject to regulation under that Act. (b) Definitions As used in subsection (a), the term wild relates to any creatures that, whether or not raised in captivity, normally are found in a wild state; and the terms wildlife and wildlife resources include those resources that comprise wild mammals, wild birds, fish (including mollusks and crustacea), and all other classes of wild creatures whatsoever, and all types of aquatic and land vegetation upon which such wildlife resources are dependent. (c) Exceptions The Secretary of the Interior, if the Secretary finds that there has been a proper showing of responsibility and continued protection of the public interest and health, shall permit the importation for zoological, educational, medical, and scientific purposes of any mammal, bird, fish, (including mollusks and crustacea), amphibian, or reptile, or the offspring or eggs thereof, where such importation would otherwise be prohibited under this subchapter. This subchapter does not restrict importations by Federal agencies for their own use. (d) Exclusion Nothing in this section restricts the importation of dead natural-history specimens for museums or for scientific collections, or the importation of domesticated canaries, parrots (including all other species of psittacine birds), or such other cage birds as the Secretary of the Interior may designate. (e) Enforcement The Secretary of the Treasury and the Secretary of the Interior shall enforce this subsection, including any regulations issued hereunder, and, if requested by the Secretary of the Interior, the Secretary of the Treasury may require the furnishing of an appropriate bond when desirable to insure compliance with such provisions. (f) Offense Whoever violates this section, or any regulation issued pursuant thereto, shall be imprisoned not more than six months. 1373. Force, violence, and threats involving animal enterprises (a) Offense Whoever travels in interstate or foreign commerce, or uses or causes to be used the mail or any facility of interstate or foreign commerce— (1) for the purpose of damaging or interfering with the operations of an animal enterprise; and (2) in connection with such purpose— (A) intentionally damages or causes the loss of any real or personal property (including animals or records) used by an animal enterprise, or any real or personal property of a person or entity having a connection to, relationship with, or transactions with an animal enterprise; or (B) intentionally places a person in reasonable fear of the death of, or serious bodily injury to that person, a member of the family (as defined in section 136) of that person, or a spouse or intimate partner of that person by a course of conduct involving threats, acts of vandalism, property damage, criminal trespass, harassment, or intimidation; shall be punished as provided for in subsection (b). (b) Penalties The punishment for a violation of subsection (a) is— (1) a fine under this title or imprisonment for not more than 1 year, or both, if the offense does not instill in another the reasonable fear of serious bodily injury or death and— (A) the offense results in no economic damage or bodily injury; or (B) the offense results in economic damage that does not exceed $10,000; (2) a fine under this title or imprisonment for not more than 5 years, or both, if no bodily injury occurs and— (A) the offense results in economic damage exceeding $10,000 but not exceeding $100,000; or (B) the offense instills in another the reasonable fear of serious bodily injury or death; (3) a fine under this title or imprisonment for not more than 10 years, or both, if— (A) the offense results in economic damage exceeding $100,000; or (B) the offense results in substantial bodily injury to another individual; (4) a fine under this title or imprisonment for not more than 20 years, or both, if— (A) the offense results in serious bodily injury to another individual; or (B) the offense results in economic damage exceeding $1,000,000; and (5) imprisonment for life or for any terms of years, a fine under this title, or both, if the offense results in death of another individual. (c) Restitution An order of restitution under this title with respect to a violation of this section may also include restitution— (1) for the reasonable cost of repeating any experimentation that was interrupted or invalidated as a result of the offense; (2) for the loss of food production or farm income reasonably attributable to the offense; and (3) for any other economic damage, including any losses or costs caused by economic disruption, resulting from the offense. (d) Definitions As used in this section— (1) the term animal enterprise means— (A) a commercial or academic enterprise that uses or sells animals or animal products for profit, food or fiber production, agriculture, education, research, or testing; (B) a zoo, aquarium, animal shelter, pet store, breeder, furrier, circus, or rodeo, or other lawful competitive animal event; or (C) any fair or similar event intended to advance agricultural arts and sciences; (2) the term course of conduct means a pattern of conduct composed of 2 or more acts, evidencing a continuity of purpose; (3) the term economic damage — (A) means the replacement costs of lost or damaged property or records, the costs of repeating an interrupted or invalidated experiment, the loss of profits, or increased costs, including losses and increased costs resulting from threats, acts or vandalism, property damage, trespass, harassment, or intimidation taken against a person or entity on account of that person’s or entity’s connection to, relationship with, or transactions with the animal enterprise; but (B) does not include any lawful economic disruption (including a lawful boycott) that results from lawful public, governmental, or business reaction to the disclosure of information about an animal enterprise; (4) the term substantial bodily injury means— (A) deep cuts and serious burns or abrasions; (B) short-term or nonobvious disfigurement; (C) fractured or dislocated bones, or torn members of the body; (D) significant physical pain; (E) illness; (F) short-term loss or impairment of the function of a bodily member, organ, or mental faculty; or (G) any other significant injury to the body. (e) Rules of construction Nothing in this section shall be construed— (1) to prohibit any expressive conduct (including peaceful picketing or other peaceful demonstration) protected from legal prohibition by the First Amendment to the Constitution; or (2) to create new remedies for interference with activities protected by the free speech or free exercise clauses of the First Amendment to the Constitution, regardless of the point of view expressed, or to limit any existing legal remedies for such interference. 1374. Use of aircraft or motor vehicles to hunt certain wild horses or burros; pollution of watering holes (a) Aircraft for hunting Whoever uses an aircraft or a motor vehicle to hunt, for the purpose of capturing or killing, any wild unbranded horse, mare, colt, or burro running at large on any of the public land or ranges shall be imprisoned not more than six months. (b) Pollution of watering holes Whoever pollutes or causes the pollution of any watering hole on any of the public land or ranges for the purpose of trapping, killing, wounding, or maiming any of the animals referred to in subsection (a) of this section shall be imprisoned not more than six months. (c) Definitions As used in subsection (a) of this section— (1) the term aircraft means any contrivance used for flight in the air; and (2) the term motor vehicle includes an automobile, automobile truck, automobile wagon, motorcycle, or any other self-propelled vehicle designed for running on land. 1375. Animal crush videos (a) Definition In this section the term animal crush video means any photograph, motion-picture film, video or digital recording, or electronic image that— (1) depicts actual conduct in which 1 or more living non-human mammals, birds, reptiles, or amphibians is intentionally crushed, burned, drowned, suffocated, impaled, or otherwise subjected to serious bodily injury; and (2) is obscene. (b) Prohibitions (1) Creation of animal crush videos It shall be unlawful for any person to knowingly create an animal crush video, if— (A) the person intends or has reason to know that the animal crush video will be distributed in, or using a means or facility of, interstate or foreign commerce; or (B) the animal crush video is distributed in, or using a means or facility of, interstate or foreign commerce. (2) Distribution of animal crush videos It shall be unlawful for any person to knowingly sell, market, advertise, exchange, or distribute an animal crush video in, or using a means or facility of, interstate or foreign commerce. (c) Extraterritorial application Subsection (b) applies to the knowing sale, marketing, advertising, exchange, distribution, or creation of an animal crush video outside of the United States, if— (1) the person engaging in such conduct intends or has reason to know that the animal crush video will be transported into the United States or its territories or possessions; or (2) the animal crush video is transported into the United States or its territories or possessions. (d) Penalty Any person who violates subsection (b) shall be fined under this title, imprisoned for not more than 7 years, or both. (e) Exceptions (1) In general This section does not apply with regard to any visual depiction of— (A) customary and normal veterinary or agricultural husbandry practices; (B) the slaughter of animals for food; or (C) hunting, trapping, or fishing. (2) Good-faith distribution This section does not apply to the good-faith distribution of an animal crush video to— (A) a law enforcement agency; or (B) a third party for the sole purpose of analysis to determine if referral to a law enforcement agency is appropriate. 1376. Enforcement of animal fighting prohibitions Whoever violates subsection (a), (b), (c), or (e) of section 26 of the Animal Welfare Act shall be imprisoned for not more than 5 years. B GAMBLING Sec. 1381. Transmission of wagering information; penalties. 1382. Definitions. 1381. Transmission of wagering information; penalties (a) Offense Whoever, being engaged in the business of betting or wagering, knowingly uses a wire communication facility for the transmission in interstate or foreign commerce of bets or wagers or information assisting in the placing of bets or wagers on any sporting event or contest, or for the transmission of a wire communication which entitles the recipient to receive money or credit as a result of bets or wagers, or for information assisting in the placing of bets or wagers, shall be imprisoned not more than two years. (b) Exclusion Nothing in this section shall be construed to prevent the transmission in interstate or foreign commerce of information for use in news reporting of sporting events or contests, or for the transmission of information assisting in the placing of bets or wagers on a sporting event or contest from a State or foreign country where betting on that sporting event or contest is legal into a State or foreign country in which such betting is legal. (c) Notification to common carrier When any common carrier, subject to the jurisdiction of the Federal Communications Commission, is notified in writing by a Federal, State, or local law enforcement agency, acting within its jurisdiction, that any facility furnished by it is being used or will be used for the purpose of transmitting or receiving gambling information in interstate or foreign commerce in violation of Federal, State or local law, it shall discontinue or refuse, the leasing, furnishing, or maintaining of such facility, after reasonable notice to the subscriber, but no damages, penalty or forfeiture, civil or criminal, shall be found against any common carrier for any act done in compliance with any notice received from a law enforcement agency. Nothing in this section prejudices the right of any person affected thereby to secure an appropriate determination, as otherwise provided by law, in a Federal court or in a State or local tribunal or agency, that such facility should not be discontinued or removed, or should be restored. 1382. Definition As used in this subchapter, the term wire communication facility means any and all instrumentalities, personnel, and services (among other things, the receipt, forwarding, or delivery of communications) used or useful in the transmission of writings, signs, pictures, and sounds of all kinds by aid of wire, cable, or other like connection between the points of origin and reception of such transmission. C PROTECTION OF TRADE SECRETS 1391. Economic espionage. 1392. Theft of trade secrets. 1393. Exceptions to prohibitions. 1394. Orders to preserve confidentiality. 1395. Civil proceedings to enjoin violations. 1396. Applicability to conduct outside the United States. 1397. Definitions. 1391. Economic espionage (a) In general Whoever, intending or knowing that the offense will benefit any foreign government, foreign instrumentality, or foreign agent, knowingly— (1) steals, or without authorization appropriates, takes, carries away, or conceals, or by fraud, artifice, or deception obtains a trade secret; (2) without authorization copies, duplicates, sketches, draws, photographs, downloads, uploads, alters, destroys, photocopies, replicates, transmits, delivers, sends, mails, communicates, or conveys a trade secret; or (3) receives, buys, or possesses a trade secret, knowing the same to have been stolen or appropriated, obtained, or converted without authorization; shall, except as provided in subsection (b), be imprisoned not more than 15 years. (b) Organizations Any organization that commits any offense described in subsection (a) shall be fined not more than the greater of $10,000,000 or 3 times the value of the stolen trade secret to the organization, including expenses for research and design and other costs of reproducing the trade secret that the organization has thereby avoided. 1392. Theft of trade secrets (a) Offense Whoever, with intent to convert a trade secret, that is related to a product or service used in or intended for use in interstate or foreign commerce, to the economic benefit of anyone other than the owner thereof, and intending or knowing that the offense will, injure any owner of that trade secret, knowingly— (1) steals, or without authorization appropriates, takes, carries away, or conceals, or by fraud, artifice, or deception obtains such information; (2) without authorization copies, duplicates, sketches, draws, photographs, downloads, uploads, alters, destroys, photocopies, replicates, transmits, delivers, sends, mails, communicates, or conveys such information; or (3) receives, buys, or possesses such information, knowing the same to have been stolen or appropriated, obtained, or converted without authorization; shall, except as provided in subsection (b), be imprisoned not more than 10 years. (b) Organizations Any organization that commits any offense described in subsection (a) shall be fined not more than $5,000,000. 1393. Exceptions to prohibitions This subchapter does not prohibit— (1) any otherwise lawful activity conducted by a governmental entity of the United States, a State, or a political subdivision of a State; or (2) the reporting of a suspected violation of law to any governmental entity of the United States, a State, or a political subdivision of a State, if such entity has lawful authority with respect to that violation. 1394. Orders to preserve confidentiality In any prosecution or other proceeding under this subchapter and any forfeiture relating to a violation of this subchapter, the court shall enter such orders and take such other action as may be necessary and appropriate to preserve the confidentiality of trade secrets, consistent with the requirements of the Federal Rules of Criminal and Civil Procedure, the Federal Rules of Evidence, and all other applicable laws. An interlocutory appeal by the United States shall lie from a decision or order of a district court authorizing or directing the disclosure of any trade secret. 1395. Civil proceedings to enjoin violations (a) Civil action The Attorney General may, in a civil action, obtain appropriate injunctive relief against any violation of this subchapter. (b) Exclusive jurisdiction The district courts of the United States shall have exclusive original jurisdiction of civil actions under this section. 1396. Applicability to conduct outside the United States This subchapter also applies to conduct occurring outside the United States if— (1) the offender is a natural person who is a citizen or permanent resident alien of the United States, or an organization organized under the laws of the United States or a State or political subdivision thereof; or (2) an act in furtherance of the offense was committed in the United States. 1397. Definitions As used in this subchapter— (1) the term foreign instrumentality means any agency, bureau, ministry, component, institution, association, or any legal, commercial, or business organization, corporation, firm, or entity that is substantially owned, controlled, sponsored, commanded, managed, or dominated by a foreign government; (2) the term foreign agent means any officer, employee, proxy, servant, delegate, or representative of a foreign government; (3) the term trade secret means all forms and types of financial, business, scientific, technical, economic, or engineering information, including patterns, plans, compilations, program devices, formulas, designs, prototypes, methods, techniques, processes, procedures, programs, or codes, whether tangible or intangible, and whether or how stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing if— (A) the owner thereof has taken reasonable measures to keep such information secret; and (B) the information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable through proper means by, the public; and (4) the term owner , with respect to a trade secret, means the person or entity in whom or in which rightful legal or equitable title to, or license in, the trade secret is reposed. D TRAFFICKING IN CONTRABAND CIGARETTES 1411. Definitions. 1412. Unlawful Acts. 1413. Recordkeeping, reporting, and inspection. 1414. Penalties. 1415. Enforcement and regulations. 1411. Definitions As used in this chapter— (1) the term cigarette means— (A) any roll of tobacco wrapped in paper or in any substance not containing tobacco; and (B) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in subparagraph (A); (2) the term contraband cigarettes means a quantity in excess of 10,000 cigarettes, which bear no evidence of the payment of applicable State or local cigarette taxes in the State or locality where such cigarettes are found, if the State or local government requires a stamp, impression, or other indication to be placed on packages or other containers of cigarettes to evidence payment of cigarette taxes, and which are in the possession of any person other than— (A) a person holding a permit issued pursuant to chapter 52 of the Internal Revenue Code of 1986 as a manufacturer of tobacco products or as an export warehouse proprietor, or a person operating a customs bonded warehouse pursuant to section 311 or 555 of the Tariff Act of 1930 or an agent of such person; (B) a common or contract carrier transporting the cigarettes involved under a proper bill of lading or freight bill which states the quantity, source, and destination of such cigarettes; (C) a person— (i) who is licensed or otherwise authorized by the State where the cigarettes are found to account for and pay cigarette taxes imposed by such State; and (ii) who has complied with the accounting and payment requirements relating to such license or authorization with respect to the cigarettes involved; or (D) an officer, employee, or other agent of the United States or a State, or any department, agency, or instrumentality of the United States or a State (including any political subdivision of a State) having possession of such cigarettes in connection with the performance of official duties; (3) the term common or contract carrier means a carrier holding a certificate of convenience and necessity, a permit for contract carrier by motor vehicle, or other valid operating authority under subtitle IV of title 49, or under equivalent operating authority from a regulatory agency of the United States or of any State; (4) the term Attorney General means the Attorney General of the United States; (5) the term smokeless tobacco means any finely cut, ground, powdered, or leaf tobacco that is intended to be placed in the oral or nasal cavity or otherwise consumed without being combusted; (6) the term contraband smokeless tobacco means a quantity in excess of 500 single-unit consumer-sized cans or packages of smokeless tobacco, or their equivalent, that are in the possession of any person other than— (A) a person holding a permit issued pursuant to chapter 52 of the Internal Revenue Code of 1986 as manufacturer of tobacco products or as an export warehouse proprietor, a person operating a customs bonded warehouse pursuant to section 311 or 555 of the Tariff Act of 1930 , or an agent of such person; (B) a common carrier transporting such smokeless tobacco under a proper bill of lading or freight bill which states the quantity, source, and designation of such smokeless tobacco; (C) a person who— (i) is licensed or otherwise authorized by the State where such smokeless tobacco is found to engage in the business of selling or distributing tobacco products; and (ii) has complied with the accounting, tax, and payment requirements relating to such license or authorization with respect to such smokeless tobacco; or (D) an officer, employee, or agent of the United States or a State, or any department, agency, or instrumentality of the United States or a State (including any political subdivision of a State), having possession of such smokeless tobacco in connection with the performance of official duties. 1412. Unlawful Acts It shall be unlawful for any person knowingly to ship, transport, receive, possess, sell, distribute, or purchase contraband cigarettes or contraband smokeless tobacco. 1413. Recordkeeping, reporting, and inspection (a) Recordkeeping Whoever ships, sells, or distributes any quantity of cigarettes in excess of 10,000, or any quantity of smokeless tobacco in excess of 500 single-unit consumer-sized cans or packages, in a single transaction shall maintain such information about the shipment, receipt, sale, and distribution of cigarettes as the Attorney General may prescribe by rule or regulation. The Attorney General may require such person to keep such information as the Attorney General considers appropriate for purposes of enforcement of this subchapter, including— (1) the name, address, destination (including street address), vehicle license number, driver’s license number, signature of the person receiving such cigarettes, and the name of the purchaser; (2) a declaration of the specific purpose of the receipt (personal use, resale, or delivery to another); and (3) a declaration of the name and address of the recipient’s principal in all cases when the recipient is acting as an agent. Such information shall be contained on business records kept in the normal course of business. (b) Reporting Whoever, except for a tribal government, engages in a delivery sale, and who ships, sells, or distributes any quantity in excess of 10,000 cigarettes, or any quantity in excess of 500 single-unit consumer-sized cans or packages of smokeless tobacco, or their equivalent, within a single month, shall submit to the Attorney General, pursuant to rules or regulations prescribed by the Attorney General, a report that sets forth the following: (1) The person’s beginning and ending inventory of cigarettes and cans or packages of smokeless tobacco (in total) for such month. (2) The total quantity of cigarettes and cans or packages of smokeless tobacco that the person received within such month from each other person (itemized by name and address). (3) The total quantity of cigarettes and cans or packages of smokeless tobacco that the person distributed within such month to each person (itemized by name and address) other than a retail purchaser. (c) Inspection (1) Any officer of the Bureau of Alcohol, Tobacco, Firearms, and Explosives may, during normal business hours, enter the premises of any person described in subsection (a) or (b) for the purposes of inspecting— (A) any records or information required to be maintained by the person under this chapter; or (B) any cigarettes or smokeless tobacco kept or stored by the person at the premises. (2) The district courts of the United States shall have the authority in a civil action under this subsection to compel inspections authorized by paragraph (1). (3) Whoever denies access to an officer under paragraph (1), or who fails to comply with an order issued under paragraph (2), shall be subject to a civil penalty in an amount not to exceed $10,000. (d) Others to receive reports Any report required to be submitted under this subchapter to the Attorney General shall also be submitted to the Secretary of the Treasury and to the attorneys general and the tax administrators of the States from where the shipments, deliveries, or distributions both originated and concluded. (e) Delivery sale defined As used in this section, the term delivery sale means any sale of cigarettes or smokeless tobacco in interstate commerce to a consumer if— (1) the consumer submits the order for such sale by means of a telephone or other method of voice transmission, the mails, or the Internet or other online service, or by any other means where the consumer is not in the same physical location as the seller when the purchase or offer of sale is made; or (2) the cigarettes or smokeless tobacco are delivered by use of the mails, common carrier, private delivery service, or any other means where the consumer is not in the same physical location as the seller when the consumer obtains physical possession of the cigarettes or smokeless tobacco. 1414. Penalties (a) 1412 (a) violations Whoever knowingly violates section 1412(a) shall be imprisoned not more than five years. (b) 1413 (a) and 1416 violations Whoever knowingly violates any rule or regulation promulgated under section 1413(a) or 1416 or violates section 1412(b) shall be imprisoned not more than three years. 1415. Enforcement and regulations (a) Generally The Attorney General, subject to section 1413(a), shall enforce this subchapter and may prescribe rules and regulations to carry out this subchapter. (b) State enforcement through civil actions (1) A State, through its attorney general, a local government, through its chief law enforcement officer (or a designee thereof), or any person who holds a permit under chapter 52 of the Internal Revenue Code of 1986, may bring an action in the United States district courts to prevent and restrain violations of this subchapter by any person (or by any person controlling such person), except that any person who holds a permit under chapter 52 of the Internal Revenue Code of 1986 may not bring such an action against a State or local government. No civil action may be commenced under this paragraph against an Indian tribe or an Indian in Indian country (as defined in section 871). (2) A State, through its attorney general, or a local government, through its chief law enforcement officer (or a designee thereof), may in a civil action under paragraph (1) also obtain any other appropriate relief for violations of this subchapter from any person (or by any person controlling such person), including civil penalties, money damages, and injunctive or other equitable relief. Nothing in this chapter abrogates or constitutes a waiver of any sovereign immunity of a State or local government, or an Indian tribe against any unconsented lawsuit under this chapter, or otherwise restricts, expands, or modifies any sovereign immunity of a State or local government, or an Indian tribe. E CHILD SUPPORT Sec. 1431. Failure to pay legal child support obligations. 1431. Failure to pay legal child support obligations (a) Offense Whoever— (1) knowingly fails to pay a support obligation with respect to a child who resides in another State, if such obligation has remained unpaid for a period longer than 1 year, or is greater than $5,000; (2) travels in interstate or foreign commerce with the intent to evade a support obligation, if such obligation has remained unpaid for a period longer than 1 year, or is greater than $5,000; or (3) knowingly fails to pay a support obligation with respect to a child who resides in another State, if such obligation has remained unpaid for a period longer than 2 years, or is greater than $10,000; shall be punished as provided in subsection (c). (b) Presumption The existence of a support obligation that was in effect for the time period charged in the indictment or information creates a rebuttable presumption that the obligor has the ability to pay the support obligation for that time period. (c) Punishment The punishment for an offense under this section is— (1) in the case of a first offense under subsection (a)(1), imprisonment for not more than 6 months; and (2) in the case of an offense under paragraph (2) or (3) of subsection (a), or a second or subsequent offense under subsection (a)(1), imprisonment for not more than 2 years. (d) Venue With respect to an offense under this section, an action may be inquired of and prosecuted in a district court of the United States for— (1) the district in which the child who is the subject of the support obligation involved resided during a period during which a person described in subsection (a) (referred to in this subsection as an obligor ) failed to meet that support obligation; (2) the district in which the obligor resided during a period described in paragraph (1); or (3) any other district with jurisdiction otherwise provided for by law. (e) Definitions As used in this section— (1) the term Indian tribe has the meaning given that term in section 102 of the Federally Recognized Indian Tribe List Act of 1994; and (2) the term support obligation means any amount determined under a court order or an order of an administrative process pursuant to the law of a State or of an Indian tribe to be due from a person for the support and maintenance of a child or of a child and the parent with whom the child is living. F OBSCENITY 1441. Mailing obscene or crime-inciting matter. 1442. Importation or transportation of obscene matters. 1443. Production and transportation of obscene matters for sale or distribution. 1444. Engaging in the business of selling or transferring obscene matter. 1445. Obscene visual representations of the sexual abuse of children. 1446. Presumptions. 1447. Transfer of obscene material to minor. 1441. Mailing obscene or crime-inciting matter (a) Nonmailability The following are nonmailable matter and shall not be conveyed in the mails or delivered from any post office or by any letter carrier: (1) Every obscene, lewd, lascivious, indecent, filthy or vile article, matter, thing, device, or substance. (2) Every article or thing designed, adapted, or intended for producing abortion, or for any indecent or immoral use. (3) Every article, instrument, substance, drug, medicine, or thing which is advertised or described in a manner calculated to lead another to use or apply it for producing abortion, or for any indecent or immoral purpose. (4) Every written or printed card, letter, circular, book, pamphlet, advertisement, or notice of any kind giving information, directly or indirectly, where, or how, or from whom, or by what means any of such mentioned matters, articles, or things may be obtained or made, or where or by whom any act or operation of any kind for the procuring or producing of abortion will be done or performed, or how or by what means abortion may be produced, whether sealed or unsealed. (5) Every paper, writing, advertisement, or representation that any article, instrument, substance, drug, medicine, or thing may, or can, be used or applied for producing abortion, or for any indecent or immoral purpose. (6) Every description calculated to induce or incite a person to so use or apply any such article, instrument, substance, drug, medicine, or thing. (b) Offense Whoever knowingly uses the mails for the mailing, carriage in the mails, or delivery of anything declared by this section or section 3001(e) of title 39 to be nonmailable, or knowingly causes to be delivered by mail according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, or knowingly takes any such thing from the mails for the purpose of circulating or disposing thereof, or of aiding in the circulation or disposition thereof, shall be imprisoned not more than five years, for the first such offense, and shall be imprisoned not more than ten years for each such offense thereafter. 1442. Importation or transportation of obscene matters Whoever— (1) brings into the United States, or any place subject to the jurisdiction thereof, or knowingly uses any express company or other common carrier or interactive computer service (as defined in section 230(f)(2) of the Communications Act of 1934 ), for carriage in interstate or foreign commerce— (A) any obscene, lewd, lascivious, or filthy book, pamphlet, picture, motion-picture film, paper, letter, writing, print, or other matter of indecent character; (B) any obscene, lewd, lascivious, or filthy phonograph recording, electrical transcription, or other article or thing capable of producing sound; or (C) any drug, medicine, article, or thing designed, adapted, or intended for producing abortion, or for any indecent or immoral use; or any written or printed card, letter, circular, book, pamphlet, advertisement, or notice of any kind giving information, directly or indirectly, where, how, or of whom, or by what means any of such mentioned articles, matters, or things may be obtained or made; or (2) knowingly takes or receives, from such express company or other common carrier or interactive computer service (as defined in section 230(f)(2) of the Communications Act of 1934 ) any matter or thing the carriage or importation of which is herein made unlawful; shall be imprisoned not more than five years for the first such offense and shall be imprisoned not more than ten years for each such offense thereafter. 1443. Production and transportation of obscene matters for sale or distribution (a) Offense Whoever knowingly produces with the intent to transport, distribute, or transmit in interstate or foreign commerce, or whoever knowingly transports or travels in, or uses a facility or means of, interstate or foreign commerce or an interactive computer service (as defined in section 230(f)(2) of the Communications Act of 1934 ) in or affecting such commerce, for the purpose of sale or distribution, of any obscene, lewd, lascivious, or filthy book, pamphlet, picture, film, paper, letter, writing, print, silhouette, drawing, figure, image, cast, phonograph recording, electrical transcription or other article capable of producing sound or any other matter of indecent or immoral character, shall be imprisoned not more than five years. (b) Presumption The transportation as aforesaid of two or more copies of any publication or two or more of any article of the character described above, or a combined total of five such publications and articles, shall create a presumption that such publications or articles are intended for sale or distribution, but such presumption shall be rebuttable. 1444. Engaging in the business of selling or transferring obscene matter (a) Offense Whoever is engaged in the business of producing with intent to distribute or sell, or selling or transferring obscene matter, who knowingly receives or possesses with intent to distribute any obscene book, magazine, picture, paper, film, videotape, or phonograph or other audio recording, which has been shipped or transported in interstate or foreign commerce, shall be punished by imprisonment for not more than 5 years or by a fine under this title, or both. (b) Definition As used in this section, the term engaged in the business means that the person who produces, sells, or transfers, or offers to sell or transfer obscene matter devotes time, attention, or labor to such activities, as a regular course of trade or business, with the objective of earning a profit, although it is not necessary that the person make a profit or that the production, selling or transferring or offering to sell or transfer such material be the person's sole or principal business or source of income. The offering for sale of or to transfer, at one time, two or more copies of any obscene publication, or two or more of any obscene article, or a combined total of five or more such publications and articles, shall create a rebuttable presumption that the person so offering them is engaged in the business as defined in this subsection. 1445. Obscene visual representations of the sexual abuse of children (a) In general Whoever, as made applicable by subsection (d), knowingly produces, distributes, receives, or possesses with intent to distribute, a visual depiction of any kind, including a drawing, cartoon, sculpture, or painting, that— (1) (A) depicts a minor engaging in sexually explicit conduct; and (B) is obscene; or (2) (A) depicts an image that is, or appears to be, of a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; and (B) lacks serious literary, artistic, political, or scientific value; shall be subject to the penalties provided in section 223(c)(1), including the penalties provided for cases involving a prior conviction. (b) Additional offenses Whoever, as made applicable by subsection (d), knowingly possesses a visual depiction of any kind, including a drawing, cartoon, sculpture, or painting, that— (1) (A) depicts a minor engaging in sexually explicit conduct; and (B) is obscene; or (2) (A) depicts an image that is, or appears to be, of a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; and (B) lacks serious literary, artistic, political, or scientific value; shall be subject to the penalties provided in section 223(c)(2), including the penalties provided for cases involving a prior conviction. (c) Nonrequired element of offense It is not a required element of any offense under this section that the minor depicted actually exist. (d) Applicability Subsections (a) and (b) apply if— (1) any communication involved in or made in furtherance of the offense is communicated or transported by the mail, or in interstate or foreign commerce by any means, including by computer, or any means or instrumentality of interstate or foreign commerce is otherwise used in committing or in furtherance of the commission of the offense; (2) any communication involved in or made in furtherance of the offense contemplates the transmission or transportation of a visual depiction by the mail, or in interstate or foreign commerce by any means, including by computer; (3) any person travels or is transported in interstate or foreign commerce in the course of the commission or in furtherance of the commission of the offense; (4) any visual depiction involved in the offense has been mailed, or has been shipped or transported in interstate or foreign commerce by any means, including by computer, or was produced using materials that have been mailed, or that have been shipped or transported in interstate or foreign commerce by any means, including by computer; or (5) the offense is committed in the special maritime and territorial jurisdiction of the United States or in any territory or possession of the United States. (e) Affirmative defense It shall be an affirmative defense to a charge of violating subsection (b) that the defendant— (1) possessed less than 3 such visual depictions; and (2) promptly and in good faith, and without retaining or allowing any person, other than a law enforcement agency, to access any such visual depiction— (A) took reasonable steps to destroy each such visual depiction; or (B) reported the matter to a law enforcement agency and afforded that agency access to each such visual depiction. (f) Definitions As used in this section— (1) the term visual depiction includes undeveloped film and videotape, and data stored on a computer disk or by electronic means which is capable of conversion into a visual image, and also includes any photograph, film, video, picture, digital image or picture, computer image or picture, or computer generated image or picture, whether made or produced by electronic, mechanical, or other means; (2) the term sexually explicit conduct has the meaning given the term in section 225(1)(A) or 225(1)(B); and (3) the term graphic , when used with respect to a depiction of sexually explicit conduct, means that a viewer can observe any part of the genitals or pubic area of any depicted person or animal during any part of the time that the sexually explicit conduct is being depicted. 1446. Presumptions (a) Interstate commerce In any prosecution under this subchapter in which an element of the offense is that the matter in question was transported, shipped, or carried in interstate commerce, proof, by either circumstantial or direct evidence, that such matter was produced or manufactured in one State and is subsequently located in another State shall raise a rebuttable presumption that such matter was transported, shipped, or carried in interstate commerce. (b) Foreign commerce In any prosecution under this subchapter in which an element of the offense is that the matter in question was transported, shipped, or carried in foreign commerce, proof, by either circumstantial or direct evidence, that such matter was produced or manufactured outside of the United States and is subsequently located in the United States shall raise a rebuttable presumption that such matter was transported, shipped, or carried in foreign commerce. 1447. Transfer of obscene material to minor Whoever, using the mail or any facility or means of interstate or foreign commerce, knowingly transfers obscene matter to another individual who has not attained the age of 16 years, knowing that such other individual has not attained the age of 16 years, or attempts to do so, shall be imprisoned not more than 10 years. G MONEY LAUNDERING 1451. Laundering of monetary instruments. 1452. Engaging in monetary transactions in property derived from specified unlawful activity. 1453. Structuring transactions to evade reporting requirement prohibited. 1454. Bulk cash smuggling into or out of the United States. 1451. Laundering of monetary instruments (a) Offenses (1) Whoever, knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity, conducts or attempts to conduct such a financial transaction which in fact involves the proceeds of specified unlawful activity— (A) (i) with the intent to promote the carrying on of specified unlawful activity; or (ii) with intent to engage in conduct constituting a violation of section 7201 or 7206 of the Internal Revenue Code of 1986; or (B) knowing that the transaction is designed in whole or in part— (i) to conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity; or (ii) to avoid a transaction reporting requirement under State or Federal law, shall be sentenced to a fine of not more than $500,000 or twice the value of the property involved in the transaction, whichever is greater, or imprisonment for not more than twenty years, or both. For purposes of this paragraph, a financial transaction shall be considered to be one involving the proceeds of specified unlawful activity if it is part of a set of parallel or dependent transactions, any one of which involves the proceeds of specified unlawful activity, and all of which are part of a single plan or arrangement. (2) Whoever transports, transmits, or transfers, or attempts to transport, transmit, or transfer a monetary instrument or funds from a place in the United States to or through a place outside the United States or to a place in the United States from or through a place outside the United States— (A) with the intent to promote the carrying on of specified unlawful activity; or (B) knowing that the monetary instrument or funds involved in the transportation, transmission, or transfer represent the proceeds of some form of unlawful activity and knowing that such transportation, transmission, or transfer is designed in whole or in part— (i) to conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity; or (ii) to avoid a transaction reporting requirement under State or Federal law, shall be sentenced to a fine of not more than $500,000 or twice the value of the monetary instrument or funds involved in the transportation, transmission, or transfer, whichever is greater, or imprisonment for not more than twenty years, or both. For the purpose of the offense described in subparagraph (B), the defendant’s knowledge may be established by proof that a law enforcement officer represented the matter specified in subparagraph (B) as true, and the defendant’s subsequent statements or actions indicate that the defendant believed such representations to be true. (3) Whoever, with the intent— (A) to promote the carrying on of specified unlawful activity; (B) to conceal or disguise the nature, location, source, ownership, or control of property believed to be the proceeds of specified unlawful activity; or (C) to avoid a transaction reporting requirement under State or Federal law, conducts or attempts to conduct a financial transaction involving property represented to be the proceeds of specified unlawful activity, or property used to conduct or facilitate specified unlawful activity, shall be imprisoned for not more than 20 years. For purposes of this paragraph and paragraph (2), the term represented means any representation made by a law enforcement officer or by another person at the direction of, or with the approval of, a Federal official authorized to investigate or prosecute violations of this section. (b) Penalties and civil remedies (1) Criminal (A) Generally Whoever conducts or attempts to conduct a transaction described in subsection (a)(1) or (a)(3), or section 1452, or a transportation, transmission, or transfer described in subsection (a)(2), is liable to the United States for a civil penalty of not more than the greater of— (i) the value of the property, funds, or monetary instruments involved in the transaction; or (ii) $10,000. (B) Alternative punishment for certain offenses If the offense under this section involves a pre-retail medical product (as defined in section 657), it shall be punished under section 657 unless the penalties provided forthe offense under this section are greater. (2) Jurisdiction over foreign persons For purposes of adjudicating an action filed or enforcing a penalty ordered under this section, the district courts shall have jurisdiction over any foreign person, including any financial institution authorized under the laws of a foreign country, against whom the action is brought, if service of process upon the foreign person is made under the Federal Rules of Civil Procedure or the laws of the country in which the foreign person is found, and— (A) the foreign person commits an offense under subsection (a) involving a financial transaction that occurs in whole or in part in the United States; (B) the foreign person converts, to his or her own use, property in which the United States has an ownership interest by virtue of the entry of an order of forfeiture by a court of the United States; or (C) the foreign person is a financial institution that maintains a bank account at a financial institution in the United States. (3) Court authority over assets A court may issue a pretrial restraining order or take any other action necessary to ensure that any bank account or other property held by the defendant in the United States is available to satisfy a judgment under this section. (4) Federal receiver (A) In general A court may appoint a Federal Receiver, in accordance with subparagraph (B) of this paragraph, to collect, marshal, and take custody, control, and possession of all assets of the defendant, wherever located, to satisfy a civil judgment under this subsection, a forfeiture judgment under chapter 50, or a criminal sentence under section 1452 or subsection (a) of this section, including an order of restitution to any victim of a specified unlawful activity. (B) Appointment and authority A Federal Receiver described in subparagraph (A)— (i) may be appointed upon application of a Federal prosecutor or a Federal or State regulator, by the court having jurisdiction over the defendant in the case; (ii) shall be an officer of the court, and the powers of the Federal Receiver shall include the powers set out in section 754 of title 28; and (iii) shall have standing equivalent to that of a Federal prosecutor for the purpose of submitting requests to obtain information regarding the assets of the defendant— (I) from the Financial Crimes Enforcement Network of the Department of the Treasury; or (II) from a foreign country pursuant to a mutual legal assistance treaty, multilateral agreement, or other arrangement for international law enforcement assistance, provided that such requests are in accordance with the policies and procedures of the Attorney General. (c) Definitions As used in this section— (1) the term knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity means that the person knew the property involved in the transaction represented proceeds from some form, though not necessarily which form, of activity that constitutes a felony under State, Federal, or foreign law, regardless of whether or not such activity is specified in paragraph (7); (2) the term conducts includes initiating, concluding, or participating in initiating, or concluding a transaction; (3) the term transaction includes a purchase, sale, loan, pledge, gift, transfer, delivery, or other disposition, and with respect to a financial institution includes a deposit, withdrawal, transfer between accounts, exchange of currency, loan, extension of credit, purchase or sale of any stock, bond, certificate of deposit, or other monetary instrument, use of a safe deposit box, or any other payment, transfer, or delivery by, through, or to a financial institution, by whatever means effected; (4) the term financial transaction means (A) a transaction which in any way or degree affects interstate or foreign commerce (i) involving the movement of funds by wire or other means or (ii) involving one or more monetary instruments, or (iii) involving the transfer of title to any real property, vehicle, vessel, or aircraft, or (B) a transaction involving the use of a financial institution which is engaged in, or the activities of which affect, interstate or foreign commerce in any way or degree; (5) the term monetary instruments means (i) coin or currency of the United States or of any other country, travelers’ checks, personal checks, bank checks, and money orders, or (ii) investment securities or negotiable instruments, in bearer form or otherwise in such form that title thereto passes upon delivery; (6) the term financial institution means— (A) any financial institution, as defined in section 5312(a)(2) of title 31, or regulations under such section; or (B) any foreign bank, as defined in section 1 of the International Banking Act of 1978 ; (7) the term specified unlawful activity means— (A) any act or activity constituting an offense listed in section 511(1) except an act which is indictable under subchapter II of chapter 53 of title 31; (B) with respect to a financial transaction occurring in whole or in part in the United States, an offense against a foreign nation involving— (i) the manufacture, importation, sale, or distribution of a controlled substance; (ii) murder, kidnapping, robbery, extortion, destruction of property by means of explosive or fire, or a crime of violence; (iii) fraud, or any scheme or attempt to defraud, by or against a foreign bank (as defined in paragraph 7 of section 1(b) of the International Banking Act of 1978 ); (iv) bribery of a public official, or the misappropriation, theft, or embezzlement of public funds by or for the benefit of a public official; (v) smuggling or export control violations involving— (I) an item controlled on the United States Munitions List established under section 38 of the Arms Export Control Act ; or (II) an item controlled under regulations under the Export Administration Regulations (15 C.F.R. Parts 730–774); or (vi) an offense with respect to which the United States would be obligated by a multilateral treaty, either to extradite the alleged offender or to submit the case for prosecution, if the offender were found within the territory of the United States; or (vii) trafficking in persons, selling or buying of children, sexual exploration or children, or transporting, recruiting or harboring a person, including a child, for commercial sex acts; (C) any act or acts constituting a continuing criminal enterprise, as that term is defined in section 413; (D) an offense under section 1301 (relating to the destruction of aircraft), section 1305 (relating to violence at international airports), section 131 (relating to influencing, impeding, or retaliating against a Federal official by threatening or injuring a family member), section 871 (relating to concealment of assets; false oaths and claims; bribery), section 624 (relating to the variola virus), section 1003 (relating to commissions or gifts for procuring loans), section 711 (relating to money orders), section 712 (relating to postage stamps, postage meter stamps, and postal cards), section 718 (relating to securities of States and private entities), section 861 (relating to entry of goods falsely classified), section 862 (relating to entry of goods by means of false statements), section 863 (relating to smuggling goods into the United States), section 865 (relating to removing goods from customs custody; breaking seals), section 867 (relating to smuggling goods from the United States), section 868 (relating to border tunnels and passages), section 641 (relating to public money, property, or records), section 644 (relating to theft, embezzlement, or misapplication by bank officer or employee), section 645 (relating to lending, credit, and insurance institutions), section 646 (relating to property mortgaged or pledged to farm credit agencies), section 654 (relating to theft or bribery concerning programs receiving Federal funds), section 301, 302, or 303 (relating to espionage and censorship), section 601 (relating to prohibited transactions involving nuclear materials), section 614 (f) or (i) (relating to destruction by explosives or fire of Government property or property affecting interstate or foreign commerce), section 144 (relating to communication of ransom demands and other threatening communications in or affecting commerce), section 582(1) (relating to the unlawful importation of firearms), section 584(n) (relating to firearms trafficking), section 924 (relating to conspiracy to kill, kidnap, maim, or injure certain property in a foreign country), section 773 (relating to fraudulent bank entries), section 774 (relating to fraudulent Federal credit institution entries), section 775 (relating to Federal Deposit Insurance Corporation transactions), section 779 (relating to fraudulent loan or credit applications), section 787 (relating to computer fraud and abuse), section 789 (relating to concealment of assets from conservator, receiver, or liquidating agent of financial institution), section 102 (relating to Federally punishable homicides), section 121 (relating to kidnapping), section 123 (relating to hostage taking), section 1201 (relating to Government property or contracts), section 1203 (relating to buildings or property within the special maritime and territorial jurisdiction), section 947 (relating to theft or receipt of stolen mail matter generally), section 143 (relating to bank robbery and incidental crimes), section 223 (relating to certain activities relating to material involving the sexual exploitation of children and child pornography) where the child pornography contains a visual depiction of an actual minor engaging in sexually explicit conduct, section 1345 (relating to violence against maritime navigation), section 676 (relating to criminal infringement of a copyright), section 680 (relating to trafficking in counterfeit goods and services), section 271 (relating to weapons of mass destruction, and explosives and other lethal devices), section 272 (relating to atomic weapons), section 273 (relating to acts of terrorism transcending national boundaries), section 275 (relating to missile systems designed to destroy aircraft), section 276 (relating to radiological dispersal devices), section 278 or 279 (relating to providing material support to terrorists), section 280 (relating to prohibitions against the financing of terrorism), section 281 (relating to receiving military-type training from a foreign terrorist organization), section 414 (relating to drug paraphernalia), or section 1307 (relating to aircraft piracy) of this title, a felony violation of the Chemical Diversion and Trafficking Act of 1988 (relating to precursor and essential chemicals), section 590 of the Tariff Act of 1930 (relating to aviation smuggling), section 38(c) (relating to criminal violations) of the Arms Export Control Act , section 11 (relating to violations) of the Export Administration Act of 1979 , section 206 (relating to penalties) of the International Emergency Economic Powers Act, section 16 (relating to offenses and punishment) of the Trading with the Enemy Act, any felony violation of section 15 of the Food and Nutrition Act of 2008 (relating to violations and enforcement) involving a quantity of benefits having a value of not less than $5,000, any violation of section 543(a)(1) of the Housing Act of 1949 (relating to equity skimming), any felony violation of the Foreign Agents Registration Act of 1938, or any felony violation of the Foreign Corrupt Practices Act; (E) a felony violation of the Federal Water Pollution Control Act , the Ocean Dumping Act, the Act to Prevent Pollution from Ships, the Safe Drinking Water Act, or the Resources Conservation and Recovery Act; or (F) any act or activity constituting an offense involving a Federal health care offense; and (8) the term proceeds means any property derived from or obtained or retained, directly or indirectly, through some form of unlawful activity, including the gross receipts of such activity. (d) Extraterritorial jurisdiction There is extraterritorial jurisdiction over the an offense under this section if— (1) the conduct is by a United States citizen or, in the case of a non-United States citizen, the conduct occurs in part in the United States; and (2) the transaction or series of related transactions involves funds or monetary instruments of a value exceeding $10,000. (e) Notice of conviction of financial institutions If any financial institution or any officer, director, or employee of any financial institution has been found guilty of an offense under this section, section 1452 or 508, or section 5322 or 5324 of title 31, the Attorney General shall provide written notice of such fact to the appropriate regulatory agency for the financial institution. (f) Venue (1) Except as provided in paragraph (2), a prosecution for an offense under this section or section 1452 may be brought in— (A) any district in which the financial or monetary transaction is conducted; or (B) any district where a prosecution for the underlying specified unlawful activity could be brought, if the defendant participated in the transfer of the proceeds of the specified unlawful activity from that district to the district where the financial or monetary transaction is conducted. (2) A prosecution for an attempt or conspiracy offense under this section or section 1957 may be brought in the district where venue would lie for the completed offense under paragraph (1), or in any other district where an act in furtherance of the attempt or conspiracy took place. (3) For purposes of this section, a transfer of funds from 1 place to another, by wire or any other means, shall constitute a single, continuing transaction. Any person who conducts (as that term is defined in subsection (c)(2)) any portion of the transaction may be charged in any district in which the transaction takes place. 1452. Engaging in monetary transactions in property derived from specified unlawful activity (a) Elements of offense Whoever, as made applicable by subsection (d), knowingly engages or attempts to engage in a monetary transaction in criminally derived property of a value greater than $10,000 and is derived from specified unlawful activity, shall be punished as provided in subsection (b). (b) Punishment (1) Except as provided in paragraph (2), the punishment for an offense under this section is imprisonment for not more than ten years. (2) The court may impose an alternate fine to that imposable under paragraph (1) of not more than twice the amount of the criminally derived property involved in the transaction. (c) Proof In a prosecution for an offense under this section, the Government is not required to prove the defendant knew that the offense from which the criminally derived property was derived was specified unlawful activity. (d) Applicability Subsection (a) applies if— (1) that the offense under this section takes place in the United States or in the special maritime and territorial jurisdiction of the United States; or (2) that the offense under this section takes place outside the United States and such special jurisdiction, but the defendant is a United States person (as defined in section 3077, but excluding the class described in paragraph (2)(D) of such section). (e) Investigative authority Violations of this section may be investigated by such components of the Department of Justice as the Attorney General may direct, and by such components of the Department of the Treasury as the Secretary of the Treasury may direct, as appropriate, and, with respect to offenses over which the Department of Homeland Security has jurisdiction, by such components of the Department of Homeland Security as the Secretary of Homeland Security may direct, and, with respect to offenses over which the United States Postal Service has jurisdiction, by the Postal Service. Such authority of the Secretary of the Treasury, the Secretary of Homeland Security, and the Postal Service shall be exercised in accordance with an agreement which shall be entered into by the Secretary of the Treasury, the Secretary of Homeland Security, the Postal Service, and the Attorney General. (f) Definitions As used in this section— (1) the term monetary transaction means the deposit, withdrawal, transfer, or exchange, in or affecting interstate or foreign commerce, of funds or a monetary instrument (as defined in section 1451(c)(5)) by, through, or to a financial institution (as defined in section 1451), including any transaction that would be a financial transaction under section 1451(c)(4)(B), but such term does not include any transaction necessary to preserve a person’s right to representation as guaranteed by the sixth amendment to the Constitution; (2) the term criminally derived property means any property constituting, or derived from, proceeds obtained from a criminal offense; and (3) the terms specified unlawful activity and proceeds shall have the meaning given those terms in section 1451. 1453. Structuring transactions to evade reporting requirement prohibited (a) Domestic coin and currency transactions involving financial institutions No person shall, for the purpose of evading the reporting requirements of section 5313(a) or 5325 of title 31 or any regulation prescribed under any such section, the reporting or recordkeeping requirements imposed by any order issued under section 5326 of that title, or the recordkeeping requirements imposed by any regulation prescribed under section 21 of the Federal Deposit Insurance Act or section 123 of Public Law 91–508 — (1) cause or attempt to cause a domestic financial institution to fail to file a report required under section 5313(a) or 5325 of title 31 or any regulation prescribed under any such section, to file a report or to maintain a record required by an order issued under section 5326 of title 31, or to maintain a record required pursuant to any regulation prescribed under section 21 of the Federal Deposit Insurance Act or section 123 of Public Law 91–508 ; (2) cause or attempt to cause a domestic financial institution to file a report required under section 5313(a) or 5325 of title 31 or any regulation prescribed under any such section, to file a report or to maintain a record required by any order issued under section 5326 of title 31, or to maintain a record required pursuant to any regulation prescribed under section 5326 of title 31, or to maintain a record required pursuant to any regulation prescribed under section 21 of the Federal Deposit Insurance Act or section 123 of Public Law 91–508 , that contains a material omission or misstatement of fact; or (3) structure or assist in structuring, or attempt to structure or assist in structuring, any transaction with one or more domestic financial institutions. (b) Domestic coin and currency transactions involving nonfinancial trades or businesses No person shall, for the purpose of evading the report requirements of section 5331 of title 31 or any regulation prescribed under such section— (1) cause or attempt to cause a nonfinancial trade or business to fail to file a report required under section 5331 of title 31 or any regulation prescribed under such section; (2) cause or attempt to cause a nonfinancial trade or business to file a report required under section 5331 of title 31 or any regulation prescribed under such section that contains a material omission or misstatement of fact; or (3) structure or assist in structuring, or attempt to structure or assist in structuring, any transaction with 1 or more nonfinancial trades or businesses. (c) International monetary instrument transactions No person shall, for the purpose of evading the reporting requirements of section 5316 of title 31— (1) fail to file a report required by section 5316 of title 31, or cause or attempt to cause a person to fail to file such a report; (2) file or cause or attempt to cause a person to file a report required under section 5316 of title 31 that contains a material omission or misstatement of fact; or (3) structure or assist in structuring, or attempt to structure or assist in structuring, any importation or exportation of monetary instruments. (d) Criminal penalty (1) In general Whoever violates this section shall be imprisoned for not more than 5 years. (2) Enhanced penalty for aggravated cases Whoever violates this section while violating another law of the United States or as part of a pattern of any illegal activity involving more than $100,000 in a 12-month period shall be imprisoned for not more than 10 years. 1454. Bulk cash smuggling into or out of the United States (a) Criminal offense (1) In general Whoever, with the intent to evade a currency reporting requirement under section 5316 of title 31, knowingly conceals more than $10,000 in currency or other monetary instruments on the person of such individual or in any conveyance, article of luggage, merchandise, or other container, and transports or transfers or attempts to transport or transfer such currency or monetary instruments from a place within the United States to a place outside of the United States, or from a place outside the United States to a place within the United States, shall be guilty of a currency smuggling offense and imprisoned for not more than 5 years. (2) Concealment on person For purposes of this section, the concealment of currency on the person of any individual includes concealment in any article of clothing worn by the individual or in any luggage, backpack, or other container worn or carried by such individual. 37 PRIVACY Subchapter A. Privacy B. Wire and electronic communications interception and interception of oral communications C. Stored wire and electronic communications and transactional records access D. Prohibition on release and use of certain personal information from State motor vehicle records E. Identity theft A PRIVACY Sec. 1481. Video voyeurism. 1481. Video voyeurism (a) Offense Whoever, in the special maritime and territorial jurisdiction of the United States, has the intent to capture an image of a private area of an individual without their consent, and knowingly does so under circumstances in which the individual has a reasonable expectation of privacy, shall be imprisoned not more than one year. (b) Definitions for section As used in this section— (1) the term capture , with respect to an image, means to videotape, photograph, film, record by any means, or broadcast; (2) the term broadcast means to electronically transmit a visual image with the intent that it be viewed by a person or persons; (3) the term a private area of the individual means the naked or undergarment clad genitals, pubic area, buttocks, or female breast of that individual; (4) the term female breast means any portion of the female breast below the top of the areola; and (5) the term under circumstances in which that individual has a reasonable expectation of privacy means— (A) circumstances in which a reasonable person would believe that he or she could disrobe in privacy, without being concerned that an image of a private area of the individual was being captured; or (B) circumstances in which a reasonable person would believe that a private area of the individual would not be visible to the public, regardless of whether that person is in a public or private place. (c) Exclusion This section does not prohibit any lawful law enforcement, correctional, or intelligence activity. B WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND INTERCEPTION OF ORAL COMMUNICATIONS 1491. Definitions. 1492. Interception and disclosure of wire, oral, or electronic communications prohibited. 1493. Manufacture, distribution, possession, and advertising of wire, oral, or electronic communication intercepting devices prohibited. 1494. Confiscation of wire, oral, or electronic communication intercepting devices. 1491. Definitions As used in this subchapter— (1) the term wire communication means any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception (including the use of such connection in a switching station) furnished or operated by any person engaged in providing or operating such facilities for the transmission of interstate or foreign communications or communications affecting interstate or foreign commerce; (2) the term oral communication means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation, but such term does not include any electronic communication; (3) the term intercept means the aural or other acquisition of the contents of any wire, electronic, or oral communication through the use of any electronic, mechanical, or other device; (4) the term electronic, mechanical, or other device means any device or apparatus which can be used to intercept a wire, oral, or electronic communication other than— (A) any telephone or telegraph instrument, equipment or facility, or any component thereof, (i) furnished to the subscriber or user by a provider of wire or electronic communication service in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business or furnished by such subscriber or user for connection to the facilities of such service and used in the ordinary course of its business; or (ii) being used by a provider of wire or electronic communication service in the ordinary course of its business, or by an investigative or law enforcement officer in the ordinary course of his duties; (B) a hearing aid or similar device being used to correct subnormal hearing to not better than normal; (5) the term Investigative or law enforcement officer means any officer of the United States or of a State or political subdivision thereof, who is empowered by law to conduct investigations of or to make arrests for offenses enumerated in this chapter, and any attorney authorized by law to prosecute or participate in the prosecution of such offenses; (6) the term contents , when used with respect to any wire, oral, or electronic communication, includes any information concerning the substance, purport, or meaning of that communication; (7) the term Judge of competent jurisdiction means— (A) a judge of a United States district court or a United States court of appeals; and (B) a judge of any court of general criminal jurisdiction of a State who is authorized by a statute of that State to enter orders authorizing interceptions of wire, oral, or electronic communications; (8) the term communication common carrier has the meaning given that term in section 3 of the Communications Act of 1934 ; (9) the term aggrieved person means a person who was a party to any intercepted wire, oral, or electronic communication or a person against whom the interception was directed; (10) the term electronic communication means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic or photooptical system that affects interstate or foreign commerce, but does not include— (A) any wire or oral communication; (B) any communication made through a tone-only paging device; (C) any communication from a tracking device (as defined in section 3117); or (D) electronic funds transfer information stored by a financial institution in a communications system used for the electronic storage and transfer of funds; (11) the term user means any person or entity who— (A) uses an electronic communication service; and (B) is duly authorized by the provider of such service to engage in such use; (12) the term electronic communications system means any wire, radio, electromagnetic, photooptical or photoelectronic facilities for the transmission of wire or electronic communications, and any computer facilities or related electronic equipment for the electronic storage of such communications; (13) the term electronic communication service means any service which provides to users thereof the ability to send or receive wire or electronic communications; (14) the term readily accessible to the general public means, with respect to a radio communication, that such communication is not— (A) scrambled or encrypted; (B) transmitted using modulation techniques whose essential parameters have been withheld from the public with the intention of preserving the privacy of such communication; (C) carried on a subcarrier or other signal subsidiary to a radio transmission; (D) transmitted over a communication system provided by a common carrier, unless the communication is a tone only paging system communication; or (E) transmitted on frequencies allocated under part 25, subpart D, E, or F of part 74, or part 94 of the Rules of the Federal Communications Commission, unless, in the case of a communication transmitted on a frequency allocated under part 74 that is not exclusively allocated to broadcast auxiliary services, the communication is a two-way voice communication by radio; (15) the term electronic storage means— (A) any temporary, intermediate storage of a wire or electronic communication incidental to the electronic transmission thereof; and (B) any storage of such communication by an electronic communication service for purposes of backup protection of such communication; (16) the term aural transfer means a transfer containing the human voice at any point between and including the point of origin and the point of reception; (17) the term foreign intelligence information , for purposes of section 3119B(f), means— (A) information, whether or not concerning a United States person, that relates to the ability of the United States to protect against— (i) actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power; (ii) sabotage or international terrorism by a foreign power or an agent of a foreign power; or (iii) clandestine intelligence activities by an intelligence service or network of a foreign power or by an agent of a foreign power; or (B) information, whether or not concerning a United States person, with respect to a foreign power or foreign territory that relates to— (i) the national defense or the security of the United States; or (ii) the conduct of the foreign affairs of the United States; (18) the term protected computer has the meaning set forth in section 787; and (19) the term computer trespasser — (A) means a person who accesses a protected computer without authorization and thus has no reasonable expectation of privacy in any communication transmitted to, through, or from the protected computer; and (B) does not include a person known by the owner or operator of the protected computer to have an existing contractual relationship with the owner or operator of the protected computer for access to all or part of the protected computer. 1492. Interception and disclosure of wire, oral, or electronic communications prohibited (a) Offense Except as otherwise specifically provided in this subchapter whoever— (1) intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication; (2) intentionally uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when— (A) such device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire communication; (B) such device transmits communications by radio, or interferes with the transmission of such communication; (C) such person knows, or has reason to know, that such device or any component thereof has been sent through the mail or transported in interstate or foreign commerce; (D) such use or endeavor to use (i) takes place on the premises of any business or other commercial establishment the operations of which affect interstate or foreign commerce; or (ii) obtains or is for the purpose of obtaining information relating to the operations of any business or other commercial establishment the operations of which affect interstate or foreign commerce; or (E) such person acts in the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States; (3) intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection; (4) intentionally uses, or endeavors to use, the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection; or (5) intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, oral, or electronic communication, intercepted by means authorized by sections 1492(b)(1)(B), 1492(b)(2)–(3), 1492(b)(5), 3119A, and 3119C— (A) knowing or having reason to know that the information was obtained through the interception of such a communication in connection with a criminal investigation; (B) having obtained or received the information in connection with a criminal investigation; and (C) with intent to improperly obstruct, impede, or interfere with a duly authorized criminal investigation, shall be punished as provided in subsection (d) or shall be subject to suit as provided in subsection (e). (b) Exclusions (1) (A) It shall not be unlawful under this subchapter for an operator of a switchboard, or an officer, employee, or agent of a provider of wire or electronic communication service, whose facilities are used in the transmission of a wire or electronic communication, to intercept, disclose, or use that communication in the normal course of his employment while engaged in any activity which is a necessary incident to the rendition of his service or to the protection of the rights or property of the provider of that service, except that a provider of wire communication service to the public shall not utilize service observing or random monitoring except for mechanical or service quality control checks. (B) Notwithstanding any other law, providers of wire or electronic communication service, their officers, employees, and agents, landlords, custodians, or other persons, are authorized to provide information, facilities, or technical assistance to persons authorized by law to intercept wire, oral, or electronic communications or to conduct electronic surveillance, as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978, if such provider, its officers, employees, or agents, landlord, custodian, or other specified person, has been provided with— (i) a court order directing such assistance or a court order pursuant to section 704 of the Foreign Intelligence Surveillance Act of 1978 signed by the authorizing judge, or (ii) a certification in writing by a person specified in section 3119C(g) or the Attorney General of the United States that no warrant or court order is required by law, that all statutory requirements have been met, and that the specified assistance is required, setting forth the period of time during which the provision of the information, facilities, or technical assistance is authorized and specifying the information, facilities, or technical assistance required. No provider of wire or electronic communication service, officer, employee, or agent thereof, or landlord, custodian, or other specified person shall disclose the existence of any interception or surveillance or the device used to accomplish the interception or surveillance with respect to which the person has been furnished a court order or certification under this subchapter, except as may otherwise be required by legal process and then only after prior notification to the Attorney General or to the principal prosecuting attorney of a State or any political subdivision of a State, as may be appropriate. Any such disclosure, shall render such person liable for the civil damages provided for in section 3119E. No cause of action shall lie in any court against any provider of wire or electronic communication service, its officers, employees, or agents, landlord, custodian, or other specified person for providing information, facilities, or assistance in accordance with the terms of a court order, statutory authorization, or certification under this subchapter. (C) If a certification under subparagraph (B)(ii) for assistance to obtain foreign intelligence information is based on statutory authority, the certification shall identify the specific statutory provision and shall certify that the statutory requirements have been met. (2) It shall not be unlawful under this subchapter for an officer, employee, or agent of the Federal Communications Commission, in the normal course of his employment and in discharge of the monitoring responsibilities exercised by the Commission in the enforcement of chapter 5 of title 47 of the United States Code, to intercept a wire or electronic communication, or oral communication transmitted by radio, or to disclose or use the information thereby obtained. (3) It shall not be unlawful under this subchapter for a person acting under color of law to intercept a wire, oral, or electronic communication, where such person is a party to the communication or one of the parties to the communication has given prior consent to such interception. (4) It shall not be unlawful under this subchapter for a person not acting under color of law to intercept a wire, oral, or electronic communication where such person is a party to the communication or where one of the parties to the communication has given prior consent to such interception unless such communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of any State. (5) Notwithstanding any other provision of this title or section 705 or 706 of the Communications Act of 1934 , it shall not be unlawful for an officer, employee, or agent of the United States in the normal course of his official duty to conduct electronic surveillance, as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978, as authorized by that Act. (6) Nothing in this subchapter, subchapter C or chapter 205B of this title, or section 705 of the Communications Act of 1934 , affects the acquisition by the United States Government of foreign intelligence information from international or foreign communications, or foreign intelligence activities conducted in accordance with otherwise applicable Federal law involving a foreign electronic communications system, utilizing a means other than electronic surveillance as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978. The procedures in this subchapter, subchapter C or chapter 205B of this title, or section 705 of the Communications Act of 1934, and the Foreign Intelligence Surveillance Act of 1978 shall be the exclusive means by which electronic surveillance, as defined in section 101 of such Act, and the interception of domestic wire, oral, and electronic communications may be conducted. (7) It shall not be unlawful under this subchapter or subchapter C for any person— (A) to intercept or access an electronic communication made through an electronic communication system that is configured so that such electronic communication is readily accessible to the general public; (B) to intercept any radio communication which is transmitted— (i) by any station for the use of the general public, or that relates to ships, aircraft, vehicles, or persons in distress; (ii) by any governmental, law enforcement, civil defense, private land mobile, or public safety communications system, including police and fire, readily accessible to the general public; (iii) by a station operating on an authorized frequency within the bands allocated to the amateur, citizens band, or general mobile radio services; or (iv) by any marine or aeronautical communications system; (C) to engage in any conduct which— (i) is prohibited by section 633 of the Communications Act of 1934 ; or (ii) is excepted from the application of section 705(a) of the Communications Act of 1934 by section 705(b) of that Act; (D) to intercept any wire or electronic communication the transmission of which is causing harmful interference to any lawfully operating station or consumer electronic equipment, to the extent necessary to identify the source of such interference; or (E) for other users of the same frequency to intercept any radio communication made through a system that utilizes frequencies monitored by individuals engaged in the provision or the use of such system, if such communication is not scrambled or encrypted. (8) It shall not be unlawful under this subchapter— (A) to use a pen register or a trap and trace device (as those terms are defined for the purposes of chapter 206 (relating to pen registers and trap and trace devices)); or (B) for a provider of electronic communication service to record the fact that a wire or electronic communication was initiated or completed in order to protect such provider, another provider furnishing service toward the completion of the wire or electronic communication, or a user of that service, from fraudulent, unlawful or abusive use of such service. (9) It shall not be unlawful under this subchapter for a person acting under color of law to intercept the wire or electronic communications of a computer trespasser transmitted to, through, or from the protected computer, if— (A) the owner or operator of the protected computer authorizes the interception of the computer trespasser’s communications on the protected computer; (B) the person acting under color of law is lawfully engaged in an investigation; (C) the person acting under color of law has reasonable grounds to believe that the contents of the computer trespasser’s communications will be relevant to the investigation; and (D) such interception does not acquire communications other than those transmitted to or from the computer trespasser. (c) Contents in transmission (1) Except as provided in paragraph (2) of this subsection, a person or entity providing an electronic communication service to the public shall not intentionally divulge the contents of any communication (other than one to such person or entity, or an agent thereof) while in transmission on that service to any person or entity other than an addressee or intended recipient of such communication or an agent of such addressee or intended recipient. (2) A person or entity providing electronic communication service to the public may divulge the contents of any such communication— (A) as otherwise authorized in section 1492(b)(1) or 3119B; (B) with the lawful consent of the originator or any addressee or intended recipient of such communication; (C) to a person employed or authorized, or whose facilities are used, to forward such communication to its destination; or (D) which were inadvertently obtained by the service provider and which appear to pertain to the commission of a crime, if such divulgence is made to a law enforcement agency. (d) Punishment (1) Except as provided in paragraph (2) of this subsection or in subsection (e), whoever violates subsection (a) of this section shall be imprisoned not more than five years. (2) Conduct otherwise an offense under this subsection that consists of or relates to the interception of a satellite transmission that is not encrypted or scrambled and that is transmitted— (A) to a broadcasting station for purposes of retransmission to the general public; or (B) as an audio subcarrier intended for redistribution to facilities open to the public, but not including data transmissions or telephone calls, is not an offense under this subsection unless the conduct is for the purposes of direct or indirect commercial advantage or private financial gain. (e) Certain communications (1) (A) If the communication is— (i) a private satellite video communication that is not scrambled or encrypted and the conduct in violation of this subchapter is the private viewing of that communication and is not for a tortious or illegal purpose or for purposes of direct or indirect commercial advantage or private commercial gain; or (ii) a radio communication that is transmitted on frequencies allocated under subpart D of part 74 of the rules of the Federal Communications Commission that is not scrambled or encrypted and the conduct in violation of this subchapter is not for a tortious or illegal purpose or for purposes of direct or indirect commercial advantage or private commercial gain, then the person who engages in such conduct shall be subject to suit by the Federal Government in a court of competent jurisdiction. (B) In an action under this subsection— (i) if the violation of this subchapter is a first offense for the person under paragraph (1) of subsection (d) and such person has not been found liable in a civil action under section 3119E, the Federal Government shall be entitled to appropriate injunctive relief; and (ii) if the violation of this subchapter is a second or subsequent offense under paragraph (1) of subsection (d) or such person has been found liable in any prior civil action under section 3119E, the person shall be subject to a mandatory $500 civil fine. (2) The court may use any means within its authority to enforce an injunction issued under paragraph (1)(B)(i), and shall impose a civil fine of not less than $500 for each violation of such an injunction. 1493. Manufacture, distribution, possession, and advertising of wire, oral, or electronic communication intercepting devices prohibited (a) Offense Except as otherwise specifically provided in this subchapter, whoever intentionally— (1) sends through the mail, or sends or carries in interstate or foreign commerce, any electronic, mechanical, or other device, knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of wire, oral, or electronic communications; (2) manufactures, assembles, possesses, or sells any electronic, mechanical, or other device, knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of wire, oral, or electronic communications, and that such device or any component thereof has been or will be sent through the mail or transported in interstate or foreign commerce; or (3) places in any newspaper, magazine, handbill, or other publication or disseminates by electronic means any advertisement of— (A) any electronic, mechanical, or other device knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of wire, oral, or electronic communications; or (B) any other electronic, mechanical, or other device, where such advertisement promotes the use of such device for the purpose of the surreptitious interception of wire, oral, or electronic communications, knowing the content of the advertisement and knowing or having reason to know that such advertisement will be sent through the mail or transported in interstate or foreign commerce, shall be imprisoned for not more than five years. (b) Exclusion It shall not be unlawful under this section for— (1) a provider of wire or electronic communication service or an officer, agent, or employee of, or a person under contract with, such a provider, in the normal course of the business of providing that wire or electronic communication service, or (2) an officer, agent, or employee of, or a person under contract with, the United States, a State, or a political subdivision thereof, in the normal course of the activities of the United States, a State, or a political subdivision thereof, to send through the mail, send or carry in interstate or foreign commerce, or manufacture, assemble, possess, or sell any electronic, mechanical, or other device knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of wire, oral, or electronic communications. (c) Additional exclusion It shall not be unlawful under this section to advertise for sale a device described in subsection (a) of this section if the advertisement is mailed, sent, or carried in interstate or foreign commerce solely to a domestic provider of wire or electronic communication service or to an agency of the United States, a State, or a political subdivision thereof which is duly authorized to use such device. 1494. Confiscation of wire, oral, or electronic communication intercepting devices Any electronic, mechanical, or other device used, sent, carried, manufactured, assembled, possessed, sold, or advertised in violation of section 1492 or section 1493 may be seized and forfeited to the United States. All provisions of law relating to (1) the seizure, summary and judicial forfeiture, and condemnation of vessels, vehicles, merchandise, and baggage for violations of the customs laws contained in title 19 of the United States Code, (2) the disposition of such vessels, vehicles, merchandise, and baggage or the proceeds from the sale thereof, (3) the remission or mitigation of such forfeiture, (4) the compromise of claims, and (5) the award of compensation to informers in respect of such forfeitures, apply to seizures and forfeitures incurred, or alleged to have been incurred, under this section, insofar as applicable and not inconsistent with this section; except that such duties as are imposed upon the collector of customs or any other person with respect to the seizure and forfeiture of vessels, vehicles, merchandise, and baggage under the customs laws contained in title 19 of the United States Code shall be performed with respect to seizure and forfeiture of electronic, mechanical, or other intercepting devices under this section by such officers, agents, or other persons as may be authorized or designated for that purpose by the Attorney General. C STORED WIRE AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONAL RECORDS ACCESS Sec. 1521. Unlawful access to stored communications. 1521. Unlawful access to stored communications (a) Offense Except as provided in subsection (c) of this section whoever— (1) intentionally accesses without authorization a facility through which an electronic communication service is provided; or (2) intentionally exceeds an authorization to access that facility; and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage in such system shall be punished as provided in subsection (b) of this section. (b) Punishment The punishment for an offense under subsection (a) of this section is— (1) if the offense is committed for purposes of commercial advantage, malicious destruction or damage, or private commercial gain, or in furtherance of any criminal or tortious act in violation of the Constitution or laws of the United States or any State— (A) a fine under this title or imprisonment for not more than 5 years, or both, in the case of a first offense under this subparagraph; and (B) a fine under this title or imprisonment for not more than 10 years, or both, for any subsequent offense under this subparagraph; and (2) in any other case— (A) a fine under this title or imprisonment for not more than 1 year or both, in the case of a first offense under this paragraph; and (B) a fine under this title or imprisonment for not more than 5 years, or both, in the case of an offense under this subparagraph that occurs after a conviction of another offense under this section. (c) Exceptions Subsection (a) of this section does not apply with respect to conduct authorized— (1) by the person or entity providing a wire or electronic communications service; (2) by a user of that service with respect to a communication of or intended for that user; or (3) in section 3120A, 3120B, or 3119C. 1522. Definitions A term that is defined by chapter 205B has the same meaning when used in this subchapter. D PROHIBITION ON RELEASE AND USE OF CERTAIN PERSONAL INFORMATION FROM STATE MOTOR VEHICLE RECORDS 1541. Prohibition on release and use of certain personal information from State motor vehicle records. 1542. Additional unlawful acts. 1543. Penalties. 1544. Civil action. 1545. Definitions. 1541. Prohibition on release and use of certain personal information from State motor vehicle records (a) In general A State department of motor vehicles, and any officer, employee, or contractor thereof, shall not knowingly disclose or otherwise make available to any person or entity— (1) personal information about any individual obtained by the department in connection with a motor vehicle record, except as provided in subsection (b) of this section; or (2) highly restricted personal information about any individual obtained by the department in connection with a motor vehicle record, without the express consent of the person to whom such information applies, except uses permitted in subsections (b)(1), (b)(4), (b)(6), and (b)(9), but this paragraph does not in any way affect the use of organ donation information on an individual’s driver’s license or affect the administration of organ donation initiatives in the States. (b) Permissible uses Personal information referred to in subsection (a) shall be disclosed for use in connection with matters of motor vehicle or driver safety and theft, motor vehicle emissions, motor vehicle product alterations, recalls, or advisories, performance monitoring of motor vehicles and dealers by motor vehicle manufacturers, and removal of non-owner records from the original owner records of motor vehicle manufacturers to carry out the purposes of titles I and IV of the Anti Car Theft Act of 1992, the Automobile Information Disclosure Act, the Clean Air Act , and chapters 301, 305, and 321–331 of title 49, and, subject to subsection (a)(2), may be disclosed as follows: (1) For use by any government agency, including any court or law enforcement agency, in carrying out its functions, or any private person or entity acting on behalf of a Federal, State, or local agency in carrying out its functions. (2) For use in connection with matters of motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product alterations, recalls, or advisories; performance monitoring of motor vehicles, motor vehicle parts and dealers; motor vehicle market research activities, including survey research; and removal of non-owner records from the original owner records of motor vehicle manufacturers. (3) For use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only— (A) to verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors; and (B) if such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for the purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against, the individual. (4) For use in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body, including the service of process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of a Federal, State, or local court. (5) For use in research activities, and for use in producing statistical reports, so long as the personal information is not published, redisclosed, or used to contact individuals. (6) For use by any insurer or insurance support organization, or by a self-insured entity, or its agents, employees, or contractors, in connection with claims investigation activities, antifraud activities, rating or underwriting. (7) For use in providing notice to the owners of towed or impounded vehicles. (8) For use by any licensed private investigative agency or licensed security service for any purpose permitted under this subsection. (9) For use by an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver’s license that is required under chapter 313 of title 49. (10) For use in connection with the operation of private toll transportation facilities. (11) For any other use in response to requests for individual motor vehicle records if the State has obtained the express consent of the person to whom such personal information pertains. (12) For bulk distribution for surveys, marketing or solicitations if the State has obtained the express consent of the person to whom such personal information pertains. (13) For use by any requester, if the requester demonstrates it has obtained the written consent of the individual to whom the information pertains. (14) For any other use specifically authorized under the law of the State that holds the record, if such use is related to the operation of a motor vehicle or public safety. (c) Resale or redisclosure An authorized recipient of personal information (except a recipient under subsection (b)(11) or (12)) may resell or redisclose the information only for a use permitted under subsection (b) (but not for uses under subsection (b)(11) or (12)). An authorized recipient under subsection (b)(11) may resell or redisclose personal information for any purpose. An authorized recipient under subsection (b)(12) may resell or redisclose personal information pursuant to subsection (b)(12). Any authorized recipient (except a recipient under subsection (b)(11)) that resells or rediscloses personal information covered by this chapter must keep for a period of 5 years records identifying each person or entity that receives information and the permitted purpose for which the information will be used and must make such records available to the motor vehicle department upon request. (d) Waiver procedures A State motor vehicle department may establish and carry out procedures under which the department or its agents, upon receiving a request for personal information that does not fall within one of the exceptions in subsection (b), may mail a copy of the request to the individual about whom the information was requested, informing such individual of the request, together with a statement to the effect that the information will not be released unless the individual waives such individual’s right to privacy under this section. (e) Prohibition on conditions No State may condition or burden in any way the issuance of an individual’s motor vehicle record to obtain express consent. Nothing in this paragraph shall be construed to prohibit a State from charging an administrative fee for issuance of a motor vehicle record. 1542. Additional unlawful acts (a) Procurement for unlawful purpose It shall be unlawful for any person knowingly to obtain or disclose personal information, from a motor vehicle record, for any use not permitted under section 1541(b). (b) False representation It shall be unlawful for any person to make false representation to obtain any personal information from an individual’s motor vehicle record. 1543. Penalties (a) Criminal fine Whoever knowingly violates this subchapter shall be fined under this title. (b) Violations by State department of motor vehicles Any State department of motor vehicles that has a policy or practice of substantial noncompliance with this chapter shall be subject to a civil penalty imposed by the Attorney General of not more than $5,000 a day for each day of substantial noncompliance. 1544. Civil action (a) Cause of action A person who knowingly obtains, discloses or uses personal information, from a motor vehicle record, for a purpose not permitted under this chapter shall be liable to the individual to whom the information pertains, who may bring a civil action in a United States district court. (b) Remedies The court may award— (1) actual damages, but not less than liquidated damages in the amount of $2,500; (2) punitive damages upon proof of willful or reckless disregard of the law; (3) reasonable attorneys’ fees and other litigation costs reasonably incurred; and (4) such other preliminary and equitable relief as the court determines to be appropriate. 1545. Definitions As used in this subchapter— (1) the term motor vehicle record means any record that pertains to a motor vehicle operator’s permit, motor vehicle title, motor vehicle registration, or identification card issued by a department of motor vehicles; (2) the term personal information means information that identifies an individual, including an individual’s photograph, social security number, driver identification number, name, address (but not the 5-digit zip code), telephone number, and medical or disability information, but does not include information on vehicular accidents, driving violations, and driver’s status; (3) the term highly restricted personal information means an individual’s photograph or image, social security number, medical or disability information; and (4) the term express consent means consent in writing, including consent conveyed electronically that bears an electronic signature as defined in section 106(5) of Public Law 106–229 . E IDENTITY THEFT Sec. 1551. Obtaining information under false pretenses. 1552. Unauthorized disclosures by officers or employees. 1553. Definitions for subchapter. 1551. Obtaining information under false pretenses Whoever knowingly obtains information on a consumer from a consumer reporting agency under false pretenses shall be imprisoned for not more than 2 years. 1552. Unauthorized disclosures by officers or employees Any officer or employee of a consumer reporting agency who knowingly provides information concerning an individual from the agency’s files to a person not authorized to receive that information shall be imprisoned for not more than 2 years. 1553. Definitions for subchapter A term defined in the Fair Credit Reporting Act shall have the same meaning when used in this subchapter. 50 FORFEITURE Subchapter A. Property subject to forfeiture B. Civil forfeiture C. Criminal forfeiture A PROPERTY SUBJECT TO FORFEITURE Sec. 2501. Forfeitable property. 2501. Forfeitable property As used in this chapter— (1) the term forfeitable property — (A) means any property, real or personal, tangible or intangible, that is— (i) used or intended to be used to commit or facilitate the offense; (ii) constituting, derived from, or traceable to proceeds of the offense; or (iii) substitute assets for property described in subparagraph (A) or (B); and (B) in the case of a Federal crime of terrorism (as defined in section 273(g)(3)), includes all assets, foreign and domestic— (i) of any individual, entity, or organization engaged in planning or perpetrating the act, and all assets, foreign or domestic, affording any person a source of influence over any such entity or organization; (ii) acquired or maintained by any person with the intent and for the purpose of supporting, planning, conducting, or concealing the act; or (iii) derived from, involved in, or used or intended to be used to commit the act; and (2) the term proceeds means all property obtained directly or indirectly from the offense. B CIVIL FORFEITURE 2551. Offenses giving rise to civil forfeiture. 2552. Procedure generally. 2553. General rules for civil forfeiture proceedings. 2554. Civil forfeiture of fungible property. 2555. Civil forfeiture of real property. 2556. Subpoenas for bank records. 2557. Anti-terrorist forfeiture protection. 2551. Offenses giving rise to civil forfeiture (a) Criminally related property subject to forfeiture All right, title, and interest in forfeitable property relating to an offense described in subsection (b) shall vest in the United States upon commission of that offense. (b) Offenses giving rise to civil forfeiture The following offenses give rise to civil forfeiture under this section: (1) A violation of section 508, 1451, or 1452. (2) An offense against a foreign nation, or any property used to facilitate such an offense, if the offense— (A) involves trafficking in nuclear, chemical, biological, or radiological weapons technology or material, or the manufacture, importation, sale, or distribution of a controlled substance, or any other conduct described in section 1451(c)(7)(B); (B) would be punishable within the jurisdiction of the foreign nation by death or imprisonment for a term exceeding one year; and (C) would be punishable under the laws of the United States by imprisonment for a term exceeding one year, if the conduct constituting the offense had occurred within the jurisdiction of the United States. (3) A violation of section 512, 612, 614, 644, 645, 692–695, 697–702, 712, 716, 773–775, 779, 783, 786, 787, 789, 804, 862, 863, or 1003 or any offense constituting specified unlawful activity (as defined in section 1451(c)(7)). (4) A violation of— (A) section 653(a)(1) (relating to theft or concerning programs receiving Federal funds); (B) section 772 (relating to fraud and false statements); (C) section 788 (relating to major fraud against the United States); (D) section 789 (relating to concealment of assets from conservator or receiver of insured financial institution); (E) section 801 (relating to mail fraud); or (F) section 803 (relating to wire fraud), if such violation relates to the sale of assets acquired or held by the Federal Deposit Insurance Corporation, as conservator or receiver for a financial institution, or any other conservator for a financial institution appointed by the Office of the Comptroller of the Currency or the National Credit Union Administration, as conservator or liquidating agent for a financial institution. (5) A violation of— (A) section 717 (relating to altering or removing motor vehicle identification numbers); (B) section 866 (relating to importing or exporting stolen motor vehicles); (C) section 671 (relating to transporting stolen motor vehicles in interstate commerce); or (D) section 672 (relating to possessing or selling a stolen motor vehicle that has moved in interstate commerce). (6) A Federal crime of terrorism (as defined in section 273(g)(3)). (7) Any act of international terrorism (as defined in section 283) against the United States, citizens or residents of the United States, or their property, against any international organization as defined in the State Department Basic Authorities Act of 1956, or against any foreign government. (8) A violation of section 280. (9) A violation of chapter 17. (10) A violation of subchapter D or F of chapter 35. (11) A violation of section 221, 222, 223, or 224, or subchapter B of chapter 13. (12) A violation of section 318, 505, 951, or 1454. (13) A violation of section 675, 676, 677, 678, 679, 680, or subchapter C of chapter 35. (c) Application to other civil forfeitures Unless otherwise specified, whenever a law of the United States provides for civil forfeiture, this subchapter applies to that forfeiture. 2552. Procedure generally (a) Seizure and preliminary matters (1) Except as provided in section 2555, any property subject to forfeiture to the United States under section 2551 may be seized by the Attorney General and, in the case of property involved in a violation investigated by the Secretary of the Treasury or the United States Postal Service, the property may also be seized by the Secretary of the Treasury or the Postal Service, respectively. (2) Seizures under this section shall be made pursuant to a warrant obtained in the same manner as provided for a search warrant under the Federal Rules of Criminal Procedure, except that a seizure may be made without a warrant if— (A) a complaint for forfeiture has been filed in the United States district court and the court issued an arrest warrant in rem pursuant to the Supplemental Rules for Certain Admiralty and Maritime Claims; (B) there is probable cause to believe that the property is subject to forfeiture and— (i) the seizure is made pursuant to a lawful arrest or search; or (ii) another exception to the Fourth Amendment warrant requirement would apply; or (C) the property was lawfully seized by a State or local law enforcement agency and transferred to a Federal agency. (3) Notwithstanding rule 41(a) of the Federal Rules of Criminal Procedure, a seizure warrant may be issued pursuant to this subsection by a judicial officer in any district in which a forfeiture action against the property may be filed under section 1355(b) of title 28, and may be executed in any district in which the property is found, or transmitted to the central authority of any foreign state for service in accordance with any treaty or other international agreement. Any motion for the return of property seized under this section shall be filed in the district court in which the seizure warrant was issued or in the district court for the district in which the property was seized. (4) (A) If any person is arrested or charged in a foreign country in connection with an offense that would give rise to the forfeiture of property in the United States under this section, the Attorney General may apply to any Federal judge or magistrate judge in the district in which the property is located for an ex parte order restraining the property subject to forfeiture for not more than 30 days, except that the time may be extended for good cause shown at a hearing conducted in the manner provided in rule 43(e) of the Federal Rules of Civil Procedure. (B) The application for the restraining order shall set forth the nature and circumstances of the foreign charges and the basis for belief that the person arrested or charged has property in the United States that would be subject to forfeiture, and shall contain a statement that the restraining order is needed to preserve the availability of property for such time as is necessary to receive evidence from the foreign country or elsewhere in support of probable cause for the seizure of the property under this subsection. (b) Securing of property Property taken or detained under this section shall not be repleviable, but shall be deemed to be in the custody of the Attorney General, the Secretary of the Treasury, or the Postal Service, as the case may be, subject only to the orders and decrees of the court or the official having jurisdiction thereof. Whenever property is seized under this subsection, the Attorney General, the Secretary of the Treasury, or the Postal Service, as the case may be, may— (1) place the property under seal; (2) remove the property to a place designated by him; or (3) require that the General Services Administration take custody of the property and remove it, if practicable, to an appropriate location for disposition in accordance with law. (c) Application of customs laws For purposes of this section, sections 602 through 619 of the Tariff Act of 1930, insofar as they are applicable and not inconsistent with this section, apply to seizures and forfeitures incurred, or alleged to have been incurred, under this section, except that such duties as are imposed upon the customs officer or any other person with respect to the seizure and forfeiture of property under the customs laws shall be performed with respect to seizures and forfeitures of property under this section by such officers, agents, or other persons as may be authorized or designated for that purpose by the Attorney General, the Secretary of the Treasury, or the Postal Service, as the case may be. The Attorney General shall have sole responsibility for disposing of petitions for remission or mitigation with respect to property involved in a judicial forfeiture proceeding. (d) Retention or transfer of forfeited property Notwithstanding any other provision of the law, except section 3 of the Anti Drug Abuse Act of 1986, the Attorney General, the Secretary of the Treasury, or the Postal Service, as the case may be, is authorized to retain property forfeited pursuant to this section, or to transfer such property on such terms and conditions as the Attorney General may determine— (1) to any other Federal agency; (2) to any State or local law enforcement agency which participated directly in any of the acts which led to the seizure or forfeiture of the property; (3) in the case of property referred to in section 2551(b)(1), to any Federal financial institution regulatory agency— (A) to reimburse the agency for payments to claimants or creditors of the institution; and (B) to reimburse the insurance fund of the agency for losses suffered by the fund as a result of the receivership or liquidation; (4) in the case of property referred to in section 2551(b)(1), upon the order of the appropriate Federal financial institution regulatory agency, to the financial institution as restitution, with the value of the property so transferred to be set off against any amount later recovered by the financial institution as compensatory damages in any State or Federal proceeding; (5) in the case of property referred to in section 2551(b)(1), to any Federal financial institution regulatory agency, to the extent of the agency’s contribution of resources to, or expenses involved in, the seizure and forfeiture, and the investigation leading directly to the seizure and forfeiture, of such property; (6) as restoration to any victim of the offense giving rise to the forfeiture, including, in the case of a money laundering offense, any offense constituting the underlying specified unlawful activity; or (7) in the case of property referred to in section 2551(b)(3), to the Federal Deposit Insurance Corporation or any other Federal financial institution regulatory agency (as defined in section 8(e)(7)(D) of the Federal Deposit Insurance Act ). The Attorney General, the Secretary of the Treasury, or the Postal Service, as the case may be, shall ensure the equitable transfer pursuant to paragraph (2) of any forfeited property to the appropriate State or local law enforcement agency so as to reflect generally the contribution of any such agency participating directly in any of the acts which led to the seizure or forfeiture of such property. A decision by the Attorney General, the Secretary of the Treasury, or the Postal Service pursuant to paragraph (2) shall not be subject to review. The United States shall not be liable in any action arising out of the use of any property the custody of which was transferred pursuant to this section to any non-Federal agency. The Attorney General, the Secretary of the Treasury, or the Postal Service may order the discontinuance of any forfeiture proceedings under this section in favor of the institution of forfeiture proceedings by State or local authorities under an appropriate State or local statute. After the filing of a complaint for forfeiture under this section, the Attorney General may seek dismissal of the complaint in favor of forfeiture proceedings under State or local law. Whenever forfeiture proceedings are discontinued by the United States in favor of State or local proceedings, the United States may transfer custody and possession of the seized property to the appropriate State or local official immediately upon the initiation of the proper actions by such officials. Whenever forfeiture proceedings are discontinued by the United States in favor of State or local proceedings, notice shall be sent to all known interested parties advising them of the discontinuance or dismissal. The United States shall not be liable in any action arising out of the seizure, detention, and transfer of seized property to State or local officials. The United States shall not be liable in any action arising out of a transfer under paragraph (3), (4), or (5) of this subsection. (e) Stays (1) Upon the motion of the United States, the court shall stay the civil forfeiture proceeding if the court determines that civil discovery will adversely affect the ability of the Government to conduct a related criminal investigation or the prosecution of a related criminal case. (2) Upon the motion of a claimant, the court shall stay the civil forfeiture proceeding with respect to that claimant if the court determines that— (A) the claimant is the subject of a related criminal investigation or case; (B) the claimant has standing to assert a claim in the civil forfeiture proceeding; and (C) continuation of the forfeiture proceeding will burden the right of the claimant against self-incrimination in the related investigation or case. (3) With respect to the impact of civil discovery described in paragraphs (1) and (2), the court may determine that a stay is unnecessary if a protective order limiting discovery would protect the interest of one party without unfairly limiting the ability of the opposing party to pursue the civil case. In no case, however, shall the court impose a protective order as an alternative to a stay if the effect of such protective order would be to allow one party to pursue discovery while the other party is substantially unable to do so. (4) In this subsection, the terms related criminal case and related criminal investigation mean an actual prosecution or investigation in progress at the time at which the request for the stay, or any subsequent motion to lift the stay is made. In determining whether a criminal case or investigation is related to a civil forfeiture proceeding, the court shall consider the degree of similarity between the parties, witnesses, facts, and circumstances involved in the two proceedings, without requiring an identity with respect to any one or more factors. (5) In requesting a stay under paragraph (1), the Government may, in appropriate cases, submit evidence ex parte in order to avoid disclosing any matter that may adversely affect an ongoing criminal investigation or pending criminal trial. (6) Whenever a civil forfeiture proceeding is stayed pursuant to this subsection, the court shall enter any order necessary to preserve the value of the property or to protect the rights of lienholders or other persons with an interest in the property while the stay is in effect. (7) A determination by the court that the claimant has standing to request a stay pursuant to paragraph (2) applies only to this subsection and does not preclude the Government from objecting to the standing of the claimant by dispositive motion or at the time of trial. (f) Venue In addition to the venue provided for in section 1395 of title 28 or any other provision of law, in the case of property of a defendant charged with a violation that is the basis for forfeiture of the property under this section, a proceeding for forfeiture under this section may be brought in the judicial district in which the defendant owning such property is found or in the judicial district in which the criminal prosecution is brought. (g) Disposition (1) Whenever property is forfeited under this subchapter, the Attorney General or the Secretary of the Treasury, as the case may be, may transfer the forfeited personal property or the proceeds of the sale of any forfeited personal or real property to any foreign country which participated directly or indirectly in the seizure or forfeiture of the property, if such a transfer— (A) has been agreed to by the Secretary of State; (B) is authorized in an international agreement between the United States and the foreign country; and (C) is made to a country which, if applicable, has been certified under section 490(a)(1) of the Foreign Assistance Act of 1961 . A decision by the Attorney General or the Secretary of the Treasury pursuant to this paragraph shall not be subject to review. The foreign country shall, in the event of a transfer of property or proceeds of sale of property under this subsection, bear all expenses incurred by the United States in the seizure, maintenance, inventory, storage, forfeiture, and disposition of the property, and all transfer costs. The payment of all such expenses, and the transfer of assets pursuant to this paragraph, shall be upon such terms and conditions as the Attorney General or the Secretary of the Treasury may, in his discretion, set. (2) This section does not limit or supersede any other authority of the United States to provide assistance to a foreign country in obtaining property related to a crime committed in the foreign country, including property which is sought as evidence of a crime committed in the foreign country. (3) A certified order or judgment of forfeiture by a court of competent jurisdiction of a foreign country concerning property which is the subject of forfeiture under this section and was determined by such court to be the type of property described in section 2551(b)(2), and any certified recordings or transcripts of testimony taken in a foreign judicial proceeding concerning such order or judgment of forfeiture, shall be admissible in evidence in a proceeding brought pursuant to this section. Such certified order or judgment of forfeiture, when admitted into evidence, shall constitute probable cause that the property forfeited by such order or judgment of forfeiture is subject to forfeiture under this section and creates a rebuttable presumption of the forfeitability of such property under this section. (4) A certified order or judgment of conviction by a court of competent jurisdiction of a foreign country concerning an unlawful drug activity which gives rise to forfeiture under this section and any certified recordings or transcripts of testimony taken in a foreign judicial proceeding concerning such order or judgment of conviction shall be admissible in evidence in a proceeding brought pursuant to this section. Such certified order or judgment of conviction, when admitted into evidence, creates a rebuttable presumption that the unlawful drug activity giving rise to forfeiture under this section has occurred. (5) Paragraphs (3) and (4) do not limit the admissibility of any evidence otherwise admissible, or the ability of the United States to establish probable cause that property is subject to forfeiture by any evidence otherwise admissible. (h) Definitions As used in this section— (1) the term Attorney General means the Attorney General or his delegate; and (2) the term Secretary of the Treasury means the Secretary of the Treasury or his delegate. (i) Interbank accounts (1) In general (A) In general For the purpose of a forfeiture under this section, if funds are deposited into an account at a foreign financial institution, and that foreign financial institution has an interbank account in the United States with a covered financial institution (as defined in section 5318(j)(1) of title 31), the funds shall be deemed to have been deposited into the interbank account in the United States, and any restraining order, seizure warrant, or arrest warrant in rem regarding the funds may be served on the covered financial institution, and funds in the interbank account, up to the value of the funds deposited into the account at the foreign financial institution, may be restrained, seized, or arrested. (B) Authority to suspend The Attorney General, in consultation with the Secretary of the Treasury, may suspend or terminate a forfeiture under this section if the Attorney General determines that a conflict of law exists between the laws of the jurisdiction in which the foreign financial institution is located and the laws of the United States with respect to liabilities arising from the restraint, seizure, or arrest of such funds, and that such suspension or termination would be in the interest of justice and would not harm the national interests of the United States. (2) No requirement for Government to trace funds If a forfeiture action is brought against funds that are restrained, seized, or arrested under paragraph (1), it shall not be necessary for the Government to establish that the funds are directly traceable to the funds that were deposited into the foreign financial institution, nor shall it be necessary for the Government to rely on the application of section 2554. (3) Claims brought by owner of the funds If a forfeiture action is instituted against funds restrained, seized, or arrested under paragraph (1), the owner of the funds deposited into the account at the foreign financial institution may contest the forfeiture by filing a claim under section 2553. (4) Definitions For purposes of this subsection, the following definitions apply: (A) Interbank account The term interbank account has the same meaning as in section 2554(c)(2)(B). (B) Owner (i) In general Except as provided in clause (ii), the term owner — (I) means the person who was the owner, as that term is defined in section 2553(d)(6), of the funds that were deposited into the foreign financial institution at the time such funds were deposited; and (II) does not include either the foreign financial institution or any financial institution acting as an intermediary in the transfer of the funds into the interbank account. (ii) Exception The foreign financial institution may be considered the owner of the funds (and no other person shall qualify as the owner of such funds) only if— (I) the basis for the forfeiture action is wrongdoing committed by the foreign financial institution; or (II) the foreign financial institution establishes, by a preponderance of the evidence, that prior to the restraint, seizure, or arrest of the funds, the foreign financial institution had discharged all or part of its obligation to the prior owner of the funds, in which case the foreign financial institution shall be deemed the owner of the funds to the extent of such discharged obligation. (C) Foreign financial institution The term foreign financial institution includes a foreign bank as defined in section 1(b)(7) of the International Banking Act of 1978 . 2553. General rules for civil forfeiture proceedings (a) Notice; claim; complaint (1) (A) (i) Except as provided in clauses (ii) through (v), in any nonjudicial civil forfeiture proceeding under a civil forfeiture statute, with respect to which the Government is required to send written notice to interested parties, such notice shall be sent in a manner to achieve proper notice as soon as practicable, and in no case more than 60 days after the date of the seizure. (ii) No notice is required if, before the 60-day period expires, the Government files a civil judicial forfeiture action against the property and provides notice of that action as required by law. (iii) If, before the 60-day period expires, the Government does not file a civil judicial forfeiture action, but does obtain a criminal indictment containing an allegation that the property is subject to forfeiture, the Government shall either— (I) send notice within the 60 days and continue the nonjudicial civil forfeiture proceeding under this section; or (II) terminate the nonjudicial civil forfeiture proceeding, and take the steps necessary to preserve its right to maintain custody of the property as provided in the applicable criminal forfeiture statute. (iv) In a case in which the property is seized by a State or local law enforcement agency and turned over to a Federal law enforcement agency for the purpose of forfeiture under Federal law, notice shall be sent not more than 90 days after the date of seizure by the State or local law enforcement agency. (v) If the identity or interest of a party is not determined until after the seizure or turnover but is determined before a declaration of forfeiture is entered, notice shall be sent to such interested party not later than 60 days after the determination by the Government of the identity of the party or the party’s interest. (B) A supervisory official in the headquarters office of the seizing agency may extend the period for sending notice under subparagraph (A) for a period not to exceed 30 days (which period may not be further extended except by a court), if the official determines that the conditions in subparagraph (D) are present. (C) Upon motion by the Government, a court may extend the period for sending notice under subparagraph (A) for a period not to exceed 60 days, which period may be further extended by the court for 60-day periods, as necessary, if the court determines, based on a written certification of a supervisory official in the headquarters office of the seizing agency, that the conditions in subparagraph (D) are present. (D) The period for sending notice under this paragraph may be extended only if there is reason to believe that notice may have an adverse result, including— (i) endangering the life or physical safety of an individual; (ii) flight from prosecution; (iii) destruction of or tampering with evidence; (iv) intimidation of potential witnesses; or (v) otherwise seriously jeopardizing an investigation or unduly delaying a trial. (E) Each of the Federal seizing agencies conducting nonjudicial forfeitures under this section shall report periodically to the Committees on the Judiciary of the House of Representatives and the Senate the number of occasions when an extension of time is granted under subparagraph (B). (F) If the Government does not send notice of a seizure of property in accordance with subparagraph (A) to the person from whom the property was seized, and no extension of time is granted, the Government shall return the property to that person without prejudice to the right of the Government to commence a forfeiture proceeding at a later time. The Government shall not be required to return contraband or other property that the person from whom the property was seized may not legally possess. (2) (A) Any person claiming property seized in a nonjudicial civil forfeiture proceeding under a civil forfeiture statute may file a claim with the appropriate official after the seizure. (B) A claim under subparagraph (A) may be filed not later than the deadline set forth in a personal notice letter (which deadline may be not earlier than 35 days after the date the letter is mailed), except that if that letter is not received, then a claim may be filed not later than 30 days after the date of final publication of notice of seizure. (C) A claim shall— (i) identify the specific property being claimed; (ii) state the claimant’s interest in such property; and (iii) be made under oath, subject to penalty of perjury. (D) A claim need not be made in any particular form. Each Federal agency conducting nonjudicial forfeitures under this section shall make claim forms generally available on request, which forms shall be written in easily understandable language. (E) Any person may make a claim under subparagraph (A) without posting bond with respect to the property which is the subject of the claim. (3) (A) Not later than 90 days after a claim has been filed, the Government shall file a complaint for forfeiture in the manner set forth in the Supplemental Rules for Certain Admiralty and Maritime Claims or return the property pending the filing of a complaint, except that a court in the district in which the complaint will be filed may extend the period for filing a complaint for good cause shown or upon agreement of the parties. (B) If the Government does not— (i) file a complaint for forfeiture or return the property, in accordance with subparagraph (A); or (ii) before the time for filing a complaint has expired— (I) obtain a criminal indictment containing an allegation that the property is subject to forfeiture; and (II) take the steps necessary to preserve its right to maintain custody of the property as provided in the applicable criminal forfeiture statute, the Government shall promptly release the property pursuant to regulations promulgated by the Attorney General, and may not take any further action to effect the civil forfeiture of such property in connection with the underlying offense. (C) In lieu of, or in addition to, filing a civil forfeiture complaint, the Government may include a forfeiture allegation in a criminal indictment. If criminal forfeiture is the only forfeiture proceeding commenced by the Government, the Government’s right to continued possession of the property shall be governed by the applicable criminal forfeiture statute. (D) No complaint may be dismissed on the ground that the Government did not have adequate evidence at the time the complaint was filed to establish the forfeitability of the property. (4) (A) In any case in which the Government files in the appropriate United States district court a complaint for forfeiture of property, any person claiming an interest in the seized property may file a claim asserting such person’s interest in the property in the manner set forth in the Supplemental Rules for Certain Admiralty and Maritime Claims, except that such claim may be filed not later than 30 days after the date of service of the Government’s complaint or, as applicable, not later than 30 days after the date of final publication of notice of the filing of the complaint. (B) A person asserting an interest in seized property, in accordance with subparagraph (A), shall file an answer to the Government’s complaint for forfeiture not later than 20 days after the date of the filing of the claim. (b) Representation (1) (A) If a person with standing to contest the forfeiture of property in a judicial civil forfeiture proceeding under a civil forfeiture statute is financially unable to obtain representation by counsel, and the person is represented by counsel appointed under section 3006A in connection with a related criminal case, the court may authorize counsel to represent that person with respect to the claim. (B) In determining whether to authorize counsel to represent a person under subparagraph (A), the court shall take into account such factors as— (i) the person’s standing to contest the forfeiture; and (ii) whether the claim appears to be made in good faith. (2) (A) If a person with standing to contest the forfeiture of property in a judicial civil forfeiture proceeding under a civil forfeiture statute is financially unable to obtain representation by counsel, and the property subject to forfeiture is real property that is being used by the person as a primary residence, the court, at the request of the person, shall insure that the person is represented by an attorney for the Legal Services Corporation with respect to the claim. (B) (i) At appropriate times during a representation under subparagraph (A), the Legal Services Corporation shall submit a statement of reasonable attorney fees and costs to the court. (ii) The court shall enter a judgment in favor of the Legal Services Corporation for reasonable attorney fees and costs submitted pursuant to clause (i) and treat such judgment as payable under section 2465 of title 28, regardless of the outcome of the case. (3) The court shall set the compensation for representation under this subsection, which shall be equivalent to that provided for court-appointed representation under section 3006A. (c) Burden of proof In a suit or action brought under any civil forfeiture statute for the civil forfeiture of any property— (1) the burden of proof is on the Government to establish, by a preponderance of the evidence, that the property is subject to forfeiture; (2) the Government may use evidence gathered after the filing of a complaint for forfeiture to establish, by a preponderance of the evidence, that property is subject to forfeiture; and (3) if the Government’s theory of forfeiture is that the property was used to commit or facilitate the commission of a criminal offense, or was involved in the commission of a criminal offense, the Government shall establish that there was a substantial connection between the property and the offense. (d) Innocent owner defense (1) An innocent owner’s interest in property shall not be forfeited under any civil forfeiture statute. The claimant shall have the burden of proving that the claimant is an innocent owner by a preponderance of the evidence. (2) (A) With respect to a property interest in existence at the time the illegal conduct giving rise to forfeiture took place, the term innocent owner means an owner who— (i) did not know of the conduct giving rise to forfeiture; or (ii) upon learning of the conduct giving rise to the forfeiture, did all that reasonably could be expected under the circumstances to terminate such use of the property. (B) (i) For the purposes of this paragraph, ways in which a person may show that such person did all that reasonably could be expected may include demonstrating that such person, to the extent permitted by law— (I) gave timely notice to an appropriate law enforcement agency of information that led the person to know the conduct giving rise to a forfeiture would occur or has occurred; and (II) in a timely fashion revoked or made a good faith attempt to revoke permission for those engaging in such conduct to use the property or took reasonable actions in consultation with a law enforcement agency to discourage or prevent the illegal use of the property. (ii) A person is not required by this subparagraph to take steps that the person reasonably believes would be likely to subject any person (other than the person whose conduct gave rise to the forfeiture) to physical danger. (3) (A) With respect to a property interest acquired after the conduct giving rise to the forfeiture has taken place, the term innocent owner means a person who, at the time that person acquired the interest in the property— (i) was a bona fide purchaser or seller for value (including a purchaser or seller of goods or services for value); and (ii) did not know and was reasonably without cause to believe that the property was subject to forfeiture. (B) An otherwise valid claim under subparagraph (A) shall not be denied on the ground that the claimant gave nothing of value in exchange for the property if— (i) the property is the primary residence of the claimant; (ii) depriving the claimant of the property would deprive the claimant of the means to maintain reasonable shelter in the community for the claimant and all dependents residing with the claimant; (iii) the property is not, and is not traceable to, the proceeds of any criminal offense; and (iv) the claimant acquired his or her interest in the property through marriage, divorce, or legal separation, or the claimant was the spouse or legal dependent of a person whose death resulted in the transfer of the property to the claimant through inheritance or probate, except that the court shall limit the value of any real property interest for which innocent ownership is recognized under this subparagraph to the value necessary to maintain reasonable shelter in the community for such claimant and all dependents residing with the claimant. (4) Notwithstanding any provision of this subsection, no person may assert an ownership interest under this subsection in contraband or other property that it is illegal to possess. (5) If the court determines, in accordance with this section, that an innocent owner has a partial interest in property otherwise subject to forfeiture, or a joint tenancy or tenancy by the entirety in such property, the court may enter an appropriate order— (A) severing the property; (B) transferring the property to the Government with a provision that the Government compensate the innocent owner to the extent of his or her ownership interest once a final order of forfeiture has been entered and the property has been reduced to liquid assets; or (C) permitting the innocent owner to retain the property subject to a lien in favor of the Government to the extent of the forfeitable interest in the property. (6) In this subsection, the term owner — (A) means a person with an ownership interest in the specific property sought to be forfeited, including a leasehold, lien, mortgage, recorded security interest, or valid assignment of an ownership interest; and (B) does not include— (i) a person with only a general unsecured interest in, or claim against, the property or estate of another; (ii) a bailee unless the bailor is identified and the bailee shows a colorable legitimate interest in the property seized; or (iii) a nominee who exercises no dominion or control over the property. (e) Motion To set aside forfeiture (1) Any person entitled to written notice in any nonjudicial civil forfeiture proceeding under a civil forfeiture statute who does not receive such notice may file a motion to set aside a declaration of forfeiture with respect to that person’s interest in the property, which motion shall be granted if— (A) the Government knew, or reasonably should have known, of the moving party’s interest and failed to take reasonable steps to provide such party with notice; and (B) the moving party did not know or have reason to know of the seizure within sufficient time to file a timely claim. (2) (A) Notwithstanding the expiration of any applicable statute of limitations, if the court grants a motion under paragraph (1), the court shall set aside the declaration of forfeiture as to the interest of the moving party without prejudice to the right of the Government to commence a subsequent forfeiture proceeding as to the interest of the moving party. (B) Any proceeding described in subparagraph (A) shall be commenced— (i) if nonjudicial, within 60 days of the entry of the order granting the motion; or (ii) if judicial, within 6 months of the entry of the order granting the motion. (3) A motion under paragraph (1) may be filed not later than 5 years after the date of final publication of notice of seizure of the property. (4) If, at the time a motion made under paragraph (1) is granted, the forfeited property has been disposed of by the Government in accordance with law, the Government may institute proceedings against a substitute sum of money equal to the value of the moving party’s interest in the property at the time the property was disposed of. (5) A motion filed under this subsection shall be the exclusive remedy for seeking to set aside a declaration of forfeiture under a civil forfeiture statute. (f) Release of seized property (1) A claimant under subsection (a) is entitled to immediate release of seized property if— (A) the claimant has a possessory interest in the property; (B) the claimant has sufficient ties to the community to provide assurance that the property will be available at the time of the trial; (C) the continued possession by the Government pending the final disposition of forfeiture proceedings will cause substantial hardship to the claimant, such as preventing the functioning of a business, preventing an individual from working, or leaving an individual homeless; (D) the claimant’s likely hardship from the continued possession by the Government of the seized property outweighs the risk that the property will be destroyed, damaged, lost, concealed, or transferred if it is returned to the claimant during the pendency of the proceeding; and (E) none of the conditions set forth in paragraph (8) applies. (2) A claimant seeking release of property under this subsection must request possession of the property from the appropriate official, and the request must set forth the basis on which the requirements of paragraph (1) are met. (3) (A) If not later than 15 days after the date of a request under paragraph (2) the property has not been released, the claimant may file a petition in the district court in which the complaint has been filed or, if no complaint has been filed, in the district court in which the seizure warrant was issued or in the district court for the district in which the property was seized. (B) The petition described in subparagraph (A) shall set forth— (i) the basis on which the requirements of paragraph (1) are met; and (ii) the steps the claimant has taken to secure release of the property from the appropriate official. (4) If the Government establishes that the claimant’s claim is frivolous, the court shall deny the petition. In responding to a petition under this subsection on other grounds, the Government may in appropriate cases submit evidence ex parte in order to avoid disclosing any matter that may adversely affect an ongoing criminal investigation or pending criminal trial. (5) The court shall render a decision on a petition filed under paragraph (3) not later than 30 days after the date of the filing, unless such 30-day limitation is extended by consent of the parties or by the court for good cause shown. (6) If— (A) a petition is filed under paragraph (3); and (B) the claimant demonstrates that the requirements of paragraph (1) have been met, the district court shall order that the property be returned to the claimant, pending completion of proceedings by the Government to obtain forfeiture of the property. (7) If the court grants a petition under paragraph (3)— (A) the court may enter any order necessary to ensure that the value of the property is maintained while the forfeiture action is pending, including— (i) permitting the inspection, photographing, and inventory of the property; (ii) fixing a bond in accordance with rule E(5) of the Supplemental Rules for Certain Admiralty and Maritime Claims; and (iii) requiring the claimant to obtain or maintain insurance on the subject property; and (B) the Government may place a lien against the property or file a lis pendens to ensure that the property is not transferred to another person. (8) This subsection does not apply if the seized property— (A) is contraband, currency, or other monetary instrument, or electronic funds unless such currency or other monetary instrument or electronic funds constitutes the assets of a legitimate business which has been seized; (B) is to be used as evidence of a violation of the law; (C) by reason of design or other characteristic, is particularly suited for use in illegal activities; or (D) is likely to be used to commit additional criminal acts if returned to the claimant. (g) Proportionality (1) The claimant under subsection (a)(4) may petition the court to determine whether the forfeiture was constitutionally excessive. (2) In making this determination, the court shall compare the forfeiture to the gravity of the offense giving rise to the forfeiture. (3) The claimant shall have the burden of establishing that the forfeiture is grossly disproportional by a preponderance of the evidence at a hearing conducted by the court without a jury. (4) If the court finds that the forfeiture is grossly disproportional to the offense it shall reduce or eliminate the forfeiture as necessary to avoid a violation of the Excessive Fines Clause of the Eighth Amendment of the Constitution. (h) Civil fine (1) In any civil forfeiture proceeding under a civil forfeiture statute in which the Government prevails, if the court finds that the claimant’s assertion of an interest in the property was frivolous, the court may impose a civil fine on the claimant of an amount equal to 10 percent of the value of the forfeited property, but in no event shall the fine be less than $250 or greater than $5,000. (2) Any civil fine imposed under this subsection shall not preclude the court from imposing sanctions under rule 11 of the Federal Rules of Civil Procedure. (3) In addition to the limitations of section 1915 of title 28, in no event shall a prisoner file a claim under a civil forfeiture statute or appeal a judgment in a civil action or proceeding based on a civil forfeiture statute if the prisoner has, on three or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous or malicious, unless the prisoner shows extraordinary and exceptional circumstances. (i) Civil forfeiture statute defined In this section, the term civil forfeiture statute — (1) means any provision of Federal law providing for the forfeiture of property other than as a sentence imposed upon conviction of a criminal offense; and (2) does not include— (A) the Tariff Act of 1930 or any other provision of law codified in title 19; (B) the Internal Revenue Code of 1986; (C) the Federal Food, Drug, and Cosmetic Act ; (D) the Trading with the Enemy Act or the International Emergency Economic Powers Act (IEEPA); or (E) section 1 of title VI of the Act of June 15, 1917 (40 Stat. 233). (j) Restraining orders; protective orders (1) Upon application of the United States, the court may enter a restraining order or injunction, require the execution of satisfactory performance bonds, create receiverships, appoint conservators, custodians, appraisers, accountants, or trustees, or take any other action to seize, secure, maintain, or preserve the availability of property subject to civil forfeiture— (A) upon the filing of a civil forfeiture complaint alleging that the property with respect to which the order is sought is subject to civil forfeiture; or (B) prior to the filing of such a complaint, if, after notice to persons appearing to have an interest in the property and opportunity for a hearing, the court determines that— (i) there is a substantial probability that the United States will prevail on the issue of forfeiture and that failure to enter the order will result in the property being destroyed, removed from the jurisdiction of the court, or otherwise made unavailable for forfeiture; and (ii) the need to preserve the availability of the property through the entry of the requested order outweighs the hardship on any party against whom the order is to be entered. (2) An order entered pursuant to paragraph (1)(B) shall be effective for not more than 90 days, unless extended by the court for good cause shown, or unless a complaint described in paragraph (1)(A) has been filed. (3) A temporary restraining order under this subsection may be entered upon application of the United States without notice or opportunity for a hearing when a complaint has not yet been filed with respect to the property, if the United States demonstrates that there is probable cause to believe that the property with respect to which the order is sought is subject to civil forfeiture and that provision of notice will jeopardize the availability of the property for forfeiture. Such a temporary order shall expire not more than 14 days after the date on which it is entered, unless extended for good cause shown or unless the party against whom it is entered consents to an extension for a longer period. A hearing requested concerning an order entered under this paragraph shall be held at the earliest possible time and prior to the expiration of the temporary order. (4) The court may receive and consider, at a hearing held pursuant to this subsection, evidence and information that would be inadmissible under the Federal Rules of Evidence. 2554. Civil forfeiture of fungible property (a) Generally (1) In any forfeiture action in rem in which the subject property is cash, monetary instruments in bearer form, funds deposited in an account in a financial institution or precious metals— (A) it shall not be necessary for the Government to identify the specific property involved in the offense that is the basis for the forfeiture; and (B) it shall not be a defense that the property involved in such an offense has been removed and replaced by identical property. (2) Except as provided in subsection (b), any identical property found in the same place or account as the property involved in the offense that is the basis for the forfeiture shall be subject to forfeiture under this section. (b) Limitation No action pursuant to this section to forfeit property not traceable directly to the offense that is the basis for the forfeiture may be commenced more than 1 year from the date of the offense. (c) Exception (1) Subsection (a) does not apply to an action against funds held by a financial institution in an interbank account unless the account holder knowingly engaged in the offense that is the basis for the forfeiture. (2) In this subsection— (A) the term financial institution includes a foreign bank (as defined in section 1(b)(7) of the International Banking Act of 1978 ); and (B) the term interbank account means an account held by one financial institution at another financial institution primarily for the purpose of facilitating customer transactions. (d) Disclaimer Nothing in this section limits the ability of the Government to forfeit property under any provision of law if the property involved in the offense giving rise to the forfeiture or property traceable thereto is available for forfeiture. 2555. Civil forfeiture of real property (a) Judicial forfeitures Notwithstanding any other provision of law, all civil forfeitures of real property and interests in real property shall proceed as judicial forfeitures. (b) Preliminary matters (1) Except as provided in this section— (A) real property that is the subject of a civil forfeiture action shall not be seized before entry of an order of forfeiture; and (B) the owners or occupants of the real property shall not be evicted from, or otherwise deprived of the use and enjoyment of, real property that is the subject of a pending forfeiture action. (2) The filing of a lis pendens and the execution of a writ of entry for the purpose of conducting an inspection and inventory of the property shall not be considered a seizure under this subsection. (c) Initiation (1) The Government shall initiate a civil forfeiture action against real property by— (A) filing a complaint for forfeiture; (B) posting a notice of the complaint on the property; and (C) serving notice on the property owner, along with a copy of the complaint. (2) If the property owner cannot be served with the notice under paragraph (1) because the owner— (A) is a fugitive; (B) resides outside the United States and efforts at service pursuant to rule 4 of the Federal Rules of Civil Procedure are unavailing; or (C) cannot be located despite the exercise of due diligence, constructive service may be made in accordance with the laws of the State in which the property is located. (3) If real property has been posted in accordance with this subsection, it shall not be necessary for the court to issue an arrest warrant in rem, or to take any other action to establish in rem jurisdiction over the property. (d) Seizure prior to entry of order (1) Real property may be seized prior to the entry of an order of forfeiture if— (A) the Government notifies the court that it intends to seize the property before trial; and (B) the court— (i) issues a notice of application for warrant, causes the notice to be served on the property owner and posted on the property, and conducts a hearing in which the property owner has a meaningful opportunity to be heard; or (ii) makes an ex parte determination that there is probable cause for the forfeiture and that there are exigent circumstances that permit the Government to seize the property without prior notice and an opportunity for the property owner to be heard. (2) For purposes of paragraph (1)(B)(ii), to establish exigent circumstances, the Government shall show that less restrictive measures such as a lis pendens, restraining order, or bond would not suffice to protect the Government’s interests in preventing the sale, destruction, or continued unlawful use of the real property. (e) Post-Seizure hearing If the court authorizes a seizure of real property under subsection (d)(1)(B)(ii), it shall conduct a prompt post-seizure hearing during which the property owner shall have an opportunity to contest the basis for the seizure. (f) Application This section— (1) applies only to civil forfeitures of real property and interests in real property; (2) does not apply to forfeitures of the proceeds of the sale of such property or interests, or of money or other assets intended to be used to acquire such property or interests; and (3) shall not affect the authority of the court to enter a restraining order relating to real property. 2556. Subpoenas for bank records (a) In general At any time after the commencement of any action for forfeiture in rem brought by the United States under section 1451, 1452, and 508 of this title, section 5322 or 5324 of title 31, or the Controlled Substances Act , any party may request the Clerk of the Court in the district in which the proceeding is pending to issue a subpoena duces tecum to any financial institution, as defined in section 5312(a) of title 31, to produce books, records and any other documents at any place designated by the requesting party. All parties to the proceeding shall be notified of the issuance of any such subpoena. The procedures and limitations set forth in section 2555 shall apply to subpoenas issued under this section. (b) Service Service of a subpoena issued pursuant to this section shall be by certified mail. Records produced in response to such a subpoena may be produced in person or by mail, common carrier, or such other method as may be agreed upon by the party requesting the subpoena and the custodian of records. The party requesting the subpoena may require the custodian of records to submit an affidavit certifying the authenticity and completeness of the records and explaining the omission of any record called for in the subpoena. (c) Discovery Nothing in this section precludes any party from pursuing any form of discovery pursuant to the Federal Rules of Civil Procedure. (d) Access to records in bank secrecy jurisdictions (1) In general In any civil forfeiture case, or in any ancillary proceeding in any criminal forfeiture case involving a violation of Chapter 17 punishable by imprisonment by more than one year, in which— (A) financial records located in a foreign country may be material— (i) to any claim or to the ability of the Government to respond to such claim; or (ii) in a civil forfeiture case, to the ability of the Government to establish the forfeitability of the property; and (B) it is within the capacity of the claimant to waive the claimant’s rights under applicable financial secrecy laws, or to obtain the records so that such records can be made available notwithstanding such secrecy laws, the refusal of the claimant to provide the records in response to a discovery request or to take the action necessary otherwise to make the records available shall be grounds for judicial sanctions, up to and including dismissal of the claim with prejudice. (2) Privilege This subsection does not affect the right of the claimant to refuse production on the basis of any privilege guaranteed by the Constitution of the United States or any other provision of Federal law. 2557. Anti-terrorist forfeiture protection (a) Right To contest An owner of property that is confiscated under any provision of law relating to the confiscation of assets of suspected international terrorists, may contest that confiscation by filing a claim in the manner set forth in the Federal Rules of Civil Procedure (Supplemental Rules for Certain Admiralty and Maritime Claims), and asserting as an affirmative defense that— (1) the property is not subject to confiscation under such provision of law; or (2) the innocent owner provisions of section 2553(d) apply to the case. (b) Evidence In considering a claim filed under this section, a court may admit evidence that is otherwise inadmissible under the Federal Rules of Evidence, if the court determines that the evidence is reliable, and that compliance with the Federal Rules of Evidence may jeopardize the national security interests of the United States. (c) Clarifications (1) Protection of rights The exclusion of certain provisions of Federal law from the definition of the term civil forfeiture statute in section 2553(i) shall not be construed to deny an owner of property the right to contest the confiscation of assets of suspected international terrorists under— (A) subsection (a) of this section; (B) the Constitution; or (C) subchapter II of chapter 5 of title 5. (2) Savings clause Nothing in this section limits or otherwise affects any other remedies that may be available to an owner of property under section 2553 or any other provision of law. C CRIMINAL FORFEITURE Sec. 2561. Offenses giving rise to criminal forfeiture. 2562. Procedures for criminal forfeiture. 2561. Offenses giving rise to criminal forfeiture (a) Property forfeited at time of sentence The court, when imposing a sentence on a defendant convicted of an offense described in subsection (b), shall order the defendant forfeit to the United States all forfeitable property (as defined in section 2501) related to the offense. (b) Offenses for which criminal forfeiture is To be ordered The offenses for which criminal forfeiture shall occur under this section are the following: (1) A violation of section 508, 1451, or 1452. (2) A violation of, or a conspiracy to violate— (A) section 644, 645, 773–775, 779, 801, 803, 804, or 1003, affecting a financial institution; (B) section 614, 692–695, 697–702, 712, 716, 783, 862, or 863; (3) A violation of— (A) section 653(a)(1) (relating to theft or bribery concerning programs receiving Federal funds); (B) section 772 (relating to fraud and false statements); (C) section 788 (relating to major fraud against the United States); (D) section 789 (relating to concealment of assets from conservator, receiver, or liquidating agent of insured financial institution); (E) section 801 (relating to mail fraud); or (F) section 803 (relating to wire fraud), involving the sale of assets acquired or held by the Federal Deposit Insurance Corporation, as conservator or receiver for a financial institution or any other conservator for a financial institution appointed by the Office of the Comptroller of the Currency, or the National Credit Union Administration, as conservator or liquidating agent for a financial institution, shall order that the person forfeit to the United States any property, real or personal, which represents or is traceable to the gross receipts obtained, directly or indirectly, as a result of such violation. (4) A violation of— (A) section 717 (altering or removing motor vehicle identification numbers); (B) section 866 (importing or exporting stolen motor vehicles); (C) section 671 (transporting stolen motor vehicles in interstate commerce); or (D) section 672 (possessing or selling a stolen motor vehicle that has moved in interstate commerce). (5) A violation of, or conspiracy to violate, 274A(a)(1), or 274A(a)(2) of the Immigration and Nationality Act , or any of sections 311 through 316, section 318(a), section 867 of this title, or a vioaltion of, or conspiracy to violate, section 783 of this title if committed in connection with passport or visa issuance or use. (6) A Federal health care offense. (7) A violation of, or conspiracy to violate, section 783, 786, 801, 802, 803, or 804. (8) A violation of chapter 17 punishable by imprisonment for more than one year. (9) A violation of section 221, 222, 223, or 224, or subchapter B of chapter 13. (10) A violation of section 512. (11) A violation of section 783, 786, 787, or 794. (12) A violation of section 302, 302, 631, or 927, or subchapter F of chapter 35. (13) A violation of section 675, 676, 677, 678, 679, 680, or subchapter C of chapter 35. (14) A violation of section 868. 2562. Procedures for criminal forfeiture (a) Application of procedures Unless otherwise provided by law, the procedures set forth in this section govern any criminal forfeiture under a law of the United States. (b) Third party transfers All right, title, and interest in forfeitable vests in the United States upon the commission of the act giving rise to forfeiture under this subchapter. Any such property that is subsequently transferred to a person other than the defendant may be the subject of a special verdict of forfeiture and thereafter shall be ordered forfeited to the United States, unless the transferee establishes in a hearing pursuant to subsection (n) that the transferee is a bona fide purchaser for value of such property who at the time of purchase was reasonably without cause to believe that the property was subject to forfeiture under this section. (c) Rebuttable presumption There is a rebuttable presumption at trial that any property of a person convicted of a felony under chapter 17 is subject to forfeiture under this section if the United States establishes by a preponderance of the evidence that— (1) such property was acquired by such person during the period of the violation or within a reasonable time after such period; and (2) there was no likely source for such property other than the violation (d) Protective orders (1) When issued Upon application of the United States, the court may enter a restraining order or injunction, require the execution of a satisfactory performance bond, or take any other action to preserve the availability of property for forfeiture under this section— (A) upon the filing of an indictment or information charging a violation for which criminal forfeiture may be ordered under this section and alleging that the property with respect to which the order is sought would, in the event of conviction, be subject to forfeiture under this section; or (B) prior to the filing of such an indictment or information, if, after notice to persons appearing to have an interest in the property and opportunity for a hearing, the court determines that— (i) there is a substantial probability that the United States will prevail on the issue of forfeiture and that failure to enter the order will result in the property being destroyed, removed from the jurisdiction of the court, or otherwise made unavailable for forfeiture; and (ii) the need to preserve the availability of the property through the entry of the requested order outweighs the hardship on any party against whom the order is to be entered. (2) Length An order entered pursuant to paragraph (1)(B) shall be effective for not more than 90 days, unless extended by the court for good cause shown or unless an indictment or information described in paragraph (1)(A) has been filed. (3) Ex parte A temporary restraining order under this subsection may be entered upon application of the United States without notice or opportunity for a hearing when an information or indictment has not yet been filed with respect to the property, if the United States demonstrates that there is probable cause to believe that the property with respect to which the order is sought would, in the event of conviction, be subject to forfeiture under this section and that provision of notice will jeopardize the availability of the property for forfeiture. Such a temporary order shall expire not more than 14 days after the date on which it is entered, unless extended for good cause shown or unless the party against whom it is entered consents to an extension for a longer period. A hearing requested concerning an order entered under this paragraph shall be held at the earliest possible time and prior to the expiration of the temporary order. (4) Evidence The court may receive and consider, at a hearing held pursuant to this subsection, evidence and information that would be inadmissible under the Federal Rules of Evidence. (5) Order to repatriate and deposit (A) In general Pursuant to its authority to enter a pretrial restraining order under this section, the court may order a defendant to repatriate any property that may be seized and forfeited, and to deposit that property pending trial in the registry of the court, or with the United States Marshals Service or the Secretary of the Treasury, in an interest-bearing account, if appropriate. (B) Failure to comply Failure to comply with an order under this subsection, or an order to repatriate property under subsection (o), shall be punishable as a civil or criminal contempt of court, and may also result in an enhancement of the sentence of the defendant under the obstruction of justice provision of the Federal Sentencing Guidelines. (e) Warrant of seizure The Government may request the issuance of a warrant authorizing the seizure of property subject to forfeiture under this section in the same manner as provided for a search warrant. If the court determines that there is probable cause to believe that the property to be seized would, in the event of conviction, be subject to forfeiture and that an order under subsection (d) may not be sufficient to assure the availability of the property for forfeiture, the court shall issue a warrant authorizing the seizure of such property. (f) Execution Upon entry of an order of forfeiture under this section, the court shall authorize the Attorney General to seize all property ordered forfeited upon such terms and conditions as the court shall deem proper. Following entry of an order declaring the property forfeited, the court may, upon application of the United States, enter such appropriate restraining orders or injunctions, require the execution of satisfactory performance bonds, appoint receivers, conservators, appraisers, accountants, or trustees, or take any other action to protect the interest of the United States in the property ordered forfeited. Any income accruing to or derived from property ordered forfeited under this section may be used to offset ordinary and necessary expenses to the property which are required by law, or which are necessary to protect the interests of the United States or third parties. (g) Disposition of property Following the seizure of property ordered forfeited under this section, the Attorney General shall direct the disposition of the property by sale of any other any other commercially feasible means, making due provision for the rights of any innocent persons. Any property right or interest not exercisable by, or transferable for value to, the United States shall expire and shall not revert to the defendant, nor shall the defendant or any person acting in concert with or on the behalf of the defendant be eligible to purchase forfeited property at any sale held by the United States. Upon application of a person, other than the defendant or a person acting in concert with or on the behalf of the defendant, the court may restrain or stay the sale or disposition of the property pending the conclusion of any appeal of the criminal case giving rise to the forfeiture, if the applicant demonstrates that proceeding with the sale or disposition of the property will result in irreparable injury, harm, or loss to the applicant. (h) Authority of the Attorney General With respect to property ordered forfeited under this section, the Attorney General is authorized to— (1) grant petitions for mitigation or remission of forfeiture, restore forfeited property to victims of a violation, or take any other action to protect the rights of innocent persons which is in the interest of justice and which is not inconsistent with this section; (2) compromise claims arising under this section; (3) award compensation to persons providing information resulting in a forfeiture under this section; (4) direct the disposition by the United States, in accordance with section 511(e) of the Controlled Substances Act , of all property ordered forfeited under this section by public sale or any other commercially feasible means, making due provision for the rights of innocent persons; and (5) take appropriate measures necessary to safeguard and maintain property ordered forfeited under this section pending its disposition. (i) Applicability of civil forfeiture provisions Except to the extent that they are inconsistent with this section, section 2552(g) of this title and section 511(d) of the Controlled Substances Act apply to a criminal forfeiture under this section. (j) Bar on intervention Except as provided in subsection (m), no party claiming an interest in property subject to forfeiture under this section may— (1) intervene in a trial or appeal of a criminal case involving the forfeiture of such property under this section; or (2) commence an action at law or equity against the United States concerning the validity of his alleged interest in the property subsequent to the filing of an indictment or information alleging that the property in subject to forfeiture under this section. (k) Jurisdiction To enter orders The district courts of the United States shall have jurisdiction to enter orders as provided in this section without regard to the location of any property which may be subject to forfeiture under this section or which has been ordered forfeited under this section. (l) Depositions In order to facilitate the identification and location of property declared forfeited and to facilitate the disposition of petitions for remission or mitigation of forfeiture, after the entry of an order declaring property forfeited to the United States, the court may, upon application of the United States, order that the testimony of any witness relating to the property forfeited be taken by deposition and that any designated book, paper, document, record, recording, or other material not privileged be produced at the same time any place, in the same manner as provided for the taking of depositions under Rule 15 of the Federal Rules of Criminal Procedure. (m) Third party interests (1) Following the entry of an order of forfeiture under this section, the United States shall publish notice of the order and of its intent to dispose of the property in such manner as the Attorney General may direct. The Government may also, to the extent practicable, provide direct written notice to any person known to have alleged an interest in the property that is the subject of the order of forfeiture as a substitute for published notice as to those persons so notified. (2) Any person, other than the defendant, asserting a legal interest in property which has been ordered forfeited to the United States pursuant to this section may, within thirty days of the final publication of notice or his receipt of notice under paragraph (1), whichever is earlier, petition the court for a hearing to adjudicate the validity of his alleged interest in the property. The hearing shall be held before the court alone, without a jury. (3) The petition shall be signed by the petitioner under penalty of perjury and shall set forth the nature and extent of the petitioner’s right, title, or interest in the property, the time and circumstances of the petitioner’s acquisition of the right, title, or interest in the property, and additional facts supporting the petitioner’s claim, and the relief sought. (4) The hearing on the petition shall, to the extent practicable and consistent with the interests of justice, be held within thirty days of the filing of the petition. The court may consolidate the hearing on the petition with a hearing on any other petition filed by a person other than the defendant under this subsection. (5) At the hearing, the petitioner may testify and present evidence and witnesses on his own behalf, and cross-examine witnesses who appear at the hearing. The United States may present evidence and witnesses in rebuttal and in defense of this claim to the property and cross-examine witnesses who appear at the hearing, the court shall consider the relevant portions of the record of the criminal case which resulted in the order of forfeiture. (6) If, after the hearing, the court determines that the petitioner has established by a preponderance of the evidence that— (A) the petitioner has a legal right, title, or interest in the property, and such right, title, or interest renders the order of forfeiture invalid in whole or in part because the right, title, or interest was vested in the petitioner rather than the defendant or was superior to any right, title, or interest of the defendant at the time of the commission of the acts which gave rise to the forfeiture of the property under the section; or (B) the petitioner is a bona fide purchaser for value of the right, title, or interest in the property and was at the time of purchase reasonably without cause to believe that the property was subject to forfeiture under this section; the court shall amend the order of forfeiture in accordance with its determination. (7) Following the court’s disposition of all petitions filed under this subsection, or if no such petitions are filed following the expiration of the period provided in paragraph (2) for the filing of such petitions, the United States shall have clear title to property that is the subject of the order of forfeiture and may warrant good title to any subsequent purchaser or transferee. (n) Rule of construction This section shall be liberally construed to effectuate its remedial purposes. (o) Forfeiture of substitute property (1) In general Paragraph (2) of this subsection applies, if any property described in subsection (a), as a result of any act or omission of the defendant— (A) cannot be located upon the exercise of due diligence; (B) has been transferred or sold to, or deposited with, a third party; (C) has been placed beyond the jurisdiction of the court; (D) has been substantially diminished in value; or (E) has been commingled with other property which cannot be divided without difficulty. (2) Substitute property In any case described in any of subparagraphs (A) through (E) of paragraph (1), the court shall order the forfeiture of any other property of the defendant, up to the value of any property described in subparagraphs (A) through (E) of paragraph (1), as applicable. (3) Return of property to jurisdiction In the case of property described in paragraph (1)(C), the court may, in addition to any other action authorized by this subsection, order the defendant to return the property to the jurisdiction of the court so that the property may be seized and forfeited. (4) Limitation This subsection shall not be used to order a defendant to forfeit assets in place of the actual property laundered where such defendant acted merely as an intermediary who handled but did not retain the property in the course of the money laundering offense unless the defendant, in committing the offense or offenses giving rise to the forfeiture, conducted three or more separate transactions involving a total of $100,000 or more in any twelve month period. (p) Special restitution The court, when sentencing a defendant convicted of an offense under chapter 17 involving the manufacture, the possession, or the possession with intent to distribute, of amphetamine or methamphetamine, shall— (1) order restitution as provided in sections 3612 and 3664; (2) order the defendant to reimburse the United States, the State or local government concerned, or both the United States and the State or local government concerned for the costs incurred by the United States or the State or local government concerned, as the case may be, for the cleanup associated with the manufacture of amphetamine or methamphetamine by the defendant, or on premises or in property that the defendant owns, resides, or does business in; and (3) order restitution to any person injured as a result of the offense as provided in section 3663A. . 3. Conforming repeals (a) Controlled Substances Act The Controlled Substances Act is amended— (1) by striking all of the sections in part D, except sections 412 (relating to application of treaties and other international agreements) and 421 (relating to denial of Federal benefits to drug traffickers and possessors); and (2) by striking section 511 (relating to forfeitures). (b) Controlled Substances Import and Export Act The Controlled Substances Import and Export Act is amended by striking sections 1010 (relating to prohibited acts), 1010A (relating to foreign terrorist organizations, terrorist persons and groups), 1012 (relating to second or subsequent offenses), 1013 (relating to attempt and conspiracy), and 1017 (relating to criminal forfeitures). (c) Immigration and Nationality Act The Immigration and Nationality Act is amended by striking sections 243, 274, 275, 276, and 277. (d) Atomic Energy Act of 1954 The Atomic Energy Act of 1954 is amended— (1) by striking sections 92, 221, 224, 225, 226, 227, and 235; (2) by striking subsections a. and b. of section 57; (3) in section 222 a., by striking 57 or ; and (4) by striking subsection b. of section 222. (e) Consumer Credit Protection Act The Consumer Credit Protection Act is amended by striking sections 134 (relating to fraudulent use of credit card), 619 (relating to obtaining information under false pretenses), and 620 (relating to unauthorized disclosures by officers or employees). (f) Title 17, United States Code Title 17, United States Code, is amended by striking section 506 (relating to copyright infringement criminal offenses). (g) Title 28, United States Code Title 28, United States Code, is amended by striking subsection (c) of section 1826 (relating to recalcitrant witnesses). (h) Title 29, United States Code Title 29, United States Code, is amended by striking subsection (c) of section 501 (relating to fiduciary responsibility of officers of labor organizations). (i) Title 31, United States Code Title 31, United States Code, is amended by striking sections 5324 (relating to structuring transactions to evade reporting requirement prohibited) and 5332 (relating to bulk cash smuggling into or out of the United States). (j) Title 49, United States Code Title 49, United States Code, is amended by striking sections 46502, 46504, 46505, and 46506 (relating to special aircraft jurisdiction of the United States). (k) Additional conforming repeals Not later than 180 days after the date of the enactment of this Act, the Attorney General shall submit to Congress proposed legislation repealing additional provisions of law that have been rendered superfluous by the enactment of this Act. 4. Cross references (a) In general Not later than 180 days after the date of the enactment of this Act, the Attorney General shall submit to Congress proposed legislation correcting cross references in other laws to provisions of law that have been amended or repealed by this Act. (b) Relating to Public Law 112–55 Section 511 of Public Law 112–55 is amended— (1) by striking subsection 922(t) each place it appears and inserting section 582(t) ; and (2) in paragraph (2), by striking section 922 of and inserting section 582 of . (c) Relating to Public Law 112–239 Section 1251 of Public Law 112–239 is amended— (1) in subsection (b), by striking section 2333 and inserting section 282(a) ; and (2) in subsection (c), by striking Notwithstanding section 2335 through section 2333 of such title and inserting Notwithstanding section 282(h) of title 18, United States Code, a civil action under section 282(a) of such title . (d) Relating to Public Law 112–144 Section 717 of Public Law 112–144 is amended— (1) in subsection (a)(4), by striking section 2320 and inserting section 680 ; and (2) in subsection (b)(1), by striking section 2320(a)(4) and inserting section 680(a)(4) . 5. Sunset of provision relating to Foreign Intelligence Surveillance Act of 1978 Effective December 31, 2017, except as provided by section 404 of the FISA Amendments Act of 2008, section 1492(b)(1)(B)(i) of title 18, United States Code, is amended by striking or a court order pursuant to section 704 of the Foreign Intelligence Surveillance Act of 1978 . 6. Reenactment outside title 18 of former Section 2258A (relating to reporting requirements of electronic communication service providers and remote computing service providers) (a) Duty To report (1) In general Whoever, while engaged in providing an electronic communication service or a remote computing service to the public through a facility or means of interstate or foreign commerce, obtains actual knowledge of any facts or circumstances described in paragraph (2) shall, as soon as reasonably possible— (A) provide to the CyberTipline of the National Center for Missing and Exploited Children, or any successor to the CyberTipline operated by such center, the mailing address, telephone number, facsimile number, electronic mail address of, and individual point of contact for, such electronic communication service provider or remote computing service provider; and (B) make a report of such facts or circumstances to the CyberTipline, or any successor to the CyberTipline operated by such center. (2) Facts or circumstances The facts or circumstances described in this paragraph are any facts or circumstances from which there is an apparent violation of— (A) section 221, 222, 223, or 224 of title 18, United States Code, that involves child pornography; or (B) section 1445 of title 18, United States Code. (b) Contents of report To the extent the information is within the custody or control of an electronic communication service provider or a remote computing service provider, the facts and circumstances included in each report under subsection (a)(1) may include the following information: (1) Information about the involved individual Information relating to the identity of any individual who appears to have violated a Federal law described in subsection (a)(2), which may, to the extent reasonably practicable, include the electronic mail address, Internet Protocol address, uniform resource locator, or any other identifying information, including self-reported identifying information. (2) Historical reference Information relating to when and how a customer or subscriber of an electronic communication service or a remote computing service uploaded, transmitted, or received apparent child pornography or when and how apparent child pornography was reported to, or discovered by the electronic communication service provider or remote computing service provider, including a date and time stamp and time zone. (3) Geographic location information (A) In general Information relating to the geographic location of the involved individual or website, which may include the Internet Protocol address or verified billing address, or, if not reasonably available, at least 1 form of geographic identifying information, including area code or zip code. (B) Inclusion The information described in subparagraph (A) may also include any geographic information provided to the electronic communication service or remote computing service by the customer or subscriber. (4) Images of apparent child pornography Any image of apparent child pornography relating to the incident such report is regarding. (5) Complete communication The complete communication containing any image of apparent child pornography, including— (A) any data or information regarding the transmission of the communication; and (B) any images, data, or other digital files contained in, or attached to, the communication. (c) Forwarding of report to law enforcement (1) In general The National Center for Missing and Exploited Children shall forward each report made under subsection (a)(1) to any appropriate law enforcement agency designated by the Attorney General under subsection (d)(2). (2) State and local law enforcement The National Center for Missing and Exploited Children may forward any report made under subsection (a)(1) to an appropriate law enforcement official of a State or political subdivision of a State for the purpose of enforcing State criminal law. (3) Foreign law enforcement (A) In general The National Center for Missing and Exploited Children may forward any report made under subsection (a)(1) to any appropriate foreign law enforcement agency designated by the Attorney General under subsection (d)(3), subject to the conditions established by the Attorney General under subsection (d)(3). (B) Transmittal to designated Federal agencies If the National Center for Missing and Exploited Children forwards a report to a foreign law enforcement agency under subparagraph (A), the National Center for Missing and Exploited Children shall concurrently provide a copy of the report and the identity of the foreign law enforcement agency to— (i) the Attorney General; or (ii) the Federal law enforcement agency or agencies designated by the Attorney General under subsection (d)(2). (d) Attorney General responsibilities (1) In general The Attorney General shall enforce this section. (2) Designation of Federal agencies The Attorney General shall designate promptly the Federal law enforcement agency or agencies to which a report shall be forwarded under subsection (c)(1). (3) Designation of foreign agencies The Attorney General shall promptly— (A) in consultation with the Secretary of State, designate the foreign law enforcement agencies to which a report may be forwarded under subsection (c)(3); (B) establish the conditions under which such a report may be forwarded to such agencies; and (C) develop a process for foreign law enforcement agencies to request assistance from Federal law enforcement agencies in obtaining evidence related to a report referred under subsection (c)(3). (4) Reporting designated foreign agencies The Attorney General shall maintain and make available to the Department of State, the National Center for Missing and Exploited Children, electronic communication service providers, remote computing service providers, the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives a list of the foreign law enforcement agencies designated under paragraph (3). (5) Sense of Congress regarding designation of foreign agencies It is the sense of Congress that— (A) combating the international manufacturing, possession, and trade in online child pornography requires cooperation with competent, qualified, and appropriately trained foreign law enforcement agencies; and (B) the Attorney General, in cooperation with the Secretary of State, should make a substantial effort to expand the list of foreign agencies designated under paragraph (3). (6) Notification to providers If an electronic communication service provider or remote computing service provider notifies the National Center for Missing and Exploited Children that the electronic communication service provider or remote computing service provider is making a report under this section as the result of a request by a foreign law enforcement agency, the National Center for Missing and Exploited Children shall— (A) if the Center forwards the report to the requesting foreign law enforcement agency or another agency in the same country designated by the Attorney General under paragraph (3), notify the electronic communication service provider or remote computing service provider of— (i) the identity of the foreign law enforcement agency to which the report was forwarded; and (ii) the date on which the report was forwarded; or (B) notify the electronic communication service provider or remote computing service provider if the Center declines to forward the report because the Center, in consultation with the Attorney General, determines that no law enforcement agency in the foreign country has been designated by the Attorney General under paragraph (3). (e) Failure To report An electronic communication service provider or remote computing service provider that knowingly and willfully fails to make a report required under subsection (a)(1) shall be fined— (1) in the case of an initial knowing and willful failure to make a report, not more than $150,000; and (2) in the case of any second or subsequent knowing and willful failure to make a report, not more than $300,000. (f) Protection of privacy Nothing in this section shall be construed to require an electronic communication service provider or a remote computing service provider to— (1) monitor any user, subscriber, or customer of that provider; (2) monitor the content of any communication of any person described in paragraph (1); or (3) affirmatively seek facts or circumstances described in subsections (a) and (b). (g) Conditions of disclosure information contained within report (1) In general Except as provided in paragraph (2), a law enforcement agency that receives a report under subsection (c) shall not disclose any information contained in that report. (2) Permitted disclosures by law enforcement (A) In general A law enforcement agency may disclose information in a report received under subsection (c)— (i) to an attorney for the government for use in the performance of the official duties of that attorney; (ii) to such officers and employees of that law enforcement agency, as may be necessary in the performance of their investigative and recordkeeping functions; (iii) to such other government personnel (including personnel of a State or subdivision of a State) as are determined to be necessary by an attorney for the government to assist the attorney in the performance of the official duties of the attorney in enforcing Federal criminal law; (iv) if the report discloses a violation of State criminal law, to an appropriate official of a State or subdivision of a State for the purpose of enforcing such State law; (v) to a defendant in a criminal case or the attorney for that defendant, subject to the terms and limitations under section 3509(m) of title 18, United States Code, or a similar State law, to the extent the information relates to a criminal charge pending against that defendant; (vi) subject to subparagraph (B), to an electronic communication service provider or remote computing provider if necessary to facilitate response to legal process issued in connection to a criminal investigation, prosecution, or post-conviction remedy relating to that report; and (vii) as ordered by a court upon a showing of good cause and pursuant to any protective orders or other conditions that the court may impose. (B) Limitations (i) Limitations on further disclosure The electronic communication service provider or remote computing service provider shall be prohibited from disclosing the contents of a report provided under subparagraph (A)(vi) to any person, except as necessary to respond to the legal process. (ii) Effect Nothing in subparagraph (A)(vi) authorizes a law enforcement agency to provide child pornography images to an electronic communications service provider or a remote computing service. (3) Permitted disclosures by the national center for missing and exploited children The National Center for Missing and Exploited Children may disclose information received in a report under subsection (a) only— (A) to any Federal law enforcement agency designated by the Attorney General under subsection (d)(2); (B) to any State, local, or tribal law enforcement agency involved in the investigation of child pornography, child exploitation, kidnapping, or enticement crimes; (C) to any foreign law enforcement agency designated by the Attorney General under subsection (d)(3); and (D) to an electronic communication service provider or remote computing service provider as described in section 8. (h) Preservation (1) In general For the purposes of this section, the notification to an electronic communication service provider or a remote computing service provider by the CyberTipline of receipt of a report under subsection (a)(1) shall be treated as a request to preserve, as if such request was made pursuant to section 3120A(f) of title 18, United States Code. (2) Preservation of report Pursuant to paragraph (1), an electronic communication service provider or a remote computing service shall preserve the contents of the report provided pursuant to subsection (b) for 90 days after such notification by the CyberTipline. (3) Preservation of commingled images Pursuant to paragraph (1), an electronic communication service provider or a remote computing service shall preserve any images, data, or other digital files that are commingled or interspersed among the images of apparent child pornography within a particular communication or user-created folder or directory. (4) Protection of preserved materials An electronic communications service or remote computing service preserving materials under this section shall maintain the materials in a secure location and take appropriate steps to limit access by agents or employees of the service to the materials to that access necessary to comply with the requirements of this subsection. (5) Authorities and duties not affected Nothing in this section shall be construed as replacing, amending, or otherwise interfering with the authorities and duties under section 3120A of title 18, United States Code. 7. Reenactment outside title 18 of former Section 2258B (relating to limited liability for electronic communication service providers, remote computing service providers, or domain name registrar) (a) In general Except as provided in subsection (b), a civil claim or criminal charge against an electronic communication service provider, a remote computing service provider, or domain name registrar, including any director, officer, employee, or agent of such electronic communication service provider, remote computing service provider, or domain name registrar arising from the performance of the reporting or preservation responsibilities of such electronic communication service provider, remote computing service provider, or domain name registrar under this section, section 6, or section 8 may not be brought in any Federal or State court. (b) Intentional, reckless, or other misconduct Subsection (a) does not apply to a claim if the electronic communication service provider, remote computing service provider, or domain name registrar, or a director, officer, employee, or agent of that electronic communication service provider, remote computing service provider, or domain name registrar— (1) engaged in intentional misconduct; or (2) acted, or failed to act— (A) with actual malice; (B) with reckless disregard to a substantial risk of causing physical injury without legal justification; or (C) for a purpose unrelated to the performance of any responsibility or function under this section, section 6 or 8, or section 3120 or 3120A of title 18, United States Code. (c) Minimizing access An electronic communication service provider, a remote computing service provider, and domain name registrar shall— (1) minimize the number of employees that are provided access to any image provided under section 6 or 8; and (2) ensure that any such image is permanently destroyed, upon a request from a law enforcement agency to destroy the image. 8. Reenactment outside title 18 of former Section 2258C (relating to use to combat child pornography of technical elements relating to images reported to the CyberTipline) (a) Elements (1) In general The National Center for Missing and Exploited Children may provide elements relating to any apparent child pornography image of an identified child to an electronic communication service provider or a remote computing service provider for the sole and exclusive purpose of permitting that electronic communication service provider or remote computing service provider to stop the further transmission of images. (2) Inclusions The elements authorized under paragraph (1) may include hash values or other unique identifiers associated with a specific image, Internet location of images, and other technological elements that can be used to identify and stop the transmission of child pornography. (3) Exclusion The elements authorized under paragraph (1) may not include the actual images. (b) Use by electronic communication service providers and remote computing service providers Any electronic communication service provider or remote computing service provider that receives elements relating to any apparent child pornography image of an identified child from the National Center for Missing and Exploited Children under this section may use such information only for the purposes described in this section, but such use does not relieve that electronic communication service provider or remote computing service provider from its reporting obligations under section 6. (c) Limitations Nothing in subsection (a) or (b) requires electronic communication service providers or remote computing service providers receiving elements relating to any apparent child pornography image of an identified child from the National Center for Missing and Exploited Children to use the elements to stop the further transmission of the images. (d) Provision of elements to law enforcement The National Center for Missing and Exploited Children shall make available to Federal, State, and local law enforcement involved in the investigation of child pornography crimes elements, including hash values, relating to any apparent child pornography image of an identified child reported to the National Center for Missing and Exploited Children. (e) Use by law enforcement Any Federal, State, or local law enforcement agency that receives elements relating to any apparent child pornography image of an identified child from the National Center for Missing and Exploited Children under subsection (d) may use such elements only in the performance of the official duties of that agency to investigate child pornography crimes. 9. Reenactment outside title 18 of former Section 2258D (relating to limited liability for the National Center for Missing and Exploited Children) (a) In general Except as provided in subsections (b) and (c), a civil claim or criminal charge against the National Center for Missing and Exploited Children, including any director, officer, employee, or agent of such center, arising from the performance of the CyberTipline responsibilities or functions of such center, as described in this section, section 6 or 8, or section 404 of the Missing Children’s Assistance Act, or from the effort of such center to identify child victims may not be brought in any Federal or State court. (b) Intentional, reckless, or other misconduct Subsection (a) does not apply to a claim or charge if the National Center for Missing and Exploited Children, or a director, officer, employee, or agent of such center— (1) engaged in intentional misconduct; or (2) acted, or failed to act— (A) with actual malice; (B) with reckless disregard to a substantial risk of causing injury without legal justification; or (C) for a purpose unrelated to the performance of any responsibility or function under this section, section 6 or 8, or section 404 of the Missing Children’s Assistance Act. (c) Ordinary business activities Subsection (a) does not apply to an act or omission relating to an ordinary business activity, including general administration or operations, the use of motor vehicles, or personnel management. (d) Minimizing access The National Center for Missing and Exploited Children shall— (1) minimize the number of employees that are provided access to any image provided under section 6; and (2) ensure that any such image is permanently destroyed upon notification from a law enforcement agency. 10. Reenactment outside title 18 of former section 2258E (relating to definitions) In sections 6 through 9— (1) the terms attorney for the government and State have the meanings given those terms in rule 1 of the Federal Rules of Criminal Procedure; (2) the term electronic communication service has the meaning given that term in section 1491 of title 18, United States Code; (3) the term electronic mail address has the meaning given that term in section 3 of the CAN–SPAM Act of 2003; (4) the term Internet has the meaning given that term in section 1101 of the Internet Tax Freedom Act; (5) the term remote computing service has the meaning given that term in section 3120I of title 18, United States Code; and (6) the term website means any collection of material placed in a computer server-based file archive so that it is publicly accessible, over the Internet, using hypertext transfer protocol or any successor protocol. 11. Reenactment outside title 18 of subsection (f) of former section 1716E (relating to use of penalties) There is established a separate account in the Treasury, to be known as the PACT Postal Service Fund . Notwithstanding any other provision of law, an amount equal to 50 percent of any criminal fines, civil penalties, or other monetary penalties collected by the Federal Government in enforcing section 951 of title 18, United States Code, shall be transferred into the PACT Postal Service Fund and shall be available to the Postmaster General for the purpose of enforcing this section. 12. Transfer to Part II of title 18 , United States Code, of certain procedural and related provisions Part II of title 18, United States Code, is amended— (1) by inserting after chapter 205 the following: 205A PROCEDURAL AND RELATED PROVISIONS PERTAINING TO INTERCEPTION OF COMMUNICATIONS Sec 3119. Prohibition of use as evidence of intercepted wire or oral communications 3119A. Authorization for interception of wire, oral, or electronic communications 3119B. Authorization for disclosure and use of intercepted wire, oral, or electronic communications 3119C. Procedure for interception of wire, oral, or electronic communications 3119D. Reports concerning intercepted wire, oral, or electronic communications 3119E. Recovery of civil damages authorized 3119F. Injunction against illegal interception 3119G. Enforcement of the Communications Assistance for Law Enforcement Act 3119H. Definitions 3119. Prohibition of use as evidence of intercepted wire or oral communications Whenever any wire or oral communication has been intercepted, no part of the contents of such communication and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision thereof if the disclosure of that information would be in violation of this chapter. 3119A. Authorization for interception of wire, oral, or electronic communications (a) Federal prosecutors The Attorney General, Deputy Attorney General, Associate Attorney General, or any Assistant Attorney General, any acting Assistant Attorney General, or any Deputy Assistant Attorney General or acting Deputy Assistant Attorney General in the Criminal Division specially designated by the Attorney General, may authorize an application to a Federal judge of competent jurisdiction for, and such judge may grant in conformity with section 3119C an order authorizing or approving the interception of wire or oral communications by the Federal Bureau of Investigation, or a Federal agency having responsibility for the investigation of the offense as to which the application is made, when such interception may provide or has provided evidence of— (1) any felony offense under section 272 (relating to atomic weapons), section 783 (relating to fraud and related activity in connection with identification documents, authentication features, and information), section 787 (relating to fraud and related activity in connection with computers), subchapter C of chapter 10 (relating to kidnapping), subchapter A of chapter 15 (relating to treason), subchapter E of chapter 15 (relating to espionage), subchapter E of chapter 21 (relating to biological weapons), subchapter N of chapter 29 (relating to malicious mischief), subchapter A of chapter 31 (relating to piracy), subchapter E of chapter 33, or subchapter C of chapter 35 (relating to protection of trade secrets) of this title, or section 236 of the Atomic Energy Act of 1954; (2) a violation of section 186 or section 501(c) of title 29, (dealing with restrictions on payments and loans to labor organizations), or any offense which involves murder, kidnapping, robbery, or extortion, and which is punishable under this title; (3) any offense which is punishable under paragraph (2), (4), (6), or (7) of section 102 (relating to Federally punishable homicides), section 112 (relating to individuals Federally protected from assault) if the victim is an individual whose killing is an offense under paragraph (6) or (7) of section 102, section 121 (relating to kidnapping) if the victim is an individual whose killing is an offense under paragraph (6) or (7) of section 102, section 123 (relating to hostage taking), section 131 (relating to threats against officers or employees of the United States, and other specially protected persons), subchapter B of chapter 13 (relating to transport for illegal sexual activity), section 221 (relating to sexual exploitation of children), section 222 (relating to selling or buying of children), section 223 (certain activities relating to materials involving the sexual exploitation of children and child pornography), section 311 (relating to false statement in application and use of passport), section 312 (relating to forgery or false use of passport), section 313 (relating to misuse of passport), section 314 (relating to fraud and misuse of visas, permits, and other documents), section 315 (relating to procurement of citizenship or nationalization unlawfully), section 316 (relating to the sale of naturalization or citizenship papers), section 501 (interference with commerce by threats or violence), section 502 (interstate and foreign travel or transportation in aid of racketeering enterprises), 504 (offer, acceptance, or solicitation to influence operations of employee benefit plan), section 505 (prohibition of illegal gambling businesses), section 506 (relating to use of interstate commerce facilities in the commission of murder for hire), section 507 (relating to violent crimes in aid of racketeering activity), section 513 (relating to criminal penalties with respect to racketeer influenced and corrupt organizations), section 571 (relating to arson within special maritime and territorial jurisdiction), section 593 (relating to possession of firearms and dangerous weapons in Federal facilities), section 601 (relating to prohibited transactions involving nuclear materials), subsection (d), (e), (f), (g), (h), or (i) of section 614 (relating to penalties with respect to unlawful use of explosives), section 621 (relating to prohibitions with respect to biological weapons), section 624 (relating to variola virus), section 647 (relating to interstate or foreign shipments by carrier; state prosecutions), section 651 (theft or embezzlement from employee benefit plan), section 671 (relating to transportation of stolen vehicles), section 672 (relating to sale or receipt of stolen vehicles), section 673 (relating to transportation of stolen goods, securities, moneys, fraudulent State tax stamps, or articles used in counterfeiting), section 674 (relating to sale or receipt of stolen goods, securities, moneys, or fraudulent State tax stamps), section 681 (relating to trafficking in certain motor vehicles or motor vehicle parts), section 779 (relating to loan and credit applications generally; renewals and discounts; crop insurance), section 786 (relating to fraud and related activity in connection with access devices), section 789 (relating to concealment of assets from conservator, receiver, or liquidating agent of financial institution), section 801 (relating to mail fraud), section 803 (fraud by wire, radio, or television), section 804 (relating to bank fraud), section 924 (relating to conspiracy to kill, kidnap, maim, or injure persons or damage property in a foreign country), section 991 (relating to bribery of public officials and witnesses), section 1003 (relating to receipt of commissions or gifts for procuring loans), section 1007 (bribery in sporting contests), section 1071 (relating to prisoners in custody of institution or officer), section 1132 (relating to influencing or injuring officer or juror generally), section 1135 (relating to obstruction of criminal investigations), section 1136 (relating to obstruction of State or local law enforcement with regard to illegal gambling business), section 1137 (relating to tampering with a witness, victim, or an informant), section 1138 (relating to retaliating against a witness, victim, or an informant), section 1265 (sex trafficking of children by force, fraud, or coercion), section 1291 (relating to torture), section 1301 (relating to destruction of aircraft or aircraft facilities), section 1302 (relating to destruction of motor vehicles or motor vehicle facilities), section 1305 (relating to violence at international airports), section 1306 (relating to fraud involving aircraft or space vehicle parts in interstate or foreign commerce), section 1302 (relating to destruction of motor vehicles or motor vehicle facilities), section 1331 (relating to terrorist attacks and other violence against railroad carriers and against mass transportation systems on land, on water, or through the air), section 1373 (relating to force, violence, and threats involving animal enterprises), section 1381 (relating to transmission of wagering information; penalties), section 1445 (relating to obscene visual representations of the sexual abuse of children), section 1451 (relating to laundering of monetary instruments), section 1452 (relating to engaging in monetary transactions in property derived from specified unlawful activity), section 3146 (relating to penalty for failure to appear), subsection (b)(3) of section 3521 (relating to witness relocation and protection), or section 868 (relating to border tunnels and passages); (4) any offense involving counterfeiting punishable under section 692, 693, or 694; (5) any offense involving fraud connected with a case under title 11 or the manufacture, importation, receiving, concealment, buying, selling, or otherwise dealing in narcotic drugs, marihuana, or other dangerous drugs, punishable under any law of the United States; (6) any offense including extortionate credit transactions under section 155, 156, or 157; (7) a violation of section 1453 (relating to structuring transactions to evade reporting requirement prohibited) of this title or section 5322 (relating to the reporting of currency transactions) of title 31; (8) any felony violation of sections 1492 and 1493 (relating to interception and disclosure of certain communications and to certain intercepting devices); (9) any felony violation of subchapter F of chapter 35 (relating to obscenity); (10) any violation of section 1307 (relating to aircraft piracy), the second sentence of section 1308 (relating to assault on a flight crew with dangerous weapon), or subsection (b)(3) or (c) of section 1309 (relating to explosive or incendiary devices, or endangerment of human life, by means of weapons on aircraft) of this title, or section 60123(b) (relating to destruction of a natural gas pipeline) of title 49; (11) any criminal violation of section 2778 of title 22 (relating to the Arms Export Control Act ); (12) the location of any fugitive from justice from an offense described in this section; (13) a violation of section 318 (relating to bringing in and harboring certain aliens), section 321 (relating to reentry of removed alien) of this title or section 278 of the Immigration and Nationality Act ; (14) any felony violation of sections 582 and 584; (15) any violation of section 5861 of the Internal Revenue Code of 1986 (relating to firearms); (16) a felony violation of section 311 (relating to false statements in passport applications), section 314 (relating to fraud and misuse of visas, permits, and other documents), section 318 (relating to bringing in and harboring certain aliens), section 321 (relating to reentry of removed alien), section 783 (relating to production of false identification documents), or section 784 (relating to aggravated identity theft) of this title or a violation of section 278 of the Immigration and Nationality Act ; (17) any criminal violation of section 631 (relating to chemical weapons); or sections 271, 273, 274, 275, 276, 277, 278, 279, 280, or 281 (relating to terrorism); (18) any violation of section 657 (relating to theft of medical products); (19) any criminal violation of section 1 (relating to illegal restraints of trade or commerce), 2 (relating to illegal monopolizing of trade or commerce), or 3 (relating to illegal restraints of trade or commerce in territories or the District of Columbia) of the Sherman Act ; or (20) any conspiracy to commit any offense described in any paragraph of this subsection. (b) State prosecutors The principal prosecuting attorney of any State, or the principal prosecuting attorney of any political subdivision thereof, if such attorney is authorized by a statute of that State to make application to a State court judge of competent jurisdiction for an order authorizing or approving the interception of wire, oral, or electronic communications, may apply to such judge for, and such judge may grant in conformity with section 3119C and with the applicable State statute an order authorizing, or approving the interception of wire, oral, or electronic communications by investigative or law enforcement officers having responsibility for the investigation of the offense as to which the application is made, when such interception may provide or has provided evidence of the commission of the offense of murder, kidnapping, gambling, robbery, bribery, extortion, or dealing in narcotic drugs, marihuana or other dangerous drugs, or other crime dangerous to life, limb, or property, and punishable by imprisonment for more than one year, designated in any applicable State statute authorizing such interception, or any conspiracy to commit any of the foregoing offenses. (c) Interception for evidence of Federal felonies Any attorney for the Government (as such term is defined for the purposes of the Federal Rules of Criminal Procedure) may authorize an application to a Federal judge of competent jurisdiction for, and such judge may grant, in conformity with section 3119C, an order authorizing or approving the interception of electronic communications by an investigative or law enforcement officer having responsibility for the investigation of the offense as to which the application is made, when such interception may provide or has provided evidence of any Federal felony. 3119B. Authorization for disclosure and use of intercepted wire, oral, or electronic communications (a) Disclosure to investigative or law enforcement officers Any investigative or law enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire, oral, or electronic communication, or evidence derived therefrom, may disclose such contents to another investigative or law enforcement officer to the extent that such disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure. (b) Use of contents in performance of duties Any investigative or law enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire, oral, or electronic communication or evidence derived therefrom may use such contents to the extent such use is appropriate to the proper performance of his official duties. (c) Use of contents in testimony Any person who has received, by any means authorized by this chapter, any information concerning a wire, oral, or electronic communication, or evidence derived therefrom intercepted in accordance with this chapter may disclose the contents of that communication or such derivative evidence while giving testimony under oath or affirmation in any proceeding held under the authority of the United States or of any State or political subdivision thereof. (d) Privileged character No otherwise privileged wire, oral, or electronic communication intercepted in accordance with, or in violation of, this chapter shall lose its privileged character. (e) Offenses other than those specified in the order When an investigative or law enforcement officer, while engaged in intercepting wire, oral, or electronic communications in the manner authorized herein, intercepts wire, oral, or electronic communications relating to offenses other than those specified in the order of authorization or approval, the contents thereof, and evidence derived therefrom, may be disclosed or used as provided in subsections (a) and (b). Such contents and any evidence derived therefrom may be used under subsection (c) when authorized or approved by a judge of competent jurisdiction where such judge finds on subsequent application that the contents were otherwise intercepted in accordance with this chapter. Such application shall be made as soon as practicable. (f) Domestic use of intelligence and counterintelligence information Any investigative or law enforcement officer, or attorney for the Government, who by any means authorized by this chapter, has obtained knowledge of the contents of any wire, oral, or electronic communication, or evidence derived therefrom, may disclose such contents to any other Federal law enforcement, intelligence, protective, immigration, national defense, or national security official to the extent that such contents include foreign intelligence or counterintelligence (as defined in section 3 of the National Security Act of 1947), or foreign intelligence information (as defined in section 1491), to assist the official who is to receive that information in the performance of his official duties. Any Federal official who receives information pursuant to this provision may use that information only as necessary in the conduct of that person’s official duties subject to any limitations on the unauthorized disclosure of such information. (g) Foreign use of intelligence and counterintelligence information Any investigative or law enforcement officer, or other Federal official in carrying out official duties as such Federal official, who by any means authorized by this chapter, has obtained knowledge of the contents of any wire, oral, or electronic communication, or evidence derived therefrom, may disclose such contents or derivative evidence to a foreign investigative or law enforcement officer to the extent that such disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure, and foreign investigative or law enforcement officers may use or disclose such contents or derivative evidence to the extent such use or disclosure is appropriate to the proper performance of their official duties. (h) Disclosure for public safety purposes Any investigative or law enforcement officer, or other Federal official in carrying out official duties as such Federal official, who by any means authorized by this chapter, has obtained knowledge of the contents of any wire, oral, or electronic communication, or evidence derived therefrom, may disclose such contents or derivative evidence to any appropriate Federal, State, local, or foreign government official to the extent that such contents or derivative evidence reveals a threat of actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power, domestic or international sabotage, domestic or international terrorism, or clandestine intelligence gathering activities by an intelligence service or network of a foreign power or by an agent of a foreign power, within the United States or elsewhere, for the purpose of preventing or responding to such a threat. Any official who receives information pursuant to this provision may use that information only as necessary in the conduct of that person’s official duties subject to any limitations on the unauthorized disclosure of such information, and any State, local, or foreign official who receives information pursuant to this provision may use that information only consistent with such guidelines as the Attorney General and Director of Central Intelligence shall jointly issue. 3119C. Procedure for interception of wire, oral, or electronic communications (a) Application Each application for an order authorizing or approving the interception of a wire, oral, or electronic communication under this chapter shall be made in writing upon oath or affirmation to a judge of competent jurisdiction and shall state the applicant’s authority to make such application. Each application shall include the following information: (1) The identity of the investigative or law enforcement officer making the application, and the officer authorizing the application. (2) A full and complete statement of the facts and circumstances relied upon by the applicant, to justify his belief that an order should be issued, including (A) details as to the particular offense that has been, is being, or is about to be committed, (B) except as provided in subsection (k), a particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted, (C) a particular description of the type of communications sought to be intercepted, (D) the identity of the person, if known, committing the offense and whose communications are to be intercepted. (3) A full and complete statement as to whether or not other investigative procedures have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous. (4) A statement of the period of time for which the interception is required to be maintained. If the nature of the investigation is such that the authorization for interception should not automatically terminate when the described type of communication has been first obtained, a particular description of facts establishing probable cause to believe that additional communications of the same type will occur thereafter. (5) A full and complete statement of the facts concerning all previous applications known to the individual authorizing and making the application, made to any judge for authorization to intercept, or for approval of interceptions of, wire, oral, or electronic communications involving any of the same persons, facilities or places specified in the application, and the action taken by the judge on each such application. (6) Where the application is for the extension of an order, a statement setting forth the results thus far obtained from the interception, or a reasonable explanation of the failure to obtain such results. (b) Additional testimony or documentary evidence The judge may require the applicant to furnish additional testimony or documentary evidence in support of the application. (c) Ex parte order Upon such application the judge may enter an ex parte order, as requested or as modified, authorizing or approving interception of wire, oral, or electronic communications within the territorial jurisdiction of the court in which the judge is sitting (and outside that jurisdiction but within the United States in the case of a mobile interception device authorized by a Federal court within such jurisdiction), if the judge determines on the basis of the facts submitted by the applicant that— (1) there is probable cause for belief that an individual is committing, has committed, or is about to commit a particular offense enumerated in section 3119A; (2) there is probable cause for belief that particular communications concerning that offense will be obtained through such interception; (3) normal investigative procedures have been tried and have failed or reasonably appear to be unlikely to succeed if tried or to be too dangerous; and (4) except as provided in subsection (k), there is probable cause for belief that the facilities from which, or the place where, the wire, oral, or electronic communications are to be intercepted are being used, or are about to be used, in connection with the commission of such offense, or are leased to, listed in the name of, or commonly used by such person. (d) Contents of order Each order authorizing or approving the interception of any wire, oral, or electronic communication under this chapter shall specify— (1) the identity of the person, if known, whose communications are to be intercepted; (2) the nature and location of the communications facilities as to which, or the place where, authority to intercept is granted; (3) a particular description of the type of communication sought to be intercepted, and a statement of the particular offense to which it relates; (4) the identity of the agency authorized to intercept the communications, and of the person authorizing the application; and (5) the period of time during which such interception is authorized, including a statement as to whether or not the interception shall automatically terminate when the described communication has been first obtained. An order authorizing the interception of a wire, oral, or electronic communication under this chapter shall, upon request of the applicant, direct that a provider of wire or electronic communication service, landlord, custodian or other person shall furnish the applicant forthwith all information, facilities, and technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services that such service provider, landlord, custodian, or person is according the person whose communications are to be intercepted. Any provider of wire or electronic communication service, landlord, custodian or other person furnishing such facilities or technical assistance shall be compensated therefor by the applicant for reasonable expenses incurred in providing such facilities or assistance. Pursuant to section 3119G, an order may also be issued to enforce the assistance capability and capacity requirements under the Communications Assistance for Law Enforcement Act. (e) Limitations on orders No order entered under this section may authorize or approve the interception of any wire, oral, or electronic communication for any period longer than is necessary to achieve the objective of the authorization, nor in any event longer than thirty days. Such thirty-day period begins on the earlier of the day on which the investigative or law enforcement officer first begins to conduct an interception under the order or ten days after the order is entered. Extensions of an order may be granted, but only upon application for an extension made in accordance with subsection (a) of this section and the court making the findings required by subsection (c) of this section. The period of extension shall be no longer than the authorizing judge deems necessary to achieve the purposes for which it was granted and in no event for longer than thirty days. Every order and extension thereof shall contain a provision that the authorization to intercept shall be executed as soon as practicable, shall be conducted in such a way as to minimize the interception of communications not otherwise subject to interception under this chapter, and must terminate upon attainment of the authorized objective, or in any event in thirty days. In the event the intercepted communication is in a code or foreign language, and an expert in that foreign language or code is not reasonably available during the interception period, minimization may be accomplished as soon as practicable after such interception. An interception under this chapter may be conducted in whole or in part by Government personnel, or by an individual operating under a contract with the Government, acting under the supervision of an investigative or law enforcement officer authorized to conduct the interception. (f) Reports to issuing judge Whenever an order authorizing interception is entered pursuant to this chapter, the order may require reports to be made to the judge who issued the order showing what progress has been made toward achievement of the authorized objective and the need for continued interception. Such reports shall be made at such intervals as the judge may require. (g) Emergency situations Notwithstanding any other provision of this chapter, any investigative or law enforcement officer, specially designated by the Attorney General, the Deputy Attorney General, the Associate Attorney General, or by the principal prosecuting attorney of any State or subdivision thereof acting pursuant to a statute of that State, who reasonably determines that— (1) an emergency situation exists that involves— (A) immediate danger of death or serious physical injury to any person, (B) conspiratorial activities threatening the national security interest, or (C) conspiratorial activities characteristic of organized crime, that requires a wire, oral, or electronic communication to be intercepted before an order authorizing such interception can, with due diligence, be obtained, and (2) there are grounds upon which an order could be entered under this chapter to authorize such interception, may intercept such wire, oral, or electronic communication if an application for an order approving the interception is made in accordance with this section within forty-eight hours after the interception has occurred, or begins to occur. In the absence of an order, such interception shall immediately terminate when the communication sought is obtained or when the application for the order is denied, whichever is earlier. In the event such application for approval is denied, or in any other case where the interception is terminated without an order having been issued, the contents of any wire, oral, or electronic communication intercepted shall be treated as having been obtained in violation of this chapter, and an inventory shall be served as provided for in subsection (d) of this section on the person named in the application. (h) Recording of interception (1) The contents of any wire, oral, or electronic communication intercepted by any means authorized by this chapter shall, if possible, be recorded on tape or wire or other comparable device. The recording of the contents of any wire, oral, or electronic communication under this subsection shall be done in such a way as will protect the recording from editing or other alterations. Immediately upon the expiration of the period of the order, or extensions thereof, such recordings shall be made available to the judge issuing such order and sealed under his directions. Custody of the recordings shall be wherever the judge orders. They shall not be destroyed except upon an order of the issuing or denying judge and in any event shall be kept for ten years. Duplicate recordings may be made for use or disclosure pursuant to subsections (a) and (b) of section 3119B for investigations. The presence of the seal provided for by this subsection, or a satisfactory explanation for the absence thereof, shall be a prerequisite for the use or disclosure of the contents of any wire, oral, or electronic communication or evidence derived therefrom under subsection (c) of section 3119B. (2) Applications made and orders granted under this chapter shall be sealed by the judge. Custody of the applications and orders shall be wherever the judge directs. Such applications and orders shall be disclosed only upon a showing of good cause before a judge of competent jurisdiction and shall not be destroyed except on order of the issuing or denying judge, and in any event shall be kept for ten years. (3) Any violation of the provisions of this subsection may be punished as contempt of the issuing or denying judge. (4) Within a reasonable time but not later than ninety days after the filing of an application for an order of approval under section 3119C(f)(2) which is denied or the termination of the period of an order or extensions thereof, the issuing or denying judge shall cause to be served, on the persons named in the order or the application, and such other parties to intercepted communications as the judge may determine in his discretion that is in the interest of justice, an inventory which shall include notice of— (A) the fact of the entry of the order or the application; (B) the date of the entry and the period of authorized, approved or disapproved interception, or the denial of the application; and (C) the fact that during the period wire, oral, or electronic communications were or were not intercepted. The judge, upon the filing of a motion, may in his discretion make available to such person or his counsel for inspection such portions of the intercepted communications, applications and orders as the judge determines to be in the interest of justice. On an ex parte showing of good cause to a judge of competent jurisdiction the serving of the inventory required by this subsection may be postponed. (i) Exclusion as evidence The contents of any wire, oral, or electronic communication intercepted pursuant to this chapter or evidence derived therefrom shall not be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in a Federal or State court unless each party, not less than ten days before the trial, hearing, or proceeding, has been furnished with a copy of the court order, and accompanying application, under which the interception was authorized or approved. This ten-day period may be waived by the judge if he finds that it was not possible to furnish the party with the above information ten days before the trial, hearing, or proceeding and that the party will not be prejudiced by the delay in receiving such information. (j) Move To suppress (1) Any aggrieved person in any trial, hearing, or proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States, a State, or a political subdivision thereof, may move to suppress the contents of any wire or oral communication intercepted pursuant to this chapter, or evidence derived therefrom, on the grounds that— (A) the communication was unlawfully intercepted; (B) the order of authorization or approval under which it was intercepted is insufficient on its face; or (C) the interception was not made in conformity with the order of authorization or approval. Such motion shall be made before the trial, hearing, or proceeding unless there was no opportunity to make such motion or the person was not aware of the grounds of the motion. If the motion is granted, the contents of the intercepted wire or oral communication, or evidence derived therefrom, shall be treated as having been obtained in violation of this chapter. The judge, upon the filing of such motion by the aggrieved person, may in his discretion make available to the aggrieved person or his counsel for inspection such portions of the intercepted communication or evidence derived therefrom as the judge determines to be in the interests of justice. (2) In addition to any other right to appeal, the United States shall have the right to appeal from an order granting a motion to suppress made under paragraph (1), or the denial of an application for an order of approval, if the United States attorney shall certify to the judge or other official granting such motion or denying such application that the appeal is not taken for purposes of delay. Such appeal shall be taken within thirty days after the date the order was entered and shall be diligently prosecuted. (3) The remedies and sanctions described in this chapter with respect to the interception of electronic communications are the only judicial remedies and sanctions for nonconstitutional violations of this chapter involving such communications. (k) Exception to specification of facility requirements The requirements of subsections (a)(2)(B) and (c)(4) relating to the specification of the facilities from which, or the place where, the communication is to be intercepted do not apply if— (1) in the case of an application with respect to the interception of an oral communication— (A) the application is by a Federal investigative or law enforcement officer and is approved by the Attorney General, the Deputy Attorney General, the Associate Attorney General, an Assistant Attorney General, or an acting Assistant Attorney General; (B) the application contains a full and complete statement as to why such specification is not practical and identifies the person committing the offense and whose communications are to be intercepted; and (C) the judge finds that such specification is not practical; and (2) in the case of an application with respect to a wire or electronic communication— (A) the application is by a Federal investigative or law enforcement officer and is approved by the Attorney General, the Deputy Attorney General, the Associate Attorney General, an Assistant Attorney General, or an acting Assistant Attorney General; (B) the application identifies the person believed to be committing the offense and whose communications are to be intercepted and the applicant makes a showing that there is probable cause to believe that the person’s actions could have the effect of thwarting interception from a specified facility; (C) the judge finds that such showing has been adequately made; and (D) the order authorizing or approving the interception is limited to interception only for such time as it is reasonable to presume that the person identified in the application is or was reasonably proximate to the instrument through which such communication will be or was transmitted. (l) Beginning of certain interceptions An interception of a communication under an order with respect to which the requirements of subsections (a)(2)(B) and (c)(4) of this section do not apply by reason of subsection (k)(1) shall not begin until the place where the communication is to be intercepted is ascertained by the person implementing the interception order. A provider of wire or electronic communications service that has received an order as provided for in subsection (k)(2) may move the court to modify or quash the order on the ground that its assistance with respect to the interception cannot be performed in a timely or reasonable fashion. The court, upon notice to the government, shall decide such a motion expeditiously. 3119D. Reports concerning intercepted wire, oral, or electronic communications (a) 30 days after expiration of order In January of each year, any judge who has issued an order (or an extension thereof) under section 3119C that expired during the preceding year, or who has denied approval of an interception during that year, shall report to the Administrative Office of the United States Courts— (1) the fact that an order or extension was applied for; (2) the kind of order or extension applied for (including whether or not the order was an order with respect to which the requirements of sections 3119C(a)(2)(B) and 3119(c)(4) did not apply by reason of section 3119C(k)); (3) the fact that the order or extension was granted as applied for, was modified, or was denied; (4) the period of interceptions authorized by the order, and the number and duration of any extensions of the order; (5) the offense specified in the order or application, or extension of an order; (6) the identity of the applying investigative or law enforcement officer and agency making the application and the person authorizing the application; and (7) the nature of the facilities from which or the place where communications were to be intercepted. (b) Annual Justice Department report In March of each year the Attorney General, an Assistant Attorney General specially designated by the Attorney General, or the principal prosecuting attorney of a State, or the principal prosecuting attorney for any political subdivision of a State, shall report to the Administrative Office of the United States Courts— (1) the information required by paragraphs (1) through (7) of subsection (a) of this section with respect to each application for an order or extension made during the preceding calendar year; (2) a general description of the interceptions made under such order or extension, including (i) the approximate nature and frequency of incriminating communications intercepted, (ii) the approximate nature and frequency of other communications intercepted, (iii) the approximate number of persons whose communications were intercepted, (iv) the number of orders in which encryption was encountered and whether such encryption prevented law enforcement from obtaining the plain text of communications intercepted pursuant to such order, and (v) the approximate nature, amount, and cost of the manpower and other resources used in the interceptions; (3) the number of arrests resulting from interceptions made under such order or extension, and the offenses for which arrests were made; (4) the number of trials resulting from such interceptions; (5) the number of motions to suppress made with respect to such interceptions, and the number granted or denied; (6) the number of convictions resulting from such interceptions and the offenses for which the convictions were obtained and a general assessment of the importance of the interceptions; and (7) the information required by paragraphs (2) through (6) of this subsection with respect to orders or extensions obtained in a preceding calendar year. (c) Report to Congress In June of each year the Director of the Administrative Office of the United States Courts shall transmit to the Congress a full and complete report concerning the number of applications for orders authorizing or approving the interception of wire, oral, or electronic communications pursuant to this chapter and the number of orders and extensions granted or denied pursuant to this chapter during the preceding calendar year. Such report shall include a summary and analysis of the data required to be filed with the Administrative Office by subsections (a) and (b) of this section. The Director of the Administrative Office of the United States Courts is authorized to issue binding regulations dealing with the content and form of the reports required to be filed by subsections (a) and (b). 3119E. Recovery of civil damages authorized (a) In general Except as provided in section 1492(b)(1)(B), any person whose wire, oral, or electronic communication is intercepted, disclosed, or intentionally used in violation of subchapter B of chapter 37 may in a civil action recover from the person or entity, other than the United States, which engaged in that violation such relief as may be appropriate. (b) Relief In an action under this section, appropriate relief includes— (1) such preliminary and other equitable or declaratory relief as may be appropriate; (2) damages under subsection (c) and punitive damages in appropriate cases; and (3) a reasonable attorney’s fee and other litigation costs reasonably incurred. (c) Computation of damages (1) In an action under this section, if the conduct in violation of this chapter is the private viewing of a private satellite video communication that is not scrambled or encrypted or if the communication is a radio communication that is transmitted on frequencies allocated under subpart D of part 74 of the rules of the Federal Communications Commission that is not scrambled or encrypted and the conduct is not for a tortious or illegal purpose or for purposes of direct or indirect commercial advantage or private commercial gain, then the court shall assess damages as follows: (A) If the person who engaged in that conduct has not previously been enjoined under section 1492, and has not been found liable in a prior civil action under this section, the court shall assess the greater of the sum of actual damages suffered by the plaintiff, or statutory damages of not less than $50 and not more than $500. (B) If, on one prior occasion, the person who engaged in that conduct has been enjoined under section 1492 or has been found liable in a civil action under this section, the court shall assess the greater of the sum of actual damages suffered by the plaintiff, or statutory damages of not less than $100 and not more than $1000. (2) In any other action under this section, the court may assess as damages whichever is the greater of— (A) the sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation; or (B) statutory damages of whichever is the greater of $100 a day for each day of violation or $10,000. (d) Defense A good faith reliance on— (1) a court warrant or order, a grand jury subpoena, a legislative authorization, or a statutory authorization; (2) a request of an investigative or law enforcement officer under section 3119C(g); or (3) a good faith determination that section 1492(c) or 1492(b)(1) permitted the conduct complained of, is a complete defense against any civil or criminal action brought under this chapter or any other law. (e) Limitation A civil action under this section may not be commenced later than two years after the date upon which the claimant first has a reasonable opportunity to discover the violation. (f) Administrative discipline If a court or appropriate department or agency determines that the United States or any of its departments or agencies has violated any provision of this chapter, and the court or appropriate department or agency finds that the circumstances surrounding the violation raise serious questions about whether or not an officer or employee of the United States acted willfully or intentionally with respect to the violation, the department or agency shall, upon receipt of a true and correct copy of the decision and findings of the court or appropriate department or agency promptly initiate a proceeding to determine whether disciplinary action against the officer or employee is warranted. If the head of the department or agency involved determines that disciplinary action is not warranted, he or she shall notify the Inspector General with jurisdiction over the department or agency concerned and shall provide the Inspector General with the reasons for such determination. (g) Improper disclosure is violation Any willful disclosure or use by an investigative or law enforcement officer or governmental entity of information beyond the extent permitted by section 3119B is a violation of this chapter for purposes of subsection (a). 3119F. Injunction against illegal interception Whenever it shall appear that any person is engaged or is about to engage in any act which constitutes or will constitute a felony violation of this chapter, the Attorney General may initiate a civil action in a district court of the United States to enjoin such violation. The court shall proceed as soon as practicable to the hearing and determination of such an action, and may, at any time before final determination, enter such a restraining order or prohibition, or take such other action, as is warranted to prevent a continuing and substantial injury to the United States or to any person or class of persons for whose protection the action is brought. A proceeding under this section is governed by the Federal Rules of Civil Procedure, except that, if an indictment has been returned against the respondent, discovery is governed by the Federal Rules of Criminal Procedure. 3119G. Enforcement of the Communications Assistance for Law Enforcement Act (a) Enforcement by court issuing surveillance order If a court authorizing an interception under this chapter, a State statute, or the Foreign Intelligence Surveillance Act of 1978 or authorizing use of a pen register or a trap and trace device under chapter 206 or a State statute finds that a telecommunications carrier has failed to comply with the requirements of the Communications Assistance for Law Enforcement Act, the court may, in accordance with section 108 of such Act, direct that the carrier comply forthwith and may direct that a provider of support services to the carrier or the manufacturer of the carrier’s transmission or switching equipment furnish forthwith modifications necessary for the carrier to comply. (b) Enforcement upon application by Attorney General The Attorney General may, in a civil action in the appropriate United States district court, obtain an order, in accordance with section 108 of the Communications Assistance for Law Enforcement Act, directing that a telecommunications carrier, a manufacturer of telecommunications transmission or switching equipment, or a provider of telecommunications support services comply with such Act. (c) Civil penalty (1) In general A court issuing an order under this section against a telecommunications carrier, a manufacturer of telecommunications transmission or switching equipment, or a provider of telecommunications support services may impose a civil penalty of up to $10,000 per day for each day in violation after the issuance of the order or after such future date as the court may specify. (2) Considerations In determining whether to impose a civil penalty and in determining its amount, the court shall take into account— (A) the nature, circumstances, and extent of the violation; (B) the violator’s ability to pay, the violator’s good faith efforts to comply in a timely manner, any effect on the violator’s ability to continue to do business, the degree of culpability, and the length of any delay in undertaking efforts to comply; and (C) such other matters as justice may require. (d) Definitions As used in this section, the terms defined in section 102 of the Communications Assistance for Law Enforcement Act have the meanings provided, respectively, in such section. 3119H. Definitions Unless otherwise provided, a term defined for the purposes of subchapter B of chapter 37 shall have the same meaning for the purposes of this chapter. 205B PROCEDURAL AND RELATED PROVISIONS PERTAINING TO STORED COMMUNICATIONS Sec 3120. Voluntary disclosure of customer communications or records 3120A. Required disclosure of customer communications or records 3120B. Backup preservation 3120C. Delayed notice 3120D. Cost reimbursement 3120E. Civil action 3120F. Exclusivity of remedies 3120G. Counterintelligence access to telephone toll and transactional records 3120H. Wrongful disclosure of video tape rental or sale records 3120I. Definitions for chapter 3120J. Civil actions against the United States 3120. Voluntary disclosure of customer communications or records (a) Prohibitions Except as provided in subsection (b) or (c)— (1) a person or entity providing an electronic communication service to the public shall not knowingly divulge to any person or entity the contents of a communication while in electronic storage by that service; and (2) a person or entity providing remote computing service to the public shall not knowingly divulge to any person or entity the contents of any communication which is carried or maintained on that service— (A) on behalf of, and received by means of electronic transmission from (or created by means of computer processing of communications received by means of electronic transmission from), a subscriber or customer of such service; (B) solely for the purpose of providing storage or computer processing services to such subscriber or customer, if the provider is not authorized to access the contents of any such communications for purposes of providing any services other than storage or computer processing; and (3) a provider of remote computing service or electronic communication service to the public shall not knowingly divulge a record or other information pertaining to a subscriber to or customer of such service (not including the contents of communications covered by paragraph (1) or (2)) to any governmental entity. (b) Exceptions for disclosure of communications A provider described in subsection (a) may divulge the contents of a communication— (1) to an addressee or intended recipient of such communication or an agent of such addressee or intended recipient; (2) as otherwise authorized in section 3119B, 1492, or 3120A; (3) with the lawful consent of the originator or an addressee or intended recipient of such communication, or the subscriber in the case of remote computing service; (4) to a person employed or authorized or whose facilities are used to forward such communication to its destination; (5) as may be necessarily incident to the rendition of the service or to the protection of the rights or property of the provider of that service; (6) to the National Center for Missing and Exploited Children, in connection with a report submitted thereto under section 6 of the Criminal Code Modernization and Simplification Act of 2011; (7) to a law enforcement agency if the contents— (A) were inadvertently obtained by the service provider; and (B) appear to pertain to the commission of a crime; and (8) to a governmental entity, if the provider, in good faith, believes that an emergency involving danger of death or serious physical injury to any person requires disclosure without delay of communications relating to the emergency. (c) Exceptions for disclosure of customer records A provider described in subsection (a) may divulge a record or other information pertaining to a subscriber to or customer of such service (not including the contents of communications covered by subsection (a)(1) or (a)(2))— (1) as otherwise authorized in section 3120A; (2) with the lawful consent of the customer or subscriber; (3) as may be necessarily incident to the rendition of the service or to the protection of the rights or property of the provider of that service; (4) to a governmental entity, if the provider, in good faith, believes that an emergency involving danger of death or serious physical injury to any person requires disclosure without delay of information relating to the emergency; (5) to the National Center for Missing and Exploited Children, in connection with a report submitted thereto under section 6 of the Criminal Code Modernization and Simplification Act of 2011; or (6) to any person other than a governmental entity. (d) Reporting of emergency disclosures On an annual basis, the Attorney General shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report containing (1) the number of accounts from which the Department of Justice has received voluntary disclosures under subsection (b)(8); and (2) a summary of the basis for disclosure in those instances where— (A) voluntary disclosures under subsection (b)(8) were made to the Department of Justice; and (B) the investigation pertaining to those disclosures was closed without the filing of criminal charges. 3120A. Required disclosure of customer communications or records (a) Contents of wire or electronic communications in electronic storage A governmental entity may require the disclosure by a provider of electronic communication service of the contents of a wire or electronic communication, that is in electronic storage in an electronic communications system for one hundred and eighty days or less, only pursuant to a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) by a court of competent jurisdiction. A governmental entity may require the disclosure by a provider of electronic communications services of the contents of a wire or electronic communication that has been in electronic storage in an electronic communications system for more than one hundred and eighty days by the means available under subsection (b) of this section. (b) Contents of wire or electronic communications in a remote computing service (1) A governmental entity may require a provider of remote computing service to disclose the contents of any wire or electronic communication to which this paragraph is made applicable by paragraph (2) of this subsection— (A) without required notice to the subscriber or customer, if the governmental entity obtains a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) by a court of competent jurisdiction; or (B) with prior notice from the governmental entity to the subscriber or customer if the governmental entity— (i) uses an administrative subpoena authorized by a Federal or State statute or a Federal or State grand jury or trial subpoena; or (ii) obtains a court order for such disclosure under subsection (d) of this section; except that delayed notice may be given pursuant to section 3120C. (2) Paragraph (1) is applicable with respect to any wire or electronic communication that is held or maintained on that service— (A) on behalf of, and received by means of electronic transmission from (or created by means of computer processing of communications received by means of electronic transmission from), a subscriber or customer of such remote computing service; and (B) solely for the purpose of providing storage or computer processing services to such subscriber or customer, if the provider is not authorized to access the contents of any such communications for purposes of providing any services other than storage or computer processing. (c) Records concerning electronic communication service or remote computing service (1) A governmental entity may require a provider of electronic communication service or remote computing service to disclose a record or other information pertaining to a subscriber to or customer of such service (not including the contents of communications) only when the governmental entity— (A) obtains a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) by a court of competent jurisdiction; (B) obtains a court order for such disclosure under subsection (d) of this section; (C) has the consent of the subscriber or customer to such disclosure; (D) submits a formal written request relevant to a law enforcement investigation concerning telemarketing fraud for the name, address, and place of business of a subscriber or customer of such provider, which subscriber or customer is engaged in telemarketing; or (E) seeks information under paragraph (2). (2) A provider of electronic communication service or remote computing service shall disclose to a governmental entity the— (A) name; (B) address; (C) local and long distance telephone connection records, or records of session times and durations; (D) length of service (including start date) and types of service utilized; (E) telephone or instrument number or other subscriber number or identity, including any temporarily assigned network address; and (F) means and source of payment for such service (including any credit card or bank account number), of a subscriber to or customer of such service when the governmental entity uses an administrative subpoena authorized by a Federal or State statute or a Federal or State grand jury or trial subpoena or any means available under paragraph (1). (3) A governmental entity receiving records or information under this subsection is not required to provide notice to a subscriber or customer. (4) As used in this subsection, the term telemarketing — (A) means a plan, program, promotion, or campaign that is conducted to induce— (i) purchases of goods or services; (ii) participation in a contest or sweepstakes; or (iii) a charitable contribution, donation, or gift of money or any other thing of value, by use of 1 or more interstate telephone calls initiated either by a person who is conducting the plan, program, promotion, or campaign or by a prospective purchaser or contest or sweepstakes participant or charitable contributor, or donor; but (B) does not include the solicitation of sales through the mailing of a catalog that— (i) contains a written description or illustration of the goods or services offered for sale; (ii) includes the business address of the seller; (iii) includes multiple pages of written material or illustration; and (iv) has been issued not less frequently than once a year, if the person making the solicitation does not solicit customers by telephone but only receives calls initiated by customers in response to the catalog and during those calls takes orders without further solicitation. (d) Requirements for court order A court order for disclosure under subsection (b) or (c) may be issued by any court that is a court of competent jurisdiction and shall issue only if the governmental entity offers specific and articulable facts showing that there are reasonable grounds to believe that the contents of a wire or electronic communication, or the records or other information sought, are relevant and material to an ongoing criminal investigation. In the case of a State governmental authority, such a court order shall not issue if prohibited by the law of such State. A court issuing an order pursuant to this section, on a motion made promptly by the service provider, may quash or modify such order, if the information or records requested are unusually voluminous in nature or compliance with such order otherwise would cause an undue burden on such provider. (e) No cause of action against a provider disclosing information under this chapter No cause of action shall lie in any court against any provider of wire or electronic communication service, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of a court order, warrant, subpoena, statutory authorization, or certification under this chapter. (f) Requirement To preserve evidence (1) In general A provider of wire or electronic communication services or a remote computing service, upon the request of a governmental entity, shall take all necessary steps to preserve records and other evidence in its possession pending the issuance of a court order or other process. (2) Period of retention Records referred to in paragraph (1) shall be retained for a period of 90 days, which shall be extended for an additional 90-day period upon a renewed request by the governmental entity. (g) Presence of officer not required Notwithstanding section 3105, the presence of an officer shall not be required for service or execution of a search warrant issued in accordance with this chapter requiring disclosure by a provider of electronic communications service or remote computing service of the contents of communications or records or other information pertaining to a subscriber to or customer of such service. 3120B. Backup preservation (a) Backup preservation (1) A governmental entity acting under section 3120A(b)(2) may include in its subpoena or court order a requirement that the service provider to whom the request is directed create a backup copy of the contents of the electronic communications sought in order to preserve those communications. Without notifying the subscriber or customer of such subpoena or court order, such service provider shall create such backup copy as soon as practicable consistent with its regular business practices and shall confirm to the governmental entity that such backup copy has been made. Such backup copy shall be created within two business days after receipt by the service provider of the subpoena or court order. (2) Notice to the subscriber or customer shall be made by the governmental entity within three days after receipt of such confirmation, unless such notice is delayed pursuant to section 3120C(a). (3) The service provider shall not destroy such backup copy until the later of— (A) the delivery of the information; or (B) the resolution of any proceedings (including appeals of any proceeding) concerning the government’s subpoena or court order. (4) The service provider shall release such backup copy to the requesting governmental entity no sooner than fourteen days after the governmental entity’s notice to the subscriber or customer if such service provider— (A) has not received notice from the subscriber or customer that the subscriber or customer has challenged the governmental entity’s request; and (B) has not initiated proceedings to challenge the request of the governmental entity. (5) A governmental entity may seek to require the creation of a backup copy under subsection (a)(1) of this section if in its sole discretion such entity determines that there is reason to believe that notification under section 3120A of the existence of the subpoena or court order may result in destruction of or tampering with evidence. This determination is not subject to challenge by the subscriber or customer or service provider. (b) Customer challenges (1) Within 14 days after notice by the governmental entity to the subscriber or customer under subsection (a)(2) of this section, such subscriber or customer may file a motion to quash such subpoena or vacate such court order, with copies served upon the governmental entity and with written notice of such challenge to the service provider. A motion to vacate a court order shall be filed in the court which issued such order. A motion to quash a subpoena shall be filed in the appropriate United States district court or State court. Such motion or application shall contain an affidavit or sworn statement— (A) stating that the applicant is a customer or subscriber to the service from which the contents of electronic communications maintained for him have been sought; and (B) stating the applicant’s reasons for believing that the records sought are not relevant to a legitimate law enforcement inquiry or that there has not been substantial compliance with the provisions of this chapter in some other respect. (2) Service shall be made under this section upon a governmental entity by delivering or mailing by registered or certified mail a copy of the papers to the person, office, or department specified in the notice which the customer has received pursuant to this chapter. For the purposes of this section, the term delivery has the meaning given that term in the Federal Rules of Civil Procedure. (3) If the court finds that the customer has complied with paragraphs (1) and (2) of this subsection, the court shall order the governmental entity to file a sworn response, which may be filed in camera if the governmental entity includes in its response the reasons which make in camera review appropriate. If the court is unable to determine the motion or application on the basis of the parties’ initial allegations and response, the court may conduct such additional proceedings as it deems appropriate. All such proceedings shall be completed and the motion or application decided as soon as practicable after the filing of the governmental entity’s response. (4) If the court finds that the applicant is not the subscriber or customer for whom the communications sought by the governmental entity are maintained, or that there is a reason to believe that the law enforcement inquiry is legitimate and that the communications sought are relevant to that inquiry, it shall deny the motion or application and order such process enforced. If the court finds that the applicant is the subscriber or customer for whom the communications sought by the governmental entity are maintained, and that there is not a reason to believe that the communications sought are relevant to a legitimate law enforcement inquiry, or that there has not been substantial compliance with the provisions of this chapter, it shall order the process quashed. (5) A court order denying a motion or application under this section shall not be deemed a final order and no interlocutory appeal may be taken therefrom by the customer. 3120C. Delayed notice (a) Delay of notification (1) A governmental entity acting under section 3120A(b) may— (A) where a court order is sought, include in the application a request, which the court shall grant, for an order delaying the notification required under section 3120A(b) for a period not to exceed ninety days, if the court determines that there is reason to believe that notification of the existence of the court order may have an adverse result described in paragraph (2) of this subsection; or (B) where an administrative subpoena authorized by a Federal or State statute or a Federal or State grand jury subpoena is obtained, delay the notification required under section 3120A(b) for a period not to exceed ninety days upon the execution of a written certification of a supervisory official that there is reason to believe that notification of the existence of the subpoena may have an adverse result described in paragraph (2) of this subsection. (2) An adverse result for the purposes of paragraph (1) of this subsection is— (A) endangering the life or physical safety of an individual; (B) flight from prosecution; (C) destruction of or tampering with evidence; (D) intimidation of potential witnesses; or (E) otherwise seriously jeopardizing an investigation or unduly delaying a trial. (3) The governmental entity shall maintain a true copy of certification under paragraph (1)(B). (4) Extensions of the delay of notification provided in section 3120A of up to ninety days each may be granted by the court upon application, or by certification by a governmental entity, but only in accordance with subsection (b) of this section. (5) Upon expiration of the period of delay of notification under paragraph (1) or (4) of this subsection, the governmental entity shall serve upon, or deliver by registered or first-class mail to, the customer or subscriber a copy of the process or request together with notice that— (A) states with reasonable specificity the nature of the law enforcement inquiry; and (B) informs such customer or subscriber— (i) that information maintained for such customer or subscriber by the service provider named in such process or request was supplied to or requested by that governmental authority and the date on which the supplying or request took place; (ii) that notification of such customer or subscriber was delayed; (iii) what governmental entity or court made the certification or determination pursuant to which that delay was made; and (iv) which provision of this chapter allowed such delay. (6) As used in this subsection, the term supervisory official means the investigative agent in charge or assistant investigative agent in charge or an equivalent of an investigating agency’s headquarters or regional office, or the chief prosecuting attorney or the first assistant prosecuting attorney or an equivalent of a prosecuting attorney’s headquarters or regional office. (b) Preclusion of notice to subject of governmental access A governmental entity acting under section 3120A, when it is not required to notify the subscriber or customer under section 3120A(b)(1), or to the extent that it may delay such notice pursuant to subsection (a) of this section, may apply to a court for an order commanding a provider of electronic communications service or remote computing service to whom a warrant, subpoena, or court order is directed, for such period as the court deems appropriate, not to notify any other person of the existence of the warrant, subpoena, or court order. The court shall enter such an order if it determines that there is reason to believe that notification of the existence of the warrant, subpoena, or court order will result in— (1) endangering the life or physical safety of an individual; (2) flight from prosecution; (3) destruction of or tampering with evidence; (4) intimidation of potential witnesses; or (5) otherwise seriously jeopardizing an investigation or unduly delaying a trial. 3120D. Cost reimbursement (a) Payment Except as otherwise provided in subsection (c), a governmental entity obtaining the contents of communications, records, or other information under section 3120, 3120A, or 3120B shall pay to the person or entity assembling or providing such information a fee for reimbursement for such costs as are reasonably necessary and which have been directly incurred in searching for, assembling, reproducing, or otherwise providing such information. Such reimbursable costs shall include any costs due to necessary disruption of normal operations of any electronic communication service or remote computing service in which such information may be stored. (b) Amount The amount of the fee provided by subsection (a) shall be as mutually agreed by the governmental entity and the person or entity providing the information, or, in the absence of agreement, shall be as determined by the court which issued the order for production of such information (or the court before which a criminal prosecution relating to such information would be brought, if no court order was issued for production of the information). (c) Exception The requirement of subsection (a) of this section does not apply with respect to records or other information maintained by a communications common carrier that relate to telephone toll records and telephone listings obtained under section 3120A. The court may, however, order a payment as described in subsection (a) if the court determines the information required is unusually voluminous in nature or otherwise caused an undue burden on the provider. 3120E. Civil action (a) Cause of action Except as provided in section 3120A(e), any provider of electronic communication service, subscriber, or other person aggrieved by any violation of this chapter in which the conduct constituting the violation is engaged in with a knowing or intentional state of mind may, in a civil action, recover from the person or entity, other than the United States, which engaged in that violation such relief as may be appropriate. (b) Relief In a civil action under this section, appropriate relief includes— (1) such preliminary and other equitable or declaratory relief as may be appropriate; (2) damages under subsection (c); and (3) a reasonable attorney’s fee and other litigation costs reasonably incurred. (c) Damages The court may assess as damages in a civil action under this section the sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation, but in no case shall a person entitled to recover receive less than the sum of $1,000. If the violation is willful or intentional, the court may assess punitive damages. In the case of a successful action to enforce liability under this section, the court may assess the costs of the action, together with reasonable attorney fees determined by the court. (d) Administrative discipline If a court or appropriate department or agency determines that the United States or any of its departments or agencies has violated any provision of this chapter, and the court or appropriate department or agency finds that the circumstances surrounding the violation raise serious questions about whether or not an officer or employee of the United States acted willfully or intentionally with respect to the violation, the department or agency shall, upon receipt of a true and correct copy of the decision and findings of the court or appropriate department or agency promptly initiate a proceeding to determine whether disciplinary action against the officer or employee is warranted. If the head of the department or agency involved determines that disciplinary action is not warranted, he or she shall notify the Inspector General with jurisdiction over the department or agency concerned and shall provide the Inspector General with the reasons for such determination. (e) Defense A good faith reliance on— (1) a court warrant or order, a grand jury subpoena, a legislative authorization, or a statutory authorization (including a request of a governmental entity under section 3120A(f)); (2) a request of an investigative or law enforcement officer under section 3119C(g); or (3) a good faith determination that section 1492(c) permitted the conduct complained of; is a complete defense to any civil or criminal action brought under this chapter or any other law. (f) Limitation A civil action under this section may not be commenced later than two years after the date upon which the claimant first discovered or had a reasonable opportunity to discover the violation. (g) Improper disclosure Any willful disclosure of a record , as that term is defined in section 552a(a) of title 5, obtained by an investigative or law enforcement officer, or a governmental entity, pursuant to section 3120A, or from a device installed pursuant to section 3123 or 3125, that is not a disclosure made in the proper performance of the official functions of the officer or governmental entity making the disclosure, is a violation of this chapter. This subsection does not apply to information previously lawfully disclosed (prior to the commencement of any civil or administrative proceeding under this chapter) to the public by a Federal, State, or local governmental entity or by the plaintiff in a civil action under this chapter. 3120F. Exclusivity of remedies The remedies and sanctions described in this chapter are the only judicial remedies and sanctions for nonconstitutional violations of this chapter. 3120G. Counterintelligence access to telephone toll and transactional records (a) Duty To provide A wire or electronic communication service provider shall comply with a request for subscriber information and toll billing records information, or electronic communication transactional records in its custody or possession made by the Director of the Federal Bureau of Investigation under subsection (b) of this section. (b) Required certification The Director of the Federal Bureau of Investigation, or his designee in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge in a Bureau field office designated by the Director, may— (1) request the name, address, length of service, and local and long distance toll billing records of a person or entity if the Director (or his designee) certifies in writing to the wire or electronic communication service provider to which the request is made that the name, address, length of service, and toll billing records sought are relevant to an authorized investigation to protect against international terrorism or clandestine intelligence activities, provided that such an investigation of a United States person is not conducted solely on the basis of activities protected by the first amendment to the Constitution of the United States; and (2) request the name, address, and length of service of a person or entity if the Director (or his designee) certifies in writing to the wire or electronic communication service provider to which the request is made that the information sought is relevant to an authorized investigation to protect against international terrorism or clandestine intelligence activities, provided that such an investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution of the United States. (c) Prohibition of certain disclosure (1) If the Director of the Federal Bureau of Investigation, or his designee in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge in a Bureau field office designated by the Director, certifies that otherwise there may result a danger to the national security of the United States, interference with a criminal, counterterrorism, or counterintelligence investigation, interference with diplomatic relations, or danger to the life or physical safety of any person, no wire or electronic communications service provider, or officer, employee, or agent thereof, shall disclose to any person (other than those to whom such disclosure is necessary to comply with the request or an attorney to obtain legal advice or legal assistance with respect to the request) that the Federal Bureau of Investigation has sought or obtained access to information or records under this section. (2) The request shall notify the person or entity to whom the request is directed of the nondisclosure requirement under paragraph (1). (3) Any recipient disclosing to those persons necessary to comply with the request or to an attorney to obtain legal advice or legal assistance with respect to the request shall inform such person of any applicable nondisclosure requirement. Any person who receives a disclosure under this subsection shall be subject to the same prohibitions on disclosure under paragraph (1). (4) At the request of the Director of the Federal Bureau of Investigation or the designee of the Director, any person making or intending to make a disclosure under this section shall identify to the Director or such designee the person to whom such disclosure will be made or to whom such disclosure was made prior to the request, except that nothing in this section requires a person to inform the Director or such designee of the identity of an attorney to whom disclosure was made or will be made to obtain legal advice or legal assistance with respect to the request under subsection (a). (d) Dissemination by Bureau The Federal Bureau of Investigation may disseminate information and records obtained under this section only as provided in guidelines approved by the Attorney General for foreign intelligence collection and foreign counterintelligence investigations conducted by the Federal Bureau of Investigation, and, with respect to dissemination to an agency of the United States, only if such information is clearly relevant to the authorized responsibilities of such agency. (e) Requirement that certain congressional bodies be informed On a semiannual basis the Director of the Federal Bureau of Investigation shall fully inform the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, and the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate, concerning all requests made under subsection (b) of this section. (f) Libraries A library (as that term is defined in section 213(1) of the Library Services and Technology Act), the services of which include access to the Internet, books, journals, magazines, newspapers, or other similar forms of communication in print or digitally by patrons for their use, review, examination, or circulation, is not a wire or electronic communication service provider for purposes of this section, unless the library is providing the services defined in section 1491 ( electronic communication service ). 3120H. Wrongful disclosure of video tape rental or sale records (a) Definitions For purposes of this section— (1) the term consumer means any renter, purchaser, or subscriber of goods or services from a video tape service provider; (2) the term ordinary course of business means only debt collection activities, order fulfillment, request processing, and the transfer of ownership; (3) the term personally identifiable information includes information which identifies a person as having requested or obtained specific video materials or services from a video tape service provider; and (4) the term video tape service provider means any person, engaged in the business, in or affecting interstate or foreign commerce, of rental, sale, or delivery of prerecorded video cassette tapes or similar audio visual materials, or any person or other entity to whom a disclosure is made under subparagraph (D) or (E) of subsection (b)(2), but only with respect to the information contained in the disclosure. (b) Video tape rental and sale records (1) A video tape service provider who knowingly discloses, to any person, personally identifiable information concerning any consumer of such provider shall be liable to the aggrieved person for the relief provided in subsection (d). (2) A video tape service provider may disclose personally identifiable information concerning any consumer— (A) to the consumer; (B) to any person with the informed, written consent (including through an electronic means using the Internet) of the consumer that— (i) is in a form distinct and separate from any form setting forth other legal or financial obligations of the consumer; (ii) at the election of the consumer— (I) is given at the time the disclosure is sought; or (II) is given in advance for a set period of time, not to exceed 2 years or until consent is withdrawn by the consumer, whichever is sooner; and (iii) the video tape service provider has provided an opportunity, in a clear and conspicuous manner, for the consumer to withdraw on a case-by-case basis or to withdraw from ongoing disclosures, at the consumer's election; (C) to a law enforcement agency pursuant to a warrant issued under the Federal Rules of Criminal Procedure, an equivalent State warrant, a grand jury subpoena, or a court order; (D) to any person if the disclosure is solely of the names and addresses of consumers and if— (i) the video tape service provider has provided the consumer with the opportunity, in a clear and conspicuous manner, to prohibit such disclosure; and (ii) the disclosure does not identify the title, description, or subject matter of any video tapes or other audio visual material; however, the subject matter of such materials may be disclosed if the disclosure is for the exclusive use of marketing goods and services directly to the consumer; (E) to any person if the disclosure is incident to the ordinary course of business of the video tape service provider; or (F) pursuant to a court order, in a civil proceeding upon a showing of compelling need for the information that cannot be accommodated by any other means, if— (i) the consumer is given reasonable notice, by the person seeking the disclosure, of the court proceeding relevant to the issuance of the court order; and (ii) the consumer is afforded the opportunity to appear and contest the claim of the person seeking the disclosure. If an order is granted pursuant to subparagraph (C) or (F), the court shall impose appropriate safeguards against unauthorized disclosure. (3) Court orders authorizing disclosure under subparagraph (C) shall issue only with prior notice to the consumer and only if the law enforcement agency shows that there is probable cause to believe that the records or other information sought are relevant to a legitimate law enforcement inquiry. In the case of a State government authority, such a court order shall not issue if prohibited by the law of such State. A court issuing an order pursuant to this section, on a motion made promptly by the video tape service provider, may quash or modify such order if the information or records requested are unreasonably voluminous in nature or if compliance with such order otherwise would cause an unreasonable burden on such provider. (c) Civil action (1) Any person aggrieved by any act of a person in violation of this section may bring a civil action in a United States district court. (2) The court may award— (A) actual damages but not less than liquidated damages in an amount of $2,500; (B) punitive damages; (C) reasonable attorneys’ fees and other litigation costs reasonably incurred; and (D) such other preliminary and equitable relief as the court determines to be appropriate. (3) No action may be brought under this subsection unless such action is begun within 2 years from the date of the act complained of or the date of discovery. (4) No liability shall result from lawful disclosure permitted by this section. (d) Personally identifiable information Personally identifiable information obtained in any manner other than as provided in this section shall not be received in evidence in any trial, hearing, arbitration, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision of a State. (e) Destruction of old records A person subject to this section shall destroy personally identifiable information as soon as practicable, but no later than one year from the date the information is no longer necessary for the purpose for which it was collected and there are no pending requests or orders for access to such information under subsection (b)(2) or (c)(2) or pursuant to a court order. 3120I. Definitions for chapter As used in this chapter— (1) unless otherwise provided, a term defined in section 1491 has the same meaning given that term in that section; (2) the term remote computing service means the provision to the public of computer storage or processing services by means of an electronic communications system; (3) the term court of competent jurisdiction includes— (A) any district court of the United States (including a magistrate judge of such a court) or any United States court of appeals that— (i) has jurisdiction over the offense being investigated; (ii) is in or for a district in which the provider of a wire or electronic communication service is located or in which the wire or electronic communications, records, or other information are stored; or (iii) is acting on a request for foreign assistance pursuant to section 3512; or (B) a court of general criminal jurisdiction of a State authorized by the law of that State to issue search warrants; and (4) the term governmental entity means a department or agency of the United States or any State or political subdivision thereof. 3120J. Civil actions against the United States (a) In general Any person who is aggrieved by any willful violation of subchapter B or C of chapter 37 or of sections 106(a), 305(a), or 405(a) of the Foreign Intelligence Surveillance Act of 1978 may commence an action in United States District Court against the United States to recover money damages. In any such action, if a person who is aggrieved successfully establishes such a violation of subchapter B or C of chapter 37 or of the above specified provisions of title 50, the Court may assess as damages— (1) actual damages, but not less than $10,000, whichever amount is greater; and (2) litigation costs, reasonably incurred. (b) Procedures (1) Any action against the United States under this section may be commenced only after a claim is presented to the appropriate department or agency under the procedures of the Federal Tort Claims Act, as set forth in title 28. (2) Any action against the United States under this section shall be forever barred unless it is presented in writing to the appropriate Federal agency within 2 years after such claim accrues or unless action is begun within 6 months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the agency to which it was presented. The claim shall accrue on the date upon which the claimant first has a reasonable opportunity to discover the violation. (3) Any action under this section shall be tried to the court without a jury. (4) Notwithstanding any other provision of law, the procedures set forth in section 106(f), 305(g), or 405(f) of the Foreign Intelligence Surveillance Act of 1978 shall be the exclusive means by which materials governed by those sections may be reviewed. (5) An amount equal to any award against the United States under this section shall be reimbursed by the department or agency concerned to the fund described in section 1304 of title 31, out of any appropriation, fund, or other account (excluding any part of such appropriation, fund, or account that is available for the enforcement of any Federal law) that is available for the operating expenses of the department or agency concerned. (c) Administrative discipline If a court or appropriate department or agency determines that the United States or any of its departments or agencies has violated any provision of this chapter, and the court or appropriate department or agency finds that the circumstances surrounding the violation raise serious questions about whether or not an officer or employee of the United States acted willfully or intentionally with respect to the violation, the department or agency shall, upon receipt of a true and correct copy of the decision and findings of the court or appropriate department or agency promptly initiate a proceeding to determine whether disciplinary action against the officer or employee is warranted. If the head of the department or agency involved determines that disciplinary action is not warranted, he or she shall notify the Inspector General with jurisdiction over the department or agency concerned and shall provide the Inspector General with the reasons for such determination. (d) Exclusive remedy Any action against the United States under this subsection shall be the exclusive remedy against the United States for any claims within the purview of this section. (e) Stay of proceedings (1) Upon the motion of the United States, the court shall stay any action commenced under this section if the court determines that civil discovery will adversely affect the ability of the Government to conduct a related investigation or the prosecution of a related criminal case. Such a stay shall toll the limitations periods of paragraph (2) of subsection (b). (2) In this subsection, the terms related criminal case and related investigation mean an actual prosecution or investigation in progress at the time at which the request for the stay or any subsequent motion to lift the stay is made. In determining whether an investigation or a criminal case is related to an action commenced under this section, the court shall consider the degree of similarity between the parties, witnesses, facts, and circumstances involved in the 2 proceedings, without requiring that any one or more factors be identical. (3) In requesting a stay under paragraph (1), the Government may, in appropriate cases, submit evidence ex parte in order to avoid disclosing any matter that may adversely affect a related investigation or a related criminal case. If the Government makes such an ex parte submission, the plaintiff shall be given an opportunity to make a submission to the court, not ex parte, and the court may, in its discretion, request further information from either party. ; and (2) by inserting at the end of chapter 213 the following: 3301. Hate crime acts (a) Offenses not resulting in death Except as provided in paragraph (2), no person shall be prosecuted, tried, or punished for any offense under section 901 unless the indictment for such offense is found, or the information for such offense is instituted, not later than 7 years after the date on which the offense was committed. (b) Death resulting offenses An indictment or information alleging that an offense under section 901 resulted in death may be found or instituted at any time without limitation. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1860ih/xml/BILLS-113hr1860ih.xml |
113-hr-1861 | I 113th CONGRESS 1st Session H. R. 1861 IN THE HOUSE OF REPRESENTATIVES May 7, 2013 Mr. Sensenbrenner (for himself, Mr. Duncan of South Carolina , Mr. Ryan of Wisconsin , Mr. Huizenga of Michigan , Mr. Kinzinger of Illinois , Mr. Hultgren , Mr. Jones , Mr. Duffy , Mr. Griffin of Arkansas , and Mr. Terry ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To stop motorcycle checkpoint funding, and for other purposes.
