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113-hr-1955

I 113th CONGRESS 1st Session H. R. 1955 IN THE HOUSE OF REPRESENTATIVES May 13, 2013 Mrs. McCarthy of New York (for herself, Mr. Israel , Mr. King of New York , and Mr. Meeks ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To authorize the Secretary of the Interior to conduct a study of alternatives for commemorating Long Island’s aviation history, including a determination of the suitability and feasibility of designating parts of the study area as a unit of the National Park System, and for other purposes. 1. Short title This Act may be cited as the Long Island Aviation History Act . 2. Findings The Congress finds the following: (1) Long Island has played an indispensable role in the development of the aviation industry in the United States. In particular, the Hempstead Plains, Suffolk County Air Force Base, and parts of Bethpage, Port Washington, and Farmingdale contain notable landmarks of aviation history. (2) The Hempstead Plains encompass approximately 950 acres east of Clinton Road and south of Old Country Road in Garden City, New York, and have been called the Cradle of Aviation . (3) In the early 20th century, the Hempstead Plains had 3 major airfields, all of great historical significance: Roosevelt Field, Curtiss Field, and Mitchel Field. (4) During World War I, the airfields of Hempstead Plains were an important training center for United States military pilots, as well as a major hub for military aircraft research, development, and production. (5) The first transatlantic flight, carried out by the U.S. Navy Curtiss NC–4 in 1919, took off from Rockaway, New York, and cemented the United States leading role in aviation innovation. This aircraft was built at the Curtiss factory in Garden City—a building which still stands. (6) Roosevelt Field in Garden City, New York, was the point of departure for Charles Lindbergh’s famous transatlantic flight aboard the Spirit of St. Louis completed on May 20, 1927. (7) In 1929, Amelia Earhart and other pioneering women pilots founded the International Organization of Women Pilots, or the Ninety-Nines, at Curtiss Field. (8) Curtiss Field also served as the terminus for transcontinental airmail from 1918–1929. (9) In the 1930s, Roosevelt Field was the busiest civilian airfield in the United States, and played a role in many other historic transcontinental, transatlantic, and record-setting flights. (10) Port Washington, New York, once known as the Plymouth Rock of American aviation, was Pan American World Airways’ trans-Atlantic hub on Manhasset Isle from 1934 to 1940. (11) During World War II, Long Island was a crucial center of military aircraft production. These aircraft, produced in huge numbers for the Army, Navy, and foreign governments, were of excellent quality and had a major impact on the course of the war in all theaters. (12) Most notably, the Grumman Aircraft Company, based in Bethpage, New York, and the Republic Aviation Corporation, based in Farmingdale, New York, manufactured innovative planes that proved highly valuable to the U.S. military such as Grumman’s F6F–3 Hellcat and Republic’s P–47 Thunderbolt. (13) Mitchel Air Force Base, located on the Hempstead Plains, served as the original location of the Air Defense Command upon its inception in 1940, and was integral to the defense of the main-land United States during World War II and thereafter. (14) In 1951, the Suffolk County Air Force Base, located in Westhampton, New York, became the prime Air Defense Command base responsible for defending the New York City metropolitan area from all air attacks. (15) In 1962, Grumman won the contract to build the Lunar Module as part of the Apollo Program, and in 1969 the first men traveled to the moon aboard a spacecraft built with the expertise of Long Island’s aviation industry. 3. Special resource study (a) Study The Secretary of the Interior shall conduct a special resource study of the study area. (b) Contents In conducting the study under subsection (a), the Secretary shall— (1) evaluate the national significance of the study area based on an assessment of Long Island’s aviation history; (2) determine the suitability and feasibility of designating parts of the study area as a unit of the National Park System commemorating Long Island’s aviation history; (3) consider other alternatives for preservation, protection, and interpretation of the study area by Federal, State, or local governmental entities, or private and nonprofit organizations; (4) identify properties related to Long Island’s aviation history that could meet criteria for listing in the National Register of Historic Places or criteria for designation as National Historic Landmarks; (5) consult with interested Federal, State, or local governmental entities, private and nonprofit organizations, or any other interested individuals; (6) consider the appropriate management options needed to ensure the protection, preservation, and interpretation of the study area; (7) evaluate appropriate ways to enhance historical research, education, interpretation, and public awareness of Long Island’s aviation history; and (8) identify cost estimates for any Federal acquisition, development, interpretation, operation, and maintenance associated with the alternatives. (c) Study area The term study area means Long Island with a particular focus on the Hempstead Plains, the areas surrounding Suffolk County Air Force Base, the hamlet of Bethpage, the hamlet of Port Washington, and the village of Farmingdale. (d) Applicable law The study required under subsection (a) shall be conducted in accordance with section 8 of National Park Service General Authorities Act (16 U.S.C. 1a–5). (e) Report Not later than 3 years after the date on which funds are first made available for the study under subsection (a), 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 containing the results of the study and any conclusions and recommendations of the Secretary.