1. Short title This Act may be cited as the Stop Motorcycle Checkpoint Funding Act . 2. Grant restriction The Secretary of Transportation may not provide a grant or any funds to a State, county, town, or township, Indian tribe, municipal or other local government to be used for any program to check helmet usage or create checkpoints for an operator of motorcycle or passenger on a motorcycle. 3. Motorcycle safety Section 153 of title 23, United States Code, is amended— (1) in the section heading by striking and motorcycle helmets ; (2) in subsection (a) by striking such fiscal year— and everything that follows through (2) a law and inserting such fiscal year a law ; (3) in subsection (b) by striking State laws each place it appears and inserting a State law ; and (4) in subsection (f) by amending paragraphs (2) and (3) to read as follows: (2) Second-year grants A State is eligible for a grant under this section in a fiscal year succeeding the first fiscal year in which a State receives a grant under this section only if the State in the preceding fiscal year had in effect at all times a State law described in subsection (a) and achieved a rate of compliance with such law of not less than 50 percent. (3) Third-year grants A State is eligible for a grant under this section in a fiscal year succeeding the second fiscal year in which a State receives a grant under this section only if the State in the preceding fiscal year had in effect at all times a State law described in subsection (a) and achieved a rate of compliance with such law of not less than 70 percent. . 4. Highway safety programs Section 402(a)(2)(A) of title 23, United States Code, is amended by striking clause (iv) and inserting the following: (iv) to prevent accidents in order to reduce injuries and deaths resulting from accidents involving motor vehicles and motorcycles; . | https://www.govinfo.gov/content/pkg/BILLS-113hr1861ih/xml/BILLS-113hr1861ih.xml |
113-hr-1862 | I 113th CONGRESS 1st Session H. R. 1862 IN THE HOUSE OF REPRESENTATIVES May 7, 2013 Mr. Stivers (for himself, Mr. Carson of Indiana , and Mrs. Beatty ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Federal Home Loan Bank Act to allow non-Federally insured credit unions to become members of a Federal Home Loan Bank.
1. Short title This Act may be cited as the Capital Access for Small Community Financial Institutions Act of 2013 . 2. Inclusion of non-Federally insured credit unions Section 4 of the Federal Home Loan Bank Act ( 12 U.S.C. 1424(a) ) is amended— (1) in subsection (a)— (A) in paragraph (1), by inserting after community development financial institution, the following: a State credit union (as such term is defined under section 101 of the Federal Credit Union Act ( 12 U.S.C. 1752 )), ; (B) in paragraph (2)— (i) in the matter before subparagraph (A), by inserting after insured depository institution the following: or State credit union ; (ii) in subparagraph (A), by inserting after (other than a community financial institution) the following: or State credit union ; and (iii) in subparagraph (B)— (I) by inserting after insured depository institution’s the following: or State credit union’s ; and (II) by inserting before the semicolon the following: or State credit union ; and (C) in paragraph (3), by inserting after insured depository institution the following: or State credit union ; and (2) in subsection (b)— (A) by inserting after institution the following: or State credit union ; and (B) by inserting after institution’s the following: or State credit union’s . | https://www.govinfo.gov/content/pkg/BILLS-113hr1862ih/xml/BILLS-113hr1862ih.xml |
113-hr-1863 | I 113th CONGRESS 1st Session H. R. 1863 IN THE HOUSE OF REPRESENTATIVES May 7, 2013 Mr. Vela (for himself and Mr. O’Rourke ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To require the Secretary of State to submit a report on water sharing with Mexico.
1. Report on water sharing Not later than 120 days after the date of the enactment of this Act and annually thereafter, the Secretary of State shall submit to Congress a report on— (1) efforts by Mexico to meet its treaty deliveries of water to the Rio Grande in accordance with the Treaty between the United States and Mexico Respecting Utilization of waters of the Colorado and Tijuana Rivers and of the Rio Grande (done at Washington, February 3, 1944); and (2) the benefits to the United States of the Interim International Cooperative Measures in the Colorado River Basin through 2017 and Extension of Minute 318 Cooperative Measures to Address the Continued Effects of the April 2010 Earthquake in the Mexicali Valley, Baja, California (done at Coronado, California, November 20, 2012; commonly referred to as Minute No. 319 ). | https://www.govinfo.gov/content/pkg/BILLS-113hr1863ih/xml/BILLS-113hr1863ih.xml |
113-hr-1864 | I 113th CONGRESS 1st Session H. R. 1864 IN THE HOUSE OF REPRESENTATIVES May 7, 2013 Mrs. Walorski (for herself and Ms. Loretta Sanchez of California ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to require an Inspector General investigation of allegations of retaliatory personnel actions taken in response to making protected communications regarding sexual assault.
1. Inspector General investigation of allegations of retaliatory personnel actions taken in response to making protected communications regarding sexual assault Section 1034(c)(2)(A) of title 10, United States Code, is amended by striking sexual harassment or and inserting rape, sexual assault, or other sexual misconduct in violation of sections 920 through 920c of this title (articles 120 through 120c of the Uniform Code of Military Justice), sexual harassment, or . | https://www.govinfo.gov/content/pkg/BILLS-113hr1864ih/xml/BILLS-113hr1864ih.xml |
113-hr-1865 | I 113th CONGRESS 1st Session H. R. 1865 IN THE HOUSE OF REPRESENTATIVES May 7, 2013 Mr. Welch 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 35 Park Street in Danville, Vermont, as the Thaddeus Stevens Post Office .
1. Thaddeus Stevens Post Office (a) Designation The facility of the United States Postal Service located at 35 Park Street in Danville, Vermont, shall be known and designated as the Thaddeus Stevens 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 Thaddeus Stevens Post Office . | https://www.govinfo.gov/content/pkg/BILLS-113hr1865ih/xml/BILLS-113hr1865ih.xml |
113-hr-1866 | I 113th CONGRESS 1st Session H. R. 1866 IN THE HOUSE OF REPRESENTATIVES May 7, 2013 Mr. Young of Alaska introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Endangered Species Act of 1973 to promote sustainable-use conservation, to harmonize that Act with the Convention on International Trade in Endangered Species of Wild Fauna and Flora, and for other purposes.
1. Short title This Act may be cited as the Enhancement of Species Survival Act . 2. Definition Section 3 of the Endangered Species Act of 1973 ( 16 U.S.C. 1532 ) is amended by redesignating paragraphs (7) through (10) as paragraphs (8) through (11), and inserting after paragraph (6) the following: (7) The term enhancement of propagation or survival means directly or indirectly improving a species’ sustainability in the wild, including any measure that— (A) benefits the species’ population numbers, health, or habitat; (B) reduces a threat to the species; or (C) increases the social tolerance of the species. . 3. Enhancement finding Section 10(a)(1) of the Endangered Species Act of 1973 ( 16 U.S.C. 1539(a)(1) ) is amended— (1) in the matter preceding subparagraph (A), by striking may permit ; (2) in subparagraph (A)— (A) by inserting shall permit before any act ; and (B) by striking or after the semicolon at the end; (3) in subparagraph (B)— (A) by inserting may permit before any act ; and (B) by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: (C) shall permit importation of a sport-hunted trophy or other specimen that was legally taken from a population of a species that is not native to the United States (including a domestic population of such a species), if— (i) (I) the population is listed as an endangered species or threatened species under section 4 and is listed under Appendix II to the Convention; and (II) all trade in the trophy or specimen is in accordance with all requirements in Article IV of the Convention and any relevant resolutions adopted by the Convention Conference of the Parties; or (ii) (I) the population is listed in Appendix I to the Convention; (II) in the case of a sport-hunted trophy or other specimen, all trade in the trophy or specimen is in accordance with all requirements of Article III of the Convention and all relevant resolutions and quotas adopted by the Convention Conference of the Parties; and (III) in the case of a ranched or captive bred specimen, all commercial trade in such specimen is in accordance with clause 4 of Article VII of the Convention and with all relevant clarifying resolutions and quotas adopted by the Convention Conference of the Parties; and (D) shall permit under subparagraphs (A) and (C), notwithstanding sections 3(1)(C) and 101(a)(1) of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1362(1)(C) , 1371(a)(1)), importation of a sport-hunted trophy or other specimen of a marine mammal that has been legally taken from a population that is depleted under such Act solely by reason of section 3(1)(C) of that Act. . 4. Implementation The Secretary, as that term is used in the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ), shall, by not later than 120 days after the date of enactment of this Act, promulgate regulations implementing the amendments made by this Act, including criteria for the issuance of permits under section 10(a)(1)(A) of such Act (16 U.S.C. 1539(a)(1)), as amended by this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1866ih/xml/BILLS-113hr1866ih.xml |
113-hr-1867 | I 113th CONGRESS 1st Session H. R. 1867 IN THE HOUSE OF REPRESENTATIVES May 8, 2013 Mr. Turner (for himself and Ms. Tsongas ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to make certain improvements in the Uniform Code of Military Justice related to sex-related offenses committed by members of the Armed Forces, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Better Enforcement for Sexual Assault Free Environments Act of 2013 or BE SAFE Act . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Limitations on convening authority discretion regarding court-martial findings and sentence. Sec. 3. Mandatory discharge or dismissal for certain sex-related offenses under the Uniform Code of Military Justice and trial of such offenses by general courts-martial. Sec. 4. Elimination of five-year statute of limitations on trial by court-martial for additional offenses involving sex-related crimes. Sec. 5. Consideration of need for, and authority to provide for, temporary administrative reassignment or removal of a member on active duty who is accused of committing a sexual assault or related offense. Sec. 6. Victims’ Counsel for victims of sex-related offenses committed by members of the Armed Forces and related provisions. Sec. 7. Secretary of Defense report on sentencing reform. Sec. 8. Secretary of Defense report on role of commanders in military justice process. 2. Limitations on convening authority discretion regarding court-martial findings and sentence (a) Elimination of unlimited command prerogative and discretion Paragraph (1) of section 860(c) of title 10, United States Code (article 60(c) of the Uniform Code of Military Justice) is amended by striking the first sentence. (b) Limitations on discretion regarding court-Martial findings Paragraph (3) of section 860(c) of title 10, United States Code (article 60(c) of the Uniform Code of Military Justice) is amended to read as follows: (3) (A) Action on the findings of a court-martial by the convening authority or by another person authorized to act under this section is not required. (B) If a convening authority or other person acts on the findings of a court-martial, the convening authority or other person may not— (i) dismiss any charge or specification, other than a charge or specification for a minor offense, by setting aside a finding of guilty thereto; or (ii) change a finding of guilty to a charge or specification, other than a charge or specification for a minor offense, to a finding of guilty to an offense that is a lesser included offense of the offense stated in the charge or specification. (C) If a convening authority or other person acts on the findings to dismiss or change any charge or specification for a minor offense, the convening authority or other person shall prepare a written explanation of such action. Such written explanation shall be immediately provided and made a part of the record of the court-martial at the time the action is taken and becomes effective. (D) For purposes of this paragraph, the convening authority or other person may treat an offense as a minor offense only if the sentence adjudged by a court-martial for an offense, or combination of offenses, is not more severe than confinement for 30 days, forfeiture of two-thirds pay per month for one month, or reduction to the lowest pay grade, or some combination thereof. However, a charge or specification of murder, rape, sexual assault, rape or sexual assault of a child, or any other offense punishable by death may not, under any circumstances, be considered a minor offense for purposes of this paragraph, regardless of the adjudged sentence. . (c) Limitations of discretion To modify an adjudged sentence to less than mandatory minimum sentence Section 860(c) of title 10, United States Code (article 60(c) of the Uniform Code of Military Justice) is amended— (1) in paragraph (2), by striking The convening authority and inserting the following: (B) Except as provided in paragraph (4), the convening authority ; and (2) by adding at the end the following new paragraph: (4) If a mandatory minimum sentence exists for a charge, the convening authority or another person authorized to act under this section may not modify an adjudged sentence to reduce the sentence to less than the mandatory minimum sentence, except that, upon the recommendation of the trial counsel, the convening authority or other person shall have the authority to impose a sentence below a level established by statute as a minimum sentence so as to reflect the substantial assistance by the accused in the investigation or prosecution of another person who has committed an offense. . (d) Explanation for any decision disapproving, commuting, or suspending court-Martial sentence Section 860(c)(2) of title 10, United States Code (article 60(c)(2) of the Uniform Code of Military Justice), as amended by subsection (c)(1), is further amended— (1) by inserting (A) after (2) ; and (2) by adding at the end the following new subparagraph: (C) If the convening authority or other person makes a decision to disapprove, commute, or suspend the sentence in whole or in part, the convening authority or such person shall prepare a detailed written explanation of such action. Such written explanation shall be immediately provided and made a part of the record of the court-martial at the time the action is taken and becomes effective. . (e) Conforming amendment to other authority for convening authority To suspend sentence Section 871(d) of such title (article 71(d) of the Uniform Code of Military Justice) is amended by adding at the end the following new sentence: Paragraphs (2) and (4) of subsection (c) of section 860 of this title (article 60) shall apply to any decision by the convening authority or such person to suspend the execution of any sentence or part thereof under this subsection. . (f) Effective date The amendments made by this section shall take effect 180 days after the date of the enactment of this Act and shall apply with respect to findings and sentences of courts-martial reported to convening authorities under section 860 of title 10, United States Code (article 60 of the Uniform Code of Military Justice), as amended by this section, on or after that effective date. 3. Mandatory discharge or dismissal for certain sex-related offenses under the Uniform Code of Military Justice and trial of such offenses by general courts-martial (a) Mandatory discharge or dismissal required (1) Imposition Section 856 of title 10, United States Code (article 56 of the Uniform Code of Military Justice) is amended— (A) by inserting (a) before The punishment ; and (B) by adding at the end the following new subsection: (b) (1) While a person subject to this chapter who is found guilty of an offense specified in paragraph (2) shall be punished as a general court-martial may direct, such punishment must include, at a minimum, dismissal or dishonorable discharge. (2) Paragraph (1) applies to the following offenses: (A) An offense in violation of subsection (a) or (b) of section 920 (article 120(a) or (b)). (B) Forcible sodomy under section 925 of this title (article 125). (C) An attempt to commit an offense specified in subparagraph (A) or (B) that is punishable under section 880 of this title (article 80). . (2) Clerical amendments (A) Section heading The heading of such section is amended to read as follows: 856. Art. 56. Maximum and minimum limits . (B) Table of sections The table of sections at the beginning of subchapter VIII of chapter 47 of such title is amended by striking the item relating to section 856 and inserting the following new item: 856. Art 56. Maximum and minimum limits. . (b) Jurisdiction limited to general courts-Martial Section 818 of such title (article 18 of the Uniform Code of Military Justice) is amended— (1) by inserting (a) before the first sentence; (2) in the third sentence, by striking However, a general court-martial and inserting the following: (b) A general court-martial ; and (3) by adding at the end the following new subsection: (c) Consistent with sections 819, 820, and 856(b) of this title (articles 19, 20, and 56(b)), only general courts-martial have jurisdiction over an offense specified in section 856(b)(2) of this title (article 56(b)(2)). . (c) Effective date The amendments made by this section shall take effect 180 days after the date of the enactment of this Act. 4. Elimination of five-year statute of limitations on trial by court-martial for additional offenses involving sex-related crimes (a) Inclusion of additional offenses Section 843(a) of title 10, United States Code (article 43(a) of the Uniform Code of Military Justice) is amended by striking rape, or rape of a child and inserting rape or sexual assault, or rape or sexual assault of a child . (b) Conforming amendment Section 843(b)(2)(B)(i) of title 10, United States Code (article 43(b)(2)(B)(i) of the Uniform Code of Military Justice) is amended by inserting before the period at the end the following: , unless the offense is covered by subsection (a) . (c) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply with respect to an offense covered by section 920(b) or 920b(b) of title 10, United States Code (article 120(b) or 120b(b) of the Uniform Code of Military Justice) that is committed on or after that date. 5. Consideration of need for, and authority to provide for, temporary administrative reassignment or removal of a member on active duty who is accused of committing a sexual assault or related offense (a) In general Chapter 39 of title 10, United States Code, is amended by inserting after section 673 the following new section: 674. Temporary administrative reassignment or removal of a member on active duty accused of committing a sexual assault or related offense (a) Guidance for timely consideration and action The Secretary concerned may provide guidance, within guidelines provided by the Secretary of Defense, for commanders regarding their authority to make a timely determination, and to take action, regarding whether a member of the armed forces serving on active duty who is alleged to have committed a sexual assault or other sex-related offense covered by section 920, 920a, 920b, or 920c of this title (article 120, 120a, 120b, or 120c of the Uniform Code of Military Justice) should be temporarily reassigned or removed from a position of authority or assignment, not as a punitive measure, but solely for the purpose of maintaining good order and discipline within the member’s unit. (b) Time for determinations A determination described in subsection (a) may be made at any time after receipt of notification of an unrestricted report of a sexual assault or other sex-related offense that identifies the member as an alleged perpetrator. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 673 the following new item: 674. Temporary administrative reassignment or removal of a member on active duty accused of committing a sexual assault or related offense. . (c) Additional training requirement for commanders The Secretary of Defense shall provide for inclusion of information and discussion regarding the availability and use of the authority provided by section 674 of title 10, United States Code, as added by subsection (a), as part of the training for new and prospective commanders at all levels of command required by section 585(b) of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 10 U.S.C. 1561 note). 6. Victims’ Counsel for victims of sex-related offenses committed by members of the Armed Forces and related provisions (a) Designation and duties (1) In general Chapter 53 of title 10, United States Code, is amended by inserting after section 1044d the following new section: 1044e. Victims' Counsel for victims of sex-related offenses committed by members of the armed forces (a) Designation; purposes Under regulations prescribed by the Secretary of Defense, the Secretary concerned shall designate legal counsel (to be known as Victims’ Counsel ) for the purpose of providing legal assistance to any member of the armed forces, any dependent of a member, or any other individual eligible for military legal assistance under section 1044 of this title, who is the victim of a sex-related offense, regardless of whether the allegation is restricted or unrestricted. (b) Types of legal assistance The types of legal assistance contemplated by this subsection may include the following: (1) Legal consultation regarding potential criminal liability of the victim stemming from or in relation to the circumstances surrounding the alleged sex-related offense and the victim’s right to seek military defense services. (2) Legal consultation regarding the Victim Witness Assistance Program (VWAP), including— (A) the rights and benefits afforded the victim; (B) the role of the Victim/Witness Advocate or Liaison and what privileges do or do not exist between the victim and the Advocate or Liaison; and (C) the nature of communication made to the Victim/Witness Advocate or Liaison as opposed to communication made to the Legal Assistance Attorney. (3) Legal consultation regarding the potential for civil litigation against other parties (other than the Department of Defense). (4) Legal consultation regarding any proceedings of the military justice process that the victim may observe. (5) Legal consultation regarding the military justice system, including— (A) the roles and responsibilities of the trial counsel, the defense counsel, and investigators; (B) any proceedings of the military justice process in which the victim may observe or participate as a witness or other party; (C) the Government’s authority to compel cooperation and testimony; and (D) the victim’s responsibility to testify, and other duties to the court. (6) Accompanying the victim at any proceedings in connection with the reporting, military investigation, and military prosecution of the alleged sex-related offense. (7) Legal consultation regarding— (A) services available from appropriate agencies or offices for emotional and mental health counseling and other medical services; (B) eligibility for and requirements for obtaining any available military and veteran benefits, such as transitional compensation benefits found in section 1059 of this title and other State and Federal victims’ compensation programs; and (C) the availability of, and any protections offered by, civilian and military restraining orders. (8) Legal consultation and assistance in personal civil legal matters in accordance with section 1044 of this title. (9) Such other legal assistance as the Secretary concerned may specify under this subsection. (c) Qualifications An individual may not be designated as a Victims’ Counsel under this section unless the individual is— (1) a judge advocate or a civilian attorney serving as a legal assistance attorney who is a graduate of an accredited law school and is a member of the bar of a Federal court or of the highest court of a State; and (2) is certified as competent to be designated as a Victims’ Counsel by the Judge Advocate General of the Armed Force of which the individual is a member. (d) Administrative responsibility Under such regulations as may be prescribed by the Secretary concerned, the Judge Advocate General (as defined in section 801(1) of this title) under the jurisdiction of the Secretary, and within the Marine Corps the Staff Judge Advocate to the Commandant of the Marine Corps, is responsible for the establishment and supervision of individuals designated as Victims’ Counsel. (e) Sex-Related offense defined In this subsection, a sex-related offense includes— (1) any offense covered by section 920, 920a, 920b, 920c, or 925 (article 120, 120a, 120b, 120c, or 125 of the Uniform Code of Military Justice); or (2) an attempt to commit an offense specified in a paragraph (1) as punishable under section 880 of this title (article 80 of the Uniform Code of Military Justice). (f) Availability of victims’ counsel A member of the armed forces, or a dependent of a member, or any other individual eligible for military legal assistance under section 1044 of this title, who is the victim of an alleged sex-related offense shall be provided assistance by a Victims’ Counsel upon report of an allegation of a sex-related offense or at the time the victim seeks assistance from a Sexual Assault Response Coordinator, a Sexual Assault Victim Advocate, a military criminal investigator, a victim/witness liaison, a trial counsel, a healthcare provider, or any other personnel designated by the Secretary concerned for purposes of this subsection. The assistance of a Victims’ Counsel under this subsection shall be available to a member or a dependent regardless of whether the member or dependent elects unrestricted or restricted reporting of the sex-related offense. The member or dependent shall also be informed that the assistance of the Victims’ Counsel is an option and may be declined, in whole or in part, at any time. . (2) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1044d the following new item: 1044e. Victims' Counsel for victims of sexual assault-related offenses committed by members of the armed forces. . (3) Conforming amendment Section 1044(d)(2)(B) of this title is amended by striking and 1044d and inserting 1044d, and 1044e . (b) Enhanced Training Requirement The Secretary of each military department, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Department of the Navy, shall implement, within the guidelines provided by the Secretary of Defense, in-depth and advanced training for all military and civilian attorneys assigned under section 1044 or 1044e of title 10, United States Code, to provide legal assistance to victims of sex-related offenses. (c) Secretary of Defense reporting requirement (1) Report required Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of Homeland Security with respect to the Coast Guard, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report outlining how the Armed Forces have implemented the requirements of section 1044e of title 10, United States Code, as added by subsection (a). (2) Additional submission requirement The report required by paragraph (1) shall also be submitted to the Independent Review Panels established by section 576 of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ; 126 Stat. 1758), and the Joint Services Committee on Military Justice. (d) Additional duties for independent review panel The Independent Review Panel established by section 576(a)(1) of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ; 126 Stat. 1758) shall include as part of its duties the following: (1) An assessment of the roles, responsibilities, and authorities of the Victims’ Counsel to provide legal assistance to victims of sex-related offenses under section 1044e of title 10, United States Code, as added by subsection (a). (2) An assessment of whether the roles, responsibilities, and authorities of the Victims’ Counsel to provide legal assistance to victims of sex-related offenses under such section should be expanded to include legal standing to represent the alleged victim during investigative and military justice proceedings in connection with the prosecution of a sex-related offense. 7. Secretary of Defense report on sentencing reform (a) Reports required Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on sentencing guidelines and mandatory minimum sentencing provisions under the Uniform Code of Military Justice. (b) Contents of report The report required by subsection (a) shall include the following: (1) An assessment of the effects of mandatory minimum sentencing provisions under the Uniform Code of Military Justice on the goal of eliminating unwarranted sentencing disparity and other goals of sentencing. (2) An assessment of the penalties imposed by the current mandatory minimum sentences in relation to the offenses for which imposed under the Uniform Code of Military Justice. (3) A description of the interaction between mandatory minimum sentencing provisions under the Uniform Code of Military Justice and plea agreements. (4) An assessment of the appropriateness of statutorily mandated minimum sentencing provisions for additional serious offenses under the Uniform Code of Military Justice. (5) An assessment of the advisory sentencing guidelines used in civilian courts and whether it would be advisable to promulgate sentencing guidelines for use in courts-martial. (6) Any other information that the Secretary of Defense determines would contribute to a thorough assessment of sentencing guidelines and mandatory minimum sentencing provisions under the Uniform Code of Military Law. 8. Secretary of Defense report on role of commanders in military justice process Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing an assessment of the current role of commanders in the administration of military justice and the investigation, prosecution, and adjudication of offenses under the Uniform Code of Military Justice. Specifically, the Secretary of Defense shall assess the post-trial authority of a commander under section 860 of title 10, United States Code (article 60 of the Uniform Code of Military Justice), as amended by section 2, and include in the report a recommendation regarding whether this authority should be further modified or repealed. | https://www.govinfo.gov/content/pkg/BILLS-113hr1867ih/xml/BILLS-113hr1867ih.xml |
113-hr-1868 | I 113th CONGRESS 1st Session H. R. 1868 IN THE HOUSE OF REPRESENTATIVES May 8, 2013 Mrs. Black (for herself, Mr. Ryan of Wisconsin , Mrs. Blackburn , Mr. Mulvaney , Mr. Ribble , Mr. Rokita , and Mr. Young of Florida ) 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 amend the Congressional Budget Act of 1974 to establish joint resolutions on the budget, and for other purposes.
1. Short title This Act may be cited as the Legally Binding Budget Act of 2013 . 2. Definitions Section 3 of the Congressional Budget Act of 1974 is amended by striking paragraph (4) and inserting the following new paragraph: (4) The term joint resolution on the budget means— (A) a joint resolution setting forth the budget for the United States Government for a fiscal year as provided in section 301; and (B) any other joint resolution revising the budget for the United States Government for a fiscal year as described in section 304. . 3. Revision of timetable Section 300 of the Congressional Budget Act of 1974 ( 2 U.S.C. 631 ) is amended to read as follows: 300. Timetable The timetable with respect to the congressional budget process for any Congress (beginning with the One Hundred Fourteenth) is as follows: On or before: Action to be completed: First Monday in February President submits budget recommendations. February 15 Congressional Budget Office submits report to Budget Committees. Not later than 6 weeks after budget submission Committees submit views and estimates to Budget Committees. April 1 Budget Committees report joint resolution on the budget. April 15 Congress completes action on joint resolution on the budget. May 15 Appropriation bills may be considered in the House of Representatives. June 10 House Appropriations Committee reports last appropriation bill. June 30 House completes action on appropriation bills. October 1 Fiscal year begins. . 4. Amendments to sections 301 and 303 and technical and conforming amendments (a) In general Section 303 of the Congressional Budget Act of 1974 is amended— (1) by striking (a) In General .— , by striking has been agreed to and inserting takes effect , and by striking subsections (b) and (c); and (2) by striking its section heading and inserting the following new section heading: Consideration of budget-related legislation before budget becomes law . (b) Technical amendment Section 301(a)(5) of the Congressional Budget Act of 1974 is amended by inserting for display purposes only, before the public debt . (c) Conforming amendment The item relating to section 303 in the table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended to read as follows: Sec. 303. Consideration of budget-related legislation before budget becomes law. . 5. Permissible revisions of budget resolutions Section 304 of the Congressional Budget Act of 1974 is amended to read as follows: 304. Permissible revisions of budget resolutions At any time after the joint resolution on the budget for a fiscal year has been enacted pursuant to section 301, and before the end of such fiscal year, the two Houses and the President may enact a joint resolution on the budget which revises or reaffirms the joint resolution on the budget for such fiscal year most recently enacted, and for purposes of the enforcement of the Congressional Budget Act of 1974, the chairman of the Budget Committee of the House of Representatives or the Senate, as applicable, may adjust levels as needed for the enforcement of the budget resolution. . 6. Limitation on the content of budget resolutions Section 305 of the Congressional Budget Act of 1974 is amended by adding at the end the following new subsection: (e) Limitation on Contents (1) It shall not be in order in the House of Representatives or in the Senate to consider any joint resolution on the budget or any amendment thereto or conference report thereon that contains any matter referred to in paragraph (2). (2) Any joint resolution on the budget or any amendment thereto or conference report thereon that contains any matter not permitted in section 301 (a) or (b) shall not be treated in the House of Representatives or the Senate as a budget resolution under subsection (a) or (b) or as a conference report on a budget resolution under subsection (c) of this section. . 7. Deeming of budgetary aggregates, allocations, and reconciliation instructions in the House and Senate upon veto of joint resolution on the budget (a) In general Title III of the Congressional Budget Act of 1974 is amended by adding after section 315 the following new section: 316. Automatic standing order upon veto of joint resolution on the budget For purposes of congressional enforcement under title III and IV of this Act and the rules of the House and the Senate, the joint resolution shall be considered as enforceable upon enactment or 15 days following presentment to the President, whichever occurs earlier. . (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. Automatic standing order upon veto of joint resolution on the budget. . 8. Additional amendments to the Congressional Budget Act of 1974 to effectuate joint resolutions on the budget (a) Additional amendments to the Congressional Budget and Impoundment Control Act of 1974 (1) (A) Sections 301, 302, 303, 304, 305, 308, 310, 311, 312, 314, 405, and 904 of the Congressional Budget Act of 1974 ( 2 U.S.C. 621 et seq. ) are amended by striking concurrent each place it appears and inserting joint . (B) (i) Sections 302(d), 302(g), 308(a)(1)(A), and 310(d)(1) of the Congressional Budget Act of 1974 are amended by striking most recently agreed to concurrent resolution on the budget each place it occurs and inserting most recently enacted joint resolution on the budget . (ii) The section heading of section 301 of such Act is amended by striking annual adoption of concurrent resolution and inserting joint resolutions . (C) Sections 302, 303, 304, 310, and 311 of the Congressional Budget Act of 1974 are amended by striking agreed to each place it appears and by inserting enacted . (2) The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended— (A) in the item relating to section 301, by striking Annual adoption of concurrent resolution and inserting Joint resolutions ; and (B) by striking concurrent and inserting joint in the item relating to section 305. (b) Conforming amendment Any side heading within any section of title III of the Congressional Budget and Impoundment Control Act of 1974 is amended by striking Concurrent and inserting Joint and any center heading in any section of that title is amended by striking concurrent and inserting joint . 9. Amendments to the Rules of the House of Representatives to effectuate joint budget resolutions Clauses 1(d)(1), 4(a)(4), 4(b)(2), 4(f)(1)(A), and 4(f)(2) of rule X, clause 10 of rule XVIII, clause 10 of rule XX, and clauses 7 and 10 of rule XXI of the Rules of the House of Representatives are amended by striking concurrent each place it appears and inserting joint . 10. Conforming amendments to the Balanced Budget and Emergency Deficit Control Act of 1985 Section 258C(b)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 907d(b)(1) ) is amended by striking concurrent and inserting joint . | https://www.govinfo.gov/content/pkg/BILLS-113hr1868ih/xml/BILLS-113hr1868ih.xml |
113-hr-1869 | I 113th CONGRESS 1st Session H. R. 1869 IN THE HOUSE OF REPRESENTATIVES May 8, 2013 Mr. Ribble (for himself, Mr. Ryan of Wisconsin , Mr. Pocan , Mr. Rokita , Mr. Schrader , and Mr. Duffy ) introduced the following bill; which was referred to the Committee on the Budget , and in addition to the Committees on Rules and Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish biennial budgets for the United States Government.
1. Short title This Act may be cited as the Biennial Budgeting and Enhanced Oversight Act of 2013 . I Congressional budget process 101. Purposes Paragraphs (1) and (2) of section 2 of the Congressional Budget and Impoundment Control Act of 1974 are amended to read as follows: (1) to assure effective control over the budgetary process; (2) to facilitate the determination biennially of the appropriate level of Federal revenues and expenditures by the Congress and the President; . 102. Definitions Section 3 of the Congressional Budget Act of 1974 is amended by adding at the end the following new paragraphs: (12) The term direct spending has the meaning given to such term in section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985. (13) The term biennium means the period of 2 consecutive fiscal years beginning on October 1 of any odd-numbered year. . 103. Revision of timetable Section 300 of the Congressional Budget Act of 1974 ( 2 U.S.C. 631 ) is amended to read as follows: 300. Timetable The timetable with respect to the congressional budget process for any Congress (beginning with the One Hundred Fourteenth Congress) is as follows: First Session On or before: Action to be completed: First Monday in February President submits budget recommendations. February 15 Congressional Budget Office submits report to Budget Committees. Not later than 6 weeks after budget submission Committees submit views and estimates to Budget Committees. April 1 Budget Committees report concurrent resolution on the biennial budget. April 15 Congress completes action on concurrent resolution on the biennial budget. May 15 Biennial appropriation bills may be considered in the House of Representatives. June 10 House Appropriations Committee reports last biennial appropriation bill. June 15 Congress completes action on reconciliation legislation. June 30 House completes action on biennial appropriation bills. October 1 Biennium begins. Second Session On or before: Action to be completed: First Monday in February President submits budget review. Not later than 6 weeks after President submits budget review Congressional Budget Office submits report to Budget Committees. . 104. Biennial concurrent resolutions on the budget (a) Contents of resolution Section 301(a) of the Congressional Budget Act of 1974 ( 2 U.S.C. 632(a) ) is amended— (1) in the matter preceding paragraph (1), by— (A) striking April 15 of each year and inserting April 15 of each odd-numbered year ; (B) striking the fiscal year beginning on October 1 of such year the first place it appears and inserting the biennium beginning on October 1 of such year ; (C) striking the fiscal year beginning on October 1 of such year the second place it appears and inserting each fiscal year in such period ; and (D) striking each of the four ensuing fiscal years and inserting each fiscal year in the next 2 bienniums ; (2) by striking paragraph (4) and inserting the following: (4) subtotals of new budget authority and outlays for nondefense discretionary spending, defense discretionary spending, Medicare, Medicaid and other health-related spending, other direct spending (excluding interest), and net interest; ; (3) in paragraph (6), by striking for the fiscal year and inserting for each fiscal year in the biennium ; and (4) in paragraph (7), by striking for the fiscal year and inserting for each fiscal year in the biennium . (b) Additional Matters in concurrent resolution Section 301(b) of the Congressional Budget Act of 1974 is amended— (1) by striking paragraph (1), and by striking paragraphs (6) through (9); (2) by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (1), (2), (3), and (4), respectively; (3) in paragraph (2), as redesignated, by striking for such fiscal year and inserting for either fiscal year in such biennium ; and (4) by striking paragraph (3), as redesignated, and inserting the following: (3) set forth such other matters, and require such other procedures, relating to the budget as may be appropriate to carry out the purposes of the Act, but shall not include a suspension or alteration of the application of the motion to strike a provision as set forth in section 310(d)(2) or (h)(2)(F). . (c) Views of other committees Section 301(d) of the Congressional Budget Act of 1974 ( 2 U.S.C. 632(d) ) is amended by adding at the end the following new sentences: Each committee of the Senate or the House of Representatives shall review the strategic plans, performance plans, and performance reports required under section 306 of title 5, United States Code, and sections 1115 and 1116 of title 31, United States Code, of all agencies under the jurisdiction of the committee. Each committee may provide its views on such plans or reports to the Committee on the Budget of the applicable House. . (d) Hearings and report Section 301(e) of the Congressional Budget Act of 1974 ( 2 U.S.C. 632(e) ) is amended— (1) in paragraph (1)— (A) by striking fiscal year and inserting biennium ; and (B) by inserting after the second sentence the following: On or before April 1 of each odd-numbered year, the Committee on the Budget of each House shall report to its House the concurrent resolution on the budget referred to in subsection (a) for the biennium beginning on October 1 of that year. ; (2) in paragraph (2)— (A) by redesignating subparagraphs (A), (B), (C), (D), (E), and (F) as subparagraphs (B), (C), (E), (F), (H), and (I), respectively; (B) before subparagraph (B) (as redesignated), by inserting the following new subparagraph: (A) new budget authority and outlays for each major functional category, based on allocations of the total levels set forth pursuant to subsection (a)(1); ; (C) in subparagraph (C) (as redesignated), by striking mandatory and inserting direct spending ; (D) after subparagraph (C) (as redesignated), by inserting the following new subparagraph: (D) total outlays, total Federal revenues, the surplus or deficit, and new budget authority and outlays for nondefense discretionary spending, defense discretionary spending, Medicare, Medicaid and other health-related spending, other direct spending (excluding interest), social security and other major functional categories, as appropriate, and net interest as set forth in such resolution as a percentage of the gross domestic product of the United States; ; and (E) after subparagraph (F) (as redesignated), by inserting the following new subparagraph: (G) if the concurrent resolution on the budget includes any allocation to a committee other than the Committee on Appropriations of levels in excess of current law levels, a justification for not subjecting any program, project, or activity (for which the allocation is made) to annual discretionary appropriations; ; and (3) in paragraph (3)— (A) (i) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; (ii) by striking subparagraphs (C) and (D); (iii) by redesignating subparagraph (E) as subparagraph (D); and (iv) by striking the period and the end of subparagraph (D), as redesignated, and inserting ; and ; (B) before subparagraph (B), by inserting the following new subparagraph: (A) new budget authority and outlays for each major functional category, based on allocations of the total levels set forth pursuant to subsection (a)(1); ; and (C) at the end, by adding the following new subparagraph: (E) set forth, if required by subsection (f), the calendar year in which, in the opinion of the Congress, the goals for reducing unemployment set forth in section 4(b) of the Employment Act of 1946 should be achieved. . (e) Goals for reducing unemployment Section 301(f) of the Congressional Budget Act of 1974 ( 2 U.S.C. 632(f) ) is amended by striking fiscal year each place it appears and inserting biennium . (f) Economic assumptions Section 301(g)(1) of the Congressional Budget Act of 1974 ( 2 U.S.C. 632(g)(1) ) is amended by striking for a fiscal year and inserting for a biennium . (g) Section heading The section heading of section 301 of the Congressional Budget Act of 1974 is amended by striking annual and inserting biennial . (h) Table of contents The item relating to section 301 in the table of contents set forth in section 1(b) of the Congressional Budget Act of 1974 is amended by striking Annual and inserting Biennial . 105. Committee allocations Section 302 of the Congressional Budget Act of 1974 ( 2 U.S.C. 633 ) is amended— (1) in subsection (a)(1) by— (A) striking for the first fiscal year of the resolution, and inserting for each fiscal year in the biennium, ; (B) striking for that period of fiscal years and inserting for all fiscal years covered by the resolution ; and (C) striking for the fiscal year of that resolution and inserting for each fiscal year in the biennium ; (2) in the first sentence of subsection (b), by striking subsection (a) and inserting subsection (a)(1) ; (3) in subsection (f)(1)— (A) by striking for a fiscal year and inserting for a biennium ; (B) by striking first fiscal year and inserting either fiscal year of the biennium ; and (C) in subparagraph (A), by striking as reported ; (4) in subsection (f)(2)(A), by— (A) striking first fiscal year and inserting each fiscal year of the biennium ; and (B) striking the total of fiscal years and inserting the total of all fiscal years covered by the resolution ; and (5) by striking subsection (g). 106. Multiyear authorizations of appropriations (a) In general Title III of the Congressional Budget Act of 1974 is amended by adding after section 315 the following new section: 316. Multiyear authorizations of appropriations (a) It shall not be in order in the House of Representatives or the Senate to consider any measure that contains an authorization of appropriations for any purpose unless the measure includes such an authorization of appropriations for that purpose for not less than each fiscal year in one or more bienniums. (b) (1) For purposes of this section, an authorization of appropriations is an authorization for the enactment of an amount of appropriations or amounts not to exceed an amount of appropriations (whether stated as a sum certain, as a limit, or as such sums as may be necessary) for any purpose for a fiscal year. (2) Subsection (a) does not apply with respect to an authorization of appropriations for a single fiscal year for any program, project, or activity if the measure containing that authorization includes a provision expressly stating the following: Congress finds that no authorization of appropriation will be required for [Insert name of applicable program, project, or activity] for any subsequent fiscal year. . (c) For purposes of this section, the term measure means a bill, joint resolution, amendment, motion, or conference report. . (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. Multiyear authorizations of appropriations. . 107. Additional amendments to the Congressional Budget Act of 1974 to effectuate biennial budgeting (a) Definitions Section 3 of the Congressional Budget and Impoundment Control Act of 1974 is amended by adding at the end the following new paragraphs: (12) The term Medicare means programs within budget function 570. (13) The term Medicaid and other health-related spending means programs within budget function 550. (14) The term other direct spending means programs other than those within budget functions 550 and 570, excluding Social Security and net interest. . (b) Completion of House Committee action on appropriation bills Section 307 of the Congressional Budget Act of 1974 ( 2 U.S.C. 638 ) is amended— (1) by striking each year and inserting each odd-numbered year ; (2) by striking annual and inserting biennial ; (3) by striking fiscal year and inserting biennium ; and (4) by striking that year and inserting each odd-numbered year . (c) Completion of House action on regular appropriation bills Section 309 of the Congressional Budget Act of 1974 ( 2 U.S.C. 640 ) is amended— (1) by inserting of any odd-numbered calendar year after July ; (2) by striking annual and inserting biennial ; and (3) by striking fiscal year and inserting biennium . (d) Reconciliation process Section 310 of the Congressional Budget Act of 1974 (2 U.S.C. 641) is amended— (1) in subsection (a), in the matter preceding paragraph (1), by striking any fiscal year and inserting any biennium ; (2) in subsection (a)(1), by striking such fiscal year each place it appears and inserting any fiscal year covered by such resolution ; and (3) by striking subsection (f) and redesignating subsection (g) as subsection (f). (e) Section 311 Point of order (1) In the House of Representatives Section 311(a)(1) of the Congressional Budget Act of 1974 ( 2 U.S.C. 642(a) ) is amended— (A) by striking for a fiscal year and inserting for a biennium ; (B) by striking the first fiscal year each place it appears and inserting either fiscal year of the biennium ; and (C) by striking that first fiscal year and inserting each fiscal year in the biennium . (2) In the Senate Section 311(a)(2) of the Congressional Budget Act of 1974 is amended— (A) in subparagraph (A), by striking for the first fiscal year and inserting for either fiscal year of the biennium ; and (B) in subparagraph (B)— (i) by striking that first fiscal year the first place it appears and inserting each fiscal year in the biennium ; and (ii) by striking that first fiscal year and the ensuing fiscal years and inserting all fiscal years . (3) Social security levels Section 311(a)(3) of the Congressional Budget Act of 1974 is amended by— (A) striking for the first fiscal year and inserting each fiscal year in the biennium ; and (B) striking that fiscal year and the ensuing fiscal years and inserting all fiscal years . (4) Exception Section 311(c) of the Congressional Budget Act of 1974 is amended by inserting with respect to new budget authority or outlays after shall not apply . (f) Maximum deficit amount point of order Section 312(c) of the Congressional Budget Act of 1974 ( 2 U.S.C. 643 ) is amended— (1) by striking for a fiscal year and inserting for a biennium ; (2) in paragraph (1), by striking first fiscal year and inserting either fiscal year in the biennium ; (3) in paragraph (2), by striking that fiscal year and inserting either fiscal year in the biennium ; and (4) in the matter following paragraph (2), by striking that fiscal year and inserting the applicable fiscal year . II Conforming amendments to the Rules of the House of Representatives, the Balanced Budget and Emergency Deficit Control Act of 1985, and the Congressional Budget Act of 1974 201. Amendments to the Rules of the House of Representatives to effectuate biennial budgeting (a) Clause 2(a) of rule XXI of the Rules of the House of Representatives is amended by adding at the end the following new subparagraph: (3) (A) Except as provided by subdivision (B), an appropriation may not be reported in a general appropriation bill (other than a supplemental appropriation bill), and may not be in order as an amendment thereto, unless it provides new budget authority or establishes a level of obligations under contract authority for each fiscal year of a biennium. (B) Subdivision (A) does not apply with respect to an appropriation for a single fiscal year for any program, project, or activity if the bill or amendment thereto containing that appropriation includes a provision expressly stating the following: Congress finds that no additional funding beyond one fiscal year will be required and the [Insert name of applicable program, project, or activity] will be completed or terminated after the amount provided has been expended. . (C) For purposes of paragraph (b), the statement set forth in subdivision (B) with respect to an appropriation for a single fiscal year for any program, project, or activity may be included in a general appropriation bill or amendment thereto. . (b) Clause 4(a)(1)(A) of rule X of the Rules of the House of Representatives is amended by inserting odd-numbered after each . (c) Clause 4(a)(4) of rule X of the Rules of the House of Representatives is amended by striking fiscal year and inserting biennium . (d) Clause 4(b)(2) of rule X of the Rules of the House of Representatives is amended by striking each fiscal year and inserting the biennium . (e) Clause 4(b) of rule X of the Rules of the House of Representatives is amended by striking and at the end of subparagraph (5), by striking the period and inserting ; and at the end of subparagraph (6), and by adding at the end the following new subparagraph: (7) use the second session of each Congress to study issues with long-term budgetary and economic implications. . (f) Clause 4(e) of rule X of the Rules of the House of Representatives is amended by striking annually each place it appears and inserting biennially and by striking annual and inserting biennial . (g) Clause 4(f) of rule X of the Rules of the House of Representatives is amended— (1) by inserting during each odd-numbered year after the submission of the budget by the President ; (2) by striking fiscal year the first place it appears and inserting biennium ; and (3) by striking that fiscal year and inserting each fiscal year in such ensuing biennium . (h) Clause 5(b)(1) of rule XXII of the House of Representatives is amended by striking or (c) and inserting or (3) or 2(c) . (i) Clause 11(i) of rule X of the Rules of the House of Representatives is amended by striking during the same or preceding fiscal year . (j) Clause 3(d)(2)(A) of rule XIII of the Rules of the House of Representatives is amended by striking five both places it appears and inserting six . (k) Clause 5(a)(1) of rule XIII of the Rules of the House of Representatives is amended by striking fiscal year after September 15 in the preceding fiscal year and inserting biennium after September 15 of the calendar year in which such biennium begins . 202. Conforming amendments to the Congressional Budget Act of 1974 (a) Section 202( e ) Section 202(e)(1)(C) of the Congressional Budget Act of 1974 is amended by striking (b)(2)(A) and for excise taxes assumed to be extended under section 257(b)(2)(C) . (b) Section 302( a )(1) Section 302(a)(1) of the Congressional Budget Act of 1974 is amended by striking (except in the case of the Committee on Appropriations only for the fiscal year of that resolution) . (c) Section 302( f )(1) Section 302(f)(1) of the Congressional Budget Act of 1974 is amended by inserting or outlays after new budget authority . (d) Section 308( a ) Section 308(a)(3)(C) of the Congressional Budget Act of 1974 is repealed. (e) Section 308( d ) Section 308(d) of the Congressional Budget Act of 1974 is amended by striking 252(d)(5) and inserting 252(c) . III Conforming amendments to titles 1, 5, 31, and 39, United States Code 301. Two-year appropriations; title and style of appropriation Acts Section 105 of title 1, United States Code, is amended to read as follows: 105. Title and style of appropriation Acts (a) The style and title of all Acts making appropriations for the support of the Government shall be as follows: An Act making appropriations [here insert the object] for each fiscal year in the biennium of fiscal years [here insert the fiscal years of the biennium]. . (b) All Acts making regular appropriations for the support of the Government shall be enacted for a biennium and shall specify the amount of appropriations provided for each fiscal year in such period. (c) For purposes of this section, the term biennium has the same meaning as in section 3(13) of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 622(13)). . 302. Amendments to title 31 , United States Code (a) Definition Section 1101 of title 31, United States Code, is amended by adding at the end the following new paragraph: (3) biennium has the meaning given to such term in paragraph (13) of section 3 of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 622(12)). . (b) Budget contents and submission to the Congress (1) Schedule The matter preceding paragraph (1) in section 1105(a) of title 31, United States Code, is amended to read as follows: (a) On or before the first Tuesday in February of each odd-numbered year, beginning with the One Hundred Fourteenth Congress, the President shall transmit to the Congress the budget for the biennium beginning on October 1 of such calendar year. The budget transmitted under this subsection shall include a budget message and summary and supporting information. The President shall include in each budget submission the following: . (2) Expenditures Section 1105(a)(5) of title 31, United States Code, is amended by striking the fiscal year for which the budget is submitted and the 4 fiscal years after that year and inserting each fiscal year in the biennium for which the budget is submitted and in the succeeding 4 years . (3) Receipts Section 1105(a)(6) of title 31, United States Code, is amended by striking the fiscal year for which the budget is submitted and the 4 fiscal years after that year and inserting each fiscal year in the biennium for which the budget is submitted and in the succeeding 4 years . (4) Balance statements Section 1105(a)(9)(C) of title 31, United States Code, is amended by striking the fiscal year and inserting each fiscal year in the biennium . (5) Government functions and activities Section 1105(a)(12) of title 31, United States Code, is amended in subparagraph (A), by striking the fiscal year and inserting each fiscal year in the biennium . (6) Allowances Section 1105(a)(13) of title 31, United States Code, is amended by striking the fiscal year and inserting each fiscal year in the biennium . (7) Allowances for unanticipated and uncontrollable expenditures Section 1105(a)(14) of title 31, United States Code, is amended by striking that year and inserting each fiscal year in the biennium for which the budget is submitted . (8) Tax expenditures Section 1105(a)(16) of title 31, United States Code, is amended by striking the fiscal year and inserting each fiscal year in the biennium . (9) Estimates for future years Section 1105(a)(17) of title 31, United States Code, is amended— (A) by striking the fiscal year following the fiscal year and inserting each fiscal year in the biennium following the biennium ; (B) by striking that following fiscal year and inserting each such fiscal year ; and (C) by striking fiscal year before the fiscal year and inserting biennium before the biennium . (10) Prior year outlays Section 1105(a)(18) of title 31, United States Code, is amended— (A) by striking the prior fiscal year and inserting each of the 2 most recently completed fiscal years, ; (B) by striking for that year and inserting with respect to those fiscal years ; and (C) by striking in that year and inserting in those fiscal years . (11) Budget contents and submission to Congress Section 1105(a)(28) of title 31, United States Code, is amended by striking beginning with fiscal year 1999, a and inserting beginning with fiscal year 2016, a biennial . (12) Information supporting biennial budgets Section 1105(a) of title 31, United States Code, is amended by redesignating the second paragraph (37) as paragraph (39) and by adding at the end the following new paragraphs: (40) Totals of new budget authority and outlays. (41) Total Federal revenues and the amount, if any, by which the aggregate level of Federal revenues should be increased or decreased by bills and resolutions to be reported by the appropriate committees. (42) The surplus or deficit in the budget. (43) Subtotals of new budget authority and outlays for nondefense discretionary spending, defense discretionary spending, direct spending (excluding interest), contingencies, and net interest. (44) The public debt. . (c) Estimated expenditures of legislative and judicial branches Section 1105(b) of title 31, United States Code, is amended by striking each year and inserting each even-numbered year . (d) Recommendations To meet estimated deficiencies Section 1105(c) of title 31, United States Code, is amended— (1) by striking the fiscal year for the first place it appears and inserting each fiscal year in the biennium for ; (2) by striking the fiscal year for the second place it appears and inserting each fiscal year of the biennium, as the case may be, ; and (3) by striking that year and inserting for each year of the biennium . (e) Additional outyear data Section 1105(d) of title 31, United States Code, is amended by inserting (1) after (d) and by adding at the end the following new paragraph: (2) Each budget submission shall include a budget message and summary and supporting information and, as a separately delineated statement, the levels requires in paragraphs (40) through (44) of subsection (a) for at least each of the 4 ensuing fiscal years after the biennium covered by the budget submission under such subsection. . (f) Capital investment analysis Section 1105(e)(1) of title 31, United States Code, is amended by striking ensuing fiscal year and inserting biennium to which such budget relates . (g) Supplemental budget estimates and changes (1) In general Section 1106(a) of title 31, United States Code, is amended— (A) in the matter preceding paragraph (1), by— (i) inserting and before February 1 of each even-numbered year after Before July 16 of each year ; and (ii) striking fiscal year and inserting biennium ; (B) in paragraph (1), by striking that fiscal year and inserting each fiscal year in such biennium ; (C) in paragraph (2), by striking 4 fiscal years following the fiscal year and inserting at least 4 fiscal years following the biennium ; and (D) in paragraph (3), by striking fiscal year and inserting biennium . (2) Changes Section 1106(b) of title 31, United States Code, is amended by— (A) striking the fiscal year and inserting each fiscal year in the biennium ; and (B) inserting and before February 15 of each even-numbered year after Before July 16 of each year . (h) Current programs, projects, and activities estimates (1) The President Section 1109(a) of title 31, United States Code, is amended— (A) by striking On or before the first Monday after January 3 of each year (on or before February 5 in 1986) and inserting At the same time the budget required by section 1105 is submitted for a biennium ; and (B) by striking the following fiscal year and inserting each fiscal year of such period . (2) Joint economic committee Section 1109(b) of title 31, United States Code, is amended by striking March 1 of each year and inserting within 6 weeks of the President’s budget submission for each odd-numbered year . (i) Year-Ahead requests for authorizing legislation Section 1110 of title 31, United States Code, is amended by— (1) striking May 16 and inserting March 31 ; and (2) striking year before the year in which the fiscal year begins and inserting calendar year preceding the calendar year in which the biennium begins . (j) Performance plans Section 1115 of title 31, United States Code, is amended— (1) in subsection (a)— (A) in the matter before paragraph (1) by striking an annual and inserting a biennial ; (B) in paragraph (1) by inserting after program activity the following: for both years 1 and 2 of the biennial plan ; (C) in paragraph (5) by striking and after the semicolon; (D) in paragraph (6) by striking the period and inserting a semicolon; and inserting and after the inserted semicolon; and (E) by adding after paragraph (6) the following: (7) cover each fiscal year of the biennium beginning with the first fiscal year of the next biennial budget cycle. ; (2) in subsection (d) by striking annual and inserting biennial ; and (3) in paragraph (6) of subsection (f) by striking annual and inserting biennial . (k) Pilot projects for performance budgeting Section 1119 of title 31, United States Code, is amended— (1) in paragraph (1) of subsection (d), by striking annual and inserting biennial ; and (2) in subsection (e), by striking annual and inserting biennial . (l) Managerial accountability and flexibility Section 9703 of title 31, United States Code, relating to managerial accountability, is amended— (1) in subsection (a)— (A) in the first sentence by striking Beginning with fiscal year 1999, the and inserting Beginning with fiscal year 2016, the biennial and by striking annual ; and (B) by striking section 1105(a)(29) and inserting section 1105(a)(28) ; and (2) in subsection (e)— (A) in the first sentence by striking one or before years ; (B) in the second sentence by striking a subsequent year and inserting for a subsequent 2-year period ; and (C) in the third sentence by striking three and inserting four . 303. Government strategic and performance plans on a biennial basis (a) Strategic plans (1) Section 306 of title 5, United States Code, is amended— (A) in subsection (a), by striking September 30, 1997 and inserting September 30, 2014 ; (B) in subsection (b)— (i) by striking at least every three years and inserting at least every 4 years ; and (ii) by striking five years forward and inserting six years forward ; and (C) in subsection (c), by inserting a comma after section the second place it appears and adding including a strategic plan submitted by September 30, 2014, meeting the requirements of subsection (a) . (2) Section 2802 of title 39, United States Code, is amended— (A) in subsection (a), by striking September 30, 1997 and inserting September 30, 2014 ; (B) in subsection (b), by— (i) striking five years forward and inserting six years forward ; and (ii) striking at least every three years and inserting at least every 4 years ; and (C) in subsection (c), by inserting , including a strategic plan submitted by September 30, 2014, meeting the requirements of subsection (a) before the period. (b) Performance plans Section 2803(a) of title 39, United States Code, is amended— (1) in the matter before paragraph (1), by striking an annual and inserting a biennial ; (2) in paragraph (1), by inserting after program activity the following: for both years 1 and 2 of the biennial plan ; (3) in paragraph (5), by striking and after the semicolon; (4) in paragraph (6), by striking the period and inserting ; and ; and (5) by adding after paragraph (6) the following: (7) cover each fiscal year of the biennium beginning with the first fiscal year of the next biennial budget cycle. . IV Effective Date 401. Effective date (a) In general Except as provided by subsection (b), the amendments made by this Act shall take effect immediately before noon January 3, 2015. (b) Exception The amendments made by section 303 shall take effect on September 30, 2014. | https://www.govinfo.gov/content/pkg/BILLS-113hr1869ih/xml/BILLS-113hr1869ih.xml |
113-hr-1870 | I 113th CONGRESS 1st Session H. R. 1870 IN THE HOUSE OF REPRESENTATIVES May 8, 2013 Mr. Ryan of Wisconsin (for himself and Mr. Van Hollen ) 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 amend the Congressional Budget and Impoundment Control Act of 1974 to provide for a legislative line-item veto to expedite consideration of rescissions, and for other purposes.
1. Short title This Act may be cited as the Expedited Legislative Line-Item Veto and Rescissions Act of 2013 . 2. Congressional consideration of proposed rescissions and deferrals of budget authority and obligation limitations Title X of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 621 et seq.) is amended by striking all of part B (except for sections 1015, 1016, and 1013, which are transferred and redesignated as sections 1017, 1018, and 1019, respectively) and part C and by inserting after part A the following: B Congressional consideration of proposed rescissions and deferrals of budget authority and obligation limitations 1011. Congressional consideration of proposed rescissions and deferrals of budget authority and obligation limitations (a) Proposed rescissions Within 10 days after the enactment of any bill or joint resolution providing any funding, the President may propose, in the manner provided in subsection (b), the rescission of all or part of any dollar amount of such funding. (b) Special message If the President proposes that Congress rescind funding, the President shall transmit a special message to Congress containing the information specified in this subsection. (1) Packaging of requested rescissions For each piece of legislation that provides funding, the President shall request at most 2 packages of rescissions and the rescissions in each package shall apply only to funding contained in that legislation. The President shall not include the same rescission in both packages. (2) Transmittal The President shall deliver each message requesting a package of rescissions to the Secretary of the Senate if the Senate is not in session and to the Clerk of the House of Representatives if the House is not in session. The President shall make a copy of the transmittal message publicly available, and shall publish in the Federal Register a notice of the message and information on how it can be obtained. (3) Contents of special message For each request to rescind funding under this part, the transmittal message shall— (A) specify— (i) the dollar amount to be rescinded; (ii) the agency, bureau, and account from which the rescission shall occur; (iii) the program, project, or activity within the account (if applicable) from which the rescission shall occur; (iv) the amount of funding, if any, that would remain for the account, program, project, or activity if the rescission request is enacted; and (v) the reasons the President requests the rescission; and (B) designate each separate rescission request by number; and include proposed legislative text of an approval bill to accomplish the requested rescissions which may not include— (i) any changes in existing law, other than the rescission of funding; or (ii) any supplemental appropriations, transfers, or reprogrammings. 1012. Grants of and limitations on presidential authority (a) Presidential authority To withhold funding Notwithstanding any other provision of law and if the President proposes a rescission of funding under this part, the President may, subject to the time limits provided in subsection (c), temporarily withhold that funding from obligation. (b) Withholding available only once per proposed rescission Except as provided in section 1019, the President may not invoke the authority to withhold funding granted by subsection (a) for any other purpose. (c) Time limits The President shall make available for obligation any funding withheld under subsection (a) on the earliest of— (1) the day on which the President determines that the continued withholding or reduction no longer advances the purpose of legislative consideration of the approval bill; (2) the 60th day following the date of enactment of the appropriations measure to which the approval bill relates; or (3) the last day that the President determines the obligation of the funding in question can no longer be fully accomplished in a prudent manner before its expiration. (d) Deficit reduction (1) In general Funds that are rescinded under this part shall be dedicated only to reducing the deficit or increasing the surplus. (2) Adjustment of levels in the concurrent resolution on the budget Not later than 3 days of session after the date of enactment of an approval bill as provided under this part, the chairs of the Committees on the Budget of the Senate and the House of Representatives shall revise allocations and aggregates and other appropriate levels under the appropriate concurrent resolution on the budget to reflect the rescissions, and the Committees on Appropriations of the House of Representatives and the Senate shall report revised suballocations pursuant to section 302(b) of title III, as appropriate. (3) Adjustments to statutory limits Not later than 3 days after enactment of an approval bill provided under this section, the President shall revise downward by the amount of the rescissions applicable limits under the Balanced Budget and Emergency Deficit Control Act of 1985. 1013. Procedures for Expedited Consideration (a) Expedited Consideration (1) Introduction of approval bill The majority leader of each House or a designee shall (by request) introduce an approval bill as defined in section 1015 not later than the third day of session of that House after the date of receipt of a special message transmitted to the Congress under section 1011(b). (2) Consideration in the house of representatives (A) Referral and reporting Any committee of the House of Representatives to which an approval bill is referred shall report it to the House without amendment not later than the third legislative day after the date of its introduction. If a committee fails to report the bill within that period or the House has adopted a concurrent resolution providing for adjournment sine die at the end of a Congress, such committee shall be automatically discharged from further consideration of the bill and it shall be placed on the appropriate calendar. (B) Proceeding to consideration Not later than 3 legislative days after the approval bill is reported or a committee has been discharged from further consideration thereof, it shall be in order to move to proceed to consider the approval bill in the House. Such a motion shall be in order only at a time designated by the Speaker in the legislative schedule within two legislative days after the day on which the proponent announces an intention to the House to offer the motion provided that such notice may not be given until the approval bill is reported or a committee has been discharged from further consideration thereof. Such a motion shall not be in order after the House has disposed of a motion to proceed with respect to that special message. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. A motion to reconsider the vote by which the motion is disposed of shall not be in order. (C) Consideration If the motion to proceed is agreed to, the House shall immediately proceed to consider the approval bill in the House without intervening motion. The approval bill shall be considered as read. All points of order against the approval bill and against its consideration are waived. The previous question shall be considered as ordered on the approval bill to its passage without intervening motion except 2 hours of debate equally divided and controlled by the proponent and an opponent and one motion to limit debate on the bill. A motion to reconsider the vote on passage of the approval bill shall not be in order. (3) Consideration in the senate (A) Committee action The appropriate committee of the Senate shall report without amendment the approval bill as defined in section 1015(2) not later than the third session day after introduction. If a committee fails to report the approval bill within that period or the Senate has adopted a concurrent resolution providing for adjournment sine die at the end of a Congress, the Committee shall be automatically discharged from further consideration of the approval bill and it shall be placed on the appropriate calendar. (B) Motion to proceed Not later than 3 session days after the approval bill is reported in the Senate or the committee has been discharged thereof, it shall be in order for any Senator to move to proceed to consider the approval bill in the Senate. The motion shall be decided without debate and the motion to reconsider shall be deemed to have been laid on the table. Such a motion shall not be in order after the Senate has disposed of a prior motion to proceed with respect to the approval bill. (C) Consideration If a motion to proceed to the consideration of the approval bill is agreed to, the Senate shall immediately proceed to consideration of the approval bill without intervening motion, order, or other business, and the approval bill shall remain the unfinished business of the Senate until disposed of. Consideration on the bill in the Senate under this subsection, and all debatable motions and appeals in connection therewith, shall not exceed 10 hours equally divided in the usual form. All points of order against the approval bill or its consideration are waived. Consideration in the Senate on any debatable motion or appeal in connection with the approval bill shall be limited to not more than 1 hour. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the approval bill is not in order. A motion to reconsider the vote by which the approval bill is agreed to or disagreed to is not in order. (4) Amendments prohibited No amendment to, or motion to strike a provision from, an approval bill considered under this section shall be in order in either the Senate or the House of Representatives. (5) Coordination with action by other house (A) In general If, before passing the approval bill, one House receives from the other a bill— (i) the approval bill of the other House shall not be referred to a committee; and (ii) the procedure in the receiving House shall be the same as if no approval bill had been received from the other House until the vote on passage, when the bill received from the other House shall supplant the approval bill of the receiving House. (B) This paragraph shall not apply to the House of Representatives. (b) Limitation Subsection (a) shall apply only to an approval bill, as such term is defined in section 1015(2), introduced pursuant to subsection (a)(1). (c) Extended time period If Congress adjourns at the end of a Congress prior to the expiration of the periods described in sections 1012(c)(2) and 1014 and an approval bill was then pending in either House of Congress or a committee thereof, or an approval bill had not yet been introduced with respect to a special message, or before the applicable 10-day period specified in section 1011(a) has expired, then within the first 3 days of session, the President shall transmit to Congress an additional special message containing all of the information in the previous, pending special message and an approval bill may be introduced within the first five days of session of the next Congress and shall be treated as an approval bill under this part, and the time periods described in sections 1012(c)(2) and 1014 shall commence on the day of introduction of that approval bill. (d) Approval bill procedure In order for an approval bill to be considered under the procedures set forth in this part, the bill must meet the definition of an approval bill and must be introduced no later than the third day of session following the beginning of the period described in section 1013(a)(1) or the fifth day in the case of subsection (c). (e) CBO Estimate Upon receipt of a special message under section 1101 proposing to rescind all or part of any funding, CBO shall prepare and submit to the appropriate committees of the House of Representatives and the Senate an estimate of the reduction in budget authority which would result from the enactment of the proposed recisions. 1014. Treatment of rescissions Rescissions proposed by the President under this part shall take effect only upon enactment of the applicable approval bill. If an approval bill is not enacted into law within 60 days from the enactment of the appropriation measure to which the approval bill relates, then the approval bill shall not be eligible for expedited consideration under the provisions of this part. 1015. Definitions As used in this part: (1) Appropriation measure The term appropriation measure means an Act referred to in section 105 of title 1, United States Code, including any general or special appropriation Act, or any Act making supplemental, deficiency, or continuing appropriations, that has been enacted into law pursuant to article I, section 7, of the Constitution of the United States. (2) Approval bill The term approval bill means a bill which only approves rescissions of funding in a special message transmitted by the President under this part and— (A) the title of which is as follows: A bill approving the proposed rescissions transmitted by the President on ___ , the blank space being filled in with the date of transmission of the relevant special message and the public law number to which the message relates; and (B) which provides only the following after the enacting clause: That the Congress approves the proposed rescissions ___ , the blank space being filled in with the list of the rescissions contained in the President’s special message, as transmitted by the President in a special message on ____ , the blank space being filled in with the appropriate date, regarding ____. , the blank space being filled in with the public law number to which the special message relates. (3) Rescind or rescission The terms rescind or rescission mean to permanently cancel or prevent budget authority or outlays available under an obligation limit from having legal force or effect. (4) Congressional Budget Office The term CBO means the Director of the Congressional Budget Office. (5) Comptroller General The term Comptroller General means the Comptroller General of the United States. (6) Deferral of budget authority The term deferral of budget authority includes— (A) withholding or delaying the obligations or expenditure of budget authority (whether by establishing reserves or otherwise) provided for projects or activities; or (B) any other type of Executive action or inaction which effectively precludes the obligation or expenditure of budget authority, including authority to obligate by contract in advance of appropriations as specifically authorized by law. (7) Funding (A) Except as provided in subparagraph (B), the term funding means all or part of the dollar amount of budget authority or obligation limit— (i) specified in an appropriation measure, or the dollar amount of budget authority or obligation limit required to be allocated by a specific proviso in an appropriation measure for which a specific dollar figure was not included; (ii) represented separately in any table, chart, or explanatory text included in the statement of managers or the governing committee report accompanying such law; or (iii) represented by the product of the estimated procurement cost and the total quantity of items specified in an appropriation measure or included in the statement of managers or the governing committee report accompanying such law. (B) The term funding does not include— (i) direct spending; (ii) budget authority in an appropriation measure which funds direct spending provided for in other law; (iii) any existing budget authority canceled in an appropriation measure; or (iv) any restriction or condition in an appropriation measure or the accompanying statement of managers or committee reports on the expenditure of budget authority for an account, program, project, or activity, or on activities involving such expenditure. (8) Withhold The terms withhold and withholding apply to any executive action or inaction that precludes the obligation of funding at a time when it would otherwise have been available to an agency for obligation. The terms do not include administrative or preparatory actions undertaken prior to obligation in the normal course of implementing budget laws. 1016. Expiration On December 15, 2015, the amendments made by the Expedited Legislative Line-Item Veto and Rescissions Act of 2013 shall be replaced by the provisions of part B of the Impoundment Control Act of 1974 as in effect immediately before the date of enactment of the Expedited Legislative Line-Item Veto and Rescissions Act of 2013. . 3. Technical and conforming amendments (a) Exercise of Rulemaking Powers Section 904 of the Congressional Budget Act of 1974 ( 2 U.S.C. 621 note) is amended— (1) in subsection (a), by striking 1017 and inserting 1013 ; and (2) in subsection (d), by striking section 1017 and inserting section 1013 . (b) Clerical Amendments (1) The last sentence of section 1(a) of the Congressional Budget and Impoundment Control Act of 1974 is amended to read as follows: Sections 1011 through 1016 of part B of title X may be cited as the Expedited Legislative Line-Item Veto and Rescissions Act of 2013 . . (2) Section 1017 of such Act (as redesignated) is amended by striking section 1012 or 1013 each place it appears and inserting section 1011 or 1019 and section 1018 (as redesignated) is amended by striking calendar and of continuous session . (3) Section 1019(c) of such Act (as redesignated) is amended by striking 1012 and inserting 1011 . (4) Table of Contents The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by striking the items relating to parts B and C (including all of the items relating to the sections therein) of title X and inserting the following: Part B—Congressional consideration of proposed rescissions and deferrals of budget authority and obligation limitations Sec. 1011. Congressional consideration of proposed rescissions and deferrals of budget authority and obligation limitations. Sec. 1012. Grants of and limitations on presidential authority. Sec. 1013. Procedures for Expedited Consideration. Sec. 1014. Treatment of rescissions. Sec. 1015. Definitions. Sec. 1016. Expiration. . (c) Effective Date The amendments made by this Act shall apply to funding as defined in section 1015(8) of the Congressional Budget Act and Impoundment Control of 1974 in any Act enacted after the date of enactment of this Act. 4. Approval measures considered Section 314 of the Congressional Budget Act of 1974 is amended— (1) by redesignating subsections (b) through (e) as subsections (c) through (f) and by inserting after subsection (a) the following new subsection: (b) Adjustments for rescissions (1) Whenever an approval bill passes the House of Representatives, the Committee on the Budget shall immediately reduce the applicable allocations under section 302(a) by the total amount of reductions in budget authority and in outlays resulting from such approval bill. (2) As used in this subsection, the term approval bill has the meaning given to such term in section 1015. ; and (2) in subsection (d) (as redesignated), by inserting or (b) after subsection (a) . | https://www.govinfo.gov/content/pkg/BILLS-113hr1870ih/xml/BILLS-113hr1870ih.xml |
113-hr-1871 | I 113th CONGRESS 1st Session H. R. 1871 IN THE HOUSE OF REPRESENTATIVES May 8, 2013 Mr. Woodall (for himself, Mr. Gohmert , Mr. Ribble , and Mr. Ryan of Wisconsin ) introduced the following bill; which was referred to the Committee on the Budget A BILL To amend the Balanced Budget and Emergency Deficit Control Act of 1985 to reform the budget baseline.
1. Short title This Act may be cited as the Baseline Reform Act of 2013 . 2. The baseline Section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows: 257. The baseline (a) In general (1) For any fiscal year, the baseline refers to a projection of current-year levels of new budget authority, outlays, or receipts and the surplus or deficit for the current year, the budget year, and the ensuing nine outyears based on laws enacted through the applicable date. (2) The baselines referred to in paragraph (1) shall be prepared annually. (b) Direct spending and receipts For the budget year and each outyear, estimates for direct spending in the baseline shall be calculated as follows: (1) In general Laws providing or creating direct spending and receipts are assumed to operate in the manner specified in those laws for each such year and funding for entitlement authority is assumed to be adequate to make all payments required by those laws. (2) Exceptions (A) (i) No program established by a law enacted on or before the date of enactment of the Balanced Budget Act of 1997 with estimated current year outlays greater than $50,000,000 shall be assumed to expire in the budget year or the outyears. The scoring of new programs with estimated outlays greater than $50,000,000 a year shall be based on scoring by the Committees on the Budget or OMB, as applicable. OMB, CBO, and the Committees on the Budget shall consult on the scoring of such programs where there are differences between CBO and OMB. (ii) On the expiration of the suspension of a provision of law that is suspended under section 171 of Public Law 104–127 and that authorizes a program with estimated fiscal year outlays that are greater than $50,000,000, for purposes of clause (i), the program shall be assumed to continue to operate in the same manner as the program operated immediately before the expiration of the suspension. (B) The increase for veterans' compensation for a fiscal year is assumed to be the same as that required by law for veterans' pensions unless otherwise provided by law enacted in that session. (C) Excise taxes dedicated to a trust fund, if expiring, are assumed to be extended at current rates. (D) If any law expires before the budget year or any outyear, then any program with estimated current year outlays greater than $50,000,000 that operates under that law shall be assumed to continue to operate under that law as in effect immediately before its expiration. (3) Hospital insurance trust fund Notwithstanding any other provision of law, the receipts and disbursements of the Hospital Insurance Trust Fund shall be included in all calculations required by this Act. (c) Discretionary spending For the budget year and each of the nine ensuing outyears, the baseline shall be calculated using the following assumptions regarding all amounts other than those covered by subsection (b): (1) Estimated appropriations Budgetary resources other than unobligated balances shall be at the level provided for the budget year in full-year appropriation Acts. If for any account a full-year appropriation has not yet been enacted, budgetary resources other than unobligated balances shall be at the level available in the current year. (2) Current-year appropriations If, for any account, a continuing appropriation is in effect for less than the entire current year, then the current-year amount shall be assumed to equal the amount that would be available if that continuing appropriation covered the entire fiscal year. If law permits the transfer of budget authority among budget accounts in the current year, the current-year level for an account shall reflect transfers accomplished by the submission of, or assumed for the current year in, the President’s original budget for the budget year. (d) Up-to-Date concepts In calculating the baseline for the budget year or each of the nine ensuing outyears, current-year amounts shall be calculated using the concepts and definitions that are required for that budget year. (e) Asset sales Amounts realized from the sale of an asset shall not be included in estimates under section 251, 251A, 252, or 253 of this part or section 5 of the Statutory Pay-As-You-Go Act of 2010 if that sale would result in a financial cost to the Government as determined pursuant to scorekeeping guidelines. (f) Long-Term Budget Outlook On or before July 1 of each year, OMB shall submit to the Committees on the Budget of the House of Representatives and the Senate the Long-Term Budget Outlook for the fiscal year commencing on October 1 of that year and at least the ensuing 40 fiscal years. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1871ih/xml/BILLS-113hr1871ih.xml |
113-hr-1872 | I 113th CONGRESS 1st Session H. R. 1872 IN THE HOUSE OF REPRESENTATIVES May 8, 2013 Mr. Garrett (for himself, Mr. Ryan of Wisconsin , Mr. Duncan of South Carolina , Mr. Flores , Mr. Mulvaney , Mr. Westmoreland , Mr. Amash , and Mr. Hensarling ) introduced the following bill; which was referred to the Committee on the Budget , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Balanced Budget and Emergency Deficit Control Act of 1985 to increase transparency in Federal budgeting, and for other purposes.
1. Short title This Act may be cited as the Budget and Accounting Transparency Act of 2013 . I Fair value estimates 101. Credit reform (a) In general Title V of the Congressional Budget Act of 1974 is amended to read as follows: V Fair value 501. Purposes The purposes of this title are to— (1) measure more accurately the costs of Federal credit programs by accounting for them on a fair value basis; (2) place the cost of credit programs on a budgetary basis equivalent to other Federal spending; (3) encourage the delivery of benefits in the form most appropriate to the needs of beneficiaries; and (4) improve the allocation of resources among Federal programs. 502. Definitions For purposes of this title: (1) The term direct loan means a disbursement of funds by the Government to a non-Federal borrower under a contract that requires the repayment of such funds with or without interest. The term includes the purchase of, or participation in, a loan made by another lender and financing arrangements that defer payment for more than 90 days, including the sale of a Government asset on credit terms. The term does not include the acquisition of a federally guaranteed loan in satisfaction of default claims or the price support loans of the Commodity Credit Corporation. (2) The term direct loan obligation means a binding agreement by a Federal agency to make a direct loan when specified conditions are fulfilled by the borrower. (3) The term loan guarantee means any guarantee, insurance, or other pledge with respect to the payment of all or a part of the principal or interest on any debt obligation of a non-Federal borrower to a non-Federal lender, but does not include the insurance of deposits, shares, or other withdrawable accounts in financial institutions. (4) The term loan guarantee commitment means a binding agreement by a Federal agency to make a loan guarantee when specified conditions are fulfilled by the borrower, the lender, or any other party to the guarantee agreement. (5) (A) The term cost means the sum of the Treasury discounting component and the risk component of a direct loan or loan guarantee, or a modification thereof. (B) The Treasury discounting component shall be the estimated long-term cost to the Government of a direct loan or loan guarantee, or modification thereof, calculated on a net present value basis, excluding administrative costs and any incidental effects on governmental receipts or outlays. (C) The risk component shall be an amount equal to the difference between— (i) the estimated long-term cost to the Government of a direct loan or loan guarantee, or modification thereof, estimated on a fair value basis, applying the guidelines set forth by the Financial Accounting Standards Board in Financial Accounting Standards #157, or a successor thereto, excluding administrative costs and any incidental effects on governmental receipts or outlays; and (ii) the Treasury discounting component of such direct loan or loan guarantee, or modification thereof. (D) The Treasury discounting component of a direct loan shall be the net present value, at the time when the direct loan is disbursed, of the following estimated cash flows: (i) Loan disbursements. (ii) Repayments of principal. (iii) Essential preservation expenses, payments of interest and other payments by or to the Government over the life of the loan after adjusting for estimated defaults, prepayments, fees, penalties, and other recoveries, including the effects of changes in loan terms resulting from the exercise by the borrower of an option included in the loan contract. (E) The Treasury discounting component of a loan guarantee shall be the net present value, at the time when the guaranteed loan is disbursed, of the following estimated cash flows: (i) Payments by the Government to cover defaults and delinquencies, interest subsidies, essential preservation expenses, or other payments. (ii) Payments to the Government including origination and other fees, penalties, and recoveries, including the effects of changes in loan terms resulting from the exercise by the guaranteed lender of an option included in the loan guarantee contract, or by the borrower of an option included in the guaranteed loan contract. (F) The cost of a modification is the sum of— (i) the difference between the current estimate of the Treasury discounting component of the remaining cash flows under the terms of a direct loan or loan guarantee and the current estimate of the Treasury discounting component of the remaining cash flows under the terms of the contract, as modified; and (ii) the difference between the current estimate of the risk component of the remaining cash flows under the terms of a direct loan or loan guarantee and the current estimate of the risk component of the remaining cash flows under the terms of the contract as modified. (G) In estimating Treasury discounting components, the discount rate shall be the average interest rate on marketable Treasury securities of similar duration to the cash flows of the direct loan or loan guarantee for which the estimate is being made. (H) When funds are obligated for a direct loan or loan guarantee, the estimated cost shall be based on the current assumptions, adjusted to incorporate the terms of the loan contract, for the fiscal year in which the funds are obligated. (6) The term program account means the budget account into which an appropriation to cover the cost of a direct loan or loan guarantee program is made and from which such cost is disbursed to the financing account. (7) The term financing account means the nonbudget account or accounts associated with each program account which holds balances, receives the cost payment from the program account, and also includes all other cash flows to and from the Government resulting from direct loan obligations or loan guarantee commitments made on or after October 1, 1991. (8) The term liquidating account means the budget account that includes all cash flows to and from the Government resulting from direct loan obligations or loan guarantee commitments made prior to October 1, 1991. These accounts shall be shown in the budget on a cash basis. (9) The term modification means any Government action that alters the estimated cost of an outstanding direct loan (or direct loan obligation) or an outstanding loan guarantee (or loan guarantee commitment) from the current estimate of cash flows. This includes the sale of loan assets, with or without recourse, and the purchase of guaranteed loans (or direct loan obligations) or loan guarantees (or loan guarantee commitments) such as a change in collection procedures. (10) The term current has the same meaning as in section 250(c)(9) of the Balanced Budget and Emergency Deficit Control Act of 1985. (11) The term Director means the Director of the Office of Management and Budget. (12) The term administrative costs means costs related to program management activities, but does not include essential preservation expenses. (13) The term essential preservation expenses means servicing and other costs that are essential to preserve the value of loan assets or collateral. 503. OMB and CBO analysis, coordination, and review (a) In general For the executive branch, the Director shall be responsible for coordinating the estimates required by this title. The Director shall consult with the agencies that administer direct loan or loan guarantee programs. (b) Delegation The Director may delegate to agencies authority to make estimates of costs. The delegation of authority shall be based upon written guidelines, regulations, or criteria consistent with the definitions in this title. (c) Coordination with the Congressional Budget Office In developing estimation guidelines, regulations, or criteria to be used by Federal agencies, the Director shall consult with the Director of the Congressional Budget Office. (d) Improving cost estimates The Director and the Director of the Congressional Budget Office shall coordinate the development of more accurate data on historical performance and prospective risk of direct loan and loan guarantee programs. They shall annually review the performance of outstanding direct loans and loan guarantees to improve estimates of costs. The Office of Management and Budget and the Congressional Budget Office shall have access to all agency data that may facilitate the development and improvement of estimates of costs. (e) Historical credit programs costs The Director shall review, to the extent possible, historical data and develop the best possible estimates of adjustments that would convert aggregate historical budget data to credit reform accounting. 504. Budgetary treatment (a) President’s budget Beginning with fiscal year 1992, the President’s budget shall reflect the Treasury discounting component of direct loan and loan guarantee programs. Beginning with fiscal year 2015, the President’s budget shall reflect the costs of direct loan and loan guarantee programs. The budget shall also include the planned level of new direct loan obligations or loan guarantee commitments associated with each appropriations request. (b) Appropriations required Notwithstanding any other provision of law, new direct loan obligations may be incurred and new loan guarantee commitments may be made for fiscal year 1992 and thereafter only to the extent that— (1) new budget authority to cover their costs is provided in advance in an appropriation Act; (2) a limitation on the use of funds otherwise available for the cost of a direct loan or loan guarantee program has been provided in advance in an appropriation Act; or (3) authority is otherwise provided in appropriation Acts. (c) Exemption for direct spending programs Subsections (b) and (e) shall not apply to— (1) any direct loan or loan guarantee program that constitutes an entitlement (such as the guaranteed student loan program or the veteran’s home loan guaranty program); (2) the credit programs of the Commodity Credit Corporation existing on the date of enactment of this title; or (3) any direct loan (or direct loan obligation) or loan guarantee (or loan guarantee commitment) made by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation. (d) Budget accounting (1) The authority to incur new direct loan obligations, make new loan guarantee commitments, or modify outstanding direct loans (or direct loan obligations) or loan guarantees (or loan guarantee commitments) shall constitute new budget authority in an amount equal to the cost of the direct loan or loan guarantee in the fiscal year in which definite authority becomes available or indefinite authority is used. Such budget authority shall constitute an obligation of the program account to pay to the financing account. (2) The outlays resulting from new budget authority for the cost of direct loans or loan guarantees described in paragraph (1) shall be paid from the program account into the financing account and recorded in the fiscal year in which the direct loan or the guaranteed loan is disbursed or its costs altered. (3) All collections and payments of the financing accounts shall be a means of financing. (e) Modifications An outstanding direct loan (or direct loan obligation) or loan guarantee (or loan guarantee commitment) shall not be modified in a manner that increases its costs unless budget authority for the additional cost has been provided in advance in an appropriation Act. (f) Reestimates When the estimated cost for a group of direct loans or loan guarantees for a given program made in a single fiscal year is re-estimated in a subsequent year, the difference between the reestimated cost and the previous cost estimate shall be displayed as a distinct and separately identified subaccount in the program account as a change in program costs and a change in net interest. There is hereby provided permanent indefinite authority for these re-estimates. (g) Administrative expenses All funding for an agency’s administrative costs associated with a direct loan or loan guarantee program shall be displayed as distinct and separately identified subaccounts within the same budget account as the program’s cost. 505. Authorizations (a) Authorization for financing accounts In order to implement the accounting required by this title, the President is authorized to establish such non-budgetary accounts as may be appropriate. (b) Treasury transactions with the financing accounts (1) In general The Secretary of the Treasury shall borrow from, receive from, lend to, or pay to the financing accounts such amounts as may be appropriate. The Secretary of the Treasury may prescribe forms and denominations, maturities, and terms and conditions for the transactions described in the preceding sentence, except that the rate of interest charged by the Secretary on lending to financing accounts (including amounts treated as lending to financing accounts by the Federal Financing Bank (hereinafter in this subsection referred to as the Bank ) pursuant to section 405(b)) and the rate of interest paid to financing accounts on uninvested balances in financing accounts shall be the same as the rate determined pursuant to section 502(5)(G). (2) Loans For guaranteed loans financed by the Bank and treated as direct loans by a Federal agency pursuant to section 406(b)(1), any fee or interest surcharge (the amount by which the interest rate charged exceeds the rate determined pursuant to section 502(5)(G) that the Bank charges to a private borrower pursuant to section 6(c) of the Federal Financing Bank Act of 1973 shall be considered a cash flow to the Government for the purposes of determining the cost of the direct loan pursuant to section 502(5). All such amounts shall be credited to the appropriate financing account. (3) Reimbursement The Bank is authorized to require reimbursement from a Federal agency to cover the administrative expenses of the Bank that are attributable to the direct loans financed for that agency. All such payments by an agency shall be considered administrative expenses subject to section 504(g). This subsection shall apply to transactions related to direct loan obligations or loan guarantee commitments made on or after October 1, 1991. (4) Authority The authorities provided in this subsection shall not be construed to supersede or override the authority of the head of a Federal agency to administer and operate a direct loan or loan guarantee program. (5) Title 31 All of the transactions provided in the subsection shall be subject to the provisions of subchapter II of chapter 15 of title 31, United States Code. (6) Treatment of cash balances Cash balances of the financing accounts in excess of current requirements shall be maintained in a form of uninvested funds and the Secretary of the Treasury shall pay interest on these funds. The Secretary of the Treasury shall charge (or pay if the amount is negative) financing accounts an amount equal to the risk component for a direct loan or loan guarantee, or modification thereof. Such amount received by the Secretary of the Treasury shall be a means of financing and shall not be considered a cash flow of the Government for the purposes of section 502(5). (c) Authorization for liquidating accounts (1) Amounts in liquidating accounts shall be available only for payments resulting from direct loan obligations or loan guarantee commitments made prior to October 1, 1991, for— (A) interest payments and principal repayments to the Treasury or the Federal Financing Bank for amounts borrowed; (B) disbursements of loans; (C) default and other guarantee claim payments; (D) interest supplement payments; (E) payments for the costs of foreclosing, managing, and selling collateral that are capitalized or routinely deducted from the proceeds of sales; (F) payments to financing accounts when required for modifications; (G) administrative costs and essential preservation expenses, if— (i) amounts credited to the liquidating account would have been available for administrative costs and essential preservation expenses under a provision of law in effect prior to October 1, 1991; and (ii) no direct loan obligation or loan guarantee commitment has been made, or any modification of a direct loan or loan guarantee has been made, since September 30, 1991; or (H) such other payments as are necessary for the liquidation of such direct loan obligations and loan guarantee commitments. (2) Amounts credited to liquidating accounts in any year shall be available only for payments required in that year. Any unobligated balances in liquidating accounts at the end of a fiscal year shall be transferred to miscellaneous receipts as soon as practicable after the end of the fiscal year. (3) If funds in liquidating accounts are insufficient to satisfy obligations and commitments of such accounts, there is hereby provided permanent, indefinite authority to make any payments required to be made on such obligations and commitments. (d) Reinsurance Nothing in this title shall be construed as authorizing or requiring the purchase of insurance or reinsurance on a direct loan or loan guarantee from private insurers. If any such reinsurance for a direct loan or loan guarantee is authorized, the cost of such insurance and any recoveries to the Government shall be included in the calculation of the cost. (e) Eligibility and assistance Nothing in this title shall be construed to change the authority or the responsibility of a Federal agency to determine the terms and conditions of eligibility for, or the amount of assistance provided by a direct loan or a loan guarantee. 506. Treatment of deposit insurance and agencies and other insurance programs This title shall not apply to the credit or insurance activities of the Federal Deposit Insurance Corporation, National Credit Union Administration, Resolution Trust Corporation, Pension Benefit Guaranty Corporation, National Flood Insurance, National Insurance Development Fund, Crop Insurance, or Tennessee Valley Authority. 507. Effect on other laws (a) Effect on other laws This title shall supersede, modify, or repeal any provision of law enacted prior to the date of enactment of this title to the extent such provision is inconsistent with this title. Nothing in this title shall be construed to establish a credit limitation on any Federal loan or loan guarantee program. (b) Crediting of collections Collections resulting from direct loans obligated or loan guarantees committed prior to October 1, 1991, shall be credited to the liquidating accounts of Federal agencies. Amounts so credited shall be available, to the same extent that they were available prior to the date of enactment of this title, to liquidate obligations arising from such direct loans obligated or loan guarantees committed prior to October 1, 1991, including repayment of any obligations held by the Secretary of the Treasury or the Federal Financing Bank. The unobligated balances of such accounts that are in excess of current needs shall be transferred to the general fund of the Treasury. Such transfers shall be made from time to time but, at least once each year. . (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 striking the items relating to title V and inserting the following: Title V—Fair Value Sec. 501. Purposes. Sec. 502. Definitions. Sec. 503. OMB and CBO analysis, coordination, and review. Sec. 504. Budgetary treatment. Sec. 505. Authorizations. Sec. 506. Treatment of deposit insurance and agencies and other insurance programs. Sec. 507. Effect on other laws. . 102. Effective date The amendment made by section 101 shall take effect beginning with fiscal year 2015. 103. Budgetary adjustment (a) In general Section 251(b)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new sentence: A change in discretionary spending solely as a result of the amendment to title V of the Congressional Budget Act of 1974 made by the Budget and Accounting Transparency Act of 2013 shall be treated as a change of concept under this paragraph. . (b) Report Before adjusting the discretionary caps pursuant to the authority provided in subsection (a), the Office of Management and Budget shall report to the Committees on the Budget of the House of Representatives and the Senate on the amount of that adjustment, the methodology used in determining the size of that adjustment, and a program-by-program itemization of the components of that adjustment. (c) Schedule The Office of Management and Budget shall not make an adjustment pursuant to the authority provided in subsection (a) sooner than 60 days after providing the report required in subsection (b). II Budgetary treatment 201. CBO and OMB studies respecting budgeting for costs of Federal insurance programs Not later than 1 year after the date of enactment of this Act, the Directors of the Congressional Budget Office and of the Office of Management and Budget shall each prepare a study and make recommendations to the Committees on the Budget of the House of Representatives and the Senate as to the feasability of applying fair value concepts to budgeting for the costs of Federal insurance programs. 202. On-budget status of Fannie Mae and Freddie Mac Notwithstanding any other provision of law, the receipts and disbursements, including the administrative expenses, of the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation shall be counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of— (1) the budget of the United States Government as submitted by the President; (2) the congressional budget; and (3) the Balanced Budget and Emergency Deficit Control Act of 1985. 203. Effective date Section 202 shall not apply with respect to an enterprise (as such term is defined in section 1303 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4502)) after the date that all of the following have occurred: (1) The conservatorship for such enterprise under section 1367 of such Act (12 U.S.C. 4617) has been terminated. (2) The Director of the Federal Housing Finance Agency has certified in writing that such enterprise has repaid to the Federal Government the maximum amount consistent with minimizing total cost to the Federal Government of the financial assistance provided to the enterprise by the Federal Government pursuant to the amendments made by section 1117 of the Housing and Economic Recovery Act of 2008 ( Public Law 110–289 ; 122 Stat. 2683) or otherwise. (3) The charter for the enterprise has been revoked, annulled, or terminated and the authorizing statute (as such term is defined in such section 1303) with respect to the enterprise has been repealed. III Budget review and analysis 301. CBO and OMB review and recommendations respecting receipts and collections Not later than 1 year after the date of enactment of this Act, the Director of the Office of Management and Budget shall prepare a study of the history of offsetting collections against expenditures and the amount of receipts collected annually, the historical application of the budgetary terms revenue , offsetting collections , and offsetting receipts , and review the application of those terms and make recommendations to the Committees on the Budget of the House of Representatives and the Senate of whether such usage should be continued or modified. The Director of the Congressional Budget Office shall review the history and recommendations prepared by the Director of the Office of Management and Budget and shall submit comments and recommendations to such Committees. 302. Agency budget justifications Section 1108 of title 31, United States Code, is amended by inserting at the end the following new subsection: (h) (1) Whenever any agency prepares and submits written budget justification materials for any committee of the House of Representatives or the Senate, such agency shall post such budget justification on the same day of such submission on the open page of the public website of the agency, and the Office of Management and Budget shall post such budget justification in a centralized location on its website, in the format developed under paragraph (2). (2) The Office of Management and Budget, in consultation with the Congressional Budget Office and the Government Accountability Office, shall develop and notify each agency of the format in which to post a budget justification under paragraph (1). Such format shall be designed to ensure that posted budget justifications for all agencies— (A) are searchable, sortable, and downloadable by the public; (B) are consistent with generally accepted standards and practices for machine-discoverability; (C) are organized uniformly, in a logical manner that makes clear the contents of a budget justification and relationships between data elements within the budget justification and among similar documents; and (D) use uniform identifiers, including for agencies, bureaus, programs, and projects. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1872ih/xml/BILLS-113hr1872ih.xml |
113-hr-1873 | I 113th CONGRESS 1st Session H. R. 1873 IN THE HOUSE OF REPRESENTATIVES May 8, 2013 Mr. Chaffetz (for himself and Mr. Ryan of Wisconsin ) introduced the following bill; which was referred to the Committee on the Budget , and in addition to the Committees on Rules and the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require greater accountability in discretionary and direct spending programs, and for other purposes.
1. Short title This Act may be cited as the Review Every Dollar Act of 2013 . I Federal program sunset 101. Limitation on reauthorization of Federal programs (a) Enforcement (1) It shall not be in order in the House of Representatives or the Senate to consider any bill or joint resolution, or amendment thereto or conference report thereon, that reauthorizes any Federal program for a period of more than seven fiscal years. (2) It shall not be in order in the House of Representatives or the Senate to consider any bill or joint resolution, or any amendment thereto or conference report thereon, that establishes any new Federal program with an authorization of appropriations for a period of more than seven fiscal years. (b) Committee review of direct spending programs Not later than July 31 during the second session of each Congress, each standing committee of the House of Representatives and the Senate with legislative jurisdiction over any direct spending program shall apply the criteria set forth in section 102 to determine whether any such program should be modified, terminated, or reauthorized. 102. Criteria for review Any committee of the House of Representatives or the Senate with jurisdiction over any program being reauthorized shall consider the following criteria in determining whether such program should be modified, terminated, or reauthorized: (1) The effectiveness and efficiency of the operation of the program. (2) Whether the program is cost effective. (3) Whether the original objectives of the program have been achieved. (4) Whether alternative methods exist to carry out the objectives of the program in a more cost effective manner. (5) The extent to which the program is duplicative or conflicts with other programs. (6) The potential benefits of consolidating this program with similar or duplicative programs. (7) The growth in cost per beneficiary or persons served by the program. (8) The extent to which any trends, developments, and emerging conditions may affect the problems or needs that the program is intended to address. (9) The extent it imposes mandates on State and local governments. (10) The extent it impedes sustainable economic growth. (11) The extent to which the program is a constitutionally authorized activity of the Government. II Deficit reduction accounts 201. Establishment of discretionary deficit reduction account (a) Discretionary deficit reduction Account Title III of the Congressional Budget Act of 1974 is amended by adding at the end the following new section: 316. Discretionary deficit reduction account (a) Establishment of account The chairman of the Committee on the Budget of the House of Representatives and the chairman of the Committee on the Budget of the Senate shall each maintain an account to be known as the deficit reduction discretionary account . The Account shall be divided into entries corresponding to the subcommittees of the Committee on Appropriations of that House and each entry shall consist of the deficit reduction balance . (b) Components Each entry shall consist only of amounts credited to it under subsection (c). (c) Crediting of amounts to account (1) Whenever a Member of Congress offers an amendment to an appropriation bill to reduce new budget authority in any account or has the effect of reducing direct spending, that Member may state the portion of such reduction that shall be credited to— (A) the deficit reduction balance; (B) used to offset an increase in new budget authority in any other account; or (C) allowed to remain within the applicable section 302(b) suballocation. (2) If no such statement is made, the amount of reduction in new budget authority resulting from the amendment shall be credited to the deficit reduction balance, as applicable, if the amendment is agreed to. (3) Except as provided by paragraph (4), the chairman of the Committee on the Budget of the House of Representatives or Senate, as applicable, shall, upon the engrossment of any appropriation bill by the House of Representatives or Senate, as applicable, credit to the applicable entry balances amounts of new budget authority and outlays equal to the net amounts of reductions in budget authority and in outlays resulting from amendments agreed to by that House to that bill. (4) When indicating the net amounts of reductions in new budget authority and outlays resulting from amendments agreed to by the House of Representatives or Senate, as applicable, to an appropriation bill, the chairman of the Committee on the Budget of that House shall only count those portions of such amendments agreed to that were so designated by the Members offering such amendments as amounts to be credited to the deficit reduction balance. (5) The chairman of the Committee on the Budget of the House of Representatives and the chairman of the Committee on the Budget of the Senate shall each maintain a running tally of the amendments adopted reflecting increases and decreases of budget authority in the bill as reported to its House. This tally shall be available to Members or Senators during consideration of any bill by that House. (d) Calculation of savings in deficit reduction accounts in the House of Representatives and Senate (1) For the purposes of enforcing section 302(a), upon the engrossment of any appropriation bill by the House of Representatives or Senate, as applicable, the amount of budget authority and outlays calculated pursuant to subsection (c)(3) shall be counted against the 302(a) allocation provided to the Committee on Appropriations as if the amount calculated pursuant to subsection (c)(3) was included in the bill just engrossed. (2) For purposes of enforcing section 302(b), upon the engrossment of any appropriation bill by the House of Representatives or Senate, as applicable, the 302(b) allocation provided to the subcommittee for the bill just engrossed shall be deemed to have been reduced by the amount of budget authority and outlays calculated, pursuant to subsection (c)(3). (e) Definition As used in this section, the term appropriation bill means any general or special appropriation bill, and any bill or joint resolution making supplemental, deficiency, or continuing appropriations. . 202. Establishment of direct spending reduction account Title III of the Congressional Budget Act of 1974 (as amended by section 201) is further amended by adding at the end the following new section: 317. Direct spending deficit reduction account (a) Establishment of account The chairman of the Committee on the Budget of the House of Representatives and of the Senate shall each maintain an account to be known as the deficit reduction direct spending account . The account shall be divided into entries corresponding to the House of Representatives or Senate committees, as applicable, that received allocations under section 302(a) in the most recently adopted concurrent resolution on the budget, except that it shall not include the Committee on Appropriations of that House and each entry shall consist of the first-year deficit reduction account and the five-year deficit reduction account or the period covered by the resolution on the budget for that fiscal year, as applicable. (b) Components Each entry shall consist only of amounts credited to it under subsection (c). No entry of a negative amount shall be made. (c) Calculation of account savings in House and Senate For the purposes of enforcing section 302(a), upon the engrossment of any bill, other than an appropriation bill, by the House of Representatives or Senate, as applicable, the amount of budget authority and outlays calculated pursuant to subsection (d)(3) shall be counted against the 302(a) allocation provided to the applicable committee or committees of that House which reported the bill as if the amount calculated pursuant to subsection (d)(3) was included in the bill just engrossed. (d) Crediting of amounts to account (1) Whenever a Member or Senator, as the case may be, offers an amendment to a bill that reduces the amount of budget authority for direct spending provided either under current law or proposed to be provided by the bill under consideration, that Member or Senator may state the portion of such reduction achieved in the first year covered by the most recently adopted concurrent resolution on the budget and in addition the portion of such reduction achieved in the first ten years covered by the most recently adopted concurrent resolution on the budget that shall be credited to the first-year deficit reduction balance and the five-year deficit reduction balance, as applicable, if the amendment is agreed to. (2) Except as provided by paragraph (3), the chairman of the Committee on the Budget of the House of Representatives or Senate, as applicable, shall, upon the engrossment of any bill, other than an appropriation bill, by the House of Representatives or Senate, as applicable, credit to the applicable entry balances amounts of new budget authority and outlays equal to the net amounts of reductions in budget authority and in outlays resulting from amendments agreed to by that House to that bill. (3) When computing the net amounts of reductions in budget authority and in outlays resulting from amendments agreed to by the House of Representatives or Senate, as applicable, to a bill, the chairman of the Committee on the Budget of that House shall only count those portions of such amendments agreed to that were so designated by the Members or Senators offering such amendments as amounts to be credited to the first year deficit reduction balance and the five-year deficit reduction balance. (4) The chairman of the Committee on the Budget of the House of Representatives and of the Senate shall each maintain a running tally of the amendments adopted reflecting increases and decreases of budget authority in the bill as reported to its House. This tally shall be available to Members or Senators during consideration of any bill by that House. (e) Definition As used in this section, the term appropriation bill means any general or special appropriation bill, and any bill or joint resolution making supplemental, deficiency, or continuing appropriations. . 203. 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 321 the following new items: Sec. 316. Discretionary deficit reduction account. Sec. 317. Direct spending deficit reduction account. . III General fund transfers 301. Budget rule relating to transfers from the general fund of the treasury to the highway trust fund that increase public indebtedness For purposes of the Congressional Budget Act of 1974, the Balanced Budget and Emergency Deficit Control Act of 1985, the Rules of the House of Representatives, or the Standing Rules of the Senate, a bill or joint resolution, or an amendment thereto or conference report thereon, or any Act that transfers funds from the general fund of the Treasury to the Highway Trust Fund shall be counted as new budget authority and outlays equal to the amount of the transfer in the fiscal year the transfer occurs. IV Budgeting for administrative actions 501. Review of rules requiring new budget authority (a) In general Chapter 5 of title 5, United States Code, is amended by inserting after section 559 the following: 559a. Review of rules requiring new budget authority (a) In general A rule made to carry out a direct spending program that would require new budget authority of not less than $100,000,000 for the fiscal year the rule takes effect or for any of the 9 fiscal years immediately succeeding that fiscal year may not take effect, except as provided in subsection (d). (b) Review by Office of Management and Budget of proposed rules Before the effective date of any rule, the Director of the Office of Management and Budget shall review the rule to determine if the rule is a rule described in subsection (a). If the Director determines that the rule is such a rule— (1) the Director shall notify the agency making the rule— (A) of that determination; and (B) the amount of the estimated new budget authority that the rule would require for the fiscal year in which the rule would take effect and the 9 fiscal years immediately succeeding that fiscal year; and (2) the agency may not undertake any further action pertaining to such rulemaking. (c) Periodic review of rules Beginning on the date that is one year after the date on which any rule takes effect, and annually thereafter, the Director of the Office of Management and Budget may make a determination as to whether the rule is a rule described in subsection (a). For purposes of this determination, the fiscal year the rule takes effect shall be deemed to be the fiscal year in which the Director makes the determination. If the Director determines that the rule is such a rule, the agency that issued the rule shall provide for a transition period of such length as the Director, in consultation with the agency, determines appropriate. At the end of that transition period, the rule shall cease to have effect. (d) Exceptions Notwithstanding any other provision of this section, a rule described in subsection (a) shall take effect or continue in effect— (1) if the President submits written notice to the Congress that the President has determined that the rule should take effect or continue in effect because such rule is— (A) necessary because of an imminent threat to health or safety or other emergency; (B) necessary for the enforcement of criminal laws; (C) necessary for national security; or (D) issued pursuant to any statute implementing an international trade agreement; or (2) when the new budget authority to carry out the rule is provided by law. (e) Treatment of substantially similar rules A rule that does not take effect (or does not continue in effect) under this section may not be reissued in substantially the same form, and a new rule that is substantially the same as such a rule may not be issued, unless the reissued or new rule is specifically authorized by a law enacted after the date that the rule fails to take effect or fails to continue in effect. (f) Judicial review Any determination under this section shall be subject to review under chapter 7 of this title. (g) Definitions The terms new budget authority and direct spending have the meanings given such terms under section 250 of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900 ). (h) Applicability This section shall apply only to rules for which the rulemakings are commenced after the date of enactment of the Review Every Dollar Act of 2013 . . (b) Cost of projected administrative regulations Section 1105(a) of title 31, United States Code, is amended— (1) by redesignating the second paragraph (37) as paragraph (39); and (2) by adding at the end the following new paragraph: (40) a separate statement of the cost of administrative rules that are projected to take effect during the fiscal year for which the budget is submitted. . (c) Clerical amendment The table of sections for chapter 5 of title 5, United States Code is amended by inserting after the item relating to section 559 the following new item: 559a. Review of rules requiring new budget authority. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1873ih/xml/BILLS-113hr1873ih.xml |
113-hr-1874 | I 113th CONGRESS 1st Session H. R. 1874 IN THE HOUSE OF REPRESENTATIVES May 8, 2013 Mr. Price of Georgia (for himself, Mr. Ryan of Wisconsin , Mrs. Black , Mr. Chaffetz , Mr. Collins of Georgia , Mr. Cotton , Mr. Garrett , Mr. Gosar , Mr. Graves of Georgia , Mr. Hensarling , Mr. Johnson of Ohio , Mr. Marchant , Mr. Mulvaney , Mr. Radel , Mr. Reed , Mr. Ribble , Mr. Ross , Mr. Scalise , Mr. Austin Scott of Georgia , Mr. Westmoreland , Mr. Wilson of South Carolina , Mr. Woodall , Mr. Jordan , Mr. Barr , Mr. Terry , Mr. Franks of Arizona , Mr. Bishop of Utah , Mr. Pittenger , Mr. Yoder , and Mr. Fortenberry ) 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 amend the Congressional Budget Act of 1974 to provide for macroeconomic analysis of the impact of legislation.
1. Short title This Act may be cited as the Pro-Growth Budgeting Act of 2013 . 2. Macroeconomic impact analyses (a) In general Part A of title IV of the Congressional Budget Act of 1974 is amended by adding at the end the following new section: 407. Macroeconomic impact analysis of major legislation (a) Congressional Budget Office The Congressional Budget Office shall, to the extent practicable, prepare for each major bill or resolution reported by any committee of the House of Representatives or the Senate (except the Committee on Appropriations of each House), as a supplement to estimates prepared under section 402, a macroeconomic impact analysis of the budgetary effects of such bill or resolution for the ten fiscal-year period beginning with the first fiscal year for which an estimate was prepared under section 402 and each of the next three ten fiscal-year periods. Such estimate shall be predicated upon the supplemental projection described in section 202(e)(4). The Director shall submit to such committee the macroeconomic impact analysis, together with the basis for the analysis. As a supplement to estimates prepared under section 402, all such information so submitted shall be included in the report accompanying such bill or resolution. (b) Economic impact The analysis prepared under subsection (a) shall describe the potential economic impact of the applicable major bill or resolution on major economic variables, including real gross domestic product, business investment, the capital stock, employment, interest rates, and labor supply. The analysis shall also describe the potential fiscal effects of the bill or resolution, including any estimates of revenue increases or decreases resulting from changes in gross domestic product. To the extent practicable, the analysis should use a variety of economic models in order to reflect the full range of possible economic outcomes resulting from the bill or resolution. The analysis (or a technical appendix to the analysis) shall specify the economic and econometric models used, sources of data, relevant data transformations, and shall include such explanation as is necessary to make the models comprehensible to academic and public policy analysts. (c) Definitions As used in this section— (1) the term macroeconomic impact analysis means— (A) an estimate of the changes in economic output, employment, interest rates, capital stock, and tax revenues expected to result from enactment of the proposal; (B) an estimate of revenue feedback expected to result from enactment of the proposal; and (C) a statement identifying the critical assumptions and the source of data underlying that estimate; (2) the term major bill or resolution means any bill or resolution if the gross budgetary effects of such bill or resolution for any fiscal year in the period for which an estimate is prepared under section 402 is estimated to be greater than .25 percent of the current projected gross domestic product of the United States for any such fiscal year; (3) the term budgetary effect , when applied to a major bill or resolution, means the changes in revenues, outlays, deficits, and debt resulting from that measure; and (4) the term revenue feedback means changes in revenue resulting from changes in economic growth as the result of the enactment of any major bill or resolution. . (b) Conforming amendment The table of contents set forth in section 1(b) of the Congressional Budget Act of 1974 is amended by inserting after the item relating to section 406 the following new item: Sec. 407. Macroeconomic impact analysis of major legislation. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1874ih/xml/BILLS-113hr1874ih.xml |
113-hr-1875 | I 113th CONGRESS 1st Session H. R. 1875 IN THE HOUSE OF REPRESENTATIVES May 8, 2013 Mr. Ryan of Ohio (for himself, Mr. Petri , Mr. Loebsack , and Mr. Cartwright ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To support evidence-based social and emotional learning programming.
1. Short title This Act may be cited as the Academic, Social, and Emotional Learning Act of 2013 . 2. Findings The Congress makes the following findings: (1) To succeed in school, students need to be engaged. They need to know how to maintain focus and effort in the face of setbacks, work effectively with others, and be good communicators and problem-solvers. (2) Social and emotional skills form a foundation for young people’s success not just in school, but as healthy and caring adults, productive workers, and engaged citizens. (3) Not only can these skills be taught, they can be taught by regular classroom teachers in schools of every type to students of every background. (4) Academic outcomes resulting from social and emotional learning include greater motivation to learn and commitment to school, increased time devoted to schoolwork and mastery of subject matter, improved attendance, graduation rates, grades, and test scores. (5) These positive outcomes increase in students who are involved in social and emotional learning programming by an average of 11 percentile points over students who are not involved in such programming. (6) Social and emotional learning programming also results in reduced problem behavior, improved health outcomes, a lower rate of violent delinquency, and a lower rate of heavy alcohol use. 3. Amendments to the Elementary and Secondary Education Act (a) Teacher and principal training and recruiting fund Part A of title II of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6601 et seq. ) is amended— (1) in section 2113(c)(2)— (A) by striking and at the end of subparagraph (A); (B) by striking the period at the end of subparagraph (B) and inserting ; and ; and (C) by adding at the end the following: (C) train teachers and principals in practices that have demonstrated effectiveness in improving student achievement, attainment, and behavior through addressing the social and emotional development needs of students, such as through social and emotional learning programming. ; and (2) in section 2123(a)(3)(B)(iii)— (A) by striking and at the end of (I); (B) by redesignating subclause (II) as subclause (III); and (C) by inserting after subclause (I) the following: (II) addressing the social and emotional development needs of students to improve student achievement and attainment, such as through social and emotional learning programming; and . (b) Definitions Section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ) is amended by adding at the end the following: (44) Social and emotional learning The term social and emotional learning means the process through which children and adults acquire the knowledge, attitudes, and skills associated with the core areas of social and emotional competency, including— (A) self-awareness and self-management to achieve school and life success, such as identifying and recognizing strengths, needs, emotions, values and self-efficacy, impulse control and stress management, self-motivation and discipline, and goal setting and organizational skills; (B) social awareness and interpersonal skills to establish and maintain positive relationships, such as perspective taking and respect for others, communication, working cooperatively, negotiation, conflict management, and help seeking; and (C) decisionmaking skills and responsible behaviors in personal, academic and community contexts, such as situational analysis, problem solving, reflection and personal, and social and ethical responsibility. (45) Social and Emotional Learning Programming The term social and emotional learning programming refers to classroom instruction and schoolwide activities and initiatives that— (A) integrate social and emotional learning into school curriculum; (B) provide systematic instruction whereby social and emotional skills are taught, modeled, practiced, and applied so that students use them as part of their daily behavior; (C) teach children to apply social and emotional skills to prevent specific problem behaviors such as substance use, violence, bullying, and school failure, and to promote positive behaviors in class, school, and community activities; and (D) establish safe and caring learning environments that foster student participation, engagement, and connection to learning and school. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1875ih/xml/BILLS-113hr1875ih.xml |
113-hr-1876 | I 113th CONGRESS 1st Session H. R. 1876 IN THE HOUSE OF REPRESENTATIVES May 8, 2013 Ms. Sinema introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Higher Education Act of 1965 to extend the reduced interest rate for Federal Direct Stafford Loans.
1. Short title This Act may be cited as the Stability to Ensure the American Dream for Youth Act . 2. Interest rate extension Subparagraph (D) of section 455(b)(7) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(b)(7) ) is amended— (1) in the matter preceding clause (i), by striking 2013 and inserting 2017 ; and (2) in clause (v), by striking 2013 and inserting 2017 . | https://www.govinfo.gov/content/pkg/BILLS-113hr1876ih/xml/BILLS-113hr1876ih.xml |
113-hr-1877 | I 113th CONGRESS 1st Session H. R. 1877 IN THE HOUSE OF REPRESENTATIVES May 8, 2013 Mr. Bishop of New York (for himself, Mr. Rahall , Mr. Young of Alaska , Ms. Norton , Mr. King of New York , Ms. Esty , Mrs. Napolitano , Ms. Eddie Bernice Johnson of Texas , Mr. Garamendi , Mr. Cummings , Mr. Nadler , Mr. Capuano , Ms. Brown of Florida , Mr. Larsen of Washington , Mr. Michaud , Ms. Edwards , Ms. Frankel of Florida , Mr. DeFazio , Mr. Nolan , Mrs. Kirkpatrick , Mr. Sean Patrick Maloney of New York , Mr. Cohen , Mr. Sires , Ms. Hahn , Mr. Lipinski , Ms. Titus , Mr. Walz , and Mrs. Bustos ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Federal Water Pollution Control Act to authorize appropriations for State water pollution control revolving funds, and for other purposes.
1. Short title; table of contents (a) In general This Act may be cited as the Water Quality Protection and Job Creation Act of 2013 . (b) Table of contents Sec. 1. Short title; table of contents. Sec. 2. Amendment of Federal Water Pollution Control Act . Title I—Water Quality Financing Subtitle A—Technical and Management Assistance Sec. 1101. Technical assistance. Sec. 1102. State management assistance. Sec. 1103. Watershed pilot projects. Subtitle B—Construction of Treatment Works Sec. 1201. Sewage collection systems. Sec. 1202. Treatment works defined. Subtitle C—State Water Pollution Control Revolving Funds Sec. 1301. General authority for capitalization grants. Sec. 1302. Capitalization grant agreements. Sec. 1303. Water pollution control revolving loan funds. Sec. 1304. Allotment of funds. Sec. 1305. Intended use plan. Sec. 1306. Annual reports. Sec. 1307. Technical assistance; requirements for use of American materials. Sec. 1308. Economic hardship waiver. Sec. 1309. Authorization of appropriations. Subtitle D—General Provisions Sec. 1401. Definition of treatment works. Sec. 1402. Funding for Indian programs. Subtitle E—Tonnage Duties Sec. 1501. Tonnage duties. Title II—Alternative Water Source Projects Sec. 2001. Pilot program for alternative water source projects. Title III—Sewer Overflow Control Grants Sec. 3001. Sewer overflow control grants. Title IV—Clean Water Trust Fund Sec. 4001. Establishment of Clean Water Trust Fund. Sec. 4002. Allocation of funds. Sec. 4003. Revenues for Clean Water Trust Fund. Title V—Water Pollution Control Investment Sec. 5001. Short title. Sec. 5002. Definitions. Sec. 5003. Direct loans. Sec. 5004. Guarantees. 2. Amendment of Federal Water Pollution Control Act Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ). I Water Quality Financing A Technical and Management Assistance 1101. Technical assistance (a) Technical Assistance for Rural and Small Treatment Works Section 104(b) (33 U.S.C. 1254(b)) is amended— (1) by striking and at the end of paragraph (6); (2) by striking the period at the end of paragraph (7) and inserting ; and ; and (3) by adding at the end the following: (8) make grants to nonprofit organizations— (A) to provide technical assistance to rural and small municipalities and tribal governments for the purpose of assisting, in consultation with the State in which the assistance is provided, such municipalities and tribal governments in the planning, developing, and acquisition of financing for eligible projects described in section 603(c); (B) to provide technical assistance and training for rural, small, and tribal publicly owned treatment works and decentralized wastewater treatment systems to enable such treatment works and systems to protect water quality and achieve and maintain compliance with the requirements of this Act; and (C) to disseminate information to rural, small, and tribal municipalities and municipalities that meet the affordability criteria established under section 603(i)(2) by the State in which the municipality is located with respect to planning, design, construction, and operation of publicly owned treatment works and decentralized wastewater treatment systems. . (b) Authorization of Appropriations Section 104(u) ( 33 U.S.C. 1254(u) ) is amended— (1) by striking and (6) and inserting (6) ; and (2) by inserting before the period at the end the following: ; and (7) not to exceed $100,000,000 for each of fiscal years 2014 through 2018 for carrying out subsections (b)(3), (b)(8), and (g), except that not less than 20 percent of the amounts appropriated pursuant to this paragraph in a fiscal year shall be used for carrying out subsection (b)(8) . (c) Small flows clearinghouse Section 104(q)(4) ( 33 U.S.C. 1254(q)(4) ) is amended— (1) in the first sentence by striking $1,000,000 and inserting $3,000,000 ; and (2) in the second sentence by striking 1986 and inserting 2018 . 1102. State management assistance (a) Authorization of appropriations Section 106(a) ( 33 U.S.C. 1256(a) ) is amended— (1) by striking and at the end of paragraph (1); (2) by striking the semicolon at the end of paragraph (2) and inserting ; and ; and (3) by inserting after paragraph (2) the following: (3) such sums as may be necessary for each of fiscal years 1991 through 2013, and $300,000,000 for each of fiscal years 2014 through 2018; . (b) Technical amendment Section 106(e) ( 33 U.S.C. 1256(e) ) is amended by striking Beginning in fiscal year 1974 the and inserting The . 1103. Watershed pilot projects (a) Pilot Projects Section 122 ( 33 U.S.C. 1274 ) is amended— (1) in the section heading by striking Wet weather ; and (2) in subsection (a)— (A) in the matter preceding paragraph (1)— (i) by striking for treatment works and inserting to a municipality or municipal entity ; and (ii) by striking of wet weather discharge control ; (B) in paragraph (2) by striking in reducing such pollutants and all that follows before the period at the end and inserting to manage, reduce, treat, or reuse municipal stormwater, including low-impact development technologies and other techniques that utilize infiltration, evapotranspiration, and reuse of storm water on site ; and (C) by adding at the end the following: (3) Watershed partnerships Efforts of municipalities and property owners to demonstrate cooperative ways to address nonpoint sources of pollution to reduce adverse impacts on water quality. (4) Integrated water resource plan The development of an integrated water resource plan for the coordinated management and protection of surface water, ground water, and stormwater resources on a watershed or subwatershed basis to meet the objectives, goals, and policies of this Act. (5) Municipality-wide storm water management planning The development of a municipality-wide plan that identifies the most effective placement of storm water technologies and management approaches, including green infrastructure, to reduce water quality impairments from storm water on a municipality-wide basis. (6) Increased resilience of treatment works Efforts to assess future risks and vulnerabilities of publicly owned treatment works to man-made or natural disasters, including extreme weather events and sea-level rise, and to carry out measures, on a system-wide or area-wide basis, to increase the resiliency of publicly owned treatment works. . (b) Authorization of appropriations The first sentence of section 122(c)(1) is amended— (1) by striking “and”; and (2) by striking the period and inserting , such sums as may be necessary for each of fiscal years 2005 through 2013, and $120,000,000 for each of fiscal years 2014 through 2018 . (c) Report to Congress Section 122(d) is amended by striking 5 years after the date of enactment of this section, and inserting October 1, 2015, . B Construction of Treatment Works 1201. Sewage collection systems Section 211 ( 33 U.S.C. 1291 ) is amended— (1) by striking the section heading and all that follows through (a) No and inserting the following: 211. Sewage collection systems (a) In General No ; (2) in subsection (b) by inserting Population Density .— after (b) ; and (3) by striking subsection (c) and inserting the following: (c) Exceptions (1) Replacement and major rehabilitation Notwithstanding the requirement of subsection (a)(1) concerning the existence of a collection system as a condition of eligibility, a project for replacement or major rehabilitation of a collection system existing on January 1, 2007, shall be eligible for a grant under this title if the project otherwise meets the requirements of subsection (a)(1) and meets the requirement of paragraph (3). (2) New systems Notwithstanding the requirement of subsection (a)(2) concerning the existence of a community as a condition of eligibility, a project for a new collection system to serve a community existing on January 1, 2007, shall be eligible for a grant under this title if the project otherwise meets the requirements of subsection (a)(2) and meets the requirement of paragraph (3). (3) Requirement A project meets the requirement of this paragraph if the purpose of the project is to accomplish the objectives, goals, and policies of this Act by addressing an adverse environmental condition existing on the date of enactment of this paragraph. . 1202. Treatment works defined Section 212(2)(A) ( 33 U.S.C. 1292(2)(A) ) is amended— (1) by striking any works, including site ; (2) by striking is used for ultimate and inserting will be used for ultimate ; and (3) by inserting before the period at the end the following: and acquisition of other lands, and interests in lands, which are necessary for construction . C State Water Pollution Control Revolving Funds 1301. General authority for capitalization grants Section 601(a) ( 33 U.S.C. 1381(a) ) is amended by striking for providing assistance and all that follows through the period at the end and inserting the following: to accomplish the objectives, goals, and policies of this Act by providing assistance for projects and activities identified in section 603(c). . 1302. Capitalization grant agreements (a) Reporting Infrastructure Assets Section 602(b)(9) ( 33 U.S.C. 1382(b)(9) ) is amended by striking standards and inserting standards, including standards relating to the reporting of infrastructure assets . (b) Additional Requirements Section 602(b) ( 33 U.S.C. 1382(b) ) is amended— (1) in paragraph (6)— (A) by striking before fiscal year 1995 ; (B) by striking funds directly made available by capitalization grants under this title and section 205(m) of this Act and inserting assistance made available by a State water pollution control revolving fund as authorized under this title, or with assistance made available under section 205(m), or both, ; and (C) by striking 201(b) and all that follows through 513 and inserting 211 and 511(c)(1) ; (2) by striking and at the end of paragraph (9); (3) by striking the period at the end of paragraph (10) and inserting a semicolon; and (4) by adding at the end the following: (11) the State will establish, maintain, invest, and credit the fund with repayments, such that the fund balance will be available in perpetuity for providing financial assistance in accordance with this title; (12) any fees charged by the State to recipients of assistance that are considered program income will be used for the purpose of financing the cost of administering the fund or financing projects or activities eligible for assistance from the fund; (13) beginning in fiscal year 2014, the State will include as a condition of providing assistance to a municipality or intermunicipal, interstate, or State agency that the recipient of such assistance certify, in a manner determined by the Governor of the State, that the recipient— (A) has studied and evaluated the cost and effectiveness of the processes, materials, techniques, and technologies for carrying out the proposed project or activity for which assistance is sought under this title, and has selected, to the extent practicable, a project or activity that maximizes the potential for efficient water use, reuse, and conservation, and energy conservation, taking into account the cost of constructing the project or activity, the cost of operating and maintaining the project or activity over its life, and the cost of replacing the project or activity; and (B) has considered, to the maximum extent practicable and as determined appropriate by the recipient, the costs and effectiveness of other design, management, and financing approaches for carrying out a project or activity for which assistance is sought under this title, taking into account the cost of constructing the project or activity, the cost of operating and maintaining the project or activity over its life, and the cost of replacing the project or activity; (14) the State will use at least 15 percent of the amount of each capitalization grant received by the State under this title after September 30, 2014, to provide assistance to municipalities of fewer than 10,000 individuals that meet the affordability criteria established by the State under section 603(i)(2) for projects or activities included on the State’s priority list established under section 603(g), to the extent that there are sufficient applications for such assistance; (15) a contract to be carried out using funds directly made available by a capitalization grant under this title for program management, construction management, feasibility studies, preliminary engineering, design, engineering, surveying, mapping, or architectural related services shall be negotiated in the same manner as a contract for architectural and engineering services is negotiated under chapter 11 of title 40, United States Code, or an equivalent State qualifications-based requirement (as determined by the Governor of the State); and (16) the requirements of section 513 will apply to the construction of treatment works carried out in whole or in part with assistance made available by a State water pollution control revolving fund as authorized under this title, or with assistance made available under section 205(m), or both, in the same manner as treatment works for which grants are made under this Act. . 1303. Water pollution control revolving loan funds (a) Projects and Activities Eligible for Assistance Section 603(c) (33 U.S.C. 1383(c)) is amended to read as follows: (c) Projects and Activities Eligible for Assistance The amounts of funds available to each State water pollution control revolving fund shall be used only for providing financial assistance— (1) to any municipality or intermunicipal, interstate, or State agency for construction of publicly owned treatment works; (2) for the implementation of a management program established under section 319; (3) for development and implementation of a conservation and management plan under section 320; (4) for repair or replacement of decentralized wastewater treatment systems that treat domestic sewage; (5) for measures to manage, reduce, treat, or reuse municipal stormwater; (6) to any municipality or intermunicipal, interstate, or State agency for measures to reduce the demand for publicly owned treatment works capacity through water conservation, efficiency, or reuse; (7) for the development and implementation of watershed projects meeting the criteria set forth in section 122; and (8) to any municipality or intermunicipal, interstate, or State agency for measures to reduce the energy consumption needs for publicly owned treatment works, including the implementation of energy-efficient or renewable-energy generation technologies. . (b) Extended Repayment Period Section 603(d)(1) ( 33 U.S.C. 1383(d)(1) ) is amended— (1) in subparagraph (A) by striking 20 years and inserting the lesser of 30 years or the design life of the project to be financed with the proceeds of the loan ; and (2) in subparagraph (B) by striking not later than 20 years after project completion and inserting upon the expiration of the term of the loan . (c) Fiscal Sustainability Plan Section 603(d)(1) ( 33 U.S.C. 1383(d)(1) ) is further amended— (1) by striking and at the end of subparagraph (C); (2) by inserting and at the end of subparagraph (D); and (3) by adding at the end the following: (E) for any portion of a treatment works proposed for repair, replacement, or expansion, and eligible for assistance under section 603(c)(1), the recipient of a loan will develop and implement a fiscal sustainability plan that includes— (i) an inventory of critical assets that are a part of that portion of the treatment works; (ii) an evaluation of the condition and performance of inventoried assets or asset groupings; (iii) a certification that the recipient has evaluated and will be implementing water and energy conservation efforts as part of the plan; and (iv) a plan for maintaining, repairing, and, as necessary, replacing that portion of the treatment works and a plan for funding such activities; . (d) Administrative Expenses Section 603(d)(7) ( 33 U.S.C. 1383(d)(7) ) is amended by inserting before the period at the end the following: , $400,000 per year, or 1/5 percent per year of the current valuation of the fund, whichever amount is greatest, plus the amount of any fees collected by the State for such purpose regardless of the source . (e) Technical and Planning Assistance for Small Systems Section 603(d) (33 U.S.C. 1383(d)) is amended— (1) by striking and at the end of paragraph (6); (2) by striking the period at the end of paragraph (7) and inserting a semicolon; and (3) by adding at the end the following: (8) to provide grants to owners and operators of treatment works that serve a population of 10,000 or fewer for obtaining technical and planning assistance and assistance in financial management, user fee analysis, budgeting, capital improvement planning, facility operation and maintenance, equipment replacement, repair schedules, and other activities to improve wastewater treatment plant management and operations, except that the total amount provided by the State in grants under this paragraph for a fiscal year may not exceed one percent of the total amount of assistance provided by the State from the fund in the preceding fiscal year, or 2 percent of the total amount received by the State in capitalization grants under this title in the preceding fiscal year, whichever amount is greatest; and (9) to provide grants to owners and operators of treatment works for conducting an assessment of the energy and water consumption of the treatment works, and evaluating potential opportunities for energy and water conservation through facility operation and maintenance, equipment replacement, and projects or activities that promote the efficient use of energy and water by the treatment works, except that the total amount provided by the State in grants under this paragraph for a fiscal year may not exceed one percent of the total amount of assistance provided by the State from the fund in the preceding fiscal year, or 2 percent of the total amount received by the State in capitalization grants under this title in the preceding fiscal year, whichever amount is greatest. . (f) Additional Subsidization Section 603 ( 33 U.S.C. 1383 ) is amended by adding at the end the following: (i) Additional Subsidization (1) In general In any case in which a State provides assistance to a municipality or intermunicipal, interstate, or State agency under subsection (d), the State may provide additional subsidization, including forgiveness of principal and negative interest loans— (A) to benefit a municipality that— (i) meets the State’s affordability criteria established under paragraph (2); or (ii) does not meet the State’s affordability criteria if the recipient— (I) seeks additional subsidization to benefit individual ratepayers in the residential user rate class; (II) demonstrates to the State that such ratepayers will experience a significant hardship from the increase in rates necessary to finance the project or activity for which assistance is sought; and (III) ensures, as part of an assistance agreement between the State and the recipient, that the additional subsidization provided under this paragraph is directed through a user charge rate system (or other appropriate method) to such ratepayers; or (B) to implement a process, material, technique, or technology to address water-efficiency goals, address energy-efficiency goals, mitigate stormwater runoff, or encourage environmentally sustainable project planning, design, and construction. (2) Affordability criteria (A) Establishment On or before September 30, 2014, and after providing notice and an opportunity for public comment, a State shall establish affordability criteria to assist in identifying municipalities that would experience a significant hardship raising the revenue necessary to finance a project or activity eligible for assistance under section 603(c)(1) if additional subsidization is not provided. Such criteria shall be based on income data, population trends, and other data determined relevant by the State, including whether the project or activity is to be carried out in an economically distressed area, as described in section 301 of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3161 ). (B) Existing criteria If a State has previously established, after providing notice and an opportunity for public comment, affordability criteria that meet the requirements of subparagraph (A), the State may use the criteria for the purposes of this subsection. For purposes of this Act, any such criteria shall be treated as affordability criteria established under this paragraph. (C) Information to assist states The Administrator may publish information to assist States in establishing affordability criteria under subparagraph (A). (3) Priority A State may give priority to a recipient for a project or activity eligible for funding under section 603(c)(1) if the recipient meets the State’s affordability criteria. (4) Set-aside (A) In general In any fiscal year in which the Administrator has available for obligation more than $1,000,000,000 for the purposes of this title, a State shall provide additional subsidization under this subsection in the amount specified in subparagraph (B) to eligible entities described in paragraph (1) for projects and activities identified in the State’s intended use plan prepared under section 606(c) to the extent that there are sufficient applications for such assistance. (B) Amount In a fiscal year described in subparagraph (A), a State shall set aside for purposes of subparagraph (A) an amount not less than 25 percent of the difference between— (i) the total amount that would have been allotted to the State under section 604 for such fiscal year if the amount available to the Administrator for obligation under this title for such fiscal year had been equal to $1,000,000,000; and (ii) the total amount allotted to the State under section 604 for such fiscal year. (5) Limitation The total amount of additional subsidization provided under this subsection by a State may not exceed 30 percent of the total amount of capitalization grants received by the State under this title in fiscal years beginning after September 30, 2013. . 1304. Allotment of funds (a) In General Section 604(a) ( 33 U.S.C. 1384(a) ) is amended to read as follows: (a) Allotments (1) Fiscal years 2014 and 2015 Sums appropriated to carry out this title for each of fiscal years 2014 and 2015 shall be allotted by the Administrator in accordance with the formula used to allot sums appropriated to carry out this title for fiscal year 2013. (2) Fiscal year 2016 and thereafter Sums appropriated to carry out this title for fiscal year 2016 and each fiscal year thereafter shall be allotted by the Administrator as follows: (A) Amounts that do not exceed $1,350,000,000 shall be allotted in accordance with the formula described in paragraph (1). (B) Amounts that exceed $1,350,000,000 shall be allotted in accordance with the formula developed by the Administrator under subsection (d). . (b) Planning Assistance Section 604(b) ( 33 U.S.C. 1384(b) ) is amended by striking 1 percent and inserting 2 percent . (c) Formula Section 604 ( 33 U.S.C. 1384 ) is amended by adding at the end the following: (d) Formula Based on Water Quality Needs Not later than September 30, 2015, and after providing notice and an opportunity for public comment, the Administrator shall publish an allotment formula based on water quality needs in accordance with the most recent survey of needs developed by the Administrator under section 516(b) and any other information the Administrator considers appropriate. . 1305. Intended use plan (a) Integrated Priority List Section 603(g) ( 33 U.S.C. 1383(g) ) is amended to read as follows: (g) Priority List (1) In general For fiscal year 2015 and each fiscal year thereafter, a State shall establish or update a list of projects and activities for which assistance is sought from the State’s water pollution control revolving fund. Such projects and activities shall be listed in priority order based on the methodology established under paragraph (2). The State may provide financial assistance from the State’s water pollution control revolving fund only with respect to a project or activity included on such list. In the case of projects and activities eligible for assistance under section 603(c)(2), the State may include a category or subcategory of nonpoint sources of pollution on such list in lieu of a specific project or activity. (2) Methodology (A) In general Not later than 1 year after the date of enactment of this paragraph, and after providing notice and opportunity for public comment, each State (acting through the State’s water quality management agency and other appropriate agencies of the State) shall establish a methodology for developing a priority list under paragraph (1). (B) Priority for projects and activities that achieve greatest water quality improvement In developing the methodology, the State shall seek to achieve the greatest degree of water quality improvement, taking into consideration the requirements of section 602(b)(5) and section 603(i)(3), whether such water quality improvements would be realized without assistance under this title, and whether the proposed projects and activities would address water quality impairments associated with existing treatment works. (C) Considerations in selecting projects and activities In determining which projects and activities will achieve the greatest degree of water quality improvement, the State shall consider— (i) information developed by the State under sections 303(d) and 305(b); (ii) the State’s continuing planning process developed under section 303(e); (iii) the State’s management program developed under section 319; and (iv) conservation and management plans developed under section 320. (D) Nonpoint sources For categories or subcategories of nonpoint sources of pollution that a State may include on its priority list under paragraph (1), the State shall consider the cumulative water quality improvements associated with projects or activities in such categories or subcategories. (E) Existing methodologies If a State has previously developed, after providing notice and an opportunity for public comment, a methodology that meets the requirements of this paragraph, the State may use the methodology for the purposes of this subsection. . (b) Intended Use Plan Section 606(c) ( 33 U.S.C. 1386(c) ) is amended— (1) in the matter preceding paragraph (1) by striking each State shall annually prepare and inserting each State (acting through the State’s water quality management agency and other appropriate agencies of the State) shall annually prepare and publish ; (2) by striking paragraph (1) and inserting the following: (1) the State’s priority list developed under section 603(g); ; (3) in paragraph (4)— (A) by striking and (6) and inserting (6), (15), and (17) ; and (B) by striking and at the end; (4) by striking the period at the end of paragraph (5) and inserting ; and ; and (5) by adding at the end the following: (6) if the State does not fund projects and activities in the order of the priority established under section 603(g), an explanation of why such a change in order is appropriate. . (c) Transitional Provision Before completion of a priority list based on a methodology established under section 603(g) of the Federal Water Pollution Control Act (as amended by this section), a State shall continue to comply with the requirements of sections 603(g) and 606(c) of such Act, as in effect on the day before the date of enactment of this Act. 1306. Annual reports Section 606(d) (33 U.S.C. 1386(d)) is amended— (1) by striking (d) Annual report.— Beginning and inserting the following: (d) Annual Reports (1) State report Beginning ; (2) in paragraph (1) (as so designated) by striking loan amounts, and inserting loan amounts, the eligible purposes under section 603(c) for which the assistance has been provided, ; and (3) by adding at the end the following: (2) Federal report The Administrator shall annually prepare, and make publicly available, a report on the performance of the projects and activities carried out in whole or in part with assistance made available by a State water pollution control revolving fund as authorized under this title during the previous fiscal year, including— (A) the annual and cumulative financial assistance provided to States under this title; (B) the categories and types of such projects and activities; (C) an estimate of the number of jobs created through carrying out such projects and activities; (D) an assessment of the progress made toward meeting the goals and purposes of this Act through such projects and activities; and (E) any additional information that the Administrator considers appropriate. . 1307. Technical assistance; requirements for use of American materials Title VI ( 33 U.S.C. 1381 et seq. ) is amended— (1) by redesignating section 607 as section 610; and (2) by inserting after section 606 the following: 607. Technical assistance (a) Simplified Procedures Not later than 1 year after the date of enactment of this section, the Administrator shall assist the States in establishing simplified procedures for treatment works to obtain assistance under this title. (b) Publication of Manual Not later than 2 years after the date of the enactment of this section, and after providing notice and opportunity for public comment, the Administrator shall publish a manual to assist treatment works in obtaining assistance under this title and publish in the Federal Register notice of the availability of the manual. (c) Compliance criteria At the request of any State, the Administrator, after providing notice and an opportunity for public comment, shall assist in the development of criteria for a State to determine compliance with the conditions of funding assistance established under sections 602(b)(13) and 603(d)(1)(E). 608. Buy America (a) In general Notwithstanding any other provision of law, funds made available from a State water pollution control revolving fund established under this title may not be used for a project for the construction of treatment works unless the steel, iron, and manufactured goods used for the project are produced in the United States. (b) Exceptions Subsection (a) shall not apply to a project for the construction of treatment works if the Administrator (in consultation with the Governor of the State in which the treatment works will be constructed) makes a finding that— (1) the steel, iron, or manufactured goods required for the project are a de minimis component of the project, as determined in accordance with regulations to be issued by the Administrator; (2) the steel, iron, or manufactured goods required for the project are not produced in the United States— (A) in sufficient and reasonably available quantities; or (B) to a satisfactory quality; or (3) the use of steel, iron, and manufactured goods produced in the United States for the project will increase the total cost of the project by more than 25 percent. (c) Waiver requirements (1) Public notification and opportunity for comment (A) In general At least 30 days before making a finding under subsection (b), the Administrator shall provide notice of and an opportunity for public comment on the finding. (B) Notice requirements Any notice provided under this subparagraph shall— (i) include a justification for the proposed finding; and (ii) be provided by electronic means, including on the Internet. (2) Detailed justification in Federal Register If the Administrator makes a finding under subsection (b), the Administrator shall— (A) publish in the Federal Register a detailed justification for the finding; and (B) provide notice of and an opportunity for public comment on the detailed justification at least 30 days before the finding takes effect. (3) Annual report Not later than February 1 of each year beginning after the date of enactment of this section, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that— (A) specifies each project with respect to which the Administrator made a finding under subsection (b) during the preceding calendar year; and (B) describes the justification for each such finding. (d) State requirements The Administrator may not impose a limitation or condition on assistance provided under this title that restricts— (1) a State from imposing requirements that are more stringent than those imposed under this section with respect to limiting the use of articles, materials, or supplies mined, produced, or manufactured in foreign countries for projects carried out with such assistance; or (2) any recipient of assistance from a State water pollution control revolving fund established under this title from complying with such State requirements. (e) Intentional violations Pursuant to procedures established under subpart 9.4 of chapter 1 of title 48, Code of Federal Regulations, a person shall be ineligible to receive a contract or subcontract funded with amounts made available from a State water pollution control revolving fund established under this title if the Administrator or a court determines that such person intentionally— (1) affixed a label bearing a Made in America inscription, or any inscription with the same meaning, to any steel, iron, or manufactured goods that— (A) were used in a project to which this section applies; and (B) were not produced in the United States; or (2) represented that any steel, iron, or manufactured goods were produced in the United States that— (A) were used in projects to which this section applies; and (B) were not produced in the United States. (f) Consistency with international agreements (1) In general This section shall be applied in a manner that is consistent with United States obligations under international agreements. (2) Treatment of foreign countries in violation of international agreements The Administrator shall prohibit the use of steel, iron, and manufactured goods produced in a foreign country in a project funded with amounts made available from a State water pollution control revolving fund established under this title, including any project for which the Administrator has made a finding under subsection (b), if the Administrator, in consultation with the United States Trade Representative, determines that the foreign country is in violation of the terms of an agreement with the United States by discriminating against steel, iron, or manufactured goods that are produced in the United States and covered by the agreement. . 1308. Economic hardship waiver Notwithstanding the requirements of section 602(b)(2) of the Federal Water Pollution Control Act ( 33 U.S.C. 1382(b)(2) ), for fiscal years 2014 and 2015, the Administrator of the Environmental Protection Agency may waive the requirement that a State deposit an amount equal to 20 percent of the State’s annual capitalization grant into the State’s water pollution control revolving fund established under title VI of that Act if the Administrator determines that the State is currently experiencing a local, statewide, or regional economic hardship and that providing such a deposit would adversely impact the State’s ability to restore and maintain the chemical, physical, and biological integrity of waters located within the State. 1309. Authorization of appropriations Section 610 (as redesignated by section 1307 of this Act) is amended by striking paragraphs (1) through (5) and inserting the following: (1) $2,400,000,000 for fiscal year 2014; (2) $2,700,000,000 for fiscal year 2015; (3) $2,800,000,000 for fiscal year 2016; (4) $2,900,000,000 for fiscal year 2017; and (5) $3,000,000,000 for fiscal year 2018. . D General Provisions 1401. Definition of treatment works Section 502 ( 33 U.S.C. 1362 ) is amended by adding at the end the following: (26) Treatment works The term treatment works has the meaning given that term in section 212. . 1402. Funding for Indian programs Section 518(c) ( 33 U.S.C. 1377 ) is amended— (1) by striking The Administrator and inserting the following: (1) Fiscal years 1987–2013 The Administrator ; (2) in paragraph (1) (as so designated)— (A) by inserting and ending before October 1, 2013, after 1986, ; and (B) by striking the second sentence; and (3) by adding at the end the following: (2) Fiscal year 2014 and thereafter For fiscal year 2014 and each fiscal year thereafter, the Administrator shall reserve, before allotments to the States under section 604(a), not less than 0.5 percent and not more than 2.0 percent of the funds made available to carry out title VI. (3) Use of funds Funds reserved under this subsection shall be available only for grants for projects and activities eligible for assistance under section 603(c) to serve— (A) Indian tribes (as defined in section 518(h)); (B) former Indian reservations in Oklahoma (as determined by the Secretary of the Interior); and (C) Native villages (as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)). . E Tonnage Duties 1501. Tonnage duties (a) In general Section 60301 of title 46, United States Code, is amended by striking subsections (a) and (b) and inserting the following: (a) Lower rate (1) Imposition of duty A duty is imposed at the rate described in paragraph (2) at each entry in a port of the United States of— (A) a vessel entering from a foreign port or place in North America, Central America, the West Indies Islands, the Bahama Islands, the Bermuda Islands, or the coast of South America bordering the Caribbean Sea; or (B) a vessel returning to the same port or place in the United States from which it departed, and not entering the United States from another port or place, except— (i) a vessel of the United States; (ii) a recreational vessel (as defined in section 2101 of this title); or (iii) a barge. (2) Rate The rate referred to in paragraph (1) shall be— (A) 9.0 cents per ton (but not more than a total of 45 cents per ton per year) for fiscal years 2014 through 2023; and (B) 2 cents per ton (but not more than a total of 10 cents per ton per year) for each fiscal year thereafter. (b) Higher rate (1) Imposition of duty A duty is imposed at the rate described in paragraph (2) on a vessel at each entry in a port of the United States from a foreign port or place not named in subsection (a)(1). (2) Rate The rate referred to in paragraph (1) shall be— (A) 27 cents per ton (but not more than a total of $1.35 per ton per year) for fiscal years 2014 through 2023; and (B) 6 cents per ton (but not more than a total of 30 cents per ton per year) for each fiscal year thereafter. . (b) Conforming amendments Such title is further amended— (1) by striking the heading for subtitle VI and inserting the following: VI Clearance and Tonnage Duties ; (2) in the heading for chapter 603, by striking Taxes and inserting Duties ; (3) in the headings of sections in chapter 603, by striking taxes each place it appears and inserting duties ; (4) in the heading for subsection (a) of section 60303, by striking tax and inserting duty ; (5) in the text of sections in chapter 603, by striking taxes each place it appears and inserting duties ; and (6) in the text of sections in chapter 603, by striking tax each place it appears and inserting duty . (c) Clerical amendments Such title is further amended— (1) in the title analysis by striking the item relating to subtitle VI and inserting the following: VI. CLEARANCE AND TONNAGE DUTIES 60101 ; (2) in the analysis for subtitle VI by striking the item relating to chapter 603 and inserting the following: 603. Tonnage Duties and Light Money 60301 ; and (3) in the analysis for chapter 603— (A) by striking the items relating to sections 60301 and 60302 and inserting the following: 60301. Regular tonnage duties. 60302. Special tonnage duties. ; and (B) by striking the item relating to section 60304 and inserting the following: 60304. Presidential suspension of tonnage duties and light money. . II Alternative Water Source Projects 2001. Pilot program for alternative water source projects (a) Selection of projects Section 220(d)(2) ( 33 U.S.C. 1300(d)(2) ) is amended by inserting before the period at the end the following: or whether the project is located in an area which is served by a public water system serving 10,000 individuals or fewer . (b) Authorization of appropriations Section 220(j) ( 33 U.S.C. 1300(j) ) is amended by striking $75,000,000 for fiscal years 2002 through 2004 and inserting $50,000,000 for each of fiscal years 2014 through 2018 . III Sewer Overflow Control Grants 3001. Sewer overflow control grants (a) Administrative Requirements Section 221(e) ( 33 U.S.C. 1301(e) ) is amended to read as follows: (e) Administrative Requirements A project that receives assistance under this section shall be carried out subject to the same requirements as a project that receives assistance from a State water pollution control revolving fund under title VI, except to the extent that the Governor of the State in which the project is located determines that a requirement of title VI is inconsistent with the purposes of this section. For the purposes of this subsection, a Governor may not determine that the requirements of title VI relating to the application of section 513 are inconsistent with the purposes of this section. . (b) Authorization of appropriations Section 221(f) ( 33 U.S.C. 1301(f) ) is amended to read as follows: (f) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section $500,000,000 for each of fiscal years 2014 through 2018. (2) Minimum allocations To the extent there are sufficient eligible project applications, the Administrator shall ensure that a State uses not less than 20 percent of the amount of the grants made to the State under subsection (a) in a fiscal year to carry out projects to control municipal combined sewer overflows and sanitary sewer overflows through the use of green infrastructure, water and energy efficiency improvements, and other environmentally innovative activities. . (c) Allocation of funds Section 221(g) of such Act ( 33 U.S.C. 1301(g) ) is amended to read as follows: (g) Allocation of funds (1) Fiscal year 2014 Subject to subsection (h), the Administrator shall use the amounts appropriated to carry out this section for fiscal year 2014 for making grants to municipalities and municipal entities under subsection (a)(2) in accordance with the criteria set forth in subsection (b). (2) Fiscal year 2015 and thereafter Subject to subsection (h), the Administrator shall use the amounts appropriated to carry out this section for fiscal year 2015 and each fiscal year thereafter for making grants to States under subsection (a)(1) in accordance with a formula to be established by the Administrator, after providing notice and an opportunity for public comment, that allocates to each State a proportional share of such amounts based on the total needs of the State for municipal combined sewer overflow controls and sanitary sewer overflow controls identified in the most recent survey conducted pursuant to section 516 and any other information the Administrator considers appropriate. . (d) Reports The first sentence of section 221(i) ( 33 U.S.C. 1301(i) ) is amended by striking 2003 and inserting 2015 . IV Clean Water Trust Fund 4001. Establishment of Clean Water Trust Fund Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to the establishment of trust funds) is amended by adding at the end the following new section: 9512. Clean Water 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 Clean Water Trust Fund , consisting of such amounts as may be appropriated or credited to the Fund as provided in this section or section 9602(b). (b) Transfers to trust fund There are hereby appropriated to the Clean Water Trust Fund amounts equivalent to— (1) fees, taxes, or other sources of revenue specifically collected and deposited in the Fund or received in the Treasury for the purposes provided in this section; and (2) any penalty paid pursuant to section 309 of the Federal Water Pollution Control Act (33 U.S.C. 1319) (other than those that result of violations of section 311 of such Act). (c) Appropriation of additional sums There are hereby authorized to be appropriated to the Clean Water Trust Fund such additional sums as may be required to make the expenditures referred to in subsection (d). (d) Expenditures Amounts in the Clean Water Trust Fund shall be available, as provided in appropriations Acts, for the following purposes: (1) Capitalization grants under section 601 of the Federal Water Pollution Control Act ( 33 U.S.C. 1381 ). (2) Grants to States and interstate agencies under section 106(a) of that Act (33 U.S.C. 1256(a)). (3) Grants under sections 104(b) and 104(g) of that Act ( 33 U.S.C. 1254(b) and 1254(g)). (4) To cover the cost of making direct loans or guaranteeing obligations authorized under the Water Pollution Control Investment Act . . 4002. Allocation of funds Title VI (as amended by section 1307 of this Act) is further amended by inserting after section 608 the following: 609. Clean Water Trust Fund (a) Allocation of funds The Administrator shall allocate funds made available for a fiscal year out of the Clean Water Trust Fund established by section 9512 of the Internal Revenue Code of 1986 among eligible programs and activities as follows: (1) 80 percent for capitalization grants under section 604. (2) 10 percent to cover the cost of making direct loans or guaranteeing obligations authorized under the Water Pollution Control Investment Act . (3) 7.5 percent for grants to States and interstate agencies under section 106(a). (4) 2.5 percent for grants under sections 104(b) and 104(g). (b) Amounts made available for capitalization grants To the extent there are sufficient applications, not less than 30 percent of the amounts allocated for capitalization grants under subsection (a)(1) shall be used for one or more of the following purposes: (1) Projects or activities to address green infrastructure. (2) Water or energy efficiency improvements or other environmentally sustainable activities. (3) The implementation of best management practices or measures identified in an approved nonpoint source management program under section 319. . 4003. Revenues for Clean Water Trust Fund (a) Study on identification of revenues Not later than 45 days after the date of enactment of this Act, the Director of the Congressional Budget Office, in consultation with the Administrator of the Environmental Protection Agency and the Secretary of the Treasury, shall undertake a study of potential funding mechanisms and revenue sources for the Clean Water Trust Fund established by section 9512(d) of the Internal Revenue Code of 1986 (as added by this Act) that are sufficient to support annual funding levels of at least $10,000,000,000 for the purposes identified in section 9512(d) of that Act. (b) Conduct of study In carrying out the study, the Director shall— (1) take into consideration whether potential funding mechanisms and revenue sources— (A) are broad based; (B) are equitably allocated; and (C) can be efficiently collected; (2) review and, to the extent practicable, utilize existing studies and reports on potential sources of revenue for a clean water trust fund, including— (A) the report of the Government Accountability Office entitled Clean Water Infrastructure: A Variety of Issues Need to Be Considered When Designing a Clean Water Trust Fund (GAO–09–037, May 2009); and (B) the report of the Environmental Protection Agency entitled Alternative Funding Study: Water Quality Fees and Debt Financing Issues (EPA 832–R–96–001, June 1996); (3) consult with Federal, State, tribal, and local agencies, representatives of business and industry, representatives of entities operating publicly owned treatment works, representatives of conservation and environmental organizations, representatives of ratepayer organizations, and other interested persons; and (4) provide the opportunity for public hearings. (c) Report to Congress Not later than 1 year after the date of enactment of this Act, the Director shall submit a report on the results of the study to— (1) the Committee on Transportation and Infrastructure, the Committee on Ways and Means, and the Committee on the Budget of the House of Representatives; and (2) the Committee on Environment and Public Works, the Committee on Finance, and the Committee on the Budget of the Senate. V Water Pollution Control Investment 5001. Short title This title may be cited as the Water Pollution Control Investment Act . 5002. Definitions In this title, the following definitions apply: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Borrower The term borrower means a person who owes payments of interest or principal on an obligation guaranteed under this title. (3) Cost of a direct loan The term cost of a direct loan means the cost of a direct loan as that term is used in section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)). (4) Cost of a guarantee The term cost of a guarantee means the cost of a loan guarantee as that term is used in section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)). (5) Direct loan The term direct loan has the meaning given that term in section 502 of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661a ). (6) Guarantee (A) In general The term guarantee has the meaning given the term loan guarantee in section 502 of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661a ). (B) Inclusion The term guarantee includes a loan guarantee commitment (as that term is defined in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a)). (7) Large water infrastructure project (A) In general The term large water infrastructure project means a project for construction of a publicly owned treatment works that qualifies for assistance under section 603(c) of the Federal Water Pollution Control Act ( 33 U.S.C. 1383(c) ), but because of its significant scope and cost is not likely to receive assistance under that Act, as determined by the Administrator. (B) Guidelines The Administrator shall issue guidelines for determining whether a project qualifies as a large water infrastructure project. (8) Obligation The term obligation means a loan or other debt obligation. (9) State infrastructure financing authority The term State infrastructure financing authority means the State entity established or designated by the Governor of a State to receive a capitalization grant provided by, or otherwise carry out the requirements of, title VI of the Federal Water Pollution Control Act ( 33 U.S.C. 1381 et seq. ). 5003. Direct loans (a) In general (1) Use of loans The Administrator may make a direct loan to a State infrastructure financing authority for use in the same manner, and subject to the same terms and conditions (unless otherwise specified in this section), as a capitalization grant made under section 601 of the Federal Water Pollution Control Act ( 33 U.S.C. 1831 ). (2) Terms and conditions The Administrator may make a loan under this section on such terms and conditions (including requirements for audits) as the Administrator determines appropriate. (b) Loan requirements (1) Maximum amount The amount of a loan made under this section to a State infrastructure financing authority shall not exceed the applicable percentage for the State establishing such authority of the total amount available under this title for disbursement, based on the allotment for the State in accordance with section 604 of the Federal Water Pollution Control Act ( 33 U.S.C. 1384 ). (2) Term of loan The final maturity date of a loan made under this section shall not be later than 35 years after the date on which funds are disbursed to a State infrastructure financing authority. (3) Interest rate The Administrator may make a loan under this section only if the Administrator determines that the interest rate on the loan is appropriate, taking into account the prevailing rate of interest in the private sector for similar loans. (4) Security The Administrator shall require a State infrastructure financing authority receiving a loan under this section to use a rate covenant, coverage requirement, or similar security feature adequate to ensure loan repayment. (5) Repayment (A) Schedule The Administrator shall set a repayment schedule for each loan made under this section based on the projected cash flow to the State infrastructure financing authority, including consideration of the effect on such cash flow of the security features described in paragraph (4). (B) Commencement Scheduled loan repayments of principal or interest on a loan made under this section shall commence not later than 5 years after the date on which the loan is made. (C) Deferral of payments (i) In general If the Administrator determines that a State infrastructure financing authority lacks the resources to make scheduled payments on a loan made under this section based on circumstances not foreseeable at the time the loan is made, the Administrator may allow for the deferral of such payments. (ii) Interest Any payment deferred under clause (i) shall— (I) continue to accrue interest until fully repaid; and (II) be amortized over the remaining term of the loan. (D) Prepayment Payments on the loan may be made in advance with no penalty. (c) Sale of loans After notifying the State infrastructure financing authority, the Administrator, in consultation with the Secretary of the Treasury, may sell a loan made under this section, if the Administrator determines that the sale can be made on favorable terms. (d) Conforming requirements The requirements of sections 211, 511(c)(1), and 513 of the Federal Water Pollution Control Act ( 33 U.S.C. 1291 , 1371(c)(2), and 1372) apply to the construction of a project carried out in whole or in part with assistance made available through a loan under this section in the same manner as treatment works for which grants are made available under the Federal Water Pollution Control Act. (e) Fees The Administrator shall charge and collect fees from State infrastructure financing authorities receiving loans under this section in amounts the Administrator determines are sufficient to cover the administrative expenses associated with carrying out this section and, as provided in advance in appropriations Acts, use such amounts to cover such expenses. (f) Records; Audits (1) In general A State infrastructure financing authority receiving a loan under this section shall keep such records and other pertinent documents as the Administrator shall prescribe by regulation, including such records as the Administrator may require to facilitate an effective audit of loans made under this section. (2) Access The Administrator and the Comptroller General of the United States, or their duly authorized representatives, shall have access, for the purpose of audits, to records and other pertinent documents kept under paragraph (1). 5004. Guarantees (a) In general (1) Use of guarantees The Administrator may make a guarantee under this title for an obligation for construction of a large water infrastructure project in accordance with the requirements of this section. (2) Selection criteria (A) Establishment The Administrator shall establish criteria for selecting among large water infrastructure projects in making guarantees under this title. (B) Criteria In establishing selection criteria under this paragraph, the Administrator shall include consideration of the following: (i) The extent to which the project is nationally or regionally significant. (ii) The creditworthiness of the project, including a determination by the Administrator that any financing has appropriate features to ensure repayment. (iii) The extent to which the project uses new technologies that enhance the environmental benefits of the project. (iv) The cost of a guarantee under this title. (v) The extent to which the project helps restore, maintain, or protect the environment. (3) Fiscal year limitation The Administrator may not utilize more than 10 percent of the funds made available under this title for a fiscal year to make guarantees under this section during that fiscal year. (4) Terms and conditions The Administrator may make a guarantee for a large water infrastructure project under this title on such terms and conditions (including requirements for audits) as the Administrator determines appropriate. (5) Security The Administrator shall require a borrower to use a rate covenant, coverage requirement, or similar security feature adequate to ensure repayment of the obligation. (b) Guarantee requirements (1) Probability of repayment The Administrator may make a guarantee under this title only if the Administrator determines that there is a high probability of repayment by the borrower of the principal and interest on the obligation. (2) Amount (A) Percentage of total cost The Administrator may make a guarantee under this title only if the amount of the obligation does not exceed 75 percent of the total cost of the large water infrastructure project, as estimated at the time at which the guarantee is issued. (B) Sufficiency The Administrator may make a guarantee under this title only if the Administrator determines that the amount of the obligation, when combined with amounts available from other sources, will be sufficient to carry out the project. (3) Nonsubordination The Administrator may make a guarantee under this title only if the guarantee is not subordinate to other financing. (4) Interest rate The Administrator may make a guarantee under this title only if the Administrator determines that the interest rate on the obligation is appropriate, taking into account the prevailing rate of interest in the private sector for similar obligations. (5) Term The Administrator may make a guarantee under this title only if— (A) repayment of the obligation is required over a period not to exceed the lesser of— (i) 35 years; or (ii) 90 percent of the projected useful life of the large water infrastructure project to be financed by the obligation (as determined by the Administrator); and (B) payments on the obligation are scheduled to commence not later than 5 years after the date of substantial completion of the large water infrastructure project. (c) Conforming requirements (1) Fiscal sustainability plan The Administrator may make a guarantee for a large water infrastructure project under this title only if the owner or operator of such project commits to develop and implement a fiscal sustainability plan that meets the requirements of section 603(d)(1)(E) of the Federal Water Pollution Control Act, as added by this Act. (2) Priority list The Administrator may make a guarantee for a large water infrastructure project under this title only if such project is on a State priority list under section 603(g) of the Federal Water Pollution Control Act ( 33 U.S.C. 1383(g) ), as amended by this Act. (3) Additional requirements The requirements of sections 211, 511(c)(1), and 513 of the Federal Water Pollution Control Act ( 33 U.S.C. 1291 , 1371(c)(2), and 1372) apply to the construction of a large water infrastructure project carried out in whole or in part with financing made available through an obligation guaranteed under this title in the same manner as treatment works for which grants are made available under the Federal Water Pollution Control Act. (d) Defaults (1) Payment by Administrator (A) In general If a borrower defaults on an obligation guaranteed under this title (as defined in regulations promulgated by the Administrator and specified in the guarantee contract), the holder of the guarantee shall have the right to demand payment of the unpaid amount from the Administrator. (B) Payment required Within such period as may be specified in the guarantee or related agreements, the Administrator shall pay to the holder of a guarantee the unpaid interest on, and unpaid principal of, the obligation guaranteed under this title as to which the borrower has defaulted, unless the Administrator finds that there was no default by the borrower in the payment of interest or principal or that the default has been remedied. (C) Forbearance Nothing in this subsection precludes any forbearance by the holder of a guarantee for the benefit of the borrower which may be agreed upon by the parties to the obligation and approved by the Administrator. (2) Subrogation (A) In general If the Administrator makes a payment under paragraph (1), the Administrator shall be subrogated to the rights of the holder of the guarantee as specified in the guarantee or related agreements. (B) Superiority of rights The rights of the Administrator, with respect to any property acquired pursuant to a guarantee or related agreements, shall be superior to the rights of any other person with respect to the property. (e) Payment of principal and interest by Administrator (1) In general With respect to any obligation guaranteed under this title, the Administrator may enter into a contract to pay, and pay, a holder of the guarantee, for and on behalf of the borrower, from funds appropriated for that purpose, the principal and interest payments which become due and payable on the unpaid balance of the obligation if the Administrator finds that— (A) the borrower is unable to meet the payments and is not in default; (B) it is in the public interest to permit the borrower to continue to pursue the purposes of the project; (C) the probable net benefit to the Federal Government in paying the principal and interest will be greater than that which would result in the event of a default; and (D) the State or region in which the project is located is experiencing a period of local or regional economic hardship that has affected the borrower's ability to meet the payments. (2) Amount The amount of the payment that the Administrator is authorized to pay under this subsection shall be no greater than the amount of principal and interest that the borrower is obligated to pay under the obligation. (3) Reimbursement A payment may be made under this subsection only if the borrower agrees to reimburse the Administrator for the payment (including interest) on terms and conditions that are satisfactory to the Administrator. (f) Fees The Administrator shall charge and collect fees from borrowers for guarantees made under this title in amounts the Administrator determines are sufficient to cover the administrative expenses associated with carrying out this title and, as provided in advance in appropriations Acts, use such amounts to cover such expenses. (g) Records; audits (1) In general A borrower shall keep such records and other pertinent documents as the Administrator shall prescribe by regulation, including such records as the Administrator may require to facilitate an effective audit of guarantees made under this title. (2) Access The Administrator and the Comptroller General of the United States, or their duly authorized representatives, shall have access, for the purpose of audits, to records and other pertinent documents kept under paragraph (1). (h) Full faith and credit The full faith and credit of the United States is pledged to the payment of all guarantees made under this title. | https://www.govinfo.gov/content/pkg/BILLS-113hr1877ih/xml/BILLS-113hr1877ih.xml |
113-hr-1878 | I 113th CONGRESS 1st Session H. R. 1878 IN THE HOUSE OF REPRESENTATIVES May 8, 2013 Mr. Diaz-Balart (for himself, Mr. Sires , Mr. Blumenauer , Ms. Norton , Mr. Denham , Mr. Fitzpatrick , Mr. Connolly , Mr. Gibson , and Mr. Palazzo ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to enhance existing programs providing mitigation assistance by encouraging States to adopt and actively enforce State building codes, and for other purposes.
1. Short title This Act may be cited as the Safe Building Code Incentive Act of 2013 . 2. Findings Congress finds that— (1) mitigation planning is the foundation for saving lives, protecting residential and commercial properties, and developing disaster resistant communities; (2) recent studies of the performance of building structures during disasters have demonstrated that the adoption and active enforcement of State building codes have greatly reduced residential and commercial property damage and personal injury resulting from major disasters; (3) modern building codes govern all aspects of construction and are designed to ensure that single-family residential dwellings and commercial structures are protected from natural disasters; (4) the people of the United States rely on active enforcement of modern building codes for assurance that minimum standards for reducing personal injuries and property damages have been met in the buildings they live in, work in, and visit every day; (5) active enforcement of building codes plays an increasingly important role in public safety and loss prevention of residential and commercial property; (6) active enforcement of building codes based on nationally recognized models reduces the need for public disaster aid, creates sustainable communities, promotes a level and consistent playing field for design professionals, suppliers, and builders, and can contribute to the durability of residential and commercial structures; (7) under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Federal Emergency Management Agency provides Federal assistance to States for mitigation efforts; (8) it is beneficial and appropriate to expand Federal mitigation assistance to encourage States to take a comprehensive and integrated approach to disaster loss reduction; and (9) it is beneficial to the Federal Government and appropriate that Federal mitigation assistance be used to encourage the adoption and active enforcement of State building codes as a disaster mitigation strategy under the auspices of a comprehensive disaster loss reduction plan. 3. Purposes The purposes of this Act are to— (1) substantially mitigate the occurrence of loss to residential and commercial property, reduce and minimize damage when losses to residential and commercial property occur, improve the quality and value of residential and commercial property, and reduce the need for public disaster aid; (2) provide incentives for the adoption and active enforcement of State building codes; (3) encourage States to continue their key responsibility to coordinate all State and local activities relating to hazard evaluation and mitigation, as specified in section 201.3(c) of title 44, Code of Federal Regulations, through the adoption and active enforcement of State building codes; and (4) encourage States to require that local governments use a current version of a nationally applicable model building code that address natural hazards as a basis for design and construction of State-sponsored mitigation projects described in section 201.5(b)(4)(iv) of title 44, Code of Federal Regulations. 4. Additional mitigation assistance (a) In general Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c) is amended by adding at the end the following: (d) Additional mitigation assistance (1) In general If, at the time of a declaration of a major disaster, the affected State has in effect and is actively enforcing throughout the State a State building code that satisfies the conditions in paragraph (2), the President may increase the maximum total of contributions under this section for the major disaster, as specified in subsection (a) and section 322(e), by an amount equal to 4 percent of the estimated aggregate amount of grants to be made (less any associated administrative costs) under this Act with respect to the major disaster. (2) Submission To be eligible for an increased Federal share under paragraph (1), a State shall certify to the President that the State has a building code that— (A) is consistent with the most recent version of a nationally recognized model building code; (B) has been adopted by the State within 6 years of the most recent version of the nationally recognized model building code; and (C) uses the nationally recognized model building code as a minimum standard. (3) Approval The President shall approve the additional assistance under this section, if the President determines that the certification of the State provided under paragraph (2) is sufficient and is submitted not later than 90 days after the date of a declared disaster. (4) Periodic updates The President, acting through the Administrator, shall set appropriate standards, by regulation, for the periodic update, resubmittal, and approval of a State building code approved by the President in accordance with paragraph (3) that are consistent with similar requirements related to mitigation planning under section 322. (5) Definitions In this subsection, the following definitions apply: (A) Actively enforcing The term actively enforcing means effective jurisdictional execution of all phases of a State building code in the process of examination and approval of construction plans, specifications, and technical data and the inspection of new construction or renovation. (B) Nationally recognized model building code The term nationally recognized model building code means a building code for residential and commercial construction and construction materials that— (i) has been developed and published by a code organization in an open consensus type forum with input from national experts; and (ii) is based on national structural design standards that establish minimum acceptable criteria for the design, construction, and maintenance of residential and commercial buildings for the purpose of protecting the health, safety, and general welfare of the building’s users against natural disasters. (C) State building code The term State building code means requirements and associated standards for residential and commercial construction and construction materials that are implemented on a statewide basis by ordinance, resolution, law, housing or building code, or zoning ordinance. At a minimum, such requirements and associated standards shall apply— (i) to construction-related activities of residential building contractors applicable to single-family and 2-family residential structures; and (ii) to construction-related activities of engineers, architects, designers, and commercial building contractors applicable to the structural safety, design, and construction of commercial, industrial, and multifamily structures. (6) Regulations Not later than 180 days after the date of enactment of this subsection, the President, acting through the Administrator of the Federal Emergency Management Agency, shall issue such regulations as may be necessary to carry out this subsection. . (b) Applicability Section 404(d) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as added by this section, shall apply to major disasters declared on or after October 24, 2012. Major disasters declared during the period beginning on October 24, 2012, and ending on the date of enactment of this Act, shall have 90 days from date of enactment of this Act to submit the certification required under 404(d)(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as added by this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1878ih/xml/BILLS-113hr1878ih.xml |
113-hr-1879 | I 113th CONGRESS 1st Session H. R. 1879 IN THE HOUSE OF REPRESENTATIVES May 8, 2013 Mr. Pearce (for himself and Mr. Reed ) introduced the following bill; which was referred to the Committee on Energy and Commerce , 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 safe disposal of Federal Government-owned transuranic waste for the benefit of all Americans.
1. Short title This Act may be cited as the Government Waste Isolation Pilot Plant Extension Act of 2013 . 2. Extension of waste isolation pilot plant mission The Secretary of Energy shall manage WIPP in such a way as to include, in addition to the disposal of wastes authorized by section 213 of the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1980 ( Public Law 96–164 ; 93 Stat. 1259, 1265), the transportation and disposal of any non-defense Federal Government-owned transuranic waste that can be shown to meet the applicable criteria described in the document entitled Transuranic Waste Acceptance Criteria For The Waste Isolation Pilot Plant , published by the Department of Energy on April 21, 2011, or any successor document. 3. Definitions In this Act: (1) Disposal; transuranic waste The terms disposal and transuranic waste have the meanings given those terms in section 2 of the Waste Isolation Pilot Plant Land Withdrawal Act ( Public Law 102–579 ; 106 Stat. 4777). (2) WIPP The term WIPP means the Waste Isolation Pilot Plant project authorized under section 213 of the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1980 ( Public Law 96–164 ; 93 Stat. 1259, 1265). | https://www.govinfo.gov/content/pkg/BILLS-113hr1879ih/xml/BILLS-113hr1879ih.xml |
113-hr-1880 | I 113th CONGRESS 1st Session H. R. 1880 IN THE HOUSE OF REPRESENTATIVES May 8, 2013 Mr. Amodei (for himself, Mr. Heck of Nevada , Ms. Titus , and Mr. Horsford ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To prohibit an agency or department of the United States from establishing or implementing an internal policy that discourages or prohibits the selection of a resort or vacation destination as the location for a conference or event, and for other purposes.
1. Short title This Act may be cited as the Protecting Resort Cities from Discrimination Act of 2013 . 2. Findings Congress makes the following findings: (1) Tourism, including conventions and meetings, is an important part of the United States economy that generates billions of dollars in tax revenues for many localities. (2) Analysts estimate that approximately 90 percent of employers in the travel industry are small businesses and more than 12 percent of United States employees are employed by the travel industry. (3) Many local economies around the country have developed into destinations for vacationers and conventioneers alike, and those local economies depend on the travel industry to support local employment, create new jobs, and generate tax revenues for critical public services. (4) These same destinations are home to large and small businesses that have unique skills, amenities, and resources for planning and facilitating meetings and conventions for all purposes and, consequently, may deliver value and convenience for individuals and organizations in need of a location for an official event. (5) Locating an official event in such a city frequently may save taxpayer dollars, as compared to other locations. (6) Agencies and departments of the United States have a responsibility to find ways to maximize taxpayer dollars in conducting official business, including planning and conducting official meetings attended by Federal employees. (7) In deciding where to locate an official government meeting by applying this principle of maximizing taxpayer dollars, government officials often will conclude that many locations known as resort destinations also will provide the best value and convenience for official meetings and business. (8) Resort and vacation destination cities tend to be affected disproportionally during economic downturns and, therefore, are especially vulnerable to discrimination by meeting and convention planners, which could exacerbate unemployment and related demands on United States taxpayers. 3. Limitation on certain travel and conference policies of agencies of the United States No agency or department of the United States may establish or implement an internal policy regarding travel, event, meeting, or conference locations that discourages or prohibits the selection of such a location because the location is perceived to be a resort or vacation destination. | https://www.govinfo.gov/content/pkg/BILLS-113hr1880ih/xml/BILLS-113hr1880ih.xml |
113-hr-1881 | I 113th CONGRESS 1st Session H. R. 1881 IN THE HOUSE OF REPRESENTATIVES May 8, 2013 Mr. Bishop of Utah introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committees on Energy and Commerce , Transportation and Infrastructure , 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 stimulate the economy, produce domestic energy, and create jobs at no cost to the taxpayers, and without borrowing money from foreign governments for which our children and grandchildren will be responsible, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Energy Production and Project Delivery 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—Outer Continental Shelf Leasing Sec. 101. Extension of leasing program. Sec. 102. Lease sales. Sec. 103. Applications for permits to drill. Sec. 104. Lease sales for certain areas. Sec. 105. Disposition of revenues. Title II—Leasing Program for Land within Coastal Plain Sec. 201. Definitions. Sec. 202. Leasing program for lands within the Coastal Plain. Sec. 203. Lease sales. Sec. 204. Grant of leases by the Secretary. Sec. 205. Lease terms and conditions. Sec. 206. Policies regarding buying, building, and working for America. Sec. 207. Coastal Plain environmental protection. Sec. 208. Expedited judicial review. Sec. 209. Treatment of revenues. Sec. 210. Rights-of-way across the Coastal Plain. Sec. 211. Conveyance. Title III—Regulatory Streamlining Sec. 301. Jurisdiction over covered energy projects. Sec. 302. Environmental legal fees. Sec. 303. Master leasing plans. Sec. 304. National monuments. Sec. 305. Carbon dioxide and other greenhouse gas emissions reductions in China, India, and Russia. Sec. 306. Employment effects of actions under Clean Air Act. Sec. 307. Endangered species. Sec. 308. Central Valley Project. Sec. 309. Keystone XL permit approval. Sec. 310. Drakes Bay Oyster Company. I Outer Continental Shelf Leasing 101. Extension of leasing program (a) In general Subject to subsection (c), the Draft Proposed Outer Continental Shelf Oil and Gas Leasing Program 2010–2015 issued by the Secretary of the Interior (referred to in this section as the Secretary ) under section 18 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344 ) shall be considered to be the final oil and gas leasing program under that section for the period of fiscal years 2013 through 2018. (b) Final environmental impact statement The Secretary is considered to have issued a final environmental impact statement for the program applicable to the period described in subsection (a) in accordance with all requirements under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ). (c) Exceptions Lease Sales 214, 232, and 239 shall not be included in the final oil and gas leasing program for the period of fiscal years 2013 through 2018. (d) Eastern Gulf of Mexico not included Nothing in this section affects restrictions on oil and gas leasing under the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109–432 ). 102. Lease sales (a) In general Except as otherwise provided in this section, not later than 180 days after the date of enactment of this Act and every 270 days thereafter, the Secretary of the Interior (referred to in this section as the Secretary ) shall conduct a lease sale in each outer Continental Shelf planning area for which the Secretary determines that there is a commercial interest in purchasing Federal oil and gas leases for production on the outer Continental Shelf. (b) Subsequent determinations and sales If the Secretary determines that there is not a commercial interest in purchasing Federal oil and gas leases for production on the outer Continental Shelf in a planning area under this section, not later than 2 years after the date of enactment of the determination and every 2 years thereafter, the Secretary shall— (1) determine whether there is a commercial interest in purchasing Federal oil and gas leases for production on the outer Continental Shelf in the planning area; and (2) if the Secretary determines that there is a commercial interest described in subsection (a), conduct a lease sale in the planning area. (c) Exclusion from 5-Year lease program If a planning area for which there is a commercial interest described in subsection (a) was not included in a 5-year lease program, the Secretary shall include leasing in the planning area in the subsequent 5-year lease program. (d) Petitions If a person petitions the Secretary to conduct a lease sale for an outer Continental Shelf planning area in which the person has a commercial interest, the Secretary shall conduct a lease sale for the area in accordance with subsection (a). 103. Applications for permits to drill Section 5 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1334 ) is amended by adding at the end the following: (k) Applications for permits To drill (1) In general Subject to paragraph (2), the Secretary shall approve or disapprove an application for a permit to drill submitted under this Act not later than 20 days after the date the application is submitted to the Secretary. (2) Disapproval If the Secretary disapproves an application for a permit to drill submitted under paragraph (1), the Secretary shall— (A) provide to the applicant a description of the reasons for the disapproval of the application; (B) allow the applicant to resubmit an application during the 10-day period beginning on the date of the receipt of the description by the applicant; and (C) approve or disapprove any resubmitted application not later than 10 days after the date the application is submitted to the Secretary. . 104. Lease sales for certain areas (a) In general As soon as practicable but not later than 1 year after the date of enactment of this Act, the Secretary of the Interior shall hold Lease Sale 220 for areas offshore of the State of Virginia. (b) Compliance with other laws For purposes of the Lease Sales described in subsection (a), the Environmental Impact Statement for the 2010–2015-Year OCS Plan and the applicable Multi-Sale Environmental Impact Statement shall be considered to satisfy the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (c) Energy projects in Gulf of Mexico (1) Jurisdiction The United States Court of Appeals for the Fifth Circuit shall have exclusive jurisdiction over challenges to offshore energy projects and permits to drill carried out in the Gulf of Mexico. (2) Filing deadline Any civil action to challenge a project or permit described in paragraph (1) shall be filed not later than 60 days after the date of approval of the project or the issuance of the permit. 105. Disposition of revenues (a) Definitions Section 102 of the Gulf of Mexico Energy Security Act of 2006 ( 43 U.S.C. 1331 note; Public Law 109–432 ) is amended— (1) by redesignating paragraphs (5) through (11) as paragraphs (6) through (12), respectively; (2) by inserting after paragraph (4) the following: (5) Coastal State The term coastal State means a State with a coastal seaward boundary within 200 nautical miles distance of the geographical center of a leased tract in— (A) an outer Continental Shelf area in the Gulf of Mexico OCS Region State Adjacent Zones and OCS Planning Areas; and (B) effective for fiscal year 2024 and each fiscal year thereafter, an outer Continental Shelf area in any OCS Region State Adjacent Zones and OCS Planning Areas. ; (3) in paragraph (10) (as so redesignated), by striking subparagraph (A) and inserting the following: (A) In general The term qualified outer Continental Shelf revenues means all rentals, royalties, bonus bids, and other sums due and payable to the United States from leases entered into on or after— (i) December 20, 2006, with respect to coastal States located in— (I) the Gulf of Mexico OCS Region; or (II) the Alaska OCS Region; and (ii) October 1, 2013, with respect to coastal States located in— (I) the Atlantic OCS Region; or (II) the Pacific OCS Region. ; and (4) in paragraph (11) (as so redesignated), by striking Gulf producing State each place it appears and inserting coastal State . (b) Disposition of revenues Section 105 of the Gulf of Mexico Energy Security Act of 2006 ( 43 U.S.C. 1331 note; Public Law 109–432 ) is amended— (1) in the section heading, by striking from 181 Area, 181 South Area, and 2002–2007 planning areas of Gulf of Mexico ; (2) by striking Gulf producing State each place it appears (other than subsection (b)(1)) and inserting coastal State ; (3) by amending subsection (a)(2) to read as follows: (2) 50 percent of qualified outer Continental Shelf revenues in a special account in the Treasury, which the Secretary shall disburse to States in accordance with subsection (b). ; (4) in subsection (b)— (A) in the subsection heading, by striking Gulf Producing States and inserting Coastal States ; (B) in paragraph (1)— (i) in the paragraph heading, by striking 2016 and inserting 2023 ; and (ii) in subparagraph (A), by striking 2016 and inserting 2023 ; and (C) in paragraph (2)— (i) in the paragraph heading, by striking Gulf producing States for fiscal year 2017 and inserting coastal States for fiscal year 2024 ; and (ii) in subparagraph (A)— (I) in the matter preceding clause (i), by striking 2017 and inserting 2024 ; and (II) in clause (i), by striking the 181 Area or the 181 South Area and inserting any area of the outer Continental Shelf ; and (5) in subsection (f), by striking paragraph (1) and inserting the following: (1) In general Subject to paragraph (2), the total amount of qualified outer Continental Shelf revenues made available under subsection (a)(2) shall not exceed— (A) in the case of an outer Continental Shelf area in the Gulf of Mexico OCS Region State Adjacent Zones and OCS Planning Areas— (i) $1,000,000,000 for each of fiscal years 2014 through 2023; and (ii) $2,000,000,000 for each of fiscal years 2024 through 2054; and (B) in the case of an outer Continental Shelf area in OCS Region State Adjacent Zones and OCS Planning Areas other than the Zones and Areas described in subparagraph (A), for each of fiscal years 2024 through 2054, $500,000,000 for each such area located in— (i) the Atlantic OCS Region; (ii) the Pacific OCS Region; or (iii) the Alaska OCS Region. . (c) Effective date The amendments made by this section take effect on October 1, 2013. II Leasing Program for Land within Coastal Plain 201. Definitions In this title: (1) Coastal plain The term Coastal Plain means that area described in appendix I to part 37 of title 50, Code of Federal Regulations. (2) Peer reviewed The term peer reviewed means reviewed— (A) by individuals chosen by the National Academy of Sciences with no contractual relationship with, or those who have no application for a grant or other funding pending with, the Federal agency with leasing jurisdiction; or (B) if individuals described in subparagraph (A) are not available, by the top individuals in the specified biological fields, as determined by the National Academy of Sciences. (3) Secretary The term Secretary , except as otherwise provided, means the Secretary of the Interior or the Secretary’s designee. 202. Leasing program for lands within the Coastal Plain (a) In general The Secretary shall take such actions as are necessary— (1) to establish and implement, in accordance with this title and acting through the Director of the Bureau of Land Management in consultation with the Director of the United States Fish and Wildlife Service, a competitive oil and gas leasing program that will result in the exploration, development, and production of the oil and gas resources of the Coastal Plain; and (2) to administer the provisions of this title through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that ensure the oil and gas exploration, development, and production activities on the Coastal Plain will result in no significant adverse effect on fish and wildlife, their habitat, subsistence resources, and the environment, including, in furtherance of this goal, by requiring the application of the best commercially available technology for oil and gas exploration, development, and production to all exploration, development, and production operations under this title in a manner that ensures the receipt of fair market value by the public for the mineral resources to be leased. (b) Repeal of existing restriction (1) Repeal Section 1003 of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3143 ) is repealed. (2) Conforming amendment The table of contents in section 1 of such Act is amended by striking the item relating to section 1003. (c) Compliance with requirements under certain other laws (1) Compatibility For purposes of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.), the oil and gas leasing program and activities authorized by this section in the Coastal Plain are deemed to be compatible with the purposes for which the Arctic National Wildlife Refuge was established, and no further findings or decisions are required to implement this determination. (2) Adequacy of the Department of the Interior’s legislative environmental impact statement The Final Legislative Environmental Impact Statement (April 1987) on the Coastal Plain prepared pursuant to section 1002 of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3142 ) and section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) is deemed to satisfy the requirements under the National Environmental Policy Act of 1969 that apply with respect to prelease activities under this title, including actions authorized to be taken by the Secretary to develop and promulgate the regulations for the establishment of a leasing program authorized by this title before the conduct of the first lease sale. (3) Compliance with NEPA for other actions Before conducting the first lease sale under this title, the Secretary shall prepare an environmental impact statement under the National Environmental Policy Act of 1969 with respect to the actions authorized by this title that are not referred to in paragraph (2). Notwithstanding any other law, the Secretary is not required to identify nonleasing alternative courses of action or to analyze the environmental effects of such courses of action. The Secretary shall only identify a preferred action for such leasing and a single leasing alternative, and analyze the environmental effects and potential mitigation measures for those two alternatives. The identification of the preferred action and related analysis for the first lease sale under this title shall be completed within 18 months after the date of enactment of this Act. The Secretary shall only consider public comments that specifically address the Secretary’s preferred action and that are filed within 20 days after publication of an environmental analysis. Notwithstanding any other law, compliance with this paragraph is deemed to satisfy all requirements for the analysis and consideration of the environmental effects of proposed leasing under this title. (d) Relationship to State and local authority Nothing in this title shall be considered to expand or limit State and local regulatory authority. (e) Special areas (1) In general The Secretary, after consultation with the State of Alaska, the city of Kaktovik, and the North Slope Borough, may designate up to a total of 45,000 acres of the Coastal Plain as a Special Area if the Secretary determines that the Special Area is of such unique character and interest so as to require special management and regulatory protection. The Secretary shall designate as such a Special Area the Sadlerochit Spring area, comprising approximately 4,000 acres. (2) Management Each such Special Area shall be managed so as to protect and preserve the area’s unique and diverse character including its fish, wildlife, and subsistence resource values. (3) Exclusion from leasing or surface occupancy The Secretary may exclude any Special Area from leasing. If the Secretary leases a Special Area, or any part thereof, for purposes of oil and gas exploration, development, production, and related activities, there shall be no surface occupancy of the lands comprising the Special Area. (4) Directional drilling Notwithstanding the other provisions of this subsection, the Secretary may lease all or a portion of a Special Area under terms that permit the use of horizontal drilling technology from sites on leases tracts located outside the Special Area. (f) Limitation on closed areas The Secretary’s sole authority to close lands within the Coastal Plain to oil and gas leasing and to exploration, development, and production is that set forth in this title. (g) Regulations (1) In general The Secretary shall prescribe such regulations as may be necessary to carry out this title, including regulations relating to protection of the fish and wildlife, their habitat, subsistence resources, and environment of the Coastal Plain, by no later than 15 months after the date of enactment of this Act. (2) Revision of regulations The Secretary shall, through a rulemaking conducted in accordance with section 553 of title 5, United States Code, periodically review and, if appropriate, revise the regulations issued under subsection (a) to reflect a preponderance of the best available scientific evidence that has been peer reviewed and obtained by following appropriate, documented scientific procedures, the results of which can be repeated using those same procedures. 203. Lease sales (a) In general Lands may be leased under this title to any person qualified to obtain a lease for deposits of oil and gas under the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ). (b) Procedures The Secretary shall, by regulation and no later than 180 days after the date of enactment of this Act, establish procedures for— (1) receipt and consideration of sealed nominations for any area of the Coastal Plain for inclusion in, or exclusion (as provided in subsection (c)) from, a lease sale; (2) the holding of lease sales after such nomination process; and (3) public notice of and comment on designation of areas to be included in, or excluded from, a lease sale. (c) Lease sale bids Lease sales under this title may be conducted through an Internet leasing program, if the Secretary determines that such a system will result in savings to the taxpayer, an increase in the number of bidders participating, and higher returns than oral bidding or a sealed bidding system. (d) Sale acreages and schedule (1) The Secretary shall offer for lease under this title those tracts the Secretary considers to have the greatest potential for the discovery of hydrocarbons, taking into consideration nominations received pursuant to subsection (b)(1). (2) The Secretary shall offer for lease under this title no less than 50,000 acres for lease within 22 months after the date of the enactment of this Act. (3) The Secretary shall offer for lease under this title no less than an additional 50,000 acres at 6-, 12-, and 18-month intervals following offering under paragraph (2). (4) The Secretary shall conduct four additional sales under the same terms and schedule no later than two years after the date of the last sale under paragraph (3), if sufficient interest in leasing exists to warrant, in the Secretary’s judgment, the conduct of such sales. (5) The Secretary shall evaluate the bids in each sale and issue leases resulting from such sales, within 90 days after the date of the completion of such sale. 204. Grant of leases by the Secretary (a) In general The Secretary may grant to the highest responsible qualified bidder in a lease sale conducted under section 203 any lands to be leased on the Coastal Plain upon payment by the such bidder of such bonus as may be accepted by the Secretary. (b) Subsequent transfers No lease issued under this title may be sold, exchanged, assigned, sublet, or otherwise transferred except with the approval of the Secretary. Prior to any such approval the Secretary shall consult with, and give due consideration to the views of, the Attorney General. 205. Lease terms and conditions (a) In general An oil or gas lease issued under this title shall— (1) provide for the payment of a royalty of not less than 12 ½ percent in amount or value of the production removed or sold under the lease, as determined by the Secretary under the regulations applicable to other Federal oil and gas leases; (2) provide that the Secretary may close, on a seasonal basis, portions of the Coastal Plain to exploratory drilling activities as necessary to protect caribou calving areas and other species of fish and wildlife based on a preponderance of the best available scientific evidence that has been peer reviewed and obtained by following appropriate, documented scientific procedures, the results of which can be repeated using those same procedures; (3) require that the lessee of lands within the Coastal Plain shall be fully responsible and liable for the reclamation of lands within the Coastal Plain and any other Federal lands that are adversely affected in connection with exploration, development, production, or transportation activities conducted under the lease and within the Coastal Plain by the lessee or by any of the subcontractors or agents of the lessee; (4) provide that the lessee may not delegate or convey, by contract or otherwise, the reclamation responsibility and liability to another person without the express written approval of the Secretary; (5) provide that the standard of reclamation for lands required to be reclaimed under this title shall be, as nearly as practicable, a condition capable of supporting the uses which the lands were capable of supporting prior to any exploration, development, or production activities, or upon application by the lessee, to a higher or better use as certified by the Secretary; (6) contain terms and conditions relating to protection of fish and wildlife, their habitat, subsistence resources, and the environment as required pursuant to section 202(a)(2); (7) provide that the lessee, its agents, and its contractors use best efforts to provide a fair share, as determined by the level of obligation previously agreed to in the 1974 agreement implementing section 29 of the Federal Agreement and Grant of Right of Way for the Operation of the Trans-Alaska Pipeline, of employment and contracting for Alaska Natives and Alaska Native corporations from throughout the State; (8) prohibit the export of oil produced under the lease; and (9) contain such other provisions as the Secretary determines necessary to ensure compliance with this title and the regulations issued under this title. (b) Negotiated labor agreements The Secretary, as a term and condition of each lease under this title, shall require that the lessee and its agents and contractors negotiate to obtain an agreement for the employment of laborers and mechanics on production, maintenance, and construction under the lease. 206. Policies regarding buying, building, and working for America (a) Congressional intent It is the intent of the Congress that— (1) this title will support a healthy and growing United States domestic energy sector that, in turn, helps to reinvigorate American manufacturing, transportation, and service sectors by employing the vast talents of United States workers to assist in the development of energy from domestic sources; and (2) Congress will monitor the deployment of personnel and material onshore and offshore to encourage the development of American technology and manufacturing to enable United States workers to benefit from this title through good jobs and careers, as well as the establishment of important industrial facilities to support expanded access to American resources. (b) Requirement The Secretary of the Interior shall when possible, and practicable, encourage the use of United States workers and equipment manufactured in the United States in all construction related to mineral development on the Coastal Plain. 207. Coastal Plain environmental protection (a) No significant adverse effect standard To govern authorized Coastal Plain activities The Secretary shall, consistent with the requirements of section 202, administer this title through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that— (1) ensure the oil and gas exploration, development, and production activities on the Coastal Plain will result in no significant adverse effect on fish and wildlife, their habitat, and the environment; (2) require the application of the best commercially available technology for oil and gas exploration, development, and production on all new exploration, development, and production operations; and (3) ensure that the maximum amount of surface acreage covered by production and support facilities, including airstrips and any areas covered by gravel berms or piers for support of pipelines, does not exceed 10,000 acres on the Coastal Plain for each 100,000 acres of area leased. (b) Site-Specific assessment and mitigation The Secretary shall also require, with respect to any proposed drilling and related activities, that— (1) a site-specific analysis be made of the probable effects, if any, that the drilling or related activities will have on fish and wildlife, their habitat, subsistence resources, and the environment; (2) a plan be implemented to avoid, minimize, and mitigate (in that order and to the extent practicable) any significant adverse effect identified under paragraph (1); and (3) the development of the plan shall occur after consultation with the agency or agencies having jurisdiction over matters mitigated by the plan. (c) Regulations To protect Coastal Plain fish and wildlife resources, subsistence users, and the environment Before implementing the leasing program authorized by this title, the Secretary shall prepare and promulgate regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other measures designed to ensure that the activities undertaken on the Coastal Plain under this title are conducted in a manner consistent with the purposes and environmental requirements of this title. (d) Compliance with Federal and State environmental laws and other requirements The proposed regulations, lease terms, conditions, restrictions, prohibitions, and stipulations for the leasing program under this title shall require compliance with all applicable provisions of Federal and State environmental law, and shall also require the following: (1) Standards at least as effective as the safety and environmental mitigation measures set forth in items 1 through 29 at pages 167 through 169 of the Final Legislative Environmental Impact Statement (April 1987) on the Coastal Plain. (2) Seasonal limitations on exploration, development, and related activities, where necessary, to avoid significant adverse effects during periods of concentrated fish and wildlife breeding, denning, nesting, spawning, and migration based on a preponderance of the best available scientific evidence that has been peer reviewed and obtained by following appropriate, documented scientific procedures, the results of which can be repeated using those same procedures. (3) That exploration activities, except for surface geological studies, be limited to the period between approximately November 1 and May 1 each year and that exploration activities shall be supported, if necessary, by ice roads, winter trails with adequate snow cover, ice pads, ice airstrips, and air transport methods, except that such exploration activities may occur at other times if the Secretary finds that such exploration will have no significant adverse effect on the fish and wildlife, their habitat, and the environment of the Coastal Plain. (4) Design safety and construction standards for all pipelines and any access and service roads, that— (A) minimize, to the maximum extent possible, adverse effects upon the passage of migratory species such as caribou; and (B) minimize adverse effects upon the flow of surface water by requiring the use of culverts, bridges, and other structural devices. (5) Prohibitions on general public access and use on all pipeline access and service roads. (6) Stringent reclamation and rehabilitation requirements, consistent with the standards set forth in this title, requiring the removal from the Coastal Plain of all oil and gas development and production facilities, structures, and equipment upon completion of oil and gas production operations, except that the Secretary may exempt from the requirements of this paragraph those facilities, structures, or equipment that the Secretary determines would assist in the management of the Arctic National Wildlife Refuge and that are donated to the United States for that purpose. (7) Appropriate prohibitions or restrictions on access by all modes of transportation. (8) Appropriate prohibitions or restrictions on sand and gravel extraction. (9) Consolidation of facility siting. (10) Appropriate prohibitions or restrictions on use of explosives. (11) Avoidance, to the extent practicable, of springs, streams, and river systems; the protection of natural surface drainage patterns, wetlands, and riparian habitats; and the regulation of methods or techniques for developing or transporting adequate supplies of water for exploratory drilling. (12) Avoidance or minimization of air traffic-related disturbance to fish and wildlife. (13) Treatment and disposal of hazardous and toxic wastes, solid wastes, reserve pit fluids, drilling muds and cuttings, and domestic wastewater, including an annual waste management report, a hazardous materials tracking system, and a prohibition on chlorinated solvents, in accordance with applicable Federal and State environmental law. (14) Fuel storage and oil spill contingency planning. (15) Research, monitoring, and reporting requirements. (16) Field crew environmental briefings. (17) Avoidance of significant adverse effects upon subsistence hunting, fishing, and trapping by subsistence users. (18) Compliance with applicable air and water quality standards. (19) Appropriate seasonal and safety zone designations around well sites, within which subsistence hunting and trapping shall be limited. (20) Reasonable stipulations for protection of cultural and archeological resources. (21) All other protective environmental stipulations, restrictions, terms, and conditions deemed necessary by the Secretary. (e) Considerations In preparing and promulgating regulations, lease terms, conditions, restrictions, prohibitions, and stipulations under this section, the Secretary shall consider the following: (1) The stipulations and conditions that govern the National Petroleum Reserve-Alaska leasing program, as set forth in the 1999 Northeast National Petroleum Reserve-Alaska Final Integrated Activity Plan/Environmental Impact Statement. (2) The environmental protection standards that governed the initial Coastal Plain seismic exploration program under parts 37.31 to 37.33 of title 50, Code of Federal Regulations. (3) The land use stipulations for exploratory drilling on the KIC–ASRC private lands that are set forth in appendix 2 of the August 9, 1983, agreement between Arctic Slope Regional Corporation and the United States. (f) Facility consolidation planning (1) In general The Secretary shall, after providing for public notice and comment, prepare and update periodically a plan to govern, guide, and direct the siting and construction of facilities for the exploration, development, production, and transportation of Coastal Plain oil and gas resources. (2) Objectives The plan shall have the following objectives: (A) Avoiding unnecessary duplication of facilities and activities. (B) Encouraging consolidation of common facilities and activities. (C) Locating or confining facilities and activities to areas that will minimize impact on fish and wildlife, their habitat, and the environment. (D) Utilizing existing facilities wherever practicable. (E) Enhancing compatibility between wildlife values and development activities. (g) Access to public lands The Secretary shall— (1) manage public lands in the Coastal Plain subject to section 811 of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3121 ); and (2) ensure that local residents shall have reasonable access to public lands in the Coastal Plain for traditional uses. 208. Expedited judicial review (a) Filing of complaint (1) Deadline Subject to paragraph (2), any complaint seeking judicial review— (A) of any provision of this title shall be filed by not later than 1 year after the date of enactment of this Act; or (B) of any action of the Secretary under this title shall be filed— (i) except as provided in clause (ii), within the 90-day period beginning on the date of the action being challenged; or (ii) in the case of a complaint based solely on grounds arising after such period, within 90 days after the complainant knew or reasonably should have known of the grounds for the complaint. (2) Venue Any complaint seeking judicial review of any provision of this title or any action of the Secretary under this title may be filed only in the United States Court of Appeals for the District of Columbia. (3) Limitation on scope of certain review Judicial review of a Secretarial decision to conduct a lease sale under this title, including the environmental analysis thereof, shall be limited to whether the Secretary has complied with this title and shall be based upon the administrative record of that decision. The Secretary’s identification of a preferred course of action to enable leasing to proceed and the Secretary’s analysis of environmental effects under this title shall be presumed to be correct unless shown otherwise by clear and convincing evidence to the contrary. (b) Limitation on other review Actions of the Secretary with respect to which review could have been obtained under this section shall not be subject to judicial review in any civil or criminal proceeding for enforcement. (c) Limitation on attorneys’ fees and court costs No person seeking judicial review of any action under this title shall receive payment from the Federal Government for their attorneys’ fees and other court costs, including under any provision of law enacted by the Equal Access to Justice Act (5 U.S.C. 504 note). 209. Treatment of revenues Notwithstanding any other provision of law, 90 percent of the amount of bonus, rental, and royalty revenues from Federal oil and gas leasing and operations authorized under this title shall be deposited in the Treasury. 210. Rights-of-way across the Coastal Plain (a) In general The Secretary shall issue rights-of-way and easements across the Coastal Plain for the transportation of oil and gas produced under leases under this title— (1) except as provided in paragraph (2), under section 28 of the Mineral Leasing Act ( 30 U.S.C. 185 ), without regard to title XI of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3161 et seq. ); and (2) under title XI of the Alaska National Interest Lands Conservation Act ( 30 U.S.C. 3161 et seq. ), for access authorized by sections 1110 and 1111 of that Act (16 U.S.C. 3170 and 3171). (b) Terms and conditions The Secretary shall include in any right-of-way or easement issued under subsection (a) such terms and conditions as may be necessary to ensure that transportation of oil and gas does not result in a significant adverse effect on the fish and wildlife, subsistence resources, their habitat, and the environment of the Coastal Plain, including requirements that facilities be sited or designed so as to avoid unnecessary duplication of roads and pipelines. (c) Regulations The Secretary shall include in regulations under section 202(g) provisions granting rights-of-way and easements described in subsection (a) of this section. 211. Conveyance In order to maximize Federal revenues by removing clouds on title to lands and clarifying land ownership patterns within the Coastal Plain, the Secretary, notwithstanding section 1302(h)(2) of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3192(h)(2) ), shall convey— (1) to the Kaktovik Inupiat Corporation the surface estate of the lands described in paragraph 1 of Public Land Order 6959, to the extent necessary to fulfill the Corporation’s entitlement under sections 12 and 14 of the Alaska Native Claims Settlement Act (43 U.S.C. 1611 and 1613) in accordance with the terms and conditions of the Agreement between the Department of the Interior, the United States Fish and Wildlife Service, the Bureau of Land Management, and the Kaktovik Inupiat Corporation dated January 22, 1993; and (2) to the Arctic Slope Regional Corporation the remaining subsurface estate to which it is entitled pursuant to the August 9, 1983, agreement between the Arctic Slope Regional Corporation and the United States of America. III Regulatory Streamlining 301. Jurisdiction over covered energy projects (a) Definition of covered energy project In this section, the term covered energy project means any action or decision by a Federal official regarding— (1) the leasing of Federal land (including submerged land) for the exploration, development, production, processing, or transmission of oil, natural gas, or any other source or form of energy, including actions and decisions regarding the selection or offering of Federal land for such leasing; or (2) any action under such a lease, except that this section and Act shall not apply to a dispute between the parties to a lease entered into a provision of law authorizing the lease regarding obligations under the lease or the alleged breach of the lease. (b) Exclusive jurisdiction over causes and claims relating to covered energy projects Notwithstanding any other provision of law, the United States District Court for the District of Columbia shall have exclusive jurisdiction to hear all causes and claims under this section or any other Act that arise from any covered energy project, except for any such cause or claim arising in the United States Court of Appeals for the Fifth Circuit. (c) Time for filing complaint (1) In general Each case or claim described in subsection (b) shall be filed not later than the end of the 60-day period beginning on the date of the action or decision by a Federal official that constitutes the covered energy project concerned. (2) Prohibition Any cause or claim described in subsection (b) that is not filed within the time period described in paragraph (1) shall be barred. (d) District court for District of Columbia deadline (1) In general Each proceeding that is subject to subsection (b) shall— (A) be resolved as expeditiously as practicable and in any event not more than 180 days after the cause or claim is filed; and (B) take precedence over all other pending matters before the district court. (2) Failure to comply with deadline If an interlocutory or final judgment, decree, or order has not been issued by the district court by the deadline required under this section, the cause or claim shall be dismissed with prejudice and all rights relating to the cause or claim shall be terminated. (e) Ability To seek appellate review An interlocutory or final judgment, decree, or order of the district court under this section may be reviewed by no other court except the Supreme Court. 302. Environmental legal fees Section 504 of title 5, United States Code, is amended by adding at the end the following: (g) Environmental legal fees Notwithstanding section 1304 of title 31, no award may be made under this section and no amounts may be obligated or expended from the Claims and Judgment Fund of the United States Treasury to pay any legal fees of an environmental nongovernmental organization related to an action that (with respect to the United States)— (1) prevents, terminates, or reduces access to or the production of— (A) energy; (B) a mineral resource; (C) water by agricultural producers; (D) a resource by commercial or recreational fishermen; or (E) grazing or timber production on Federal land; (2) diminishes the private property value of a property owner; or (3) eliminates or prevents one or more jobs. . 303. Master leasing plans (a) In general Notwithstanding any other provision of law, the Secretary of the Interior, acting through the Bureau of Land Management, shall not establish a master leasing plan as part of any guidance issued by the Secretary. (b) Existing master leasing plans Instruction Memorandum No. 2010–117 and any other master leasing plan described in subsection (a) issued on or before the date of enactment of this Act shall have no force or effect. 304. National monuments Section 2 of the Act of June 8, 1906 (commonly known as the Antiquities Act of 1906 ) ( 16 U.S.C. 431 ), is amended in the first sentence by striking , in his discretion, to declare by public proclamation and inserting to declare, subject to approval by an Act of Congress, . 305. Carbon dioxide and other greenhouse gas emissions reductions in China, India, and Russia (a) Definition of Administrator In this section, the term Administrator means the Administrator of the Environmental Protection Agency. (b) Findings Congress finds that— (1) in 1997, the Senate adopted Senate Resolution 98, 105th Congress, agreed to July 25, 1997, which expressed the sense of the Senate that the United States should not accept any agreement that would mandate new commitments to limit or reduce greenhouse gas emissions by developed countries unless the agreement also mandated new specific scheduled commitments to limit or reduce greenhouse gas emissions by developing countries within the same compliance period; and (2) the Administrator continues to move forward with the regulation of carbon dioxide emissions, however, the People’s Republic of China, India, and the Russian Federation do not impose similar regulations on carbon dioxide emissions. (c) Carbon dioxide or greenhouse gas emissions reductions Notwithstanding any other provision of law, the Administrator or the head of any other Federal agency or department shall not regulate or continue to implement or enforce any regulations, proposals, or actions establishing any carbon dioxide or greenhouse gas emissions reductions until the Administrator, the Administrator of the Energy Information Agency, and the Secretary of Commerce certify in writing that— (1) the People’s Republic of China, India, and the Russian Federation have proposed, implemented, and enforced measures requiring carbon dioxide and other greenhouse gas emissions reductions; and (2) the reductions described in paragraph (1) are substantially similar to the carbon dioxide and other greenhouse gas emission reductions proposed by the Administrator or the head of any other Federal agency or department for the United States. (d) Repeal Any regulation, proposal, or action in effect before, on, or after the date of enactment of this Act, but before the date on which the certification under subsection (c) is made, that requires any carbon dioxide or other greenhouse gas emissions reduction shall have no force or effect. 306. Employment effects of actions under Clean Air Act Section 321(b) of the Clean Air Act (42 U.S.C. 7621(b)) is amended— (1) by designating the first through eighth sentences as paragraphs (1) through (8), respectively; and (2) by adding at the end the following: (9) Economic analysis Not later than 30 days before conducting a public hearing or providing notice of a determination that a hearing is not necessary with respect to a requirement described in paragraph (1), the Administrator shall— (A) conduct a full economic analysis of the requirement; and (B) make the data, methodologies, and results of the analysis available to the public. (10) Economic review board (A) In general Not later than 30 days after the date on which the Administrator makes the results of an economic analysis of a requirement available to the public under paragraph (9)(B), the Secretary of Commerce shall establish an economic review board consisting of a representative from each Federal agency with jurisdiction over affected industries to assess— (i) the cumulative economic impact of the requirement, including the direct, indirect, quantifiable, and qualitative effects; (ii) the cost of compliance with the requirement; (iii) the effect of the requirement on the retirement or closure of domestic businesses; (iv) energy sectors that could be expected to retire units as a result of the requirement; (v) the impact of the requirement on the price of electricity, oil, gas, coal, and renewable resources; (vi) the economic harm to consumers resulting from the requirement; (vii) the impact of the requirement on the ability of industries and businesses in the United States to compete with industries and businesses in other countries, with respect to competitiveness in both domestic and foreign markets; (viii) the regions of the United States that are forecasted to be— (I) most affected from the direct and indirect adverse impacts of the requirement from the retirement of impacted units and increased prices for retail electricity, transportation fuels, heating oil, and petrochemicals; and (II) least affected from adverse impacts described in subclause (I) due to the creation of new jobs and economic growth that are expected to result directly and indirectly from energy construction projects; (ix) the adverse impacts of the requirement on electric reliability that are expected to result from the retirement of electric generation; (x) the geographical distribution of the projected adverse electric reliability impacts of the requirement; (xi) Federal, State, and local policies that have been or will be implemented to support energy infrastructure in the United States, including policies that promote fuel diversity, affordable and reliable electricity, and energy security; (xii) the potential economic impacts as a result of outsourcing; and (xiii) other direct and indirect impacts that are expected to result from the cumulative obligation to comply with the requirement. (B) Report Not later than 30 days after the date on which the economic review board completes the assessment of a requirement under subparagraph (A), the economic review board shall submit to Congress, the President, and the Secretary a report that describes the results of the assessment. (C) Regulations The Administrator shall not promulgate regulations to implement a requirement described in paragraph (1) until at least 60 days after the date of submission of the report on the requirement under subparagraph (B). . 307. Endangered species (a) Emergencies Section 10 of the Endangered Species Act of 1973 ( 16 U.S.C. 1539 ) is amended by adding at the end the following: (k) Emergencies On the declaration of an emergency by the Governor of a State, the Secretary shall, for the duration of the emergency, temporarily exempt from the prohibition against taking, and the prohibition against the adverse modification of critical habitat, under this Act any action that is reasonably necessary to avoid or ameliorate the impact of the emergency, including fighting or preventing forest fires and the building, rebuilding, or operation of any water supply or flood control project by a Federal agency. . (b) Prohibition of consideration of impact of greenhouse gases and climate change (1) In general The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) is amended by adding at the end the following: 19. Prohibition of consideration of impact of greenhouse gases and climate change (a) Definition of greenhouse gas In this section, the term greenhouse gas means any of— (1) carbon dioxide; (2) methane; (3) nitrous oxide; (4) sulfur hexafluoride; (5) a hydrofluorocarbon; (6) a perfluorocarbon; or (7) any other anthropogenic gas designated by the Secretary for purposes of this section. (b) Impact of greenhouse gases and climate change The impact of any greenhouse gas or climate change on any species of fish or wildlife or plant shall not be considered for any purpose in the implementation of this Act. . (2) Conforming amendment The table of contents in the first section of the Endangered Species Act of 1973 (16 U.S.C. prec. 1531) is amended by adding at the end the following: Sec. 18. Annual cost analysis by the Fish and Wildlife Service. Sec. 19. Prohibition of consideration of impact of greenhouse gases and climate change. . 308. Central Valley Project The Act of August 27, 1954 (68 Stat. 879, chapter 1012; 16 U.S.C. 695d et seq. ) is amended by adding at the end the following: 9. Effect of biological opinions Notwithstanding any other provision of law, in connection with the Central Valley Project, the Bureau of Reclamation and an agency of the State of California operating a water project in connection with the Project shall not restrict operations of an applicable project pursuant to any biological opinion issued under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), if the restriction would result in a level of allocation of water that is less than the historical maximum level of allocation of water under the project. . 309. Keystone XL permit approval (a) In general Notwithstanding Executive Order No. 13337 (3 U.S.C. 301 note), Executive Order No. 11423 ( 3 U.S.C. 301 note), section 301 of title 3, United States Code, and any other Executive order or provision of law, no presidential permit shall be required for the pipeline described in the application filed on May 4, 2012, by TransCanada Corporation to the Department of State for the northern portion of the Keystone XL pipeline from the Canadian border to the border between the States of South Dakota and Nebraska. (b) Environmental impact statement The final environmental impact statement issued by the Secretary of State on August 26, 2011, regarding the pipeline referred to in subsection (a), shall be considered to satisfy all requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (c) Intrastate portion (1) In general Notwithstanding any other provision of law, the route of the Keystone XL pipeline through the State of Nebraska reviewed in the Final Evaluation Report conducted pursuant to Neb. Rev. Stat. §57–1503(1) and approved by the Governor of the State shall be considered approved. (2) Environmental impact statements The Final Evaluation Report described in paragraph (1) shall be considered to satisfy all requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (d) Critical habitat No area necessary to construct or maintain the Keystone XL pipeline shall be considered critical habitat under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or any other provision of law. (e) Permits Any Federal permit or authorization issued before the date of enactment of this Act for the pipeline and cross-border facilities described in subsections (a) and (b), and the related facilities in the United States, shall remain in effect. (f) Federal judicial review The pipeline and cross-border facilities described in subsections (a) and (b), and the related facilities in the United States, that are approved by this section, and any permit, right-of-way, or other action taken to construct or complete the project pursuant to Federal law, shall only be subject to judicial review on direct appeal to the United States Court of Appeals for the District of Columbia Circuit. 310. Drakes Bay Oyster Company Notwithstanding any other provision of law (including the memorandum of the Secretary of the Interior dated November 29, 2012, with the subject entitled Point Reyes National Seashore–Drakes Bay Oyster Company )— (1) the Secretary of the Interior, acting through the Director of the National Park Service, shall— (A) reinstate, for a period of not less than 10 years, the reservation of use and occupancy and special use permits to conduct commercial operations within Point Reyes National Seashore in the State of California held by Drakes Bay Oyster Company, which expired on November 30, 2012, subject to the terms and conditions contained in those permits, as in effect on November 29, 2012; and (B) on receipt of a request from Drakes Bay Oyster Company (or a successor in interest), renew those reinstated permits for an additional 10-year period; and (2) Drakes Estero in the State of California shall not be converted to a designated wilderness. | https://www.govinfo.gov/content/pkg/BILLS-113hr1881ih/xml/BILLS-113hr1881ih.xml |
113-hr-1882 | I 113th CONGRESS 1st Session H. R. 1882 IN THE HOUSE OF REPRESENTATIVES May 8, 2013 Mrs. Black introduced the following bill; which was referred to the Committee on Agriculture , and in addition to the Committee on Foreign Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Food and Nutrition Act of 2008 to prohibit the Department of Agriculture from entering into partnerships with foreign governments to promote enrollment in the supplemental nutrition assistance program and to terminate the current Partnership for Nutrition Assistance Initiative between the United States and Mexico.
1. Short title This Act may be cited as the Safety Net Abuse Prevention (SNAP) Act of 2013 . 2. Additional limitation on use of funds authorized to be appropriated under Food and Nutrition Act of 2008 (a) Prohibition on promotion agreements with foreign governments Section 18 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2027 ) is amended by adding at the end the following: (g) Funds appropriated pursuant to any authorization of appropriations in this Act may not be used by the Secretary for any agreement with a foreign government intended to promote enrollment in the program and the availability of program benefits. . (b) Termination of existing agreement Effective on the date of the enactment of this Act, the memorandum of understanding entered into on July 22, 2004, by the Secretary of Agriculture of the United States Department of Agriculture and the Secretary of Foreign Affairs of the Republic of Mexico and known as the Partnership for Nutrition Assistance Initiative is null and void. | https://www.govinfo.gov/content/pkg/BILLS-113hr1882ih/xml/BILLS-113hr1882ih.xml |
113-hr-1883 | I 113th CONGRESS 1st Session H. R. 1883 IN THE HOUSE OF REPRESENTATIVES May 8, 2013 Mr. Carter (for himself and Mr. Cuellar ) introduced the following bill; which was referred to the Committee on Ways and Means , 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 Internal Revenue Code of 1986 to provide for a deduction for the purchase of secure gun storage or safety device for the securing of firearms.
1. Short title This Act may be cited as the Secure Firearms Act of 2013 . 2. Deduction for safe storage device for the securing of firearms (a) In general Part VII of subchapter B of chapter I of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: 224. Secure gun storage or safety device (a) In general In the case of an individual, there shall be allowed as a deduction for the taxable year an amount equal to the amount paid by the taxpayer for secure gun storage or safety devices that are placed into service by the taxpayer during the taxable year for the securing of firearms. (b) Limitation The amount allowed as a deduction under subsection (a) for any taxable year shall not exceed $1,200. (c) Secure gun storage or safety device For purposes of this section, the term secure gun storage or safety device means— (1) a device that, when installed on a firearm, is designed to prevent the firearm from being operated without first deactivating the device, or (2) a safe, gun safe, gun case, lock box, or other device that is designed to be or can be used to store a firearm and that is designed to be unlocked only by means of a key, a combination, or other similar means. (d) Use of information No database identifying gun owners may be created using information from tax returns on which the deduction under this section is claimed. (e) Termination This section shall not apply to any amount paid after December 31, 2014. . (b) Clerical amendment The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 224 and inserting the following: Sec. 224. Secure gun storage or safety device. Sec. 225. Cross reference. . (c) Effective Date The amendments made by this section shall apply to taxable years beginning after December 31, 2012. 3. Offset Section 524(c) of title 28, United States Code, is amended by adding at the end the following:. (12) In each fiscal year, an amount equal to the sum of all amounts allowed as a deduction under section 224 of Internal Revenue Code of 1986 in the prior taxable year shall be rescinded from the Fund from the amounts deposited in the Fund in that fiscal year. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1883ih/xml/BILLS-113hr1883ih.xml |
113-hr-1884 | I 113th CONGRESS 1st Session H. R. 1884 IN THE HOUSE OF REPRESENTATIVES May 8, 2013 Mr. Cooper (for himself, Mr. Costa , Mr. Kind , Mrs. Capps , Mr. Schrader , Mr. Owens , Ms. Tsongas , Mr. Barrow of Georgia , Mr. Gallego , Mr. Cuellar , Mr. Matheson , Mr. Mulvaney , Mr. Loebsack , Mr. Rigell , Mr. Michaud , Mr. Chabot , and Mr. Barber ) introduced the following bill; which was referred to the Committee on House Administration A BILL To provide that Members of Congress shall be paid last whenever the Treasury is unable to satisfy the obligations of the United States Government in a timely manner because the public debt limit has been reached.
1. Short title This Act may be cited as the Stop Pay for Members Act . 2. Members of Congress to be paid last (a) In general In the event that the public debt of the United States Government reaches the public debt limit, the obligation to pay basic pay of Members of Congress may not be satisfied until— (1) all other obligations of the United States Government which are then due have been satisfied; or (2) if earlier, the ability of the Treasury to satisfy the obligations of the United States Government in timely manner is restored, whether by an increase in the public debt limit or otherwise. (b) Consent Each Member of Congress consents and agrees that payment of basic pay in accordance with subsection (a) shall constitute a full and complete discharge and acquittance of all claims and demands for service as such a Member during the period covered by the payment. 3. Definitions For purposes of this Act— (1) the term public debt limit means the dollar limitation contained in section 3101(b) of title 31, United States Code; and (2) the term Member of Congress means— (A) each Senator, Member of the House of Representatives, and Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico; (B) the President pro tempore of the Senate, the majority leader and the minority leader of the Senate, and the majority leader and the minority leader of the House of Representatives; and (C) the Speaker of the House of Representatives. | https://www.govinfo.gov/content/pkg/BILLS-113hr1884ih/xml/BILLS-113hr1884ih.xml |
113-hr-1885 | I 113th CONGRESS 1st Session H. R. 1885 IN THE HOUSE OF REPRESENTATIVES May 8, 2013 Mrs. Davis of California (for herself, Mr. Lowenthal , Ms. Bonamici , Mr. Takano , and Mr. Huffman ) 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 eligible veterans to use qualified veterans mortgage bonds to refinance home loans, and for other purposes.
1. Short title This Act may be cited as the Veterans Home Loan Refinance Opportunity Act of 2013 . 2. Modification of qualified veterans’ mortgage bonds program to allow eligible veterans to refinance current home loans (a) Elimination of refinance prohibition for veterans’ bonds Section 143(b) of the Internal Revenue Code of 1986 (relating to qualified veterans’ mortgage bond defined) is amended— (1) in paragraph (1) by striking residences and inserting residences or qualified refinancing loans , and (2) in paragraph (3) by striking (i)(1), . (b) Definition Section 143(l) of the Internal Revenue Code of 1986 (relating to additional requirements for qualified veterans’ mortgage bonds) is amended by adding at the end the following: (6) Qualified refinancing loan For purposes of this subsection, the term qualified refinancing loan means a loan that is used to refinance acquisition indebtedness (as defined in subclauses (I) and (II) of section 163(h)(3)(B)(i)) for a principal residence (within the meaning of section 121). . (c) Effective date The amendments made by this section shall apply to bonds issued after the date of enactment of this Act. 3. Inflation adjustment of state veterans limit (a) In general Paragraph (3) of section 143(l) of the Internal Revenue Code of 1986 (relating to volume limitation) is amended by adding at the end the following new subparagraph: (D) Limitation adjustment based on inflation (i) In general In the case of any calendar year after 2013, the limit determined under subparagraph (B) for a State shall be adjusted for such calendar year by multiplying such limit by the inflation adjustment factor for the calendar year. (ii) Computation of inflation adjustment factor For purposes of clause (i)— (I) In general The Secretary shall, not later than each October 1, determine and publish in the Federal Register the inflation adjustment factor for the succeeding calendar year in accordance with this clause. (II) Inflation adjustment factor The term inflation adjustment factor means, with respect to a calendar year, a fraction the numerator of which is the CMHPI for the second quarter of the calendar year preceding the calendar year for which the adjustment is being made, and the denominator of which is the CMHPI for the second quarter of calendar year 2013. (III) CMHPI The term CMHPI means the Conventional Mortgage Home Price Index compiled by Federal Home Loan Mortgage Corporation. The CMHPI for any quarter shall be the CMHPI first published for such quarter. (IV) Limitation No adjustment shall be made under clause (i) for any year in which the fraction in subclause (II) is less than 1. . (b) Effective date The amendments made by this section shall apply to bonds issued after the date of the enactment of this Act. 4. Modification of materially higher yield for mortgages made from qualified veterans’ mortgage bonds (a) Mortgage yield limitation measured under general program obligation provisions (1) Effective mortgage interest limitation excepted Paragraph (3) of section 143(b) of the Internal Revenue Code of 1986 (relating to qualified veterans’ mortgage bond defined) is amended by inserting (other than paragraph (2) thereof) after (g) . (2) Increase in yield limit Subparagraph (C) of section 143(g)(3) of the Internal Revenue Code of 1986 (relating to requirements related to arbitrage) is amended by striking 1.125 percentage points and inserting 1.50 percentage points . (3) Clerical amendment Section 143(g)(3) of such Code (relating to requirements related to arbitrage) is amended in the heading for subparagraph (C) by striking where issuer does not use full 1.125 percentage points under paragraph (2) and inserting for certain unused amounts . (b) Effective date The amendments made by this section shall apply to obligations issued after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1885ih/xml/BILLS-113hr1885ih.xml |
113-hr-1886 | I 113th CONGRESS 1st Session H. R. 1886 IN THE HOUSE OF REPRESENTATIVES May 8, 2013 Ms. DelBene (for herself, Mr. Hanna , Mr. Owens , Mr. Cramer , Mr. Higgins , and Mr. Huizenga of Michigan ) introduced the following bill; which was referred to the Committee on the Judiciary , 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 land border crossing fees.
1. Short title This Act may be cited as the Promoting Border Commerce and Travel Act . 2. Prohibition on land border crossing fees The Secretary of Homeland Security may not establish, collect, or otherwise impose a border crossing fee for pedestrians or passenger vehicles at land ports of entry along the southern border or the northern border of the United States, and may not conduct any study relating to the imposition of such a fee. | https://www.govinfo.gov/content/pkg/BILLS-113hr1886ih/xml/BILLS-113hr1886ih.xml |
113-hr-1887 | I 113th CONGRESS 1st Session H. R. 1887 IN THE HOUSE OF REPRESENTATIVES May 8, 2013 Mr. Engel (for himself and Mr. Welch ) 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 certain tax benefits to persons responsible for an oil spill if such person commits certain additional violations.
1. Short title This Act may be cited as the Offending Oil Polluters Act of 2013 . 2. Denial of certain tax benefits to offending oil polluters (a) In general Subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: XII Denial of certain tax benefits to offending oil polluters Sec. 293. Denial of certain tax benefits to offending oil polluters. 293. Denial of certain tax benefits to offending oil polluters (a) In general In the case of an offending oil polluter, no deduction or credit shall be allowed under this chapter with respect to any amount paid or incurred in connection with a discharge of oil referred to in subsection (b)(1). (b) Offending oil polluter For purposes of this section, the term offending oil polluter means— (1) any person that is a responsible party for a vessel or a facility from which oil is discharged (within the meaning of section 1002 of the Oil Pollution Act of 1990 ( 33 U.S.C. 2702 )) unless— (A) the person has met all of its obligations under such Act to provide compensation for covered removal costs and damages, and (B) during the 7-year period ending on the first date of such discharge, the person, in connection with activities in the oil industry (including exploration, development, production, transportation by pipeline, and refining)— (i) was not found to have committed willful or repeated violations under the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.) (including State plans approved under section 18(c) of such Act ( 29 U.S.C. 667(c) )) at a rate that is higher than five times the rate determined by the Secretary, in consultation with the Secretary of the Interior, to be the oil industry average for such violations for such period, (ii) was not convicted of a criminal violation for death or serious bodily injury, (iii) did not have more than 10 fatalities at its exploration, development, and production facilities and refineries as a result of violations of Federal or State health, safety, or environmental laws, (iv) was not assessed, did not enter into an agreement to pay, and was not otherwise required to pay, civil penalties and criminal fines for violations the person was found to have committed under the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ) (including State programs approved under sections 402 and 404 of such Act (33 U.S.C. 1342 and 1344)) in a total amount that is equal to more than $10,000,000, and (v) was not assessed, did not enter into an agreement to pay, and was not otherwise required to pay, civil penalties and criminal fines for violations the person was found to have committed under the Clean Air Act ( 42 U.S.C. 7401 et seq. ) (including State plans approved under section 110 of such Act ( 42 U.S.C. 7410 )) in a total amount that is equal to more than $10,000,000, and (2) any person who is a member of the same expanded affiliated group (as defined in section 1471(e)(2)) as a person described in paragraph (1). . (b) Clerical amendment The table of parts for subchapter B of chapter 1 of such Code is amended by adding at the end the following new item: Part XII. Denial of certain tax benefits to offending oil polluters . (c) Effective date The amendments made by this section shall apply to amounts paid or incurred after December 31, 2012. | https://www.govinfo.gov/content/pkg/BILLS-113hr1887ih/xml/BILLS-113hr1887ih.xml |
113-hr-1888 | I 113th CONGRESS 1st Session H. R. 1888 IN THE HOUSE OF REPRESENTATIVES May 8, 2013 Mr. Jones introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committee on Homeland Security , 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 make payments by the Department of Homeland Security to a State contingent on a State providing the Federal Bureau of Investigation with certain statistics, to require Federal agencies, departments, and courts to provide such statistics to the Federal Bureau of Investigation, and to require the Federal Bureau of Investigation to publish such statistics.
1. Short title This Act may be cited as the Jamiel Shaw, Jr. Memorial Act of 2013 . 2. Payments by the Department of Homeland Security contingent on State immigration reporting (a) In general A State or any political subdivision thereof may not receive funds under any program or activity administered by the Department of Homeland Security unless the State— (1) for each person who is arrested, charged with a crime, convicted of a crime, or incarcerated after being convicted of a crime by the State or any political subdivision thereof, compiles statistics on such person, including— (A) the immigration status of such person; (B) the country of origin of such person; and (C) the crime associated with such arrest, charge, conviction, or incarceration after conviction; (2) reports such statistics monthly to the Federal Bureau of Investigation; and (3) monthly certifies compliance with paragraphs (1) and (2) to the Secretary of Homeland Security. (b) Effective date This section shall take effect with respect to funds made available under a program or activity administered by the Department of Homeland Security for fiscal years beginning on or after October 1, 2013. 3. Federal immigration reporting requirement (a) In general Each Federal agency and department shall— (1) for any person such agency or department arrests, charges with a crime, prosecutes to conviction of a crime, or incarcerates after conviction of a crime, compile statistics on such person, including— (A) the immigration status of such person; (B) the country of origin of such person; and (C) the crime associated with such arrest, charge, conviction, or incarceration after conviction; and (2) report such statistics monthly to the Federal Bureau of Investigation. (b) Effective date This section shall take effect with respect to any person arrested, charged with a crime, prosecuted to conviction of a crime, or incarcerated after conviction of a crime by a Federal agency or department on or after October 1, 2013. 4. Statistics to be published The Federal Bureau of Investigation shall annually publish all statistics reported under this Act as a separate data collection of the Uniform Crime Reports issued by such Bureau. 5. Definition In this Act, the term crime means an offense listed in Table 4 of the Uniform Crime Report of the Federal Bureau of Investigation, issued pursuant to section 534(a) of title 28, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-113hr1888ih/xml/BILLS-113hr1888ih.xml |
113-hr-1889 | I 113th CONGRESS 1st Session H. R. 1889 IN THE HOUSE OF REPRESENTATIVES May 8, 2013 Mr. Latta (for himself, Mr. Loebsack , Mr. Wittman , and Ms. Kaptur ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to recognize the dependent children of members of the Armed Forces who are serving on active duty or who have served on active duty through the presentation of an official lapel button.
1. Short title This Act may be cited as the Children of Military Service Members Commemorative Lapel Pin Act . 2. Department of Defense recognition of dependent children of members of the Armed Forces (a) Establishment and presentation of lapel button Chapter 57 of title 10, United States Code, is amended by inserting after section 1126 the following new section: 1126a. Children of military service members commemorative lapel button: eligibility and presentation (a) Design and eligibility A lapel button, to be known as the children of military service members commemorative lapel button, shall be designed, as approved by the Secretary of Defense, to identify and recognize an eligible child dependent of a member of the armed forces who serves on active duty for a period of more than 30 days. (b) Application and presentation The Secretary of Defense shall establish an application process by which a member referred to in subsection (a) can request a children of military service members commemorative lapel button for the member’s eligible child dependents. Upon processing of the application and payment of the fee required by subsection (c), the Secretary concerned shall present a children of military service members commemorative lapel button to eligible child dependents of a member. (c) Cost Presentation of a children of military service members commemorative lapel button is conditioned upon the payment of an amount sufficient to cover the cost of manufacture and distribution of the lapel button. (d) Limitation on number of buttons (1) Not more than one children of military service members commemorative lapel button may be presented to an eligible child dependent of a member, regardless of the number of times the member serves on active duty. (2) Notwithstanding paragraph (1), if a person is an eligible child dependent of more than one member, the eligible child dependent may receive a children of military service members commemorative lapel button on behalf of each member of whom the person is a dependent. (3) Notwithstanding paragraph (1), if a children of military service members commemorative lapel button presented under this section has been lost, destroyed, or rendered unfit for use without fault or neglect on the part of the eligible child dependent to whom it was furnished, the Secretary concerned may replace the lapel button upon application and payment of an amount sufficient to cover the cost of manufacture and presentation. (e) Eligible child dependent defined The term eligible child dependent means a dependent of a member of the armed forces described in subparagraph (D) or (I) of section 1072(2) of this title. (f) Regulations The Secretary of Defense shall issue such regulations as may be necessary to carry out this section. The Secretary shall ensure that the regulations are uniform for each armed force to the extent practicable. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1126 the following new item: 1126a. Children of military service members commemorative lapel button: eligibility and presentation. . (c) Sense of congress on expedited implementation It is the sense of Congress that the Secretary of Defense should take appropriate actions to expedite— (1) the design and manufacture of the children of military service members commemorative lapel button authorized by section 1126a of title 10, United States Code, as added by subsection (a); and (2) the establishment and implementation of mechanisms to facilitate the issuance of the children of military service members commemorative lapel button. (d) Retroactive availability of children of military service members commemorative lapel button (1) Availability The Secretary of Defense shall make the children of military service members commemorative lapel button authorized by section 1126a of title 10, United States Code, as added by subsection (a), available to any person who can prove to the satisfaction of the Secretary that the person satisfied, at any time before the date of the enactment of this Act, the definition contained in subsection (e) of such section 1126a of eligible child dependent of a member of the Armed Forces who served on active duty for a period of more than 30 days. (2) Application process The Secretary of Defense shall provide a mechanism by which a person eligible under paragraph (1), or a person acting on behalf of the person, may apply to the Secretary of Defense for a children of military service members commemorative lapel button. (3) Notification of certain members The Secretary of Defense shall notify members of the Armed Forces who served on active duty for a period of more than 30 days since September 11, 2001, of the availability of the children of military service members commemorative lapel button under this subsection. To the extent practicable, such notice shall be provided not later than 60 days after the date of the enactment of this Act. (4) Deadline for application Applications for a children of military service members commemorative lapel button under this subsection must be submitted to the Secretary of Defense not later than one year after the date on which the Secretary first announces, in the Federal Register and by such other means as the Secretary considers appropriate, the availability of the lapel button. (5) Costs, Limitations, and exceptions Subsections (c) and (d) of section 1126a of title 10, United States Code, shall apply with respect to the presentation of a children of military service members commemorative lapel button under this subsection. | https://www.govinfo.gov/content/pkg/BILLS-113hr1889ih/xml/BILLS-113hr1889ih.xml |
113-hr-1890 | I 113th CONGRESS 1st Session H. R. 1890 IN THE HOUSE OF REPRESENTATIVES May 8, 2013 Mr. Blumenauer (for himself, Mr. Farr , Mr. Kind , Mr. Moran , Ms. Slaughter , Mr. Waxman , Mr. Huffman , Mr. Dingell , Mr. George Miller of California , Ms. Lee of California , Mrs. Capps , Mr. Holt , and Mr. Ellison ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To modernize the conservation title of the Food Security Act of 1985, protect long-term taxpayer investment, increase small and midsize farmer’s access to programs, and prioritize modern-day conservation needs through management practices, local engagement, and stewardship.
101. Short title; table of contents (a) Short title This Act may be cited as the Balancing Food, Farm, and the Environment Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 101. Short title; table of contents. Title I—Conservation Subtitle A—Definitions Sec. 1001. Definitions. Subtitle B—Highly erodible land conservation Sec. 1101. Program ineligibility. Sec. 1102. Exemptions. Sec. 1103. Development and implementation of highly erodible land conservation plans and highly erodible land conservation systems. Sec. 1104. Notice and investigation of possible compliance deficiencies. Sec. 1105. Enforcement; funding for technical assistance. Subtitle C—Wetland conservation Sec. 1201. Program ineligibility. Sec. 1202. Delineation of wetlands; exemptions. Subtitle D—Conservation reserve Sec. 1301. Conservation reserve. Sec. 1302. Contracts. Sec. 1303. Conservation reserve easement program. Subtitle E—Conservation Stewardship Program Sec. 1401. Definitions. Sec. 1402. Conservation Stewardship Program. Sec. 1403. Stewardship contracts. Sec. 1404. Duties of the Secretary. Subtitle F—Environmental Quality Incentives Program Sec. 1501. Purposes. Sec. 1502. Definitions. Sec. 1503. Establishment and administration. Sec. 1504. Evaluation of Applications. Sec. 1505. Environmental quality incentives program plan. Sec. 1506. Duties of the Secretary. Sec. 1507. Limitation on payments. Subtitle G—Conservation innovation grant program Sec. 1601. Conservation innovation grant program. Subtitle H—Funding and administration Sec. 1701. Commodity Credit Corporation. Sec. 1702. Conservation loan and loan guarantee program. Subtitle I—Agricultural conservation easement program Sec. 1801. Agricultural conservation easement program. Subtitle J—Regional conservation partnership program Sec. 1901. Regional conservation partnership program. Title II—Crop insurance and disaster assistance Sec. 2001. Ineligibility for Federal crop insurance, noninsured crop disaster assistance, and certain payments because of crop production on native sod. Title III—Repeals and transitional provisions; technical and conforming amendments; effective date Sec. 3001. Repeals and transitional provisions. Sec. 3002. Technical and conforming amendments. Sec. 3003. Effective date. I Conservation A Definitions 1001. Definitions (a) Conservation system Section 1201(a)(4) of the Food Security Act of 1985 ( 16 U.S.C. 3801(a)(4) ) is amended to read as follows: (4) Conservation system The term conservation system means a combination of conservation measures or practices that are based on local natural resource and environmental conditions and are designed to cost-effectively address one or more priority resource concerns. . (b) Highly erodible land Section 1201(a)(11)(A)(ii) of the Food Security Act of 1985 (16 U.S.C. 3801(a)(11)(A)(ii)) is amended— (1) by striking excessive before average annual rate ; (2) by striking in relation to and inserting exceeding ; and (3) by inserting revised before universal soil loss . (c) Comprehensive conservation plan; conservation outcome; highly erodible land conservation plan; highly erodible land conservation system; nutrient-Impacted watershed; priority resource concern Section 1201(a) of the Food Security Act of 1985 ( 16 U.S.C. 3801(a) ) is amended by adding at the end the following new paragraphs: (28) Comprehensive conservation plan The term comprehensive conservation plan means a document that, subject to the unique purposes of each conservation program— (A) identifies priority resource concerns that can be effectively addressed through conservation activities, practices, systems, and management measures on an agricultural operation; (B) inventories natural resource and environmental conditions related to priority resource concerns and establishes benchmark data and conservation objectives; (C) determines the most cost-effective conservation activities, practices, systems, and management measures to be implemented, improved or maintained to address the designated priority resource concerns; (D) provides a schedule for planning, implementing, improving, or maintaining the identified conservation activities, practices, systems, and management measures; and (E) contains a description and schedule for on-farm activities to evaluate the extent to which the planned conservation activities, practices, systems, and management measures are effectively improving the condition of priority resource concerns. (29) Conservation outcome The term conservation outcome means a natural resource or environmental change that is that is correlated with conservation activities. (30) Highly erodible land conservation plan The term highly erodible land conservation plan means the document that— (A) applies to highly erodible land; (B) describes the highly erodible land conservation system applicable to the highly erodible land and describes the decisions of the person with respect to location, land use, tillage systems, and conservation treatment measures and schedule; and (C) is approved by the local soil conservation district, in consultation with the local committees established under section 8(b)(5) of the Soil Conservation and Domestic Allotment Act ( 16 U.S.C. 590h(b)(5) ) and the Secretary, or by the Secretary. (31) Highly erodible land conservation system The term highly erodible land conservation system means a combination of 1 or more conservation measures or management practices that— (A) are based on local resource conditions, available conservation technology, and the standards and guidelines contained in the Natural Resources Conservation Service field office technical guides; (B) are designed to achieve, in a cost effective and technically practicable manner, a substantial reduction in soil erosion or a substantial improvement in soil conditions on a field or group of fields containing highly erodible land when compared to the level of erosion or soil conditions that existed before the application of the conservation measures and management practices; (C) at a minimum are designed to achieve, within five years of actively applying a highly erodible land conservation plan, a level of erosion not to exceed twice the soil loss tolerance level; and (D) effectively treat all ephemeral gullies. (32) Nutrient-impacted watershed The term nutrient-impacted watershed means a watershed, including its surface and ground waters, any portion of which the Secretary, in consultation with officials from State water quality agencies, the Environmental Protection Agency, and the United States Geological Survey, determines to be degraded, or contributing to the degradation of downstream waters, due to the presence of excess agricultural nutrients. (33) Priority resource concern The term priority resource concern means a specific impairment to soil, soil quality, water quality, water quantity, energy, air quality, biodiversity, or fish, wildlife, or pollinator habitat, that, as determined by the Secretary— (A) represents a significant environmental, human health, or sustainable agricultural production concern in a State, region, or watershed; (B) is likely to be addressed successfully through implementation of conservation systems, practices, or activities by producers on land eligible for enrollment in one or more programs under this title; and (C) if successfully addressed will substantially contribute to the achievement of the purposes of the relevant program or programs under this title. . B Highly erodible land conservation 1101. Program ineligibility Section 1211(a)(1) of the Food Security Act of 1985 ( 16 U.S.C. 3811(a)(1) ) is amended— (1) in subparagraph (A)— (A) by inserting or revenue after price ; and (B) by inserting the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8701 et seq.), before or any other Act ; (2) in subparagraph (C), by striking ; or and inserting a semicolon; (3) in subparagraph (D)— (A) by striking Consolidated before Farm Service Agency ; and (B) by striking the semicolon and inserting ; or ; and (4) by inserting after subparagraph (D) the following new subparagraph: (E) any portion of the premium paid by the Federal Crop Insurance Corporation for a policy or plan of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.). . 1102. Exemptions Section 1212(a) of the Food Security Act of 1985 ( 16 U.S.C. 3812(a) ) is amended— (1) by inserting highly erodible land before conservation plan each place it appears; (2) in subsection (a)— (A) in paragraph (1)— (i) by striking Soil Conservation Service and inserting Natural Resources Conservation Service ; and (ii) by inserting , or premium subsidies, after loans, payments, and benefits ; (B) by amending paragraph (2) to read as follows: (2) Eligibility based on compliance with highly erodible land conservation plan (A) In general If, as of January 1, 1990, or 2 years after the Soil Natural Resources Conservation Service has completed a soil survey for the farm, whichever is later, a person is actively applying a highly erodible land conservation plan, such person shall have until January 1, 1995, to comply with the plan without being subject to program ineligibility. (B) Minimization of documentation In carrying out this subsection, the Secretary, the Natural Resources Conservation Service, and local soil conservation districts shall minimize the quantity of documentation a person must submit to comply with this paragraph. (C) Crop insurance If a person first becomes subject to section 1211(a) solely due to a premium payment described in paragraph (1)(E) of such section, the person shall have until January 1 of the fifth year beginning after the date on which the person first became subject to such section to develop and comply with an approved highly erodible land conservation plan for the land on which the person produces an agricultural commodity covered by a policy or plan of insurance supported by such premium payment. ; and (C) in paragraph (3)— (i) by striking only after subtitle D shall ; and (ii) by striking . The person shall not be required to meet a higher conservation standard than and inserting consistent with ; (3) in subsection (b), by inserting , or premium subsidies, after and benefits ; (4) in subsection (c)— (A) in the matter preceding paragraph (1), by inserting , or premium subsidies, after and benefits ; (B) in paragraph (1), by inserting highly erodible land before conservation system each place it appears; and (C) in paragraphs (1), (2), and (3), by striking Soil Conservation Service each place it appears and inserting Natural Resources Conservation Service ; (5) in subsection (f)— (A) in paragraph (1), by inserting , or premium subsidies, after benefits ; and (B) in paragraph (4)(B), by inserting and premium subsidies after benefits ; and (6) in subsection (g) by amending paragraph (2) to read as follows: (2) concerning conservation technical and financial assistance options and conservation loan options that may be available to such individual to meet the requirements of this section. . 1103. Development and implementation of highly erodible land conservation plans and highly erodible land conservation systems (a) Highly erodible land Section 1213 of the Food Security Act of 1985 ( 16 U.S.C. 3812a ) is amended— (1) in the header, by striking conservation plans and conservation systems and inserting highly erodible land conservation plans and highly erodible land conservation systems ; (2) by inserting highly erodible land before conservation plan each place it appears; and (3) by inserting highly erodible land before conservation system each place it appears. (b) Technical requirements Section 1213(a)(4) of the Food Security Act of 1985 ( 16 U.S.C. 3812a(a)(4) ) is amended by inserting , taking into account the assistance described in section 1212(g)(2) . (c) Certification of compliance Section 1213(d)(2) of the Food Security Act of 1985 ( 16 U.S.C. 3812a(d)(2) ) is amended by striking If a person and inserting Except as necessary to carry out section 1216, if a person . 1104. Notice and investigation of possible compliance deficiencies Section 1215 of the Food Security Act of 1985 ( 16 U.S.C. 3814 ) is amended— (1) by inserting highly erodible land before conservation plan each place it appears; (2) in subsection (a), by inserting carrying out an inspection under section 1216 or before providing on-site technical assistance ; and (3) in subsection (c), by striking may and inserting shall . 1105. Enforcement; funding for technical assistance Subtitle B of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3811 et seq. ) is amended by adding at the end the following new sections: 1216. Enforcement of compliance with highly erodible land conservation plans (a) In general The Secretary shall, to the extent possible, inspect annually at least five percent of the lands subject to compliance with highly erodible land conservation plans and for which the owner or operator is receiving a benefit described in section 1211(a), specifically for the purpose of certifying compliance with the highly erodible land conservation plan and eligibility for such benefits. (b) Annual report to Congress Not later than March 1 of each year following the year of enactment of this provision, the Secretary shall submit to Congress a report detailing the number of acres inspected for compliance with highly erodible land conservation plans, the number and type of infractions found, and the corrective or enforcement actions, including reviews conducted under section 1215(c) and graduated penalties imposed under section 1212(f), associated with each, including the agency’s justifications for each action. The report may include other pertinent information regarding compliance and enforcement, as determined by the Secretary. 1217. Funding for technical assistance The Secretary shall make available a portion of the administrative and technical assistance funding provided to administer the benefits described in section 1211(a) to be used for technical assistance, monitoring, and enforcement associated with highly erodible land conservation. Funds shall be drawn from each program in proportion to the relative funding of each individual program. . C Wetland conservation 1201. Program ineligibility (a) Production on covered wetland Section 1221(a) of the Food Security Act of 1985 ( 16 U.S.C. 3821(a) ) is amended— (1) in the matter preceding paragraph (1), by inserting after the effective date of the Balancing Food, Farm, and the Environment Act of 2013 , before any person who ; and (2) in paragraph (2), by striking an amount determined by the Secretary to be proportionate to the severity of the violation and inserting accordance with subsection (b) . (b) Ineligibility for certain loans and payments Section 1221(b) of the Food Security Act of 1985 ( 16 U.S.C. 3821(b) ) is amended— (1) in the matter preceding paragraph (1), by striking the Secretary shall determine which of, and the amount of, the following loans and payments for which the person shall be ineligible and inserting the person shall be ineligible for the following loans and payments ; and (2) by striking paragraphs (1) and (2) and inserting the following: (1) As to any commodity produced during the crop year by such person— (A) contract payments under a production flexibility contract, marketing assistance loans, and any type of price or revenue support or payment made available under the Agricultural Market Transition Act ( 7 U.S.C. 7201 et seq. ), the Commodity Credit Corporation Charter Act ( 15 U.S.C. 714 et seq. ), the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8701 et seq. ), or any other Act; (B) a farm storage facility loan made under section 4(h) of the Commodity Credit Corporation Charter Act ( 15 U.S.C. 714b(h) ); (C) a loan made, insured, or guaranteed under the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) or any other provision of law administered by the Consolidated Farm Service Agency, if the Secretary determines that the proceeds of such loan will be used for a purpose that will contribute to excessive erosion of highly erodible land; or (D) any portion of the premium paid by the Federal Crop Insurance Corporation for a policy or plan of insurance under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ). (2) A payment made under section 4 or 5 of the Commodity Credit Corporation Charter Act (15 U.S.C. 714b or 714c) during such crop year for the storage of an agricultural commodity acquired by the Commodity Credit Corporation. . 1202. Delineation of wetlands; exemptions (a) Exemptions Section 1222(b) of the Food Security Act of 1985 ( 16 U.S.C. 3822(b) ) is amended— (1) in the matter preceding paragraph (1), by inserting , or premium subsidies, after or payments ; and (2) by adding at the end the following new paragraph: (3) In the case of payments that are subject to section 1221 for the first time due to the amendments made by section 1201(b) of the Balancing Food, Farm, and the Environment Act of 2013 , a wetland that was converted after April 4, 1996 and before October 1, 2013, on land that is the basis of the payments, provided the person in control of the land is and has been otherwise in compliance with section 1221. . (b) On-Site inspection requirement Section 1222(c) of the Food Security Act of 1985 ( 16 U.S.C. 3822(c) ) is amended by striking , or benefits and inserting , benefits, or premium subsidies . (c) Good faith exemption Section 1222(h)(1) of the Food Security Act of 1985 (16 U.S.C. 3822(h)) is amended to read as follows: (1) Graduated penalties If a person is in violation of section 1221 but has acted in good faith and without an intent to violate such section, as determined by the Secretary, the Secretary may, in lieu of applying the ineligibility provisions of section 1221(b), reduce program benefits and premium subsidies described in such section that the producer would otherwise be eligible to receive in a crop year by an amount commensurate with the seriousness of the violation, as determined by the Secretary. . (d) Eligibility for crop insurance Section 1222 of the Food Security Act of 1985 ( 16 U.S.C. 3822 ) is amended by adding at the end the following new subsection: (l) Eligibility for crop insurance In the case of payments that are subject to section 1221 for the first time due to the amendments made by section 1201(b) of the Balancing Food, Farm, and the Environment Act of 2013 , no person who plants or produces an agricultural commodity on a converted wetland on land that is the basis of the payments shall be ineligible under section 1221 for program loans or payments, or premium subsidies, unless the person fails to mitigate for the loss of wetland values, acreage, and function in accordance with subparagraphs (A) through (G) of subsection (f)(2) by the end of the 24-month period following the date on which the payments became subject to section 1221. . D Conservation reserve 1301. Conservation reserve (a) In general Section 1231(a) of the Food Security Act of 1985 ( 16 U.S.C. 3831(a) ) is amended— (1) by striking 2012 and inserting 2018 ; and (2) by inserting or easements after contracts . (b) Eligible land Section 1231(b) of the Food Security Act of 1985 ( 16 U.S.C. 3831(b) ) is amended— (1) in paragraph (1)(B), by striking the Food, Conservation, and Energy Act of 2008 and inserting Balancing Food, Farm, and the Environment Act of 2013 ; (2) by striking paragraph (2) and inserting the following new paragraph: (3) grassland that— (A) contains forbs or shrubland (including improved rangeland and pastureland) for which grazing is the predominant use; (B) is located in an area historically dominated by grassland; and (C) could provide habitat for animal or plant populations of significant ecological value, or corridors to facilitate wildlife movement and migration, if the land is retained in its current use or restored to a natural condition; ; and (3) in paragraph (4)— (A) in subparagraph (C)— (i) by inserting , wildlife habitat buffers, shallow water areas for wildlife after permanent wildlife habitat ; (ii) by inserting , wetland buffers, riparian buffers after shelterbelts ; and (iii) by striking devoted to trees or shrubs ; (B) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and (C) by inserting after subparagraph (C) the following new subparagraph: (D) the land will be devoted to nutrient-trapping conservation practices approved by the Secretary used in association with a newly created or existing conservation buffer practice; . (c) Planting status of certain land; maximum enrollment Subsections (c) and (d) of section 1231 of the Food Security Act of 1985 ( 16 U.S.C. 3831 ) are amended to read as follows: (c) Planting status of certain land For purposes of determining the eligibility of land to be placed in the conservation reserve established under this subchapter, land shall be considered to be planted to an agricultural commodity during a crop year if, during the crop year, the land was devoted to a conserving use. (d) Maximum enrollment (1) In general The Secretary may maintain in the conservation reserve at any 1 time during— (A) fiscal year 2014, no more than 26,000,000 acres; (B) fiscal year 2015, no more than 25,000,000 acres; (C) fiscal year 2016, no more than 24,000,000 acres; and (D) fiscal years 2017 and 2018, no more than 23,000,000 acres. (2) Reservation The Secretary, to the maximum extent feasible, shall manage the conservation reserve to ensure that on an annual basis not less than 600,000 acres are available for new enrollments of eligible land— (A) described in subparagraphs (B) through (F) of subsection (b)(4); and (B) enrolled under the special conservation reserve enhancement program authority under section 1234(f)(4). (3) Priority The Secretary shall give priority to enrollments under the reservation in paragraph (2) to land located in nutrient-impacted watersheds for which the enrollment would reduce nutrient loadings, as determined by the Secretary. (4) Consideration In applying paragraph (3), the Secretary shall take into consideration the effects that may exist of any drainage infrastructure on the potential to reduce nutrient loadings. . 1302. Contracts (a) Modifications Section 1235(c)(1)(B)(iii) of the Food Security Act of 1985 ( 16 U.S.C. 3835(c)(1)(B)(iii) ) is amended to read as follows: (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 . (b) Transition option for certain farmers or ranchers Section 1235(f)(1) of the Food Security Act of 1985 ( 16 U.S.C. 3835(f)(1) ) is amended— (1) 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 ; (2) in subparagraph (A)— (A) in clause (i), by striking ; and and inserting a semicolon; (B) in clause (ii), by striking the semicolon and inserting ; and ; and (C) by adding at the end the following new clauses: (iv) 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; and (v) 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 agricultural conservation easement program; ; (3) in subparagraph (B), by inserting comprehensive before conservation plan ; (4) by striking subparagraph (D) and redesignating subparagraph (E) as subparagraph (D); and (5) in subparagraph (D) (as so redesignated), by striking , if the retired or retiring owner or operator is not a family member (as defined in section 1001A(b)(3)(B) of this Act) of the covered farmer or rancher and inserting 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 otherwise transferred to the covered farmer or rancher on termination of the contract . 1303. Conservation reserve easement program Subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3831 et seq. ) is amended by adding at the end the following new section: 1236. Conservation reserve easement program (a) Establishment The Secretary shall formulate and carry out a conservation reserve easement program (hereafter in this section referred to as the easement program ) in accordance with this section, through the acquisition of permanent easements or easements for the maximum term permitted under applicable State law from willing owners of eligible farms or ranches in order to ensure the continued long-term protection of environmentally sensitive lands, reduction in the degradation of water quality, and enhancement of wildlife habitat on such farms or ranches through the continued conservation and improvement of soil and water resources. (b) Eligibility; termination (1) In general Except as provided in paragraph (2), the Secretary may acquire easements under this section on eligible land placed in the conservation reserve under this subchapter that— (A) is determined by the Secretary to be unsuitable for long-term commodity production; (B) is an area of critical habitat for wildlife, especially threatened or endangered species; or (C) contains other environmentally sensitive areas, as determined by the Secretary, that would prevent a producer from complying with other Federal, State, or local environmental goals if commodities were to be produced on such land. (2) Ineligible land The Secretary may not acquire easements on— (A) land that contains timber stands established under this subchapter; or (B) pasture land established to trees under this subchapter. (3) Termination of existing contract The Secretary may terminate or modify any existing contract entered into under section 1231(a) if eligible land that is subject to such contract is transferred into the easement program. (c) Duties of owners (1) Plan (A) In general In conjunction with the creation of an easement on any lands under this section, the owner of the farm or ranch wherein such lands are located must agree to implement a natural resource conservation management plan in accordance with subparagraph (B) and approved by the Secretary. (B) Components A natural resource conservation management plan shall— (i) set forth the conservation measures and practices to be carried out by the owner of the land subject to the easement; (ii) set forth the commercial use, if any, to be permitted on such land during the term of the easement; and (iii) provide for the permanent retirement of any existing cropland base and allotment history for such land under any program administered by the Secretary. (2) Agreement In return for the creation of an easement on any lands under this section, the owner of the farm or ranch wherein such lands are located must agree to the following: (A) To the creation and recordation of an appropriate deed restriction, in accordance with applicable State law, to reflect the easement agreed to under this section with respect to such lands. (B) To provide a written statement of consent to such easement signed by those holding a security interest in the land. (C) To comply with such additional provisions as the Secretary determines are desirable and are included in the easement to carry out this section or to facilitate the practical administration thereof. (D) To limit the production of any agricultural commodity on such lands only to production for the benefit of wildlife. (E) Not to conduct any harvesting or grazing, nor otherwise make commercial use of the forage, on land that is subject to the easement, unless specifically provided for in the easement or related agreement. (F) Not to adopt any other practice that would tend to defeat the purposes of this chapter, as determined by the Secretary. (3) Violation On the violation of the terms or conditions of the easement or related agreement entered into under this section, the easement shall remain in force and the Secretary may require the owner to refund all or part of any payments received by the owner under this section, together with interest thereon as determined appropriate by the Secretary. (d) Duties of the secretary In return for the granting of an easement by an owner under this section, the Secretary shall— (1) share the cost of carrying out the establishment of conservation measures and practices set forth in the plan described in section 1232(a)(1) for which the Secretary determines that cost sharing is appropriate and in the public interest; (2) pay for a period not to exceed 10 years annual easement payments in the aggregate not to exceed the lesser of— (A) $250,000; or (B) the difference in the value of the land with and without the easement; (3) provide necessary technical assistance to assist owners in complying with the terms and conditions of the easement and the comprehensive conservation plan; and (4) permit the land to be used for wildlife activities, including hunting and fishing, if such use is permitted by the owner. (e) Time of payment The Secretary shall provide payment for obligations incurred by the Secretary under this section— (1) with respect to any cost sharing obligation, as soon as possible after the obligation is incurred; and (2) with respect to any annual easement payment obligation, as soon as possible after October 1 of each year. (f) Cost sharing payments In making cost sharing payments to owners under this section, the Secretary may pay up to 100 percent of the cost of establishing conservation measures and practices pursuant to this section. (g) Easement payments (1) Determination of amount The Secretary shall determine the amount payable to owners in the form of easement payments under this section, and in making such determination may consider, among other things, the amount necessary to encourage owners to participate in the easement program. (2) Acceptability of offers In determining the acceptability of easement offers, the Secretary may take into consideration— (A) the extent to which the purposes of the easement program would be achieved on the land; (B) the productivity of the land; and (C) the on-farm and off-farm environmental threats if the land is used for the production of agricultural commodities. (3) Priority The Secretary shall prioritize offers that maximize the environmental goals of the easement program, particularly regarding improvements to water quality, wildlife habitat and corridors, and water conservation. Priority may also be given to easements that are part of a cooperative conservation effort to address priority resource concerns on a regional or watershed scale, or that are adjacent to existing conservation lands. (h) Payments to others If an owner who is entitled to a payment under this section dies, becomes incompetent, is otherwise unable to receive such payment, or is succeeded by another person who renders or completes the required performance, the Secretary shall make such payment, in accordance with regulations prescribed by the Secretary and without regard to any other provision of law, in such manner as the Secretary determines is fair and reasonable in light of all of the circumstances. (i) Modification The Secretary may modify an easement acquired from, or a related agreement with, an owner under this section if— (1) the current owner of the land agrees to such modification; and (2) the Secretary determines that such modification is desirable— (A) to carry out this section; (B) to facilitate the practical administration of this section; or (C) to achieve such other goals as the Secretary determines are appropriate and consistent with this section. (j) Termination The Secretary may terminate an easement created with an owner under this section if— (1) the current owner of the land agrees to such termination; and (2) the Secretary determines that such termination would be in the public interest. . E Conservation Stewardship Program 1401. Definitions (a) Conservation activities (1) In general Section 1238D(1)(A) of the Food Security Act of 1985 ( 16 U.S.C. 3838d(1)(A) ) is amended by striking a resource concern and inserting one or more resource concerns . (2) Inclusions Section 1238D(1)(B) of the Food Security Act of 1985 ( 16 U.S.C. 3838d(1)(B) ) is amended to read as follows: (B) Inclusions The term conservation activities includes— (i) vegetative measures and land management measures, including integrated pest, nutrient, crop residue, and managed rotational grazing management measures, as determined by the Secretary; (ii) structural measures that are integrated with and essential to the successful implementation of such vegetative and land management measures; (iii) planning needed to address a resource concern; and (iv) development of a comprehensive conservation plan. . (b) Conservation measurement tools Section 1238D(2) of the Food Security Act of 1985 ( 16 U.S.C. 3838d(2) ) is amended by inserting natural resource and before environmental benefit . (c) Priority resource concern Section 1238D of the Food Security Act of 1985 ( 16 U.S.C. 3838d ) is amended by striking paragraphs (4) and (6) and redesignating paragraphs (5) and (7) as paragraphs (4) and (5), respectively. (d) Stewardship threshold Section 1238D(5) of the Food Security Act of 1985 (as so redesignated) is amended to read as follows: (5) Stewardship threshold The term stewardship threshold means the level of natural resource conservation and environmental management required to address and improve upon a priority resource concern, as determined by the Secretary using— (A) conservation measurement tools; (B) the resource management system quality criteria for the particular priority resource concerns; (C) data from past and current program enrollments; and (D) other similar means to measure improvement and conservation of the priority resource concern. . 1402. Conservation Stewardship Program (a) Establishment and purpose Section 1238E(a) of the Food Security Act of 1985 ( 16 U.S.C. 3838e(a) ) is amended in the matter preceding paragraph (1)— (1) by striking 2009 through 2014 and inserting 2013 through 2018 ; and (2) by striking resource concerns and inserting priority resource concerns and improve and conserve the quality and condition of natural resources . (b) Eligible land Section 1238E(b) of the Food Security Act of 1985 ( 16 U.S.C. 3838e(b) ) is amended— (1) in paragraph (1)— (A) in subparagraph (D), by inserting priority before resource concerns ; and (B) by adding at the end the following new subparagraph: (E) Nonindustrial private forest land. ; and (2) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2). (c) Exclusions (1) Land enrolled in other conservation programs Section 1238E(c)(1) of the Food Security Act of 1985 ( 16 U.S.C. 3838e(c)(1) ) is amended— (A) in the matter preceding subparagraph (A), by striking be eligible for enrollment in the program and inserting eligible for enrollment in the program and shall not be considered part of the agricultural operation of the producer for purposes of the program ; and (B) by amending subparagraph (A) to read as follows: (A) Land enrolled in the conservation reserve program, unless— (i) the applicant’s conservation reserve program contract will expire at the end of the fiscal year in which the applicant applies for enrollment in the program; and (ii) conservation reserve program payments for land enrolled in the program cease before the first conservation stewardship program payment is made to the applicant. . (2) Transition Section 1238E(c) of the Food Security Act of 1985 ( 16 U.S.C. 3838e(c) ) is amended by redesignating paragraph (2) as paragraph (3) and inserting after paragraph (1) the following new paragraph: (2) Transition The Secretary may permit land described in paragraph (1)(A) to be prepared for production as a grazing operation prior to the expiration of the conservation reserve program contract when a conservation stewardship contract has been approved, if no production takes place until after the expiration of the conservation reserve program contract. . (3) Conversion to cropland Section 1238E(c)(2) of the Food Security Act of 1985 ( 16 U.S.C. 3838e(c)(2) ) is amended by striking the date of enactment of the Food, Conservation, and Energy Act of 2008 and inserting October 1, 2013 . 1403. Stewardship contracts (a) Submission of contract offers Section 1238F(a) of the Food Security Act of 1985 ( 16 U.S.C. 3838f(a) ) is amended— (1) in paragraph (1)— (A) by inserting or exceeding before the stewardship threshold ; and (B) by striking one resource concern and inserting 2 priority resource concerns ; and (2) by amending paragraph (2) to read as follows: (2) would, at a minimum, meet or exceed the stewardship threshold for at least 1 additional priority resource concern by the end of the stewardship contract by— (A) installing and adopting additional conservation activities; (B) improving, maintaining, and managing conservation activities on the agricultural operation of the producer in a manner that increases or extends the conservation benefits in place at the time the contract offer is accepted by the Secretary; and (C) if applicable, describing the resource-conserving crop rotation, managed intensive rotation grazing system, or transition to organic crop or livestock systems the producer agrees to improve, maintain, and manage, or install and adopt, during the term of the conservation stewardship contract. . (b) Evaluation of contract offers Section 1238F(b)(1) of the Food Security Act of 1985 ( 16 U.S.C. 3838f(b)(1) ) is amended to read as follows: (1) Ranking of applications In evaluating contract offers made by producers to enter into contracts under the program, the Secretary shall rank applications based on— (A) the level of conservation and environmental benefits resulting from all conservation activities to be covered by the contract, including conservation activities proposed to be commenced as a result of the contract, on all applicable priority resource concerns, based to the maximum extent practicable on conservation measurement tools; and (B) in the event of a tie in ranking scores between two or more applications, the extent to which the actual and anticipated environmental benefits from the contract are provided at the least cost. . (c) Entering into contracts Section 1238F(c) of the Food Security Act of 1985 ( 16 U.S.C. 3838f(c) ) is amended to read as follows: (c) Entering into contracts (1) In general After a determination that a producer is eligible for the program under subsection (a), and a determination that the contract offer ranks sufficiently high under the evaluation criteria under subsection (b), the Secretary shall enter into a conservation stewardship contract with the producer to enroll the land to be covered by the contract. (2) Financial obligation Consistent with section 1238G(e)(4), a contract entered into under paragraph (1) shall not create an obligation for financial assistance until the first October 1 after the contract is entered into. . (d) Contract renewal Section 1238F(e) of the Food Security Act of 1985 ( 16 U.S.C. 3838f(e) ) is amended to read as follows: (e) Contract renewal At the end of a conservation stewardship contract of a producer, the Secretary may allow the producer to renew the contract for an additional five-year period if the producer— (1) demonstrates compliance with the terms of the existing contract; (2) agrees to adopt new or improved conservation activities, as determined by the Secretary; and (3) has met or exceeded, or agrees to meet or exceed, the stewardship threshold for all priority resource concerns identified for the region or area in which the land that is subject to the contract is located. . (e) Modification Section 1238F(f) of the Food Security Act of 1985 ( 16 U.S.C. 3838f(f) ) is amended to read as follows: (f) Modification (1) In general The Secretary may allow a producer to modify a stewardship contract if the Secretary determines that the modification is consistent with achieving the purposes of the program. (2) Changes in control of land The Secretary shall allow a producer to add or subtract from the contract land over which the producer loses or gains control, respectively, during the contract period if such modification is consistent with achieving the purposes of the program and if the Secretary determines that the resulting natural resource and environmental benefits would equal or exceed the original contract. . (f) Coordination with organic certification Section 1238F(h) of the Food Security Act of 1985 ( 16 U.S.C. 3838f(h) ) is amended by inserting or maintain after may initiate . (g) On-Farm research and demonstration or pilot testing Section 1238F of the Food Security Act of 1985 ( 16 U.S.C. 3838f ) is amended by striking subsection (i). 1404. Duties of the Secretary (a) In general Section 1238G(a) of the Food Security Act of 1985 ( 16 U.S.C. 3838g(a) ) is amended to read as follows: (a) In general To achieve the conservation goals of a contract under the conservation stewardship program, the Secretary shall— (1) make the program available to eligible producers on a continuous enrollment basis with 1 or more ranking periods, one of which shall occur in the first third of each fiscal year; (2) identify priority resource concerns in a particular watershed or other appropriate region or area within a State; (3) for any region or area that includes any part of a nutrient-impacted watershed (as determined by the Secretary), ensure that one of the priority resource concerns identified under paragraph (2) is water pollution caused by excess nutrient loads; (4) develop reliable conservation measurement tools for purposes of carrying out the program; and (5) ensure that conservation measurement tools are transparent and available to producers by— (A) making interactive, user-friendly conservation measurement tools publically available online; (B) making conservation activity natural resource and environmental benefit scores available in an easy to understand format for study both before and during application; and (C) taking other similar steps, as determined by the Secretary. . (b) Allocation to States Section 1238G(b) of the Food Security Act of 1985 ( 16 U.S.C. 3838g(b) ) is amended— (1) in paragraph (1), by striking primarily ; and (2) in paragraph (2), in the matter preceding subparagraph (A), by striking also . (c) Acreage enrollment limitation Section 1238G(d) of the Food Security Act of 1985 ( 16 U.S.C. 3838g(d) ) is amended— (1) in paragraph (1), by striking 12,769,000 and inserting 10,000,000 ; and (2) in paragraph (2), by striking $18 and inserting $23 . (d) Conservation stewardship payments (1) Availability of payments Section 1238G(e)(1)(B) of the Food Security Act of 1985 ( 16 U.S.C. 3838g(e)(1)(B) ) is amended by striking at the operation of the producer and inserting on the agricultural operation of the producer . (2) Payment amount Section 1238G(e)(2) of the Food Security Act of 1985 ( 16 U.S.C. 3838g(e)(2) ) is amended to read as follows: (2) Payment amount (A) In general The amount of the conservation stewardship payment shall be determined by the Secretary and based, to the maximum extent practicable, on the following factors: (i) Costs incurred by the producer associated with planning, design, materials, installation, labor, management, maintenance, or training. (ii) Income forgone by the producer. (iii) Expected natural resource and environmental benefits resulting from existing and proposed conservation treatment, based to the maximum extent possible on conservation measurement tools. (B) Payment differential In applying subparagraph (A), the Secretary shall, where applicable, differentiate between— (i) improving, maintaining, and managing conservation activities in place on the agricultural operation at the time the contract offer is accepted by the Secretary; and (ii) installing and adopting additional conservation activities on the agricultural operation. . (3) Minimum payment Section 1238G(e) of the Food Security Act of 1985 ( 16 U.S.C. 3838g(e) ) is amended by adding at the end the following new paragraph: (5) Minimum payment (A) In general A payment to a producer under this subsection shall be not less than $1,500 per year. (B) Comprehensive contract If a contract requires a comprehensive conservation plan the implementation of which will, by the end of the contract term, meet or exceed the stewardship threshold for all priority resource concerns, the minimum payment shall be not less than $3,000. . (e) Supplemental payments for resource-Conserving crop rotations Section 1238G(f) of the Food Security Act of 1985 ( 16 U.S.C. 3838g(f) ) is amended to read as follows: (f) Supplemental payments for resource-Conserving crop rotations, managed intensive rotational grazing, and transition to organic crop or livestock systems (1) Availability of payments The Secretary shall provide additional payments to producers that, in participating in the program, agree to— (A) improve, maintain, and manage, or adopt and maintain— (i) resource-conserving crop rotations; or (ii) managed intensive rotational grazing; or (B) transition to organic crop or livestock systems. (2) Resource-conserving crop rotation In this subsection, the term resource-conserving crop rotation means a crop rotation that— (A) includes at least 1 resource conserving crop (as defined by the Secretary); (B) reduces erosion; (C) improves water quality; (D) improves soil fertility and tilth; (E) interrupts pest cycles; and (F) in applicable areas, reduces depletion of soil moisture or otherwise reduces the need for irrigation. (3) Managed intensive rotational grazing In this subsection, the term managed intensive rotational grazing means a system in which animals are regularly and systematically moved to fresh pasture in such a way as to— (A) maximize the quantity and quality of forage growth; (B) improve manure distribution and nutrient cycling; (C) increase carbon sequestration from greater forage harvest; (D) improve the quantity and quality of cover for wildlife; (E) provide permanent cover to protect the soil from erosion; and (F) improve water quality. (4) Transition to organic crop or livestock systems In this subsection, the term transition to organic crop or livestock systems means adoption of conservation activities for certified organic production on land or for herds not previously certified organic that meet all the requirements of the program and that are consistent with the regulations promulgated under the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.). . (f) Payment limitations Section 1238G(g) of the Food Security Act of 1985 ( 16 U.S.C. 3838g(g) ) is amended to read as follows: (g) Payment limitations (1) In general A person or legal entity may not receive, directly or indirectly, payments under this subchapter that, in the aggregate, exceed $200,000 for all contracts entered into during any 5-year period, excluding funding arrangements with federally recognized Indian tribes or Alaska Native corporations, regardless of the number of contracts entered into under the program by the person or entity. (2) Acreage Any acres enrolled in the program that will not receive payments due to the limitation in paragraph (1) shall not be counted toward the acreage limitation in subsection (d)(1). . (g) Regulations Section 1238G(h) of the Food Security Act of 1985 ( 16 U.S.C. 3838g(h) ) is amended by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively, and by inserting before paragraph (2) (as so redesignated) the following new paragraph: (1) require participants in the program to be actively engaged in farming or ranching; . (h) Data Section 1238G(i) of the Food Security Act of 1985 ( 16 U.S.C. 3838g(i) ) is amended to read as follows: (i) Data The Secretary shall maintain detailed and segmented data on contracts and payments under the program to allow, at a minimum, with respect to each contract— (1) quantification of the type and extent of conservation activities for which payments were made; (2) quantification of the amount of payments made for— (A) the installation and adoption of additional conservation activities and improvements to conservation activities in place on the operation of a producer at the time the conservation stewardship offer is accepted by the Secretary; and (B) the maintenance of existing conservation activities; and (3) identification of the watershed and county in which the agricultural operation receiving payments is located. . (i) Payments for conservation activities related to organic production Section 1238G of the Food Security Act of 1985 ( 16 U.S.C. 3838g ) is amended by adding at the end the following new subsection: (g) Payments for conservation activities related to organic production (1) In general The Secretary shall provide payments for conservation activities related to organic production. (2) Eligibility requirements As a condition for receiving payments under the program, a producer shall agree to develop and implement conservation activities for certified organic production that are consistent with the regulations promulgated under the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.) and the purposes of the program. (3) Planning (A) In general The Secretary shall provide planning assistance to producers transitioning to certified organic production consistent with the requirements of the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.) and the purposes of this subchapter. (B) Avoidance of duplication The Secretary shall, to the maximum extent practicable, eliminate duplication of planning activities for a producer participating in a contract under this subchapter and initiating or maintaining organic certification consistent with the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.). . (j) Comprehensive conservation planning Section 1238G of the Food Security Act of 1985 ( 16 U.S.C. 3838g ), as amended by subsection (i), is further amended by adding at the end the following new subsection: (h) Comprehensive conservation planning The Secretary shall provide technical and financial assistance to producers under the program to develop a comprehensive conservation plan for the agricultural operation of the producer. . F Environmental Quality Incentives Program 1501. Purposes Section 1240 of the Food Security Act of 1985 ( 16 U.S.C. 3839aa ) is amended to read as follows: 1240. Purposes The purpose of the environmental quality incentives program established by this chapter is to assist producers in implementing conservation systems, practices, and activities on their operations in order to— (1) improve water quality, with special emphasis on reducing nutrient pollution and protecting sources of drinking water; (2) avoid, to the maximum extent practicable, the need for resource and regulatory programs by assisting producers in protecting soil, water, air, and related natural resources and meeting environmental quality criteria established by Federal, State, tribal, and local agencies; (3) conserve ground and surface water to sustain or improve in-stream flows; (4) enhance soil quality; (5) control invasive species; (6) enhance critical aquatic and terrestrial wildlife habitat for at-risk species; (7) reduce the amount and toxicity of pesticides and other agricultural chemicals found on food and in water or the air; (8) reduce the nontherapeutic use of medically important antibiotics in food-producing animals in order to preserve the effectiveness of antibiotics used in the treatment of human and animal disease; (9) help producers adapt to a changing and unpredictable climate and increase resiliency to climate change impacts, including rising temperatures and extreme weather events, while reducing greenhouse gas emissions; and (10) address additional priority resource concerns, as determined by the Secretary. . 1502. Definitions (a) Organic system plan Section 1240A of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–1 ) is amended by striking paragraph (3) and redesignating paragraphs (4) through (6) as paragraphs (3) through (5), respectively. (b) Practice Section 1240A of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–1 ) is further amended in paragraph (4)(B) (as redesignated by subsection (a))— (1) in clause (i), by striking ; and and inserting a semicolon; (2) by redesignating clause (ii) as clause (iii); and (3) by inserting after clause (i) the following new clause: (ii) comprehensive conservation planning; and . 1503. Establishment and administration (a) Establishment Section 1240B(a) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2(a) ) is amended by striking 2002 through 2014 and inserting 2013 through 2018 . (b) Term Section 1240B(b)(2)(B) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2(b)(2)(B) ) is amended by striking 10 years and inserting 5 years . (c) Priority Section 1240B(c) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2(c) ) is amended to read as follows: (c) Priority If the Secretary determines that the environmental values of two or more applications for payments are comparable, the Secretary shall assign a higher priority to a program application which will achieve the environment and conservation values using practices and systems the assessed cost of which is lower. . (d) Payments (1) Increased payments for certain practices Section 1240B(d)(3) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2(d)(3) ) is amended to read as follows: (3) Increased payments for certain practices The Secretary shall provide supplemental payments and enhanced technical assistance to producers implementing land management and vegetative practices at a level that, as determined by the Secretary, results in highly cost-effective treatment of priority resource concerns, including— (A) residue and tillage management; (B) contour farming; (C) cover cropping; (D) integrated pest management; (E) nutrient management; (F) stream corridor improvement; (G) invasive plant species control; (H) contour buffer strips; (I) riparian herbaceous and forest buffers; (J) filterstrips; (K) stream habitat improvement and management; (L) grassed waterways; (M) wetland restoration and enhancement; (N) pollinator habitat; or (O) conservation crop rotation. . (2) Increased payments for certain producers Section 1240B(d)(4)(B) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2(d)(4)(B) ) is amended by striking 30 percent and inserting 50 percent . (3) Limitation on payments for certain practices Section 1240B(d) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2(d) ) is amended by adding at the end the following new paragraph: (7) Limitation on payments for certain practices A producer who owns or operates a large confined animal feeding operation (as defined by the Secretary) shall not be eligible for payments under this chapter to construct an animal waste management facility or any associated waste transport or transfer device. . (e) Allocation of funding Section 1240B(f) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2(f) ) is amended to read as follows: (f) Allocation of funding Of the funds made available for payments for each of fiscal years 2014 through 2018— (1) 50 percent shall be targeted at practices relating to livestock production; and (2) not less than 10 percent shall be targeted at practices relating to improvement of fish and wildlife habitat. . (f) Water conservation or irrigation efficiency practice (1) Availability of payments Section 1240B(h)(1) of the Food Security Act of 1985 (16 U.S.C. 3839aa–2(h)(1)) is amended to read as follows: (1) Availability of payments The Secretary may provide payments under this subsection to a producer for a water conservation or irrigation practice that promotes ground and surface water conservation on the agricultural operation of the producer by— (A) improvements to irrigation systems; (B) enhancement of irrigation efficiencies; (C) conversion of the agricultural operation to— (i) the production of less water-intensive agricultural commodities; or (ii) dryland farming; (D) improvement of the storage of water through measures such as water banking and groundwater recharge; (E) enhancement of fish and wildlife habitat associated with irrigation systems including pivot corners and areas with irregular boundaries; or (F) establishment of other measures, as determined by the Secretary, that improve groundwater and surface water conservation in agricultural operations. . (2) Priority Section 1240B(h)(2) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2(h)(2) ) is amended— (A) in subparagraph (A), by striking ; or and inserting ; and ; and (B) by amending subparagraph (B) to read as follows: (B) any associated water savings remain in the original source of such water for the useful life of the practice. . (3) Duty of producers Section 1240B(h) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2(h) ) is amended by adding at the end the following new paragraph: (3) Duty of producers The Secretary may not provide payments to a producer for a water conservation or irrigation practice under this chapter unless the producer agrees not to use any associated water savings to bring new land, other than incidental land needed for efficient operations, under irrigated production, unless the producer is participating in a watershed-wide project that will effectively conserve water, as determined by the Secretary. . (g) Payments for conservation practices related to organic production (1) Payments authorized Section 1240B(i)(1) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2(i)(1) ) is amended by striking subsection and inserting chapter . (2) Eligibility requirements Section 1240B(i)(2) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2(i)(2) ) is amended to read as follows: (2) Eligibility requirements As a condition for receiving payments under this chapter, a producer shall agree to develop and implement conservation practices for certified organic production that are consistent with the regulations promulgated under the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.) and the purposes of this chapter. . (3) Payment limitations; coordination with organic certification; planning Section 1240B(i) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2(i) ) is amended— (A) by striking paragraph (3) and redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (B) by inserting after paragraph (2) the following new paragraphs: (3) Coordination with organic certification The Secretary shall establish a transparent means by which producers may initiate organic certification under the Organic Foods Production Act of 1990 ( 7 U.S.C. 6501 et seq. ) while participating in a contract under this chapter. (4) Planning (A) In general The Secretary shall provide planning assistance to producers transitioning to certified organic production consistent with the requirements of the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.) and the purposes of this chapter. (B) Avoidance of duplication The Secretary shall, to the maximum extent practicable, eliminate duplication of planning activities for a producer participating in a contract under this chapter and initiating or maintaining organic certification consistent with the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.). . (h) Payments for conservation practices related to antibiotic use Section 1240B of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2 ) is amended by adding at the end the following new subsection: (j) Payments for conservation practices related to antibiotic use (1) Payments authorized The Secretary shall provide payments under this chapter to livestock producers for three years, to assist in a transition to modified animal management and production systems, for practices leading to the reduction in the need for antibiotics, including modification of systems and spaces to— (A) improve sanitation; (B) improve ventilation; or (C) support the implementation of improved animal management techniques at the operation. (2) Duty of producer The Secretary shall not make payments under this chapter for practices related to antibiotic use unless the producer agrees to provide information to the Secretary documenting the resulting reduction in antibiotic use in the operation of the producer. . (i) Comprehensive conservation planning Section 1240B of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2 ), as amended by subsection (g), is further amended by adding at the end the following new subsection: (k) Comprehensive conservation planning The Secretary shall provide technical and financial assistance to producers under the program to develop a comprehensive conservation plan for the agricultural operation of the producer. . 1504. Evaluation of Applications (a) Evaluation criteria Section 1240C(a) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–3(a) ) is amended by striking , national, State, and local conservation priorities and inserting priority resource concerns identified under subsection (d) . (b) Prioritization of applications Section 1240C(b) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–3(b) ) is amended— (1) in paragraph (1), by striking achieving the anticipated environmental benefits of the project and inserting priority resource concerns identified under subsection (d) ; and (2) in paragraph (2), by striking designated resource concern or resource concerns and inserting priority resource concerns identified under subsection (d), including, in the case of applications from nutrient-impacted watersheds, the degree to which nutrient loadings would be reduced as a result of the proposed project . (c) Grouping of applications Section 1240C(c) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–3(c) ) is amended by striking for evaluation purposes or otherwise evaluate applications relative to other applications for similar farming operations and inserting proposing to address the same priority resource concerns for evaluation purposes . (d) Priority resource concerns Section 1240C of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–3 ) is amended by adding at the end the following new subsection: (d) Priority resource concerns For the purposes of this section, the Secretary shall identify priority resource concerns in a particular watershed or other appropriate region or area within a State. . 1505. Environmental quality incentives program plan (a) Plan of operations Section 1240E(a) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–5(a) ) is amended to read as follows: (a) Plan of operations To be eligible to receive payments under the program, a producer shall submit to the Secretary for approval a plan of operations that— (1) specifies the priority resource concerns to be addressed; (2) specifies the type, number, and sequencing of conservation systems, practices, or activities to be implemented to address the priority resource concerns; (3) includes such terms and conditions as the Secretary considers necessary to carry out the program, including a description of the purposes to be met by the implementation of the plan and a statement of how the plan will achieve or take significant steps toward achieving the relevant resource management system quality criteria; (4) in the case of a confined livestock feeding operation, provides for development and implementation of a comprehensive nutrient management plan, if applicable; (5) in the case of a producer located within a nutrient-impacted watershed, identifies methods by which the producer will limit nutrient loss; and (6) in the case of forest land, is consistent with the provisions of a forest management plan that is approved by the Secretary, which may include— (A) a forest stewardship plan described in section 5 of the Cooperative Forestry Assistance Act of 1978 ( 16 U.S.C. 2103a ); (B) another practice plan approved by the State forester; or (C) another plan determined appropriate by the Secretary. . (b) Avoidance of duplication Section 1240E(b)(1) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–5(b)(1) ) is amended by striking plan of operations and inserting resource management system plan . 1506. Duties of the Secretary Section 1240F(2) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–6(2) ) is amended by striking information and inserting technical assistance, information, . 1507. Limitation on payments Section 1240G of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–7 ) is amended to read as follows: 1240G. Limitation on payments (a) Limitation on total payments Subject to subsection (b), a person or legal entity may not receive, directly or indirectly, cost-share or incentive payments under this chapter, in the aggregate, for all contracts entered into under this chapter by the person or entity (excluding funding arrangements with federally recognized Native American Indian Tribes or Alaska Native Corporations under section 1240B(h)), regardless of the number of contracts entered into under this chapter by the person or entity, that— (1) during any fiscal year exceed $30,000; and (2) during any five-year period exceed $150,000. (b) Waiver Authority In the case of contracts under this chapter for projects of special environmental significance, as determined by the Secretary, the Secretary may waive the limitation otherwise applicable under subsection (a)(1). (c) Prevention of duplication The Secretary shall not approve a contract or provide payments to any individual for a practice that has already been paid for as part of a previously approved and completed contract for any particular parcel of land. . G Conservation innovation grant program 1601. Conservation innovation grant program Chapter 5 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3839bb et seq. ) is amended by adding at the end the following new section: 1240S. Conservation innovation grant program (a) Competitive grants for innovative conservation approaches The Secretary shall, for each of fiscal years 2014 through 2018, carry out a conservation innovation grant program to encourage innovation in conservation on private farmland, rangeland, wetlands, grasslands, and forest lands. (b) Use The Secretary shall provide grants under this section to governmental and non-governmental organizations and persons, on a competitive basis, to carry out projects that— (1) develop and test innovative and cost-effective technologies and practices and methods of conservation delivery to address priority resource concerns; (2) involve producers who are eligible for payments or technical assistance under this title; (3) leverage Federal funds made available to carry out this section with matching funds provided by State and local governments and private organizations to promote environmental enhancement and protection in conjunction with agricultural production; (4) ensure efficient and effective transfer of innovative technologies and approaches demonstrated through projects that receive funding under this subsection, such as market systems for pollution reduction and practices for the storage of carbon in soil; (5) provide environmental and resource conservation benefits through increased participation by producers of specialty crops; (6) provide payments to producers to implement cost-effective and innovative technologies to address priority resource concerns related to air quality from agricultural operations; or (7) provide environmental and resource conservation benefits through increased participation by beginning farmers and ranchers and socially disadvantaged farmers and ranchers. (c) Evaluation criteria The Secretary shall develop criteria for evaluating applications for competitive grants under this section that will ensure that priority resource concerns are effectively addressed. . H Funding and administration 1701. Commodity Credit Corporation (a) In general Section 1241(a) of the Food Security Act of 1985 (16 U.S.C. 3841(a)) is amended to read as follows: (a) In general For each of fiscal years 2014 through 2018, the Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out the following programs under this title (including the provision of technical assistance): (1) The conservation reserve program under subchapter B of chapter 1 of subtitle D, including, to the maximum extent practicable, $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 and socially disadvantaged farmers or ranchers. (2) The conservation security program under subchapter A of chapter 2 of subtitle D, using such sums as are necessary to administer contracts entered into before September 30, 2008. (3) The conservation stewardship program under subchapter B of chapter 2 of subtitle D. (4) The environmental quality incentives program under chapter 4 of subtitle D, using, to the maximum extent practicable, $1,542,500,000 for each fiscal year. (5) The conservation innovation grant program under section 1240S, using, to the maximum extent practicable, $100,000,000 for each fiscal year. (6) The agricultural conservation easement program under subtitle H, using, to the maximum extent practicable, $704,000,000 for each fiscal year, of which not less than 70 percent shall be used to carry out section 1265C. (7) The conservation loan and loan guarantee program under section 1246, using, to the maximum extent practicable, for each fiscal year— (A) $200,000,000 for direct loans; and (B) $150,000,000 for loan guarantees. . (b) Guaranteed availability of funds Section 1241 of the Food Security Act of 1985 ( 16 U.S.C. 3841 ) is amended— (1) by redesignating subsections (b) through (h) as subsections (c) through (i), respectively; and (2) by inserting after subsection (a) the following: (b) Availability of funds (1) In general Except as provided in paragraph (2), amounts made available by subsection (a) shall be used by the Secretary to carry out the programs specified in such subsection for fiscal years 2014 through 2018 and shall remain available until expended. Amounts made available for the programs specified in such subsection during a fiscal year through modifications, cancellations, terminations, and other related administrative actions and not obligated in that fiscal year shall remain available for obligation during subsequent fiscal years, but shall reduce the amount of additional funds made available in the subsequent fiscal year by an amount equal to the amount remaining unobligated. (2) Conservation innovation grant program Amounts made available by subsection (a)(5) for a fiscal year and not obligated in that fiscal year shall be made available for the environmental quality incentives program under chapter 4 of subtitle D, and shall remain available until expended. . (c) Technical assistance Section 1241(c) of the Food Security Act of 1985 (as redesignated by subsection (b)) is amended to read as follows: (c) Technical Assistance (1) In general Commodity Credit Corporation funds made available for a fiscal year for each of the programs specified in subsection (a)— (A) shall be available for the provision of technical assistance for the programs for which funds are made available; and (B) shall not be available for the provision of technical assistance for conservation programs specified in subsection (a) other than the program for which the funds were made available. (2) Amount The amount of funds made available under paragraph (1) shall in no case equal less than 10 percent nor more than 30 percent of the amounts made available by subsection (a). . (d) Assistance to certain farmers or ranchers for conservation access Section 1241(h) of the Food Security Act of 1985 (as redesignated by subsection (b)) is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking 2012 and inserting 2018 ; and (B) in subparagraph (A), by striking 5 and inserting 10 ; (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 the Secretary ; (3) in paragraph (3), by inserting (but not earlier than 120 days after the date that funding for the fiscal year is allocated to the States) after the Secretary ; and (4) by adding at the end the following new paragraphs: (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 Of 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 under the environmental quality incentives program and the conservation stewardship program to allow the Service to provide additional technical assistance to beginning farmers or ranchers and socially disadvantaged farmers or ranchers to establish comprehensive conservation plans. . 1702. Conservation loan and loan guarantee program Subtitle E of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3841 et seq. ) is amended by adding at the end the following new section: 1246. Conservation loan and loan guarantee program (a) In general The Secretary may make or guarantee qualified conservation loans to eligible borrowers under this section. (b) Definitions In this section: (1) Qualified conservation loan The term qualified conservation loan means a loan, the proceeds of which are used to cover the costs to the borrower of carrying out a qualified conservation project. (2) Qualified conservation project The term qualified conservation project means conservation measures that address provisions of a comprehensive conservation plan of the eligible borrower. (3) Conservation loan plan The term conservation loan plan means a plan, approved by the Secretary, that, for a farming or ranching operation, identifies— (A) the conservation activities that will be addressed with loan funds provided under this section, including— (i) the installation of conservation structures to address soil, water, and related resources; (ii) the establishment of forest cover for sustained yield timber management, erosion control, or shelterbelt purposes; (iii) the installation of water conservation measures; (iv) the installation of waste management systems; (v) the establishment or improvement of permanent pasture; or (vi) other purposes consistent with the plan, including the adoption of any other emerging or existing conservation practices, techniques, or technologies approved by the Secretary; and (B) how and to what extent the conservation project will support the implementation of a comprehensive conservation plan and improve the conditions of identified priority resource concerns. (c) Eligible borrowers (1) In general The Secretary may make or guarantee qualified conservation loans under this section to— (A) farmers or ranchers engaged primarily and directly in agricultural production in the United States; or (B) farm cooperatives, private domestic corporations, partnerships, joint operations, trusts, or limited liability companies that are— (i) controlled by farmers or ranchers; and (ii) engaged primarily and directly in agricultural production in the United States. (2) Conservation loan plan In order to be eligible to receive a loan or loan guarantee under this section, an entity described in paragraph (1) shall have a conservation loan plan. (d) Priority In making or guaranteeing qualified conservation loans under this section, the Secretary shall give priority to— (1) qualified beginning farmers or ranchers and socially disadvantaged farmers or ranchers; (2) owners or tenants who use the loans to convert to sustainable or organic agricultural production systems; (3) producers who use the loans to build conservation structures or establish conservation practices to implement a comprehensive conservation plan; (4) projects that will do the most to address priority resource concerns, as specified in a conservation loan plan; and (5) projects that are designed to help producers comply with, or avoid the need for, local, State, or Federal regulation. (e) Limitations applicable to loan guarantees The portion of a qualified conservation loan that the Secretary may guarantee under this section shall be not more than 90 percent of the principal amount of the loan. (f) Administrative provisions (1) Geographic distribution The Secretary shall ensure, to the maximum extent practicable, that qualified conservation loans made or guaranteed under this section are distributed across diverse geographic regions, while still prioritizing qualified conservation projects with the greatest conservation or environmental benefit. (2) Agency cooperation The Secretary shall ensure proper cooperation between the Natural Resources Conservation Service, which shall review and approve comprehensive loan plans and provide technical assistance for qualified conservation projects, and the Farm Service Agency, which will approve and issue loans and loan guarantees under this section. (3) Interest rates The Secretary shall ensure that a loan made under this section is made at or below market rate. . I Agricultural conservation easement program 1801. Agricultural conservation easement program (a) Establishment Title XII of the Food Security Act of 1985 is amended by adding at the end the following: H Agricultural conservation easement program 1265. Establishment and purposes (a) Establishment The Secretary shall establish an agricultural conservation easement program for the conservation of eligible land and natural resources through easements or other interests in land. (b) Purposes The purposes of the program are to— (1) combine the purposes and coordinate the functions of the wetlands reserve program established under section 1237, the grassland reserve program established under section 1238N, and the farmland protection program established under section 1238I, as such sections were in effect on September 30, 2013; (2) restore, protect, and enhance wetland on eligible land; (3) protect and enhance the agricultural use, viability, and related conservation values of eligible land by limiting nonagricultural uses of that land; and (4) protect grazing uses and related conservation values by restoring and conserving eligible land. 1265A. Definitions In this subtitle: (1) Agricultural land easement The term agricultural land easement means an easement or other interest in eligible land that— (A) is conveyed for the purposes of protecting natural resources and the agricultural nature of the land, and of promoting agricultural viability for future generations; and (B) permits the landowner the right to continue agricultural production and related uses subject to an agricultural land easement plan. (2) Eligible entity The term eligible entity means— (A) an agency of State or local government or an Indian tribe (including a farmland protection board or land resource council established under State law); or (B) an organization that is— (i) organized for, and at all times since the formation of the organization has been operated principally for, 1 or more of the conservation purposes specified in clause (i), (ii), (iii), or (iv) of section 170(h)(4)(A) of the Internal Revenue Code of 1986; (ii) an organization described in section 501(c)(3) of that Code that is exempt from taxation under section 501(a) of that Code; or (iii) described in— (I) paragraph (1) or (2) of section 509(a) of that Code; or (II) section 509(a)(3) of that Code and is controlled by an organization described in section 509(a)(2) of that Code. (3) Eligible land The term eligible land means private or tribal land that is— (A) in the case of an agricultural land easement, agricultural land, including land on a farm or ranch— (i) that is subject to a pending offer for purchase from an eligible entity; (ii) that— (I) has prime, unique, or other productive soil; (II) contains historical or archaeological resources; or (III) the protection of which will further a State or local policy consistent with the purposes of the program; and (iii) that is— (I) cropland; (II) rangeland; (III) grassland or land that contains forbs, or shrubland for which grazing is the predominant use; (IV) pastureland; or (V) nonindustrial private forest land that contributes to the economic viability of an offered parcel or serves as a buffer to protect such land from development; (B) in the case of a wetland easement, a wetland or related area, including— (i) farmed or converted wetland, together with the adjacent land that is functionally dependent on that land, if the Secretary determines it— (I) is likely to be successfully restored in a cost effective manner; and (II) will maximize the wildlife benefits and wetland functions and values as determined by the Secretary in consultation with the Secretary of the Interior at the local level; (ii) cropland or grassland that was used for agricultural production prior to flooding from the natural overflow of a closed basin lake or pothole, as determined by the Secretary, together (where practicable) with the adjacent land that is functionally dependent on the cropland or grassland; (iii) farmed wetland and adjoining land that— (I) is enrolled in the conservation reserve program; (II) has the highest wetland functions and values; and (III) is likely to return to production after the land leaves the conservation reserve program; (iv) riparian areas that link wetland that is protected by easements or some other device that achieves the same purpose as an easement; or (v) other wetland of an owner that would not otherwise be eligible, if the Secretary determines that the inclusion of such wetland in such easement would significantly add to the functional value of the easement; or (C) in the case of both an agricultural land easement or wetland easement, other land that is incidental to eligible land if the Secretary determines that it is necessary for the efficient administration of the easements under this program. (4) Program The term program means the agricultural conservation easement program established by this subtitle. (5) Wetland easement The term wetland easement means a reserved interest in eligible land that— (A) is defined and delineated in a deed; and (B) stipulates— (i) the rights, title, and interests in land conveyed to the Secretary; and (ii) the rights, title, and interests in land that are reserved to the landowner. 1265B. Agricultural land easements (a) Availability of assistance The Secretary shall facilitate and provide funding for— (1) the purchase by eligible entities of agricultural land easements and other interests in eligible land; and (2) technical assistance to provide for the conservation of natural resources pursuant to an agricultural land easement plan. (b) Cost-Share assistance (1) In general The Secretary shall provide cost-share assistance to eligible entities for purchasing agricultural land easements to protect the agricultural use, including grazing, and related conservation values of eligible land. (2) Scope of assistance available (A) Federal share Subject to subparagraph (C), an agreement described in paragraph (4) shall provide for a Federal share determined by the Secretary of an amount not to exceed 50 percent of the fair market value of the agricultural land easement or other interest in land, as determined by the Secretary using— (i) the Uniform Standards of Professional Appraisal Practice; (ii) an area-wide market analysis or survey; or (iii) another industry-approved method. (B) Non-federal share (i) In general Subject to subparagraph (C), under the agreement, the eligible entity shall provide a share that is at least equivalent to that provided by the Secretary. (ii) Source of contribution An eligible entity may include as part of its share a charitable donation or qualified conservation contribution (as defined by section 170(h) of the Internal Revenue Code of 1986) from the private landowner if the eligible entity contributes its own cash resources in an amount that is at least 50 percent of the amount contributed by the Secretary. (C) Waiver authority In the case of grassland of special environmental significance, as determined by the Secretary, the Secretary may provide up to 75 percent of the fair market value of the agricultural land easement. (3) Evaluation and ranking of applications (A) Criteria The Secretary shall establish evaluation and ranking criteria to maximize the benefit of Federal investment under the program. (B) Considerations In establishing the criteria, the Secretary shall emphasize support for— (i) protecting agricultural uses and enhancing related conservation values of the land; and (ii) maximizing the protection of areas devoted to agricultural use and the conservation values that can be derived from the land. (C) Priority If the Secretary determines that the environmental values of two or more applications for cost-share assistance are comparable, the Secretary shall assign a higher priority to a program application which will achieve the environment and conservation values using practices and systems the assessed cost of which is lower. (4) Agreements with eligible entities (A) In general The Secretary shall enter into agreements with eligible entities to stipulate the terms and conditions under which the eligible entity is permitted to use cost-share assistance provided under this section. (B) Length of agreements An agreement shall be for a term that is— (i) in the case of an eligible entity certified under the process described in paragraph (5), a minimum of 5 years; and (ii) for all other eligible entities, at least 3, but not more than 5 years. (C) Minimum terms and conditions An eligible entity shall be authorized to use its own terms and conditions for agricultural land easements so long as the Secretary determines such terms and conditions— (i) are consistent with the purposes of the program; (ii) are permanent or for the maximum duration allowed under applicable State law; (iii) permit effective enforcement of the conservation purposes of such easements, including appropriate restrictions depending on the purposes for which the easement is acquired; (iv) include a right of enforcement for the Secretary that may be used if the terms of the easement are not enforced by the holder of the easement; (v) subject the land in which such an interest is purchased to an agricultural land easement plan that— (I) describes the activities which promote the long-term viability of the land to meet the purposes for which the easement was acquired; (II) requires the management of grassland according to a grassland management plan; and (III) includes a comprehensive conservation plan, and requires, at the option of the Secretary, the conversion of highly erodible cropland to less intensive uses; and (vi) include a limit on the impervious surfaces to be allowed that is consistent with the purposes of the program under section 1265(b). (D) Substitution of qualified projects An agreement shall allow, upon mutual agreement of the parties, substitution of qualified projects that are identified at the time of the proposed substitution. (E) Effect of violation If a violation occurs of a term or condition of an agreement under this subsection— (i) the Secretary may terminate the agreement; and (ii) the Secretary may require the eligible entity to refund all or part of any payments received by the entity under the program, with interest on the payments as determined appropriate by the Secretary. (5) Certification of eligible entities (A) Certification process The Secretary shall establish a process under which the Secretary may— (i) directly certify eligible entities that meet established criteria; (ii) enter into long-term agreements with certified eligible entities; and (iii) accept proposals for cost-share assistance for the purchase of agricultural land easements throughout the duration of such agreements. (B) Certification criteria In order to be certified, an eligible entity shall demonstrate to the Secretary that the entity will maintain, at a minimum, for the duration of the agreement— (i) a plan for administering easements that is consistent with the purpose of this subtitle; (ii) the capacity and resources to monitor and enforce agricultural land easements; and (iii) policies and procedures to ensure— (I) the long-term integrity of agricultural land easements on eligible land; (II) timely completion of acquisitions of easements; and (III) timely and complete evaluation and reporting to the Secretary on the use of funds provided under the program. (C) Review and revision (i) Review The Secretary shall conduct a review of eligible entities certified under subparagraph (A) every 3 years to ensure that such entities are meeting the criteria established under subparagraph (B). (ii) Revocation If the Secretary finds that the certified eligible entity no longer meets the criteria established under subparagraph (B), the Secretary may— (I) allow the certified eligible entity a specified period of time, at a minimum 180 days, in which to take such actions as may be necessary to meet the criteria; and (II) revoke the certification of the eligible entity, if, after the specified period of time, the certified entity does not meet such criteria. (c) Technical assistance The Secretary may provide technical assistance, if requested, to assist in— (1) compliance with the terms and conditions of easements; and (2) implementation of an agricultural land easement plan. 1265C. Wetland easements (a) Availability of assistance The Secretary shall provide assistance to owners of eligible land to restore, protect, and enhance wetland through— (1) easements and related wetland easement plans; and (2) technical assistance. (b) Easements (1) Method of enrollment The Secretary shall enroll eligible land through the use of— (A) 30-year easements; (B) permanent easements; (C) easements for the maximum duration allowed under applicable State laws; or (D) as an option for Indian tribes only, 30-year contracts (which shall be considered to be 30-year contracts for the purposes of this subtitle). (2) Limitations (A) Ineligible land The Secretary may not acquire wetland easements on— (i) land established to trees under the conservation reserve program, except in cases where the Secretary determines it would further the purposes of the program; and (ii) farmed wetland or converted wetland where the conversion was not commenced prior to December 23, 1985. (B) Changes in ownership No wetland easement shall be created on land that has changed ownership during the preceding 24-month period unless— (i) the new ownership was acquired by will or succession as a result of the death of the previous owner; (ii) (I) the ownership change occurred because of foreclosure on the land; and (II) immediately before the foreclosure, the owner of the land exercises a right of redemption from the mortgage holder in accordance with State law; or (iii) the Secretary determines that the land was acquired under circumstances that give adequate assurances that such land was not acquired for the purposes of placing it in the program. (3) Evaluation and ranking of offers (A) Criteria The Secretary shall establish evaluation and ranking criteria to maximize the benefit of Federal investment under the program. (B) Considerations When evaluating offers from landowners, the Secretary may consider— (i) the conservation benefits of obtaining a wetland easement, including the potential environmental benefits if the land was removed from agricultural production; (ii) the cost-effectiveness of each wetland easement, so as to maximize the environmental benefits per dollar expended; (iii) whether the landowner or another person is offering to contribute financially to the cost of the wetland easement to leverage Federal funds; and (iv) such other factors as the Secretary determines are necessary to carry out the purposes of the program. (C) Priority The Secretary shall place priority on acquiring wetland easements based on the value of the wetland easement for protecting and enhancing habitat for migratory birds and other wildlife. (4) Agreement To be eligible to place eligible land into the program through a wetland easement, the owner of such land shall enter into an agreement with the Secretary to— (A) grant an easement on such land to the Secretary; (B) authorize the implementation of a wetland easement plan; (C) create and record an appropriate deed restriction in accordance with applicable State law to reflect the easement agreed to; (D) provide a written statement of consent to such easement signed by those holding a security interest in the land; (E) comply with the terms and conditions of the easement and any related agreements; and (F) permanently retire any existing cropland base and allotment history for the land on which the easement has been obtained. (5) Terms and conditions of easement (A) In general A wetland easement shall include terms and conditions that— (i) permit— (I) repairs, improvements, and inspections on the land that are necessary to maintain existing public drainage systems; and (II) owners to control public access on the easement areas while identifying access routes to be used for restoration activities and management and easement monitoring; (ii) prohibit— (I) the alteration of wildlife habitat and other natural features of such land, unless specifically authorized by the Secretary; (II) the spraying of such land with chemicals or the mowing of such land, except where such spraying or mowing is authorized by the Secretary or is necessary— (aa) to comply with Federal or State noxious weed control laws; (bb) to comply with a Federal or State emergency pest treatment program; or (cc) to meet habitat needs of specific wildlife species; (III) any activities to be carried out on the owner’s or successor’s land that is immediately adjacent to, and functionally related to, the land that is subject to the easement if such activities will alter, degrade, or otherwise diminish the functional value of the eligible land; and (IV) the adoption of any other practice that would tend to defeat the purposes of the program, as determined by the Secretary; (iii) provide for the efficient and effective establishment of wetland functions and values; and (iv) include such additional provisions as the Secretary determines are desirable to carry out the program or facilitate the practical administration thereof. (B) Violation On the violation of the terms or conditions of the wetland easement, the wetland easement shall remain in force and the Secretary may require the owner to refund all or part of any payments received by the owner under the program, together with interest thereon as determined appropriate by the Secretary. (C) Compatible uses Land subject to a wetland easement may be used for compatible economic uses, including such activities as hunting and fishing, managed timber harvest, or periodic haying or grazing, if such use is specifically permitted by the wetland easement plan and is consistent with the long-term protection and enhancement of the wetland resources for which the easement was established. (D) Reservation of grazing rights The Secretary may include in the terms and conditions of a wetland easement a provision under which the owner reserves grazing rights if— (i) the Secretary determines that the reservation and use of the grazing rights— (I) is compatible with the land subject to the easement; (II) is consistent with the historical natural uses of the land and long-term protection and enhancement goals for which the easement was established; and (III) complies with the wetland easement plan; and (ii) the agreement provides for a commensurate reduction in the easement payment to account for the grazing value, as determined by the Secretary. (6) Compensation (A) Determination (i) In general The Secretary shall pay as compensation for a permanent wetland easement acquired under the program an amount necessary to encourage enrollment in the program based on the lowest of— (I) the fair market value of the land, as determined by the Secretary, using the Uniform Standards of Professional Appraisal Practice or an area-wide market analysis or survey; (II) the amount corresponding to a geographical cap, as determined by the Secretary in regulations; or (III) the offer made by the landowner. (ii) Other Compensation for a 30-year wetland easement shall be not less than 50 percent, but not more than 75 percent, of the compensation that would be paid for a permanent wetland easement. (B) Form of payment Compensation shall be provided by the Secretary in the form of a cash payment, in an amount determined under subparagraph (A). (C) Payment schedule (i) Easements valued at less than $500,000 For wetland easements valued at $500,000 or less, the Secretary may provide easement payments in not more than 10 annual payments. (ii) Easements valued at more than $500,000 For wetland easements valued at more than $500,000, the Secretary may provide easement payments in at least 5, but not more than 10 annual payments, except that, if the Secretary determines it would further the purposes of the program, the Secretary may make a lump sum payment for such an easement. (c) Easement restoration (1) In general The Secretary shall provide financial assistance to carry out the establishment of conservation measures and practices and protect wetland functions and values, including necessary maintenance activities, as set forth in a wetland easement plan. (2) Payments The Secretary shall— (A) in the case of a permanent wetland easement, pay an amount that is not less than 75 percent, but not more than 100 percent, of the eligible costs as determined by the Secretary; and (B) in the case of a 30-year wetland easement, pay an amount that is not less than 50 percent, but not more than 75 percent, of the eligible costs, as determined by the Secretary. (d) Technical assistance (1) In general The Secretary shall assist owners in complying with the terms and conditions of easements. (2) Contracts or agreements The Secretary may enter into 1 or more contracts with private entities or agreements with a State, non-governmental organization, or Indian tribe to carry out necessary restoration, enhancement, or maintenance of a wetland easement if the Secretary determines that the contract or agreement will advance the purposes of the program. (3) Funding Not less than 10 percent of the funds made available to carry out this section shall be available to provide technical assistance under this subsection. (e) Wetland enhancement option The Secretary may enter into 1 or more agreements with a State (including a political subdivision or agency of a State), nongovernmental organization, or Indian tribe to carry out a special wetland enhancement option that the Secretary determines would advance the purposes of the program. (f) Administration (1) Wetland easement plan The Secretary shall develop a wetland easement plan for eligible land subject to a wetland easement, which will include the practices and activities necessary to restore, protect, enhance, and maintain the enrolled land. (2) Delegation of easement administration (A) In general The Secretary may delegate any of the easement management, monitoring, and enforcement responsibilities of the Secretary to other Federal or State agencies that have the appropriate authority, expertise and resources necessary to carry out such delegated responsibilities or to other conservation organizations if the Secretary determines the organization has similar expertise and resources. (B) Limitation The Secretary shall not delegate any of the monitoring or enforcement responsibilities under the program to conservation organizations. (3) Payments (A) Timing of payments The Secretary shall provide payment for obligations incurred by the Secretary under this section— (i) with respect to any easement restoration obligation as soon as possible after the obligation is incurred; and (ii) with respect to any annual easement payment obligation incurred by the Secretary as soon as possible after October 1 of each calendar year. (B) Payments to others If an owner who is entitled to a payment dies, becomes incompetent, is otherwise unable to receive such payment, or is succeeded by another person or entity who renders or completes the required performance, the Secretary shall make such payment, in accordance with regulations prescribed by the Secretary and without regard to any other provision of law, in such manner as the Secretary determines is fair and reasonable in light of all of the circumstances. (g) Wetlands reserve enhancement program (1) Program authorized The Secretary may enter into 1 or more agreements with a State (including a political subdivision or agency of a State), nongovernmental organization, or Indian tribe to carry out a special wetlands reserve enhancement program that the Secretary determines would advance the purposes of this section. (2) Reserved rights pilot program (A) Reservation of grazing and haying rights As part of the wetlands reserve enhancement program, the Secretary shall carry out a pilot program for land in which a landowner may reserve grazing and haying rights in the warranty easement deed restriction if the Secretary determines that the reservation and use of the grazing rights— (i) is compatible with the land subject to the easement; (ii) is consistent with the long-term wetland protection and enhancement goals for which the easement was established; and (iii) complies with a comprehensive conservation plan. (B) Duration The pilot program established under this paragraph shall terminate on September 30, 2016. 1265D. Administration (a) Ineligible land The Secretary may not acquire an easement under the program on— (1) land owned by an agency of the United States, other than land held in trust for Indian tribes; (2) land owned in fee title by a State, including an agency or a subdivision of a State, or a unit of local government; (3) land subject to an easement or deed restriction which, as determined by the Secretary, provides similar protection as would be provided by enrollment in the program; and (4) land where the purposes of the program would be undermined due to on-site or off-site conditions, such as risk of hazardous substances, proposed or existing rights of way, infrastructure development, or adjacent land uses. (b) Priority In evaluating applications under the program, the Secretary may give priority to land that is currently enrolled in the conservation reserve program in a contract that is set to expire within 1 year and— (1) in the case of an agricultural land easement, is grassland that would benefit from protection under a long-term easement; and (2) in the case of a wetland easement, is a wetland or related area with the highest functions and values and is likely to return to production after the land leaves the conservation reserve program. (c) Subordination, exchange, modification, and termination (1) In general The Secretary may subordinate, exchange, terminate, or modify any interest in land, or portion of such interest, administered by the Secretary, either directly or on behalf of the Commodity Credit Corporation under the program when the Secretary determines that— (A) it is in the Federal Government’s interest to subordinate, exchange, modify or terminate the interest in land; (B) the subordination, exchange, modification, or termination action— (i) will address a compelling public need for which there is no practicable alternative, or (ii) such action will further the practical administration of the program; and (C) the subordination, exchange, modification, or termination action will result in comparable conservation value and equivalent or greater economic value to the United States. (2) Consultation The Secretary shall work with the owner, and eligible entity if applicable, to address any subordination, exchange, termination, or modification of the interest, or portion of such interest in land. (3) Notice At least 90 days before taking any termination action described in paragraph (1), the Secretary shall provide written notice of such action to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. (d) Land enrolled in other programs (1) Conservation reserve program The Secretary may terminate or modify a contract entered into under section 1231(a) if eligible land that is subject to such contract is transferred into the program. (2) Other Land enrolled in the wetlands reserve program, grassland reserve program, or farmland protection program, as such programs were in effect on September 30, 2013, shall be considered enrolled in this program. (e) Allocation of funds for agricultural land easements Of the funds made available under section 1241 to carry out the program for a fiscal year, the Secretary shall, to the extent practicable, use no less than 40 percent for agricultural land easements. . (b) Compliance with certain requirements Before an eligible entity or owner of eligible land may receive assistance under subtitle H of title XII of the Food Security Act of 1985, the eligible entity or person shall agree, during the crop year for which the assistance is provided and in exchange for the assistance— (1) to comply with applicable conservation requirements under subtitle B of title XII of that Act ( 16 U.S.C. 3811 et seq. ); and (2) to comply with applicable wetland protection requirements under subtitle C of title XII of that Act ( 16 U.S.C. 3821 et seq. ). (c) Cross reference Section 1244 of the Food Security Act of 1985 (16 U.S.C. 3844) is amended— (1) in subsection (c)— (A) in paragraph (1)— (i) by inserting and at the end of subparagraph (A); (ii) by striking and at the end of subparagraph (B); and (iii) by striking subparagraph (C); (B) by redesignating paragraph (2) as paragraph (3); and (C) by inserting after paragraph (1) the following: (2) the agricultural conservation easement program established under subtitle H; and ; and (2) in subsection (f)— (A) in paragraph (1)— (i) in subparagraph (A), by striking programs administered under subchapters B and C of chapter 1 of subtitle D and inserting conservation reserve program established under subchapter B of chapter 1 of subtitle D and the agricultural conservation easement program under subtitle H using wetland easements under section 1265C ; and (ii) in subparagraph (B), by striking subchapter C of chapter 1 of subtitle D and inserting the agricultural conservation easement program under subtitle H using wetland easements under section 1265C ; and (B) in paragraph (4), by striking subchapter C and inserting subchapter B . J Regional conservation partnership program 1901. Regional conservation partnership program Title XII of the Food Security Act of 1985 is amended by inserting after subtitle H (as added by section 1801) the following: I Regional conservation partnership program 1271. Establishment and purposes (a) Establishment The Secretary shall establish a regional conservation partnership program to implement eligible activities through— (1) partnership agreements with eligible partners; and (2) contracts with producers enrolled in a covered program. (b) Purposes The purposes of the program are— (1) to combine the purposes and coordinate the functions of the agricultural water enhancement program established under section 1240I, the Chesapeake Bay watershed program established under section 1240Q, the cooperative conservation partnership initiative established under section 1243, and the Great Lakes basin program for soil erosion and sediment control established under section 1240P, as such sections were in effect on September 30, 2013; (2) to enhance priority resource concerns on agricultural and nonindustrial private forest lands, including ground and surface water associated with such lands; (3) to encourage cooperation among partners and producers to— (A) address priority resource concerns involving agricultural and nonindustrial private forest lands on a local, State, multi-state, or regional level; (B) encourage producers to cooperate in achieving the goals of applicable Federal, State, and local natural resource and environmental laws, thereby avoiding the need for additional regulatory measures to be applied to owners and operators of agricultural and nonindustrial private forest land; (C) encourage producers to cooperate in the installation and maintenance of conservation activities, practices, systems, and management measures that affect multiple agricultural or nonindustrial private forest operations for the purpose of achieving landscape-level improvement of priority resource concerns; (D) promote the development and demonstration of innovative conservation activities, practices, systems, and management measures to deliver technical, financial, and educational assistance; and (E) promote ground and surface water conservation and improve water quality through efforts on agricultural land, including— (i) water quality or water conservation planning, including resource condition assessment and modeling; (ii) performance measurement and management to reduce nutrient loss; (iii) water quality or water conservation restoration or enhancement projects; (iv) in the case of nutrient-impacted watersheds, prioritization of nutrient loss reduction as a conservation goal; (v) activities designed to mitigate the effects of damaging drought or precipitation; or (vi) related activities that the Secretary determines will help achieve water quality or water conservation benefits on agricultural land; (4) to encourage producers to cooperate in the installation and maintenance of conservation activities, practices, systems, and management measures that provide climate change benefits, including increasing resilience to rising temperatures, extreme weather events, and related climate changes while reducing greenhouse gas emissions; (5) to improve the capacity of regional, state or local partners to deliver assistance to producers that is effective in addressing priority resource concerns; and (6) to implement the partnership in such a way that encourages producers to achieve assessed conservation outcomes and allows them to receive payments and technical assistance linked to levels of those outcomes. 1271A. Definitions In this subtitle: (1) Covered programs The term covered programs means all conservation programs under subtitle D. (2) Eligible activity The term eligible activity means any of the following conservation activities when delivered through a covered program: (A) Water quality restoration or enhancement projects, including nutrient management and sediment reduction. (B) Water quantity conservation, restoration, or enhancement projects relating to surface water and groundwater resources, including— (i) the conversion of irrigated cropland to the production of less water-intensive agricultural commodities or dryland farming; and (ii) irrigation system improvement and irrigation efficiency enhancement. (C) Drought mitigation. (D) Flood prevention. (E) Water retention. (F) Habitat conservation, restoration, and enhancement. (G) Erosion control. (H) Other related activities that the Secretary determines will help achieve conservation benefits. (3) Eligible partner The term eligible partner means any of the following: (A) An agricultural or silvicultural producer association or other group of producers. (B) A State or unit of local government. (C) An Indian tribe. (D) A farmer cooperative. (E) An institution of higher education. (F) A nongovernmental organization with an established history of working cooperatively with producers to effectively address priority resource concerns related to agricultural production and nonindustrial private forest land or with demonstrated technical capabilities that would substantially increase the success of the program. (4) Partnership agreement The term partnership agreement means an agreement between the Secretary and an eligible partner. (5) Program The term program means the regional conservation partnership program established by this subtitle. 1271B. Regional conservation partnerships (a) Partnership agreements authorized The Secretary may enter into a partnership agreement with an eligible partner to implement a project that will assist producers with installing and maintaining an eligible activity. (b) Length A partnership agreement shall be for a period not to exceed 5 years, except that the Secretary may extend the agreement 1 time for up to 12 months when an extension is necessary to meet the objectives of the program. (c) Duties of partners (1) In general Under a partnership agreement, the eligible partner shall— (A) define the scope of a project, including— (i) the eligible activities to be implemented; (ii) the potential agricultural or nonindustrial private forest operations affected; (iii) the local, State, multi-State, or other geographic area covered; and (iv) the planning, outreach, implementation, and assessment to be conducted; (B) conduct outreach and education to producers for potential participation in the project; (C) at the request of a producer, act on behalf of a producer participating in the project in applying for assistance under section 1271C; (D) leverage financial or technical assistance provided by the Secretary with additional funds to help achieve the project objectives; (E) if proposed by the partner and approved by the Secretary, provide technical assistance to producers participating in the project; (F) conduct an assessment of the project’s effects; and (G) at the conclusion of the project, report to the Secretary on its results and funds leveraged. (2) Contribution A partner shall provide a significant portion of the overall costs of the scope of the project, as determined by the Secretary. (d) Applications (1) Competitive process The Secretary shall conduct a competitive process to select applications for partnership agreements and may assess and rank applications with similar conservation purposes as a group. (2) Criteria used In carrying out the process described in paragraph (1), the Secretary shall make public the criteria used in evaluating applications. (3) Content An application to the Secretary shall include a description of— (A) the scope of the project, as described in subsection (c)(1)(A); (B) the plan for monitoring, evaluating, and reporting on progress made towards achieving the project’s objectives; (C) the program resources requested for the project, including the covered programs to be used and estimated funding needed from the Secretary; (D) the resources requested under section 1271C(c)(4); (E) the partners collaborating to achieve project objectives, including their roles, responsibilities, capabilities, and financial contribution; and (F) any other elements the Secretary considers necessary to adequately evaluate and competitively select applications for funding under the program. (4) Application priority The Secretary shall give a higher priority to applications that demonstrate the greatest potential to— (A) have a high percentage of producers involved and of the agricultural or nonindustrial private forest land included in the area covered by the agreement; (B) assist producers in meeting the goals and objectives of Federal environmental and natural resource laws and regulations; (C) significantly leverage non-Federal financial and technical resources and coordinate with other local, State, regional, or national efforts; (D) deliver high percentages of applied conservation to address water quality, water conservation, or other State, regional, or national priority resource concerns; (E) provide innovation in conservation methods and delivery, including outcome-based performance measures and methods; (F) identify producers participating in the project, on whose behalf the partner is applying; (G) advance conservation and rural community development goals simultaneously; (H) assist producers in States with significant water quantity concerns; or (I) meet other factors that are important for achieving the purposes of the program, as determined by the Secretary. 1271C. Assistance to producers (a) In general The Secretary shall enter into contracts to provide financial and technical assistance to— (1) producers participating in an eligible activity with an eligible partner; or (2) producers participating in an eligible activity in a critical conservation area designated under section 1271F without an eligible partner. (b) Terms and conditions (1) Compliance with covered program rules (A) In general Except as provided in subparagraph (B), the Secretary shall ensure that the terms and conditions of a contract under this section are consistent with the applicable rules of the covered programs to be used as part of the project, as described in the application under section 1271B(d)(3)(C). (B) Adjustments Except for statutory program requirements governing appeals, payment limitations, and conservation compliance, the Secretary may adjust the discretionary program rules of a covered program— (i) to provide a simplified application and evaluation process; (ii) to better reflect unique local circumstances and purposes if the Secretary determines such adjustments are necessary to achieve the purposes of the proposed project; (iii) to better link technical and financial assistance to assessed conservation outcomes; and (iv) to increase the improvement in priority resource concerns achieved by the proposed project. (2) Alternative funding arrangements (A) In general For the purposes of providing assistance for a critical conservation areas designated under section 1271F, the Secretary may enter into alternative funding arrangements with a multistate water resource agency or authority if— (i) the Secretary determines that the goals and objectives of the program will be met by the alternative funding arrangements; (ii) the agency or authority certifies that the limitations established under this section on agreements with individual producers will not be exceeded; and (iii) all participating producers meet applicable payment eligibility provisions. (B) Conditions As a condition on receipt of funding under subparagraph (A), the multistate water resource agency or authority shall agree— (i) to submit an annual independent audit to the Secretary that describes the use of funds under this paragraph; (ii) to provide any data necessary for the Secretary to issue a report on the use of funds under this paragraph; and (iii) not to use any funds for administration or contracting with another entity. (C) Limitation The Secretary may enter into not more than 10 alternative funding arrangements under this paragraph. (c) Payments (1) In general In accordance with statutory requirements of the covered programs involved, the Secretary may make payments to a producer in an amount determined by the Secretary to be necessary to achieve the purposes of the program. (2) Payments to certain producers The Secretary may provide payments for a period of 5 years— (A) to producers participating in a project that addresses water quantity concerns and in an amount sufficient to encourage conversion from irrigated to dryland farming; and (B) to producers participating in a project that addresses water quality concerns and in an amount sufficient to encourage adoption of conservation practices and systems that improve nutrient management. (3) Waiver authority To assist in the implementation of the program, the Secretary may waive the applicability of the limitation in section 1001D(b)(2) of this Act for participating producers if the Secretary determines that the waiver is necessary to fulfill the objectives of the program. (4) Payments to partners The Secretary shall provide, directly or through cooperative and contribution agreements with partners, financial assistance to such partners to complete tasks essential to the success of the project which may include natural resource assessment and planning, outreach to producers, monitoring, technical assistance, and evaluation of project progress and other such essential tasks as determined by the Secretary. 1271D. Funding (a) Availability of funds The Secretary shall use $100,000,000 of the funds of the Commodity Credit Corporation for each of fiscal years 2014 through 2018 to carry out the program established under this subtitle. (b) Duration of availability Funds made available under subsection (a) shall remain available until expended. (c) Additional funding and acres (1) In general In addition to the funds made available under subsection (a), the Secretary shall reserve at least 8 percent of the funds and acres made available for a covered program for each of fiscal years 2014 through 2018 in order to ensure additional resources are available to provide technical and financial assistance to producers to carry out this program. (2) Assistance to partners The Secretary shall reserve at least 10 percent of the funding provided in subsection (a) to provide payments to partners. (3) Unused funds and acres (A) Return Any funds or acres reserved under paragraph (1) of this section for a fiscal year from a covered program that are not obligated under this program by April 1 of that fiscal year shall be returned for use under the covered program or redirected to support unfunded applications within the geographic areas of approved partnership agreements. (B) Reallocation Any funds reserved under paragraph (2) of this section for a fiscal year that are not obligated under this program by April 1 of that fiscal year shall be reallocated to partners demonstrating the highest level of performance in achieving the objectives of the program. (d) Allocation of funding Of the funds and acres made available for the program under subsections (a) and (c), the Secretary shall allocate— (1) 40 percent of the funds and acres to projects based on a State competitive process administered by the State conservationist, with the advice of the State technical committee; and (2) 60 percent of the funds and acres to projects based on a national competitive process to be established by the Secretary, of which 60 percent shall be reserved for the critical conservation areas designated under section 1271F. 1271E. Administration (a) Disclosure The Secretary shall make publicly available information on projects selected through the competitive process described in section 1271B(d)(1). (b) Reporting Not later than December 31, 2013, and every 2 years thereafter, 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 the status of projects funded under the program, including— (1) the number and types of partners and producers participating in the partnership agreements selected; (2) the number of producers receiving assistance; (3) total funding committed to projects, including Federal and non-Federal resources; and (4) a description of how funds are being administered under section 1271B, including— (A) any oversight mechanisms that the Secretary has implemented; (B) the process through which the Secretary is resolving appeals by program participants; and (C) the means by which the Secretary is tracking adherence to any applicable provisions for payment eligibility. (c) Evaluation Partners shall provide to the Secretary— (1) annual performance reports; (2) at the end of each multi-year project, a performance report that describes— (A) the progress that has been made towards attainment of conservation objectives and landscape-scale conservation outcomes; (B) the methods that have been used to measure progress being made toward attainment of conservation objectives and landscape-scale conservation outcomes; (C) the number of producers who participated; and (D) the conservation practices adopted and the frequency of adoption. 1271F. Critical conservation areas (a) In general When administering the funding reserved for critical conservation areas under section 1271D(d)(2), the Secretary shall select applications for partnership agreements and producer contracts within critical conservation areas designated under this section. (b) Critical conservation area designations (1) In general The Secretary shall designate up to 6 geographical areas as critical conservation areas based on the degree to which an area— (A) includes multiple States with significant agricultural production; (B) is covered by an existing regional, State, binational, or multistate agreement or plan that has established objectives, goals, and work plans and is adopted by a Federal, State, or regional authority; (C) has water quality concerns, including concerns for reducing erosion, promoting sediment control, and addressing nutrient management activities affecting large bodies of water of regional, national, or international significance; (D) has water quantity concerns, including— (i) concerns for groundwater, surface water, aquifer, or other water sources; or (ii) a need to promote water retention and flood prevention; (E) is subject to regulatory requirements that could reduce the economic scope of agricultural operations within the area; or (F) is recognized as vital habitat for migrating wildlife. (2) Expiration Critical conservation area designations under this section shall expire after 5 years, subject to redesignation, except that the Secretary may withdraw designation from an area if the Secretary finds the area no longer meets the conditions described in paragraph (1). (c) Administration (1) In general Except as provided in paragraph (2), the Secretary shall administer any partnership agreement or producer contract under this section in a manner that is consistent with the terms of the program. (2) Relationship to existing activity The Secretary shall, to the maximum extent practicable, ensure that eligible activities carried out in critical conservation areas designated under this section complement and are consistent with other Federal and State programs and water quality and quantity strategies. . II Crop insurance and disaster assistance 2001. Ineligibility for Federal crop insurance, noninsured crop disaster assistance, and certain payments because of crop production on native sod (a) Federal crop insurance Act amendment Section 508(o) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(o) ) is amended— (1) in paragraph (1)(B), by inserting , or the producer cannot substantiate that the ground has ever been tilled, after tilled ; (2) in paragraph (2)(A), by striking for benefits under— and all that follows through the period at the end and inserting for— (i) a portion of crop insurance premium subsidies under this subtitle in accordance with paragraph (3); (ii) benefits under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333); and (iii) payments described in subsection (b) of section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308). ; and (3) by striking paragraph (3) and inserting the following new paragraphs: (3) Administration (A) In general During the first 4 crop years of planting on native sod acreage by a producer described in paragraph (2)— (i) paragraph (2) shall apply to 65 percent of the transitional yield of the producer; and (ii) the crop insurance premium subsidy provided for the producer under this subtitle shall be 50 percentage points less than the premium subsidy that would otherwise apply. (B) Yield substitution During the period native sod acreage is covered by this subsection, a producer may not substitute yields for the native sod acreage. . (b) Noninsured crop disaster assistance amendment Section 196(a)(4) of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333(a)(4) ) is amended— (1) in subparagraph (A)(ii), by inserting , or the producer cannot substantiate that the ground has ever been tilled, after tilled ; (2) in subparagraph (B)— (A) in the subparagraph heading, by striking Ineligibility and inserting Reduction in ; and (B) in clause (i), by striking for benefits under— and all that follows through the period at the end and inserting for— (I) benefits under this section; (II) a portion of crop insurance premium subsidies under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) in accordance with subparagraph (C); and (III) payments described in subsection (b) of section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308). ; and (3) by striking subparagraph (C) and inserting the following new subparagraphs: (C) Administration (i) In general During the first 4 crop years of planting on native sod acreage by a producer described in subparagraph (B)— (I) subparagraph (B) shall apply to 65 percent of the transitional yield of the producer; and (II) the crop insurance premium subsidy provided for the producer under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ) shall be 50 percentage points less than the premium subsidy that would otherwise apply. (ii) Yield substitution During the period native sod acreage is covered by this paragraph, a producer may not substitute yields for the native sod acreage. . III Repeals and transitional provisions; technical and conforming amendments; effective date 3001. Repeals and transitional provisions (a) Emergency forestry conservation reserve program (1) Repeal Section 1231A of the Food Security Act of 1985 ( 16 U.S.C. 3831a ) is repealed. (2) Transitional provisions (A) Effect on existing contracts The amendment made by this subsection shall not affect the validity or terms of any contract entered into by the Secretary of Agriculture under section 1231A of the Food Security Act of 1985 ( 16 U.S.C. 3831a ) before October 1, 2013, or any payments required to be made in connection with the contract. (B) Funding The Secretary may use funds made available to carry out the agricultural conservation easement program under subtitle H of title XII of the Food Security Act of 1985, as added by section 1801 of this Act, to continue to carry out contracts referred to in subparagraph (A) using the provisions of law and regulation applicable to such contracts as in existence on September 30, 2013. (b) Wetlands reserve program (1) Repeal Subchapter C of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3837 et seq.) is repealed. (2) Transitional provisions (A) Effect on existing contracts and easements The amendment made by this subsection shall not affect the validity or terms of any contract or easement entered into by the Secretary of Agriculture under subchapter C of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3837 et seq.) before October 1, 2013, or any payments required to be made in connection with the contract or easement. (B) Funding (i) Use of prior year funds Notwithstanding the repeal of subchapter C of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3837 et seq.), any funds made available from the Commodity Credit Corporation to carry out the wetlands reserve program under that subchapter for fiscal years 2009 through 2013 shall be made available to carry out contracts or easements referred to in subparagraph (A) that were entered into prior to October 1, 2013 (including the provision of technical assistance), provided that no such contract or easement is modified so as to increase the amount of the payment received. (ii) Other The Secretary may use funds made available to carry out the agricultural conservation easement program under subtitle H of title XII of the Food Security Act of 1985, as added by section 1801 of this Act, to continue to carry out contracts and easements referred to in subparagraph (A) using the provisions of law and regulation applicable to such contracts and easements as in existence on September 30, 2013. (c) Farmland protection program and farm viability program (1) Repeal Subchapter C of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3838h et seq.) is repealed. (2) Transitional provisions (A) Effect on existing agreements and easements The amendment made by this subsection shall not affect the validity or terms of any agreement or easement entered into by the Secretary of Agriculture under subchapter C of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3838h et seq.) before October 1, 2013, or any payments required to be made in connection with the agreement or easement. (B) Funding (i) Use of prior year funds Notwithstanding the repeal of subchapter C of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3838h et seq.), any funds made available from the Commodity Credit Corporation to carry out the farmland protection program under that subchapter for fiscal years 2009 through 2013 shall be made available to carry out agreements and easements referred to in subparagraph (A) that were entered into prior to October 1, 2013 (including the provision of technical assistance). (ii) Other On exhaustion of funds made available under clause (i), the Secretary may use funds made available to carry out the agricultural conservation easement program under subtitle H of title XII of the Food Security Act of 1985, as added by section 1801 of this Act, to continue to carry out agreements and easements referred to in subparagraph (A) using the provisions of law and regulation applicable to such agreements and easements as in existence on September 30, 2013. (d) Grassland reserve program (1) Repeal Subchapter D of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3838n et seq. ) is repealed. (2) Transitional provisions (A) Effect on existing contracts, agreements, and easements The amendment made by this subsection shall not affect the validity or terms of any contract, agreement, or easement entered into by the Secretary of Agriculture under subchapter D of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3838n et seq.) before October 1, 2013, or any payments required to be made in connection with the contract, agreement, or easement. (B) Funding (i) Use of prior year funds Notwithstanding the repeal of subchapter D of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3838n et seq.), any funds made available from the Commodity Credit Corporation to carry out the grassland reserve program under that subchapter for fiscal years 2009 through 2013 shall be made available to carry out contracts, agreements, or easements referred to in subparagraph (A) that were entered into prior to October 1, 2013 (including the provision of technical assistance), provided that no such contract, agreement, or easement is modified so as to increase the amount of the payment received. (ii) Other The Secretary may use funds made available to carry out the agricultural conservation easement program under subtitle H of title XII of the Food Security Act of 1985, as added by section 1801 of this Act, to continue to carry out contracts, agreements, and easements referred to in subparagraph (A) using the provisions of law and regulation applicable to such contracts, agreements, and easements as in existence on September 30, 2013. (e) Environmental easement program Chapter 3 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3839 et seq. ) is repealed. (f) Conservation innovation grants and payments (1) Repeal Section 1240H of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–8 ) is repealed. (2) Transitional provisions (A) Effect on existing contracts The amendment made by this subsection shall not affect the validity or terms of any contract entered into by the Secretary of Agriculture under section 1240H of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–8 ) before October 1, 2013, or any payments required to be made in connection with the contract. (B) Funding The Secretary may use funds made available to carry out conservation innovation grants and payments under section 1240S of title XII of the Food Security Act of 1985, as added by section 1601 of this Act, to continue to carry out contracts referred to in subparagraph (A) using the provisions of law and regulation applicable to such contracts as they existed on September 30, 2013. (g) Agricultural water enhancement program (1) Repeal Section 1240I of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–9 ) is repealed. (2) Transitional provisions (A) Effect on existing contracts and agreements The amendment made by this subsection shall not affect the validity or terms of any contract or agreement entered into by the Secretary of Agriculture under section 1240I of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–9 ) before October 1, 2013, or any payments required to be made in connection with the contract or agreement. (B) Funding (i) Use of prior year funds Notwithstanding the repeal of section 1240I of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–9 ), any funds made available from the Commodity Credit Corporation to carry out the agricultural water enhancement program under that section for fiscal years 2009 through 2013 shall be made available to carry out contracts and agreements referred to in subparagraph (A) that were entered into prior to October 1, 2013 (including the provision of technical assistance). (ii) Other On exhaustion of funds made available under clause (i), the Secretary may use funds made available to carry out the agricultural conservation easement program under subtitle H of title XII of the Food Security Act of 1985, as added by section 1801 of this Act, to continue to carry out contracts and agreements referred to in subparagraph (A) using the provisions of law and regulation applicable to such contracts and agreements as in existence on September 30, 2013. (h) Wildlife habitat incentive program (1) Repeal Section 1240N of the Food Security Act of 1985 ( 16 U.S.C. 3839bb–1 ) is repealed. (2) Transitional provisions (A) Effect on existing contracts The amendment made by this subsection shall not affect the validity or terms of any contract entered into by the Secretary of Agriculture under section 1240N of the Food Security Act of 1985 ( 16 U.S.C. 3839bb–1 ) before October 1, 2013, or any payments required to be made in connection with the contract. (B) Funding (i) Use of prior year funds Notwithstanding the repeal of section 1240N of the Food Security Act of 1985 ( 16 U.S.C. 3839bb–1 ), any funds made available from the Commodity Credit Corporation to carry out the wildlife habitat incentive program under that section for fiscal years 2009 through 2013 shall be made available to carry out contracts referred to in subparagraph (A) which were entered into prior to October 1, 2013 (including the provision of technical assistance). (ii) Other On exhaustion of funds made available under clause (i), the Secretary may use funds made available to carry out the environmental quality incentives program under chapter 4 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3839aa et seq.) to continue to carry out contracts referred to in subparagraph (A) using the provisions of law and regulation applicable to such contracts as in existence on September 30, 2013. (i) Great Lakes basin program Section 1240P of the Food Security Act of 1985 (16 U.S.C. 3839bb–3) is repealed. (j) Chesapeake Bay watershed program (1) Repeal Section 1240Q of the Food Security Act of 1985 ( 16 U.S.C. 3839bb–4 ) is repealed. (2) Transitional provisions (A) Effect on existing contracts, agreements, and easements The amendment made by this subsection shall not affect the validity or terms of any contract, agreement, or easement entered into by the Secretary of Agriculture under section 1240Q of the Food Security Act of 1985 ( 16 U.S.C. 3839bb–4 ) before October 1, 2013, or any payments required to be made in connection with the contract, agreement, or easement. (B) Funding (i) Use of prior year funds Notwithstanding the repeal of section 1240Q of the Food Security Act of 1985 ( 16 U.S.C. 3839bb–4 ), any funds made available from the Commodity Credit Corporation to carry out the Chesapeake Bay watershed program under that section for fiscal years 2009 through 2013 shall be made available to carry out contracts, agreements, and easements referred to in subparagraph (A) that were entered into prior to October 1, 2013 (including the provision of technical assistance). (ii) Other The Secretary may use funds made available to carry out the regional conservation partnership program under subtitle I of title XII of the Food Security Act of 1985, as added by section 1901 of this Act, to continue to carry out contracts, agreements, and easements referred to in subparagraph (A) using the provisions of law and regulation applicable to such contracts, agreements, and easements as in existence on September 30, 2013. (k) Cooperative conservation partnership initiative (1) Repeal Section 1243 of the Food Security Act of 1985 ( 16 U.S.C. 3843 ) is repealed. (2) Transitional provisions (A) Effect on existing contracts and agreements The amendment made by this subsection shall not affect the validity or terms of any contract or agreement entered into by the Secretary of Agriculture under section 1243 of the Food Security Act of 1985 ( 16 U.S.C. 3843 ) before October 1, 2013, or any payments required to be made in connection with the contract or agreement. (B) Funding (i) Use of prior year funds Notwithstanding the repeal of section 1243 of the Food Security Act of 1985 ( 16 U.S.C. 3843 ), any funds made available from the Commodity Credit Corporation to carry out the cooperative conservation partnership initiative under that section for fiscal years 2009 through 2013 shall be made available to carry out contracts and agreements referred to in subparagraph (A) that were entered into prior to October 1, 2013 (including the provision of technical assistance). (ii) Other On exhaustion of funds made available under clause (i), the Secretary may use funds made available to carry out the regional conservation partnership program under subtitle I of title XII of the Food Security Act of 1985, as added by section 1901 of this Act, to continue to carry out contracts and agreements referred to in subparagraph (A) using the provisions of law and regulation applicable to such contracts and agreements as in existence on September 30, 2013. (l) Desert terminal lakes program (1) Repeal Section 2507 of the Farm Security and Rural Investment Act of 2002 (43 U.S.C. 2211 note) is repealed. (2) Transitional provisions (A) Effect on existing contracts The amendment made by this subsection shall not affect the validity or terms of any contract entered into by the Secretary of Agriculture under section 2507 of the Farm Security and Rural Investment Act of 2002 ( 43 U.S.C. 2211 note) before October 1, 2013, or any payments required to be made in connection with the contract. (B) Funding The Secretary may use funds made available to carry out the agricultural conservation easement program under subtitle H of title XII of the Food Security Act of 1985, as added by section 1801 of this Act, to continue to carry out contracts referred to in subparagraph (A) using the provisions of law and regulation applicable to such contracts as in existence on September 30, 2013. 3002. Technical and conforming amendments (a) Definitions Section 1201(a) of the Food Security Act of 1985 ( 16 U.S.C. 3801(a) ) is amended in the matter preceding paragraph (1) by inserting , H, and I after E . (b) Priority resource concern The following sections of the Food Security Act of 1985 are amended by inserting priority before resource concerns : (1) Section 1238A(e)(4)(B)(ii) ( 16 U.S.C. 3838a(e)(4)(B)(ii) ). (2) Section 1238D(3)(A) ( 16 U.S.C. 3838d(3)(A) ). (3) Section 1240A(1)(B)(vi) ( 16 U.S.C. 3839aa–1(1)(B)(vi) ). 3003. Effective date This Act, and the amendments made by this Act, shall take effect on October 1, 2013. | https://www.govinfo.gov/content/pkg/BILLS-113hr1890ih/xml/BILLS-113hr1890ih.xml |
113-hr-1891 | I 113th CONGRESS 1st Session H. R. 1891 IN THE HOUSE OF REPRESENTATIVES May 8, 2013 Ms. Lofgren (for herself, Mr. Smith of Texas , Ms. Eddie Bernice Johnson of Texas , Ms. Bonamici , Mr. Peters of California , Mr. Swalwell of California , Mr. Veasey , Mr. Lipinski , Mr. Cramer , Mr. Takano , Ms. Esty , Mr. Kilmer , Mr. Kennedy , Ms. Brownley of California , Mr. Hultgren , Mr. Bera of California , and Ms. Wilson of Florida ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To establish a position of Science Laureate of the United States.
1. Short title This Act may be cited as the Science Laureates of the United States Act of 2013 . 2. Findings Congress finds the following: (1) Scientific research and advancement has driven success in the United States and global success for centuries. (2) Scientific research has saved, improved, and extended lives, increased the standard of living, expanded economic opportunity, and advanced human understanding. (3) Such research holds the promise of continuing this progress, protecting the environment, creating jobs, growing the economy through innovative ideas and discoveries, and generally advancing all mankind. (4) People in the United States can benefit when scientific research is conducted and communicated in a transparent manner to better inform citizens about the nature and status of such research. (5) Scientific education is a critical element of preparing our Nation and our citizens for a technology-intensive future and ensuring that the United States remains the world leader in innovation and high-tech success. (6) A spokesperson who can embody, demonstrate, and articulate the importance and excitement of scientific research and education will help improve the current and future state of science to the benefit of all people in the United States. 3. Establishment of Science Laureates of the United States (a) Position established Congress recognizes that science contributes to the economic prosperity and general welfare of the United States, and that increasing the public’s awareness about the sciences will increase such benefits. Congress also recognizes that scientists who are both accomplished in their fields and who foster the public’s interest in science do a special service to the United States. To honor their service and to further increase the public’s awareness about the sciences, there is established the position of Science Laureate of the United States. (b) Appointment (1) In General The President shall appoint a Science Laureate on the basis of— (A) merit, particularly the ability of an individual to— (i) foster and enhance public awareness and interest in science; and (ii) provide ongoing significant scientific contributions; and (B) recommendations received from the National Academy of Sciences, based on the factors described in subparagraph (A). (2) Variety of Scientific Disciplines The President shall strive to choose for the position of Science Laureate of the United States individuals, in different years, from different scientific disciplines, including biology, physics, geosciences, astronomy, mathematics, chemistry, and other science disciplines. (3) Number of appointments The President may, in exceptional circumstances, appoint more than 1, but not more than 3 Science Laureates to serve simultaneously in the position of Science Laureate of the United States. (c) Duties Each Science Laureate shall engage the public, from time to time, to increase the public’s awareness about science. A Science Laureate is encouraged to continue the Science Laureate's scientific work. The National Academy of Sciences shall facilitate the duties of a Science Laureate. (d) Limitation The Science Laureate position shall not have the effect of duplicating or superseding the role of the President’s Science Advisor. (e) Term Each Science Laureate shall serve a 1-year or 2-year term, as determined by the President. A Science Laureate may be reappointed for additional terms. (f) Compensation; Reimbursement (1) Compensation A Science Laureate shall serve without pay and shall not be considered to be a Federal employee based on such individual's appointment as a Science Laureate. (2) Reimbursement for travel The National Academy of Sciences may in its discretion provide a Science Laureate with reimbursement for travel expenses incurred while performing duties as a Science Laureate, including per diem in lieu of subsistence, in accordance with applicable provisions in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-113hr1891ih/xml/BILLS-113hr1891ih.xml |
113-hr-1892 | I 113th CONGRESS 1st Session H. R. 1892 IN THE HOUSE OF REPRESENTATIVES May 8, 2013 Ms. Lofgren (for herself, Mr. Massie , Mr. Polis , and Ms. Eshoo ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend section 1201 of title 17, United States Code, to require the infringement of a copyright for a violation of such section, and for other purposes.
1. Short title This Act may be cited as the Unlocking Technology Act of 2013 . 2. Infringement of a copyright required for anticircumvention prohibition (a) Amendments Section 1201(a) of title 17, United States Code, is amended— (1) in paragraph (1)(A)— (A) by amending the first sentence to read as follows: No person shall, in order to infringe or facilitate infringement of a copyright in a work protected under this title, circumvent a technological measure that effectively controls access to that work. ; and (B) by adding at the end the following: It shall not be a violation of this section to circumvent a technological measure in connection with a work protected under this title if the purpose of such circumvention is to engage in a use that is not an infringement of copyright under this title. ; (2) in paragraph (2)— (A) in subparagraph (A), by inserting after for the purpose of the following: facilitating the infringement of a copyright by ; (B) in subparagraph (B), by striking circumvent and inserting facilitate the infringement of a copyright by circumventing ; and (C) in subparagraph (C), by inserting after for use in the following: facilitating the infringement of a copyright by ; and (3) by redesignating paragraph (3) as paragraph (4), and inserting after paragraph (2), the following new paragraph: (3) It is not a violation of this section to use, manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof that is primarily designed or produced for the purpose of facilitating noninfringing uses of works protected under this title by circumventing a technological measure that effectively controls access to that work, unless it is the intent of the person that uses, manufactures, imports, offers to the public, provides, or traffics in the technology, product, service, device, component, or part to infringe copyright or to facilitate the infringement of a copyright. . (b) Report required (1) In general Not later than the end of the 9-month period beginning on the date of the enactment of this Act, the Assistant Secretary for Communications and Information of the Department of Commerce shall submit to the committees described in paragraph (2) a report on— (A) the impact of section 1201 of title 17, United States Code, on consumer choice, competition, and free flow of information; (B) whether section 1201 of such title should be reformed in part, reformed entirely, or repealed; and (C) barriers and challenges to such reform or repeal, including international trade agreements and treaties. (2) Committees The committees described in this paragraph are the following: (A) The Committees on the Judiciary and Energy and Commerce of the House of Representatives. (B) The Committees on the Judiciary and Commerce, Science, and Transportation of the Senate. 3. Network switching not infringement Section 117 of title 17, United States Code, is amended by adding at the end of the following new subsection: (e) Network switching Notwithstanding the provisions of section 106, it is not an infringement to copy or adapt the software or firmware of a user-purchased mobile communications device for the sole purpose of enabling the device to connect to a wireless communications network if— (1) the copying or adapting is initiated by, or with the consent of, the owner of that device or the owner’s agent; (2) the owner of that device or the owner’s agent is in legal possession of the device; and (3) the owner of that device has the consent of, or an agreement with, the authorized operator of such wireless communications network to make use of that wireless communications network. . 4. Harmonization of trade agreements The President shall take the necessary steps to secure modifications to applicable bilateral and multilateral trade agreements to which the United States is a party in order to ensure that such agreements are consistent with the amendments made by this Act. 5. Effective date (a) Amendments The amendments made by this Act shall apply to acts carried out after the expiration of the 9-month period beginning on the date of the enactment of this Act. (b) Report Sections 2(b) and 4 shall take effect on the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1892ih/xml/BILLS-113hr1892ih.xml |
113-hr-1893 | I 113th CONGRESS 1st Session H. R. 1893 IN THE HOUSE OF REPRESENTATIVES May 8, 2013 Mr. George Miller of California (for himself, Mr. Harper , Mr. Moran , Mr. Grijalva , Mr. Polis , Ms. Wilson of Florida , Ms. Moore , Ms. Bonamici , Ms. Slaughter , Mr. Payne , Mr. Cicilline , Ms. McCollum , and Ms. Shea-Porter ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To prevent and reduce the use of physical restraint and seclusion in schools, and for other purposes.
1. Short title This Act may be cited as the Keeping All Students Safe Act . 2. Findings Congress finds the following: (1) Physical restraint and seclusion have resulted in physical injury, psychological trauma, and death to children in public and private schools. National research shows students have been subjected to physical restraint and seclusion in schools as a means of discipline, to force compliance, or as a substitute for appropriate educational support. (2) Behavioral interventions for children must promote the right of all children to be treated with dignity. All children have the right to be free from physical or mental abuse, aversive behavioral interventions that compromise health and safety, and any physical restraint or seclusion imposed solely for purposes of discipline or convenience. (3) Safe, effective, evidence-based strategies are available to support children who display challenging behaviors in school settings. Staff training focused on the dangers of physical restraint and seclusion as well as training in evidence-based positive behavior supports, de-escalation techniques, and physical restraint and seclusion prevention, can reduce the incidence of injury, trauma, and death. (4) School personnel have the right to work in a safe environment and should be provided training and support to prevent injury and trauma to themselves and others. (5) Despite the widely recognized risks of physical restraint and seclusion, a substantial disparity exists among many States and localities with regard to the protection and oversight of the rights of children and school personnel to a safe learning environment. (6) Children are subjected to physical restraint and seclusion at higher rates than adults. Physical restraint which restricts breathing or causes other body trauma, as well as seclusion in the absence of continuous face-to-face monitoring, have resulted in the deaths of children in schools. (7) Children are protected from inappropriate physical restraint and seclusion in other settings, such as hospitals, health facilities, and non-medical community-based facilities. Similar protections are needed in schools, yet such protections must acknowledge the differences of the school environment. (8) Research confirms that physical restraint and seclusion are not therapeutic, nor are these practices effective means to calm or teach children, and may have an opposite effect while simultaneously decreasing a child’s ability to learn. (9) The effective implementation of school-wide positive behavior supports is linked to greater academic achievement, significantly fewer disciplinary problems, increased instruction time, and staff perception of a safer teaching environment. 3. Purposes The purposes of this Act are to— (1) prevent and reduce the use of physical restraint and seclusion in schools; (2) ensure the safety of all students and school personnel in schools and promote a positive school culture and climate; (3) protect students from— (A) physical and mental abuse; (B) aversive behavioral interventions that compromise health and safety; and (C) any physical restraint or seclusion imposed solely for purposes of discipline or convenience; (4) ensure that physical restraint and seclusion are imposed in school only when a student’s behavior poses an imminent danger of physical injury to the student, school personnel, or others; and (5) assist States, local educational agencies, and schools in— (A) establishing policies and procedures to keep all students, including students with the most complex and intensive behavioral needs, and school personnel safe; (B) providing school personnel with the necessary tools, training, and support to ensure the safety of all students and school personnel; (C) collecting and analyzing data on physical restraint and seclusion in schools; and (D) identifying and implementing effective evidence-based models to prevent and reduce physical restraint and seclusion in schools. 4. Definitions In this Act: (1) Chemical restraint The term chemical restraint means a drug or medication used on a student to control behavior or restrict freedom of movement that is not— (A) prescribed by a licensed physician, or other qualified health professional acting under the scope of the professional’s authority under State law, for the standard treatment of a student’s medical or psychiatric condition; and (B) administered as prescribed by the licensed physician or other qualified health professional acting under the scope of the professional’s authority under State law. (2) Educational service agency The term educational service agency has the meaning given such term in section 9101(17) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(17) ). (3) Elementary school The term elementary school has the meaning given the term in section 9101(18) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(18) ). (4) Local educational agency The term local educational agency has the meaning given the term in section 9101(26) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(26) ). (5) Mechanical restraint The term mechanical restraint has the meaning given the term in section 595(d)(1) of the Public Health Service Act ( 42 U.S.C. 290jj(d)(1) ), except that the meaning shall be applied by substituting student’s for resident’s . (6) Parent The term parent has the meaning given the term in section 9101(31) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(31) ). (7) Physical escort The term physical escort has the meaning given the term in section 595(d)(2) of the Public Health Service Act ( 42 U.S.C. 290jj(d)(2) ), except that the meaning shall be applied by substituting student for resident . (8) Physical restraint The term physical restraint has the meaning given the term in section 595(d)(3) of the Public Health Service Act ( 42 U.S.C. 290jj(d)(3) ). (9) Positive behavior supports The term positive behavior supports means a systematic approach to embed evidence-based practices and data-driven decisionmaking to improve school climate and culture, including a range of systemic and individualized strategies to reinforce desired behaviors and diminish reoccurrence of problem behaviors, in order to achieve improved academic and social outcomes and increase learning for all students, including students with the most complex and intensive behavioral needs. (10) Protection and advocacy system The term protection and advocacy system means a protection and advocacy system established under section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15043 ). (11) School The term school means an entity— (A) that— (i) is a public or private— (I) day or residential elementary school or secondary school; or (II) early childhood, elementary school, or secondary school program that is under the jurisdiction of a school, local educational agency, educational service agency, or other educational institution or program; and (ii) receives, or serves students who receive, support in any form from any program supported, in whole or in part, with funds appropriated to the Department of Education; or (B) that is a school funded or operated by the Department of the Interior. (12) School personnel The term school personnel has the meaning— (A) given the term in section 4151(10) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7161(10) ); and (B) given the term school resource officer in section 4151(11) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7161(11) ). (13) Secondary School The term secondary school has the meaning given the term in section 9101(38) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(38) ). (14) Seclusion The term seclusion has the meaning given the term in section 595(d)(4) of the Public Health Service Act ( 42 U.S.C. 290jj(d)(4) ). (15) Secretary The term Secretary means the Secretary of Education. (16) State-approved crisis intervention training program The term State-approved crisis intervention training program means a training program approved by a State and the Secretary that, at a minimum, provides— (A) training in evidence-based techniques shown to be effective in the prevention of physical restraint and seclusion; (B) training in evidence-based techniques shown to be effective in keeping both school personnel and students safe when imposing physical restraint or seclusion; (C) evidence-based skills training related to positive behavior supports, safe physical escort, conflict prevention, understanding antecedents, de-escalation, and conflict management; (D) training in first aid and cardiopulmonary resuscitation; (E) information describing State policies and procedures that meet the minimum standards established by regulations promulgated pursuant to section 5(a) ; and (F) certification for school personnel in the techniques and skills described in subparagraphs (A) through (D), which shall be required to be renewed on a periodic basis. (17) State The term State has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (18) State educational agency The term State educational agency has the meaning given the term in section 9101(41) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(41) ). (19) Student The term student means a student enrolled in a school defined in paragraph (11) , except that in the case of a student enrolled in a private school or private program, such term means a student who receives support in any form from any program supported, in whole or in part, with funds appropriated to the Department of Education. (20) Time out The term time out has the meaning given the term in section 595(d)(5) of the Public Health Service Act ( 42 U.S.C. 290jj(d)(5) ), except that the meaning shall be applied by substituting student for resident . 5. Minimum Standards; Rule of construction (a) Minimum standards Not later than 180 days after the date of the enactment of this Act, to protect each student from physical or mental abuse, aversive behavioral interventions that compromise student health and safety, or any physical restraint or seclusion imposed solely for purposes of discipline or convenience or in a manner otherwise inconsistent with this Act, the Secretary shall promulgate regulations establishing the following minimum standards: (1) School personnel shall be prohibited from imposing on any student the following: (A) Mechanical restraints. (B) Chemical restraints. (C) Physical restraint or physical escort that restricts breathing. (D) Aversive behavioral interventions that compromise health and safety. (2) School personnel shall be prohibited from imposing physical restraint or seclusion on a student unless— (A) the student’s behavior poses an imminent danger of physical injury to the student, school personnel, or others; (B) less restrictive interventions would be ineffective in stopping such imminent danger of physical injury; (C) such physical restraint or seclusion is imposed by school personnel who— (i) continuously monitor the student face-to-face; or (ii) if school personnel safety is significantly compromised by such face-to-face monitoring, are in continuous direct visual contact with the student; (D) such physical restraint or seclusion is imposed by— (i) school personnel trained and certified by a State-approved crisis intervention training program (as defined in section 4(16)); or (ii) other school personnel in the case of a rare and clearly unavoidable emergency circumstance when school personnel trained and certified as described in clause (i) are not immediately available due to the unforeseeable nature of the emergency circumstance; and (E) such physical restraint or seclusion ends immediately upon the cessation of the conditions described in subparagraphs (A) and (B) . (3) States, in consultation with local educational agencies and private school officials, shall ensure that a sufficient number of personnel are trained and certified by a State-approved crisis intervention training program (as defined in section 4(16)) to meet the needs of the specific student population in each school. (4) The use of physical restraint or seclusion as a planned intervention shall not be written into a student’s education plan, individual safety plan, behavioral plan, or individualized education program (as defined in section 602 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401 )). Local educational agencies or schools may establish policies and procedures for use of physical restraint or seclusion in school safety or crisis plans, provided that such school plans are not specific to any individual student. (5) Schools shall establish procedures to be followed after each incident involving the imposition of physical restraint or seclusion upon a student, including— (A) procedures to provide to the parent of the student, with respect to each such incident— (i) an immediate verbal or electronic communication on the same day as the incident; and (ii) written notification within 24 hours of the incident; and (B) any other procedures the Secretary determines appropriate. (b) Secretary of the Interior The Secretary of the Interior shall ensure that schools operated or funded by the Department of the Interior comply with the regulations promulgated by the Secretary under subsection (a) . (c) Rule of construction Nothing in this section shall be construed to authorize the Secretary to promulgate regulations prohibiting the use of— (1) time out (as defined in section 4(20) ); (2) devices implemented by trained school personnel, or utilized by a student, for the specific and approved therapeutic or safety purposes for which such devices were designed and, if applicable, prescribed, including— (A) restraints for medical immobilization; (B) adaptive devices or mechanical supports used to achieve proper body position, balance, or alignment to allow greater freedom of mobility than would be possible without the use of such devices or mechanical supports; or (C) vehicle safety restraints when used as intended during the transport of a student in a moving vehicle; or (3) handcuffs by school resource officers (as such term is defined in section 4151(11) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7161(11) ))— (A) in the— (i) case when a student’s behavior poses an imminent danger of physical injury to the student, school personnel, or others; or (ii) lawful exercise of law enforcement duties; and (B) less restrictive interventions would be ineffective. 6. State Plan and Report Requirements and Enforcement (a) State plan Not later than 2 years after the Secretary promulgates regulations pursuant to section 5(a) , and each year thereafter, each State educational agency shall submit to the Secretary a State plan that provides— (1) assurances to the Secretary that the State has in effect— (A) State policies and procedures that meet the minimum standards, including the standards with respect to State-approved crisis intervention training programs, established by regulations promulgated pursuant to section 5(a) ; and (B) a State mechanism to effectively monitor and enforce the minimum standards; (2) a description of the State policies and procedures, including a description of the State-approved crisis intervention training programs in such State; and (3) a description of the State plans to ensure school personnel and parents, including private school personnel and parents, are aware of the State policies and procedures. (b) Reporting (1) Reporting requirements Not later than 2 years after the date the Secretary promulgates regulations pursuant to section 5(a) , and each year thereafter, each State educational agency shall (in compliance with the requirements of section 444 of the General Education Provisions Act (commonly known as the Family Educational Rights and Privacy Act of 1974 ) ( 20 U.S.C. 1232g )) prepare and submit to the Secretary, and make available to the public, a report that includes the information described in paragraph (2), with respect to each local educational agency, and each school not under the jurisdiction of a local educational agency, located in the same State as such State educational agency. (2) Information requirements (A) General Information Requirements The report described in paragraph (1) shall include information on— (i) the total number of incidents in the preceding full-academic year in which physical restraint was imposed upon a student; and (ii) the total number of incidents in the preceding full-academic year in which seclusion was imposed upon a student. (B) Disaggregation (i) General Disaggregation Requirements The information described in subparagraph (A) shall be disaggregated by— (I) the total number of incidents in which physical restraint or seclusion was imposed upon a student— (aa) that resulted in injury; (bb) that resulted in death; and (cc) in which the school personnel imposing physical restraint or seclusion were not trained and certified as described in section 5(a)(2)(D)(i) ; and (II) the demographic characteristics of all students upon whom physical restraint or seclusion was imposed, including— (aa) the categories identified in section 1111(h)(1)(C)(i) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(h)(1)(C)(i)); (bb) age; and (cc) disability status (which has the meaning given the term individual with a disability in section 7(20) of the Rehabilitation Act of 1973 ( 29 U.S.C. 705(20) )). (ii) Unduplicated count; Exception The disaggregation required under clause (i) shall— (I) be carried out in a manner to ensure an unduplicated count of the— (aa) total number of incidents in the preceding full-academic year in which physical restraint was imposed upon a student; and (bb) total number of incidents in the preceding full-academic year in which seclusion was imposed upon a student; and (II) not be required in a case in which the number of students in a category would reveal personally identifiable information about an individual student. (c) Enforcement (1) In general (A) Use of remedies If a State educational agency fails to comply with subsection (a) or (b) , the Secretary shall— (i) withhold, in whole or in part, further payments under an applicable program (as such term is defined in section 400(c) of the General Education Provisions Act ( 20 U.S.C. 1221 )) in accordance with section 455 of such Act ( 20 U.S.C. 1234d ); (ii) require a State educational agency to submit, and implement, within 1 year of such failure to comply, a corrective plan of action, which may include redirection of funds received under an applicable program; or (iii) issue a complaint to compel compliance of the State educational agency through a cease and desist order, in the same manner the Secretary is authorized to take such action under section 456 of the General Education Provisions Act ( 20 U.S.C. 1234e ). (B) Cessation of Withholding of Funds Whenever the Secretary determines (whether by certification or other appropriate evidence) that a State educational agency who is subject to the withholding of payments under subparagraph (A)(i) has cured the failure providing the basis for the withholding of payments, the Secretary shall cease the withholding of payments with respect to the State educational agency under such subparagraph. (2) Rule of construction Nothing in this subsection shall be construed to limit the Secretary’s authority under the General Education Provisions Act ( 20 U.S.C. 1221 et seq. ). 7. Grant authority (a) In general From the amount appropriated under section 12 , the Secretary may award grants to State educational agencies to assist the agencies in— (1) establishing, implementing, and enforcing the policies and procedures to meet the minimum standards established by regulations promulgated by the Secretary pursuant to section 5(a) ; (2) improving State and local capacity to collect and analyze data related to physical restraint and seclusion; and (3) improving school climate and culture by implementing school-wide positive behavior support approaches. (b) Duration of grant A grant under this section shall be awarded to a State educational agency for a 3-year period. (c) Application Each State educational agency desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, including information on how the State educational agency will target resources to schools and local educational agencies in need of assistance related to preventing and reducing physical restraint and seclusion. (d) Authority To make subgrants (1) In general A State educational agency receiving a grant under this section may use such grant funds to award subgrants, on a competitive basis, to local educational agencies. (2) Application A local educational agency desiring to receive a subgrant under this section shall submit an application to the applicable State educational agency at such time, in such manner, and containing such information as the State educational agency may require. (e) Private school participation (1) In general A local educational agency receiving subgrant funds under this section shall, after timely and meaningful consultation with appropriate private school officials, ensure that private school personnel can participate, on an equitable basis, in activities supported by grant or subgrant funds. (2) Public Control of Funds The control of funds provided under this section, and title to materials, equipment, and property purchased with such funds, shall be in a public agency, and a public agency shall administer such funds, materials, equipment, and property. (f) Required activities A State educational agency receiving a grant, or a local educational agency receiving a subgrant, under this section shall use such grant or subgrant funds to carry out the following: (1) Researching, developing, implementing, and evaluating strategies, policies, and procedures to prevent and reduce physical restraint and seclusion in schools, consistent with the minimum standards established by regulations promulgated by the Secretary pursuant to section 5(a) . (2) Providing professional development, training, and certification for school personnel to meet such standards. (3) Carrying out the reporting requirements under section 6(b) and analyzing the information included in a report prepared under such section to identify student, school personnel, and school needs related to use of physical restraint and seclusion. (g) Additional Authorized activities In addition to the required activities described in subsection (f) , a State educational agency receiving a grant, or a local educational agency receiving a subgrant, under this section may use such grant or subgrant funds for one or more of the following: (1) Developing and implementing high-quality professional development and training programs to implement evidence-based systematic approaches to school-wide positive behavior supports, including improving coaching, facilitation, and training capacity for administrators, teachers, specialized instructional support personnel, and other staff. (2) Providing technical assistance to develop and implement evidence-based systematic approaches to school-wide positive behavior supports, including technical assistance for data-driven decisionmaking related to behavioral supports and interventions in the classroom. (3) Researching, evaluating, and disseminating high-quality evidence-based programs and activities that implement school-wide positive behavior supports with fidelity. (4) Supporting other local positive behavior support implementation activities consistent with this subsection. (h) Evaluation and report Each State educational agency receiving a grant under this section shall, at the end of the 3-year grant period for such grant — (1) evaluate the State’s progress toward the prevention and reduction of physical restraint and seclusion in the schools located in the State, consistent with the minimum standards established by regulations promulgated by the Secretary pursuant to section 5(a) ; and (2) submit to the Secretary a report on such progress. (i) Department of the Interior From the amount appropriated under section 12 , the Secretary may allocate funds to the Secretary of the Interior for activities under this section with respect to schools operated or funded by the Department of the Interior, under such terms as the Secretary of Education may prescribe. 8. National assessment (a) National Assessment The Secretary shall carry out a national assessment to determine the effectiveness of this Act, which shall include— (1) analyzing data related to physical restraint and seclusion incidents; (2) analyzing the effectiveness of Federal, State, and local efforts to prevent and reduce the number of physical restraint and seclusion incidents in schools; (3) identifying the types of programs and services that have demonstrated the greatest effectiveness in preventing and reducing the number of physical restraint and seclusion incidents in schools; and (4) identifying evidence-based personnel training models with demonstrated success in preventing and reducing the number of physical restraint and seclusion incidents in schools, including models that emphasize positive behavior supports and de-escalation techniques over physical intervention. (b) Report The Secretary shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate— (1) not later than 3 years after the date of enactment of this Act, an interim report that summarizes the preliminary findings of the assessment described in subsection (a) ; and (2) not later than 5 years after the date of the enactment of this Act, a final report of the findings of the assessment. 9. Protection and Advocacy Systems Protection and Advocacy Systems shall have the authority provided under section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15043) to investigate, monitor, and enforce protections provided for students under this Act. 10. Head Start Programs (a) Regulations The Secretary of Health and Human Services, in consultation with the Secretary, shall promulgate regulations with respect to Head Start agencies administering Head Start programs under the Head Start Act ( 42 U.S.C. 9801 et seq. ) that establish requirements consistent with— (1) the requirements established by regulations promulgated pursuant to section 5(a) ; and (2) the reporting and enforcement requirements described in subsections (b) and (c) of section 6. (b) Grant authority From the amount appropriated under section 12 , the Secretary may allocate funds to the Secretary of Health and Human Services to assist the Head Start agencies in establishing, implementing, and enforcing policies and procedures to meet the requirements established by regulations promulgated pursuant to subsection (a). 11. Limitation of Authority (a) In general Nothing in this Act shall be construed to restrict or limit, or allow the Secretary to restrict or limit, any other rights or remedies otherwise available to students or parents under Federal or State law or regulation. (b) Applicability (1) Private schools Nothing in this Act shall be construed to affect any private school that does not receive, or does not serve students who receive, support in any form from any program supported, in whole or in part, with funds appropriated to the Department of Education. (2) Home schools Nothing in this Act shall be construed to— (A) affect a home school, whether or not a home school is treated as a private school or home school under State law; or (B) consider parents who are schooling a child at home as school personnel. 12. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this Act for fiscal year 2014 and each of the 4 succeeding fiscal years. 13. Presumption of Congress relating to competitive procedures (a) Presumption It is the presumption of Congress that grants awarded under this Act will be awarded using competitive procedures based on merit. (b) Report to Congress If grants are awarded under this Act using procedures other than competitive procedures, the Secretary shall submit to Congress a report explaining why competitive procedures were not used. 14. Prohibition on earmarks None of the funds appropriated to carry out this Act may be used for a congressional earmark as defined in clause 9e, of rule XXI of the Rules of the House of Representatives of the 113th Congress. | https://www.govinfo.gov/content/pkg/BILLS-113hr1893ih/xml/BILLS-113hr1893ih.xml |
113-hr-1894 | I 113th CONGRESS 1st Session H. R. 1894 IN THE HOUSE OF REPRESENTATIVES May 8, 2013 Mrs. Noem introduced the following bill; which was referred to the Committee on Agriculture A BILL To establish an Office of Tribal Relations in the Department of Agriculture.
1. Office of tribal relations (a) In general Title III of the Department of Agriculture Reorganization Act of 1994 is amended by adding after section 308 ( 7 U.S.C. 3125a note; Public Law 103–354) the following new section: 309. Office of tribal relations The Secretary shall establish in the Office of the Secretary an Office of Tribal Relations to advise the Secretary on policies related to Indian tribes. . (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)(C), by striking or at the end; (2) in paragraph (7), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new paragraph: (8) the authority of the Secretary to establish in the Office of the Secretary the Office of Tribal Relations in accordance with section 309. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1894ih/xml/BILLS-113hr1894ih.xml |
113-hr-1895 | I 113th CONGRESS 1st Session H. R. 1895 IN THE HOUSE OF REPRESENTATIVES May 8, 2013 Mrs. Noem introduced the following bill; which was referred to the Committee on Agriculture , and in addition to the Committee on Natural Resources , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To respond to the extreme fire hazard and unsafe conditions resulting from pine beetle infestation, drought, disease, or storm damage by declaring a state of emergency and directing the Secretary of Agriculture to immediately implement hazardous fuels reduction projects in the manner provided in title I of the Healthy Forests Restoration Act of 2003, and for other purposes.