https://www.govinfo.gov/content/pkg/BILLS-113hr1955ih/xml/BILLS-113hr1955ih.xml

113-hr-1956

I 113th CONGRESS 1st Session H. R. 1956 IN THE HOUSE OF REPRESENTATIVES May 13, 2013 Mr. Owens introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title 31, United States Code, to provide for the issuance of War on Debt Bonds. 1. Short title This Act may be cited as the War on Debt Act of 2013 . 2. War on Debt Bonds (a) In general Subchapter I of chapter 31 of subtitle III of title 31, United States Code, is amended by inserting after section 3105 the following new section: 3105a. War on Debt Bonds (a) The Secretary shall establish and administer a new series of United States savings bonds, to be known as War on Debt Bonds . Proceeds from the bonds shall be used first solely to reduce the amount of foreign-held public debt, and then to reduce other public debt. (b) A War on Debt Bond shall not mature, and may not be redeemed by the holder, earlier than 50 years from the date of issue. An amount equal to 1/50 of the principal amount of any such bond shall be paid to the holder of such bond on the 5th anniversary, and each anniversary thereafter, and shall not be includible in gross income under the Internal Revenue Code of 1986. Interest shall be paid annually on the anniversary date of issuance, and shall not be includible in gross income under such Code. (c) War on Debt Bonds shall be issued at face value and in denominations of not less than $10,000, and shall bear interest at a rate determined by the Secretary to be equal to 90 percent of the interest rate for substantially similar AA rated State bonds, adjusted annually. (d) If during any fiscal year during which any War on Debt Bond is outstanding— (1) the Federal budget deficit for such fiscal year exceeds 3 percent of gross domestic product (as most recently computed and published by the Department of Commerce); or (2) the public debt exceeds 10 percent of gross domestic product (as so computed and published); then any such bond may be redeemed without regard to subsection (b). (e) A War on Debt Bond may only be held by— (1) a citizen or resident of the United States; (2) a domestic partnership, or domestic corporation, not more than 1 percent of the ownership interest of which is held (directly or indirectly) by a person who is not a United States person (as defined in section 7701(a)(30) of the Internal Revenue Code of 1986); or (3) an estate or trust which is a United States person (as so defined), unless there is a beneficiary of the trust who is not a United States person (as so defined). . (b) Clerical amendment The table of sections for subchapter I of chapter 31 of subtitle III of title 31, United States Code, is amended by inserting after section 3105 the following new item: 3105a. War on Debt Bonds. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1956ih/xml/BILLS-113hr1956ih.xml