1. Short title This Act may be cited as the National Forest Emergency Response Act . 2. Findings Congress finds that— (1) forest health and human safety in certain national forests have deteriorated dangerously due to pine beetle infestation, disease, storm damage, and drought; and (2) the resulting fire hazard in those national forests endangers adjacent communities, ranches, State parks, and several units of the National Park System and poses a significant threat to the economic stability of surrounding areas and the health, safety, and well-being of residents and visitors to those areas. 3. Definitions In this Act: (1) Designated national forest The term designated national forest means a national forest designated by the Secretary under section 4(b). (2) Emergency circumstances The term emergency circumstances has the meaning given the term in section 1506.11 of title 40, Code of Federal Regulations (or a successor regulation). (3) Secretary The term Secretary means the Secretary of Agriculture. 4. Declaration of emergency and selection of pilot project national forests (a) In general In recognition of deteriorating forest health conditions, extreme fire hazard, and the significant number of dead and dying trees in certain national forests due to pine beetle infestation, drought, disease, or storm damage, and the resulting imminent risk of devastating wildfire that poses a significant threat to the economic stability of surrounding areas and the health, safety, and well-being of residents, firefighters, and visitors to the areas, Congress declares that the fire hazard and human endangerment in those national forests designated by the Secretary under subsection (b) constitute emergency circumstances. (b) Designations (1) In general Not later than 60 days after the date of enactment of this Act, the Secretary shall designate not less than 1 national forest in each applicable State that is experiencing conditions that constitute emergency circumstances due to pine beetle infestation, drought, disease, or storm damage and the resulting imminent risk of devastating wildfire that poses a significant threat to the economic stability of surrounding areas and the health, safety, and well-being of residents, firefighters, and visitors to the areas. (2) Limitation A designation under paragraph (1) shall be for a period not to exceed 10 years. 5. Application of expedited procedures and activities of the Healthy Forests Restoration Act of 2003 to designated Forest Service pilot projects (a) Applicability Subject to subsections (b) through (e), title I of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 et seq. ) (including the environmental analysis requirements of section 104 of that Act ( 16 U.S.C. 6514 ), the special administrative review process under section 105 of that Act ( 16 U.S.C. 6515 ), and the judicial review process under section 106 of that Act ( 16 U.S.C. 6516 )), shall apply to all Forest Service projects and activities implementing the land and resource management plan developed for the designated national forests during the term of the emergency circumstance declared under section 4. (b) Application of other law Section 322 of Public Law 102–381 ( 16 U.S.C. 1612 note; 106 Stat. 1419) shall not apply to projects conducted in accordance with this section. (c) Required modifications In applying title I of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 et seq. ) to Forest Service projects and activities in designated national forests, the Secretary shall make the following modifications: (1) The authority shall apply to the entire designated national forest, including land that is outside of a wildland-urban interface area or that does not satisfy any of the other eligibility criteria specified in section 102(a) of that Act ( 16 U.S.C. 6512(a) ). (2) All projects and activities of the Forest Service, including necessary connected actions (as described in section 1508.25(a)(1) of title 40, Code of Federal Regulations (or a successor regulation)), shall be considered to be authorized hazardous fuel reduction projects for purposes of applying the title. (3) In the case of a project intended to address the existence of an infestation of disease or insects, or the presence of such an infestation on immediately adjacent land, the Secretary may proceed with the project if there is any risk the infestation will spread, not just in the event of an imminent risk of the spread of the infestation. (4) Forest Service projects and activities in the designated national forest conducted under title I of that Act shall not be counted toward the limitation in section 102(c) of that Act ( 16 U.S.C. 6512(c) ) on the total quantity of acreage that may be treated under that title. (d) Smaller projects (1) In general Except as provided in paragraph (2), a project conducted in a designated national forest in accordance with this section that comprises less than 10,000 acres shall be considered an action categorically excluded from the requirements for an environmental assessment or an environmental impact statement under section 1508.4 of title 40, Code of Federal Regulations (or a successor regulation). (2) Exclusion of certain areas Paragraph (1) does not apply to— (A) a component of the National Wilderness Preservation System; (B) any Federal land on which, by Act of Congress or Presidential proclamation, the removal of vegetation is restricted or prohibited; (C) a congressionally designated wilderness study area; or (D) an area in which activities under paragraph (1) would be inconsistent with the applicable land and resource management plan. (e) Prohibition on restraining orders, preliminary injunctions, and other relief pending judicial review (1) In general No restraining order, preliminary injunction, or injunction pending appeal shall be issued by any court of the United States with respect to any decision to engage in any remedial action or to prepare, advertise, offer, award, or operate a timber sale under this section in a designated national forest. (2) Applicability of other law Section 705 of title 5, United States Code, shall not apply to any challenge to a sale described in paragraph (1). 6. Good neighbor authority (a) Definitions In this section: (1) Eligible State The term eligible State means a State that contains National Forest System land. (2) Secretary The term Secretary means the Secretary of Agriculture. (3) State forester The term State forester means the head of a State agency with jurisdiction over State forestry programs in an eligible State. (b) Cooperative agreements and contracts (1) In general The Secretary may enter into a cooperative agreement or contract (including a sole source contract) with a State forester to authorize the State forester to provide the forest, rangeland, and watershed restoration and protection services described in paragraph (2) on National Forest System land in the eligible State. (2) Authorized services The forest, rangeland, and watershed restoration and protection services referred to in paragraph (1) include the conduct of— (A) activities to treat insect infected trees; (B) activities to reduce hazardous fuels; and (C) any other activities to restore or improve forest, rangeland, and watershed health, including fish and wildlife habitat. (3) State as agent Except as provided in paragraph (6), a cooperative agreement or contract entered into under paragraph (1) may authorize the State forester to serve as the agent for the Secretary in providing the restoration and protection services authorized under that paragraph. (4) Subcontracts In accordance with applicable contract procedures for the eligible State, a State forester may enter into subcontracts to provide the restoration and protection services authorized under a cooperative agreement or contract entered into under paragraph (1). (5) Timber sales Subsections (d) and (g) of section 14 of the National Forest Management Act of 1976 ( 16 U.S.C. 472a ) shall not apply to services performed under a cooperative agreement or contract entered into under paragraph (1). (6) Retention of NEPA responsibilities Any decision required to be made under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) with respect to any restoration and protection services to be provided under this section by a State forester on National Forest System land shall not be delegated to a State forester or any other officer or employee of the eligible State. (7) Applicable law The restoration and protection services to be provided under this section shall be carried out on a project-to-project basis under existing authorities of the Forest Service. | https://www.govinfo.gov/content/pkg/BILLS-113hr1895ih/xml/BILLS-113hr1895ih.xml |
113-hr-1896 | I 113th CONGRESS 1st Session H. R. 1896 IN THE HOUSE OF REPRESENTATIVES May 8, 2013 Mr. Reichert (for himself, Mr. Doggett , Mr. Lewis , Mr. Boustany , Mr. Crowley , Mr. Reed , Mr. Young of Indiana , Mr. Kelly of Pennsylvania , Mr. Griffin of Arkansas , and Mr. Renacci ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on the Budget 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 amend part D of title IV of the Social Security Act to ensure that the United States can comply fully with the obligations of the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance, and for other purposes.
1. Short title; references (a) Short title This Act may be cited as the International Child Support Recovery Improvement Act of 2013 . (b) References Except as otherwise expressly provided in this Act, wherever in this Act an amendment is expressed in terms of an amendment to a section or other provision, the amendment shall be considered to be made to a section or other provision of the Social Security Act. 2. Amendments to ensure access to child support services for international child support cases (a) Authority of the secretary of hhs To ensure compliance with multilateral child support conventions (1) In general Section 452 ( 42 U.S.C. 652 ) is amended— (A) by redesignating the second subsection (l) (as added by section 7306 of the Deficit Reduction Act of 2005) as subsection (m); and (B) by adding at the end the following: (n) The Secretary shall use the authorities otherwise provided by law to ensure the compliance of the United States with any multilateral child support convention to which the United States is a party. . (2) Conforming amendment Section 453(k)(3) ( 42 U.S.C. 653(k)(3) ) is amended by striking 452(l) and inserting 452(m) . (b) Access to the federal parent locator service Section 453(c) ( 42 U.S.C. 653(c) ) is amended— (1) by striking and at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting ; and ; and (3) by adding at the end the following: (5) an entity designated as a Central Authority for child support enforcement in a foreign reciprocating country or a foreign treaty country for purposes specified in section 459A(c)(2). . (c) State option To require individuals in foreign countries To apply through their country’s appropriate central authority Section 454 ( 42 U.S.C. 654 ) is amended— (1) in paragraph (4)(A)(ii), by inserting before the semicolon (except that, if the individual applying for the services resides in a foreign reciprocating country or foreign treaty country, the State may opt to require the individual to request the services through the Central Authority for child support enforcement in the foreign reciprocating country or the foreign treaty country, and if the individual resides in a foreign country that is not a foreign reciprocating country or a foreign treaty country, a State may accept or reject the application) ; and (2) in paragraph (32)— (A) in subparagraph (A), by inserting , a foreign treaty country, after a foreign reciprocating country ; and (B) in subparagraph (C), by striking or foreign obligee and inserting , foreign treaty country, or foreign individual . (d) Amendments to international support enforcement provisions Section 459A (42 U.S.C. 659a) is amended— (1) by adding at the end the following: (e) References In this part: (1) Foreign reciprocating country The term foreign reciprocating country means a foreign country (or political subdivision thereof) with respect to which the Secretary has made a declaration pursuant to subsection (a). (2) Foreign treaty country The term foreign treaty country means a foreign country for which the 2007 Family Maintenance Convention is in force. (3) 2007 family maintenance convention The term 2007 Family Maintenance Convention means the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance. ; (2) in subsection (c)— (A) in the matter preceding paragraph (1), by striking foreign countries that are the subject of a declaration under this section and inserting foreign reciprocating countries or foreign treaty countries ; and (B) in paragraph (2), by inserting and foreign treaty countries after foreign reciprocating countries ; and (3) in subsection (d), by striking the subject of a declaration pursuant to subsection (a) and inserting foreign reciprocating countries or foreign treaty countries . (e) Collection of past-Due support from federal tax refunds Section 464(a)(2)(A) ( 42 U.S.C. 664(a)(2)(A) ) is amended by striking under section 454(4)(A)(ii) and inserting under paragraph (4)(A)(ii) or (32) of section 454 . (f) State law requirement concerning the uniform interstate family support act (uifsa) (1) In general Section 466(f) ( 42 U.S.C. 666(f) ) is amended— (A) by striking on and after January 1, 1998, ; (B) by striking and as in effect on August 22, 1996, ; and (C) by striking adopted as of such date and inserting adopted as of September 30, 2008 . (2) Conforming amendments to title 28, united states code Section 1738B of title 28, United States Code, is amended— (A) in subsection (d), by striking individual contestant and inserting individual contestant or the parties have consented in a record or open court that the tribunal of the State may continue to exercise jurisdiction to modify its order, ; (B) in subsection (e)(2)(A), by striking individual contestant and inserting individual contestant and the parties have not consented in a record or open court that the tribunal of the other State may continue to exercise jurisdiction to modify its order ; and (C) in subsection (b)— (i) by striking child means and inserting (1) The term child means ; (ii) by striking child’s State means and inserting (2) The term child’s State means ; (iii) by striking child’s home State means and inserting (3) The term child’s home State means ; (iv) by striking child support means and inserting (4) The term child support means ; (v) by striking child support order and inserting (5) The term child support order ; (vi) by striking contestant means and inserting (6) The term contestant means ; (vii) by striking court means and inserting (7) The term court means ; (viii) by striking modification means and inserting (8) The term modification means ; and (ix) by striking State means and inserting (9) The term State means . (3) Effective date; grace period for state law changes (A) Paragraph (1) (i) The amendments made by paragraph (1) shall take effect with respect to a State no later than the effective date of laws enacted by the legislature of the State implementing such paragraph, but in no event later than the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. (ii) For purposes of clause (i), in the case of a State that has a 2-year legislative session, each year of the session shall be deemed to be a separate regular session of the State legislature. (B) Paragraph (2) (i) The amendments made by subparagraphs (A) and (B) of paragraph (2) shall take effect on the date on which the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance enters into force for the United States. (ii) The amendments made by subparagraph (C) of paragraph (2) shall take effect on the date of the enactment of this Act. 3. Data exchange standardization for improved interoperability (a) In general Section 452 ( 42 U.S.C. 652 ), as amended by section 2(a)(1) of this Act, is amended by adding at the end the following: (o) Data exchange standards for improved interoperability (1) Designation The Secretary shall, in consultation with an interagency work group established by the Office of Management and Budget and considering State government perspectives, by rule, designate data exchange standards to govern, under this part— (A) necessary categories of information that State agencies operating programs under State plans approved under this part are required under applicable law to electronically exchange with another State agency; and (B) Federal reporting and data exchange required under applicable law. (2) Requirements The data exchange standards required by paragraph (1) shall, to the extent practicable— (A) incorporate a widely accepted, non-proprietary, searchable, computer-readable format, such as the eXtensible Markup Language; (B) contain interoperable standards developed and maintained by intergovernmental partnerships, such as the National Information Exchange Model; (C) incorporate interoperable standards developed and maintained by Federal entities with authority over contracting and financial assistance; (D) be consistent with and implement applicable accounting principles; (E) be implemented in a manner that is cost-effective and improves program efficiency and effectiveness; and (F) be capable of being continually upgraded as necessary. (3) Rule of construction Nothing in this subsection shall be construed to require a change to existing data exchange standards found to be effective and efficient. . (b) Effective date The Secretary of Health and Human Services shall issue a proposed rule within 24 months after the date of the enactment of this section. The rule shall identify federally-required data exchanges, include specification and timing of exchanges to be standardized, and address the factors used in determining whether and when to standardize data exchanges. It should also specify State implementation options and describe future milestones. 4. Efficient use of the national directory of new hires database for federally sponsored research assessing the effectiveness of federal policies and programs in achieving positive labor market outcomes Section 453 ( 42 U.S.C. 653 ) is amended— (1) in subsection (i)(2)(A), by striking 24 and inserting 48 ; and (2) in subsection (j), by striking paragraph (5) and inserting the following: (5) Research (A) In general Subject to subparagraph (B) of this paragraph, the Secretary may provide access to data in each component of the Federal Parent Locator Service maintained under this section and to information reported by employers pursuant to section 453A(b), for— (i) research undertaken by a State or Federal agency (including through grant or contract) for purposes found by the Secretary to be likely to contribute to achieving the purposes of part A or this part; or (ii) an evaluation or statistical analysis undertaken to assess the effectiveness of a Federal program in achieving positive labor market outcomes (including through grant or contract), by— (I) the Department of Health and Human Services; (II) the Social Security Administration; (III) the Department of Labor; (IV) the Department of Education; (V) the Department of Housing and Urban Development; (VI) the Department of Justice; (VII) the Department of Veterans Affairs; (VIII) the Bureau of the Census; (IX) the Department of Agriculture; or (X) the National Science Foundation. (B) Personal identifiers Data or information provided under this paragraph may include a personal identifier only if, in addition to meeting the requirements of subsections (l) and (m)— (i) the State or Federal agency conducting the research described in subparagraph (A)(i), or the Federal department or agency undertaking the evaluation or statistical analysis described in subparagraph (A)(ii), as applicable, enters into an agreement with the Secretary regarding the security and use of the data or information; (ii) the agreement includes such restrictions or conditions with respect to the use, safeguarding, disclosure, or redisclosure of the data or information (including by contractors or grantees) as the Secretary deems appropriate; (iii) the data or information is used exclusively for the purposes defined in the agreement; and (iv) the Secretary determines that the provision of data or information under this paragraph is the minimum amount needed to conduct the research, evaluation, or statistical analysis, as applicable, and will not interfere with the effective operation of the program under this part. (C) Penalties for unauthorized disclosure of data Any individual who willfully discloses a personal identifier (such as a name or social security number) provided under this paragraph, in any manner to an entity not entitled to receive the data or information, shall be fined under title 18, United States Code, imprisoned not more than 5 years, or both. . 5. Budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage. | https://www.govinfo.gov/content/pkg/BILLS-113hr1896ih/xml/BILLS-113hr1896ih.xml |
113-hr-1897 | I 113th CONGRESS 1st Session H. R. 1897 IN THE HOUSE OF REPRESENTATIVES May 8, 2013 Mr. Smith of New Jersey (for himself, Mr. Royce , Mr. Wolf , Ms. Lofgren , and Mr. Lowenthal ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To promote freedom and democracy in Vietnam.
1. Short title; table of contents (a) Short title This Act may be cited as the Vietnam Human Rights Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purpose. Sec. 3. Prohibition on increased nonhumanitarian assistance to the Government of Vietnam. Sec. 4. United States public diplomacy. Sec. 5. United Nations Human Rights Council. Sec. 6. Annual report. 2. Findings and purpose (a) Findings Congress finds the following: (1) The relationship between the United States and the Socialist Republic of Vietnam has grown substantially since the end of the trade embargo in 1994, with annual trade between the two countries reaching nearly $25,000,000,000 in 2012. (2) The Government of Vietnam’s transition toward greater economic freedom and trade has not been matched by greater political freedom and substantial improvements in basic human rights for Vietnamese citizens, including freedom of religion, expression, association, and assembly. (3) The United States Congress agreed to Vietnam becoming an official member of the World Trade Organization in 2006, amidst assurances that the Government of Vietnam was steadily improving its human rights record and would continue to do so. (4) Vietnam remains a one-party state, ruled and controlled by the Communist Party of Vietnam (CPV), which continues to deny the right of citizens to change their Government. (5) Although in recent years the National Assembly of Vietnam has played an increasingly active role as a forum for highlighting local concerns, corruption, and inefficiency, the National Assembly remains subject to the direction of the CPV and the CPV maintains control over the selection of candidates in national and local elections. (6) The Government of Vietnam forbids public challenge to the legitimacy of the one-party state, restricts freedoms of opinion, the press, and association and tightly limits access to the Internet and telecommunication. (7) Since Vietnam’s accession to the WTO on January 11, 2007, the Government of Vietnam arbitrarily arrested and detained numerous individuals for their peaceful advocacy of religious freedom, democracy, and human rights, including Father Nguyen Van Ly, human rights lawyers Nguyen Van Dai, Le Thi Cong Nhan, Cu Huy Ha Vu, and Le Cong Dinh, and bloggers Nguyen Van Hai, Ta Phong Tan, and Le Van Son. (8) The Government of Vietnam continues to detain, imprison, place under house arrest, convict, or otherwise restrict persons for the peaceful expression of dissenting political or religious views. (9) The Government of Vietnam continues to detain labor leaders and restricts the right to organize independently. (10) The Government of Vietnam continues to limit the freedom of religion, restrict the operations of independent religious organizations, and persecute believers whose religious activities the Government regards as a potential threat to its monopoly on power. (11) Despite reported progress in church openings and legal registrations of religious venues, the Government of Vietnam has halted most positive actions since the Department of State lifted the country of particular concern (CPC) designation for Vietnam in November 2006. (12) Unregistered ethnic minority Protestant congregations, particularly Montagnards in the Central and Northwest Highlands, suffer severe abuses because of actions by the Government of Vietnam, which have included forced renunciations of faith, arrest and harassment, the withholding of social programs provided for the general population, confiscation and destruction of property, subjection to severe beatings, and reported deaths. (13) There has been a pattern of violent responses by the Government to peaceful prayer vigils and demonstrations by Catholics for the return of Government-confiscated church properties. Protesters have been harassed, beaten, and detained and church properties have been destroyed. Catholics also continue to face some restrictions on selection of clergy, the establishment of seminaries and seminary candidates, and individual cases of travel and church registration. (14) In May 2010 the village of Con Dau, a Catholic parish in Da Nang, faced escalated violence during a funeral procession as police attempted to prohibit a religious burial in the village cemetery; more than 100 villagers were injured, 62 were arrested, five were tortured, and at least three died. (15) The Unified Buddhist Church of Vietnam (UBCV) suffers persecution as the Government of Vietnam continues to restrict contacts and movement of senior UBCV clergy for refusing to join the state-sponsored Buddhist organization, the Government restricts expression and assembly, and the Government continues to harass and threaten UBCV monks, nuns, and youth leaders. (16) The Government of Vietnam continues to suppress the activities of other religious adherents, including Cao Dai and Hoa Hao Buddhists who lack official recognition or have chosen not to affiliate with the state-sanctioned groups, including through the use of detention, imprisonment, and strict Government oversight. (17) Many Montagnards and others are still serving long prison sentences for their involvement in peaceful demonstrations in 2001, 2002, 2004, and 2008. Montagnards continue to face threats, detention, beatings, forced renunciation of faith, property destruction, restricted movement, and reported deaths at the hands of Government officials. (18) Ethnic minority Hmong in Northern Vietnam, the Northwest Highlands, and the Central Highlands of Vietnam also suffer restrictions, confiscation of property, abuses, and persecution by the Government of Vietnam. (19) The Government of Vietnam restricts Khmer Krom expression, assembly, and association, has confiscated nearly all the Theravada Buddhist temples, controls all Khmer Kaon Buddhist religious organizations and prohibits most peaceful protests. (20) The Government of Vietnam controls nearly all print and electronic media, including access to the Internet, jams the signals of some foreign radio stations, including Radio Free Asia, and has detained and imprisoned individuals who have posted, published, sent, or otherwise distributed democracy-related materials. (21) People arrested in Vietnam because of their political or religious affiliations and activities often are not accorded due legal process as they lack full access to lawyers of their choice, may experience closed trials, have often been detained for years without trial, and have been subjected to the use of torture to admit crimes they did not commit or to falsely denounce their own leaders. (22) Vietnam continues to be a source country for the commercial sexual exploitation and forced labor of women and girls, as well as for men and women legally entering into international labor contracts who subsequently face conditions of debt bondage or forced labor, and is a destination country for child trafficking and continues to have internal human trafficking. (23) There are many reports of Vietnamese officials and employees participating in, facilitating, condoning, or otherwise being complicit in severe forms of human trafficking. (24) United States refugee resettlement programs, including the Humanitarian Resettlement (HR) Program, the Orderly Departure Program (ODP), Resettlement Opportunities for Vietnamese Returnees (ROVR) Program, general resettlement of boat people from refugee camps throughout Southeast Asia, the Amerasian Homecoming Act of 1988, and the Priority One Refugee resettlement category, have helped rescue Vietnamese nationals who have suffered persecution on account of their associations with the United States or, in many cases, because of such associations by their spouses, parents, or other family members, as well as other Vietnamese nationals who have been persecuted because of race, religion, nationality, political opinion, or membership in a particular social group. (25) While previous programs have served their purposes well, a significant number of eligible refugees from Vietnam were unfairly denied or excluded, including Amerasians, in some cases by vindictive or corrupt Vietnamese officials who controlled access to the programs, and in others by United States personnel who imposed unduly restrictive interpretations of program criteria. In addition, the Government of Vietnam has denied passports to persons who the United States has found eligible for refugee admission. (26) The Government of Vietnam reportedly is detaining tens of thousands of people, with some as young as 12 years old, in government-run drug detention centers and treating them as slave laborers. (27) In 2012, over 150,000 people signed an online petition calling on the Administration to not expand trade with communist Vietnam at the expense of human rights. (28) Congress has passed numerous resolutions condemning human rights abuses in Vietnam, indicating that although there has been an expansion of relations with the Government of Vietnam, it should not be construed as approval of the ongoing and serious violations of fundamental human rights in Vietnam. (b) Purpose The purpose of this Act is to promote the development of freedom and democracy in Vietnam. 3. Prohibition on increased nonhumanitarian assistance to the Government of Vietnam (a) Assistance (1) In general Except as provided in subsection (b), the Federal Government may not provide nonhumanitarian assistance to the Government of Vietnam during any fiscal year in an amount that exceeds the amount of such assistance provided for fiscal year 2012 unless— (A) with respect to the limitation for fiscal year 2014, the President determines and certifies to Congress, not later than 30 days after the date of the enactment of this Act, that the requirements of subparagraphs (A) through (G) of paragraph (2) have been met during the 12-month period ending on the date of the certification; and (B) with respect to the limitation for subsequent fiscal years, the President determines and certifies to Congress, in the most recent annual report submitted pursuant to section 6, that the requirements of subparagraphs (A) through (G) of paragraph (2) have been met during the 12-month period covered by the report. (2) Requirements The requirements of this paragraph are the following: (A) The Government of Vietnam has made substantial progress toward releasing all political and religious prisoners from imprisonment, house arrest, and other forms of detention. (B) The Government of Vietnam has made substantial progress toward— (i) respecting the right to freedom of religion, including the right to participate in religious activities and institutions without interference, harassment, or involvement of the Government, for all of Vietnam’s diverse religious communities; and (ii) returning estates and properties confiscated from the churches and religious communities. (C) The Government of Vietnam has made substantial progress toward respecting the right to freedom of expression, assembly, and association, including the release of independent journalists, bloggers, and democracy and labor activists. (D) The Government of Vietnam has made substantial progress toward repealing or revising laws that criminalize peaceful dissent, independent media, unsanctioned religious activity, and nonviolent demonstrations and rallies, in accordance with international standards and treaties to which Vietnam is a party. (E) The Government of Vietnam has made substantial progress toward allowing Vietnamese nationals free and open access to United States refugee programs. (F) The Government of Vietnam has made substantial progress toward respecting the human rights of members of all ethnic and minority groups. (G) Neither any official of the Government of Vietnam nor any agency or entity wholly or partly owned by the Government of Vietnam was complicit in a severe form of trafficking in persons, or the Government of Vietnam took all appropriate steps to end any such complicity and hold such official, agency, or entity fully accountable for its conduct. (b) Exception (1) Continuation of assistance in the national interest Notwithstanding the failure of the Government of Vietnam to meet the requirements of subsection (a)(2), the President may waive the application of subsection (a) for any fiscal year if— (A) the President determines that the provision to the Government of Vietnam of increased nonhumanitarian assistance would promote the purpose of this Act or is otherwise in the national interest of the United States; and (B) the Federal Government provides assistance, at levels commensurate with, or exceeding, any increases in nonhumanitarian assistance to Vietnam, that supports— (i) training about the obligation of the Government of Vietnam to respect the rights enumerated in the International Covenant on Civil and Political Rights; (ii) noncommercial rule of law programming; and (iii) measures to overcome the jamming of Radio Free Asia by the Government of Vietnam. (2) Exercise of waiver authority The President may exercise the authority under paragraph (1) with respect to— (A) all United States nonhumanitarian assistance to Vietnam; or (B) one or more programs, projects, or activities of such assistance. (c) Definitions In this section: (1) Nonhumanitarian assistance The term nonhumanitarian assistance means— (A) any assistance under the Foreign Assistance Act of 1961 (including programs under title IV of chapter 2 of part I of that Act, relating to the Overseas Private Investment Corporation), other than— (i) disaster relief assistance, including any assistance under chapter 9 of part I of that Act; (ii) assistance which involves the provision of food (including monetization of food) or medicine; (iii) assistance for environmental remediation of dioxin-contaminated sites and related health activities; (iv) assistance to combat severe forms of trafficking in persons; (v) assistance to combat pandemic diseases; (vi) assistance for refugees; and (vii) assistance to combat HIV/AIDS, including any assistance under section 104A of that Act; and (B) sales, or financing on any terms, under the Arms Export Control Act. (2) Severe form of trafficking in persons The term severe form of trafficking in persons means any activity described in section 103(8) of the Trafficking Victims Protection Act of 2000 ( Public Law 106–386 (114 Stat. 1470); 22 U.S.C. 7102(8) ). (d) Effective date This section shall take effect on the date of the enactment of this Act and shall apply with respect to the provision of nonhumanitarian assistance to the Government of Vietnam for fiscal year 2014 and subsequent fiscal years. 4. United States public diplomacy (a) Radio Free Asia transmissions to Vietnam It is the sense of Congress that the United States should take measures to overcome the jamming of Radio Free Asia by the Government of Vietnam and that the Broadcasting Board of Governors should not cut staffing, funding, or broadcast hours for the Vietnamese language services of the Voice of America and Radio Free Asia, which shall be done without reducing any other broadcast language services. (b) United States educational and cultural exchange programs with Vietnam It is the sense of Congress that any programs of educational and cultural exchange between the United States and Vietnam should actively promote progress toward freedom and democracy in Vietnam by providing opportunities to Vietnamese nationals from a wide range of occupations and perspectives to see freedom and democracy in action and, also, by ensuring that Vietnamese nationals who have already demonstrated a commitment to these values are included in such programs. (c) United Nations Human Rights Council It is the sense of Congress that the Secretary of State should strongly oppose, and encourage other members of the United Nations to oppose, the candidacy of Vietnam for membership on the United Nations Human Rights Council for the term beginning in 2014. 5. Religious freedom and human trafficking (a) Country of particular concern It is the sense of Congress that Vietnam should be designated as a country of particular concern for religious freedom pursuant to section 402(b) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6442(b) ). (b) Minimum standards for the elimination of human trafficking It is the sense of Congress that the Government of Vietnam does not fully comply with the minimum standards for the elimination of trafficking and is not making significant efforts to bring itself into compliance, and this determination should be reflected in the annual report to Congress required pursuant to section 110(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)). 6. Annual report (a) In general Not later than six months after the date of the enactment of this Act and every 12 months thereafter, the Secretary of State shall submit to Congress a report on the following: (1) The determination and certification of the President that the requirements of subparagraphs (A) through (G) of section 3(a)(2) have been met, if applicable. (2) If the President has waived the application of section 3(a) pursuant to section 3(b) during the reporting period— (A) the national interest with respect to which such a waiver was based; (B) the amount of increased nonhumanitarian assistance provided to the Government of Vietnam; and (C) a description of the type and amount of commensurate assistance provided pursuant to section 3(b)(1)(B). (3) Efforts by the United States Government to promote access by the Vietnamese people to Radio Free Asia transmissions. (4) Efforts to ensure that programs with Vietnam promote the policy set forth in section 102 of the Human Rights, Refugee, and Other Foreign Policy Provisions Act of 1996 regarding participation in programs of educational and cultural exchange. (5) Lists of persons believed to be imprisoned, detained, or placed under house arrest, tortured, or otherwise persecuted by the Government of Vietnam due to their pursuit of internationally recognized human rights. In compiling such lists, the Secretary shall exercise appropriate discretion, including concerns regarding the safety and security of, and benefit to, the persons who may be included on the lists and their families. In addition, the Secretary shall include a list of such persons and their families who may qualify for protections under United States refugee programs. (6) A description of the development of the rule of law in Vietnam, including— (A) progress toward the development of institutions of democratic governance; (B) processes by which statutes, regulations, rules, and other legal acts of the Government of Vietnam are developed and become binding within Vietnam; (C) the extent to which statutes, regulations, rules, administrative and judicial decisions, and other legal acts of the Government of Vietnam are published and are made accessible to the public; (D) the extent to which administrative and judicial decisions are supported by statements of reasons that are based upon written statutes, regulations, rules, and other legal acts of the Government of Vietnam; (E) the extent to which individuals are treated equally under the laws of Vietnam without regard to citizenship, race, religion, political opinion, or current or former associations; (F) the extent to which administrative and judicial decisions are independent of political pressure or governmental interference and are reviewed by entities of appellate jurisdiction; and (G) the extent to which laws in Vietnam are written and administered in ways that are consistent with international human rights standards, including the rights enumerated in the International Covenant on Civil and Political Rights. (b) Contacts with other organizations In preparing the report under subsection (a), the Secretary shall, as appropriate, seek out and maintain contacts with nongovernmental organizations and human rights advocates (including Vietnamese-Americans and human rights advocates in Vietnam), including receiving reports and updates from such organizations and evaluating such reports. The Secretary shall also seek to consult with the United States Commission on International Religious Freedom for appropriate sections of the report. | https://www.govinfo.gov/content/pkg/BILLS-113hr1897ih/xml/BILLS-113hr1897ih.xml |
113-hr-1898 | I 113th CONGRESS 1st Session H. R. 1898 IN THE HOUSE OF REPRESENTATIVES May 8, 2013 Mr. Turner (for himself and Mr. Andrews ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To protect the child custody rights of deployed members of the Armed Forces, and for other purposes.
1. Protection of child custody arrangements for parents who are members of the Armed Forces (a) Child custody protection Title II of the Servicemembers Civil Relief Act (50 U.S.C. App. 521 et seq.) is amended by adding at the end the following new section: 208. Child custody protection (a) Restriction on temporary custody order If a court renders a temporary order for custodial responsibility for a child based solely on a deployment or anticipated deployment of a parent who is a servicemember, then the court shall require that, upon the return of the servicemember from deployment, the custody order that was in effect immediately preceding the temporary order shall be reinstated, unless the court finds that such a reinstatement is not in the best interest of the child, except that any such finding shall be subject to subsection (b). (b) Limitation on consideration of member’s deployment in determination of Child’s Best Interest If a motion or a petition is filed seeking a permanent order to modify the custody of the child of a servicemember, no court may consider the absence of the servicemember by reason of deployment, or the possibility of deployment, as the sole factor in determining the best interest of the child. (c) No Federal jurisdiction or right of action or removal Nothing in this section shall create a Federal right of action or otherwise give rise to Federal jurisdiction or create a right of removal. (d) Preemption In any case where State law applicable to a child custody proceeding involving a temporary order as contemplated in this section provides a higher standard of protection to the rights of the parent who is a deploying servicemember than the rights provided under this section with respect to such temporary order, the appropriate court shall apply the higher State standard. (e) Deployment Defined In this section, the term deployment means the movement or mobilization of a servicemember to a location for a period of longer than 60 days and not longer than 540 days pursuant to temporary or permanent official orders— (1) that are designated as unaccompanied; (2) for which dependent travel is not authorized; or (3) that otherwise do not permit the movement of family members to that location. . (b) Clerical amendment The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to title II the following new item: 208. Child custody protection. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1898ih/xml/BILLS-113hr1898ih.xml |
113-hr-1899 | I 113th CONGRESS 1st Session H. R. 1899 IN THE HOUSE OF REPRESENTATIVES May 8, 2013 Mr. Visclosky introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To prohibit business enterprises that lay off a greater percentage of their United States workers than workers in other countries from receiving any Federal assistance, and for other purposes.
1. Short title This Act may be cited as the Fighting for American Jobs Act of 2013 . 2. General reporting requirements for receipt of Federal assistance by business enterprises (a) Initial requirement Each Federal department or agency that provides contracts, grants, loans, or loan guarantees to business enterprises after the date of the enactment of this Act shall require that, as condition of receipt of a contract, grant, loan, or loan guarantee, a business enterprise shall provide to the department or agency on an annual basis for the duration of the contract, grant, loan, or loan guarantee the following information: (1) The number of individuals employed by the business enterprise in the United States. (2) The number of individuals employed by the business enterprise outside the United States. (3) A description of the wages and benefits being provided to the employees of the business enterprise in the United States. (b) Subsequent requirement Beginning 1 year after the date on which a Federal department or agency provides a contract, grant, loan, or loan guarantee to a business enterprise after the date of the enactment of this Act, the department or agency shall require the business enterprise to provide to the department or agency on an annual basis for the duration of the contract, grant, loan, or loan guarantee a written certification that contains the following information: (1) The percentage of the workforce of the business enterprise employed in the United States that has been laid off or induced to resign from the business enterprise during the preceding year. (2) The percentage of the total workforce of the business enterprise that has been laid off or induced to resign from the business enterprise during the preceding year. 3. Prohibition on Federal assistance to business enterprises that lay off a greater percentage of workers in the United States than in other countries Notwithstanding any other provision of law, if, in a written certification provided to a Federal department or agency by a business enterprise under section 2(b), the percentage described in section 2(b)(1) is greater than the percentage described in section 2(b)(2), then the business enterprise shall be ineligible for further assistance from the department or agency, and shall be ineligible for assistance from any other Federal department or agency, unless and until the business enterprise provides to the department or agency involved a new written certification which provides that the percentage of the workforce of the business enterprise employed in the United States is equal to or greater than such percentage for the year preceding the year for which the written certification under section 2(b) was provided. 4. Definitions In this Act: (1) The term United States includes the several States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, and any other territory or possession of the United States. (2) The term business enterprise does not include a small business concern, as defined under the Small Business Act and regulations implementing that Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1899ih/xml/BILLS-113hr1899ih.xml |
113-hr-1900 | I 113th CONGRESS 1st Session H. R. 1900 IN THE HOUSE OF REPRESENTATIVES May 9, 2013 Mr. Pompeo (for himself, Mr. Matheson , Mr. Olson , Mr. Gardner , and Mr. Johnson of Ohio ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To provide for the timely consideration of all licenses, permits, and approvals required under Federal law with respect to the siting, construction, expansion, or operation of any natural gas pipeline projects.
1. Short title This Act may be cited as the Natural Gas Pipeline Permitting Reform Act . 2. Regulatory approval of natural gas pipeline projects Section 7 of the Natural Gas Act (15 U.S.C. 717f) is amended by adding at the end the following new subsections: (i) The Commission shall approve or deny a certificate of public convenience and necessity that is sought under this Act not later than 12 months after providing public notice of the application. (j) (1) The agency responsible for issuing any license, permit, or approval required under Federal law in connection with the siting, construction, expansion, or operation of any natural gas pipeline project for which a certificate of public convenience and necessity is sought under this Act shall approve or deny the issuance of the license, permit, or approval not later than 90 days after the Commission issues its final environmental document relating to the project. (2) An agency may request that the Commission extend the time period under paragraph (1) by 30 days. The Commission shall grant such extension if the agency demonstrates that the extension is necessary because of unforeseen circumstances beyond the control of the agency. (3) If an agency described in paragraph (1) does not approve or deny the issuance of the license, permit, or approval within the time period specified under para-graph (1) or (2), as applicable, such license, permit, or approval shall go into effect. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1900ih/xml/BILLS-113hr1900ih.xml |
113-hr-1901 | I 113th CONGRESS 1st Session H. R. 1901 IN THE HOUSE OF REPRESENTATIVES May 9, 2013 Mr. Smith of Texas (for himself and Mr. Gowdy ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to provide for extensions of detention of certain aliens ordered removed, and for other purposes.
1. Short title This Act may be cited as the Keep Our Communities Safe Act of 2013 . 2. Detention of dangerous aliens (a) In general Section 241(a) of the Immigration and Nationality Act (8 U.S.C. 1231(a)) is amended— (1) by striking out Attorney General each place it appears, except for the first reference in subsection (a)(4)(B)(i), and inserting Secretary of Homeland Security ; (2) in paragraph (1), by amending subparagraph (B) to read as follows: (B) Beginning of period The removal period begins on the latest of the following: (i) The date the order of removal becomes administratively final. (ii) If the alien is not in the custody of the Secretary on the date the order of removal becomes administratively final, the date the alien is taken into such custody. (iii) If the alien is detained or confined (except under an immigration process) on the date the order of removal becomes administratively final, the date the alien is taken into the custody of the Secretary, after the alien is released from such detention or confinement. ; (3) in paragraph (1), by amending subparagraph (C) to read as follows: (C) Suspension of period (i) Extension The removal period shall be extended beyond a period of 90 days and the Secretary may, in the Secretary’s sole discretion, keep the alien in detention during such extended period if— (I) the alien fails or refuses to make all reasonable efforts to comply with the removal order, or to fully cooperate with the Secretary’s efforts to establish the alien’s identity and carry out the removal order, including making timely application in good faith for travel or other documents necessary to the alien's departure or conspires or acts to prevent the alien's removal that is subject to an order of removal; (II) a court, the Board of Immigration Appeals, or an immigration judge orders a stay of removal of an alien who is subject to an administratively final order of removal; (III) the Secretary transfers custody of the alien pursuant to law to another Federal agency or a State or local government agency in connection with the official duties of such agency; or (IV) a court or the Board of Immigration Appeals orders a remand to an immigration judge or the Board of Immigration Appeals, during the time period when the case is pending a decision on remand (with the removal period beginning anew on the date that the alien is ordered removed on remand). (ii) Renewal If the removal period has been extended under clause (C)(i), a new removal period shall be deemed to have begun on the date— (I) the alien makes all reasonable efforts to comply with the removal order, or to fully cooperate with the Secretary’s efforts to establish the alien’s identity and carry out the removal order; (II) the stay of removal is no longer in effect; or (III) the alien is returned to the custody of the Secretary. (iii) Mandatory detention for certain aliens In the case of an alien described in subparagraphs (A) through (D) of section 236(c)(1), the Secretary shall keep that alien in detention during the extended period described in clause (i). (iv) Sole form of relief An alien may seek relief from detention under this subparagraph only by filing an application for a writ of habeas corpus in accordance with chapter 153 of title 28, United States Code. No alien whose period of detention is extended under this subparagraph shall have the right to seek release on bond. ; (4) in paragraph (3)— (A) by adding after If the alien does not leave or is not removed within the removal period the following: or is not detained pursuant to paragraph (6) of this subsection ; and (B) by striking subparagraph (D) and inserting the following: (D) to obey reasonable restrictions on the alien’s conduct or activities that the Secretary prescribes for the alien, in order to prevent the alien from absconding, for the protection of the community, or for other purposes related to the enforcement of the immigration laws. ; (5) in paragraph (4)(A), by striking paragraph (2) and inserting subparagraph (B) ; and (6) by striking paragraph (6) and inserting the following: (6) Additional rules for detention or release of certain aliens (A) Detention review process for cooperative aliens established For an alien who is not otherwise subject to mandatory detention, who has made all reasonable efforts to comply with a removal order and to cooperate fully with the Secretary of Homeland Security's efforts to establish the alien's identity and carry out the removal order, including making timely application in good faith for travel or other documents necessary to the alien's departure, and who has not conspired or acted to prevent removal, the Secretary shall establish an administrative review process to determine whether the alien should be detained or released on conditions. The Secretary shall make a determination whether to release an alien after the removal period in accordance with subparagraph (B). The determination shall include consideration of any evidence submitted by the alien, and may include consideration of any other evidence, including any information or assistance provided by the Secretary of State or other Federal official and any other information available to the Secretary of Homeland Security pertaining to the ability to remove the alien. (B) Authority to detain beyond removal period (i) In general The Secretary of Homeland Security, in the exercise of the Secretary’s sole discretion, may continue to detain an alien for 90 days beyond the removal period (including any extension of the removal period as provided in paragraph (1)(C)). An alien whose detention is extended under this subparagraph shall have no right to seek release on bond. (ii) specific circumstances The Secretary of Homeland Security, in the exercise of the Secretary’s sole discretion, may continue to detain an alien beyond the 90 days authorized in clause (i)— (I) until the alien is removed, if the Secretary, in the Secretary’s sole discretion, determines that there is a significant likelihood that the alien— (aa) will be removed in the reasonably foreseeable future; or (bb) would be removed in the reasonably foreseeable future, or would have been removed, but for the alien's failure or refusal to make all reasonable efforts to comply with the removal order, or to cooperate fully with the Secretary's efforts to establish the alien's identity and carry out the removal order, including making timely application in good faith for travel or other documents necessary to the alien's departure, or conspires or acts to prevent removal; (II) until the alien is removed, if the Secretary of Homeland Security certifies in writing— (aa) in consultation with the Secretary of Health and Human Services, that the alien has a highly contagious disease that poses a threat to public safety; (bb) after receipt of a written recommendation from the Secretary of State, that release of the alien is likely to have serious adverse foreign policy consequences for the United States; (cc) based on information available to the Secretary of Homeland Security (including classified, sensitive, or national security information, and without regard to the grounds upon which the alien was ordered removed), that there is reason to believe that the release of the alien would threaten the national security of the United States; or (dd) that the release of the alien will threaten the safety of the community or any person, conditions of release cannot reasonably be expected to ensure the safety of the community or any person, and either (AA) the alien has been convicted of one or more aggravated felonies (as defined in section 101(a)(43)(A)) or of one or more crimes identified by the Secretary of Homeland Security by regulation, or of one or more attempts or conspiracies to commit any such aggravated felonies or such identified crimes, if the aggregate term of imprisonment for such attempts or conspiracies is at least 5 years; or (BB) the alien has committed one or more crimes of violence (as defined in section 16 of title 18, United States Code, but not including a purely political offense) and, because of a mental condition or personality disorder and behavior associated with that condition or disorder, the alien is likely to engage in acts of violence in the future; or (III) pending a certification under subclause (II), so long as the Secretary of Homeland Security has initiated the administrative review process not later than 30 days after the expiration of the removal period (including any extension of the removal period, as provided in paragraph (1)(C)). (iii) No right to bond hearing An alien whose detention is extended under this subparagraph shall have no right to seek release on bond, including by reason of a certification under clause (ii)(II). (C) Renewal and delegation of certification (i) renewal The Secretary of Homeland Security may renew a certification under subparagraph (B)(ii)(II) every 6 months, after providing an opportunity for the alien to request reconsideration of the certification and to submit documents or other evidence in support of that request. If the Secretary does not renew a certification, the Secretary may not continue to detain the alien under subparagraph (B)(ii)(II). (ii) delegation Notwithstanding section 103, the Secretary of Homeland Security may not delegate the authority to make or renew a certification described in item (bb), (cc), or (dd) of subparagraph (B)(ii)(II) below the level of the Assistant Secretary for Immigration and Customs Enforcement. (iii) hearing The Secretary of Homeland Security may request that the Attorney General or the Attorney General's designee provide for a hearing to make the determination described in item (dd)(BB) of subparagraph (B)(ii)(II). (D) Release on conditions If it is determined that an alien should be released from detention by a Federal court, the Board of Immigration Appeals, or if an immigration judge orders a stay of removal, the Secretary of Homeland Security, in the exercise of the Secretary's discretion, may impose conditions on release as provided in paragraph (3). (E) Redetention The Secretary of Homeland Security, in the exercise of the Secretary's discretion, without any limitations other than those specified in this section, may again detain any alien subject to a final removal order who is released from custody, if removal becomes likely in the reasonably foreseeable future, the alien fails to comply with the conditions of release, or to continue to satisfy the conditions described in subparagraph (A), or if, upon reconsideration, the Secretary, in the Secretary’s sole discretion, determines that the alien can be detained under subparagraph (B). This section shall apply to any alien returned to custody pursuant to this subparagraph, as if the removal period terminated on the day of the redetention. (F) Review of determinations by Secretary A determination by the Secretary under this paragraph shall not be subject to review by any other agency. . (b) Detention of aliens during removal proceedings (1) Clerical amendment (A) Section 236 of the Immigration and Nationality Act ( 8 U.S.C. 1226 ) is amended by striking Attorney General each place it appears (except in the second place that term appears in section 236(a)) and inserting Secretary of Homeland Security . (B) Section 236(a) of the Immigration and Nationality Act ( 8 U.S.C. 1226(a) ) is amended by inserting the Secretary of Homeland Security or before the Attorney General— . (C) Section 236(e) of the Immigration and Nationality Act ( 8 U.S.C. 1226(e) ) is amended by striking Attorney General’s and inserting Secretary of Homeland Security’s . (2) Length of detention Section 236 of the Immigration and Nationality Act ( 8 U.S.C. 1226 ) is amended by adding at the end the following subsection: (f) Length of detention (1) Notwithstanding any other provision of this section, an alien may be detained under this section for any period, without limitation, except as provided in subsection (h), until the alien is subject to a final order of removal. (2) The length of detention under this section shall not affect detention under section 241 of this Act. . (3) detention of criminal aliens Section 236(c)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1226(c)(1) ) is amended, in the matter following subparagraph (D) to read as follows: any time after the alien is released, without regard to whether an alien is released related to any activity, offense, or conviction described in this paragraph; to whether the alien is released on parole, supervised release, or probation; or to whether the alien may be arrested or imprisoned again for the same offense. If the activity described in this paragraph does not result in the alien being taken into custody by any person other than the Secretary, then when the alien is brought to the attention of the Secretary or when the Secretary determines it is practical to take such alien into custody, the Secretary shall take such alien into custody. . (4) Administrative review Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226) is amended by adding at the end the following subsection: (g) Administrative review (1) The Attorney General’s review of the Secretary’s custody determinations under section 236(a) shall be limited to whether the alien may be detained, released on bond (of at least $1,500 with security approved by the Secretary), or released with no bond. (2) The Attorney General’s review of the Secretary’s custody determinations for the following classes of aliens: (A) Aliens in exclusion proceedings. (B) Aliens described in sections 212(a)(3) and 237(a)(4). (C) Aliens described in section 236(c). (D) Aliens in deportation proceedings subject to section 242(a)(2) of the Act (as in effect prior to April 1, 1997, and as amended by section 440(c) of Public Law 104–132); is limited to a determination of whether the alien is properly included in such category. (h) Release on bond (1) In general An alien detained under subsection (a) may seek release on bond. No bond may be granted except to an alien who establishes by clear and convincing evidence that the alien is not a flight risk or a risk to another person or the community. (2) Certain aliens ineligible No alien detained under subsection (c) may seek release on bond. . (5) Clerical amendments (A) Section 236(a)(2)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1226(a)(2)(B) ) is amended by striking out conditional parole and inserting in lieu thereof recognizance . (B) Section 236(b) of the Immigration and Nationality Act ( 8 U.S.C. 1226(b) ) is amended by striking parole and inserting recognizance . (c) Severability If any of the provisions of this Act or any amendment by this Act, or the application of any such provision to any person or circumstance, is held to be invalid for any reason, the remainder of this Act and of amendments made by this Act, and the application of the provisions and of the amendments made by this Act to any other person or circumstance shall not be affected by such holding. (d) Effective dates (1) The amendments made by subsection (a) shall take effect upon the date of enactment of this Act, and section 241 of the Immigration and Nationality Act, as so amended, shall in addition apply to— (A) all aliens subject to a final administrative removal, deportation, or exclusion order that was issued before, on, or after the date of enactment of this Act; and (B) acts and conditions occurring or existing before, on, or after the date of enactment of this Act. (2) The amendments made by subsection (b) shall take effect upon the date of enactment of this Act, and section 236 of the Immigration and Nationality Act, as so amended, shall in addition apply to any alien in detention under provisions of such section on or after the date of enactment of this Act. 3. Sense of the Congress It is the sense of the Congress that— (1) this Act should ensure that Constitutional rights are upheld and protected; and (2) it is the intention of the Congress to uphold the Constitutional principles of due process and that due process of the law is a right afforded to everyone in the United States. | https://www.govinfo.gov/content/pkg/BILLS-113hr1901ih/xml/BILLS-113hr1901ih.xml |
113-hr-1902 | I 113th CONGRESS 1st Session H. R. 1902 IN THE HOUSE OF REPRESENTATIVES May 9, 2013 Mr. Fitzpatrick (for himself and Ms. Moore ) 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 for timely access to post-mastectomy items under Medicare.
1. Short title This Act may be cited as the Breast Cancer Recovery Improvement Act . 2. Timely access to post-mastectomy items (a) In general Section 1834(h)(1) of the Social Security Act (42 U.S.C. 1395m) is amended— (1) by redesignating subparagraph (H) as subparagraph (I); and (2) by inserting after subparagraph (G) the following new subparagraph: (H) Special payment rule for post-mastectomy external breast prosthesis garments Payment for post-mastectomy external breast prosthesis garments shall be made regardless of whether such items are supplied to the beneficiary prior to or after the mastectomy procedure or other breast cancer surgical procedure. The Secretary shall develop policies to ensure appropriate beneficiary access and utilization safeguards for such items supplied to a beneficiary prior to the mastectomy or other breast cancer surgical procedure. . (b) Effective date The amendments made by subsection (a) shall take effect as of the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1902ih/xml/BILLS-113hr1902ih.xml |
113-hr-1903 | I 113th CONGRESS 1st Session H. R. 1903 IN THE HOUSE OF REPRESENTATIVES May 9, 2013 Mr. McKinley (for himself and Mr. Enyart ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To direct that certain coal mine safety grant funds be directed to study the prevention and treatment of Black Lung Disease.
1. Grant funds to study the prevention and treatment of Black Lung Disease (a) In general The Secretary of Labor shall award competitive grants under the Brookwood-Sago Mine Safety Grants established by section 14 of the Mine Improvement and New Emergency Response Act of 2006 to entities eligible to receive grants under such section for research and outreach related to the prevention and treatment of Black Lung Disease. (b) Funding (1) Establishment of fund There is established in the Treasury of the United States a separate account for the deposit of penalties described in paragraph (2) to be known as the Mine Safety Grant Fund. (2) Deposit of civil penalties The Secretary of Labor shall deposit amounts determined by the Secretary that are collected as penalties under section 110 of the Federal Mine Safety and Health Act of 1977 ( 30 U.S.C. 820 ) into the Mine Safety Grant Fund established by paragraph (1). (3) Availability of funds Amounts in the Mine Safety Grant Fund shall be available to the Secretary of Labor, as provided in subsection (c), to award grants under the Brookwood-Sago Mine Safety Grants established by section 14 of the Mine Improvement and New Emergency Response Act of 2006. $10,000,000 of such amounts (or a greater amount as determined by the Secretary based on the availability of funds) shall be used by the Secretary to award grants for the purposes described in subsection (a). (c) Authorization of Appropriations In addition to funds appropriated under section 114 of the Federal Mine Safety and Health Act of 1977 ( 30 U.S.C. 824 ), there is authorized to be appropriated from the Mine Safety Grant Fund to the Secretary of Labor an amount equal to the total amount deposited into the fund pursuant to subsection (b)(2) during the previous fiscal year. Such amounts are authorized to remain available until expended. | https://www.govinfo.gov/content/pkg/BILLS-113hr1903ih/xml/BILLS-113hr1903ih.xml |
113-hr-1904 | I 113th CONGRESS 1st Session H. R. 1904 IN THE HOUSE OF REPRESENTATIVES May 9, 2013 Mr. Thornberry (for himself, Mr. Conaway , Mr. Kline , Mrs. Hartzler , Mr. Franks of Arizona , Mr. Turner , Mr. McKeon , Mr. Miller of Florida , Mr. Rigell , Mr. Rogers of Alabama , Mr. Wenstrup , Mr. Wilson of South Carolina , Mr. Heck of Nevada , Mr. Nugent , Mr. Bridenstine , Mr. Lamborn , Mr. Wittman , Mr. Smith of Washington , Mr. Bishop of Utah , Mr. Langevin , Mr. Shuster , Mr. Coffman , Mr. Forbes , Ms. Hanabusa , Mr. LoBiondo , Mr. Hunter , Mr. Austin Scott of Georgia , Mrs. Roby , Mrs. Noem , and Mr. Gibson ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to require the Secretary of Defense to notify the congressional defense committees of certain sensitive military operations, and for other purposes.
1. Short title This Act may be cited as the Oversight of Sensitive Military Operations Act . 2. Congressional notification of sensitive military operations (a) Notification required (1) In general Chapter 3 of title 10, United States Code, is amended by adding at the end the following new section: 130f. Congressional notification of sensitive military operations (a) In general The Secretary of Defense shall promptly submit to the congressional defense committees notice in writing of any sensitive military operation following such operation. (b) Procedures (1) The Secretary of Defense shall establish and submit to the congressional defense committees procedures for complying with the requirements of subsection (a) consistent with the national security of the United States and the protection of operational integrity. (2) The congressional defense committees shall ensure that committee procedures designed to protect from unauthorized disclosure classified information relating to national security of the United States are sufficient to protect the information that is submitted to the committees pursuant to this section. (c) Sensitive military operation defined The term sensitive military operation means a lethal operation or capture operation conducted by the armed forces outside the United States pursuant to— (1) the Authorization for Use of Military Force ( Public Law 107–40 ; 50 U.S.C. 1541 note); or (2) any other authority except— (A) a declaration of war; or (B) a specific authorization for the use of force other than the authorization referred to in paragraph (1). (d) Exception The notification requirement under subsection (a) shall not apply with respect to a sensitive military operation executed within the territory of Afghanistan pursuant to the Authorization for Use of Military Force ( Public Law 107–40 ; 50 U.S.C. 1541 note). (e) Rule of construction Nothing in this section shall be construed to provide any new authority or to alter or otherwise affect the War Powers Resolution ( 50 U.S.C. 1541 et seq. ) or the Authorization for Use of Military Force ( Public Law 107–40 ; 50 U.S.C. 1541 note). . (2) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 130e the following new item: 130f. Congressional notification regarding sensitive military operations. . (b) Effective date Section 130f of title 10, United States Code, as added by subsection (a), shall apply with respect to any sensitive military operation (as defined in subsection (c) of such section) executed on or after the date of the enactment of this Act. (c) Deadline for submittal of procedures The Secretary of Defense shall submit to the congressional defense committees the procedures required under section 130f(b) of title 10, United States Code, as added by subsection (a), by not later than 60 days after the date of the enactment of this Act. 3. Report on process for determining targets of lethal operations (a) Report required Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report containing an explanation of the legal and policy considerations and approval processes used in determining whether an individual or group of individuals could be the target of a lethal operation or capture operation conducted by the Armed Forces of the United States outside the United States. (b) Congressional defense committees defined In this section, the term congressional defense committees means— (1) the Committee on Armed Services and the Committee on Appropriations of the Senate; and (2) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives. 4. Counterterrorism operational briefings (a) Briefings required Chapter 23 of title 10, United States Code, is amended by adding at the end the following new section: 492. Quarterly briefings: counterterrorism operations (a) Briefings Required The Secretary of Defense shall provide to the congressional defense committees quarterly briefings outlining Department of Defense counterterrorism operations and related activities involving special operations forces. (b) Elements Each briefing under subsection (a) shall include each of the following: (1) A global update on activity within each geographic combatant command. (2) An overview of authorities and legal issues including limitations. (3) An outline of interagency activities and initiatives. (4) Any other matters the Secretary considers appropriate. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 492. Quarterly briefings: counterterrorism operations. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1904ih/xml/BILLS-113hr1904ih.xml |
113-hr-1905 | I 113th CONGRESS 1st Session H. R. 1905 IN THE HOUSE OF REPRESENTATIVES May 9, 2013 Mr. McKinley (for himself, Mr. Rahall , Mrs. Capito , Mr. Gene Green of Texas , and Mr. Kelly of Pennsylvania ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To require the Secretary of the Treasury to mint coins in commemoration of the centennial of the establishment of Mother’s Day.
1. Short title This Act may be cited as the Mother's Day Centennial Commemorative Coin Act . 2. Findings The Congress hereby finds as follows: (1) Anna Jarvis, who is considered to be the founder of the modern Mother’s Day, was born in Webster, West Virginia, on May 1, 1864. (2) A resident of Grafton, West Virginia, Anna Jarvis dedicated much of her adult life to honoring her mother, Anna Maria Reeves Jarvis, who passed on May 9, 1905. (3) In 1908, the Andrews Methodist Episcopal Church of Grafton, West Virginia, officially proclaimed the third anniversary of Anna Maria Reeves Jarvis’s death to be Mother’s Day. (4) In 1910, West Virginia Governor, William Glasscock, issued the first Mother’s Day Proclamation encouraging all West Virginians to attend church and wear white carnations. (5) On May 8, 1914, the Sixty-Third Congress approved H.J. Res. 263, designating the second Sunday in May to be observed as Mother’s Day, and encouraging all Americans to display the American flag at their homes as a public expression of the love and reverence for the mothers of our Nation. (6) On May 9, 1914, President Woodrow Wilson issued a Presidential Proclamation directing government officials to display the American flag on all government buildings and inviting the American people to display the flag at their homes on the second Sunday of May as a public expression of the love and reverence for the mothers of our Nation. 3. Coin specifications (a) Denominations The Secretary of the Treasury (hereinafter in this Act referred to as the Secretary ) shall mint and issue not more than 400,000 $1 coins, each of which shall— (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal tender The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic items For purposes of section 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. 4. Design of coins (a) Design requirements The design of the coins minted under this Act shall be emblematic of the 100th anniversary of President Wilson’s proclamation designating the second Sunday in May as Mother’s Day. (b) Designation and inscriptions On each coin minted under this Act, there shall be— (1) a designation of the value of the coin; (2) an inscription of the year 2014 ; and (3) inscriptions of the words Liberty , In God We Trust , United States of America , and E Pluribus Unum . (c) Selection The design for the coins minted under this Act shall be— (1) selected by the Secretary after consultation with the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee established under section 5135 of title 31, United States Code. 5. Issuance of coins (a) Quality of coins Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Commencement of issuance The Secretary may issue coins minted under this Act beginning on January 1, 2014, except that the Secretary may initiate sales of such coins before such date. (c) Termination of minting authority No coins shall be minted under this Act after December 31, 2014. 6. Sale of coins (a) Sale price Notwithstanding any other provision of law, the coins minted under this Act shall be sold by the Secretary at a price equal to the sum of the face value of the coins, the surcharge required under section 7(a) for the coins, and the cost of designing and issuing such coins (including labor, materials, dies, use of machinery, overhead expenses, and marketing). (b) Bulk sales The Secretary shall make bulk sales of the coins minted under this Act at a reasonable discount. (c) Prepaid orders at a discount (1) In general The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. 7. Surcharges (a) Surcharge required All sales of coins minted under this Act shall include a surcharge of $10 per coin. (b) Distribution Subject to section 5134(f) of title 31, United States Code, all surcharges which are received by the Secretary from the sale of coins minted under this Act shall be promptly paid by the Secretary as follows: (1) One-half to the St. Jude Children’s Research Hospital, for the purpose of furthering research funded by Hospital. (2) One-half to the National Osteoporosis Foundation, for the purpose of furthering research funded by the Foundation. (c) Audits The St. Jude Children’s Research Hospital and the National Osteoporosis Foundation shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received by the respective organizations under subsection (b). | https://www.govinfo.gov/content/pkg/BILLS-113hr1905ih/xml/BILLS-113hr1905ih.xml |
113-hr-1906 | I 113th CONGRESS 1st Session H. R. 1906 IN THE HOUSE OF REPRESENTATIVES May 9, 2013 Mr. McGovern (for himself, Mr. Capuano , Mr. Nadler , and Mr. Wolf ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend titles 23 and 49, United States Code, to modify provisions relating to the length and weight limitations for vehicles operating on Federal-aid highways, and for other purposes.
1. Short title This Act may be cited as the Safe Highways and Infrastructure Preservation Act of 2013 . 2. Operation of restricted property-carrying units on National Highway System (a) Definition of restricted property-Carrying unit Section 31111(a) of title 49, United States Code, is amended— (1) by redesignating paragraph (3) as paragraph (5); (2) by redesignating paragraph (2) as paragraph (3); (3) by redesignating paragraph (4) as paragraph (2); and (4) by inserting after paragraph (3) the following: (4) Restricted property-carrying unit The term restricted property-carrying unit means any trailer, semitrailer, container, or other property-carrying unit that is longer than 53 feet. . (b) Prohibition on operation of restricted property-Carrying units (1) In general Section 31111(b)(1)(C) of title 49, United States Code, is amended to read as follows: (C) allows operation on any segment of the National Highway System, including the Interstate System, of a restricted property-carrying unit unless the operation is specified on the list published under subsection (h)(2); . (2) Effective date The amendment made by paragraph (1) shall take effect on the date that is 90 days after the date of the enactment of this Act. (c) Limitations Section 31111 of title 49, United States Code, is amended by adding at the end the following: (h) Restricted property-Carrying units (1) Applicability of prohibition (A) In general Notwithstanding subsection (b)(1)(C), a restricted property-carrying unit may continue to operate on a segment of the National Highway System if the operation of the unit is specified on the list published under paragraph (2). (B) Applicability of State laws and regulations All operations specified on the list published under paragraph (2) shall continue to be subject to all State laws, limitations, and conditions, including routing-specific, commodity-specific, and configuration-specific designations and all other restrictions, in effect as of June 1, 2008. (C) Firefighting units Subsection (b)(1)(C) shall not apply to the operation of a restricted property-carrying unit that is used exclusively for firefighting. (2) Listing of restricted property-carrying units (A) In general Not later than 30 days after the date of the enactment of the Safe Highways and Infrastructure Preservation Act of 2013 , the Secretary shall initiate a proceeding to determine and publish a list of restricted property-carrying units that were— (i) authorized by State officials pursuant to State law as of June 1, 2008; and (ii) in actual and lawful operation on a regular or periodic basis (including seasonal operations) on or before June 1, 2008. (B) Limitation A restricted property-carrying unit may not be included on the list published under subparagraph (A) on the basis that a State law could have authorized the operation of the unit as of a prior date, by permit or otherwise. (C) Publication of final list Not later than 90 days after the date of the enactment of the Safe Highways and Infrastructure Preservation Act of 2013 , the Secretary shall publish a final list of restricted property-carrying units described in subparagraph (A). (D) Updates The Secretary shall update the list published under subparagraph (C) as necessary to reflect new designations made to the National Highway System. (3) Applicability of prohibition The prohibition established under subsection (b)(1)(C) shall— (A) apply to any new designation made to the National Highway System; and (B) remain in effect on those portions of the National Highway System that cease to be designated as part of the National Highway System. (4) Limitation on statutory construction Nothing in this subsection may be construed to prevent a State from further restricting in any manner or prohibiting the operation of a restricted property-carrying unit, except that any such restriction or prohibition shall be consistent with the provisions of this subchapter. . (d) Enforcement The second sentence of section 141(a) of title 23, United States Code, is amended by striking section 31112 and inserting sections 31111 and 31112 . 3. Operation of longer combination vehicles on National Highway System (a) In general Section 31112 of title 49, United States Code, is amended— (1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (2) by inserting after subsection (e) the following: (f) National Highway System (1) In general A State may not allow, on a segment of the National Highway System that is not covered under subsection (b) or (c), the operation of a commercial motor vehicle combination (except a vehicle or load that cannot be dismantled easily or divided easily and that has been issued a special permit under applicable State law) with more than 1 property-carrying unit (excluding the truck tractor) if the property-carrying units are more than— (A) the maximum combination trailer, semitrailer, or other type of length limitation allowed by applicable State law as of June 1, 2008; or (B) the length of the property-carrying units of those commercial motor vehicle combinations, by specific configuration, in actual and lawful operation on a regular or periodic basis (including continuing seasonal operation) in that State on or before June 1, 2008. (2) Additional limitations (A) Applicability of State restrictions (i) In general Subject to clause (ii), a commercial motor vehicle combination that is not prohibited from operating in a State under paragraph (1) may continue to operate in that State on highways described in paragraph (1) if such operation complies with all applicable State laws, limitations, and conditions, including routing-specific and configuration-specific designations, and all other restrictions in effect in that State as of June 1, 2008. (ii) Minor adjustments Subject to regulations promulgated by the Secretary under subsection (h), a State may make minor temporary and emergency adjustments to route designations and vehicle operating restrictions in effect as of June 1, 2008, for specific safety purposes and road construction. (B) Additional state restrictions Nothing in this subsection may be construed to prevent a State from further restricting or prohibiting the operation of a commercial motor vehicle combination subject to this section, except that such a restriction or prohibition shall be consistent with this section and sections 31113(a), 31113(b), and 31114. (C) Minor adjustments (i) In general Not later than 30 days after the date on which a State makes a minor adjustment of a temporary and emergency nature in accordance with subparagraph (A)(ii) or further restricting or prohibiting the operation of a commercial motor vehicle combination in accordance with subparagraph (B), the State shall advise the Secretary of the action. (ii) Publication The Secretary shall publish a notice of an action taken by a State under clause (i) in the Federal Register. (3) List of state length limitations (A) State submissions (i) In general Not later than 30 days after the date of the enactment of the Safe Highways and Infrastructure Preservation Act of 2013 , each State shall submit to the Secretary a complete list of State length limitations applicable to commercial motor vehicle combinations operating in the State on the highways described in paragraph (1), including the applicable State laws associated with the length limitations. (ii) Failure to submit If a State fails to submit the information required under clause (i), the Secretary shall compile and file the information on behalf of the State. (B) Publication of interim list The Secretary shall— (i) publish an interim list in the Federal Register consisting of all information submitted under subparagraph (A) not later than 60 days after the date of the enactment of the Safe Highways and Infrastructure Preservation Act of 2013 ; (ii) review for accuracy all information submitted by a State under subparagraph (A); and (iii) solicit and consider public comment on the accuracy of the information. (C) Limitation A law may not be included on the list submitted by a State or published by the Secretary merely because the law authorized, or could have authorized, by permit or otherwise, the operation of commercial motor vehicle combinations not in actual operation on a regular or periodic basis on or before June 1, 2008. (D) Publication of final list (i) In general Not later than 90 days after the date of the enactment of the Safe Highways and Infrastructure Preservation Act of 2013 , the Secretary shall publish a final version of the list described in subparagraph (B) in the Federal Register, as revised under this subparagraph or subparagraph (E). (ii) Revisions In publishing the final list, the Secretary shall make any revisions necessary to correct inaccuracies identified under subparagraph (B). (iii) Prohibition on operation After the final list is published under this subparagraph, commercial motor vehicle combinations prohibited under paragraph (1) may not operate on a highway described in paragraph (1) unless included on the list. (E) Inaccuracies (i) In general On the motion of the Secretary or on request by any person (including a State), the Secretary shall review the list published under subparagraph (D). (ii) Determination If the Secretary determines that there is reason to believe a mistake was made in the accuracy of the list— (I) the Secretary shall begin a proceeding to determine whether a mistake was made; and (II) if the Secretary makes an affirmative determination under subclause (I), the Secretary shall publish the appropriate correction. . (b) Conforming amendments Section 31112 of title 49, United States Code, is amended— (1) in subsection (d)(1), by striking subsection (g)(2) of this section and inserting subsection (h)(2) ; (2) in subsection (g), as redesignated by subsection (a)(1)— (A) in paragraph (1), by inserting or 127A(e) after 127(d) ; and (B) in paragraph (3), by inserting (or June 1, 2008, with respect to highways described in subsection (f)(1)) after June 2, 1991 ; and (3) in paragraph (h)(2), as redesignated by subsection (a)— (A) by striking Not later than June 15, 1992, the Secretary and inserting The Secretary ; and (B) by striking of this section and inserting or (f) . 4. Termination of determinations of grandfathered rights (a) In general Section 127 of title 23, United States Code, is amended by adding at the end the following: (i) Grandfathered rights (1) Definition of Interstate weight limit In this subsection and in section 127A, the term Interstate weight limit means the 80,000-pound gross vehicle weight limitation, the 20,000-pound single axle weight limitation (including enforcement tolerances), the 34,000-pound tandem axle weight limitation (including enforcement tolerances), and the overall maximum gross weight (including enforcement tolerances) limitation on a group of 2 or more consecutive axles produced by application of the formula under subsection (a)(2). (2) Limitation Beginning 90 days after the date of the enactment of the Safe Highways and Infrastructure Preservation Act of 2013 , a State may not allow, on a segment of the Interstate System, the operation of a vehicle or combination (other than a longer combination vehicle) exceeding an Interstate weight limit unless the operation is specified on the list published under paragraph (3). (3) List of vehicles and combinations (A) Proceeding Not later than 30 days after the date of the enactment of this subsection, the Secretary shall initiate a proceeding to determine and publish a list of vehicles and combinations (other than longer combination vehicles) otherwise exceeding an Interstate weight limit that the Department of Transportation, any other Federal agency, or a State has determined, on or before June 1, 2008, could have been or could be lawfully operated within the State— (i) on July 1, 1956; (ii) in the case of the overall gross weight of any group of 2 or more consecutive axles, on January 4, 1975; or (iii) under a special rule applicable to a State under subsection (a). (B) Limitations (i) Actual and lawful operations required An operation of a vehicle or combination may be included on the list published under subparagraph (A) only if the vehicle or combination was in actual and lawful operation in the State on a regular or periodic basis on or before June 1, 2008. (ii) State authority not sufficient An operation of a vehicle or combination may not be included on the list published under subparagraph (A) on the basis that a State law could have authorized the operation of the vehicle or combination as of a prior date by permit or otherwise. (C) Publication of final list Not later than 90 days after the date of the enactment of this subsection, the Secretary shall publish a final list of vehicles and combinations described in subparagraph (A). (4) Limitation on effect of subsection (A) In general Except as provided in subparagraph (B), nothing in this subsection may be construed to prevent a State from reducing the gross vehicle weight limitation, the single and tandem axle weight limitations, or the overall maximum gross weight on a group of 2 or more consecutive axles applicable to portions of the Interstate System in the State for operations on the list published under paragraph (3)(C). (B) Limitation A reduction described in subparagraph (A) may not result in a limitation that is less than an Interstate weight limit. (5) Applicability of existing requirements All vehicles and combinations included on the list published under paragraph (3) shall be subject to all routing-specific, commodity-specific, and weight-specific designations in effect in a State as of June 1, 2008. . (b) Conforming amendment Section 127(a)(4) of title 23, United States Code, is amended by striking the State determines . 5. Nondivisible load proceeding Section 127 of title 23, United States Code, as amended by section 4, is further amended by adding at the end the following: (j) Nondivisible loads (1) Statement of policy The purpose of this subsection is to promote conformity with Interstate weight limits to preserve publicly funded infrastructure and protect motorists by limiting maximum vehicle weight on key portions of the Federal-aid highway system. (2) Proceeding Not later than 30 days after the date of the enactment of the Safe Highways and Infrastructure Preservation Act of 2013 , the Secretary shall initiate a proceeding to define the term vehicles and loads that cannot be easily dismantled or divided as used in subsection (a) and section 31112 of title 49. (3) List of commodities (A) In general The definition developed under subparagraph (A) shall include a list of commodities (or classes or types of commodities) that do not qualify as nondivisible loads. (B) Limitation The list of commodities developed under paragraph (2) shall not be interpreted to be a comprehensive list of commodities that do not qualify as nondivisible loads. (4) Regulations The Secretary shall— (A) promulgate final regulations setting forth the determination of the Secretary made under paragraph (2) not later than 90 days after the date of enactment of the Safe Highways and Infrastructure Preservation Act of 2013 ; and (B) update such regulations, as necessary. (5) Applicability Regulations promulgated under paragraph (4) shall apply to all vehicles and loads operating on the National Highway System. (6) State requirements A State may establish any requirement that is not inconsistent with regulations promulgated under paragraph (4). . 6. Waivers of weight limitations during periods of national emergency Section 127 of title 23, United States Code, as amended by sections 4 and 5, is further amended by adding at the end the following: (k) Waivers during periods of national emergency (1) In general Notwithstanding any other provision of this section or section 127A, the Secretary, in consultation with the Secretary of Defense, may waive or limit the application of any vehicle weight limit established under this section or section 127A with respect to a highway route during a period of national emergency in order to respond to the effects of the national emergency. (2) Applicability Emergency limits established under paragraph (1) shall preempt any inconsistent State vehicle weight limits. . 7. Vehicle weight limitations—National Highway System (a) In general Chapter 1 of title 23, United States Code, is amended— (1) in section 127(d)(4), by inserting and in section 127A after this section ; and (2) by inserting after section 127 the following: 127A. Vehicle weight limitations—National Highway System (a) Non-Interstate highways on National Highway System (1) In general Beginning 90 days after the date of the enactment of the Safe Highways and Infrastructure Preservation Act of 2013 , any Interstate weight limit that applies to vehicles and combinations (other than longer combination vehicles) operating on the Interstate System in a State under section 127 shall apply to vehicles and combinations (other than longer combination vehicles) operating on non-Interstate segments of the National Highway System in the State unless the segments are subject to lower State weight limits as provided for under subsection (d). (2) Existing highways (A) In general Notwithstanding paragraph (1), in the case of a non-Interstate segment of the National Highway System that is open to traffic on June 1, 2008, a State may allow the operation of any vehicle or combination (other than a longer combination vehicle) on the segment that the Secretary determines under subsection (b) could have been lawfully operated on the segment on June 1, 2008. (B) Applicability of state laws All operations described in subparagraph (A) shall continue to be subject to all State laws, limitations, and conditions, including routing-specific, commodity-specific, and configuration-specific designations and all other restrictions, in effect as of June 1, 2008. (3) New highways Subject to subsection (d)(1), the gross vehicle weight limitations and axle loading limitations applicable to all vehicles and combinations (other than longer combination vehicles) on a non-Interstate segment of the National Highway System that was not open to traffic on June 1, 2008, shall be the Interstate weight limit. (b) Listing of vehicles and combinations (1) In general The Secretary shall initiate a proceeding to determine and publish a list of vehicles and combinations (other than longer combination vehicles), otherwise exceeding an Interstate weight limit, that could be lawfully operated on a non-Interstate segment of the National Highway System on June 1, 2008. (2) Requirements In publishing a list of vehicles and combinations under paragraph (1), the Secretary shall identify— (A) the gross vehicle weight limitations and axle loading limitations in each State applicable, as of June 1, 2008, to vehicles and combinations (other than longer combination vehicles) on non-Interstate segments of the National Highway System; and (B) operations of vehicles and combinations (other than longer combination vehicles), exceeding State gross vehicle weight limitations and axle loading limitations identified under subparagraph (A), that were in actual and lawful operation on a regular or periodic basis (including seasonal operations) as of June 1, 2008. (3) Limitation An operation of a vehicle or combination may not be included on the list published under paragraph (1) on the basis that a State law (including a regulation) could have authorized the operation on a prior date by permit or otherwise. (4) Publication of final list Not later than 90 days after the date of the enactment of the Safe Highways and Infrastructure Preservation Act of 2013 , the Secretary shall publish a final list of vehicles and combinations described in paragraph (1). (5) Updates The Secretary shall update the list published under paragraph (4) as necessary to reflect new designations made to the National Highway System. (c) Applicability of limitations The limitations established under subsection (a) shall— (1) apply to any new designation made to the National Highway System; and (2) remain in effect on those non-Interstate highways that cease to be designated as part of the National Highway System. (d) Limitations on statutory construction (1) State enforcement of more restrictive weight limits Nothing in this section may be construed to prevent a State from maintaining or imposing a weight limitation that is more restrictive than the Interstate weight limit on vehicles or combinations (other than longer combination vehicles) operating on a non-Interstate segment of the National Highway System. (2) State actions to reduce weight limits Nothing in this section may be construed to prevent a State from reducing the gross vehicle weight limitation, single or tandem axle weight limitations, or the overall maximum gross weight on two or more consecutive axles of the State on any non-Interstate segment of the National Highway System. (e) Longer combination vehicles (1) Prohibition (A) In general Beginning 90 days after the date of the enactment of the Safe Highways and Infrastructure Preservation Act of 2013 , a longer combination vehicle may continue to operate on a non-Interstate segment of the National Highway System only if the operation of the longer combination vehicle configuration type was— (i) authorized by State officials pursuant to State law (including a regulation) as of June 1, 2008; and (ii) in actual and lawful operation on a regular or periodic basis (including seasonal operations) on or before June 1, 2008. (B) Applicability of state laws All operations described in subparagraph (A) shall continue to be subject to all State laws, limitations, and conditions, including routing-specific, commodity-specific, and configuration-specific designations and all other restrictions, in effect as of June 1, 2008. (2) Listing of vehicles and combinations (A) In general Not later than 30 days after the date of enactment of the Safe Highways and Infrastructure Preservation Act of 2013 , the Secretary shall initiate a proceeding to determine and publish a list of longer combination vehicles that could be lawfully operated on non-Interstate segments of the National Highway System as of June 1, 2008. (B) Limitation A longer combination vehicle may not be included on the list published under subparagraph (A) on the basis that a State law (including a regulation) could have authorized the operation of the vehicle on a prior date by permit or otherwise. (C) Publication of final list Not later than 90 days after the date of enactment of the Safe Highways and Infrastructure Preservation Act of 2013 , the Secretary shall publish a final list of longer combination vehicles described in subparagraph (A). (D) Updates The Secretary shall update the list published under subparagraph (C) as necessary to reflect new designations made to the National Highway System. (3) Limitation on statutory construction Nothing in this subsection may be construed to prevent a State from further restricting in any manner or prohibiting the operation of a longer combination vehicle, except that any such restriction or prohibition shall be consistent with section 127 of this title and sections 31112 through 31114 of title 49. (f) Model schedule of fines (1) In general The Secretary, in consultation with the States, shall establish a model schedule of fines to be assessed for violations of this section. (2) Purposes The purposes of the schedule of fines shall be— (A) to ensure that fines are sufficient to deter violations of this section; and (B) to permit States to recover costs associated with damage caused to the National Highway System by the operation of vehicles. (3) Adoption by states The Secretary shall encourage States to adopt the schedule of fines. . (b) Enforcement of requirements Section 141(a) of title 23, United States Code, is amended by striking the Federal-aid primary system, the Federal-aid urban system, and the Federal-aid secondary system, including the Interstate System in accordance with section 127 of this title and inserting the National Highway System, including the Interstate System, in accordance with sections 127 and 127A . (c) Conforming amendment The chapter analysis for title 23, United States Code, is amended by inserting after the item relating to section 127 the following: 127A. Vehicle weight limitations—National Highway System. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1906ih/xml/BILLS-113hr1906ih.xml |
113-hr-1907 | I 113th CONGRESS 1st Session H. R. 1907 IN THE HOUSE OF REPRESENTATIVES May 9, 2013 Ms. Schakowsky (for herself, Ms. Lofgren , Ms. Norton , Ms. Schwartz , Ms. Moore , Mr. Sherman , Ms. Lee of California , Mr. Ellison , Ms. Chu , and Mr. Lynch ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Public Health Service Act to establish direct care registered nurse-to-patient staffing ratio requirements in hospitals, and for other purposes.
1. Short title; table of contents; findings (a) Short title This Act may be cited as the Nurse Staffing Standards for Patient Safety and Quality Care Act of 2013 . (b) Table of contents The table of content for this Act is as follows: Sec. 1. Short title; table of contents; findings. Sec. 2. Minimum direct care registered nurse staffing requirement. Sec. 3. Enforcement of requirements through Federal programs. Sec. 4. Nurse Workforce Initiative. (c) Findings Congress finds the following: (1) The Federal Government has a substantial interest in promoting quality care and improving the delivery of health care services to patients in health care facilities in the United States. (2) Recent changes in health care delivery systems that have resulted in higher acuity levels among patients in health care facilities increase the need for improved quality measures in order to protect patient care and reduce the incidence of medical errors. (3) Inadequate and poorly monitored registered nurse staffing practices that result in too few registered nurses providing direct care jeopardize the delivery of quality health care services. (4) Numerous studies have shown that patient outcomes are directly correlated to direct care registered nurse staffing levels, including a 2002 Joint Commission on Accreditation of Healthcare Organizations report that concluded that the lack of direct care registered nurses contributed to nearly a quarter of the unanticipated problems that result in injury or death to hospital patients. (5) Requirements for direct care registered nurse staffing ratios will help address the registered nurse shortage in the United States by aiding in recruitment of new registered nurses and improving retention of registered nurses who are considering leaving direct patient care because of demands created by inadequate staffing. (6) Establishing adequate minimum direct care registered nurse-to-patient ratios that take into account patient acuity measures will improve the delivery of quality health care services and guarantee patient safety. (7) Establishing safe staffing standards for direct care registered nurses is a critical component of assuring that there is adequate hospital staffing at all levels to improve the delivery of quality care and protect patient safety. 2. Minimum direct care registered nurse staffing requirement (a) Minimum Direct Care Registered Nurse Staffing Requirements The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by adding at the end the following new title: XXXIV MINIMUM DIRECT CARE REGISTERED NURSE STAFFING REQUIREMENT 3401. Minimum nurse staffing requirement (a) Staffing plan (1) In general A hospital shall implement a staffing plan that— (A) provides adequate, appropriate, and quality delivery of health care services and protects patient safety; and (B) is consistent with the requirements of this title. (2) Effective dates (A) Implementation of staffing plan Subject to subparagraph (B), the requirements under paragraph (1) shall take effect not later than 1 year after the date of the enactment of this title. (B) Application of minimum direct care registered nurse-to-patient ratios The requirements under subsection (b) shall take effect as soon as practicable, as determined by the Secretary, but not later than 2 years after the date of the enactment of this title, or in the case of a hospital in a rural area (as defined in section 1886(d)(2)(D) of the Social Security Act), not later than 4 years after the date of the enactment of this title. (b) Minimum direct care registered nurse-to-Patient ratios (1) In general Except as provided in paragraph (4) and other provisions of this section, a hospital’s staffing plan shall provide that, at all times during each shift within a unit of the hospital, a direct care registered nurse may be assigned to not more than the following number of patients in that unit: (A) One patient in trauma emergency units. (B) One patient in operating room units, provided that a minimum of 1 additional person serves as a scrub assistant in such unit. (C) Two patients in critical care units, including neonatal intensive care units, emergency critical care and intensive care units, labor and delivery units, coronary care units, acute respiratory care units, postanesthesia units, and burn units. (D) Three patients in emergency room units, pediatrics units, stepdown units, telemetry units, antepartum units, and combined labor, deliver, and postpartum units. (E) Four patients in medical-surgical units, intermediate care nursery units, acute care psychiatric units, and other specialty care units. (F) Five patients in rehabilitation units and skilled nursing units. (G) Six patients in postpartum (3 couplets) units and well-baby nursery units. (2) Similar units with different names The Secretary may apply minimum direct care registered nurse-to-patient ratios established in paragraph (1) for a hospital unit referred to in such paragraph to a type of hospital unit not referred to in such paragraph if such type of hospital unit provides a level of care to patients whose needs are similar to the needs of patients cared for in the hospital unit referred to in such paragraph. (3) Restrictions (A) Prohibition against averaging A hospital shall not average the number of patients and the total number of direct care registered nurses assigned to patients in a hospital unit during any 1 shift or over any period of time for purposes of meeting the requirements under this subsection. (B) Prohibition against imposition of mandatory overtime requirements A hospital shall not impose mandatory overtime requirements to meet the hospital unit direct care registered nurse-to-patient ratios required under this subsection. (C) Relief during routine absences A hospital shall ensure that only a direct care registered nurse may relieve another direct care registered nurse during breaks, meals, and other routine, expected absences from a hospital unit. (4) Adjustment of ratios (A) In general If necessary to protect patient safety, the Secretary may prescribe regulations that— (i) increase minimum direct care registered nurse-to-patient ratios under this subsection to further limit the number of patients that may be assigned to each direct care nurse; or (ii) add minimum direct care registered nurse-to-patient ratios for units not referred to in paragraphs (1) and (2). (B) Consultation Such regulations shall be prescribed after consultation with affected hospitals and registered nurses. (5) Relationship to state-imposed ratios Nothing in this title shall preempt State standards that the Secretary determines to be at least equivalent to Federal requirements for a staffing plan established under this title. Minimum direct care registered nurse-to-patient ratios established under this subsection shall not preempt State requirements that the Secretary determines are at least equivalent to Federal requirements for a staffing plan established under this title. (6) Exemption in emergencies The requirements established under this subsection shall not apply during a state of emergency if a hospital is requested or expected to provide an exceptional level of emergency or other medical services. The Secretary shall issue guidance to hospitals that describes situations that constitute a state of emergency for purposes of the exemption under this paragraph. (c) Development and reevaluation of staffing plan (1) Considerations in development of plan In developing the staffing plan, a hospital shall provide for direct care registered nurse-to-patient ratios above the minimum direct care registered nurse-to-patient ratios required under subsection (b) if appropriate based upon consideration of the following factors: (A) The number of patients and acuity level of patients as determined by the application of an acuity system (as defined in section 3406(1)), on a shift-by-shift basis. (B) The anticipated admissions, discharges, and transfers of patients during each shift that impacts direct patient care. (C) Specialized experience required of direct care registered nurses on a particular unit. (D) Staffing levels and services provided by licensed vocational or practical nurses, licensed psychiatric technicians, certified nurse assistants, or other ancillary staff in meeting direct patient care needs not required by a direct care registered nurse. (E) The level of technology available that affects the delivery of direct patient care. (F) The level of familiarity with hospital practices, policies, and procedures by temporary agency direct care registered nurses used during a shift. (G) Obstacles to efficiency in the delivery of patient care presented by physical layout. (2) Documentation of staffing A hospital shall specify the system used to document actual staffing in each unit for each shift. (3) Annual reevaluation of plan and acuity system (A) In general A hospital shall annually evaluate— (i) its staffing plan in each unit in relation to actual patient care requirements; and (ii) the accuracy of its acuity system. (B) Update A hospital shall update its staffing plan and acuity system to the extent appropriate based on such evaluation. (4) Transparency (A) In General Any acuity-based patient classification system adopted by a hospital under this section shall be transparent in all respects, including disclosure of detailed documentation of the methodology used to predict nursing staffing, identifying each factor, assumption, and value used in applying such methodology. (B) Public availability The Secretary shall establish procedures to provide that the documentation submitted under subsection (e) is available for public inspection in its entirety. (5) Registered nurse participation A staffing plan of a hospital shall be developed and subsequent reevaluations shall be conducted under this subsection on the basis of input from direct care registered nurses at the hospital or, where such nurses are represented through collective bargaining, from the applicable recognized or certified collective bargaining representative of such nurses. Nothing in this title shall be construed to permit conduct prohibited under the National Labor Relations Act or under the Federal Labor Relations Act. (d) Acuity tool (1) In general Not later than 2 years after the date of enactment of this title, the Secretary shall develop a process to establish a national acuity tool that provides a transparent method for establishing nurse staffing requirements that exceed the minimum hospital unit direct care registered nurse-to-patient ratios required under subsection (b). (2) Implementation Each hospital unit shall adopt and implement the national acuity tool described in paragraph (1), and provide staffing based on such tool. Any additional direct care registered nursing staffing above the hospital unit direct care registered nurse-to-patient ratios described in subsection (b) shall be assigned in a manner determined by such national acuity tool. (e) Submission of plan to secretary A hospital shall submit to the Secretary its staffing plan and any annual updates under subsection (c)(3)(B). A federally operated hospital may submit its staffing plan through the department or agency operating the hospital. 3402. Posting, records, and audits (a) Posting requirements In each unit, a hospital shall post a uniform notice in a form specified by the Secretary in regulation that— (1) explains requirements imposed under section 3401; (2) includes actual direct care registered nurse-to-patient ratios during each shift; and (3) is visible, conspicuous, and accessible to staff, patients, and the public. (b) Records (1) Maintenance of records Each hospital shall maintain accurate records of actual direct care registered nurse-to-patient ratios in each unit for each shift for no less than 3 years. Such records shall include— (A) the number of patients in each unit; (B) the identity and duty hours of each direct care registered nurse assigned to each patient in each unit in each shift; and (C) a copy of each notice posted under subsection (a). (2) Availability of records Each hospital shall make its records maintained under paragraph (1) available to— (A) the Secretary; (B) registered nurses and their collective bargaining representatives (if any); and (C) the public under regulations established by the Secretary, or in the case of a federally operated hospital, under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ). (c) Audits The Secretary shall conduct periodic audits to ensure— (1) implementation of the staffing plan in accordance with this title; and (2) accuracy in records maintained under this section. 3403. Minimum direct care licensed practical nurse staffing requirements (a) Establishment A hospital’s staffing plan shall comply with minimum direct care licensed practical nurse staffing requirements that the Secretary establishes for units in hospitals. Such staffing requirements shall be established not later than 18 months after the date of the enactment of this title, and shall be based on the study conducted under subsection (b). (b) Study Not later than 1 year after the date of the enactment of this title, the Secretary, acting through the Director of the Agency for Healthcare Research and Quality, shall complete a study of licensed practical nurse staffing and its effects on patient care in hospitals. The Director may contract with a qualified entity or organization to carry out such study under this paragraph. The Director shall consult with licensed practical nurses and organizations representing licensed practical nurses regarding the design and conduct of the study. (c) Application of registered nurse provisions to licensed practical nurse staffing requirements Paragraphs (2), (3), (4)(A), and (5) of section 3401(b), section 3401(c), and section 3402 shall apply to the establishment and application of direct care licensed practical nurse staffing requirements under this section in the same manner that they apply to the establishment and application of direct care registered nurse-to-patient ratios under sections 3401 and 3402. (d) Effective date The requirements of this section shall take effect as soon as practicable, as determined by the Secretary, but not later than 2 years after the date of the enactment of this title, or in the case of a hospital in a rural area (as defined in section 1886(d)(2)(D) of the Social Security Act), not later than 4 years after the date of the enactment of this title. 3404. Adjustment in reimbursement (a) Medicare reimbursement The Secretary shall adjust payments made to hospitals (other than federally operated hospitals) under title XVIII of the Social Security Act in an amount equal to the net amount of additional costs incurred in providing services to Medicare beneficiaries that are attributable to compliance with requirements imposed under sections 3401 through 3403. The amount of such payment adjustments shall take into account recommendations contained in the report submitted by the Medicare Payment Advisory Commission under subsection (c). (b) Authorization of appropriation for federally operated hospitals There are authorized to be appropriated such additional sums as are required for federally operated hospitals to comply with the additional requirements established under sections 3401 through 3403. (c) Medpac report Not later than 2 years after the date of the enactment of this title, the Medicare Payment Advisory Commission (established under section 1805 of the Social Security Act) shall submit to Congress and the Secretary a report estimating total costs and savings attributable to compliance with requirements imposed under sections 3401 through 3403. Such report shall include recommendations on the need, if any, to adjust reimbursement for Medicare payments under subsection (a). 3405. Whistleblower and patient protections (a) Objection to or refusal of assignment A nurse may object to, or refuse to participate in, any activity, policy, practice, assignment or task if in good faith— (1) the nurse reasonably believes it to be in violation of section 3401 or 3403; or (2) the nurse is not prepared by education, training, or experience to fulfill the assignment without compromising the safety of any patient or jeopardizing the license of the nurse. (b) Retaliation for objection to or refusal of assignment barred (1) No discharge, discrimination, or retaliation No hospital shall discharge, retaliate, discriminate, or otherwise take adverse action in any manner with respect to any aspect of a nurse’s employment (as defined in section 3407(4)), including discharge, promotion, compensation, or terms, conditions, or privileges of employment, based on the nurse’s refusal of a work assignment under subsection (a). (2) No filing of complaint No hospital shall file a complaint or a report against a nurse with a State professional disciplinary agency because of the nurse’s refusal of a work assignment under subsection (a). (c) Cause of action Any nurse who has been discharged, discriminated against, or retaliated against in violation of subsection (b)(1) or against whom a complaint or report has been filed in violation of subsection (b)(2) may (without regard to whether a complaint has been filed under subsection (d) of this section or subsection (b) of section 3406) bring a cause of action in a United States district court. A nurse who prevails on the cause of action shall be entitled to one or more of the following: (1) Reinstatement. (2) Reimbursement of lost wages, compensation, and benefits. (3) Attorneys’ fees. (4) Court costs. (5) Other damages. (d) Complaint to Secretary A nurse, patient, or other individual may file a complaint with the Secretary against a hospital that violates the provisions of this title. For any complaint filed, the Secretary shall— (1) receive and investigate the complaint; (2) determine whether a violation of this title as alleged in the complaint has occurred; and (3) if such a violation has occurred, issue an order that the complaining nurse or individual shall not suffer any discharge, retaliation, discrimination, or other adverse action prohibited by subsection (b) or subsection (f). (e) Toll-Free telephone number (1) In general The Secretary shall provide for the establishment of a toll-free telephone hotline to provide information regarding the requirements under sections 3401 through 3403 and to receive reports of violations of such section. (2) Notice to patients A hospital shall provide each patient admitted to the hospital for inpatient care with the hotline described in paragraph (1), and shall give notice to each patient that such hotline may be used to report inadequate staffing or care. (f) Protection for reporting (1) Prohibition on retaliation or discrimination A hospital shall not discriminate or retaliate in any manner against any patient, employee, or contract employee of the hospital, or any other individual, on the basis that such individual, in good faith, individually or in conjunction with another person or persons, has presented a grievance or complaint, or has initiated or cooperated in any investigation or proceeding of any governmental entity, regulatory agency, or private accreditation body, made a civil claim or demand, or filed an action relating to the care, services, or conditions of the hospital or of any affiliated or related facilities. (2) Good fath defined For purposes of this subsection, an individual shall be deemed to be acting in good faith if the individual reasonably believes— (A) the information reported or disclosed is true; and (B) a violation of this title has occurred or may occur. (g) Prohibition on interference with rights (1) Exercise of rights It shall be unlawful for any hospital to— (A) interfere with, restrain, or deny the exercise, or attempt to exercise, by any person of any right provided or protected under this title; or (B) coerce or intimidate any person regarding the exercise or attempt to exercise such right. (2) Opposition to unlawful policies or practices It shall be unlawful for any hospital to discriminate or retaliate against any person for opposing any hospital policy, practice, or actions which are alleged to violate, breach, or fail to comply with any provision of this title. (3) Prohibition on interference with protected communications A hospital (or an individual representing a hospital) shall not make, adopt, or enforce any rule, regulation, policy, or practice which in any manner directly or indirectly prohibits, impedes, or discourages a direct care nurse from, or intimidates, coerces, or induces a direct care nurse regarding, engaging in free speech activities or disclosing information as provided under this title. (4) Prohibition on interference with collective action A hospital (or an individual representing a hospital) shall not in any way interfere with the rights of nurses to organize, bargain collectively, and engage in concerted activity under section 7 of the National Labor Relations Act ( 29 U.S.C. 157 ). (h) Notice A hospital shall post in an appropriate location in each unit a conspicuous notice in a form specified by the Secretary that— (1) explains the rights of nurses, patients, and other individuals under this section; (2) includes a statement that a nurse, patient, or other individual may file a complaint with the Secretary against a hospital that violates the provisions of this title; and (3) provides instructions on how to file such a complaint. (i) Effective date (1) Refusal; retaliation; cause of action (A) In general Subsections (a) through (c) shall apply to objections and refusals occurring on or after the effective date of the provision of this title to which the objection or refusal relates. (B) Exception Subsection (a)(2) shall not apply to objections or refusals in any hospital before the requirements of section 3401(a) or 3403(a), as applicable, apply to that hospital. (2) Protections for reporting Subsection (f)(1) shall apply to actions occurring on or after the effective date of the provision to which the violation relates, except that such subsection shall apply to initiation, cooperation, or participation in an investigation or proceeding on or after the date of enactment of this title. (3) Notice Subsection (h) shall take effect 18 months after the date of enactment of this title. 3406. Enforcement (a) In general The Secretary shall enforce the requirements and prohibitions of this title in accordance with this section. (b) Procedures for receiving and investigating complaints The Secretary shall establish procedures under which— (1) any person may file a complaint alleging that a hospital has violated a requirement or a prohibition of this title; and (2) such complaints shall be investigated by the Secretary. (c) Remedies If the Secretary determines that a hospital has violated a requirement of this title, the Secretary— (1) shall require the facility to establish a corrective action plan to prevent the recurrence of such violation; and (2) may impose civil money penalties, as described in subsection (d). (d) Civil penalties (1) In general In addition to any other penalties prescribed by law, the Secretary may impose civil penalties as follows: (A) Hospital liability The Secretary may impose on a hospital found to be in violation of this title, a civil money penalty of not more than $25,000 for each knowing violation of a requirement of this title, except that the Secretary shall impose a civil money penalty of more than $25,000 for each such violation in the case of a participating hospital that the Secretary determines has a pattern or practice of such violations (with the amount of such additional penalties being determined in accordance with a schedule or methodology specified in regulations). (B) Individual liability The Secretary may impose on an individual who— (i) is employed by a hospital found by the Secretary to have violated a requirement of this title; and (ii) willfully violates this title, a civil money penalty of not more than $20,000 for each such violation. (2) Procedures The provisions of section 1128A of the Social Security Act (other than subsections (a) and (b)) shall apply to a civil money penalty under this paragraph in the same manner as such provisions apply to a penalty or proceeding under such section 1128A. (e) Public notice of violations (1) Internet Web site The Secretary shall publish on the Internet Web site of the Department of Health and Human Services the names of participating hospitals on which civil money penalties have been imposed under this subsection, the violation for which such penalty was imposed, and such additional information as the Secretary determines appropriate. (2) Change of ownership With respect to a participating hospital that had a change of ownership, as determined by the Secretary, penalties imposed on the hospital while under previous ownership shall no longer be published by the Secretary of such Internet Web site after the 1-year period beginning on the date of change of ownership. (f) Offset Funds collected by the Secretary under this section shall be used to offset the costs of enforcing this title. 3407. Definitions For purposes of this title: (1) Acuity system The term acuity system means an established measurement tool that— (A) predicts nursing care requirements for individual patients based on severity of patient illness, need for specialized equipment and technology, intensity of nursing interventions required, and the complexity of clinical nursing judgment needed to design, implement, and evaluate the patient’s nursing care plan; (B) details the amount of nursing care needed, both in number of nurses and in skill mix of nursing personnel required, on a daily basis, for each patient in a nursing department or unit; (C) takes into consideration the patient care services provided not only by registered nurses but also by direct care licensed practical nurses and other health care personnel; and (D) is stated in terms that can be readily used and understood by nurses. (2) Direct care licensed practical nurse The term direct care licensed practical nurse means an individual who has been granted a license by at least one State to practice as a licensed practical nurse or a licensed vocational nurse and who provides bedside care for one or more patients. (3) Direct care registered nurse The term direct care registered nurse means an individual who has been granted a license by at least one State to practice as a registered nurse and who provides bedside care for one or more patients. (4) Employment The term employment includes the provision of services under a contract or other arrangement. (5) Hospital The term hospital has the meaning given that term in section 1861(e) of the Social Security Act, and includes a hospital that is operated by the Department of Veterans Affairs, the Department of Defense, the Indian Health Services Program, or any other department or agency of the United States. (6) Nurse The term nurse means any direct care registered nurse or direct care licensed practical nurse (as the case may be), regardless of whether or not the nurse is an employee. (7) Staffing plan The term staffing plan means a staffing plan required under section 3401. (8) State of emergency The term state of emergency — (A) means a state of emergency that is an unpredictable or unavoidable occurrence at an unscheduled or unpredictable interval, relating to health care delivery and requiring immediate medical interventions and care; and (B) does not include a state emergency that results from a labor dispute in the health care industry or consistent understaffing. 3408. Rule of construction Nothing in this title shall be construed to authorize disclosure of private and confidential patient information, except in the case where such disclosure is otherwise required by law, compelled by proper legal process, consented to by the patient, provided in confidence to regulatory or accreditation agencies or other government entities for investigatory purposes, or provided pursuant to formal or informal complaints of unlawful or improper practices for purposes of achieving corrective and remedial action. . (b) Recommendations to Congress Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report containing recommendations for ensuring that sufficient numbers of nurses are available to meet the requirements imposed by title XXXIV of the Public Health Service Act, as added by subsection (a). (c) Report by HRSA (1) In general Not later than 2 years after the date of enactment of this Act, the Administrator of the Health Resources and Services Administration, in consultation with the National Health Care Workforce Commission, shall submit to Congress a report regarding the relationship between nurse staffing levels and nurse retention in hospitals. (2) Updated report Not later than 5 years after the date of enactment of this Act, the Administrator of the Health Resources and Services Administration, in consultation with the National Health Care Workforce Commission, shall submit to Congress an update of the report submitted under paragraph (1). 3. Enforcement of requirements through Federal programs (a) Medicare program Section 1866(a)(1) of the Social Security Act (42 U.S.C. 1395cc(a)(1)) is amended— (1) by striking and at the end of subparagraph (V); (2) in the subparagraph (W) added by section 3005(1)(C) of Public Law 111–148 — (A) by striking the period at the end and inserting a comma; (B) by moving the indentation 2 ems to the left; and (C) by moving such subparagraph to immediately follow subparagraph (V); (3) in the subparagraph (W) added by section 6406(b)(3) of Public Law 111–148 — (A) by striking the period at the end and inserting , and ; (B) by moving the indentation 2 ems to the left; (C) by redesignating such subaragraph as subparagraph (X); and (D) by moving such subparagraph to immediately follow subparagraph (W), as moved under paragraph (2)(C); and (4) by inserting after the subparagraph (X), as redesignated and moved under paragraph (3), the following: (Y) in the case of a hospital, to comply with the provisions of title XXXIV of the Public Health Service Act. . (b) Medicaid program Section 1902(a) of the Social Security Act (42 U.S.C. 1396(a)) is amended— (1) by striking and at the end of paragraph (82)(C); (2) by striking the period at the end of paragraph (83) and inserting ; and ; and (3) by inserting after paragraph (83) the following new paragraph: (84) provide that any hospital that receives a payment under such plan comply with the provisions of title XXXIV of the Public Health Service Act (relating to minimum direct care registered nurse staffing requirements). . (c) Health benefits program of the department of veterans affairs Section 8110(a) of title 38, United States Code, is amended by adding at the end the following new paragraphs: (7) In the case of a Department medical facility that is a hospital, the hospital shall comply with the provisions of title XXXIV of the Public Health Service Act. (8) Nothing either in chapter 74 of this title or in section 7106 of title 5 shall preclude enforcement of the provisions of title XXXIV of the Public Health Service Act with respect to a Department hospital through grievance procedures negotiated in accordance with chapter 71 of title 5. . (d) Health benefits program of the department of defense (1) In general Chapter 55 of title 10, United States Code, is amended by adding at the end the following new section: 1110c. Staffing requirements In the case of a facility of the uniformed services that is a hospital, the hospital shall comply with the provisions of title XXXIV of the Public Health Service Act. . (2) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1110b the following new item: 1110c. Staffing requirements. . (e) Indian health services program Title VIII of the Indian Health Care Improvement Act ( 25 U.S.C. 1671 et seq. ) is amended by adding at the end the following new section: 833. Staffing requirements All hospitals of the Service shall comply with the provisions of title XXXIV of the Public Health Service Act (relating to minimum direct care registered nurse staffing requirements). . (f) Federal labor-Management relations (1) In general Section 7106 of title 5, United States Code, is amended by adding at the end the following: (c) Nothing in this section shall preclude enforcement of the provisions of title XXXIV of the Public Health Service Act through grievance procedures negotiated in accordance with section 7121. . (2) Conforming amendment Section 7106(a) of title 5, United States Code, is amended by striking Subject to subsection (b) of this title, and inserting Subject to subsections (b) and (c), . 4. Nurse Workforce Initiative (a) Scholarship and stipend program Section 846(d) of the Public Health Service Act ( 42 U.S.C. 297n(d) ) is amended— (1) in the section heading, by inserting and Stipend after Scholarship ; and (2) in paragraph (1), by inserting or stipends after scholarships . (b) Nurse retention grants Section 831A(b) of the Public Health Service Act (42 U.S.C. 296p–1(b)) is amended— (1) by striking Grants for Career Ladder Program .— and inserting Grants for Nurse Retention .— ; (2) in paragraph (2), by striking ; or and inserting a semicolon; (3) in paragraph (3), by striking the period and inserting a semicolon; and (4) by adding at the end the following: (4) to provide additional support to nurses entering the workforce by implementing nursing preceptorship projects that establish a period of practical and clinical experiences and training for nursing students, newly hired nurses, and recent graduates of a direct care degree programs for registered nurses; or (5) to implement mentorship projects that assist new or transitional direct care registered nurses in adapting to the hospital setting. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1907ih/xml/BILLS-113hr1907ih.xml |
113-hr-1908 | I 113th CONGRESS 1st Session H. R. 1908 IN THE HOUSE OF REPRESENTATIVES May 9, 2013 Mr. Salmon (for himself, Mr. LaMalfa , Mr. Huelskamp , Mr. Jones , Mr. Franks of Arizona , Mr. Radel , Mr. Schweikert , Mr. Meadows , Mr. Yoho , Mr. Gosar , and Mr. Duncan of South Carolina ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on Energy and Commerce and 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 repeal certain provisions of the Patient Protection and Affordable Care Act relating to the premium tax credits and cost-sharing subsidies.
1. Short title This Act may be cited as the Federal Repeal of Expensive Exchanges Act or the FREE Act . 2. Findings The Congress finds the following: (1) The Patient Protection and Affordable Care Act makes health care more expensive and less accessible, while also driving up the Federal deficit and debt. (2) This increase in cost is most noticeable in the health insurance exchanges established under such Act, which would increase the Federal deficit by $1.017 trillion over an eleven-year timeframe, as stated in a July, 2012 Congressional Budget Office report. (3) The Federal mandate to establish health insurance exchanges directly assaults the States’ traditional authority to regulate health insurance. (4) Such Federal mandate imposes unknown insurance costs on consumers and administrative costs on States. (5) Such Federal mandate imposes a one-size-fits-all approach that ignores State differences. (6) Such Federal mandate undermines choice and competition and guarantees further consolidation of the health insurance markets. 3. Repeal of the Patient Protection and Affordable Care Act premium tax credits and cost-sharing subsidies (a) Premium tax credits The Internal Revenue Code of 1986 is amended by striking section 36B. (b) Advance determination and payment of premium tax credits and cost-Sharing reductions The Patient Protection and Affordable Care Act is amended by striking section 1412. (c) Cost-Sharing The Patient Protection and Affordable Care Act is amended by striking section 1402. (d) Conforming amendments (1) Internal Revenue Code of 1986 (A) Section 280C of the Internal Revenue Code of 1986 is amended by striking subsection (g). (B) Clause (iii) of section 6055(b)(1)(B) of such Code is amended to read as follows: (iii) in the case of minimum essential coverage which consists of health insurance coverage, information concerning whether or not the coverage is a qualified health plan offered through an Exchange established under section 1311 of the Patient Protection and Affordable Care Act, and ; and (C) Section 6103(l)(21) of such Code is amended— (i) by striking any premium tax credit under section 36B or any cost-sharing reduction under section 1402 of the Patient Protection and Affordable Care Act or in the matter preceding subparagraph (i), (ii) by striking (as defined in section 36B) in subparagraph (A)(iv), and (iii) by adding at the end the following: (D) Modified adjusted gross income For purposes of this paragraph, the term modified adjusted gross income means adjusted gross income increased by— (i) any amount excluded from gross income under section 911, (ii) any amount of interest received or accrued by the taxpayer during the taxable year which is exempt from tax, and (iii) an amount equal to the portion of the taxpayer's social security benefits (as defined in section 86(d)) which is not included in gross income under section 86 for the taxable year. . (D) Section 6211(b)(4)(A) of such Code is amended by striking 36B, . (E) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 36B. (2) Fair Labor Standards Act of 1938 (A) Section 18B(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 218b(a) ) is amended— (i) by inserting and at the end of paragraph (1), and (ii) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2). (B) Section 18C(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 218c(a) ) is amended by striking paragraph (1) and by redesignating paragraphs (2) through (5) as paragraphs (1) through (4), respectively. (3) Public Health Service Act Title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg et seq. ) is amended— (A) in section 2705(l)(3)(A) ( 42 U.S.C. 300gg–4(l)(3)(A) )— (i) by striking the em dash before clause (i) and inserting will not result in any decrease in coverage. ; and (ii) by striking clauses (i) and (ii); and (B) in section 2793(c) (300gg–93(c))— (i) by inserting and at the end of paragraph (3); (ii) by striking ; and at the end of paragraph (4); and (iii) by striking paragraph (5). (4) Patient Protection and Affordable Care Act The Patient Protection and Affordable Care Act ( Public Law 111–148 , as amended) is amended— (A) in section 1303(b) by striking paragraph (2); (B) in section 1311(c)(5)(B) (42 U.S.C. 18031(c)(5)(B)), by striking or eligible for a premium tax credit or cost-sharing reduction ; (C) in section 1311(d)(4) ( 42 U.S.C. 18031(d)(4) )— (i) in subparagraph (G), by striking after the application of any premium tax credit and all that follows through section 1402 ; and (ii) in subparagraph (I), by striking clause (ii); (D) in section 1311(i)(3)(B) (42 U.S.C. 18031(i)(3)(B)), by striking , and the availability of premium tax credits and all that follows through section 1402 ; (E) in section 1312(e) ( 42 U.S.C. 18032(e) )— (i) in paragraph (1), by striking ; and and inserting a period; (ii) by striking paragraph (2); and (iii) by striking brokers— and all that follows through to enroll and inserting brokers to enroll ; (F) in section 1313(a)(6)(A) ( 42 U.S.C. 18033(a)(6)(A) ), by striking , including payments of premium tax credits and cost-sharing reductions through the Exchange ; (G) in section 1331(d)(3)(A)(i) ( 42 U.S.C. 18051 ) is amended by inserting and the Federal Repeal of Expensive Exchanges Act had not been enacted before the period at the end; (H) in section 1332(a) ( 42 U.S.C. 18052(a) )— (i) in paragraph (2)— (I) by striking subparagraph (C); and (II) in subparagraph (D) by striking 36B, 4980H, and inserting 4980H ; and (ii) in paragraph (3), by striking premium tax credits, cost-sharing reductions ; (I) in section 1334(c) ( 42 U.S.C. 18054(c) ) by striking paragraph (3); (J) in section 1401(c)(1)(A), by striking clause (i); (K) in section 1411 ( 42 U.S.C. 18081 )— (i) in subsection (a)(1)— (I) by striking or who is claiming a premium tax credit or reduced cost-sharing, ; and (II) by striking sections 1312(f)(3), 1402(e), and 1412(d) and inserting section 1312(f)(3) ; (ii) in subsection (a), by striking paragraph (2); (iii) in subsection (b), by striking paragraphs (3) and (4); (iv) in subsection (e)— (I) in paragraph (2), by amending subparagraph (A) to read as follows: (A) Eligibility for enrollment If information provided by an applicant under paragraphs (1) and (2) of subsection (b) is verified under subsections (c) and (d) the individual’s eligibility to enroll through the Exchange shall be satisfied. ; and (II) in paragraph (4)(B), by striking clauses (ii) and (iii) and redesignating clause (iv) as clause (ii); (v) by striking subsection (f)(2); (vi) in subsection (g)(1)— (I) by striking or for a premium tax credit or cost-sharing reduction , and (II) by striking , determine eligibility, and determine the amount of the credit or reduction and inserting and determine eligibility ; and (vii) in subsection (g)(2) by striking or to claim a premium tax credit or cost-sharing reduction or the amount of the credit or reduction ; (L) in section 1413(e)(1) ( 42 U.S.C. 18083(e)(1) ), by striking , including the premium tax credits under section 36B of the Internal Revenue Code of 1986 and cost-sharing reductions under section 1402 ; (M) by striking section 1415 ( 42 U.S.C. 18084 ); and (N) in section 2901 ( 25 U.S.C. 1623 ), by striking subsection (a). (5) Social Security Act Section 1943(b) of the Social Security Act (42 U.S.C. 1396w–3(b)) is amended— (A) in paragraph (1)(C)— (i) by striking and, if applicable, premium assistance and all that follows through section 1412 of the Patient Protection and Affordable Care Act), ; and (ii) by striking reduced cost-sharing for eligible individuals under section 1402 of the Patient Protection and Affordable Care Act, and any other and inserting any ; (B) in paragraph (1)(D), by striking , child health assistance, or premium assistance, and inserting or child health assistance, ; (C) by striking paragraph (2); and (D) in paragraph (4), by striking and who is eligible to receive premium credit assistance for the purchase of a qualified health plan under section 36B of the Internal Revenue Code of 1986 . 4. Repeal of Employer and Individual Mandates (a) Employer Mandate (1) In general Chapter 43 of the Internal Revenue Code of 1986 is amended by striking section 4980H, and the table of sections for such chapter is amended by striking the item relating to section 4980H. (2) Information return (A) Chapter 61 of such Code is amended by striking section 6056, and the table of sections for such chapter is amended by striking the item relating to section 6056. (B) Section 6724(d) of such Code is amended— (i) in paragraph (1)(B) by inserting or at the end of clause (xxiii), by striking or at the end of clause (xxiv) and inserting and , and by striking clause (xxv), and (ii) in paragraph (2) by inserting or at the end of subparagraph (FF), by striking or at the end of subparagraph (GG) and inserting and , and by striking subparagraph (HH). (3) Patient Protection and Affordable Care Act conforming amendments (A) Section 1332(a)(2)(D) of the Patient Protection and Affordable Care Act (as amended by section 3(d)(4)(H) of this Act) is amended by striking Sections 4980H and inserting Section . (B) Section 1513 of the Patient Protection and Affordable Care Act is amended by striking subsection (c). (b) Repeal of individual health insurance mandate (1) In general Section 5000A of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (h) Termination This section shall not apply with respect to any month beginning after December 31, 2013. . (2) Conforming amendment Section 1311(d)(4) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031(d)(4) ) is amended by striking subparagraph (H). (c) Effective date The amendments made by this section shall apply as if included in the respective sections the Patient Protection and Affordable Care Act to which such amendments relate. | https://www.govinfo.gov/content/pkg/BILLS-113hr1908ih/xml/BILLS-113hr1908ih.xml |
113-hr-1909 | I 113th CONGRESS 1st Session H. R. 1909 IN THE HOUSE OF REPRESENTATIVES May 9, 2013 Mr. Graves of Missouri (for himself, Mr. Chabot , Mr. Luetkemeyer , Mr. Tipton , Mr. Mulvaney , Mrs. Hartzler , Mr. Hanna , Mr. Collins of New York , and Ms. Chu ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To amend the Export Enhancement Act of 1988 to make improvements to the trade promotion policies and programs of the United States Government.
1. Short title This Act may be cited as the Export Coordination Act of 2013 . 2. Duties (a) In general Section 2312(b) of the Export Enhancement Act of 1988 ( 15 U.S.C. 4727(b) ) is amended— (1) in paragraph (4), by adding at the end before the semicolon the following: , including identifying opportunities to consolidate or co-locate offices of agencies involved in such activities ; (2) in paragraph (5)— (A) by inserting , including the use and coordination of electronic databases, after the appropriate levels and allocation of resources ; and (B) by striking and at the end; (3) by redesignating paragraph (6) as paragraph (7); and (4) by inserting after paragraph (5) the following: (6) to the maximum extent practicable, provide a detailed listing of current and future Federal and State-led trade missions, trade fairs, and related activities to ensure better delivery of services to United States businesses; and . (b) Availability of information The Secretary of Commerce shall make available the information on Federal and State-led trade missions, trade fairs, and related activities described in paragraph (6) of section 2312(b) of the Export Enhancement Act of 1988, as added by subsection (a)(4) of this section, on the Web site Export.gov or a successor Web site. 3. Strategic plan Section 2312(c) of the Export Enhancement Act of 1988 ( 15 U.S.C. 4727(c) ) is amended— (1) by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), respectively; (2) by inserting after paragraph (2) the following: (3) with respect to export promotion and export financing activities of each agency that is a member of the TPCC— (A) clearly identify and explain the role of each agency; and (B) describe the goals and objectives of each agency and explain the rationale for measuring and reporting the goals and objectives; ; (3) in paragraph (5) (as redesignated)— (A) by inserting and Congress after the President ; and (B) by striking paragraph (3) and inserting paragraph (4) ; (4) in paragraph (6) (as redesignated), by striking and at the end; (5) by inserting after paragraph (6) (as redesignated) the following: (7) include the recommendations of the Comptroller General of the United States as the recommendations relate to coordination of the TPCC and agencies that are members of the TPCC; ; and (6) in paragraph (7) (as redesignated), by striking United States National Tourism Organization and inserting United States Travel Association . 4. Membership and staff (a) Membership Section 2312(d) of the Export Enhancement Act of 1988 ( 15 U.S.C. 4727(d) ) is amended— (1) in paragraph (1)— (A) by striking and at the end of subparagraph (L); (B) by redesignating subparagraph (M) as subparagraph (N); and (C) by inserting after subparagraph (L) the following: (M) the Millennium Challenge Corporation; ; (2) by redesignating paragraph (2) as paragraph (3); and (3) by inserting after paragraph (1) the following: (2) State trade promotion agencies The TPCC shall also include one or more members appointed by the President who are representatives from State trade promotion agencies. . (b) Staff Section 2312 of the Export Enhancement Act of 1988 ( 15 U.S.C. 4727 ) is amended— (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following: (f) Staff Upon request of the chairperson of the TPCC, the head of any Federal department or agency that is a member of the TPCC may detail, on a reimbursable basis, any of the personnel of that department or agency to the TPCC to assist it in carrying out its duties under this section. . 5. Member qualifications Section 2312(e) of the Export Enhancement Act of 1988 ( 15 U.S.C. 4727(e) ) is amended in the first sentence by inserting (other than members described in subsection (d)(2)) after Members of the TPCC . 6. Report to Congress Subsection (g) of section 2312 of the Export Enhancement Act of 1988 ( 15 U.S.C. 4727 ), as redesignated by section 4(b)(1) of this Act, is amended to read as follows: (g) Report to Congress (1) In general The chairperson of the TPCC shall prepare and submit to the appropriate congressional committees, not later than March 30 of each year, a report that— (A) describes the strategic plan developed by the TPCC pursuant to subsection (c), the implementation of such plan, and any revisions thereto; and (B) describes the implementation of sections 303 and 304 of the FREEDOM Support Act (22 U.S.C. 5823 and 5824) concerning funding for export promotion activities and the interagency working groups on energy of the TPCC. (2) Appropriate congressional committees defined In this subsection, the term appropriate congressional committees means— (A) the Committee on Appropriations, the Committee on Energy and Commerce, the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Small Business, and the Committee on Ways and Means of the House of Representatives; and (B) the Committee on Appropriations, the Committee on Commerce, Science, and Transportation, the Committee on Finance, the Committee on Foreign Relations, and the Committee on Small Business and Entrepreneurship of the Senate. . 7. Additional report to Congress Section 2312 of the Export Enhancement Act of 1988 ( 15 U.S.C. 4727 ) is amended by adding at the end the following: (h) Additional report to Congress (1) In general The Inspector General of the Department of Commerce shall prepare and submit to the appropriate congressional committees, not later than March 30 of each year, a report on the extent to which the TPCC is successfully carrying out its duties as described in subsection (b) and the extent to which the strategic plan as described in subsection (c) is successfully being implemented. (2) Consultation In preparing the report required under paragraph (1), the Inspector General of the Department of Commerce shall, to the maximum extent practicable, consult with the inspector general of each other Federal department or agency that is a member of the TPCC. (3) Appropriate congressional committees defined In this subsection, the term appropriate congressional committees has the meaning given such term in subsection (g)(2). . | https://www.govinfo.gov/content/pkg/BILLS-113hr1909ih/xml/BILLS-113hr1909ih.xml |
113-hr-1910 | I 113th CONGRESS 1st Session H. R. 1910 IN THE HOUSE OF REPRESENTATIVES May 9, 2013 Mr. Cartwright (for himself, Mr. Turner , Mr. Brady of Pennsylvania , Mr. Braley of Iowa , Mr. Conyers , Mr. Courtney , Mr. Doggett , Mr. Ellison , Mr. Enyart , Mr. Gene Green of Texas , Mr. Hastings of Florida , Mr. Johnson of Georgia , Mr. Jones , Mrs. McCarthy of New York , Ms. Norton , Mr. Peters of Michigan , Mr. Ryan of Ohio , Ms. Linda T. Sánchez of California , Ms. Shea-Porter , Mr. Tierney , Mr. Vela , Mr. Yarmuth , Mr. Michaud , Mr. Grayson , Mr. Joyce , Mr. Keating , Mr. Perlmutter , Mr. Cohen , Mr. Andrews , Ms. Bonamici , Ms. Kuster , Ms. Edwards , and Mr. Pocan ) 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 Agriculture , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require foreign manufacturers of products imported into the United States to establish registered agents in the United States who are authorized to accept service of process against such manufacturers.
1. Short title This Act may be cited as the Foreign Manufacturers Legal Accountability Act of 2013 . 2. Findings Congress makes the following findings: (1) Each year, many people in the United States are injured by defective products manufactured or produced by foreign entities and imported into the United States. (2) Both consumers and businesses in the United States have been harmed by injuries to people in the United States caused by defective products manufactured or produced by foreign entities. (3) People in the United States injured by defective products manufactured or produced by foreign entities often have difficulty recovering damages from the foreign manufacturers and producers responsible for such injuries. (4) The difficulty described in paragraph (3) is caused by the obstacles in bringing a foreign manufacturer or producer into a United States court and subsequently enforcing a judgment against that manufacturer or producer. (5) Obstacles to holding a responsible foreign manufacturer or producer liable for an injury to a person in the United States undermine the purpose of the tort laws of the United States. (6) The difficulty of applying the tort laws of the United States to foreign manufacturers and producers puts United States manufacturers and producers at a competitive disadvantage because United States manufacturers and producers must— (A) abide by common law and statutory safety standards; and (B) invest substantial resources to ensure that they do so. (7) Foreign manufacturers and producers can avoid the expenses necessary to make their products safe if they know that they will not be held liable for violations of United States product safety laws. (8) Businesses in the United States undertake numerous commercial relationships with foreign manufacturers, exposing the businesses to additional tort liability when foreign manufacturers or producers evade United States courts. (9) Businesses in the United States engaged in commercial relationships with foreign manufacturers or producers often cannot vindicate their contractual rights if such manufacturers or producers seek to avoid responsibility in United States courts. (10) One of the major obstacles facing businesses and individuals in the United States who are injured and who seek compensation for economic or personal injuries caused by foreign manufacturers and producers is the challenge of serving process on such manufacturers and producers. (11) An individual or business injured in the United States by a foreign company must rely on a foreign government to serve process when that company is located in a country that is a signatory to the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters done at The Hague November 15, 1965 (20 UST 361; TIAS 6638). (12) An injured person in the United States must rely on the cumbersome system of letters rogatory to effect service in a country that did not sign the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. These countries do not have an enforceable obligation to serve process as requested. (13) The procedures described in paragraphs (11) and (12) add time and expense to litigation in the United States, thereby discouraging or frustrating meritorious lawsuits brought by persons injured in the United States against foreign manufacturers and producers. (14) Foreign manufacturers and producers often seek to avoid judicial consideration of their actions by asserting that United States courts lack personal jurisdiction over them. (15) The due process clauses of the fifth amendment to and section 1 of the fourteenth amendment to the Constitution govern United States courts' personal jurisdiction over defendants. (16) The due process clauses described in paragraph (15) are satisfied when a defendant consents to the jurisdiction of a court. (17) United States markets present many opportunities for foreign manufacturers. (18) In choosing to export products to the United States, a foreign manufacturer or producer subjects itself to the laws of the United States. Such a foreign manufacturer or producer thereby acknowledges that it is subject to the personal jurisdiction of the State and Federal courts in at least one State. 3. Sense of Congress It is the sense of Congress that— (1) foreign manufacturers and producers whose products are sold in the United States should not be able to avoid liability simply because of difficulties relating to serving process upon them; (2) to avoid such lack of accountability, foreign manufacturers and producers of foreign products distributed in the United States should be required, by regulation, to register an agent in the United States who is authorized to accept service of process for such manufacturer or producer; (3) it is unfair to United States consumers and businesses that foreign manufacturers and producers often seek to avoid judicial consideration of their actions by asserting that United States courts lack personal jurisdiction over them; (4) those who benefit from exporting products to United States markets should expect to be subject to the jurisdiction of at least one court within the United States; (5) exporting products to the United States should be understood as consent to the accountability that the legal system of the United States ensures for all manufacturers and producers, foreign, and domestic; (6) exporters recognize the scope of opportunities presented to them by United States markets but also should recognize that products imported into the United States must satisfy Federal and State safety standards established by statute, regulation, and common law; (7) foreign manufacturers should recognize that they are responsible for the contracts they enter into with United States companies; (8) foreign manufacturers should act responsibly and recognize that they operate within the constraints of the United States legal system when they export products to the United States; (9) United States laws and the laws of United States trading partners should not put burdens on foreign manufacturers and producers that do not apply to domestic companies; (10) it is fair to ensure that foreign manufacturers, whose products are distributed in commerce in the United States, are subject to the jurisdiction of State and Federal courts in at least one State because all United States manufacturers are subject to the jurisdiction of the State and Federal courts in at least one State; and (11) it should be understood that, by registering an agent for service of process in the United States, the foreign manufacturer or producer acknowledges consent to the jurisdiction of the State in which the registered agent is located. 4. Definitions In this Act: (1) Applicable agency The term applicable agency means, with respect to covered products— (A) described in subparagraphs (A) and (B) of paragraph (4), the Food and Drug Administration; (B) described in paragraph (4)(C), the Consumer Product Safety Commission; (C) described in subparagraphs (D) and (E) of paragraph (4), the Environmental Protection Agency; and (D) described in subparagraph (F) of paragraph (4)— (i) the Food and Drug Administration, if the item is intended to be a component part of a product described in subparagraphs (A) and (B) of paragraph (4); (ii) the Consumer Product Safety Commission, if the item is intended to be a component part of a product described in paragraph (4)(C); and (iii) the Environmental Protection Agency, if the item is intended to be a component part of a product described in subparagraphs (D) and (E) of paragraph (4). (2) Commerce The term commerce means trade, traffic, commerce, or transportation— (A) between a place in a State and any place outside of the State; or (B) which affects trade, traffic, commerce, or transportation described in subparagraph (A). (3) Commissioner of U.S. Customs and Border Protection The term Commissioner of U.S. Customs and Border Protection means the Commissioner responsible for U.S. Customs and Border Protection of the Department of Homeland Security. (4) Covered product The term covered product means any of the following: (A) Drugs, devices, and cosmetics, as such terms are defined in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ). (B) A biological product, as such term is defined in section 351(i) of the Public Health Service Act ( 42 U.S.C. 262(i) ). (C) A consumer product, as such term is used in section 3(a) of the Consumer Product Safety Act ( 15 U.S.C. 2052 ). (D) A chemical substance or new chemical substance, as such terms are defined in section 3 of the Toxic Substances Control Act ( 15 U.S.C. 2602 ). (E) A pesticide, as such term is defined in section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136 ). (F) An item that is intended to be a component part of a product described in subparagraph (A), (B), (C), (D), or (E) but is not yet a component part of such product. (5) Distribute in commerce The term distribute in commerce means to sell in commerce, to introduce or deliver for introduction into commerce, or to hold for sale or distribution after introduction into commerce. 5. Registration of agents of foreign manufacturers authorized to accept service of process in the United States (a) Registration (1) In general Beginning on the date that is 180 days after the date on which the regulations are prescribed pursuant to subsection (e)(1) and except as otherwise provided in this subsection, the head of each applicable agency shall require foreign manufacturers and producers of covered products distributed in commerce to establish a registered agent in the United States who is authorized to accept service of process on behalf of such manufacturer or producer for the purpose of any State or Federal regulatory proceeding or any civil action in any State or Federal court relating to such covered product, if such service is made in accord with the State or Federal rules for service of process in the State in which the regulatory action or case is brought. (2) Location The head of each applicable agency shall require that an agent of a foreign manufacturer or producer registered under this subsection with respect to a covered product be located in a State with a substantial connection to the importation, distribution, or sale of the covered product. (3) Designation and acceptance (A) Designation by foreign manufacturers and producers The head of each applicable agency shall require each foreign manufacturer and producer described in paragraph (1) to provide to the applicable agency a written designation of the agent established by the foreign manufacturer or producer pursuant to paragraph (1) that— (i) is signed by an official or employee of the foreign manufacturer or producer who has authority to appoint an agent; (ii) contains the full legal name, principal place of business, and mailing address of the foreign manufacturer or producer; and (iii) contains a statement that the designation is valid and binding on the foreign manufacturer or producer for the purposes of this section. (B) Acceptance by agents The head of each applicable agency shall require each agent established pursuant to paragraph (1) with respect to a foreign manufacturer or producer to provide to the applicable agency a written acceptance of such establishment that— (i) is signed by the agent or, in the case in which a domestic firm or domestic corporation is designated as an agent, an official or employee of the firm or corporation with authority to sign for the firm or corporation; (ii) contains the agent’s full legal name, physical address, mailing address, and telephone number; (iii) contains a statement that the agent accepts such establishment and the designation by the foreign manufacturer or producer under subparagraph (A); and (iv) contains a statement that the agent acknowledges that the duties of the agent— (I) may not be assigned to another person; and (II) remain in effect until withdrawn or replaced by the foreign manufacturer or producer. (4) Minimum size This subsection shall only apply to foreign manufacturers and producers that manufacture or produce covered products in excess of a minimum value or quantity the head of the applicable agency shall prescribe by rule for purposes of this section. Such rules may include different minimum values or quantities for different subcategories of covered products prescribed by the head of the applicable agency for purposes of this section. (b) Registry of agents of foreign manufacturers (1) In general The Secretary of Commerce shall, in cooperation with each head of an applicable agency, establish and keep up to date a registry of agents registered under subsection (a). (2) Availability The Secretary of Commerce shall make the registry established under paragraph (1) available— (A) to the public through the Internet website of the Department of Commerce; and (B) to the Commissioner of U.S. Customs and Border Protection. (c) Consent to jurisdiction (1) In general A foreign manufacturer or producer of a covered product that registers an agent under this section thereby consents to the personal jurisdiction of the State or Federal courts of the State in which the registered agent is located for the purpose of any regulatory proceeding or civil action relating to such covered product. (2) Rule of construction Paragraph (1) shall not be construed to apply to actions brought by foreign plaintiffs in which the alleged injury or damage occurred outside the United States. (d) Declarations (1) In general Beginning on the date that is 180 days after the date on which the regulations are prescribed pursuant to subsection (e), any person importing a covered product manufactured or produced outside the United States shall provide to U.S. Customs and Border Protection a declaration that— (A) the person has made appropriate inquiry as to whether the manufacturer or producer of the covered product has complied with the requirements of this section, including by seeking appropriate documentation from the exporter of the covered product and by consulting the registry established pursuant to subsection (b); and (B) to the best of the person’s knowledge, with respect to each importation of a covered product, the foreign manufacturer or producer of the product has registered an agent in the United States as required under subsection (a). (2) Electronic submission Not later than 1 year after the date of the enactment of this Act, the Commissioner of U.S. Customs and Border Protection shall establish a mechanism whereby declarations made pursuant to paragraph (1) may be submitted electronically and maintained as an electronic record within the data management systems of U.S. Customs and Border Protection. (3) Regulations (A) In general Not later than 1 year after the date of the enactment of this Act, the Commissioner of U.S. Customs and Border Protection shall prescribe regulations to carry out this subsection. (B) Summary declaration The regulations required by subparagraph (A) shall require that each declaration of an importer made pursuant to paragraph (1) with respect to a covered product shall accompany the entry summary documentation for such product or, in the case of repeated transactions, may be submitted on an annual basis. (4) Penalties Any person who fails to provide a declaration required under paragraph (1), or files a false declaration, shall be subject to any appropriate penalty under section 592 of the Tariff Act of 1930 ( 19 U.S.C. 1592 ) or title 18, United States Code, with respect to importation of a covered product. (e) Regulations (1) In general Not later than 1 year after the date of the enactment of this Act, the Secretary of Commerce, the Commissioner of U.S. Customs and Border Protection, and each head of an applicable agency shall prescribe regulations to carry out this section, including the establishment of minimum values and quantities under subsection (a)(4). (2) Interagency cooperation The Secretary of Commerce, the Commissioner responsible for U.S. Customs and Border Protection, and each head of an applicable agency shall cooperate and consult with one another for the purpose of— (A) prescribing consistent regulations to the extent necessary for the effective and efficient sharing of information and establishment of systems and procedures necessary to carry out this section; and (B) establishing minimum values and quantities under subsection (a)(4), and to the extent advisable and practicable for the purpose of establishing consistent minimum requirements. 6. Study on registration of agents of foreign food producers authorized to accept service of process in the United States Not later than 1 year after the date of the enactment of this Act, the Secretary of Agriculture and the Commissioner of Food and Drugs shall jointly— (1) complete a study on the feasibility and advisability of requiring foreign producers of food distributed in commerce to establish a registered agent in the United States who is authorized to accept service of process on behalf of such producers for the purpose of all civil and regulatory actions in State and Federal courts; and (2) submit to Congress a report on the findings of the Secretary with respect to such study. 7. Study on registration of agents of foreign manufacturers and producers of component parts within covered products Not later than 2 years after the date of the enactment of this Act, the head of each applicable agency shall— (1) complete a study on determining feasible and advisable methods of requiring manufacturers or producers of component parts within covered products manufactured or produced outside the United States and distributed in commerce to establish registered agents in the United States who are authorized to accept service of process on behalf of such manufacturers or producers for the purpose of all civil and regulatory actions in State and Federal courts; and (2) submit to Congress a report on the findings of the head of the applicable agency with respect to the study. 8. Relationship with other laws Nothing in this Act shall affect the authority of any State to establish or continue in effect a provision of State law relating to service of process or personal jurisdiction, except to the extent that such provision of law is inconsistent with the provisions of this Act, and then only to the extent of such inconsistency. | https://www.govinfo.gov/content/pkg/BILLS-113hr1910ih/xml/BILLS-113hr1910ih.xml |
113-hr-1911 | I 113th CONGRESS 1st Session H. R. 1911 IN THE HOUSE OF REPRESENTATIVES May 9, 2013 Mr. Kline (for himself and Ms. Foxx ) introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committee on the Budget , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Higher Education Act of 1965 to establish interest rates for new loans made on or after July 1, 2013.
1. Short title This Act may be cited as the Smarter Solutions for Students Act . 2. Interest rates Section 455(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(b) ) is amended— (1) in paragraph (7)— (A) in the paragraph heading, by inserting , and before July 1, 2013 after 2006 ; (B) in subparagraph (A), by inserting and before July 1, 2013, after 2006, ; (C) in subparagraph (B), by inserting and before July 1, 2013, after 2006, ; and (D) in subparagraph (C), by inserting and before July 1, 2013, after 2006, ; (2) by redesignating paragraphs (8) and (9) as paragraphs (9) and (10), respectively; and (3) by inserting after paragraph (7), the following: (8) Interest rate provision for new loans on or after July 1, 2013 (A) Rates for fdsl and fdusl Notwithstanding the preceding paragraphs of this subsection, for Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans for which the first disbursement is made on or after July 1, 2013, 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— (i) the high-yield 10-year Treasury notes auctioned at the final auction held prior to such June 1; plus (ii) 2.5 percent, except that such rate shall not exceed 8.5 percent. (B) PLUS Loans Notwithstanding the preceding paragraphs of this subsection, for any Federal Direct PLUS Loan for which the first disbursement is made on or after July 1, 2013, 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— (i) the high-yield 10-year Treasury notes auctioned at the final auction held prior to such June 1; plus (ii) 4.5 percent, except that such rate shall not exceed 10.5 percent. (C) Consolidation Loans Notwithstanding the preceding paragraphs of this subsection, any Federal Direct Consolidation Loan for which the application is received on or after July 1, 2013, 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. . 3. Budgetary effects (a) Paygo scorecard The budgetary effects of this Act shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010. (b) Senate paygo scorecard The budgetary effects of this Act shall not be entered on any PAYGO scorecard maintained for purposes of section 201 of S. Con. Res. 21 (110th Congress). | https://www.govinfo.gov/content/pkg/BILLS-113hr1911ih/xml/BILLS-113hr1911ih.xml |
113-hr-1912 | I 113th CONGRESS 1st Session H. R. 1912 IN THE HOUSE OF REPRESENTATIVES May 9, 2013 Mr. Coffman introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committees on House Administration and Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Patient Protection and Affordable Care Act to provide for participation in the Exchange of the President, Vice President, Members of Congress, political appointees, and Congressional staff.
1. Short title This Act may be cited as the Affordable Care Accountability Act of 2013 . 2. Participation of President, Vice President, Members of Congress, political appointees, and Congressional staff in the exchange (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 to read as follows: (D) President, Vice President, political appointees, Members of Congress, and Congressional staff in the Exchange (i) In general Notwithstanding chapter 89 of title 5, United States Code, or any provision of this title— (I) the President, the Vice President, each political appointee, each Member of Congress, and each Congressional employee shall be treated as a qualified individual entitled to the right under this paragraph to enroll in a qualified health plan in the individual market offered through an Exchange in the State in which the individual resides; and (II) any employer contribution under such chapter on behalf of the President, the Vice President, any political appointee, any Member of Congress, and any Congressional employee may be paid only to the issuer of a qualified health plan in which the individual enrolled through such Exchange and not to the issuer of a plan offered through the Federal employees health benefit program under such chapter. (ii) Payments by Federal government The Secretary, in consultation with the Director of the Office of Personnel Management, shall establish procedures under which— (I) the employer contributions under such chapter on behalf of the President, the Vice President, each political appointee, each Member of Congress, and each Congressional employee are determined and actuarially adjusted for individual or family coverage, rating areas, and age (in accordance with clauses (i) through (iii) of section 2701(a)(1)(A) of the Public Health Service Act); and (II) the employer contributions may be made directly to an Exchange for payment to an issuer. (iii) Political appointee In this subparagraph, the term political appointee means any individual who— (I) is employed in a position described under sections 5312 through 5316 of title 5, United States Code, (relating to the Executive Schedule); (II) is a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5, United States Code; or (III) is employed in a position in the executive branch of the Government of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations. (iv) Congressional employee In this subparagraph, the term Congressional employee means an employee whose pay is disbursed by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives. . (b) Effective date The amendment made by this section shall take effect as if included in the enactment of the Patient Protection and Affordable Care Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1912ih/xml/BILLS-113hr1912ih.xml |
113-hr-1913 | I 113th CONGRESS 1st Session H. R. 1913 IN THE HOUSE OF REPRESENTATIVES May 9, 2013 Mr. Johnson of Georgia (for himself, Ms. Jackson Lee , Mr. Engel , Mr. Conyers , and Mr. Chabot ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To provide for greater transparency in and user control over the treatment of data collected by mobile applications and to enhance the security of such data.
1. Short title This Act may be cited as the Application Privacy, Protection, and Security Act of 2013 or the APPS Act of 2013 . 2. Transparency, user control, and security (a) Consent to terms and conditions (1) In general Before a mobile application collects personal data about a user of the application, the developer of the application shall— (A) provide the user with notice of the terms and conditions governing the collection, use, storage, and sharing of the personal data; and (B) obtain the consent of the user to such terms and conditions. (2) Required content The notice required by paragraph (1)(A) shall include the following: (A) The categories of personal data that will be collected. (B) The categories of purposes for which the personal data will be used. (C) The categories of third parties with which the personal data will be shared. (D) A data retention policy that governs the length for which the personal data will be stored and the terms and conditions applicable to storage, including a description of the rights of the user under subsection (b) and the process by which the user may exercise such rights. (3) Additional specifications and flexibility The Commission shall by regulation specify the format, manner, and timing of the notice required by paragraph (1)(A). In promulgating the regulations, the Commission shall consider how to ensure the most effective and efficient communication to the user regarding the treatment of personal data. (4) Direct access to data by third parties For purposes of this Act, if the developer of a mobile application allows a third party to access personal data collected by the application, such personal data shall be considered to be shared with the third party, whether or not such personal data are first transmitted to the developer. (b) Withdrawal of consent The developer of a mobile application shall— (1) provide a user of the application with a means of— (A) notifying the developer that the user intends to stop using the application; and (B) requesting the developer— (i) to refrain from any further collection of personal data through the application; and (ii) at the option of the user, either— (I) to the extent practicable, to delete any personal data collected by the application that is stored by the developer; or (II) to refrain from any further use or sharing of such data; and (2) within a reasonable and appropriate time after receiving a request under paragraph (1)(B), comply with such request. (c) Security of personal data and de-Identified data The developer of a mobile application shall take reasonable and appropriate measures to prevent unauthorized access to personal data and de-identified data collected by the application. (d) Exception Nothing in this Act prohibits the developer of a mobile application from disclosing or preserving personal data or de-identified data as required by— (1) other Federal law (including a court order); or (2) except as provided in section 6, the law of a State or a political subdivision of a State (including a court order). 3. Application and enforcement (a) General application The requirements of this Act and the regulations promulgated under this Act apply, according to their terms, to those persons, partnerships, and corporations over which the Commission has authority pursuant to section 5(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(2) ). (b) Enforcement by Federal Trade Commission (1) Unfair or deceptive acts or practices A violation of this Act or a regulation promulgated under this Act shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (2) Powers of Commission The Commission shall enforce this Act and the regulations promulgated under this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any person who violates this Act or a regulation promulgated under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. (c) Actions by States (1) In general In any case in which the attorney general of a State, or an official or agency of a State, has reason to believe that an interest of the residents of such State has been or is threatened or adversely affected by an act or practice in violation of this Act or a regulation promulgated under this Act, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate district court of the United States to— (A) enjoin such act or practice; (B) enforce compliance with this Act or such regulation; (C) obtain damages, restitution, or other compensation on behalf of residents of the State; or (D) obtain such other legal and equitable relief as the court may consider to be appropriate. (2) Notice Before filing an action under this subsection, the attorney general, official, or agency of the State involved shall provide to the Commission a written notice of such action and a copy of the complaint for such action. If the attorney general, official, or agency determines that it is not feasible to provide the notice described in this paragraph before the filing of the action, the attorney general, official, or agency shall provide written notice of the action and a copy of the complaint to the Commission immediately upon the filing of the action. (3) Authority of Commission (A) In general On receiving notice under paragraph (2) of an action under this subsection, the Commission shall have the right— (i) to intervene in the action; (ii) upon so intervening, to be heard on all matters arising therein; and (iii) to file petitions for appeal. (B) Limitation on State action while Federal action is pending If the Commission or the Attorney General of the United States has instituted a civil action for violation of this Act or a regulation promulgated under this Act (referred to in this subparagraph as the Federal action ), no State attorney general, official, or agency may bring an action under this subsection during the pendency of the Federal action against any defendant named in the complaint in the Federal action for any violation of this Act or such regulation alleged in such complaint. (4) Rule of construction For purposes of bringing a civil action under this subsection, nothing in this Act shall be construed to prevent an attorney general, official, or agency of a State from exercising the powers conferred on the attorney general, official, or agency by the laws of such State to conduct investigations, administer oaths and affirmations, or compel the attendance of witnesses or the production of documentary and other evidence. 4. Regulations Not later than 1 year after the date of the enactment of this Act, the Commission shall promulgate regulations in accordance with section 553 of title 5, United States Code, to implement and enforce this Act. 5. Safe harbor (a) In general The developer of a mobile application may satisfy the requirements of this Act and the regulations promulgated under this Act by adopting and following a code of conduct for consumer data privacy (insofar as such code relates to data collected by a mobile application) that— (1) was developed in a multistakeholder process convened by the National Telecommunications and Information Administration, as described in the document issued by the President on February 23, 2012, entitled Consumer Data Privacy in a Networked World: A Framework for Protecting Privacy and Promoting Innovation in the Global Digital Economy ; and (2) the Commission has approved as meeting the requirements of the regulations promulgated under section 4. (b) Regulations The Commission shall promulgate regulations in accordance with section 553 of title 5, United States Code, to govern the consideration and approval of codes of conduct under subsection (a)(2). 6. Relationship to State law This Act and the regulations promulgated under this Act supercede a provision of law of a State or a political subdivision of a State only to the extent that such provision— (1) conflicts with this Act or such regulations, as determined without regard to section 2(d)(2); (2) specifically relates to the treatment of personal data or de-identified data; and (3) provides a level of transparency, user control, or security in the treatment of personal data or de-identified data that is less than the level provided by this Act and such regulations. 7. Preservation of FTC authority Nothing in this Act may be construed in any way to limit or affect the authority of the Commission under any other provision of law. 8. Definitions In this Act: (1) Commission The term Commission means the Federal Trade Commission. (2) De-identified data The term de-identified data means data that cannot reasonably be used to identify or infer information about, or otherwise be linked to, a particular individual or mobile device, as determined with a reasonable level of justified confidence based on the available methods and technologies, the nature of the data at issue, and the purposes for which the data will be used. (3) Developer The term developer shall have the meaning given such term by the Commission by regulation. (4) Mobile application The term mobile application means a software program that— (A) runs on the operating system of a mobile device; and (B) collects data from a user. (5) Mobile device The term mobile device means a smartphone, tablet computer, or similar portable computing device that transmits data over a wireless connection. (6) Personal data The term personal data shall have the meaning given such term by the Commission by regulation, except that such term shall not include de-identified data. (7) State The term State means each of the several States, the District of Columbia, each commonwealth, territory, or possession of the United States, and each federally recognized Indian tribe. (8) Third party The term third party means, with respect to the developer of an application, an entity that holds itself out to the public as separate from the developer such that a user of the application acting reasonably under the circumstances would not expect the entity to be related to the developer or to have access to personal data the user provides to the developer. Such term includes an affiliate of the developer unless the affiliation is reasonably clear to users of the application. 9. Effective date This Act shall apply with respect to any collection, use, storage, or sharing of personal data or de-identified data that occurs after the date that is 30 days after the promulgation of final regulations under section 4. | https://www.govinfo.gov/content/pkg/BILLS-113hr1913ih/xml/BILLS-113hr1913ih.xml |
113-hr-1914 | I 113th CONGRESS 1st Session H. R. 1914 IN THE HOUSE OF REPRESENTATIVES May 9, 2013 Ms. Hahn introduced the following bill; which was referred to the Committee on the Judiciary A BILL To ban guns for persons who have been convicted of stalking or who are subject to a court order restraining the person from stalking.
1. Short title This Act may be cited as the Preventing Victims of Stalking Act of 2013 . 2. Prohibitions (a) Sales or other dispositions of firearms or ammunition Section 922(d) of title 18, United States Code, is amended in the 1st sentence, by striking paragraphs (8) and (9) and inserting the following: (8) is subject to a court order that restrains the person from harassing, stalking, or threatening an individual or engaging in other conduct that would place an individual in reasonable fear of bodily injury, except that this paragraph shall only apply to a court order that— (A) was issued after a hearing of which the person received actual notice, and at which the person had the opportunity to participate; and (B) (i) includes a finding that the person represents a credible threat to the physical safety of the individual; or (ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against the individual that would reasonably be expected to cause bodily injury; or (9) has been convicted in any court of a misdemeanor crime of domestic violence or of stalking (as defined under State law). . (b) Possession, etc., of firearms or ammunition Section 922(g) of such title is amended by striking paragraphs (8) and (9) and inserting the following:: (8) who is subject to a court order that— (A) was issued after a hearing of which the person received actual notice, and at which the person had an opportunity to participate; (B) restrains the person from harassing, stalking, or threatening an individual or engaging in other conduct that would place an individual in reasonable fear of bodily injury; and (C) (i) includes a finding that the person represents a credible threat to the physical safety of the individual; or (ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against the individual that would reasonably be expected to cause bodily injury; or (9) who has been convicted in any court of a misdemeanor crime of domestic violence or of stalking (as defined under State law), . (c) Effective date The amendments made by this section shall apply to conduct engaged after the 90-day period that begins with the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1914ih/xml/BILLS-113hr1914ih.xml |
113-hr-1915 | I 113th CONGRESS 1st Session H. R. 1915 IN THE HOUSE OF REPRESENTATIVES May 9, 2013 Mr. Engel (for himself, Mr. Burgess , Mr. King of New York , Ms. McCollum , and Ms. Pingree of Maine ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To provide grants to better understand and reduce gestational diabetes, and for other purposes.
1. Short title This Act may be cited as the Gestational Diabetes Act of 2013 or the GEDI Act . 2. Gestational diabetes Part B of title III of the Public Health Service Act ( 42 U.S.C. 243 et seq. ) is amended by inserting after section 317H the following: 317H–1. Gestational diabetes (a) Understanding and monitoring gestational diabetes (1) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, in consultation with the Diabetes Mellitus Interagency Coordinating Committee established under section 429 and representatives of appropriate national health organizations, shall develop a multisite gestational diabetes research project within the diabetes program of the Centers for Disease Control and Prevention to expand and enhance surveillance data and public health research on gestational diabetes. (2) Areas to be addressed The research project developed under paragraph (1) shall address— (A) procedures to establish accurate and efficient systems for the collection of gestational diabetes data within each State and commonwealth, territory, or possession of the United States; (B) the progress of collaborative activities with the National Vital Statistics System, the National Center for Health Statistics, and State health departments with respect to the standard birth certificate, in order to improve surveillance of gestational diabetes; (C) postpartum methods of tracking women with gestational diabetes after delivery as well as targeted interventions proven to lower the incidence of type 2 diabetes in that population; (D) variations in the distribution of diagnosed and undiagnosed gestational diabetes, and of impaired fasting glucose tolerance and impaired fasting glucose, within and among groups of women; and (E) factors and culturally sensitive interventions that influence risks and reduce the incidence of gestational diabetes and related complications during childbirth, including cultural, behavioral, racial, ethnic, geographic, demographic, socioeconomic, and genetic factors. (3) Report Not later than 2 years after the date of the enactment of this section, and annually thereafter, the Secretary shall generate a report on the findings and recommendations of the research project including prevalence of gestational diabetes in the multisite area and disseminate the report to the appropriate Federal and non-Federal agencies. (b) Expansion of gestational diabetes research (1) In General The Secretary shall expand and intensify public health research regarding gestational diabetes. Such research may include— (A) developing and testing novel approaches for improving postpartum diabetes testing or screening and for preventing type 2 diabetes in women with a history of gestational diabetes; and (B) conducting public health research to further understanding of the epidemiologic, socioenvironmental, behavioral, translation, and biomedical factors and health systems that influence the risk of gestational diabetes and the development of type 2 diabetes in women with a history of gestational diabetes. (2) Authorization of Appropriations There is authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2014 through 2018. (c) Demonstration grants To lower the rate of gestational diabetes (1) In General The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall award grants, on a competitive basis, to eligible entities for demonstration projects that implement evidence-based interventions to reduce the incidence of gestational diabetes, the recurrence of gestational diabetes in subsequent pregnancies, and the development of type 2 diabetes in women with a history of gestational diabetes. (2) Priority In making grants under this subsection, the Secretary shall give priority to projects focusing on— (A) helping women who have one or more risk factors for developing gestational diabetes; (B) working with women with a history of gestational diabetes during a previous pregnancy; (C) providing postpartum care for women with gestational diabetes; (D) tracking cases where women with a history of gestational diabetes developed type 2 diabetes; (E) educating mothers with a history of gestational diabetes about the increased risk of their child developing diabetes; (F) working to prevent gestational diabetes and prevent or delay the development of type 2 diabetes in women with a history of gestational diabetes; and (G) achieving outcomes designed to assess the efficacy and cost-effectiveness of interventions that can inform decisions on long-term sustainability, including third-party reimbursement. (3) Application An eligible entity desiring to receive a grant under this subsection shall submit to the Secretary— (A) an application at such time, in such manner, and containing such information as the Secretary may require; and (B) a plan to— (i) lower the rate of gestational diabetes during pregnancy; or (ii) develop methods of tracking women with a history of gestational diabetes and develop effective interventions to lower the incidence of the recurrence of gestational diabetes in subsequent pregnancies and the development of type 2 diabetes. (4) Uses of Funds An eligible entity receiving a grant under this subsection shall use the grant funds to carry out demonstration projects described in paragraph (1), including— (A) expanding community-based health promotion education, activities, and incentives focused on the prevention of gestational diabetes and development of type 2 diabetes in women with a history of gestational diabetes; (B) aiding State- and tribal-based diabetes prevention and control programs to collect, analyze, disseminate, and report surveillance data on women with, and at risk for, gestational diabetes, the recurrence of gestational diabetes in subsequent pregnancies, and, for women with a history of gestational diabetes, the development of type 2 diabetes; and (C) training and encouraging health care providers— (i) to promote risk assessment, high-quality care, and self-management for gestational diabetes and the recurrence of gestational diabetes in subsequent pregnancies; and (ii) to prevent the development of type 2 diabetes in women with a history of gestational diabetes, and its complications in the practice settings of the health care providers. (5) Report Not later than 4 years after the date of the enactment of this section, the Secretary shall prepare and submit to the Congress a report concerning the results of the demonstration projects conducted through the grants awarded under this subsection. (6) Definition of Eligible Entity In this subsection, the term eligible entity means a nonprofit organization (such as a nonprofit academic center or community health center) or a State, tribal, or local health agency. (7) Authorization of Appropriations There is authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2014 through 2018. (d) Postpartum follow-Up regarding gestational diabetes The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall work with the State- and tribal-based diabetes prevention and control programs assisted by the Centers to encourage postpartum follow-up after gestational diabetes, as medically appropriate, for the purpose of reducing the incidence of gestational diabetes, the recurrence of gestational diabetes in subsequent pregnancies, the development of type 2 diabetes in women with a history of gestational diabetes, and related complications. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1915ih/xml/BILLS-113hr1915ih.xml |
113-hr-1916 | I 113th CONGRESS 1st Session H. R. 1916 IN THE HOUSE OF REPRESENTATIVES May 9, 2013 Mr. Tipton (for himself, Mr. Graves of Missouri , Mr. Mulvaney , Mr. Chabot , Mr. Hanna , Mr. Collins of New York , Mr. Coffman , Mr. Hinojosa , and Ms. Chu ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To require the collection of up-to-date information on tariff and non-tariff laws, regulations, and practices of foreign countries affecting exports of United States goods and services, and for other purposes.
1. Short title This Act may be cited as the Transparent Rules Allow Direct Exporting for Small Businesses and Jobs Act or TRADE for Small Businesses and Jobs Act . 2. Foreign tariff and non-tariff laws, regulations, and practices affecting exports of United States goods and services (a) Purpose The purpose of this section is to assist exporters of United States goods and services to access new markets in foreign countries. (b) Collection of information The Secretary of Commerce shall, in consultation with the United States Trade Representative and the Secretary of State, collect information on changes in tariff and non-tariff laws, regulations, and practices of foreign countries affecting exports of United States goods and services other than United States agricultural commodities. (c) Availability of information (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Commerce shall make available the information collected under subsection (b) to United States exporters on the Web site Export.gov or a successor Web site. (2) Format The information collected under subsection (b) shall be presented in a clear and easy-to-understand format to allow United States exporters to better understand and comply with tariff and non-tariff laws, regulations, and practices of foreign countries described in subsection (b). (3) Update The Secretary of Commerce shall update the information collected under subsection (b) on the Web site Export.gov or a successor Web site not less than once every 60 days after the date on which the Secretary of Commerce makes available the information collected under subsection (b). | https://www.govinfo.gov/content/pkg/BILLS-113hr1916ih/xml/BILLS-113hr1916ih.xml |
113-hr-1917 | I 113th CONGRESS 1st Session H. R. 1917 IN THE HOUSE OF REPRESENTATIVES May 9, 2013 Mr. Rush introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committees on Ways and Means , Energy and Commerce , the Judiciary , Financial Services , Oversight and Government Reform , and Agriculture , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To lift the trade embargo on Cuba, and for other purposes.
1. Short title This Act may be cited as the United States-Cuba Normalization Act of 2013 . 2. Findings Congress finds that— (1) with the end of the cold war and the collapse of the Soviet Union, Cuba is no longer a threat to the United States or the Western Hemisphere; (2) the continuation of the embargo on trade between the United States and Cuba that was declared in 1962 is not fulfilling the purpose for which it was established; (3) in the former Soviet Union, the Eastern bloc countries, China, and Vietnam, the United States is using diplomatic, economic, cultural, academic, and scientific engagement to support its policy of promoting democratic and human rights reforms; (4) extension to Cuba of unconditional normal trade relations treatment would assist Cuba in developing its economy based on free market principles and becoming competitive in the global marketplace; (5) the United States can best support democratic change and human rights in Cuba by promoting trade and commerce, travel, communications, and cultural, academic, and scientific exchanges; (6) expanding bilateral trade relations is likely to promote further progress in Cuba on human rights and democratic rule and assist Cuba in adopting regional and world trading rules and principles; and (7) Cuba was one of the founding members of the General Agreement on Tariffs and Trade in 1947 and is an original member of the World Trade Organization, and extension of unconditional normal trade relations treatment to Cuba would enable the United States to avail itself of all rights under the World Trade Organization with respect to Cuba. 3. Removal of provisions restricting trade and other relations with Cuba (a) Authority for Embargo and Sugar Quota Section 620(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)) is repealed. (b) Trading With the Enemy Act The authorities conferred upon the President by section 5(b) of the Trading With the Enemy Act, which were being exercised with respect to Cuba on July 1, 1977, as a result of a national emergency declared by the President before that date, and are being exercised on the day before the effective date of this Act, may not be exercised on or after such effective date with respect to Cuba. Any regulations in effect on the day before such effective date pursuant to the exercise of such authorities shall cease to be effective on such date. (c) Exercise of Authorities Under Other Provisions of Law (1) Removal of prohibitions Any prohibition on exports to Cuba that is in effect on the day before the effective date of this Act under the Export Administration Act of 1979 (as continued in effect under the International Emergency Economic Powers Act) shall cease to be effective on such effective date. (2) Authority for new restrictions The President may, on and after the effective date of this Act— (A) impose export controls with respect to Cuba under section 5, 6(j), 6(l), or 6(m) of the Export Administration Act of 1979 (as continued in effect under the International Emergency Economic Powers Act); and (B) exercise the authorities the President has under the International Emergency Economic Powers Act with respect to Cuba pursuant to a declaration of national emergency required by that Act that is made on account of an unusual and extraordinary threat, that did not exist before the enactment of this Act, to the national security, foreign policy, or economy of the United States. (d) Cuban Democracy Act The Cuban Democracy Act of 1992 (22 U.S.C. 6001 and following) is repealed. (e) Repeal of Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (1) Repeal The Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 is repealed. (2) Conforming amendments (A) Section 498A of the Foreign Assistance Act of 1961 (22 U.S.C. 2295a) is amended— (i) in subsection (a)(11) by striking and intelligence facilities, including the military and intelligence facilities at Lourdes and Cienfuegos, and inserting facilities, ; (ii) in subsection (b)— (I) in paragraph (4), by adding and after the semicolon; (II) by striking paragraph (5); and (III) by redesignating paragraph (6) as paragraph (5); and (iii) by striking subsection (d). (B) Section 498B(k) of the Foreign Assistance Act of 1961 (22 U.S.C. 2295b(k)) is amended by striking paragraphs (3) and (4). (C) Section 1611 of title 28, United States Code, is amended by striking subsection (c). (D) Sections 514 and 515 of the International Claims Settlement Act of 1949 (22 U.S.C. 1643l and 1643m) are repealed. (f) Trade Sanctions Reform and Export Enhancement Act of 2000 The Trade Sanctions Reform and Export Enhancement Act of 2000 ( 22 U.S.C. 7201 et seq. ) is amended— (1) in section 906(a)(1) ( 22 U.S.C. 7205(a)(1) )— (A) by striking Cuba, ; and (B) by inserting (other than Cuba) after to the government of a country ; (2) in section 908 ( 22 U.S.C. 7207 )— (A) by striking subsection (b); (B) in subsection (a)— (i) by striking Prohibition and all that follows through (1) In general.— and inserting In General.— ; (ii) by striking for exports to Cuba or ; (iii) by striking paragraph (2); and (iv) by redesignating paragraph (3) as subsection (b) (and conforming the margin accordingly); and (C) in subsection (b) (as redesignated), by striking paragraph (1) and inserting subsection (a) ; (3) by striking section 909 ( 22 U.S.C. 7208 ); (4) by striking section 910 ( 22 U.S.C. 7209 ); and (5) by redesignating section 911 as section 909. (g) Repeal of Prohibition on Transactions or Payments With Respect to Certain United States Intellectual Property Section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999 (as contained in section 101(b) of division A of Public Law 105–277 ; 112 Stat. 2681–88) is repealed. (h) Termination of Denial of Foreign Tax Credit With Respect to Cuba Subparagraph (A) of section 901(j)(2) of the Internal Revenue Code of 1986 (relating to denial of foreign tax credit, etc., with respect to certain foreign countries) is amended by adding at the end the following new flush sentence: Notwithstanding the preceding sentence, this subsection shall not apply to Cuba after the date which is 60 days after the date of the enactment of this sentence. . (i) Sugar Quota Prohibition Under Food Security Act of 1985 Section 902(c) of the Food Security Act of 1985 is repealed. 4. Telecommunications equipment and facilities Any common carrier within the meaning of section 3 of the Communications Act of 1934 (47 U.S.C. 153) is authorized to install, maintain, and repair telecommunications equipment and facilities in Cuba, and otherwise provide telecommunications services between the United States and Cuba. The authority of this section includes the authority to upgrade facilities and equipment. 5. Travel (a) In General Travel to and from Cuba by individuals who are citizens or residents of the United States, and any transactions ordinarily incident to such travel, may not be regulated or prohibited if such travel would be lawful in the United States. (b) Transactions Incident to Travel Any transactions ordinarily incident to travel which may not be regulated or prohibited under subsection (a) include, but are not limited to— (1) transactions ordinarily incident to travel or maintenance in Cuba; and (2) normal banking transactions involving foreign currency drafts, traveler’s checks, or other negotiable instruments incident to such travel. 6. Direct mail delivery to Cuba The United States Postal Service shall take such actions as are necessary to provide direct mail service to and from Cuba, including, in the absence of common carrier service between the 2 countries, the use of charter providers. 7. Negotiations with Cuba (a) Negotiations The President should take all necessary steps to conduct negotiations with the Government of Cuba— (1) for the purpose of settling claims of nationals of the United States against the Government of Cuba for the taking of property by such government; and (2) for the purpose of securing the protection of internationally recognized human rights. (b) Definitions As used in this section, the terms national of the United States and property have the meanings given those terms in section 502 of the International Claims Settlement Act of 1949 ( 22 U.S.C. 1643a ). 8. Extension of nondiscriminatory trade treatment (a) Sense of Congress (1) In general It is the sense of the Congress that— (A) the United States should promote democratic change and economic reform by normalizing trade relations with Cuba; and (B) upon the enactment of this Act, it will no longer be necessary for the United States to continue to use article XXI of the GATT 1994 with respect to Cuba, understanding that the President retains full authority to invoke article XXI of the GATT 1994 and comparable provisions in other Uruguay Round Agreements in the future in all appropriate circumstances. (2) Definitions In this section, the term GATT 1994 and Uruguay Round Agreements have the meanings given those terms in section 2 of the Uruguay Round Agreements Act ( 19 U.S.C. 3501 ). (b) Extension of nondiscriminatory treatment to the products of cuba (1) Harmonized tariff schedule amendments General note 3(b) of the Harmonized Tariff Schedule of the United States is amended— (A) by striking to section 401 of the Tariff Classification Act of 1962, ; and (B) by striking Cuba . (2) Repeal of section 401 of the tariff classification act of 1962 Section 401 of the Tariff Classification Act of 1962 (76 Stat. 78) is repealed. (3) Termination of application of title iv of the trade act of 1974 to cuba (A) Extension of nondiscriminatory treatment Nondiscriminatory treatment (normal trade relations treatment) shall apply to the products of Cuba. (B) Termination of application of title iv Title IV of the Trade Act of 1974 (19 U.S.C. 2101 et seq.) shall cease to apply to Cuba. (4) Effective date This section, and the amendments and repeal made by this section, shall apply with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the effective date of this Act. (c) Report to congress The President shall submit to the Congress, not later than 18 months after the date of the enactment of this Act, a report on trade relations between the United States and Cuba. 9. Prohibition on limiting annual remittances (a) In general Except as provided in subsection (b), the Secretary of the Treasury may not limit the amount of remittances to Cuba that may be made by any person who is subject to the jurisdiction of the United States, and the Secretary shall rescind all regulations in effect on the date of enactment of this Act that so limit the amount of those remittances. (b) Statutory construction Nothing in subsection (a) may be construed to prohibit the prosecution or conviction of any person committing an offense described in section 1956 of title 18, United States Code (relating to the laundering of monetary instruments) or section 1957 of such title (relating to engaging in monetary transactions in property derived from specific unlawful activity). 10. Removal of Cuba from State Sponsors of Terrorism List (a) In general Notwithstanding the provisions of law described in subsection (b), any determination of the Secretary of State in effect on the date of the enactment of this Act that the Government of Cuba has repeatedly provided support for acts of international terrorism pursuant to such provisions of law is hereby rescinded. (b) Provisions of law described The provisions of law referred to in subsection (a) are section 620A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371 ), section 40 of the Arms Export Control Act ( 22 U.S.C. 2780 ), and section 6(j) of the Export Administration Act of 1979 ( 50 U.S.C. App. 2405(j) ). (c) Effective date This section shall take effect on the effective date of this Act. 11. Statement of policy calling for release of Alan Phillip Gross (a) Findings Congress finds the following: (1) The Government of Cuba has signed the International Covenant on Civil and Political Rights. (2) On November 23, 2012, the United Nations Human Rights Council’s Working Group on Arbitrary Detention published Opinion No. 69/2012 stating The imprisonment of Mr. Alan Phillip Gross by the justice system of the Republic of Cuba is arbitrary. . (b) Statement of policy It shall be the policy of the United States to— (1) call for the immediate and unconditional release of United States citizen Alan Phillip Gross; and (2) urge the Government of Cuba in the meantime to provide all appropriate diagnostic and medical treatment to address the full range of medical issues facing Mr. Gross and to allow him to choose a doctor to provide him with an independent medical assessment. 12. Effective date This Act and the amendments made by this Act shall take effect— (1) 60 days after the date of the enactment of this Act, or (2) 60 days after the date on which the President certifies to Congress that United States citizen Alan Phillip Gross has been released from the custody of the Government of Cuba, whichever occurs later. | https://www.govinfo.gov/content/pkg/BILLS-113hr1917ih/xml/BILLS-113hr1917ih.xml |
113-hr-1918 | I 113th CONGRESS 1st Session H. R. 1918 IN THE HOUSE OF REPRESENTATIVES May 9, 2013 Mr. Latham (for himself, Mr. Kind , Mr. Young of Alaska , Mr. Marino , Mr. Hinojosa , Mr. Dent , Mr. Holt , Mr. Loebsack , Mrs. Capito , Mr. Bishop of Georgia , Mr. Clay , Mr. Bonner , Ms. Linda T. Sánchez of California , Mr. Hastings of Florida , Mr. King of New York , Mr. Roskam , Mr. Schrader , Mr. Gene Green of Texas , Mr. Johnson of Ohio , Mr. Gardner , Mrs. Napolitano , Mr. David Scott of Georgia , Mr. Alexander , Mr. Graves of Missouri , Mr. LoBiondo , Mr. Griffin of Arkansas , Ms. Moore , Mr. Polis , Mr. Simpson , Mr. Bishop of New York , Ms. DeGette , Mr. Long , Mr. Lance , and Mr. Massie ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to reduce the tax on beer to its pre-1991 level, and for other purposes.
1. Short title This Act may be cited as the Brewers Excise and Economic Relief Act of 2013 . 2. Repeal of 1990 tax increase on beer (a) In general Paragraph (1) of section 5051(a) of the Internal Revenue Code of 1986 (relating to imposition and rate of tax on beer) is amended by striking $18 and inserting $9 . (b) Effective date The amendment made by subsection (a) shall take effect on the date of the enactment of this Act. 3. Tax relief for small breweries (a) In general Subparagraph (A) of section 5051(a)(2) of the Internal Revenue Code of 1986 (relating to a reduced rate of tax for certain domestic production) is amended by striking shall be and all that follows and inserting shall be— (i) 0 on the first 15,000 barrels of beer which are removed in such year for consumption or sale and which have been brewed or produced by such brewer at qualified breweries in the United States, and (ii) $3.50 on so much of such beer as exceeds 15,000 barrels but does not exceed 60,000 barrels. . (b) Conforming amendment Subparagraph (B) of such section is amended by striking the 60,000 barrel quantity and inserting the 15,000 and 60,000 barrel quantities . (c) Effective date The amendments made by this section shall apply to calendar years beginning after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1918ih/xml/BILLS-113hr1918ih.xml |
113-hr-1919 | I 113th CONGRESS 1st Session H. R. 1919 IN THE HOUSE OF REPRESENTATIVES May 9, 2013 Mr. Latta (for himself, Mr. Matheson , Mr. Upton , Mr. Dingell , Mr. Cassidy , Mrs. Blackburn , Mr. McKinley , Mr. Rogers of Michigan , Mr. Burgess , Mr. Shimkus , Mr. Guthrie , Mr. Johnson of Ohio , and Mr. Schneider ) 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 with respect to the pharmaceutical distribution supply chain, and for other purposes.
1. Short title (a) Short title This Act may be cited as the Safeguarding America’s Pharmaceuticals Act of 2013 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Pharmaceutical distribution supply chain. Sec. 3. Enhanced drug distribution security. Sec. 4. National standards for wholesale distributors. Sec. 5. National licensure standards for third-party logistics providers. Sec. 6. Penalties. Sec. 7. Uniform national policy. Sec. 8. Electronic labeling requirement. 2. Pharmaceutical distribution supply chain Chapter V of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 351 et seq. ) is amended by adding at the end the following: H Pharmaceutical Distribution Supply Chain 581. Definitions In this subchapter: (1) Authorized The term authorized means— (A) in the case of a manufacturer or repackager, having a valid registration in accordance with section 510; and (B) in the case of a wholesale distributor, third-party logistics provider, or dispenser, licensed (as defined in this section). (2) Dispenser The term dispenser — (A) subject to subparagraph (B), means a retail pharmacy, hospital pharmacy, a group of chain pharmacies under common ownership and control that do not act as a wholesale distributor, or any other person authorized by law to dispense or administer prescription drugs and the affiliated warehouses or distribution centers of such persons under common ownership and control that do not act as a wholesale distributor; and (B) does not include a person who only dispenses prescription drug product to be used in animals in accordance with section 512(a)(5). (3) Disposition The term disposition , with respect to a prescription drug product within the possession and control of an entity— (A) means the removal of such prescription drug product, or taking measures to prevent the introduction of such prescription drug product, from the pharmaceutical distribution supply chain; and (B) may include disposal, return of the prescription drug product for disposal, or other appropriate handling and other actions such as retaining a sample of the prescription drug product for additional physical examination or laboratory analysis by a manufacturer or regulatory or law enforcement agency. (4) Distribute or distribution The terms distribute and distribution mean the sale, purchase, trade, delivery, handling, or storage of a prescription drug product. (5) Illegitimate prescription drug product The term illegitimate prescription drug product means a prescription drug product which a manufacturer has confirmed— (A) is counterfeit, diverted, or stolen; (B) is intentionally adulterated such that the prescription drug product would result in serious adverse health consequences or death to humans; or (C) is otherwise unfit for distribution such that the prescription drug product is reasonably likely to cause serious adverse human health consequences or death. (6) Licensed The term licensed means— (A) in the case of a wholesale distributor, having a valid license to make wholesale distributions consistent with the standards under section 583; (B) in the case of a third-party logistics provider, having a valid license to engage in the activities of a third-party logistics provider in accordance with section 584; and (C) in the case of a dispenser, having a valid license to dispense prescription drugs under State law. (7) Manufacturer The term manufacturer means, with respect to a prescription drug product— (A) a person that holds an application approved under section 505 or a license issued under section 351 of the Public Health Service Act for such prescription drug product, or if such prescription drug product is not the subject of an approved application or license, the person who manufactured the prescription drug product; (B) a co-licensed partner of the person described in subparagraph (A) that obtains the prescription drug product directly from the person described in such subparagraph; or (C) a person that— (i) is a member of an affiliated group (as defined in section 1504(a) of the Internal Revenue Code of 1986) to which a person described in subparagraph (A) or (B) is also a member; and (ii) receives the prescription drug product directly from a person described in subparagraph (A) or (B). (8) Package (A) In general The term package means the smallest individual saleable unit of prescription drug product for distribution in interstate commerce by a manufacturer or repackager that is intended by the manufacturer for ultimate sale to the dispenser of such prescription drug product. (B) Individual saleable unit The term individual saleable unit means the smallest container of prescription drug product introduced into interstate commerce by the manufacturer or repackager that is intended by the manufacturer for individual sale to a dispenser. (9) Prescription drug The term prescription drug means a drug for human use subject to section 503(b)(1). (10) Prescription drug product The term prescription drug product means a prescription drug in a finished dosage form for administration to a patient without substantial further manufacturing (such as capsules, tablets, and lyophilized prescription drug products before reconstitution). (11) Prescription drug product identifier The term prescription drug product identifier means a standardized graphic that— (A) includes the standardized numerical identifier, lot number, and expiration date of a prescription drug product; and (B) is in both human-readable form and on a machine-readable data carrier that conforms to the standards developed by a widely recognized international standards development organization. (12) Quarantine The term quarantine means to store or identify a product, for the purpose of preventing distribution or transfer of the product, in a physically separate area clearly identified for such use, or through use of other procedures such as automated designation. (13) Repackager The term repackager means a person who owns or operates an establishment that repacks and relabels a prescription drug product or package for further sale or distribution. (14) Return The term return means providing prescription drug product to the authorized trading partner or trading partners from which such prescription drug product was purchased, or to a returns processor for handling of such prescription drug product. (15) Returns processor The terms returns processor mean a person who owns or operates an establishment that provides for the disposition of or otherwise processes saleable and nonsaleable prescription drug product received from an authorized trading partner such that the prescription drug product may be processed for credit to the purchaser, manufacturer, seller, or disposed of for no further distribution. (16) Specific patient need The term specific patient need — (A) means with respect to the transfer of a prescription drug product from one pharmacy to another, to fill a prescription for an identified patient; and (B) does not include the transfer of a prescription drug product from one pharmacy to another for the purpose of increasing or replenishing stock in anticipation of a potential need. (17) Standardized numerical identifier The term standardized numerical identifier means a set of numbers or characters that— (A) is used to uniquely identify each package or homogenous case of the prescription drug product; and (B) is composed of the National Drug Code that corresponds to the specific prescription drug product (including the particular package configuration) combined with a unique alphanumeric serial number of up to 20 characters. (18) Suspect prescription drug product The term suspect prescription drug product means a prescription drug product for which there is reason to believe that such prescription drug product— (A) is potentially counterfeit, diverted, or stolen; (B) is potentially intentionally adulterated such that the prescription drug product would result in serious adverse health consequences or death to humans; or (C) appears otherwise unfit for distribution such that the prescription drug product would result in serious adverse health consequences or death to humans. (19) Third-party logistics provider The term third-party logistics provider means an entity that provides or coordinates warehousing, distribution, or other logistics services of a prescription drug product in interstate commerce on behalf of a manufacturer, wholesale distributor, or dispenser of a prescription drug product, but does not take ownership of the prescription drug product, nor have responsibility to direct the sale or disposition of, the prescription drug product. (20) Trading partner The term trading partner means— (A) a manufacturer, repackager, wholesale distributor, or dispenser from whom a manufacturer, repackager, wholesale distributor, or dispenser accepts ownership of a prescription drug product or to whom a manufacturer, repackager, wholesale distributor, or dispenser transfers ownership of a prescription drug product; or (B) a third-party logistics provider from whom a manufacturer, repackager, wholesale distributor, or dispenser accepts possession of a prescription drug product or to whom a manufacturer, repackager, wholesale distributor, or dispenser transfers possession of a prescription drug product. (21) Transaction (A) In general The term transaction means the transfer in interstate commerce of prescription drug product between persons in which a change of ownership occurs. (B) Exemptions The term transaction does not include— (i) intracompany distribution of any prescription drug product between members of an affiliated group (as defined in section 1504(a) of the Internal Revenue Code of 1986); (ii) the distribution of a prescription drug product among hospitals or other health care entities that are under common control; (iii) the distribution of a prescription drug product for emergency medical reasons including a public health emergency declaration pursuant to section 319 of the Public Health Service Act, except that a drug shortage not caused by a public health emergency shall not constitute an emergency medical reason; (iv) the dispensing of a prescription drug product pursuant to a valid prescription executed in accordance with section 503(b)(1); (v) the distribution of prescription drug product samples by a manufacturer or a licensed wholesale distributor in accordance with section 503(d); (vi) the distribution of blood or blood components intended for transfusion; (vii) the distribution of minimal quantities of prescription drug product by a licensed retail pharmacy to a licensed practitioner for office use; (viii) the distribution of a prescription drug product by a charitable organization to a nonprofit affiliate of the organization to the extent otherwise permitted by law; (ix) the distribution of a prescription drug product pursuant to the sale or merger of a pharmacy or pharmacies or a wholesale distributor or wholesale distributors, except that any records required to be maintained for the prescription drug product shall be transferred to the new owner of the pharmacy or pharmacies or wholesale distributor or wholesale distributors; (x) the dispensing of a prescription drug product approved under section 512(b); (xi) the transfer of prescription drug products to or from any facility that is licensed by the Nuclear Regulatory Commission or by a State pursuant to an agreement with such Commission under section 274 of the Atomic Energy Act of 1954 (42 U.S.C. 2021); (xii) the distribution of a combination product that consists of— (I) a product comprised of two or more components that are each a drug, biological product, or device and that are physically, chemically, or otherwise combined or mixed and produced as a single entity; (II) two or more separate products packaged together in a single package or as a unit and comprised of a drug and device or a device and biological product; or (III) two or more finished devices plus one or more drug or biological products which are packaged together in a medical convenience kit described in clause (xiv); (xiii) the distribution of a medical convenience kit which is a collection of finished products (consisting of devices or drugs) assembled in kit form strictly for the convenience of the purchaser or user if— (I) the medical convenience kit is assembled in an establishment that is registered with the Food and Drug Administration as a medical device manufacturer; (II) the person who manufacturers the medical convenience kit purchased the prescription drug product directly from the manufacturer or from a wholesale distributor that purchased the prescription drug product directly from the manufacturer; (III) the person who manufacturers the medical convenience kit does not alter the primary container or label of the prescription drug product as purchased from the manufacturer or wholesale distributor; (IV) the medical convenience kit does not contain a controlled substance (as defined in section 102 of the Controlled Substances Act); and (V) the prescription drug products contained in the medical convenience kit are— (aa) intravenous solutions intended for the replenishment of fluids and electrolytes; (bb) drugs intended to maintain the equilibrium of water and minerals in the body; (cc) drugs intended for irrigation or reconstitution; (dd) anesthetics; (ee) anticoagulants; (ff) vasopressors; or (gg) sympathicomimetics; (xiv) the distribution of an intravenous prescription drug product that, by its formulation, is intended for the replenishment of fluids and electrolytes (such as sodium, chloride, and potassium) or calories (such as dextrose and amino acids); (xv) the distribution of an intravenous prescription drug product used to maintain the equilibrium of water and minerals in the body, such as dialysis solutions; (xvi) the distribution of a prescription drug product that is intended for irrigation or reconstitution, or sterile water, whether intended for such purposes or for injection; or (xvii) the distribution of compressed medical gas. (C) Compressed medical gas For purposes of subparagraph (B)(xviii), the term compressed medical gas means any substance in its gaseous or cryogenic liquid form that meets medical purity standards and has application in a medical or homecare environment, including oxygen and nitrous oxide. (22) Transaction history The term transaction history means a statement that— (A) includes the transaction information for each transaction conducted with respect to a prescription drug product beginning with the manufacturer or initial purchase distributor for each prior transaction going back to the manufacturer of the prescription drug product or to the initial purchase distributor; and (B) is in paper or electronic form. (23) Transaction information The term transaction information means— (A) the proprietary or established name or names of the prescription drug product; (B) the strength and dosage form of the prescription drug product; (C) the National Drug Code number of the prescription drug product; (D) the container size; (E) the number of containers; (F) the lot number of the prescription drug product; (G) the date of the transaction; (H) the business name and address of the person from whom ownership is being transferred; and (I) the business name and address of the person to whom ownership is being transferred. (24) Transaction statement The transaction statement is a statement, which states that the manufacturer, repackager, wholesale distributor, third-party logistics provider, or dispenser transferring ownership in a transaction— (A) is authorized; (B) received transaction information and a transaction statement as required under section 582 from the prior owner of the prescription drug product; (C) did not knowingly and intentionally ship an illegitimate prescription drug product; (D) did not knowingly and intentionally provide false transaction information; and (E) did not knowingly and intentionally alter the transaction history. (25) Verification and verify The terms verification and verify — (A) mean determining whether the prescription drug product identifier affixed to, or imprinted upon, a package or homogeneous case of the prescription drug product corresponds to the standardized numerical identifier or lot number, and expiration date assigned to the prescription drug product by the manufacturer or the repackager, as applicable; and (B) include making the determination under subparagraph (A) using human-readable or machine-readable methods. (26) Wholesale distributor The term wholesale distributor — (A) means a person engaged in wholesale distribution (as defined in section 583); and (B) excludes— (i) a manufacturer, a co-licensed partner of a manufacturer, or a third-party logistics provider, or a dispenser who does not engage in such wholesale distribution; (ii) a repackager engaged in such wholesale distribution; or (iii) the distribution of prescription drug product or an offer to distribute prescription drug product by an authorized repackager that has taken ownership or possession of the prescription drug product and repacked the prescription drug product in accordance with the requirements of section 582(e). 582. Requirements (a) In general (1) Compliance required An entity that is a manufacturer, repackager, wholesale distributor, third-party logistics provider, or dispenser shall comply with the requirements of this section. If an entity meets the definition of more than one of the entities referred to in the preceding sentence, such entity shall comply with all applicable requirements of this section, but shall not be required to comply with duplicative requirements. (2) Standards The Secretary shall, in consultation with other appropriate Federal officials, manufacturers, repackagers, wholesale distributors, third-party logistics providers, and dispensers, establish, by regulation, standards for the exchange of transaction information for purposes of complying with this section. The standards established under this paragraph shall be in accordance with a form developed by a widely recognized international standards development organization. In establishing such standards, the Secretary shall consider the feasibility of establishing standardized documentation to be used by all members of the pharmaceutical distribution supply chain to convey the transaction history and transaction statement to the subsequent owner of a prescription drug product. The Secretary shall publish such standards not later than 180 days after the date of the enactment of the Safeguarding America’s Pharmaceuticals Act of 2013 . (3) Waivers, exceptions, and exemptions Not later than one year after the date of the enactment of the Safeguarding America’s Pharmaceuticals Act of 2013 , the Secretary shall promulgate a regulation to— (A) establish a process by which the Secretary may grant, at the request of an authorized manufacturer, repackager, wholesale distributor, or dispenser, a waiver from any of the requirements of this section— (i) if the Secretary determines that such requirements would result in an undue economic hardship; or (ii) for emergency medical reasons, including a public health emergency declaration pursuant to section 319 of the Public Health Service Act; (B) establish a process, with respect to the prescription drug product identifier requirement under paragraph (2) of subsections (b), (c), (d), and (e) through which— (i) a manufacturer or repackager may request a waiver with respect to prescription drug products that are packaged in a container too small or otherwise unable to accommodate a label with sufficient space to bear the information required for compliance with such requirement; and (ii) the Secretary determines whether to waive such requirement; and (C) establish a process by which the Secretary may add the prescription drug products or transactions that are exempt from the requirements of this section. (4) Grandfathered persons and prescription drug products (A) In general Not later than one year after the date of the enactment of the Safeguarding America’s Pharmaceuticals Act of 2013 , the Secretary shall specify, by regulation, whether and under what circumstances the prescription drug product identifier requirement under paragraph (2) of subsections (b), (c), (d), and (e) shall apply to a prescription drug product that is in the supply chain on the date of the enactment of the Safeguarding America’s Pharmaceuticals Act of 2013 . (B) Third-party logistics provider licenses Until the date that is 1 year after the effective date of the third-party logistics provider licensing requirements under section 584, a third-party logistics provider shall be considered licensed under section 581(6)(B) unless the Secretary has made a finding that the third-party logistics provider does not utilize good handling and distribution practices and publishes notice thereof. (C) Label changes Changes made to package labels solely to incorporate the prescription drug product identifier may be submitted to the Secretary in the annual report of an establishment, in accordance with section 314.70(d) of chapter 21, Code of Federal Regulations (or any successor regulation). (b) Manufacturer requirements (1) Prescription drug product tracing (A) In general Beginning not later than January 1, 2015, a manufacturer shall— (i) prior to, or at the time of, each transaction in which such manufacturer transfers ownership of a prescription drug product, provide the subsequent owner with the transaction history and a transaction statement; and (ii) maintain the transaction information for each such transaction for not less than 3 years after the date of the transaction. (B) Requests for information Upon a request by the Secretary or other appropriate Federal or State official, in the event of a recall or for the purpose of investigating a suspect prescription drug product or an illegitimate prescription drug product, a manufacturer shall, not later than 2 business days after receiving the request or in such reasonable time as determined by the Secretary, provide to the Secretary or other official, the applicable transaction history and transaction statement for the prescription drug product. (2) Prescription drug product identifier Beginning not later than 5 years after the date of the enactment of the Safeguarding America’s Pharmaceuticals Act of 2013 , a manufacturer shall affix or imprint a prescription drug product identifier on each package and homogenous case of a prescription drug product intended to be introduced in a transaction. Such manufacturer shall maintain a copy of the prescription drug product identifier for such prescription drug product for not less than 3 years after the date of the transaction. (3) Authorized trading partners Beginning not later than January 1, 2015, a manufacturer shall ensure that each of its trading partners is authorized. (4) List of authorized distributors of record Beginning not later than January 1, 2015, each manufacturer of a prescription drug shall— (A) maintain a list of the authorized distributors of record of such drug at the corporate offices of such manufacturer; (B) make such list publicly available, including placement on the Internet Website of such manufacturer; and (C) update such list not less than once per quarter. (5) Verification Beginning not later than January 1, 2015, a manufacturer shall implement systems and processes to enable the manufacturer to comply with the following requirements: (A) Suspect prescription drug product (i) In general Upon making a determination that a prescription drug product in the possession or control of the manufacturer is a suspect prescription drug product, or upon receiving a request for verification from the Secretary that a prescription drug product within the possession or control of a manufacturer is a suspect prescription drug product, a manufacturer shall promptly conduct an investigation in coordination with trading partners, as applicable, to determine whether the prescription drug product is an illegitimate prescription drug product. Beginning not later than 5 years after the date of the enactment of the Safeguarding America’s Pharmaceuticals Act of 2013 , such investigation shall include— (I) verifying the prescription drug product at the package level; (II) validating any applicable transaction history in the possession of the manufacturer; and (III) otherwise investigating to determine whether the prescription drug product is an illegitimate prescription drug product. (ii) Cleared prescription drug product If the manufacturer determines that a suspect prescription drug product is not an illegitimate prescription drug product, the manufacturer shall promptly notify the Secretary of such determination and such prescription drug product may be further distributed. (iii) Records A manufacturer shall keep records of its investigation of a suspect prescription drug product for not less than 3 years after the conclusion of the investigation. (B) Illegitimate prescription drug product (i) In general Upon determining that a prescription drug product in the possession or control of a manufacturer is an illegitimate prescription drug product, the manufacturer shall— (I) quarantine such prescription drug product from prescription drug product intended for distribution; and (II) provide for the disposition of the illegitimate prescription drug product. (ii) Trading partner Upon determining that a prescription drug product in the possession or control of a trading partner is an illegitimate prescription drug product, the manufacturer shall take reasonable steps to assist a trading partner to provide for the disposition of the illegitimate prescription drug product. (iii) Making a notification Upon determining that a prescription drug product in the possession or control of the manufacturer is an illegitimate prescription drug product, the manufacturer shall notify the Secretary of such determination not later than 24 hours after making such determination. The Secretary shall determine whether additional trading partner notification is appropriate. (iv) Responding to a notification Upon the receipt of a notification from the Secretary that a determination has been made that a prescription drug product is an illegitimate prescription drug product, a manufacturer shall— (I) identify all illegitimate prescription drug products that are subject to such notification and in the possession or control of the manufacturer, including any prescription drug product that is subsequently received; and (II) perform the activities described in clause (i). (v) Records A manufacturer shall keep records of the disposition of an illegitimate prescription drug product for not less than 3 years after the conclusion of the disposition. (C) Electronic database A manufacturer may satisfy the requirements of this paragraph through the use of a secure electronic database developed and operated by the manufacturer or another entity. The owner of such database shall establish the requirements and processes to respond to requests and may provide for data access to other members of the pharmaceutical distribution supply chain, as appropriate. The development and operation of such a database shall not relieve a manufacturer of the requirement under this paragraph to respond to a verification request submitted by means other than a secure electronic database. (D) Returned prescription drug product Beginning not later than 5 years after the date of the enactment of the Safeguarding America’s Pharmaceuticals Act of 2013 , upon receipt of a returned prescription drug product that the manufacturer intends to further distribute, before further distributing such prescription drug product, the manufacturer shall— (i) verify the prescription drug product identifier for each sealed homogeneous case of such prescription drug product; or (ii) if such prescription drug product is not in a sealed homogeneous case, verify the prescription drug product identifier on each package. (c) Wholesale distributor requirements (1) Prescription drug product tracing (A) In general Beginning not later than April 1, 2015, a wholesale distributor shall— (i) not accept ownership of a prescription drug product unless the previous owner prior to, or at the time of, the transaction provides the applicable transaction history and a transaction statement for the prescription drug product; (ii) prior to, or at the time of, each transaction in which the wholesale distributor transfers ownership of a prescription drug product— (I) in the case that the wholesale distributor purchased the prescription drug product directly from the manufacturer, provide the subsequent owner with transaction history and a transaction statement for the prescription drug product; or (II) in the case that the wholesale distributor did not purchase the prescription drug product directly from the manufacturer, the exclusive distributor of the manufacturer, or a repackager that purchased directly from the manufacturer, provide the subsequent owner with transaction history beginning with the wholesale distributor that did purchase the product directly from the manufacturer, the exclusive distributor of the manufacturer, or a repackager that purchased directly from the manufacturer; (iii) notwithstanding clause (ii), if the wholesale distributor purchased the prescription drug product directly from the manufacturer, its exclusive distributor, or a repackager that purchased directly from the manufacturer or its authorized distributor of record— (I) provide an initial purchase transaction statement on the invoice to the customer, stating that the wholesale distributor purchased the prescription drug product package directly from the manufacturer, exclusive distributor, or repackager; (II) make available to the immediate subsequent recipient of such prescription drug product the information required under clause (ii) through any combination of self-generated paper, electronic data, or manufacturer provided information on the prescription drug product package; and (III) for purposes of subclauses (I) and (II), need not include any transactions occurring before the transfer of the prescription drug product to the wholesale distributor; and (iv) maintain the transaction information for each transaction described in clauses (i) and (ii) for not less than 3 years after the transaction. (B) Returns exception (i) Saleable returns Notwithstanding subparagraph (A), a wholesale distributor may— (I) accept returned prescription drug product without a transaction history from a dispenser; and (II) distribute such returned prescription drug product with a transaction history that begins with the wholesale distributor that so accepted the returned product. (ii) Nonsaleable returns A wholesale distributor may return a nonsaleable prescription drug to the manufacturer or repackager, to the wholesale distributor from whom such prescription drug was purchased, or to a person acting on behalf of such a person, including a returns processor, without providing the information required under subparagraph (A). (C) Requests for information Upon a request by the Secretary or other appropriate Federal or State official, in the event of a recall or for the purpose of investigating a suspect prescription drug product or an illegitimate prescription drug product a wholesale distributor shall, not later than 2 business days after receiving the request or in such other reasonable time as determined by the Secretary, provide the applicable transaction history and transaction statements for the prescription drug product. (2) Prescription drug product identifier Beginning not later than 7 years after the date of the enactment of the Safeguarding America’s Pharmaceuticals Act of 2013 , a wholesale distributor may engage in transactions involving a prescription drug product only if such prescription drug product is encoded with a prescription drug product identifier, except as provided in subsection (a)(4). (3) Authorized trading partners Beginning not later than January 1, 2015, a wholesale distributor shall ensure that each of its trading partners is authorized. (4) Verification Beginning not later than April 1, 2015, a wholesale distributor shall implement systems to enable the wholesale distributor to comply with the following requirements: (A) Suspect prescription drug product (i) In general Upon making a determination that a prescription drug product in the possession or control of the wholesale distributor is a suspect prescription drug product, or upon receiving a request for verification from the Secretary that a prescription drug product within the possession or control of a wholesale distributor is a suspect prescription drug product, a wholesale distributor shall promptly conduct an investigation to determine whether the prescription drug product is an illegitimate prescription drug product. Beginning not later than 7 years after the date of the enactment of the Safeguarding America’s Pharmaceuticals Act of 2013 , such investigation shall include— (I) verifying a package of the prescription drug product; (II) validating any applicable transaction history in the possession of the wholesale distributor; and (III) otherwise investigating to determine whether the prescription drug product is an illegitimate prescription drug product. (ii) Cleared prescription drug product If the wholesale distributor determines that a suspect prescription drug product is not an illegitimate prescription drug product, the wholesale distributor shall promptly notify the Secretary of such determination and such prescription drug product may be further distributed. (iii) Records A wholesale distributor shall keep records of its investigation of a suspect prescription drug product for not less than 3 years after the conclusion of the investigation. (B) Illegitimate prescription drug product (i) In general Upon receiving notice that a manufacturer of a prescription drug product has determined that a prescription drug product in the possession or control of a wholesale distributor is an illegitimate prescription drug product, the wholesale distributor shall— (I) quarantine such prescription drug product within the possession or control of the manufacturer from prescription drug product intended for distribution; and (II) provide for the disposition of the illegitimate prescription drug product within the possession or control of the wholesale distributor. (ii) Trading partner Upon determining that a prescription drug product in the possession or control of a trading partner is an illegitimate prescription drug product, the wholesale distributor shall take reasonable steps to assist a trading partner to provide for the disposition of the illegitimate prescription drug product. (iii) Making a notification Upon determining that a prescription drug product in the possession or control of the wholesale distributor is an illegitimate prescription drug product, the wholesale distributor shall notify the Secretary of such determination not later than 24 hours after making such determination. The Secretary shall determine whether additional trading partner notification is appropriate. (iv) Responding to a notification Upon the receipt of a notification from the Secretary that a determination has been made that a prescription drug product is an illegitimate prescription drug product, a wholesale distributor shall— (I) identify all illegitimate prescription drug product subject to such notification that is in the possession or control of the wholesale distributor, including any prescription drug product that is subsequently received; and (II) perform the activities described in clause (i). (v) Records A wholesale distributor shall keep records of the disposition of an illegitimate prescription drug product for not less than 3 years after the conclusion of the disposition. (C) Electronic database A wholesale distributor may satisfy the requirements of this paragraph through the use of a secure electronic database developed and operated by the manufacturer or another entity. The owner of such database shall establish the requirements and processes to respond to requests and may provide for data access to other members of the pharmaceutical distribution supply chain, as appropriate. The development and operation of such a database shall not relieve a wholesale distributor of the requirement under this paragraph to respond to a verification request submitted by means other than a secure electronic database. (D) Returned prescription drug product Beginning not later than 7 years after the date of the enactment of the Safeguarding America’s Pharmaceuticals Act of 2013 , upon receipt of a returned prescription drug product that the wholesale distributor intends to further distribute, before further distributing such prescription drug product, the wholesale distributor shall— (i) verify the prescription drug product identifier for each sealed homogeneous case of such prescription drug product; or (ii) if such prescription drug product is not in a sealed homogeneous case, verify the prescription drug product identifier on each package. (d) Dispenser requirements (1) Prescription drug product tracing (A) In general Beginning not later than July 1, 2015, a dispenser— (i) shall not accept ownership of a prescription drug product, unless the previous owner prior to, or at the time of, the transaction, provides transaction history and a transaction statement; (ii) prior to, or at the time of, each transaction in which the dispenser transfers ownership of a prescription drug product (but not including dispensing to a patient or returns) shall provide the subsequent owner with transaction history and a transaction statement for the prescription drug product, except that the requirements of this clause shall not apply to sales by a dispenser to another dispenser to fulfill a specific patient need; and (iii) shall maintain transaction information for a period of not less than 3 years after the date of the transaction. (B) Agreements with third parties A dispenser may enter into a written agreement with a third party, including an authorized wholesale distributor, under which the third party confidentially maintains the transaction information required to be maintained under this subsection on behalf of the dispenser. If a dispenser enters into such an agreement, the dispenser shall maintain a copy of the written agreement. (C) Returns exception (i) Saleable returns Notwithstanding subparagraph (A)(ii), a dispenser may return prescription drug product to the trading partner from which the dispenser obtained the prescription drug product without providing the information required under such subparagraph. (ii) Nonsaleable returns Notwithstanding subparagraph (A)(ii), a dispenser may return a nonsaleable prescription drug to the manufacturer or repackager, to the wholesale distributor from whom such prescription drug was purchased, to a returns processor, or to a person acting on behalf of such persons without providing the information required under such subparagraph. (D) Requests for information Upon a request by the Secretary or other appropriate Federal or State official, in the event of a recall or for the purpose of investigating a suspect prescription drug product or an illegitimate prescription drug product, a dispenser shall, not later than 2 business days after receiving the request or in another such reasonable time as determined by the Secretary, provide lot level transaction information. (2) Prescription drug product identifier Beginning not later than 8 years after the date of the enactment of the Safeguarding America’s Pharmaceuticals Act of 2013 , a dispenser may engage in transactions involving a prescription drug product only if such prescription drug product is encoded with a prescription drug product identifier, except as provided in subsection (a)(4). (3) Authorized trading partners Beginning not later than January 1, 2015, a dispenser shall ensure that each of its trading partners is authorized. (4) Verification Beginning not later than January 1, 2015, a dispenser shall implement systems to enable the dispenser to comply with the following requirements: (A) Suspect prescription drug product (i) In general Upon making a determination that a prescription drug product in the possession or control of the dispenser is a suspect prescription drug product, or upon receiving a request for verification from the Secretary that a prescription drug product within the possession or control of a dispenser is a suspect prescription drug product, a dispenser shall promptly conduct an investigation to determine whether the prescription drug product is an illegitimate prescription drug product. Such investigation shall include— (I) verifying whether the lot number of a suspect prescription drug product corresponds with the lot number for such prescription drug product; (II) beginning 8 years after the date of the enactment of the Safeguarding America’s Pharmaceuticals Act of 2013 , verifying that the product identifier of at least 3 packages or 10 percent of such suspect prescription drug product, whichever is greater, or all packages, if there are fewer than 3, corresponds with the prescription drug product identifier for such product; (III) validating any applicable transaction history in the possession of the dispenser; and (IV) otherwise investigating to determine whether the prescription drug product is an illegitimate prescription drug product. (ii) Cleared prescription drug product If the dispenser makes the determination that a suspect prescription drug product is not an illegitimate prescription drug product, the dispenser shall promptly notify the Secretary of such determination and such prescription drug product may be further dispensed. (iii) Records A dispenser shall keep records of its investigation of a suspect prescription drug product for not less than 3 years after the conclusion of the investigation. (B) Illegitimate prescription drug product (i) In general Upon receiving notice that a manufacturer of a prescription drug product has determined that a prescription drug product in the possession or control of a dispenser is an illegitimate prescription drug product, the dispenser shall— (I) quarantine such prescription drug product within the possession or control of the dispenser from prescription drug product intended for distribution; and (II) provide for the disposition of the illegitimate prescription drug product within the possession or control of the dispenser. (ii) Trading partners Upon determining that a prescription drug product in the possession or control of a trading partner is an illegitimate prescription drug product, the dispenser shall take reasonable steps to assist a trading partner to provide for the disposition of the illegitimate prescription drug product. (iii) Making a notification Upon determining that a prescription drug product in the possession or control of the dispenser is an illegitimate prescription drug product, the dispenser shall notify the Secretary of such determination not later than 24 hours after making such determination. The Secretary shall determine whether additional trading partner notification is appropriate. (iv) Responding to a notification Upon the receipt of a notification from the Secretary that a determination has been made that a prescription drug product is an illegitimate prescription drug product, a dispenser shall— (I) identify all illegitimate prescription drug products that are subject to such notification and in the possession or control of the dispenser, including any prescription drug product that is subsequently received; and (II) perform the activities described in clause (i). (v) Records A dispenser shall keep records of the disposition of an illegitimate prescription drug product for not less than 3 years after the conclusion of the disposition. (C) Electronic database A dispenser may satisfy the requirements of this paragraph through the use of a secure electronic database developed and operated by the manufacturer or another entity. The owner of such database shall establish the requirements and processes to enable responding to requests and may provide for data access to other members of the pharmaceutical distribution supply chain, as appropriate. The development and operation of such a database shall not relieve a dispenser of the requirement under this paragraph to respond to a verification request submitted by means other than a secure electronic database. (e) Repackager requirements (1) Prescription drug product tracing (A) In general Beginning not later than January 1, 2015, a repackager shall— (i) not accept ownership of a prescription drug product unless the previous owner, prior to, or at the time of, the transaction, provides transaction history and a transaction statement for the prescription drug product; (ii) prior to, or at the time of, each transaction in which the repackager transfers ownership of a prescription drug product, provide the subsequent owner with transaction history and a transaction statement; (iii) maintain the transaction information for each transaction described in clause (i) or (ii) for not less than 3 years after the transaction; and (iv) maintain records that allow the repackager to associate the prescription drug product identifier the repackager affixes or imprints with the prescription drug product identifier assigned by the original manufacturer of the prescription drug product. (B) Nonsaleable returns A repackager may return a nonsaleable prescription drug product to the manufacturer or repackager, to the wholesale distributor from whom such prescription drug product was purchased, or to a person acting on behalf of such a person, including a returns processor, without providing the information required under subparagraph (A)(ii). (C) Requests for information Upon a request by the Secretary or other appropriate Federal or State official, in the event of a recall or for the purpose of investigating a suspect prescription drug product or an illegitimate prescription drug product, a repackager shall, not later than 2 business days after receiving the request or in such other reasonable time as determined by the Secretary, provide the applicable transaction history and transaction statement for the prescription drug product. (2) Prescription drug product identifier Beginning not later than 6 years after the date of the enactment of the Safeguarding America’s Pharmaceuticals Act of 2013 , a repackager— (A) shall affix or imprint a prescription drug product identifier to each package and homogenous case of prescription drug product intended to be introduced in a transaction; (B) shall maintain the prescription drug product identifier for such prescription drug product for not less than 3 years after the date of the transaction; and (C) may engage in transactions involving a prescription drug product only if such prescription drug product is encoded with a prescription drug product identifier except as provided in subsection (a)(4). (3) Authorized trading partners Beginning on January 1, 2015, a repackager shall ensure that each of its trading partners is authorized. (4) Verification Beginning not later than January 1, 2015, a repackager shall implement systems to enable the repackager to comply with the following requirements: (A) Suspect prescription drug product (i) In general Upon making a determination that a prescription drug product in the possession or control of the repackager is a suspect prescription drug product, or upon receiving a request for verification from the Secretary that a prescription drug product within the possession or control of a repackager is a suspect prescription drug product, a repackager shall promptly conduct an investigation to determine whether the prescription drug product is an illegitimate prescription drug product, including— (I) beginning not later than 6 years after the date of the enactment of the Safeguarding America’s Pharmaceuticals Act of 2013 , verifying the prescription drug product at the package level; (II) validating any applicable transaction information in the possession of the repackager; and (III) otherwise investigating to determine whether the prescription drug product is an illegitimate prescription drug product. (ii) Cleared prescription drug product If the repackager determines that a suspect prescription drug product is not an illegitimate prescription drug product, the repackager shall promptly notify the Secretary of such determination and such prescription drug product may be further distributed. (iii) Records A repackager shall keep records of its investigation of a suspect prescription drug product for not less than 3 years after the conclusion of the investigation. (B) Illegitimate prescription drug product (i) In general Upon receiving notice that a manufacturer of a prescription drug product has determined that a prescription drug product in the possession or control of a repackager is an illegitimate prescription drug product, the repackager shall— (I) quarantine such prescription drug product within the possession or control of the repackager from prescription drug product intended for distribution; and (II) provide for the disposition of the illegitimate prescription drug product within the possession or control of the repackager. (ii) Trading partner Upon determining that a prescription drug product in the possession or control of a trading partner is an illegitimate prescription drug product, the repackagers shall take reasonable steps to assist the trading partner to provide for the disposition of the illegitimate prescription drug product. (iii) Making a notification Upon determining that a prescription drug product in the possession or control of the repackager is an illegitimate prescription drug product, the repackager shall notify the Secretary of such determination not later than 24 hours after making such determination. The Secretary shall determine whether additional trading partner notification is appropriate. (iv) Responding to a notification Upon the receipt of a notification from the Secretary that a determination has been made that a prescription drug product is an illegitimate prescription drug product, a repackager shall— (I) identify all illegitimate prescription drug products that are subject to such notification and in the possession or control of the repackager, including any prescription drug product that is subsequently received; and (II) perform the activities described in clause (i). (v) Records A repackager shall keep records of the disposition of an illegitimate prescription drug product for not less than 3 years after the conclusion of the disposition. (C) Electronic database A repackager may satisfy the requirements of this paragraph through the use of a secure electronic database developed and operated by the manufacturer or another entity. The owner of such database shall establish the requirements and processes to respond to requests and may provide for data access to other members of the pharmaceutical distribution supply chain, as appropriate. The development and operation of such a database shall not relieve a repackager of the requirement under this paragraph to respond to a verification request submitted by means other than a secure electronic database. (D) Returned prescription drug product Beginning not later than 6 years after the date of the enactment of the Safeguarding America’s Pharmaceuticals Act of 2013 , upon receipt of a returned prescription drug product that the repackager intends to further distribute, before further distributing such prescription drug product, the repackager shall— (i) verify the prescription drug product identifier for each sealed homogeneous case of such prescription drug product; or (ii) if such prescription drug product is not in a sealed homogeneous case, verify the prescription drug product identifier on each package. (f) Third-Party logistics provider requirements (1) Authorized trading partners Beginning on January 1, 2015, a third-party logistics provider shall ensure that each of its trading partners is authorized. (2) Verification Beginning not later than January 1, 2015, a third-party logistics provider shall implement systems to enable the third-party logistics provider to comply with the following requirements: (A) Suspect prescription drug product (i) In general Upon making a determination that a prescription drug product in the possession or control of a third-party logistics provider is a suspect prescription drug product, a third-party logistics provider shall promptly notify the owner of such prescription drug product of the need to conduct an investigation to determine whether the prescription drug product is an illegitimate prescription drug product. (ii) Cleared prescription drug product If the owner of the prescription drug product notifies the third-party logistics provider of the determination that a suspect prescription drug product is not an illegitimate prescription drug product, such prescription drug product may be further distributed. (iii) Records A third-party logistics provider shall keep records of the activities described in clauses (i) and (ii) with respect to a suspect prescription drug product for not less than 3 years after the conclusion of the investigation. (B) Illegitimate prescription drug product (i) In general Upon receiving notice that a manufacturer of a prescription drug product has determined that a prescription drug product in the possession or control of a third-party logistics provider is an illegitimate prescription drug product, the third-party logistics provider shall— (I) quarantine such prescription drug product within the possession or control of the third-party logistics provider from prescription drug product intended for distribution; (II) promptly notify the owner of such prescription drug product of the need to provide for the disposition of such prescription drug product; and (III) promptly transfer possession of the prescription drug product to the owner of such prescription drug product to provide for the disposition of the prescription drug product. (ii) Making a notification Upon determining that a prescription drug product in the possession or control of the third-party logistics provider is an illegitimate prescription drug product, the third-party logistics provider shall notify the Secretary not later than 24 hours after making such determination. The Secretary shall determine whether additional trading partner notification is appropriate. (iii) Responding to a notification Upon the receipt of a notification from the Secretary, a third-party logistics provider shall— (I) identify all illegitimate prescription drug product subject to such notification that is in the possession or control of the third-party logistics provider, including any prescription drug product that is subsequently received; and (II) perform the activities described in clause (i). (iv) Records A third-party logistics provider shall keep records of the activities described in clauses (i) and (ii) with respect to an illegitimate prescription drug product for not less than 3 years after the conclusion of the disposition. (g) Drop shipments This section does not apply to any entity, notwithstanding its status as a wholesale distributor or repackager, or other status that is not involved in the physical handling, distribution, or storage of a prescription drug product. For purposes of this subsection, facilitating the distribution of a prescription drug product by providing various administrative services, including processing of orders and payments, shall not, by itself, be construed as being involved in the handling, distribution, or storage of a prescription drug product. . 3. Enhanced drug distribution security (a) Pilot projects (1) In general Not later than 2 years after the date of the enactment of this Act, the Secretary shall establish one or more pilot projects in coordination with manufacturers, repackagers, wholesale distributors, third-party logistics providers, and dispensers to explore and evaluate methods to enhance the safety and security of the pharmaceutical distribution supply chain. (2) Content (A) In general The Secretary shall ensure that the pilot projects under paragraph (1) collectively— (i) reflect the diversity of the pharmaceutical distribution supply chain; and (ii) include participants representative of every sector within the pharmaceutical distribution supply chain, including participants representative of small businesses. (B) Project design The pilot projects shall be designed to— (i) utilize the prescription drug product identifier for tracing of a prescription drug product, which utilization may include— (I) verification of the prescription drug product identifier of a prescription drug product; and (II) the use of aggregation and inference; (ii) improve the technical capabilities of each sector within the pharmaceutical supply chain to comply with systems and processes needed to utilize the prescription drug product identifiers to enhance tracing of a prescription drug product; and (iii) conduct such other activities as the Secretary determines appropriate to explore and evaluate methods to enhance the safety and security of the pharmaceutical distribution supply chain. (b) Public meetings (1) In general Not later than 6 months after the date of the enactment of this Act, and at least every 6 months thereafter until the submission of the report required by subsection (d)(2), the Secretary shall hold a public meeting to enhance the safety and security of the pharmaceutical distribution supply chain. In conducting such meetings, the Secretary shall take all measures reasonable and practicable to ensure the protection of confidential commercial information and trade secrets. (2) Content In conducting meetings under this subsection, the Secretary shall seek to address, in at least one such meeting, each of the following topics: (A) Best practices in each of the sectors within the pharmaceutical distribution supply chain to implement the requirements of section 582 of the Federal Food, Drug, and Cosmetic Act, as added by section 2. (B) The costs and benefits of implementation of such section 582, including the impact on each pharmaceutical distribution supply chain sector and on public health. (C) Whether additional electronic traceability requirements, including tracing of prescription drug product at the package level, are feasible, cost effective, overly burdensome on small businesses, and needed to protect public health. (D) The systems and processes needed to utilize the prescription drug product identifiers to enhance tracing of prescription drug product at the package level. (E) The technical capabilities and legal authorities, if any, needed to establish an electronic system that provides for enhanced tracing of prescription drug product at the package level. (F) The impact that the requirements, systems, processes, capabilities, and legal authorities referred to in subparagraphs (C), (D), and (E) would have on patient safety, the drug supply, cost and regulatory burden, the timeliness of patient access to prescription drugs, and small businesses. (c) Study of the pharmaceutical distribution supply chain (1) In general The Comptroller General of the United States shall conduct a study to examine implementation of the requirements established under subchapter H of chapter V of the Federal Food, Drug, and Cosmetic Act, as added by section 2, in order to inform the regulations promulgated under this section. (2) Consideration In conducting the study under this subsection, the Comptroller General shall provide for stakeholder input and shall consider the following: (A) The implementation of the requirements established under such subchapter H with respect to— (i) the ability of the health care system collectively to maintain patient access to medicines; (ii) the scalability of such requirements, including with respect to prescription drug product lines; and (iii) the capability of different sectors within the pharmaceutical distribution supply chain, including small businesses, to affix and utilize the prescription drug product identifier. (B) The need for additional legal authorities and activities to address additional gaps in the pharmaceutical distribution supply chain, if any, after the implementation of the requirements established under such subchapter H with respect to— (i) the systems and processes needed to enhance tracing of prescription drug product at the package level; (ii) the impact, feasibility, and cost effectiveness that additional requirements pursuant to this section would have on each pharmaceutical distribution supply chain sector and the public health; and (iii) the systems and processes needed to enhance interoperability among trading partners. (C) Risks to the security and privacy of data collected, maintained, or exchanged pursuant to the requirements established under such subchapter H. (d) Small dispensers (1) In general Not later than 10 years after the date of the enactment of this Act, the Secretary shall enter into a contract with a private, independent consulting firm with relevant expertise to conduct a technology and software study on the feasibility of dispensers that have 25 or fewer full-time employees conducting interoperable, electronic tracing of prescription drug products at the package level. (2) Condition As a condition of the award of a contract under paragraph (1), the private independent consulting firm awarded such contract shall agree to consult with dispensers that have 25 or fewer full-time employees when conducting the study under such subparagraph. (3) Study content The study conducted under paragraph (1) shall assess whether, with respect to conducting interoperable, electronic tracing of prescription drug products at the package level, the necessary hardware and software— (A) is readily accessible to such dispensers; (B) is not prohibitively expensive to obtain, install and maintain for such dispensers; and (C) can be integrated into business practices, such as interoperability with wholesale distributors, for such dispensers. (4) Publication The Secretary shall publish— (A) the statement of work for the study conducted under paragraph (1) for public comment not later than 30 days before commencing the study; and (B) the final version of such study for public comment not later than 30 days after such study is completed. (5) Report to Congress Not later than 30 days after the date on which the study conducted under paragraph (1) is completed, the Secretary 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 findings of the study and any recommendations to improve the technology and software available to small dispensers for purposes of conducting electronic, interoperable tracing of prescription drug products at the package level. (6) Public meeting Not later than 180 days after the date on which the study conducted under paragraph (1) is completed, the Secretary shall hold a public meeting at which members of the public, including stakeholders, may present their views on the study. (e) Reports (1) GAO report Not later than 12 years after the date of the enactment of this Act, the Comptroller General 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 results of the study conducted under subsection (c). (2) FDA report Not later than 12 years after the date of the enactment of this Act, the Secretary 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 results of the pilot program conducted under subsection (a), taking into consideration— (A) the comments received during the public meetings conducted under subsection (b); and (B) the results of the study conducted, and the public comments received during the public meeting held, under subsection (d). (f) Establishment of additional requirements (1) In general Notwithstanding any other provision of this Act, including the amendments made by this Act, not earlier than January 1, 2027, and not later than March 1, 2027, the Secretary shall issue proposed regulations that establish additional requirements to prevent a suspect product, illegitimate product, or a product that is counterfeit, stolen, diverted, or otherwise unfit for distribution from entering into or being further distributed in the supply chain, including— (A) requirements related to the use of interoperable electronic systems and technologies for enhanced tracing of prescription drug product at the package level, which may include verification of the prescription drug product identifier of a package of prescription drug product and enhanced verification of saleable returns; (B) requirements related to the use of additional prescription drug product identifiers or prescription drug product identifier technology that meet the standards developed under section 582(a)(2) of the Federal Food, Drug, and Cosmetic Act, as added by section 2; (C) requirements related to the use of aggregation, inference, and other methods, if determined to be necessary components of the systems and technologies referred to in subparagraph (A); and (D) other data transmission and maintenance requirements and interoperability standards. (2) Flexibility The requirements described in paragraph (1) shall provide for flexibility for a member of the pharmaceutical supply chain, by— (A) with respect to dispensers, allowing a dispenser to enter into a written agreement with a third party, including an authorized wholesale distributor, under which— (i) the third party confidentially maintains any information required to be maintained under such requirements for the dispenser; and (ii) the dispenser maintains a copy of the written agreement and is not relieved of the other obligations of the dispenser under such requirements; (B) establishing a process by which an authorized manufacturer, repackager, wholesale distributor, or dispenser may request a waiver from any such requirements if the Secretary determines that such requirements would result in an undue economic hardship on the manufacturer, wholesale distributor, or dispenser; (C) not requiring the adoption of specific business systems by a member of the pharmaceutical supply chain for the maintenance and transmission of prescription drug product tracing data; and (D) prescribing alternative methods of compliance for small businesses, as specified in paragraph (4). (3) Considerations In issuing proposed regulations under paragraph (1), the Secretary shall consider— (A) the results of the pilot project conducted under subsection (a); (B) the public meetings held under subsection (b); (C) the studies conducted under subsections (c) and (d); (D) the reports submitted under subsection (e); (E) the public health benefits of such regulations compared with the cost of compliance with the requirements contained in such regulations, including with respect to entities of varying sizes and capabilities; and (F) the diversity of the pharmaceutical distribution supply chain by providing appropriate flexibility for each sector in the supply chain, including small businesses. (4) Small business protection The Secretary, taking into consideration the study conducted under paragraph (d), shall, if the Secretary determines that the requirements established pursuant to paragraph (1) would result in an undue economic hardship on small businesses, provide for alternative methods of compliance with any such requirement by small businesses, including— (A) establishing timelines for such compliance (including compliance by dispensers with 25 or fewer full-time employees) that do not impose undue economic hardship for small businesses, including dispensers with respect to which the study concluded has insufficient hardware and software to conduct interoperable, electronic tracing of prescription drug products at the package level; and (B) establishing a process by which a dispenser may request a waiver from any such requirement. (5) Regulations In issuing regulations to carry out this subsection, the Secretary shall— (A) issue a notice of proposed rulemaking that includes a copy of the proposed rule; (B) provide for a period of not less than 60 days for comments on the proposed rule; and (C) provide for an effective date of the final rule that is 2 years after the date on which such final rule is published. (6) Sunset The requirements regarding the provision and receipt of transaction history and transaction statements under section 582 of the Federal Food, Drug, and Cosmetic Act, as added by section 2, shall cease to be effective on the date on which the regulations issued under this section are fully implemented. (g) Definitions In this section: (1) The terms defined in section 581 of the Federal Food, Drug, and Cosmetic Act, as added by section 2, shall have the same meanings in this section as such terms are given in such section 581. (2) The term Secretary means the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs. 4. National standards for wholesale distributors (a) Standards Chapter V of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 351 et seq. ) is amended— (1) in section 503 of such Act ( 21 U.S.C. 353 ), by striking (e)(1)(A) and all that follows through (3) For purposes of this subsection and subsection (d)— and inserting the following: (e) For purposes of subsection (d)— ; and (2) in subchapter H of chapter V of the Federal Food, Drug, and Cosmetic Act, as added by section 2, by adding at the end the following: 583. National standards for wholesale distributors (a) Standards (1) In general The Secretary shall establish, by regulation, standards for the licensing of persons that make wholesale distributions. (2) Requirements The standards under paragraph (1) shall, with respect to wholesale distributions, include requirements for— (A) the storage and handling of drugs subject to section 503(b)(1), including facility requirements; (B) the establishment and maintenance of records of the distributions of such drugs; (C) the furnishing of a bond or other equivalent means of security in accordance with paragraph (3); (D) mandatory background checks and fingerprinting of facility managers or designated representatives; (E) the establishment and implementation of qualifications for key personnel; (F) the mandatory physical inspection of any facility to be used in wholesale distribution within a reasonable timeframe from the initial application for licensure of the wholesale distributor; and (G) in accordance with paragraph (5), the prohibition of certain persons from engaging in wholesale distribution. (3) Bond or other security The requirements under paragraph (2)(C) shall provide for the following: (A) An applicant that is not a government-owned-and-operated wholesale distributor, for the issuance or renewal of a wholesale distributor license, shall submit a surety bond of $100,000 or other equivalent means of security acceptable to the applicable licensing authority. (B) For purposes of subparagraph (A), the applicable licensing authority may accept a surety bond less than $100,000 if the annual gross receipts of the previous tax year for the wholesale distributor is $10,000,000 or less, in which case the surety bond may not be less than $25,000. (C) If a wholesale distributor can provide evidence that it possesses the required bond in a State, the requirement for a bond in another State is waived. (4) Inspections To satisfy the inspection requirement under paragraph (2)(F), the Secretary may conduct the inspection, or may accept an inspection by— (A) the government of the State in which the facility is located; or (B) a third-party accreditation or inspection service approved by the Secretary. (5) Prohibited persons The requirements under paragraph (2) shall include requirements to prohibit a person from receiving or maintaining licensure for wholesale distribution if the person— (A) has been convicted of any felony for conduct relating to wholesale distribution; any felony violation of section 301(i) or 301(k); or any felony violation of section 1365 of title 18, United States Code, relating to prescription drug product tampering; or (B) has engaged in a pattern of violating the requirements of this section that presents a threat of serious adverse health consequences or death to humans. (b) Reporting by licensed wholesale distributors (1) Annual report Beginning not later than 1 year after the date of the enactment of this section, each person engaged in wholesale distribution in interstate commerce shall submit on an annual basis, and update as necessary, a report to the Secretary including— (A) the wholesale distributor’s name; (B) the wholesale distributor’s address; (C) a listing of each State in which the wholesale distributor is licensed for wholesale distribution; and (D) any disciplinary actions taken by a State, the Federal Government, or a foreign government during the reporting period against the wholesale distributor. (2) Posting on Internet The Secretary shall post on the public Internet Website of the Food and Drug Administration the name of each wholesale distributor, and the State in which each such distributor is licensed, based on reports under paragraph (1). (c) Preservation of State authority This subchapter does not prohibit a State from— (1) licensing wholesale distributors for the conduct of wholesale distribution activities in the State in accordance with this subchapter; and (2) collecting fees from wholesale distributors in connection with such licensing, so long as the State does not require such licensure to the extent to which an entity is engaged in third-party logistics provider activities. (d) Definition In this section, the term wholesale distribution means the distribution of a drug subject to section 503(b)(1) to a person other than a consumer or patient, but does not include— (1) intracompany distribution of any drug between members of an affiliated group (as defined in section 1504(a) of the Internal Revenue Code of 1986); (2) the distribution of a drug, or an offer to distribute a drug among hospitals or other health care entities which are under common control; (3) the distribution of a drug or an offer to distribute a drug for emergency medical reasons, including a public health emergency declaration pursuant to section 319 of the Public Health Service Act, except that a drug shortage not caused by a public health emergency shall not constitute such an emergency medical reason; (4) dispensing of a drug pursuant to a valid prescription executed in accordance with subsection 503(b)(1); (5) the distribution of minimal quantities of drug by a licensed retail pharmacy to a licensed practitioner for office use; (6) the distribution of a drug or an offer to distribute a drug by a charitable organization to a nonprofit affiliate of the organization to the extent otherwise permitted by law; (7) the purchase or other acquisition by a dispenser, hospital, or other health care entity of a drug for use by such dispenser, hospital, or other health care entity; (8) the distribution of a drug by the manufacturer of such drug; (9) the receipt or transfer of a drug by an authorized third-party logistics provider provided that such third-party logistics provider does not take ownership of the drug; (10) the transport of a drug by a common carrier, provided that the common carrier does not take ownership of the drug; (11) the distribution of a drug, or an offer to distribute a drug, by an authorized repackager that has taken ownership of the drug and repacked it in accordance with section 582(e); (12) saleable drug returns when conducted by a dispenser in accordance with section 203.23 of title 21, Code of Federal Regulations (or any successor regulation); (13) the distribution of a combination prescription drug product described in section 581(20)(B)(xiii); (14) the distribution of a medical convenience kit described in section 581(21)(B)(xiv); (15) the distribution of an intravenous drug that, by its formulation, is intended for the replenishment of fluids and electrolytes (such as sodium, chloride, and potassium) or calories (such as dextrose and amino acids); (16) the distribution of an intravenous drug used to maintain the equilibrium of water and minerals in the body, such as dialysis solutions; (17) the distribution of a drug that is intended for irrigation or reconstitution, or sterile water, whether intended for such purposes or for injection; (18) the distribution of compressed medical gas (as defined in section 581(21)(C)); or (19) facilitating the distribution of a prescription drug product by providing administrative services, such as processing of orders and payments, without physical handling, distribution, or storage of a prescription drug product. (e) Effective date The standards required by subsection (a) shall take effect not later than 2 years after the date of the enactment of this section. The Secretary shall issue the regulations required by subsection (a) not later than 1 year after the date of the enactment of this Act. . (b) Conforming amendment Section 804(a)(5)(A) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 384(a)(5)(A) ) is amended by striking 503(e)(2)(A) and inserting 583(a) . 5. National licensure standards for third-party logistics providers Subchapter H of chapter V of the Federal Food, Drug, and Cosmetic Act, as amended by section 4, is further amended by adding at the end the following: 584. National licensure standards for third-party logistics providers (a) License requirement No facility may engage in the activities of a third-party logistics provider in any State unless— (1) the facility is licensed— (A) by the State from which the drug is distributed by the third-party logistics provider in accordance with a qualified licensing program, if the State has such a program; or (B) by the Secretary under this section, if the State from which the drug is distributed does not have such a program; and (2) if the drug is distributed interstate and the facility is not licensed by the Secretary under paragraph (1)(B), registers with the State into which the drug is distributed if such State requires such registration. (b) Reporting by licensed third-Party logistics providers (1) Annual report Beginning not later than 1 year after the date of the enactment of this section, each facility engaged in the activities of a third-party logistics provider shall submit on an annual basis, and update as necessary, a report to the Secretary including— (A) the facility’s name; (B) the facility’s address; (C) a listing of each jurisdiction (whether State or Federal) in which the facility is licensed for third-party logistics provider activities; and (D) any disciplinary actions taken by a State or Federal licensing authority during the reporting period against the facility. (2) Posting on Internet The Secretary shall post on the public Internet Website of the Food and Drug Administration the name of each third party logistics provider, and each jurisdiction (whether State or Federal) in which the provider is licensed, based on reports under paragraph (1). (c) Preservation of State authority This subchapter does not prohibit a State from— (1) licensing third-party logistic providers for the conduct of third-party logistics provider activities in the State in accordance with this subchapter; and (2) collecting fees from third-party logistics providers in connection with such licensing, so long as the State does not require such licensure to the extent to which an entity is engaged in wholesale distribution. (d) Costs (1) Authorized licensure fees In the case of a facility engaging in the activities of a third-party logistics provider licensed by the Secretary under this section, the Secretary may assess and collect a reasonable fee in an amount equal to the costs to the Federal Government of establishing and administering the licensure program established, and conducting period inspections, under this section. (2) Adjustment The Secretary shall adjust the amount of the fee under paragraph (1) on an annual basis, if necessary, to generate an amount of revenue equal to the costs referred to in such paragraph. (3) Availability Fees assessed and collected under this subsection shall be available for obligation only to the extent and in the amount provided in advance in appropriations Acts. Such fees shall remain available until expended. (e) License regulations (1) In general The Secretary shall establish, by regulation, standards, terms, and conditions for licensing persons to engage in third-party logistics provider activities. (2) Content The regulations under paragraph (1) shall— (A) include standards relating to eligibility for, and revocation and reissuance of, licenses; (B) establish a process by which the applicable licensing authority will, upon request by a third-party logistics provider that is accredited by a third-party accreditation program approved by the Secretary, issue a license to the provider; (C) establish a process by which the Secretary shall issue a license to a third-party logistics provider if the Secretary is not able to approve a third-party accreditation program because no such program meets the Secretary’s requirements necessary for approval of such a third-party accreditation program; (D) require that the third-party logistics provider comply with storage practices, as determined by the Secretary, at the provider’s facilities, including— (i) maintaining access to warehouse space of suitable size to facilitate safe operations, including a suitable area to quarantine suspect prescription drug product; (ii) maintaining adequate security; and (iii) having written policies and procedures to— (I) address receipt, security, storage, inventory, shipment, and distribution of a prescription drug product; (II) identify, record, and report confirmed losses or thefts in the United States; (III) correct errors and inaccuracies in inventories; (IV) provide support for manufacturer recalls; (V) prepare for, protect against, and address any reasonably foreseeable crisis that affects security or operation at the facility, such as a strike, fire, or flood; (VI) ensure that any expired prescription drug product is segregated from other prescription drug products and returned to the manufacturer or repackager or destroyed; (VII) maintain the capability to electronically trace the receipt and outbound distribution of a prescription drug product, and supplies and records of inventory; and (VIII) quarantine or destroy a suspect prescription drug product if directed to do so by the respective manufacturer, wholesale distributor, dispenser, or an authorized government agency; (E) provide for periodic inspection, as determined by the Secretary, of such facility warehouse space to ensure compliance with this section; (F) prohibit a facility from having as a manager or designated representative anyone convicted of any felony violation of section 301(i) or 301(k) or any felony violation of section 1365 of title 18, United States Code, relating to prescription drug product tampering; (G) perform mandatory background checks of the provider’s facility managers or designated representatives of such managers; (H) require a third-party logistics provider to provide to the applicable licensing authority, upon the authority’s request, a list of all prescription drug product manufacturers, wholesale distributors, and dispensers for whom the third-party logistics provider provides services at the provider’s facilities; and (I) include procedures under which any third-party logistics provider license— (i) will expire on the date that is 3 years after issuance of the license; and (ii) may be renewed for additional 3-year periods. (f) Validity of license A license issued under this section shall remain valid as long as such third-party logistics provider remains accredited by the Secretary, subject to renewal under subsection (d). If the Secretary finds that the third-party accreditation program demonstrates that all applicable requirements for licensure under this section are met, the Secretary shall issue a license under this section to a third-party logistics provider receiving accreditation. (g) Qualified licensing program defined In this section, the term qualified licensing program means a program meeting the requirements of this section and the regulations thereunder. (h) Effective date The requirements of this section shall take effect not later than 1 year after the date of the enactment of this section. The Secretary shall issue the regulations required by subsection (d) not later than 180 days after the date of the enactment of this section. . 6. Penalties (a) Prohibited acts Section 301(t) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331(t) ) is amended— (1) by striking or after the requirements of section 503(d) ; and (2) by striking or the distribution of drugs in violation of section 503(e) or the failure to otherwise comply with the requirements of section 503(e) and inserting the failure to comply with any requirement of section 582, engaging in the wholesale distribution of a drug in violation of section 583 or the failure to otherwise comply with the requirements of section 583, or engaging in the activities of a third-party logistics provider in violation of section 584 or the failure to otherwise comply with the requirements of section 584 . (b) Enhanced penalty for knowing unlicensed activities Section 303(b)(1)(D) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 333(b)(1)(D) ) is amended by striking 503(e)(2)(A) and inserting 583 or 584 . (c) Misbranding Section 502 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 352 ) is amended by adding at the end the following: (bb) If it is a drug and it fails to bear a prescription drug product identifier as required by section 582. . 7. Uniform national policy Subchapter H of chapter V of the Federal Food, Drug, and Cosmetic Act, as amended by section 5, is further amended by adding at the end the following: 585. Uniform national policy (a) Preemption of State prescription drug product tracing and other requirements Beginning on the date of the enactment of the Safeguarding America’s Pharmaceuticals Act of 2013 , no State or political subdivision of a State may establish or continue in effect any requirements for tracing drugs through the distribution system (including any requirements with respect to paper or electronic pedigrees, track and trace, statements of distribution history, transaction history, or transaction statements, or verification, investigation, disposition, alerts, or recordkeeping relating to the pharmaceutical distribution supply chain system) that— (1) are inconsistent with, more stringent than, or in addition to any requirements applicable under this Act; or (2) are inconsistent with any applicable waiver, exception, or exemption issued by the Secretary under section 582(a). (b) Standards or licensure (1) In general Beginning on the date of the enactment of Safeguarding America’s Pharmaceuticals Act of 2013 , no State or political subdivision of a State may establish or continue any standards, requirements, or regulations with respect to wholesale drug distributor or third-party logistics provider licensure which are inconsistent with, less stringent than, in addition to, or more stringent than, the standards and requirements under this Act. (2) Licensing fees Paragraph (1) does not affect the authority of a State to collect fees from wholesale drug distributors or third-party logistics providers in connection with State licensing under section 583 or 584 pursuant to a licensing program meeting the requirements of such sections. (3) Enforcement, suspension, and revocation of licenses Notwithstanding paragraph (1), a State— (A) may take administrative action, including fines, to enforce a licensure requirement promulgated by the State in accordance with this Act; (B) may provide for the suspension or revocation of licenses issued by the State for violations of the laws of such State; (C) upon conviction of a person for a violation of Federal, State, or local controlled substance laws or regulations, may provide for fines, imprisonment, or civil penalties; and (D) may regulate activities of entities licensed pursuant to section 583 or 584 in a manner that is consistent with the provisions of this subchapter. . 8. Electronic labeling requirement Section 502(f) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 352(f) ) is amended by adding at the end the following new sentence: Required labeling, other than immediate container or carton labels, for a drug may be made available by manufacturers and distributors solely by electronic means, provided that the labeling complies with all applicable requirements of law and the manufacturer or distributor, as applicable, affords health care professionals and authorized dispensers (as defined in section 581) the opportunity to request the labeling in paper form, and after such request, promptly provides the requested information without additional cost. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1919ih/xml/BILLS-113hr1919ih.xml |
113-hr-1920 | I 113th CONGRESS 1st Session H. R. 1920 IN THE HOUSE OF REPRESENTATIVES May 9, 2013 Mr. Lewis introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend titles XVIII and XIX of the Social Security Act to provide for a delay in the implementation schedule of the reductions in disproportionate share hospital payments, and for other purposes.
1. Short title The Act may be cited as the DSH Reduction Relief Act of 2013 . 2. Delay in implementation of revised medicare disproportionate share hospital payment methodology (a) Two-Year delay Section 1886(r) of the Social Security Act (42 U.S.C. 1395ww(r)) is amended— (1) in paragraph (1), by striking For fiscal year 2014 and inserting For fiscal year 2016 ; and (2) in paragraph (2)— (A) in the matter preceding subparagraph (A), by striking for fiscal year 2014 and inserting for fiscal year 2016 ; (B) in subparagraph (B)(i)— (i) in the heading of clause (i), by striking 2014, 2015, 2016, and 2017 and inserting 2016, 2017, 2018, and 2019 ; (ii) in the matter preceding subclause (I), by striking For each of fiscal years 2014, 2015, 2016, and 2017 and inserting For each of fiscal years 2016, 2017, 2018, and 2019 ; and (iii) in the matter following subclause (II)— (I) by striking fiscal year 2014 and inserting fiscal year 2016 ; and (II) by striking fiscal years 2015, 2016, and 2017 and inserting fiscal years 2017, 2018, and 2019 ; and (C) in subparagraph (B)(ii)— (i) in the heading of clause (ii), by striking 2018 and inserting 2020 ; (ii) in the matter preceding subclause (I), by striking For fiscal year 2018 and inserting For fiscal year 2020 ; and (iii) in the matter following subclause (II), by striking fiscal years 2018 and 2019 and inserting fiscal years 2020 and 2021 . (b) Effective date The amendments made by subsection (a) shall take effect as if included in the enactment of section 3133 of the Patient Protection and Affordable Care Act ( Public Law 111–148 ), as amended by section 10316 of such Act, and as further amended by section 1104 of the Health Care and Education Reconciliation Act of 2010 ( Public Law 111–152 ). 3. Modification of reduction schedule for Medicaid DSH allotments to States (a) Elimination of reductions for fiscal years 2014 and 2015 Section 1923(f)(7)(A) of the Social Security Act ( 42 U.S.C. 1396r–4(f)(7)(A) ) is amended— (1) in clause (i) in the matter preceding subclause (I), by striking fiscal years 2014 and inserting fiscal years 2016 ; and (2) in clause (ii), by striking subclauses (I) and (II) and redesignating subclauses (III) through (VII) as subclauses (I) through (V), respectively. (b) Conforming amendments Section 1923(f)(6)(A)(v) of the Social Security Act ( 42 U.S.C. 1396r–4(f)(6)(A)(v) ) is amended— (1) in the heading of clause (v), by striking for fiscal year 2013 and inserting for fiscal years 2013 through 2015 ; and (2) in subclause (II)— (A) by amending the heading of such subclause to read as follows: Fiscal years 2013 through 2015 ; (B) by inserting 2014, or 2015 after for fiscal year 2013, ; and (C) by striking for such fiscal year and inserting for each such fiscal year . (c) Effective date The amendments made by this section shall take effect as if included in the enactment of section 1203 of the Health Care and Education Reconciliation Act of 2010 ( Public Law 111–152 ). | https://www.govinfo.gov/content/pkg/BILLS-113hr1920ih/xml/BILLS-113hr1920ih.xml |
113-hr-1921 | I 113th CONGRESS 1st Session H. R. 1921 IN THE HOUSE OF REPRESENTATIVES May 9, 2013 Ms. DeGette (for herself and Mr. Gibson ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To repeal the exemption for hydraulic fracturing in the Safe Drinking Water Act, and for other purposes.
1. Short title This Act may be cited as the Fracturing Responsibility and Awareness of Chemicals Act of 2013 . 2. Regulation of hydraulic fracturing (a) Hydraulic Fracturing Section 1421(d)(1) of the Safe Drinking Water Act (42 U.S.C. 300h(d)(1)) is amended by striking subparagraph (B) and inserting the following: (B) includes the underground injection of fluids or propping agents pursuant to hydraulic fracturing operations related to oil, gas, or geothermal production activities; but (C) excludes the underground injection of natural gas for purposes of storage. . (b) Disclosure of hydraulic fracturing chemicals; medical emergencies; proprietary chemical formulas Section 1421(b) of the Safe Drinking Water Act ( 42 U.S.C. 300H(b) ) is amended by adding at the end the following: (4) (A) Regulations included under paragraph (1)(C) shall include the following requirements: (i) A person conducting hydraulic fracturing operations shall disclose to the State (or the Administrator if the Administrator has primary enforcement responsibility in the State)— (I) prior to the commencement of any hydraulic fracturing operations at any lease area or portion thereof, a list of chemicals intended for use in any underground injection during such operations, including identification of the chemical constituents of mixtures, Chemical Abstracts Service numbers for each chemical and constituent, material safety data sheets when available, and the anticipated volume of each chemical; and (II) not later than 30 days after the end of any hydraulic fracturing operations, the list of chemicals used in each underground injection during such operations, including identification of the chemical constituents of mixtures, Chemical Abstracts Service numbers for each chemical and constituent, material safety data sheets when available, and the volume of each chemical used. (ii) The State or the Administrator, as applicable, shall make the disclosure of chemical constituents referred to in clause (i) available to the public, including by posting the information on an appropriate Internet Web site. (iii) Whenever the State or the Administrator, or a treating physician or nurse, determines that a medical emergency exists and the proprietary chemical formula of a chemical used in hydraulic fracturing operations is necessary for medical treatment, the person conducting the hydraulic fracturing operations shall, upon request, immediately disclose the proprietary chemical formulas or the specific chemical identity of a trade secret chemical to the State, the Administrator, or the treating physician or nurse, regardless of whether a written statement of need or a confidentiality agreement has been provided. The person conducting the hydraulic fracturing operations may require a written statement of need and a confidentiality agreement as soon thereafter as circumstances permit. (B) Subparagraphs (A)(i) and (A)(ii) do not authorize the State (or the Administrator) to require the public disclosure of proprietary chemical formulas. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1921ih/xml/BILLS-113hr1921ih.xml |
113-hr-1922 | I 113th CONGRESS 1st Session H. R. 1922 IN THE HOUSE OF REPRESENTATIVES May 9, 2013 Mr. Gosar (for himself and Mr. Sensenbrenner ) introduced the following bill; which was referred to the Committee on Foreign Affairs , 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 limit assistance to Iran, North Korea, Syria, Egypt, and Pakistan, and for other purposes.
1. Short title and table of contents (a) Short title This Act may be cited as the Foreign Assistance Under Limitation and Transparency Act or FAULT Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Findings. Sec. 3. Definitions. Title I—Limitations on foreign assistance Sec. 101. Limitation on assistance to Iran, North Korea, Syria, Egypt, and Pakistan. Sec. 102. Limitation on assistance to other countries. Sec. 103. Limitation on assistance to private voluntary organizations. Sec. 104. Statement of policy on assistance to foreign terrorist organizations. Sec. 105. Report on unobligated funds available for sanctioned countries and organizations under this Act. Sec. 106. Inapplicability of other provisions of law. Title II—Transparency and other provisions Sec. 201. Termination of designation of Egypt and Pakistan as major non-NATO allies. Sec. 202. Annual foreign assistance report to Congress. 2. Findings Congress finds the following: (1) Foreign assistance is an important tool utilized to facilitate diplomacy by making investments in infrastructure and basic human needs abroad. (2) United States taxpayer dollars should be used prudently and appropriately, and should not be distributed to those who seek to do harm to Americans or our allies. (3) Failure to cooperate with the United States as it carries out its foreign policy objectives should necessarily lead to restricted or terminated United States foreign assistance. (4) Once foreign assistance to a country is restricted, Congress reserves the right to reinstate any such foreign assistance based on substantive changes in rhetoric or action of that country, and on a case-by-case basis. (5) The countries of Iran, North Korea, Syria, Egypt, and Pakistan have engaged in activities that undermine the security and foreign policy objectives of the United States or compromise regional and international stability. 3. Definitions In this Act: (1) Agricultural commodity The term agricultural commodity has the meaning given such term in section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 5602). (2) Appropriate congressional committees Except as otherwise provided, the term appropriate congressional committees means— (A) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives; and (B) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate. (3) Covered country The term covered country means a country with respect to which the limitation on foreign assistance under section 101(a) of this Act is in effect. (4) Emergency international disaster assistance The term emergency international disaster assistance means short-term assistance in the immediate aftermath of a disaster that includes— (A) infrastructure repairs and improvements; (B) mitigating the effects of the disaster; (C) assisting internally displaced persons; (D) harboring refugees; (E) providing agricultural commodities; (F) providing medicine; and (G) providing medical devices. (5) Financial instrument The term financial instrument means any direct cash payment, cash transfer, or monetary instrument. (6) Foreign assistance The term foreign assistance has the meaning given such term in section 634(b) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2394(b) ). (7) Government The term government means, with respect to a foreign country, any centralized state, provincial, or municipal government of the country. (8) Humanitarian assistance The term humanitarian assistance means— (A) disaster relief assistance, including any assistance under chapter 9 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2292 et seq.) (relating to international disaster assistance); and (B) refugee assistance, including any assistance under the Migration and Refugee Act of 1962 ( 22 U.S.C. 2601 et seq. ) (relating to international refugee and migration assistance). (9) Major non-NATO ally The term major non-NATO ally means a country that is designated as a major non-NATO ally pursuant to section 517 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2321k ), as amended by section 201(a)(2) of this Act. (10) Medical device The term medical device has the meaning given the term device in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ). (11) Medicine The term medicine has the meaning given the term drug in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ). (12) NATO The term NATO means the North Atlantic Treaty Organization. (13) Private voluntary organization The term private voluntary organization has the meaning given such term in section 259(12) of the Foreign Assistance Act of 1961 (22 U.S.C. 2214a(12)). (14) United States ally The term United States ally means— (A) a NATO member state (other than the United States); or (B) a major non-NATO ally. I Limitations on foreign assistance 101. Limitation on assistance to Iran, North Korea, Syria, Egypt, and Pakistan (a) Limitation (1) In general Notwithstanding any other provision of law, no funds made available to any Federal department or agency may be used to provide foreign assistance to Iran, North Korea, Syria, Egypt, and Pakistan. (2) Exception The limitation on foreign assistance in paragraph (1) shall not apply to agricultural commodities, medicine, or medical devices, except that the aggregate value of such assistance in any fiscal year may not exceed $50,000,000. (b) General waiver (1) In general Notwithstanding any other provision of law, the limitation on foreign assistance in subsection (a) may not be waived with respect to a country specified in subsection (a) unless the President submits to the appropriate congressional committees at least 45 days before the proposed waiver would take effect a report certifying that there has been a fundamental change in the policies of the government of such country, including— (A) information relating to such government’s assurances of— (i) free and democratic elections without pressure from such government or any organization affiliated with such government; (ii) freedom of religious belief and practice; and (iii) freedom of speech and expression; (B) information relating to such government’s attempts and successes to date with regard to eradicating the trafficking of— (i) persons; (ii) weapons of mass destruction or components to facilitate the creation of such weapons; (iii) illicit narcotics; and (iv) any financial instrument used to facilitate the trafficking of any persons described in clause (i), weapons or components described in clause (ii), or illicit narcotics described in clause (iii), if such trafficking originates, passes through, or is destined for such country or any entity under that country’s jurisdiction; (C) information relating to such government’s attempts and successes to date with regard to eradicating— (i) gross violations of internationally recognized human rights, including torture; (ii) cruel, inhuman, or degrading treatment or punishment; (iii) prolonged detention without charges; (iv) causing the disappearance of a person by the abduction and clandestine detention of such person; or (v) other flagrant denial of the right to life, liberty, and the security of a person; (D) information relating to such government’s attempts and successes to date with regard to eradicating child exploitation, abuse, or forced conscription into military or paramilitary services; (E) information relating to such government’s attempts and successes to date with regard to eradicating admissions biases based on gender, religion, disability, or other similar biases at institutions of learning that are funded by the government of such country; (F) information relating to such government’s denouncement of the damage or destruction by mob action of United States property within such country, provision of appropriate measures to prevent a recurrence thereof, and provision of adequate compensation for such damage or destruction; and (G) information relating to such government’s assurances that it— (i) is not currently engaged in violence against its own citizens, residents, or inhabitants; (ii) has publicly and appropriately expressed the State of Israel’s right to peacefully exist; (iii) is not supporting acts of international terrorism and has provided assurances it will not support acts of international terrorism in the future; (iv) is taking a public, active role in eradicating any element of international terrorism within its borders; and (v) if such country does not possess a nuclear weapon as of the date of the enactment of this Act, is not engaged in a nuclear weapons development program. (2) Disapproval of general waiver (A) In general The limitation on foreign assistance in subsection (a) may not be waived with respect to a country specified in subsection (a) if Congress, within 45 days after receipt of a report under paragraph (1), enacts a joint resolution the matter after the resolving clause of which is as follows: That the proposed waiver of the limitation on foreign assistance with respect to ____ as contained in the report submitted to Congress under section 101(b) of the Foreign Assistance Under Limitation and Transparency Act on ____ is hereby prohibited. , the first blank to be completed with the name of the country and the second blank to be completed with the appropriate date. (B) House and Senate procedures A joint resolution described in paragraph (1) and introduced within the appropriate 45-day period shall be considered in the Senate and the House of Representatives in accordance with paragraphs (3) through (7) of section 8066(c) of the Department of Defense Appropriations Act (as contained in Public Law 98–473 ), except that references in such paragraphs to the Committees on Appropriations of the House of Representatives and the Senate shall be deemed to be references to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate, respectively. (c) Humanitarian waiver (1) In general The President may waive, for a period of 120 days, the limitation on foreign assistance in subsection (a) with respect to providing humanitarian assistance to a country specified in subsection (a) if— (A) prior to waiving such prohibition, the President submits to Congress a report that contains a determination of the President that the people residing within the country— (i) have been affected by a natural disaster, limited to fire, famine, earthquake, drought, hurricane, typhoon, tsunami, tropical storm, flood, landslide and debris flow, widespread disease, or volcano eruption; or (ii) face imminent threat from exposure to radioactive or toxic elements due to the failure of any power source or other machinery directly involved with radioactive or toxic material; and (B) the humanitarian assistance to be provided will not be provided to or through the government of the country. (2) Humanitarian waiver renewal At the end of the 120-day waiver period specified in paragraph (1), the President may extend the waiver for additional 90-day periods if the President submits, not less than 10 days prior to the start of each 90-day period, a comprehensive status report to the appropriate congressional committees on— (A) the extent to which further humanitarian assistance is needed; (B) the manner in which the humanitarian assistance has been administered; and (C) the effectiveness of the humanitarian assistance. (3) Limitation The aggregate value of humanitarian assistance provided under this subsection in any fiscal year may not exceed $50,000,000. (d) Effective date This section takes effect on the date of the enactment of this Act and applies with respect to funds made available to any Federal department or agency for any fiscal year after fiscal year 2013. 102. Limitation on assistance to other countries (a) Limitation (1) In general Notwithstanding any other provision of law, no funds made available to any Federal department or agency may be used to provide foreign assistance to any country unless the government of such country provides assurances in writing to the head of the Federal department or agency that the government of such country will not provide assistance (other than assistance described in paragraph (2)) to a covered country. (2) Exception The limitation on foreign assistance in paragraph (1) shall not apply to agricultural commodities, medicine, medical devices, or emergency international disaster assistance. (3) Submission of assurances The head of such Federal department or agency shall submit to the appropriate congressional committees a copy of the assurances described in paragraph (1) as soon as practicable after the date on which the government of the country provides the assurances to the head of such Federal department or agency. (b) Penalties (1) In general A country that provides foreign assistance to a covered country in violation of subsection (a) shall be ineligible to receive further foreign assistance during the period— (A) beginning on the date on which the head of the Federal department or agency determines the violation occurred; and (B) ending on the date that is not less than 5 years but not more than 12 years after the date described in subparagraph (A). (2) Notification The head of such Federal department or agency shall submit to the appropriate congressional committees a notification containing the name of the country that is ineligible to receive further foreign assistance as determined under this subsection and the time period of ineligibility for such foreign assistance as determined under this subsection. (c) Humanitarian waiver (1) In general The President may waive, for a period of 120 days, the limitation on foreign assistance in subsection (a) with respect to providing humanitarian assistance to a country specified in subsection (a) if— (A) prior to waiving such prohibition, the President submits to Congress a report that contains a determination of the President that the people residing within the country— (i) have been affected by a natural disaster, limited to fire, famine, earthquake, drought, hurricane, typhoon, tsunami, tropical storm, flood, landslide and debris flow, widespread disease, or volcano eruption; or (ii) face imminent threat from exposure to radioactive or toxic elements due to the failure of any power source or other machinery directly involved with radioactive or toxic material; and (B) the humanitarian assistance to be provided will not be provided to or through the government of the country. (2) Humanitarian waiver renewal At the end of the 120-day waiver period specified in paragraph (1), the President may extend the waiver for additional 90-day periods if the President submits, not less than 10 days prior to the start of each 90-day period, a comprehensive status report to the appropriate congressional committees on— (A) the extent to which further humanitarian assistance is needed; (B) the manner in which the humanitarian assistance has been administered; and (C) the effectiveness of the humanitarian assistance. (3) Limitation The aggregate value of humanitarian assistance provided under this subsection in any fiscal year may not exceed $50,000,000. (d) Effective date This section takes effect on the date of the enactment of this Act and applies with respect to funds made available to any Federal department or agency for any fiscal year after fiscal year 2013. 103. Limitation on assistance to private voluntary organizations (a) Limitation (1) In general Notwithstanding any other provision of law, no funds made available to any Federal department or agency may be used to provide foreign assistance to any private voluntary organization unless the private voluntary organization provides assurances in writing to the head of the Federal department or agency that the private voluntary organization— (A) will not provide assistance (other than assistance described in paragraph (2)) to any covered country; and (B) will not enter into any contract or sub-contract to provide assistance (other than assistance described in paragraph (2)) to any covered country. (2) Exception The limitation on foreign assistance in paragraph (1) shall not apply to agricultural commodities, medicine, medical devices, or emergency international disaster assistance. (3) Submission of assurances The head of such Federal department or agency shall submit to the appropriate congressional committees a copy of the assurances described in paragraph (1) as soon as practicable after the date on which the private voluntary organization provides the assurances to the head of such Federal department or agency. (b) Penalties Whoever, acting on behalf of a private voluntary organization, shall willfully violate any of the provisions of this section, shall, upon conviction, be fined not more than $50,000, or, if a natural person, imprisoned for not more than 20 years, or both, and the officer, director, or agent of any private voluntary organization who knowingly participates in such violation shall be punished by a like fine, imprisonment, or both. (c) Effective date This section takes effect on the date of the enactment of this Act and applies with respect to funds made available to any Federal department or agency for any fiscal year after fiscal year 2013 104. Statement of policy on assistance to foreign terrorist organizations (a) Finding Congress finds it immoral and counterproductive to lend any type of foreign assistance to any organization that has used violence or threatens violence against the United States, the State of Israel, or any other United States ally. (b) Statement of policy Congress— (1) reaffirms, in accordance with section 2339B of title 18, United States Code, no funds made available to any Federal department or agency may be used to provide foreign assistance to any foreign terrorist organization as described in such section; and (2) affirms that contracts facilitating foreign assistance transfers, such as Limited Scope Grant Agreements and Strategic Objective Grant Agreements, and all other similar documents and contracts used to facilitate the transfer of monies for foreign assistance, must contain language that specifically prohibits any monies from being transferred, directly or indirectly, to any foreign terrorist organization. 105. Report on unobligated funds available for sanctioned countries and organizations under this Act (a) In general Not later than 30 days after the date of the enactment of this Act, the President shall submit to the specified congressional committees a report detailing and accounting for all unobligated funds available for assistance for countries and organizations described in subsection (b) for purposes of providing for the rescission of such funds. (b) Countries and organizations described Countries and organizations referred to in subsection (a) are— (1) covered countries under this Act; (2) countries with respect to which the limitation on foreign assistance under section 102(a) is in effect; and (3) private voluntary organizations with respect to which the limitation on foreign assistance under section 103(a) is in effect (c) Definition In this section, the term specified congressional committees means— (1) the appropriate congressional committees; and (2) the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate. 106. Inapplicability of other provisions of law The provisions of this title may not be waived under any provision of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2251 et seq. ) (other than chapter 9 of part I of such Act), the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ), any other Act authorizing foreign assistance, or any Act making appropriations for the Department of State, foreign operations, or related programs. II Transparency and other provisions 201. Termination of designation of Egypt and Pakistan as major non-NATO allies (a) Egypt (1) In general Effective beginning on the date of the enactment of this Act— (A) the designation of Egypt as a major non-NATO ally pursuant to subsection (b) of section 517 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2321k ) shall be deemed to have been terminated by the President pursuant to subsection (a)(2) of such section irrespective of the requirement to notify Congress pursuant to such section; and (B) the President may not issue a separate designation of Egypt as a major non-NATO ally pursuant to section 517(a)(1) of such Act or any other provision of law. (2) Conforming amendment Section 517(b) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2321k(b) ) is amended by striking Egypt, . (b) Pakistan Effective beginning on the date of the enactment of this Act— (1) the designation of Pakistan as a major non-NATO ally pursuant to paragraph (1) of section 517(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2321k(a) ) (Presidential Determination No. 2004–37; 69 Fed. Reg. 38797) shall be deemed to have been terminated by the President pursuant to paragraph (2) of such section irrespective of the requirement to notify Congress pursuant to such section; and (2) the President may not issue a separate designation of Pakistan as a major non-NATO ally pursuant to section 517(a)(1) of such Act or any other provision of law. (c) Effective dates (1) Egypt Subsection (a) shall be effective for the period beginning on the date of the enactment of this Act and ending on the date on which the Secretary of State certifies to the appropriate congressional committees that the Government of Egypt has drafted a new constitution, held a national referendum to approve the new constitution and scheduled a date for national democratic elections to elect a new government under the new constitution. (2) Pakistan Subsection (b) shall be effective for the period beginning on the date of the enactment of this Act and ending on the date on which the Secretary of State certifies to the appropriate congressional committees that the Government of Pakistan has drafted a new constitution, held a national referendum to approve the new constitution and scheduled a date for national democratic elections to elect a new government under the new constitution. (3) Definition In this subsection, the term appropriate congressional committees means— (A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. (d) Rule of construction Nothing in this section shall be construed to authorize the President to issue a separate designation of Egypt or Pakistan as a major non-NATO ally of the United States pursuant to section 517(a)(1) of the Foreign Assistance Act of 1961 for the period during which subsection (a) or subsection (b), as the case may be, is in effect. 202. Annual foreign assistance report to Congress Section 634(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2394(a) ) is amended— (1) in paragraph (11), by striking and at the end; (2) by redesignating paragraph (12) as paragraph (14); and (3) by inserting after paragraph (11) the following new paragraphs: (12) with respect to each private voluntary organization (as such term is defined in section 259(12)) that receives United States foreign assistance, a determination and accounting of— (A) how the organization allocates its funds, including dollar amounts disbursed for foreign assistance, dollar amounts expended for salaries and bonuses for such organization’s founders, managers, and other employees, and dollar amounts expended for administrative purposes of such organization; and (B) whether or not such organization provides any assistance directly or indirectly to a covered country (as such term is defined in section 3(2) of the Foreign Assistance Under Limitation and Transparency Act ), and if any assistance was provided either directly or indirectly to a covered country, a determination and accounting of the type of such assistance; (13) with respect to each country that receives United States foreign assistance, whether bilaterally or otherwise, a determination and accounting of whether or not the country provides any assistance directly or indirectly to a covered country (as such term is defined in section 3(2) of the Foreign Assistance Under Limitation and Transparency Act ), and a determination and accounting of the type of such assistance; and . | https://www.govinfo.gov/content/pkg/BILLS-113hr1922ih/xml/BILLS-113hr1922ih.xml |
113-hr-1923 | I 113th CONGRESS 1st Session H. R. 1923 IN THE HOUSE OF REPRESENTATIVES May 9, 2013 Mr. Amodei (for himself, Ms. Chu , Ms. Titus , Mr. Heck of Nevada , Mr. Horsford , Mr. Grimm , Ms. Gabbard , Mr. Schock , and Mrs. Napolitano ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to provide for the eligibility of the Hong Kong Special Administrative Region for designation for participation in the visa waiver program for certain visitors to the United States.
1. Eligibility of Hong Kong Special Administrative Region for designation for participation in visa waiver program for certain visitors to the United States Section 217(c) of the Immigration and Nationality Act ( 8 U.S.C. 1187(c) ) is amended by adding at the end the following new paragraph: (12) Eligibility of certain region for designation as program country The Hong Kong Special Administrative Region of the People's Republic of China— (A) shall be eligible for designation as a program country for purposes of this subsection; and (B) may be designated as a program country for purposes of this subsection if such region meets requirements applicable for such designation in this subsection. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1923ih/xml/BILLS-113hr1923ih.xml |
113-hr-1924 | I 113th CONGRESS 1st Session H. R. 1924 IN THE HOUSE OF REPRESENTATIVES May 9, 2013 Mrs. Bustos (for herself and Mr. Loebsack ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To reinstate year-round Federal Pell Grants under the Higher Education Act of 1965.
1. Short title This Act may be cited as the Access to Education and Training Act . 2. Federal Pell Grants (a) Amendments Section 401(b) of the Higher Education Act of 1965 (( 20 U.S.C. 1070a(b) ) is amended— (1) in paragraph (2)(A)(ii), by striking paragraph (7)(B) and inserting paragraph (8)(B) ; and (2) by redesignating paragraphs (5) through (7) as paragraphs (6) through (8), respectively; and (3) by inserting after paragraph (4) the following: (5) (A) The Secretary shall award a student not more than two Federal Pell Grants during a single award year to permit such student to accelerate the student’s progress toward a degree or certificate if the student is enrolled— (i) on at least a half-time basis for a period of more than one academic year, or more than two semesters or an equivalent period of time, during a single award year; and (ii) in a program of instruction at an institution of higher education for which the institution awards an associate or baccalaureate degree or certificate. (B) In the case of a student receiving more than one Federal Pell Grant in a single award year under subparagraph (A), the total amount of Federal Pell Grants awarded to such student for the award year may exceed the maximum basic grant level specified in the appropriate appropriations Act for such award year. . (b) Effective date The amendments made by subsection (a) shall be effective for award year 2013-2014 and each succeeding award year | https://www.govinfo.gov/content/pkg/BILLS-113hr1924ih/xml/BILLS-113hr1924ih.xml |
113-hr-1925 | I 113th CONGRESS 1st Session H. R. 1925 IN THE HOUSE OF REPRESENTATIVES May 9, 2013 Mr. Carson of Indiana (for himself, Ms. Norton , Ms. Wilson of Florida , Mr. Rangel , Mr. Payne , Ms. Moore , and Ms. Brown of Florida ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Child Care and Development Block Grant Act of 1990 to require criminal background checks, inspections, and training of child care providers.
1. Short title This Act may be cited as the Child Care Criminal Background Check Act of 2013 . 2. Purpose The purpose of this Act is to assist States in improving the overall quality of child care services in the State by requiring national criminal background checks of child care providers that are licensed by the State or that receive funds under the Child Care and Development Block Grant Act of 1990. 3. Amendments (a) State plan Section 658E(c)(2) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858c(c)(2) ) is amended by adding at the end the following: (I) Criminal background check Certify that the State will— (i) require each eligible child care provider (excluding an eligible child care provider described in section 658P(5)(B)) that is licensed by the State or receives funds provided under this subchapter— (I) to obtain from the State a comprehensive criminal background check of— (aa) each individual who provides child care services; (bb) each applicant selected for employment before providing such services; and (cc) each family child care provider who provides or applies to provide such services; and (II) to refuse to employ, or continue to employ, an individual to provide such services— (aa) if such individual was convicted of— (AA) a crime of violence (as defined in section 20101 of subtitle A of title II of the Violent Crime Control and Law Enforcement Act of 1994 ( 42 U.S.C. 13701 )); or (BB) a crime against a child for which the penalty exceeds imprisonment for a term exceeding 1 year; (bb) to an eligible child without the supervision of an employee whose criminal background check satisfies the requirements of the subparagraph, pending receipt of such a criminal background check of such individual; and (cc) to an eligible child with the supervision of an employee whose criminal background check satisfies the requirements of the subparagraph and for a period exceeding 90 days, pending receipt of such a criminal background check of such individual; and (ii) carry out at the request of an eligible child care provider, as soon as practicable, a comprehensive criminal background check (at the State option for a fee not to exceed the actual cost to the State) of each employee of, and each applicant for employment by, a child care provider that is licensed by the State or receives funds provided under this subchapter by the State, and make the results of such check available to such provider and to such employee or applicant. At the request of a State, the Secretary may waive for 1 fiscal year the application of this subparagraph to the State if the State demonstrates a good faith effort to comply with the requirements specified in this subparagraph and its inability to so comply. (J) Inspections The State shall certify that each eligible child care provider (excluding an eligible child care provider described in section 658P(5)(B)) that is licensed by the State will be inspected not less frequently than at 3-month intervals. (K) Training The State shall certify that each eligible child care provider (excluding an eligible child care provider described in section 658P(5)(B)) that receives funds provided under this subchapter will receive not less than— (i) 40 hours of training provided by an entity recognized by the State; and (ii) annually 24 hours of training that includes CPR, first aid, recognizing child abuse, basic safety and health, and child behavior and development. . (b) Enforcement Section 658I(b)(2) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858g(i)(b)(2)) is amended by adding at the end the following: If a State fails to comply substantially with the requirements specified in section 658e(c)(2)(I), the Secretary shall reduce by 10 percent the State allotment for the fiscal year following the fiscal year with respect to which noncompliance is found. . 4. Effective date; application of amendments This Act and the amendments made by this Act shall take effect 2 years after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1925ih/xml/BILLS-113hr1925ih.xml |
113-hr-1926 | I 113th CONGRESS 1st Session H. R. 1926 IN THE HOUSE OF REPRESENTATIVES May 9, 2013 Mr. Chabot (for himself, Mr. Graves of Missouri , Ms. Chu , and Mr. Tipton ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To further enhance the promotion of exports of United States goods and services, and for other purposes.
1. Short title This Act may be cited as the State Trade Coordination Act . 2. Membership of representatives of State trade promotion agencies on Trade Promotion Coordinating Committee Section 2312(d) of the Export Enhancement Act of 1988 ( 15 U.S.C. 4727(d) ) is amended— (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following new paragraph: (2) Representatives from State trade promotion agencies The TPCC shall also include 1 or more members appointed by the President who are representatives of State trade promotion agencies. . 3. Federal and State export promotion coordination plan (a) In general The Secretary of Commerce, acting through the Trade Promotion Coordinating Committee and in coordination with representatives of State trade promotion agencies, shall develop a comprehensive plan to integrate the resources and strategies of State trade promotion agencies into the overall Federal trade promotion program. (b) Matters To be included The plan required under subsection (a) shall include the following: (1) A description of the role of State trade promotion agencies in assisting exporters. (2) An outline of the role of State trade promotion agencies and how it is different from Federal agencies located within or providing services within the State. (3) A plan on how to utilize State trade promotion agencies into the Federal trade promotion program. (4) An explanation of how Federal and State agencies will share information and resources. (5) A description of how Federal and State agencies will coordinate education and trade events in the United States and abroad. (6) A description of the efforts to increase efficiency and reduce duplication. (7) A clear identification of where businesses can receive appropriate international trade information under the plan. (c) Deadline The plan required under subsection (a) shall be finalized and submitted to Congress not later than 12 months after the date of the enactment of this Act. 4. Annual Federal-State export strategy (a) In general The Secretary of Commerce, acting through the head of the United States Commercial Service, shall develop an annual Federal-State export strategy for each State that submits to the Secretary of Commerce its export strategy for the upcoming calendar year. In developing an annual Federal-State export strategy under this subsection, the Secretary of Commerce shall take into account the Federal and State export promotion coordination plan developed under section 3. (b) Matters To be included The Federal-State export strategy required under subsection (a) shall include the following: (1) The State’s export strategy and economic goals. (2) The State’s key sectors and industries of focus. (3) Possible foreign and domestic trade events. (4) Efforts to increase efficiencies and reduce duplication. (c) Report The Federal-State export strategy required under subsection (a) shall be submitted to the Trade Promotion Coordinating Committee not later than February 1 of each year. 5. Coordinated metrics and information sharing (a) In general The Secretary of Commerce, in coordination with representatives of State trade promotion agencies, shall develop a framework to share export success information, and develop a coordinated set of reporting metrics. (b) Report to Congress Not later than 1 year after the date of the enactment of this Act, the Secretary of Commerce shall submit to Congress a report that contains the framework and reporting metrics required under subsection (a). 6. Annual survey and analysis and report under National Export Strategy Section 2312 of the Export Enhancement Act of 1988 ( 15 U.S.C. 4727 ) is amended— (1) in subsection (c)— (A) in paragraph (5), by striking and at the end; (B) in paragraph (6), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (7) in coordination with State trade promotion agencies, include a survey and analysis regarding the overall effectiveness of Federal-State coordination and export promotion goals on an annual basis, to further include best practices, recommendations to better assist small businesses, and other relevant matters. ; and (2) in subsection (f), in paragraph (1), by inserting (including implementation of the survey and analysis described in paragraph (7) of that subsection) after the implementation of such plan . | https://www.govinfo.gov/content/pkg/BILLS-113hr1926ih/xml/BILLS-113hr1926ih.xml |
113-hr-1927 | I 113th CONGRESS 1st Session H. R. 1927 IN THE HOUSE OF REPRESENTATIVES May 9, 2013 Mr. Costa introduced the following bill; which was referred to the Committee on Natural Resources A BILL To provide congressional direction for implementation of the Endangered Species Act as it relates to operation of the Central Valley Project and the California State Water Project and for water relief in the State of California.
1. Short title This Act may be cited as the More Water and Security for Californians Act . __. Compliance with Endangered Species Act of 1973 (a) Findings Congress finds the following: (1) The economy of the San Joaquin Valley in California is predominantly based on irrigated agriculture served water to the Westside and southern end of the San Joaquin Valley by— (A) the Central Valley Project; and (B) the California State Water Project. (2) The quantity of water available for irrigated agriculture in these areas of the San Joaquin Valley served by the Central Valley Project and the California State Water Project has been reduced significantly as a result of restrictions placed on the operations of the Central Valley Project and the California State Water Project under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (3) California’s San Joaquin Valley is one of the most fertile agricultural regions in the world, and produces more than 250 different crops with an estimated value of $17,000,000,000 per year, supplying about 8 percent of United States agricultural production and approximately 40 percent of the Nation’s fruits and vegetables on less than 1 percent of United States farmland. Crops grown in the San Joaquin Valley are exported to 100 countries around the world. The San Joaquin Valley is an essential source of food supplies for the United States and the world. (4) Water supply shortages resulting from regulatory restrictions on the operations of the Central Valley Project and the California State Water Project have greatly exacerbated the economic recession and contributed to an economic crisis in the San Joaquin Valley. (5) (A) More than 400,000 acres of highly productive farmland in the San Joaquin Valley were fallowed in 2009. (B) Unemployment rates in small rural communities in the San Joaquin Valley remain over 25 percent. (C) Food banks throughout the San Joaquin Valley face unprecedented demand from unemployed residents. (6) Any water not captured and stored by the Central Valley Project and the California State Water Project is water that could have been used to sustain irrigated agriculture and the many businesses and communities that rely on it throughout the Central Valley of California. (7) Deliveries to water agencies that rely on exports from the Sacramento-San Joaquin Delta (California Bay-Delta) are expected to remain at reduced levels this year due to pumping restrictions imposed on operations of the Central Valley Project and the California State Water Project under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) in the early part of 2013. (8) Due to reduced surface water supplies, reliance on groundwater has increased, and the withdrawals from the aquifers are unsustainable and put significant infrastructure at risk of collapse, including the State Water Project’s California Aqueduct, due to permanent subsidence of land over the over-drafted aquifers. (9) Significant habitat for a number of native fish species in the California Bay-Delta (including tidal marsh and wetlands), and access to spawning grounds, have been significantly reduced during the last century. (10) Discharge of pollutants and invasive species have dramatically impaired the ecosystem of the California Bay-Delta. (11) Large-scale and sustained habitat restoration and fish passage improvements are essential— (A) to restore the unique ecosystem of the California Bay-Delta; and (B) to recover native species in the California Bay-Delta. (12) As of the date of enactment of this Act, Federal and State agencies, and a number of interested parties, continue to develop the Bay Delta Conservation Plan to establish a habitat conservation plan— (A) to provide ecosystem restoration; (B) to contribute to native species recovery; and (C) to allow for projects to proceed that restore and protect water supplies for— (i) the Central Valley Project; and (ii) the California State Water Project. (b) Compliance (1) In general All requirements of the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) relating to operations of the Central Valley Project and the California State Water Project ( Projects ) shall be deemed satisfied with regard to the species and their critical habitat covered by the biological opinions for the operations of the Central Valley Project and the California State Water Project issued by the United States Fish and Wildlife Service and dated December 15, 2008, and the National Marine Fisheries Service and dated June 4, 2009 (the biological opinions ), if— (A) the alternatives described in that portion of the biological opinions entitled Reasonable and Prudent Alternatives are implemented; and (B) the actions described in paragraph (2) are carried out. (2) Mandates The Secretary of the Interior and the Secretary of Commerce shall ensure the following: (A) Flows For each calendar year, during the period beginning on December 1 and ending on June 30, neither biological opinion described in paragraph (1) shall restrict flow in Old and Middle Rivers to a 14-day average of the mean daily flow to achieve flow less negative than −5,000 cubic feet per second. (B) Control of pumping operations For each calendar year, during the period beginning on April 1 and ending on May 31, rates of pumping at the C.W. Bill Jones Pumping Plant and Harvey O. Banks Pumping Plant shall not be reduced pursuant to the biological opinion of the National Marine Fisheries Service described in paragraph (1), except as required to implement California State Water Resources Control Board Water Rights Decision 1641 or a superseding water rights decision. (C) Fall X2 For each calendar year, during the period beginning September 1 and ending November 30, monthly average x2 no greater (more eastward) than 74 km (from the Golden Gate) shall be maintained only to the extent that such action does not diminish the capability of either the Central Valley Project or the California State Water Project to make water available for other authorized project purposes. (3) Modification The Secretary of the Interior may modify the flow and pumping operation mandates established in paragraph (2) upon recommendations of the National Research Council Committee on Sustainable Water and Environmental Management in the California Bay-Delta, if such modifications— (A) would provide greater benefits to the species covered by the biological opinions described in paragraph (1); and (B) would not reduce the water delivery capability of the Central Valley Project or California State Water Project more than their delivery capability allowed under paragraph (2). (c) Implementation of action plan As soon as practicable after the date of enactment of this Act, the Secretary of the Interior and the Secretary of Commerce shall— (1) establish a fish hatchery program or refuge to preserve and restore the delta smelt in collaboration with the Governor of the State of California; and (2) implement a habitat program under which each Secretary shall identify, prioritize, and implement key ecosystem restoration and fish passage projects in the ecosystem of, and on tributaries to, the California Bay-Delta to help ensure the viability of— (A) at-risk species; and (B) species listed as threatened species or endangered species on the list of threatened species or the list of endangered species published under section 4(c)(1) of the Endangered Species Act of 1973 ( 16 U.S.C. 1533(c)(1) ); and (3) install the Head of Old River Barrier during the April–May pulse flow, as set forth in California State Water Resources Control Board Water Rights Decision 1641. (d) Savings clause Nothing in this section shall— (1) diminish or result in a reduction of the water supply deliveries of the California State Water Project to its contractors; nor (2) shift an existing obligation of the Central Valley Project to the California State Water Project or any other legal user of water. (e) San Joaquin River Restoration Settlement Act Nothing in this Act shall limit or otherwise affect the implementation of the San Joaquin River Restoration Settlement of the San Joaquin River Restoration Settlement Act (Public Law 111–11), including the Water Management Goal. (f) No further restriction No State or any political subdivision thereof shall adopt or attempt to enforce any requirements relating to the impact of the operation of the Projects on the species and critical habitat covered by the biological opinions that is more restrictive than the requirements of this section. Any State law that authorizes the imposition of restrictions on the operation of the Projects in a manner that is more restrictive than this section is expressly preempted. (g) Termination This section and each authority and mandate under this section shall terminate upon March 1, 2020. | https://www.govinfo.gov/content/pkg/BILLS-113hr1927ih/xml/BILLS-113hr1927ih.xml |
113-hr-1928 | I 113th CONGRESS 1st Session H. R. 1928 IN THE HOUSE OF REPRESENTATIVES May 9, 2013 Ms. DeLauro (for herself, Mr. Grijalva , Ms. Schwartz , and Mr. Takano ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To clarify the calculation of cohort default rates for proprietary institutions of higher education under the Higher Education Act of 1965.
1. Short title This Act may be cited as the Proprietary Institution of Higher Education Accountability Act . 2. Clarification of cohort default rate Section 435(m)(1) of the Higher Education Act of 1965 ( 20 U.S.C. 1085(m)(1) ) is amended— (1) in subparagraph (B), by inserting after the first sentence the following: In calculating the cohort default rate for a proprietary institution of higher education, the Secretary shall treat current and former students at the institution who have been granted, on loans made under part D and received for attendance at the institution, a forbearance or deferment described in subparagraph (D) for any period exceeding 6-months after entering repayment on such loans and before the end of the second fiscal year following the fiscal year in which such students entered such repayment, as students who have defaulted on such loans before the end of such second fiscal year. ; and (2) by adding at the end the following new subparagraph: (D) For purposes of subparagraph (B)— (i) the term forbearance means a forbearance granted for a reason described in subparagraph (A)(i)(II) or subparagraph (B) of section 428(c)(3); and (ii) the term deferment means a deferment granted for a reason described in subparagraph (B) or (D) of section 455(f)(2). . | https://www.govinfo.gov/content/pkg/BILLS-113hr1928ih/xml/BILLS-113hr1928ih.xml |
113-hr-1929 | I 113th CONGRESS 1st Session H. R. 1929 IN THE HOUSE OF REPRESENTATIVES May 9, 2013 Ms. DelBene introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Food and Nutrition Act of 2008 to carry out pilot projects to reduce dependency and increase work effort in the supplemental nutrition assistance program.
1. Short title This Act may be cited as the Enhancing Employment and Training Through Education Act of 2013 . 2. Pilot projects to reduce dependency and increase work effort in the supplemental nutrition assistance program Section 17 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2026 ) is amended by adding at the end the following: (l) Pilot projects To reduce dependency and increase work effort in the supplemental nutrition assistance program (1) In general The Secretary shall carry out, under such terms and conditions as the Secretary considers to be appropriate, pilot projects to identify best practices for employment and training programs under this Act to raise the number of work registrants who obtain unsubsidized employment, increase their earned income, and reduce their reliance on public assistance, including but not limited to the supplemental nutrition assistance program. (2) Selection criteria Pilot projects shall be selected based on criteria the Secretary establishes, that shall include— (A) enhancing existing employment and training programs in the State; (B) agreeing to participate in the evaluation described in paragraph (3), including making available data on participants’ employment activities and post-participation employment, earnings, and public benefit receipt; (C) collaborating with the State workforce board and other job training programs in the State and local area; (D) the extent to which the pilot project’s components can be easily replicated by other States or political subdivisions; and (E) such additional criteria that ensure that the pilot projects— (i) target a variety of populations of work registrants, including childless adults, parents, and individuals with low skills or limited work experience; (ii) are selected from a range of existing employment and training programs including programs that provide— (I) section 20 workfare; (II) skills development for work registrants with limited employment history; (III) post-employment support services necessary for maintaining employment; and (IV) education leading to a recognized postsecondary credential, registered apprenticeship, or secondary school diploma or its equivalent; (iii) are located in a range of geographic areas, including rural, urban, and Indian reservations; and (iv) include participants who are exempt and not exempt under section (6)(d)(2). (3) Evaluation The Secretary shall provide for an independent evaluation of projects selected under this subsection to measure the impact of the pilot projects on the ability of each pilot project target population to find and retain employment that leads to increased household income and reduced dependency, compared to what would have occurred in the absence of the pilot project. (4) Report to congress By September 30, 2017, 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 that includes a description of— (A) the results of each pilot project, including an evaluation of the impact of the project on the employment, income, and public benefit receipt of the targeted population of work registrants; (B) the Federal, State, and other costs of each pilot project; (C) the planned dissemination of the reports’ findings with State agencies; and (D) the steps and funding necessary to incorporate components of pilot projects that demonstrate increased employment and earnings into State employment and training programs. (5) Funding From amounts made available under section 18(a)(1), the Secretary shall make $10,000,000 available for each of the fiscal years 2014, 2015, and 2016 to carry out this subsection. Such amounts shall remain available until expended. (6) Use of funds (A) Funds provided under this subsection for pilot projects shall be used only for— (i) pilot projects that comply with the provisions of this Act; (ii) the costs and administration of the pilot projects; (iii) the costs incurred in providing information and data to the independent evaluation under paragraph (3); and (iv) the costs of the evaluation under paragraph (3). (B) Funds made available under this subsection may not be used to supplant non-Federal funds used for existing employment and training activities. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1929ih/xml/BILLS-113hr1929ih.xml |
113-hr-1930 | I 113th CONGRESS 1st Session H. R. 1930 IN THE HOUSE OF REPRESENTATIVES May 9, 2013 Mr. Engel (for himself and Mr. Terry ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To prohibit the manufacture, marketing, sale, or shipment in interstate commerce of products designed to assist in defrauding a drug test.
1. Short title This Act may be cited as the Drug Testing Integrity Act of 2013 . 2. Ban of products designed to defraud drug tests (a) Conduct prohibited It shall be unlawful to knowingly manufacture, market, sell, ship, or otherwise provide to another individual any product with the intent to assist such other individual to use such product to defraud a drug test. (b) Definition As used in this Act, the term defraud a drug test means— (1) submit a substance that purports to be from an individual other than its actual source, or purports to have been excreted or collected other than when it was actually excreted or collected; or (2) engage in any other conduct with the intent to produce a false or misleading outcome of a test for the presence of a controlled substance. 3. Enforcement by the Federal Trade Commission (a) Unfair and deceptive act or practice A violation of section 2 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). (b) Enforcement authority The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1930ih/xml/BILLS-113hr1930ih.xml |
113-hr-1931 | I 113th CONGRESS 1st Session H. R. 1931 IN THE HOUSE OF REPRESENTATIVES May 9, 2013 Mr. Fleischmann (for himself, Ms. Norton , Mrs. Blackburn , Mrs. Brooks of Indiana , Mr. Rodney Davis of Illinois , Mr. Jones , and Mr. Benishek ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend title 5, United States Code, to enhance the authority under which Federal agencies may pay cash awards to employees for making cost saving disclosures, and for other purposes.
1. Short title This Act may be cited as the Employees of America Streamlining for Your Savings Act of 2013 or the EASY Savings Act of 2013 . 2. Enhancement of authority to make cash awards to employees for cost saving disclosures (a) In general Section 4512 of title 5, United States Code, is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by inserting or identification of surplus funds or unnecessary budget authority after mismanagement ; (B) in paragraph (2), by inserting or identification after disclosure ; and (C) in the matter following paragraph (2), by inserting or identification after disclosure ; and (2) by adding at the end the following: (c) The Inspector General of an agency or other agency employee designated under subsection (b) shall refer to the Chief Financial Officer of the agency any potential surplus funds or unnecessary budget authority identified by an employee under subsection (a), along with any recommendations of the Inspector General or other agency employee. (d) (1) If the Chief Financial Officer of an agency determines that rescission of potential surplus funds or unnecessary budget authority, identified by an employee under subsection (a), would not hinder the effectiveness of the agency, the head of the agency shall transfer the amount of the surplus funds or unnecessary budget authority from the applicable appropriations account to the general fund of the Treasury, except as provided in subsection (e). (2) Title X of the Congressional Budget and Impoundment Control Act of 1974 ( 2 U.S.C. 681 et seq. ) shall not apply to transfers under paragraph (1). (3) Any amounts transferred under paragraph (1) shall be deposited in the Treasury and used for deficit reduction, except that in the case of a fiscal year for which there is no Federal budget deficit, such amounts shall be used to reduce the Federal debt, in such manner as the Secretary of the Treasury considers appropriate. (e) The head of an agency may retain not more than 10 percent of any amounts which (but for this subsection) would otherwise be transferred to the general fund of the Treasury under subsection (d), representing surplus funds or unnecessary budget authority identified by an employee under this section, for the purpose of paying a cash award to such employee in accordance with subsection (a). (f) (1) The head of each agency shall submit to the Director of the Office of Personnel Management an annual report regarding— (A) each disclosure of fraud, waste, or mismanagement or identification of surplus funds or unnecessary budget authority, made under subsection (a) by an employee of the agency, which is determined by the agency to have merit; (B) the total savings achieved through disclosures and identifications described in subparagraph (A); and (C) the number and amount of cash awards by the agency under subsection (a). (2) The Director of the Office of Personnel Management shall submit to Congress and the Government Accountability Office an annual report on Federal cost saving and awards based on the reports under paragraph (1). (3) The Director of the Office of Personnel Management shall— (A) ensure that the cash award program of each agency complies with this section; and (B) submit to Congress an annual certification indicating whether the cash award program of each agency complies with this section. (g) (1) The head of each agency shall include the information described in subsection (f)(1) in each budget request of the agency submitted to the Office of Management and Budget as part of the preparation of the budget of the President submitted to Congress under section 1105(a) of title 31. (2) Not later than 3 years after the date of enactment of the EASY Savings Act of 2013 , and every 3 years thereafter, the Comptroller General shall submit to Congress a report on the operation of the cost savings and awards program under this section, including recommendations for any legislative changes which the Comptroller General considers appropriate. . (b) Prohibition (1) In general Section 4509 of title 5, United States Code, is amended to read as follows: 4509. Prohibition of cash award to certain officers (a) Definition For purposes of this section, the term agency refers to any agency within the meaning of section 551(1) or 4501(1). (b) Prohibition An officer may not receive a cash award under this subchapter if such officer— (1) is the head of an agency; (2) serves in— (A) a position under section 5312 (relating to positions at level I of the Executive Schedule); or (B) a position for which the compensation is set in statute by reference to section 5312 or level I of the Executive Schedule; or (3) is a voting member of an independent establishment. . (2) Clerical amendment The analysis for chapter 45 of title 5, United States Code, is amended by striking the item relating to section 4509 and inserting the following: 4509. Prohibition of cash award to certain officers. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1931ih/xml/BILLS-113hr1931ih.xml |
113-hr-1932 | I 113th CONGRESS 1st Session H. R. 1932 IN THE HOUSE OF REPRESENTATIVES May 9, 2013 Mr. Fortenberry introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Food Security Act of 1985 to restore integrity to and strengthen payment limitation rules for commodity payments and benefits.
1. Short title This Act may be cited as the Farm Program Integrity Act of 2013 . 2. Payment limitations (a) In general Section 1001 of the Food Security Act of 1985 ( 7 U.S.C. 1308 ) is amended— (1) in subsection (a), by striking paragraph (3) and inserting the following: (3) Legal entity (A) In general The term legal entity means— (i) an organization that (subject to the requirements of this section and section 1001A) is eligible to receive a payment under a provision of law referred to in subsection (b), (c), or (d); (ii) a corporation, joint stock company, association, limited partnership, limited liability company, limited liability partnership, charitable organization, estate, irrevocable trust, grantor of a revocable trust, or other similar entity (as determined by the Secretary); and (iii) an organization that is participating in a farming operation as a partner in a general partnership or as a participant in a joint venture. (B) Exclusion The term legal entity does not include a general partnership or joint venture. ; (2) by striking subsections (b) through (d) and inserting the following: (b) Limitation on payments for covered commodities and peanuts The total amount of payments received, directly or indirectly, by a person or legal entity for any crop year for 1 or more covered commodities and peanuts under title I of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8701 et seq. ) (or a successor provision) may not exceed $125,000, of which— (1) not more than $75,000 may consist of marketing loan gains and loan deficiency payments under subtitle B or C of title I of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8731 et seq.) (or a successor provision); and (2) not more than $50,000 may consist of any other payments made for covered commodities and peanuts under title I of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8702 et seq.) (or a successor provision). (c) Spousal equity (1) In general Notwithstanding subsection (b), except as provided in paragraph (2), if a person and the spouse of the person are covered by paragraph (2) and receive, directly or indirectly, any payment or gain covered by this section, the total amount of payments or gains (as applicable) covered by this section that the person and spouse may jointly receive during any crop year may not exceed an amount equal to twice the applicable dollar amounts specified in subsection (b). (2) Exceptions (A) Separate farming operations In the case of a married couple in which each spouse, before the marriage, was separately engaged in an unrelated farming operation, each spouse shall be treated as a separate person with respect to a farming operation brought into the marriage by a spouse, subject to the condition that the farming operation shall remain a separate farming operation, as determined by the Secretary. (B) Election to receive separate payments A married couple may elect to receive payments separately in the name of each spouse if the total amount of payments and benefits described in subsection (b) that the married couple receives, directly or indirectly, does not exceed an amount equal to twice the applicable dollar amounts specified in those subsections. ; (3) in paragraph (3)(B) of subsection (f), by adding at the end the following: (iii) Irrevocable trusts In promulgating regulations to define the term legal entity as the term applies to irrevocable trusts, the Secretary shall ensure that irrevocable trusts are legitimate entities that have not been created for the purpose of avoiding a payment limitation. ; and (4) in subsection (h), in the second sentence, by striking or other entity and inserting or legal entity . (b) Conforming amendments (1) Section 1001 of the Food Security Act of 1985 ( 7 U.S.C. 1308 ) is amended— (A) in subsection (e), by striking subsections (b) and (c) each place it appears in paragraphs (1) and (3)(B) and inserting subsection (b) ; (B) in subsection (f)— (i) in paragraph (2), by striking Subsections (b) and (c) and inserting Subsection (b) ; (ii) in paragraph (4)(B), by striking subsection (b) or (c) and inserting subsection (b) ; (iii) in paragraph (5)— (I) in subparagraph (A), by striking subsection (d) ; and (II) in subparagraph (B), by striking subsection (b), (c), or (d) and inserting subsection (b) ; and (iv) in paragraph (6)— (I) in subparagraph (A), by striking Notwithstanding subsection (d), except as provided in subsection (g) and inserting Except as provided in subsection (f) ; and (II) in subparagraph (B), by striking subsections (b), (c), and (d) and inserting subsection (b) ; (C) in subsection (g)— (i) in paragraph (1)— (I) by striking subsection (f)(6)(A) and inserting subsection (e)(6)(A) ; and (II) by striking subsection (b) or (c) and inserting subsection (b) ; and (ii) in paragraph (2)(A), by striking subsections (b) and (c) and inserting subsection (b) ; and (D) by redesignating subsections (e) through (h) as subsections (d) through (g), respectively. (2) Section 1001A of the Food Security Act of 1985 ( 7 U.S.C. 1308–1 ) is amended— (A) in subsection (a), by striking subsections (b) and (c) of section 1001 and inserting section 1001(b) ; and (B) in subsection (b)(1), by striking subsection (b) or (c) of section 1001 and inserting section 1001(b) . (3) Section 1001B(a) of the Food Security Act of 1985 ( 7 U.S.C. 1308–2(a) ) is amended in the matter preceding paragraph (1) by striking subsections (b) and (c) of section 1001 and inserting section 1001(b) . (c) Application The amendments made by this section shall apply beginning with the 2014 crop year. 3. Payments limited to active farmers Section 1001A of the Food Security Act of 1985 ( 7 U.S.C. 1308–1 ) is amended— (1) in subsection (b)(2)— (A) by striking or active personal management each place it appears in subparagraphs (A)(i)(II) and (B)(ii); and (B) in subparagraph (C), by striking , as applied to the legal entity, are met by the legal entity, the partners or members making a significant contribution of personal labor or active personal management and inserting are met by partners or members making a significant contribution of personal labor, those partners or members ; and (2) in subsection (c)— (A) in paragraph (1)— (i) by striking subparagraph (A) and inserting the following: (A) the landowner share-rents the land at a rate that is usual and customary; ; (ii) in subparagraph (B), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (C) the share of the payments received by the landowner is commensurate with the share of the crop or income received as rent. ; (B) in paragraph (2)(A), by striking active personal management or ; (C) in paragraph (5)— (i) by striking (5) and all that follows through (A) In general .—A person and inserting the following: (5) Custom farming services A person ; (ii) by inserting under usual and customary terms after services ; and (iii) by striking subparagraph (B); and (D) by adding at the end the following: (7) Farm managers A person who otherwise meets the requirements of this subsection other than (b)(2)(A)(i)(II) shall be considered to be actively engaged in farming, as determined by the Secretary, with respect to the farming operation, including a farming operation that is a sole proprietorship, a legal entity such as a joint venture or general partnership, or a legal entity such as a corporation or limited partnership, if the person— (A) makes a significant contribution of management to the farming operation necessary for the farming operation, taking into account— (i) the size and complexity of the farming operation; and (ii) the management requirements normally and customarily required by similar farming operations; (B) (i) is the only person in the farming operation qualifying as actively engaged in farming by using the farm manager special class designation under this paragraph; and (ii) together with any other persons in the farming operation qualifying as actively engaged in farming under subsection (b)(2) or as part of a special class under this subsection, does not collectively receive, directly or indirectly, an amount equal to more than the applicable limits under section 1001(b); (C) does not use the management contribution under this paragraph to qualify as actively engaged in more than 1 farming operation; and (D) manages a farm operation that does not substantially share equipment, labor, or management with persons or legal entities that with the person collectively receive, directly or indirectly, an amount equal to more than the applicable limits under section 1001(b). . | https://www.govinfo.gov/content/pkg/BILLS-113hr1932ih/xml/BILLS-113hr1932ih.xml |
113-hr-1933 | I 113th CONGRESS 1st Session H. R. 1933 IN THE HOUSE OF REPRESENTATIVES May 9, 2013 Ms. Fudge (for herself, Ms. Eddie Bernice Johnson of Texas , Mr. Thompson of Mississippi , Mr. Rangel , Ms. Kaptur , Ms. Pingree of Maine , Mr. Conyers , and Ms. Chu ) introduced the following bill; which was referred to the Committee on Agriculture , and in addition to the Committee on Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide assistance and opportunity for the creation and support of sustainable agriculture activities in America’s cities and to improve access to nutrition in America’s cities.
1. Short title; table of contents (a) Short title This Act may be cited as the Let’s Grow Act of 2013 . (b) Table of contents The table of contents of this Act is the following: Sec. 1. Short title; table of contents. Title I—Improving Access to Fresh and Nutritious Food Sec. 101. Healthy corner store initiative. Sec. 102. Virtual farmers’ markets. Sec. 103. Local food insecurity assessments: assessing the unique nutritional needs of local communities. Sec. 104. Hunger-free communities. Sec. 105. EBT farmers market accessibility program. Sec. 106. Farm-to-Preschool program. Sec. 107. Extension of pilot projects to evaluate health and nutrition promotion in the supplemental nutrition assistance program. Sec. 108. Expanding and improving the affordability and nutritional integrity of the USDA Fresh Fruit and Vegetable Program. Title II—Creation of the Healthy Food Financing Initiative Sec. 201. Purpose and definitions. Sec. 202. Establishment of Healthy Food Financing Initiative and eligible projects. Sec. 203. Duties of Secretary. Sec. 204. National fund manager. Sec. 205. Allocation and use of funds. Sec. 206. Partnerships. Sec. 207. Evaluation and monitoring. Sec. 208. Administrative provisions. Sec. 209. Authorization of appropriations. Title III—Development of Sustainable Urban Agriculture Sec. 301. Community gardening grant program. Sec. 302. Grants for conversion of abandoned and foreclosed property to urban agricultural uses. Sec. 303. Expansion of HarvestCorps program. Sec. 304. Acquisition of publically owned land and conversion to urban farms and community gardens. Sec. 305. Urban agricultural workforce training pilot program. Sec. 306. Urban agriculture development grants program. Sec. 307. Clean and safe drinking water for urban areas and waterways. Sec. 308. Extension of assistance to socially disadvantaged urban farmers and ranchers. Sec. 309. Urban entrepreneur and microenterprise assistance program. Sec. 310. Local farm business and market garden competitive loan program. Title IV—Eradicating Hunger Sec. 401. Weekends and holidays without hunger. Sec. 402. Expansion and modernization of the commodity supplemental food program. Sec. 403. Expansion and modernization of the emergency food assistance program. Sec. 404. Food bank equipment and technology program. Title V—Go Green Sec. 501. Green and Sustainable Schools, Museums, and Libraries Grant Program. I Improving Access to Fresh and Nutritious Food 101. Healthy corner store initiative (a) In general The Secretary of Agriculture shall carry out a program, to be known as the Green and Healthy Corner Store Initiative, of awarding grants to units of general local government, nonprofit organizations, and tribal governments to assist qualified convenience stores to expand and sustain their offering of fruits and vegetables. (b) Priority In awarding grants under this section, the Secretary shall give priority to applicants proposing to provide assistance to qualified convenience stores in low-income communities. (c) Assistance Assistance provided to a qualified convenience store pursuant to this section may include the following: (1) Seed money for the purchase of fruits and vegetables and for equipment needed to sell fruits and vegetables, such as but not limited to refrigerators. (2) Seed money for converting to energy-saving equipment, such as but not limited to energy-efficient lighting and refrigerators and a ductless HVAC system, to minimize the additional energy costs associated with the refrigeration needed to stock fruits and vegetables. (3) Educational tools and information on the importance of fresh fruits and vegetables. (4) Simple recipes to assist customers in healthy food preparation. (d) Requirements for convenience stores As a condition on receipt of funds under this section, a grantee shall agree to ensure that any qualified convenience store receiving assistance through the grant will— (1) maintain its expanded offering of fruits and vegetables for a minimum time to be determined by the Secretary; (2) limit the number of its advertisements for alcoholic beverages and cigarettes and offer at least an equal amount of advertising for fruits and vegetables; (3) place advertisements for fruits and vegetables prominently in the front of the store; (4) advertise that the store is participating in the Green and Healthy Corner Store Initiative; and (5) work to partner with rural and urban farmers markets to obtain fruits and vegetables for sale. (e) Cooperation among stores To decrease prices The Secretary shall encourage grant recipients under this section to encourage qualified convenience stores receiving assistance through the grant to combine efforts with other convenience stores when ordering fruits and vegetables from distributors in an effort to decrease the price of such goods. (f) Definitions In this section: (1) The term Bureau-funded school has the meaning given to such term in section 1141 of the Education Amendments of 1978 ( 25 U.S.C. 2021 ). (2) The terms elementary school , local educational agency , and secondary school have the meanings given to such terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) The term low-income communities includes— (A) communities with a high percentage of children eligible for free and reduced priced lunches under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ); and (B) any other communities determined by the Secretary to be low-income for purposes of this section. (4) The term Secretary means the Secretary of Agriculture. (5) The term qualified convenience store means a convenience store located within a quarter mile of an elementary school or a secondary school that is a public school or a Bureau-funded school. 102. Virtual farmers’ markets (a) Establishment of grant program From the amounts appropriated to carry out this section, the Secretary of Agriculture shall award grants, on a competitive basis, to eligible entities to enable such entities to carry out a program that provides access to farmers’ markets to communities that are food deserts. (b) Use of funds An eligible entity receiving a grant under this section shall use such funds for the following: (1) Purchasing virtual farmers market software (including computer kiosks and swipe card stations), or entering into a contract with an eligible organization to develop and maintain the technology necessary, to carry out a virtual farmers market program to enable individuals and organizations in communities that are food deserts to order and purchase fruits and vegetables and other healthy food items using such technology. (2) Training staff to— (A) assist individuals and organizations in communities that are food deserts to order and purchase food products under the program described in paragraph (1); and (B) purchase and order food products under the program for the eligible entity. (3) Packaging food products purchased under the program in manner that makes transportation of the products possible by foot. (4) Paying staff to manage the program, and package and assist in the distribution and delivery of food products purchased under the program. (5) Raising public awareness about the program. (6) Developing simple food preparation strategies and menus for customers of the program. (7) Coordinating with the Secretary of Agriculture to develop mechanisms to enable reimbursement under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ) for purchases made under the program. (8) Purchasing or rehabilitating buses, including buses that were formerly used as school buses, that may be used to transport to the eligible entity— (A) the foods ordered and purchased under the program using the technology described in paragraph (1); or (B) other fruits and vegetables that meet the requirements of subsection (e) in order to provide additional opportunities for individuals and organizations in communities that are food deserts to purchase locally grown fruits and vegetables. (c) Application In order to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (d) Grant amount A grant awarded under this section may not be greater than $10,000. (e) Limitations on food purchased To the extent practicable, the majority of food purchased under a virtual farmers market program carried out by an eligible entity under this section shall be from farmers located within a 50-mile radius of the site where the food is ordered and delivered under the program, except in the case where the eligible entity demonstrates to the Secretary that no such farmers exist or that the farmers are not able to provide a sufficient variety or amount of food for the purposes of the program. (f) Report Not later than 1 year after the first fiscal year for which funds are appropriated to carry out this section, the Secretary shall report to Congress on the progress made in carrying out programs funded by grants under this section, including— (1) the number of individuals served by such programs and the barriers and opportunities for additional such programs; and (2) how such programs have increased access or encouraged permanent farmers markets to be established near communities that are food deserts. (g) Definitions In this section— (1) Bureau-funded school The term bureau-funded school has the meaning given such term in section 1146 of the Education Amendments of 1978 (25 U.S.C. 2026). (2) Eligible entity The term eligible entity means an entity that predominantly serves communities that are food deserts, including— (A) a local educational agency or bureau-funded school; (B) a nonprofit, community-based organization or entity (including a park and recreation department, recreation center, child care facility, or senior center); (C) a convenience store; or (D) other entity that the Secretaries deem to be an eligible entity. (3) Eligible organization The term eligible organization means an organization with expertise in developing and maintaining a virtual farmers market. (4) Local educational agency The term local educational agency has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (5) Food desert The term food desert has the meaning given such term in section 7527(a) of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–234 ). (6) Secretary The term Secretary means the Secretary of Agriculture. (7) Swipe card stations The term swipe card stations shall include support for the use of electronic benefit transfer cards. (8) Virtual farmers market The term virtual farmers market means an online grocery store that enables individuals to purchase foods from local farms and distributors. 103. Local food insecurity assessments: assessing the unique nutritional needs of local communities (a) In general The Secretary of Health and Human Services shall establish a 3-year pilot program to award grants to local and tribal governments, on a competitive basis, to allow such local and tribal governments, in partnership with the local community organizations under subsection (e) , to— (1) conduct a food security assessment; and (2) make an inventory of the system in order to identify the strengths and gaps in such system. (b) Data points for Assessment For purposes of conducting an Assessment and making an inventory under a grant under subsection (a) , with respect to the community served by a local or tribal government, such government shall examine the following food security and food system issues in the community: (1) The prevalence of childhood obesity. (2) The availability of safe routes to school for children. (3) The quality of food served in school and child care settings. (4) The availability of supermarkets. (5) The cost and availability of fresh fruits and vegetables. (6) The concentration of convenience stores, and other food vendors that sell a disproportionate amount of foods that are not fresh fruits and vegetables. (7) The availability of products. (8) The concentration of fast food restaurants. (9) The availability of green space or recreation areas, and the extent to which such space or areas encourage physical activity by adults and children. (10) Any other issues determined to be relevant by the local or tribal government. (11) Any other issues determined to be relevant by the Secretary of Health and Human Services. (c) Number of sites The Secretary of Health and Human Services, in awarding grants under subsection (a) , shall award grants to no more than— (1) 20 local governments; and (2) 5 tribal governments. (d) Priority In awarding grants under subsection (a) , the Secretary of Health and Human Services shall give priority to those local and tribal governments that serve communities with the highest concentrations of poverty. (e) Requirement of partnerships In order to qualify for a grant under subsection (a) , a local or tribal government shall demonstrate, to the satisfaction of the Secretary of Health and Human Services, that the local or tribal government has entered into a partnership (for the purpose of conducting an assessment and making an inventory under subsection (a) ) with at least one of the following local community organizations: (1) A nonprofit community-based organization or entity. (2) A developer or urban planning institution. (3) An accredited college or university. 104. Hunger-free communities Section 4405 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 7517 ) is amended— (1) in subsection (a)— (A) by striking paragraph (1) and inserting the following: (1) Eligible entity (A) Collaborative grants In subsection (b), the term eligible entity means a public food program service provider or nonprofit organization, including an emergency feeding organization, that has collaborated or will collaborate with 1 or more local partner organizations to achieve at least 1 hunger-free communities goal. (B) Incentive grants In subsection (c), the term eligible entity means a nonprofit organization (including an emergency feeding organization), an agricultural cooperative, producer network or association, community health organization, public benefit corporation, economic development corporation, farmers’ market, community-supported agriculture program, buying club, supplemental nutrition assistance program retail food store, a State, local, or tribal agency, and any other entity the Secretary designates. ; and (B) by adding at the end the following: (4) Supplemental nutrition assistance program The term supplemental nutrition assistance program means the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.). (5) Underserved community The term underserved community has the meaning given the term in section 25 of the Food and Nutrition Act of 2008 (7 U.S.C. 2034). ; (2) in subsection (b)(1)(A), by striking not more than 50 percent of any funds made available under subsection (e) and inserting funds made available under subsection (d)(1) ; and (3) by striking subsections (c), (d), and (e) and inserting the following: (c) Hunger-Free communities incentive grants (1) Authorization (A) In general In each of the years specified in subsection (d), the Secretary shall make grants to eligible entities in accordance with paragraph (2). (B) Federal share The Federal share of the cost of carrying out an activity under this subsection shall not exceed 50 percent of the total cost of the activity. (C) Non-Federal share (i) In general The non-Federal share of the cost of an activity under this subsection may be provided— (I) in cash or in-kind contributions as determined by the Secretary, including facilities, equipment, or services; and (II) by a State or local government or a private source. (ii) Limitation In the case of a for-profit entity, the non-Federal share described in clause (i) shall not include services of an employee, including salaries paid or expenses covered by the employer. (2) Criteria (A) In general For purposes of this subsection, an eligible entity is a governmental agency or nonprofit organization that— (i) meets the application criteria set forth by the Secretary; and (ii) proposes a project that, at a minimum— (I) has the support of the State agency; (II) would increase the purchase of fruits and vegetables by low-income consumers participating in the supplemental nutrition assistance program by providing incentives at the point of purchase; (III) agrees to participate in the evaluation described in paragraph (4); (IV) ensures that the same terms and conditions apply to purchases made by individuals with benefits issued under this Act and incentives provided for in this subsection as apply to purchases made by individuals who are not members of households receiving benefits, such as provided for in section 278.2(b) of title 7, Code of Federal Regulations (or a successor regulation); and (V) includes effective and efficient technologies for benefit redemption systems that may be replicated in other for States and communities. (B) Priority In awarding grants under this section, the Secretary shall give priority to projects that— (i) maximize the share of funds used for direct incentives to participants; (ii) use direct-to-consumer sales marketing; (iii) demonstrate a track record of designing and implementing successful nutrition incentive programs that connect low-income consumers and agricultural producers; (iv) provide locally or regionally produced fruits and vegetables; (v) are located in underserved communities; or (vi) address other criteria as established by the Secretary. (3) Applicability (A) In general The value of any benefit provided to a participant in any activity funded under this subsection shall not be considered income or resources for any purpose under any Federal, State, or local law. (B) Prohibition on collection of sales taxes Each State shall ensure that no State or local tax is collected on a purchase of food under this subsection. (C) No limitation on benefits A grant made available under this subsection shall not be used to carry out any project that limits the use of benefits under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ) or any other Federal nutrition law. (D) Household allotment Assistance provided under this subsection to households receiving benefits under the supplemental nutrition assistance program shall not— (i) be considered part of the supplemental nutrition assistance program benefits of the household; or (ii) be used in the collection or disposition of claims under section 13 of the Food and Nutrition Act of 2008 (7 U.S.C. 2022). (4) Evaluation (A) Independent evaluation The Secretary shall provide for an independent evaluation of projects selected under this subsection that measures the impact of each project on— (i) improving the nutrition and health status of participating households receiving incentives under this subsection; and (ii) increasing fruit and vegetable purchases in participating households. (B) Requirement The independent evaluation under subparagraph (A) shall use rigorous methodologies capable of producing scientifically valid information regarding the effectiveness of a project. (C) Costs The Secretary may use funds not to exceed 10 percent of the funding provided to carry out this section to pay costs associated with administering, monitoring, and evaluating each project. (d) Funding (1) Authorization of appropriations There is authorized to be appropriated to carry out subsection (b) $5,000,000 for each of fiscal years 2014 through 2018. (2) Mandatory Funding Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out subsection (c)— (A) $15,000,000 for fiscal year 2014; (B) $20,000,000 for each of fiscal years 2015 through 2017; and (C) $25,000,000 for fiscal year 2018. . 105. EBT farmers market accessibility program (a) Authority for program The Secretary of Agriculture shall develop and carry out a program to make grants to entities that operate farmers markets in urban areas for the purchase of equipment and to finance the installation of equipment necessary to operate EBT systems at farmers markets. (b) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000 for each of the fiscal years in the 8-year period beginning on the October 1 of the first fiscal year that begins after the date of the enactment of this Act. 106. Farm-to-Preschool program (a) Authority for program The Secretary of Agriculture shall develop and carry out a grant program to make grants to community-based and nonprofit organizations to develop a Farm-to-Preschool program that fosters the connection between preschools, Head Start programs, childcare or daycare centers, kindergarten readiness programs in K–12 school districts, and in-home care facilities, with small- or medium-sized agricultural producers, for the purposes of— (1) developing an industry-leading preschool nutrition education and meal program designed to help prevent the onset of childhood obesity and develop foundational healthy eating and lifestyle habits, (2) creating nutritious and healthy made-from-scratch meals and menus using recipes that include mostly locally grown and produced organic foods, (3) developing recipes and menus that will serve as a tool for parent awareness, access to healthy food, food preparation, and eating, and engagement in nutrition education, (4) developing experiential educational curricula centered around farms, farmers’ markets, and school gardens for parents and children, (5) replicating Farm-to-Preschool parent awareness and engagement in nutrition education, healthy eating and food preparation nationally, (6) supporting local and regional agriculture communities, and (7) promoting the institutionalization of preschool wellness policies. (b) Availability and use of grants The Secretary shall make grants under subsection (a)— (1) to be used— (A) to support the initial costs of implementing a new, or expanding an existing, Farm-to-Preschool program, (B) in an amount not to exceed $250,000 to support the training and access to resources and information necessary to conduct a successful Farm-to-Preschool program, or (C) in an amount not to exceed $50,000 to support the cost of conducting research, identifying resources, and developing partnerships to design a successful and sustainable Farm-to-Preschool program, (2) to eligible entities that agree to provide, in cash or in kind, not less that 20 percent of the cost of the use for which the respective grants are made, and (3) to achieve to the maximum extent practicable geographical diversity and grantee participation in urban, rural and tribal communities. (c) Report Not later than 1 year after the first fiscal year for which funds are appropriated to carry out this section, the Secretary of Agriculture shall report to Congress on the progress made in carrying out programs funded by grants under this section, including preschool nutrition education curricula centered around farms, farmers’ markets, and school gardens, and the institutionalization of preschool wellness policies. (d) Authorization of appropriations There is authorized to be appropriated for fiscal years 2014 through 2018 in the aggregate $10,000,000 to carry out this section. 107. Extension of pilot projects to evaluate health and nutrition promotion in the supplemental nutrition assistance program Section 17(k)(5)(A) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2036(k)(5)(A) ) is amended by striking 2012 and inserting 2018 . 108. Expanding and improving the affordability and nutritional integrity of the USDA Fresh Fruit and Vegetable Program Subsection (b) of section 19 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769a(b) ) is amended to read as follows: (b) Program A school participating in the program— (1) shall make free fruits and vegetables available to students throughout the school day (or at such other times as are considered appropriate by the Secretary) in 1 or more areas designated by the school; and (2) may make free fruits and vegetables in any other form (such as fresh, frozen, dried, pureed, or canned) available to students throughout the school day (or at such other times as are considered appropriate by the Secretary) in 1 or more areas designated by the school only if such fruits and vegetables meet any additional nutrition specifications, as established by the Secretary. . II Creation of the Healthy Food Financing Initiative 201. Purpose and definitions (a) Purpose The purpose of the Healthy Food Financing Initiative is to improve access to healthy foods in underserved areas, to create and preserve quality jobs, and to revitalize low-income communities by providing loans and grants to retailers of fresh and healthy food to overcome the higher costs and initial barriers to entry in underserved urban, suburban, and rural areas. (b) Definitions In this title: (1) Community development financial institution The term community development financial institution has the meaning given the term in section 103 of the Community Development Banking and Financial Institutions Act of 1994 ( 12 U.S.C. 4702 ). (2) Expand or preserve the availability of fresh fruits and vegetables in underserved areas The term expand or preserve the availability of fresh fruits and vegetables in underserved areas means— (A) in the case of a project not involving a regional food hub, a project that— (i) carries a variety of fresh produce, as defined by the national fund manager to reflect differences in project size and type; (ii) sells food for home preparation and consumption; and (iii) at a minimum— (I) offers for sale at least 3 different varieties of food in each of the 4 staple food groups (bread and grains, dairy, fruits and vegetables, and meat, poultry, and fish), with perishable food in at least 2 categories, on a daily basis; or (II) has at least 50 percent of the total sales of the store (including food and nonfood items or services) from the sale of eligible staple food; and (B) in the case of a regional food hub, a project that— (i) supplies a variety of fresh produce to a healthy food retailer located in an underserved, low- and moderate-income area; and (ii) participates in the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ). (3) Farmers’ market The term farmers’ market means a common facility or area in which several agricultural producers gather on a regular and recurring basis to sell a variety of fresh fruits and vegetables and other locally grown agricultural products directly to consumers. (4) Food access organization The term food access organization means a nonprofit organization with expertise in improving access to healthy food in underserved communities. (5) Healthy food retailer The term healthy food retailer means a commercial, cooperative, and nonprofit seller of fresh or healthy food, including a grocery store, mobile healthy food retailer, farmers’ market, cooperative, corner store, bodega, or other store that sells other food and non-food options along with a full range of fresh or healthy foods. (6) Initiative The term Initiative means the Healthy Food Financing Initiative. (7) Local funds The term local funds means the allocation of national funds and any other forms of financial assistance (including grants, loans, and equity investments) that are raised by partnerships to carry out the purposes of the Initiative. (8) National funds The term national funds means amounts appropriated to carry out the Initiative and any other forms of financial assistance (including grants, loans, and equity investments) that are raised by the national fund manager to carry out the Initiative. (9) National fund manager The term national fund manager means a community development financial institution in existence as of the date of enactment of this Act and certified by the Community Development Financial Institutions Fund of the Department of the Treasury that is designated by the Secretary to manage the Initiative for purposes of— (A) raising private capital; (B) providing financial and technical assistance to partnerships; and (C) funding eligible projects directly at the request of partnerships to attract retailers of healthy food to underserved urban, suburban, and rural areas in accordance with this title. (10) Partnership (A) In general The term partnership means a regional, State, or local public and private partnership that is organized to improve access to healthy foods by providing financial and technical assistance to eligible projects. (B) Inclusions The term includes— (i) an unit of State, local, or tribal government or a quasi-public State or local government agency; (ii) a food access or community health organization committed to improving access to healthy foods; (iii) a community development financial institution or other organization that is capable of administering a loan and grant program in accordance with this title; and (iv) other organizations interested in improving access to healthy foods in underserved areas. (11) Perishable food (A) In general The term perishable food means food that is fresh, refrigerated, or frozen. (B) Exclusion The term perishable food does not include packaged or canned goods. (12) Regional food hub The term regional food hub means a business or organization that actively manages the aggregation, distribution, and marketing of source-identified food products primarily from local and regional producers to strengthen the ability of the producers to satisfy wholesale, retail, and institutional demand. (13) Secretary The term Secretary means the Secretary of Agriculture. (14) Serve The term serve means, with respect to a regional food hub, that the regional food hub, in connection with an eligible project, supplies fresh produce or other healthy foods— (A) to a healthy food retailer that participates in the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); (B) to a healthy food retailer located in a low- or moderate-income area; and (C) to institutions such as hospitals, schools, or food banks that largely serve a low- and moderate-income area. (15) Staple food (A) In general The term staple food means food that is a basic dietary item, including bread, flour, fruits, vegetables, and meat. (B) Exclusions The term staple food does not include snack or accessory food (such as chips, soda, coffee, condiments, and spices) or ready-to-eat, prepared food. (16) Variety The term variety means an assortment of different types of food items. 202. Establishment of Healthy Food Financing Initiative and eligible projects (a) Establishment There is established in the Department of Agriculture a Healthy Food Financing Initiative. (b) Management Not later than 1 year after the date of enactment of this Act, the Secretary shall select and enter into a grant agreement with a national fund manager that will be responsible for the management of the Initiative. (c) Eligible projects (1) Eligibility criteria Subject to the requirements of this section, the national fund manager shall establish the eligibility criteria for projects to be assisted by the Initiative. (2) Required project elements To be eligible to receive assistance through the Initiative, a project shall— (A) include a supermarket, grocery store, regional food hub, farmers’ market, or other healthy food retailer; (B) consist of a for-profit business enterprise, a member- or worker-owned cooperative, or a nonprofit organization; (C) meet the eligibility criteria established under this section; (D) continue to be a viable business enterprise with a financial viability plan; (E) require an investment of public funding to move forward and be competitive; (F) operate on a self-service basis; (G) expand or preserve the availability of fresh fruits and vegetables in underserved areas and other healthy, fresh, high quality unprepared and unprocessed foods in such areas; and (H) (i) in the case of a regional food hub, serve retailers that accept benefits under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ); or (ii) in the case of a retailer that is not a regional food hub, agree to accept such benefits. (d) Income criteria Each eligible project shall be located in or, in the case of a project involving a regional food hub, shall serve— (1) a low- or moderate-income census tract, as determined by the Bureau of the Census of the Department of Commerce; (2) a population census tract that is treated as a low-income community under section 45D(e) of the Internal Revenue Code of 1986; or (3) an area that significantly serves an adjacent area that meets the criteria described in paragraph (1) or (2), as approved by the national fund manager. (e) Underserved criteria (1) In general Each eligible project shall be located in, or in the case of a project involving a regional food hub, shall serve, an underserved area, as determined by the partnerships according to criteria established by the national fund manager. (2) Factors In determining whether an area is an underserved area, the following factors shall be taken into consideration: (A) Population density. (B) Below average supermarket density or sales. (C) Car ownership. (D) Geographical or physical barriers, such as highways, mountains, major parks, bodies of water, or areas with large amounts of vacant lots or foreclosed properties. (3) Locations On an annual basis, the national fund manager shall collect data and publish maps that show the location of underserved areas. (f) Priority projects (1) In general Priority shall be given to projects that— (A) are located in severely distressed low-income communities, as defined by the Community Development Financial Institutions Fund of the Department of the Treasury; and (B) include 1 or more of the following characteristics: (i) The project will create or retain quality jobs in the community, as determined in accordance with paragraph (2). (ii) The project has community support in terms of store quality, affordability, site location, and coordination with local community plans or other programs promoting community and economic development. (iii) The project supports regional food systems and locally grown foods, to the extent available. (iv) In major metropolitan areas, the project is associated with a transit-oriented development project. (v) In areas with public transit, the project is accessible by public transit. (vi) The project involves the reuse of a building that is listed in or eligible for the National Register of Historic Places. (vii) The project involves a brownfield or grayfield (as those terms are used in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.)). (viii) The estimated energy consumption of the project, calculated using building energy software approved by the Department of Energy, will qualify the project for designation under the Energy Star program established by section 324A of the Energy Policy and Conservation Act ( 42 U.S.C. 6294a ). (ix) The project involves women- and minority-owned businesses. (2) Quality jobs For purposes of paragraph (1)(B)(i), a quality job is a job that— (A) provides wages that are comparable to or better than similar positions in existing businesses of similar size in similar local economies; (B) offers benefits that are comparable to or better than what is offered for similar positions in existing local businesses of similar size in similar local economies; and (C) is targeted for residents of neighborhoods with a high proportion of persons of low income (as that term is defined in section 102(a) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5302(a) )) through local targeted hiring programs. 203. Duties of Secretary (a) In general The Secretary shall— (1) designate a national fund manager to manage national funds; (2) oversee the Initiative nationally; (3) work closely with the national fund manager— (A) to ensure that funds are used appropriately and in the most effective manner practicable; and (B) to develop the program strategy into a detailed work plan, program, and operating budget; (4) review and approve the operating budget for the national fund manager to ensure that the administrative costs are— (A) reasonable (not more than 5 percent of the total budget); (B) connected to the costs of operations; and (C) reflect efficient operations by the national fund manager; and (5) make available to the public an annual report, using data obtained from the Department of Agriculture, the Department of Health and Human Services, and the community development financial institutions, that describes the impacts of the Initiative, including tracking health and economic development indicators at the local, State, and national levels to determine the impacts of individual projects and the collective impact in local areas and statewide of funded projects and the Initiative overall. (b) Performance targets (1) In general The Secretary shall conduct financial audits of, and establish performance targets for, the national fund manager, which shall include, at a minimum, the requirements described in this subsection. (2) Geographic spread Partnerships funded by the Initiative shall be geographically diverse and representative of the underserved areas across the United States. (3) Focus on low-income communities A substantial portion of the projects funded by partnerships shall serve very low- and low-income communities, as defined by the Bureau of the Census of the Department of Commerce. (4) Financial effectiveness of the national fund manager The national fund manager and any local financial institution involved in a partnership shall demonstrate on-going capacity and timeliness in raising private capital and disbursing funds as required under the Initiative. (5) Technical assistance effectiveness of the national fund manager The provision of technical assistance by the national fund manager shall be evaluated based on— (A) the responsiveness of the national fund manager to requests for assistance; and (B) the ability of the national fund manager to craft programs that develop needed new capacities in partnerships. (6) Impact Performance targets shall address the allocation of funds by the national fund manager to partnerships and the tracking and reporting of the impacts of the funds in improving access to fresh, healthy foods and in achieving other related impacts. (c) Disbursement of funds The Secretary shall assist in the administration of the Initiative by approving the disbursement of funds to the national fund manager in a manner that facilitates the implementation of the overall Initiative. 204. National fund manager (a) Selection of National fund manager The Secretary shall select the national fund manager through a competitive process from among community development financial institutions that have a proven and recent track record of success and effectiveness in— (1) attracting private capital; (2) developing and managing programs that provide grants and loans to support supermarkets and other healthy food retailers in low- and moderate-income areas, including the development of grocery stores, farmers markets, and other healthy food retailer models; (3) making and servicing loans that are similar to loans proposed in the Initiative or having a record of otherwise successfully investing in the development of healthy food retailers; (4) effectively managing multiple contracts and subcontractors; (5) effectively managing large capital pools, of at least $100,000,000; and (6) providing or contracting for the provision of technical assistance. (b) Responsibilities of the national fund manager The designated national fund manager shall— (1) raise other forms of financial assistance to match or leverage the national funds; (2) use administrative funds to develop appropriate training programs and offer technical assistance services to— (A) partnerships; (B) State, local, and tribal governments; (C) the food retail industry; and (D) food access and health advocacy organizations to augment local capacities; (3) develop financial products such as loans, grants, and credit enhancement tools that can be used by partnerships to incentivize and support the development and retention of supermarkets and other healthy food retailers in underserved areas; (4) award Initiative funds to eligible partnerships through an annual competitive process in accordance with section 205(d); (5) contract with a national food access organization to assist in the review of applications from partnerships and to provide technical assistance to local food access organizations in the proposed partnerships; (6) award and disburse funds to partnerships or eligible local projects in a timely manner; (7) create and meet performance benchmarks and reporting guidelines, as approved by the Secretary, including for— (A) the amount of capital raised and leveraged from financial institutions, partnerships, and other resources; (B) the geographic diversity of partnerships; and (C) the proportion of projects funded by the partnership that are in severely distressed low-income communities; (8) develop program guidelines and operating procedures for the Initiative, including— (A) maximum grant and loan amounts for projects; (B) eligible uses of funds; (C) prudent underwriting criteria; (D) performance targets; (E) reporting guidelines; (F) limits on administrative costs; and (G) implementation milestones; (9) monitor the performance of partnerships; and (10) collect data, compile information, and conduct such research studies as the national fund manager determines to be relevant to the successful implementation of the Initiative, including— (A) to assess national and local market conditions; (B) to determine barriers to market entry; and (C) to identify opportunities for the development or retention of supermarkets and other healthy food retailers in underserved communities. (c) Work plan (1) In general Not later than 45 days after the date of receipt of an award, the national fund manager shall develop, with guidance from and in consultation with the Secretary, and submit to the Secretary, a detailed work plan. (2) Approval required The Secretary shall review and approve the work plan, program budget, and administrative costs under subsection (e)(4)(C) prior to entering into an agreement with the national fund manager to administer the Initiative. 205. Allocation and use of funds (a) Allocation The national fund manager shall— (1) allocate at least 70 percent of all funds appropriated for the Initiative for a fiscal year to partnerships that are selected based on the criteria described in subsection (d); (2) use not more than 25 percent of all funds appropriated for the Initiative for a fiscal year to establish regional food hubs; and (3) retain the remainder of the funds appropriated for the Initiative for a fiscal year to undertake financing activities described in subsection (c), including a reasonable amount for administrative costs (not to exceed 5 percent) approved by the Secretary. (b) Use of the national funds by partnership programs (1) In general As a condition on the receipt of funds, each partnership shall use— (A) the national funds received from the national fund manager under subsection (a)(1) to create 1 or more revolving loan programs or other revolving pools of capital or other products to facilitate financing of local projects as determined by the agreement between the partnership and the national fund manager; and (B) any remaining funds for grants, or, as approved, for innovative financing mechanisms. (2) Limitations (A) In general Use of funds for administrative costs and other purposes shall be— (i) limited in accordance with the terms of the agreement negotiated between the national fund manager and partnerships; (ii) based on whether administrative costs are reasonable, connected to the costs of operation, and reflect efficient operations by the partnership; and (iii) determined using criteria including geographic coverage, program duration, and total funding amount. (B) Goal The goal of this paragraph is to limit administrative costs to the maximum extent practicable, but in no case may the amount used for administrative costs exceed 10 percent of the Federal funds allocated. (c) Use of the national funds by the national fund manager The national fund manager shall use national funds described in subsection (a)(2) to undertake financing and other activities to enhance and maximize the effectiveness of the Initiative, as determined by the agreement with the Secretary, including— (1) attracting other forms of financial assistance to match or leverage the national funds; (2) awarding national funds to partnerships in accordance with subsection (d); (3) creating and managing pools of grant or loan capital that blend or leverage national funds with other forms of financial assistance, including capital in the form of tax credits under section 45D of the Internal Revenue Code of 1986, for the benefit of partnerships; (4) creating and managing pools of grant or loan capital that blend or leverage the national funds with other forms of financial assistance, including capital in the form of tax credits under section 45D of the Internal Revenue Code of 1986, to finance eligible local projects identified by partnerships or the national fund manager that have special or unique characteristics; (5) providing loans or grants directly to eligible local projects as matching funds if requested by a partnership; (6) providing credit enhancement or other financial products and instruments for the benefit of partnerships or eligible local projects; (7) providing technical assistance; and (8) funding reasonable administrative costs approved by the Secretary. (d) Criteria for awarding national funds to partnerships (1) In general The national fund manager shall award national funds to partnerships through a competitive process on an annual basis. (2) First round priority In the first round of funding, the national fund manager shall give priority to existing partnerships that have demonstrable capacity to implement fresh food financing programs in underserved areas quickly. (3) Additional rounds Additional rounds shall be designed to promote geographic diversity. (4) Criteria In awarding national funds to partnerships, the national fund manager shall consider— (A) the amount of funds and other resources pledged by a partnership to match or leverage national funds; (B) the degree of State, local, or tribal government support of the partnership as evidenced by matching grant and loan funds or other types of support, such as allocation of tax-exempt bonds, loan guarantees, and coordination of resources from other State or local economic development programs; (C) the capacity of the partnership to successfully develop and manage loan and grant programs; (D) the lack of supermarkets and other healthy food retailers in low- and moderate-income areas that would be served by the partnership; (E) the experience of the food access or community health organization of the partnership in outreach about access to healthy foods and local healthy food access issues; (F) the degree of community engagement and support in the development and retention of supermarkets and other healthy food retailers; and (G) the contribution of the program of the partnership to the overall geographic diversity of the Initiative. (e) Administrative costs (1) In general Not later than 45 days after the date of receipt of an award, the national fund manager shall submit to the Secretary for approval a 3-year program and operating budget and detailed work plan that shall include— (A) costs for research and evaluation, technical assistance, and training; and (B) program and operating costs. (2) Earned revenues Earned revenues from loan fees and interest may be expended on program and operating costs in accordance with the budget approved by the Secretary. (3) Basis of review The Secretary shall base the review under subparagraph (A) on— (A) the likelihood of the plan and expenditures to further the purposes of this section; and (B) whether the administrative costs are reasonable, connected to the costs of operation, and reflect efficient operations by the national fund manager. 206. Partnerships (a) In general Each partnership that receives assistance through the Initiative shall provide financial and technical assistance to eligible healthy food retailer projects in underserved areas within the defined communities of the partnership. (b) Administration Each partnership shall designate a community development financial institution or other organization that is capable of administering a loan and grant program— (1) to execute grant agreements with the national fund manager; and (2) to serve as the manager of local funds. (c) Responsibilities of partnerships A partnership shall— (1) raise other forms of financial assistance to match the national funds received by the partnership; (2) provide marketing and outreach to communities, the supermarket industry, other healthy food retailers, State and local government officials, and civic and public interest organizations— (A) to solicit applications from underserved areas from across the State or locality to be served by the partnership; and (B) to inform the communities and other persons about the availability of grants, loans, training, and technical assistance; (3) review and underwrite projects to determine whether— (A) a proposed project meets the criteria for eligible projects under section __02; and (B) a proposed project meets the criteria for priority projects under subsection (g) of such section; (4) provide technical assistance services to operators and developers of healthy food retailers; (5) track and report outcomes, including— (A) the number of jobs created or retained; (B) the quantity of healthy food retailer space created or retained and the quantity of regional food hub capacity developed; and (C) such other health and economic indicators as are required by the national fund manager; (6) monitor and audit funded projects to ensure compliance with the Initiative, the national fund manager, and partnership program requirements for a period of at least 3 years; (7) submit an annual report to the national fund manager that describes— (A) the activities of the partnership; (B) the expenditure of local funds; and (C) success in meeting performance targets and satisfying such other terms and conditions as are specified in the agreement between the partnership and the national fund manager; and (8) coordinate with the national fund manager for the smooth operation of the Initiative. (d) Administrative costs (1) In general As a condition on the receipt of assistance under this section, each partnership shall submit to the national fund manager for approval a 3-year budget and plan for all program and operating costs, including— (A) costs for research and evaluation, technical assistance, and training; and (B) administrative and operating costs. (2) Earned revenues Earned revenues from loan fees and interest may be expended on program and operating costs in accordance with the budget approved by the national fund manager. (3) Basis of review The national fund manager shall base the review of the budget and plan under paragraph (1) on the likelihood of the budget and plan to further the purposes of the Initiative. 207. Evaluation and monitoring (a) In general Program evaluation and financial audits shall occur at all levels of the Initiative to ensure that— (1) national and local funds are used properly; and (2) the objectives of the Initiative are met. (b) Program evaluation and financial audits (1) In general The Secretary shall— (A) conduct periodic program evaluations and financial audits of the national fund manager, partnerships, and projects funded by the Initiative; and (B) share with the national fund manager the results of the evaluations and audits. (2) Funded projects The Secretary or the national fund manager shall evaluate partnerships to assess the health and economic impacts of projects funded by the Initiative. (3) Other impacts (A) Secretary of Health and Human Services The Secretary of Health and Human Services shall conduct research studies and evaluate the health impacts of the Initiative. (B) Community Development Financial Institutions Representatives of the community development financial institutions shall conduct research studies and evaluate the economic impacts of the Initiative. (4) Partnerships (A) In general Each partnership shall— (i) conduct periodic administrative and financial audits of projects funded by the Initiative; and (ii) share with the national fund manager the results of the audits. (B) Failure of partnership In a case in which a partnership fails, the national fund manager shall take over the portfolio of the failed partnership. 208. Administrative provisions Not later than 180 days after the date of enactment of this Act, the Secretary shall promulgate such regulations as may be necessary to carry out the Initiative, including regulations— (1) for the conduct of a performance evaluation at the end of the initial 5-year period; (2) to terminate the contract for cause; and (3) to extend the contract for an additional 5-year period. 209. Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out the Initiative $500,000,000. Amounts appropriated pursuant to this authorization of appropriation shall remain available until expended. III Development of Sustainable Urban Agriculture 301. Community gardening grant program (a) Program established From the amounts appropriated to carry out this section, the Secretary of Agriculture shall award grants to eligible entities to expand, establish, or maintain urban and Native American community gardens. (b) Application In order to receive a grant under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including— (1) an assurance that priority for hiring for jobs created by the expansion, establishment, or maintenance of an urban community garden funded with a grant received under this section will be given to individuals who reside in the community where the garden is located; and (2) a demonstration that the eligible entity is committed to providing non-Federal financial or in-kind support (such as, but not limited to, providing a water supply) for the community garden for which the entity receives funds under this section. (c) Definitions In this section: (1) Eligible entity The term eligible entity means— (A) a for profit or nonprofit organization; or (B) a unit of general local government, or tribal government, located on tribal land or in a low-income community. (2) Low-income community The term low-income community has the meaning given such term by the Secretary of Agriculture. (3) Unit of general local government The term unit of general local government means any city, county, town, township, parish, village, or other general purpose political subdivision of a State. (4) State The term State includes, in addition to the several States of the United States, the Commonwealth of Puerto Rico, the District of Columbia, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. 302. Grants for conversion of abandoned and foreclosed property to urban agricultural uses (a) Grants authorized The Secretary of Agriculture may make grants on a competitive basis to assist an eligible entity described in subsection (b)— (1) to acquire, by purchase or lease, abandoned or foreclosed real property in an urban area where there is limited or no agricultural production; and (2) to convert the property to an agricultural use authorized by subsection (c). (b) Eligible entities described Grants may be made under this section to a community organization, municipality, institution of higher education, local school district, nonprofit organization, or for-profit entity. (c) Authorized agricultural uses Real property acquired using grant funds may be used for any of the following purposes: (1) Projects to encourage the production of local foods in an urban area. (2) Projects to strengthen local food distribution systems in an urban area. (3) Projects to create sustainable food systems in an urban area. (4) Projects to create or expand the opportunities to consume fresh fruits and vegetables in an urban area. (5) Projects to promote agricultural processing in an urban area. (6) Projects to encourage recipients of Federal and State domestic food assistance programs to purchase locally grown or produced foods. (7) Projects to promote education and training related to best practices for agricultural production in an urban area. (8) Projects to promote education initiatives that promote the nutritional benefits of consuming locally produced foods. (9) Other projects to promote economic development through agricultural production in an urban area. (d) Grant limitation The amount of a grant made under this section shall not exceed $500,000. (e) Authorization of appropriations There are authorized to be appropriated to the Secretary such amounts as may be necessary to carry out this section. 303. Expansion of HarvestCorps program (a) Authority To fund HarvestCorps grants The Secretary of Agriculture may enter into an agreement with the Director of the Corporation for National and Community Service, under which the Secretary will provide funds to the Corporation for National and Community Service to make up to 10 annual grants under section 121 of the National and Community Service Act of 1990 ( 42 U.S.C. 12571 ) to support the creation of the HarvestCorps program— (1) to alleviate poverty and meet the food needs of low-income people by increasing their access to supportive programs, such as the Summer Food Service Program, the Supplemental Nutrition Assistance Program, tax credits, and other programs, that increase the revenue and economic health of the low-income communities; and (2) to engage community resources and promote partnerships that address local food access issues. (b) Grant process; elimination of cost-Sharing requirements (1) Competitive process Grants funded by the Secretary under subsection (a) shall be awarded by the Corporation on a competitive basis. The Corporation shall extend a preference to eligible entities (as described in section 121(a) of the National and Community Service Act of 1990 ( 42 U.S.C. 12571(a) )) operating in the 10 States with the highest food insecurity rates, as measured by the Department of Agriculture. (2) Grant amount; duration A grant funded by the Secretary under subsection (a) may not exceed $1,000,000 per year. The grant recipient may not receive a grant under this section for more than three years. (3) Matching funds The matching funds requirement of section 121(e) of the National and Community Service Act of 1990 ( 42 U.S.C. 12571(e) ) shall not apply to grants funded by the Secretary under subsection (a). (c) Statewide use of grant The recipient of a grant funded by the Secretary under subsection (a) shall agree to provide services on a statewide basis. (d) Sharing information The Secretary and the Corporation may provide for the sharing of information concerning HarvestCorps projects through publications, conferences, and other appropriate forums, including sharing information with researchers, practitioners, and other interested parties. (e) Authorization of appropriations There is authorized to be appropriated to the Secretary of Agriculture $10,000,000 for each of fiscal years 2014, 2015, and 2016 to carry out this section. 304. Acquisition of publically owned land and conversion to urban farms and community gardens (a) Definitions In this section: (1) Food desert The term food desert has the meaning given the term underserved community in section 25(a)(3) of the Food and Nutrition Act of 2008 (7 U.S.C. 2034(a)(3)). (2) Community land trust The term community land trust means a community housing development organization, as such term is defined in section 104(6) of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12704(6) ), except that the requirements under subparagraphs (C) and (D) of such section shall not apply for purposes of this section. (b) Grants authorized The Secretary of Agriculture shall make competitive grants to nonprofit organizations, including community land trusts, to assist the organizations— (1) to purchase publically owned land in a food desert; and (2) to convert the land for use as an urban farm or community garden for the production of affordable, nutritious foods. (c) Matching funds requirement As a condition of receiving a grant under this section, the nonprofit organization shall provide an amount of funds equal to not less than the amount of the grant. (d) Authorization of appropriations There is authorized to be appropriated to the Secretary of Agriculture such amounts as may be necessary to carry out this section. 305. Urban agricultural workforce training pilot program (a) Authority The Secretary of Agriculture, in consultation with the Secretary of Labor, shall award not more than 25 grants to eligible entities to develop and implement urban agricultural workforce training programs. (b) Grants (1) Application An eligible entity seeking a grant under this section shall submit to the Secretary of Agriculture an application containing— (A) a description of the urban agricultural workforce training program such entity intends to develop and implement using grant funds; and (B) such other information as the Secretary may require. (2) Equal amounts The Secretary of Agriculture shall award grants under this section in equal amounts. (c) Term of grants; condition (1) Term The term of a grant awarded under this section shall be two years. (2) Condition (A) Two-year availability of grant funds Each recipient of a grant under this section shall return to the Secretary of Agriculture any unused portion of such grant at the end of the two-year period beginning on the date the grant was awarded, together with any earnings on such unused portion. (B) Amounts returned The Secretary of Agriculture shall return to the general fund of the Treasury of the United States any amounts returned pursuant to subparagraph (A). (d) Use of grants (1) In general An eligible entity that receives a grant under this section may only use grant funds for the following purposes: (A) To develop and implement an urban agricultural workforce training program in accordance with paragraph (2). (B) To provide funding to trainees to defray the start-up costs for new urban agricultural businesses of such trainees. (2) Urban agricultural activities An urban agricultural workforce training program developed and implemented by an eligible entity receiving a grant under this section shall provide training for individuals to carry out any of the following urban agricultural activities: (A) Designing, constructing, and maintaining biocellar structures. (B) Community gardening. (C) Urban farming. (D) Viticulture. (E) Agricultural education. (F) Rehabilitating land for agricultural use. (G) Developing farmers’ markets. (H) Transporting fresh, local food. (I) Developing mobile pantries for fresh produce. (3) Limitation Not less than 30 percent of the amount received through a grant awarded under this section shall be used to provide the funding described in paragraph (1)(B). (e) Definitions In this section: (1) Eligible entity The term eligible entity means— (A) a unit of general local government located in an urban area (as defined by the Bureau of the Census); (B) a tribal government; (C) an accredited college or university; or (D) a nonprofit organization. (2) State The term State includes, in addition to the several States of the United States, the Commonwealth of Puerto Rico, the District of Columbia, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (3) Unit of general local government The term unit of general local government means any city, county, town, township, parish, village, or other general purpose political subdivision of a State. (f) Authorization of appropriations There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2014 through 2018. 306. Urban agriculture development grants program (a) In general The Secretary of Agriculture may make grants to persons to cover the cost of establishing or operating a farm, garden, or aquacultural or other facility, in an urban area, for the production of an agricultural or aquacultural product or the raising of livestock for sale exclusively in the urban area. (b) Limitations on use of grant A person to whom a grant is made under subsection (a) shall not use the grant for any expense other than for community educational programming, transportation, equipment, utilities, construction, rehabilitation of property, feed, or operating expenses (excluding salaries). (c) Limitations on authorization of appropriations For grants under subsection (a), there are authorized to be appropriated to the Secretary of Agriculture not more than $8,000,000,000 for each fiscal year. 307. Clean and safe drinking water for urban areas and waterways Section 1234(c)(3)(B) of the Food Security Act of 1985 ( 16 U.S.C. 3834(c)(3)(B) ) is amended by inserting , or the extent to which water quality in a metropolitan statistical area (as defined by the Director of the Office of Management and Budget) downstream from the land that is the subject of the contract offer may be improved before the period at the end. 308. Extension of assistance to socially disadvantaged urban farmers and ranchers (a) Eligible land Section 1240A(1)(B)(vi) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–1(1)(B)(vi) ) is amended by inserting urban agricultural land, before and agricultural land . (b) Increased payments for certain producers Section 1240B(d)(4)(A) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2(d)(4)(A) ) is amended by inserting , including a socially disadvantaged farmer engaged in farming in an urban area of 50,000 or more people, before or a beginning farmer or rancher, . (c) Assistance to certain farmers or ranchers for conservation access Section 1241(g)(1)(B) of the Food Security Act of 1985 ( 16 U.S.C. 3841(g)(1)(B) ) is amended by inserting , including socially disadvantaged farmers engaged in farming in an urban area of 50,000 or more people before the period at the end. 309. Urban entrepreneur and microenterprise assistance program Subtitle D of the Consolidated Farm and Rural Development Act is amended by inserting after section 365 ( 7 U.S.C. 2008 ) the following: 366. Urban entrepreneur and microenterprise assistance program (a) Definitions In this section: (1) Economically disadvantaged microentrepreneur The term economically disadvantaged microentrepreneur means an owner, majority owner, or developer of a microenterprise that has the ability to compete in the private sector but has been impaired because of diminished capital and credit opportunities, as compared to other microentrepreneurs in the industry. (2) Indian tribe The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). (3) Intermediary The term intermediary means a private, nonprofit entity that provides assistance— (A) to a microenterprise development organization; or (B) for a microenterprise development program. (4) Low-income individual The term low-income individual means an individual with an income (adjusted for family size) of not more than the greatest of— (A) 80 percent of median income of an area; (B) 80 percent of the statewide non-metropolitan area median income; or (C) 80 percent of the national median income. (5) Microcredit The term microcredit means a business loan or loan guarantee of not more than $50,000 that is provided to an urban entrepreneur. (6) Microenterprise The term microenterprise means— (A) a sole proprietorship; or (B) a business entity with not more than 10 full-time-equivalent employees. (7) Microenterprise development organization (A) In general The term microenterprise development organization means a private, nonprofit entity that— (i) provides training and technical assistance to urban entrepreneurs; and (ii) facilitates access to capital or another service described in subsection (b) for urban entrepreneurs. (B) Inclusions The term microenterprise development organization includes an organization described in subparagraph (A) with a demonstrated record of delivering services to economically disadvantaged microentrepreneurs, or an effective plan to develop a program to deliver microenterprise services to urban entrepreneurs effectively, as determined by the Secretary. (8) Microenterprise development program The term microenterprise development organization means a program administered by an organization serving an urban area. (9) Microentrepreneur The term microentrepreneur means the owner, operator, or developer of a microenterprise. (10) Program The term program means the urban entrepreneur and microenterprise program established under subsection (b)(1). (11) Qualified organization The term qualified organization means— (A) a microenterprise development organization or microenterprise development program that has a demonstrated record of delivering microenterprise services to urban entrepreneurs, or an effective plan to develop a program to deliver microenterprise services to urban entrepreneurs effectively, as determined by the Secretary; (B) an intermediary that has a demonstrated record of delivery assistance to microenterprise development organizations or microenterprise development programs; (C) a microenterprise development organization or microenterprise development program that serves urban entrepreneurs; (D) an Indian tribe, the tribal government of which certifies to the Secretary that no microenterprise development organization or microenterprise development program exists under the jurisdiction of the Indian tribe; (E) a group of 2 or more organizations or Indian tribes described in any of subparagraphs (A) through (D) that agree to act jointly as a qualified organization under this section; or (F) for purposes of subsection (b), a public college or university. (12) Urban area The term urban area means any community that is urban in character and has— (A) a population of more than 25,000 individuals; or (B) an average population density of at least 1,000 individuals per square mile. (13) Urban capacity building service The term urban capacity building service means a service provided to an organization that— (A) is, or is in the process of becoming, a microenterprise development organization or microenterprise development program; and (B) serves urban areas for the purpose of enhancing the ability of the organization to provide training, technical assistance, and other related services to urban entrepreneurs. (14) Urban entrepreneur The term urban entrepreneur means a microentrepreneur, or prospective microentrepreneur— (A) the principal place of business of which is in a urban area; and (B) that is unable to obtain sufficient training, technical assistance, or microcredit elsewhere, as determined by the Secretary. (15) Secretary The term Secretary means the Secretary of Agriculture, acting through the Rural Business-Cooperative Service. (16) Tribal government The term tribal government means the governing body of an Indian tribe. (b) Urban Entrepreneurship and Microenterprise Program (1) Establishment The Secretary shall establish an urban entrepreneurship and microenterprise program. (2) Purpose The purpose of the program shall be to provide low-income individuals and moderate-income individuals with— (A) the skills necessary to establish new small businesses in urban areas; and (B) continuing technical and financial assistance as individuals and business starting or operating small businesses. (3) Grants (A) In general The Secretary may make a grant under the program to a qualified organization— (i) to provide training, operational support, or an urban capacity building service to a qualified organization to assist the qualified organization in developing microenterprise training, technical assistance, market development assistance, and other related services, primarily for business with 5 or fewer full-time-equivalent employees; (ii) to assist in researching and developing the best practices in delivering training, technical assistance, and microcredit to urban entrepreneurs; and (iii) to carry out such other projects and activities as the Secretary determines to be consistent with the purposes of this section. (B) Subgrants Subject to such regulations as the Secretary may promulgate, a qualified organization that receives a grant under this paragraph may use the grant to provide assistance to other qualified organizations, such as small or emerging qualified organizations. (C) Diversity In making grants under this paragraph, the Secretary shall ensure, to the maximum extent practicable, that grant recipients include qualified organizations— (i) of varying sizes; and (ii) that serve racially- and ethnically-diverse populations. (D) Cost sharing (i) Federal share The Federal share of the cost of a project carried out using funds from a grant made under this paragraph shall be 75 percent. (ii) Form of non-Federal share The non-Federal share of the cost of a project described in clause (i) may be provided— (I) in cash (including through fees, grants (including community development block grants), and gifts); or (II) in kind. (4) Urban microloan program (A) Establishment In carrying out the program, the Secretary may carry out an urban microloan program. (B) Purpose The purpose of the urban microloan program shall be to provide technical and financial assistance to sole proprietorships and small businesses located in urban areas with a particular focus on those businesses with 5 or fewer full-time equivalent employees. (C) Authority of secretary In carrying out the urban microloan program, the Secretary may— (i) make direct loans to qualified organizations for the purpose of making short-term, fixed interest rate microloans to startup, newly established, and growing urban microbusiness concerns; and (ii) in conjunction with those loans, provide grants in accordance with subparagraph (E) to those qualified organizations for the purpose of providing intensive marketing, management, and technical assistance to small business concerns that are borrowers under this paragraph. (D) Loan duration; interest rates; conditions (i) Loan duration A loan made by the Secretary under this paragraph shall be for a term of 20 years. (ii) Applicable interest rates A loan made by the Secretary under this paragraph to a qualified organization shall bear an annual interest rate of at least 1 percent. (iii) Deferral of interest and principal The Secretary may permit the deferral of payments, for principal and interest, on a loan made under this paragraph for a period of not more than 2 years, beginning on the date on which the loan was made. (E) Grant amounts (i) In general Except as otherwise provided in this section, each qualified organization that receives a loan under this paragraph shall be eligible to receive a grant to provide marketing, management, and technical assistance to small business concerns that are borrowers or potential borrowers under this subsection. (ii) Maximum amount of grant for microenterprise development organizations Each microenterprise development organization that receives a loan under this paragraph shall receive an annual grant in an amount equal to not more than 25 percent of the total outstanding balance of loans made to the microenterprise development organization under this paragraph, as of the date of provision of the grant. (iii) Matching Requirement (I) In general As a condition of any grant made to a qualified organization under this subparagraph, the Secretary shall require the qualified organization to match not less than 15 percent of the total amount of the grant. (II) Sources In addition to cash from non-Federal sources, a matching share provided by the qualified organization may include indirect costs or in-kind contributions funded under non-Federal programs. (c) Administrative expenses Not more than 10 percent of assistance received by a qualified organization for a fiscal year under this section may be used to pay administrative expenses. (d) Funding (1) In general Not later than 30 days after the date of enactment of this section, and on October 1, 2013, and each October 1 thereafter through October 1, 2017, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this section $50,000,000, to remain available until expended. (2) Allocation of funds Of the amount made available by paragraph (1) for each fiscal year— (A) not less than $30,000,000 shall be available for use in carrying out subsection (b)(3); and (B) not less than $20,000,000 shall be available for use in carrying out subsection (b)(4), of which not more than $7,000,000 shall be used to support direct loans. (C) Receipt and acceptance The Secretary shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under paragraph (1), without further appropriation. . 310. Local farm business and market garden competitive loan program (a) Definitions In this section: (1) Agricultural commodity The term agricultural commodity has the meaning given the term in section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 5602). (2) Eligible lending entity The term eligible lending entity means a government agency, nonprofit organization, or any other entity that the Secretary designates to finance and facilitate the development of a local farm business project or market garden project. (3) Eligible producer The term eligible producer means an individual or group of individuals who carry out a local farm business project or market garden project. (4) Food desert The term food desert has the meaning given the term in section 7527(a) of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 ; 122 Stat. 2039). (5) Local farm business project The term local farm business project means a project on a farm or ranch that— (A) is for the production of an agricultural commodity for local markets in the local service area; and (B) is located on 1 or more property lots, the cumulative acreage of which shall be more than 1 acre. (6) Local service area The term local service area means an area consisting of a certain mile radius (as determined by the Secretary) from the physical location of production by an eligible local farm business or market garden project. (7) Market garden project The term market garden project means a project that— (A) is for the production of an agricultural commodity for local markets in the local service area; and (B) is located on 1 or more property lots (regardless of the population density of the area in which the property lots are located), the cumulative acreage of which shall be more than ¼ acre. (8) Revolving loan fund The term revolving loan fund means a revolving loan fund established by an eligible lending entity as described in subsection (c). (9) Secretary The term Secretary means the Secretary of Agriculture. (10) Socially disadvantaged farmer or rancher The term socially disadvantaged farmer or rancher has the meaning given the term in section 355(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2003(e)). (11) Specialty crop The term specialty crop has the meaning given the term in section 3 of the Specialty Crops Competitiveness Act of 2004 (7 U.S.C. 1621 note; Public Law 108–465 ). (12) Sustainable agriculture The term sustainable agriculture has the meaning given the term in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3103 ). (b) Competitive loan program for eligible lending entities (1) In general To support new entrepreneurship and job creation, the Secretary shall establish a local farm business and market garden competitive loan program under which the Secretary shall make available to eligible lending entities loans to develop revolving loan funds to assist— (A) eligible producers in establishing local farm business projects or market garden projects that will locally produce fresh foods; and (B) local farm business projects and market garden projects to create local employment opportunities by— (i) increasing farm and garden income by connecting producers and consumers; (ii) creating more reliable local food systems; (iii) diversifying food production; (iv) increasing consumer access to fresh, local healthful foods produced by local farms, ranches, and market gardens in urban, suburban, or rural areas; (v) supporting nutrition education that incorporates participation of school children in farm- and garden-based agricultural education activities; and (vi) preserving farmland. (2) Eligibility To be eligible to receive a loan under the program established under paragraph (1), an eligible lending entity shall submit to the Secretary an application at such time, in such form, and containing such information as the Secretary may require. (3) Selection criteria (A) Approval Not later than 1 year after the date of enactment of this section and in accordance with this paragraph, the Secretary shall, on a competitive basis, begin assessing and approving such applications received under paragraph (2) as the Secretary considers appropriate. (B) Criteria In considering a loan application received under paragraph (2), the Secretary shall— (i) evaluate the extent to which the application demonstrates the ability of the eligible lending entity— (I) to manage, market, and administer a revolving loan fund; (II) to assist local eligible producers to successfully meet local service area opportunities; (III) to work with partners to provide technical support to eligible local farm business projects and market garden projects; (IV) to recruit, educate, and assist local producers to advance local farming and ranching opportunities that meet local service area needs; and (V) subject to paragraph (5), to provide matching funds in the form of cash or in-kind services to properly implement and manage the revolving loan fund; (ii) assess— (I) the number and type of local farm business projects and market garden projects to be affected by local farm business project loan funding; (II) the number of new jobs and eligible local farm business projects and market garden projects to be created by the revolving loan fund; (III) the ability of an eligible local farm business project or market garden project— (aa) to preserve farmland through economically and environmentally sustainable agriculture practices (as determined by the Secretary); and (bb) to serve schools and institutions with a high proportion of students who are eligible for free or reduced price lunches under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ); (IV) the degree to which an eligible local farm business project or market garden project— (aa) incorporates experiential nutrition education; (bb) demonstrates the potential positive economic impact for the local economy; (cc) demonstrates environmentally sustainable agriculture practices; and (dd) demonstrates a collaboration between schools or educational institutions, nongovernmental organizations, producer groups, and other community and business partners; and (V) the market opportunity for eligible local farm business projects or market garden projects to sell products in the local community; and (iii) consider any other factors that the Secretary determines to be appropriate. (C) Regional balance To the maximum extent practicable, in awarding loans under this section, the Secretary shall ensure that loan recipients— (i) are geographically diverse; (ii) serve clients targeted by the loan program, including socially disadvantaged farmers or ranchers; (iii) serve clients located in areas with a variety of population densities, including rural, suburban, urban, and tribal areas; and (iv) identify and serve food deserts within the local service area. (D) Priority (i) In general In considering loan applications received under paragraph (2), the Secretary shall give priority to applications that demonstrate the ability and willingness of the eligible lending entity— (I) to serve clients targeted by the program, including, as appropriate, socially disadvantaged farmers or ranchers; (II) to assist with the financial management aspects of specialty crop farming and other types of local agricultural projects; and (III) to address the nutritional needs of an underserved area, as determined in accordance with clause (ii). (ii) Underserved areas In determining whether an area is an underserved area, the Secretary shall consider— (I) population density; (II) below-average supermarket density or sales; (III) the rate of ownership of motor vehicles; and (IV) geographical or physical barriers, such as highways, mountains, major parks, or bodies of water. (4) Loan terms for eligible lending entities (A) In general For each fiscal year for which the Secretary makes a loan to an eligible lending entity under this subsection, the loan shall— (i) be in an amount that is not less than $200,000 and not more than $1,000,000; and (ii) be used by the eligible lending entity to establish a revolving loan fund to provide loans for local farm business projects or market garden projects. (B) Term The term of a loan under this subsection shall not exceed 20 years from the date on which the loan is finalized. (C) Loan financing terms In making loans to eligible lending entities under this subsection, the Secretary shall— (i) set the rate of interest at not more than 2 percent per year; and (ii) ensure that no payments are due on the loan during the first 2 years of the loan. (5) Matching funds The Secretary may not require an eligible lending entity that receives a loan under this subsection to provide, from non-Federal sources, in cash or in-kind, the cost of carrying out activities under the loan. (6) Administrative expenses (A) In general Each eligible lending entity that receives a loan under this subsection shall be eligible additionally to receive a one-time grant for purposes described in subparagraph (B) in an amount that is not more than the lesser of— (i) 10 percent of the total amount of the loan received by the eligible lending entity; or (ii) $50,000. (B) Use of grant funds Grant funds received under subparagraph (A) may be used by the eligible lending entity only to pay management and technical support costs associated with the loan. (C) Interest rate If an eligible lending entity receives a grant under subparagraph (A), the eligible lending entity may not set the interest rate of loans made by the eligible lending entity to local farm business projects or market garden projects at more than 3 percent per year. (7) Progress reports (A) In general Not later than 90 days after the last day of each fiscal year, each eligible lending entity that has a loan under this subsection shall submit to the Secretary a report that includes— (i) an evaluation of the progress of the revolving loan fund carried out by the eligible lending entity; (ii) a description of the revolving loan fund, including information on all loans made to local farm business projects or market garden projects; (iii) a status update for the local farm business projects and market garden projects funded by the revolving loan fund that describes— (I) the amount of food produced; (II) the amount of revenue generated; and (III) the number of new and retained jobs; and (iv) such other information as the Secretary may require. (B) Reports by the Secretary Not later than 3 years after the date of enactment of this section, 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 that describes the results and findings of the loan program carried out under this subsection. (8) Annual review The Secretary shall conduct an annual review of the financial records of each eligible lending entity that receives funding under this subsection— (A) to assess the financial soundness of the eligible lending entity; and (B) to determine the effective use of loan and grant funds made available to the eligible lending entity under this subsection. (c) Revolving loan fund (1) Establishment and purpose Each eligible lending entity that receives a loan under subsection (b) shall use the funds to establish a revolving loan fund to provide loans to eligible producers in the local service area. (2) Eligible activities Loans made by an eligible lending entity under this subsection shall be used by the eligible producer to carry out eligible activities in the local service area, including— (A) to carry out production projects for value-added food products; (B) to provide working capital for general operational costs of the local farm business project or market garden project; (C) to purchase project-related equipment; (D) to purchase seeds, plants, and fruit or nut trees; (E) to purchase livestock, poultry, and breeding stock; (F) to construct and maintain irrigation systems; (G) to construct buildings (including barns, sheds, greenhouses, and dry and cold storage sheds) necessary to support production; (H) to lease, lease to purchase, or directly purchase farmland or make a down payment on an accepted purchase offer for farmland; or (I) to carry out any other activity that the Secretary determines to be in accordance with this section. (3) Loan conditions (A) In general To be eligible to receive a loan under this section from an eligible lending entity, an eligible producer shall— (i) supply a minimum level of support of the cost of the local farm business project, market garden project, or institution costs, as determined by the Secretary; and (ii) submit to the eligible lending entity— (I) documentation of, as appropriate— (aa) a long-term land lease contract granting the right to perform local production agriculture; (bb) a building lease; or (cc) a deed of property ownership; and (II) a conservation plan and a sound business plan that is likely to result in a profitable business with sustainable employment for the eligible producer and any employees. (B) Secretarial approval; guarantee (i) Approval Before an eligible lending entity may make a loan or package of loans to an eligible producer under this section, the Secretary shall approve the loan or package of loans in accordance with the requirements of this section. (ii) Loan guarantee The Secretary shall guarantee not more than 85 percent of the principal and interest on each loan approved under clause (i). (4) Priority In making loans under this subsection, the eligible lending entity shall give priority to eligible producers that are operated by, or that support— (A) qualified beginning farmers or ranchers (as defined in section 343(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a) )) and socially disadvantaged farmers or ranchers; (B) existing eligible producers, whether owners or tenants, who use loan funds to convert to agricultural production systems approved by the Secretary; (C) eligible producers who use loan funds to build conservation structures or carry out conservation practices; (D) eligible producers who will supply fresh and locally produced food to underserved communities; and (E) existing eligible producers of agriculture commodities who want to diversify farm, ranch, or market garden production and income. (5) Loan terms for eligible producers (A) In general A loan made by an eligible lending entity to an eligible producer under this subsection shall be in an amount that is— (i) in the case of a local farm business project, not less than $5,000 and not more than $100,000; and (ii) in the case of a market garden project, not less than $3,000 and not more than $50,000. (B) Term The term of a loan under this subsection shall not exceed— (i) in the case of a loan in an amount that is not more than $35,000, 12 years from the date on which the loan is finalized; and (ii) in the case of all other loans, 20 years from the date on which the loan is finalized. (C) Loan financing terms In making loans under this subsection, an eligible lending entity shall— (i) set the rate of interest at not more than 3 percent per year; (ii) ensure that no payments are due on the loan during the first 9 months of the loan; and (iii) ensure that only interest is due on the loan during the period beginning on the last day of the period described in clause (ii) and ending 24 months after the issuance of the loan. (D) Loan forgiveness If an eligible producer has received a loan under this section to carry out a local farm business project or market garden project, and after 3 years the Secretary determines that the project is successful, the Secretary may offer to forgive— (i) up to 10 percent of the outstanding amount of the loan; and (ii) in the case of an eligible producer supporting sustainable agriculture practices, up to 20 percent of the outstanding amount of the loan. (d) Authorization of appropriations There are authorized to be appropriated to the Secretary for each of fiscal years 2014 through 2022— (1) $20,000,000 to provide loans and grants under subsection (b); and (2) $100,000 for the administrative costs of carrying out this section. IV Eradicating Hunger 401. Weekends and holidays without hunger Section 18 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769 ) is amended by adding at the end the following: (l) Weekends and holidays without hunger (1) Definitions In this subsection: (A) At-risk school child The term at-risk school child has the meaning given the term in section 17(r)(1). (B) Eligible institution (i) In general The term eligible institution means a public or private nonprofit institution that is determined by the Secretary to be able to meet safe food storage, handling, and delivery standards established by the Secretary. (ii) Inclusions The term eligible institution includes— (I) an elementary or secondary school or school food service authority; (II) a food bank or food pantry; (III) a homeless shelter; and (IV) such other type of emergency feeding agency as is approved by the Secretary. (2) Establishment Subject to the availability of appropriations provided in advance in an appropriations Act specifically for the purpose of carrying out this subsection, the Secretary shall establish a program under which the Secretary shall provide commodities, on a competitive basis, to eligible institutions to provide nutritious food to at-risk children on weekends and during extended school holidays during the school year. (3) Eligibility (A) In general To be eligible to receive commodities under this subsection, an eligible institution shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may determine. (B) Plan An application under subparagraph (A) shall include the plan of the eligible institution for the distribution of nutritious foods to at-risk school children, including— (i) methods of food service delivery to at-risk school children; (ii) assurances that children receiving foods under the project will not be publicly separated or overtly identified; (iii) lists of the types of food to be provided under the project and provisions to ensure food quality and safety; (iv) information on the number of at-risk school children to be served and the per-child cost of providing the children with food; and (v) such other information as the Secretary determines to be necessary to assist the Secretary in evaluating projects that receive commodities under this subsection. (4) Priority In selecting applications under this subsection, the Secretary shall give priority to eligible institutions that— (A) have on-going programs and experience serving populations with significant proportions of at-risk school children; (B) have a good record of experience in food delivery and food safety systems; (C) maintain high quality control, accountability, and recordkeeping standards; (D) provide children with readily consumable food of high nutrient content and quality; (E) demonstrate cost efficiencies and the potential for obtaining supplemental funding from non-Federal sources to carry out projects; and (F) demonstrate the ability to continue projects for the full approved term of the pilot project period. (5) Guidelines (A) In general The Secretary shall issue guidelines containing the criteria for projects to receive commodities under this section. (B) Inclusions The guidelines shall, to the maximum extent practicable within the funds available and applications submitted, take into account— (i) geographical variations in project locations to include qualifying projects in rural, urban, and suburban areas with high proportions of families with at-risk school children; (ii) different types of projects that offer nutritious foods on weekends and during school holidays to at-risk school children; and (iii) institutional capacity to collect, maintain, and provide statistically valid information necessary for the Secretary— (I) to analyze and evaluate the results of the pilot project; and (II) to make recommendations to Congress. (6) Evaluation (A) Interim evaluation Not later than November 30, 2016, the Secretary shall complete an interim evaluation of the pilot program carried out under this subsection. (B) Final report Not later than December 31, 2017, the Secretary shall submit to Congress a final report that contains— (i) an evaluation of the pilot program carried out under this subsection; and (ii) any recommendations of the Secretary for legislative action. (7) Funding (A) Authorization of appropriations There is authorized to be appropriated to carry out this section such sums as are necessary, to remain available until expended. (B) Availability of funds Not more than 3 percent of the funds made available under subparagraph (A) may be used by the Secretary for expenses associated with review of the operations and evaluation of the projects carried out under this subsection. . 402. Expansion and modernization of the commodity supplemental food program Section 5 of the Agriculture and Consumer Protection Act of 1973 ( 7 U.S.C. 612c note) is amended— (1) in subsection (a)— (A) in paragraph (1) by striking 2008 through 2012 and inserting 2014 through 2018 , and (B) in paragraph (2)(B) by striking 2004 through 2012 and inserting 2014 through 2018 , and (2) in subsection (g) by striking paragraph (2) and inserting the following: (2) women, infants and children participating in the program as of the effective date of this paragraph. The Secretary may not require the enrollment in the program of women, infants, and children who are not participating in the program before the effective date of this sentence. . 403. Expansion and modernization of the emergency food assistance program (a) Amendments to the Food and Nutrition Act of 2008 Section 27(a)(2) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2036(a)(2) ) is amended— (1) by striking subparagraphs (A) and (B) and inserting the following: (A) for fiscal years 2014 through 2018, $350,000,000; plus $100,000,000 for each percentage point that unemployment exceeds the rate as of June 2008 (prorated such that each change of 0.1 percent shall result in a change in funding of $10,000,000). The unemployment rate from June of the immediately preceding fiscal year shall be used to compute change from June 2008. In any fiscal year, the amount calculated in this subparagraph shall not be less than $350,000,000. , (2) in subparagraph (C)— (A) by striking (C) and inserting (B) , (B) by striking 2010 through 2012 and inserting 2014 through 2018 , (C) by striking subparagraph (B) and inserting subparagraph (A) , and (D) by striking the period at the end and inserting ; and , and (3) by adding at the end the following: (C) of the total funds made available under subparagraphs (A) and (B), not less than $100,000,000 shall be to support State and local storage and distribution costs. In addition, each year States may transfer up to 5 percent of total funds provided for commodity purchases into accounts used to fund storage and distribution costs at their discretion . (b) Amendments to the emergency food assistance act of 1983 The Emergency Food Assistance Act of 1983 ( 7 U.S.C. 7501 et seq. ) is amended— (1) in section 202 by adding at the end the following: (h) In addition to other considerations, including but not limited to the need to intervene in depressed domestic agricultural markets, the Secretary shall consider the needs of States and demands on emergency food providers in making commodity purchase decisions. , and (2) in section 204 by striking 2008 and inserting 2014 . (c) Authority To use section 32 funds To respond to situations of high rates of food insecurity or unemployment The second sentence of section 32 of the Act of August 24, 1935 ( 7 U.S.C. 612c ) is amended in paragraph (2) by inserting after low-income groups the following: or in situations of high rates of food insecurity or unemployment, . 404. Food bank equipment and technology program (a) Authority for program The Secretary of Agriculture shall develop and carry out a food bank equipment and technology program to make grants to eligible entities to be used within a 1-year period for the purchase of operating equipment and technology that increases the efficiency of a food bank. Eligible entities include nonprofit entities that operate food banks in urban areas. (b) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000 for each of the fiscal years in the 3-year period beginning on the October 1 of the 1st fiscal year that begins after the date of the enactment of this Act. V Go Green 501. Green and Sustainable Schools, Museums, and Libraries Grant Program (a) Grant program The Secretary of Agriculture, in consultation with the Secretary of Energy, shall establish a program to provide competitive grants to schools, museums, and libraries to increase energy efficiency. (b) Criteria In awarding grants under subsection (a), the Secretary of Agriculture shall target schools, museums, and libraries that are the most inefficient in the usage of energy and whose insulation, lighting, and equipment would benefit most by being upgraded to insulation, lighting, and equipment that is more energy efficient. (c) Use of funds A school, museum, or library receiving a grant under subsection (a) shall use the funds received under such grant— (1) to increase energy efficiency through new construction, rehabilitation, expansion, and upgrades; and (2) for organized programs, events, and initiatives to educate employees of schools, museums, or libraries on how to become more energy efficient. (d) Definitions In this section: (1) Museum The term museum means a museum accredited by the American Association of Museums. (2) School The term school means an elementary school or a secondary school, as those terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). | https://www.govinfo.gov/content/pkg/BILLS-113hr1933ih/xml/BILLS-113hr1933ih.xml |
113-hr-1934 | I 113th CONGRESS 1st Session H. R. 1934 IN THE HOUSE OF REPRESENTATIVES May 9, 2013 Mr. Grijalva (for himself, Mr. Barber , and Mrs. Kirkpatrick ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To expand the boundary of Saguaro National Park, to study additional land for future adjustments to the boundary of the Park, and for other purposes.
1. Short title This Act may be cited as the Saguaro National Park Boundary Expansion and Study Act of 2013 . 2. Boundary of saguaro national park Section 4 of the Saguaro National Park Establishment Act of 1994 (Public Law 103–364, 108 Stat. 3467), is amended— (1) in subsection (a)— (A) by inserting (1) before The boundaries of the park ; and (B) by adding at the end the following: (2) The boundary of the park is further modified to include approximately 2525 acres, as generally depicted on the map titled Saguaro National Park Proposed Boundary Adjustment , numbered 151/80,045c, and dated February 26, 2013. The map shall be on file and available for inspection in the appropriate offices of the National Park Service. ; (2) by striking subsection (b)(2) and inserting the following new paragraphs: (2) The Secretary may, with the consent of the State and in accordance with Federal and State law, acquire from the State land or interests in land within the boundary of the park. (3) If the Secretary is unable to acquire the State land under paragraph (2), the Secretary may enter into an agreement that would allow the National Park Service to manage State land within the boundary of the park. ; and (3) by adding at the end the following new subsection: (d) Boundary study (1) In general The Secretary shall conduct a study to identify lands that would be a part of any future boundary adjustments for the park. (2) Criteria The study shall examine the natural, cultural, recreational, and scenic values and characters of lands identified under paragraph (1). (3) Report Not later than 2 years after the date funds are made available for the study under this subsection, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the findings, conclusions, and recommendations of the study. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1934ih/xml/BILLS-113hr1934ih.xml |
113-hr-1935 | I 113th CONGRESS 1st Session H. R. 1935 IN THE HOUSE OF REPRESENTATIVES May 9, 2013 Ms. Hahn introduced the following bill; which was referred to the Committee on the Judiciary A BILL For the relief of John Castellano.
1. Granting posthumous citizenship to John Castellano (a) Authority of secretary of homeland security Notwithstanding the Immigration and Nationality Act or any other provision of law, the Secretary of Homeland Security shall grant, in accordance with this Act, posthumous citizenship at the time of death to John Castellano, who died July 7, 1937, if the Secretary approves an application for posthumous citizenship under subsection (b). (b) Request for posthumous citizenship A request for the granting of posthumous citizenship to the individual referred to in subsection (a) may be filed on behalf of the individual only by the next-of-kin (as determined by the Secretary of Homeland Security) or another representative (as determined by the Secretary). The Secretary shall approve such a request respecting the individual referred to in subsection (a) if the request is filed not later than 2 years after the date of the enactment of this Act and the Secretary finds that the individual satisfied the requirements of subsection (c). (c) Criteria for granting of posthumous citizenship The requirements referred to in subsection (b) are that the individual referred to in subsection (a) is a person who, while an alien or a noncitizen national of the United States served honorably in an active-duty status in the military, air, or naval forces of the United States during any period described in the first sentence of section 329(a) of the Immigration and Nationality Act ( 8 U.S.C. 1440(a) ), and satisfied the requirements of clause (1) or (2) of the first sentence of section 329(a). The executive department under which the person so served shall determine whether the individual satisfied the requirements of paragraphs (1) and (2). (d) Documentation of posthumous citizenship If the Secretary of Homeland Security approves such a request to grant the individual referred to in subsection (a) posthumous citizenship, the Secretary shall send to the person who filed the request a suitable document which states that the United States considers the person to have been a citizen of the United States at the time of the individual’s death. (e) No benefits to survivors Nothing in this Act shall be construed as providing for any benefits under this Act for any spouse, son, daughter, or other relative of a person granted posthumous citizenship under this section. | https://www.govinfo.gov/content/pkg/BILLS-113hr1935ih/xml/BILLS-113hr1935ih.xml |
113-hr-1936 | I 113th CONGRESS 1st Session H. R. 1936 IN THE HOUSE OF REPRESENTATIVES May 9, 2013 Ms. Hahn 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 establish the Merchant Mariner Equity Compensation Fund to provide benefits to certain individuals who served in the United States merchant marine (including the Army Transport Service and the Naval Transport Service) during World War II.
1. Short Title This Act may be cited as the Honoring Our WWII Merchant Mariners Act of 2013 . 2. Payments to individuals who served during World War II in the United States Merchant Marine (a) Establishment of Compensation Fund Subchapter II of chapter 5 of title 38, United States Code, is amended by adding at the end the following new section: 533. Merchant Mariner Equity Compensation Fund (a) Compensation Fund (1) There is in the general fund of the Treasury a fund to be known as the Merchant Mariner Equity Compensation Fund (in this section referred to as the compensation fund ). (2) Subject to the availability of appropriations for such purpose, amounts in the compensation fund shall be available to the Secretary without fiscal year limitation to make payments to eligible individuals in accordance with this section. (b) Eligible Individuals (1) An eligible individual is an individual who— (A) during the one-year period beginning on the date of the enactment of this section, submits to the Secretary an application containing such information and assurances as the Secretary may require; (B) has not received benefits under the Servicemen's Readjustment Act of 1944 ( Public Law 78–346 ); and (C) has engaged in qualified service. (2) For purposes of paragraph (1), a person has engaged in qualified service if, between December 7, 1941, and December 31, 1946, the person— (A) was a member of the United States merchant marine (including the Army Transport Service and the Naval Transport Service) serving as a crewmember of a vessel that was— (i) operated by the War Shipping Administration or the Office of Defense Transportation (or an agent of the Administration or Office); (ii) operated in waters other than inland waters, the Great Lakes, and other lakes, bays, and harbors of the United States; (iii) under contract or charter to, or property of, the Government of the United States; and (iv) serving the Armed Forces; and (B) while so serving, was licensed or otherwise documented for service as a crewmember of such a vessel by an officer or employee of the United States authorized to license or document the person for such service. (c) Amount of Payments The Secretary shall make a monthly payment out of the compensation fund in the amount of $1,000 to an eligible individual. The Secretary shall make such payments to eligible individuals in the order in which the Secretary receives the applications of the eligible individuals. (d) Authorization of Appropriations (1) There are authorized to be appropriated to the compensation fund amounts as follows: (A) For fiscal year 2014, $120,000,000. (B) For fiscal year 2015, $108,000,000. (C) For fiscal year 2016, $97,000,000. (D) For fiscal year 2017, $85,000,000. (E) For fiscal year 2018, $75,000,000. (2) Funds appropriated to carry out this section shall remain available until expended. (e) Reports The Secretary shall include, in documents submitted to Congress by the Secretary in support of the President's budget for each fiscal year, detailed information on the operation of the compensation fund, including the number of applicants, the number of eligible individuals receiving benefits, the amounts paid out of the compensation fund, the administration of the compensation fund, and an estimate of the amounts necessary to fully fund the compensation fund for that fiscal year and each of the three subsequent fiscal years. (f) Regulations The Secretary shall prescribe regulations to carry out this section. . (b) Regulations Not later than 180 days after the date of the enactment of this Act, the Secretary shall prescribe the regulations required under section 532(f) of title 38, United States Code, as added by subsection (a). (c) Clerical Amendment The table of sections at the beginning of such chapter is amended by inserting after the item related to section 532 the following new item: 533. Merchant Mariner Equity Compensation Fund. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1936ih/xml/BILLS-113hr1936ih.xml |
113-hr-1937 | I 113th CONGRESS 1st Session H. R. 1937 IN THE HOUSE OF REPRESENTATIVES May 9, 2013 Mr. Hunter (for himself and Mr. Andrews ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Higher Education Act of 1965 to update reporting requirements for institutions of higher education and provide for more accurate and complete data on student retention, graduation, and earnings outcomes at all levels of postsecondary enrollment.
1. Short title This Act may be cited as the Student Right to Know Before You Go Act of 2013 . 2. Amendment to program participation agreements Section 487(a)(17) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a)(17) ) is amended by inserting , in accordance with section 493E after of the Secretary . 3. Institutional and financial assistance information for students Section 485 of the Higher Education Act of 1965 ( 20 U.S.C. 1092 ) is amended by adding at the end the following: (n) Alignment with institutional reporting requirements related to IPEDS (1) In general Not later than 6 months after the date of enactment of the Student Right to Know Before You Go Act of 2013 , the Secretary shall issue guidance outlining which data metrics required to be submitted by institutions of higher education under section 493E are duplicative of institutional reporting requirements under this section and other provisions of this Act. (2) Link to institutional reporting website Not later than 5 years after the date of enactment of the Student Right to Know Before You Go Act of 2013, an institution of higher education participating in any program under this title shall— (A) not be required to make available such duplicative requirements, as determined under paragraph (1), under this section and other provisions of this Act; and (B) provide a prominently displayed link on the institution's website to the website described in section 493E(e). . 4. Institutional reporting requirements (a) Amendment to database of student information prohibited Section 134(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1015c(b) ) is amended— (1) in paragraph (1), by striking and after the semicolon; (2) in paragraph (2), by striking the period at the end and inserting ; and ; (3) by adding at the end the following: (3) is necessary to carry out section 493E. . (b) Reporting requirements Part G of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1088 et seq. ) is amended by adding at the end the following: 493E. Institutional reporting requirements (a) In general (1) Submission of data Each institution of higher education participating in a program under this title shall submit to the Secretary data, as determined by the Secretary, sufficient to complete all student components of reporting required for the Integrated Postsecondary Education Data System (referred to in this section as IPEDS ). Not later than 1 year after the date of enactment of the Student Right to Know Before You Go Act of 2013 , the Secretary shall submit to institutions of higher education guidance related to the submission of data under this paragraph. (2) Review The Secretary shall review, every 5 years, the determination of the category of data that shall be submitted pursuant to paragraph (1). (b) Establishment of additional student classifications (1) In general Not later than 1 year after the date of enactment of the Student Right to Know Before You Go Act of 2013 , the Secretary shall— (A) establish common definitions for institutions to follow in submitting the data required under this section; and (B) determine both collection and submission requirements. (2) Identification of unit records The Secretary shall require institutions to identify student unit records to enable coding and reporting on— (A) students who participate in remedial education at, or through, the institution; (B) whether, and at what level, the student is seeking a degree; and (C) whether the student is seeking a certificate. (c) Establishment of new outcome metrics (1) In general Data submitted to the Secretary under subsection (a) shall be used to calculate all student components of IPEDS. (2) Additional measures to be calculated In addition to student component outcome measures required to be calculated by the Secretary on the day before the date of enactment of the Student Right to Know Before You Go Act of 2013 , the Secretary shall also calculate, not later than 2 years after the date of enactment of the Student Right to Know Before You Go Act of 2013 , at the institutional and program specific level: (A) The percent of students who receive— (i) Federal grants; (ii) Federal loans; (iii) State grants; (iv) State loans; (v) institutional grants; or (vi) institutional loans. (B) The average amount of total Federal loan debt upon student graduation assumed by students while enrolled at the institution. (C) The average amount of total Federal loan debt of students who do not complete a program of study 2 years after the students' last known enrollment in any institution of higher education. (D) Student transfer rates by sector of transfer, which shall be defined as the percentage of students who leave an institution and successfully enroll in another institution, including whether the receiving institution is a public 4-year institution, public 2-year institution, public less-than-2-year institution, private nonprofit 4-year institution, private nonprofit 2-year institution, private nonprofit less-than-2-year institution, private for-profit 4-year institution, private for-profit 2-year institution, or private for-profit less-than-2-year institution. (E) Rates of continuation to higher levels of education. (F) The percent of students who receive the degree level they initially sought. (G) The outcome measures described in subparagraphs (A) through (F), in addition to all student level components of IPEDS required to be reported on the day before the date of enactment of the Student Right to Know Before You Go Act of 2013 , shall also be made available on the basis of the following student type: (i) Students who received a Federal Pell Grant. (ii) Students who received a Federal Stafford Loan, but not a Federal Pell Grant. (iii) Students who received neither a Federal Pell Grant, nor a Federal Stafford Loan. (iv) Students who are identified as veterans who received assistance under the Post-9/11 Veterans Educational Assistance Program under chapter 33 of title 38, United States Code. The Secretary of Veterans Affairs shall coordinate with the Secretary to make available data sufficient to enable such reporting under this clause. (v) Enrollment status, including the following: (I) First-time, full-time students. (II) First-time, part-time students. (III) Non-first-time, full-time students. (IV) Non-first-time, part-time students. (vi) Enrollment intensity while enrolled at the institution, including the following: (I) Full-time only. (II) Part-time only. (III) Mixed enrollment, both full- and part-time. (H) Other information determined necessary. (d) Linkage to earnings record data (1) Earnings metrics The Secretary, in cooperation with the Commissioner of Social Security, shall establish a system under which the student components of IPEDS are used to create earnings metrics. Such system shall enable the publication of data on median annual earnings and employment metrics, disaggregated by— (A) educational program based on CIP code; (B) credential received; (C) educational institution; and (D) State of employment. (2) Standard time periods for reporting earnings outcomes The Secretary shall make publicly available median annual earnings disaggregated by the categories described in subparagraphs (A) through (D) of paragraph (1) for each of the following time periods: (A) 2 years after educational program completion. (B) 6 years after educational program completion. (C) 15 years after educational program completion. (e) Public access to information The information aggregated by the Secretary under this section shall be included in the IPEDS and posted on a website in a timely and user-friendly manner and in a way that does not allow for the dissemination of any personally identifiable information. (f) Ensuring comparability of data metric For a period of 5 years following the date of enactment of the Student Right to Know Before You Go Act of 2013 , the Secretary shall be responsible for publishing all student components of IPEDS as such components would have been produced on the day before the date of enactment of the Student Right to Know Before You Go Act of 2013 . (g) Involvement of states and leveraging of investment in existing state-Based systems (1) In general Notwithstanding section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g , commonly known as the Family Educational Rights and Privacy Act of 1974 ) except as provided in paragraph (2), in carrying out this section, the Secretary shall consult extensively with State offices with existing student-level data collections from public and private institutions. (2) No sharing of personally identifiable information The Secretary, a State, or institution shall not share personally identifiable information of a student in carrying out paragraph (1), except as necessary to enable individuals who are employed by the Department to meet the reporting requirements and data dissemination purposes and requirements under this Act. (h) Involvement of Institutions of Higher Education in developing calculation and reporting standards In carrying out this section, the Secretary shall consult extensively with institutions of higher education and State agencies of higher education, particularly in the formulation of the calculation and reporting standards outlined in subsections (b), (c), and (d), and the public access to information under subsection (e). (i) Use of data for institutional improvement The Secretary shall create a process through which institutions of higher education participating in programs under this title and States may request and receive from the Department aggregate student outcome data for the purposes of institutional improvement and program evaluation. The Secretary shall promulgate regulations to ensure fair and equitable access to such data. In cases where institutional data are merged with Federal record sets and the resulting data are used for Federal accountability purposes beyond reporting to the public, the Secretary shall develop procedures to provide opportunities for institutional review of the disaggregated merged data. (j) Privacy, security, and use of information (1) Identity protection The data system developed under this section shall not permit an individual to be individually identified by users of the data system who are not actively working as database administrators of the system. (2) Data audit and data governance systems The data system developed under this section shall include a data audit system assessing data quality, validity, and reliability and a data governance system to ensure compliance with all Federal standards of data quality and individual privacy. (3) Prohibition and unauthorized use (A) In general Individual data collected under this section shall not be used for any purpose not specifically authorized by Federal law. (B) No Federal action No action of Federal authority may be taken against an individual based on data collected within the data system developed under this section. (C) Guidelines The Secretary shall issue guidelines to institutions regarding the amendment of the institutions required annual privacy notices to reference the data collection required under this section. (4) Individual privacy and access to data Prior to implementation of this section, the Secretary shall publish for public comment assurances that— (A) that the system developed under this section does not disclose any personally identifiable information and complies with the requirements of section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ) (commonly known as the Family Educational Rights and Privacy Act ) and other applicable Federal and State privacy laws; and (B) that there is a policy on the use of data collected under this section that prevents any use of data outside of the purposes of this section. (k) Penalties for unauthorized disclosure of data Any individual who willfully discloses a personal identifier (such as a name or social security number) provided under this section, in any manner to an entity not entitled to receive the identifier, shall be fined under title 18, United States Code, imprisoned not more than 5 years, or both. (l) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for each of the fiscal years 2014 through 2022. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1937ih/xml/BILLS-113hr1937ih.xml |
113-hr-1938 | I 113th CONGRESS 1st Session H. R. 1938 IN THE HOUSE OF REPRESENTATIVES May 9, 2013 Mr. Jones introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to ensure that members of the Armed Forces serving on active duty who are diagnosed with post-traumatic stress disorder or traumatic brain injury have access to hyperbaric oxygen therapy, and for other purposes.
1. Provision of hyperbaric oxygen therapy for certain members of the uniformed services (a) HBOT Treatment (1) In general Chapter 55 of title 10, United States Code, is amended by inserting after section 1074m the following new section: 1074n. Provision of hyperbaric oxygen therapy for certain members (a) In general The Secretary shall furnish hyperbaric oxygen therapy to a covered member if such therapy is prescribed by a physician to treat post-traumatic stress disorder or traumatic brain injury. (b) Use of private facilities The Secretary may carry out subsection (a) by furnishing hyperbaric oxygen therapy at private facilities in accordance with section 1074(c) of this title. (c) Covered member defined In this section, the term covered member means a member of the armed forces who is— (1) entitled to medical care under section 1074 of this title; and (2) diagnosed with post-traumatic stress disorder or traumatic brain injury. . (2) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1074m the following new item: 1074n. Provision of hyperbaric oxygen therapy for certain members. . (b) Effective date The amendments made by subsection (a) shall take effect 90 days after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1938ih/xml/BILLS-113hr1938ih.xml |
113-hr-1939 | I 113th CONGRESS 1st Session H. R. 1939 IN THE HOUSE OF REPRESENTATIVES May 9, 2013 Mr. Kilmer (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 amend the Workforce Investment Act of 1998 to establish lifelong learning accounts programs, and for other purposes.