113-hr-1957

I 113th CONGRESS 1st Session H. R. 1957 IN THE HOUSE OF REPRESENTATIVES May 13, 2013 Mr. Perry 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 amend titles 10 and 38, United States Code, to authorize the Secretary of Defense and the Secretary of Veterans Affairs to accept voluntary services from veterans and veterans service organizations at national cemeteries. 1. Short title This Act may be cited as the Volunteer Veterans for Cemetery Service Act . 2. Authority to accept voluntary services (a) Department of Defense Section 1588(a) of title 10, United States Code, is amended by adding at the end the following new paragraph: (10) Voluntary services performed by a veteran or a veterans service organization at a cemetery under the control of the Secretary to support the personnel of such cemetery, including by a veteran sharing with visitors to the cemetery the story of the military service of the veteran. . (b) Department of Veterans Affairs Section 2404(e) of title 38, United States Code, is amended— (1) by striking In carrying out and inserting (1) In carrying out ; and (2) by adding at the end the following: (2) (A) In carrying out the Secretary’s responsibilities under this chapter, the Secretary may accept voluntary services performed by a veteran or a veterans service organization at a national cemetery to support the personnel of such cemetery, including by a veteran sharing with visitors to the cemetery the story of the military service of the veteran. (B) The Secretary shall prescribe regulations to carry out subparagraph (A), including to ensure the proper qualifications, supervision, and role of a volunteer under such subparagraph. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1957ih/xml/BILLS-113hr1957ih.xml