1. Short title This Act may be cited as the Skills Investment Act of 2013 . 2. Findings and purpose (a) Finding Congress finds the following: (1) It will not be possible for adult workers in the United States to maintain a high standard of living in a competitive global economy without a dramatic increase in their skills. (2) Workers need up-to-date skills and skill credentials to keep pace with the changing and increasingly complex demands of the 21st century economy. (3) The fastest-growing occupations and best-paying jobs are those that require some postsecondary education. Maintaining a competitive edge requires knowledge and other skills. Increases in a country’s overall level of educational attainment lead to increases in its overall rate of economic growth. (4) The high cost of education and skill development has limited the options of many workers. Current major benefits such as the use of a HOPE tax credit or a Coverdell education savings account are not available to students who attend school less than half-time. Other workers do not earn enough to qualify for available education and training tax credits and deductions. Most available financial aid is intended for full-time students studying for degrees rather than the many adults who cannot attend education or skill development programs full-time because of demanding family and work commitments. (5) Employers increasingly need workers with 21st century workplace and technical skills to stay competitive. (b) Purpose The purpose of this Act is to establish an innovative program to support lifelong learning, that— (1) motivates workers to participate in education and skill development activities in which the workers would not otherwise participate; (2) provides a financial incentive to workers to save for education and skill development activities for their careers, and better manage their careers by upgrading, at the time and place of their choosing, their skills; (3) offers workers labor market and career information to make informed choices when enhancing skills to prosper in today’s dynamic and highly competitive global economy; and (4) provides an incentive to small employers to invest in and offer learning opportunities to improve their employees’ skills and productivity. 3. Lifelong Learning Accounts (a) In general Subtitle B of title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2811 et seq. ) is amended— (1) by redesignating chapter 6 as chapter 7; and (2) by inserting after chapter 5 the following: 6 Lifelong learning accounts 135. Definitions In this chapter: (1) Career pathway The term career pathway means a series of connected education and training strategies and support services that enable individuals to— (A) secure industry relevant certification; (B) obtain employment within an occupational area and to advance to higher levels of future education and employment in that area; and (C) progress through one or more postsecondary education or training options. (2) Career plan The term career plan means an individual employment plan described in section 134(d)(3)(C)(ii) that— (A) describes a worker's career goal, and steps or alternative routes associated with acquiring the skills and skill credentials needed to achieve the goal; and (B) includes labor market and career information on local in-demand industries and high growth industries. (3) Education or skill development The term education or skill development means an activity provided— (A) through a program or course of instruction by a postsecondary educational institution described in section 122(a)(2)(A); (B) through a registered apprenticeship program; or (C) through a program or course of instruction that provides training services, within the meaning of section 134(d)(4). (4) Eligible education or skill development expense The term eligible education or skill development expense means an amount paid for a program or course of instruction (including a registered apprenticeship program) of career-related education or skill development, provided by an eligible provider, including— (A) tuition, fees, and similar payments; (B) payments for books, supplies, equipment, tools, and information technology devices, required for such program or course; and (C) any expenses related to an assessment of an eligible worker’s prior learning or competency used to award credit for or placement in a program or course of instruction. (5) Eligible provider The term eligible provider means— (A) a postsecondary educational institution described in section 122(a)(2)(A) or a provider described in section 122(a)(2)(B); or (B) a provider identified as an eligible provider of training services under section 122(e). (6) Eligible worker The term eligible worker means an individual— (A) who is age 16 or older; (B) on whose behalf a lifelong learning account is established; and (C) who, on the date of application for the establishment of the account, was employed, was self-employed, or had previously been employed and was looking for work. (7) Institution of higher education The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (8) Labor market and career information The term labor market and career information means information about— (A) a regional labor market and promising industries and occupations for a worker in that market; (B) skills and skill credentials needed by a worker to achieve the worker's career goal; and (C) skill and work experience assessment results for the worker. (9) Lifelong learning account (A) In general The term lifelong learning account means an individual eligible worker’s federally tax exempt portable education savings account, established as a trust— (i) that contains contributions, which may be made by the worker, the worker’s employer, or a third party, or which may be made by the worker and matched by the employer; (ii) that is established for the purpose of paying for eligible education and skill development expenses, to bolster the worker’s existing career or a transition to a new career; and (iii) for which— (I) no contribution may be accepted unless the contribution is in cash; (II) except in the case of a rollover contribution, the total amount of contributions to the account, by the worker, the employer, or a third party, may not exceed $5,000 for a single taxable year; (III) no part of the trust assets may be invested in life insurance contracts; (IV) no part of the trust assets may be invested in any collectible (as defined in section 408(m) of the Internal Revenue Code of 1986); (V) the assets of the trust may not be commingled with other property except in a common trust fund or common investment fund; (VI) the interest of an individual in the balance in the individual's account shall be nonforfeitable; and (VII) no distribution shall be made from the account except for eligible education or skill development expenses or after an event described in section 135E(b)(4)(I). (B) Adjustment for inflation The amount set forth in subparagraph (A)(iii)(I) shall be adjusted in accordance with increases in the Consumer Price Index for all urban consumers of the Bureau of Labor Statistics. (10) One-Stop center The term one-stop center means a one-stop center referred to in section 134(c). (11) Registered apprenticeship program The term registered apprenticeship program means a program— (A) with an industry skills training approach that combines technical and theoretical training— (i) through structured on-the-job learning with related instruction (in a classroom or through distance learning) while an individual is employed, working under the direction of qualified personnel or a mentor, and earning incremental wage increases aligned to enhanced job proficiency; and (ii) resulting in the acquisition of nationally recognized and portable certificate, including a certificate of completion of apprenticeship; and (B) carried out under a plan approved by the Office of Apprenticeship or a State agency recognized by the Department of Labor, and meeting the standards required under sections 29 and 30 of title 29, Code of Federal Regulations (or any corresponding similar regulation or ruling), including such matters as the requirement for a written apprenticeship agreement. (12) State agency The term State agency means an agency appointed under section 135B(b)(1). (13) Trustee The term trustee means a Governor-designated entity, which may be a bank (as defined in section 408(n) of the Internal Revenue Code of 1986), that demonstrates to the Governor that the entity will establish and manage a lifelong learning account in a manner consistent with the requirements of this chapter, which demonstration may be accomplished by showing a record of success in establishing and managing similar retirement or education savings accounts. (14) Worker The term worker means an individual— (A) who is age 16 or older; and (B) who is employed, is self-employed, or was previously employed and is looking for work; or 135A. Lifelong learning account programs The Secretary shall make grants to States to pay for the Federal share of establishing lifelong learning account programs, to enhance and expand education and skill development activities for eligible workers. 135B. State supplemental plans (a) In general For a State to be eligible to receive a grant under this chapter, the Governor of the State shall submit a five-year plan to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (b) Contents The plan shall consist of a supplement to the State plan described in section 112 and shall include, at a minimum— (1) information identifying a fiscal and administrative agency that is a member of the State board appointed by the Governor of the State to design, establish, and implement the lifelong learning account program proposed for the State; (2) (A) an assurance that the Governor of the State will designate, on the recommendation of the State Board, a trustee to establish and manage the lifelong learning accounts of eligible workers throughout the entire State; and (B) a description of any criteria, developed in cooperation with State board, other than criteria issued under this chapter, that the Governor will use to designate such a trustee; (3) information describing the formula the State will use to allocate funding equitably to local areas within the State to provide assistance to one-stop centers, as described in section 135C(a)(1)(C); (4) information describing how the State board will oversee the design, establishment, and implementation of the lifelong learning accounts program; (5) a description of the State requirements for the program, including requirements to ensure that the trustee manages the lifelong learning accounts in a manner consistent with the fiscal control and accounting procedures described in paragraph (11); (6) a schedule for implementation of the lifelong learning account program, which (notwithstanding any other provision of this chapter) may specify implementation in phases if the schedule provides for full statewide implementation not later than 2 years after the date of approval of the plan; (7) (A) (i) a description of the career information, guidance, counseling, and related activities to be carried out through the one-stop centers in the State, to enable workers seeking to establish or use a lifelong learning account to make informed decisions about meeting their education and skill development needs, including labor market and career information, career planning, and information on the high-skill, high-demand industries identified under subparagraph (B) and related career pathways; and (ii) a description of information to be provided as described in paragraphs (2), (3), and (4) of section 135E(a); and (B) information, as reported in the State plan, identifying high-skill, high-demand industries in each region of the State or in the State, and sets of courses aligned with the needs of those industries, and services, that constitute career pathways; (8) a description of the methods the State agency will use to determine and carry out State-level activities described in section 135C(b) and any criteria established by the State for State contributions under section 135C(a)(2); (9) a description of how the State agency will monitor and assess the implementation (including operation) of the lifelong learning account program, including a description of the methods the State agency will use for collecting and reporting data on the program as required by the Secretary and providing technical assistance to the one-stop centers in the State, to implement and continuously improve the implementation of a fully operational lifelong learning account program; (10) information describing how the State will use the funds the State receives under this chapter to leverage other Federal, State, local, and private resources, to maximize the effective use of those resources and maximize the effectiveness of the lifelong learning account program, and to expand the participation of workers (especially lower-income workers) and employers (especially small and mid-sized employers) in the program; (11) an assurance that the State agency will provide for fiscal control and accounting procedures to ensure the proper disbursing of and accounting for funds made available to the State through the grant and for funds paid into lifelong learning accounts; (12) a description of the process that the State used to provide an opportunity for comment on, and input on the development of, the State supplemental plan by the State board and by the public, representatives of business, and representatives of labor organizations; (13) (A) an assurance that the State agency will, at the request of a eligible worker who has moved to a second State, direct the trustee managing the worker's lifelong learning account to transfer the account to a trustee in the second State and will otherwise comply with the portability plan described in subsection (e); and (B) a description of the means by which the State agency will direct the transfers, and otherwise comply with the portability plan, referred to in subparagraph (A); (14) if the State requires a minimum amount of contributions described in section 135E(b)(2)(B), the minimum amount; (15) an assurance that the State will participate in any evaluation or research conducted under section 135H; and (16) an assurance that the State will use no more than 10 percent of the funds for administrative costs. (c) Request for waiver At the election of a State, the State may include in the plan a request for a waiver of section 135E(b)(4)(D), to permit a one-stop center staff or system operator of the statewide web-based system in the State to rely on an eligible worker’s statement described in section 135E(b)(4)(C)(iv). The Secretary may approve the request as a portion of the plan, or may deny the request. (d) Supplemental plan submission and approval A State supplemental plan submitted to the Secretary under this section by a Governor shall be considered to be approved by the Secretary at the end of the 90-day period beginning on the day the Secretary receives the plan, unless the Secretary makes a written determination, during the 90-day period, that the plan is inconsistent with the provisions of this chapter. (e) Portability plan The Secretary shall develop, in consultation with State agencies and other entities and individuals, a plan to ensure the portability of lifelong learning accounts among States. The plan shall address the extent of portability of lifelong learning accounts established for eligible workers. The Secretary shall ensure that States comply with the plan, in determining whether to approve State supplemental plans under this section. (f) Modifications to plan A State may submit modifications to a State supplemental plan in accordance with the requirements of this section and section 135C(c) as necessary during the period covered by the plan. (g) Compliance with plan requirements A State shall comply with the requirements of the State supplemental plan to be eligible to receive funds under this chapter. Nothing in this chapter shall be construed to affect the eligibility of a State for an allotment under section 127 or 132, or financial assistance under the Wagner-Peyser Act (29 U.S.C. 49 et seq.), on the basis of the State's compliance with the requirements of the State supplemental plan. 135C. State activities (a) In general A State that receives a grant under this chapter— (1) shall use the funds made available through the grant— (A) for the design, establishment, and implementation (including monitoring and assessment) of lifelong learning accounts programs, as described in subsection (b); (B) to provide funds to one or more trustees in the State for the establishment and management of lifelong learning accounts as described in section 135E(b); and (C) to provide assistance to the one-stop centers in the State, to enable the one-stop center staff to carry out the responsibilities described in section 135E(a); and (2) may, after carrying out paragraph (1), use a portion of the grant funds to make contributions to lifelong learning accounts in the State that meet criteria established by the State, such as accounts to which small- and mid-sized employers have made contributions or accounts of lower-income eligible workers. (b) State-Level activities The State agency shall design, establish, and implement (including monitoring and assessing) the lifelong learning accounts program, including— (1) establishing and maintaining a worker-accessible statewide web-based system to provide the assistance described in paragraphs (1) through (4) of section 135E(a) and meet the applicable requirements of section 135E(b); (2) developing outreach and marketing activities to be carried out in the State; (3) reviewing the State list of training services providers compiled under section 122(e)(4) to determine the currency and accuracy of the list, updating the list, improving the format of the list, and increasing access to the list; (4) providing capacity building and technical assistance to local boards, one-stop center staff, (and employees of such centers who provide career information, guidance, counseling, and related activities), and eligible providers, with respect to the authorities and responsibilities of such entities under this chapter; (5) developing, disseminating, and presenting information on the lifelong learning account program of the State to workers, employers, and general public, and carrying out creative efforts to engage private sector organizations (such as labor organizations, industry organizations, and nonprofit organizations) and public sector organizations as partners in the program; and (6) preparing reports for the State board for the State, containing assessments of the program. (c) State board responsibilities The State board for the State shall— (1) make recommendations to the Governor about the designation of a trustee; (2) provide advice to the Governor and the State agency on a general vision for a lifelong learning account program that suggests ways to create opportunities for all workers, but especially for workers earning less than 200 percent of the poverty line or workers without a degree from a 2-year or 4-year nationally recognized postsecondary (or not participating in an apprenticeship program), to successfully participate in the program, with the goal of improving their skills and the likelihood of long-term prosperity for themselves and their families; (3) provide independent advice to the State agency about the operation and performance of the lifelong learning account program, and, as appropriate, enter into contracts for studies or assessments of the program in order to provide that advice; (4) review and provide advice to the Governor on proposals for State supplemental plans; and (5) receive and comment on reports from the trustee and the State agency, containing assessments of the lifelong learning account program, and from, as appropriate, the Secretary and other entities evaluating or researching the program. 135D. Local supplemental plans (a) In general Each local board shall develop and submit to the Governor a local supplemental plan, in partnership with the appropriate chief elected official. The plan shall be consistent with the State supplemental plan. (b) Contents The plan shall consist of a supplement to the local plan described in section 118 and shall include, at a minimum— (1) the description referred to in section 135B(b)(7)(A), with respect to information and activities to be provided through the one-stop centers in the local area involved; (2) an assurance that the local one-stop delivery system will, through the one-stop centers in the local area, provide the assistance described in paragraphs (1) through (5) of section 135E(a); (3) an assurance that the one-stop center staff for the one-stop centers in the local area will coordinate activities carried out through the centers with State-level activities, including the operation of the statewide web-based system, to provide the assistance described in paragraphs (1) through (4) of section 135E(a); (4) information describing how the local board will use the funds the local area receives under this chapter to leverage other Federal, State, local, and private resources, to maximize the effective use of those resources and maximize the effectiveness of the lifelong learning account program in the State, and to expand the participation of workers (especially lower-income workers) and employers (especially small- and mid-sized employers) in the program; and (5) other assurances as required by the Governor. (c) Supplemental plan submission and approval A local supplemental plan submitted to a Governor under this section by a local board and chief elected official shall be considered to be approved by the Governor at the end of the 90-day period beginning on the day the Governor receives the plan, unless the Governor makes a written determination, during the 90-day period, that— (1) deficiencies in activities carried out under this chapter have been identified, and the local area has not made acceptable progress in implementing corrective measures to address the deficiencies; or (2) the plan is inconsistent with the provisions of this chapter. 135E. Local activities (a) One-Stop center staff The one-stop center staff that receives assistance under section 135C(a)(1)(C) shall use the assistance to— (1) provide career information, guidance, counseling, and related activities for workers seeking to establish or use a lifelong learning account, including labor market and career information, career planning, and information on the high-skill, high-demand industries, in the region involved, that are identified under section 135B(b)(7)(B) and related career pathways; (2) provide information on lifelong learning accounts, and assistance in establishing and using lifelong learning accounts, including applying to establish such an account; (3) provide information on eligible providers, their education and skill development programs or courses, and the eligible education or skill development expenses associated with the programs or courses; (4) provide information about other public or private education or skill development activities (other than activities eligible for funding through a lifelong learning account) that workers may be eligible to participate in to meet their education and skill development needs; (5) carry out outreach and marketing activities; and (6) meet the applicable requirements of subsection (b). (b) Trustees A trustee shall establish and manage lifelong learning accounts in accordance with the following requirements: (1) Establishment (A) Request A worker who resides in a State and who meets the requirements of section 135(6) but does not have a lifelong learning account may, at the election of the worker, request a lifelong learning account. The worker may submit the request through a one-stop center (to the one-stop center staff) or through the statewide web-based system (to the system operator). The request shall include an assurance that the employer of the worker has not required, coerced, or influenced the worker to establish the account. (B) Information On receipt of a request described in subparagraph (A) for such a worker, the one-stop center staff involved or the operator of the web-based system shall supply information to the worker on the manner in which the account will be managed, the requirements for withdrawing and using funds from the account, and information on the prohibition and procedure described in paragraph (4)(H), and will ask the worker to acknowledge receipt of the information. (C) Establishment On receiving the acknowledgment from the worker, the one-stop center staff or system operator shall forward the application to the appropriate trustee, who shall establish the account. (2) Contributions (A) In general A contribution may be made to an eligible worker's lifelong learning account by— (i) the worker; (ii) the employer of the worker, who may provide contributions without regard to the worker's contributions, or as matching funds; or (iii) a third party, such as the State, a political subdivision of the State, the Federal government through any Federal program; an individual, or a foundation. (B) Minimum contribution for employer contributions The State may require a worker to provide a minimum amount of contributions to the worker's lifelong learning account before permitting the worker's employer to provide employer contributions under this paragraph. (3) Transfers If the eligible worker moves to a second State, at the request of the eligible worker, the State described in paragraph (1) shall direct the trustee to transfer the worker's lifelong learning account to the second State, in compliance with the portability plan described in subsection (d). The program requirements of the lifelong learning account program in the second State shall apply to the account. (4) Withdrawal of amounts (A) Application to one-stop center staff (i) In general An eligible worker who desires to withdraw funds from the worker's lifelong learning account shall submit an application to withdraw the funds— (I) at a one-stop center, to the one-stop center staff; or (II) through the statewide web-based system, to the system operator. (ii) Assurance The application shall include assurances that— (I) the worker is not requesting funds for routine health and safety training or training that relates to use of new equipment that is otherwise covered by the employer; (II) the worker is not requesting funds for an education or skill development activity that was previously provided by the worker’s employer or that is an activity for which the employer previously provided financial assistance (such as tuition assistance) to workers, if the employer initiates discontinuance of the activity or financial assistance, respectively, less than 6 months before the date of the request; and (III) the employer of the worker has not required, coerced, or influenced the worker to establish the account or to use, or refrain from using, funds from the account for any type of education or skill development activity for which the worker may use the funds under this chapter, or for an activity described in subclause (I) or (II). (B) Services The one-stop center staff or system operator shall offer career information, guidance, counseling, and related activities described in subsection (a)(1) to the eligible worker. (C) Application to trustee On receiving or declining the services described in subparagraph (B) the eligible worker shall submit an application to the one-stop center staff or system operator, for the trustee, containing— (i) a career goal (and, if developed, a career plan); (ii) a description of the career-related education or skill development activity to be funded through the withdrawal; (iii) the eligible provider who will provide the education or skill development activity; and (iv) a statement of the eligible education or skill development expense associated with the activity. (D) Verification Except in a State covered by a waiver approved under section 135B(c), on receiving the application, the one-stop center staff or system operator shall endeavor to verify the amount of the expense specified on the statement described in subparagraph (C)(iv). If the one-stop center staff or system operator is able to verify the amount (or is in a State covered by such a waiver), and the application contains the items described in clauses (i) through (iv) of subparagraph (C), the one-stop center staff or system operator shall forward the application to the trustee. (E) Approval The trustee shall approve the application not later than 10 days after receipt, unless— (i) the application fails to contain an item described in clause (i) through (iv) of subparagraph (C); or (ii) the amount in the eligible worker’s account is less than the amount of the expense specified on the statement described in subparagraph (C)(iv). (F) Disbursement On approving the application, the trustee shall disburse the amount of the expense specified on the statement to the eligible provider. In the event that the amount of the expense includes an amount for an item described in section 135(4)(B), and that amount is not payable to the provider, the provider may reimburse the worker for the amount of that item. (G) Failure to disburse If, not earlier than 10 days after the date on which the trustee has received the application, the trustee has failed to approve or disapprove the application, or has approved the application but failed to make a disbursement as provided in subparagraph (F), the eligible worker may bring an action in a court of appropriate jurisdiction to compel disbursement of the amount. (H) Prohibition on employer requirements, coercion, or influence (i) In general No employer of the eligible worker, or contributor to the worker’s lifelong learning account, may require, coerce, or influence a worker to establish the account, or to use, or refrain from using, funds from the account for any type of education or skill development activity for which the worker may use the funds under this chapter, or any activity described in subclause (I) or (II) of subparagraph (A)(ii). (ii) Grievance or complaint An eligible worker alleging a violation of this subparagraph may file a grievance or complaint in accordance with section 181(c). (I) Special disbursements For purposes of this paragraph, any disbursement (or request for disbursement) made after the account beneficiary dies, becomes disabled (within the meaning of section 72(m)(7) of the Internal Revenue Code of 1986), or has attained age 70, shall be treated as a disbursement (or request for disbursement) for eligible education or skill development expenses. (5) Treatment of account (A) Separation or divorce If a separation or divorce agreement awards the lifelong learning account, or the benefits of the account, of an eligible worker to the worker's spouse or former spouse, the trustee shall transfer the account to the spouse or former spouse. (B) Death On the death of an eligible worker— (i) if the designated beneficiary for the lifelong learning account elects the application of this clause, such designated beneficiary shall be treated as the account beneficiary for purposes of such account; or (ii) in any case not described in clause (i), the trustee shall pay the funds in the account to the beneficiary, and close the account. (c) Oversight Consistent with its responsibilities to oversee the one-stop delivery system in the local area, the local board shall oversee the implementation of the lifelong learning account program in the local area, and shall monitor and assess the performance of the program. 135F. Federal share (a) In general The Federal share of the cost described in section 135A for administering the lifelong learning accounts program established by this chapter shall be 80 percent. (b) Non-Federal share The State may provide the non-Federal share of the cost in cash or in-kind, fairly evaluated, including plant, equipment, or services. The State may provide the non-Federal share from State, local, or private sources. 135G. Trustee reports (a) Preparation Each State that carries out a lifelong learning account program under this chapter shall require each trustee in the State to annually prepare a report containing information on contributions to and withdrawals from such accounts in the State, an assessment of the State lifelong learning account program, and information on such additional matters as the Secretary of Labor, after consultation with the Secretary of the Treasury, may require. (b) Submission The trustee shall submit each such report to the Governor and the State legislature of the State. The Governor shall transmit each such report to the Secretary of Labor, the Secretary of the Treasury, and Congress, and shall make the report available to the general public. 135H. Evaluations and other research (a) In general The Secretary shall conduct evaluations and other research, directly or through grants or contracts, to determine the effectiveness of the lifelong learning account programs carried out under this chapter in meeting the objectives of this chapter. (b) Methodology and research designs The Secretary shall use appropriate methodology and research designs for the evaluations and research. (c) Topics In conducting the evaluations and research, the Secretary may address topics including whether the programs increased the wages or salaries of workers, resulted in promotions, new positions, or better positions for the workers, increased the number of workers who acquired industry-recognized skill credentials, enhanced the job performance of workers, or increased worker retention. (d) Report The Secretary shall submit to Congress a report containing the results of each evaluation or research project conducted under this section. 135I. Study on contributions from Federal programs (a) Study The Secretary, in conjunction with the Secretary of Health and Human Services, shall conduct a study concerning whether, and the degree to which, States should be permitted to use funds available under a covered program to make contributions to lifelong learning accounts of eligible workers in the State, and concerning the impacts on the covered program. (b) Report Not later than 24 months after the date of enactment of the Skills Investments Act of 2013, the Secretary of Labor shall submit to Congress a report containing the results of the study and any recommendations for legislation the Secretary determines to be appropriate. (c) Definition In this section, the term covered program means 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. ), an employment and training program carried out under section 6(d)(4) of the Food Stamp Act of 1977 ( 7 U.S.C. 2015(d)(4) ), the portion of a program of employment and training activities carried out under chapter 5 that is funded through individual training accounts described in section 134(d)(4)(G), the activities (including training, other employment services, and provision of allowances) carried out under part II of subchapter B of chapter 2 of title II of the Trade Act of 1974 ( 29 U.S.C. 2295 et seq. ), and another Federal employment and training program identified by the Secretary. 135J. Eligibility for other Federal benefits No Federal agency may take into consideration the amount deposited to, or withdrawn from, an eligible worker's lifelong learning account in determining the eligibility of the worker for any benefit or service under any provision of Federal law, including any education or skill development benefit or service, other than this chapter. . (b) Conforming amendment The table of contents in section 1(b) of the Workforce Investment Act of 1998 is amended— (1) by redesignating the item relating to the chapter heading of chapter 6, as the item relating to the chapter heading of chapter 7, of subtitle B of title I; and (2) by inserting after the items relating to chapter 5 of that subtitle the following: Chapter 6—Lifelong learning accounts Sec. 135. Definitions. Sec. 135A. Lifelong learning account programs. Sec. 135B. State supplemental plans. Sec. 135C. State activities. Sec. 135D. Local supplemental plans. Sec. 135E. Local activities. Sec. 135F. Federal share. Sec. 135G. Trustee reports. Sec. 135H. Evaluations and other research. Sec. 135I. Study on contributions from Federal programs. Sec. 135J. Eligibility for other Federal benefits. . 4. Authorization of appropriations Section 137 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2872 ) is amended by adding at the end the following: (d) Lifelong learning account programs There is authorized to be appropriated to carry out chapter 6 such sums as may be necessary for each of fiscal years 2015 through 2020. . 5. Credit for contributions to lifelong learning accounts (a) In general Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by inserting after section 36B the following new section: 36C. Contributions to lifelong learning accounts (a) Credit allowed In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the applicable percentage of the contributions (other than rollover contributions described in subsection (e)(5)) paid in cash during such taxable year by or on behalf of such individual to a lifelong learning account of such individual. (b) Limitations and definitions related to allowance of credit (1) Dollar limitation The amount of contributions taken into account under subsection (a) with respect to any eligible individual for any taxable year shall not exceed the lesser of— (A) $3,000, or (B) an amount equal to the compensation (as defined in section 219(f)(1)) includible in the individual’s gross income for such taxable year. (2) Limitations based on modified adjusted gross income (A) Phaseout of dollar limitation based on account beneficiary’s modified adjusted gross income The $3,000 amount contained in paragraph (1)(A) shall be reduced (but not below zero) by the account beneficiary’s reduction amount. (B) Per contributor limitation based on contributor’s modified adjusted gross income In the case of a contributor who is an individual (other than an employer of the account beneficiary), the aggregate amount of the contributions of such contributor which may be taken into account under subsection (a) with respect to any eligible individual for any taxable year shall not exceed the excess (if any) of $3,000 over such contributor’s reduction amount. (C) Account beneficiary’s reduction amount For purposes of subparagraph (A), the account beneficiary’s reduction amount is the amount which bears the same ratio to $3,000 as— (i) the excess of— (I) the account beneficiary’s modified adjusted gross income for such taxable year, over (II) $100,000 (twice such amount in the case of a joint return), bears to (ii) $20,000 (twice such amount in the case of a joint return). For purposes of the preceding sentence, the term modified adjusted gross income means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. (D) Contributor’s reduction amount For purposes of subparagraph (B), the contributor’s reduction amount is the amount that would be determined under subparagraph (C) if contributor were substituted for account beneficiary each place it appears therein. (E) Special rule for married individuals filing a separate return In the case of a married individual filing a separate return, subparagraph (C)(I)(II) shall be applied by substituting zero for the dollar amount therein. (3) Treatment of employer contributions (A) Exclusion from gross income Gross income shall not include any contribution to a lifelong learning account made by an employer of the account beneficiary to the extent that the aggregate amount of such contributions made during the taxable year does not exceed the limitation in effect under paragraph (1) (determined without regard to subparagraph (B) of this paragraph) for such taxable year with respect to such beneficiary. (B) Coordination with credit The limitation which would (but for this subparagraph) apply under paragraph (1) with respect to the eligible individual for any taxable year shall be reduced (but not below zero) by the aggregate amount contributed to lifelong learning accounts of such individual which is excludable from the taxpayer’s gross income for such taxable year under subparagraph (A) (and such amount shall not be taken into account in determining the credit under subsection (a)). (4) Applicable percentage For purposes of this section, the term applicable percentage means— (A) 50 percent with respect to the first $500 of contributions taken into account under subsection (a) with respect to any eligible individual for any taxable year, and (B) 25 percent with respect to so much of such contributions as exceeds $500. (5) Eligible individual For purposes of this section, the term eligible individual means any individual for any taxable year if, as of the first day of such taxable year, such individual has attained age 16. (c) Lifelong learning accounts For purposes of this section— (1) In general The term lifelong learning account means a trust created or organized in the United States as a lifelong learning account under a lifelong learning account program established by a State under chapter 6 of subtitle B of title I of the Workforce Investment Act of 1998 exclusively for the purpose of paying the eligible education or skill development expenses of the account beneficiary and maintained by a trustee consist with the requirements of section 135E(b) of such Act, but only if the written governing instrument creating the trust meets the following requirements: (A) No contribution will be accepted unless it is in cash. (B) Except in the case of a rollover contribution described in subsection (e)(5), no contribution will be accepted if such contribution, when added to all previous contributions to the trust for the calendar year, would exceed $5,000. (C) The trust assets will be held by a trustee who will administer the trust consistent with the requirements of such lifelong learning account program and this section. (D) No part of the trust assets will be invested in life insurance contracts. (E) No part of the trust assets will be invested in any collectible (as defined in section 408(m)). (F) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. (G) The interest of an individual in the balance in his account is nonforfeitable. (H) No distribution shall be made from the account except— (i) for eligible education or skill development expenses, or (ii) after an event described in subsection (e)(2)(B). (2) Eligible education or skill development expense The term eligible education or skill development expense means any eligible education or skill development expense (as defined in section 135 of the Workforce Investment Act of 1998) which meets the requirements of subclauses (I) and (II) of section 135E(b)(4)(A)(ii) of such Act. (3) Account beneficiary The term account beneficiary means the individual on whose behalf the lifelong learning account was established. (4) Trustee The term trustee has the meaning given the term in section 135 of the Workforce Investment Act of 1998. (5) Certain rules to apply Rules similar to the following rules shall apply for purposes of this section: (A) Section 219(f)(3) (relating to time when contributions deemed made). (B) Section 408(g) (relating to community property laws). (C) Section 408(h) (relating to custodial accounts). (d) Tax treatment of accounts (1) In general A lifelong learning account is exempt from taxation under this subtitle unless such account has ceased to be a lifelong learning account. Notwithstanding the preceding sentence, any such account is subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc. organizations). (2) Nonqualified distribution treated as account termination If there is a nonqualified distribution (as defined in subsection (e)) from a lifelong learning account for any taxable year— (A) such account shall cease to be treated as a lifelong learning account as of the close of such taxable year, and (B) any amounts in such account as of the close of such taxable year shall be treated as distributed to the account beneficiary on the last day of such taxable year and shall be treated as not used to pay eligible education or skill development expenses. (3) Application of other rules treating certain events as account terminations Rules similar to the rules of paragraphs (2) and (4) of section 408(e) shall apply to lifelong learning accounts, and any amount treated as distributed under such rules shall be treated as not used to pay eligible education or skill development expenses. (e) Inclusion of distributions in gross income (1) Inclusion in gross income Any amount distributed out of a lifelong learning account shall be included in gross income by the account beneficiary. (2) Additional tax (A) In general Except as otherwise provided in this subsection, the tax imposed by this chapter on the account beneficiary for any taxable year in which there is a nonqualified distribution from a lifelong learning account shall be increased by 10 percent of the amount of such distribution. (B) Exceptions Subparagraph (A) and subsection (d)(2) shall not apply if the distribution is made after the account beneficiary dies, becomes disabled (within the meaning of section 72(m)(7)), or has attained age 70. (3) Nonqualified distribution For purposes of this section, the term nonqualified distribution means the excess (if any) of— (A) the aggregate distributions from the account during the taxable year, over (B) the eligible education or skill development expenses of the account beneficiary for the taxable year. (4) Excess contributions returned before due date of return (A) In general If any excess contribution is contributed for a taxable year to any lifelong learning account of an individual, paragraphs (1) and (2) and subsection (d)(2) shall not apply to distributions from the lifelong learning accounts of such individual (to the extent such distributions do not exceed the aggregate excess contributions to all such accounts of such individual for such year) if— (i) such distribution is received by the individual on or before the last day prescribed by law (including extensions of time) for filing such individual’s return for such taxable year, and (ii) such distribution is accompanied by the amount of net income attributable to such excess contribution. Any net income described in clause (ii) shall be included in the gross income of the individual for the taxable year in which it is received. (B) Excess contribution For purposes of subparagraph (A), the term excess contribution means any contribution (other than a rollover contribution described in paragraph (6)) which is not taken into account for purposes of determining the credit allowed under subsection (a) or the amount excludable from the taxpayer’s gross income under subsection (b)(3). (5) Rollover contribution An amount is described in this paragraph as a rollover contribution if it meets the requirements of subparagraphs (A) and (B). (A) In general Paragraphs (1) and (2) and subsection (d)(2) shall not apply to any amount paid or distributed from a lifelong learning account to the account beneficiary to the extent the amount received is paid into a lifelong learning account for the benefit of such beneficiary not later than the 60th day after the day on which the beneficiary receives the payment or distribution. (B) Limitation This paragraph shall not apply to any amount described in subparagraph (A) received by an individual from a lifelong learning account if, at any time during the 1-year period ending on the day of such receipt, such individual received any other amount described in subparagraph (A) from a lifelong learning account to which paragraphs (1) and (2) did not apply by reason of the application of this paragraph. (6) Transfer of account incident to divorce The transfer of an individual’s interest in a lifelong learning account to an individual’s spouse or former spouse under a divorce or separation instrument described in subparagraph (A) of section 71(b)(2) shall not be considered a taxable transfer made by such individual notwithstanding any other provision of this subtitle, and such interest shall, after such transfer, be treated as a lifelong learning account with respect to which such spouse is the account beneficiary. (7) Treatment after death of account beneficiary (A) Treatment if designated beneficiary is spouse or elects to continue account If any individual acquires the account beneficiary’s interest in a lifelong learning account by reason of being the designated beneficiary of such account at the death of the account beneficiary and such individual elects the application of this subparagraph, such lifelong learning account shall be treated as if such designated beneficiary were the account beneficiary. (B) Other cases (i) In general If, by reason of the death of the account beneficiary, any person acquires the account beneficiary’s interest in a lifelong learning account in a case to which subparagraph (A) does not apply— (I) such account shall cease to be a lifelong learning account as of the date of death, and (II) an amount equal to the fair market value of the assets in such account on such date shall be includible if such person is not the estate of such beneficiary, in such person’s gross income for the taxable year which includes such date, or if such person is the estate of such beneficiary, in such beneficiary’s gross income for the last taxable year of such beneficiary. (ii) Deduction for estate taxes An appropriate deduction shall be allowed under section 691(c) to any person (other than the decedent or the decedent’s spouse) with respect to amounts included in gross income under clause (I) by such person. (f) Reports The trustee of a lifelong learning account shall make such reports regarding such account to the Secretary and to the account beneficiary with respect to contributions, distributions, and such other matters as the Secretary may require under regulations. The reports required by this subsection shall be filed at such time and in such manner and furnished to such individuals at such time and in such manner as may be required by those regulations. . (b) Tax on excess contributions Section 4973 of the Internal Revenue Code of 1986 is amended— (1) by striking or at the end of subsection (a)(4), by inserting or at the end of subsection (a)(5), and by inserting after subsection (a)(5) the following new paragraph: (6) a lifelong learning account (within the meaning of section 36C(c)), , and (2) by adding at the end the following new subsection: (h) Excess contributions to lifelong learning accounts For purposes of this section, in the case of lifelong learning accounts (within the meaning of section 36C(c)), the term excess contributions means the sum of— (1) the aggregate amount contributed for the taxable year to the accounts (other than rollover contributions described in section 36C(e)(5)) which is not taken into account for purposes of determining the credit allowed under section 36C(a) or the amount excludable from the taxpayer’s gross income under section 36C(b)(3), and (2) the amount determined under this subsection for the preceding taxable year, reduced by the sum of— (A) the distributions out of the accounts with respect to which additional tax was imposed under section 36C(e)(2)(A) for the taxable year, and (B) the excess (if any) of— (i) the maximum amount of contributions which may be taken into account under section 36C(a) for the taxable year, over (ii) the amount contributed to the accounts for the taxable year. For purposes of this subsection, any contribution which is distributed out of the lifelong learning account in a distribution to which section 36C(e)(5) applies shall be treated as an amount not contributed. . (c) Tax on prohibited transactions (1) Paragraph (1) of section 4975(e) of the Internal Revenue Code of 1986 (relating to prohibited transactions) is amended by redesignating subparagraph (G) as subparagraph (H), by striking or at the end of subparagraph (F), and by inserting after subparagraph (F) the following new subparagraph: (G) a lifelong learning account described in section 36C(c), or . (2) Subsection (c) of section 4975 of such Code is amended by adding at the end the following new paragraph: (7) Special rule for lifelong learning accounts An individual for whose benefit a lifelong learning account is established shall be exempt from the tax imposed by this section with respect to any transaction concerning such account (which would otherwise be taxable under this section) if, with respect to such transaction, the account ceases to be a lifelong learning account by reason of the application of paragraph (2) or (3) of section 36C(d) to such account. . (d) Failure To provide reports on lifelong learning accounts Paragraph (2) of section 6693(a) of the Internal Revenue Code of 1986 is amended by striking and at the end of subparagraph (D), by redesignating subparagraph (E) as subparagraph (F), and by inserting after subparagraph (D) the following new subparagraph: (E) section 36C(f) (relating to lifelong learning accounts), and . (e) Exclusion from employment taxes (1) Federal Insurance Contributions Act Subsection (a) of section 3121 of the Internal Revenue Code of 1986 is amended by striking or at the end of paragraph (22), by striking the period at the end of paragraph (23) and inserting ; or , and by inserting after paragraph (23) the following new paragraph: (24) any payment made to or for the benefit of an employee if at the time of such payment it is reasonable to believe that the employee will be able to exclude such payment from income under section 36C(b)(3). . (2) Railroad retirement tax Subsection (e) of section 3231 of such Code is amended by adding at the end the following new paragraph: (13) Learning account contributions The term compensation shall not include any payment made to or for the benefit of an employee if at the time of such payment it is reasonable to believe that the employee will be able to exclude such payment from income under section 36C(b)(3). . (3) Unemployment tax Subsection (b) of section 3306 of such Code is amended by striking or at the end of paragraph (19), by striking the period at the end of paragraph (20) and inserting ; or , and by inserting after paragraph (20) the following new paragraph: (21) any payment made to or for the benefit of an employee if at the time of such payment it is reasonable to believe that the employee will be able to exclude such payment from income under section 36C(b)(3). . (4) Withholding tax Subsection (a) of section 3401 of such Code is amended by striking or at the end of paragraph (22), by striking the period at the end of paragraph (23) and inserting ; or , and by inserting after paragraph (23) the following new paragraph: (24) any payment made to or for the benefit of an employee if at the time of such payment it is reasonable to believe that the employee will be able to exclude such payment from income under section 36C(b)(3). . (5) Social security trust funds held harmless There is hereby appropriated (out of any money in the Treasury not otherwise appropriated) for each fiscal year to each fund under the Social Security Act an amount equal to the reduction in the transfers to such fund for such fiscal year by reason of the amendment made by paragraph (1). (f) Exemption from ERISA requirements Subsection (b) of section 4 of the Employee Retirement Income Security Act of 1974 is amended by striking or at the end of paragraph (4), by striking the period at the end of paragraph (5) and inserting ; or , and by inserting after paragraph (5) the following new paragraph: (6) such plan is maintained solely for the purposes of establishing, and making contributions to, lifelong learning accounts (within the meaning of section 36C(c) of the Internal Revenue Code of 1986) on behalf of employees. . (g) Conforming amendments (1) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36B the following new item: Sec. 36C. Contributions to lifelong learning accounts. . (2) Section 6211(b)(4)(A) of such Code is amended by inserting 36C, after 36B, . (3) Section 1324(b)(2) of title 31, United States Code, is amended by inserting 36C, after 36B, . (h) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. 6. Credit for small businesses with respect to lifelong learning account programs (a) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: 45S. Lifelong learning accounts credit (a) In general For purposes of section 38, in the case of an eligible employer, the lifelong learning accounts credit is the sum of— (1) the lifelong learning account contributions credit, and (2) the lifelong learning account administrative costs credit. (b) Lifelong learning account contributions credit (1) In general For purposes of this section, the term lifelong learning account contributions credit means the amount equal to 25 percent of the aggregate amount paid or incurred by the taxpayer during the taxable year as contributions to lifelong learning accounts (within the meaning of section 36C(c)) of employees of the taxpayer. (2) Dollar limitation The amount of the contributions taken into account under paragraph (1) with respect to any employee for any taxable year shall not exceed $3,000. (c) Lifelong learning account administrative costs credit (1) In general For purposes of this section, the term lifelong learning account administrative costs credit means the amount equal to 50 percent of the aggregate amount paid or incurred by the taxpayer during the taxable year as administrative expenses in carrying out a program to make payments to the lifelong learning accounts (within the meaning of section 36C(c)) of employees of the taxpayer. (2) Dollar limitation The amount of the credit determined under this subsection for any taxable year shall not exceed— (A) $500 per eligible employer for the first credit year and each of the 2 taxable years immediately following the first credit year, and (B) zero for any other taxable year. (3) First credit year For purposes of this subsection, the term first credit year means the first taxable year for which the taxpayer claims a credit under this section. (4) Special rules For purposes of this subsection, rules similar to the rules of paragraphs (1), (2), and (3) of section 45E(e) shall apply. (d) Eligible employer For purposes of this section, the term eligible employer has the meaning given such term by section 408(p)(2)(C)(I) applied— (1) by substituting 250 employees for 100 employees in subclause (I) thereof, (2) for purposes of determining eligibility for the lifelong learning account contributions credit for any taxable year, without regard to subclause (II) thereof, and (3) for purposes of determining eligibility for the lifelong learning account administrative costs credit for any taxable year, by treating the plan described in subsection (c)(1) as the plan referred to in such subclause (II). (e) Recapture in case of employee coercion, etc If the Secretary, after consultation with the Secretary of Labor, determines that the taxpayer has required, coerced, or influenced an employee to establish a life long learning account or to use, or refrain from using, funds from the account for any eligible education or skill development expense (as defined in section 36C)— (1) the tax imposed on the taxpayer under this subtitle for the taxable year which includes the date of such determination shall be increased by the amount of the credits allowed under this section to the taxpayer for all taxable years which include any portion of the period during which such requirement, coercion, or influence occurred, and (2) no credit shall be allowed to the taxpayer under this section for the taxable year which includes the date of such determination and the succeeding taxable year. . (b) Credit part of general business credit Section 38(b) of the Internal Revenue Code of 1986 is amended by striking plus at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting , plus , and by adding at the end the following new paragraph: (37) the lifelong learning accounts credit determined under section 45S. . (c) Deduction for unused credit Section 196(c) 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 adding at the end the following new paragraph: (15) the lifelong learning accounts credit determined under section 45S. . (d) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 45S. Lifelong learning accounts credit. . (e) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. | https://www.govinfo.gov/content/pkg/BILLS-113hr1939ih/xml/BILLS-113hr1939ih.xml |
113-hr-1940 | I 113th CONGRESS 1st Session H. R. 1940 IN THE HOUSE OF REPRESENTATIVES May 9, 2013 Mr. Loebsack (for himself, Mr. Michaud , Mr. Payne , Ms. McCollum , and Mr. Price of North Carolina ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To establish an Office of Specialized Instructional Support in the Department of Education and to provide grants to State educational agencies to reduce barriers to learning.
1. Short title This Act may be cited as the Reducing Barriers to Learning Act of 2013 . 2. Findings The Congress finds the following: (1) Interventions to increase students’ bonding to school promote academic success by reducing barriers to learning. (2) Interventions that foster students’ engagement in school have been shown to reduce high school dropout rates. (3) Interventions that strengthen students’ social, emotional, and decisionmaking skills also positively impact their academic achievement, both in terms of higher standardized test scores and better grades. (4) Prevention and early intervention programs that target elementary school-aged students who are academically and socially at risk have been shown to produce declines in special education referrals and placement, suspension, grade retention, and disciplinary referrals. (5) Students with barriers to learning, such as low levels of resilience assets (such as high expectations and caring relationships at school), have lower levels of academic achievement both in low- and high-performing schools. (6) Increasing students’ engagement and sense of community in the school produces reductions in problem behaviors, increased associations with prosocial peers, and better academic performance. (7) School mental health programs improve educational outcomes by decreasing absences and discipline referrals and improving test scores. (8) Students who receive social-emotional support and prevention services achieve better academically in school. (9) While it is well recognized that mental health directly affects children’s learning and development, in a recent study one-third of school districts reported decreased funding for school mental health services at the same time that two-thirds reported increased need for such services. (10) Nearly 15 to 18 percent of children and adolescents have a chronic health condition, nearly half of whom could be considered disabled. School nursing provides access to high quality, cost-effective care to our Nation’s school children, including the most vulnerable. Improving access and overall health outcomes supports positive learning outcomes in our schools. (11) School counseling programs are essential for students to achieve optimal personal growth, acquire positive social skills and values, set appropriate career goals, and realize full academic potential to become productive, contributing members of the world community. (12) Seventy percent of children receiving services from speech-language pathologists make progress in emergent literacy skills, and 75 percent make progress in word recognition, an important component of literacy skills; over two-thirds of classroom teachers report that students receiving these services show improved reading skills in the classroom. (13) Use of creative arts therapies (including art therapy, dance/movement therapy, and music therapy) promote learning and skill acquisition (including enhanced literacy skills), increased attention, improved behavior, increased socialization, improved receptive/expressive language, self-expression, and a more positive attitude for learning. (14) Ninety-seven percent of children in the United States spend their days at school. Therefore, the school can be an important site where health and education risks (such as depression, absenteeism, and substance use) may be identified and timely interventions initiated. (15) Whole-school interventions using positive behavior support have been shown to decrease behavior problems while improving academic performance, as measured by standardized tests in reading and mathematics. (16) Branches of Federal agencies need to re-evaluate policies aimed at enhancing school-based mental health and become more proactive in providing leadership to achieve integrated, collaborative, and effective programs aimed at improving the mental health of America’s children. (17) Twenty percent of the 53 million children attending school in the United States will, at some point, meet the criteria for a diagnosable mental illness at a level of impairment that requires some type of intervention. Thus, there is the potential that over 10 million children will need some type of help to meet the goals relating to emotional well-being in the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.). (18) More than three-quarters of schools have a coordinator of mental health and social services in the school; nearly two-thirds of school districts have a coordinator who serves this role; and one-half of the States have a coordinator of school mental health and social services. However, there is currently no person responsible for overseeing or promoting these services and supports in the Department of Education. 3. Office of Specialized Instructional Support (a) In general The Department of Education Organization Act (20 U.S.C. 3401 et seq.) is amended by redesignating sections 219 and 220 as sections 220 and 221, respectively, and by inserting after section 218 the following new section: 219. Office of Specialized Instructional Support (a) Establishment There shall be, in the Department, an Office of Specialized Instructional Support (referred to in this section as the Office ). (b) Director (1) Appointment and reporting The Office shall be under the direction of the Director of Specialized Instructional Support who shall be appointed by the Secretary and who shall report directly to the Deputy Secretary. (2) Functions The Director of Specialized Instructional Support, through the Office, shall carry out the following activities: (A) Improve specialized instructional support services in schools in order to better address barriers to student learning and improve academic achievement and educational results for students. (B) Identify and disseminate scientifically based practices in specialized instructional support services that effectively address barriers to education and improve both academic achievement and educational results for students. (C) Provide continuous training and professional development opportunities for specialized instructional support personnel and other personnel in the use of effective techniques to address academic, behavioral, emotional, social, mental health, and functional needs. (D) Provide technical assistance to State specialized instructional support coordinators, if any, as well as to local and State educational agencies in the provision of effective, scientifically based specialized instructional support services. (E) Coordinate specialized instructional support services programs and services in schools between the Department and other Federal agencies, as appropriate. . (b) Clerical amendment The table of contents for such Act is amended by redesignating the items relating to sections 219 and 220 as relating to sections 220 and 221, respectively, and by inserting after the item relating to section 218 the following new item: Sec. 219. Office of Specialized Instructional Support. . 4. Grants to state educational agencies to reduce barriers to learning (a) In general Title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) is amended by redesignating part I as part J and by inserting after part H the following new part: I Reduced barriers to learning 1901. Purposes The purposes of this part are— (1) to build the capacity of States to identify and respond to the need for specialized instructional support services at the local educational agency level in order to promote student success for all students; (2) to promote comprehensive and coordinated delivery of services within and across Federal, State, and local educational agencies and in collaboration with available community agencies supports and services; (3) to promote evidenced-based practices that have demonstrated effectiveness in reducing barriers to learning and improving student outcomes; (4) to monitor the access, use, availability, and adequacy of resources, services, and personnel designed to specifically address barriers to learning at the district and individual school level; (5) to assist in the recruitment, retention, and adequate staffing of specialized instructional support personnel to meet the needs of students experiencing barriers to learning at the local educational agency and individual school level; and (6) to improve shared accountability for student outcomes by all school personnel. 1902. Grants to state educational agencies (a) Grants (1) In general The Secretary may award competitive grants under this part to State educational agencies— (A) to establish or expand specialized instructional support services and programs at the State level that are designed to provide technical assistance, and coordinate and support specialized instructional support services and programs, for the purpose of addressing barriers to learning within local educational agencies and individual schools; and (B) to hire and support specialized instructional support services coordinators to provide such assistance, coordination, and support. (2) Barriers to learning For purposes of this part, the term barriers to learning include any social, emotional, behavioral, physical, environmental, or academic factor that substantially interferes with a student’s ability to achieve academically and successfully complete secondary school. Such factors may include acute or transitional factors such as family conflict, homelessness, geographic relocation, grief and loss, emotional stress, mental or physical illness, or mild learning problems, and more chronic or severe factors commonly associated with a disability. (b) Priority In awarding grants under this section, the Secretary shall give priority to applications that demonstrate— (1) the greatest financial need based upon the percentage of students identified as requiring specialized instructional support services and programs in order to overcome barriers to learning and academic achievement; (2) the greatest need based upon the limited amount of resources, services, or personnel (within local educational agencies and individual schools) available to specifically address barriers to learning and academic achievement; and (3) the greatest potential for program sustainability following the completion of the grant’s duration. (c) Matching requirement To be eligible to receive a grant under this section, a State educational agency shall provide non-Federal matching funds equal to not less than 50 percent of the amount of the grant. (d) Duration Grants under this section shall be awarded for a period of not more than 5 years. (e) Administrative costs A State educational agency that receives a grant under this part may reserve not more than 15 percent of the grant funds for administrative expenses. (f) Supplement; not supplant Funds made available under this part shall be used to supplement, and not supplant, any other Federal, State, or local funds that would otherwise be available to carry out the activities assisted under this part. 1903. State applications (a) In general Each State educational agency seeking a grant under this part shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (b) Contents Each application for a grant under this section shall also describe— (1) the needs of the State in meeting the purposes of this part; (2) if a State intends to hire a specialized instructional support services coordinator, the qualifications of the specialized instructional support services coordinators demonstrating that personnel are knowledgeable and experienced in school systems, operations, and the specific role and function of specialized instructional support services; (3) the specific leadership activities to be performed by the coordinators in order to address such purposes; (4) the school population to be targeted for services by the specialized instructional support services; (5) the specific student outcomes expected as a result of delivering these services; (6) the adequacy of staffing as compared to student needs for specialized instructional support personnel, especially personnel representing diverse cultural populations; (7) the proposed strategies for recruiting and retaining specialized instructional support personnel, including professional development, mentoring, and hiring incentives; (8) the methods to be used to evaluate the outcomes and effectiveness of the program; and (9) how the State and local educational agencies will involve community groups, social service agencies, and other public and private entities in coordinated, collaborative efforts to reduce barriers to learning. 1904. Evaluation and reporting (a) In general The Secretary shall evaluate the programs assisted under this part. (b) Reporting Not later than 3 years after grants are awarded under this part to the State educational agencies, the Secretary shall make publicly available a report— (1) detailing the results of the Secretary’s evaluation of each program assisted pursuant to a grant under this part; (2) demonstrating how each State educational agency receiving a grant under this part reduced barriers to learning for students; and (3) demonstrating how each State educational agency receiving a grant under this part improved the coordination and collaboration of specialized instructional support services at the local and individual school level and with community groups, social services agencies, or other public or private service agencies working to reduce barriers to learning. 1905. Authorizations There are authorized to carry out this part such sums as may be necessary for fiscal year 2014 and each of the 5 succeeding fiscal years. . (b) References to public services and personnel (1) The Elementary and Secondary Education Act of 1965 is amended— (A) by striking pupil services each place it appears in sections 1114(b)(1)(B)(iii)(I)(aa), 1416(4), and 4152(2) and inserting specialized instructional support services , and (B) by striking pupil services personnel each place it appears and inserting specialized instructional support personnel . (2) Paragraph (36) of section 9101 of such Act ( 20 U.S.C. 7801 ) is amended to read as follows: (36) Specialized instructional support personnel; specialized instructional support services (A) Specialized instructional support personnel The term specialized instructional support personnel means school counselors, school social workers, school psychologists, school nurses, and other qualified professional personnel involved in providing assessment, diagnosis, counseling, educational, therapeutic, and other necessary services (including related services as that term is defined in section 602 of the Individuals with Disabilities Education Act) as part of a comprehensive program to meet student needs. (B) Specialized instructional support services The term specialized instructional support services means the services provided by specialized instructional support personnel. . (c) Clerical amendments (1) Sections 1901 through 1908 of part J of title I of the Elementary and Secondary Education Act of 1965 (as redesignated by subsection (a)) are redesignated as sections 1921 through 1928, respectively. (2) The table of contents for the Elementary and Secondary Education Act of 1965 is amended by striking the items relating to part I of title I and inserting the following new items: Part I—Reduced Barriers to Learning Sec. 1901. Purposes. Sec. 1902. Grants to State educational agencies. Sec. 1903. State applications. Sec. 1904. Evaluation and reporting. Sec. 1905. Authorizations. Part J—General Provisions Sec. 1921. Federal regulations. Sec. 1922. Agreements and records. Sec. 1923. State administration. Sec. 1924. Local educational agency spending audits. Sec. 1925. Prohibition against Federal mandates, direction, or control. Sec. 1926. Rule of construction on equalized spending. Sec. 1927. State report on dropout data. Sec. 1928. Regulations for sections 1111 and 1116. . (3) Section 1922 of such Act, as redesignated by paragraph (1), is amended by striking 1901 and inserting 1921 . (4) Paragraph (11) of section 1111(c) of such Act is amended by striking 1903(b) and inserting 1923(b) . | https://www.govinfo.gov/content/pkg/BILLS-113hr1940ih/xml/BILLS-113hr1940ih.xml |
113-hr-1941 | I 113th CONGRESS 1st Session H. R. 1941 IN THE HOUSE OF REPRESENTATIVES May 9, 2013 Mrs. Carolyn B. Maloney of New York (for herself, Ms. Moore , Mr. Levin , Mr. Rangel , Mr. Grijalva , Mr. Cicilline , Ms. Lee of California , and Mr. Conyers ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Fair Labor Standards Act of 1938 regarding reasonable break time for nursing mothers.
1. Short title This Act may be cited as the Supporting Working Moms Act of 2013 . 2. Reasonable break time for nursing mothers Section 13(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 213(a) ) is amended by striking sections 6 (except section 6(d) in the case of paragraph (1) of this subsection) and 7 and inserting sections 6 and 7 (except sections 6(d) and 7(r) in the case of paragraph (1) of this subsection) . | https://www.govinfo.gov/content/pkg/BILLS-113hr1941ih/xml/BILLS-113hr1941ih.xml |
113-hr-1942 | I 113th CONGRESS 1st Session H. R. 1942 IN THE HOUSE OF REPRESENTATIVES May 9, 2013 Mrs. Carolyn B. Maloney of New York introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To assure quality and best value with respect to Federal construction projects by prohibiting the practice known as bid shopping.
1. Short title This Act may be cited as the Construction Quality Assurance Act of 2013 . 2. Findings Congress finds the following: (1) Federal construction project sealed bid contractor selection procedure is a valuable project acquisition method that should be preserved and strengthened for projects of appropriate scope. (2) Federal procurement data trends indicate that agencies increasingly are relying on other negotiated contractor selection procedures, rather than price-only selection procedures. (3) Requirements for Federal agencies to use major subcontractor bid listing on price-only prime contractor selection procedures would restore the balance in use of low-bid and competitive negotiations, which has proven results in other public procurement systems. (4) Bid shopping occurs when the successful prime contract low bidder, after project award, uses the successful subcontract low bids as the beginning point for a post-award auction to the same or other subcontractors to agree to perform the subcontract work at an even lower price, with the savings accruing only to the benefit of the low-bid prime contractor, not the agency program, the project, or the taxpayer. (5) Bid peddling occurs when other subcontractors approach the successful prime contractor bidder after award of the prime contract and offer to perform the subcontract work at a lower price than submitted by the subcontractor whose sub-bid price was relied on by the successful prime contractor, again with the ostensible savings accruing to the prime contract low bidder only, not the agency program, the project, or the taxpayers. (6) Listing of major subcontract bids in the prime contractor’s sealed bid by agencies will effectively stem the detrimental and inequitable practices of bid shopping and bid peddling on direct Federal construction contracts that are detrimental to the taxpayers’ interest in Government procurement transparency, sound public contract administration, and successful construction project completion. (7) Agencies will receive better project performance, by restoring integrity to the low-bid selection system for both prime contractors and major subcontractors, as abusive selection procedures often lead to greater project disputes, claims, changes, product and material substitutions, and in some cases even contractor defaults—again, all to the detriment of the agency program, the project, and the taxpayers generally. (8) Restoring equitable safeguards in the low-bid system will assure that agency practice will conform to the highest standards adhered to by industry professionals and contractor associations, and will reflect best practices followed by a great many other public procurement systems nationally and internationally. 3. Definitions In this Act: (1) Contract The term contract means any contract with the Federal Government, exceeding $1,000,000 in amount, for the construction, alteration, or repair of any public building or public work of the United States. (2) Contractor The term contractor means an individual or entity that has been awarded or is seeking to be awarded a construction contract by the Federal Government. (3) Subcontractor The term subcontractor means an individual or entity that subcontracts with a contractor in an amount in excess of $100,000 for work on a contract. 4. Requirements regarding subcontractors for Federal contractors on construction projects (a) Requirement To List Subcontractors (1) In general Each solicitation by an executive agency for the procurement of construction in an amount in excess of $1,000,000 shall require each bidder to submit as part of its bid the name, location of the place of business, and nature of the work of each subcontractor with whom the bidder, if awarded the contract, will subcontract for work in an amount in excess of $100,000 on the contract. (2) Requirements for specific categories (A) Except as provided in subparagraphs (B) and (C), the bidder shall list only one subcontractor for each category of work as defined by the bidder in its bid or proposal. (B) A bidder may list multiple subcontractors for a category of work if each such subcontractor is listed to perform a discrete portion of the work within a category. (C) A bidder may list itself for any portion of work under the contract, which shall be deemed a representation by the bidder that it is fully qualified to perform that portion of the work itself and that the bidder will perform that portion itself. (3) Result of failure to list subcontractors An executive agency shall consider any bidder that fails to list subcontractors in accordance with this Act and the regulations promulgated pursuant to section 7 of this Act to be non-responsive and bids by such bidders shall not be considered. (b) Procedures for Substitution of a Listed Subcontractor (1) Consent and good cause required No contractor shall substitute a subcontractor in place of the subcontractor listed in the original bid or proposal, except with the consent of the contracting officer for good cause. (2) Examples of good cause Good cause under paragraph (1) shall include the following: (A) Failure of the subcontractor to execute a written contract after a reasonable period if such written contract, based upon the terms, conditions, plans, and specifications of the contract and the terms of the subcontractor’s bid or proposal, is presented to the subcontractor by the contractor. (B) Bankruptcy of the subcontractor. (C) The death or physical disability of the subcontractor, if the subcontractor is an individual. (D) Dissolution of the subcontractor, if the subcontractor is a corporation or partnership. (E) Failure of a subcontractor to meet the surety bond requirements specified by the bidder as a condition of the subcontractor to perform on the contract, if awarded to the bidder. (F) The subcontractor is ineligible to perform on the subcontract because the subcontractor is suspended, debarred, or otherwise ineligible to perform. (G) A series of failures by the subcontractor to perform in accordance with the specification, terms, and conditions of its subcontract resulting in the withholding of amounts requested by the subcontractor in accordance with section 3905 of title 31, United States Code, and the regulations implementing such section. (H) Failure of the subcontractor to comply with a requirement of law applicable to the subcontractor. (I) Failure or refusal of the subcontractor to perform the subcontract. (3) Requests for substitution A request of a contractor for a substitution of a listed subcontractor shall be submitted in writing to the contracting officer and shall include the reasons for the request. The contractor shall provide a copy of its request for substitution to the listed subcontractor by any means that provides written third-party verification of delivery to the last known address of the subcontractor. A subcontractor who has been so notified shall have five working days within which to submit written objections to the substitution to the contracting officer. Failure to file such written objections shall constitute the consent of the listed subcontractor to the substitution. (c) Limitation on Assignment, Transfer, or Substitution (1) Limitation on assignment or transfer No contractor shall permit any subcontract to be voluntarily assigned or transferred or to be performed by any entity other than the subcontractor listed in the bid or proposal without the consent of the contracting officer. Consent of the contracting officer to a contractor for a substitution shall— (A) be promptly made in writing; and (B) be included in the contract file. (2) Limitation on substitution No contractor that listed itself for a portion of the work under the contract shall subcontract any portion of the work for which it listed itself, unless authorized by the contracting officer to substitute one or more subcontractors to perform such work. 5. Penalties (a) In general (1) A contractor shall be subject to penalties if, without obtaining the approval of the contracting officer, the contractor— (A) replaces a listed subcontractor for a contract with an executive agency; or (B) awards a subcontract to a subcontractor to perform work which the contractor had identified as work to be performed directly by the contractor. (2) A subcontractor shall also be subject to penalties if the subcontractor is determined to have knowingly participated in the failure of the contractor to comply with the regulatory provisions relating to the substitution of a listed subcontractor. (b) Amount of penalties To be imposed The amount of penalties imposed under this section shall be equal to the greater of— (1) 10 percent of the amount of the bid by the listed subcontractor; (2) the difference between the amount of the bid by the listed subcontractor and the amount of the bid by the substituted subcontractor; or (3) the difference between the amount of the bid by a substituted subcontractor and the dollar value specified by the contractor for the work which the contractor had listed for its own performance. (c) Source of funds for penalties Penalties assessed pursuant to this section shall be deducted from the remaining unpaid contract balance and deposited into the fund from which the contract was awarded. 6. Grounds for suspension or debarment The imposition of penalties on a contractor or subcontractor for failure to comply with the procedures for the substitution of subcontractors on 2 contracts within a 3-year period shall be deemed to be adequate evidence of the commission of an offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of a Government contractor within the meaning of part 9.4 of the Federal Acquisition Regulation (Debarment, Suspension, and Eligibility) (48 CFR 9.4). 7. Implementation through the Federal Acquisition Regulation (a) Proposed Revisions Proposed revisions to the Government-wide Federal Acquisition Regulation to implement the provisions in this Act shall be published not later than 120 days after the date of the enactment of this Act and provide not less than 60 days for public comment. (b) Final Regulations Final regulations shall be published not less than 180 days after the date of the enactment of this Act and shall be effective on the date that is 30 days after the date of publication. | https://www.govinfo.gov/content/pkg/BILLS-113hr1942ih/xml/BILLS-113hr1942ih.xml |
113-hr-1943 | I 113th CONGRESS 1st Session H. R. 1943 IN THE HOUSE OF REPRESENTATIVES May 9, 2013 Mr. Peters of California (for himself and Mr. Huffman ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To establish a task force to review policies and measures to promote, and to develop best practices for, reduction of short-lived climate pollutants, and for other purposes.
1. Short title This Act may be cited as the Super Pollutant Emissions Reduction Act of 2013 or the SUPER Act of 2013 . 2. Findings and purpose (a) Findings Congress makes the following findings: (1) Carbon dioxide is estimated to account for 55 to 60 percent of anthropogenic radiative forcing (or manmade global warming), while the remainder is driven by non-carbon dioxide climate pollutants, primarily short-lived climate pollutants. These short-lived climate pollutants, or super pollutants , have shorter atmospheric lifespans than carbon dioxide but cause much more warming per molecule, and in many cases the emissions are growing much faster than carbon dioxide. (2) Several of the short-lived climate pollutants are also potent air pollutants that harm human health and reduce crop yields. Reducing these pollutants can save thousands of lives every year in the United States and millions globally, while also increasing agricultural production. (3) International efforts to address short-lived climate pollutants are underway, including the Climate and Clean Air Coalition to Reduce Short-Lived Climate Pollutants, led by the Department of State and the United Nations Environment Programme, the Global Methane Initiative, and the negotiation of amendments to the Montreal Protocol on Substances that Deplete the Ozone Layer. (4) Many of the technologies to reduce short-lived climate pollutants already exist, but adoption of such technologies has been slow. (5) The Federal Government has a number of programs and initiatives some of which aim to, or the outcomes of which, reduce emissions of short-lived climate pollutants, but these programs are scattered across multiple agencies and there is insufficient coordination to maximize reductions of these pollutants. In February 2012, the Government Accountability Office published an annual report, Opportunities to Reduce Duplication, Overlap and Fragmentation, Achieve Savings, and Enhance Revenue , which examined the efficiency and efficacy of government programs, including those that address diesel emissions that contain black carbon, a short-lived climate pollutant. (6) Executive Order 13514 requires Federal agencies to develop plans for reducing hydrofluorocarbons and methane, but few agencies have focused on these compounds in their annual Strategic Sustainability Performance Plans. (7) Because of their short atmospheric lifetimes, reducing global emissions of short-lived climate pollutants can quickly cut the rate of global temperature rise in half, by 2050, and help stabilize global temperatures below 2 °C above pre-industrial temperatures by 2100, when combined with reductions of global emissions of carbon dioxide. Cutting short-lived climate pollutants along with carbon dioxide can also reduce the rate of projected global sea-level rise by half and total sea-level rise by a third. Steps to reduce short-lived climate pollutants are likely to have air quality and public health benefits as well. (b) Purpose The purpose of this Act is to— (1) coordinate and optimize the Federal Government’s existing efforts to address short-lived climate pollutants; (2) reduce overlap and duplication of such efforts; and (3) encourage Federal operations, programs, policies, and initiatives to reduce short-lived climate pollutants by— (A) ensuring that the coordinated Federal programs are effective and forward-looking in their efforts to control short-lived climate pollutants; (B) ensuring coordination of such Federal operations, programs, policies, and initiatives with State, local, regional, tribal, and industry efforts; and (C) supporting such State, local, regional, tribal, and industry efforts. 3. Task force on super pollutants (a) Establishment Not later than 90 days after the date of the enactment of this Act, the President shall establish the Task Force on Super Pollutants (referred to in this section as the Task Force ). (b) Duties The Task Force shall— (1) review existing and potential policies and measures that promote reduction of short-lived climate pollutants, in part by identifying and evaluating programs and activities of the Federal government that contribute, or could contribute, to such reduction; (2) identify and recommend specific existing Federal programs and activities evaluated under paragraph (1) that are unnecessarily duplicative and can be consolidated to achieve greater efficiency and effectiveness; (3) identify gaps where programs do not exist, and recommend focused programs and activities to fill these gaps to achieve reductions of short-lived climate pollutants, with an emphasis on industry standards and public-private partnerships where possible; (4) identify, compile, evaluate, and develop best practices for reductions of short-lived climate pollutants, including by— (A) identifying and evaluating both domestic and international best practices and standards practiced and set by governments, industry in each sector listed in subsection (c)(5), standards bodies, and other relevant institutions; and (B) identifying and evaluating cost-effective mitigation projects, strategies, and policies at the State, local, and tribal level, with the greatest potential for reduction of short-lived climate pollutants; and (5) not later than 18 months after the date of enactment of this Act, submit to Congress a report on the findings and recommendations developed under paragraphs (1) through (4). (c) Members The task force established under subsection (a) shall include representatives of— (1) all relevant Federal agencies, including— (A) the Secretary of Energy; (B) the Administrator of the Environmental Protection Agency; (C) the Secretary of the Interior; (D) the Secretary of Transportation; (E) the Secretary of Agriculture; (F) the Secretary of State; (G) the Secretary of Commerce; and (H) the Secretary of Health and Human Services; (2) relevant offices and councils within the Executive Office of the President, including— (A) the Office of Management and Budget; (B) the Office of Science and Technology Policy; and (C) the Council on Environmental Quality; (3) State, local, and tribal governments or associations; (4) academic and non-governmental organizations with expertise in short-lived climate pollutants; and (5) relevant industry organizations, representing at least the following sectors: (A) Energy supply and transmission, including fossil fuels. (B) Solid waste. (C) Transportation. (D) Chemical manufacturing and user industries. (E) Agriculture. (F) Wastewater. (G) Buildings. (H) Other sectors as determined appropriate by the President. (d) Definition In this Act, the term short-lived climate pollutant means any of the following: (1) Black carbon. (2) Methane. (3) Hydrofluorocarbons. (4) Tropospheric ozone and its precursors. (5) Emissions from banks of ozone-depleting substances. | https://www.govinfo.gov/content/pkg/BILLS-113hr1943ih/xml/BILLS-113hr1943ih.xml |
113-hr-1944 | I 113th CONGRESS 1st Session H. R. 1944 IN THE HOUSE OF REPRESENTATIVES May 9, 2013 Mr. Sensenbrenner introduced the following bill; which was referred to the Committee on the Judiciary A BILL To protect private property rights.
1. Short title This Act may be cited as the Private Property Rights Protection Act of 2013 . 2. Prohibition on eminent domain abuse by States (a) In General No State or political subdivision of a State shall exercise its power of eminent domain, or allow the exercise of such power by any person or entity to which such power has been delegated, over property to be used for economic development or over property that is used for economic development within 7 years after that exercise, if that State or political subdivision receives Federal economic development funds during any fiscal year in which the property is so used or intended to be used. (b) Ineligibility for Federal Funds A violation of subsection (a) by a State or political subdivision shall render such State or political subdivision ineligible for any Federal economic development funds for a period of 2 fiscal years following a final judgment on the merits by a court of competent jurisdiction that such subsection has been violated, and any Federal agency charged with distributing those funds shall withhold them for such 2-year period, and any such funds distributed to such State or political subdivision shall be returned or reimbursed by such State or political subdivision to the appropriate Federal agency or authority of the Federal Government, or component thereof. (c) Opportunity To Cure Violation A State or political subdivision shall not be ineligible for any Federal economic development funds under subsection (b) if such State or political subdivision returns all real property the taking of which was found by a court of competent jurisdiction to have constituted a violation of subsection (a) and replaces any other property destroyed and repairs any other property damaged as a result of such violation. In addition, the State or political subdivision must pay any applicable penalties and interest to reattain eligibility. 3. Prohibition on eminent domain abuse by the Federal Government The Federal Government or any authority of the Federal Government shall not exercise its power of eminent domain to be used for economic development. 4. Private right of action (a) Cause of Action Any (1) owner of private property whose property is subject to eminent domain who suffers injury as a result of a violation of any provision of this Act with respect to that property, or (2) any tenant of property that is subject to eminent domain who suffers injury as a result of a violation of any provision of this Act with respect to that property, may bring an action to enforce any provision of this Act in the appropriate Federal or State court. A State shall not be immune under the 11th Amendment to the Constitution of the United States from any such action in a Federal or State court of competent jurisdiction. In such action, the defendant has the burden to show by clear and convincing evidence that the taking is not for economic development. Any such property owner or tenant may also seek an appropriate relief through a preliminary injunction or a temporary restraining order. (b) Limitation on Bringing Action An action brought by a property owner or tenant under this Act may be brought if the property is used for economic development following the conclusion of any condemnation proceedings condemning the property of such property owner or tenant, but shall not be brought later than seven years following the conclusion of any such proceedings. (c) Attorneys’ Fee and Other Costs In any action or proceeding under this Act, the court shall allow a prevailing plaintiff a reasonable attorneys’ fee as part of the costs, and include expert fees as part of the attorneys’ fee. 5. Reporting of violations to Attorney General (a) Submission of report to attorney general Any (1) owner of private property whose property is subject to eminent domain who suffers injury as a result of a violation of any provision of this Act with respect to that property, or (2) any tenant of property that is subject to eminent domain who suffers injury as a result of a violation of any provision of this Act with respect to that property, may report a violation by the Federal Government, any authority of the Federal Government, State, or political subdivision of a State to the Attorney General. (b) Investigation by attorney general Upon receiving a report of an alleged violation, the Attorney General shall conduct an investigation to determine whether a violation exists. (c) Notification of violation If the Attorney General concludes that a violation does exist, then the Attorney General shall notify the Federal Government, authority of the Federal Government, State, or political subdivision of a State that the Attorney General has determined that it is in violation of the Act. The notification shall further provide that the Federal Government, State, or political subdivision of a State has 90 days from the date of the notification to demonstrate to the Attorney General either that (1) it is not in violation of the Act or (2) that it has cured its violation by returning all real property the taking of which the Attorney General finds to have constituted a violation of the Act and replacing any other property destroyed and repairing any other property damaged as a result of such violation. (d) Attorney general’s bringing of action To enforce act If, at the end of the 90-day period described in subsection (c), the Attorney General determines that the Federal Government, authority of the Federal Government, State, or political subdivision of a State is still violating the Act or has not cured its violation as described in subsection (c), then the Attorney General will bring an action to enforce the Act unless the property owner or tenant who reported the violation has already brought an action to enforce the Act. In such a case, the Attorney General shall intervene if it determines that intervention is necessary in order to enforce the Act. The Attorney General may file its lawsuit to enforce the Act in the appropriate Federal or State court. A State shall not be immune under the 11th Amendment to the Constitution of the United States from any such action in a Federal or State court of competent jurisdiction. In such action, the defendant has the burden to show by clear and convincing evidence that the taking is not for economic development. The Attorney General may seek any appropriate relief through a preliminary injunction or a temporary restraining order. (e) Limitation on bringing action An action brought by the Attorney General under this Act may be brought if the property is used for economic development following the conclusion of any condemnation proceedings condemning the property of an owner or tenant who reports a violation of the Act to the Attorney General, but shall not be brought later than seven years following the conclusion of any such proceedings. (f) Attorneys’ fee and other costs In any action or proceeding under this Act brought by the Attorney General, the court shall, if the Attorney General is a prevailing plaintiff, award the Attorney General a reasonable attorneys’ fee as part of the costs, and include expert fees as part of the attorneys’ fee. 6. Notification by Attorney General (a) Notification to States and Political Subdivisions (1) Not later than 30 days after the enactment of this Act, the Attorney General shall provide to the chief executive officer of each State the text of this Act and a description of the rights of property owners and tenants under this Act. (2) Not later than 120 days after the enactment of this Act, the Attorney General shall compile a list of the Federal laws under which Federal economic development funds are distributed. The Attorney General shall compile annual revisions of such list as necessary. Such list and any successive revisions of such list shall be communicated by the Attorney General to the chief executive officer of each State and also made available on the Internet website maintained by the United States Department of Justice for use by the public and by the authorities in each State and political subdivisions of each State empowered to take private property and convert it to public use subject to just compensation for the taking. (b) Notification to Property Owners and tenants Not later than 30 days after the enactment of this Act, the Attorney General shall publish in the Federal Register and make available on the Internet website maintained by the United States Department of Justice a notice containing the text of this Act and a description of the rights of property owners and tenants under this Act. 7. Reports (a) By Attorney General Not later than 1 year after the date of enactment of this Act, and every subsequent year thereafter, the Attorney General shall transmit a report identifying States or political subdivisions that have used eminent domain in violation of this Act to the Chairman and Ranking Member of the Committee on the Judiciary of the House of Representatives and to the Chairman and Ranking Member of the Committee on the Judiciary of the Senate. The report shall— (1) identify all private rights of action brought as a result of a State’s or political subdivision’s violation of this Act; (2) identify all violations reported by property owners and tenants under section 5(c) of this Act; (3) identify the percentage of minority residents compared to the surrounding nonminority residents and the median incomes of those impacted by a violation of this Act; (4) identify all lawsuits brought by the Attorney General under section 5(d) of this Act; (5) identify all States or political subdivisions that have lost Federal economic development funds as a result of a violation of this Act, as well as describe the type and amount of Federal economic development funds lost in each State or political subdivision and the Agency that is responsible for withholding such funds; and (6) discuss all instances in which a State or political subdivision has cured a violation as described in section 2(c) of this Act. (b) Duty of States Each State and local authority that is subject to a private right of action under this Act shall have the duty to report to the Attorney General such information with respect to such State and local authorities as the Attorney General needs to make the report required under subsection (a). 8. Sense of Congress regarding rural America (a) Findings The Congress finds the following: (1) The founders realized the fundamental importance of property rights when they codified the Takings Clause of the Fifth Amendment to the Constitution, which requires that private property shall not be taken for public use, without just compensation . (2) Rural lands are unique in that they are not traditionally considered high tax revenue-generating properties for State and local governments. In addition, farmland and forest land owners need to have long-term certainty regarding their property rights in order to make the investment decisions to commit land to these uses. (3) Ownership rights in rural land are fundamental building blocks for our Nation’s agriculture industry, which continues to be one of the most important economic sectors of our economy. (4) In the wake of the Supreme Court’s decision in Kelo v. City of New London, abuse of eminent domain is a threat to the property rights of all private property owners, including rural land owners. (b) Sense of Congress It is the sense of Congress that the use of eminent domain for the purpose of economic development is a threat to agricultural and other property in rural America and that the Congress should protect the property rights of Americans, including those who reside in rural areas. Property rights are central to liberty in this country and to our economy. The use of eminent domain to take farmland and other rural property for economic development threatens liberty, rural economies, and the economy of the United States. The taking of farmland and rural property will have a direct impact on existing irrigation and reclamation projects. Furthermore, the use of eminent domain to take rural private property for private commercial uses will force increasing numbers of activities from private property onto this Nation’s public lands, including its National forests, National parks and wildlife refuges. This increase can overburden the infrastructure of these lands, reducing the enjoyment of such lands for all citizens. Americans should not have to fear the government’s taking their homes, farms, or businesses to give to other persons. Governments should not abuse the power of eminent domain to force rural property owners from their land in order to develop rural land into industrial and commercial property. Congress has a duty to protect the property rights of rural Americans in the face of eminent domain abuse. 9. Sense of Congress It is the policy of the United States to encourage, support, and promote the private ownership of property and to ensure that the constitutional and other legal rights of private property owners are protected by the Federal Government. 10. Religious and nonprofit organizations (a) Prohibition on States No State or political subdivision of a State shall exercise its power of eminent domain, or allow the exercise of such power by any person or entity to which such power has been delegated, over property of a religious or other nonprofit organization by reason of the nonprofit or tax-exempt status of such organization, or any quality related thereto if that State or political subdivision receives Federal economic development funds during any fiscal year in which it does so. (b) Ineligibility for Federal Funds A violation of subsection (a) by a State or political subdivision shall render such State or political subdivision ineligible for any Federal economic development funds for a period of 2 fiscal years following a final judgment on the merits by a court of competent jurisdiction that such subsection has been violated, and any Federal agency charged with distributing those funds shall withhold them for such 2-year period, and any such funds distributed to such State or political subdivision shall be returned or reimbursed by such State or political subdivision to the appropriate Federal agency or authority of the Federal Government, or component thereof. (c) Prohibition on Federal Government The Federal Government or any authority of the Federal Government shall not exercise its power of eminent domain over property of a religious or other nonprofit organization by reason of the nonprofit or tax-exempt status of such organization, or any quality related thereto. 11. Report by Federal agencies on regulations and procedures relating to eminent domain Not later than 180 days after the date of the enactment of this Act, the head of each Executive department and agency shall review all rules, regulations, and procedures and report to the Attorney General on the activities of that department or agency to bring its rules, regulations and procedures into compliance with this Act. 12. Sense of Congress It is the sense of Congress that any and all precautions shall be taken by the government to avoid the unfair or unreasonable taking of property away from survivors of Hurricane Katrina who own, were bequeathed, or assigned such property, for economic development purposes or for the private use of others. 13. Disproportionate impact If the court determines that a violation of this Act has occurred, and that the violation has a disproportionately high impact on the poor or minorities, the Attorney General shall use reasonable efforts to locate former owners and tenants and inform them of the violation and any remedies they may have. 14. Definitions In this Act the following definitions apply: (1) Economic development The term economic development means taking private property, without the consent of the owner, and conveying or leasing such property from one private person or entity to another private person or entity for commercial enterprise carried on for profit, or to increase tax revenue, tax base, employment, or general economic health, except that such term shall not include— (A) conveying private property— (i) to public ownership, such as for a road, hospital, airport, or military base; (ii) to an entity, such as a common carrier, that makes the property available to the general public as of right, such as a railroad or public facility; (iii) for use as a road or other right of way or means, open to the public for transportation, whether free or by toll; and (iv) for use as an aqueduct, flood control facility, pipeline, or similar use; (B) removing harmful uses of land provided such uses constitute an immediate threat to public health and safety; (C) leasing property to a private person or entity that occupies an incidental part of public property or a public facility, such as a retail establishment on the ground floor of a public building; (D) acquiring abandoned property; (E) clearing defective chains of title; (F) taking private property for use by a utility providing electric, natural gas, telecommunication, water, wastewater, or other utility services either directly to the public or indirectly through provision of such services at the wholesale level for resale to the public; and (G) redeveloping of a brownfield site as defined in the Small Business Liability Relief and Brownfields Revitalization Act ( 42 U.S.C. 9601(39) ). (2) Federal economic development funds The term Federal economic development funds means any Federal funds distributed to or through States or political subdivisions of States under Federal laws designed to improve or increase the size of the economies of States or political subdivisions of States. (3) State The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States. 15. Limitation on statutory construction Nothing in this Act may be construed to supersede, limit, or otherwise affect any provision of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ( 42 U.S.C. 4601 et seq. ). 16. Broad construction This Act shall be construed in favor of a broad protection of private property rights, to the maximum extent permitted by the terms of this Act and the Constitution. 17. Severability and effective date (a) Severability The provisions of this Act are severable. If any provision of this Act, or any application thereof, is found unconstitutional, that finding shall not affect any provision or application of the Act not so adjudicated. (b) Effective Date This Act shall take effect upon the first day of the first fiscal year that begins after the date of the enactment of this Act, but shall not apply to any project for which condemnation proceedings have been initiated prior to the date of enactment. | https://www.govinfo.gov/content/pkg/BILLS-113hr1944ih/xml/BILLS-113hr1944ih.xml |
113-hr-1945 | I 113th CONGRESS 1st Session H. R. 1945 IN THE HOUSE OF REPRESENTATIVES May 9, 2013 Mr. Thompson of Mississippi (for himself and Ms. Jackson Lee ) introduced the following bill; which was referred to the Committee on Financial Services , and in addition to the Committee on Homeland Security , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To extend the Terrorism Risk Insurance Program of the Department of the Treasury for 10 years, and for other purposes.
1. Short title This Act may be cited as the Fostering Resilience to Terrorism Act of 2013 . 2. Certification of acts of terrorism Section 102(1) of the Terrorism Risk Insurance Act of 2002 ( 15 U.S.C. 6701 note) is amended— (1) in subparagraph (A), in the matter preceding clause (i), by striking Secretary, in concurrence with and inserting the following: Secretary of Homeland Security, in concurrence with the Secretary of the Treasury, ; (2) in subparagraph (B), in the matter preceding clause (i), by striking Secretary and inserting Secretary of Homeland Security ; and (3) in subparagraph (D), by striking Secretary and inserting Secretary of Homeland Security . 3. 10-year extension of Terrorism Risk Insurance Program (a) Program years Subparagraph (G) of section 102(11) of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended by striking 2014 and inserting 2024 . (b) Timing of mandatory recoupment Subclause (III) of section 103(e)(7)(E)(i) of the Terrorism Risk Insurance Act of 2002 ( 15 U.S.C. 6701 note) is amended by striking 2017 and inserting 2024 . (c) Termination date Subsection (a) of section 108 of the Terrorism Risk Insurance Act of 2002 ( 15 U.S.C. 6701 note) is amended by striking 2014 and inserting 2024 . (d) Ongoing reports regarding market conditions for terrorism risk insurance Paragraph (2) of section 108(e) of the Terrorism Risk Insurance Act of 2002 ( 15 U.S.C. 6701 note) is amended by striking and 2013 and inserting 2013, 2017, 2020, and 2023 . 4. Homeland security enhancements (a) Provision of information to insureds Section 103 of the Terrorism Risk Insurance Act of 2002 ( 15 U.S.C. 6701 note) is amended by adding at the end the following new subsection: (j) Provision of homeland security information and best practices to insureds The Secretary of Homeland Security shall provide to insureds under the Program, through the Secretary of the Treasury— (1) timely homeland security information, including terrorism risk information, at the appropriate classification level; and (2) information on best practices to foster resilience to an act of terrorism. . (b) Research on program participation and best practices The Secretary of Homeland Security shall conduct research to determine the extent to which insureds participating in the Terrorism Risk Insurance Program under title I of the Terrorism Risk Insurance Act of 2002 ( 15 U.S.C. 6701 note)—in particular, insureds in critical infrastructure sectors as identified by such Secretary—incorporate information provided under section 103(j)(2) of such Act into business operations. Not later than the expiration of the 12-month period that begins upon the Secretary of Homeland Security commencing the provision of information pursuant to such section 103(j)(2), such Secretary shall submit a report regarding the findings of the research conducted under this subsection to the Committees on Homeland Security and Financial Services of the House of Representatives and the Committees on Homeland Security and Governmental Affairs and Banking, Housing, and Urban Affairs of the Senate. | https://www.govinfo.gov/content/pkg/BILLS-113hr1945ih/xml/BILLS-113hr1945ih.xml |
113-hr-1946 | I 113th CONGRESS 1st Session H. R. 1946 IN THE HOUSE OF REPRESENTATIVES May 9, 2013 Mr. Tierney (for himself, Mr. Courtney , and Mr. George Miller of California ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Federal Direct Loan Program under the Higher Education Act of 1965 to provide for student loan affordability, and for other purposes.
1. Short title This Act may be cited as the Responsible Student Loan Solutions Act . 2. Student Loan Affordability (a) Terms and conditions of federal direct loans Section 455 of the Higher Education Act of 1965 ( 20 U.S.C. 1087e ) is amended— (1) in subsection (a), by adding at the end the following: (4) Federal Direct Stafford Loan limits for new loans on or after July 1, 2013 (A) Aggregate loan limits Notwithstanding any other provision of this Act, with respect to Federal Direct Stafford Loans for which the first disbursement is made on or after July 1, 2013, the aggregate unpaid principal amount for all such loans made on or after such date (and including Federal Direct Stafford Loans first disbursed before such date) to any student shall not at any time exceed— (i) $31,000, in the case of any dependent student (except an undergraduate dependent student whose parents are unable to borrow under the Federal Direct PLUS Loan Program) who has not successfully completed a program of undergraduate education; or (ii) $57,500, in the case of any independent student, or an undergraduate dependent student whose parents are unable to borrow under the Federal Direct PLUS Loan Program, who has not successfully completed a program of undergraduate education. (B) Annual loan limits Notwithstanding any other provision of this Act, with respect to Federal Direct Stafford Loans for which the first disbursement is made on or after July 1, 2013, the maximum annual amount for all such loans made on or after such date a student who has not successfully completed a program of undergraduate education may borrow in any academic year shall not at any time exceed— (i) in the case of a dependent student (except an undergraduate dependent student whose parents are unable to borrow under the Federal Direct PLUS Loan Program)— (I) who has not successfully completed the first year of a program of undergraduate education, $5,500; (II) who has successfully completed such first year but has not successfully completed the remainder of a program of undergraduate education, $6,500; and (III) who has successfully completed the first and second years of a program of undergraduate education but has not successfully completed the remainder of such program, $7,500; and (ii) in the case of an independent student, or an undergraduate dependent student whose parents are unable to borrow under the Federal Direct PLUS Loan Program— (I) who has not successfully completed the first year of a program of undergraduate education, $9,500; (II) who has successfully completed such first year but has not successfully completed the remainder of a program of undergraduate education, $10,500; and (III) who has successfully completed the first and second years of a program of undergraduate education but has not successfully completed the remainder of such program, $12,500. ; (2) in subsection (b)— (A) in paragraph (7)— (i) in the paragraph heading, by inserting , and before July 1, 2013 after 2006 ; (ii) in subparagraph (A), by inserting and before July 1, 2013, after 2006, ; (iii) in subparagraph (B), by inserting and before July 1, 2013, after 2006, ; and (iv) in subparagraph (C), by inserting and before July 1, 2013, after 2006, ; (B) by redesignating paragraphs (8) and (9) as paragraphs (9) and (10), respectively; and (C) by inserting after paragraph (7) the following: (8) Interest rates for new loans on or after July 1, 2013 (A) Rates for FDSL and FDUSL Notwithstanding the preceding paragraphs of this subsection, for— (i) Federal Direct Stafford Loans for which the first disbursement is made on or after July 1, 2013, 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— (I) the bond equivalent rate of 91-day Treasury bills auctioned at the final auction held prior to such June 1; plus (II) a percentage determined under subparagraph (D), except that such rate shall not exceed 6.8 percent; and (ii) Federal Direct Unsubsidized Stafford Loans for which the first disbursement is made on or after July 1, 2013, 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— (I) the bond equivalent rate of 91-day Treasury bills auctioned at the final auction held prior to such June 1; plus (II) a percentage determined under subparagraph (D), except that such rate shall not exceed 8.25 percent. (B) Rates for PLUS Loans Notwithstanding the preceding paragraphs of this subsection, for Federal Direct PLUS Loans for which the first disbursement is made on or after July 1, 2013, 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— (i) the bond equivalent rate of 91-day Treasury bills auctioned at the final auction held prior to such June 1; plus (ii) a percentage determined under subparagraph (D), except that such rate shall not exceed 8.25 percent. (C) Consolidation loans Notwithstanding the preceding paragraphs of this subsection, for Federal Direct Consolidation Loans for which the first disbursement is made on or after July 1, 2013, 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— (i) the bond equivalent rate of 91-day Treasury bills auctioned at the final auction held prior to such June 1; plus (ii) a percentage determined under subparagraph (D), except that such rate shall not exceed 8.25 percent. (D) Percentage determination Except as provided in the flush text under clauses (i) and (ii) of subparagraph (A), subparagraph (B), and subparagraph (C), during each 12-month period beginning on July 1 and ending on June 30, beginning on July 1, 2013, the Secretary shall determine a percentage for application under clauses (i)(II) and (ii)(II) of subparagraph (A), subparagraph (B)(ii), and subparagraph (C)(ii). In carrying out this subparagraph, the Secretary may determine different percentages for application under each such clause or subparagraph, as long as such percentages in the aggregate— (i) represent the total cost of administering the Federal Direct Loan program and borrower benefits; and (ii) result in such program being revenue neutral for such 12-month period. ; and (3) in subsection (c), by adding at the end the following: (3) Reduction of fee for Federal Direct PLUS Loans Notwithstanding paragraph (1), for any Federal Direct PLUS Loan for which the first disbursement is made on or after July 1, 2013, the Secretary shall charge the borrower of the Loan an origination fee of not more than 3 percent of the principal amount of the loan. . (b) Refinancing Part D of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087a et seq. ) is amended by adding at the end the following: 460A. Refinancing (a) Refinancing for PLUS loans (1) Reissuing Federal Direct PLUS loans The Secretary may reissue a Federal Direct PLUS Loan for which the first disbursement was made before July 1, 2013, that is not in default in order to permit the borrower to obtain the interest rate provided under section 455(b)(8)(B). (2) Purchasing Federal PLUS Loans The Secretary may purchase a Federal PLUS Loan that is not in default and reissue such loan in order to permit the borrower to obtain the interest rate provided under section 455(b)(8)(B). (3) Administrative fee The Secretary may charge a borrower an amount not to exceed 0.5 percent of the principal amount of the loan to be reissued or purchased to cover the administrative cost of reissuing or purchasing such loan, which amount shall be paid to the Secretary. (b) Refinancing for Stafford loans (1) Reissuing Federal Direct Stafford loans The Secretary may reissue a Federal Direct Stafford Loan or a Federal Direct Unsubsidized Stafford Loan for which the first disbursement was made before July 1, 2013, that is not in default in order to permit the borrower to obtain the interest rate provided under section 455(b)(8)(A). (2) Purchasing Federal Stafford Loans The Secretary may purchase a Federal Stafford Loan or a Federal Unsubsidized Stafford Loan that is not in default and reissue such loan in order to permit the borrower to obtain the interest rate provided under section 455(b)(8)(A). (3) Administrative fee The Secretary may charge a borrower an amount not to exceed 0.5 percent of the principal amount of the loan to be reissued or purchased to cover the administrative cost of reissuing or purchasing such loan, which amount shall be paid to the Secretary. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1946ih/xml/BILLS-113hr1946ih.xml |
113-hr-1947 | I 113th CONGRESS 1st Session H. R. 1947 IN THE HOUSE OF REPRESENTATIVES May 13, 2013 Mr. Lucas (for himself and Mr. Peterson ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To provide for the reform and continuation of agricultural and other programs of the Department of Agriculture through fiscal year 2018, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Federal Agriculture Reform and Risk Management Act of 2013 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definition of Secretary of Agriculture. Title I—Commodities Subtitle A—Repeals and reforms Sec. 1101. Repeal of direct payments. Sec. 1102. Repeal of counter-cyclical payments. Sec. 1103. Repeal of average crop revenue election program. Sec. 1104. Definitions. Sec. 1105. Base acres. Sec. 1106. Payment yields. Sec. 1107. Farm risk management election. Sec. 1108. Producer agreements. Sec. 1109. Period of effectiveness. Subtitle B—Marketing loans Sec. 1201. Availability of nonrecourse marketing assistance loans for loan commodities. Sec. 1202. Loan rates for nonrecourse marketing assistance loans. Sec. 1203. Term of loans. Sec. 1204. Repayment of loans. Sec. 1205. Loan deficiency payments. Sec. 1206. Payments in lieu of loan deficiency payments for grazed acreage. Sec. 1207. Special marketing loan provisions for upland cotton. Sec. 1208. Special competitive provisions for extra long staple cotton. Sec. 1209. Availability of recourse loans for high moisture feed grains and seed cotton. Sec. 1210. Adjustments of loans. Subtitle C—Sugar Sec. 1301. Sugar program. Subtitle D—Dairy Part I—Dairy producer margin protection and dairy market stabilization programs Sec. 1401. Definitions. Sec. 1402. Calculation of average feed cost and actual dairy producer margins. Subpart A—Dairy producer margin protection program Sec. 1411. Establishment of dairy producer margin protection program. Sec. 1412. Participation of dairy producers in margin protection program. Sec. 1413. Production history of participating dairy producers. Sec. 1414. Basic margin protection. Sec. 1415. Supplemental margin protection. Sec. 1416. Effect of failure to pay administrative fees or premiums. Subpart B—Dairy Market Stabilization Program Sec. 1431. Establishment of dairy market stabilization program. Sec. 1432. Threshold for implementation and reduction in dairy producer payments. Sec. 1433. Producer milk marketing information. Sec. 1434. Calculation and collection of reduced dairy producer payments. Sec. 1435. Remitting monies to the Secretary and use of monies. Sec. 1436. Suspension of reduced payment requirement. Sec. 1437. Enforcement. Sec. 1438. Audit requirements. Subpart C—Commodity Credit Corporation Sec. 1451. Use of Commodity Credit Corporation. Subpart D—Initiation and duration Sec. 1461. Rulemaking. Sec. 1462. Duration. Part II—Repeal or reauthorization of other dairy-related provisions Sec. 1481. Repeal of dairy product price support and milk income loss contract programs. Sec. 1482. Repeal of dairy export incentive program. Sec. 1483. Extension of dairy forward pricing program. Sec. 1484. Extension of dairy indemnity program. Sec. 1485. Extension of dairy promotion and research program. Sec. 1486. Repeal of Federal Milk Marketing Order Review Commission. Part III—Effective date Sec. 1491. Effective date. Subtitle E—Supplemental Agricultural Disaster Assistance Programs Sec. 1501. Supplemental agricultural disaster assistance. Subtitle F—Administration Sec. 1601. Administration generally. Sec. 1602. Suspension of permanent price support authority. Sec. 1603. Payment limitations. Sec. 1604. Adjusted gross income limitation. Sec. 1605. Geographically disadvantaged farmers and ranchers. Sec. 1606. Personal liability of producers for deficiencies. Sec. 1607. Prevention of deceased individuals receiving payments under farm commodity programs. Sec. 1608. Technical corrections. Sec. 1609. Assignment of payments. Sec. 1610. Tracking of benefits. Sec. 1611. Signature authority. Sec. 1612. Implementation. Title II—Conservation Subtitle A—Conservation Reserve Program Sec. 2001. Extension and enrollment requirements of conservation reserve program. Sec. 2002. Farmable wetland program. Sec. 2003. Duties of owners and operators. Sec. 2004. Duties of the Secretary. Sec. 2005. Payments. Sec. 2006. Contract requirements. Sec. 2007. Conversion of land subject to contract to other conserving uses. Sec. 2008. Effective date. Subtitle B—Conservation Stewardship Program Sec. 2101. Conservation stewardship program. Subtitle C—Environmental Quality Incentives Program Sec. 2201. Purposes. Sec. 2202. Establishment and administration. Sec. 2203. Evaluation of applications. Sec. 2204. Duties of producers. Sec. 2205. Limitation on payments. Sec. 2206. Conservation innovation grants and payments. Sec. 2207. Effective date. Subtitle D—Agricultural Conservation Easement Program Sec. 2301. Agricultural conservation easement program. Subtitle E—Regional Conservation Partnership Program Sec. 2401. Regional conservation partnership program. Subtitle F—Other Conservation Programs Sec. 2501. Conservation of private grazing land. Sec. 2502. Grassroots source water protection program. Sec. 2503. Voluntary public access and habitat incentive program. Sec. 2504. Agriculture conservation experienced services program. Sec. 2505. Small watershed rehabilitation program. Sec. 2506. Agricultural management assistance program. Subtitle G—Funding and Administration Sec. 2601. Funding. Sec. 2602. Technical assistance. Sec. 2603. Reservation of funds to provide assistance to certain farmers or ranchers for conservation access. Sec. 2604. Annual report on program enrollments and assistance. Sec. 2605. Review of conservation practice standards. Sec. 2606. Administrative requirements applicable to all conservation programs. Sec. 2607. Standards for State technical committees. Sec. 2608. Rulemaking authority. Subtitle H—Repeal of Superseded Program Authorities and Transitional Provisions; Technical Amendments Sec. 2701. Comprehensive conservation enhancement program. Sec. 2702. Emergency forestry conservation reserve program. Sec. 2703. Wetlands reserve program. Sec. 2704. Farmland protection program and farm viability program. Sec. 2705. Grassland reserve program. Sec. 2706. Agricultural water enhancement program. Sec. 2707. Wildlife habitat incentive program. Sec. 2708. Great Lakes basin program. Sec. 2709. Chesapeake Bay watershed program. Sec. 2710. Cooperative conservation partnership initiative. Sec. 2711. Environmental easement program. Sec. 2712. Technical amendments. Title III—Trade Subtitle A—Food for Peace Act Sec. 3001. General authority. Sec. 3002. Support for organizations through which assistance is provided. Sec. 3003. Food aid quality. Sec. 3004. Minimum levels of assistance. Sec. 3005. Food Aid Consultative Group. Sec. 3006. Oversight, monitoring, and evaluation. Sec. 3007. Assistance for stockpiling and rapid transportation, delivery, and distribution of shelf-stable prepackaged foods. Sec. 3008. General provisions. Sec. 3009. Prepositioning of agricultural commodities. Sec. 3010. Annual report regarding food aid programs and activities. Sec. 3011. Deadline for agreements to finance sales or to provide other assistance. Sec. 3012. Authorization of appropriations. Sec. 3013. Micronutrient fortification programs. Sec. 3014. John Ogonowski and Doug Bereuter Farmer-to-Farmer Program. Subtitle B—Agricultural Trade Act of 1978 Sec. 3101. Funding for export credit guarantee program. Sec. 3102. Funding for market access program. Sec. 3103. Foreign market development cooperator program. Subtitle C—Other Agricultural Trade Laws Sec. 3201. Food for Progress Act of 1985. Sec. 3202. Bill Emerson Humanitarian Trust. Sec. 3203. Promotion of agricultural exports to emerging markets. Sec. 3204. McGovern-Dole International Food for Education and Child Nutrition Program. Sec. 3205. Technical assistance for specialty crops. Sec. 3206. Global Crop Diversity Trust. Sec. 3207. Under Secretary of Agriculture for Foreign Agricultural Services. Title IV—Nutrition Subtitle A—Supplemental nutrition assistance program Sec. 4001. Preventing payment of cash to recipients of supplemental nutrition assistance for the return of empty bottles and cans used to contain food purchased with benefits provided under the program. Sec. 4002. Retailers. Sec. 4003. Enhancing services to elderly and disabled supplemental nutrition assistance program recipients. Sec. 4004. Food distribution program on Indian reservations. Sec. 4005. Updating program eligibility. Sec. 4006. Exclusion of medical marijuana from excess medical expense deduction. Sec. 4007. Standard utility allowances based on the receipt of energy assistance payments. Sec. 4008. Eligibility disqualifications. Sec. 4009. Ending supplemental nutrition assistance program benefits for lottery or gambling winners. Sec. 4010. Improving security of food assistance. Sec. 4011. Demonstration projects on acceptance of benefits of mobile transactions. Sec. 4012. Use of benefits for purchase of community-supported agriculture share. Sec. 4013. Restaurant meals program. Sec. 4014. Mandating State immigration verification. Sec. 4015. Data exchange standardization for improved interoperability. Sec. 4016. Prohibiting government-sponsored recruitment activities. Sec. 4017. Repeal of bonus program. Sec. 4018. Funding of employment and training programs. Sec. 4019. Monitoring employment and training program. Sec. 4020. Cooperation with program research and evaluation. Sec. 4021. Pilot projects to reduce dependency and increase work effort in the supplemental nutrition assistance program. Sec. 4022. Authorization of appropriations. Sec. 4023. Limitation on use of block grant to Puerto Rico. Sec. 4024. Assistance for community food projects. Sec. 4025. Emergency food assistance. Sec. 4026. Nutrition education. Sec. 4027. Retailer trafficking. Sec. 4028. Technical and conforming amendments. Sec. 4029. Tolerance level for excluding small errors. Sec. 4030. Commonwealth of the Northern Mariana Islands pilot program. Sec. 4031. Annual State report on verification of SNAP participation. Subtitle B—Commodity distribution programs Sec. 4101. Commodity distribution program. Sec. 4102. Commodity supplemental food program. Sec. 4103. Distribution of surplus commodities to special nutrition projects. Sec. 4104. Processing of commodities. Subtitle C—Miscellaneous Sec. 4201. Farmers’ market nutrition program. Sec. 4202. Nutrition information and awareness pilot program. Sec. 4203. Fresh fruit and vegetable program. Sec. 4204. Additional authority for purchase of fresh fruits, vegetables, and other specialty food crops. Sec. 4205. Encouraging locally and regionally grown and raised food. Title V—Credit Subtitle A—Farm ownership loans Sec. 5001. Eligibility for farm ownership loans. Sec. 5002. Conservation loan and loan guarantee program. Sec. 5003. Down payment loan program. Sec. 5004. Elimination of mineral rights appraisal requirement. Subtitle B—Operating loans Sec. 5101. Eligibility for farm operating loans. Sec. 5102. Elimination of rural residency requirement for operating loans to youth. Sec. 5103. Authority to waive personal liability for youth loans due to circumstances beyond borrower control. Sec. 5104. Microloans. Subtitle C—Emergency loans Sec. 5201. Eligibility for emergency loans. Subtitle D—Administrative provisions Sec. 5301. Beginning farmer and rancher individual development accounts pilot program. Sec. 5302. Eligible beginning farmers and ranchers. Sec. 5303. Loan authorization levels. Sec. 5304. Priority for participation loans. Sec. 5305. Loan fund set-asides. Sec. 5306. Conforming amendment to borrower training provision, relating to eligibility changes. Subtitle E—State agricultural mediation programs Sec. 5401. State agricultural mediation programs. Subtitle F—Loans to purchasers of highly fractionated land Sec. 5501. Loans to purchasers of highly fractionated land. Title VI—Rural development Subtitle A—Consolidated Farm and Rural Development Act Sec. 6001. Water, waste disposal, and wastewater facility grants. Sec. 6002. Rural business opportunity grants. Sec. 6003. Elimination of reservation of community facilities grant program funds. Sec. 6004. Utilization of loan guarantees for community facilities. Sec. 6005. Rural water and wastewater circuit rider program. Sec. 6006. Tribal college and university essential community facilities. Sec. 6007. Emergency and imminent community water assistance grant program. Sec. 6008. Household water well systems. Sec. 6009. Rural business and industry loan program. Sec. 6010. Rural cooperative development grants. Sec. 6011. Locally or regionally produced agricultural food products. Sec. 6012. Intermediary relending program. Sec. 6013. Rural water and waste disposal infrastructure. Sec. 6014. Simplified applications. Sec. 6015. Grants for NOAA weather radio transmitters. Sec. 6016. Rural microentrepreneur assistance program. Sec. 6017. Delta Regional Authority. Sec. 6018. Northern Great Plains Regional Authority. Sec. 6019. Rural business investment program. Subtitle B—Rural Electrification Act of 1936 Sec. 6101. Relending for certain purposes. Sec. 6102. Fees for certain loan guarantees. Sec. 6103. Guarantees for bonds and notes issued for electrification or telephone purposes. Sec. 6104. Expansion of 911 access. Sec. 6105. Access to broadband telecommunications services in rural areas. Subtitle C—Miscellaneous Sec. 6201. Distance learning and telemedicine. Sec. 6202. Value-added agricultural market development program grants. Sec. 6203. Agriculture innovation center demonstration program. Sec. 6204. Program metrics. Sec. 6205. Study of rural transportation issues. Sec. 6206. Certain Federal actions not to be considered major. Title VII—Research, Extension, and Related Matters Subtitle A—National Agricultural Research, Extension, and Teaching Policy Act of 1977 Sec. 7101. Option to be included as non-land-grant college of agriculture. Sec. 7102. National Agricultural Research, Extension, Education, and Economics Advisory Board. Sec. 7103. Specialty crop committee. Sec. 7104. Veterinary services grant program. Sec. 7105. Grants and fellowships for food and agriculture sciences education. Sec. 7106. Policy research centers. Sec. 7107. Repeal of human nutrition intervention and health promotion research program. Sec. 7108. Repeal of pilot research program to combine medical and agricultural research. Sec. 7109. Nutrition education program. Sec. 7110. Continuing animal health and disease research programs. Sec. 7111. Repeal of appropriations for research on national or regional problems. Sec. 7112. Grants to upgrade agricultural and food sciences facilities at 1890 land-grant colleges, including Tuskegee University. Sec. 7113. Grants to upgrade agriculture and food science facilities and equipment at insular area land-grant institutions. Sec. 7114. Repeal of national research and training virtual centers. Sec. 7115. Hispanic-serving institutions. Sec. 7116. Competitive Grants Program for Hispanic Agricultural Workers and Youth. Sec. 7117. Competitive grants for international agricultural science and education programs. Sec. 7118. Repeal of research equipment grants. Sec. 7119. University research. Sec. 7120. Extension service. Sec. 7121. Auditing, reporting, bookkeeping, and administrative requirements. Sec. 7122. Supplemental and alternative crops. Sec. 7123. Capacity building grants for NLGCA institutions. Sec. 7124. Aquaculture assistance programs. Sec. 7125. Rangeland research programs. Sec. 7126. Special authorization for biosecurity planning and response. Sec. 7127. Distance education and resident instruction grants program for insular area institutions of higher education. Sec. 7128. Matching funds requirement. Subtitle B—Food, Agriculture, Conservation, and Trade Act of 1990 Sec. 7201. Best utilization of biological applications. Sec. 7202. Integrated management systems. Sec. 7203. Sustainable agriculture technology development and transfer program. Sec. 7204. National training program. Sec. 7205. National Genetics Resources Program. Sec. 7206. Repeal of National Agricultural Weather Information System. Sec. 7207. Repeal of rural electronic commerce extension program. Sec. 7208. Repeal of agricultural genome initiative. Sec. 7209. High-priority research and extension initiatives. Sec. 7210. Repeal of nutrient management research and extension initiative. Sec. 7211. Organic agriculture research and extension initiative. Sec. 7212. Repeal of agricultural bioenergy feedstock and energy efficiency research and extension initiative. Sec. 7213. Farm business management. Sec. 7214. Centers of excellence. Sec. 7215. Repeal of red meat safety research center. Sec. 7216. Assistive technology program for farmers with disabilities. Sec. 7217. National rural information center clearinghouse. Subtitle C—Agricultural Research, Extension, and Education Reform Act of 1998 Sec. 7301. Relevance and merit of agricultural research, extension, and education funded by the Department. Sec. 7302. Integrated research, education, and extension competitive grants program. Sec. 7303. Repeal of coordinated program of research, extension, and education to improve viability of small and medium size dairy, livestock, and poultry operations. Sec. 7304. Fusarium Graminearum grants. Sec. 7305. Repeal of Bovine Johne's disease control program. Sec. 7306. Grants for youth organizations. Sec. 7307. Specialty crop research initiative. Sec. 7308. Food animal residue avoidance database program. Sec. 7309. Repeal of national swine research center. Sec. 7310. Office of pest management policy. Sec. 7311. Repeal of studies of agricultural research, extension, and education. Subtitle D—Other Laws Sec. 7401. Critical Agricultural Materials Act. Sec. 7402. Equity in Educational Land-grant Status Act of 1994 . Sec. 7403. Research Facilities Act. Sec. 7404. Repeal of carbon cycle research. Sec. 7405. Competitive, Special, and Facilities Research Grant Act. Sec. 7406. Renewable Resources Extension Act of 1978 . Sec. 7407. National Aquaculture Act of 1980 . Sec. 7408. Repeal of use of remote sensing data. Sec. 7409. Repeal of reports under Farm Security and Rural Investment Act of 2002 . Sec. 7410. Beginning farmer and rancher development program. Sec. 7411. Inclusion of Northern Mariana Islands as a State under McIntire-Stennis Cooperative Forestry Act. Subtitle E—Food, Conservation, and Energy Act of 2008 Part 1—Agricultural Security Sec. 7501. Agricultural biosecurity communication center. Sec. 7502. Assistance to build local capacity in agricultural biosecurity planning, preparation, and response. Sec. 7503. Research and development of agricultural countermeasures. Sec. 7504. Agricultural biosecurity grant program. Part 2—Miscellaneous Sec. 7511. Enhanced use lease authority pilot program. Sec. 7512. Grazinglands research laboratory. Sec. 7513. Budget submission and funding. Sec. 7514. Repeal of research and education grants for the study of antibiotic-resistant bacteria. Sec. 7515. Repeal of farm and ranch stress assistance network. Sec. 7516. Repeal of seed distribution. Sec. 7517. Natural products research program. Sec. 7518. Sun grant program. Sec. 7519. Repeal of study and report on food deserts. Sec. 7520. Repeal of agricultural and rural transportation research and education. Subtitle F—Miscellaneous provisions Sec. 7601. Agreements with nonprofit organizations for National Arboretum. Sec. 7602. Cotton Disease Research Report. Sec. 7603. Acceptance of facility for Agricultural Research Service. Sec. 7604. Miscellaneous technical corrections. Title VIII—Forestry Subtitle A—Repeal of Certain Forestry Programs Sec. 8001. Forest land enhancement program. Sec. 8002. Watershed forestry assistance program. Sec. 8003. Expired cooperative national forest products marketing program. Sec. 8004. Hispanic-serving institution agricultural land national resources leadership program. Sec. 8005. Tribal watershed forestry assistance program. Sec. 8006. Separate Forest Service decisionmaking and appeals process. Subtitle B—Reauthorization of Cooperative Forestry Assistance Act of 1978 Programs Sec. 8101. State-wide assessment and strategies for forest resources. Sec. 8102. Forest Legacy Program. Sec. 8103. Community forest and open space conservation program. Subtitle C—Reauthorization of Other Forestry-Related Laws Sec. 8201. Rural revitalization technologies. Sec. 8202. Office of International Forestry. Sec. 8203. Change in funding source for healthy forests reserve program. Sec. 8204. Stewardship end result contracting project authority. Subtitle D—National Forest Critical Area Response Sec. 8301. Definitions. Sec. 8302. Designation of critical areas. Sec. 8303. Application of expedited procedures and activities of the Healthy Forests Restoration Act of 2003 to critical areas. Sec. 8304. Good neighbor authority. Subtitle E—Miscellaneous Provisions Sec. 8401. Revision of strategic plan for forest inventory and analysis. Sec. 8402. Forest Service participation in ACES Program. Title IX—Energy Sec. 9001. Definition of renewable energy system. Sec. 9002. Biobased markets program. Sec. 9003. Biorefinery Assistance. Sec. 9004. Repowering assistance program. Sec. 9005. Bioenergy Program for Advanced Biofuels. Sec. 9006. Biodiesel Fuel Education Program. Sec. 9007. Rural Energy for America Program. Sec. 9008. Biomass Research and Development. Sec. 9009. Feedstock Flexibility Program for Bioenergy Producers. Sec. 9010. Biomass Crop Assistance Program. Sec. 9011. Community wood energy program. Sec. 9012. Repeal of biofuels infrastructure study. Sec. 9013. Repeal of renewable fertilizer study. Title X—Horticulture Sec. 10001. Specialty crops market news allocation. Sec. 10002. Repeal of grant program to improve movement of specialty crops. Sec. 10003. Farmers market and local food promotion program. Sec. 10004. Organic agriculture. Sec. 10005. Investigations and enforcement of the Organic Foods Production Act of 1990 . Sec. 10006. Food safety education initiatives. Sec. 10007. Specialty crop block grants. Sec. 10008. Report on honey. Sec. 10009. Bulk shipments of apples to Canada. Sec. 10010. Inclusion of olive oil in import controls under the Agricultural Adjustment Act. Sec. 10011. Consolidation of plant pest and disease management and disaster prevention programs. Sec. 10012. Modification, cancellation, or suspension on basis of a biological opinion. Sec. 10013. Use and discharges of authorized pesticides. Title XI—Crop Insurance Sec. 11001. Information sharing. Sec. 11002. Publication of information on violations of prohibition on premium adjustments. Sec. 11003. Supplemental coverage option. Sec. 11004. Premium amounts for catastrophic risk protection. Sec. 11005. Repeal of performance-based discount. Sec. 11006. Permanent enterprise unit subsidy. Sec. 11007. Enterprise units for irrigated and nonirrigated crops. Sec. 11008. Data collection. Sec. 11009. Adjustment in actual production history to establish insurable yields. Sec. 11010. Submission and review of policies. Sec. 11011. Equitable relief for specialty crop policies. Sec. 11012. Budget limitations on renegotiation of the standard reinsurance agreement. Sec. 11013. Crop production on native sod. Sec. 11014. Coverage levels by practice. Sec. 11015. Beginning farmer and rancher provisions. Sec. 11016. Stacked income protection plan for producers of upland cotton. Sec. 11017. Peanut revenue crop insurance. Sec. 11018. Authority to correct errors. Sec. 11019. Implementation. Sec. 11020. Research and development priorities. Sec. 11021. Additional research and development contracting requirements. Sec. 11022. Program compliance partnerships. Sec. 11023. Pilot programs. Sec. 11024. Technical amendments. Title XII—Miscellaneous Subtitle A—Livestock Sec. 12101. National Sheep Industry Improvement Center. Sec. 12102. Trichinae certification program. Sec. 12103. National Aquatic Animal Health Plan. Sec. 12104. Country of origin labeling. Sec. 12105. National animal health laboratory network. Subtitle B—Socially disadvantaged producers and limited resource producers Sec. 12201. Outreach and assistance for socially disadvantaged farmers and ranchers and veteran farmers and ranchers. Sec. 12202. Office of Advocacy and Outreach. Subtitle C—Other miscellaneous provisions Sec. 12301. Grants to improve supply, stability, safety, and training of agricultural labor force. Sec. 12302. Program benefit eligibility status for participants in high plains water study. Sec. 12303. Office of Tribal Relations. Sec. 12304. Military Veterans Agricultural Liaison. Sec. 12305. Prohibition on keeping GSA leased cars overnight. Sec. 12306. Noninsured crop assistance program. Sec. 12307. Ensuring high standards for agency use of scientific information. 2. Definition of Secretary of Agriculture In this Act, the term Secretary means the Secretary of Agriculture. I Commodities A Repeals and reforms 1101. Repeal of direct payments (a) Repeal Sections 1103 and 1303 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8713 , 8753) are repealed. (b) Continued application for 2013 crop year Sections 1103 and 1303 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8713 , 8753), as in effect on the day before the date of enactment of this Act, shall continue to apply through the 2013 crop year with respect to all covered commodities (as defined in section 1001 of that Act ( 7 U.S.C. 8702 )) and peanuts on a farm. (c) Continued application for 2014 and 2015 crop years Subject to this subtitle, the amendments made by sections 1603 and 1604 of this Act, and sections 1607 and 1611 of this Act, section 1103 of the Food, Conservation and Energy Act of 2008 ( 7 U.S.C. 8713 ), as in effect on the day before the date of enactment of this Act, shall continue to apply through the 2014 and 2015 crop years with respect to upland cotton only (as defined in section 1001 of that Act ( 7 U.S.C. 8702 )), except that, in applying such section 1103, the term payment acres means the following: (1) For crop year 2014, 70 percent of the base acres of upland cotton on a farm on which direct payments are made. (2) For crop year 2015, 60 percent of the base acres of upland cotton on a farm on which direct payments are made. 1102. Repeal of counter-cyclical payments (a) Repeal Sections 1104 and 1304 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8714 , 8754) are repealed. (b) Continued application for 2013 crop year Sections 1104 and 1304 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8714 , 8754), as in effect on the day before the date of enactment of this Act, shall continue to apply through the 2013 crop year with respect to all covered commodities (as defined in section 1001 of that Act ( 7 U.S.C. 8702 )) and peanuts on a farm. 1103. Repeal of average crop revenue election program (a) Repeal Section 1105 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8715 ) is repealed. (b) Continued application for 2013 crop year Section 1105 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8715 ), as in effect on the day before the date of enactment of this Act, shall continue to apply through the 2013 crop year with respect to all covered commodities (as defined in section 1001 of that Act ( 7 U.S.C. 8702 )) and peanuts on a farm for which the irrevocable election under section 1105 of that Act was made before the date of enactment of this Act. 1104. Definitions In this subtitle and subtitle B: (1) Actual county revenue The term actual county revenue , with respect to a covered commodity for a crop year, means the amount determined by the Secretary under section 1107(c)(4) to determine whether revenue loss coverage payments are required to be provided for that crop year. (2) Base acres The term base acres , with respect to a covered commodity and cotton on a farm, means the number of acres established under section 1101 and 1302 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 7911 , 7952) or section 1101 and 1302 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8711 , 8752), as in effect on September 30, 2013, subject to any adjustment under section 1105 of this Act. For purposes of making payments under subsections (b) and (c) of section 1107, base acres are reduced by the payment acres calculated in 1101(c). (3) County revenue loss coverage trigger The term county revenue loss coverage trigger , with respect to a covered commodity for a crop year, means the amount determined by the Secretary under section 1107(c)(5) to determine whether revenue loss coverage payments are required to be provided for that crop year. (4) Covered commodity The term covered commodity means wheat, oats, and barley (including wheat, oats, and barley used for haying and grazing), corn, grain sorghum, long grain rice, medium grain rice, pulse crops, soybeans, other oilseeds, and peanuts. (5) Effective price The term effective price , with respect to a covered commodity for a crop year, means the price calculated by the Secretary under section 1107(b)(2) to determine whether price loss coverage payments are required to be provided for that crop year. (6) Extra long staple cotton The term extra long staple cotton means cotton that— (A) is produced from pure strain varieties of the Barbadense species or any hybrid of the species, or other similar types of extra long staple cotton, designated by the Secretary, having characteristics needed for various end uses for which United States upland cotton is not suitable and grown in irrigated cotton-growing regions of the United States designated by the Secretary or other areas designated by the Secretary as suitable for the production of the varieties or types; and (B) is ginned on a roller-type gin or, if authorized by the Secretary, ginned on another type gin for experimental purposes. (7) Farm base acres The term farm base acres means the sum of the base acreage for all covered commodities and cotton on a farm in effect as of September 30, 2013, and subject to any adjustment under section 1105. (8) Medium grain rice The term medium grain rice includes short grain rice. (9) Midseason price The term midseason price means the applicable national average market price received by producers for the first 5 months of the applicable marketing year, as determined by the Secretary. (10) Other oilseed The term other oilseed means a crop of sunflower seed, rapeseed, canola, safflower, flaxseed, mustard seed, crambe, sesame seed, or any oilseed designated by the Secretary. (11) Payment acres (A) In general Except as provided in subparagraphs (B) through (D), the term payment acres , with respect to the provision of price loss coverage payments and revenue loss coverage payments, means— (i) 85 percent of total acres planted for the year to each covered commodity on a farm; and (ii) 30 percent of total acres approved as prevented from being planted for the year to each covered commodity on a farm. (B) Maximum The total quantity of payment acres determined under subparagraph (A) shall not exceed the farm base acres. (C) Reduction If the sum of all payment acres for a farm exceeds the limits established under subparagraph (B), the Secretary shall reduce the payment acres applicable to each crop proportionately. (D) Exclusion The term payment acres does not include any crop subsequently planted during the same crop year on the same land for which the first crop is eligible for payments under this subtitle, unless the crop was approved for double cropping in the county, as determined by the Secretary. (12) Payment yield The term payment yield means the yield established for counter-cyclical payments under section 1102 or 1302 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 7912 , 7952), section 1102 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8712 ), as in effect on September 30, 2013, or under section 1106 of this Act, for a farm for a covered commodity. (13) Price loss coverage The term price loss coverage means coverage provided under section 1107(b). (14) Producer (A) In general The term producer means an owner, operator, landlord, tenant, or sharecropper that shares in the risk of producing a crop and is entitled to share in the crop available for marketing from the farm, or would have shared had the crop been produced. (B) Hybrid seed In determining whether a grower of hybrid seed is a producer, the Secretary shall— (i) not take into consideration the existence of a hybrid seed contract; and (ii) ensure that program requirements do not adversely affect the ability of the grower to receive a payment under this title. (15) Pulse crop The term pulse crop means dry peas, lentils, small chickpeas, and large chickpeas. (16) Reference price The term reference price , with respect to a covered commodity for a crop year, means the following: (A) Wheat, $5.50 per bushel. (B) Corn, $3.70 per bushel. (C) Grain sorghum, $3.95 per bushel. (D) Barley, $4.95 per bushel. (E) Oats, $2.40 per bushel. (F) Long grain rice, $14.00 per hundredweight. (G) Medium grain rice, $14.00 per hundredweight. (H) Soybeans, $8.40 per bushel. (I) Other oilseeds, $20.15 per hundredweight. (J) Peanuts $535.00 per ton. (K) Dry peas, $11.00 per hundredweight. (L) Lentils, $19.97 per hundredweight. (M) Small chickpeas, $19.04 per hundredweight. (N) Large chickpeas, $21.54 per hundredweight. (17) Revenue loss coverage The term revenue loss coverage means coverage provided under section 1107(c). (18) Secretary The term Secretary means the Secretary of Agriculture. (19) State The term State means— (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States. (20) Temperate japonica rice The term temperate japonica rice means rice that is grown in high altitudes or temperate regions of high latitudes with cooler climate conditions, in the Western United States, as determined by the Secretary. (21) Transitional yield The term transitional yield has the meaning given the term in section 502(b) of the Federal Crop Insurance Act ( 7 U.S.C. 1502(b) ). (22) United States The term United States , when used in a geographical sense, means all of the States. (23) United States premium factor The term United States Premium Factor means the percentage by which the difference in the United States loan schedule premiums for Strict Middling (SM) 1 1/8 -inch upland cotton and for Middling (M) 1 3/32 -inch upland cotton exceeds the difference in the applicable premiums for comparable international qualities. 1105. Base acres (a) Adjustment of base acres (1) In general The Secretary shall provide for an adjustment, as appropriate, in the base acres for covered commodities and cotton for a farm whenever any of the following circumstances occurs: (A) A conservation reserve contract entered into under section 1231 of the Food Security Act of 1985 ( 16 U.S.C. 3831 ) with respect to the farm expires or is voluntarily terminated. (B) Cropland is released from coverage under a conservation reserve contract by the Secretary. (C) The producer has eligible oilseed acreage as the result of the Secretary designating additional oilseeds, which shall be determined in the same manner as eligible oilseed acreage under section 1101(a)(1)(D) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8711(a)(1)(D) ). (2) Special conservation reserve acreage payment rules For the crop year in which a base acres adjustment under subparagraph (A) or (B) of paragraph (1) is first made, the owner of the farm shall elect to receive price loss coverage or revenue loss coverage with respect to the acreage added to the farm under this subsection or a prorated payment under the conservation reserve contract, but not both. (b) Prevention of excess base acres (1) Required reduction If the sum of the base acres for a farm, together with the acreage described in paragraph (2) exceeds the actual cropland acreage of the farm, the Secretary shall reduce the base acres for 1 or more covered commodities or cotton for the farm so that the sum of the base acres and acreage described in paragraph (2) does not exceed the actual cropland acreage of the farm. (2) Other acreage For purposes of paragraph (1), the Secretary shall include the following: (A) Any acreage on the farm enrolled in the conservation reserve program or wetlands reserve program (or successor programs) under chapter 1 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3830 et seq. ). (B) Any other acreage on the farm enrolled in a Federal conservation program for which payments are made in exchange for not producing an agricultural commodity on the acreage. (C) If the Secretary designates additional oilseeds, any eligible oilseed acreage, which shall be determined in the same manner as eligible oilseed acreage under subsection (a)(1)(C). (3) Selection of acres The Secretary shall give the owner of the farm the opportunity to select the base acres for a covered commodity or cotton for the farm against which the reduction required by paragraph (1) will be made. (4) Exception for double-cropped acreage In applying paragraph (1), the Secretary shall make an exception in the case of double cropping, as determined by the Secretary. (c) Reduction in base acres (1) Reduction at option of owner (A) In general The owner of a farm may reduce, at any time, the base acres for any covered commodity or cotton for the farm. (B) Effect of reduction A reduction under subparagraph (A) shall be permanent and made in a manner prescribed by the Secretary. (2) Required action by Secretary (A) In general The Secretary shall proportionately reduce base acres on a farm for covered commodities and cotton for land that has been subdivided and developed for multiple residential units or other nonfarming uses if the size of the tracts and the density of the subdivision is such that the land is unlikely to return to the previous agricultural use, unless the producers on the farm demonstrate that the land— (i) remains devoted to commercial agricultural production; or (ii) is likely to be returned to the previous agricultural use. (B) Requirement The Secretary shall establish procedures to identify land described in subparagraph (A). 1106. Payment yields (a) Establishment and purpose For the purpose of making payments under this subtitle, the Secretary shall provide for the establishment of a yield for each farm for any designated oilseed for which a payment yield was not established under section 1102 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8712 ) in accordance with this section. (b) Payment yields for designated oilseeds (1) Determination of average yield In the case of designated oilseeds, the Secretary shall determine the average yield per planted acre for the designated oilseed on a farm for the 1998 through 2001 crop years, excluding any crop year in which the acreage planted to the designated oilseed was zero. (2) Adjustment for payment yield (A) In general The payment yield for a farm for a designated oilseed shall be equal to the product of the following: (i) The average yield for the designated oilseed determined under paragraph (1). (ii) The ratio resulting from dividing the national average yield for the designated oilseed for the 1981 through 1985 crops by the national average yield for the designated oilseed for the 1998 through 2001 crops. (B) No national average yield information available To the extent that national average yield information for a designated oilseed is not available, the Secretary shall use such information as the Secretary determines to be fair and equitable to establish a national average yield under this section. (3) Use of county average yield If the yield per planted acre for a crop of a designated oilseed for a farm for any of the 1998 through 2001 crop years was less than 75 percent of the county yield for that designated oilseed, the Secretary shall assign a yield for that crop year equal to 75 percent of the county yield for the purpose of determining the average under paragraph (1). (4) No historic yield data available In the case of establishing yields for designated oilseeds, if historic yield data is not available, the Secretary shall use the ratio for dry peas calculated under paragraph (2)(A)(ii) in determining the yields for designated oilseeds, as determined to be fair and equitable by the Secretary. (c) Effect of lack of payment yield (1) Establishment by secretary If no payment yield is otherwise established for a farm for which a covered commodity is planted and eligible to receive price loss coverage payments, the Secretary shall establish an appropriate payment yield for the covered commodity on the farm under paragraph (2). (2) Use of similarly situated farms To establish an appropriate payment yield for a covered commodity on a farm as required by paragraph (1), the Secretary shall take into consideration the farm program payment yields applicable to that covered commodity for similarly situated farms. The use of such data in an appeal, by the Secretary or by the producer, shall not be subject to any other provision of law. (d) Single opportunity to update yields used to determine price loss coverage payments (1) Election to update At the sole discretion of the owner of a farm, the owner of a farm shall have a 1-time opportunity to update the payment yields on a covered commodity-by-covered commodity basis that would otherwise be used in calculating any price loss coverage payment for covered commodities on the farm. (2) Time for election The election under paragraph (1) shall be made at a time and manner to be in effect for the 2014 crop year as determined by the Secretary. (3) Method of updating yields If the owner of a farm elects to update yields under this subsection, the payment yield for a covered commodity on the farm, for the purpose of calculating price loss coverage payments only, shall be equal to 90 percent of the average of the yield per planted acre for the crop of the covered commodity on the farm for the 2008 through 2012 crop years, as determined by the Secretary, excluding any crop year in which the acreage planted to the crop of the covered commodity was zero. (4) Use of county average yield If the yield per planted acre for a crop of the covered commodity for a farm for any of the 2008 through 2012 crop years was less than 75 percent of the average of the 2008 through 2012 county yield for that commodity, the Secretary shall assign a yield for that crop year equal to 75 percent of the average of the 2008 through 2012 county yield for the purposes of determining the average yield under paragraph (3). (5) Effect of lack of payment yield (A) Establishment by secretary For purposes of this subsection, if no payment yield is otherwise established for a covered commodity on a farm, the Secretary shall establish an appropriate updated payment yield for the covered commodity on the farm under subparagraph (B). (B) Use of similarly situated farms To establish an appropriate payment yield for a covered commodity on a farm as required by subparagraph (A), the Secretary shall take into consideration the farm program payment yields applicable to that covered commodity for similarly situated farms. The use of such data in an appeal, by the Secretary or by the producer, shall not be subject to any other provision of law. 1107. Farm risk management election (a) In general (1) Payments required Except as provided in paragraph (2), if the Secretary determines that payments are required under subsection (b)(1) or (c)(2) for a covered commodity, the Secretary shall make payments for that covered commodity available under such subsection to producers on a farm pursuant to the terms and conditions of this section. (2) Prohibition on payments; exceptions Notwithstanding any other provision of this title, a producer on a farm may not receive price loss coverage payments or revenue loss coverage payments if the sum of the planted acres of covered commodities on the farm is 10 acres or less, as determined by the Secretary, unless the producer is— (A) a socially disadvantaged farmer or rancher (as defined in section 355(e) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2003(e) )); or (B) a limited resource farmer or rancher, as defined by the Secretary. (b) Price loss coverage (1) Payments For each of the 2014 through 2018 crop years, the Secretary shall make price loss coverage payments to producers on a farm for a covered commodity if the Secretary determines that— (A) the effective price for the covered commodity for the crop year; is less than (B) the reference price for the covered commodity for the crop year. (2) Effective price The effective price for a covered commodity for a crop year shall be the higher of— (A) the midseason price; or (B) the national average loan rate for a marketing assistance loan for the covered commodity in effect for crop years 2014 through 2018 under subtitle B. (3) Payment rate The payment rate shall be equal to the difference between— (A) the reference price for the covered commodity; and (B) the effective price determined under paragraph (2) for the covered commodity. (4) Payment amount If price loss coverage payments are required to be provided under this subsection for any of the 2014 through 2018 crop years for a covered commodity, the amount of the price loss coverage payment to be paid to the producers on a farm for the crop year shall be equal to the product obtained by multiplying— (A) the payment rate for the covered commodity under paragraph (3); (B) the payment yield for the covered commodity; and (C) the payment acres for the covered commodity. (5) Time for payments If the Secretary determines under this subsection that price loss coverage payments are required to be provided for the covered commodity, the payments shall be made beginning October 1, or as soon as practicable thereafter, after the end of the applicable marketing year for the covered commodity. (6) Special rule for barley In determining the effective price for barley in paragraph (2), the Secretary shall use the all-barley price. (7) Special rule for temperate japonica rice The Secretary shall provide a reference price with respect to temperate japonica rice in an amount equal to 115 percent of the amount established in subparagraphs (F) and (G) of section 1104(16) in order to reflect price premiums. (c) Revenue loss coverage (1) Available as an alternative As an alternative to receiving price loss coverage payments under subsection (b) for a covered commodity, all of the owners of the farm may make a one-time, irrevocable election on a covered commodity-by-covered commodity basis to receive revenue loss coverage payments for each covered commodity in accordance with this subsection. If any of the owners of the farm make different elections on the same covered commodity on the farm, all of the owners of the farm shall be deemed to have not made the election available under this paragraph. (2) Payments In the case of owners of a farm that make the election described in paragraph (1) for a covered commodity, the Secretary shall make revenue loss coverage payments available under this subsection for each of the 2014 through 2018 crop years if the Secretary determines that— (A) the actual county revenue for the crop year for the covered commodity; is less than (B) the county revenue loss coverage trigger for the crop year for the covered commodity. (3) Time for payments If the Secretary determines under this subsection that revenue loss coverage payments are required to be provided for the covered commodity, payments shall be made beginning October 1, or as soon as practicable thereafter, after the end of the applicable marketing year for the covered commodity. (4) Actual county revenue The amount of the actual county revenue for a crop year of a covered commodity shall be equal to the product obtained by multiplying— (A) the actual county yield, as determined by the Secretary, for each planted acre for the crop year for the covered commodity; and (B) the higher of— (i) the midseason price; or (ii) the national average loan rate for a marketing assistance loan for the covered commodity in effect for crop years 2014 through 2018 under subtitle B. (5) County revenue loss coverage trigger (A) In general The county revenue loss coverage trigger for a crop year for a covered commodity on a farm shall equal 85 percent of the benchmark county revenue. (B) Benchmark county revenue (i) In general The benchmark county revenue shall be the product obtained by multiplying— (I) subject to clause (ii), the average historical county yield as determined by the Secretary for the most recent 5 crop years, excluding each of the crop years with the highest and lowest yields; and (II) subject to clause (iii), the average national marketing year average price for the most recent 5 crop years, excluding each of the crop years with the highest and lowest prices. (ii) Yield conditions If the historical county yield in clause (i)(I) for any of the 5 most recent crop years, as determined by the Secretary, is less than 70 percent of the transitional yield, as determined by the Secretary, the amounts used for any of those years in clause (i)(I) shall be 70 percent of the transitional yield. (iii) Reference price If the national marketing year average price in clause (i)(II) for any of the 5 most recent crop years is lower than the reference price for the covered commodity, the Secretary shall use the reference price for any of those years for the amounts in clause (i)(II). (6) Payment rate The payment rate shall be equal to the lesser of— (A) the difference between— (i) the county revenue loss coverage trigger for the covered commodity; and (ii) the actual county revenue for the crop year for the covered commodity; or (B) 10 percent of the benchmark county revenue for the crop year for the covered commodity. (7) Payment amount If revenue loss coverage payments under this subsection are required to be provided for any of the 2014 through 2018 crop years of a covered commodity, the amount of the revenue loss coverage payment to be provided to the producers on a farm for the crop year shall be equal to the product obtained by multiplying— (A) the payment rate under paragraph (6); and (B) the payment acres of the covered commodity on the farm. (8) Duties of the secretary In providing revenue loss coverage payments under this subsection, the Secretary— (A) shall ensure that producers on a farm do not reconstitute the farm of the producers to void or change the election made under paragraph (1); (B) to the maximum extent practicable, shall use all available information and analysis, including data mining, to check for anomalies in the provision of revenue loss coverage payments; (C) to the maximum extent practicable, shall calculate a separate county revenue loss coverage trigger for irrigated and nonirrigated covered commodities and a separate actual county revenue for irrigated and nonirrigated covered commodities; (D) shall assign a benchmark county yield for each planted acre for the crop year for the covered commodity on the basis of the yield history of representative farms in the State, region, or crop reporting district, as determined by the Secretary, if— (i) the Secretary cannot establish the benchmark county yield for each planted acre for a crop year for a covered commodity in the county in accordance with paragraph (5); or (ii) the yield determined under paragraph (5) is an unrepresentative average yield for the county (as determined by the Secretary); and (E) to the maximum extent practicable, shall ensure that in order to be eligible for a payment under this subsection, the producers on the farm suffered an actual loss on the covered commodity for the crop year for which payment is sought. 1108. Producer agreements (a) Compliance with certain requirements (1) Requirements Before the producers on a farm may receive payments under this subtitle with respect to the farm, the producers shall agree, during the crop year for which the payments are made and in exchange for the payments— (A) to comply with applicable conservation requirements under subtitle B of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3811 et seq. ); (B) to comply with applicable wetland protection requirements under subtitle C of title XII of that Act ( 16 U.S.C. 3821 et seq. ); and (C) to effectively control noxious weeds and otherwise maintain the land in accordance with sound agricultural practices, as determined by the Secretary. (2) Compliance The Secretary may issue such rules as the Secretary considers necessary to ensure producer compliance with the requirements of paragraph (1). (3) Modification At the request of the transferee or owner, the Secretary may modify the requirements of this subsection if the modifications are consistent with the objectives of this subsection, as determined by the Secretary. (b) Transfer or change of interest in farm (1) Termination (A) In general Except as provided in paragraph (2), a transfer of (or change in) the interest of the producers on a farm for which payments under this subtitle are provided shall result in the termination of the payments, unless the transferee or owner of the acreage agrees to assume all obligations under subsection (a). (B) Effective date The termination shall take effect on the date determined by the Secretary. (2) Exception If a producer entitled to a payment under this subtitle dies, becomes incompetent, or is otherwise unable to receive the payment, the Secretary shall make the payment in accordance with rules issued by the Secretary. (c) Acreage reports As a condition on the receipt of any benefits under this subtitle or subtitle B, the Secretary shall require producers on a farm to submit to the Secretary annual acreage reports with respect to all cropland on the farm. (d) Tenants and sharecroppers In carrying out this subtitle, the Secretary shall provide adequate safeguards to protect the interests of tenants and sharecroppers. (e) Sharing of payments The Secretary shall provide for the sharing of payments made under this subtitle among the producers on a farm on a fair and equitable basis. 1109. Period of effectiveness This subtitle shall be effective beginning with the 2014 crop year of each covered commodity through the 2018 crop year. B Marketing loans 1201. Availability of nonrecourse marketing assistance loans for loan commodities (a) Definition of loan commodity In this subtitle, the term loan commodity means wheat, corn, grain sorghum, barley, oats, upland cotton, extra long staple cotton, long grain rice, medium grain rice, peanuts, soybeans, other oilseeds, graded wool, nongraded wool, mohair, honey, dry peas, lentils, small chickpeas, and large chickpeas. (b) Nonrecourse loans available (1) In general For each of the 2014 through 2018 crops of each loan commodity, the Secretary shall make available to producers on a farm nonrecourse marketing assistance loans for loan commodities produced on the farm. (2) Terms and conditions The marketing assistance loans shall be made under terms and conditions that are prescribed by the Secretary and at the loan rate established under section 1202 for the loan commodity. (c) Eligible production The producers on a farm shall be eligible for a marketing assistance loan under subsection (b) for any quantity of a loan commodity produced on the farm. (d) Compliance with conservation and wetlands requirements As a condition of the receipt of a marketing assistance loan under subsection (b), the producer shall comply with applicable conservation requirements under subtitle B of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3811 et seq. ) and applicable wetland protection requirements under subtitle C of title XII of that Act ( 16 U.S.C. 3821 et seq. ) during the term of the loan. (e) Special rules for peanuts (1) In general This subsection shall apply only to producers of peanuts. (2) Options for obtaining loan A marketing assistance loan under this section, and loan deficiency payments under section 1205, may be obtained at the option of the producers on a farm through— (A) a designated marketing association or marketing cooperative of producers that is approved by the Secretary; or (B) the Farm Service Agency. (3) Storage of loan peanuts As a condition on the approval by the Secretary of an individual or entity to provide storage for peanuts for which a marketing assistance loan is made under this section, the individual or entity shall agree— (A) to provide the storage on a nondiscriminatory basis; and (B) to comply with such additional requirements as the Secretary considers appropriate to accomplish the purposes of this section and promote fairness in the administration of the benefits of this section. (4) Storage, handling, and associated costs (A) In general To ensure proper storage of peanuts for which a loan is made under this section, the Secretary shall pay handling and other associated costs (other than storage costs) incurred at the time at which the peanuts are placed under loan, as determined by the Secretary. (B) Redemption and forfeiture The Secretary shall— (i) require the repayment of handling and other associated costs paid under subparagraph (A) for all peanuts pledged as collateral for a loan that is redeemed under this section; and (ii) pay storage, handling, and other associated costs for all peanuts pledged as collateral that are forfeited under this section. (5) Marketing A marketing association or cooperative may market peanuts for which a loan is made under this section in any manner that conforms to consumer needs, including the separation of peanuts by type and quality. (6) Reimbursable agreements and payment of administrative expenses The Secretary may implement any reimbursable agreements or provide for the payment of administrative expenses under this subsection only in a manner that is consistent with those activities in regard to other loan commodities. 1202. Loan rates for nonrecourse marketing assistance loans (a) In general For purposes of each of the 2014 through 2018 crop years, the loan rate for a marketing assistance loan under section 1201 for a loan commodity shall be equal to the following: (1) In the case of wheat, $2.94 per bushel. (2) In the case of corn, $1.95 per bushel. (3) In the case of grain sorghum, $1.95 per bushel. (4) In the case of barley, $1.95 per bushel. (5) In the case of oats, $1.39 per bushel. (6) In the case of base quality of upland cotton, for the 2014 and each subsequent crop year, the simple average of the adjusted prevailing world price for the 2 immediately preceding marketing years, as determined by the Secretary and announced October 1 preceding the next domestic plantings, but in no case less than $0.47 per pound or more than $0.52 per pound. (7) In the case of extra long staple cotton, $0.7977 per pound. (8) In the case of long grain rice, $6.50 per hundredweight. (9) In the case of medium grain rice, $6.50 per hundredweight. (10) In the case of soybeans, $5.00 per bushel. (11) In the case of other oilseeds, $10.09 per hundredweight for each of the following kinds of oilseeds: (A) Sunflower seed. (B) Rapeseed. (C) Canola. (D) Safflower. (E) Flaxseed. (F) Mustard seed. (G) Crambe. (H) Sesame seed. (I) Other oilseeds designated by the Secretary. (12) In the case of dry peas, $5.40 per hundredweight. (13) In the case of lentils, $11.28 per hundredweight. (14) In the case of small chickpeas, $7.43 per hundredweight. (15) In the case of large chickpeas, $11.28 per hundredweight. (16) In the case of graded wool, $1.15 per pound. (17) In the case of nongraded wool, $0.40 per pound. (18) In the case of mohair, $4.20 per pound. (19) In the case of honey, $0.69 per pound. (20) In the case of peanuts, $355 per ton. (b) Single county loan rate for other oilseeds The Secretary shall establish a single loan rate in each county for each kind of other oilseeds described in subsection (a)(11). 1203. Term of loans (a) Term of loan In the case of each loan commodity, a marketing assistance loan under section 1201 shall have a term of 9 months beginning on the first day of the first month after the month in which the loan is made. (b) Extensions prohibited The Secretary may not extend the term of a marketing assistance loan for any loan commodity. 1204. Repayment of loans (a) General rule The Secretary shall permit the producers on a farm to repay a marketing assistance loan under section 1201 for a loan commodity (other than upland cotton, long grain rice, medium grain rice, extra long staple cotton, peanuts and confectionery and each other kind of sunflower seed (other than oil sunflower seed)) at a rate that is the lesser of— (1) the loan rate established for the commodity under section 1202, plus interest (determined in accordance with section 163 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7283 )); (2) a rate (as determined by the Secretary) that— (A) is calculated based on average market prices for the loan commodity during the preceding 30-day period; and (B) will minimize discrepancies in marketing loan benefits across State boundaries and across county boundaries; or (3) a rate that the Secretary may develop using alternative methods for calculating a repayment rate for a loan commodity that the Secretary determines will— (A) minimize potential loan forfeitures; (B) minimize the accumulation of stocks of the commodity by the Federal Government; (C) minimize the cost incurred by the Federal Government in storing the commodity; (D) allow the commodity produced in the United States to be marketed freely and competitively, both domestically and internationally; and (E) minimize discrepancies in marketing loan benefits across State boundaries and across county boundaries. (b) Repayment rates for upland cotton, long grain rice, and medium grain rice The Secretary shall permit producers to repay a marketing assistance loan under section 1201 for upland cotton, long grain rice, and medium grain rice at a rate that is the lesser of— (1) the loan rate established for the commodity under section 1202, plus interest (determined in accordance with section 163 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7283 )); or (2) the prevailing world market price for the commodity, as determined and adjusted by the Secretary in accordance with this section. (c) Repayment rates for extra long staple cotton Repayment of a marketing assistance loan for extra long staple cotton shall be at the loan rate established for the commodity under section 1202, plus interest (determined in accordance with section 163 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7283 )). (d) Prevailing world market price For purposes of this section and section 1207, the Secretary shall prescribe by regulation— (1) a formula to determine the prevailing world market price for each of upland cotton, long grain rice, and medium grain rice; and (2) a mechanism by which the Secretary shall announce periodically those prevailing world market prices. (e) Adjustment of prevailing world market price for upland cotton, long grain rice, and medium grain rice (1) Rice The prevailing world market price for long grain rice and medium grain rice determined under subsection (d) shall be adjusted to United States quality and location. (2) Cotton The prevailing world market price for upland cotton determined under subsection (d)— (A) shall be adjusted to United States quality and location, with the adjustment to include— (i) a reduction equal to any United States Premium Factor for upland cotton of a quality higher than Middling (M) 1 3/32 -inch; and (ii) the average costs to market the commodity, including average transportation costs, as determined by the Secretary; and (B) may be further adjusted, during the period beginning on the date of enactment of this Act and ending on July 31, 2019, if the Secretary determines the adjustment is necessary— (i) to minimize potential loan forfeitures; (ii) to minimize the accumulation of stocks of upland cotton by the Federal Government; (iii) to ensure that upland cotton produced in the United States can be marketed freely and competitively, both domestically and internationally; and (iv) to ensure an appropriate transition between current-crop and forward-crop price quotations, except that the Secretary may use forward-crop price quotations prior to July 31 of a marketing year only if— (I) there are insufficient current-crop price quotations; and (II) the forward-crop price quotation is the lowest such quotation available. (3) Guidelines for additional adjustments In making adjustments under this subsection, the Secretary shall establish a mechanism for determining and announcing the adjustments in order to avoid undue disruption in the United States market. (f) Repayment rates for confectionery and other kinds of sunflower seeds The Secretary shall permit the producers on a farm to repay a marketing assistance loan under section 1201 for confectionery and each other kind of sunflower seed (other than oil sunflower seed) at a rate that is the lesser of— (1) the loan rate established for the commodity under section 1202, plus interest (determined in accordance with section 163 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7283 )); or (2) the repayment rate established for oil sunflower seed. (g) Payment of cotton storage costs Effective for each of the 2014 through 2018 crop years, the Secretary shall make cotton storage payments available in the same manner, and at the same rates as the Secretary provided storage payments for the 2006 crop of cotton, except that the rates shall be reduced by 10 percent. (h) Repayment rate for peanuts The Secretary shall permit producers on a farm to repay a marketing assistance loan for peanuts under section 1201 at a rate that is the lesser of— (1) the loan rate established for peanuts under section 1202(a)(20), plus interest (determined in accordance with section 163 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7283 )); or (2) a rate that the Secretary determines will— (A) minimize potential loan forfeitures; (B) minimize the accumulation of stocks of peanuts by the Federal Government; (C) minimize the cost incurred by the Federal Government in storing peanuts; and (D) allow peanuts produced in the United States to be marketed freely and competitively, both domestically and internationally. (i) Authority to temporarily adjust repayment rates (1) Adjustment authority In the event of a severe disruption to marketing, transportation, or related infrastructure, the Secretary may modify the repayment rate otherwise applicable under this section for marketing assistance loans under section 1201 for a loan commodity. (2) Duration Any adjustment made under paragraph (1) in the repayment rate for marketing assistance loans for a loan commodity shall be in effect on a short-term and temporary basis, as determined by the Secretary. 1205. Loan deficiency payments (a) Availability of loan deficiency payments (1) In general Except as provided in subsection (d), the Secretary may make loan deficiency payments available to producers on a farm that, although eligible to obtain a marketing assistance loan under section 1201 with respect to a loan commodity, agree to forgo obtaining the loan for the commodity in return for loan deficiency payments under this section. (2) Unshorn pelts, hay, and silage (A) Marketing assistance loans Subject to subparagraph (B), nongraded wool in the form of unshorn pelts and hay and silage derived from a loan commodity are not eligible for a marketing assistance loan under section 1201. (B) Loan deficiency payment Effective for the 2014 through 2018 crop years, the Secretary may make loan deficiency payments available under this section to producers on a farm that produce unshorn pelts or hay and silage derived from a loan commodity. (b) Computation A loan deficiency payment for a loan commodity or commodity referred to in subsection (a)(2) shall be equal to the product obtained by multiplying— (1) the payment rate determined under subsection (c) for the commodity; by (2) the quantity of the commodity produced by the eligible producers, excluding any quantity for which the producers obtain a marketing assistance loan under section 1201. (c) Payment rate (1) In general In the case of a loan commodity, the payment rate shall be the amount by which— (A) the loan rate established under section 1202 for the loan commodity; exceeds (B) the rate at which a marketing assistance loan for the loan commodity may be repaid under section 1204. (2) Unshorn pelts In the case of unshorn pelts, the payment rate shall be the amount by which— (A) the loan rate established under section 1202 for ungraded wool; exceeds (B) the rate at which a marketing assistance loan for ungraded wool may be repaid under section 1204. (3) Hay and silage In the case of hay or silage derived from a loan commodity, the payment rate shall be the amount by which— (A) the loan rate established under section 1202 for the loan commodity from which the hay or silage is derived; exceeds (B) the rate at which a marketing assistance loan for the loan commodity may be repaid under section 1204. (d) Exception for extra long staple cotton This section shall not apply with respect to extra long staple cotton. (e) Effective date for payment rate determination The Secretary shall determine the amount of the loan deficiency payment to be made under this section to the producers on a farm with respect to a quantity of a loan commodity or commodity referred to in subsection (a)(2) using the payment rate in effect under subsection (c) as of the date the producers request the payment. 1206. Payments in lieu of loan deficiency payments for grazed acreage (a) Eligible producers (1) In general Effective for the 2014 through 2018 crop years, in the case of a producer that would be eligible for a loan deficiency payment under section 1205 for wheat, barley, or oats, but that elects to use acreage planted to the wheat, barley, or oats for the grazing of livestock, the Secretary shall make a payment to the producer under this section if the producer enters into an agreement with the Secretary to forgo any other harvesting of the wheat, barley, or oats on that acreage. (2) Grazing of triticale acreage Effective for the 2014 through 2018 crop years, with respect to a producer on a farm that uses acreage planted to triticale for the grazing of livestock, the Secretary shall make a payment to the producer under this section if the producer enters into an agreement with the Secretary to forgo any other harvesting of triticale on that acreage. (b) Payment amount (1) In general The amount of a payment made under this section to a producer on a farm described in subsection (a)(1) shall be equal to the amount determined by multiplying— (A) the loan deficiency payment rate determined under section 1205(c) in effect, as of the date of the agreement, for the county in which the farm is located; by (B) the payment quantity determined by multiplying— (i) the quantity of the grazed acreage on the farm with respect to which the producer elects to forgo harvesting of wheat, barley, or oats; and (ii) (I) the payment yield in effect for the calculation of price loss coverage under subtitle A with respect to that loan commodity on the farm; or (II) in the case of a farm without a payment yield for that loan commodity, an appropriate yield established by the Secretary in a manner consistent with section 1106(c) of this Act. (2) Grazing of triticale acreage The amount of a payment made under this section to a producer on a farm described in subsection (a)(2) shall be equal to the amount determined by multiplying— (A) the loan deficiency payment rate determined under section 1205(c) in effect for wheat, as of the date of the agreement, for the county in which the farm is located; by (B) the payment quantity determined by multiplying— (i) the quantity of the grazed acreage on the farm with respect to which the producer elects to forgo harvesting of triticale; and (ii) (I) the payment yield in effect for the calculation of price loss coverage under subtitle A with respect to wheat on the farm; or (II) in the case of a farm without a payment yield for wheat, an appropriate yield established by the Secretary in a manner consistent with section 1106(c) of this Act. (c) Time, manner, and availability of payment (1) Time and manner A payment under this section shall be made at the same time and in the same manner as loan deficiency payments are made under section 1205. (2) Availability (A) In general The Secretary shall establish an availability period for the payments authorized by this section. (B) Certain commodities In the case of wheat, barley, and oats, the availability period shall be consistent with the availability period for the commodity established by the Secretary for marketing assistance loans authorized by this subtitle. (d) Prohibition on crop insurance indemnity or noninsured crop assistance A 2014 through 2018 crop of wheat, barley, oats, or triticale planted on acreage that a producer elects, in the agreement required by subsection (a), to use for the grazing of livestock in lieu of any other harvesting of the crop shall not be eligible for an indemnity under a policy or plan of insurance authorized under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ) or noninsured crop assistance under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333 ). 1207. Special marketing loan provisions for upland cotton (a) Special import quota (1) Definition of special import quota In this subsection, the term special import quota means a quantity of imports that is not subject to the over-quota tariff rate of a tariff-rate quota. (2) Establishment (A) In general The President shall carry out an import quota program during the period beginning on August 1, 2014, and ending on July 31, 2019, as provided in this subsection. (B) Program requirements Whenever the Secretary determines and announces that for any consecutive 4-week period, the Friday through Thursday average price quotation for the lowest-priced United States growth, as quoted for Middling (M) 1 3/32 -inch cotton, delivered to a definable and significant international market, as determined by the Secretary, exceeds the prevailing world market price, there shall immediately be in effect a special import quota. (3) Quantity The quota shall be equal to the consumption during a 1-week period of cotton by domestic mills at the seasonally adjusted average rate of the most recent 3 months for which official data of the Department of Agriculture are available or, in the absence of sufficient data, as estimated by the Secretary. (4) Application The quota shall apply to upland cotton purchased not later than 90 days after the date of the Secretary’s announcement under paragraph (2) and entered into the United States not later than 180 days after that date. (5) Overlap A special quota period may be established that overlaps any existing quota period if required by paragraph (2), except that a special quota period may not be established under this subsection if a quota period has been established under subsection (b). (6) Preferential tariff treatment The quantity under a special import quota shall be considered to be an in-quota quantity for purposes of— (A) section 213(d) of the Caribbean Basin Economic Recovery Act ( 19 U.S.C. 2703(d) ); (B) section 204 of the Andean Trade Preference Act ( 19 U.S.C. 3203 ); (C) section 503(d) of the Trade Act of 1974 ( 19 U.S.C. 2463(d) ); and (D) General Note 3(a)(iv) to the Harmonized Tariff Schedule. (7) Limitation The quantity of cotton entered into the United States during any marketing year under the special import quota established under this subsection may not exceed the equivalent of 10 week’s consumption of upland cotton by domestic mills at the seasonally adjusted average rate of the 3 months immediately preceding the first special import quota established in any marketing year. (b) Limited global import quota for upland cotton (1) Definitions In this subsection: (A) Demand The term demand means— (i) the average seasonally adjusted annual rate of domestic mill consumption of cotton during the most recent 3 months for which official data of the Department of Agriculture are available or, in the absence of sufficient data, as estimated by the Secretary; and (ii) the larger of— (I) average exports of upland cotton during the preceding 6 marketing years; or (II) cumulative exports of upland cotton plus outstanding export sales for the marketing year in which the quota is established. (B) Limited global import quota The term limited global import quota means a quantity of imports that is not subject to the over-quota tariff rate of a tariff-rate quota. (C) Supply The term supply means, using the latest official data of the Department of Agriculture— (i) the carry-over of upland cotton at the beginning of the marketing year (adjusted to 480-pound bales) in which the quota is established; (ii) production of the current crop; and (iii) imports to the latest date available during the marketing year. (2) Program The President shall carry out an import quota program that provides that whenever the Secretary determines and announces that the average price of the base quality of upland cotton, as determined by the Secretary, in the designated spot markets for a month exceeded 130 percent of the average price of the quality of cotton in the markets for the preceding 36 months, notwithstanding any other provision of law, there shall immediately be in effect a limited global import quota subject to the following conditions: (A) Quantity The quantity of the quota shall be equal to 21 days of domestic mill consumption of upland cotton at the seasonally adjusted average rate of the most recent 3 months for which official data of the Department of Agriculture are available or, in the absence of sufficient data, as estimated by the Secretary. (B) Quantity if prior quota If a quota has been established under this subsection during the preceding 12 months, the quantity of the quota next established under this subsection shall be the smaller of 21 days of domestic mill consumption calculated under subparagraph (A) or the quantity required to increase the supply to 130 percent of the demand. (C) Preferential tariff treatment The quantity under a limited global import quota shall be considered to be an in-quota quantity for purposes of— (i) section 213(d) of the Caribbean Basin Economic Recovery Act ( 19 U.S.C. 2703(d) ); (ii) section 204 of the Andean Trade Preference Act ( 19 U.S.C. 3203 ); (iii) section 503(d) of the Trade Act of 1974 ( 19 U.S.C. 2463(d) ); and (iv) General Note 3(a)(iv) to the Harmonized Tariff Schedule. (D) Quota entry period When a quota is established under this subsection, cotton may be entered under the quota during the 90-day period beginning on the date the quota is established by the Secretary. (3) No overlap Notwithstanding paragraph (2), a quota period may not be established that overlaps an existing quota period or a special quota period established under subsection (a). (c) Economic adjustment assistance to users of upland cotton (1) In general Subject to paragraph (2), the Secretary shall, on a monthly basis, make economic adjustment assistance available to domestic users of upland cotton in the form of payments for all documented use of that upland cotton during the previous monthly period regardless of the origin of the upland cotton. (2) Value of assistance Effective beginning on August 1, 2013, the value of the assistance provided under paragraph (1) shall be 3 cents per pound. (3) Allowable purposes Economic adjustment assistance under this subsection shall be made available only to domestic users of upland cotton that certify that the assistance shall be used only to acquire, construct, install, modernize, develop, convert, or expand land, plant, buildings, equipment, facilities, or machinery. (4) Review or audit The Secretary may conduct such review or audit of the records of a domestic user under this subsection as the Secretary determines necessary to carry out this subsection. (5) Improper use of assistance If the Secretary determines, after a review or audit of the records of the domestic user, that economic adjustment assistance under this subsection was not used for the purposes specified in paragraph (3), the domestic user shall be— (A) liable for the repayment of the assistance to the Secretary, plus interest, as determined by the Secretary; and (B) ineligible to receive assistance under this subsection for a period of 1 year following the determination of the Secretary. 1208. Special competitive provisions for extra long staple cotton (a) Competitiveness program Notwithstanding any other provision of law, during the period beginning on the date of enactment of this Act through July 31, 2019, the Secretary shall carry out a program— (1) to maintain and expand the domestic use of extra long staple cotton produced in the United States; (2) to increase exports of extra long staple cotton produced in the United States; and (3) to ensure that extra long staple cotton produced in the United States remains competitive in world markets. (b) Payments under program; trigger Under the program, the Secretary shall make payments available under this section whenever— (1) for a consecutive 4-week period, the world market price for the lowest priced competing growth of extra long staple cotton (adjusted to United States quality and location and for other factors affecting the competitiveness of such cotton), as determined by the Secretary, is below the prevailing United States price for a competing growth of extra long staple cotton; and (2) the lowest priced competing growth of extra long staple cotton (adjusted to United States quality and location and for other factors affecting the competitiveness of such cotton), as determined by the Secretary, is less than 134 percent of the loan rate for extra long staple cotton. (c) Eligible recipients The Secretary shall make payments available under this section to domestic users of extra long staple cotton produced in the United States and exporters of extra long staple cotton produced in the United States that enter into an agreement with the Commodity Credit Corporation to participate in the program under this section. (d) Payment amount Payments under this section shall be based on the amount of the difference in the prices referred to in subsection (b)(1) during the fourth week of the consecutive 4-week period multiplied by the amount of documented purchases by domestic users and sales for export by exporters made in the week following such a consecutive 4-week period. 1209. Availability of recourse loans for high moisture feed grains and seed cotton (a) High moisture feed grains (1) Definition of high moisture state In this subsection, the term high moisture state means corn or grain sorghum having a moisture content in excess of Commodity Credit Corporation standards for marketing assistance loans made by the Secretary under section 1201. (2) Recourse loans available For each of the 2014 through 2018 crops of corn and grain sorghum, the Secretary shall make available recourse loans, as determined by the Secretary, to producers on a farm that— (A) normally harvest all or a portion of their crop of corn or grain sorghum in a high moisture state; (B) present— (i) certified scale tickets from an inspected, certified commercial scale, including a licensed warehouse, feedlot, feed mill, distillery, or other similar entity approved by the Secretary, pursuant to regulations issued by the Secretary; or (ii) field or other physical measurements of the standing or stored crop in regions of the United States, as determined by the Secretary, that do not have certified commercial scales from which certified scale tickets may be obtained within reasonable proximity of harvest operation; (C) certify that the producers on the farm were the owners of the feed grain at the time of delivery to, and that the quantity to be placed under loan under this subsection was in fact harvested on the farm and delivered to, a feedlot, feed mill, or commercial or on-farm high-moisture storage facility, or to a facility maintained by the users of corn and grain sorghum in a high moisture state; and (D) comply with deadlines established by the Secretary for harvesting the corn or grain sorghum and submit applications for loans under this subsection within deadlines established by the Secretary. (3) Eligibility of acquired feed grains A loan under this subsection shall be made on a quantity of corn or grain sorghum of the same crop acquired by the producer equivalent to a quantity determined by multiplying— (A) the acreage of the corn or grain sorghum in a high moisture state harvested on the farm of the producer; by (B) the lower of the farm program payment yield used to make payments under subtitle A or the actual yield on a field, as determined by the Secretary, that is similar to the field from which the corn or grain sorghum was obtained. (b) Recourse loans available for seed cotton For each of the 2014 through 2018 crops of upland cotton and extra long staple cotton, the Secretary shall make available recourse seed cotton loans, as determined by the Secretary, on any production. (c) Repayment rates Repayment of a recourse loan made under this section shall be at the loan rate established for the commodity by the Secretary, plus interest (determined in accordance with section 163 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7283 )). 1210. Adjustments of loans (a) Adjustment authority Subject to subsection (e), the Secretary may make appropriate adjustments in the loan rates for any loan commodity (other than cotton) for differences in grade, type, quality, location, and other factors. (b) Manner of adjustment The adjustments under subsection (a) shall, to the maximum extent practicable, be made in such a manner that the average loan level for the commodity will, on the basis of the anticipated incidence of the factors, be equal to the level of support determined in accordance with this subtitle and subtitle C. (c) Adjustment on county basis (1) In general The Secretary may establish loan rates for a crop for producers in individual counties in a manner that results in the lowest loan rate being 95 percent of the national average loan rate, if those loan rates do not result in an increase in outlays. (2) Prohibition Adjustments under this subsection shall not result in an increase in the national average loan rate for any year. (d) Adjustment in loan rate for cotton (1) In general The Secretary may make appropriate adjustments in the loan rate for cotton for differences in quality factors. (2) Types of adjustments Loan rate adjustments under paragraph (1) may include— (A) the use of non-spot market price data, in addition to spot market price data, that would enhance the accuracy of the price information used in determining quality adjustments under this subsection; (B) adjustments in the premiums or discounts associated with upland cotton with a staple length of 33 or above due to micronaire with the goal of eliminating any unnecessary artificial splits in the calculations of the premiums or discounts; and (C) such other adjustments as the Secretary determines appropriate, after consultations conducted in accordance with paragraph (3). (3) Consultation with private sector (A) Prior to revision In making adjustments to the loan rate for cotton (including any review of the adjustments) as provided in this subsection, the Secretary shall consult with representatives of the United States cotton industry. (B) Inapplicability of Federal Advisory Committee Act The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to consultations under this subsection. (4) Review of adjustments The Secretary may review the operation of the upland cotton quality adjustments implemented pursuant to this subsection and may make further adjustments to the administration of the loan program for upland cotton, by revoking or revising any adjustment taken under paragraph (2). (e) Rice The Secretary shall not make adjustments in the loan rates for long grain rice and medium grain rice, except for differences in grade and quality (including milling yields). C Sugar 1301. Sugar program (a) Continuation of current program and loan rates (1) Sugarcane Section 156(a)(5) of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7272(a)(5) ) is amended by striking the 2012 crop year and inserting each of the 2012 through 2018 crop years . (2) Sugar beets Section 156(b)(2) of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7272(b)(2) ) is amended by striking 2012 and inserting 2018 . (3) Effective period Section 156(i) of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7272(i) ) is amended by striking 2012 and inserting 2018 . (b) Flexible marketing allotments for sugar (1) Sugar estimates Section 359b(a)(1) of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1359bb(a)(1) ) is amended by striking 2012 and inserting 2018 . (2) Effective period Section 359l(a) of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1359ll(a) ) is amended by striking 2012 and inserting 2018 . D Dairy I Dairy producer margin protection and dairy market stabilization programs 1401. Definitions In this part: (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 section 1402. (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 determined by the Secretary. (3) Annual production history The term annual production history means the production history determined for a participating dairy producer under section 1413(b) whenever the dairy producer purchases supplemental margin protection. (4) 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 section 1402 using the sum of the following: (A) The product determined by multiplying 1.0728 by the price of corn per bushel. (B) The product determined by multiplying 0.00735 by the price of soybean meal per ton. (C) The product determined by multiplying 0.0137 by the price of alfalfa hay per ton. (5) Basic production history The term basic production history means the production history determined for a participating dairy producer under section 1413(a) for provision of basic margin protection. (6) Consecutive two-month period The term consecutive two-month period refers to the two-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. (7) Dairy producer (A) In general Subject to subparagraph (B), the term dairy producer means an individual or entity that directly or indirectly (as determined by the Secretary)— (i) shares in the risk of producing milk; and (ii) 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. (B) Additional ownership structures The Secretary shall determine additional ownership structures to be covered by the definition of dairy producer. (8) Handler (A) In general The term handler means the initial individual or entity making payment to a dairy producer for milk produced in the United States and marketed for commercial use. (B) Producer-handler The term includes a producer-handler when the producer satisfies the definition in subparagraph (A). (9) Margin protection program The term margin protection program means the dairy producer margin protection program required by subpart A. (10) Participating dairy producer The term participating dairy producer means a dairy producer that— (A) signs up under section 1412 to participate in the margin protection program under subpart A; and (B) as a result, also participates in the stabilization program under subpart B. (11) Stabilization program The term stabilization program means the dairy market stabilization program required by subpart B for all participating dairy producers. (12) Stabilization program base The term stabilization program base , with respect to a participating dairy producer, means the stabilization program base calculated for the producer under section 1431(b). (13) United States The term United States , in a geographical sense, means the 50 States, the District of Columbia, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, and any other territory or possession of the United States. 1402. Calculation of average feed cost and actual dairy producer margins (a) Calculation of average feed cost The Secretary shall calculate the national average feed cost for each month using the following data: (1) The price of corn for a month shall be the price received during that month by farmers in the United States for corn, as reported in the monthly Agricultural Prices report by the Secretary. (2) 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. (3) The price of alfalfa hay for a month shall be the price received during that month by farmers in the United States for alfalfa hay, as reported in the monthly Agricultural Prices report by the Secretary. (b) Calculation of actual dairy producer margins (1) Margin protection program For use in the margin protection program under subpart A, the Secretary shall calculate the actual dairy producer margin for each consecutive two-month period by subtracting— (A) the average feed cost for that consecutive two-month period, determined in accordance with subsection (a); from (B) the all-milk price for that consecutive two-month period. (2) Stabilization program For use in the stabilization program under subpart B, the Secretary shall calculate each month the actual dairy producer margin for the preceding month by subtracting— (A) the average feed cost for that preceding month, determined in accordance with subsection (a); from (B) the all-milk price for that preceding month. (3) Time for calculations The calculations required by paragraphs (1) and (2) shall be made as soon as practicable each month using the full month price of the applicable reference month, but in no case shall the calculation be made later than the last business day of the month. A Dairy producer margin protection program 1411. Establishment of dairy producer margin protection program The Secretary shall establish and administer a dairy producer margin protection program for the purpose of protecting dairy producer income by paying participating dairy producers— (1) basic margin protection payments when actual dairy producer margins are less than the threshold levels for such payments; and (2) supplemental margin protection payments if purchased by a participating dairy producer. 1412. Participation of dairy producers in margin protection program (a) Eligibility All dairy producers in the United States are eligible to participate in the margin protection program, except that a dairy producer must sign up with the Secretary before the producer may receive— (1) basic margin protection payments under section 1414; and (2) if the dairy producer purchases supplemental margin protection under section 1415, supplemental margin protection payments under such section. (b) Sign-up process (1) In General The Secretary shall allow all interested dairy producers to sign up to participate in the margin protection program. The Secretary shall specify the manner and form by which a dairy producer must sign up to participate in the margin protection program. (2) Treatment of Multi-Producer Operations If a dairy operation consists of more than one dairy producer, all of the dairy producers of the operation shall be treated as a single dairy producer for purposes of— (A) registration to receive basic margin protection and purchase supplemental margin protection; (B) payment of the administrative fee under subsection (e) and producer premiums under section 1415; and (C) participation in the stabilization program under subpart B. (3) Treatment of Producers with Multiple Dairy Operations If a dairy producer operates two or more dairy operations, each dairy operation of the producer shall require a separate registration to receive basic margin protection and purchase supplemental margin protection. Only those dairy operations so registered shall be subject to the stabilization program. (c) Time for sign up (1) Existing Dairy Producers During the one-year period beginning on the date of the initiation of the sign-up period for the margin protection program, a dairy producer that is actively engaged in a dairy operation as of such date may sign up with the Secretary— (A) to receive basic margin protection; and (B) if the producer elects, to purchase supplemental margin protection. (2) New Entrants A dairy producer that has no existing interest in a dairy operation as of the date of the initiation of the sign-up period for the margin protection program, but that, after such date, establishes a new dairy operation, may sign up with the Secretary during the one year period beginning on the date on which the dairy operation first markets milk commercially— (A) to receive basic margin protection; and (B) if the producer elects, to purchase supplemental margin protection. (d) Retroactivity provision (1) Notice of availability of retroactive protection Not later than 30 days after the effective date of this subtitle, the Secretary shall publish a notice in the Federal Register to inform dairy producers of the availability of retroactive basic margin protection and retroactive supplemental margin protection, 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)— (A) to participate in the margin protection program and receive basic margin protection; and (B) at the election of the producer under paragraph (3), to also obtain supplemental margin protection. (2) Retroactive basic margin protection (A) Availability If a dairy producer files a notice of intent under paragraph (1) to participate in the margin protection program before the initiation of the sign-up period for the margin protection program and subsequently signs up for the margin protection program, the producer shall receive basic margin protection retroactive to the effective date of this subtitle. (B) Duration Retroactive basic margin protection under this paragraph for a dairy producer shall apply from the effective date of this subtitle until the date on which the producer signs up for the margin protection program. (3) Retroactive supplemental margin protection (A) Availability Subject to subparagraphs (B) and (C), if a dairy producer files a notice of intent under paragraph (1) to participate in the margin protection program and obtain supplemental margin protection and subsequently signs up for the margin protection program, the producer shall receive supplemental margin protection, in addition to the basic margin protection under paragraph (2), retroactive to the effective date of this subtitle. (B) Deadline for submission A notice of intent to obtain retroactive supplemental margin protection must be filed with the Secretary no later than the earlier of the following: (i) 150 days after the date on which the Secretary publishes the notice in the Federal Register required by paragraph (1). (ii) The date on which the Secretary initiates the sign up period for the margin protection program. (C) Election of coverage level and percentage of coverage To be sufficient to obtain retroactive supplemental margin protection, the notice of intent to participate filed by a dairy producer must specify— (i) a selected coverage level that is higher, in any increment of $0.50, than the payment threshold for basic margin protection specified in section 1414(b), but not to exceed $6.00; and (ii) the percentage of coverage, subject to limits imposed in section 1415(c). (D) Duration The coverage level and percentage specified in the notice of intent to participate filed by a dairy producer shall apply from the effective date of this subtitle until the later of the following: (i) October 1, 2013. (ii) The date on which the Secretary initiates the sign-up period for the margin protection program. (4) Notice of intent and obligation to participate in margin protection program In no way does filing a notice of intent under this subsection obligate a dairy producer to sign up for the margin protection program once the program rules are final, but if a producer does file a notice of intent and subsequently signs up for the margin protection program, that dairy producer is obligated to pay fees and premiums for any retroactive basic margin protection or retroactive supplemental margin protection selected in the notice of intent. (e) Administrative fee (1) Administrative fee required A dairy producer shall pay an administrative fee under this subsection to sign up to participate in the margin protection program. The participating dairy producer shall pay the administrative fee annually thereafter to continue to participate in the margin protection program. (2) Fee amount The administrative fee for a participating dairy producer for a calendar year is based on the pounds of milk (in millions) marketed by the dairy producer in the previous calendar year, as follows: Pounds Marketed (in millions) Admin. Fee less than 1 $100 1 to 10 $250 more than 10 to 40 $500 more than 40 $1000 (3) Deposit of Fees All administrative fees collected under this subsection shall be credited to the fund or account used to cover the costs incurred to administer the margin protection program and the stabilization program and shall be available to the Secretary, without further appropriation and until expended, for use or transfer as provided in paragraph (4). (4) Use of Fees The Secretary shall use administrative fees collected under this subsection— (A) to cover administrative costs of the margin protection program and stabilization program; and (B) to the extent funds remain available after operation of subparagraphs (A), to cover costs of the Department of Agriculture relating to reporting of dairy market news and to carry out section 273 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1637b ). (f) Reconstitution The Secretary shall prohibit a dairy producer from reconstituting a dairy operation for the sole purpose of the dairy producer— (1) receiving basic margin protection; (2) purchasing supplemental margin protection; or (3) avoiding participation in the stabilization program. (g) Priority consideration A dairy operation that participates in the margin protection program shall be eligible to participate in the livestock gross margin for dairy program under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ) only after operations that are not participating in the production margin protection program are enrolled. 1413. Production history of participating dairy producers (a) Production history for basic margin protection (1) Determination required For purposes of providing basic margin protection, the Secretary shall determine the basic production history of the dairy operation of each participating dairy producer in the margin protection program. (2) Calculation Except as provided in paragraph (3), the basic production history of a participating dairy producer for basic margin protection is equal to the highest annual milk marketings of the dairy producer during any one of the three calendar years immediately preceding the calendar year in which the dairy producer first signed up to participate in the margin protection program. (3) Election by new producers If a participating dairy producer has been in operation for less than a year, the dairy producer shall elect one of the following methods for the Secretary to determine the basic production history of the dairy producer: (A) The volume of the actual milk marketings for the months the dairy producer has been in operation extrapolated to a yearly amount. (B) An estimate of the actual milk marketings of the dairy producer based on the herd size of the producer relative to the national rolling herd average data published by the Secretary. (4) No change in production history for basic margin protection Once the basic production history of a participating dairy producer is determined under paragraph (2) or (3), the basic production history shall not be subsequently changed for purposes of determining the amount of any basic margin protection payments for the dairy producer made under section 1414. (b) Annual production history for supplemental margin protection (1) Determination required For purposes of providing supplemental margin protection for a participating dairy producer that purchases supplemental margin protection for a year under section 1415, the Secretary shall determine the annual production history of the dairy operation of the dairy producer under paragraph (2). (2) Calculation The annual production history of a participating dairy producer for a year is equal to the actual milk marketings of the dairy producer during the preceding calendar year. (3) New producers Subsection (a)(3) shall apply with respect to determining the annual production history of a participating dairy producer that has been in operation for less than a year. (c) Required information A participating dairy producer shall provide all information that the Secretary may require in order to establish— (1) the basic production history of the dairy operation of the dairy producer under subsection (a); and (2) the production history of the dairy operation of the dairy producer whenever the producer purchases supplemental margin protection under section 1415. (d) Transfer of production histories (1) Transfer by sale or lease In promulgating the rules to initiate the margin protection program, the Secretary shall specify the conditions under which and the manner by which the production history of a dairy operation may be transferred by sale or lease. (2) Coverage level (A) Basic margin protection A purchaser or lessee to whom the Secretary transfers a basic production history under this subsection shall not obtain a different level of basic margin protection than the basic margin protection coverage held by the seller or lessor from whom the transfer was obtained. (B) Supplemental margin protection A purchaser or lessee to whom the Secretary transfers an annual production history under this subsection shall not obtain a different level of supplemental margin protection coverage than the supplemental margin protection coverage in effect for the seller or lessor from whom the transfer was obtained for the calendar year in which the transfer was made. (e) Movement and transfer of production history (1) Movement and transfer authorized Subject to paragraph (2), if a dairy producer moves from one location to another location, the dairy producer may maintain the basic production history and annual production history associated with the operation. (2) Notification requirement A dairy producer shall notify the Secretary of any move of a dairy operation under paragraph (1). (3) Subsequent occupation of vacated location A party subsequently occupying a dairy operation location vacated as described in paragraph (1) shall have no interest in the basic production history or annual production history previously associated with the operation at such location. 1414. Basic margin protection (a) Eligibility All participating dairy producers are eligible to receive basic margin protection under the margin protection program. (b) Payment threshold Participating dairy producers shall receive a basic margin protection payment whenever the average actual dairy producer margin for a consecutive two-month period is less than $4.00 per hundredweight of milk. (c) Basic margin protection payment (1) Payment required The Secretary shall make a basic margin protection payment to each participating dairy producer whenever such a payment is required by subsection (b). (2) Amount of payment The basic margin protection payment for the dairy operation of a participating dairy producer for a consecutive two-month period shall be determined as follows: (A) The Secretary shall calculate the difference between the average actual dairy producer margin for the consecutive two-month period and $4.00, except that, if the difference is more than $4.00, the Secretary shall use $4.00. (B) The Secretary shall multiply the amount under subparagraph (A) by the lesser of the following: (i) 80 percent of the production history of the dairy producer, divided by six. (ii) The actual amount of milk marketed by the dairy operation of the dairy producer during the consecutive two-month period. 1415. Supplemental margin protection (a) Election of supplemental margin protection Supplemental margin protection is available only on an annual basis. A participating dairy producer may annually purchase supplemental margin protection to protect, during the calendar year for which purchased, a higher level of the income of a participating dairy producer than the income level guaranteed by basic margin protection under section 1414. (b) Selection of payment threshold A participating dairy producer purchasing supplemental margin protection for a year shall elect a coverage level that is higher, in any increment of $0.50, than the payment threshold for basic margin protection specified in section 1414(b), but not to exceed $8.00. (c) Selection of coverage percentage A participating dairy producer purchasing supplemental margin protection for a year shall elect a percentage of coverage equal to not more than 90 percent, nor less than 25 percent, of the annual production history of the dairy operation of the participating dairy producer. (d) Producer Premiums for supplemental margin protection (1) Premiums required A participating dairy producer that purchases supplemental margin protection shall pay an annual premium equal to the product obtained by multiplying— (A) the percentage selected by the dairy producer under subsection (c); (B) the annual production history of the dairy producer; and (C) the premium per hundredweight of milk, as specified in the applicable table under paragraph (2) or (3). (2) 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 producer, the premium per hundredweight corresponding to each coverage level specified in the following table is as follows: Coverage Level Premium per Cwt. $4.50 $0.01 $5.00 $0.025 $5.50 $0.04 $6.00 $0.065 $6.50 $0.09 $7.00 $0.434 $7.50 $0.590 $8.00 $0.922 (3) 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 producer, the premium per hundredweight corresponding to each coverage level is as follows: Coverage Level Premium per Cwt. $4.50 $0.015 $5.00 $0.036 $5.50 $0.081 $6.00 $0.155 $6.50 $0.230 $7.00 $0.434 $7.50 $0.590 $8.00 $0.922 (4) Time for payment In promulgating the rules to initiate the margin protection program, the Secretary shall provide more than one method by which a participating dairy producer that purchases supplemental margin protection for a calendar year may pay the premium under this subsection for that year that maximizes producer payment flexibility and program integrity. (e) Producer’s Premium Obligations (1) Pro-ration of premium for new producers A dairy producer described in section 1412(c)(2) that purchases supplemental margin protection for a calendar year after the start of the calendar year shall pay a pro-rated premium for that calendar year based on the portion of the calendar year for which the producer purchases the coverage. (2) Legal obligation A participating dairy producer that purchases supplemental margin protection for a calendar year shall be legally obligated to pay the applicable premium for that calendar year, except that, if the dairy producer retires, the producer may request that Secretary cancel the supplemental margin protection 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 seven years. (f) Supplemental Payment threshold A participating dairy producer with supplemental margin protection shall receive a supplemental margin protection payment whenever the average actual dairy producer margin for a consecutive two-month period is less than the coverage level threshold selected by the dairy producer under subsection (b). (g) Supplemental margin protection payments (1) In general The supplemental margin protection payment for a participating dairy producer is in addition to the basic margin protection payment. (2) Amount of payment The supplemental margin protection payment for the dairy operation of a participating dairy producer shall be determined as follows: (A) The Secretary shall calculate the difference between the coverage level threshold selected by the dairy producer under subsection (b) and the greater of— (i) the average actual dairy producer margin for the consecutive two-month period; or (ii) $4.00. (B) The amount determined under subparagraph (A) shall be multiplied by the percentage selected by the participating dairy producer under subsection (c) and by the lesser of the following: (i) The annual production history of the dairy operation of the dairy producer, divided by six. (ii) The actual amount of milk marketed by the dairy operation of the dairy producer during the consecutive two-month period. 1416. Effect of failure to pay administrative fees or premiums (a) Loss of benefits A participating dairy producer that fails to pay the required administrative fee under section 1412 or is in arrears on premium payments for supplemental margin protection under section 1415— (1) remains legally obligated to pay the administrative fee or premiums, as the case may be; and (2) may not receive basic margin protection payments or supplemental margin protection payments until the fees or premiums are fully paid. (b) Enforcement The Secretary may take such action as necessary to collect administrative fees and premium payments for supplemental margin protection. B Dairy Market Stabilization Program 1431. Establishment of dairy market stabilization program (a) Program required; purpose The Secretary shall establish and administer a dairy market stabilization program applicable to participating dairy producers for the purpose of assisting in balancing the supply of milk with demand when dairy producers are experiencing low or negative operating margins. (b) Election of stabilization program base calculation method (1) Election When a dairy producer signs up under section 1412 to participate in the margin protection program, the dairy producer shall inform the Secretary of the method by which the stabilization program base for the dairy producer for fiscal year 2013 will be calculated under paragraph (3). (2) Change in calculation method A participating dairy producer may change the stabilization program base calculation method to be used for a calendar year by notifying the Secretary of the change not later than a date determined by the Secretary. (3) Calculation methods A participating dairy producer may elect either of the following methods for calculation of the stabilization program base for the producer: (A) The volume of the average monthly milk marketings of the dairy producer for the three months immediately preceding the announcement by the Secretary that the stabilization program will become effective. (B) The volume of the monthly milk marketings of the dairy producer for the same month in the preceding year as the month for which the Secretary has announced the stabilization program will become effective. 1432. Threshold for implementation and reduction in dairy producer payments (a) When stabilization program required Except as provided in subsection (b), the Secretary shall announce that the stabilization program is in effect and order reduced payments for any participating dairy producer that exceeds the applicable percentage of the producer’s stabilization program base whenever— (1) the actual dairy producer margin has been $6.00 or less per hundredweight of milk for each of the immediately preceding two months; or (2) the actual dairy producer margin has been $4.00 or less per hundredweight of milk for the immediately preceding month. (b) Exception The Secretary shall not make the announcement under subsection (a) to implement the stabilization program or order reduced payments if any of the conditions described in section 1436(b) have been met during the two months immediately preceding the month in which the announcement under subsection (a) would otherwise be made by the Secretary in the absence of this exception. (c) Effective date for implementation of payment reductions Reductions in dairy producer payments shall commence beginning on the first day of the month immediately following the date of the announcement by the Secretary under subsection (a). 1433. Producer milk marketing information (a) Collection of milk marketing data The Secretary shall establish, by regulation, a process to collect from participating dairy producers and handlers such information that the Secretary considers necessary for each month during which the stabilization program is in effect. (b) Reduce regulatory burden When implementing the process under subsection (a), the Secretary shall minimize the regulatory burden on dairy producers and handlers. 1434. Calculation and collection of reduced dairy producer payments (a) Reduced producer payments required During any month in which payment reductions are in effect under the stabilization program, each handler shall reduce payments to each participating dairy producer from whom the handler receives milk. (b) Reductions based on actual dairy producer margin (1) Reduction requirement 1 Unless the reduction required by paragraph (2) or (3) applies, when the actual dairy producer margin has been $6.00 or less per hundredweight of milk for two consecutive months, the handler shall make payments to a participating dairy producer for a month based on the greater of the following: (A) 98 percent of the stabilization program base of the dairy producer. (B) 94 percent of the marketings of milk for the month by the producer. (2) Reduction requirement 2 Unless the reduction required by paragraph (3) applies, when the actual dairy producer margin has been $5.00 or less per hundredweight of milk for two consecutive months, the handler shall make payments to a participating dairy producer for a month based on the greater of the following: (A) 97 percent of the stabilization program base of the dairy producer. (B) 93 percent of the marketings of milk for the month by the producer. (3) Reduction requirement 3 When the actual dairy producer margin has been $4.00 or less for any one month, the handler shall make payments to a participating dairy producer for a month based on the greater of the following: (A) 96 percent of the stabilization program base of the dairy producer. (B) 92 percent of the marketings of milk for the month by the producer. (c) Continuation of reductions The largest level of payment reduction required under paragraph (1), (2), or (3) of subsection (b) shall be continued for each month until the Secretary suspends the stabilization program and terminates payment reductions in accordance with section 1436. (d) Payment reduction exception Notwithstanding any preceding subsection of this section, a handler shall make no payment reductions for a dairy producer for a month if the producer’s milk marketings for the month are equal to or less than the percentage of the stabilization program base applicable to the producer under paragraph (1), (2), or (3) of subsection (b). 1435. Remitting monies to the Secretary and use of monies (a) Remitting monies As soon as practicable after the end of each month during which payment reductions are in effect under the stabilization program, each handler shall remit to the Secretary an amount equal to the amount by which payments to participating dairy producers are reduced by the handler under section 1434. (b) Deposit of monies All monies received under subsection (a) shall be available to the Secretary, without further appropriation and until expended, for use or transfer as provided in subsection (c). (c) Use of monies (1) Availability for certain commodity donations Within three months of the receipt of monies under subsection (a), the Secretary shall obligate the monies for the purpose of— (A) purchasing dairy products for donation to food banks and other programs that the Secretary determines appropriate; and (B) expanding consumption and building demand for dairy products. (2) No duplication of effort The Secretary shall ensure that expenditures under paragraph (1) are compatible with, and do not duplicate, programs supported by the dairy research and promotion activities conducted under the Dairy Production Stabilization Act of 1983 ( 7 U.S.C. 4501 et seq. ). (3) Accounting The Secretary shall keep an accurate account of all monies obligated under paragraph (1). (d) Annual Report Not later than December 31 of each year that the stabilization program is in effect, 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 that provides an accurate accounting of— (1) the monies received by the Secretary during the preceding fiscal year under subsection (a); and (2) all expenditures made by the Secretary under subsection (b) during the preceding fiscal year. (e) Enforcement If a participating dairy producer or handler fails to remit or collect the amounts by which payments to participating dairy producers are reduced under section 1434, the producer or handler responsible for the failure shall be liable to the Secretary for the amount that should have been remitted or collected, plus interest. In addition to the enforcement authorities available under section 1437, the Secretary may enforce this subsection in the courts of the United States. 1436. Suspension of reduced payment requirement (a) Determination of prices For purposes of this section: (1) The price in the United States for cheddar cheese and nonfat dry milk shall be determined by the Secretary. (2) The world price of cheddar cheese and skim milk powder shall be determined by the Secretary. (b) Initial suspension thresholds The Secretary shall announce that the stabilization program shall be suspended whenever the Secretary determines that— (1) the actual dairy producer margin is greater than $6.00 per hundredweight of milk for two consecutive months; (2) the dairy producer margin is equal to or less than $6.00 (but greater than $5.00) for two consecutive months, and during the same two consecutive months— (A) the price in the United States for cheddar cheese is equal to or greater than the world price of cheddar cheese; or (B) the price in the United States for nonfat dry milk is equal to or greater than the world price of skim milk powder; (3) the dairy producer margin is equal to or less than $5.00 (but greater than $4.00) for two consecutive months, and during the same two consecutive months— (A) the price in the United States for cheddar cheese is more than 5 percent above the world price of cheddar cheese; or (B) the price in the United States for nonfat dry milk is more than 5 percent above the world price of skim milk powder; or (4) the dairy producer margin is equal to or less than $4.00 for two consecutive months, and during the same two consecutive months— (A) the price in the United States for cheddar cheese is more than 7 percent above the world price of cheddar cheese; or (B) the price in the United States for nonfat dry milk is more than 7 percent above the world price of skim milk powder. (c) Enhanced suspension thresholds If the stabilization program is not suspended pursuant to subsection (b) for six consecutive months or more, the stabilization program shall be suspended whenever the Secretary determines that— (1) the actual dairy producer margin is greater than $6.00 per hundredweight of milk for two consecutive months; (2) the dairy producer margin is equal to or less than $6.00 (but greater than $5.00) for two consecutive months, and during the same two consecutive months— (A) the price in the United States for cheddar cheese is not less than 97 percent of the world price of cheddar cheese; or (B) the price in the United States for non-fat dry milk is not less than 97 percent of the world price of skim milk powder; (3) the dairy producer margin is equal to or less than $5.00 (but greater than $4.00) for two consecutive months, and during the same two consecutive months— (A) the price in the United States for cheddar cheese is more than 3 percent above the world price of cheddar cheese; or (B) the price in the United States for non fat dry milk is more than 3 percent above the world price of skim milk powder; or (4) the dairy producer margin is equal to or less than $4.00 for two consecutive months, and during the same two consecutive months— (A) the price in the United States for cheddar cheese is more than 6 percent above the world price of cheddar cheese; or (B) the price in the United States for non fat dry milk is more than 6 percent above the world price of skim milk powder. (d) Implementation by handlers Effective on the day after the date of the announcement by the Secretary under subsection (b) or (c) of the suspension of the stabilization program, the handler shall cease reducing payments to participating dairy producers under the stabilization program. (e) Condition on resumption of stabilization program Upon the announcement by the Secretary under subsection (b) or (c) that the stabilization program has been suspended, the stabilization program may not be implemented again until, at the earliest— (1) two months have passed, beginning on the first day of the month immediately following the announcement by the Secretary; and (2) the conditions of section 1432(a) are again met. 1437. Enforcement (a) Unlawful act It shall be unlawful and a violation of the this subpart for any person subject to the stabilization program to willfully fail or refuse to provide, or delay the timely reporting of, accurate information and remittance of funds to the Secretary in accordance with this subpart. (b) Order After providing notice and opportunity for a hearing to an affected person, the Secretary may issue an order against any person to cease and desist from continuing any violation of this subpart. (c) Appeal An order of the Secretary under subsection (b) shall be final and conclusive unless an affected person files an appeal of the order of the Secretary in United States district court not later than 30 days after the date of the issuance of the order. A finding of the Secretary in the order shall be set aside only if the finding is not supported by substantial evidence. (d) Noncompliance with order If a person subject to this subpart fails to obey an order issued under subsection (b) after the order has become final and unappealable, or after the appropriate United States district court has entered a final judgment in favor of the Secretary, the United States may apply to the appropriate United States district court for enforcement of the order. If the court determines that the order was lawfully made and duly served and that the person violated the order, the court shall enforce the order. 1438. Audit requirements (a) Audits of producer and handler compliance (1) Audits authorized If determined by the Secretary to be necessary to ensure compliance by participating dairy producers and handlers with the stabilization program, the Secretary may conduct periodic audits of participating dairy producers and handlers. (2) Sample of dairy producers Any audit conducted under this subsection shall include, at a minimum, investigation of a statistically valid and random sample of participating dairy producers. (b) Submission of results The Secretary shall submit the results of any audit conducted under subsection (a) to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate and include such recommendations as the Secretary considers appropriate regarding the stabilization program. C Commodity Credit Corporation 1451. Use of Commodity Credit Corporation The Secretary shall use the funds, facilities, and the authorities of the Commodity Credit Corporation to carry out this part. D Initiation and duration 1461. Rulemaking (a) Procedure The promulgation of regulations for the initiation of the margin protection program and the stabilization program, and for administration of such programs, shall be made without regard to— (1) chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act); (2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (3) the notice and comment provisions of section 553 of title 5, United States Code. (b) Congressional review of agency rulemaking In carrying out subsection (a), the Secretary shall use the authority provided under section 808 of title 5, United States Code. (c) Inclusion of additional order Section 143(a)(2) of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7253(a)(2) ) is amended by adding at the end the following new sentence: Subsection (b)(2) does not apply to the authority of the Secretary under this subsection. . 1462. Duration The margin protection program and the stabilization program shall end on December 31, 2018. II Repeal or reauthorization of other dairy-related provisions 1481. Repeal of dairy product price support and milk income loss contract programs (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. 1482. Repeal of dairy export incentive program (a) Repeal Section 153 of the Food Security Act of 1985 ( 15 U.S.C. 713a–14 ) is repealed. (b) 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. 1483. Extension of dairy forward pricing program Section 1502(e) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8772(e) ) is amended— (1) in paragraph (1), by striking 2012 and inserting 2018 ; and (2) in paragraph (2), by striking 2015 and inserting 2021 . 1484. Extension of dairy indemnity program Section 3 of Public Law 90–484 ( 7 U.S.C. 450l ) is amended by striking 2012 and inserting 2018 . 1485. Extension of dairy promotion and research program Section 113(e)(2) of the Dairy Production Stabilization Act of 1983 ( 7 U.S.C. 4504(e)(2) ) is amended by striking 2012 and inserting 2018 . 1486. Repeal of Federal Milk Marketing Order Review Commission Section 1509 of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 ; 122 Stat. 1726) is repealed. III Effective date 1491. Effective date This subtitle and the amendments made by this subtitle shall take effect on October 1, 2013. E Supplemental Agricultural Disaster Assistance Programs 1501. Supplemental agricultural disaster assistance (a) Definitions In this section: (1) Eligible producer on a farm (A) In general The term eligible producer on a farm means an individual or entity described in subparagraph (B) that, as determined by the Secretary, assumes the production and market risks associated with the agricultural production of crops or livestock. (B) Description An individual or entity referred to in subparagraph (A) is— (i) a citizen of the United States; (ii) a resident alien; (iii) a partnership of citizens of the United States; or (iv) a corporation, limited liability corporation, or other farm organizational structure organized under State law. (2) Farm-raised fish The term farm-raised fish means any aquatic species that is propagated and reared in a controlled environment. (3) Livestock The term livestock includes— (A) cattle (including dairy cattle); (B) bison; (C) poultry; (D) sheep; (E) swine; (F) horses; and (G) other livestock, as determined by the Secretary. (4) Secretary The term Secretary means the Secretary of Agriculture. (b) Livestock indemnity payments (1) Payments For each of the fiscal years 2012 through 2018, the Secretary shall use such sums as are necessary of the funds of the Commodity Credit Corporation to make livestock indemnity payments to eligible producers on farms that have incurred livestock death losses in excess of the normal mortality, as determined by the Secretary, due to— (A) attacks by animals reintroduced into the wild by the Federal Government or protected by Federal law, including wolves and avian predators; or (B) adverse weather, as determined by the Secretary, during the calendar year, including losses due to hurricanes, floods, blizzards, disease, wildfires, extreme heat, and extreme cold. (2) Payment rates Indemnity payments to an eligible producer on a farm under paragraph (1) shall be made at a rate of 75 percent of the market value of the applicable livestock on the day before the date of death of the livestock, as determined by the Secretary. (3) Special rule for payments made due to disease The Secretary shall ensure that payments made to an eligible producer under paragraph (1) are not made for the same livestock losses for which compensation is provided pursuant to section 10407(d) of the Animal Health Protection Act ( 7 U.S.C. 8306(d) ). (c) Livestock forage disaster program (1) Definitions In this subsection: (A) Covered livestock (i) In general Except as provided in clause (ii), the term covered livestock means livestock of an eligible livestock producer that, during the 60 days prior to the beginning date of a qualifying drought or fire condition, as determined by the Secretary, the eligible livestock producer— (I) owned; (II) leased; (III) purchased; (IV) entered into a contract to purchase; (V) is a contract grower; or (VI) sold or otherwise disposed of due to qualifying drought conditions during— (aa) the current production year; or (bb) subject to paragraph (3)(B)(ii), 1 or both of the 2 production years immediately preceding the current production year. (ii) Exclusion The term covered livestock does not include livestock that were or would have been in a feedlot, on the beginning date of the qualifying drought or fire condition, as a part of the normal business operation of the eligible livestock producer, as determined by the Secretary. (B) Drought monitor The term drought monitor means a system for classifying drought severity according to a range of abnormally dry to exceptional drought, as defined by the Secretary. (C) Eligible livestock producer (i) In general The term eligible livestock producer means an eligible producer on a farm that— (I) is an owner, cash or share lessee, or contract grower of covered livestock that provides the pastureland or grazing land, including cash-leased pastureland or grazing land, for the livestock; (II) provides the pastureland or grazing land for covered livestock, including cash-leased pastureland or grazing land that is physically located in a county affected by drought; (III) certifies grazing loss; and (IV) meets all other eligibility requirements established under this subsection. (ii) Exclusion The term eligible livestock producer does not include an owner, cash or share lessee, or contract grower of livestock that rents or leases pastureland or grazing land owned by another person on a rate-of-gain basis. (D) Normal carrying capacity The term normal carrying capacity , with respect to each type of grazing land or pastureland in a county, means the normal carrying capacity, as determined under paragraph (3)(D)(i), that would be expected from the grazing land or pastureland for livestock during the normal grazing period, in the absence of a drought or fire that diminishes the production of the grazing land or pastureland. (E) Normal grazing period The term normal grazing period , with respect to a county, means the normal grazing period during the calendar year for the county, as determined under paragraph (3)(D)(i). (2) Program For each of the fiscal years 2012 through 2018, the Secretary shall use such sums as are necessary of the funds of the Commodity Credit Corporation to provide compensation for losses to eligible livestock producers due to grazing losses for covered livestock due to— (A) a drought condition, as described in paragraph (3); or (B) fire, as described in paragraph (4). (3) Assistance for losses due to drought conditions (A) Eligible losses (i) In general An eligible livestock producer may receive assistance under this subsection only for grazing losses for covered livestock that occur on land that— (I) is native or improved pastureland with permanent vegetative cover; or (II) is planted to a crop planted specifically for the purpose of providing grazing for covered livestock. (ii) Exclusions An eligible livestock producer may not receive assistance under this subsection for grazing losses that occur on land used for haying or grazing under the conservation reserve program established under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3831 et seq. ). (B) Monthly payment rate (i) In general Except as provided in clause (ii), the payment rate for assistance under this paragraph for 1 month shall, in the case of drought, be equal to 60 percent of the lesser of— (I) the monthly feed cost for all covered livestock owned or leased by the eligible livestock producer, as determined under subparagraph (C); or (II) the monthly feed cost calculated by using the normal carrying capacity of the eligible grazing land of the eligible livestock producer. (ii) Partial compensation In the case of an eligible livestock producer that sold or otherwise disposed of covered livestock due to drought conditions in 1 or both of the 2 production years immediately preceding the current production year, as determined by the Secretary, the payment rate shall be 80 percent of the payment rate otherwise calculated in accordance with clause (i). (C) Monthly feed cost (i) In general The monthly feed cost shall equal the product obtained by multiplying— (I) 30 days; (II) a payment quantity that is equal to the feed grain equivalent, as determined under clause (ii); and (III) a payment rate that is equal to the corn price per pound, as determined under clause (iii). (ii) Feed grain equivalent For purposes of clause (i)(II), the feed grain equivalent shall equal— (I) in the case of an adult beef cow, 15.7 pounds of corn per day; or (II) in the case of any other type of weight of livestock, an amount determined by the Secretary that represents the average number of pounds of corn per day necessary to feed the livestock. (iii) Corn price per pound For purposes of clause (i)(III), the corn price per pound shall equal the quotient obtained by dividing— (I) the higher of— (aa) the national average corn price per bushel for the 12-month period immediately preceding March 1 of the year for which the disaster assistance is calculated; or (bb) the national average corn price per bushel for the 24-month period immediately preceding that March 1; by (II) 56. (D) Normal grazing period and drought monitor intensity (i) Fsa county committee determinations (I) In general The Secretary shall determine the normal carrying capacity and normal grazing period for each type of grazing land or pastureland in the county served by the applicable committee. (II) Changes No change to the normal carrying capacity or normal grazing period established for a county under subclause (I) shall be made unless the change is requested by the appropriate State and county Farm Service Agency committees. (ii) Drought intensity (I) D2 An eligible livestock producer that owns or leases grazing land or pastureland that is physically located in a county that is rated by the U.S. Drought Monitor as having a D2 (severe drought) intensity in any area of the county for at least 8 consecutive weeks during the normal grazing period for the county, as determined by the Secretary, shall be eligible to receive assistance under this paragraph in an amount equal to 1 monthly payment using the monthly payment rate determined under subparagraph (B). (II) D3 An eligible livestock producer that owns or leases grazing land or pastureland that is physically located in a county that is rated by the U.S. Drought Monitor as having at least a D3 (extreme drought) intensity in any area of the county at any time during the normal grazing period for the county, as determined by the Secretary, shall be eligible to receive assistance under this paragraph— (aa) in an amount equal to 3 monthly payments using the monthly payment rate determined under subparagraph (B); (bb) if the county is rated as having a D3 (extreme drought) intensity in any area of the county for at least 4 weeks during the normal grazing period for the county, or is rated as having a D4 (exceptional drought) intensity in any area of the county at any time during the normal grazing period, in an amount equal to 4 monthly payments using the monthly payment rate determined under subparagraph (B); or (cc) if the county is rated as having a D4 (exceptional drought) intensity in any area of the county for at least 4 weeks during the normal grazing period, in an amount equal to 5 monthly payments using the monthly rate determined under subparagraph (B). (4) Assistance for losses due to fire on public managed land (A) In general An eligible livestock producer may receive assistance under this paragraph only if— (i) the grazing losses occur on rangeland that is managed by a Federal agency; and (ii) the eligible livestock producer is prohibited by the Federal agency from grazing the normal permitted livestock on the managed rangeland due to a fire. (B) Payment rate The payment rate for assistance under this paragraph shall be equal to 50 percent of the monthly feed cost for the total number of livestock covered by the Federal lease of the eligible livestock producer, as determined under paragraph (3)(C). (C) Payment duration (i) In general Subject to clause (ii), an eligible livestock producer shall be eligible to receive assistance under this paragraph for the period— (I) beginning on the date on which the Federal agency excludes the eligible livestock producer from using the managed rangeland for grazing; and (II) ending on the last day of the Federal lease of the eligible livestock producer. (ii) Limitation An eligible livestock producer may only receive assistance under this paragraph for losses that occur on not more than 180 days per year. (5) No duplicative payments An eligible livestock producer may elect to receive assistance for grazing or pasture feed losses due to drought conditions under paragraph (3) or fire under paragraph (4), but not both for the same loss, as determined by the Secretary. (d) Emergency assistance for livestock, honey bees, and farm-raised fish (1) In general For each of the fiscal years 2012 through 2018, the Secretary shall use not more than $20,000,000 of the funds of the Commodity Credit Corporation to provide emergency relief to eligible producers of livestock, honey bees, and farm-raised fish to aid in the reduction of losses due to disease (including cattle tick fever), adverse weather, or other conditions, such as blizzards and wildfires, as determined by the Secretary, that are not covered under subsection (b) or (c). (2) Use of funds Funds made available under this subsection shall be used to reduce losses caused by feed or water shortages, disease, or other factors as determined by the Secretary. (3) Availability of funds Any funds made available under this subsection shall remain available until expended. (e) Tree assistance program (1) Definitions In this subsection: (A) Eligible orchardist The term eligible orchardist means a person that produces annual crops from trees for commercial purposes. (B) Natural disaster The term natural disaster means plant disease, insect infestation, drought, fire, freeze, flood, earthquake, lightning, or other occurrence, as determined by the Secretary. (C) Nursery tree grower The term nursery tree grower means a person who produces nursery, ornamental, fruit, nut, or Christmas trees for commercial sale, as determined by the Secretary. (D) Tree The term tree includes a tree, bush, and vine. (2) Eligibility (A) Loss Subject to subparagraph (B), for each of the fiscal years 2012 through 2018, the Secretary shall use such sums as are necessary of the funds of the Commodity Credit Corporation to provide assistance— (i) under paragraph (3) to eligible orchardists and nursery tree growers that planted trees for commercial purposes but lost the trees as a result of a natural disaster, as determined by the Secretary; and (ii) under paragraph (3)(B) to eligible orchardists and nursery tree growers that have a production history for commercial purposes on planted or existing trees but lost the trees as a result of a natural disaster, as determined by the Secretary. (B) Limitation An eligible orchardist or nursery tree grower shall qualify for assistance under subparagraph (A) only if the tree mortality of the eligible orchardist or nursery tree grower, as a result of damaging weather or related condition, exceeds 15 percent (adjusted for normal mortality). (3) Assistance Subject to paragraph (4), the assistance provided by the Secretary to eligible orchardists and nursery tree growers for losses described in paragraph (2) shall consist of— (A) (i) reimbursement of 65 percent of the cost of replanting trees lost due to a natural disaster, as determined by the Secretary, in excess of 15 percent mortality (adjusted for normal mortality); or (ii) at the option of the Secretary, sufficient seedlings to reestablish a stand; and (B) reimbursement of 50 percent of the cost of pruning, removal, and other costs incurred by an eligible orchardist or nursery tree grower to salvage existing trees or, in the case of tree mortality, to prepare the land to replant trees as a result of damage or tree mortality due to a natural disaster, as determined by the Secretary, in excess of 15 percent damage or mortality (adjusted for normal tree damage and mortality). (4) Limitations on assistance (A) Definitions of legal entity and person In this paragraph, the terms legal entity and person have the meaning given those terms in section 1001(a) of the Food Security Act of 1985 ( 7 U.S.C. 1308(a) ). (B) Amount The total amount of payments received, directly or indirectly, by a person or legal entity (excluding a joint venture or general partnership) under this subsection may not exceed $125,000 for any crop year, or an equivalent value in tree seedlings. (C) Acres The total quantity of acres planted to trees or tree seedlings for which a person or legal entity shall be entitled to receive payments under this subsection may not exceed 500 acres. (f) Payment limitations (1) Definitions of legal entity and person In this subsection, the terms legal entity and person have the meaning given those terms in section 1001(a) of the Food Security Act of 1985 ( 7 U.S.C. 1308(a) ). (2) Amount The total amount of disaster assistance payments received, directly or indirectly, by a person or legal entity (excluding a joint venture or general partnership) under this section (excluding payments received under subsection (e)) may not exceed $125,000 for any crop year. (3) Direct attribution Subsections (e) and (f) of section 1001 of the Food Security Act of 1985 ( 7 U.S.C. 1308 ) or any successor provisions relating to direct attribution shall apply with respect to assistance provided under this section. F Administration 1601. Administration generally (a) Use of Commodity Credit Corporation The Secretary of Agriculture shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this title. (b) Determinations by Secretary A determination made by the Secretary under this title shall be final and conclusive. (c) Regulations (1) In general Except as otherwise provided in this subsection, not later than 90 days after the date of enactment of this Act, the Secretary and the Commodity Credit Corporation, as appropriate, shall promulgate such regulations as are necessary to implement this title and the amendments made by this title. (2) Procedure The promulgation of the regulations and administration of this title and the amendments made by this title and sections 11003 and 11016 of this Act shall be made without regard to— (A) the notice and comment provisions of section 553 of title 5, United States Code; (B) chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ); and (C) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking. (3) Congressional review of agency rulemaking In carrying out this subsection, the Secretary shall use the authority provided under section 808 of title 5, United States Code. (d) Adjustment Authority Related to Trade Agreements Compliance (1) Required determination; adjustment If the Secretary determines that expenditures under this title that are subject to the total allowable domestic support levels under the Uruguay Round Agreements (as defined in section 2 of the Uruguay Round Agreements Act ( 19 U.S.C. 3501 )) will exceed the allowable levels for any applicable reporting period, the Secretary shall, to the maximum extent practicable, make adjustments in the amount of the expenditures during that period to ensure that the expenditures do not exceed the allowable levels. (2) Congressional notification Before making any adjustment under paragraph (1), the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the determination made under that paragraph and the extent of the adjustment to be made. 1602. Suspension of permanent price support authority (a) Agricultural Adjustment Act of 1938 The following provisions of the Agricultural Adjustment Act of 1938 shall not be applicable to the 2014 through 2018 crops of covered commodities (as defined in section 1104), cotton, and sugar and shall not be applicable to milk during the period beginning on the date of enactment of this Act through December 31, 2018: (1) Parts II through V of subtitle B of title III ( 7 U.S.C. 1326 et seq. ). (2) In the case of upland cotton, section 377 ( 7 U.S.C. 1377 ). (3) Subtitle D of title III ( 7 U.S.C. 1379a et seq. ). (4) Title IV ( 7 U.S.C. 1401 et seq. ). (b) Agricultural Act of 1949 The following provisions of the Agricultural Act of 1949 shall not be applicable to the 2013 through 2018 crops of covered commodities (as defined in section 1104), cotton, and sugar and shall not be applicable to milk during the period beginning on the date of enactment of this Act and through December 31, 2018: (1) Section 101 ( 7 U.S.C. 1441 ). (2) Section 103(a) ( 7 U.S.C. 1444(a) ). (3) Section 105 ( 7 U.S.C. 1444b ). (4) Section 107 ( 7 U.S.C. 1445a ). (5) Section 110 ( 7 U.S.C. 1445e ). (6) Section 112 ( 7 U.S.C. 1445g ). (7) Section 115 ( 7 U.S.C. 1445k ). (8) Section 201 ( 7 U.S.C. 1446 ). (9) Title III ( 7 U.S.C. 1447 et seq. ). (10) Title IV ( 7 U.S.C. 1421 et seq. ), other than sections 404, 412, and 416 ( 7 U.S.C. 1424 , 1429, and 1431). (11) Title V ( 7 U.S.C. 1461 et seq. ). (12) Title VI ( 7 U.S.C. 1471 et seq. ). (c) Suspension of certain quota provisions The joint resolution entitled A joint resolution relating to corn and wheat marketing quotas under the Agricultural Adjustment Act of 1938, as amended , approved May 26, 1941 ( 7 U.S.C. 1330 , 1340), shall not be applicable to the crops of wheat planted for harvest in the calendar years 2014 through 2018. 1603. Payment limitations (a) In general Section 1001 of the Food Security Act of 1985 ( 7 U.S.C. 1308 ) is amended by striking subsections (b) and (c) and inserting the following: (b) Limitation on payments for covered commodities (other than peanuts) (1) In general The total amount of payments received, directly or indirectly, by a person or legal entity (except a joint venture or general partnership) for any crop year under section 1101(c) of the Federal Agriculture Reform and Risk Management Act of 2013 and subsections (b) and (c) of section 1107 of such Act (other than peanuts) may not exceed $125,000. (2) Additional limitation on payments related to upland cotton The total amount of direct payments received, directly or indirectly, by a person or legal entity (except a joint venture or a general partnership) for each of the 2014 and 2015 crop years under section 1101(c) of the Federal Agriculture Reform and Risk Management Act of 2013 may not exceed $40,000. (c) Limitation on payments for peanuts The total amount of payments received, directly or indirectly, by a person or legal entity (except a joint venture or general partnership) for any crop year under subtitle A of title I of the Federal Agriculture Reform and Risk Management Act of 2013 for peanuts may not exceed $125,000. . (b) Conforming amendments (1) Section 1001(f) of the Food Security Act of 1985 ( 7 U.S.C. 1308(f) ) is amended by striking or title XII each place it appears in paragraphs (5)(A) and (6)(A) and inserting , title I of the Federal Agriculture Reform and Risk Management Act of 2013 , or title XII . (2) Section 1001C(a) of the Food Security Act of 1985 ( 7 U.S.C. 1308–3(a) ) is amended by inserting title I of the Federal Agriculture Reform and Risk Management Act of 2013 , after 2008, . (c) Application The amendments made by this section shall apply beginning with the 2014 crop year. 1604. Adjusted gross income limitation (a) Limitations and covered benefits Section 1001D(b) of the Food Security Act of 1985 (7 U.S.C. 1308–3a(b)) is amended— (1) in the subsection heading, by striking Limitations and inserting Limitations on Commodity and Conservation Programs ; (2) by striking paragraphs (1) and (2) and inserting the following new paragraphs: (1) Limitation Notwithstanding any other provision of law, a person or legal entity shall not be eligible to receive any benefit described in paragraph (2) during a crop, fiscal, or program year, as appropriate, if the average adjusted gross income of the person or legal entity exceeds $950,000. (2) Covered benefits Paragraph (1) applies with respect to a payment or benefit under subtitle A, B, or E of title I, or title II of the Federal Agriculture Reform and Risk Management Act of 2013 , title II of the Farm Security and Rural Investment Act of 2002, title II of the Food, Conservation, and Energy Act of 2008, title XII of the Food Security Act of 1985, section 524(b) of the Federal Crop Insurance Act ( 7 U.S.C. 1524(b) ), or section 196 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333 ). . (b) Elimination of unused definitions Paragraph (1) of section 1001D(a) of the Food Security Act of 1985 (7 U.S.C. 1308–3a(a)) is amended to read as follows: (1) Average adjusted gross income In this section, the term average adjusted gross income , with respect to a person or legal entity, means the average of the adjusted gross income or comparable measure of the person or legal entity over the 3 taxable years preceding the most immediately preceding complete taxable year, as determined by the Secretary. . (c) Income determination Section 1001D of the Food Security Act of 1985 ( 7 U.S.C. 1308–3a ) is amended— (1) by striking subsection (c); and (2) by redesignating subsections (d), (e), and (f) as subsections (c), (d), and (e), respectively. (d) Conforming amendments Section 1001D of the Food Security Act of 1985 ( 7 U.S.C. 1308–3a ) is amended— (1) in subsection (a)(2)— (A) by striking subparagraph (A) or (B) of ; and (B) by striking , the average adjusted gross farm income, and the average adjusted gross nonfarm income ; (2) in subsection (a)(3), by striking , average adjusted gross farm income, and average adjusted gross nonfarm income both places it appears; (3) in subsection (c) (as redesignated by subsection (c)(2) of this section)— (A) in paragraph (1), by striking , average adjusted gross farm income, and average adjusted gross nonfarm income both places it appears; and (B) in paragraph (2), by striking paragraphs (1)(C) and (2)(B) of subsection (b) and inserting subsection (b)(2) ; and (4) in subsection (d) (as redesignated by subsection (c)(2) of this section)— (A) by striking paragraphs (1)(C) and (2)(B) of subsection (b) and inserting subsection (b)(2) ; and (B) by striking , average adjusted gross farm income, or average adjusted gross nonfarm income . (e) Effective period Subsection (e) of section 1001D of the Food Security Act of 1985 ( 7 U.S.C. 1308–3a ), as redesignated by subsection (c)(2) of this section, is amended by striking 2009 through 2012 and inserting 2014 through 2018 . (f) Limitation on applicability Section 1001(d) of the Food Security Act of 1985 ( 7 U.S.C. 1308 ) is amended by inserting before the period at the end the following: or title I of the Federal Agriculture Reform and Risk Management Act of 2013 . (g) Transition Section 1001D of the Food Security Act of 1985 (7 U.S.C. 1308-3a), as in effect on the day before the date of the enactment of this Act, shall apply with respect to the 2013 crop, fiscal, or program year, as appropriate, for each program described in paragraphs (1)(C) and (2)(B) of subsection (b) of that section (as so in effect on that day). 1605. Geographically disadvantaged farmers and ranchers Section 1621(d) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8792(d) ) is amended by striking 2012 and inserting 2018 . 1606. Personal liability of producers for deficiencies Section 164 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7284 ) is amended by striking and title I of the Food, Conservation, and Energy Act of 2008 each place it appears and inserting title I of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8702 et seq. ), and title I of the Federal Agriculture Reform and Risk Management Act of 2013 . 1607. Prevention of deceased individuals receiving payments under farm commodity programs (a) Reconciliation At least twice each year, the Secretary shall reconcile social security numbers of all individuals who receive payments under this title, whether directly or indirectly, with the Commissioner of Social Security to determined if the individuals are alive. (b) Preclusion The Secretary shall preclude the issuance of payments to, and on behalf of, deceased individuals that were not eligible for payments. 1608. Technical corrections (a) Missing punctuation Section 359f(c)(1)(B) of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1359ff(c)(1)(B) ) is amended by adding a period at the end. (b) Erroneous cross reference (1) Amendment Section 1603(g) of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 ; 122 Stat. 1739) is amended in paragraphs (2) through (6) and the amendments made by those paragraphs by striking 1703(a) each place it appears and inserting 1603(a) . (2) Effective date This subsection and the amendments made by this subsection take effect as if included in the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 ; 122 Stat. 1651). (c) Continued applicability of appropriations general provision Section 767 of division A of Public Law 108–7 ( 7 U.S.C. 7911 note; 117 Stat. 48) is amended— (1) in subsection (a)— (A) by striking sections 1101 and 1102 of Public Law 107–171 and inserting subtitle A of title I of the Federal Agriculture Reform and Risk Management Act of 2013 ; and (B) by striking such section 1102 and inserting such subtitle ; and (2) by striking subsection (b) and inserting the following new subsection: (b) This section, as amended by section 1608(c) of the Federal Agriculture Reform and Risk Management Act of 2013 , shall take effect beginning with the 2014 crop year. . 1609. Assignment of payments (a) In general The provisions of section 8(g) of the Soil Conservation and Domestic Allotment Act ( 16 U.S.C. 590h(g) ), relating to assignment of payments, shall apply to payments made under this title. (b) Notice The producer making the assignment, or the assignee, shall provide the Secretary with notice, in such manner as the Secretary may require, of any assignment made under this section. 1610. Tracking of benefits As soon as practicable after the date of enactment of this Act, the Secretary may track the benefits provided, directly or indirectly, to individuals and entities under titles I and II and the amendments made by those titles. 1611. Signature authority (a) In general In carrying out this title and title II and amendments made by those titles, if the Secretary approves a document, the Secretary shall not subsequently determine the document is inadequate or invalid because of the lack of authority of any person signing the document on behalf of the applicant or any other individual, entity, general partnership, or joint venture, or the documents relied upon were determined inadequate or invalid, unless the person signing the program document knowingly and willfully falsified the evidence of signature authority or a signature. (b) Affirmation (1) In general Nothing in this section prohibits the Secretary from asking a proper party to affirm any document that otherwise would be considered approved under subsection (a). (2) No retroactive effect A denial of benefits based on a lack of affirmation under paragraph (1) shall not be retroactive with respect to third-party producers who were not the subject of the erroneous representation of authority, if the third-party producers— (A) relied on the prior approval by the Secretary of the documents in good faith; and (B) substantively complied with all program requirements. 1612. Implementation (a) Streamlining In implementing this title, the Secretary shall, to the maximum extent practicable— (1) seek to reduce administrative burdens and costs to producers by streamlining and reducing paperwork, forms, and other administrative requirements; (2) improve coordination, information sharing, and administrative work with the Risk Management Agency and the Natural Resources Conservation Service; and (3) take advantage of new technologies to enhance efficiency and effectiveness of program delivery to producers. (b) Maintenance of base acres and payment yields (1) In general The Secretary shall maintain through September 30, 2018, for each covered commodity and upland cotton, base acres and payment yields on a farm established under— (A) (i) in the case of covered commodities and upland cotton, sections 1101 and 1102 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 7911 , 7912); and (ii) in the case of peanuts, section 1302 of that Act ( 7 U.S.C. 7952 ); and (B) (i) in the case of covered commodities and upland cotton, sections 1101 and 1102 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8711 , 8712); and (ii) in the case of peanuts, section 1302 of that Act ( 7 U.S.C. 8752 ). (2) Special rule for long grain and medium grain rice (A) In general The Secretary shall maintain separate base acres for long grain rice and medium grain rice. (B) Limitation In carrying out this paragraph, the Secretary shall use the same total base acres and payment yields established with respect to rice under sections 1108 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8718 ), as in effect on the day before the date of enactment of this Act, subject to any adjustment under section 1105. (c) Implementation The Secretary shall make available to the Farm Service Agency to carry out this title $100,000,000. II Conservation A Conservation Reserve Program 2001. Extension and enrollment requirements of conservation reserve program (a) Extension 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) Eligible land Section 1231(b) of the Food Security Act of 1985 ( 16 U.S.C. 3831(b) ) is amended— (1) in paragraph (1)(B), by striking the date of enactment of the Food, Conservation, and Energy Act of 2008 and inserting the date of the enactment of the Federal Agriculture Reform and Risk Management Act of 2013 ; (2) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); (3) by inserting before paragraph (4) the following new paragraph: (3) grasslands that— (A) contain forbs or shrubland (including improved rangeland and pastureland) for which grazing is the predominant use; (B) are located in an area historically dominated by grasslands; and (C) could provide habitat for animal and plant populations of significant ecological value if the land is retained in its current use or restored to a natural condition; ; (4) in paragraph (4)(C), by striking filterstrips devoted to trees or shrubs and inserting filterstrips or riparian buffers devoted to trees, shrubs, or grasses ; and (5) by striking paragraph (5) and inserting the following new paragraph: (5) the portion of land in a field not enrolled in the conservation reserve in a case in which— (A) more than 50 percent of the land in the field is enrolled as a buffer or filterstrip, or more than 75 percent of the land in the field is enrolled as a conservation practice other than as a buffer or filterstrip; and (B) the remainder of the field is— (i) infeasible to farm; and (ii) enrolled at regular rental rates. . (c) Planting Status of Certain Land Section 1231(c) of the Food Security Act of 1985 ( 16 U.S.C. 3831(c) ) is amended by striking if and all that follows through the period at the end and inserting if, during the crop year, the land was devoted to a conserving use. . (d) Enrollment Subsection (d) of section 1231 of the Food Security Act of 1985 ( 16 U.S.C. 3831 ) is amended to read as follows: (d) Enrollment (1) Maximum acreage enrolled The Secretary may maintain in the conservation reserve at any one time during— (A) fiscal year 2014, no more than 27,500,000 acres; (B) fiscal year 2015, no more than 26,000,000 acres; (C) fiscal year 2016, no more than 25,000,000 acres; (D) fiscal year 2017, no more than 24,000,000 acres; and (E) fiscal year 2018, no more than 24,000,000 acres. (2) Grasslands (A) Limitation For purposes of applying the limitations in paragraph (1), no more than 2,000,000 acres of the land described in subsection (b)(3) may be enrolled in the program at any one time during the 2014 through 2018 fiscal years. (B) Priority In enrolling acres under subparagraph (A), the Secretary may give priority to land with expiring conservation reserve program contracts. (C) Method of enrollment In enrolling acres under subparagraph (A), the Secretary shall make the program available to owners or operators of eligible land on a continuous enrollment basis with one or more ranking periods. . (e) Duration of contract Section 1231(e) of the Food Security Act of 1985 ( 16 U.S.C. 3831(e) ) is amended by striking paragraphs (2) and (3) and inserting the following new paragraph: (2) Special rule for certain land In the case of land devoted to hardwood trees, shelterbelts, windbreaks, or wildlife corridors under a contract entered into under this subchapter, the owner or operator of the land may, within the limitations prescribed under paragraph (1), specify the duration of the contract. . (f) Conservation priority areas Section 1231(f) of the Food Security Act of 1985 ( 16 U.S.C. 3831(f) ) is amended— (1) in paragraph (1), by striking watershed areas of the Chesapeake Bay Region, the Great Lakes Region, the Long Island Sound Region, and other ; (2) in paragraph (2), by striking watersheds.— Watersheds and inserting areas.— Areas ; and (3) in paragraph (3), by striking a watershed’s designation— and all that follows through the period at the end and inserting an area’s designation if the Secretary finds that the area no longer contains actual and significant adverse water quality or habitat impacts related to agricultural production activities. . 2002. Farmable wetland program (a) Extension Section 1231B(a)(1) of the Food Security Act of 1985 ( 16 U.S.C. 3831b(a)(1) ) is amended— (1) by striking 2012 and inserting 2018 ; and (2) by striking a program and inserting a farmable wetland program . (b) Eligible acreage Section 1231B(b)(1)(B) of the Food Security Act of 1985 ( 16 U.S.C. 3831b(b)(1)(B) ) is amended by striking flow from a row crop agriculture drainage system and inserting surface and subsurface flow from row crop agricultural production . (c) Acreage limitation Section 1231B(c)(1)(B) of the Food Security Act of 1985 ( 16 U.S.C. 3831b(c)(1)(B) ) is amended by striking 1,000,000 and inserting 750,000 . (d) Clerical amendment The heading of section 1231B of the Food Security Act of 1985 ( 16 U.S.C. 3831b ) is amended to read as follows: Farmable wetland program . 2003. Duties of owners and operators (a) Limitation on harvesting, grazing, or commercial use of forage Section 1232(a)(8) of the Food Security Act of 1985 ( 16 U.S.C. 3832(a)(8) ) is amended by striking except that and all that follows through the semicolon at the end of the paragraph and inserting except as provided in subsection (b) or (c) of section 1233; . (b) Conservation plan requirements Subsection (b) of section 1232 of the Food Security Act of 1985 ( 16 U.S.C. 3832 ) is amended to read as follows: (b) Conservation plans The plan referred to in subsection (a)(1) shall set forth— (1) the conservation measures and practices to be carried out by the owner or operator during the term of the contract; and (2) the commercial use, if any, to be permitted on the land during the term. . (c) Rental payment reduction Section 1232 of the Food Security Act of 1985 ( 16 U.S.C. 3832 ) is amended by striking subsection (d). 2004. Duties of the Secretary Section 1233 of the Food Security Act of 1985 ( 16 U.S.C. 3833 ) is amended to read as follows: 1233. Duties of the Secretary (a) Cost-share and rental payments In return for a contract entered into by an owner or operator under the conservation reserve program, the Secretary shall— (1) share the cost of carrying out the conservation measures and practices set forth in the contract for which the Secretary determines that cost sharing is appropriate and in the public interest; and (2) for a period of years not in excess of the term of the contract, pay an annual rental payment in an amount necessary to compensate for— (A) the conversion of highly erodible cropland or other eligible lands normally devoted to the production of an agricultural commodity on a farm or ranch to a less intensive use; (B) the retirement of any base history that the owner or operator agrees to retire permanently; and (C) the development and management of grasslands for multiple natural resource conservation benefits, including to soil, water, air, and wildlife. (b) Specified activities permitted The Secretary shall permit certain activities or commercial uses of land that is subject to a contract under the conservation reserve program in a manner that is consistent with a plan approved by the Secretary, as follows: (1) Harvesting, grazing, or other commercial use of the forage in response to a drought or other emergency created by a natural disaster, without any reduction in the rental rate. (2) Consistent with the conservation of soil, water quality, and wildlife habitat (including habitat during nesting seasons for birds in the area), and in exchange for a reduction of not less than 25 percent in the annual rental rate for the acres covered by the authorized activity— (A) managed harvesting and other commercial use (including the managed harvesting of biomass), except that in permitting managed harvesting, the Secretary, in coordination with the State technical committee— (i) shall develop appropriate vegetation management requirements; and (ii) shall identify periods during which managed harvesting may be conducted, such that the frequency is not more than once every three years; (B) routine grazing or prescribed grazing for the control of invasive species, except that in permitting such routine grazing or prescribed grazing, the Secretary, in coordination with the State technical committee— (i) shall develop appropriate vegetation management requirements and stocking rates for the land that are suitable for continued routine grazing; and (ii) shall identify the periods during which routine grazing may be conducted, such that the frequency is not more than once every two years, taking into consideration regional differences such as— (I) climate, soil type, and natural resources; (II) the number of years that should be required between routine grazing activities; and (III) how often during a year in which routine grazing is permitted that routine grazing should be allowed to occur; and (C) the installation of wind turbines and associated access, except that in permitting the installation of wind turbines, the Secretary shall determine the number and location of wind turbines that may be installed, taking into account— (i) the location, size, and other physical characteristics of the land; (ii) the extent to which the land contains wildlife and wildlife habitat; and (iii) the purposes of the conservation reserve program under this subchapter. (3) The intermittent and seasonal use of vegetative buffer practices incidental to agricultural production on lands adjacent to the buffer such that the permitted use does not destroy the permanent vegetative cover. (c) Authorized activities on grasslands For eligible land described in section 1231(b)(3), the Secretary shall permit the following activities: (1) Common grazing practices, including maintenance and necessary cultural practices, on the land in a manner that is consistent with maintaining the viability of grassland, forb, and shrub species appropriate to that locality. (2) Haying, mowing, or harvesting for seed production, subject to appropriate restrictions during the nesting season for critical bird species in the area. (3) Fire presuppression, fire-related rehabilitation, and construction of fire breaks. (4) Grazing-related activities, such as fencing and livestock watering. (d) Resource conserving use (1) In general Beginning on the date that is 1 year before the date of termination of a contract under the program, the Secretary shall allow an owner or operator to make conservation and land improvements that facilitate maintaining protection of enrolled land after expiration of the contract. (2) Conservation plan The Secretary shall require an owner or operator carrying out the activities described in paragraph (1) to develop and implement a conservation plan. (3) Re-enrollment prohibited Land improved under paragraph (1) may not be re-enrolled in the conservation reserve program for 5 years after the date of termination of the contract. . 2005. Payments (a) Trees, windbreaks, shelterbelts, and wildlife corridors Section 1234(b)(3)(A) of the Food Security Act of 1985 ( 16 U.S.C. 3834(b)(3)(A) ) is amended— (1) in clause (i), by inserting and after the semicolon; (2) by striking clause (ii); and (3) by redesignating clause (iii) as clause (ii). (b) Annual rental payments Section 1234(c) of the Food Security Act of 1985 ( 16 U.S.C. 3834(c) ) is amended— (1) in paragraph (1), by inserting or other eligible lands after highly erodible cropland both places it appears; and (2) by striking paragraph (2) and inserting the following new paragraph: (2) Methods of Determination (A) In general The amounts payable to owners or operators in the form of rental payments under contracts entered into under this subchapter may be determined through— (i) the submission of bids for such contracts by owners and operators in such manner as the Secretary may prescribe; or (ii) such other means as the Secretary determines are appropriate. (B) Grasslands In the case of eligible land described in section 1231(b)(3), the Secretary shall make annual payments in an amount that is not more than 75 percent of the grazing value of the land covered by the contract. . (c) Payment schedule Subsection (d) of section 1234 of the Food Security Act of 1985 ( 16 U.S.C. 3834 ) is amended to read as follows: (d) Payment schedule (1) In general Except as otherwise provided in this section, payments under this subchapter shall be made in cash in such amount and on such time schedule as is agreed on and specified in the contract. (2) Advance payment Payments under this subchapter may be made in advance of determination of performance. . (d) Payment limitation Section 1234(f) of the Food Security Act of 1985 ( 16 U.S.C. 3834(f) ) is amended— (1) in paragraph (1), by striking , including rental payments made in the form of in-kind commodities, ; (2) by striking paragraph (3); and (3) by redesignating paragraph (4) as paragraph (2). 2006. Contract requirements (a) Early termination by owner or operator Section 1235(e) of the Food Security Act of 1985 ( 16 U.S.C. 3835(e) ) is amended— (1) in paragraph (1)(A)— (A) by striking The Secretary and inserting During fiscal year 2014, the Secretary ; and (B) by striking before January 1, 1995, ; (2) in paragraph (2), by striking subparagraph (C) and inserting the following: (C) Land devoted to hardwood trees. (D) Wildlife habitat, duck nesting habitat, pollinator habitat, upland bird habitat buffer, wildlife food plots, State acres for wildlife enhancement, shallow water areas for wildlife, and rare and declining habitat. (E) Farmable wetland and restored wetland. (F) Land that contains diversions, erosion control structures, flood control structures, contour grass strips, living snow fences, salinity reducing vegetation, cross wind trap strips, and sediment retention structures. (G) Land located within a federally-designated wellhead protection area. (H) Land that is covered by an easement under the conservation reserve program. (I) Land located within an average width, according to the applicable Natural Resources Conservation Service field office technical guide, of a perennial stream or permanent water body. ; and (3) in paragraph (3), by striking 60 days after the date on which the owner or operator submits the notice required under paragraph (1)(C) and inserting upon approval by the Secretary . (b) Transition option for certain farmers or ranchers Section 1235(f) of the Food Security Act of 1985 ( 16 U.S.C. 3835(f) ) is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking Duties and all that follows through a beginning farmer and inserting Transition to covered farmer or rancher.— In the case of a contract modification approved in order to facilitate the transfer of land subject to a contract from a retired farmer or rancher to a beginning farmer ; (B) in subparagraph (A)(i), by inserting , including preparing to plant an agricultural crop after improvements ; (C) in subparagraph (D), by striking the farmer or rancher and inserting the covered farmer or rancher ; and (D) in subparagraph (E), by striking section 1001A(b)(3)(B) and inserting section 1001 ; and (2) in paragraph (2), by striking requirement of section 1231(h)(4)(B) and inserting option pursuant to section 1234(c)(2)(A)(ii) . (c) Final year contract Section 1235 of the Food Security Act of 1985 ( 16 U.S.C. 3835 ) is amended by adding at the end the following new subsections: (g) Final year of contract The Secretary shall not consider an owner or operator to be in violation of a term or condition of the conservation reserve contract if— (1) during the year prior to expiration of the contract, the land is enrolled in the conservation stewardship program; and (2) the activity required under the conservation stewardship program pursuant to such enrollment is consistent with this subchapter. (h) Land enrolled in agricultural conservation easement program The Secretary may terminate or modify a contract entered into under this subchapter if eligible land that is subject to such contract is transferred into the agricultural conservation easement program under subtitle H. . 2007. Conversion of land subject to contract to other conserving uses Section 1235A of the Food Security Act of 1985 ( 16 U.S.C. 3835a ) is repealed. 2008. Effective date (a) In general The amendments made by this subtitle shall take effect on October 1, 2013, except the amendment made by section 2001(d), which shall take effect on the date of the enactment of this Act. (b) Effect on existing contracts (1) In general Except as provided in paragraph (2), the amendments made by this subtitle shall not affect the validity or terms of any contract entered into by the Secretary of Agriculture under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3831 et seq. ) before October 1, 2013, or any payments required to be made in connection with the contract. (2) Updating of existing contracts The Secretary shall permit an owner or operator of land subject to a contract entered into under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3831 et seq. ) before October 1, 2013, to update the contract to reflect the activities and uses of land under contract permitted under the terms and conditions of section 1233(b) of that Act (as amended by section 2004), as determined appropriate by the Secretary. B Conservation Stewardship Program 2101. Conservation stewardship program (a) Revision of current program Subchapter B of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3838d et seq. ) is amended to read as follows: B Conservation stewardship program 1238D. Definitions In this subchapter: (1) Agricultural operation The term agricultural operation means all eligible land, whether or not contiguous, that is— (A) under the effective control of a producer at the time the producer enters into a contract under the program; and (B) operated with equipment, labor, management, and production or cultivation practices that are substantially separate from other agricultural operations, as determined by the Secretary. (2) Conservation activities (A) In general The term conservation activities means conservation systems, practices, or management measures. (B) Inclusions The term conservation activities includes— (i) structural measures, vegetative measures, and land management measures, including agriculture drainage management systems, as determined by the Secretary; and (ii) planning needed to address a priority resource concern. (3) Conservation stewardship plan The term conservation stewardship plan means a plan that— (A) identifies and inventories priority resource concerns; (B) establishes benchmark data and conservation objectives; (C) describes conservation activities to be implemented, managed, or improved; and (D) includes a schedule and evaluation plan for the planning, installation, and management of the new and existing conservation activities. (4) Eligible land (A) In general The term eligible land means— (i) private or tribal land on which agricultural commodities, livestock, or forest-related products are produced; and (ii) lands associated with the land described in clause (i) on which priority resource concerns could be addressed through a contract under the program. (B) Inclusions The term eligible land includes— (i) cropland; (ii) grassland; (iii) rangeland; (iv) pasture land; (v) nonindustrial private forest land; and (vi) other agricultural areas (including cropped woodland, marshes, and agricultural land used or capable of being used for the production of livestock), as determined by the Secretary. (5) Priority resource concern The term priority resource concern means a natural resource concern or problem, as determined by the Secretary, that— (A) is identified at the national, State, or local level as a priority for a particular area of a State; (B) represents a significant concern in a State or region; and (C) is likely to be addressed successfully through the implementation of conservation activities under this program. (6) Program The term program means the conservation stewardship program established by this subchapter. (7) Stewardship threshold The term stewardship threshold means the level of management required, as determined by the Secretary, to conserve and improve the quality and condition of a natural resource. 1238E. Conservation stewardship program (a) Establishment and purpose During each of fiscal years 2014 through 2018, the Secretary shall carry out a conservation stewardship program to encourage producers to address priority resource concerns in a comprehensive manner— (1) by undertaking additional conservation activities; and (2) by improving, maintaining, and managing existing conservation activities. (b) Exclusions (1) Land enrolled in other conservation programs Subject to paragraph (2), the following land (even if covered by the definition of eligible land) is not eligible for enrollment in the program: (A) Land enrolled in the conservation reserve program, unless— (i) the conservation reserve contract will expire at the end of the fiscal year in which the land is to be enrolled in the program; and (ii) conservation reserve program payments for land enrolled in the program cease before the first program payment is made to the applicant under this subchapter. (B) Land enrolled in a wetland easement through the agricultural conservation easement program. (C) Land enrolled in the conservation security program. (2) Conversion to cropland Eligible land used for crop production after October 1, 2013, that had not been planted, considered to be planted, or devoted to crop production for at least 4 of the 6 years preceding that date shall not be the basis for any payment under the program, unless the land does not meet the requirement because— (A) the land had previously been enrolled in the conservation reserve program; (B) the land has been maintained using long-term crop rotation practices, as determined by the Secretary; or (C) the land is incidental land needed for efficient operation of the farm or ranch, as determined by the Secretary. 1238F. Stewardship contracts (a) Submission of contract offers To be eligible to participate in the conservation stewardship program, a producer shall submit to the Secretary a contract offer for the agricultural operation that— (1) demonstrates to the satisfaction of the Secretary that the producer, at the time of the contract offer, meets or exceeds the stewardship threshold for at least 2 priority resource concerns; and (2) would, at a minimum, meet or exceed the stewardship threshold for at least 1 additional priority resource concern by the end of the stewardship contract by— (A) installing and adopting additional conservation activities; and (B) improving, maintaining, and managing existing conservation activities across the entire agricultural operation in a manner that increases or extends the conservation benefits in place at the time the contract offer is accepted by the Secretary. (b) Evaluation of contract offers (1) Ranking of applications In evaluating contract offers submitted under subsection (a), the Secretary shall rank applications based on— (A) the level of conservation treatment on all applicable priority resource concerns at the time of application; (B) the degree to which the proposed conservation activities effectively increase conservation performance; (C) the number of applicable priority resource concerns proposed to be treated to meet or exceed the stewardship threshold by the end of the contract; (D) the extent to which other priority resource concerns will be addressed to meet or exceed the stewardship threshold by the end of the contract period; (E) the extent to which the actual and anticipated conservation benefits from the contract are provided at the least cost relative to other similarly beneficial contract offers; and (F) the extent to which priority resource concerns will be addressed when transitioning from the conservation reserve program to agricultural production. (2) Prohibition The Secretary may not assign a higher priority to any application because the applicant is willing to accept a lower payment than the applicant would otherwise be eligible to receive. (3) Additional criteria The Secretary may develop and use such additional criteria that the Secretary determines are necessary to ensure that national, State, and local priority resource concerns are effectively addressed. (c) Entering into contracts After a determination that a producer is eligible for the program under subsection (a), and a determination that the contract offer ranks sufficiently high under the evaluation criteria under subsection (b), the Secretary shall enter into a conservation stewardship contract with the producer to enroll the eligible land to be covered by the contract. (d) Contract provisions (1) Term A conservation stewardship contract shall be for a term of 5 years. (2) Required provisions The conservation stewardship contract of a producer shall— (A) state the amount of the payment the Secretary agrees to make to the producer for each year of the conservation stewardship contract under section 1238G(d); (B) require the producer— (i) to implement a conservation stewardship plan that describes the program purposes to be achieved through 1 or more conservation activities; (ii) to maintain and supply information as required by the Secretary to determine compliance with the conservation stewardship plan and any other requirements of the program; and (iii) not to conduct any activities on the agricultural operation that would tend to defeat the purposes of the program; (C) permit all economic uses of the eligible land that— (i) maintain the agricultural nature of the land; and (ii) are consistent with the conservation purposes of the conservation stewardship contract; (D) include a provision to ensure that a producer shall not be considered in violation of the contract for failure to comply with the contract due to circumstances beyond the control of the producer, including a disaster or related condition, as determined by the Secretary; (E) include provisions requiring that upon the violation of a term or condition of the contract at any time the producer has control of the land— (i) if the Secretary determines that the violation warrants termination of the contract— (I) the producer shall forfeit all rights to receive payments under the contract; and (II) the producer shall refund all or a portion of the payments received by the producer under the contract, including any interest on the payments, as determined by the Secretary; or (ii) if the Secretary determines that the violation does not warrant termination of the contract, the producer shall refund or accept adjustments to the payments provided to the producer, as the Secretary determines to be appropriate; (F) include provisions in accordance with paragraphs (3) and (4) of this section; and (G) include any additional provisions the Secretary determines are necessary to carry out the program. (3) Change of interest in land subject to a contract (A) In general At the time of application, a producer shall have control of the eligible land to be enrolled in the program. Except as provided in subparagraph (B), a change in the interest of a producer in eligible land covered by a contract under the program shall result in the termination of the contract with regard to that land. (B) Transfer of duties and rights Subparagraph (A) shall not apply if— (i) within a reasonable period of time (as determined by the Secretary) after the date of the change in the interest in eligible land covered by a contract under the program, the transferee of the land provides written notice to the Secretary that all duties and rights under the contract have been transferred to, and assumed by, the transferee for the portion of the land transferred; (ii) the transferee meets the eligibility requirements of the program; and (iii) the Secretary approves the transfer of all duties and rights under the contract. (4) Modification and termination of contracts (A) Voluntary modification or termination The Secretary may modify or terminate a contract with a producer if— (i) the producer agrees to the modification or termination; and (ii) the Secretary determines that the modification or termination is in the public interest. (B) Involuntary termination The Secretary may terminate a contract if the Secretary determines that the producer violated the contract. (5) Repayment If a contract is terminated, the Secretary may, consistent with the purposes of the program— (A) allow the producer to retain payments already received under the contract; or (B) require repayment, in whole or in part, of payments received and assess liquidated damages. (e) Contract renewal At the end of the initial 5-year contract period, the Secretary may allow the producer to renew the contract for 1 additional 5-year period if the producer— (1) demonstrates compliance with the terms of the initial contract; (2) agrees to adopt and continue to integrate conservation activities across the entire agricultural operation, as determined by the Secretary; and (3) agrees, by the end of the contract period— (A) to meet the stewardship threshold of at least two additional priority resource concerns on the agricultural operation; or (B) to exceed the stewardship threshold of two existing priority resource concerns that are specified by the Secretary in the initial contract. 1238G. Duties of the secretary (a) In general To achieve the conservation goals of a contract under the conservation stewardship program, the Secretary shall— (1) make the program available to eligible producers on a continuous enrollment basis with 1 or more ranking periods, one of which shall occur in the first quarter of each fiscal year; (2) identify not less than 5 priority resource concerns in a particular watershed or other appropriate region or area within a State; and (3) establish a science-based stewardship threshold for each priority resource concern identified under paragraph (2). (b) Allocation to states The Secretary shall allocate acres to States for enrollment, based— (1) primarily on each State’s proportion of eligible land to the total acreage of eligible land in all States; and (2) also on consideration of— (A) the extent and magnitude of the conservation needs associated with agricultural production in each State; (B) the degree to which implementation of the program in the State is, or will be, effective in helping producers address those needs; and (C) other considerations to achieve equitable geographic distribution of funds, as determined by the Secretary. (c) Acreage enrollment limitation During the period beginning on October 1, 2013, and ending on September 30, 2021, the Secretary shall, to the maximum extent practicable— (1) enroll in the program an additional 8,695,000 acres for each fiscal year; and (2) manage the program to achieve a national average rate of $18 per acre, which shall include the costs of all financial assistance, technical assistance, and any other expenses associated with enrollment or participation in the program. (d) Conservation stewardship payments (1) Availability of payments The Secretary shall provide annual payments under the program to compensate the producer for— (A) installing and adopting additional conservation activities; and (B) improving, maintaining, and managing conservation activities in place at the agricultural operation of the producer at the time the contract offer is accepted by the Secretary. (2) Payment amount The amount of the conservation stewardship annual payment shall be determined by the Secretary and based, to the maximum extent practicable, on the following factors: (A) Costs incurred by the producer associated with planning, design, materials, installation, labor, management, maintenance, or training. (B) Income forgone by the producer. (C) Expected conservation benefits. (D) The extent to which priority resource concerns will be addressed through the installation and adoption of conservation activities on the agricultural operation. (E) The level of stewardship in place at the time of application and maintained over the term of the contract. (F) The degree to which the conservation activities will be integrated across the entire agricultural operation for all applicable priority resource concerns over the term of the contract. (G) Such other factors as determined appropriate by the Secretary. (3) Exclusions A payment to a producer under this subsection shall not be provided for— (A) the design, construction, or maintenance of animal waste storage or treatment facilities or associated waste transport or transfer devices for animal feeding operations; or (B) conservation activities for which there is no cost incurred or income forgone to the producer. (4) Delivery of payments In making payments under this subsection, the Secretary shall, to the extent practicable— (A) prorate conservation performance over the term of the contract so as to accommodate, to the extent practicable, producers earning equal annual payments in each fiscal year; and (B) make payments as soon as practicable after October 1 of each fiscal year for activities carried out in the previous fiscal year. (e) Supplemental payments for resource-conserving crop rotations (1) Availability of payments The Secretary shall provide additional payments to producers that, in participating in the program, agree to adopt or improve resource-conserving crop rotations to achieve beneficial crop rotations as appropriate for the eligible land of the producers. (2) Beneficial crop rotations The Secretary shall determine whether a resource-conserving crop rotation is a beneficial crop rotation eligible for additional payments under paragraph (1) based on whether the resource-conserving crop rotation is designed to provide natural resource conservation and production benefits. (3) Eligibility To be eligible to receive a payment described in paragraph (1), a producer shall agree to adopt and maintain beneficial resource-conserving crop rotations for the term of the contract. (4) Resource-conserving crop rotation In this subsection, the term resource-conserving crop rotation means a crop rotation that— (A) includes at least 1 resource conserving crop (as defined by the Secretary); (B) reduces erosion; (C) improves soil fertility and tilth; (D) interrupts pest cycles; and (E) in applicable areas, reduces depletion of soil moisture or otherwise reduces the need for irrigation. (f) Payment limitations A person or legal entity may not receive, directly or indirectly, payments under the program that, in the aggregate, exceed $200,000 under all contracts entered into during fiscal years 2013 through 2017, excluding funding arrangements with Indian tribes, regardless of the number of contracts entered into under the program by the person or legal entity. (g) Specialty crop and organic producers The Secretary shall ensure that outreach and technical assistance are available, and program specifications are appropriate to enable specialty crop and organic producers to participate in the program. (h) Coordination with organic certification The Secretary shall establish a transparent means by which producers may initiate organic certification under the Organic Foods Production Act of 1990 ( 7 U.S.C. 6501 et seq. ) while participating in a contract under the program. (i) Regulations The Secretary shall promulgate regulations that— (1) prescribe such other rules as the Secretary determines to be necessary to ensure a fair and reasonable application of the limitations established under subsection (f); and (2) otherwise enable the Secretary to carry out the program. . (b) Effective date The amendment made by this section shall take effect on October 1, 2013. (c) Effect on existing contracts (1) In general The amendment made by this section shall not affect the validity or terms of any contract entered into by the Secretary of Agriculture under subchapter B of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3838d et seq. ) before October 1, 2013, or any payments required to be made in connection with the contract. (2) Conservation stewardship program Funds made available under section 1241(a)(4) of the Food Security Act of 1985 ( 16 U.S.C. 3841(a)(4) ) (as amended by section 2601(a) of this title) may be used to administer and make payments to program participants that enrolled into contracts during any of fiscal years 2009 through 2013. C Environmental Quality Incentives Program 2201. Purposes Section 1240 of the Food Security Act of 1985 ( 16 U.S.C. 3839aa ) is amended— (1) in paragraph (3)— (A) in subparagraph (A), by striking and at the end; (B) by redesignating subparagraph (B) as subparagraph (C) and, in such subparagraph, by inserting and after the semicolon; and (C) by inserting after subparagraph (A) the following new subparagraph: (B) developing and improving wildlife habitat; and ; (2) in paragraph (4), by striking ; and and inserting a period; and (3) by striking paragraph (5). 2202. Establishment and administration 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 (b), by striking paragraph (2) and inserting the following new paragraph: (2) Term A contract under the program shall have a term that does not exceed 10 years. ; (3) in subsection (d)(4)— (A) in subparagraph (A), in the matter preceding clause (i), by inserting , veteran farmer or rancher (as defined in section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 2279(e) )), before or a beginning farmer or rancher ; and (B) by striking subparagraph (B) and inserting the following new subparagraph: (B) Advance payments (i) In general Not more than 50 percent of the amount determined under subparagraph (A) may be provided in advance for the purpose of purchasing materials or contracting. (ii) Return of funds If funds provided in advance are not expended during the 90-day period beginning on the date of receipt of the funds, the funds shall be returned within a reasonable time frame, as determined by the Secretary. ; (4) by striking subsection (f) and inserting the following new subsection: (f) Allocation of funding (1) Livestock For each of fiscal years 2014 through 2018, at least 60 percent of the funds made available for payments under the program shall be targeted at practices relating to livestock production. (2) Wildlife habitat For each of fiscal years 2014 through 2018, 5 percent of the funds made available for payments under the program shall be targeted at practices benefitting wildlife habitat. ; (5) in subsection (g)— (A) in the subsection heading, by striking Federally Recognized Native American Indian Tribes and Alaska Native Corporations and inserting Indian Tribes ; (B) by striking federally recognized Native American Indian Tribes and Alaska Native Corporations (including their affiliated membership organizations) and inserting Indian tribes ; and (C) by striking or Native Corporation ; and (6) by adding at the end the following: (j) Wildlife habitat incentive practice The Secretary shall provide payments under the program for conservation practices that support the restoration, development, and improvement of wildlife habitat on eligible land, including— (1) upland wildlife habitat; (2) wetland wildlife habitat; (3) habitat for threatened and endangered species; (4) fish habitat; (5) habitat on pivot corners and other irregular areas of a field; and (6) other types of wildlife habitat, as determined appropriate by the Secretary. . 2203. Evaluation of applications Section 1240C(b) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–3(b) ) is amended— (1) in paragraph (1), by striking environmental and inserting conservation ; and (2) in paragraph (3), by striking purpose of the environmental quality incentives program specified in section 1240(1) and inserting purposes of the program . 2204. Duties of producers Section 1240D(2) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–4(2) ) is amended by striking farm, ranch, or forest and inserting enrolled . 2205. Limitation on payments Section 1240G of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–7 ) is amended to read as follows: 1240G. Limitation on payments A person or legal entity may not receive, directly or indirectly, cost share or incentive payments under this chapter that, in aggregate, exceed $450,000 for all contracts entered into under this chapter by the person or legal entity during the period of fiscal years 2014 through 2018, regardless of the number of contracts entered into under this chapter by the person or legal entity. . 2206. 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 and inserting a semicolon; and (C) by adding at the end the following new subparagraphs: (E) facilitate on-farm conservation research and demonstration activities; and (F) facilitate pilot testing of new technologies or innovative conservation practices. ; and (2) by striking subsection (b) and inserting the following new subsection: (b) Reporting Not later than December 31, 2014, and every two years thereafter, the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report on the status of projects funded under this section, including— (1) funding awarded; (2) project results; and (3) incorporation of project findings, such as new technology and innovative approaches, into the conservation efforts implemented by the Secretary. . 2207. Effective date (a) In general The amendments made by this subtitle shall take effect on October 1, 2013. (b) Effect on existing contracts The amendments made by this subtitle shall not affect the validity or terms of any contract entered into by the Secretary of Agriculture under chapter 4 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3839aa et seq. ) before October 1, 2013, or any payments required to be made in connection with the contract. D Agricultural Conservation Easement Program 2301. Agricultural conservation easement program (a) Establishment Title XII of the Food Security Act of 1985 is amended by adding at the end the following new subtitle: H Agricultural Conservation Easement Program 1265. Establishment and purposes (a) Establishment The Secretary shall establish an agricultural conservation easement program for the conservation of eligible land and natural resources through easements or other interests in land. (b) Purposes The purposes of the program are to— (1) combine the purposes and coordinate the functions of the wetlands reserve program established under section 1237, the grassland reserve program established under section 1238N, and the farmland protection program established under section 1238I, as such sections were in effect on September 30, 2013; (2) restore, protect, and enhance wetlands on eligible land; (3) protect the agricultural use and related conservation values of eligible land by limiting nonagricultural uses of that land; and (4) protect grazing uses and related conservation values by restoring and conserving eligible land. 1265A. Definitions In this subtitle: (1) Agricultural land easement The term agricultural land easement means an easement or other interest in eligible land that— (A) is conveyed for the purpose of protecting natural resources and the agricultural nature of the land; and (B) permits the landowner the right to continue agricultural production and related uses subject to an agricultural land easement plan, as approved by the Secretary. (2) Eligible entity The term eligible entity means— (A) an agency of State or local government or an Indian tribe (including a farmland protection board or land resource council established under State law); or (B) an organization that is— (i) organized for, and at all times since the formation of the organization has been operated principally for, 1 or more of the conservation purposes specified in clause (i), (ii), (iii), or (iv) of section 170(h)(4)(A) of the Internal Revenue Code of 1986; (ii) an organization described in section 501(c)(3) of that Code that is exempt from taxation under section 501(a) of that Code; or (iii) described in— (I) paragraph (1) or (2) of section 509(a) of that Code; or (II) section 509(a)(3) of that Code and is controlled by an organization described in section 509(a)(2) of that Code. (3) Eligible land The term eligible land means private or tribal land that is— (A) in the case of an agricultural land easement, agricultural land, including land on a farm or ranch— (i) that is subject to a pending offer for purchase of an agricultural land easement from an eligible entity; (ii) that— (I) has prime, unique, or other productive soil; (II) contains historical or archaeological resources; or (III) the protection of which will further a State or local policy consistent with the purposes of the program; and (iii) that is— (I) cropland; (II) rangeland; (III) grassland or land that contains forbs, or shrubland for which grazing is the predominate use; (IV) pastureland; or (V) nonindustrial private forest land that contributes to the economic viability of an offered parcel or serves as a buffer to protect such land from development; (B) in the case of a wetland easement, a wetland or related area, including— (i) farmed or converted wetlands, together with adjacent land that is functionally dependent on that land, if the Secretary determines it— (I) is likely to be successfully restored in a cost effective manner; and (II) will maximize the wildlife benefits and wetland functions and values, as determined by the Secretary in consultation with the Secretary of the Interior at the local level; (ii) cropland or grassland that was used for agricultural production prior to flooding from the natural overflow of— (I) a closed basin lake and adjacent land that is functionally dependent upon it, if the State or other entity is willing to provide 50 percent share of the cost of an easement; (II) a pothole and adjacent land that is functionally dependent on it; (iii) farmed wetlands and adjoining lands that— (I) are enrolled in the conservation reserve program; (II) have the highest wetland functions and values, as determined by the Secretary; and (III) are likely to return to production after they leave the conservation reserve program; (iv) riparian areas that link wetlands that are protected by easements or some other device that achieves the same purpose as an easement; or (v) other wetlands of an owner that would not otherwise be eligible, if the Secretary determines that the inclusion of such wetlands in a wetland easement would significantly add to the functional value of the easement; or (C) in the case of either an agricultural land easement or wetland easement, other land that is incidental to land described in subparagraph (A) or (B), if the Secretary determines that it is necessary for the efficient administration of the easements under this program. (4) Program The term program means the agricultural conservation easement program established by this subtitle. (5) Wetland easement The term wetland easement means a reserved interest in eligible land that— (A) is defined and delineated in a deed; and (B) stipulates— (i) the rights, title, and interests in land conveyed to the Secretary; and (ii) the rights, title, and interests in land that are reserved to the landowner. 1265B. Agricultural land easements (a) Availability of assistance The Secretary shall facilitate and provide funding for— (1) the purchase by eligible entities of agricultural land easements and other interests in eligible land; and (2) technical assistance to provide for the conservation of natural resources pursuant to an agricultural land easement plan. (b) Cost-share assistance (1) In general The Secretary shall protect the agricultural use, including grazing, and related conservation values of eligible land through cost-share assistance to eligible entities for purchasing agricultural land easements. (2) Scope of assistance available (A) Federal share An agreement described in paragraph (4) shall provide for a Federal share determined by the Secretary of an amount not to exceed 50 percent of the fair market value of the agricultural land easement or other interest in land, as determined by the Secretary using— (i) the Uniform Standards of Professional Appraisal Practice; (ii) an area-wide market analysis or survey; or (iii) another industry-approved method. (B) Non-federal share (i) In general Under the agreement, the eligible entity shall provide a share that is at least equivalent to that provided by the Secretary. (ii) Source of contribution An eligible entity may include as part of its share a charitable donation or qualified conservation contribution (as defined by section 170(h) of the Internal Revenue Code of 1986) from the private landowner if the eligible entity contributes its own cash resources in an amount that is at least 50 percent of the amount contributed by the Secretary. (C) Exception In the case of grassland of special environmental significance, as determined by the Secretary, the Secretary may provide an amount not to exceed 75 percent of the fair market value of the agricultural land easement. (3) Evaluation and ranking of applications (A) Criteria The Secretary shall establish evaluation and ranking criteria to maximize the benefit of Federal investment under the program. (B) Considerations In establishing the criteria, the Secretary shall emphasize support for— (i) protecting agricultural uses and related conservation values of the land; and (ii) maximizing the protection of areas devoted to agricultural use. (C) Bidding down If the Secretary determines that 2 or more applications for cost-share assistance are comparable in achieving the purpose of the program, the Secretary shall not assign a higher priority to any of those applications solely on the basis of lesser cost to the program. (4) Agreements with eligible entities (A) In general The Secretary shall enter into agreements with eligible entities to stipulate the terms and conditions under which the eligible entity is permitted to use cost-share assistance provided under this section. (B) Length of agreements An agreement shall be for a term that is— (i) in the case of an eligible entity certified under the process described in paragraph (5), a minimum of five years; and (ii) for all other eligible entities, at least three, but not more than five years. (C) Minimum terms and conditions An eligible entity shall be authorized to use its own terms and conditions for agricultural land easements so long as the Secretary determines such terms and conditions— (i) are consistent with the purposes of the program; (ii) permit effective enforcement of the conservation purposes of such easements; (iii) include a right of enforcement for the Secretary, that may be used only if the terms of the easement are not enforced by the holder of the easement; (iv) subject the land in which an interest is purchased to an agricultural land easement plan that— (I) describes the activities which promote the long-term viability of the land to meet the purposes for which the easement was acquired; (II) requires the management of grasslands according to a grasslands management plan; and (III) includes a conservation plan, where appropriate, and requires, at the option of the Secretary, the conversion of highly erodible cropland to less intensive uses; and (v) include a limit on the impervious surfaces to be allowed that is consistent with the agricultural activities to be conducted. (D) Substitution of qualified projects An agreement shall allow, upon mutual agreement of the parties, substitution of qualified projects that are identified at the time of the proposed substitution. (E) Effect of violation If a violation occurs of a term or condition of an agreement under this subsection— (i) the Secretary may terminate the agreement; and (ii) the Secretary may require the eligible entity to refund all or part of any payments received by the entity under the program, with interest on the payments as determined appropriate by the Secretary. (5) Certification of eligible entities (A) Certification process The Secretary shall establish a process under which the Secretary may— (i) directly certify eligible entities that meet established criteria; (ii) enter into long-term agreements with certified eligible entities; and (iii) accept proposals for cost-share assistance for the purchase of agricultural land easements throughout the duration of such agreements. (B) Certification criteria In order to be certified, an eligible entity shall demonstrate to the Secretary that the entity will maintain, at a minimum, for the duration of the agreement— (i) a plan for administering easements that is consistent with the purpose of this subtitle; (ii) the capacity and resources to monitor and enforce agricultural land easements; and (iii) policies and procedures to ensure— (I) the long-term integrity of agricultural land easements on eligible land; (II) timely completion of acquisitions of such easements; and (III) timely and complete evaluation and reporting to the Secretary on the use of funds provided under the program. (C) Review and revision (i) Review The Secretary shall conduct a review of eligible entities certified under subparagraph (A) every three years to ensure that such entities are meeting the criteria established under subparagraph (B). (ii) Revocation If the Secretary finds that the certified eligible entity no longer meets the criteria established under subparagraph (B), the Secretary may— (I) allow the certified eligible entity a specified period of time, at a minimum 180 days, in which to take such actions as may be necessary to meet the criteria; and (II) revoke the certification of the eligible entity, if after the specified period of time, the certified eligible entity does not meet such criteria. (c) Method of enrollment The Secretary shall enroll eligible land under this section through the use of— (1) permanent easements; or (2) easements for the maximum duration allowed under applicable State laws. (d) Technical assistance The Secretary may provide technical assistance, if requested, to assist in— (1) compliance with the terms and conditions of easements; and (2) implementation of an agricultural land easement plan. 1265C. Wetland easements (a) Availability of assistance The Secretary shall provide assistance to owners of eligible land to restore, protect, and enhance wetlands through— (1) wetland easements and related wetland easement plans; and (2) technical assistance. (b) Easements (1) Method of enrollment The Secretary shall enroll eligible land under this section through the use of— (A) 30-year easements; (B) permanent easements; (C) easements for the maximum duration allowed under applicable State laws; or (D) as an option for Indian tribes only, 30-year contracts (which shall be considered to be 30-year easements for the purposes of this subtitle). (2) Limitations (A) Ineligible land The Secretary may not acquire easements on— (i) land established to trees under the conservation reserve program, except in cases where the Secretary determines it would further the purposes of the program; and (ii) farmed wetlands or converted wetlands where the conversion was not commenced prior to December 23, 1985. (B) Changes in ownership No wetland easement shall be created on land that has changed ownership during the preceding 24-month period unless— (i) the new ownership was acquired by will or succession as a result of the death of the previous owner; (ii) (I) the ownership change occurred because of foreclosure on the land; and (II) immediately before the foreclosure, the owner of the land exercises a right of redemption from the mortgage holder in accordance with State law; or (iii) the Secretary determines that the land was acquired under circumstances that give adequate assurances that such land was not acquired for the purposes of placing it in the program. (3) Evaluation and ranking of offers (A) Criteria The Secretary shall establish evaluation and ranking criteria to maximize the benefit of Federal investment under the program. (B) Considerations When evaluating offers from landowners, the Secretary may consider— (i) the conservation benefits of obtaining a wetland easement, including the potential environmental benefits if the land was removed from agricultural production; (ii) the cost-effectiveness of each wetland easement, so as to maximize the environmental benefits per dollar expended; (iii) whether the landowner or another person is offering to contribute financially to the cost of the wetland easement to leverage Federal funds; and (iv) such other factors as the Secretary determines are necessary to carry out the purposes of the program. (C) Priority The Secretary shall place priority on acquiring wetland easements based on the value of the wetland easement for protecting and enhancing habitat for migratory birds and other wildlife. (4) Agreement To be eligible to place eligible land into the program through a wetland easement, the owner of such land shall enter into an agreement with the Secretary to— (A) grant an easement on such land to the Secretary; (B) authorize the implementation of a wetland easement plan developed for the eligible land under subsection (f); (C) create and record an appropriate deed restriction in accordance with applicable State law to reflect the easement agreed to; (D) provide a written statement of consent to such easement signed by those holding a security interest in the land; (E) comply with the terms and conditions of the easement and any related agreements; and (F) permanently retire any existing base history for the land on which the easement has been obtained. (5) Terms and conditions of easement (A) In general A wetland easement shall include terms and conditions that— (i) permit— (I) repairs, improvements, and inspections on the land that are necessary to maintain existing public drainage systems; and (II) owners to control public access on the easement areas while identifying access routes to be used for restoration activities and management and easement monitoring; (ii) prohibit— (I) the alteration of wildlife habitat and other natural features of such land, unless specifically authorized by the Secretary; (II) the spraying of such land with chemicals or the mowing of such land, except where such spraying or mowing is authorized by the Secretary or is necessary— (aa) to comply with Federal or State noxious weed control laws; (bb) to comply with a Federal or State emergency pest treatment program; or (cc) to meet habitat needs of specific wildlife species; (III) any activities to be carried out on the owner’s or successor’s land that is immediately adjacent to, and functionally related to, the land that is subject to the easement if such activities will alter, degrade, or otherwise diminish the functional value of the eligible land; and (IV) the adoption of any other practice that would tend to defeat the purposes of the program, as determined by the Secretary; (iii) provide for the efficient and effective establishment of wildlife functions and values; and (iv) include such additional provisions as the Secretary determines are desirable to carry out the program or facilitate the practical administration thereof. (B) Violation On the violation of the terms or conditions of a wetland easement, the wetland easement shall remain in force and the Secretary may require the owner to refund all or part of any payments received by the owner under the program, together with interest thereon as determined appropriate by the Secretary. (C) Compatible uses Land subject to a wetland easement may be used for compatible economic uses, including such activities as hunting and fishing, managed timber harvest, or periodic haying or grazing, if such use is specifically permitted by the wetland easement plan developed for the land under subsection (f) and is consistent with the long-term protection and enhancement of the wetland resources for which the easement was established. (D) Reservation of grazing rights The Secretary may include in the terms and conditions of a wetland easement a provision under which the owner reserves grazing rights if— (i) the Secretary determines that the reservation and use of the grazing rights— (I) is compatible with the land subject to the easement; (II) is consistent with the historical natural uses of the land and the long-term protection and enhancement goals for which the easement was established; and (III) complies with the wetland easement plan developed for the land under subsection (f); and (ii) the agreement provides for a commensurate reduction in the easement payment to account for the grazing value, as determined by the Secretary. (6) Compensation (A) Determination (i) Permanent easements The Secretary shall pay as compensation for a permanent wetland easement acquired under the program an amount necessary to encourage enrollment in the program, based on the lowest of— (I) the fair market value of the land, as determined by the Secretary, using the Uniform Standards of Professional Appraisal Practice or an area-wide market analysis or survey; (II) the amount corresponding to a geographical cap, as determined by the Secretary in regulations; or (III) the offer made by the landowner. (ii) 30-year easements Compensation for a 30-year wetland easement shall be not less than 50 percent, but not more than 75 percent, of the compensation that would be paid for a permanent wetland easement. (B) Form of payment Compensation for a wetland easement shall be provided by the Secretary in the form of a cash payment, in an amount determined under subparagraph (A). (C) Payment schedule (i) Easements valued at $500,000 or less For wetland easements valued at $500,000 or less, the Secretary may provide easement payments in not more than 10 annual payments. (ii) Easements valued at more than $500,000 For wetland easements valued at more than $500,000, the Secretary may provide easement payments in at least 5, but not more than 10 annual payments, except that, if the Secretary determines it would further the purposes of the program, the Secretary may make a lump sum payment for such an easement. (c) Easement restoration (1) In general The Secretary shall provide financial assistance to owners of eligible land to carry out the establishment of conservation measures and practices and protect wetland functions and values, including necessary maintenance activities, as set forth in a wetland easement plan developed for the eligible land under subsection (f). (2) Payments The Secretary shall— (A) in the case of a permanent wetland easement, pay an amount that is not less than 75 percent, but not more than 100 percent, of the eligible costs, as determined by the Secretary; and (B) in the case of a 30-year wetland easement, pay an amount that is not less than 50 percent, but not more than 75 percent, of the eligible costs, as determined by the Secretary. (d) Technical assistance (1) In general The Secretary shall assist owners in complying with the terms and conditions of wetland easements. (2) Contracts or agreements The Secretary may enter into 1 or more contracts with private entities or agreements with a State, non-governmental organization, or Indian tribe to carry out necessary restoration, enhancement, or maintenance of a wetland easement if the Secretary determines that the contract or agreement will advance the purposes of the program. (e) Wetland enhancement option The Secretary may enter into 1 or more agreements with a State (including a political subdivision or agency of a State), nongovernmental organization, or Indian tribe to carry out a special wetland enhancement option that the Secretary determines would advance the purposes of program. (f) Administration (1) Wetland easement plan The Secretary shall develop a wetland easement plan for eligible lands subject to a wetland easement, which shall include practices and activities necessary to restore, protect, enhance, and maintain the enrolled lands. (2) Delegation of easement administration The Secretary may delegate— (A) any of the easement management, monitoring, and enforcement responsibilities of the Secretary to other Federal or State agencies that have the appropriate authority, expertise, and resources necessary to carry out such delegated responsibilities; and (B) any of the easement management responsibilities of the Secretary to other conservation organizations if the Secretary determines the organization has the appropriate expertise and resources. (3) Payments (A) Timing of payments The Secretary shall provide payment for obligations incurred by the Secretary under this section— (i) with respect to any easement restoration obligation under subsection (c), as soon as possible after the obligation is incurred; and (ii) with respect to any annual easement payment obligation incurred by the Secretary, as soon as possible after October 1 of each calendar year. (B) Payments to others If an owner who is entitled to a payment under this section dies, becomes incompetent, is otherwise unable to receive such payment, or is succeeded by another person or entity who renders or completes the required performance, the Secretary shall make such payment, in accordance with regulations prescribed by the Secretary and without regard to any other provision of law, in such manner as the Secretary determines is fair and reasonable in light of all of the circumstances. 1265D. Administration (a) Ineligible land The Secretary may not use program funds for the purposes of acquiring an easement on— (1) lands owned by an agency of the United States, other than land held in trust for Indian tribes; (2) lands owned in fee title by a State, including an agency or a subdivision of a State, or a unit of local government; (3) land subject to an easement or deed restriction which, as determined by the Secretary, provides similar protection as would be provided by enrollment in the program; or (4) lands where the purposes of the program would be undermined due to on-site or off-site conditions, such as risk of hazardous substances, proposed or existing rights of way, infrastructure development, or adjacent land uses. (b) Priority In evaluating applications under the program, the Secretary may give priority to land that is currently enrolled in the conservation reserve program in a contract that is set to expire within 1 year and— (1) in the case of an agricultural land easement, is grassland that would benefit from protection under a long-term easement; and (2) in the case of a wetland easement, is a wetland or related area with the highest functions and value and is likely to return to production after the land leaves the conservation reserve program. (c) Subordination, exchange, modification, and termination (1) In general The Secretary may subordinate, exchange, modify, or terminate any interest in land, or portion of such interest, administered by the Secretary, either directly or on behalf of the Commodity Credit Corporation under the program if the Secretary determines that— (A) it is in the Federal Government’s interest to subordinate, exchange, modify, or terminate the interest in land; (B) the subordination, exchange, modification, or termination action— (i) will address a compelling public need for which there is no practicable alternative; or (ii) such action will further the practical administration of the program; and (C) the subordination, exchange, modification, or termination action will result in comparable conservation value and equivalent or greater economic value to the United States. (2) Consultation The Secretary shall work with the owner, and eligible entity if applicable, to address any subordination, exchange, modification, or termination of the interest, or portion of such interest, in land. (3) Notice At least 90 days before taking any termination action described in paragraph (1), the Secretary shall provide written notice of such action to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. (d) Land enrolled in conservation reserve program The Secretary may terminate or modify a contract entered into under section 1231(a) if eligible land that is subject to such contract is transferred into the program. (e) Allocation of funds for agricultural land easements Of the funds made available under section 1241 to carry out the program for a fiscal year, the Secretary shall, to the extent practicable, use for agricultural land easements— (1) no less than 40 percent in each of fiscal years 2014 through 2017; and (2) no less than 50 percent in fiscal year 2018. . (b) Compliance with certain requirements Before an eligible entity or owner of eligible land may receive assistance under subtitle H of title XII of the Food Security Act of 1985, the eligible entity or person shall agree, during the crop year for which the assistance is provided and in exchange for the assistance— (1) to comply with applicable conservation requirements under subtitle B of title XII of that Act ( 16 U.S.C. 3811 et seq. ); and (2) to comply with applicable wetland protection requirements under subtitle C of title XII of that Act ( 16 U.S.C. 3821 et seq. ). (c) Cross reference; calculation Section 1244 of the Food Security Act of 1985 ( 16 U.S.C. 3844 ) is amended— (1) in subsection (c)— (A) in paragraph (1)— (i) by inserting and at the end of subparagraph (A); (ii) by striking and at the end of subparagraph (B); and (iii) by striking subparagraph (C); (B) by redesignating paragraph (2) as paragraph (3); and (C) by inserting after paragraph (1) the following new subparagraph: (2) the agricultural conservation easement program established under subtitle H; and ; and (2) in subsection (f)— (A) in paragraph (1)— (i) in subparagraph (A), by striking programs administered under subchapters B and C of chapter 1 of subtitle D and inserting conservation reserve program established under subchapter B of chapter 1 of subtitle D and wetland easements under section 1265C ; and (ii) in subparagraph (B), by striking an easement acquired under subchapter C of chapter 1 of subtitle D and inserting a wetland easement under section 1265C ; and (B) by adding at the end the following new paragraph: (5) Calculation In calculating the percentages described in paragraph (1), the Secretary shall include any acreage that was included in calculations of percentages made under such paragraph, as in effect on September 30, 2013, and that remains enrolled when the calculation is made after that date under paragraph (1). . (d) Effective date The amendments made by this section shall take effect on October 1, 2013. E Regional Conservation Partnership Program 2401. Regional conservation partnership program (a) In general Title XII of the Food Security Act of 1985 is amended by inserting after subtitle H, as added by section 2301, the following new subtitle: I Regional Conservation Partnership Program 1271. Establishment and purposes (a) Establishment The Secretary shall establish a regional conservation partnership program to implement eligible activities on eligible land through— (1) partnership agreements with eligible partners; and (2) contracts with producers. (b) Purposes The purposes of the program are as follows: (1) To use covered programs to accomplish purposes and functions similar to those of the following programs, as in effect on September 30, 2013: (A) The agricultural water enhancement program established under section 1240I. (B) The Chesapeake Bay watershed program established under section 1240Q. (C) The cooperative conservation partnership initiative established under section 1243. (D) The Great Lakes basin program for soil erosion and sediment control established under section 1240P. (2) To further the conservation, restoration, and sustainable use of soil, water, wildlife, and related natural resources on eligible land on a regional or watershed scale. (3) To encourage eligible partners to cooperate with producers in— (A) meeting or avoiding the need for national, State, and local natural resource regulatory requirements related to production on eligible land; and (B) implementing projects that will result in the carrying out of eligible activities that affect multiple agricultural or nonindustrial private forest operations on a local, regional, State, or multi-State basis. 1271A. Definitions In this subtitle: (1) Covered program The term covered program means the following: (A) The agricultural conservation easement program. (B) The environmental quality incentives program. (C) The conservation stewardship program. (2) Eligible activity The term eligible activity means any of the following conservation activities: (A) Water quality or quantity conservation, restoration, or enhancement projects relating to surface water and groundwater resources, including— (i) the conversion of irrigated cropland to the production of less water-intensive agricultural commodities or dryland farming; or (ii) irrigation system improvement and irrigation efficiency enhancement. (B) Drought mitigation. (C) Flood prevention. (D) Water retention. (E) Air quality improvement. (F) Habitat conservation, restoration, and enhancement. (G) Erosion control and sediment reduction. (H) Other related activities that the Secretary determines will help achieve conservation benefits. (3) Eligible land The term eligible land means land on which agricultural commodities, livestock, or forest-related products are produced, including— (A) cropland; (B) grassland; (C) rangeland; (D) pastureland; (E) nonindustrial private forest land; and (F) other land incidental to agricultural production (including wetlands and riparian buffers) on which significant natural resource issues could be addressed under the program. (4) Eligible partner The term eligible partner means any of the following: (A) An agricultural or silvicultural producer association or other group of producers. (B) A State or unit of local government. (C) An Indian tribe. (D) A farmer cooperative. (E) A water district, irrigation district, rural water district or association, or other organization with specific water delivery authority to producers on agricultural land. (F) An institution of higher education. (G) An organization or entity with an established history of working cooperatively with producers on agricultural land, as determined by the Secretary, to address— (i) local conservation priorities related to agricultural production, wildlife habitat development, or nonindustrial private forest land management; or (ii) critical watershed-scale soil erosion, water quality, sediment reduction, or other natural resource issues. (5) Partnership agreement The term partnership agreement means an agreement entered into under section 1271B between the Secretary and an eligible partner. (6) Program The term program means the regional conservation partnership program established by this subtitle. 1271B. Regional conservation partnerships (a) Partnership agreements authorized The Secretary may enter into a partnership agreement with an eligible partner to implement a project that will assist producers with installing and maintaining an eligible activity on eligible land. (b) Length A partnership agreement shall be for a period not to exceed 5 years, except that the Secretary may extend the agreement one time for up to 12 months when an extension is necessary to meet the objectives of the program. (c) Duties of partners (1) In general Under a partnership agreement, the eligible partner shall— (A) define the scope of a project, including— (i) the eligible activities to be implemented; (ii) the potential agricultural or nonindustrial private forest land operations affected; (iii) the local, State, multi-State, or other geographic area covered; and (iv) the planning, outreach, implementation, and assessment to be conducted; (B) conduct outreach to producers for potential participation in the project; (C) at the request of a producer, act on behalf of a producer participating in the project in applying for assistance under section 1271C; (D) leverage financial or technical assistance provided by the Secretary with additional funds to help achieve the project objectives; (E) conduct an assessment of the project’s effects; and (F) at the conclusion of the project, report to the Secretary on its results and funds leveraged. (2) Contribution An eligible partner shall provide a significant portion of the overall costs of the scope of the project that is the subject of the agreement entered into under subsection (a), as determined by the Secretary. (d) Applications (1) Competitive process The Secretary shall conduct a competitive process to select applications for partnership agreements and may assess and rank applications with similar conservation purposes as a group. (2) Criteria used In carrying out the process described in paragraph (1), the Secretary shall make public the criteria used in evaluating applications. (3) Content An application to the Secretary shall include a description of— (A) the scope of the project, as described in subsection (c)(1)(A); (B) the plan for monitoring, evaluating, and reporting on progress made towards achieving the project’s objectives; (C) the program resources requested for the project, including the covered programs to be used and estimated funding needed from the Secretary; (D) eligible partners collaborating to achieve project objectives, including their roles, responsibilities, capabilities, and financial contribution; and (E) any other elements the Secretary considers necessary to adequately evaluate and competitively select applications for funding under the program. (4) Priority to certain applications The Secretary may give a higher priority to applications that— (A) assist producers in meeting or avoiding the need for a natural resource regulatory requirement; (B) have a high percentage of eligible producers in the area to be covered by the agreement; (C) significantly leverage non-Federal financial and technical resources and coordinate with other local, State, or national efforts; (D) deliver high percentages of applied conservation to address conservation priorities or regional, State, or national conservation initiatives; (E) provide innovation in conservation methods and delivery, including outcome-based performance measures and methods; or (F) meet other factors that are important for achieving the purposes of the program, as determined by the Secretary. 1271C. Assistance to producers (a) In general The Secretary shall enter into contracts with producers to provide financial and technical assistance to— (1) producers participating in a project with an eligible partner, as described in section 1271B; or (2) producers that fit within the scope of a project described in section 1271B or a critical conservation area designated under section 1271F, but who are seeking to implement an eligible activity on eligible land independent of a partner. (b) Terms and conditions (1) Consistency with program rules Except as provided in paragraph (2), the Secretary shall ensure that the terms and conditions of a contract under this section are consistent with the applicable rules of the covered programs to be used as part of the project, as described in the application under section 1271B(d)(3)(C). (2) Adjustments Except with respect to statutory program requirements governing appeals, payment limitations, and conservation compliance, the Secretary may adjust the discretionary program rules of a covered program— (A) to provide a simplified application and evaluation process; and (B) to better reflect unique local circumstances and purposes if the Secretary determines such adjustments are necessary to achieve the purposes of the program. (c) Payments (1) In general In accordance with statutory requirements of the covered programs involved, the Secretary may make payments to a producer in an amount determined by the Secretary to be necessary to achieve the purposes of the program. (2) Payments to producers in States with water quantity concerns The Secretary may provide payments to producers participating in a project that addresses water quantity concerns for a period of five years in an amount sufficient to encourage conversion from irrigated farming to dryland farming. (3) Waiver authority To assist in the implementation of the program, the Secretary may waive the applicability of the limitation in section 1001D(b)(2) of this Act for participating producers if the Secretary determines that the waiver is necessary to fulfill the objectives of the program. 1271D. Funding (a) Availability of funds The Secretary shall use $100,000,000 of the funds of the Commodity Credit Corporation for each of fiscal years 2014 through 2018 to carry out the program. (b) Duration of availability Funds made available under subsection (a) shall remain available until expended. (c) Additional funding and acres (1) In general In addition to the funds made available under subsection (a), the Secretary shall reserve 6 percent of the funds and acres made available for a covered program for each of fiscal years 2014 through 2018 in order to ensure additional resources are available to carry out this program. (2) Unused funds and acres Any funds or acres reserved under paragraph (1) for a fiscal year from a covered program that are not obligated under this program by April 1 of that fiscal year shall be returned for use under the covered program. (d) Allocation of funding Of the funds and acres made available for the program under subsections (a) and (c), the Secretary shall allocate— (1) 25 percent of the funds and acres to projects based on a State competitive process administered by the State Conservationist, with the advice of the State technical committee established under subtitle G; (2) 50 percent of the funds and acres to projects based on a national competitive process to be established by the Secretary; and (3) 25 percent of the funds and acres to projects for the critical conservation areas designated under section 1271F. (e) Limitation on administrative expenses None of the funds made available under the program may be used to pay for the administrative expenses of eligible partners. 1271E. Administration (a) Disclosure In addition to the criteria used in evaluating applications as described in section 1271B(d)(2), the Secretary shall make publicly available information on projects selected through the competitive process described in section 1271B(d)(1). (b) Reporting Not later than December 31, 2014, and every two years thereafter, 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 the status of projects funded under the program, including— (1) the number and types of eligible partners and producers participating in the partnership agreements selected; (2) the number of producers receiving assistance; and (3) total funding committed to projects, including from Federal and non-Federal resources. 1271F. Critical conservation areas (a) In general In administering funds under section 1271D(d)(3), the Secretary shall select applications for partnership agreements and producer contracts within critical conservation areas designated under this section. (b) Critical conservation area designations (1) Priority In designating critical conservation areas under this section, the Secretary shall give priority to geographical areas based on the degree to which the geographical area— (A) includes multiple States with significant agricultural production; (B) is covered by an existing regional, State, binational, or multistate agreement or plan that has established objectives, goals, and work plans and is adopted by a Federal, State, or regional authority; (C) would benefit from water quality improvement, including through reducing erosion, promoting sediment control, and addressing nutrient management activities affecting large bodies of water of regional, national, or international significance; (D) would benefit from water quantity improvement, including improvement relating to— (i) groundwater, surface water, aquifer, or other water sources; or (ii) a need to promote water retention and flood prevention; or (E) contains producers that need assistance in meeting or avoiding the need for a natural resource regulatory requirement that could have a negative economic impact on agricultural operations within the area. (2) Limitation The Secretary may not designate more than 8 geographical areas as critical conservation areas under this section. (c) Administration (1) In general Except as provided in paragraph (2), the Secretary shall administer any partnership agreement or producer contract under this section in a manner that is consistent with the terms of the program. (2) Relationship to existing activity The Secretary shall, to the maximum extent practicable, ensure that eligible activities carried out in critical conservation areas designated under this section complement and are consistent with other Federal and State programs and water quality and quantity strategies. (3) Additional authority For a critical conservation area described in subsection (b)(1)(D), the Secretary may use authorities under the Watershed Protection and Flood Prevention Act ( 16 U.S.C. 1001 et seq. ), other than section 14 of such Act ( 16 U.S.C. 1012 ), to carry out projects for the purposes of this section. . (b) Effective date The amendment made by this section shall take effect on October 1, 2013. F Other Conservation Programs 2501. Conservation of private grazing land Section 1240M(e) of the Food Security Act of 1985 ( 16 U.S.C. 3839bb(e) ) is amended by striking 2012 and inserting 2018 . 2502. Grassroots source water protection program Section 1240O(b) of the Food Security Act of 1985 ( 16 U.S.C. 3839bb–2 ) is amended to read as follows: (b) Funding (1) Authorization of appropriations There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2008 through 2018. (2) Availability of funds In addition to funds made available under paragraph (1), of the funds of the Commodity Credit Corporation, the Secretary shall use $5,000,000, to remain available until expended. . 2503. Voluntary public access and habitat incentive program (a) Funding Section 1240R(f)(1) of the Food Security Act of 1985 ( 16 U.S.C. 3839bb–5(f)(1) ) is amended by inserting before the period at the end the following: and $30,000,000 for the period of fiscal years 2014 through 2018 . (b) Report on program effectiveness Not later than two years after the date of the enactment of this Act, the Secretary of Agriculture 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 evaluating the effectiveness of the voluntary public access program established by section 1240R of the Food Security Act of 1985 ( 16 U.S.C. 3839bb–5 ), including— (1) identifying cooperating agencies; (2) identifying the number of land holdings and total acres enrolled by each State and tribal government; (3) evaluating the extent of improved access on eligible lands, improved wildlife habitat, and related economic benefits; and (4) any other relevant information and data relating to the program that would be helpful to such Committees. 2504. Agriculture conservation experienced services program (a) Funding Subsection (c) of section 1252 of the Food Security Act of 1985 ( 16 U.S.C. 3851 ) is amended to read as follows: (c) Funding (1) In general The Secretary may carry out the ACES program using funds made available to carry out each program under this title. (2) Exclusion Funds made available to carry out the conservation reserve program may not be used to carry out the ACES program. . (b) Effective date The amendment made by this section shall take effect on October 1, 2013. 2505. Small watershed rehabilitation program (a) Availability of Funds Section 14(h)(1) of the Watershed Protection and Flood Prevention Act ( 16 U.S.C. 1012(h)(1) ) is amended— (1) in subparagraph (E), by striking ; and and inserting a semicolon; (2) in subparagraph (F), by striking the period and inserting a semicolon; (3) in subparagraph (G), by striking the period and inserting ; and ; and (4) by adding at the end the following new subparagraph: (H) $250,000,000 for fiscal year 2014, to remain available until expended. . (b) Authorization of appropriations Section 14(h)(2)(E) of the Watershed Protection and Flood Prevention Act ( 16 U.S.C. 1012(h)(2)(E) ) is amended by striking 2012 and inserting 2018 . 2506. Agricultural management assistance program (a) Uses Section 524(b)(2) of the Federal Crop Insurance Act ( 7 U.S.C. 1524(b)(2) ) is amended— (1) by striking subparagraph (B) and redesignating subparagraphs (C) through (F) as subparagraphs (B) through (E), respectively; and (2) in subparagraph (B) (as so redesignated)— (A) in the matter preceding clause (i), by striking or resource conservation practices ; and (B) by striking clause (i) and redesignating clauses (ii) through (iv) as clauses (i) through (iii), respectively. (b) Commodity Credit Corporation (1) Funding Section 524(b)(4)(B) of the Federal Crop Insurance Act ( 7 U.S.C. 1524(b)(4)(B) ) is amended to read as follows: (B) Funding The Commodity Credit Corporation shall make available to carry out this subsection not less than $10,000,000 for each fiscal year. . (2) Certain uses Section 524(b)(4)(C) of the Federal Crop Insurance Act ( 7 U.S.C. 1524(b)(4)(C) ) is amended— (A) in clause (i)— (i) by striking 50 and inserting 30 ; and (ii) by striking (A), (B), and (C) and inserting (A) and (B) ; and (B) in clause (iii), by striking 40 and inserting 60 . G Funding and Administration 2601. Funding (a) In general Subsection (a) of section 1241 of the Food Security Act of 1985 ( 16 U.S.C. 3841 ) is amended to read as follows: (a) Annual funding For each of fiscal years 2014 through 2018, the Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out the following programs under this title (including the provision of technical assistance): (1) The conservation reserve program under subchapter B of chapter 1 of subtitle D, including, to the maximum extent practicable, $25,000,000 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 and socially disadvantaged farmers or ranchers. (2) The agriculture conservation easement program under subtitle H, using, to the maximum extent practicable— (A) $425,000,000 in fiscal year 2014; (B) $450,000,000 in fiscal year 2015; (C) $475,000,000 in fiscal year 2016; (D) $500,000,000 in fiscal year 2017; and (E) $200,000,000 in fiscal year 2018. (3) The conservation security program under subchapter A of chapter 2 of subtitle D, using such sums as are necessary to administer contracts entered into before September 30, 2008. (4) The conservation stewardship program under subchapter B of chapter 2 of subtitle D. (5) The environmental quality incentives program under chapter 4 of subtitle D, using, to the maximum extent practicable, $1,750,000,000 for each of fiscal years 2014 through 2018. . (b) Regional equity; guaranteed availability of funds Section 1241 of the Food Security Act of 1985 ( 16 U.S.C. 3841 ) is amended— (1) by striking subsection (e); (2) by redesignating subsections (b) through (d) as subsections (c) through (e); respectively; and (3) by inserting after subsection (a) the following new subsection: (b) Availability of funds Amounts made available by subsection (a) shall be used by the Secretary to carry out the programs specified in such subsection for fiscal years 2014 through 2018 and shall remain available until expended. Amounts made available for the programs specified in such subsection during a fiscal year through modifications, cancellations, terminations, and other related administrative actions and not obligated in that fiscal year shall remain available for obligation during subsequent fiscal years, but shall reduce the amount of additional funds made available in the subsequent fiscal year by an amount equal to the amount remaining unobligated. . (c) Effective date The amendments made by this section shall take effect on October 1, 2013. 2602. Technical assistance (a) In general Subsection (c) of section 1241 of the Food Security Act of 1985 ( 16 U.S.C. 3841 ), as redesignated by section 2601(b)(1) of this Act, is amended to read as follows: (c) Technical assistance (1) Availability of funds Commodity Credit Corporation funds made available for a fiscal year for each of the programs specified in subsection (a)— (A) shall be available for the provision of technical assistance for the programs for which funds are made available as necessary to implement the programs effectively; and (B) shall not be available for the provision of technical assistance for conservation programs specified in subsection (a) other than the program for which the funds were made available. (2) Report Not later than December 31, 2013, the Secretary shall submit (and update as necessary in subsequent years) to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report— (A) detailing the amount of technical assistance funds requested and apportioned in each program specified in subsection (a) during the preceding fiscal year; and (B) any other data relating to this subsection that would be helpful to such Committees. . (b) Effective date The amendment made by this section shall take effect on October 1, 2013. 2603. Reservation of funds to provide assistance to certain farmers or ranchers for conservation access (a) In general Subsection (g) of section 1241 of the Food Security Act of 1985 ( 16 U.S.C. 3841 ) is amended— (1) in paragraph (1) by striking 2012 and inserting 2018 ; and (2) by adding at the end the following new paragraph: (4) Preference In providing assistance under paragraph (1), the Secretary shall give preference to a veteran farmer or rancher (as defined in section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 2279(e) )) that qualifies under subparagraph (A) or (B) of paragraph (1). . (b) Effective date The amendments made by this section shall take effect on October 1, 2013. 2604. Annual report on program enrollments and assistance (a) In general Subsection (h) of section 1241 of the Food Security Act of 1985 ( 16 U.S.C. 3841 ) is amended— (1) in paragraph (1), by striking wetlands reserve program and inserting agricultural conservation easement program ; (2) by striking paragraphs (2) and (3) and redesignating paragraphs (4), (5), and (6) as paragraphs (2), (3), and (4), respectively; and (3) in paragraph (3) (as so redesignated)— (A) by striking agricultural water enhancement program and inserting regional conservation partnership program ; and (B) by striking 1240I(g) and inserting 1271C(c)(3) . (b) Effective date The amendments made by this section shall take effect on October 1, 2013. 2605. Review of conservation practice standards Section 1242(h)(1)(A) of the Food Security Act of 1985 ( 16 U.S.C. 3842(h)(1)(A) ) is amended by striking the Food, Conservation, and Energy Act of 2008 and inserting the Federal Agriculture Reform and Risk Management Act of 2013 . 2606. Administrative requirements applicable to all conservation programs (a) In general Section 1244 of the Food Security Act of 1985 ( 16 U.S.C. 3844 ) is amended— (1) in subsection (a)(2), by adding at the end the following new subparagraph: (E) Veteran farmers or ranchers (as defined in section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 2279(e) )). ; (2) in subsection (d), by inserting , H, and I before the period at the end; (3) in subsection (f)— (A) in paragraph (1)(B), by striking country and inserting county ; and (B) in paragraph (3), by striking subsection (c)(2)(B) or (f)(4) and inserting subsection (c)(2)(A)(ii) or (f)(2) ; and (4) by adding at the end the following new subsections: (j) Improved administrative efficiency and effectiveness In administrating a conservation program under this title, the Secretary shall, to the maximum extent practicable— (1) seek to reduce administrative burdens and costs to producers by streamlining conservation planning and program resources; and (2) take advantage of new technologies to enhance efficiency and effectiveness. (k) Relation to other payments Any payment received by an owner or operator under this title, including an easement payment or rental payment, shall be in addition to, and not affect, the total amount of payments that the owner or operator is otherwise eligible to receive under any of the following: (1) This Act. (2) The Agricultural Act of 1949 ( 7 U.S.C. 1421 et seq. ). (3) The Federal Agriculture Reform and Risk Management Act of 2013. (4) Any law that succeeds a law specified in paragraph (1), (2), or (3). . (b) Effective date The amendments made by this section shall take effect on October 1, 2013. 2607. Standards for State technical committees Section 1261(b) of the Food Security Act of 1985 ( 16 U.S.C. 3861(b) ) is amended by striking Not later than 180 days after the date of enactment of the Food, Conservation, and Energy Act of 2008, the Secretary shall develop and inserting The Secretary shall review and update as necessary . 2608. Rulemaking authority Subtitle E of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3841 et seq. ) is amended by adding at the end the following new section: 1246. Regulations (a) In general The Secretary shall promulgate such regulations as are necessary to implement programs under this title, including such regulations as the Secretary determines to be necessary to ensure a fair and reasonable application of the limitations established under section 1244(f). (b) Rulemaking procedure The promulgation of regulations and administration of programs under this title— (1) shall be carried out without regard to— (A) the Statement of Policy of the Secretary effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (B) chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act); and (2) shall be made as an interim rule effective on publication with an opportunity for notice and comment. (c) Congressional review of agency rulemaking In promulgating regulations under this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code. . H Repeal of Superseded Program Authorities and Transitional Provisions; Technical Amendments 2701. Comprehensive conservation enhancement program (a) Repeal Section 1230 of the Food Security Act of 1985 ( 16 U.S.C. 3830 ) is repealed. (b) Conforming amendment The heading of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3830 et seq. ) is amended to read as follows: Conservation Reserve . 2702. Emergency forestry conservation reserve program (a) Repeal Section 1231A of the Food Security Act of 1985 ( 16 U.S.C. 3831a ) is repealed. (b) Transitional provisions (1) Effect on existing contracts The amendment made by this section shall not affect the validity or terms of any contract entered into by the Secretary of Agriculture under section 1231A of the Food Security Act of 1985 ( 16 U.S.C. 3831a ) before October 1, 2013, or any payments required to be made in connection with the contract. (2) Funding The Secretary may use funds made available to carry out the conservation reserve program under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3831 et seq. ) to continue to carry out contracts referred to in paragraph (1) using the provisions of law and regulation applicable to such contracts as they existed on September 30, 2013. (c) Effective date The amendment made by this section shall take effect on October 1, 2013. 2703. Wetlands reserve program (a) Repeal Subchapter C of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3837 et seq. ) is repealed. (b) Transitional provisions (1) Effect on existing contracts The amendment made by this section shall not affect the validity or terms of any contract entered into by the Secretary of Agriculture under subchapter C of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3837 et seq. ) before October 1, 2013, or any payments required to be made in connection with the contract. (2) Funding The Secretary may use funds made available to carry out the agricultural conservation easement program under subtitle H of title XII of the Food Security Act of 1985, as added by section 2301 of this Act, to continue to carry out contracts referred to in paragraph (1) using the provisions of law and regulation applicable to such contracts as they existed on September 30, 2013. (c) Effective date The amendment made by this section shall take effect on October 1, 2013. 2704. Farmland protection program and farm viability program (a) Repeal Subchapter C of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3838h et seq. ) is repealed. (b) Conforming amendment The heading of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3838 et seq. ) is amended by striking and Farmland Protection . (c) Transitional provisions (1) Effect on existing contracts The amendments made by this section shall not affect the validity or terms of any contract entered into by the Secretary of Agriculture under subchapter C of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3838h et seq. ) before October 1, 2013, or any payments required to be made in connection with the contract. (2) Funding The Secretary may use funds made available to carry out the agricultural conservation easement program under subtitle H of title XII of the Food Security Act of 1985, as added by section 2301 of this Act, to continue to carry out contracts referred to in paragraph (1) using the provisions of law and regulation applicable to such contracts as they existed on September 30, 2013. (d) Effective date The amendments made by this section shall take effect on October 1, 2013. 2705. Grassland reserve program (a) Repeal Subchapter D of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3838n et seq. ) is repealed. (b) Transitional provisions (1) Effect on existing contracts The amendment made by this section shall not affect the validity or terms of any contract entered into by the Secretary of Agriculture under subchapter D of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3838n et seq. ) before October 1, 2013, or any payments required to be made in connection with the contract. (2) Funding The Secretary may use funds made available to carry out the agricultural conservation easement program under subtitle H of title XII of the Food Security Act of 1985, as added by section 2301 of this Act, to continue to carry out contracts referred to in paragraph (1) using the provisions of law and regulation applicable to such contracts as they existed on September 30, 2013. (c) Effective date The amendment made by this section shall take effect on October 1, 2013. 2706. Agricultural water enhancement program (a) Repeal Section 1240I of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–9 ) is repealed. (b) Transitional provisions (1) Effect on existing contracts The amendment made by this section shall not affect the validity or terms of any contract entered into by the Secretary of Agriculture under section 1240I of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–9 ) before October 1, 2013, or any payments required to be made in connection with the contract. (2) Funding The Secretary may use funds made available to carry out the regional conservation partnership program under subtitle I of title XII of the Food Security Act of 1985, as added by section 2401 of this Act, to continue to carry out contracts referred to in paragraph (1) using the provisions of law and regulation applicable to such contracts as they existed on September 30, 2013. (c) Effective date The amendment made by this section shall take effect on October 1, 2013. 2707. Wildlife habitat incentive program (a) Repeal Section 1240N of the Food Security Act of 1985 ( 16 U.S.C. 3839bb–1 ) is repealed. (b) Transitional provisions (1) Effect on existing contracts The amendment made by this section shall not affect the validity or terms of any contract entered into by the Secretary of Agriculture under section 1240N of the Food Security Act of 1985 ( 16 U.S.C. 3839bb–1 ) before October 1, 2013, or any payments required to be made in connection with the contract. (2) Funding The Secretary may use funds made available to carry out the environmental quality incentives program under chapter 4 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3839aa et seq. ) to continue to carry out contracts referred to in paragraph (1) using the provisions of law and regulation applicable to such contracts as they existed on September 30, 2013. (c) Effective date The amendment made by this section shall take effect on October 1, 2013. 2708. Great Lakes basin program (a) Repeal Section 1240P of the Food Security Act of 1985 ( 16 U.S.C. 3839bb–3 ) is repealed. (b) Effective date The amendment made by this section shall take effect on October 1, 2013. 2709. Chesapeake Bay watershed program (a) Repeal Section 1240Q of the Food Security Act of 1985 ( 16 U.S.C. 3839bb–4 ) is repealed. (b) Transitional provisions (1) Effect on existing contracts The amendment made by this section shall not affect the validity or terms of any contract entered into by the Secretary of Agriculture under section 1240Q of the Food Security Act of 1985 ( 16 U.S.C. 3839bb–4 ) before October 1, 2013, or any payments required to be made in connection with the contract. (2) Funding The Secretary may use funds made available to carry out the regional conservation partnership program under subtitle I of title XII of the Food Security Act of 1985, as added by section 2401 of this Act, to continue to carry out contracts referred to in paragraph (1) using the provisions of law and regulation applicable to such contracts as they existed on September 30, 2013. (c) Effective date The amendment made by this section shall take effect on October 1, 2013. 2710. Cooperative conservation partnership initiative (a) Repeal Section 1243 of the Food Security Act of 1985 ( 16 U.S.C. 3843 ) is repealed. (b) Transitional provisions (1) Effect on existing contracts The amendment made by this section shall not affect the validity or terms of any contract entered into by the Secretary of Agriculture under section 1243 of the Food Security Act of 1985 ( 16 U.S.C. 3843 ) before October 1, 2013, or any payments required to be made in connection with the contract. (2) Funding The Secretary may use funds made available to carry out the regional conservation partnership program under subtitle I of title XII of the Food Security Act of 1985, as added by section 2401 of this Act, to continue to carry out contracts referred to in paragraph (1) using the provisions of law and regulation applicable to such contracts as they existed on September 30, 2013. (c) Effective date The amendment made by this section shall take effect on October 1, 2013. 2711. Environmental easement program Chapter 3 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3839 et seq. ) is repealed. 2712. Technical amendments (a) Definitions Section 1201(a) of the Food Security Act of 1985 ( 16 U.S.C. 3801(a) ) is amended in the matter preceding paragraph (1) by striking E and inserting I . (b) Program ineligibility Section 1211(a) of the Food Security Act of 1985 ( 16 U.S.C. 3811(a) ) is amended by striking predominate each place it appears and inserting predominant . (c) Specialty crop producers Section 1242(i) of the Food Security Act of 1985 ( 16 U.S.C. 3842(i) ) is amended in the header by striking Speciality and inserting Specialty . III Trade A Food for Peace Act 3001. General authority Section 201 of the Food for Peace Act ( 7 U.S.C. 1721 ) is amended— (1) in the matter preceding paragraph (1), by inserting (to be implemented by the Administrator) after under this title ; and (2) by striking paragraph (7) and the second sentence and inserting the following new paragraph: (7) build resilience to mitigate and prevent food crises and reduce the future need for emergency aid. . 3002. Support for organizations through which assistance is provided Section 202(e)(1) of the Food for Peace Act ( 7 U.S.C. 1722(e)(1) ) is amended by striking 13 percent and inserting 11 percent . 3003. Food aid quality Section 202(h) of the Food for Peace Act ( 7 U.S.C. 1722(h) ) is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A)— (i) by striking The Administrator shall use funds made available for fiscal year 2009 and inserting In consultation with the Secretary, the Administrator shall use funds made available for fiscal year 2013 ; and (ii) by inserting to establish a mechanism after this title ; (B) by striking and at the end of subparagraph (B); and (C) by striking subparagraph (C) and inserting the following new paragraphs: (C) to evaluate, as necessary, the use of current and new agricultural commodities and products thereof in different program settings and for particular recipient groups, including the testing of prototypes; (D) to establish and implement appropriate protocols for quality assurance of food products procured by the Secretary for food aid programs; and (E) to periodically update program guidelines on the recommended use of agricultural commodities and food products in food aid programs to reflect findings from the implementation of this subsection and other relevant information. ; (2) in paragraph (2), by striking The Administrator and inserting In consultation with the Secretary, the Administrator ; and (3) in paragraph (3), by striking section 207(f) and all that follows through the period at the end and inserting the following: section 207(f)— (A) for fiscal years 2009 through 2013, not more than $4,500,000 may be used to carry out this subsection; and (B) for fiscal years 2014 through 2018, not more than $1,000,000 may be used to carry out this subsection. . 3004. Minimum levels of assistance Section 204(a) of the Food for Peace Act ( 7 U.S.C. 1724(a) ) is amended— (1) in paragraph (1), by striking 2012 and inserting 2018 ; and (2) in paragraph (2), by striking 2012 and inserting 2018 . 3005. Food Aid Consultative Group (a) Membership Section 205(b) of the Food for Peace Act ( 7 U.S.C. 1725(b) ) is amended— (1) by striking and at the end of paragraph (6); (2) by redesignating paragraph (7) as paragraph (8); and (3) by inserting after paragraph (6) the following new paragraph: (7) representatives from the United States agricultural processing sector involved in providing agricultural commodities for programs under this Act; and . (b) Consultation Section 205(d) of the Food for Peace Act ( 7 U.S.C. 1725(d) ) is amended— (1) by striking the first sentence and inserting the following: (1) Consultation in advance of issuance of implementation regulations, handbooks, and guidelines Not later than 45 days before a proposed regulation, handbook, or guideline implementing this title, or a proposed significant revision to a regulation, handbook, or guideline implementing this title, becomes final, the Administrator shall provide the proposal to the Group for review and comment. ; and (2) by adding at the end the following new paragraph: (2) Consultation regarding food aid quality efforts The Administrator shall seek input from and consult with the Group on the implementation of section 202(h). . (c) Reauthorization Section 205(f) of the Food for Peace Act ( 7 U.S.C. 1725(f) ) is amended by striking 2012 and inserting 2018 . 3006. Oversight, monitoring, and evaluation (a) Regulations and guidance Section 207(c) of the Food for Peace Act ( 7 U.S.C. 1726a(c) ) is amended— (1) in the subsection heading, by inserting and Guidance after Regulations ; (2) in paragraph (1), by adding at the end the following new sentence: Not later than 270 days after the date of the enactment of the Federal Agriculture Reform and Risk Management Act of 2013 , the Administrator shall issue all regulations and revisions to agency guidance necessary to implement the amendments made to this title by such Act. ; and (3) in paragraph (2), by inserting and guidance after develop regulations . (b) Funding Section 207(f) of the Food for Peace Act ( 7 U.S.C. 1726a(f) ) is amended— (1) in paragraph (2)— (A) by inserting and at the end of subparagraph (D); (B) by striking ; and at the end of subparagraph (E) and inserting the period; and (C) by striking subparagraph (F); (2) by striking paragraphs (3) and (4); and (3) by redesignating paragraphs (5) and (6) as paragraphs (3) and (4), respectively; and (4) in paragraph (4) (as so redesignated)— (A) in subparagraph (A), by striking 2012 and all that follows through the period at the end and inserting 2013, and up to $10,000,000 of such funds for each of fiscal years 2014 through 2018. ; and (B) in subparagraph (B)(i), by striking 2012 and inserting 2018 . (c) Implementation reports Not later than 270 days after the date of the enactment of this Act, the Administrator of the Agency for International Development shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committees on Agriculture and Foreign Affairs of the House of Representatives a report describing— (1) the implementation of section 207(c) of the Food for Peace Act ( 7 U.S.C. 1726a(c) ); (2) the surveys, studies, monitoring, reporting, and audit requirements for programs conducted under title II of such Act ( 7 U.S.C. 1721 et seq. ) by an eligible organization that is a nongovernmental organization (as such term is defined in section 402 of such Act ( 7 U.S.C. 1732 )); and (3) the surveys, studies, monitoring, reporting, and audit requirements for such programs by an eligible organization that is an intergovernmental organization, such as the World Food Program or other multilateral organization. 3007. Assistance for stockpiling and rapid transportation, delivery, and distribution of shelf-stable prepackaged foods Section 208(f) of the Food for Peace Act ( 7 U.S.C. 1726b(f) ) is amended by striking 2012 and inserting 2018 . 3008. General provisions (a) Impact on Local Farmers and Economy Section 403(b) of the Food for Peace Act ( 7 U.S.C. 1733(b) ) is amended by adding at the end the following new sentence: The Secretary or the Administrator, as appropriate, shall seek information, as part of the regular proposal and submission process, from implementing agencies on the potential benefits to the local economy of sales of agricultural commodities within the recipient country. . (b) Prevention of price disruptions Section 403(e) of the Food for Peace Act ( 7 U.S.C. 1733(e) ) is amended— (1) in paragraph (2), by striking reasonable market price and inserting fair market value ; and (2) by adding at the end the following new paragraph: (3) Coordination on assessments The Secretary and the Administrator shall coordinate in assessments to carry out paragraph (1) and in the development of approaches to be used by implementing agencies for determining the fair market value described in paragraph (2). . (c) Report on use of funds Section 403 of the Food for Peace Act ( 7 U.S.C. 1733 ) is amended by adding at the end the following new subsection: (m) Report on use of funds Not later than 180 days after the date of the enactment of the Federal Agriculture Reform and Risk Management Act of 2013 , and annually thereafter, the Administrator shall submit to Congress a report— (1) specifying the amount of funds (including funds for administrative costs, indirect cost recovery, and internal transportation, storage and handling, and associated distribution costs) provided to each eligible organization that received assistance under this Act in the previous fiscal year; and (2) describing how those funds were used by the eligible organization. . 3009. Prepositioning of agricultural commodities Section 407(c)(4) of the Food for Peace Act ( 7 U.S.C. 1736a(c)(4) ) is amended— (1) in subparagraph (A)— (A) by striking 2012 and inserting 2018 ; and (B) by striking for each such fiscal year not more than $10,000,000 of such funds and inserting for each of fiscal years 2001 through 2013 not more than $10,000,000 of such funds and for each of fiscal years 2014 through 2018 not more than $15,000,000 of such funds ; and (2) by striking subparagraph (B) and inserting the following new subparagraph: (B) Additional prepositioning sites The Administrator may establish additional sites for prepositioning in foreign countries or change the location of current sites for prepositioning in foreign countries after conducting, and based on the results of, assessments of need, the availability of appropriate technology for long-term storage, feasibility, and cost. . 3010. Annual report regarding food aid programs and activities Section 407(f)(1) of the Food for Peace Act ( 7 U.S.C. 1736a(f)(1) ) is amended— (1) in the paragraph heading, by striking agricultural trade and inserting food aid ; (2) in subparagraph (B)(ii), by inserting before the semicolon at the end the following: and the total number of beneficiaries of the project and the activities carried out through such project ; and (3) in subparagraph (B)(iii)— (A) in the matter preceding subclause (I), by inserting , and the total number of beneficiaries in, after commodities made available to ; (B) by striking and at the end of subclause (I); (C) by inserting and at the end of subclause (II); and (D) by inserting after subclause (II) the following new subclause: (III) the McGovern-Dole International Food for Education and Child Nutrition Program established by section 3107 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 1736o-1 ); . 3011. Deadline for agreements to finance sales or to provide other assistance Section 408 of the Food for Peace Act ( 7 U.S.C. 1736b ) is amended by striking 2012 and inserting 2018 . 3012. Authorization of appropriations (a) Authorization of appropriations Section 412(a)(1) of the Food for Peace Act ( 7 U.S.C. 1736f(a)(1) ) is amended by striking for fiscal year 2008 and each fiscal year thereafter, $2,500,000,000 and inserting $2,500,000,000 for each of fiscal years 2008 through 2013 and $2,000,000,000 for each of fiscal years 2014 through 2018 . (b) Minimum level of nonemergency food assistance Paragraph (1) of section 412(e) of the Food for Peace Act ( 7 U.S.C. 1736f(e) ) is amended to read as follows: (1) Funds and commodities For each of fiscal years 2014 through 2018, of the amounts made available to carry out emergency and nonemergency food assistance programs under title II, not less than $400,000,000 shall be expended for nonemergency food assistance programs under such title. . 3013. Micronutrient fortification programs (a) Elimination of obsolete reference to study Section 415(a)(2)(B) of the Food for Peace Act ( 7 U.S.C. 1736g–2(a)(2)(B) ) is amended by striking , using recommendations and all that follows through quality enhancements . (b) Extension Section 415(c) of the Food for Peace Act ( 7 U.S.C. 1736g–2(c) ) is amended by striking 2012 and inserting 2018 . 3014. John Ogonowski and Doug Bereuter Farmer-to-Farmer Program Section 501 of the Food for Peace Act ( 7 U.S.C. 1737 ) is amended— (1) in subsection (d), in the matter preceding paragraph (1), by striking 2012 and inserting 2013, and not less than the greater of $15,000,000 or 0.5 percent of the amounts made available for each of fiscal years 2014 through 2018, ; and (2) in subsection (e)(1), by striking 2012 and inserting 2018 . B Agricultural Trade Act of 1978 3101. Funding for export credit guarantee program Section 211(b) of the Agricultural Trade Act of 1978 ( 7 U.S.C. 5641(b) ) is amended by striking 2012 and inserting 2018 . 3102. Funding for market access program Section 211(c)(1)(A) of the Agricultural Trade Act of 1978 ( 7 U.S.C. 5641(c)(1)(A) ) is amended by striking 2012 and inserting 2018 . 3103. Foreign market development cooperator program Section 703(a) of the Agricultural Trade Act of 1978 ( 7 U.S.C. 5723(a) ) is amended by striking 2012 and inserting 2018 . C Other Agricultural Trade Laws 3201. Food for Progress Act of 1985 (a) Extension The Food for Progress Act of 1985 ( 7 U.S.C. 1736o ) is amended— (1) in subsection (f)(3), by striking 2012 and inserting 2018 ; (2) in subsection (g), by striking 2012 and inserting 2018 ; (3) in subsection (k), by striking 2012 and inserting 2018 ; and (4) in subsection (l)(1), by striking 2012 and inserting 2018 . (b) Repeal of completed project Subsection (f) of the Food for Progress Act of 1985 ( 7 U.S.C. 1736o ) is amended by striking paragraph (6). 3202. Bill Emerson Humanitarian Trust Section 302 of the Bill Emerson Humanitarian Trust Act ( 7 U.S.C. 1736f–1 ) is amended— (1) in subsection (b)(2)(B)(i), by striking 2012 both places it appears and inserting 2018 ; and (2) in subsection (h), by striking 2012 both places it appears and inserting 2018 . 3203. Promotion of agricultural exports to emerging markets (a) Direct credits or export credit guarantees Section 1542(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( Public Law 101–624 ; 7 U.S.C. 5622 note) is amended by striking 2012 and inserting 2018 . (b) Development of agricultural systems Section 1542(d)(1)(A)(i) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( Public Law 101–624 ; 7 U.S.C. 5622 note) is amended by striking 2012 and inserting 2018 . 3204. McGovern-Dole International Food for Education and Child Nutrition Program (a) Reauthorization Section 3107(l)(2) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 1736o–1(l)(2) ) is amended by striking 2012 and inserting 2018 . (b) Technical correction Section 3107(d) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 1736o–1(d) ) is amended by striking to in the matter preceding paragraph (1). 3205. Technical assistance for specialty crops (a) Purpose Section 3205(b) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 5680(b) ) is amended by striking related barriers to trade and inserting technical barriers to trade . (b) Funding Section 3205(e)(2) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 5680(e)(2) ) is amended— (1) by inserting and at the end of subparagraph (C); and (2) by striking subparagraphs (D) and (E) and inserting the following new subparagraph: (D) $9,000,000 for each of fiscal years 2011 through 2018. . 3206. Global Crop Diversity Trust Section 3202(c) of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 ; 22 U.S.C. 2220a note) is amended by striking section and all that follows through the period and inserting the following: section— (1) $60,000,000 for the period of fiscal years 2008 through 2013; and (2) $50,000,000 for the period of fiscal years 2014 through 2018. . 3207. Under Secretary of Agriculture for Foreign Agricultural Services (a) In general Subtitle B of the Department of Agriculture Reorganization Act of 1994 is amended by inserting after section 225 ( 7 U.S.C. 6931 ) the following new section: 225A. Under Secretary of Agriculture for Foreign Agricultural Services (a) Authorization The Secretary is authorized to establish in the Department the position of Under Secretary of Agriculture for Foreign Agricultural Services. (b) Confirmation required If the Secretary establishes the position of Under Secretary of Agriculture for Foreign Agricultural Services under subsection (a), the Under Secretary shall be appointed by the President, by and with the advice and consent of the Senate. (c) Functions of under secretary (1) Principal functions Upon establishment, the Secretary shall delegate to the Under Secretary of Agriculture for Foreign Agricultural Services those functions under the jurisdiction of the Department that are related to foreign agricultural services. (2) Additional functions The Under Secretary of Agriculture for Foreign Agricultural Services shall perform such other functions as may be required by law or prescribed by the Secretary. (d) Succession Any official who is serving as Under Secretary of Agriculture for Farm and Foreign Agricultural Services on the date of the enactment of this section and who was appointed by the President, by and with the advice and consent of the Senate, shall not be required to be reappointed under subsection (b) or section 225(b) to the successor position authorized under subsection (a) or section 225(a) if the Secretary establishes the position, and the official occupies the new position, with 180 days after the date of the enactment of this section (or such later date set by the Secretary if litigation delays rapid succession). . (b) Conforming amendments Section 225 of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6931 ) is amended— (1) by striking Under Secretary of Agriculture for Farm and Foreign Agricultural Services each place it appears and inserting Under Secretary of Agriculture for Farm Services ; and (2) in subsection (c)(1), by striking and foreign agricultural . (c) Permanent authority Section 296(b) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 7014(b) ) is amended— (1) in paragraph (6)(C), by striking or at the end; (2) in paragraph (7), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following new paragraph: (8) the authority of the Secretary to establish in the Department the position of Under Secretary of Agriculture for Foreign Agricultural Services in accordance with section 225A; . IV Nutrition A Supplemental nutrition assistance program 4001. Preventing payment of cash to recipients of supplemental nutrition assistance for the return of empty bottles and cans used to contain food purchased with benefits provided under the program Section 3(k)(1) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012(k)(1) ) is amended— (1) by striking and hot foods and inserting hot foods ; and (2) by adding at the end the following: and any deposit fee in excess of amount of the State fee reimbursement (if any) required to purchase any food or food product contained in a returnable bottle or can, regardless of whether such fee is included in the shelf price posted for such food or food product, . 4002. Retailers (a) Definition of retail food store Section 3(p)(1)(A) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012(p)(1)(A) ) is amended by striking at least 2 and inserting at least 3 . (b) Alternative benefit delivery Section 7(f) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2016(f) ) is amended— (1) by striking paragraph (2) and inserting the following: (2) Imposition of costs (A) In general Except as provided in subparagraph (B), the Secretary shall require participating retailers (including restaurants participating in a State option restaurant program intended to serve the elderly, disabled, and homeless) to pay 100 percent of the costs of acquiring, and arrange for the implementation of, electronic benefit transfer point-of-sale equipment and supplies. (B) Exemptions The Secretary may exempt from subparagraph (A)— (i) farmers’ markets, military commissaries, nonprofit food buying cooperatives, and establishments, organizations, programs, or group living arrangements described in paragraphs (5), (7), and (8) of section 3(k); and (ii) establishments described in paragraphs (3), (4), and (9) of section 3(k), other than restaurants participating in a State option restaurant program. ; and (2) by adding at the end the following: (4) Termination of manual vouchers (A) In general Effective beginning on the effective date of this paragraph, except as provided in subparagraph (B), no State shall issue manual vouchers to a household that receives supplemental nutrition assistance under this Act or allow retailers to accept manual vouchers as payment, unless the Secretary determines that the manual vouchers are necessary, such as in the event of an electronic benefit transfer system failure or a disaster situation. (B) Exemptions The Secretary may exempt categories of retailers or individual retailers from subparagraph (A) based on criteria established by the Secretary. (5) Unique identification number required In an effort to enhance the antifraud protections of the program, the Secretary shall require all parties providing electronic benefit transfer services to provide for and maintain a unique terminal identification number information through the supplemental nutrition assistance program electronic benefit transfer transaction routing system. In developing the regulations implementing this paragraph, the Secretary shall consider existing commercial practices for other point-of-sale debit transactions. The Secretary shall issue proposed regulations implementing this paragraph not earlier than 2 years after the date of enactment of this paragraph. . (c) Electronic benefit transfers Section 7(h)(3)(B) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2016(h)(3)(B) ) is amended by striking is operational— and all that follows through (ii) in the case of other participating stores, and inserting is operational . (d) Approval of retail food stores and wholesale food concerns Section 9 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2018 ) is amended— (1) in the 2d sentence of subsection (a)(1) by striking ; and (C) and inserting ; (C) whether the applicant is located in an area with significantly limited access to food; and (D) ; and (2) by adding at the end the following: (g) EBT service requirement An approved retail food store shall provide adequate EBT service as described in section 7(h)(3)(B). . 4003. Enhancing services to elderly and disabled supplemental nutrition assistance program recipients (a) Enhancing services to elderly and disabled program recipients Section 3(p) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012(p) ) is amended— (1) in paragraph (3) by striking and at the end, (2) in paragraph (4) by striking the period at the end and inserting ; and , and (3) by inserting after paragraph (4) the following: (5) a governmental or private nonprofit food purchasing and delivery service that— (A) purchases food for, and delivers such food to, individuals who are— (i) unable to shop for food; and (ii) (I) not less than 60 years of age; or (II) physically or mentally handicapped or otherwise disabled; (B) clearly notifies the participating household at the time such household places a food order— (i) of any delivery fee associated with the food purchase and delivery provided to such household by such service; and (ii) that a delivery fee cannot be paid with benefits provided under supplemental nutrition assistance program; and (C) sells food purchased for such household at the price paid by such service for such food and without any additional cost markup. . (b) Implementation (1) Issuance of rules The Secretary of Agriculture shall issue regulations that— (A) establish criteria to identify a food purchasing and delivery service referred to in section 3(p)(5) of the Food and Nutrition Act of 2008 as amended by this Act, and (B) establish procedures to ensure that such service— (i) does not charge more for a food item than the price paid by the such service for such food item, (ii) offers food delivery service at no or low cost to households under such Act, (iii) ensures that benefits provided under the supplemental nutrition assistance program are used only to purchase food, as defined in section 3 of such Act, (iv) limits the purchase of food, and the delivery of such food, to households eligible to receive services described in section 3(p)(5) of such Act as so amended, (v) has established adequate safeguards against fraudulent activities, including unauthorized use of electronic benefit cards issued under such Act, and (vi) such other requirements as the Secretary deems to be appropriate. (2) Limitation Before the issuance of rules under paragraph (1) , the Secretary of Agriculture may not approve more than 20 food purchasing and delivery services referred to in section 3(p)(5) of the Food and Nutrition Act of 2008 as amended by this Act, to participate as retail food stores under the supplemental nutrition assistance program. 4004. Food distribution program on Indian reservations Section 4(b)(6)(F) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2013(b)(6)(F) ) is amended by striking 2012 and inserting 2018 . 4005. Updating program eligibility Section 5 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014 ) is amended— (1) in the 2d sentence of subsection (a) by striking households in which each member receives benefits and inserting households in which each member receives cash assistance , and (2) in subsection (j) by striking or who receives benefits under a State program and inserting or who receives cash assistance under a State program . 4006. Exclusion of medical marijuana from excess medical expense deduction Section 5(e)(5) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014(e)(5) ) is amended by adding at the end the following: (C) Exclusion of medical marijuana The Secretary shall promulgate rules to ensure that medical marijuana is not treated as a medical expense for purposes of this paragraph. . 4007. Standard utility allowances based on the receipt of energy assistance payments (a) Standard utility allowances in the supplemental nutrition assistance program Section 5(e)(6)(C) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014(e)(6)(C) ) is amended— (1) in clause (i) by inserting , subject to clause (iv) after Secretary ; and (2) by striking subclause (I) of clause (iv) and in inserting the following: (I) In general Subject to subclause (II), if a State agency elects to use a standard utility allowance that reflects heating and cooling costs, the standard utility allowance shall be made available to households that received a payment, or on behalf of which a payment was made, under the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8621 et seq. ) or other similar energy assistance program, if in the current month or in the immediately preceding 12 months, the household either received such payment, or such payment was made on behalf of the household, that was greater than $20 annually, as determined by the Secretary. ; and (b) Conforming amendment Section 2605(f)(2)(A) of the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8624(f)(2)(A) ) is amended by inserting before the semicolon the following: , except that, for purposes of the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ), such payments or allowances were greater than $20 annually, consistent with section 5(e)(6)(C)(iv)(I) of that Act ( 7 U.S.C. 2014(e)(6)(C)(iv)(I) ), as determined by the Secretary of Agriculture . (c) Effective date and implementation (1) In general Except as provided in paragraph (2), this section and the amendments made by this section shall take effect on October 1, 2013, and shall apply with respect to certification periods that begin after such date. (2) State option to delay implementation for current recipients A State may, at the option of the State, implement a policy that eliminates or reduces the effect of the amendments made by this section on households that received a standard utility allowance as of the date of enactment of this Act, for not more than a 180-day period that begins on the date on which such amendments would otherwise apply to the respective household. 4008. Eligibility disqualifications Section 6(e)(3)(B) of Food and Nutrition Act of 2008 ( 7 U.S.C. 2015(e)(3)(B) ) is amended by striking section; and inserting the following: section, subject to the condition that the course or program of study— (i) is part of a program of career and technical education (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 )) that may be completed in not more than 4 years at an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )); or (ii) is limited to remedial courses, basic adult education, literacy, or English as a second language; . 4009. Ending supplemental nutrition assistance program benefits for lottery or gambling winners (a) In general Section 6 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015 ) is amended by adding at the end the following: (r) Ineligibility for benefits due to receipt of substantial lottery or gambling winnings (1) In general Any household in which a member receives substantial lottery or gambling winnings, as determined by the Secretary, shall lose eligibility for benefits immediately upon receipt of the winnings. (2) Duration of ineligibility A household described in paragraph (1) shall remain ineligible for participation until the household meets the allowable financial resources and income eligibility requirements under subsections (c), (d), (e), (f), (g), (i), (k), (l), (m), and (n) of section 5. (3) Agreements As determined by the Secretary, each State agency, to the maximum extent practicable, shall establish agreements with entities responsible for the regulation or sponsorship of gaming in the State to determine whether individuals participating in the supplemental nutrition assistance program have received substantial lottery or gambling winnings. . (b) Conforming amendments Section 5(a) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014(a) ) is amended in the 2d sentence by striking sections 6(b), 6(d)(2), and 6(g) and inserting subsections (b), (d)(2), (g), and (r) of section 6 . 4010. Improving security of food assistance Section 7(h)(8) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2016(h)(8) ) is amended— (1) in the heading by striking card fee and inserting of cards ; (2) by striking A State and inserting the following: (A) Fees A State ; and (3) by adding after subparagraph (A) (as so designated by paragraph (2)) the following: (B) Purposeful loss of cards (i) In general Subject to terms and conditions established by the Secretary in accordance with clause (ii), if a household makes excessive requests for replacement of the electronic benefit transfer card of the household, the Secretary may require a State agency to decline to issue a replacement card to the household unless the household, upon request of the State agency, provides an explanation for the loss of the card. (ii) Requirements The terms and conditions established by the Secretary shall provide that— (I) the household be given the opportunity to provide the requested explanation and meet the requirements under this paragraph promptly; (II) after an excessive number of lost cards, the head of the household shall be required to review program rights and responsibilities with State agency personnel authorized to make determinations under section 5(a); and (III) any action taken, including actions required under section 6(b)(2), other than the withholding of the electronic benefit transfer card until an explanation described in subclause (I) is provided, shall be consistent with the due process protections under section 6(b) or 11(e)(10), as appropriate. (C) Protecting vulnerable persons In implementing this paragraph, a State agency shall act to protect homeless persons, persons with disabilities, victims of crimes, and other vulnerable persons who lose electronic benefit transfer cards but are not intentionally committing fraud. (D) Effect on eligibility While a State may decline to issue an electronic benefits transfer card until a household satisfies the requirements under this paragraph, nothing in this paragraph shall be considered a denial of, or limitation on, the eligibility for benefits under section 5. . 4011. Demonstration projects on acceptance of benefits of mobile transactions Section 7(h) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2016(h) ) is amended by adding at the end the following: (14) Demonstration projects on acceptance of benefits of mobile transactions (A) In general The Secretary shall pilot the use of mobile technologies determined by the Secretary to be appropriate to test the feasibility and implications for program integrity, by allowing retail food stores, farmers markets, and other direct producer-to-consumer marketing outlets to accept benefits from recipients of supplemental nutrition assistance through mobile transactions. (B) Demonstration projects To be eligible to participate in a demonstration project under subsection (a), a retail food store, farmers market, or other direct producer-to-consumer marketing outlet shall submit to the Secretary for approval a plan that includes— (i) a description of the technology; (ii) the manner by which the retail food store, farmers market or other direct producer-to-consumer marketing outlet will provide proof of the transaction to households; (iii) the provision of data to the Secretary, consistent with requirements established by the Secretary, in a manner that allows the Secretary to evaluate the impact of the demonstration on participant access, ease of use, and program integrity; and (iv) such other criteria as the Secretary may require. (C) Date of completion The demonstration projects under this paragraph shall be completed and final reports submitted to the Secretary by not later than July 1, 2016. (D) Report to congress The Secretary shall submit a report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate that includes a finding, based on the data provided under subparagraph (C) whether or not implementation in all States is in the best interest of the supplemental nutrition assistance program. . 4012. Use of benefits for purchase of community-supported agriculture share Section 10 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2019 ) is amended in the 1st sentence by inserting agricultural producers who market agricultural products directly to consumers shall be authorized to redeem benefits for the initial cost of the purchase of a community-supported agriculture share, after food so purchased, . 4013. Restaurant meals program (a) In general Section 11(e) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2020(e) ) is amended— (1) in paragraph (22) by striking and at the end; (2) in paragraph (23)(C) by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (24) if the State elects to carry out a program to contract with private establishments to offer meals at concessional prices, as described in paragraphs (3), (4), and (9) of section 3(k)— (A) the plans of the State agency for operating the program, including— (i) documentation of a need that eligible homeless, elderly, and disabled clients are underserved in a particular geographic area; (ii) the manner by which the State agency will limit participation to only those private establishments that the State determines necessary to meet the need identified in clause (i); and (iii) any other conditions the Secretary may prescribe, such as the level of security necessary to ensure that only eligible recipients participate in the program; and (B) a report by the State agency to the Secretary annually, the schedule of which shall be established by the Secretary, that includes— (i) the number of households and individual recipients authorized to participate in the program, including any information on whether the individual recipient is elderly, disabled, or homeless; and (ii) an assessment of whether the program is meeting an established need, as documented under subparagraph (A)(i). . (b) Approval of retail food stores and wholesale food concerns Section 9 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2018 ) is amended by adding at the end the following: (h) Private establishments (1) In general Subject to paragraph (2), no private establishment that contracts with a State agency to offer meals at concessional prices as described in paragraphs (3), (4), and (9) of section 3(k) may be authorized to accept and redeem benefits unless the Secretary determines that the participation of the private establishment is required to meet a documented need in accordance with section 11(e)(24). (2) Existing contracts (A) In general If, on the day before the effective date of this subsection, a State has entered into a contract with a private establishment described in paragraph (1) and the Secretary has not determined that the participation of the private establishment is necessary to meet a documented need in accordance with section 11(e)(24), the Secretary shall allow the operation of the private establishment to continue without that determination of need for a period not to exceed 180 days from the date on which the Secretary establishes determination criteria, by regulation, under section 11(e)(24). (B) Justification If the Secretary determines to terminate a contract with a private establishment that is in effect on the effective date of this subsection, the Secretary shall provide justification to the State in which the private establishment is located for that termination. (3) Report to Congress Not later than 90 days after September 30, 2014, and 90 days after the last day of each fiscal year thereafter, the Secretary shall report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate on the effectiveness of a program under this subsection using any information received from States under section 11(e)(24) as well as any other information the Secretary may have relating to the manner in which benefits are used. . (c) Conforming amendments Section 3(k) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012(k) ) is amended by inserting subject to section 9(h) after concessional prices each place it appears. 4014. Mandating State immigration verification Section 11(p) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2020(p) ) is amended to read as follows: (p) State verification option In carrying out the supplemental nutrition assistance program, a State agency shall be required to use an income and eligibility, or an immigration status, verification system established under section 1137 of the Social Security Act ( 42 U.S.C. 1320b–7 ), in accordance with standards set by the Secretary. . 4015. Data exchange standardization for improved interoperability (a) Data Exchange Standardization Section 11 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2020 ) is amended by adding at the end the following: (v) Data exchange standardization for improved interoperability (1) Data exchange standards (A) Designation The Secretary, in consultation with an interagency work group which shall be established by the Office of Management and Budget, and considering State perspectives, shall, by rule, designate a data exchange standard for any category of information required to be reported under this Act. (B) Data exchange standards must be nonproprietary and interoperable The data exchange standard designated under subparagraph (A) shall, to the extent practicable, be nonproprietary and interoperable. (C) Other requirements In designating data exchange standards under this subsection, the Secretary shall, to the extent practicable, incorporate— (i) interoperable standards developed and maintained by an international voluntary consensus standards body, as defined by the Office of Management and Budget, such as the International Organization for Standardization; (ii) interoperable standards developed and maintained by intergovernmental partnerships, such as the National Information Exchange Model; and (iii) interoperable standards developed and maintained by Federal entities with authority over contracting and financial assistance, such as the Federal Acquisition Regulatory Council. (2) Data exchange standards for reporting (A) Designation The Secretary, in consultation with an interagency work group established by the Office of Management and Budget, and considering State perspectives, shall, by rule, designate data exchange standards to govern the data reporting required under this part. (B) Requirements The data exchange standards required by subparagraph (A) shall, to the extent practicable— (i) incorporate a widely-accepted, nonproprietary, searchable, computer-readable format; (ii) be consistent with and implement applicable accounting principles; and (iii) be capable of being continually upgraded as necessary. (C) Incorporation of nonproprietary standards In designating reporting standards under this subsection, the Secretary shall, to the extent practicable, incorporate existing nonproprietary standards, such as the eXtensible Markup Language. . (b) Effective Dates (1) Data exchange standards The Secretary of Agriculture shall issue a proposed rule under section 11(v)(1) of the Food and Nutrition Act of 2008 within 12 months after the effective date of this section, and shall issue a final rule under such section after public comment, within 24 months after such effective date. (2) Data reporting standards The reporting standards required under section 11(v)(2) of such Act shall become effective with respect to reports required in the first reporting period, after the effective date of the final rule referred to in paragraph (1) of this subsection, for which the authority for data collection and reporting is established or renewed under the Paperwork Reduction Act. 4016. Prohibiting government-sponsored recruitment activities (a) Administrative cost-sharing and quality control Section 16(a)(4) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025(a)(4) ) is amended by inserting after recruitment activities the following: designed to persuade an individual to apply for program benefits or that promote the program via television, radio, or billboard advertisements . (b) Limitation on use of funds authorized to be appropriated under Act Section 18 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2027 ) is amended by adding at the end the following: (g) (1) Except as provided in paragraph (2), no funds authorized to be appropriated under this Act shall be used by the Secretary for— (A) recruitment activities designed to persuade an individual to apply for supplemental nutrition assistance program benefits; (B) television, radio, or billboard advertisements that are designed to promote supplemental nutrition assistance program benefits and enrollment; or (C) any agreements with foreign governments designed to promote supplemental nutrition assistance program benefits and enrollment. (2) Paragraph (1)(B) shall not apply to programmatic activities undertaken with respect to benefits made available in response to a natural disaster. . 4017. Repeal of bonus program Section 16(d) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025(d) ) is repealed. 4018. Funding of employment and training programs Section 16(h)(1)(A) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025(h)(1)(A) ) is amended by striking $90,000,000 and all that follows through $79,000,000 , and inserting $79,000,000 for each fiscal year . 4019. Monitoring employment and training program (a) Reporting measures Section 16(h)(5) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025(h)(5) ) is amended to read: (5) (A) In general The Secretary shall monitor the employment and training programs carried out by State agencies under section 6(d)(4) and assess their effectiveness in— (i) preparing members of households participating in the supplemental nutrition assistance program for employment, including the acquisition of basic skills necessary for employment; and (ii) increasing the numbers of household members who obtain and retain employment subsequent to their participation in such employment and training programs. (B) Reporting measures The Secretary, in consultation with the Secretary of Labor, shall develop reporting measures that identify improvements in the skills, training education or work experience of members of households participating in the supplemental nutrition assistance program. Measures shall be based on common measures of performance for federal workforce training programs, so long as they reflect the challenges facing the types of members of households participating in the supplemental nutrition assistance program who participate in a specific employment and training component. The Secretary shall require that each State employment and training plan submitted under section 11(3)(19) identify appropriate reporting measures for each of their proposed components that serve at least 100 people. Such measures may include: (i) the percentage and number of program participants who received employment and training services and are in unsubsidized employment subsequent to the receipt of those services; (ii) the percentage and number of program participants who obtain a recognized postsecondary credential, including a registered apprenticeship, or a regular secondary school diploma or its recognized equivalent, while participating in or within 1 year after receiving employment and training services; (iii) the percentage and number of program participants who are in an education or training program that is intended to lead to a recognized postsecondary credential, including a registered apprenticeship or on-the-job training program, a regular secondary school diploma or its recognized equivalent, or unsubsidized employment; (iv) subject to the terms and conditions set by the Secretary, measures developed by each State agency to assess the skills acquisition of employment and training program participants that reflect the goals of their specific employment and training program components, which may include, but are not limited to— (I) the percentage and number of program participants who are meeting program requirements in each component of the State’s education and training program; and (II) the percentage and number of program participants who are gaining skills likely to lead to employment as measured through testing, quantitative or qualitative assessment or other method; and (v) other indicators as approved by the Secretary. (C) State report Each State agency shall annually prepare and submit to the Secretary a report on the State’s employment and training program that includes the numbers of supplemental nutrition assistance program participants who have gained skills, training, work or experience that will increase their ability to obtain regular employment using measures identified in subparagraph (B). (D) Modifications to the state employment and training plan Subject to the terms and conditions established by the Secretary, if the Secretary determines that the state agency’s performance with respect to employment and training outcomes is inadequate, the Secretary may require the State agency to make modifications to their employment and training plan to improve such outcomes. (E) Periodic evaluation (i) In general Subject to terms and conditions established by the Secretary, not later than October 1, 2016, and not less frequently than once every 5 years thereafter, the Secretary shall conduct a study to review existing practice and research to identify employment and training program components and practices that— (I) effectively assist members of households participating in the supplemental nutrition assistance program in gaining skills, training, work, or experience that will increase their ability to obtain regular employment, and (II) are best integrated with statewide workforce development systems. (ii) Report to congress The Secretary shall submit a report that describes the results of the study under clause (i) to the Committee on Agriculture in the House of Representatives, and the Committee on Agriculture, Nutrition and Forestry in the Senate. . (b) Effective date Notwithstanding section 4(c) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2013(a) ), the Secretary shall issue interim final regulations implementing the amendment made by subsection (a) no later than 18 months after the date of enactment of this Act. States shall include such reporting measures in their employment and training plans for the 1st fiscal year thereafter that begins no sooner than 6 months after the date that such regulations are published. 4020. Cooperation with program research and evaluation Section 17 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2026 ) is amended by adding at the end the following: (l) Cooperation with program research and evaluation States, State agencies, local agencies, institutions, facilities such as data consortiums, and contractors participating in programs authorized under this Act shall cooperate with officials and contractors acting on behalf of the Secretary in the conduct of evaluations and studies under this Act and shall submit information at such time and in such manner as the Secretary may require. . 4021. Pilot projects to reduce dependency and increase work effort in the supplemental nutrition assistance program Section 17 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2026 ), as amended by section 4020, is amended by adding at the end the following: (m) Pilot projects to reduce dependency and increase work effort in the supplemental nutrition assistance program (1) In general The Secretary shall carry out, under such terms and conditions as the Secretary considers to be appropriate, pilot projects to identify best practices for employment and training programs under this Act to raise the number of work registrants who obtain unsubsidized employment, increase their earned income, and reduce their reliance on public assistance, including but not limited to the supplemental nutrition assistance program. (2) Selection criteria Pilot projects shall be selected based on criteria the Secretary establishes, that shall include— (A) enhancing existing employment and training programs in the State; (B) agreeing to participate in the evaluation described in paragraph (3), including making available data on participants’ employment activities and post-participation employment, earnings, and public benefit receipt; (C) collaborating with the State workforce board and other job training programs in the State and local area; (D) the extent to which the pilot project’s components can be easily replicated by other States or political subdivisions; and (E) such additional criteria that ensure that the pilot projects— (i) target a variety of populations of work registrants, including childless adults, parents, and individuals with low skills or limited work experience; (ii) are selected from a range of existing employment and training programs including programs that provide— (I) section 20 workfare; (II) skills development for work registrants with limited employment history; (III) post-employment support services necessary for maintaining employment; and (IV) education leading to a recognized postsecondary credential, registered apprenticeship, or secondary school diploma or its equivalent; (iii) are located in a range of geographic areas, including rural, urban, and Indian reservations; (iv) include participants who are exempt and not exempt under section (6)(d)(2). (3) Evaluation The Secretary shall provide for an independent evaluation of projects selected under this subsection to measure the impact of the pilot projects on the ability of each pilot project target population to find and retain employment that leads to increased household income and reduced dependency, compared to what would have occurred in the absence of the pilot project. (4) Report to congress By September 30, 2017, 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 that includes a description of— (A) the results of each pilot project, including an evaluation of the impact of the project on the employment, income, and public benefit receipt of the targeted population of work registrants; (B) the Federal, State, and other costs of each pilot project; (D) the planned dissemination of the reports’ findings with State agencies; and (E) the steps and funding necessary to incorporate components of pilot projects that demonstrate increased employment and earnings into State employment and training programs. (5) Funding From amounts made available to under section 18(a)(1), the Secretary shall make $10,000,000 availalable for each of the fiscal years 2014, 2015, and 2016 to carry out this subsection. Such amounts shall remain available until expended. (6) Use of funds (A) Funds provided under this subsection for pilot projects shall be used only for— (i) pilot projects that comply with the provisions of this Act; (ii) the costs and administration of the pilot projects; (iii) the costs incurred in providing information and data to the independent evaluation under paragraph (3); and (iv) the costs of the evaluation under paragraph (3). (B) Funds made available under this subsection may not be used to supplant non-Federal funds used for existing employment and training activities. . 4022. Authorization of appropriations Section 18(a)(1) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2027(a)(1) ) is amended in the 1st sentence by striking 2012 and inserting 2018 . 4023. Limitation on use of block grant to Puerto Rico Section 19(a)(2)(B) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2028(a)(2)(B) ) is amended by adding at the end the following: (iii) Limitation on use of funds None of the funds made available to the Commonwealth of Puerto Rico under this subparagraph may be used to provide nutrition assistance in the form of cash benefits. . 4024. Assistance for community food projects (a) Definition Section 25(a)(1)(B)(i) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2034(a)(1)(B)(i) ) is amended— (1) in subclause (II) by striking and at the end; (2) in subclause (III) by striking or at the end and inserting and ; and (3) by adding at the end the following: (IV) to provide incentives for the consumption of fruits and vegetables among low-income individuals; or . (b) Additional funding Section 25(b) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2034 ) is amended by adding at the end the following: (3) Funding (A) In general Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this section not less than $10,000,000 for fiscal year 2014 and each fiscal year thereafter. Of the amount made available under this subparagraph for each such fiscal year, $5,000,000 shall be available to carry out subsection (a)(1)(B)(I)(IV). (B) Receipt and acceptance The Secretary shall be entitled to receive, shall accept, and shall use to carry out this section, the funds transferred under subparagraph (A) without further appropriation. (C) Maintenance of funding The funding provided under subparagraph (A) shall supplement (and not supplant) other Federal funding made available to the Secretary to carry out this section. . 4025. Emergency food assistance (a) Purchase of commodities Section 27(a) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2036(a) ) is amended— (1) in paragraph (1) by striking 2008 through 2012 and inserting 2013 through 2018 ; (2) in paragraph (2)— (A) by striking subparagraphs (A) and (B) and inserting the following: (A) for fiscal year 2013, $265,750,000; (B) for fiscal year 2014 the dollar amount of commodities specified in subparagraph (A) adjusted by the percentage by which the thrifty food plan has been adjusted under section 3(u)(4) between June 30, 2012 and June 30, 2013, and subsequently increased by $20,000,000; ; and (B) in subparagraph (C)— (i) by striking 2010 through 2012, the dollar amount of commodities specified in and inserting 2015 through 2018, the total amount of commodities under ; and (ii) by striking 2008 and inserting 2013 ; and (3) by adding at the end the following: (3) Funds availability For purposes of the funds described in this subsection, the Secretary shall— (A) make the funds available for 2 fiscal years; and (B) allow States to carry over unexpended balances to the next fiscal year pursuant to such terms and conditions as are determined by the Secretary. . (b) Emergency food program infrastructure grants Section 209(d) of the Emergency Food Assistance Act of 1983 ( 7 U.S.C. 7511a(d) ) is amended by striking 2012 and inserting 2018 . 4026. Nutrition education Section 28 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2036a ) is amended— (1) in subsection (b) by inserting and physical activity after healthy food choices ; and (2) in subsection (d)(1)— (A) in subparagraph (D) by striking $401,000,000; and inserting $375,000,000; and ; (B) by striking subparagraph (E); and (C) in subparagraph (F) by striking (F) For fiscal year 2016 and inserting (E) For fiscal year 2015 . 4027. Retailer trafficking The Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ) is amended by adding at the end the following: 29. Retailer trafficking (a) Purpose The purpose of this section is to provide the Department of Agriculture with additional resources to prevent trafficking in violation of this Act by strengthening recipient and retailer program integrity. Additional funds are provided to supplement the Department’s payment accuracy, and retailer and recipient integrity activities. (b) Funding (1) In general Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this section not less than $5,000,000 for fiscal year 2014 and each fiscal year thereafter. (2) Receipt and acceptance The Secretary shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under paragraph (1) without further appropriation. (3) Maintenance of funding The funding provided under paragraph (1) shall supplement (and not supplant) other Federal funding for programs carried out under this Act. . 4028. Technical and conforming amendments (a) Section 3 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012 ) is amended— (1) in subsection (g) by striking coupon, the last place it appears and inserting coupon ; (2) in subsection (k)(7) by striking or are and inserting and ; (3) by striking subsection (l); (4) by redesignating subsections (m) through (t) as subsections (l) through (s), respectively; and (5) by inserting after subsection (s) (as so redesignated) the following: (t) Supplemental nutritional assistance program means the program operated pursuant to this Act. . (b) Section 4(a) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2013(a) ) is amended by striking benefits the last place it appears and inserting Benefits . (c) Section 5 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014 ) is amended— (1) in the last sentence of subsection (i)(2)(D) by striking section 13(b)(2) and inserting section 13(b) ; and (2) in subsection (k)(4)(A) by striking paragraph (2)(H) and inserting paragraph (2)(G) . (d) Section 6(d)(4) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015(d)(4) ) is amended— (1) in subparagraph (B)(vii) by moving the left margin 2 ems to the left, and (2) in subparagraph(F)(iii) by moving the left margin 4 ems to the left. (e) Section 7(h) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2016(h) ) is amended by redesignating the 2d paragraph (12) as paragraph (13). (f) Section 9(a)(3) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2018(a) ) is amended by moving the left margin 2 ems to the left. (g) Section 12 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2021 ) is amended— (1) in subsection (b)(3)(C) by striking civil money penalties and inserting civil penalties ; and (2) in subsection (g)(1) by striking ( 7 U.S.C. 1786 ) and inserting ( 42 U.S.C. 1786 ) . (h) Section 15(b)(1) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2024(b)(1) ) is amended in the 1st sentence by striking an benefit and inserting a benefit . (i) Section 16(a) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025(a) ) is amended in the proviso following paragraph (8) by striking , as amended. . (j) Section 18(e) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2027(e) ) is amended in the 1st sentence by striking sections 7(f) and inserting section 7(f) . (k) Section 22(b)(10)(B)(i) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2031(b)(10)(B)(i) ) is amended in the last sentence by striking Food benefits and inserting Benefits . (l) Section 26(f)(3)(C) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2035(f)(3)(C) ) is amended by striking subsection and inserting subsections . (m) Section 27(a)(1) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2036(a)(1) ) is amended by striking ( Public Law 98–8 ; 7 U.S.C. 612c note) and inserting ( 7 U.S.C. 7515 ) . (n) Section 509 of the Older Americans Act of 1965 ( 42 U.S.C. 3056g ) is amended in the section heading by striking food stamp programs and inserting supplemental nutrition assistance program . (o) Section 4115(c)(2)(H) of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 ; 122 Stat. 1871) is amended by striking 531 and inserting 454 . (p) Section 3803(c)(2)(C)(vii) of title 31 of the United States Code is amended by striking section 3(l) each place it appears and inserting section 3(s) . (q) Section 115 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( Public Law 104–193 ) is amended— (1) in subsection (a)(2) by striking section 3(l) and inserting section 3(s) ; (2) in subsection (b)(2) by striking section 3(l) and inserting section 3(s) ; and (3) in subsection (e)(2) by striking section 3(l) and inserting section 3(s) . (r) The Agriculture and Consumer Protection Act of 1973 ( 7 U.S.C. 612c ) is amended— (1) in section 4(a) by striking Food Stamp Act of 1977 and inserting Food and Nutrition Act of 2008 ; and (2) in section 5— (A) in subsection (i)(1) by striking Food Stamp Act of 1977 and inserting Food and Nutrition Act of 2008 ; and (B) in subsection (l)(2)(B) by striking Food Stamp Act of 1977 and inserting Food and Nutrition Act of 2008 . (s) The Social Security Act ( 42 U.S.C. 301 et seq. ) is amended— (1) in the heading of section 453(j)(10) by striking food stamp and inserting supplemental nutrition assistance ; (2) in section 1137— (A) in subsection (a)(5)(B) by striking food stamp and inserting supplemental nutrition assistance ; and (B) in subsection (b)(4) by striking food stamp program under the Food Stamp Act of 1977 and inserting supplemental nutrition assistance program under the Food and Nutrition Act of 2008 ; and (3) in the heading of section 1631(n) by striking food stamp and inserting supplemental nutrition assistance . 4029. Tolerance level for excluding small errors The Secretary shall set the tolerance level for excluding small errors for the purposes of section 16(c) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025(c) )— (1) for fiscal year 2014 at an amount no greater than $25; and (2) for each fiscal year thereafter, the amount specified in paragraph (1) adjusted by the percentage by which the thrifty food plan is adjusted under section 3(u)(4) of such Act between June 30, 2012, and June 30 of the immediately preceding fiscal year. 4030. Commonwealth of the Northern Mariana Islands pilot program (a) Study (1) In general Prior to establishing the pilot program under subsection (b), the Secretary shall conduct a study to be completed not later than 2 years after the effective date of this section to assess— (A) the capabilities of the Commonwealth of the Northern Mariana Islands to operate the supplemental nutrition assistance program in the same manner in which the program is operated in the States (as defined in section 3 of the Food and Nutrition Act (7 U.S.C. 2011 et seq)); and (B) alternative models of the supplemental nutrition assistance program operation and benefit delivery that best meet the nutrition assistance needs of the Commonwealth of the Northern Mariana Islands. (2) Scope The study conducted under paragraph (1)(A) will assess the capability of the Commonwealth to fulfill the responsibilities of a State agency, including— (A) extending and limiting participation to eligible households, as prescribed by sections 5 and 6 of the Act; (B) issuing benefits through EBT cards, as prescribed by section 7 of the Act; (C) maintaining the integrity of the program, including operation of a quality control system, as prescribed by section 16(c) of the Act; (D) implementing work requirements, including operating an employment and training program, as prescribed by section 6(d) of the Act; and (E) paying a share of administrative costs with non-Federal funds, as prescribed by section 16(a) of the Act. (b) Establishment If the Secretary determines that a pilot program is feasible, the Secretary shall establish a pilot program for the Commonwealth of the Northern Mariana Islands to operate the supplemental nutrition assistance program in the same manner in which the program is operated in the States. (c) Scope The Secretary shall utilize the information obtained from the study conducted under subsection (a) to establish the scope of the pilot program established under subsection (b). (d) Report Not later than June 30, 2019, 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 the pilot program carried out under this section, including an analysis of the feasibility of operating in the Commonwealth of the Northern Mariana Islands the supplemental nutrition assistance program as it is operated in the States. (e) Funding (1) Study Of the funds made available under section 18(a)(1) of the Food and Nutrition Act of 2008, the Secretary may use not more than $1,000,000 in each of fiscal years 2014 and 2015 to conduct the study described in subsection (a). (2) Pilot program Of the funds made available under section 18(a)(1) of the Food and Nutrition Act of 2008, for the purposes of establishing and carrying out the pilot program established under subsection (b) of this section, including the Federal costs for providing technical assistance to the Commonwealth, authorizing and monitoring retail food stores, and assessing pilot operations, the Secretary may use not more than— (A) $13,500,000 in fiscal year 2016; and (B) $8,500,000 in each of fiscal years 2017 and 2018. 4031. Annual State report on verification of SNAP participation (a) Annual report Not later 1 year after the date specified by the Secretary in the 180-period beginning on the date of the enactment of this Act, and annually thereafter, each State agency that carries out the supplemental nutrition assistance program shall submit to the Secretary a report containing sufficient information for the Secretary to determine whether the State agency has, for the then most recently concluded fiscal year preceding such annual date, verified that households to which such State agency provided such assistance in such fiscal year— (1) did not obtain benefits attributable to a deceased individual; and (2) did not include an individual who was simultaneously included in a household receiving such assistance in another State. (b) Penalty for noncompliance For any fiscal year for which a State agency fails to comply with subsection (a), the Secretary shall reduce by 50 percent the amount otherwise payable to such State agency under section 16(a) of the Food and Nutrition Act of 2008 with respect to such fiscal year. B Commodity distribution programs 4101. Commodity distribution program Section 4(a) of the Agriculture and Consumer Protection Act of 1973 ( 7 U.S.C. 612c note; Public Law 93–86 ) is amended in the 1st sentence by striking 2012 and inserting 2018 . 4102. Commodity supplemental food program Section 5 of the Agriculture and Consumer Protection Act of 1973 ( 7 U.S.C. 612c note; Public Law 93–86 ) is amended— (1) in paragraphs (1) and (2)(B) of subsection (a) by striking 2012 each place it appears and inserting 2018 ; (2) in the 1st sentence of subsection (d)(2) by striking 2012 and inserting 2018 ; (3) by striking subsection (g) and inserting the following: (g) Eligibility Except as provided in subsection (m), the States shall only provide assistance under the commodity supplemental food program to low-income individuals aged 60 and older. ; and (4) by adding at the end the following: (m) Phase-out Notwithstanding any other provision of law, an individual who receives assistance under the commodity supplemental food program on the day before the effective date of this subsection shall continue to receive that assistance until the date on which the individual no longer qualifies for assistance under the eligibility criteria for the program in effect on the day before the effective date of this subsection. . 4103. Distribution of surplus commodities to special nutrition projects Section 1114(a)(2)(A) of the Agriculture and Food Act of 1981 ( 7 U.S.C. 1431e(2)(A) ) is amended in the 1st sentence by striking 2012 and inserting 2018 . 4104. Processing of commodities (a) Section 17 of the Commodity Distribution Reform Act and WIC Amendments of 1987 ( 7 U.S.C. 612c note) is amended by— (1) striking the heading and inserting Commodity donations and processing ; and (2) adding at the end the following: (c) Processing For any program included in subsection (b), the Secretary may, notwithstanding any other provision of State or Federal law relating to the procurement of goods and services— (1) retain title to commodities delivered to a processor, on behalf of a State (including a State distributing agency and a recipient agency), until such time as end products containing such commodities, or similar commodities as approved by the Secretary, are delivered to a State distributing agency or to a recipient agency; and (2) promulgate regulations to ensure accountability for commodities provided to a processor for processing into end products, and to facilitate processing of commodities into end products for use by recipient agencies. Such regulations may provide that— (A) a processor that receives commodities for processing into end products, or provides a service with respect to such commodities or end products, in accordance with its agreement with a State distributing agency or a recipient agency, provide to the Secretary a bond or other means of financial assurance to protect the value of such commodities; and (B) in the event a processor fails to deliver to a State distributing agency or a recipient agency an end product in conformance with the processing agreement entered into under this Act, the Secretary take action with respect to the bond or other means of financial assurance pursuant to regulations promulgated under this paragraph and distribute any proceeds obtained by the Secretary to one or more State distributing agencies and recipient agencies as determined appropriate by the Secretary. . (b) Definitions Section 18 of the Commodity Distribution Reform Act and WIC Amendments of 1987 ( 7 U.S.C. 612c note) is amended by striking paragraphs (1) and (2) and inserting the following: (1) The term commodities means agricultural commodities and their products that are donated by the Secretary for use by recipient agencies. (2) The term end product means a food product that contains processed commodities. . (c) Technical and conforming amendments Section 3 of the Commodity Distribution Reform Act and WIC Amendments of 1987 ( 7 U.S.C. 612c note; Public Law 100–237 ) is amended— (1) in subsection (a)— (A) in paragraph (2) by striking subparagraph (B) and inserting the following: (B) the program established under section 4(b) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2013(b) ); ; and (B) in paragraph (3)(D) by striking the Committee on Education and Labor and inserting the Committee on Education and the Workforce ; (2) in subsection (b)(1)(A)(ii) by striking section 32 of the Agricultural Adjustment Act ( 7 U.S.C. 601 et seq. ) and inserting section 32 of the Act of August 24, 1935 ( 7 U.S.C. 612c ) ; (3) in subsection (e)(1)(D)(iii) by striking subclause (II) and inserting the following: (II) the program established under section 4(b) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2013(b) ); ; and (4) in subsection (k) by striking the Committee on Education and Labor and inserting the Committee on Education and the Workforce . C Miscellaneous 4201. Farmers’ market nutrition program Section 4402 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 3007 ) is amended— (1) in the section heading by striking Seniors ; (2) by amending subsection (a) to read as follows: (a) Funding (1) In general Of the funds of the Commodity Credit Corporation, the Secretary of Agriculture shall use to carry out and expand the farmers market nutrition program $20,600,000 for each of fiscal years 2014 through 2018. (2) Additional funding There is authorized to be appropriated such sums as are necessary to carry out this subsection for each of the fiscal years specified in paragraph (1). ; (3) in subsection (b)— (A) in the matter preceding paragraph (1), by striking seniors ; and (B) in paragraph (1) by inserting , and low-income families who are determined to be at nutritional risk after low-income seniors ; (4) in subsection (c) by striking seniors ; (5) in subsection (d) by striking seniors ; (6) in subsection (e) by striking seniors ; (7) by redesignating subsections (c), (d), (e), and (f) as subsections (d), (e), (f), and (g), respectively; and (8) by inserting after subsection (b) the following: (c) State grants and other assistance The Secretary shall carry out the Program through grants and other assistance provided in accordance with agreements made with States, for implementation through State agencies and local agencies, that include provisions— (1) for the issuance of coupons or vouchers to participating individuals; (2) establishing an appropriate annual percentage limitation on the use of funds for administrative costs; and (3) specifying other terms and conditions as the Secretary deems appropriate to encourage expanding the participation of small scale farmers in Federal nutrition programs. . 4202. Nutrition information and awareness pilot program Section 4403 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 3171 note; Public Law 107–171 ) is repealed. 4203. Fresh fruit and vegetable program Section 19 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769a ) is amended— (1) in the section heading, by striking Fresh ; (2) in subsection (a), by striking fresh ; (3) in subsection (b), by striking fresh ; and (4) in subsection (e), by striking fresh . 4204. Additional authority for purchase of fresh fruits, vegetables, and other specialty food crops Section 10603 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 612c–4 ) is amended— (1) in subsection (b), by striking 2012 and inserting 2018 ; (2) by redesignating subsection (c) as subsection (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. ). (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. . 4205. Encouraging locally and regionally grown and raised food (a) Commodity Purchase Streamlining The Secretary may permit each school food authority with a low annual commodity entitlement value, as determined by the Secretary, to elect to substitute locally and regionally grown and raised food for the authority’s allotment, in whole or in part, of commodity assistance for the school meal 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. ), if— (1) the election is requested by the school food authority; (2) the Secretary determines that the election will reduce State and Federal administrative costs; and (3) the election will provide the school food authority with greater flexibility to purchase locally and regionally grown and raised foods. (b) Farm-to-school demonstration programs (1) In general The Secretary may establish farm-to-school demonstration programs under which school food authorities, agricultural producers producing for local and regional markets, and other farm-to-school stakeholders will collaborate with the Agriculture Marketing Service to, on a cost neutral basis, source food for the school meal 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. ) from local farmers and ranchers in lieu of the commodity assistance provided to the school food authorities for the school meal programs. (2) Requirements (A) In general Each demonstration program carried out under this subsection shall— (i) facilitate and increase the purchase of unprocessed and minimally processed locally and regionally grown and raised agricultural products to be served under the school meal programs; (ii) test methods to improve procurement, transportation, and meal preparation processes for the school meal programs; (iii) assess whether administrative costs can be saved through increased school food authority flexibility to source locally and regionally produced foods for the school meal programs; and (iv) undertake rigorous evaluation and share information about results of the demonstration program, including cost savings, with the Secretary, other school food authorities, agricultural producers producing for the local and regional market, and the general public. (B) Plans In order to be selected to carry out a demonstration program under this subsection, a school food authority shall submit to the Secretary a plan at such time and in such manner as the Secretary may require, and containing information with respect to the requirements described in clauses (i) through (iv) of subparagraph (A). (3) Technical assistance The Secretary shall provide technical assistance to demonstration program participants to assist such participants to acquire bids from potential vendors in a timely and cost-effective manner. (4) Length The Secretary shall determine the appropriate length of time for each demonstration program under this subsection. (5) Coordination The Secretary shall coordinate among relevant agencies of the Department of Agriculture and non-governmental organizations with appropriate expertise to facilitate the provision of training and technical assistance necessary to successfully carry out demonstration programs under this subsection. (6) Number Subject to the availability of funds to carry out this subsection, the Secretary shall select at least 10 demonstration programs to be carried out under this subsection. (7) Diversity and balance In selecting demonstration programs to be carried out under this subsection, the Secretary shall, to the maximum extent practicable, ensure— (A) geographical diversity; (B) that at least half of the demonstration programs are completed in collaboration with school food authorities with small annual commodity entitlements, as determined by the Secretary; (C) that at least half of the demonstration programs are completed in rural or tribal communities; (D) equitable treatment of school food authorities with a high percentage of students eligible for free or reduced price lunches, as determined by the Secretary; and (E) that at least one of the demonstration programs is completed on a military installation as defined in section 2687(e)(1) of title 10, United States Code. V Credit A Farm ownership loans 5001. Eligibility for farm ownership loans (a) In general Section 302(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1922(a) ) is amended— (1) by striking (a) In general.— The and inserting the following: (a) In general (1) Eligibility requirements The ; (2) in the 1st sentence, by inserting after limited liability companies the following: , and such other legal entities as the Secretary deems appropriate, ; (3) in the 2nd sentence, by redesignating clauses (1) through (4) as clauses (A) through (D), respectively; (4) in each of the 2nd and 3rd sentences, by striking and limited liability companies each place it appears and inserting limited liability companies, and such other legal entities ; (5) in the 3rd sentence, by striking (3) and (4) and inserting (C) and (D) , respectively; and (6) by adding at the end the following: (2) Special deeming rules (A) Eligibility of certain operating-only entities An entity that is or will become only the operator of a family farm is deemed to meet the owner-operator requirements of paragraph (1) if the individuals that are the owners of the family farm own more than 50 percent (or such other percentage as the Secretary determines is appropriate) of the entity. (B) Eligibility of certain embedded entities An entity that is an owner-operator described in paragraph (1), or an operator described in subparagraph (A) of this paragraph that is owned, in whole or in part, by other entities, is deemed to meet the direct ownership requirement imposed under paragraph (1) if at least 75 percent of the ownership interests of each embedded entity of such entity is owned directly or indirectly by the individuals that own the family farm. . (b) Direct farm ownership experience requirement Section 302(b)(1) of such Act ( 7 U.S.C. 1922(b)(1) ) is amended by inserting or has other acceptable experience for a period of time, as determined by the Secretary, after 3 years . (c) Conforming amendments (1) Section 304(c)(2) of such Act ( 7 U.S.C. 1924(c)(2) ) by striking paragraphs (1) and (2) of section 302(a) and inserting clauses (A) and (B) of section 302(a)(1) . (2) Section 310D of such Act ( 7 U.S.C. 1934 ) is amended— (A) by inserting after partnership the following: , or such other legal entities as the Secretary deems appropriate, ; and (B) by striking or partners each place it appears and inserting partners, or owners . 5002. Conservation loan and loan guarantee program (a) Eligibility Section 304(c) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1924(c) ) is amended by inserting after limited liability companies the following: , or such other legal entities as the Secretary deems appropriate, . (b) Limitation on loan guarantee amount Section 304(e) of such Act ( 7 U.S.C. 1924(e) ) is amended by striking 75 percent and inserting 90 percent . (c) Extension of program Section 304(h) of such Act ( 7 U.S.C. 1924(h) ) is amended by striking 2012 and inserting 2018 . 5003. Down payment loan program (a) In general 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 . (b) Technical correction Section 310E(b) of such Act ( 7 U.S.C. 1935(b) ) is amended by striking the 2nd paragraph (2). 5004. Elimination of mineral rights appraisal requirement Section 307 of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1927 ) is amended by striking subsection (d) and redesignating subsection (e) as subsection (d). B Operating loans 5101. Eligibility for farm operating loans Section 311(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1941(a) ) is amended— (1) by striking (a) In general.— The and inserting the following: (a) In general (1) Eligibility requirements The ; (2) in the 1st sentence, by inserting after limited liability companies the following: , and such other legal entities as the Secretary deems appropriate, ; (3) in the 2nd sentence, by redesignating clauses (1) through (4) as clauses (A) through (D), respectively; (4) in each of the 2nd and 3rd sentences, by striking and limited liability companies each place it appears and inserting limited liability companies, and such other legal entities ; (5) in the 3rd sentence, by striking (3) and (4) and inserting (C) and (D) , respectively; and (6) by adding at the end the following: (2) Special deeming rule An entity that is an operator described in paragraph (1) that is owned, in whole or in part, by other entities, is deemed to meet the direct ownership requirement imposed under paragraph (1) if at least 75 percent of the ownership interests of each embedded entity of such entity is owned directly or indirectly by the individuals that own the family farm. . 5102. Elimination of rural residency requirement for operating loans to youth Section 311(b)(1) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1941(b)(1) ) is amended by striking who are rural residents . 5103. Authority to waive personal liability for youth loans due to circumstances beyond borrower control Section 311(b) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1941(b) ) is amended by adding at the end the following: (5) The Secretary may, on a case by case basis, waive the personal liability of a borrower for a loan made under this subsection if any default on the loan was due to circumstances beyond the control of the borrower. . 5104. Microloans (a) In general Section 313 of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1943 ) is amended by adding at the end the following: (c) 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 exceeds $35,000 or that would cause the total principal indebtedness outstanding at any 1 time for microloans made under this chapter 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 contract with 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 contracting 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 necessary. . (b) Exceptions for direct loans Section 311(c)(2) of such Act ( 7 U.S.C. 1941(c)(2) ) is amended to read as follows: (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 beginning farmer or rancher or a veteran farmer or rancher (as defined in section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 2279(e) ). . (c) Section 312(a) of such Act ( 7 U.S.C. 1942(a) ) is amended by inserting (including a microloan, as defined by the Secretary) after A direct loan . (d) Section 316(a)(2) of such Act ( 7 U.S.C. 1946(a)(2) ) is amended by inserting a microloan to a beginning farmer or rancher or veteran farmer or rancher (as defined in section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 2279(e) ) or after The interest rate on . C Emergency loans 5201. Eligibility for emergency loans Section 321(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1961(a) ) is amended— (1) by striking owner-operators (in the case of loans for a purpose under subtitle A) or operators (in the case of loans for a purpose under subtitle B) each place it appears and inserting (in the case of farm ownership loans in accordance with subtitle A) owner-operators or operators, or (in the case of loans for a purpose under subtitle B) operators ; (2) by inserting after limited liability companies the 1st place it appears the following: , or such other legal entities as the Secretary deems appropriate ; and (3) by inserting after limited liability companies the 2nd place it appears the following: , or other legal entities ; (4) by striking and limited liability companies, and inserting limited liability companies, and such other legal entities ; (5) by striking ownership and operator and inserting ownership or operator ; and (6) by adding at the end the following: An entity that is an owner-operator or operator described in this subsection is deemed to meet the direct ownership requirement imposed under this subsection if at least 75 percent of the ownership interests of each embedded entity of such entity is owned directly or indirectly by the individuals that own the family farm. . D Administrative provisions 5301. Beginning farmer and rancher individual development accounts pilot program Section 333B(h) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1983b(h) ) is amended by striking 2012 and inserting 2018 . 5302. Eligible beginning farmers and ranchers (a) Conforming amendments relating to changes in eligibility rules Section 343(a)(11) of such Act ( 7 U.S.C. 1991(a)(11) ) is amended— (1) by inserting after joint operation, the 1st place it appears the following: or such other legal entity as the Secretary deems appropriate, ; (2) by striking or joint operators each place it appears and inserting joint operators, or owners ; and (3) by inserting after joint operation, the 2nd and 3rd place it appears the following: or such other legal entity, . (b) Modification of acreage ownership limitation Section 343(a)(11)(F) of such Act ( 7 U.S.C. 1991(a)(11)(F) ) is amended by striking median acreage and inserting average acreage . 5303. Loan authorization levels Section 346(b)(1) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1994(b)(1) ) is amended in the matter preceding subparagraph (A) by striking 2012 and inserting 2018 . 5304. Priority for participation loans Section 346(b)(2)(A)(i) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1994(b)(2)(A)(i) ) is amended 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 applicants 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 under this subtitle to applicants only if the Secretary determines that down payment or other participation loan options are not a viable approach for the applicants. . 5305. Loan fund set-asides Section 346(b)(2)(A)(ii)(III) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1994(b)(2)(A)(ii)(III) ) is amended— (1) by striking 2012 and inserting 2018 ; and (2) by striking of the total amount . 5306. Conforming amendment to borrower training provision, relating to eligibility changes Section 359(c)(2) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2006a(c)(2) ) is amended by striking section 302(a)(2) or 311(a)(2) and inserting section 302(a)(1)(B) or 311(a)(1)(B) . E State agricultural mediation programs 5401. State agricultural mediation programs Section 506 of the Agricultural Credit Act of 1987 ( 7 U.S.C. 5106 ) is amended by striking 2015 and inserting 2018 . F Loans to purchasers of highly fractionated land 5501. Loans to purchasers of highly fractionated land The first section of Public Law 91–229 ( 25 U.S.C. 488 ) is amended in subsection (b)(1) by striking pursuant to section 205(c) of the Indian Land Consolidation Act ( 25 U.S.C. 2204(c) ) and inserting or to intermediaries in order to establish revolving loan funds for the purchase of highly fractionated land . VI Rural development A Consolidated Farm and Rural Development Act 6001. Water, waste disposal, and wastewater facility grants Section 306(a)(2)(B)(vii) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926(a)(2)(B)(vii) ) by striking $30,000,000 for each of fiscal years 2008 through 2012 and inserting $15,000,000 for each of fiscal years 2014 through 2018 . 6002. Rural business opportunity grants Section 306(a)(11)(D) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926(a)(11)(D) ) is amended by striking $15,000,000 for each of fiscal years 2008 through 2012 and inserting $15,000,000 for each of fiscal years 2014 through 2018 . 6003. Elimination of reservation of community facilities grant program funds Section 306(a)(19) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926(a)(19) ) is amended by striking subparagraph (C). 6004. Utilization of loan guarantees for community facilities Section 306(a)(24) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926(a)(24) ) is amended by adding at the end the following: (C) Utilization of loan guarantees for community facilities The Secretary shall consider the benefits to communities that result from using loan guarantees in the Community Facilities Program and to the maximum extent possible utilize guarantees to enhance community involvement. . 6005. Rural water and wastewater circuit rider program Section 306(a)(22) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926(a)(22) ) is amended to read as follows: (22) Rural water and wastewater circuit rider program (A) In general The Secretary shall continue a national rural water and wastewater circuit rider program that— (i) is consistent with the activities and results of the program conducted before the date of enactment of this paragraph, as determined by the Secretary; and (ii) receives funding from the Secretary, acting through the Rural Utilities Service. (B) Authorization of appropriations There is authorized to be appropriated to carry out this paragraph $20,000,000 for fiscal year 2014 and each fiscal year thereafter. . 6006. Tribal college and university essential community facilities Section 306(a)(25)(C) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926(a)(25)(C) ) is amended by striking $10,000,000 for each of fiscal years 2008 through 2012 and inserting $5,000,000 for each of fiscal years 2014 through 2018 . 6007. Emergency and imminent community water assistance grant program Section 306A(i)(2) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926a(i)(2) ) is amended by striking $35,000,000 for each of fiscal years 2008 through 2012 and inserting $27,000,000 for each of fiscal years 2014 through 2018 . 6008. Household water well systems Section 306E(d) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926e(d) ) is amended by striking $10,000,000 for each of fiscal years 2008 through 2012 and inserting $5,000,000 for each of fiscal years 2014 through 2018 . 6009. Rural business and industry loan program (a) Flexibility for the business and loan program Section 310B(a)(2)(A) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1932(a)(2)(A) ) is amended by inserting including working capital after employment . (b) Greater flexibility for adequate collateral through accounts receivable Section 310B(g)(7) of such Act ( 7 U.S.C. 1932(g)(7) ) is amended by adding at the end the following: In the discretion of the Secretary, if the Secretary determines that the action would not create or otherwise contribute to an unreasonable risk of default or loss to the Federal Government, the Secretary may take account receivables as security for the obligations entered into in connection with loans and a borrower may use account receivables as collateral to secure a loan made or guaranteed under this subsection. . (c) Regulations Not later than 6 months after the date of the enactment of this Act, the Secretary shall promulgate such regulations as are necessary to implement the amendments made by this section. 6010. Rural cooperative development grants Section 310B(e)(12) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1932(e)(12) ) is amended by striking $50,000,000 for each of fiscal years 2008 through 2012 and inserting $40,000,000 for each of fiscal years 2014 through 2018 . 6011. Locally or regionally produced agricultural food products Section 310B(g)(9)(B)(v)(I) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1932(g)(9)(B)(v)(I) ) is amended— (1) by striking 2012 and inserting 2018 ; and (2) by inserting and not more than 7 percent after 5 percent . 6012. Intermediary relending program (a) In general Subtitle A of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1922–1936a ) is amended by adding at the end the following: 310H. Intermediary relending program (a) In general The Secretary shall make loans to the entities, for the purposes, and subject to the terms and conditions specified in the 1st, 2nd, and last sentences of section 623(a) of the Community Economic Development Act of 1981 ( 42 U.S.C. 9812(a) ). (b) Limitations on authorization of appropriations For loans under subsection (a), there are authorized to be appropriated to the Secretary not more than $10,000,000 for each of fiscal years 2014 through 2018. . (b) Conforming amendments Section 1323(b)(2) of the Food Security Act of 1985 ( Public Law 99–198 ; 7 U.S.C. 1932 note) is amended— (1) in subparagraph (A), by adding and at the end; (2) in subparagraph (B), by striking ; and and inserting a period; and (3) by striking subparagraph (C). 6013. Rural water and waste disposal infrastructure Section 333 of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1983 ) is amended— (1) by striking require ; (2) in paragraph (1), by inserting require after (1) ; (3) in paragraph (2), by inserting , require after 314 ; (4) in paragraph (3), by inserting require after loans, ; (5) in paragraph (4)— (A) by inserting require after (4) ; and (B) by striking and after the semicolon; (6) in paragraph (5)— (A) by inserting require after (5) ; and (B) by striking the period at the end and inserting ; and ; and (7) by adding at the end the following: (6) with respect to water and waste disposal direct and guaranteed loans provided under section 306, encourage, to the maximum extent practicable, private or cooperative lenders to finance rural water and waste disposal facilities by— (A) maximizing the use of loan guarantees to finance eligible projects in rural communities where the population exceeds 5,500; (B) maximizing the use of direct loans to finance eligible projects in rural communities where the impact on rate payers will be material when compared to financing with a loan guarantee; (C) establishing and applying a materiality standard when determining the difference in impact on rate payers between a direct loan and a loan guarantee; (D) in the case of projects that require interim financing in excess of $500,000, requiring that such projects initially seek such financing from private or cooperative lenders; and (E) determining if an existing direct loan borrower can refinance with a private or cooperative lender, including with a loan guarantee, prior to providing a new direct loan. . 6014. Simplified applications (a) In general Section 333A of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1983a ) is amended by adding at the end the following: (h) Simplified application forms Except as provided in subsection (g)(2) of this section, the Secretary shall, to the maximum extent practicable, develop a simplified application process, including a single page application where possible, for grants and relending authorized under sections 306, 306C, 306D, 306E, 310B(b), 310B(c), 310B(e), 310B(f), 310H, 379B, and 379E. . (b) Report to the Congress Within 2 years after the date of the enactment of this Act, 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 written report that contains an evaluation of the implementation of the amendment made by subsection (a). 6015. Grants for NOAA weather radio transmitters Section 379B(d) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2008p(d) ) is amended to read as follows: (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 2014 through 2018. . 6016. Rural microentrepreneur assistance program Section 379E(d)(2) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2008s(d)(2) ) is amended by striking $40,000,000 for each of fiscal years 2009 through 2012 and inserting $20,000,000 for each of fiscal years 2014 through 2018 . 6017. Delta Regional Authority (a) Authorization of appropriations Section 382M(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2009aa–12(a) ) is amended by striking $30,000,000 for each of fiscal years 2008 through 2012 and inserting $12,000,000 for each of fiscal years 2014 through 2018 . (b) Termination of authority Section 382N of such Act ( 7 U.S.C. 2009aa–13 ) is amended by striking 2012 and inserting 2018 . 6018. Northern Great Plains Regional Authority (a) Authorization of appropriations Section 383N(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2009bb–12(a) ) is amended by striking $30,000,000 for each of fiscal years 2008 through 2012 and inserting $2,000,000 for each of fiscal years 2014 through 2018 . (b) Termination of authority Section 383O of such Act ( 7 U.S.C. 2009bb–13 ) is amended by striking 2012 and inserting 2018 . 6019. Rural business investment program Section 384S of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2009cc–18 ) is amended by striking $50,000,000 for the period of fiscal years 2008 through 2012 and inserting $20,000,000 for each of fiscal years 2014 through 2018 . B Rural Electrification Act of 1936 6101. Relending for certain purposes (a) In general The Rural Electrification Act of 1936 ( 7 U.S.C. 901 et seq. ) is amended— (1) in section 2(a), by inserting (including relending for this purpose as provided in section 4) after efficiency ; (2) in section 4(a), by inserting (including relending to ultimate consumers for this purpose by borrowers enumerated in the proviso in this section) after efficiency ; and (3) in section 313(b)(2)(B)— (A) by inserting (acting through the Rural Utilities Service) after Secretary ; and (B) by inserting energy efficiency (including relending to ultimate consumers for this purpose), after promoting . (b) Current authority The authority provided in this section is in addition to any other relending authority of the Secretary under the Rural Electrification Act of 1936 (7 U.S.C. 901 et. seq.) or any other law. (c) Administration The Secretary (acting through the Rural Utilities Service) shall continue to carry out section 313 of the Rural Electrification Act of 1936 ( 7 U.S.C. 940c ) in the same manner as on the day before enactment of this Act until such time as any regulations necessary to carry out the amendments made by this section are fully implemented. 6102. Fees for certain loan guarantees The Rural Electrification Act of 1936 ( 7 U.S.C. 901 et seq. ) is amended by inserting after section 4 the following: 5. Fees for certain loan guarantees (a) In general For electrification baseload generation loan guarantees, the Secretary shall, at the request of the borrower, charge an upfront fee to cover the costs of the loan guarantee. (b) Fee The fee described in subsection (a) for a loan guarantee shall be equal to the costs of the loan guarantee (within the meaning of section 502(5)(C) of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661a(5)(C) )). (c) Limitation Funds received from a borrower to pay the fee described in this section shall not be derived from a loan or other debt obligation that is made or guaranteed by the Federal Government. . 6103. Guarantees for bonds and notes issued for electrification or telephone purposes Section 313A(f) of the Rural Electrification Act of 1936 ( 7 U.S.C. 940c–1(f) ) is amended by striking 2012 and inserting 2018 . 6104. Expansion of 911 access Section 315(d) of the Rural Electrification Act of 1936 ( 7 U.S.C. 940e(d) ) is amended by striking 2012 and inserting 2018 . 6105. Access to broadband telecommunications services in rural areas Section 601 of the Rural Electrification Act of 1936 ( 7 U.S.C. 950bb ) is amended— (1) in subsection (c), by striking paragraph (2) and inserting the following: (2) Priorities In making or guaranteeing loans under paragraph (1), the Secretary shall give— (A) the highest priority to applicants that offer to provide broadband service to the greatest proportion of households that, prior to the provision of the broadband service, had no incumbent service provider; and (B) priority to applicants that offer in their applications to provide broadband service not predominantly for business service, but where at least 25 percent of customers in the proposed service territory are commercial interests. ; (2) in subsection (d)— (A) in paragraph (5)— (i) by striking and at the end of subparagraph (B); (ii) by striking the period at the end of subparagraph (C) and inserting a semicolon; and (iii) by adding at the end the following: (D) the amount and type of support requested; and (E) a list of the census block groups or tracts proposed to be so served. ; and (B) by adding at the end the following: (8) Additional process The Secretary shall establish a process under which an incumbent service provider which, as of the date of the publication of notice under paragraph (5) with respect to an application submitted by the provider, is providing broadband service to a remote rural area, may (but shall not be required to) submit to the Secretary, not less than 15 and not more than 30 days after that date, information regarding the broadband services that the provider offers in the proposed service territory, so that the Secretary may assess whether the application meets the requirements of this section with respect to eligible projects. ; (3) in subsection (e), by adding at the end the following: (3) Requirement In considering the technology needs of customers in a proposed service territory, the Secretary shall take into consideration the upgrade or replacement cost for the construction or acquisition of facilities and equipment in the territory. ; and (4) in each of subsections (k)(1) and (l), by striking 2012 and inserting 2018 . C Miscellaneous 6201. Distance learning and telemedicine (a) Authorization of appropriations Section 2335A of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 950aaa–5 ) is amended by striking $100,000,000 for each of fiscal years 2008 through 2012 and inserting $65,000,000 for each of fiscal years 2014 through 2018 . (b) Conforming amendment Section 1(b) of Public Law 102–551 ( 7 U.S.C. 950aaa note) is amended by striking 2012 and inserting 2018 . 6202. Value-added agricultural market development program grants Section 231(b)(7) of the Agricultural Risk Protection Act of 2000 ( 7 U.S.C. 1632a(b)(7) ) is amended— (1) in subparagraph (A)— (A) by striking 2008 and inserting 2013 ; and (B) by striking $15,000,000 and inserting $50,000,000 ; and (2) in subparagraph (B), by striking 2012 and inserting 2018 . 6203. Agriculture innovation center demonstration program Section 6402(i) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 1632b(i) ) is amended by striking $6,000,000 for each of fiscal years 2008 through 2012 and inserting $1,000,000 for each of fiscal years 2014 through 2018 . 6204. Program metrics (a) In general The Secretary of Agriculture shall collect data regarding economic activities created through grants and loans, including any technical assistance provided as a component of the grant or loan program, and measure the short and long term viability of award recipients and any entities to whom those recipients provide assistance using award funds under section 231 of the Agricultural Risk Protection Act of 2000 ( 7 U.S.C. 1621 note; Public Law 106–224 ), section 9007 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8107 ), section 313(b)(2) of the Rural Electrification Act of 1936 ( 7 U.S.C. 940c(b)(2) ), or section 306(a)(11), 310B(c), 310B(e), 310B(g), 310H, or 379E, or subtitle E, of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926(a)(11) , 1932(c), 1932(e), 1932(g), 2008s, or 2009 through 2009m). (b) Data The data collected under subsection (a) shall include information collected from recipients both during the award period and after the period as determined by the Secretary, but not less than 2 years after the award period ends. (c) Report Not later than 4 years after the date of enactment of this Act, and every 2 years thereafter, 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 that contains the data described in subsection (a). The report shall include detailed information regarding— (1) actions taken by the Secretary to utilize the data; (2) the number of jobs, including self-employment and the value of salaries and wages; (3) how the provision of funds from the grant or loan involved affected the local economy; (4) any benefit, such as an increase in revenue or customer base; and (5) such other information as the Secretary deems appropriate. 6205. Study of rural transportation issues (a) In general The Secretary of Agriculture and the Secretary of Transportation shall publish an updated version of the study described in section 6206 of the Food, Conservation, and Energy Act of 2008. (b) Report to congress Not later than 1 year after the date of enactment of this Act, the Secretary of Agriculture and the Secretary of Transportation shall submit to the Congress the updated version of the study required by subsection (a). 6206. Certain Federal actions not to be considered major In the case of a loan, loan guarantee, or grant program in the rural development mission area of the Department of Agriculture, an action of the Secretary before, on, or after the date of enactment of this Act that does not involve the provision by the Department of Agriculture of Federal dollars or a Federal loan guarantee, including— (1) the approval by the Department of Agriculture of the decision of a borrower to commence a privately funded activity; (2) a lien accommodation or subordination; (3) a debt settlement or restructuring; or (4) the restructuring of a business entity by a borrower, shall not be considered a major Federal action. VII Research, Extension, and Related Matters A National Agricultural Research, Extension, and Teaching Policy Act of 1977 7101. Option to be included as non-land-grant college of agriculture Section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3103 ) is amended— (1) by striking paragraph (5) and inserting the following new paragraph: (5) Cooperating forestry school (A) In general The term cooperating forestry school means an institution— (i) that is eligible to receive funds under the Act of October 10, 1962 ( 16 U.S.C. 582a et seq. ), commonly known as the McIntire-Stennis Act of 1962; and (ii) with respect to which the Secretary has not received a declaration of the intent of that institution to not be considered a cooperating forestry school. (B) Termination of declaration A declaration of the intent of an institution to not be considered a cooperating forestry school submitted to the Secretary shall be in effect until September 30, 2018. ; and (2) in paragraph (10)— (A) in subparagraph (A)— (i) in the matter preceding clause (i), by striking that ; (ii) in clause (i)— (I) by inserting that before qualify ; and (II) by striking and at the end; (iii) in clause (ii)— (I) by inserting that before offer ; and (II) by striking the period at the end and inserting ; and ; and (iv) by adding at the end the following new clause: (iii) with respect to which the Secretary has not received a statement of the declaration of the intent of a college or university to not be considered a Hispanic-serving agricultural college or university. ; and (B) by adding at the end the following new subparagraph: (C) Termination of declaration of intent A declaration of the intent of a college or university to not be considered a Hispanic-serving agricultural college or university submitted to the Secretary shall be in effect until September 30, 2018. . 7102. National Agricultural Research, Extension, Education, and Economics Advisory Board (a) Extension of termination date Section 1408(h) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3123(h) ) is amended by striking 2012 and inserting 2018 . (b) Duties of National Agricultural Research, Extension, Education, and Economics Advisory Board Section 1408(c) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3123(c) ) is amended— (1) in paragraph (3), by striking and at the end; (2) in paragraph (4)(C), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new paragraph: (5) consult with industry groups on agricultural research, extension, education, and economics, and make recommendations to the Secretary based on that consultation. . 7103. Specialty crop committee Section 1408A(c) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3123a(c) ) is amended— (1) in paragraph (1), by striking Measures and inserting Programs ; (2) by striking paragraph (2); (3) by redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively; and (4) in paragraph (2) (as so redesignated)— (A) in the matter preceding subparagraph (A), by striking Programs that would and inserting Research, extension, and teaching programs designed to improve competitiveness in the specialty crop industry, including programs that would ; (B) in subparagraph (D), by inserting including improving the quality and taste of processed specialty crops before the semicolon; and (C) in subparagraph (G), by inserting the remote sensing and the before mechanization . 7104. Veterinary services grant program The National Agricultural Research, Extension, and Teaching Policy Act of 1977 is amended by inserting after section 1415A ( 7 U.S.C. 3151a ) the following new section: 1415B. Veterinary services grant program (a) Definitions In this section: (1) Qualified entity The term qualified entity means— (A) a for-profit or nonprofit entity located in the United States that, or an individual who, operates a veterinary clinic providing veterinary services— (i) in a rural area, as defined in section 343(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a) ); and (ii) in a veterinarian shortage situation; (B) a State, national, allied, or regional veterinary organization or specialty board recognized by the American Veterinary Medical Association; (C) a college or school of veterinary medicine accredited by the American Veterinary Medical Association; (D) a university research foundation or veterinary medical foundation; (E) a department of veterinary science or department of comparative medicine accredited by the Department of Education; (F) a State agricultural experiment station; or (G) a State, local, or tribal government agency. (2) Veterinarian shortage situation The term veterinarian shortage situation means a veterinarian shortage situation as determined by the Secretary under section 1415A. (b) Establishment (1) Competitive grants The Secretary shall carry out a program to make competitive grants to qualified entities that carry out programs or activities described in paragraph (2) for the purpose of developing, implementing, and sustaining veterinary services. (2) Eligibility requirements A qualified entity shall be eligible to receive a grant described in paragraph (1) if the entity carries out programs or activities that the Secretary determines will— (A) substantially relieve veterinarian shortage situations; (B) support or facilitate private veterinary practices engaged in public health activities; or (C) support or facilitate the practices of veterinarians who are providing or have completed providing services under an agreement entered into with the Secretary under section 1415A(a)(2). (c) Award processes and preferences (1) Application, evaluation, and input processes In administering the grant program established under this section, the Secretary shall— (A) use an appropriate application and evaluation process, as determined by the Secretary; and (B) seek the input of interested persons. (2) Coordination preference In selecting recipients of grants to be used for any of the purposes described in subsection (d)(1), the Secretary shall give a preference to qualified entities that provide documentation of coordination with other qualified entities, with respect to any such purpose. (3) Consideration of available funds In selecting recipients of grants to be used for any of the purposes described in subsection (d), the Secretary shall take into consideration the amount of funds available for grants and the purposes for which the grant funds will be used. (4) Nature of grants A grant awarded under this section shall be considered to be a competitive research, extension, or education grant. (d) Use of grants To relieve veterinarian shortage situations and support veterinary services (1) In general Except as provided in paragraph (2), a qualified entity may use funds provided by a grant awarded under this section to relieve veterinarian shortage situations and support veterinary services for any of the following purposes: (A) To promote recruitment (including for programs in secondary schools), placement, and retention of veterinarians, veterinary technicians, students of veterinary medicine, and students of veterinary technology. (B) To allow veterinary students, veterinary interns, externs, fellows, and residents, and veterinary technician students to cover expenses (other than the types of expenses described in section 1415A(c)(5)) to attend training programs in food safety or food animal medicine. (C) To establish or expand accredited veterinary education programs (including faculty recruitment and retention), veterinary residency and fellowship programs, or veterinary internship and externship programs carried out in coordination with accredited colleges of veterinary medicine. (D) To provide continuing education and extension, including veterinary telemedicine and other distance-based education, for veterinarians, veterinary technicians, and other health professionals needed to strengthen veterinary programs and enhance food safety. (E) To provide technical assistance for the preparation of applications submitted to the Secretary for designation as a veterinarian shortage situation under this section or section 1415A. (2) Qualified entities operating veterinary clinics A qualified entity described in subsection (a)(1)(A) may only use funds provided by a grant awarded under this section to establish or expand veterinary practices, including— (A) equipping veterinary offices; (B) sharing in the reasonable overhead costs of such veterinary practices, as determined by the Secretary; or (C) establishing mobile veterinary facilities in which a portion of the facilities will address education or extension needs. (e) Special requirements for certain grants (1) Terms of service requirements (A) In general Funds provided through a grant made under this section to a qualified entity described in subsection (a)(1)(A) and used by such entity under subsection (d)(2) shall be subject to an agreement between the Secretary and such entity that includes a required term of service for such entity (including a qualified entity operating as an individual), as prospectively established by the Secretary. (B) Considerations In establishing a term of service under subparagraph (A), the Secretary shall consider only— (i) the amount of the grant awarded; and (ii) the specific purpose of the grant. (2) Breach remedies (A) In general An agreement under paragraph (1) shall provide remedies for any breach of the agreement by the qualified entity referred to in paragraph (1)(A), including repayment or partial repayment of the grant funds, with interest. (B) Waiver The Secretary may grant a waiver of the repayment obligation for breach of contract if the Secretary determines that such qualified entity demonstrates extreme hardship or extreme need. (C) Treatment of amounts recovered Funds recovered under this paragraph shall— (i) be credited to the account available to carry out this section; and (ii) remain available until expended without further appropriation. (f) Prohibition on use of grant funds for construction Except as provided in subsection (d)(2), funds made available for grants under this section may not be used— (1) to construct a new building or facility; or (2) to acquire, expand, remodel, or alter an existing building or facility, including site grading and improvement and architect fees. (g) Regulations Not later than 1 year after the date of the enactment of this section, the Secretary shall promulgate regulations to carry out this section. (h) Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out this section $10,000,000 for fiscal year 2014 and each fiscal year thereafter, to remain available until expended. . 7105. Grants and fellowships for food and agriculture sciences education Section 1417(m) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3152(m) ) is amended by striking section $60,000,000 and all that follows and inserting the following: section— (1) $60,000,000 for each of fiscal years 1990 through 2013; and (2) $40,000,000 for each of fiscal years 2014 through 2018. . 7106. Policy research centers Section 1419A of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3155 ) is amended— (1) in the section heading, by inserting Agricultural and food before policy ; (2) in subsection (a), in the matter preceding paragraph (1)— (A) by striking Secretary may and inserting Secretary shall, acting through the Office of the Chief Economist, ; (B) by striking make grants, competitive grants, and special research grants to, and enter into cooperative agreements and other contracting instruments with, and inserting make competitive grants to or enter into cooperative agreements with ; and (C) by inserting with a history of providing unbiased, nonpartisan economic analysis to Congress after subsection (b) ; (3) in subsection (b), by striking other research institutions and all that follows through shall be eligible and inserting and other public research institutions and organizations shall be eligible ; (4) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; (5) by inserting after subsection (b), the following new subsection: (c) Preference In awarding grants under this section, the Secretary shall give a preference to policy research centers that have extensive databases, models, and demonstrated experience in providing Congress with agricultural market projections, rural development analysis, agricultural policy analysis, and baseline projections at the farm, multiregional, national, and international levels. ; and (6) by striking subsection (e) (as redesignated by paragraph (4)) and inserting the following new subsection: (e) Authorization of appropriations There are authorized to be appropriated to carry out this section— (1) such sums as are necessary for each of fiscal years 1996 through 2013; and (2) $5,000,000 for each of fiscal years 2014 through 2018. . 7107. Repeal of human nutrition intervention and health promotion research program Effective October 1, 2013, section 1424 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3174 ) is repealed. 7108. Repeal of pilot research program to combine medical and agricultural research Effective October 1, 2013, section1424A of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3174a ) is repealed. 7109. Nutrition education program Section 1425(f) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3175(f) ) is amended by striking 2012 and inserting 2018 . 7110. Continuing animal health and disease research programs Section 1433 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3195 ) is amended by striking the section designation and heading and all that follows through subsection (a) and inserting the following: 1433. Appropriations for continuing animal health and disease research programs (a) Authorization of appropriations (1) In general There are authorized to be appropriated to support continuing animal health and disease research programs at eligible institutions— (A) $25,000,000 for each of fiscal years 1991 through 2013; and (B) $15,000,000 for each of fiscal years 2014 through 2018. (2) Use of funds Funds made available under this section shall be used— (A) to meet the expenses of conducting animal health and disease research, publishing and disseminating the results of such research, and contributing to the retirement of employees subject to the Act of March 4, 1940 ( 7 U.S.C. 331 ); (B) for administrative planning and direction; and (C) to purchase equipment and supplies necessary for conducting the research described in subparagraph (A). . 7111. Repeal of appropriations for research on national or regional problems (a) Repeal Effective October 1, 2013, section 1434 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3196 ) is repealed. (b) Conforming amendments (1) Matching funds Section 1438 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3200 ) is amended in the first sentence by striking , exclusive of the funds provided for research on specific national or regional animal health and disease problems under the provisions of section 1434 of this title, . (2) Authorization of appropriations for existing and certain new agricultural research programs Section 1463(c) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3311(c) ) is amended by striking sections 1433 and 1434 and inserting section 1433 . 7112. Grants to upgrade agricultural and food sciences facilities at 1890 land-grant colleges, including Tuskegee University Section 1447(b) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3222b(b) ) is amended by striking 2012 and inserting 2018 . 7113. Grants to upgrade agriculture and food science facilities and equipment at insular area land-grant institutions (a) Supporting tropical and subtropical agricultural research (1) In general Section 1447B(a) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3222b–2(a) ) is amended to read as follows: (a) Purpose It is the intent of Congress to assist the land-grant colleges and universities in the insular areas in efforts to— (1) acquire, alter, or repair facilities or relevant equipment necessary for conducting agricultural research; and (2) support tropical and subtropical agricultural research, including pest and disease research. . (2) Conforming amendment Section 1447B of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3222b–2 ) is amended in the heading— (A) by inserting and support tropical and subtropical agricultural research after equipment ; and (B) by striking institutions and inserting colleges and universities . (b) Extension Section 1447B(d) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3222b–2(d) ) is amended by striking 2012 and inserting 2018 . 7114. Repeal of national research and training virtual centers Effective October 1, 2013, section 1448 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3222c ) is repealed. 7115. Hispanic-serving institutions Section 1455(c) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3241(c) ) is amended by striking 2012 and inserting 2018 . 7116. Competitive Grants Program for Hispanic Agricultural Workers and Youth Section 1456(e)(1) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3243(e)(1) ) is amended to read as follows: (1) In general The Secretary shall establish a competitive grants program— (A) to fund fundamental and applied research and extension at Hispanic-serving agricultural colleges and universities in agriculture, human nutrition, food science, bioenergy, and environmental science; and (B) to award competitive grants to Hispanic-serving agricultural colleges and universities to provide for training in the food and agricultural sciences of Hispanic agricultural workers and Hispanic youth working in the food and agricultural sciences. . 7117. Competitive grants for international agricultural science and education programs Section 1459A(c) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3292b(c) ) is amended to read as follows: (c) Authorization of appropriations There are authorized to be appropriated to carry out this section— (1) such sums as are necessary for each of fiscal years 1999 through 2013; and (2) $5,000,000 for each of fiscal years 2014 through 2018. . 7118. Repeal of research equipment grants Effective October 1, 2013, section 1462A of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3310a ) is repealed. 7119. University research Section 1463 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3311 ) is amended in both of subsections (a) and (b) by striking 2012 and inserting 2018 . 7120. Extension service Section 1464 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3312 ) is amended by striking 2012 and inserting 2018 . 7121. Auditing, reporting, bookkeeping, and administrative requirements Section 1469 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3315 ) is amended— (1) in subsection (a)— (A) in paragraph (2), by adding and at the end; (B) by striking paragraph (3); and (C) by redesignating paragraph (4) as paragraph (3); (2) by redesignating subsections (b), (c), and (d) as subsections (d), (e), and (f), respectively; and (3) by inserting after subsection (a) the following new subsections: (b) Administrative expenses (1) In general Except as provided in paragraph (2) and notwithstanding any other provision of law, the Secretary may retain not more than 4 percent of amounts made available for agricultural research, extension, and teaching assistance programs for the administration of those programs authorized under this Act or any other Act. (2) Exceptions The limitation on administrative expenses under paragraph (1) shall not apply to peer panel expenses under subsection (d) or any other provision of law related to the administration of agricultural research, extension, and teaching assistance programs that contains a limitation on administrative expenses that is less than the limitation under paragraph (1). (c) Agreements with non-Federal entities (1) Former agricultural research facilities of the Department To the maximum extent practicable, the Secretary, for purposes of supporting ongoing research and information dissemination activities, including supporting research and those activities through co-locating scientists and other technical personnel, sharing of laboratory and field equipment, and providing financial support, shall enter into grants, contracts, cooperative agreements, or other legal instruments with former Department of Agriculture agricultural research facilities. (2) Agreements with agricultural research organizations The Secretary, for purposes of receiving from a non-Federal agricultural research organization support for agricultural research, including staffing, laboratory and field equipment, or direct financial assistance, may enter into grants, contracts, cooperative agreements, or other legal instruments with an agricultural research organization, the operation of which is consistent with the research mission and programs of an agricultural research facility of the Department of Agriculture. . 7122. Supplemental and alternative crops (a) Authorization of appropriations and termination Section 1473D of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3319d ) is amended— (1) in subsection (a), by striking 2012 and inserting 2018 ; and (2) by adding at the end the following new subsection: (e) There are authorized to be appropriated to carry out this section— (1) such sums as are necessary for fiscal year 2013; and (2) $1,000,000 for each of fiscal years 2014 through 2018. . (b) Competitive grants Section 1473D(c)(1) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3319d(c)(1) ) is amended by striking use such research funding, special or competitive grants, or other means, as the Secretary determines, and inserting make competitive grants . 7123. Capacity building grants for NLGCA institutions Section 1473F(b) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3319i(b) ) is amended by striking 2012 and inserting 2018 . 7124. Aquaculture assistance programs (a) Competitive grants Section 1475(b) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3322(b) ) is amended in the matter preceding paragraph (1), by inserting competitive before grants . (b) Authorization of appropriations Section 1477 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3324 ) is amended to read as follows: 1477. Authorization of appropriations (a) In general There are authorized to be appropriated to carry out this subtitle— (1) $7,500,000 for each of fiscal years 1991 through 2013; and (2) $5,000,000 for each of fiscal years 2014 through 2018. (b) Prohibition on use Funds made available under this section may not be used to acquire or construct a building. . 7125. Rangeland research programs Section 1483(a) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3336(a) ) is amended by striking subtitle and all that follows and inserting the following: subtitle— (1) $10,000,000 for each of fiscal years 1991 through 2013; and (2) $2,000,000 for each of fiscal years 2014 through 2018. . 7126. Special authorization for biosecurity planning and response Section 1484(a) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3351(a) ) is amended by striking response such sums as are necessary and all that follows and inserting the following: response— (1) such sums as are necessary for each of fiscal years 2002 through 2013; and (2) $10,000,000 for each of fiscal years 2014 through 2018. . 7127. Distance education and resident instruction grants program for insular area institutions of higher education (a) Distance education grants for insular areas (1) Competitive grants Section 1490(a) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3362(a) ) is amended by striking or noncompetitive . (2) Authorization of appropriations Section 1490(f) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3362(f) ) is amended by striking section and all that follows and inserting the following: section— (1) such sums as are necessary for each of fiscal years 2002 through 2013; and (2) $2,000,000 for each of fiscal years 2014 through 2018. . (b) Resident instruction grants for insular areas Section 1491(c) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3363(c) ) is amended by striking such sums as are necessary and all that follows and inserting the following: to carry out this section— (1) such sums as are necessary for each of fiscal years 2002 through 2013; and (2) $2,000,000 for each of fiscal years 2014 through 2018. . 7128. Matching funds requirement (a) In general The National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3101 et seq. ) is amended by adding at the end the following new subtitle: P General Provisions 1492. Matching funds requirement (a) In general The recipient of a competitive grant that is awarded by the Secretary under a covered law shall provide funds, in-kind contributions, or a combination of both, from sources other than funds provided through such grant in an amount at least equal to the amount of such grant. (b) Exception The matching funds requirement under subsection (a) shall not apply to grants awarded— (1) to a research agency of the Department of Agriculture; (2) to an entity eligible to receive funds under a capacity and infrastructure program (as defined in section 251(f)(1)(C) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6971(f)(1)(C) )), including a partner of such entity. (c) Covered law In this section, the term covered law means each of the following provisions of law: (1) This title. (2) Title XVI of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5801 et seq. ). (3) The Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7601 et seq. ). (4) Part III of subtitle E of title VII of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 3202 et seq. ). (5) The Competitive, Special, and Facilities Research Grant Act ( 7 U.S.C. 450i ). . (b) Conforming amendment Paragraph (9) of subsection (b) of the Competitive, Special, and Facilities Research Grant Act ( 7 U.S.C. 450i(b) ) is amended— (1) by striking subparagraph (B); (2) in the heading, by inserting for equipment grants after funds ; (3) by striking (A) Equipment grants.— ; and (4) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and moving the margins of such subparagraphs two ems to the left. (c) Application to amendments (1) New grants Section 1492 of the National Agricultural, Research, Extension, and Teaching Policy Act of 1977, as added by subsection (a), shall apply with respect to grants described in such section awarded after October 1, 2013, unless the provision of a covered law under which such grants are awarded specifically exempts such grants from the matching funds requirement under such section. (2) Existing grants A matching funds requirement in effect on or before October 1, 2013, under a covered law shall continue to apply to a grant awarded under such provision of law on or before that date. B Food, Agriculture, Conservation, and Trade Act of 1990 7201. Best utilization of biological applications Section 1624 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5814 ) is amended in the first sentence— (1) by striking $40,000,000 for each fiscal year ; and (2) by inserting $40,000,000 for each of fiscal years 2013 through 2018 after chapter . 7202. Integrated management systems Section 1627(d) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5821(d) ) is amended to read as follows: (d) Authorization of appropriations There are authorized to be appropriated to carry out this section through the National Institute of Food and Agriculture $20,000,000 for each of fiscal years 2013 through 2018. . 7203. Sustainable agriculture technology development and transfer program Section 1628(f) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5831(f) ) is amended to read as follows: (f) Authorization of appropriations There are authorized to be appropriated to carry out this section— (1) such sums as are necessary for fiscal year 2013; and (2) $5,000,000 for each of fiscal years 2014 through 2018. . 7204. National training program Section 1629(i) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5832(i) ) is amended to read as follows: (i) Authorization of appropriations There are authorized to be appropriated to carry out the National Training Program $20,000,000 for each of fiscal years 2013 through 2018. . 7205. National Genetics Resources Program Section 1635(b) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5844(b) ) is amended— (1) by striking such funds as may be necessary ; and (2) by striking subtitle and all that follows and inserting the following: subtitle— (1) such sums as are necessary for each of fiscal years 1991 through 2013; and (2) $1,000,000 for each of fiscal years 2014 through 2018. . 7206. Repeal of National Agricultural Weather Information System Effective October 1, 2013, subtitle D of title XVI of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5851 et seq. ) is repealed. 7207. Repeal of rural electronic commerce extension program Effective October 1, 2013, section 1670 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5923 ) is repealed. 7208. Repeal of agricultural genome initiative Effective October 1, 2013, section 1671 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5924 ) is repealed. 7209. High-priority research and extension initiatives Section 1672 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5925 ) is amended— (1) in the first sentence of subsection (a), by striking subsections (e) through (i) and inserting subsections (e) and (f) ; (2) in subsection (b)(2), in the first sentence, by striking subsections (e) through (i) and inserting subsections (e) and (f) ; (3) by striking subsections (e), (f), and (i); (4) by redesignating subsections (g), (h), and (j) as subsections (e), (f), and (g), respectively; (5) in subsection (f) (as redesignated by paragraph (4))— (A) by striking 2012 each place it appears in paragraphs (1)(B), (2)(B), and (3) and inserting 2018 ; and (B) in paragraph (4)— (i) in subparagraph (A), by inserting and honey bee health disorders after collapse ; and (ii) in subparagraph (B), by inserting , including best management practices after strategies ; and (6) in subsection (g) (as redesignated by paragraph (4)), by striking 2012 and inserting 2018 . 7210. Repeal of nutrient management research and extension initiative Effective October 1, 2013, section 1672A of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5925a ) is repealed. 7211. Organic agriculture research and extension initiative Section 1672B of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5925b ) is amended— (1) by striking subsection (e) and inserting the following new subsection: (e) Farm business management encouraged Following the completion of a peer review process for grant proposals received under this section, the Secretary shall give a priority to grant proposals found in the review process to be scientifically meritorious using the same criteria the Secretary uses to give priority to grants under section 1672D(b). ; and (2) in subsection (f) — (A) in paragraph (1)— (i) in the heading of such paragraph, by striking 2012 and inserting 2018 ; (ii) in subparagraph (A), by striking and at the end; (iii) in subparagraph (B), by striking the period at the end and inserting ; and ; and (iv) by adding at the end the following new subparagraph: (C) $20,000,000 for each of fiscal years 2014 through 2018. ; and (B) in paragraph (2)— (i) in the heading of such paragraph, by striking 2012 and inserting 2018 ; and (ii) by striking 2012 and inserting 2018 . 7212. Repeal of agricultural bioenergy feedstock and energy efficiency research and extension initiative (a) Repeal Effective October 1, 2013, section 1672C of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5925e ) is repealed. (b) Conforming amendment Section 251(f)(1)(D) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6971(f)(1)(D) ) is amended— (1) by striking clause (xi); and (2) by redesignating clauses (xii) and (xiii) as clauses (xi) and (xii), respectively. 7213. Farm business management Section 1672D(d) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5925f(d) ) is amended by striking such sums as are necessary to carry out this section. and inserting the following: to carry out this section— (1) such sums as are necessary for fiscal year 2013; and (2) $5,000,000 for each of fiscal years 2014 through 2018. . 7214. Centers of excellence The Food, Agriculture, Conservation, and Trade Act of 1990 is amended by inserting after section 1672D ( 7 U.S.C. 5925f ) the following new section: 1673. Centers of excellence (a) Funding priorities The Secretary shall prioritize centers of excellence established for specific agricultural commodities for the receipt of funding for any competitive research or extension program administered by the Secretary. (b) Composition A center of excellence is composed of 1 or more of the eligible entities specified in subsection (b)(7) of the Competitive, Special, and Facilities Research Grant Act ( 7 U.S.C. 450i(b)(7) ) that provide financial or in-kind support to the center of excellence. (c) Criteria for centers of excellence (1) Required efforts The criteria for consideration to be recognized as a center of excellence shall include efforts— (A) to ensure coordination and cost effectiveness by reducing unnecessarily duplicative efforts regarding research, teaching, and extension; (B) to leverage available resources by using public/private partnerships among agricultural industry groups, institutions of higher education, and the Federal Government; (C) to implement teaching initiatives to increase awareness and effectively disseminate solutions to target audiences through extension activities; and (D) to increase the economic returns to rural communities by identifying, attracting, and directing funds to high-priority agricultural issues. (2) Additional efforts Where practicable, the criteria for consideration to be recognized as a center of excellence shall include efforts to improve teaching capacity and infrastructure at colleges and universities (including land-grant institutions, schools of forestry, schools of veterinary medicine, and NLGCA Institutions). . 7215. Repeal of red meat safety research center Effective October 1, 2013, section 1676 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5929 ) is repealed. 7216. Assistive technology program for farmers with disabilities Section 1680(c)(1) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5933(c)(1) ) is amended— (1) by striking is and inserting are ; and (2) by striking section and all that follows and inserting the following: section— (A) $6,000,000 for each of fiscal years 1999 through 2013; and (B) $3,000,000 for each of fiscal years 2014 through 2018. . 7217. National rural information center clearinghouse Section 2381(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 3125b(e) ) is amended by striking 2012 and inserting 2018 . C Agricultural Research, Extension, and Education Reform Act of 1998 7301. Relevance and merit of agricultural research, extension, and education funded by the Department Section 103(a)(2) of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7613(a)(2) ) is amended— (1) in the heading by striking Merit review of extension and inserting Relevance and merit review of research, extension, ; (2) in subparagraph (A)— (A) by inserting relevance and before merit ; and (B) by striking extension or education and inserting research, extension, or education ; and (3) in subparagraph (B), by inserting on a continuous basis after procedures . 7302. Integrated research, education, and extension competitive grants program Section 406(f) of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7626(f) ) is amended by striking 2012 and inserting 2018 . 7303. Repeal of coordinated program of research, extension, and education to improve viability of small and medium size dairy, livestock, and poultry operations (a) Repeal Effective October 1, 2013, section 407 of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7627 ) is repealed. (b) Conforming amendment Section 251(f)(1)(D) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6971(f)(1)(D) ), as amended by section 7212(b), is further amended— (1) by striking clause (xi) (as redesignated by section 7212(b)); and (2) by redesignating clause (xii) (as redesignated by section 7212(b)) as clause (xi). 7304. Fusarium Graminearum grants Section 408(e) of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7628(e) ) is amended to read as follows: (e) Authorization of appropriations There are authorized to be appropriated to carry out this section— (1) such sums as may be necessary for each of fiscal years 1999 through 2013; and (2) $7,500,000 for each of fiscal years 2014 through 2018. . 7305. Repeal of Bovine Johne's disease control program Effective October 1, 2013, section 409 of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7629 ) is repealed. 7306. Grants for youth organizations Section 410(d) of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7630(d) ) is amended by striking section such sums as are necessary and all that follows and inserting the following: section— (1) such sums as are necessary for each of fiscal years 2008 through 2013; and (2) $3,000,000 for each of fiscal years 2014 through 2018. . 7307. Specialty crop research initiative Section 412 of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7632 ) is amended— (1) in subsection (b)— (A) in paragraph (1), by striking and genomics and inserting genomics, and other methods ; and (B) in paragraph (3), by inserting handling and processing, after production efficiency, ; (2) by striking subsection (d) and inserting the following new subsection: (d) Research projects In carrying out this section, the Secretary shall award competitive grants on the basis of— (1) an initial scientific peer review conducted by a panel of subject matter experts from Federal agencies, non-Federal entities, and the specialty crop industry; and (2) a final funding determination made by the Secretary based on a review and ranking for merit, relevance, and impact conducted by a panel of specialty crop industry representatives for the specific specialty crop. ; and (3) in subsection (h)— (A) in paragraph (1)— (i) in the heading, by striking (1) Mandatory funding for fiscal years 2008 through 2012.— Of the funds and inserting the following: (1) Mandatory funding (A) Fiscal years 2008 through 2012 Of the funds ; and (ii) by adding at the end the following new subparagraph: (B) Subsequent funding Of the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out this section— (i) $50,000,000 for fiscal years 2014 and 2015; (ii) $55,000,000 for fiscal years 2016 and 2017; and (iii) $65,000,000 for fiscal year 2018 and each fiscal year thereafter. ; and (B) in paragraph (2), by striking 2012 and inserting 2018 . 7308. Food animal residue avoidance database program Section 604(e) of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7642(e) ) is amended by striking 2012 and inserting 2018 . 7309. Repeal of national swine research center Effective October 1, 2013, section 612 of the Agricultural Research, Extension, and Education Reform Act of 1998 ( Public Law 105–185 ; 112 Stat. 605) is repealed. 7310. Office of pest management policy Section 614(f) of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7653(f) ) is amended— (1) by striking such sums as are necessary ; and (2) by striking section and all that follows and inserting the following: section— (1) such sums as are necessary for each of fiscal years 1999 through 2013; and (2) $3,000,000 for each of fiscal years 2014 through 2018. . 7311. Repeal of studies of agricultural research, extension, and education Effective October 1, 2013, subtitle C of title VI of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7671 et seq. ) is repealed. D Other Laws 7401. Critical Agricultural Materials Act Section 16(a) of the Critical Agricultural Materials Act ( 7 U.S.C. 178n(a) ) is amended— (1) by striking such sums as are necessary ; and (2) by striking Act and all that follows and inserting the following: Act— (1) such sums as are necessary for each of fiscal years 1991 through 2013; and (2) $2,000,000 for each of fiscal years 2014 through 2018. . 7402. Equity in Educational Land-grant Status Act of 1994 (a) Definition of 1994 institutions Section 532 of the Equity in Educational Land-Grant Status Act of 1994 ( 7 U.S.C. 301 note; Public Law 103–382 ) is amended— (1) in paragraph (8), by striking Memorial ; (2) in paragraph (26), by striking Community ; (3) by striking paragraphs (5), (10), and (27); (4) by redesignating paragraphs (1), (2), (3), (4), (6), (7), (8), (9), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26), (28), (29), (30), (31), (32), (33), and (34) as paragraphs (2), (3), (4), (7), (8), (9), (5), (10), (15), (17), (18), (19), (20), (22), (23), (24), (25), (32), (26), (27), (28), (29), (30), (31), (33), (34), (35), and (14), respectively, and transferring the paragraphs so as to appear in numerical order; (5) by inserting before paragraph (2) (as so redesignated), the following new paragraph: (1) Aaniih Nakoda College. ; (6) by inserting after paragraph (5) (as so redesignated), the following new paragraph: (6) College of the Muscogee Nation. ; (7) by inserting after paragraph (15) (as so redesignated) the following new paragraph: (16) Keweenaw Bay Ojibwa Community College. ; and (8) by inserting after paragraph (20) (as so redesignated) the following new paragraph: (21) Navajo Technical College. . (b) Endowment for 1994 institutions Section 533(b) of the Equity in Educational Land-Grant Status Act of 1994 ( 7 U.S.C. 301 note; Public Law 103–382 ) is amended in the first sentence by striking 2012 and inserting 2018 . (c) Institutional Capacity Building Grants Section 535 of the Equity in Educational Land-Grant Status Act of 1994 ( 7 U.S.C. 301 note; Public Law 103–382 ) is amended by striking 2012 each place it appears in subsections (b)(1) and (c) and inserting 2018 . (d) Research grants (1) Authorization of appropriations Section 536(c) of the Equity in Educational Land-Grant Status Act of 1994 ( 7 U.S.C. 301 note; Public Law 103–382 ) is amended in the first sentence by striking 2012 and inserting 2018 . (2) Research grant requirements Section 536(b) of the Equity in Educational Land-Grant Status Act of 1994 ( 7 U.S.C. 301 note; Public Law 103–382 ) is amended by striking with at least 1 other land-grant college or university and all that follows and inserting the following: with— (1) the Agricultural Research Service of the Department of Agriculture; or (2) at least 1— (A) other land-grant college or university (exclusive of another 1994 Institution); (B) non-land-grant college of agriculture (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3103 )); or (C) cooperating forestry school (as defined in that section). . 7403. Research Facilities Act Section 6(a) of the Research Facilities Act ( 7 U.S.C. 390d(a) ) is amended by striking 2012 and inserting 2018 . 7404. Repeal of carbon cycle research Effective October 1, 2013, section 221 of the Agricultural Risk Protection Act of 2000 ( 7 U.S.C. 6711 ) is repealed. 7405. Competitive, Special, and Facilities Research Grant Act (a) Extension Subsection (b)(11)(A) of the Competitive, Special, and Facilities Research Grant Act ( 7 U.S.C. 450i(b)(11)(A) ) is amended in the matter preceding clause (i) by striking 2012 and inserting 2018 . (b) Priority areas Subsection (b)(2) of the Competitive, Special, and Facilities Research Grant Act ( 7 U.S.C. 450i(b)(2) ) is amended— (1) in subparagraph (A)— (A) in clause (vi), by striking and at the end; (B) in clause (vii), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new clause: (viii) plant-based foods that are major sources of nutrients of concern (as determined by the Secretary). ; (2) in subparagraph (B)— (A) in clause (vii), by striking and at the end; (B) in clause (viii), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following new clauses: (ix) the research and development of surveillance methods, vaccines, vaccination delivery systems, or diagnostic tests for pests and diseases (especially zoonotic diseases) in wildlife reservoirs presenting a potential concern to public health or domestic livestock and pests and diseases in minor species (including deer, elk, and bison); and (x) the identification of animal drug needs and the generation and dissemination of data for safe and effective therapeutic applications of animal drugs for minor species and minor uses of such drugs in major species. ; (3) in subparagraph (C)— (A) in clause (ii), by inserting before the semicolon , including the effects of plant-based foods that are major sources of nutrients of concern on diet and health ; (B) in clause (iii), by inserting before the semicolon , including plant-based foods that are major sources of nutrients of concern ; (C) in clause (iv), by inserting before the semicolon , including postharvest practices conducted with respect to plant-based foods that are major sources of nutrients of concern ; and (D) in clause (v), by inserting before the period , including improving the functionality of plant-based foods that are major sources of nutrients of concern ; (4) in subparagraph (D)— (A) by redesignating clauses (iv), (v), and (vi) as clauses (v), (vi), and (vii), respectively; and (B) by inserting after clause (iii) the following new clause: (iv) the effectiveness of conservation practices and technologies designed to address nutrient losses and improve water quality; ; and (5) in subparagraph (F)— (A) in the matter preceding clause (i), by inserting economics, after trade, ; (B) by redesignating clauses (v) and (vi) as clauses (vi) and (vii), respectively; and (C) by inserting after clause (iv) the following new clause: (v) the economic costs, benefits, and viability of producers adopting conservation practices and technologies designed to improve water quality; . (c) General administration Subsection (b)(4) of the Competitive, Special, and Facilities Research Grant Act ( 7 U.S.C. 450i(b)(4) ) is amended— (1) in subparagraph (D), by striking and at the end; (2) in subparagraph (E), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new subparagraph: (F) establish procedures under which a commodity board established under a commodity promotion law (as such term is defined under section 501(a) of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7401(a) )) or a State commodity board (or other equivalent State entity) may directly submit to the Secretary proposals for requests for applications to specifically address particular issues related to the priority areas specified in paragraph (2). . (d) Special considerations Subsection (b)(6) of the Competitive, Special, and Facilities Research Grant Act ( 7 U.S.C. 450i(b)(6) ) is amended— (1) in subparagraph (C), by striking and at the end; (2) in subparagraph (D), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new subparagraph: (E) to eligible entities to carry out the specific research proposals submitted under procedures established under paragraph (4)(F). . (e) Eligible entities Subsection (b)(7)(G) of the Competitive, Special, and Facilities Research Grant Act ( 7 U.S.C. 450i(b)(7)(G) ) is amended by striking or corporations and inserting , foundations, or corporations . (f) Inter-Regional Research Project Number 4 Subsection (e) of the Competitive, Special, and Facilities Research Grant Act ( 7 U.S.C. 450i(e) ) is amended— (1) in paragraph (1)(A), by striking minor use pesticides and inserting pesticides for minor agricultural use and for use on specialty crops (as defined in section 3 of the Specialty Crop Competitiveness Act of 2004 ( 7 U.S.C. 1621 note) ; and (2) in paragraph (4)— (A) in subparagraph (A), by inserting and for use on specialty crops after minor agricultural use ; (B) in subparagraph (B), by striking and at the end; (C) by redesignating subparagraph (C) as subparagraph (G); and (D) by inserting after subparagraph (B) the following new subparagraphs: (C) prioritize potential pest management technology for minor agricultural use and for use on specialty crops; (D) conduct research to develop the data necessary to facilitate pesticide registrations, reregistrations, and associated tolerances; (E) assist in removing trade barriers caused by residues of pesticides registered for minor agricultural use and for use on domestically grown specialty crops; (F) assist in the registration and reregistration of pest management technologies for minor agricultural use and for use on specialty crops; and . (g) Emphasis on sustainable agriculture The Competitive, Special, and Facilities Research Grant Act ( 7 U.S.C. 450i ) is amended by striking subsection (k). 7406. Renewable Resources Extension Act of 1978 (a) Authorization of appropriations Section 6 of the Renewable Resources Extension Act of 1978 ( 16 U.S.C. 1675 ) is amended in the first sentence by striking 2012 and inserting 2018 . (b) Termination date Section 8 of the Renewable Resources Extension Act of 1978 ( 16 U.S.C. 1671 note; Public Law 95–306 ) is amended by striking 2012 and inserting 2018 . 7407. National Aquaculture Act of 1980 Section 10 of the National Aquaculture Act of 1980 ( 16 U.S.C. 2809 ) is amended by striking 2012 each place it appears and inserting 2018 . 7408. Repeal of use of remote sensing data Effective October 1, 2013, section 892 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 5935 ) is repealed. 7409. Repeal of reports under Farm Security and Rural Investment Act of 2002 (a) Repeal of report on producers and handlers for organic products Effective October 1, 2013, section 7409 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 5925b note; Public Law 107–171 ) is repealed. (b) Repeal of report on genetically modified pest-Protected plants Effective October 1, 2013, section 7410 of the Farm Security and Rural Investment Act of 2002 ( Public Law 107–171 ; 116 Stat. 462) is repealed. (c) Repeal of study on nutrient banking Effective October 1, 2013, section 7411 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 5925a note; Public Law 107–171 ) is repealed. 7410. 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 new subparagraphs: (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 planning; (F) diversification and marketing strategies; (G) curriculum development; (H) mentoring, apprenticeships, and internships; (I) resources and referral; (J) farm financial benchmarking; (K) assisting beginning farmers or ranchers in acquiring land from retiring farmers and ranchers; (L) agricultural rehabilitation and vocational training for veterans; and (M) other similar subject areas of use to beginning farmers or ranchers. ; (B) in paragraph (7), by striking and community-based organizations and inserting , community-based organizations, and school-based agricultural educational organizations ; (C) by striking paragraph (8) and inserting the following new paragraph: (8) Military veteran beginning farmers and ranchers (A) In general Not less than 5 percent of the funds used to carry out this subsection for a fiscal year shall be used to support programs and services that address the needs of military veteran beginning farmers and ranchers. (B) Coordination permitted A recipient of a grant under this section using the grant as described in subparagraph (A) may coordinate with a recipient of a grant under section 1680 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5933 ) in addressing the needs of military veteran beginning farmers and ranchers with disabilities. ; and (D) by adding at the end the following new paragraph: (11) Limitation on indirect costs A recipient of a grant under this section may not use more than 10 percent of the funds provided by the grant for the indirect costs of carrying out the initiatives described in paragraph (1). ; (2) in subsection (h)(1)— (A) in the heading of such paragraph, by striking 2012 and inserting 2018 ; (B) in subparagraph (A), by striking and at the end; (C) in subparagraph (B), by striking the period at the end and inserting ; and ; and (D) by adding at the end the following new subparagraph: (C) $20,000,000 for each of fiscal years 2014 through 2018, to remain available until expended. ; and (3) in subsection (h)(2)— (A) in the heading of such paragraph, by striking 2012 and inserting 2018 ; and (B) by striking 2012 and inserting 2018 . 7411. Inclusion of Northern Mariana Islands as a State under McIntire-Stennis Cooperative Forestry Act Section 8 of Public Law 87–788 (commonly known as the McIntire-Stennis Cooperative Forestry Act; 16 U.S.C. 582a–7 ) is amended by striking and Guam and inserting Guam, and the Commonwealth of the Northern Mariana Islands . E Food, Conservation, and Energy Act of 2008 1 Agricultural Security 7501. Agricultural biosecurity communication center Section 14112(c) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8912(c) ) is amended to read as follows: (c) Authorization of appropriations There are authorized to be appropriated to carry out this section— (1) such sums as are necessary for each of fiscal years 2008 through 2013; and (2) $2,000,000 for each of fiscal years 2014 through 2018. . 7502. Assistance to build local capacity in agricultural biosecurity planning, preparation, and response Section 14113 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8913 ) is amended— (1) in subsection (a)(2)— (A) by striking such sums as may be necessary ; and (B) by striking subsection and all that follows and inserting the following: subsection— (1) such sums as are necessary for each of fiscal years 2008 through 2013; and (2) $15,000,000 for each of fiscal years 2014 through 2018. ; and (2) in subsection (b)(2), by striking is authorized to be appropriated to carry out this subsection and all that follows and inserting the following: are authorized to be appropriated to carry out this subsection— (1) $25,000,000 for each of fiscal years 2008 through 2013; and (2) $15,000,000 for each of fiscal years 2014 through 2018. . 7503. Research and development of agricultural countermeasures Section 14121(b) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8921(b) ) is amended by striking is authorized to be appropriated to carry out this section and all that follows and inserting the following: are authorized to be appropriated to carry out this section— (1) $50,000,000 for each of fiscal years 2008 through 2013; and (2) $15,000,000 for each of fiscal years 2014 through 2018. . 7504. Agricultural biosecurity grant program Section 14122(e) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8922(e) ) is amended— (1) by striking sums as are necessary ; and (2) by striking section and all that follows and inserting the following: section— (1) such sums as are necessary for each of fiscal years 2008 through 2013, to remain available until expended; and (2) $5,000,000 for each of fiscal years 2014 through 2018, to remain available until expended. . 2 Miscellaneous 7511. Enhanced use lease authority pilot program Section 308 of the Federal Crop Insurance Reform and Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 3125a ) is amended— (1) in subsection (b)(6)(A), by striking 5 years and inserting 10 years ; and (2) in subsection (d)(2), by striking 1, 3, and 5 years and inserting 6, 8, and 10 years . 7512. Grazinglands research laboratory Section 7502 of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 ; 122 Stat. 2019) is amended by striking 5-year period and inserting 10-year period . 7513. Budget submission and funding Section 7506 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 7614c ) is amended— (1) by striking subsection (a) and inserting the following new subsection: (a) Definitions In this section: (1) Covered program The term covered program means— (A) each research program carried out by the Agricultural Research Service or the Economic Research Service for which annual appropriations are requested in the annual budget submission of the President; and (B) each competitive program carried out by the National Institute of Food and Agriculture for which annual appropriations are requested in the annual budget submission of the President. (2) Request for awards The term request for awards means a funding announcement published by the National Institute of Food and Agriculture that provides detailed information on funding opportunities at the Institute, including the purpose, eligibility, restriction, focus areas, evaluation criteria, regulatory information, and instructions on how to apply for such opportunities. ; and (2) by adding at the end the following new subsections: (e) Additional Presidential budget submission requirement (1) In general Each year, the President shall submit to Congress, together with the annual budget submission of the President, the information described in paragraph (2) for each funding request for a covered program. (2) Information described The information described in this paragraph includes— (A) baseline information, including with respect to each covered program— (i) the funding level for the program for the fiscal year preceding the year the annual budget submission of the President is submitted; (ii) the funding level requested in the annual budget submission of the President, including any increase or decrease in the funding level; and (iii) an explanation justifying any change from the funding level specified in clause (i) to the level specified in clause (ii); (B) with respect to each covered program that is carried out by the Economic Research Service or the Agricultural Research Service, the location and staff years of the program; (C) the proposed funding levels to be allocated to, and the expected publication date, scope, and allocation level for, each request for awards to be published under or associated with— (i) each priority area specified in subsection (b)(2) of the Competitive, Special, and Facilities Research Grant Act ( 7 U.S.C. 450i(b)(2) ); (ii) each research and extension project carried out under section 1621(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5811(a) ); (iii) each grant to be awarded under section 1672B(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5925b(a) ); (iv) each grant awarded under section 412(d) of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7632(d) ); and (v) each grant awarded under 7405(c)(1) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 3319f(c)(1) ); or (D) any other information the Secretary determines will increase congressional oversight with respect to covered programs. (3) Prohibition Unless the President submits the information described in paragraph (2)(C) for a fiscal year, the President may not carry out any program during the fiscal year that is authorized under— (A) subsection (b) of the Competitive, Special, and Facilities Research Grant Act ( 7 U.S.C. 450i(b) ); (B) section 1621 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5811 ); (C) section 1672B of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5925b ); (D) section 412 of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7632 ); or (E) section 7405 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 3319f ). (f) Report of the Secretary of Agriculture Each year on a date that is not later than the date on which the President submits the annual budget, the Secretary shall submit to Congress a report containing a description of the agricultural research, extension, and education activities carried out by the Federal Government during the fiscal year that immediately precedes the year for which the report is submitted, including— (1) a review of the extent to which those activities— (A) are duplicative or overlap within the Department of Agriculture; or (B) are similar to activities carried out by— (i) other Federal agencies; (ii) the States (including the District of Columbia, the Commonwealth of Puerto Rico and other territories or possessions of the United States); (iii) institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )); or (iv) the private sector; and (2) for each report submitted under this section on or after January 1, 2013, a 5-year projection of national priorities with respect to agricultural research, extension, and education, taking into account domestic needs. . 7514. Repeal of research and education grants for the study of antibiotic-resistant bacteria Effective October 1, 2013, section 7521 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 3202 ) is repealed. 7515. Repeal of farm and ranch stress assistance network Effective October 1, 2013, section 7522 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 5936 ) is repealed. 7516. Repeal of seed distribution Effective October 1, 2013, section 7523 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 415–1 ) is repealed. 7517. Natural products research program Section 7525(e) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 5937(e) ) is amended to read as follows: (e) Authorization of appropriations There are authorized to be appropriated to carry out this section $7,000,000 for each of fiscal years 2014 through 2018. . 7518. Sun grant program (a) In general Section 7526 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8114 ) is amended— (1) in subsection (a)(4)(B), by striking the Department of Energy and inserting other appropriate Federal agencies (as determined by the Secretary) ; (2) in subsection (c)(1)— (A) in subparagraph (B), by striking multistate and all that follows through the period and inserting integrated, multistate research, extension, and education programs on technology development and technology implementation. ; (B) by striking subparagraph (C); and (C) by redesignating subparagraph (D) as subparagraph (C); (3) in subsection (d)— (A) in paragraph (1)— (i) by striking in accordance with paragraph (2) ; (ii) by striking gasification and inserting bioproducts ; and (iii) by striking the Department of Energy and inserting other appropriate Federal agencies ; (B) by striking paragraph (2); and (C) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and (4) in subsection (g), by striking 2012 and inserting 2018 . (b) Conforming amendments Section 7526(f)(1) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8114(f)(1) ) is amended by striking subsection (c)(1)(D)(i) and inserting subsection (c)(1)(C)(i) . 7519. Repeal of study and report on food deserts Effective October 1, 2013, section 7527 of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 ; 122 Stat. 2039) is repealed. 7520. Repeal of agricultural and rural transportation research and education Effective October 1, 2013, section 7529 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 5938 ) is repealed. F Miscellaneous provisions 7601. Agreements with nonprofit organizations for National Arboretum Section 6 of the Act of March 4, 1927 ( 20 U.S.C. 196 ), is amended— (1) in subsection (a), by striking paragraph (1) and inserting the following new paragraph: (1) negotiate agreements for the National Arboretum with nonprofit scientific or educational organizations, the interests of which are complementary to the mission of the National Arboretum, or nonprofit organizations that support the purpose of the National Arboretum, except that the net proceeds of the organizations from the agreements shall be used exclusively for research and educational work for the benefit of the National Arboretum and the operation and maintenance of the facilities of the National Arboretum, including enhancements, upgrades, restoration, and conservation; ; and (2) by adding at the end the following new subsection: (d) Recognition of donors A non-profit organization that entered into an agreement under subsection (a)(1) may recognize donors if that recognition is approved in advance by the Secretary. In considering whether to approve such recognition, the Secretary shall broadly exercise the discretion of the Secretary to the fullest extent allowed under Federal law in effect on the date of the enactment of this subsection. . 7602. Cotton Disease Research Report Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the fungus fusarium oxysporum f. sp. vasinfectum race 4 (referred to in this section as FOV Race 4 ) and the impact of such fungus on cotton, including— (1) an overview of the threat FOV Race 4 poses to the cotton industry in the United States; (2) the status and progress of Federal research initiatives to detect, contain, or eradicate FOV Race 4, including current FOV Race 4-specific research projects; and (3) a comprehensive strategy to combat FOV Race 4 that establishes— (A) detection and identification goals; (B) containment goals; (C) eradication goals; and (D) a plan to partner with the cotton industry in the United States to maximize resources, information sharing, and research responsiveness and effectiveness. 7603. Acceptance of facility for Agricultural Research Service (a) Construction authorized Subject to subsections (b) and (c), the Secretary of Agriculture may authorize a non-Federal entity to construct, at no cost and without obligation to the Federal Government, a facility for use by the Agricultural Research Service on land owned by the Agricultural Research Service and managed by the Secretary. (b) Acceptance of gift (1) In general Subject to paragraph (2), upon the completion of the construction of the facility by the non-Federal entity under subsection (a), the Secretary shall accept the facility as a gift in accordance with Public Law 95–442 ( 7 U.S.C. 2269 ). (2) Certification The Secretary, in consultation with the Director of the Office of Management and Budget, shall certify in advance that the acceptance under paragraph (1) complies with the limitations specified in paragraphs (1) and (2) of subsection (c). (c) Limitations (1) Value The Secretary may not accept a facility as a gift under this section if the fair market value of the facility is more than $5,000,000. (2) No Federal cost The Secretary shall not enter into any acquisitions, demonstrations, exchanges, grants, contracts, incentives, leases, procurements, sales, or other transaction authorities or arrangements that would obligate future appropriations with respect to the facility constructed under subsection (a). (d) Termination of authority No facility may be accepted by the Secretary for use by the Agricultural Research Service under this section after September 30, 2018. 7604. Miscellaneous technical corrections Sections 7408 and 7409 of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 ; 122 Stat. 2013) are both amended by striking Title III of the Department of Agriculture Reorganization Act of 1994 and inserting Title III of the Federal Crop Insurance Reform and Department of Agriculture Reorganization Act of 1994 . VIII Forestry A Repeal of Certain Forestry Programs 8001. Forest land enhancement program (a) Repeal Section 4 of the Cooperative Forestry Assistance Act of 1978 ( 16 U.S.C. 2103 ) is repealed. (b) Conforming amendment Section 8002 of the Farm Security and Rural Investment Act of 2002 ( Public Law 107–171 ; 16 U.S.C. 2103 note) is amended by striking subsection (a). (c) Effective date The amendments made by this section shall take effect on October 1, 2013. 8002. Watershed forestry assistance program (a) Repeal Section 6 of the Cooperative Forestry Assistance Act of 1978 ( 16 U.S.C. 2103b ) is repealed. (b) Effective date The amendment made by this section shall take effect on October 1, 2013. 8003. Expired cooperative national forest products marketing program Section 18 of the Cooperative Forestry Assistance Act of 1978 ( 16 U.S.C. 2112 ) is repealed. 8004. Hispanic-serving institution agricultural land national resources leadership program (a) Repeal Section 8402 of the Food, Conservation, and Energy Act of 2008 ( 16 U.S.C. 1649a ) is repealed. (b) Effective date The amendment made by this section shall take effect on October 1, 2013. 8005. Tribal watershed forestry assistance program (a) Repeal Section 303 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6542 ) is repealed. (b) Effective date The amendment made by this section shall take effect on October 1, 2013. 8006. Separate Forest Service decisionmaking and appeals process Section 322 of the Department of the Interior and Related Agencies Appropriations Act, 1993 ( Public Law 102–381 ; 16 U.S.C. 1612 note) is repealed. Section 428 of division E of the Consolidated Appropriations Act, 2012 ( Public Law 112–74 ; 125 Stat. 1046; 16 U.S.C. 6515 note) shall not apply to any project or activity implementing a land and resource management plan developed under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604 ) that is categorically excluded from documentation in an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). B Reauthorization of Cooperative Forestry Assistance Act of 1978 Programs 8101. State-wide assessment and strategies for forest resources Section 2A(c) of the Cooperative Forestry Assistance Act of 1978 ( 16 U.S.C. 2101a(c) ) is amended— (1) in paragraph (4), by striking and ; (2) by redesignating paragraph (5) as paragraph (6); and (3) by inserting after paragraph (4) the following new paragraph: (5) as feasible, appropriate military installations where the voluntary participation and management of private or State-owned or other public forestland is able to support, promote, and contribute to the missions of such installations; and . 8102. Forest Legacy Program Subsection (m) of section 7 of the Cooperative Forestry Assistance Act of 1978 ( 16 U.S.C. 2103c ) is amended to read as follows: (m) Authorization of appropriations To carry out this section, there are authorized to be appropriated— (1) such sums as are necessary for fiscal year 2013; and (2) $55,000,000 for each of fiscal years 2014 through 2018. . 8103. Community forest and open space conservation program Subsection (g) of section 7A of the Cooperative Forestry Assistance Act of 1978 ( 16 U.S.C. 2103d ) is amended to read as follows: (g) Authorization of appropriations To carry out this section, there are authorized to be appropriated— (1) such sums as are necessary for fiscal year 2013; and (2) $1,500,000 for each of fiscal years 2014 through 2018. . C Reauthorization of Other Forestry-Related Laws 8201. Rural revitalization technologies Section 2371(d)(2) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 6601(d)(2) ) is amended by striking 2012 and inserting 2018 . 8202. Office of International Forestry Subsection (d) of section 2405 of the Global Climate Change Prevention Act of 1990 ( 7 U.S.C. 6704 ) is amended to read as follows: (d) Authorization of appropriations To carry out this section, there are authorized to be appropriated— (1) such sums as are necessary for each of fiscal years 1996 through 2013; and (2) $6,000,000 for each of fiscal years 2014 through 2018. . 8203. Change in funding source for healthy forests reserve program Section 508 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6578 ) is amended— (1) in subsection (a), by striking In general and inserting Fiscal years 2009 through 2013 ; (2) by redesignating subsection (b) as subsection (d); and (3) by inserting after subsection (a) the following new subsections: (b) Fiscal years 2014 through 2018 There is authorized to be appropriated to the Secretary of Agriculture to carry out this section $9,750,000 for each of fiscal years 2014 through 2018. (c) Additional source of funds In addition to funds appropriated pursuant to the authorization of appropriations in subsection (b) for a fiscal year, the Secretary may use such amount of the funds appropriated for that fiscal year to carry out the Soil Conservation and Domestic Allotment Act ( 16 U.S.C. 590a et seq. ) as the Secretary determines necessary to cover the cost of technical assistance, management, and enforcement responsibilities for land enrolled in the healthy forests reserve program pursuant to subsections (a) and (b) of section 504. . 8204. Stewardship end result contracting project authority Section 347 of the Department of the Interior and Related Agencies Appropriations Act, 1999 (as contained in section 101(e) of division A of Public Law 105–277 ; 16 U.S.C. 2104 note) is amended— (1) in subsection (a), by striking 2013 and inserting 2018 ; and (2) in subsection (c), by adding at the end the following new paragraph: (6) Contract for sale of property At the discretion of the Secretary of Agriculture, a contract entered into by the Forest Service under this section may be considered a contract for the sale of property under such terms as the Secretary may prescribe without regard to any other provision of law. . D National Forest Critical Area Response 8301. Definitions In this title: (1) Critical area The term critical area means an area of the National Forest System designated by the Secretary under section 8302 (2) National forest system The term National Forest System has the meaning given that term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1609(a) ). (3) Secretary The term Secretary means the Secretary of Agriculture. 8302. Designation of critical areas (a) Designation requirements The Secretary of Agriculture shall designate critical areas within the National Forest System for the purposes of addressing— (1) deteriorating forest health conditions in existence as of the date of the enactment of this Act due to insect infestation, drought, disease, or storm damage; and (2) the future risk of insect infestations or disease outbreaks through preventative treatments. (b) Designation method In considering National Forest System land for designation as a critical area, the Secretary shall use— (1) for purposes of subsection (a)(1), the most recent annual forest health aerial surveys of mortality and defoliation; and (2) for purposes of subsection (a)(2), the National Insect and Disease Risk Map. (c) Time for initial designations The first critical areas shall be designated by the Secretary not later than 60 days after the date of the enactment of this Act. (d) Duration of designation The designation of a critical area shall expire not later than 10 years after the date of the designation. 8303. Application of expedited procedures and activities of the Healthy Forests Restoration Act of 2003 to critical areas (a) Applicability Subject to subsections (b) through (e), title I of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 et seq. ) (including the environmental analysis requirements of section 104 of that Act ( 16 U.S.C. 6514 ), the special administrative review process under section 105 of that Act ( 16 U.S.C. 6515 ), and the judicial review process under section 106 of that Act ( 16 U.S.C. 6516 )), shall apply to all Forest Service projects and activities carried out in a critical area. (b) Application of other law Section 322 of Public Law 102–381 ( 16 U.S.C. 1612 note; 106 Stat. 1419) shall not apply to projects conducted in accordance with this section. (c) Required modifications In applying title I of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 et seq. ) to Forest Service projects and activities in a critical area, the Secretary shall make the following modifications: (1) The authority shall apply to the entire critical area, including land that is outside of a wildland-urban interface area or that does not satisfy any of the other eligibility criteria specified in section 102(a) of that Act ( 16 U.S.C. 6512(a) ). (2) All projects and activities of the Forest Service, including necessary connected actions (as described in section 1508.25(a)(1) of title 40, Code of Federal Regulations (or a successor regulation)), shall be considered to be authorized hazardous fuel reduction projects for purposes of applying the title. (d) Smaller projects (1) In general Except as provided in paragraph (2), a project conducted in a critical area in accordance with this section that comprises less than 10,000 acres shall be— (A) considered an action categorically excluded from the requirements for an environmental assessment or an environmental impact statement under section 1508.4 of title 40, Code of Federal Regulations (or a successor regulation); and (B) exempt from the special administrative review process under section 105 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6515 ). (2) Exclusion of certain areas Paragraph (1) does not apply to— (A) a component of the National Wilderness Preservation System; (B) any Federal land on which, by Act of Congress or Presidential proclamation, the removal of vegetation is restricted or prohibited; (C) a congressionally designated wilderness study area; or (D) an area in which activities under paragraph (1) would be inconsistent with the applicable land and resource management plan. (e) Forest Management Plans All projects and activities carried out in a critical area pursuant to this subtitle shall be consistent with the land and resource management plan established under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604 ) for the unit of the National Forest System containing the critical area. 8304. Good neighbor authority (a) Definitions In this section: (1) Eligible State The term eligible State means a State that contains National Forest System land. (2) Secretary The term Secretary means the Secretary of Agriculture. (3) State forester The term State forester means the head of a State agency with jurisdiction over State forestry programs in an eligible State. (b) Cooperative agreements and contracts (1) In general The Secretary may enter into a cooperative agreement or contract (including a sole source contract) with a State forester to authorize the State forester to provide the forest, rangeland, and watershed restoration and protection services described in paragraph (2) on National Forest System land in the eligible State. (2) Authorized services The forest, rangeland, and watershed restoration and protection services referred to in paragraph (1) include the conduct of— (A) activities to treat insect infected trees; (B) activities to reduce hazardous fuels; and (C) any other activities to restore or improve forest, rangeland, and watershed health, including fish and wildlife habitat. (3) State as agent Except as provided in paragraph (6), a cooperative agreement or contract entered into under paragraph (1) may authorize the State forester to serve as the agent for the Secretary in providing the restoration and protection services authorized under that paragraph. (4) Subcontracts In accordance with applicable contract procedures for the eligible State, a State forester may enter into subcontracts to provide the restoration and protection services authorized under a cooperative agreement or contract entered into under paragraph (1). (5) Timber sales Subsections (d) and (g) of section 14 of the National Forest Management Act of 1976 ( 16 U.S.C. 472a ) shall not apply to services performed under a cooperative agreement or contract entered into under paragraph (1). (6) Retention of NEPA responsibilities Any decision required to be made under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) with respect to any restoration and protection services to be provided under this section by a State forester on National Forest System land shall not be delegated to a State forester or any other officer or employee of the eligible State. (7) Applicable law The restoration and protection services to be provided under this section shall be carried out on a project-to-project basis under existing authorities of the Forest Service. E Miscellaneous Provisions 8401. Revision of strategic plan for forest inventory and analysis (a) Revision required Not later than 180 days after the date of the enactment of this Act, the Secretary of Agriculture shall revise the strategic plan for forest inventory and analysis initially prepared pursuant to section 3(e) of the Forest and Rangeland Renewable Resources Research Act of 1978 ( 16 U.S.C. 1642(e) ) to address the requirements imposed by subsection (b). (b) Elements of revised strategic plan In revising the strategic plan, the Secretary of Agriculture shall describe in detail the organization, procedures, and funding needed to achieve each of the following: (1) Complete the transition to a fully annualized forest inventory program and include inventory and analysis of interior Alaska. (2) Implement an annualized inventory of trees in urban settings, including the status and trends of trees and forests, and assessments of their ecosystem services, values, health, and risk to pests and diseases. (3) Report information on renewable biomass supplies and carbon stocks at the local, State, regional, and national level, including by ownership type. (4) Engage State foresters and other users of information from the forest inventory and analysis in reevaluating the list of core data variables collected on forest inventory and analysis plots with an emphasis on demonstrated need. (5) Improve the timeliness of the timber product output program and accessibility of the annualized information on that database. (6) Foster greater cooperation among the forest inventory and analysis program, research station leaders, and State foresters and other users of information from the forest inventory and analysis. (7) Promote availability of and access to non-Federal resources to improve information analysis and information management. (8) Collaborate with the Natural Resources Conservation Service, National Aeronautics and Space Administration, National Oceanic and Atmospheric Administration, and United States Geological Survey to integrate remote sensing, spatial analysis techniques, and other new technologies in the forest inventory and analysis program. (9) Understand and report on changes in land cover and use. (10) Expand existing programs to promote sustainable forest stewardship through increased understanding, in partnership with other Federal agencies, of the over 10 million family forest owners, their demographics, and the barriers to forest stewardship. (11) Implement procedures to improve the statistical precision of estimates at the sub-State level. (c) Submission of revised strategic plan The Secretary of Agriculture shall submit the revised strategic plan to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. 8402. Forest Service participation in ACES Program The Secretary of Agriculture, acting through the Chief of the Forest Service, may use funds derived from conservation-related programs executed on National Forest System lands to utilize the Agriculture Conservation Experienced Services Program established pursuant to section 1252 of the Food Security Act of 1985 ( 16 U.S.C. 3851 ) to provide technical services for conservation-related programs and authorities carried out by the Secretary on National Forest System lands. IX Energy 9001. Definition of renewable energy system Section 9001 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8101 ) is amended by— (1) striking paragraph (4) and inserting the following new paragraph: (4) Biobased product (A) In general The term biobased product means a product determined by the Secretary to be a commercial or industrial product (other than food or feed) that is— (i) composed, in whole or in significant part, of biological products, including renewable domestic agricultural materials and forestry materials; or (ii) an intermediate ingredient or feedstock. (B) Inclusion The term biobased product , with respect to forestry materials, includes forest products that meet biobased content requirements, notwithstanding the market share the product holds, the age of the product, or whether the market for the product is new or emerging. ; (2) redesignating paragraphs (9), (10), (11), (12), (13), and (14) as paragraphs (10), (11), (12), (13), (14), and (16); (3) inserting after paragraph (8), the following new paragraph: (9) Forest product (A) In general The term forest product means a product made from materials derived from the practice of forestry or the management of growing timber. (B) Inclusions The term forest product includes— (i) pulp, paper, paperboard, pellets, lumber, and other wood products; and (ii) any recycled products derived from forest materials. ; and (4) inserting after paragraph (14) (as so redesignated), the following new paragraph: (15) Renewable energy system (A) In general Subject to subparagraph (B), the term renewable energy system means a system that— (i) produces usable energy from a renewable energy source; and (ii) may include distribution components necessary to move energy produced by such system to the initial point of sale. (B) Limitation A system described in subparagraph (A) may not include a mechanism for dispensing energy at retail. . 9002. Biobased markets program Section 9002(h) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8102(h) ) is amended by— (1) striking (h) Funding.— and all that follows through to carry out this section, there and inserting (h) Funding.— There ; and (2) striking 2013 and inserting 2018 . 9003. Biorefinery Assistance (a) Program adjustments Section 9003 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8103 ) is amended— (1) in subsection (c), by striking to eligible entities and all that follows through guarantees for loans and inserting to eligible entities guarantees for loans ; (2) by striking subsection (d); (3) by redesignating subsections (e), (f), (g), and (h) as subsections (d), (e), (f), and (g), respectively; and (4) in subsection (d) (as so redesignated)— (A) by striking subsection (c)(2) each place it appears and inserting subsection (c) ; and (B) in paragraph (2)(C), by striking subsection (h) and inserting subsection (g) . (b) Funding Section 9003(g) of the Farm Security and Rural Investment Act of 2002, as redesignated by subsection (a)(3), is amended— (1) by striking paragraph (1); (2) by redesignating paragraph (2) as paragraph (1); (3) in paragraph (1) (as so redesignated)— (A) in the heading, by striking Discretionary funding and inserting Fiscal years 2009 through 2013 ; and (B) by striking In addition to any other funds made available to carry out this section, there and inserting There ; and (4) by adding at the end the following new paragraph: (2) Fiscal years 2014 through 2018 There are authorized to be appropriated to carry out this section $75,000,000 for each of fiscal years 2014 through 2018. . 9004. Repowering assistance program Section 9004(d) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8104(d) ) is amended— (1) by striking paragraph (1); (2) by redesignating paragraph (2) as paragraph (1); (3) in paragraph (1) (as so redesignated)— (A) in the heading, by striking Discretionary funding and inserting Fiscal years 2009 through 2013 ; and (B) by striking In addition to any other funds made available to carry out this section, there and inserting There ; and (4) by adding at the end the following new paragraph: (2) Fiscal years 2014 through 2018 There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2014 through 2018. . 9005. Bioenergy Program for Advanced Biofuels Section 9005(g) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8105(c) ) is amended— (1) by striking paragraph (1); (2) by redesignating paragraph (2) as paragraph (1); (3) in paragraph (1) (as so redesignated)— (A) in the heading, by striking Discretionary funding and inserting Fiscal years 2009 through 2013 ; and (B) by striking In addition to any other funds made available to carry out this section, there and inserting There ; and (4) by inserting after paragraph (1) (as so redesignated) the following new paragraph: (2) Fiscal years 2014 through 2018 There are authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2014 through 2018. . 9006. Biodiesel Fuel Education Program Section 9006(d) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8106(d) ) is amended— (1) by striking paragraph (1); (2) by redesignating paragraph (2) as paragraph (1); (3) in the heading of paragraph (1) (as so redesignated), by striking Authorization of appropriations and inserting Fiscal year 2013 ; and (4) by adding at the end the following new paragraph: (2) Fiscal years 2014 through 2018 There are authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 2014 through 2018. . 9007. Rural Energy for America Program (a) Program adjustments (1) Repeal of feasibility studies Section 9007(c) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8107(c) ) is amended by striking paragraph (3). (2) Tiered application process Section 9007(c) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8107(c) ) is further amended by— (A) redesignating paragraph (2) as paragraph (3); and (B) by inserting after paragraph (1) the following new paragraph: (2) Tiered application process In carrying out this subsection, the Secretary shall establish a three-tiered application, evaluation, and oversight process that varies based on the cost of the proposed project with the process most simplified for projects referred to in subparagraph (A), more comprehensive for projects referred to in subparagraph (B), and most comprehensive for projects referred to in subparagraph (C). The three tiers for such process shall be as follows: (A) Tier 1 Projects for which the cost of the project funded under this subsection is not more than $80,000. (B) Tier 2 Projects for which the cost of the project funded under this subsection is more than $80,000 but less than $200,000. (C) Tier 3 Projects for which the cost of the project funded under this subsection is $200,000 or more. . (b) Funding Section 9007(g) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8107(g) ) is amended— (1) by striking paragraphs (1) and (2); (2) by redesignating paragraph (3) as paragraph (1); (3) in paragraph (1) (as so redesignated)— (A) in the heading, by striking Discretionary funding and inserting Fiscal years 2009 through 2013 ; and (B) by striking In addition to any other funds made available to carry out this section, there and inserting There ; and (4) by adding at the end the following new paragraph: (2) Fiscal years 2014 through 2018 There are authorized to be appropriated to carry out this section $45,000,000 for each of fiscal years 2014 through 2018. . 9008. Biomass Research and Development Section 9008(h) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8108(h) ) is amended— (1) by striking paragraph (1); (2) by redesignating paragraph (2) as paragraph (1); (3) in paragraph (1) (as so redesignated)— (A) in the heading, by striking Discretionary funding and inserting Fiscal years 2009 through 2013 ; and (B) by striking In addition to any other funds made available to carry out this section, there and inserting There ; and (4) by adding at the end the following new paragraph: (2) Fiscal years 2014 through 2018 There are authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2014 through 2018. . 9009. Feedstock Flexibility Program for Bioenergy Producers Section 9010(b) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8110(b) ) is amended— (1) in paragraph (1)(A), by striking 2013 and inserting 2018 ; and (2) in paragraph (2)(A), by striking 2013 and inserting 2018 . 9010. Biomass Crop Assistance Program Section 9011 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8111 ) is amended— (1) in subsection (a)— (A) by striking paragraph (6); and (B) by redesignating paragraphs (7) and (8) as paragraphs (6) and (7), respectively; (2) in subsection (b)— (A) by striking Program to and all that follows through support the establishment and inserting Program to support the establishment ; (B) by striking ; and and inserting a period; and (C) by striking paragraph (2); (3) in subsection (c)— (A) in paragraph (2)(B)— (i) in clause (viii), by striking ; and and inserting a semicolon; (ii) by redesignating clause (ix) as clause (x); and (iii) by inserting after clause (viii) the following new clause: (ix) existing project areas that have received funding under this section and the continuation of funding of such project areas to advance the maturity of such project areas; and ; and (B) in paragraph (5)(C)(ii)— (i) by striking subclause (III); and (ii) by redesignating subclauses (IV) and (V) as subclauses (III) and (IV), respectively; (4) by striking subsection (d); (5) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively; and (6) in subsection (e) (as so redesignated)— (A) by striking paragraph (1); (B) by redesignating paragraph (2) as paragraph (1); (C) in paragraph (1) (as so redesignated)— (i) by striking Fiscal year 2013 and all that follows through There is authorized and inserting Fiscal year 2013 .— There is authorized ; and (ii) by redesignating subparagraph (B) as paragraph (3) and moving the margin of such paragraph (as so redesignated) two ems to the left; (D) by inserting after paragraph (1), the following new paragraph: (2) Fiscal years 2014 through 2018 There are authorized to be appropriated to carry out this section $75,000,000 for each of fiscal years 2014 through 2018. ; and (E) in paragraph (3) (as redesignated by subparagraph (C)(ii) of this paragraph), by striking this paragraph and inserting this subsection . 9011. Community wood energy program Section 9013(e) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8113(e) ) is amended by striking carry out this section and all that follows and inserting the following: carry out this section— (1) $5,000,000 for each of fiscal years 2009 through 2013; and (2) $2,000,000 for each of fiscal years 2014 through 2018. . 9012. Repeal of biofuels infrastructure study Section 9002 of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 ; 122 Stat. 2095) is repealed. 9013. Repeal of renewable fertilizer study Section 9003 of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 ; 122 Stat. 2096) is repealed. X Horticulture 10001. Specialty crops market news allocation Section 10107(b) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 1622b(b) ) is amended by striking 2012 and inserting 2018 . 10002. Repeal of grant program to improve movement of specialty crops Effective October 1, 2013, section 10403 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 1622c ) is repealed. 10003. Farmers market and local food promotion program Section 6 of the Farmer-to-Consumer Direct Marketing Act of 1976 ( 7 U.S.C. 3005 ) is amended— (1) in the heading of such section, by inserting and Local Food after Farmers’ Market ; (2) in subsection (a)— (A) by inserting and Local Food after Farmers’ Market ; (B) by striking farmers’ markets and to promote ; and (C) by striking the period and inserting and assist in the development of local food business enterprises. ; (3) by striking subsection (b) and inserting the following new subsection: (b) Program purposes The purposes of the Program are to increase domestic consumption of, and consumer access to, locally and regionally produced agricultural products by assisting in the development, improvement, and expansion of— (1) domestic farmers’ markets, roadside stands, community-supported agriculture programs, agritourism activities, and other direct producer-to-consumer market opportunities; and (2) local and regional food business enterprises that process, distribute, aggregate, and store locally or regionally produced food products. ; (4) in subsection (c)(1)— (A) by inserting or other agricultural business entity after cooperative ; and (B) by inserting , including a community supported agriculture network or association after association ; (5) by redesignating subsection (e) as subsection (f); (6) by inserting after subsection (d) the following new subsection: (e) Funds requirements for eligible entities (1) Matching funds An entity receiving a grant under this section for a project to carry out a purpose described in subsection (b)(2) shall provide matching funds in the form of cash or an in-kind contribution in an amount equal to 25 percent of the total cost of such project. (2) Limitation on use of funds An eligible entity may not use a grant or other assistance provided under this section for the purchase, construction, or rehabilitation of a building or structure. ; and (7) in subsection (f) (as redesignated by paragraph (5))— (A) in paragraph (1)— (i) in subparagraph (B), by striking and 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 new subparagraph: (D) $30,000,000 for each of fiscal years 2014 through 2018. ; (B) by striking paragraphs (3) and (5); (C) by redesignating paragraph (4) as paragraph (6); and (D) by inserting after paragraph (2) the following new paragraphs: (3) Authorization of appropriations There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2014 through 2018. (4) Use of funds Of the funds made available to carry out this section for a fiscal year, 50 percent of such funds shall be used for the purposes described in paragraph (1) of subsection (b) and 50 percent of such funds shall be used for the purposes described in paragraph (2) of such subsection. (5) Limitation on administrative expenses Not more than 3 percent of the total amount made available to carry out this section for a fiscal year may be used for administrative expenses. . 10004. Organic agriculture (a) Organic production and market data initiatives Section 7407(d)(2) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 5925c(d) ) is amended— (1) in the heading of such paragraph, by striking 2012 and inserting 2018 ; and (2) by striking 2012 and inserting 2018 . (b) Modernization and technology upgrade for national organic program Section 2122 of the Organic Foods Production Act of 1990 ( 7 U.S.C. 6521 ) is amended by adding at the end the following new subsection: (c) Modernization and technology upgrade for national organic program The Secretary shall modernize database and technology systems of the national organic program. . (c) Authorization of appropriations for national organic program Effective October 1, 2013, section 2123(b)(6) of the Organic Foods Production Act of 1990 ( 7 U.S.C. 6522(b)(6) ) is amended to read as follows: (6) $11,000,000 for each of fiscal years 2014 through 2018. . (d) National organic certification cost-Share program Effective October 1, 2013, section 10606 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 6523 ) is repealed. 10005. Investigations and enforcement of the Organic Foods Production Act of 1990 The Organic Foods Production Act of 1990 is amended by inserting after section 2122 ( 7 U.S.C. 6521 ) the following new section: 2122A. Investigation and enforcement (a) Expedited administrative hearing The Secretary shall establish an expedited administrative hearing procedure under which the Secretary may suspend or revoke the organic certification of a producer or handler or the accreditation of a certifying agent in accordance with subsection (d). Such a hearing may be conducted in addition to a hearing conducted pursuant to section 2120. (b) Investigation (1) In general The Secretary may take such investigative actions as the Secretary considers to be necessary to carry out this title— (A) to verify the accuracy of any information reported or made available under this title; and (B) to determine, with regard to actions, practices, or information required under this title, whether a person covered by this title has committed a violation of this title. (2) Investigative powers The Secretary may administer oaths and affirmations, subpoena witnesses, compel attendance of witnesses, take evidence, and require the production of any records required to be maintained under section 2112(d) or 2116(c) that are relevant to the investigation. (c) Unlawful Act It shall be unlawful and a violation of this title for any person covered by this title— (1) to refuse to provide information required by the Secretary under this title; or (2) to violate— (A) a suspension or revocation of the organic certification of a producer or handler; or (B) a suspension or revocation of the accreditation of a certifying agent. (d) Enforcement (1) Suspension (A) In general The Secretary may, after notice and opportunity for an expedited administrative hearing, suspend the organic certification of a producer, handler or the accreditation of a certifying agent if— (i) the Secretary, during such expedited administrative hearing, proved that— (I) in the case of a producer or handler, the producer or handler— (aa) has recklessly committed a violation of a term, condition, or requirement of the organic plan to which the producer or handler is subject; or (bb) has recklessly committed, or is recklessly committing, a violation of this title; or (II) in the case of a certifying agent, the agent has recklessly committed, or is recklessly committing, a violation of this title; or (ii) the producer, handler, or certifying agent has waived such expedited administrative hearing. (B) Issuance of suspension A suspension issued under this paragraph shall be issued not later than five days after the date on which— (i) the expedited administrative hearing referred to in clause (i) of subparagraph (A) concludes; or (ii) the Secretary receives notice of the waiver referred to in clause (ii) of such subparagraph. (C) Duration of suspension The period of a suspension issued under this paragraph shall be not more than 90 days, beginning on the date on which the Secretary issues the suspension. (D) Curing of violations (i) In general The Secretary may not issue a suspension of a certification or accreditation under this paragraph if the producer, handler, or certifying agent subject to such suspension— (I) before the date on which the suspension would otherwise have been issued, cures, or corrects the deficiency giving rise to, the violation for which the certification or accreditation would have been suspended; or (II) within a reasonable timeframe (as determined by the Secretary), enters into a settlement with the Secretary regarding a deficiency referred to in subclause (I). (ii) During suspension The Secretary shall terminate the suspension of an organic certification or accreditation issued under this paragraph if the producer, handler, or certifying agent subject to such suspension cures the violation for which the certification or accreditation was suspended under such subparagraph before the date on which the period of the suspension ends. (2) Revocation (A) In general The Secretary may, after notice and opportunity for an expedited administrative hearing under this section and an expedited administrative appeal under section 2121, revoke the organic certification of a producer or handler, or the accreditation of a certifying agent if— (i) the Secretary, during such hearing, proved that— (I) in the case of a producer or handler, the producer or handler— (aa) has knowingly committed an egregious violation of a term, condition, or requirement of the organic plan to which the producer or handler is subject; or (bb) has knowingly committed, or is knowingly committing, an egregious violation of this title; or (II) in the case of a certifying agent, the agent has knowingly committed, or is knowingly committing, an egregious violation of this title; or (ii) the producer, handler, or certifying agent has waived such expedited administrative hearing and such an expedited administrative appeal. (B) Initiation of revocation proceedings (i) In general If the Secretary finds, during an investigation or during the period of a suspension under paragraph (1), that a producer, handler, or certifying agent has knowingly committed an egregious violation of this title, the Secretary shall initiate revocation proceedings with respect to such violation not later than 30 days after the date on which the producer, handler, or certifying agent receives notice of such finding in accordance with clause (ii). The Secretary may not initiate revocation proceedings with respect to such violation after the date on which that 30-day period ends. (ii) Notice Not later than five days after the date on which the Secretary makes the finding described in clause (i), the Secretary shall provide to the producer, handler, or certifying agent notice of such finding. (e) Appeal (1) Suspensions (A) In general The suspension of a certification or accreditation under subsection (d)(1) by the Secretary may be appealed to a United States district court in accordance with section 2121(b) not later than 30 business days after the date on which the person subject to such suspension receives notice of the suspension. (B) Suspension final and conclusive A suspension of a certification or accreditation under subsection (d)(1) by the Secretary shall be final and conclusive— (i) in the case of a suspension that is appealed under subparagraph (A) within the 30-day period specified in such subparagraph, on the date on which judicial review of such suspension is complete; or (ii) in the case of a suspension that is not so appealed, the date on which such 30-day period ends. (2) Revocations (A) In general The revocation of a certification or an accreditation under subsection (d)(2) by the Secretary may be appealed to a United States district court in accordance with section 2121(b) not later than 30 business days after the date on which the person subject to such revocation receives notice of the revocation. (B) Revocation final and conclusive A revocation of a certification or an accreditation under subsection (d)(2) by the Secretary shall be final and conclusive— (i) in the case of a revocation that is appealed under subparagraph (A) within the 30-day period specified in such subparagraph, on the date on which judicial review of such revocation is complete; or (ii) in the case of a revocation that is not so appealed, the date on which such 30-day period ends. (3) Standards for review of suspensions and revocations A suspension or revocation of a certification or an accreditation under subsection (d) shall be reviewed in accordance with the standards of review specified in section 706(2) of title 5, United States Code. (f) Noncompliance (1) In general If a person covered by this title fails to obey a revocation of a certification or an accreditation under subsection (d)(2) after such revocation has become final and conclusive or after the appropriate United States district court has entered a final judgment in favor of the Secretary, the United States may apply to the appropriate United States district court for enforcement of such revocation. (2) Enforcement If the court determines that the revocation was lawfully made and duly served and that the person violated the revocation, the court shall enforce the revocation. (3) Civil penalty If the court finds that the person violated the revocation of a certification or an accreditation under subsection (d)(2), the person shall be subject to one or more of the penalties provided in subsections (a) and (b) of section 2120. (g) Violation of this title defined In this section, the term violation of this title means a violation specified in section 2120. . 10006. Food safety education initiatives Section 10105(c) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 7655a(c) ) is amended by striking 2012 and inserting 2018 . 10007. Specialty crop block grants Section 101 of the Specialty Crops Competitiveness Act of 2004 ( 7 U.S.C. 1621 note; Public Law 108–465 ) is amended— (1) in subsection (a)— (A) by striking subsection (j) and inserting subsection (l) ; and (B) by striking 2012 and inserting 2018 ; (2) by striking subsection (b) and inserting the following new subsection: (b) Grants based on value and acreage Subject to subsection (c), for each State whose application for a grant for a fiscal year that is accepted by the Secretary under subsection (f), the amount of the grant for such fiscal year to the State under this section shall bear the same ratio to the total amount made available under subsection (l)(1) for such fiscal year as— (1) the average of the most recent available value of specialty crop production in the State and the acreage of specialty crop production in the State, as demonstrated in the most recent Census of Agriculture data; bears to (2) the average of the most recent available value of specialty crop production in all States and the acreage of specialty crop production in all States, as demonstrated in the most recent Census of Agriculture data. ; (3) by redesignating subsection (j) as subsection (l); (4) by inserting after subsection (i) the following new subsections: (j) Multistate projects Not later than 180 days after the effective date of the Federal Agriculture Reform and Risk Management Act of 2013 , the Secretary of Agriculture shall issue guidance for the purpose of making grants to multistate projects under this section for projects involving— (1) food safety; (2) plant pests and disease; (3) research; (4) crop-specific projects addressing common issues; and (5) any other area that furthers the purposes of this section, as determined by the Secretary. (k) Administration (1) Department The Secretary of Agriculture may not use more than 3 percent of the funds made available to carry out this section for a fiscal year for administrative expenses. (2) States A State receiving a grant under this section may not use more than 8 percent of the funds received under the grant for a fiscal year for administrative expenses. ; and (5) in subsection (l) (as redesignated by paragraph (3))— (A) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively, and moving the margins of such subparagraphs two ems to the right; (B) by striking Of the funds and inserting the following: (1) In general Of the funds ; (C) in paragraph (1) (as so designated)— (i) in subparagraph (B) (as redesignated by subparagraph (A)), by striking and at the end; (ii) in subparagraph (C) (as redesignated by subparagraph (A)), by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following new subparagraphs: (D) $72,500,000 for fiscal years 2014 through 2017; and (E) $85,000,000 for fiscal year 2018. ; and (D) by adding at the end the following new paragraph: (2) Multistate projects Of the funds made available under paragraph (1), the Secretary may use to carry out subsection (j), to remain available until expended— (A) $1,000,000 for fiscal year 2014; (B) $2,000,000 for fiscal year 2015; (C) $3,000,000 for fiscal year 2016; (D) $4,000,000 for fiscal year 2017; and (E) $5,000,000 for fiscal year 2018. . 10008. Report on honey (a) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of Agriculture, in consultation with persons affected by the potential establishment of a Federal standard for the identity of honey, shall submit to the Commissioner of Food and Drugs a report describing how an appropriate Federal standard for the identity of honey would be in the interest of consumers, the honey industry, and United States agriculture. (b) Considerations In preparing the report required under subsection (a), the Secretary shall take into consideration the March 2006, Standard of Identity citizens petition filed with the Food and Drug Administration, including any current industry amendments or clarifications necessary to update such petition. 10009. Bulk shipments of apples to Canada (a) Bulk shipment of apples to Canada Section 4 of the Export Apple Act ( 7 U.S.C. 584 ) is amended— (1) by striking Apples in and inserting (a) Apples in ; and (2) by adding at the end the following new subsection: (b) Apples may be shipped to Canada in bulk bins without complying with the provisions of this Act. . (b) Definition of bulk bin Section 9 of the Export Apple Act ( 7 U.S.C. 589 ) is amended by adding at the end the following new paragraph: (5) The term bulk bin means a bin that contains a quantity of apples weighing more than 100 pounds. . (c) Regulations Not later than 60 days after the date of the enactment of this Act, the Secretary of Agriculture shall issue regulations to carry out the amendments made by this section. 10010. Inclusion of olive oil in import controls under the Agricultural Adjustment Act Section 8e(a) of the Agricultural Adjustment Act ( 7 U.S.C. 608e–1(a) ) is amended by inserting olive oil, after olives (other than Spanish-style green olives), . 10011. Consolidation of plant pest and disease management and disaster prevention programs (a) Relocation of legislative language relating to national clean plant network Section 420 of the Plant Protection Act ( 7 U.S.C. 7721 ) is amended— (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following new subsection: (e) National clean plant network (1) In general The Secretary shall establish a program to be known as the National Clean Plant Network (referred to in this subsection as the Program ). (2) Requirements Under the Program, the Secretary shall establish a network of clean plant centers for diagnostic and pathogen elimination services— (A) to produce clean propagative plant material; and (B) to maintain blocks of pathogen-tested plant material in sites located throughout the United States. (3) Availability of clean plant source material Clean plant source material produced or maintained under the Program may be made available to— (A) a State for a certified plant program of the State; and (B) private nurseries and producers. (4) Consultation and collaboration In carrying out the Program, the Secretary shall— (A) consult with— (i) State departments of agriculture; and (ii) land-grant colleges and universities and NLGCA Institutions (as those terms are defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3103 )); and (B) to the extent practicable and with input from the appropriate State officials and industry representatives, use existing Federal or State facilities to serve as clean plant centers. (5) Funding for fiscal year 2013 There is authorized to be appropriated to carry out the Program $5,000,000 for fiscal year 2013. . (b) Funding Subsection (f) of section 420 of the Plant Protection Act ( 7 U.S.C. 7721 ) (as so redesignated) is amended— (1) in paragraph (3), by striking and at the end; (2) in paragraph (4), by striking and each fiscal year thereafter. and inserting a semicolon; and (3) by adding at the end the following new paragraphs: (5) $62,500,000 for fiscal years 2014 through 2017; and (6) $75,000,000 for fiscal year 2018. . (c) Repeal of existing provision Effective October 1, 2013, section 10202 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 7761 ) is repealed. (d) Clarification of use of funds for technical assistance Section 420 of the Plant Protection Act ( 7 U.S.C. 7721 ) (as amended by subsection (a)) is amended by adding at the end the following new subsection: (g) Relationship to other law The use of Commodity Credit Corporation funds under this section to provide technical assistance shall not be considered an allotment or fund transfer from the Commodity Credit Corporation for purposes of the limit on expenditures for technical assistance imposed by section 11 of the Commodity Credit Corporation Charter Act ( 15 U.S.C. 714i ). . 10012. Modification, cancellation, or suspension on basis of a biological opinion (a) In general Except in the case of a voluntary request from a pesticide registrant to amend a registration under section 3 of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136a ), a registration of a pesticide may be modified, canceled, or suspended on the basis of the implementation of a Biological Opinion issued by the National Marine Fisheries Service or the United States Fish and Wildlife Service prior to the date of completion of the study referred to in subsection (b), or January 1, 2015, whichever is earlier, only if— (1) the modification, cancellation, or suspension is undertaken pursuant to section 6 of such Act ( 7 U.S.C. 136d ); and (2) the Biological Opinion complies with the recommendations contained in the study referred to in subsection (b). (b) National Academy of Sciences Study The study commissioned by the Administrator of the Environmental Protection Agency on March 10, 2011, shall include, at a minimum, each of the following: (1) A formal, independent, and external peer review, consistent with Office of Management and Budget policies, of each Biological Opinion described in subsection (a). (2) Assessment of economic impacts of measures or alternatives recommended in each such Biological Opinion. (3) An examination of the specific scientific and procedural questions and issues pertaining to economic feasibility contained in the June 23, 2011, letter sent to the Administrator (and other Federal officials) by the Chairmen of the Committee on Agriculture, the Committee on Natural Resources, and the Subcommittee on Interior, Environment, and Related Agencies of the Committee on Appropriations, of the House of Representatives. 10013. Use and discharges of authorized pesticides (a) Short title This section may be cited as the Reducing Regulatory Burdens Act of 2013 . (b) Use of authorized pesticides Section 3(f) of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136a(f) ) is amended by adding at the end the following: (5) Use of authorized pesticides Except as provided in section 402(s) of the Federal Water Pollution Control Act, the Administrator or a State may not require a permit under such Act for a discharge from a point source into navigable waters of a pesticide authorized for sale, distribution, or use under this Act, or the residue of such a pesticide, resulting from the application of such pesticide. . (c) Discharges of pesticides Section 402 of the Federal Water Pollution Control Act ( 33 U.S.C. 1342 ) is amended by adding at the end the following: (s) Discharges of pesticides (1) No permit requirement Except as provided in paragraph (2), a permit shall not be required by the Administrator or a State under this Act for a discharge from a point source into navigable waters of a pesticide authorized for sale, distribution, or use under the Federal Insecticide, Fungicide, and Rodenticide Act, or the residue of such a pesticide, resulting from the application of such pesticide. (2) Exceptions Paragraph (1) shall not apply to the following discharges of a pesticide or pesticide residue: (A) A discharge resulting from the application of a pesticide in violation of a provision of the Federal Insecticide, Fungicide, and Rodenticide Act that is relevant to protecting water quality, if— (i) the discharge would not have occurred but for the violation; or (ii) the amount of pesticide or pesticide residue in the discharge is greater than would have occurred without the violation. (B) Stormwater discharges subject to regulation under subsection (p). (C) The following discharges subject to regulation under this section: (i) Manufacturing or industrial effluent. (ii) Treatment works effluent. (iii) Discharges incidental to the normal operation of a vessel, including a discharge resulting from ballasting operations or vessel biofouling prevention. . XI Crop Insurance 11001. Information sharing Section 502(c) of the Federal Crop Insurance Act ( 7 U.S.C. 1502(c) ) is amended by adding at the end the following new paragraph: (4) Information (A) Request Subject to subparagraph (B), the Farm Service Agency shall, in a timely manner, provide to an agent or an approved insurance provider authorized by the producer any information (including Farm Service Agency Form 578s (or any successor form) or maps (or any corrections to those forms or maps) that may assist the agent or approved insurance provider in insuring the producer under a policy or plan of insurance under this subtitle. (B) Privacy Except as provided in subparagraph (C), an agent or approved insurance provider that receives the information of a producer pursuant to subparagraph (A) shall treat the information in accordance with paragraph (1). (C) Sharing Nothing in this section prohibits the sharing of the information of a producer pursuant to subparagraph (A) between the agent and the approved insurance provider of the producer. . 11002. Publication of information on violations of prohibition on premium adjustments Section 508(a)(9) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(a)(9) ) is amended by adding at the end the following new subparagraph: (C) Publication of violations (i) Publication required Subject to clause (ii), the Corporation shall publish in a timely manner on the website of the Risk Management Agency information regarding each violation of this paragraph, including any sanctions imposed in response to the violation, in sufficient detail so that the information may serve as effective guidance to approved insurance providers, agents, and producers. (ii) Protection of privacy In providing information under clause (i) regarding violations of this paragraph, the Corporation shall redact the identity of the persons and entities committing the violations in order to protect their privacy. . 11003. Supplemental coverage option (a) Availability of supplemental coverage option Paragraph (3) of section 508(c) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(c) ) is amended to read as follows: (3) Yield and loss basis options A producer shall have the option of purchasing additional coverage based on— (A) (i) an individual yield and loss basis; or (ii) an area yield and loss basis; (B) an individual yield and loss basis, supplemented with coverage based on an area yield and loss basis to cover a part of the deductible under the individual yield and loss policy, as described in paragraph (4)(C); or (C) a margin basis alone or in combination with the coverages available in subparagraph (A) or (B). . (b) Level of coverage Paragraph (4) of section 508(c) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(c) ) is amended to read as follows: (4) Level of coverage (A) Dollar denomination and percentage of yield Except as provided in subparagraph (C), the level of coverage— (i) shall be dollar denominated; and (ii) may be purchased at any level not to exceed 85 percent of the individual yield or 95 percent of the area yield (as determined by the Corporation). (B) Information The Corporation shall provide producers with information on catastrophic risk and additional coverage in terms of dollar coverage (within the allowable limits of coverage provided in this paragraph). (C) Supplemental coverage option (i) In general Notwithstanding subparagraph (A), in the case of the supplemental coverage option described in paragraph (3)(B), the Corporation shall offer producers the opportunity to purchase coverage in combination with a policy or plan of insurance offered under this subtitle that would allow indemnities to be paid to a producer equal to a part of the deductible under the policy or plan of insurance— (I) at a county-wide level to the fullest extent practicable; or (II) in counties that lack sufficient data, on the basis of such larger geographical area as the Corporation determines to provide sufficient data for purposes of providing the coverage. (ii) Trigger Coverage offered under paragraph (3)(B) and clause (i) shall be triggered only if the losses in the area exceed 10 percent of normal levels (as determined by the Corporation). (iii) Coverage Subject to the trigger described in clause (ii), coverage offered under paragraph (3)(B) and clause (i) shall not exceed the difference between— (I) 90 percent; and (II) the coverage level selected by the producer for the underlying policy or plan of insurance. (iv) Ineligible crops and acres Crops for which the producer has elected under section 1107(c)(1) of the Federal Agriculture Reform and Risk Management Act of 2013 to receive revenue loss coverage and acres that are enrolled in the stacked income protection plan under section 508B shall not be eligible for supplemental coverage under this subparagraph. (v) Calculation of premium Notwithstanding subsection (d), the premium for coverage offered under paragraph (3)(B) and clause (i) shall— (I) be sufficient to cover anticipated losses and a reasonable reserve; and (II) include an amount for operating and administrative expenses established in accordance with subsection (k)(4)(F). . (c) Payment of portion of premium by Corporation Section 508(e)(2) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(e)(2) ) is amended by adding at the end the following new subparagraph: (H) In the case of the supplemental coverage option authorized in subsection (c)(4)(C), the amount shall be equal to the sum of— (i) 65 percent of the additional premium associated with the coverage; and (ii) the amount determined under subsection (c)(4)(C)(vi)(II), subject to subsection (k)(4)(F), for the coverage to cover operating and administrative expenses. . (d) Effective date The Federal Crop Insurance Corporation shall begin to provide additional coverage based on an individual yield and loss basis, supplemented with coverage based on an area yield and loss basis, not later than for the 2014 crop year. 11004. Premium amounts for catastrophic risk protection Subparagraph (A) of section 508(d)(2) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(d)(2) ) is amended to read as follows: (A) In the case of catastrophic risk protection, the amount of the premium established by the Corporation for each crop for which catastrophic risk protection is available shall be reduced by the percentage equal to the difference between the average loss ratio for the crop and 100 percent, plus a reasonable reserve. . 11005. Repeal of performance-based discount (a) Repeal Section 508(d) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(d) ) is amended— (1) by striking paragraph (3); and (2) by redesignating paragraph (4) as paragraph (3). (b) Conforming amendment Section 508(a)(9)(B) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(a)(9)(B) ) is amended— (1) by inserting or at the end of clause (i); (2) by striking clause (ii); and (3) by redesignating clause (iii) as clause (ii). 11006. Permanent enterprise unit subsidy Subparagraph (A) of section 508(e)(5) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(e)(5) ) is amended to read as follows: (A) In general The Corporation may pay a portion of the premiums for plans or policies of insurance for which the insurable unit is defined on a whole farm or enterprise unit basis that is higher than would otherwise be paid in accordance with paragraph (2). . 11007. Enterprise units for irrigated and nonirrigated crops Section 508(e)(5) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(e)(5) ) is amended by adding at the end the following new subparagraph: (D) Nonirrigated crops Beginning with the 2014 crop year, the Corporation shall make available separate enterprise units for irrigated and nonirrigated acreage of crops in counties. . 11008. Data collection Section 508(g)(2) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(g)(2) ) is amended by adding at the end the following new subparagraph: (E) Sources of yield data To determine yields under this paragraph, the Corporation— (i) shall use county data collected by the Risk Management Agency or the National Agricultural Statistics Service, or both; or (ii) if sufficient county data is not available, may use other data considered appropriate by the Secretary. . 11009. Adjustment in actual production history to establish insurable yields Section 508(g)(4)(B) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(g)(4)(B) ) is amended by striking 60 each place it appears and inserting 70 . 11010. Submission and review of policies (a) In general Section 508(h) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(h) ) is amended— (1) in paragraph (1)— (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately; (B) by striking (1) In general .—In addition and inserting the following: (1) Authority to submit (A) In general In addition ; and (C) by adding at the end the following new subparagraph: (B) Review and submission by Corporation The Corporation shall review any policy developed under section 522(c) or any pilot program developed under section 523 and submit the policy or program to the Board under this subsection if the Corporation, at the sole discretion of the Corporation, finds that the policy or program— (i) will likely result in a viable and marketable policy consistent with this subsection; (ii) would provide crop insurance coverage in a significantly improved form; and (iii) adequately protects the interests of producers. ; and (2) in paragraph (3)— (A) by striking A policy and inserting the following: (A) In general A policy ; and (B) by adding at the end the following new subparagraph: (B) Specified review and approval priorities In reviewing policies and other materials submitted to the Board under this subsection for approval, the Board— (i) shall make the development and approval of a revenue policy for peanut producers a priority so that a revenue policy is available to peanut producers in time for the 2014 crop year; (ii) shall make the development and approval of a margin coverage policy for rice producers a priority so that a margin coverage policy is available to rice producers in time for the 2014 crop year; and (iii) may approve a submission that is made pursuant to this subsection that would, beginning with the 2014 crop year, allow producers that purchase policies in accordance with subsection (e)(5)(A) to separate enterprise units by risk rating for acreage of crops in counties. . (b) Advance payments Section 522(b)(2)(E) of the Federal Crop Insurance Act ( 7 U.S.C. 1522(b)(2)(E) ) is amended by striking 50 percent and inserting 75 percent . 11011. Equitable relief for specialty crop policies Section 508(k)(8)(E) of the Federal Crop Insurance Act of 1938 ( 7 U.S.C. 1508(k)(8)(E) ) is amended by adding at the end the following new clause: (iii) Equitable relief for specialty crop policies (I) In general For each of the 2011 through 2015 reinsurance years, in addition to the total amount of funding for reimbursement of administrative and operating costs that is otherwise required to be made available in each such reinsurance year pursuant to an agreement entered into by the Corporation, the Corporation shall use $41,000,000 to provide additional reimbursement with respect to eligible insurance contracts for any agricultural commodity that is not eligible for a benefit under subtitles A, B or C of title I of the Federal Agriculture Reform and Risk Management Act of 2013 . (II) Treatment Additional reimbursements made under this clause shall be included as part of the base level of administrative and operating expense reimbursement to which any limit on compensation to persons involved in the direct sale and service of any eligible crop insurance contract required under an agreement entered into by the Corporation is applied. (III) Rule of construction Nothing in this clause shall be construed as statutory assent to the limit described in subclause (II). . 11012. Budget limitations on renegotiation of the standard reinsurance agreement Section 508(k)(8) of the Federal Crop Insurance Act of 1938 ( 7 U.S.C. 1508(k)(8) ) is amended by adding at the end the following new subparagraph: (F) Budget (i) In general The Board shall ensure that any Standard Reinsurance Agreement negotiated under subparagraph (A)(ii), as compared to the previous Standard Reinsurance Agreement— (I) to the maximum extent practicable, shall be budget neutral; and (II) in no event, may significantly depart from budget neutrality. (ii) Use of savings To the extent that any budget savings is realized in the renegotiation of a Standard Reinsurance Agreement under subparagraph (A)(ii), and the savings are determined not to be a significant departure from budget neutrality under clause (i), the savings shall be used to increase the obligations of the Corporation under subsections (e)(2) or (k)(4) or section 523. . 11013. Crop production on native sod (a) Federal crop insurance Section 508(o) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(o) ) is amended— (1) in paragraph (1)(B), by inserting , or the producer cannot substantiate that the ground has ever been tilled, after tilled ; (2) in paragraph (2)— (A) in the paragraph heading, by striking Ineligibility for and inserting Reduction in ; and (B) in subparagraph (A), by striking for benefits under— and all that follows through the period at the end and inserting for— (i) a portion of crop insurance premium subsidies under this subtitle in accordance with paragraph (3); (ii) benefits under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333 ); and (iii) payments described in subsection (b) or (c) of section 1001 of the Food Security Act of 1985 ( 7 U.S.C. 1308 ). ; and (3) by striking paragraph (3) and inserting the following new paragraphs: (3) Administration (A) In general During the first 4 crop years of planting on native sod acreage by a producer described in paragraph (2)— (i) paragraph (2) shall apply to 65 percent of the transitional yield of the producer; and (ii) the crop insurance premium subsidy provided for the producer under this subtitle shall be 50 percentage points less than the premium subsidy that would otherwise apply. (B) Yield substitution During the period native sod acreage is covered by this subsection, a producer may not substitute yields for the native sod acreage. (4) Application This subsection shall only apply to native sod in the Prairie Pothole National Priority Area. . (b) Noninsured crop disaster assistance Section 196(a)(4) of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333(a)(4) ) is amended— (1) in the paragraph heading, by striking ineligibility and inserting benefit reduction ; (2) in subparagraph (A)(ii), by inserting , or the producer cannot substantiate that the ground has ever been tilled, after tilled ; (3) in subparagraph (B)— (A) in the subparagraph heading, by striking Ineligibility and inserting Reduction in ; and (B) in clause (i), by striking for benefits under— and all that follows through the period at the end and inserting for— (I) benefits under this section; (II) a portion of crop insurance premium subsidies under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ) in accordance with subparagraph (C); and (III) payments described in subsection (b) or (c) of section 1001 of the Food Security Act of 1985 ( 7 U.S.C. 1308 ). ; and (4) by striking subparagraph (C) and inserting the following new subparagraphs: (C) Administration (i) In general During the first 4 crop years of planting on native sod acreage by a producer described in subparagraph (B)— (I) subparagraph (B) shall apply to 65 percent of the transitional yield of the producer; and (II) the crop insurance premium subsidy provided for the producer under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ) shall be 50 percentage points less than the premium subsidy that would otherwise apply. (ii) Yield substitution During the period native sod acreage is covered by this paragraph, a producer may not substitute yields for the native sod acreage. (D) Application This paragraph shall only apply to native sod in the Prairie Pothole National Priority Area. . (c) Cropland report (1) Baseline Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the cropland acreage in each applicable county and State, and the change in cropland acreage from the preceding year in each applicable county and State, beginning with calendar year 2000 and including that information for the most recent year for which that information is available. (2) Annual updates Not later than January 1, 2015, and each January 1 thereafter through January 1, 2018, the Secretary of Agriculture shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes— (A) the cropland acreage in each applicable county and State as of the date of submission of the report; and (B) the change in cropland acreage from the preceding year in each applicable county and State. 11014. Coverage levels by practice Section 508 of the Federal Crop Insurance Act of 1938 ( 7 U.S.C. 1508 ) is amended by adding at the end the following new subsection: (p) Coverage levels by practice Beginning with the 2015 crop year, a producer that produces an agricultural commodity on both dry land and irrigated land may elect a different coverage level for each production practice. . 11015. Beginning farmer and rancher provisions (a) Definition Section 502(b) of the Federal Crop Insurance Act ( 7 U.S.C. 1502(b) ) is amended— (1) by redesignating paragraphs (3) through (9) as paragraphs (4) through (10), respectively; and (2) by inserting after paragraph (2) the following: (3) Beginning farmer or rancher The term beginning farmer or rancher means a farmer or rancher who has not actively operated and managed a farm or ranch with a bona fide insurable interest in a crop or livestock as an owner-operator, landlord, tenant, or sharecropper for more than 5 crop years, as determined by the Secretary. . (b) Premium adjustments Section 508 of the Federal Crop Insurance Act ( 7 U.S.C. 1508 ) is amended— (1) in subsection (b)(5)(E), by inserting and beginning farmers or ranchers after limited resource farmers ; (2) in subsection (e), by adding at the end the following new paragraph: (8) Premium for beginning farmers or ranchers Notwithstanding any other provision of this subsection regarding payment of a portion of premiums, a beginning farmer or rancher shall receive premium assistance that is 10 percentage points greater than premium assistance that would otherwise be available under paragraphs (2) (except for subparagraph (A) of that paragraph), (5), (6), and (7) for the applicable policy, plan of insurance, and coverage level selected by the beginning farmer or rancher. ; and (3) in subsection (g)— (A) in paragraph (2)(B)— (i) in clause (i), by striking or at the end; (ii) in clause (ii)(III), by striking the period at the end and inserting ; or ; and (iii) by adding at the end the following: (iii) if the producer is a beginning farmer or rancher who was previously involved in a farming or ranching operation, including involvement in the decisionmaking or physical involvement in the production of the crop or livestock on the farm, for any acreage obtained by the beginning farmer or rancher, a yield that is the higher of— (I) the actual production history of the previous producer of the crop or livestock on the acreage determined under subparagraph (A); or (II) a yield of the producer, as determined in clause (i). ; and (B) in paragraph (4)(B)(ii) (as amended by section 11009)— (i) by inserting (I) after (ii) ; (ii) by striking the period at the end and inserting ; or ; and (iii) by adding at the end the following: (II) in the case of beginning farmers or ranchers, replace each excluded yield with a yield equal to 80 percent of the applicable transitional yield. . 11016. Stacked income protection plan for producers of upland cotton (a) Availability of Stacked Income Protection Plan for Producers of Upland Cotton The Federal Crop Insurance Act is amended by inserting after section 508A ( 7 U.S.C. 1508a ) the following new section: 508B. Stacked income protection plan for producers of upland cotton (a) Availability Beginning not later than the 2014 crop of upland cotton, the Corporation shall make available to producers of upland cotton an additional policy (to be known as the Stacked Income Protection Plan ), which shall provide coverage consistent with the Group Risk Income Protection Plan (and the associated Harvest Revenue Option Endorsement) offered by the Corporation for the 2011 crop year. (b) Required terms The Corporation may modify the Stacked Income Protection Plan on a program-wide basis, except that the Stacked Income Protection Plan shall comply with the following requirements: (1) Provide coverage for revenue loss of not less than 10 percent and not more than 30 percent of expected county revenue, specified in increments of 5 percent. The deductible is the minimum percent of revenue loss at which indemnities are triggered under the plan, not to be less than 10 percent of the expected county revenue. (2) Be offered to producers of upland cotton in all counties with upland cotton production— (A) at a county-wide level to the fullest extent practicable; or (B) in counties that lack sufficient data, on the basis of such larger geographical area as the Corporation determines to provide sufficient data for purposes of providing the coverage. (3) Be purchased in addition to any other individual or area coverage in effect on the producer’s acreage or as a stand-alone policy, except that if a producer has an individual or area coverage for the same acreage, the maximum coverage available under the Stacked Income Protection Plan shall not exceed the deductible for the individual or area coverage. (4) Establish coverage based on— (A) the expected price established under existing Group Risk Income Protection or area wide policy offered by the Corporation for the applicable county (or area) and crop year; and (B) an expected county yield that is the higher of— (i) the expected county yield established for the existing area-wide plans offered by the Corporation for the applicable county (or area) and crop year (or, in geographic areas where area-wide plans are not offered, an expected yield determined in a manner consistent with those of area-wide plans); or (ii) the average of the applicable yield data for the county (or area) for the most recent 5 years, excluding the highest and lowest observations, from the Risk Management Agency or the National Agricultural Statistics Service (or both) or, if sufficient county data is not available, such other data considered appropriate by the Secretary. (5) Use a multiplier factor to establish maximum protection per acre (referred to as a protection factor ) of not less than the higher of the level established on a program wide basis or 120 percent. (6) Pay an indemnity based on the amount that the expected county revenue exceeds the actual county revenue, as applied to the individual coverage of the producer. Indemnities under the Stacked Income Protection Plan shall not include or overlap the amount of the deductible selected under paragraph (1). (7) In all counties for which data are available, establish separate coverage levels for irrigated and non-irrigated practices. (c) Premium Notwithstanding section 508(d), the premium for the Stacked Income Protection Plan shall— (1) be sufficient to cover anticipated losses and a reasonable reserve; and (2) include an amount for operating and administrative expenses established in accordance with section 508(k)(4)(F). (d) Payment of portion of premium by Corporation Subject to section 508(e)(4), the amount of premium paid by the Corporation for all qualifying coverage levels of the Stacked Income Protection Plan shall be— (1) 80 percent of the amount of the premium established under subsection (c) for the coverage level selected; and (2) the amount determined under subsection (c)(2), subject to section 508(k)(4)(F), for the coverage to cover administrative and operating expenses. (e) Relation to other coverages The Stacked Income Protection Plan is in addition to all other coverages available to producers of upland cotton. . (b) Conforming amendment Section 508(k)(4)(F) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(k)(4)(F) ) is amended by inserting or authorized under subsection (c)(4)(C) or section 508B after of this subparagraph . 11017. Peanut revenue crop insurance The Federal Crop Insurance Act is amended by inserting after section 508B, as added by the previous section, the following new section: 508C. Peanut revenue crop insurance (a) In general Effective beginning with the 2014 crop year, the Risk Management Agency and the Corporation shall make available to producers of peanuts a revenue crop insurance program for peanuts. (b) Effective price Subject to subsection (c), for purposes of the revenue crop insurance program and the multiperil crop insurance program under this Act, the effective price for peanuts shall be equal to the Rotterdam price index for peanuts, as adjusted to reflect the farmer stock price of peanuts in the United States. (c) Adjustments (1) In general The effective price for peanuts established under subsection (b) may be adjusted by the Risk Management Agency and the Corporation to correct distortions. (2) Administration If an adjustment is made under paragraph (1), the Risk Management Agency and the Corporation shall— (A) make the adjustment in an open and transparent manner; and (B) submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the reasons for the adjustment. . 11018. Authority to correct errors Section 515(c) of the Federal Crop Insurance Act ( 7 U.S.C. 1515(c) ) is amended— (1) in the first sentence, by striking The Secretary and inserting the following: (1) In general The Secretary ; (2) in the second sentence, by striking Beginning with and inserting the following: (2) Frequency Beginning with ; and (3) by adding at the end the following new paragraph: (3) Corrections (A) In general In addition to the corrections permitted by the Corporation as of the date of enactment of the Federal Agriculture Reform and Risk Management Act of 2013 , the Corporation shall allow an agent or an approved insurance provider, subject to subparagraph (B)— (i) within a reasonable amount of time following the applicable sales closing date, to correct unintentional errors in information that is provided by a producer for the purpose of obtaining coverage under any policy or plan of insurance made available under this subtitle to ensure that the eligibility information is correct; (ii) within a reasonable amount of time following— (I) the acreage reporting date, to correct unintentional errors in factual information that is provided by a producer after the sales closing date to reconcile the information with the information reported by the producer to the Farm Service Agency; or (II) the date of any subsequent correction of data by the Farm Service Agency made as a result of the verification of information; and (iii) at any time, to correct unintentional errors that were made by the Farm Service Agency or an agent or approved insurance provider in transmitting the information provided by the producer to the approved insurance provider or the Corporation. (B) Limitation In accordance with the procedures of the Corporation, correction to the information described in clauses (i) and (ii) of subparagraph (A) may only be made if the corrections do not allow the producer— (i) to avoid ineligibility requirements for insurance; (ii) to obtain, enhance, or increase an insurance guarantee or indemnity, or avoid premium owed, if a cause of loss exists or has occurred before any correction has been made; or (iii) to avoid an obligation or requirement under any Federal or State law. (C) Exception to late filing sanctions Any corrections made pursuant to this paragraph shall not be subject to any late filing sanctions authorized in the reinsurance agreement with the Corporation. . 11019. Implementation Section 515 of the Federal Crop Insurance Act ( 7 U.S.C. 1515 ) is amended— (1) in subsection (j), by striking paragraph (1) and inserting the following new paragraph: (1) Systems maintenance and upgrades (A) In general The Secretary shall maintain and upgrade the information management systems of the Corporation used in the administration and enforcement of this subtitle. (B) Requirement (i) In general In maintaining and upgrading the systems, the Secretary shall ensure that new hardware and software are compatible with the hardware and software used by other agencies of the Department to maximize data sharing and promote the purposes of this section. (ii) Acreage report streamlining initiative project As soon as practicable, the Secretary shall develop and implement an acreage report streamlining initiative project to allow producers to report acreage and other information directly to the Department. ; and (2) in subsection (k), by striking paragraph (1) and inserting the following new paragraph: (1) Information technology (A) In general For purposes of subsection (j)(1), the Corporation may use, from amounts made available from the insurance fund established under section 516(c), not more than— (i) (I) for fiscal year 2014, $25,000,000; and (II) for each of fiscal years 2015 through 2018, $10,000,000; or (ii) if the Acreage Crop Reporting Streamlining Initiative (ACRSI) project is substantially completed by September 30, 2015, not more than $15,000,000 for each of the fiscal years 2015 through 2018. (B) Notification The Secretary shall notify the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate of the substantial completion of the Acreage Crop Reporting Streamlining Initiative (ACRSI) project not later than July 1, 2015. . 11020. Research and development priorities (a) Authority to conduct research and development, priorities Section 522(c) of the Federal Crop Insurance Act ( 7 U.S.C. 1522(c) ) is amended— (1) in the subsection heading by striking contracting ; (2) in paragraph (1), in the matter preceding subparagraph (A), by striking may enter into contracts to carry out research and development to and inserting may conduct activities or enter into contracts to carry out research and development to maintain or improve existing policies or develop new policies to ; (3) in paragraph (2)— (A) in subparagraph (A), by inserting conduct research and development or after The Corporation may ; and (B) in subparagraph (B), by inserting conducting research and development or after Before ; (4) in paragraph (5), by inserting after expert review in accordance with section 505(e) after approved by the Board ; and (5) in paragraph (6), by striking a pasture, range, and forage program and inserting policies that increase participation by producers of underserved agricultural commodities, including sweet sorghum, biomass sorghum, rice, peanuts, sugarcane, alfalfa, and specialty crops . (b) Funding Section 522(e) of the Federal Crop Insurance Act ( 7 U.S.C. 1522(e) ) is amended— (1) in paragraph (2)— (A) by striking (A) Authority .— and inserting (A) Conducting and contracting for research and development .— ; (B) in subparagraph (A), by inserting conduct research and development and after the Corporation may use to ; and (C) in subparagraph (B), by inserting conduct research and development and after for the fiscal year to ; (2) in paragraph (3), by striking to provide either reimbursement payments or contract payments ; and (3) by striking paragraph (4). 11021. Additional research and development contracting requirements Section 522(c) of the Federal Crop Insurance Act ( 7 U.S.C. 1522(c) ) is amended— (1) by redesignating paragraph (17) as paragraph (23); and (2) by inserting after paragraph (16), the following new paragraphs: (17) Margin coverage for catfish (A) In general The Corporation shall offer to enter into a contract with a qualified entity to conduct research and development regarding a policy to insure producers against reduction in the margin between the market value of catfish and selected costs incurred in the production of catfish. (B) Eligibility Eligibility for the policy described in subparagraph (A) shall be limited to freshwater species of catfish that are propagated and reared in controlled or selected environments. (C) Implementation The Board shall review the policy described in subparagraph (B) under subsection 508(h) and approve the policy if the Board finds that the policy— (i) will likely result in a viable and marketable policy consistent with this subsection; (ii) would provide crop insurance coverage in a significantly improved form; (iii) adequately protects the interests of producers; and (iv) the proposed policy meets other requirements of this subtitle determined appropriate by the Board. (18) Biomass and sweet sorghum energy crop insurance policies (A) Authority The Corporation shall offer to enter into 1 or more contracts with qualified entities to carry out research and development regarding— (i) a policy to insure biomass sorghum that is grown expressly for the purpose of producing a feedstock for renewable biofuel, renewable electricity, or biobased products; and (ii) a policy to insure sweet sorghum that is grown for a purpose described in clause (i). (B) Research and development Research and development with respect to each of the policies required in subparagraph (A) shall evaluate the effectiveness of risk management tools for the production of biomass sorghum or sweet sorghum, including policies and plans of insurance that— (i) are based on market prices and yields; (ii) to the extent that insufficient data exist to develop a policy based on market prices and yields, evaluate the policies and plans of insurance based on the use of weather indices, including excessive or inadequate rainfall, to protect the interest of crop producers; and (iii) provide protection for production or revenue losses, or both. (19) Study on swine catastrophic disease program (A) In general The Corporation shall contract with a qualified person to conduct a study to determine the feasibility of insuring swine producers for a catastrophic event. (B) Report Not later than 1 year after the date of the enactment of this paragraph, the Corporation shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the results of the study conducted under subparagraph (A). (20) Whole farm diversified risk management insurance plan (A) In general The Corporation shall conduct activities or enter into contracts to carry out research and development to develop a whole farm risk management insurance plan, with a liability limitation of $1,000,000, that allows a diversified crop or livestock producer the option to qualify for an indemnity if actual gross farm revenue is below 85 percent of the average gross farm revenue or the expected gross farm revenue that can reasonably be expected of the producer, as determined by the Corporation. (B) Eligible producers The Corporation shall permit producers (including direct-to-consumer marketers and producers servicing local and regional and farm identity-preserved markets) who produce multiple agricultural commodities, including specialty crops, industrial crops, livestock, and aquaculture products, to participate in the plan in lieu of any other plan under this subtitle. (C) Diversification The Corporation may provide diversification-based additional coverage payment rates, premium discounts, or other enhanced benefits in recognition of the risk management benefits of crop and livestock diversification strategies for producers that grow multiple crops or that may have income from the production of livestock that uses a crop grown on the farm. (D) Market readiness The Corporation may include coverage for the value of any packing, packaging, or any other similar on-farm activity the Corporation determines to be the minimum required in order to remove the commodity from the field. (E) Report Not later than 2 years after the date of enactment of this paragraph, the Corporation shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the results and feasibility of the research and development conducted under this paragraph, including an analysis of potential adverse market distortions. (21) Study on poultry catastrophic disease program (A) In general The Corporation shall contract with a qualified person to conduct a study to determine the feasibility of insuring poultry producers for a catastrophic event. (B) Report Not later than 1 year after the date of the enactment of this paragraph, the Corporation shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the results of the study conducted under subparagraph (A). (22) Poultry business interruption insurance policy (A) Authority The Corporation shall offer to enter into a contract or cooperative agreement with a university or other legal entity to carry out research and development regarding a policy to insure the commercial production of poultry against business interruptions caused by integrator bankruptcy. (B) Research and development As part of the research and development conducted pursuant to a contract or cooperative agreement entered into under subparagraph (A), the entity shall— (i) evaluate the market place for business interruption insurance that is available to poultry growers; (ii) determine what statutory authority would be necessary to implement a business interruption insurance through the Corporation; (iii) assess the feasibility of a policy or plan of insurance offered under this subtitle to insure against losses due to the bankruptcy of an business integrator; and (iv) analyze the costs to the Federal Government of a Federal business interruption insurance program for poultry growers. (C) Definitions In this paragraph, the terms poultry and poultry grower have the meanings given those terms in section 2(a) of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 182(a) ). (D) Deadline for contract or cooperative agreement Not later than six months after the date of the enactment of this paragraph, the Corporation shall enter into the contract or cooperative agreement required by subparagraph (A). (E) Deadline for completion of research and development Not later than one year after the date of the enactment of this paragraph, the Corporation shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the results of the research and development conducted pursuant to the contract or cooperative agreement entered into under subparagraph (A). . 11022. Program compliance partnerships Paragraph (1) of section 522(d) of the Federal Crop Insurance Act ( 7 U.S.C. 1522(d) ) is amended to read as follows: (1) Purpose The purpose of this subsection is to authorize the Corporation to enter into partnerships with public and private entities for the purpose of either— (A) increasing the availability of loss mitigation, financial, and other risk management tools for producers, with a priority given to risk management tools for producers of agricultural commodities covered by section 196 of the Agricultural Market Transition Act ( 7 U.S.C. 7333 ), specialty crops, and underserved agricultural commodities; or (B) improving analysis tools and technology regarding compliance or identifying and using innovative compliance strategies. . 11023. Pilot programs Section 523(a) of the Federal Crop Insurance Act ( 7 U.S.C. 1523(a) ) is amended— (1) in paragraph (1), by inserting , at the sole discretion of the Corporation, after may ; and (2) by striking paragraph (5). 11024. Technical amendments (a) Eligibility for department programs Section 508(b) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(b) ) is amended— (1) by striking paragraph (7); and (2) by redesignating paragraphs (8) through (11) as paragraphs (7) through (10), respectively. (b) Exclusions to assistance for losses due to drought conditions (1) In general Section 531(d)(3)(A) of the Federal Crop Insurance Act ( 7 U.S.C. 1531(d)(3)(A) ) is amended— (A) by striking (A) Eligible losses .— and all that follows through An eligible in clause (i) and inserting the following: (A) Eligible losses An eligible ; (B) by striking clause (ii); and (C) by redesignating subclauses (I) and (II) as clauses (i) and (ii), respectively, and indenting appropriately. (2) Conforming amendment Section 901(d)(3)(A) of the Trade Act of 1974 ( 19 U.S.C. 2497(d)(3)(A) ) is amended— (A) by striking (A) Eligible losses .— and all that follows through An eligible in clause (i) and inserting the following: (A) Eligible losses An eligible ; (B) by striking clause (ii); and (C) by redesignating subclauses (I) and (II) as clauses (i) and (ii), respectively, and indenting appropriately. XII Miscellaneous A Livestock 12101. National Sheep Industry Improvement Center Section 375(e)(6)(C) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2008j(e)(6)(C) ) is amended by striking 2012 and inserting 2018 . 12102. Trichinae certification program (a) Alternative certification process The Secretary of Agriculture shall amend the rule made under paragraph (2) of section 11010(a) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8304(a) ) to implement the voluntary trichinae certification program established under paragraph (1) of such section, to include a requirement to establish an alternative trichinae certification process based on surveillance or other methods consistent with international standards for categorizing compartments as having negligible risk for trichinae. (b) Final regulations Not later than one year after the date on which the international standards referred to in subsection (a) are adopted, the Secretary shall finalize the rule amended under such subsection. (c) Reauthorization Section 10405(d)(1) of the Animal Health Protection Act ( 7 U.S.C. 8304(d)(1) ) is amended in subparagraphs (A) and (B) by striking 2012 each place it appears and inserting 2018 . 12103. National Aquatic Animal Health Plan Section 11013(d) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8322(d) ) is amended by striking 2012 and inserting 2018 . 12104. Country of origin labeling (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Agriculture, acting through the Office of the Chief Economist, shall conduct an economic analysis of the proposed rule entitled Mandatory Country of Origin Labeling of Beef, Pork, Lamb, Chicken, Goat Meat, Wild and Farm-raised Fish and Shellfish, Perishable Agricultural Commodities, Peanuts, Pecans, Ginseng and Macadamia Nuts published by the Department of Agriculture on March 12, 2013 (76 Fed. Reg. 15645). (b) Contents The economic analysis described in subsection (a) shall include, with respect to the labeling of beef, pork, and chicken, an analysis of the impact on consumers, producers, and packers in the United States of— (1) the implentation of subtitle D of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1638 et seq. ); and (2) the proposed rule referred to in subsection (a). 12105. National animal health laboratory network Subtitle E of title X of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8301 et seq. ) is amended by inserting after section 10409 the following new section: 10409A. National animal health laboratory network (a) In general The Secretary shall enter into contracts, grants, cooperative agreements, or other legal instruments with eligible laboratories for any of the following purposes: (1) To enhance the capability of the Secretary to detect, and respond in a timely manner to, emerging or existing threats to animal health and to support the protection of public health, the environment, and the agricultural economy of the United States. (2) To provide the capacity and capability for standardized— (A) test procedures, reference materials, and equipment; (B) laboratory biosafety and biosecurity levels; (C) quality management system requirements; (D) interconnected electronic reporting and transmission of data; and (E) evaluation for emergency preparedness. (3) To coordinate the development, implementation, and enhancement of national veterinary diagnostic laboratory capabilities, with special emphasis on surveillance planning and vulnerability analysis, technology development and validation, training, and outreach. (b) Eligibility An eligible laboratory under this section is a diagnostic laboratory meeting specific criteria developed by the Secretary, in consultation with State animal health officials and State and university veterinary diagnostic laboratories. (c) Priority To the extent practicable and to the extent capacity and specialized expertise may be necessary, the Secretary shall give priority to existing Federal, State, and university facilities. (d) Authorization of appropriations There are authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2014 through 2018. . B Socially disadvantaged producers and limited resource producers 12201. Outreach and assistance for socially disadvantaged farmers and ranchers and veteran farmers and ranchers (a) Outreach and assistance for socially disadvantaged farmers and ranchers and veteran farmers and ranchers Section 2501 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 2279 ) is amended— (1) in the section heading, by inserting and veteran farmers and ranchers after ranchers ; (2) in subsection (a)— (A) in paragraph (1), by inserting and veteran farmers or ranchers after ranchers ; (B) in paragraph (2)(B)(i), by inserting and veteran farmers or ranchers after ranchers ; and (C) in paragraph (4)— (i) in subparagraph (A)— (I) in the heading of such subparagraph, by striking 2012 and insering 2018 ; (II) in clause (i), by striking and at the end; (III) in clause (ii), by striking the period at the end and inserting ; and ; and (IV) by adding at the end the following new clause: (iii) $10,000,000 for each of fiscal years 2014 through 2018. ; and (ii) by adding at the end the following new subparagraph: (E) Authorization of appropriations There are authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2014 through 2018. ; (3) in subsection (b)(2), by inserting or veteran farmers and ranchers after socially disadvantaged farmers and ranchers ; (4) in subsection (c)— (A) in paragraph (1)(A), by inserting veteran farmers or ranchers and before members ; and (B) in paragraph (2)(A), by inserting veteran farmers or ranchers and before members ; and (5) in subsection (e)(5)(A)— (A) in clause (i), by inserting and veteran farmers or ranchers after ranchers ; and (B) in clause (ii), by inserting and veteran farmers or ranchers after ranchers . (b) Definition of veteran farmer or rancher Section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 2279(e) ) is amended by adding at the end the following new paragraph: (7) Veteran farmer or rancher The term veteran farmer or rancher means a farmer or rancher who served in the active military, naval, or air service, and who was discharged or released from the service under conditions other than dishonorable. . 12202. Office of Advocacy and Outreach Paragraph (3) of section 226B(f) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6934(f) ) is amended to read as follows: (3) Authorization of appropriations There are authorized to be appropriated to carry out this subsection— (A) such sums as are necessary for each of fiscal years 2009 through 2013; and (B) $2,000,000 for each of fiscal years 2014 through 2018. . C Other miscellaneous provisions 12301. Grants to improve supply, stability, safety, and training of agricultural labor force Subsection (d) of section 14204 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 2008q–1 ) is amended to read as follows: (d) Authorization of appropriations There are authorized to be appropriated to carry out this section— (1) such sums as are necessary for each of fiscal years 2008 through 2013; and (2) $10,000,000 for each of fiscal years 2014 through 2018. . 12302. Program benefit eligibility status for participants in high plains water study Section 2901 of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 ; 122 Stat. 1818) is amended by striking this Act or an amendment made by this Act and inserting this Act, an amendment made by this Act, the Federal Agriculture Reform and Risk Management Act of 2013 , or an amendment made by the Federal Agriculture Reform and Risk Management Act of 2013 . 12303. Office of Tribal Relations (a) In general Title III of the Federal Crop Insurance Reform and Department of Agriculture Reorganization Act of 1994 is amended by adding after section 308 ( 7 U.S.C. 3125a note; Public Law 103–354 ) the following new section: 309. Office of Tribal Relations The Secretary shall establish in the Office of the Secretary an Office of Tribal Relations to advise the Secretary on policies related to Indian tribes. . (b) Conforming amendment Section 296(b) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 7014(b) ) is amended by inserting after paragraph (8), as added by section 3207, the following new paragraph: (9) the authority of the Secretary to establish in the Office of the Secretary the Office of Tribal Relations in accordance with section 309; and . 12304. 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 new section: 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) serve as a resource for assisting veteran farmers and ranchers, and potential farmers and ranchers, in applying for participation in agricultural programs; and (4) advocate on behalf of veterans in interactions with employees of the Department. . (b) Conforming amendment Section 296(b) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 7014(b) ) is amended by inserting after paragraph (9), as added by section 12303, the following new paragraph: (10) the authority of the Secretary to establish in the Department the position of Military Veterans Agricultural Liaison in accordance with section 219. . 12305. Prohibition on keeping GSA leased cars overnight A Federal employee of a State office of the Farm Service Agency in the field and non-Federal employees of county and area committees established under section 8(b)(5) of the Soil Conservation and Domestic Allotment Act ( 16 U.S.C. 590h(b)(5) ) shall keep leased interagency motor pool vehicles at a location listed on the General Services Administration inventory of owned and leased properties or a location owned or leased by the Department of Agriculture overnight unless the employee assigned the vehicle is on overnight, approved travel status involving per diem. 12306. Noninsured crop assistance program Section 196 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333 ), as amended by section 11013(b), is further amended— (1) in subsection (a)— (A) by striking paragraph (1) and inserting the following new paragraph: (1) In general (A) Coverages In the case of an eligible crop described in paragraph (2), the Secretary of Agriculture shall operate a noninsured crop disaster assistance program to provide coverages based on individual yields (other than for value-loss crops) equivalent to— (i) catastrophic risk protection available under section 508(b) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(b) ); or (ii) additional coverage available under subsections (c) and (h) of section 508 of that Act ( 7 U.S.C. 1508 ) that does not exceed 65 percent. (B) Administration The Secretary shall carry out this section through the Farm Service Agency (referred to in this section as the Agency ). ; and (B) in paragraph (2)— (i) in subparagraph (A)— (I) in clause (i), by striking and after the semicolon at the end; (II) by redesignating clause (ii) as clause (iii); and (III) by inserting after clause (i) the following new clause: (ii) for which additional coverage under subsections (c) and (h) of section 508 of that Act ( 7 U.S.C. 1508 ) is not available; and ; and (ii) in subparagraph (B), by inserting sweet sorghum, biomass sorghum, before and industrial crops ; (2) in subsection (d), by striking The Secretary and inserting Subject to subsection (l), the Secretary ; and (3) by adding at the end the following new subsection: (l) Payment equivalent to additional coverage (1) In general The Secretary shall make available to a producer eligible for noninsured assistance under this section a payment equivalent to an indemnity for additional coverage under subsections (c) and (h) of section 508 of the Federal Crop Insurance Act ( 7 U.S.C. 1508 ) that does not exceed 65 percent of the established yield for the eligible crop on the farm, computed by multiplying— (A) the quantity that is not greater than 65 percent of the established yield for the crop, as determined by the Secretary, specified in increments of 5 percent; (B) 100 percent of the average market price for the crop, as determined by the Secretary; and (C) a payment rate for the type of crop, as determined by the Secretary, that reflects— (i) in the case of a crop that is produced with a significant and variable harvesting expense, the decreasing cost incurred in the production cycle for the crop that is, as applicable— (I) harvested; (II) planted but not harvested; or (III) prevented from being planted because of drought, flood, or other natural disaster, as determined by the Secretary; or (ii) in the case of a crop that is produced without a significant and variable harvesting expense, such rate as shall be determined by the Secretary. (2) Premium To be eligible to receive a payment under this subsection, a producer shall pay— (A) the service fee required by subsection (k); and (B) a premium for the applicable crop year that is equal to the product obtained by multiplying— (i) the number of acres devoted to the eligible crop; (ii) the established yield for the eligible crop, as determined by the Secretary under subsection (e); (iii) the coverage level elected by the producer; (iv) the average market price, as determined by the Secretary; and (v) .0525. (3) Limited resource, beginning, and socially disadvantaged farmers The additional coverage made available under this subsection shall be available to limited resource, beginning, and socially disadvantaged producers, as determined by the Secretary, in exchange for a premium that is 50 percent of the premium determined for a producer under paragraph (2). (4) Premium Payment and Application Deadline (A) Premium payment A producer electing additional coverage under this subsection shall pay the premium amount owed for the additional coverage by September 30 of the crop year for which the additional coverage is purchased. (B) Application Deadline The latest date on which additional coverage under this subsection may be elected shall be the application closing date described in subsection (b)(1). (5) Effective date Additional coverage under this subsection shall be available beginning with the 2015 crop. . 12307. Ensuring high standards for agency use of scientific information (a) Requirement for final guidelines Not later than January 1, 2014, each Federal agency shall have in effect guidelines for ensuring and maximizing the quality, objectivity, utility, and integrity of scientific information relied upon by such agency. (b) Content of guidelines The guidelines described in subsection (a), with respect to a Federal agency, shall ensure that— (1) when scientific information is considered by the agency in policy decisions— (A) the information is subject to well-established scientific processes, including peer review where appropriate; (B) the agency appropriately applies the scientific information to the policy decision; (C) except for information that is protected from disclosure by law or administrative practice, the agency makes available to the public the scientific information considered by the agency; (D) the agency gives greatest weight to information that is based on experimental, empirical, quantifiable, and reproducible data that is developed in accordance with well-established scientific processes; and (E) with respect to any proposed rule issued by the agency, such agency follows procedures that include, to the extent feasible and permitted by law, an opportunity for public comment on all relevant scientific findings; (2) the agency has procedures in place to make policy decisions only on the basis of the best reasonably obtainable scientific, technical, economic, and other evidence and information concerning the need for, consequences of, and alternatives to the decision; and (3) the agency has in place procedures to identify and address instances in which the integrity of scientific information considered by the agency may have been compromised, including instances in which such information may have been the product of a scientific process that was compromised. (c) Approval needed for policy decisions To take effect No policy decision issued after January 1, 2014, by an agency subject to this section may take effect prior to such date that the agency has in effect guidelines under subsection (a) that have been approved by the Director of the Office of Science and Technology Policy. (d) Policy decisions not in compliance (1) In general Subject to paragraph (2), a policy decision of an agency that does not comply with guidelines approved under subsection (c) shall be deemed to be arbitrary, capricious, an abuse of discretion, and otherwise not in accordance with law. (2) Exception This subsection shall not apply to policy decisions that are deemed to be necessary because of an imminent threat to health or safety or because of another emergency. (e) Definitions For purposes of this section: (1) Agency The term agency has the meaning given such term in section 551(1) of title 5, United States Code. (2) Policy decision The term policy decision means, with respect to an agency, an agency action as defined in section 551(13) of title 5, United States Code, (other than an adjudication, as defined in section 551(7) of such title), and includes— (A) the listing, labeling, or other identification of a substance, product, or activity as hazardous or creating risk to human health, safety, or the environment; and (B) agency guidance. (3) Agency guidance The term agency guidance means an agency statement of general applicability and future effect, other than a regulatory action, that sets forth a policy on a statutory, regulatory, or technical issue or on an interpretation of a statutory or regulatory issue. | https://www.govinfo.gov/content/pkg/BILLS-113hr1947ih/xml/BILLS-113hr1947ih.xml |
113-hr-1948 | I 113th CONGRESS 1st Session H. R. 1948 IN THE HOUSE OF REPRESENTATIVES May 13, 2013 Mr. Mica (for himself, Mr. Rahall , and Mr. Gibbs ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend the Federal Water Pollution Control Act to preserve the authority of each State to make determinations relating to the State’s water quality standards, and for other purposes.
1. Short title This Act may be cited as the Clean Water Cooperative Federalism Act of 2013 . 2. State water quality standards (a) State water quality standards Section 303(c)(4) of the Federal Water Pollution Control Act ( 33 U.S.C. 1313(c)(4) ) is amended— (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (2) by striking (4) and inserting (4)(A) ; (3) by striking The Administrator shall promulgate and inserting the following: (B) The Administrator shall promulgate ; and (4) by adding at the end the following: (C) Notwithstanding subparagraph (A)(ii), the Administrator may not promulgate a revised or new standard for a pollutant in any case in which the State has submitted to the Administrator and the Administrator has approved a water quality standard for that pollutant, unless the State concurs with the Administrator’s determination that the revised or new standard is necessary to meet the requirements of this Act. . (b) Federal licenses and permits Section 401(a) of such Act ( 33 U.S.C. 1341(a) ) is amended by adding at the end the following: (7) With respect to any discharge, if a State or interstate agency having jurisdiction over the navigable waters at the point where the discharge originates or will originate determines under paragraph (1) that the discharge will comply with the applicable provisions of sections 301, 302, 303, 306, and 307, the Administrator may not take any action to supersede the determination. . (c) State NPDES permit programs Section 402(c) of such Act ( 42 U.S.C. 1342(c) ) is amended by adding at the end the following: (5) Limitation on authority of Administrator to withdraw approval of State programs The Administrator may not withdraw approval of a State program under paragraph (3) or (4), or limit Federal financial assistance for the State program, on the basis that the Administrator disagrees with the State regarding— (A) the implementation of any water quality standard that has been adopted by the State and approved by the Administrator under section 303(c); or (B) the implementation of any Federal guidance that directs the interpretation of the State’s water quality standards. . (d) Limitation on authority of Administrator To object to individual permits Section 402(d) of such Act ( 33 U.S.C. 1342(d) ) is amended by adding at the end the following: (5) The Administrator may not object under paragraph (2) to the issuance of a permit by a State on the basis of— (A) the Administrator’s interpretation of a water quality standard that has been adopted by the State and approved by the Administrator under section 303(c); or (B) the implementation of any Federal guidance that directs the interpretation of the State’s water quality standards. . 3. Permits for dredged or fill material (a) Authority of EPA Administrator Section 404(c) of the Federal Water Pollution Control Act ( 33 U.S.C. 1344(c) ) is amended— (1) by striking (c) and inserting (c)(1) ; and (2) by adding at the end the following: (2) Paragraph (1) shall not apply to any permit if the State in which the discharge originates or will originate does not concur with the Administrator’s determination that the discharge will result in an unacceptable adverse effect as described in paragraph (1). . (b) State permit programs The first sentence of section 404(g)(1) of such Act (33 U.S.C. 1344(g)(1)) is amended by striking The Governor of any State desiring to administer its own individual and general permit program for the discharge and inserting The Governor of any State desiring to administer its own individual and general permit program for some or all of the discharges . 4. Deadlines for agency comments Section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 ) is amended— (1) in subsection (m) by striking ninetieth day and inserting 30th day (or the 60th day if additional time is requested) ; and (2) in subsection (q)— (A) by striking (q) and inserting (q)(1) ; and (B) by adding at the end the following: (2) The Administrator and the head of a department or agency referred to in paragraph (1) shall each submit any comments with respect to an application for a permit under subsection (a) or (e) not later than the 30th day (or the 60th day if additional time is requested) after the date of receipt of an application for a permit under that subsection. . 5. Applicability of amendments The amendments made by this Act shall apply to actions taken on or after the date of enactment of this Act, including actions taken with respect to permit applications that are pending or revised or new standards that are being promulgated as of such date of enactment. 6. Impacts of EPA regulatory activity on employment and economic activity (a) Analysis of impacts of actions on employment and economic activity (1) Analysis Before taking a covered action, the Administrator shall analyze the impact, disaggregated by State, of the covered action on employment levels and economic activity, including estimated job losses and decreased economic activity. (2) Economic models (A) In general In carrying out paragraph (1), the Administrator shall utilize the best available economic models. (B) Annual GAO report Not later than December 31st of each year, the Comptroller General of the United States shall submit to Congress a report on the economic models used by the Administrator to carry out this subsection. (3) Availability of information With respect to any covered action, the Administrator shall— (A) post the analysis under paragraph (1) as a link on the main page of the public Internet Web site of the Environmental Protection Agency; and (B) request that the Governor of any State experiencing more than a de minimis negative impact post such analysis in the Capitol of such State. (b) Public hearings (1) In general If the Administrator concludes under subsection (a)(1) that a covered action will have more than a de minimis negative impact on employment levels or economic activity in a State, the Administrator shall hold a public hearing in each such State at least 30 days prior to the effective date of the covered action. (2) Time, location, and selection A public hearing required under paragraph (1) shall be held at a convenient time and location for impacted residents. In selecting a location for such a public hearing, the Administrator shall give priority to locations in the State that will experience the greatest number of job losses. (c) Notification If the Administrator concludes under subsection (a)(1) that a covered action will have more than a de minimis negative impact on employment levels or economic activity in any State, the Administrator shall give notice of such impact to the State’s Congressional delegation, Governor, and Legislature at least 45 days before the effective date of the covered action. (d) Definitions In this section, the following definitions apply: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Covered action The term covered action means any of the following actions taken by the Administrator under the Federal Water Pollution Control Act ( 33 U.S.C. 1201 et seq. ): (A) Issuing a regulation, policy statement, guidance, response to a petition, or other requirement. (B) Implementing a new or substantially altered program. (3) More than a de minimis negative impact The term more than a de minimis negative impact means the following: (A) With respect to employment levels, a loss of more than 100 jobs. Any offsetting job gains that result from the hypothetical creation of new jobs through new technologies or government employment may not be used in the job loss calculation. (B) With respect to economic activity, a decrease in economic activity of more than $1,000,000 over any calendar year. Any offsetting economic activity that results from the hypothetical creation of new economic activity through new technologies or government employment may not be used in the economic activity calculation. | https://www.govinfo.gov/content/pkg/BILLS-113hr1948ih/xml/BILLS-113hr1948ih.xml |
113-hr-1949 | I 113th CONGRESS 1st Session H. R. 1949 IN THE HOUSE OF REPRESENTATIVES AN ACT To direct the Secretary of Education to convene the Advisory Committee on Improving Postsecondary Education Data to conduct a study on improvements to postsecondary education transparency at the Federal level.
1. Short title This Act may be cited as the Improving Postsecondary Education Data for Students Act . 2. Study on improvements to postsecondary education transparency at the Federal level (a) Formation of Advisory Committee on Improving Postsecondary Education Data (1) In general Not later than 30 days after the date of enactment of this Act, the Secretary of Education shall convene the Advisory Committee on Improving Postsecondary Education Data (in this Act referred to as the Advisory Committee ), which shall be comprised of 15 members who represent economically, racially, and geographically diverse populations appointed by the Secretary in consultation with the Commissioner for Education Statistics, including— (A) individuals representing different sectors of institutions of higher education, including individuals representing undergraduate and graduate education; (B) experts in the field of higher education policy; (C) State officials; (D) students and other stakeholders from the higher education community; (E) representatives from the business community; (F) experts in choice in consumer markets; (G) privacy experts; (H) college and career counselors at secondary schools; (I) experts in data policy, collection, and use; and (J) experts in labor markets. (2) Chairperson The Secretary shall appoint the Chairperson of the Advisory Committee. (b) Study required The Advisory Committee shall conduct a study examining— (1) the types of information, including information related to costs of postsecondary education, sources of financial assistance (including Federal student loans), student outcomes, and postgraduation earnings, the Federal Government should collect and report on institutions of higher education to assist students and families in their search for an institution of higher education; (2) how such information should be collected and reported, including how to disaggregate information on student outcomes by subgroups of students, such as full-time students, part-time students, nontraditional students, first generation college students, students who are veterans, and Federal Pell Grant recipients under subpart 1 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070a ); and (3) the ways in which the Federal Government may make such information more readily available to— (A) students and their families in a format that is easily accessible and understandable, and will aid students and their families in making decisions; and (B) States, local governments, secondary schools, individual or groups of institutions of higher education, and private-sector entities. (c) Scope of study In conducting the study under this Act, the Advisory Committee shall, at a minimum, examine— (1) whether the current Federal transparency initiatives on postsecondary education— (A) are reporting consistent information about individual institutions of higher education across Federal agencies; and (B) are similar to transparency initiatives on postsecondary education carried out by States, individual or groups of institutions of higher education, or private-sector entities; (2) whether— (A) the collection and reporting of postgraduation earnings by the Federal Government is feasible, and if feasible, the options for collecting and reporting such information; (B) collecting and reporting such information would improve the use of Federal transparency initiatives and ease decisionmaking for students and their families; and (C) collecting and reporting such information would have an impact on student privacy, and if so, how such impact may be minimized; (3) whether any other information, including information relating to student outcomes or identified under the review required under subsection (d) , should be collected and reported by the Federal Government to improve the utility of such initiatives for students and their families, and if so, how such information may be collected and reported, including whether the information should be disaggregated by subgroups of students; (4) whether any information currently collected and reported by the Federal Government on institutions of higher education is not useful for students and their families and should not be so collected and reported; (5) the manner in which the information from Federal transparency initiatives is made available to students and their families, and whether format changes may help the information become more easily understood and widely utilized by students and their families; (6) any activities being carried out by the Federal Government, States, individual or groups of institutions of higher education, or private-sector entities to help inform students and their families of the availability of Federal transparency initiatives; (7) the cost to institutions of higher education of reporting to the Federal Government the information that is being collected and reported through Federal transparency initiatives, and how such cost may be minimized; and (8) the relevant research described in subsection (d) . (d) Review of relevant research In conducting the study under this Act, the Advisory Committee shall review and consider— (1) research and studies, if any, that have been conducted to determine questions most frequently asked by students and families to help inform their search for an institution of higher education; (2) the types of information students seek before enrolling in an institution of higher education; (3) whether the availability to students and their families of additional information on institutions of higher education will be beneficial or confusing; (4) results, if any, that are available from consumer testing of Federal, State, institution of higher education, and private-sector transparency initiatives on postsecondary education that have been made publicly available on or after the date that is 10 years before the date of enactment of this Act; and (5) any gaps in the research, studies, and results described in paragraphs (1) and (4) relating to the types of information students seek before enrolling in an institution of higher education. (e) Consultation (1) In general In conducting the study under this Act, the Advisory Committee shall— (A) hold public hearings to consult with parents and students; and (B) consult with a broad range of interested parties in higher education, including appropriate researchers, representatives of secondary schools (including college and career counselors) and institutions of higher education from different sectors of such institutions (including undergraduate and graduate education), State administrators, and Federal officials. (2) Consultation with the authorizing committees The Advisory Committee shall consult on a regular basis with the authorizing committees in conducting the study under this Act. (f) Reports to authorizing committees (1) Interim report Not later than 180 days after the date of enactment of this Act, the Advisory Committee shall prepare and submit to the authorizing committees and the Secretary an interim report describing the progress made in conducting the study under this Act and any preliminary findings on the topics identified under subsection (c) . (2) Final report (A) In general Not later than 1 year after the date of enactment of this Act, the Advisory Committee shall prepare and submit to the authorizing committees and the Secretary a final report on the study, including— (i) recommendations for legislative, regulatory, and administrative actions based on findings related to the topics identified under subsection (c) ; and (ii) a summary of the research described in subsection (d) . (B) Consultation with NCES The Advisory Committee shall consult with the Commissioner of Education Statistics prior to making recommendations under subparagraph (A)(i) with respect to improving the information being collected and reported by the Federal Government on institutions of higher education. (g) Availability of funds The amount necessary to conduct the study under this Act shall be made available from amounts available to the Secretary for administrative expenses of the Department of Education. (h) Definitions For purposes of this Act: (1) Authorizing committees The term authorizing committees has the meaning given the term in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 ). (2) First generation college student The term first generation college student has the meaning given the term in section 402A(h) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–11(h) ). (3) Institution of higher education The term institution of higher education has the meaning given the term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ), except that such term does not include institutions described in subsection (a)(1)(C) of such section 102. (4) Secondary school The term secondary school has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (5) Secretary The term Secretary means the Secretary of Education. (6) State The term State has the meaning given the term in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 ). (7) Student The term student includes— (A) a prospective student; (B) a student enrolled in an institution of higher education; (C) a nontraditional student (as defined in section 803(j)(2) of the Higher Education Act of 1965 ( 20 U.S.C. 1161c(j)(2) )); and (D) a veteran (as defined in section 480(c)(1) of such Act ( 20 U.S.C. 1087vv(c)(1) )) who is a student or prospective student.
Passed the House of Representatives May 22, 2013. Karen L. Haas, Clerk. | https://www.govinfo.gov/content/pkg/BILLS-113hr1949eh/xml/BILLS-113hr1949eh.xml |
113-hr-1950 | I 113th CONGRESS 1st Session H. R. 1950 IN THE HOUSE OF REPRESENTATIVES May 13, 2013 Mr. Turner (for himself, Mr. Mica , Mr. Rodney Davis of Illinois , Mr. Bonner , Mr. Lankford , Mr. Bridenstine , Mr. Johnson of Ohio , Mr. Schweikert , Mr. Bilirakis , Mr. McKinley , Mr. Williams , Mr. Fitzpatrick , Mr. Rice of South Carolina , Mr. Cramer , Mr. Lance , Mr. Brooks of Alabama , Mr. Chabot , Mr. Fincher , Mr. Farenthold , Mr. Ross , Mr. Salmon , and Mr. Meehan ) introduced the following bill; which was referred to the Committee on the Judiciary , 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 18, United States Code, to prevent discriminatory misconduct against taxpayers by Federal officers and employees, and for other purposes.
1. Short title This Act may be cited as the Taxpayer Nondiscrimination & Protection Act of 2013 . 2. Misconduct against taxpayers by Internal Revenue Service employees (a) Criminal liability Chapter 13 of title 18, United States Code, is amended by adding at the end the following: 250. Misconduct against taxpayers by Internal Revenue Service employees Whoever being an employee of the Internal Revenue Service, engages, during the performance of that employee’s official duties, in an act or omission described in section 1203(b) of the Internal Revenue Service Restructuring and Reform Act of 1998 shall be fined under this title or imprisoned not more than 5 years, or both. . (b) Clarification of acts and omission constituting misconduct For purposes of section 1203 of the Internal Revenue Service Restructuring and Reform Act of 1998 and section 250 of title 18, United States Code (as added by this section) the protections and guarantees afforded under the First Amendment of the Constitution of the United States to political speech and political expression shall not fail to be treated as rights under the Constitution of the United States referred to in section 1203(b) of the Internal Revenue Service Restructuring and Reform Act of 1998. (c) Clerical amendment The table of sections for chapter 13 of title 18, United States Code, is amended by adding after the item relating to section 249 the following: 250. Discriminatory misconduct against taxpayers by Federal officers and employees. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1950ih/xml/BILLS-113hr1950ih.xml |
113-hr-1951 | I 113th CONGRESS 1st Session H. R. 1951 IN THE HOUSE OF REPRESENTATIVES May 13, 2013 Mr. Smith of New Jersey (for himself and Mr. Moran ) introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committees on Ways and Means , Financial Services , the Judiciary , 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 ensure compliance with the 1980 Hague Convention on the Civil Aspects of International Child Abduction by countries with which the United States enjoys reciprocal obligations, to establish procedures for the prompt return of children abducted to other countries, and for other purposes.
1. Short title and table of contents (a) Short title This Act may be cited as the Sean and David Goldman International Child Abduction Prevention and Return Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Findings; sense of Congress; purposes. Sec. 3. Definitions. Sec. 4. Funding. Title I—Department of State actions Sec. 101. Annual report. Sec. 102. Standards and assistance. Sec. 103. Memorandum of Understanding. Sec. 104. Notification of congressional representatives. Title II—Presidential actions Sec. 201. Presidential actions in response to unresolved cases. Sec. 202. Presidential actions in response to patterns of noncooperation in cases of international child abductions. Sec. 203. Consultations. Sec. 204. Report to Congress. Sec. 205. Presidential actions. Sec. 206. Effects on existing contracts. Sec. 207. Presidential waiver. Sec. 208. Publication in Federal Register. Sec. 209. Termination of Presidential actions. Sec. 210. United States assistance. Sec. 211. Multilateral assistance. Sec. 212. Amendment to generalized system of preferences eligibility for generalized system of preferences. 2. Findings; sense of Congress; purposes (a) Findings Congress finds the following: (1) Sean Goldman, a United States citizen and resident of New Jersey, was abducted from the United States in 2004 and separated from his father, David Goldman, who spent nearly six years battling for the return of his son from Brazil before Sean was finally returned to Mr. Goldman’s custody on December 24, 2009. (2) The Department of State’s Office of Children’s Issues, which serves as the Central Authority of the United States for the purposes of the 1980 Hague Convention on the Civil Aspects of International Child Abduction, has received thousands of requests since 2007 for assistance in the return to the United States of children who have been abducted by a parent or other legal guardian to another country. For a variety of reasons reflecting the significant obstacles to the recovery of abducted children, as well as the legal and factual complexity involving such cases, not all cases are reported to the Central Authority of the United States. (3) The number of outgoing international child abductions reported to the Central Authority of the United States has increased substantially since 2006. (4) Only about half of the children abducted from the United States to countries with which the United States enjoys reciprocal obligations under the Hague Abduction Convention are returned to the United States. (5) The United States and Convention countries have expressed their desire, through the Hague Abduction Convention, to protect children internationally from the harmful effects of their wrongful removal or retention and to establish procedures to ensure their prompt return to the State of their habitual residence, as well as to secure protection for rights of access. . (6) Compliance by the United States and Convention countries depends on the actions of their designated central authorities, the performance of their judiciaries as reflected in the legal process and decisions rendered to enforce or effectuate the Hague Abduction Convention, and the ability and willingness of their law enforcement to insure the swift enforcement of orders rendered pursuant to the Hague Abduction Convention. (7) The Central Authority of the United States reports that nearly 40 percent of abduction cases and access cases involve children taken from the United States to countries with which the United States does not have Hague Abduction Convention obligations or other agreements relating to the resolution of abduction cases and access cases. (8) According to the Department of State’s April 2010 Report on Compliance with the Hague Convention on the Civil Aspects of International Child Abduction, parental child abduction jeopardizes the child and has substantial long-term consequences for both the child and the left-behind parent. . (9) Abducted children are at risk of serious emotional and psychological problems and have been found to experience anxiety, eating problems, nightmares, mood swings, sleep disturbances, aggressive behavior, resentment, guilt and fearfulness, and as adults may struggle with identity issues, personal relationships, and parenting. (10) Left-behind parents may encounter substantial psychological and emotional problems, and few have the extraordinary financial resources necessary to pursue individual civil or criminal remedies in both the United States and a foreign country, even where available, or to engage in repeated foreign travel to attempt to procure the return of their children by evoking diplomatic and humanitarian remedies. (11) Left-behind parents who are military parents may be unable to leave their military duties to pursue multinational litigation or take leave to attend multiple court proceedings, and foreign authorities may not schedule proceedings to accommodate such duties. (b) Sense of Congress It is the sense of Congress that the United States should set a strong example for Convention countries in the timely location and return of abducted children in the United States whose habitual residence is not the United States. (c) Purposes The purposes of this Act are to— (1) protect children whose habitual residence is the United States from the harmful effects of abduction and to assist left-behind parents to have access to their abducted child in a safe and predictable manner, wherever the child is located, while an abduction case is pending; (2) provide left-behind parents, including military parents, their advocates, and judges the information they need to enhance the resolution of abduction cases and access cases through established legal procedures, the tools for assessing the risk of abduction and denial of rights of access, and the practical means for overcoming obstacles to recovering an abducted child; (3) establish measured, effective, and predictable actions to be undertaken by the President on behalf of abducted children whose habitual residence is the United States at the time of the abduction; (4) promote an international consensus that it is in the interest of children to have any issues related to their care and custody determined in the country of their habitual residence; (5) provide the necessary training for officials of the United States Armed Forces and the Department of Defense to establish policies and provide services to military parents that address the unique circumstances of abductions and violations of rights of access that may occur with regard to military dependent children; and (6) encourage the effective implementation of international mechanisms, particularly those established pursuant to the Hague Abduction Convention, to achieve reciprocity in the resolution of abductions and to protect children from the harmful effects of an abduction. 3. Definitions In this Act: (1) Abducted child The term abducted child means a child who is the victim of an abduction. (2) Abduction The term abduction means— (A) the alleged wrongful removal of a child from the child’s country of habitual residence; (B) the alleged wrongful retention of a child outside the child’s country of habitual residence; or (C) the alleged wrongful removal or retention of a military dependent child from the exercise of rights of custody of a military parent. (3) Abduction case The term abduction case means a case involving an application filed with the Central Authority of the United States by a left-behind parent for the resolution of an abduction. (4) Access case The term access case means a case involving an application filed with the Central Authority of the United States by a left-behind parent for the establishment of rights of access. (5) Annual Report The term Annual Report means the Annual Report on International Child Abduction required under section 101. (6) Application The term application means— (A) in the case of a Convention country, the application required pursuant to article 8 of the Hague Abduction Convention; (B) in the case of an MOU country, the formal document required pursuant to the provisions of the applicable MOU to request the return of an abducted child or to request rights of access, as applicable; and (C) in the case of a nonparty country, the formal request by the Central Authority of the United States to the Central Authority of such country requesting the return of an abducted child or for rights of access to an abducted child. (7) Appropriate congressional committees The term appropriate congressional committees means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. (8) Central Authority The term Central Authority means— (A) in the case of a Convention country, the meaning given such term in article 6 of the Hague Abduction Convention; (B) in the case of an MOU country, the official entity designated by the government of the MOU country within the applicable MOU pursuant to section 103(b)(1) to discharge the duties imposed on the entity in such MOU; and (C) in the case of a nonparty country, the foreign ministry of such country. (9) Child The term child means an individual who has not attained the age of 16. (10) Convention country The term Convention country means a country other than the United States that has ratified, acceded, or succeeded to the Hague Abduction Convention and with respect to which the United States has entered into a reciprocal agreement pursuant to the Hague Abduction Convention. (11) Hague Abduction Convention The term Hague Abduction Convention means the Convention on the Civil Aspects of International Child Abduction, done at The Hague on October 25, 1980. (12) Left-behind parent The term left-behind parent means— (A) regarding an abduction, an individual or entity, either individually or jointly, who alleges that an abduction has occurred that is in breach of rights of custody— (i) attributed to such individual or entity, as applicable; and (ii) exercised at the time of the abduction or that would have been exercised but for the abduction; and (B) regarding rights of access, an individual with rights of custody who is requesting establishment of rights of access or who alleges that rights of access are being denied. (13) Legal residence The term legal residence means the congressional district and State in which an individual either is residing, or if an individual is residing temporarily outside the United States, the congressional district and State to which the individual intends to return. (14) Military dependent child The term military dependent child means a child whose habitual residence is the United States according to United States law even though the child is residing outside the United States with a military parent. (15) Military parent The term military parent means an individual who has rights of custody over a child and who is serving outside the United States as a member of the United States Armed Forces. (16) MOU The term MOU means a memorandum of understanding between the United States and a country that is not a Convention country to resolve abduction cases and rights of access cases in accordance with section 104. (17) MOU country The term MOU country means a country with respect to which the United States has entered into an MOU. (18) Nonparty country The term nonparty country means a country that is neither a Convention country nor an MOU country. (19) Pattern of noncooperation (A) In general The term pattern of noncooperation means the persistent failure— (i) of a Convention country to implement and abide by the provisions of the Hague Abduction Convention; (ii) of an MOU Country to implement and abide by the provisions of the applicable MOU; and (iii) of a nonparty country to cooperate with the United States to expeditiously resolve abduction cases and access cases within a reasonable period of time. (B) Criteria Such persistent failure may be evidenced by one or more of the following criteria: (i) The existence of 10 or more unresolved cases. (ii) The failure of the Central Authority of the country to fulfill its responsibilities pursuant to the Hague Abduction Convention or the MOU, as applicable, or in the case of a nonparty country, the repeated failure of the Central Authority of the country to cooperate with the Central Authority of the United States to resolve unresolved cases. (iii) The failure of the judicial or administrative branch, as applicable, of the national government of the country to implement and comply with the provisions of the Hague Abduction Convention or the MOU, as applicable, or in the case of a nonparty country, the failure of the appropriate judicial or administrative branch of the national government of the country to expeditiously deliberate and render a decision in abduction cases and access cases. (iv) The failure of law enforcement to locate abducted children or to enforce return orders or determinations of rights of access rendered by the judicial or administrative authorities of the national government of the country in abduction cases or access cases. (20) Rights of access The term rights of access means the rights of contact between a child and a left-behind parent that may arise— (A) as a provisional measure while an abduction case is pending; and (B) by operation of law or by reason of judicial or administrative determination or by agreement having legal effect under the law of the country in which the child is located. (21) Rights of custody The term rights of custody means rights of care and custody of an abducted child, including the right to determine the place of residence of an abducted child— (A) attributed to an individual or entity, either individually or jointly, and (B) arising by operation of law or by reason of a judicial or administrative decision, or by reason of an agreement having legal effect, under the law of the country in which the child was an habitual resident immediately before the abduction. (22) Unresolved abduction case (A) In general Subject to subparagraph (B), the term unresolved abduction case means an abduction case that remains unresolved for a period that exceeds 6 weeks after the date on which the application for return of the child is submitted for determination to the judicial or administrative authority, as applicable, in the country in which the child is located. (B) Resolution of case An abduction case shall be considered to be resolved if— (i) the child is returned to the country of habitual residence, pursuant to the Hague Abduction Convention or MOU, if applicable; (ii) the judicial or administrative branch, as applicable, of the national government of the country in which the child is located has implemented and is complying with the provisions of the Hague Abduction Convention or the MOU, as applicable, and a final determination is made by such judicial or administrative branch that the child will not be returned to the country of habitual residence; or (iii) the child attains the age of 16. (23) Unresolved access case (A) In general Subject to subparagraph (B), the term unresolved access case means an access case that remains unresolved for a period that exceeds 6 weeks after the date on which the application for the establishment of rights of access is submitted to the judicial or administrative authority, as applicable, in the country in which the child is located. (B) Resolution of case An access case shall be considered to be resolved if— (i) rights of access are established for the left-behind parent and such parent is allowed access to the child in accordance with such rights; (ii) a final determination is made by the appropriate administrative or judicial entity in the country in which the child is located that the left-behind parent does not have rights of access and the United States Central Authority concludes that such determination is in accordance with applicable international standards; or (iii) the abduction case related to the unresolved access case is resolved. (24) Unresolved cases The term unresolved cases means unresolved abduction cases and unresolved access cases. 4. Funding Amounts necessary to carry out this Act shall be taken out of the discretionary funds available to the Secretary of State for each of the fiscal years 2014 through 2018. I Department of State actions 101. Annual report (a) In general Not later than March 31 of each year, the Secretary of State shall submit to the appropriate congressional committees an Annual Report on International Child Abduction. (b) Contents Each Annual Report shall, with respect to the preceding year, include the following: (1) For each country with respect to which there was 1 or more abduction cases: (A) Whether the country is a Convention country, an MOU country, or a nonparty country. (B) The number of abduction cases and the number of rights of access cases, respectively, reported. (C) The number of abduction cases and the number of access cases, respectively, that are pending. (D) (i) The number of abduction cases and the number of access cases, respectively, that were pending at any point for more than 90 days after the date on which the Central Authority of the United States transmitted the application for each such case to the Central Authority of such country, and were not submitted by the Central Authority to the judicial or administrative authority, as applicable, of such country within the 90-day period. (ii) The reason for the delay in submission of each case identified in clause (i) by the Central Authority of such country to the judicial or administrative authority. (E) The number of unresolved abduction cases and unresolved access cases, respectively, and the length of time each case has been pending. (F) The number of unresolved cases in which law enforcement has failed to locate the abducted child or to enforce a return order or determinations of rights of access rendered by the judicial or administrative authorities of such country. (G) The median time required for resolution of abduction cases and access cases, respectively, to be measured from the date on which the application with respect to the abduction case or access case is transmitted by the Central Authority of the United States to the Central Authority of such country to the date on which the abduction case or access case is resolved. (H) The percentage of the total number of abduction cases and access cases, respectively, resolved. (I) Detailed information about each case described in subparagraph (C) and on actions taken by the Department of State to resolve such case, including the specific actions taken by the United States chief of mission in such country. (J) Recommendations to improve resolution of abduction cases and access cases. (2) The number of abducted children from the United States who were returned to the United States from Conventions countries, MOU countries, and nonparty countries, respectively. (3) A list of Convention countries and MOU countries that have failed to comply with any of their obligations under the Hague Abduction Convention or the MOU, as applicable, with respect to the resolution of abduction cases and access cases. (4) A list of countries demonstrating a pattern of noncooperation, and a summary of the criteria on which the determination of a pattern of noncooperation for each country is based. (5) (A) Information on efforts by the Secretary of State to encourage other countries to become signatories to the Hague Abduction Convention or to enter into an MOU. (B) The efforts referred to in subparagraph (A) shall include efforts to address pending abduction cases and access cases in such country. (6) A description of the efforts of the Secretary of State to encourage Convention countries and MOU countries to facilitate the work of nongovernmental organizations within their respective countries that assist left-behind parents. (c) Exception The Annual Report shall not include— (1) the names of left-behind parents or children involved in abduction cases or access cases; or (2) information that may identify a party involved in an abduction case or access case unless the party stipulates in writing to the Central Authority of the United States that such information may be included in the Annual Report. (d) Additional thematic sections Each Annual Report shall also include— (1) information on the number of unresolved cases affecting left-behind parents who are military parents and a summary of assistance offered to such left-behind parents; (2) information on the use of airlines in abductions, including which airlines have been utilized to carry out an abduction, voluntary airline practices to prevent abductions, and recommendations for best airline practices to prevent abductions; (3) information on actions taken by the Central Authority of the United States to train domestic judges in application of the Hague Abduction Convention; and (4) information on actions taken by the Central Authority of the United States to train United States Armed Forces legal assistance personnel, military chaplains, and military family support center personnel about abductions, the risk of loss of access to children, and the legal frameworks available to resolve such cases. (e) Repeal of the Hague Convention compliance report Section 2803 of the Foreign Affairs Reform and Restructuring Act of 1998 ( 42 U.S.C. 11611 ) is repealed. 102. Standards and assistance The Secretary of State shall ensure that United States diplomatic and consular missions abroad— (1) maintain a consistent reporting standard with respect to abduction cases and access cases involving abducted children in the country in which such mission is located for purposes of the Annual Report; (2) designate at least one official in each such mission to assist left-behind parents from the United States who are visiting such country to resolve cases involving an abduction or rights of access; and (3) monitor developments in cases involving abducted children in the country in which such mission is located. 103. Memorandum of Understanding (a) In general The Secretary of State shall seek to enter into an MOU with every country that is not a Convention country. (b) MOU provisions An MOU shall include, with respect to the applicable MOU country— (1) identification of the Central Authority; (2) a protocol to identify, locate, and effectuate the return of an abducted child identified in an abduction case not later than 6 weeks after the application with respect to the abduction case has been submitted to the judicial or administrative authority, as applicable, of the country in which the abducted child is located; (3) a protocol for the establishment and protection of the rights of access; (4) identification of the judicial or administrative authority that will promptly adjudicate abduction cases and access cases; (5) identification of a law enforcement agency and available law enforcement mechanisms and procedures to ensure the immediate enforcement of an order issued by the authority identified pursuant to paragraph (4) to return an abducted child to a left-behind parent, including by— (A) conducting an investigation to ascertain the location of the abducted child; (B) providing protection to the abducted child after such child is located; and (C) retrieving the abducted child and making the appropriate arrangements for such child to be returned to the country of habitual residence; (6) a protocol to establish periodic visits between a United States embassy or consular official and an abducted child to allow the official to ascertain the child’s location and welfare; and (7) such other provisions as determined to be appropriate by the Secretary of State. (c) Rule of construction (1) In general Nothing in this Act shall be construed to prohibit the United States from proposing and entering into a memorandum of understanding with a Convention country to further clarify the reciprocal obligations of the United States and the Convention country under the Hague Abduction Convention. (2) Treatment of obligations of Convention country In those instances in which there is a memorandum of understanding as described in paragraph (1), the obligations of the Convention country under such memorandum shall be considered to be obligations of such country under the Hague Abduction Convention for purposes of this Act. 104. Notification of congressional representatives (a) Notification Except as provided in subsection (b), the Secretary of State shall notify in writing the Member of Congress and Senators representing the legal residence of a left-behind parent when such parent reports an abduction to the Central Authority of the United States. (b) Exception The notification requirement under subsection (a) shall not apply if the left-behind parent does not consent to the notification described in such subsection. (c) Member of Congress defined In this section, the term Member of Congress means a Representative in, or Delegate or Resident Commissioner to, the Congress. II Presidential actions 201. Presidential actions in response to unresolved cases (a) Response to international child abductions (1) United States policy It shall be the policy of the United States to— (A) promote the best interest of children abducted from the United States by establishing legal rights and procedures for their prompt return and by promoting such rights and procedures through actions that ensure the enforcement of reciprocal international obligations; and (B) recognize the international character of the Hague Abduction Convention, and the need for reciprocity pursuant to and the uniform international interpretation of the Hague Abduction Convention, by promoting the timely resolution of abduction cases and access cases through 1 or more of the actions described in section 205. (2) Requirement of Presidential Action Whenever the President determines that the government of a foreign country has failed to resolve an unresolved abduction case or unresolved access case, the President shall oppose such failure through one or more of the actions described in subsection (b). (b) Presidential actions (1) In general Subject to paragraphs (2) and (3), the President, in consultation with the Secretary of State, shall, as expeditiously as practicable in response to the failure described in subsection (a) by the government of a foreign country, take 1 or more of the actions described in paragraphs (1) through (18) of section 205(a) (or commensurate action as provided in section 205(b)) with respect to such country. (2) Deadline for actions (A) In general Except as provided in subparagraph (B), not later than March 31 of each year, the President shall take 1 or more of the actions described in paragraphs (1) through (18) of section 205(a) (or commensurate action as provided in section 205(b)) with respect to each foreign country the government of which has failed to resolve an unresolved abduction case or access case that is pending as of such date. (B) Exception In the case of an action under any of paragraphs (11) through (18) of section 205(a) (or commensurate action as provided in section 205(b))— (i) the action may only be taken after the requirements of sections 203 and 204 have been satisfied; and (ii) the March 31 deadline to take the action shall not apply. (3) Authority for delay of presidential actions The President may delay action described in any of the paragraphs (11) through (18) of section 205(a) (or commensurate action as provided in section 205(b)), as required under paragraph (2), if the President determines and certifies to the appropriate congressional committees that a single, additional period of time, not to exceed 90 days, is necessary— (A) for a continuation of negotiations that have been commenced with the country to resolve the unresolved case; or (B) in anticipation that the case will be resolved by such country during such 90-day period. (c) Implementation (1) In general In carrying out subsection (b), the President shall— (A) take 1 or more actions that most appropriately respond to the nature and severity of the failure to resolve the unresolved cases; and (B) seek to the fullest extent possible to target action as narrowly as practicable with respect to the agencies or instrumentalities of the foreign government that are responsible for such failures. (2) Guidelines for presidential actions In addition to the guidelines under paragraph (1), the President, in determining whether to take 1 or more actions under paragraphs (11) through (18) of section 205(a) (or commensurate action as provided in section 205(b)), shall seek to minimize any adverse impact on— (A) the population of the country whose government is targeted by the action or actions; and (B) the humanitarian activities of United States and foreign nongovernmental organizations in the country. 202. Presidential actions in response to patterns of noncooperation in cases of international child abductions (a) Response to a pattern of noncooperation (1) United states policy It shall be the policy of the United States to— (A) oppose institutional or other systemic failures of foreign governments to fulfill their obligations pursuant to the Hague Abduction Convention or MOU, as applicable, to resolve abduction cases and access cases; and (B) promote reciprocity pursuant to and compliance with the Hague Abduction Convention by Convention countries and compliance with the applicable MOU by MOU countries. (2) Requirement of presidential action Whenever the President determines that the government of a foreign country has engaged in a pattern of noncooperation, the President shall promote the resolution of the unresolved cases through one or more of the actions described in subsection (c). (b) Designations of countries with patterns of noncooperation in cases of international child abduction (1) Annual review (A) In general Not later than March 31 of each year, the President shall review the status of abduction cases and access cases in each foreign country to determine whether the government of such country has engaged in a pattern of noncooperation during the preceding 12 months or since the date of the last review of such country under this subparagraph, whichever period is longer. The President shall designate each country the government of which has engaged in a pattern of noncooperation as a Country With a Pattern of Noncooperation. (B) Basis of review Each review conducted under subparagraph (A) shall be based upon information contained in the latest Annual Report and on any other evidence available. (2) Determinations of responsible parties For the government of each country designated as a Country With a Pattern of Noncooperation under paragraph (1)(A), the President shall seek to determine the agencies or instrumentalities of such government that are responsible for the pattern of noncooperation by such government in order to appropriately target actions under this section in response. (3) Congressional notification Whenever the President designates a country as a Country With a Pattern of Noncooperation under paragraph (1)(A), the President shall, as soon as practicable after such designation is made, transmit to the appropriate congressional committees— (A) the designation of the country, signed by the President; and (B) the identification, if any, of responsible agencies or instrumentalities determined under paragraph (2). (c) Presidential actions with respect to a Country With a Pattern of Noncooperation (1) In general Subject to paragraphs (2) and (3) with respect to each Country With a Pattern of Noncooperation designated under subsection (b)(1)(A), the President shall, after the requirements of sections 203 and 204 have been satisfied, but not later than 90 days (or 180 days in case of a delay under paragraph (2)) after the date of such designation of the country under such subsection, take 1 or more of the actions under paragraphs (11) through (18) of section 205(a) (or commensurate action as provided in section 205(b)). (2) Authority for delay of presidential actions If, on or before the date that the President is required to take action under paragraph (1), the President determines and certifies to the appropriate congressional committees that a single, additional period of time not to exceed 90 days is necessary— (A) for a continuation of negotiations that have been commenced with the government of such country to bring about a cessation of the pattern of noncooperation by such country, or (B) for a review of corrective action taken by such country after designation of such country as a Country With a Pattern of Noncooperation under subsection (b)(1)(A) or in anticipation that corrective action will be taken by such country during such 90-day period, the President shall not be required to take such action until the expiration of such period of time. (3) Exception for ongoing presidential action (A) In general The President shall not be required to take action under paragraph (1) with respect to a Country With a Pattern of Noncooperation if— (i) the President has taken action pursuant to paragraph (1) with respect to such country in a preceding year, such action is in effect at the time such country is designated as a Country with a Pattern of Noncooperation under subsection (b)(1)(A), and the President submits to the appropriate congressional committees the information described in section 204 regarding the actions in effect with respect to such country; or (ii) subject to subparagraph (B), the President determines that such country is subject to multiple, broad-based sanctions imposed in significant part in response to human rights abuses and that such sanctions also satisfy the requirements of this subsection. (B) Additional requirements If the President makes a determination under subparagraph (A)(ii)— (i) the report under section 204 and, as applicable, the publication in the Federal Register under section 208, shall specify the specific sanction or sanctions that the President has determined satisfy the requirements of this subsection; and (ii) such sanctions shall remain in effect subject to section 209. (d) Rule of construction A determination under this section that a foreign country has engaged in a pattern of noncooperation shall not be construed to require the termination of assistance or other activities with respect to such country under any other provision of law, including section 116 or 502B of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151(n) or 2304). 203. Consultations (a) Duty To consult with foreign governments (1) In general As soon as practicable after the President makes a determination under section 201 in response to failures to resolve unresolved cases and the President decides to take action under paragraphs (11) through (18) of section 205(a) (or commensurate action as provided in section 205(b)) with respect to that country, or not later than 90 days after the President designates a country as a Country With a Pattern of Noncooperation pursuant to section 202(b)(1)(A), the President shall— (A) request consultation with the government of such country regarding the failures giving rise to designation of that country as a Country With a Pattern of Noncooperation regarding the pattern of noncooperation or to action under section 201; and (B) if agreed to, enter into such consultations with such country, privately or publicly. (2) Duty To consult with left-behind parents The President shall consult with left-behind parents who have an abduction case involving a child located in the country referenced in paragraph (1)(A), or designated representatives or representative groups of such left-behind parents, during the course of the consultations conducted pursuant to paragraph (1) concerning the potential impact of such consultations on the resolution of such cases. 204. Report to Congress (a) In general Subject to subsection (b), not later than 90 days after the President makes a determination under section 201 in response to failures to resolve unresolved cases and the President decides to take action under paragraphs (11) through (18) of section 205(a) (or commensurate action as provided in section 205(b)) with respect to that country, or not later than 90 days after the President designates a country as a Country With a Pattern of Noncooperation pursuant to section 202(b)(1)(A), the President shall transmit to the appropriate congressional committees a report on the following: (1) Identification of presidential actions An identification of the action or actions described in section 205(a) (or commensurate action as provided in section 205(b)) to be taken with respect to such country. (2) Description of violations A description of the failure to resolve an unresolved case or the pattern of noncooperation, as applicable, giving rise to the action or actions to be taken by the President. (3) Purpose of presidential actions A description of the purpose of the action or actions. (4) Evaluation (A) Description An evaluation, in consultation with the Secretary of State, the parties described in section 203(b), and other parties the President determines appropriate, of the anticipated impact of the Presidential action upon— (i) pending abduction cases in such country; (ii) the government of such country; (iii) the population of such country; (iv) the United States economy; (v) other interested parties; and (vi) if such country is a Convention country or an MOU country, the reciprocal fulfillment of obligations pursuant to such Convention or applicable MOU, as applicable. (B) Form The evaluation under subparagraph (A) shall be transmitted in unclassified form, but may contain a classified annex if necessary. (5) Statement of Policy Options A statement that noneconomic policy options designed to resolve the unresolved case or bring about the cessation of the pattern of noncooperation have reasonably been exhausted, including the consultations required in section 203. (b) Delay in transmittal of report If, on or before the date that the President is required to submit a report under subsection (a) to the appropriate congressional committees, the President determines and certifies to such committees that a single, additional period of time not to exceed 90 days is necessary pursuant to section 202(c)(2), the President shall not be required to submit the report to such committees until the expiration of such period of time. 205. Presidential actions (a) Description of presidential actions Except as provided in subsection (c), the Presidential actions referred to in this subsection are the following: (1) A private demarche. (2) An official public demarche. (3) A public condemnation. (4) A public condemnation within one or more multilateral fora. (5) The delay or cancellation of one or more scientific exchanges. (6) The delay or cancellation of one or more cultural exchanges. (7) The denial of one or more working, official, or state visits. (8) The delay or cancellation of one or more working, official, or state visits. (9) A formal request to the foreign country concerned to extradite the individual who is engaged in abduction. (10) The restriction of the number of visas issued to nationals of such country pursuant to subparagraphs (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)). (11) The withdrawal, limitation, or suspension of United States development assistance in accordance with section 116 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n). (12) Directing the Export-Import Bank of the United States, the Overseas Private Investment Corporation, or the Trade and Development Agency not to approve the issuance of any (or a specified number of) guarantees, insurance, extensions of credit, or participations in the extension of credit with respect to such government or the agency or instrumentality of such government determined by the President to be responsible for such unresolved case or pattern of noncooperation, as applicable. (13) The withdrawal, limitation, or suspension of United States security assistance in accordance with section 502B of the Foreign Assistance Act of 1961 (22 U.S.C. 2304). (14) In accordance with section 701 of the International Financial Institutions Act of 1977 (22 U.S.C. 262d), directing the United States executive directors of international financial institutions to oppose and vote against loans primarily benefitting such government or the agency or instrumentality of such government determined by the President to be responsible for such unresolved case or pattern of noncooperation, as applicable. (15) The denial, withdrawal, suspension, or limitation of benefits provided pursuant to title V of the Trade Act of 1974 ( 19 U.S.C. 2461 et seq. ), relating to the Generalized System of Preferences. (16) Ordering the heads of the appropriate United States 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 such government or to the agency or instrumentality of such government determined by the President to be responsible for such unresolved case or pattern of noncooperation, as applicable, under— (A) the Export Administration Act of 1979 (as continued in effect under 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. (17) Prohibiting any United States financial institution from making loans or providing credits totaling more than $10,000,000 in any 12-month period to such government or to the agency or instrumentality of such government determined by the President to be responsible for such unresolved case or pattern of noncooperation, as applicable. (18) Prohibiting the United States Government from procuring, or entering into any contract for the procurement of, any goods or services from such government or from the agency or instrumentality of such government determined by the President to be responsible for such unresolved case or pattern of noncooperation, as applicable. (b) Commensurate action Except as provided in subsection (c), the President may substitute any other action authorized by law for any action described in subsection (a) if such action is commensurate in effect to the action substituted and if such action would further the purposes of this Act as specified in section 2(c). The President shall seek to take all appropriate and feasible actions authorized by law to resolve the unresolved case or to obtain the cessation of such pattern of noncooperation, as applicable. If commensurate action is taken under this subsection, the President shall transmit to the appropriate congressional committees a report on such action, together with an explanation for taking such action. (c) Exceptions Any action taken pursuant to subsection (a) or (b) may not prohibit or restrict the provision of medicine, medical equipment or supplies, food, or other life-saving humanitarian assistance. 206. Effects on existing contracts The President shall not be required to apply or maintain any action under section 205— (1) in the case of procurement of defense articles or defense services— (A) under existing contracts or subcontracts, including the exercise of options for production quantities, to satisfy requirements essential to the national security of the United States; (B) if the President determines in writing and transmits to the appropriate congressional committees a report that the government or the agency or instrumentality of such government to which such action would otherwise be applied is a sole source supplier of such defense articles or services, that such defense articles or services are essential, and that alternative sources are not readily or reasonably available; or (C) if the President determines in writing and transmits to the appropriate congressional committees a report that such defense articles or services are essential to the national security of the United States under defense co-production agreements; or (2) to products or services provided under contracts entered into before the date on which the President publishes in the Federal Register notice of such action in accordance with section 208. 207. Presidential waiver (a) In general Subject to subsection (b), the President may waive the application of any of the actions described in paragraphs (11) through (18) of section 205(a) (or commensurate action as provided in section 205(b)) with respect to a country, if the President determines and so reports to the appropriate congressional committees that— (1) the government of such country has satisfactorily resolved any abduction cases or access cases giving rise to the application of any of such actions and— (A) if such country is a Convention country, such country has taken measures to ensure future compliance with the provisions of the Hague Abduction Convention; (B) if such country is an MOU country, such country has taken measures to ensure future compliance with the provisions of the MOU at issue; or (C) if such country was a nonparty country at the time the abductions or denials of rights of access resulting in the abduction cases or access cases occurred, such country has become a Convention country or an MOU country; (2) the exercise of such waiver authority would further the purposes of this Act; or (3) the important national interest of the United States requires the exercise of such waiver authority. (b) Congressional notification Not later than the date of the exercise of a waiver under subsection (a), the President shall notify the appropriate congressional committees of such waiver or the intention to exercise such waiver, together with a detailed justification thereof. 208. Publication in Federal Register (a) In general Subject to subsection (b), the President shall ensure publication in the Federal Register of the following: (1) Determinations of governments, agencies, instrumentalities of countries with patterns of noncooperation Any designation of a country that the President has designated as a Country With a Pattern of Noncooperation under section 202(b)(1), together with, when applicable and to the extent practicable, the identities of agencies or instrumentalities determined to be responsible for such pattern of noncooperation. (2) Presidential actions A description of any action under paragraphs (11) through (18) of section 205(a) (or commensurate action as provided in section 205(b)) and the effective date of such action. (3) Delays in transmittal of presidential action reports Any delay in transmittal of a report required under section 204. (4) Waivers Any waiver issued under section 207. (b) Limited disclosure of information The President may limit publication of information under this section in the same manner and to the same extent as the President may limit the publication of findings and determinations described in section 654(c) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2414(c) ), if the President determines that the publication of such information— (1) would be harmful to the national security of the United States; or (2) would not further the purposes of this Act. 209. Termination of Presidential actions Any action taken under this Act or any amendment made by this Act with respect to a foreign country shall terminate on the earlier of the following two dates: (1) Not later than two years after the effective date of such action unless expressly reauthorized by law. (2) The date on which the President transmits to Congress a certification containing a determination of the President that the government of such country has resolved any unresolved case or has taken substantial and verifiable steps to correct the pattern of noncooperation at issue, as applicable, that gave rise to such action. 210. United States assistance (a) Implementation of prohibition on economic assistance Section 116(c) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151n(c) ) is amended— (1) in paragraph (2), by striking and at the end; (2) in paragraph (3)(B), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new paragraph: (4) whether the government has engaged in a pattern of noncooperation regarding abduction cases or access cases, as such terms are defined in the Sean and David Goldman International Child Abduction Prevention and Return Act of 2013. . (b) Implementation of prohibition on security assistance Section 502B(a)(4) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2304(a)(4) ) is amended— (1) in subparagraph (A), by striking or at the end; (2) in subparagraph (B), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new subparagraph: (C) has engaged in a pattern of noncooperation regarding abduction cases or access cases, as such terms are defined in the Sean and David Goldman International Child Abduction Prevention and Return Act of 2013. . 211. Multilateral assistance Section 701 of the International Financial Institutions Act ( 22 U.S.C. 262d ) is amended— (1) by redesignating the second subsection (g) (as added by Public Law 105–292 ) as subsection (h); and (2) by adding at the end the following new subsection: (i) In determining whether the government of a country engages in a pattern of gross violations of internationally recognized human rights, as described in subsection (a), the President shall give particular consideration to whether such government has engaged in a pattern of noncooperation regarding abduction cases or access cases, as such terms are defined in the Sean and David Goldman International Child Abduction Prevention and Return Act of 2013. . 212. Amendment to generalized system of preferences eligibility for generalized system of preferences Section 502(b)(2) of the Trade Act of 1974 ( 19 U.S.C. 2462(b)(2) ) is amended— (1) by inserting after subparagraph (H) the following new subparagraph: (I) Such country is a country with a pattern of noncooperation regarding abduction cases or access cases, as such terms are defined in the Sean and David Goldman International Child Abduction Prevention and Return Act of 2013. ; and (2) in the flush left matter after subparagraph (I) (as added by paragraph (1) of this section)— (A) by striking and (H) and inserting (H) ; and (B) by inserting after D)) the following: and (I) . | https://www.govinfo.gov/content/pkg/BILLS-113hr1951ih/xml/BILLS-113hr1951ih.xml |
113-hr-1952 | I 113th CONGRESS 1st Session H. R. 1952 IN THE HOUSE OF REPRESENTATIVES May 13, 2013 Mr. Schweikert 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 the Securities and Exchange Commission to allow publicly traded companies with a certain sized public float to change their stocks’ tick sizes to increase liquidity by incentivizing capital commitment, research coverage, and brokerage support, thereby increasing the stocks’ liquidity and investor interest, and for other purposes.
1. Short title This Act may be cited as the Spread Pricing Liquidity Act of 2013 . 2. Tick size for certain issuers (a) In general Section 11A(c)(6) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78k–1(c)(6) ) is amended to read as follows: (6) Tick size for certain issuers (A) Selection (i) In general The board of directors of an issuer with a public float of $500,000,000 or less (based on a rolling average over the course of the preceding 3-month period) and an average daily trading volume of less than 500,000 shares may select to have the securities of the issuer quoted and traded using an increment of either $0.05 or $0.10. (ii) Manner of selection A selection under this subparagraph shall be made by informing the Commission and each exchange on which the securities of the issuer are quoted or traded. (iii) Limitation on certain issuers With respect to the average trading price in the most recent 1-month period for the securities of an issuer— (I) if such average price is less than $1, the issuer may not make the selection under this subparagraph; and (II) if such average price is $1 or more, but less than $2, the issuer may only select to have the securities of the issuer quoted and traded using an increment of $0.05. (iv) Consultation In making a selection under this subparagraph, the board of directors shall first consult with the issuer’s primary listing market. (B) Trading requirements If an issuer has made the selection under subparagraph (A)— (i) all quotes of the securities of such issuer shall be done using only the increment selected; (ii) an exchange on which the securities of such issuer are traded may not charge a fee for a person engaging in such a trade, unless such fee is uniform for all trades and based solely on the number of shares traded; and (iii) such selection shall not prevent the securities of the issuer being traded at increments other than the increment selected. (C) Right to opt out of selection (i) In general An issuer that has made the selection under subparagraph (A) may choose to opt out of such selection at any time after the 6-month period beginning on the date such selection was made. (ii) Manner of opt out An issuer that chooses to opt out of the selection under subparagraph (A) shall do so by informing the Commission and each exchange on which the securities of the issuer are quoted or traded. (iii) Future selection Subject to subparagraph (D), an issuer that opts out of the selection under subparagraph (A) may make the selection under subparagraph (A) again at any time after the 1-year period beginning on the date of the opt out. (D) Treatment of issuers surpassing cap If the public float of an issuer that has made the selection under subparagraph (A) rises above $500,000,000 (based on a rolling average over the course of a 3-month period) or the average daily trading volume of the issuer raises above 500,000 then, after the end of the 3-month period beginning on the date of such occurrence— (i) the issuer shall no longer be considered to have made the selection under subparagraph (A); and (ii) the issuer shall be ineligible to make a selection under subparagraph (A) during the 2-year period beginning after the end of such 3-month period, regardless of the issuer’s public float or average daily trading volume. (E) Study and Report (i) In general Not later than the end of the 9-month period beginning on the date of the enactment of this paragraph, and annually thereafter, the Commission shall carry out a study of the quoting and trading of securities in increments of $0.05 and $0.10 permitted by this paragraph, and the extent to which such a system is increasing liquidity by incentivizing capital commitment, research coverage, and brokerage support. (ii) Report to Congress Upon the completion of each study described under clause (i), the Commission shall issue a report to the Congress containing all of the findings and determinations made in carrying out such study, along with any legislative recommendations the Commission may have. (F) Definitions For purposes of this paragraph: (i) Average daily trading volume With respect to a security, the term average daily trading volume means the average, over the previous 3-month period, of— (I) the aggregate daily volume for bids made on the security within the price band; and (II) the aggregate daily volume for offers made on the security within the price band. (ii) Price band With respect to a security, the term price band means the range between the price that is 25 cents below the trading price of the security and the price that is 25 cents above the trading price of the security. (iii) Public float The term public float means the amount of equity of an issuer that is held by persons who are not affiliated with the issuer, determined by multiplying the number of shares of such stock by the price of one of such shares. . (b) Effective Date (1) In general Section 11A(c)(6) of the Securities Exchange Act of 1934, as amended by subsection (a), shall take effect— (A) with respect to an issuer with a public float of $100,000,000 or less (based on a rolling average over the course of the preceding 3-month period) and an average daily trading volume of less than 100,000, on the date of the enactment of this Act; (B) with respect to an issuer that is not described under subparagraph (A) and that has a public float of $250,000,000 or less (based on a rolling average over the course of the preceding 3-month period) and an average daily trading volume of less than 250,000, after the end of the 3-month period beginning on the date of the enactment of this Act; and (C) with respect to an issuer that is not described under subparagraph (A) or (B) and that has a public float of $500,000,000 or less (based on a rolling average over the course of the preceding 3-month period) and an average daily trading volume of less than 500,000, after the end of the 6-month period beginning on the date of the enactment of this Act. (2) Definitions For purposes of this subsection, the terms average daily trading volume and public float have the meaning given those terms, respectively, under section 11A(c)(6)(F) of the Securities Exchange Act of 1934. | https://www.govinfo.gov/content/pkg/BILLS-113hr1952ih/xml/BILLS-113hr1952ih.xml |
113-hr-1953 | I 113th CONGRESS 1st Session H. R. 1953 IN THE HOUSE OF REPRESENTATIVES May 13, 2013 Mr. Deutch (for himself, Mr. Buchanan , and Mr. Welch ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To establish an advisory office within the Bureau of Consumer Protection of the Federal Trade Commission to prevent fraud targeting seniors, and for other purposes.
1. Short title This Act may be cited as the Seniors Fraud Prevention Act of 2013 . 2. Office for the Prevention of Fraud Targeting Seniors (a) Establishment of advisory office The Federal Trade Commission shall establish an office within the Bureau of Consumer Protection for the purpose of advising the Commission on the prevention of fraud targeting seniors and to assist the Commission with the following: (1) Oversight The advisory office shall monitor the market for mail, television, Internet, and telemarketing fraud including recorded message telephone calls (hereinafter referred to as robocalls ) targeting seniors and shall coordinate with other relevant agencies regarding the requirements of this section. (2) Consumer education The Commission through the advisory office shall, after consultation with the Attorney General, the Secretary of Health and Human Services, the Postmaster General, the Chief Postal Inspector for the United States Postal Inspection Service, and other relevant agencies— (A) disseminate to seniors and families and caregivers of seniors general information on mail, television, Internet, telemarketing, and robocall fraud targeting seniors, including descriptions of the most common fraud schemes; (B) disseminate to seniors and families and caregivers of seniors information on reporting complaints of fraud targeting seniors either to the national toll-free telephone number established by the Commission for reporting such complaints, or to the Consumer Sentinel Network, operated by the Commission, where such complaints will become immediately available to appropriate law enforcement agencies, including the Federal Bureau of Investigation and the attorneys general of the States; (C) in response to a specific request about a particular entity or individual, provide publically available information of enforcement action taken by the Commission for mail, television, Internet, telemarketing, and robocall fraud against such entity; and (D) maintain a website to serve as a resource for information for seniors and families and caregivers of seniors regarding mail, television, Internet, telemarketing, robocall, and other identified fraud targeting seniors. (3) Complaints The Commission through the advisory office shall, after consultation with the Attorney General, establish procedures to— (A) log and acknowledge the receipt of complaints by individuals who believe they have been a victim of mail, television, Internet, telemarketing, and robocall fraud in the Consumer Sentinel Network, and must make those complaints immediately available to Federal, State, and local law enforcement authorities; and (B) provide to individuals described in subparagraph (A) , and to any other persons, specific and general information on mail, television, telemarketing and robocall fraud, including descriptions of the most common schemes using such methods of communication. (b) Commencement The Commission shall commence carrying out the requirements of this section not later than one year after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1953ih/xml/BILLS-113hr1953ih.xml |
113-hr-1954 | I 113th CONGRESS 1st Session H. R. 1954 IN THE HOUSE OF REPRESENTATIVES May 13, 2013 Mr. Hudson introduced the following bill; which was referred to the Committee on Oversight and Government Reform , 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 amend chapter 7 of title 31, United States Code, to require the Comptroller General to assist Congress and the President in eliminating agencies and programs in Executive departments that no longer serve a public need, and for other purposes.
1. Short title This Act may be cited as the Sunset Wasteful Executive Expenditures and Programs Act of 2013 . 2. Requirement for the Comptroller General to review Executive departments to ensure they continue to serve a public need (a) Amendment Chapter 7 of title 31, United States Code, is amended by adding at the end of subchapter II the following new section: 721. Review of Executive departments to ensure they continue to serve a public need (a) Review required Each year, beginning with 2014, the Comptroller General of the United States shall review three Executive departments, in the order of their creation, to identify agencies and programs within the jurisdiction of the departments that perform similar or related functions and that no longer serve a public need. The Comptroller General shall review every department at least once every five years. (b) Criteria The Comptroller General shall evaluate the efficiency and public need for each Executive department pursuant to subsection (a) using the following criteria: (1) The effectiveness and the efficiency of the operation of the programs carried out by each such Executive department. (2) Whether the programs carried out by the Executive department are cost-effective. (3) Whether the Executive department has acted outside the scope of its original authority, and whether the original objectives of the department have been achieved. (4) Whether less restrictive or alternative methods exist to carry out the functions of the Executive department. (5) The extent to which the jurisdiction of, and the programs administered by, the Executive department duplicate or conflict with the jurisdiction and programs of other Executive departments. (6) The potential benefits of consolidating programs administered by the Executive department with similar or duplicative programs of other Executive departments, and the potential for consolidating such programs. (7) The number and types of beneficiaries or persons served by programs carried out by the Executive department. (8) The extent to which any trends, developments, and emerging conditions that are likely to affect the future nature and extent of the problems or needs that the programs carried out by the Executive department are intended to address. (9) The extent to which the Executive department has complied with the provisions contained in sections 1115 through 1119 of this title (relating to Government performance planning and reporting). (10) Whether the Executive department has worked to enact changes in the law that are intended to benefit the public as a whole rather than the specific business, institution, or individuals that the department regulates. (11) The extent to which the Executive department has encouraged participation by the public as a whole in making its rules and decisions rather than encouraging participation solely by those it regulates. (12) The extent to which the public participation in rulemaking and decisionmaking of the Executive department has resulted in rules and decisions compatible with the objectives of the department. (13) The extent to which the Executive department complies with section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ). (14) The extent of the regulatory, privacy, and paperwork impacts of the programs carried out by the Executive department. (15) The extent to which changes are necessary in the authorizing statutes of the Executive department in order that the function of the department can be performed in the most efficient and effective manner. (c) Annual report and recommended legislation By February 1 of each year, beginning with February 1, 2015, the Comptroller General shall submit to Congress a report on the results of the review of the Executive departments carried out during the preceding year. The report shall include— (1) such recommendations as the Comptroller General considers necessary to facilitate the abolishment of agencies and programs within the Executive departments that perform similar or related functions that were identified pursuant to subsection (a) as no longer serving a public need; and (2) legislative language to implement those recommendations in a form appropriate for introduction in Congress as a bill. (d) Executive department defined In this section, the term Executive department means each department listed in section 101 of title 5, United States Code. . (b) Clerical amendment The table of sections at the beginning of chapter 7 of title 31, United States Code, is amended by adding at the end of subchapter II the following new item: 721. Review of Executive departments to ensure they continue to serve a public need. . 3. Congressional action to ensure Executive departments continue to serve a public need (a) Abolishment of departments (1) In general Not later than December 31 of each year, beginning with December 31, 2015, the three Executive departments that were reviewed by the Comptroller General of the United States during the preceding year pursuant to section 721 of title 31, United States Code, shall be abolished. (2) Winding down The President, in coordination with the Secretary of each Executive department concerned, shall direct the procedures for the winding down of the operations of departments abolished under subsection (a). (3) Extension The date of abolishment for an Executive department may be extended for an additional two years if Congress enacts legislation extending such date by a vote of three-fifths of the House of Representatives and of the Senate. (b) Continuation of departments (1) Approval of existence Congress may authorize the continued existence of an Executive department scheduled for abolishment by approving or rejecting the legislation containing the recommendations of the Comptroller General with respect to that department, as submitted under section 721(c)(2) of title 31, United States Code, and introduced as a bill under subsection (c). (2) Future recommendations Action of Congress approving of an Executive department scheduled for abolishment does not prevent the department from being abolished in the next cycle for consideration. (c) Process for consideration of Comptroller General’s report (1) Introduction After February 1 of each year, beginning with 2015, the legislation containing the recommendations of the Comptroller General with respect to the Executive departments reviewed during the preceding year, as submitted in the report of the Comptroller General under section 721(c)(2) of title 31, United States Code, shall be introduced in the Senate by the Majority Leader or the Majority Leader’s designee, and in the House of Representatives by the Speaker or the Speaker’s designee. Upon such introduction, the bill, to be known as a wasteful expenditures bill shall be referred to appropriate committees of Congress under paragraph (2). If the wasteful expenditures bill is not introduced in accordance with the preceding sentence, then any member of Congress may introduce such bill in the member’s respective House of Congress beginning on the date that is the fifth calendar day that such House is in session following the date of the submission of such aggregate legislative provisions. (2) Committee consideration (A) Referral A wasteful expenditures bill introduced under paragraph (1) shall be referred to any appropriate committee of jurisdiction in the Senate and the House of Representatives. A committee to which a wasteful expenditures bill is referred under this paragraph and may review and comment on such bill, may report such bill to the respective House, and may not amend such bill. (B) Reporting Not later than 60 legislative days after the introduction of the wasteful expenditures bill, each Committee of Congress to which the wasteful expenditures bill was referred shall report the bill. (C) Discharge of committee If a committee to which is referred a wasteful expenditures bill has not reported such bill at the end of 60 legislative days after its introduction or at the end of the first day after there has been reported to the House involved a wasteful expenditures bill, whichever is earlier, such committee shall be deemed to have been discharged from further consideration of such bill, and such bill shall be placed on the appropriate calendar of the House involved. (3) Expedited procedure (A) Consideration (i) In general Not later than 5 legislative days after the date on which a committee has reported a wasteful expenditures bill or been discharged from consideration of a wasteful expenditures bill, the Majority Leader of the Senate, or the Majority Leader’s designee, or the Speaker of the House of Representatives, or the Speaker’s designee, shall move to proceed to the consideration of the wasteful expenditures bill. It shall also be in order for any member of the Senate or the House of Representatives, respectively, to move to proceed to the consideration of the wasteful expenditures bill at any time after the conclusion of such 5-day period. (ii) Motion to proceed A motion to proceed to the consideration of a wasteful expenditures bill is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment or to a motion to postpone consideration of the wasteful expenditures bill. If the motion to proceed is agreed to, the Senate or the House of Representatives, as the case may be, shall immediately proceed to consideration of the wasteful expenditures bill without intervening motion, order, or other business, and the wasteful expenditures bill shall remain the unfinished business of the Senate or the House of Representatives, as the case may be, until disposed of. (iii) Limited debate Debate on the wasteful expenditures bill and on all debatable motions and appeals in connection therewith shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the wasteful expenditures bill. A motion further to limit debate on the wasteful expenditures bill is in order and is not debatable. All time used for consideration of the wasteful expenditures bill, including time used for quorum calls (except quorum calls immediately preceding a vote) and voting, shall come from the 10 hours of debate. (iv) Amendments No amendment to the wasteful expenditures bill shall be in order in the Senate and the House of Representatives. (v) Vote on final passage Immediately following the conclusion of the debate on the wasteful expenditures bill, the vote on final passage of the wasteful expenditures bill shall occur. (vi) Other motions not in order A motion to postpone consideration of the wasteful expenditures bill, a motion to proceed to the consideration of other business, or a motion to recommit the wasteful expenditures bill is not in order. A motion to reconsider the vote by which the wasteful expenditures bill is agreed to or not agreed to is not in order. (B) Consideration by the other House If, before the passage by one House of the wasteful expenditures bill that was introduced in such House, such House receives from the other House a wasteful expenditures bill as passed by such other House— (i) the wasteful expenditures bill of the other House shall not be referred to a committee and may only be considered for final passage in the House that receives it under subparagraph (C); (ii) the procedure in the House in receipt of the wasteful expenditures bill of the other House, shall be the same as if no wasteful expenditures bill had been received from the other House; and (iii) notwithstanding subparagraph (B), the vote on final passage shall be on the wasteful expenditures bill of the other House. (C) Disposition Upon disposition of a wasteful expenditures bill that is received by one House from the other House, it shall no longer be in order to consider the wasteful expenditures bill that was introduced in the receiving House. (4) Legislative day In this section, the term legislative day means a day on which either House of Congress is in session. (5) Rules of the Senate and the House of Representatives This section is enacted— (A) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and is deemed to be part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a wasteful expenditures bill, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (B) with full recognition of the constitutional right of either House to change the rules (so far as they relate to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. | https://www.govinfo.gov/content/pkg/BILLS-113hr1954ih/xml/BILLS-113hr1954ih.xml |