113-hr-1958

I 113th CONGRESS 1st Session H. R. 1958 IN THE HOUSE OF REPRESENTATIVES May 14, 2013 Mr. Cummings introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To prohibit wholesalers from purchasing prescription drugs from pharmacies, and to enhance information and transparency regarding drug wholesalers engaged in interstate commerce. 1. Short title This Act may be cited as the Gray Market Drug Reform and Transparency Act of 2013 . 2. Prohibition against wholesale distributors purchasing prescription drugs from pharmacies (a) Prohibited act Section 301 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331 ) is amended by adding at the end the following: (ccc) The purchase or receipt by any person required to report under section 510(b)(4) (relating to wholesale distributors of prescription drugs) of any drug subject to section 503(b)(1) from a pharmacy or pharmacist, except that this paragraph does not apply to the return of a drug to the wholesale distributor from which the particular drug was purchased. . (b) 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 purchased or received in violation of section 301(aaa) (prohibiting the purchase or receipt of prescription drugs by wholesale distributors from pharmacists). . 3. Reporting by wholesale distributors of prescription drugs (a) Reporting requirement (1) In general Section 510 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360 ) is amended— (A) in subsection (b), by adding at the end the following: (4) On or before December 31 of each year, every person engaged in the wholesale distribution in interstate commerce of drugs subject to section 503(b)(1) shall report to the Secretary such person’s name, contact information for such person’s principal officer (or the designee thereof), such person’s places of business, such person’s licensing information (including the type of license and expiration date) for each State in which such person is so engaged, and such other information as the Secretary deems appropriate. ; (B) in subsection (c)— (i) by striking the second period at the end; and (ii) by adding at the end the following: Every person upon first engaging in the wholesale distribution in interstate commerce of drugs subject to section 503(b)(1) shall immediately report to the Secretary the information described in subsection (b)(4). (C) in subsection (d), by adding at the end the following: Every person duly reporting in accordance with the foregoing subsections shall immediately report to the Secretary with respect to any additional establishment which the person owns or operates in any State and in which the person begins the wholesale distribution in interstate commerce of drugs subject to section 503(b)(1). . (2) Reporting number Subsection (e) of section 510 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360 ) is amended— (A) by striking registration number and inserting registration or reporting number ; and (B) by inserting or reporting in accordance with subsections (b)(4), (c), or (d) after registered in accordance with this section . (3) Public availability; database Subsection (f) of section 510 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360 ) is amended— (A) by striking (f) and inserting (f)(1) ; and (B) by adding at the end the following: (2) (A) The Secretary, acting directly or by entering into a contract with a private entity, shall establish and maintain a database including all information reported under subsection (b)(4), the second sentence of subsection (c), and the second sentence of subsection (d). (B) Subject to subparagraph (C), the Secretary shall make the information in such database publicly available, including on the public Website of the Food and Drug Administration. (C) The Secretary may choose to restrict the Secretary’s disclosure of any information reported under subsection (b)(4), (c), or (d)— (i) that relates to a storage facility; and (ii) whose disclosure would, as determined by the Secretary, compromise the security of such facility. . (4) Conforming amendments (A) Section 301(p) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331(p) ) is amended by inserting the failure to report in accordance with subsection (b)(4), (c), or (d) of section 510, after The failure to register in accordance with section 510 or 905, . (B) Section 502(o) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 352(o) ) is amended by inserting if it was distributed in interstate commerce by a person in violation of the reporting requirements of subsection (b)(4), (c), or (d) of section 510, before if it was not included . (C) Section 510 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360 ) is amended— (i) in subsection (g)— (I) in paragraph (3), by adding or at the end; (II) by striking paragraph (4); (III) by redesignating paragraph (5) as paragraph (4); (IV) in paragraph (4) (as so redesignated), by inserting or reporting, as applicable, after registration ; and (V) by striking the matter following paragraph (4) (as so redesignated); (ii) in subsection (h), by adding at the end the following: (7) Wholesale distributors Every establishment in any State used by a person required to report under subsection (b)(4), (c), or (d) for the wholesale distribution in interstate commerce of drugs subject to section 503(b)(1) shall be subject to inspection pursuant to section 704. ; and (iii) in subsection (j), by adding at the end the following: (5) The provisions of this subsection shall apply with respect to a person required to report under subsection (b)(4), (c), or (d) for the wholesale distribution in interstate commerce of drugs subject to section 503(b)(1) to the same extent and in the same manner as such provisions apply to persons required to register under subsection (b), (c), (d), or (i), except that— (A) any reference to manufacturing shall be treated as a reference to wholesale distribution; and (B) any reference to a drug shall be treated as a reference to a drug subject to section 503(b)(1). ; and (D) in subsection (p)(1), by striking Registrations and listings under this section and inserting Registrations and listings under this section, and reports under subsection (b)(4), (c), and (d) before shall be submitted . (b) Information on State actions against wholesale distributors of prescription drugs Paragraph (2) of section 510(f) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360(f) ), as added by subsection (a)(3)(B) of this section, is amended— (1) in subparagraph (A), by adding at the end of the subparagraph the following: Such database shall also include information on actions (such as suspension or revocation of licensing) taken by States against persons engaged in wholesale distribution of drugs subject to section 503(b)(1). ; and (2) by adding at the end the following: (D) The Secretary shall encourage States to report the type of information described in the second sentence of subparagraph (A) to the Food and Drug Administration— (i) in a consistent manner; and (ii) on a voluntary basis. . (c) Fees for reporting Subchapter C of chapter VII ( 21 U.S.C. 379f et seq. ) is amended by adding at the end the following: 9 Fees relating to wholesale distributors of prescription drugs 744K. Authority to assess and collect fees (a) In general For fiscal year 2013 and each subsequent fiscal year, the Secretary shall assess and collect fees under this section from each person that reports under section 510(b)(4) to engage in the wholesale distribution in interstate commerce of drugs subject to section 503(b)(1). (b) Establishment of amount (1) In general Not later than 1 year after the date of the enactment of the Gray Market Drug Reform and Transparency Act of 2013 , the Secretary shall promulgate a final regulation establishing the amount of fees under this section for the period of fiscal years 2014 through 2018 so as to generate a total revenue amount not exceeding the Secretary’s estimate of 100 percent of the costs described in subsection (c) during such period. (2) Consideration In establishing the amount of fees under this section, the Secretary shall take into consideration the amount of annual revenues of a person to be assessed such fees in comparison with the amount of annual revenues of other persons to be assessed such fees. (c) Costs To be funded through fees The fees authorized by this section shall only be collected and available to pay the costs incurred by the Food and Drug Administration in— (1) implementing the reporting requirement under section 510(b)(4); and (2) establishing and maintaining an up-to-date database of the information collected pursuant to such requirement. (d) Crediting and availability fees Fees authorized under subsection (a) shall be collected and available for obligation only to the extent and in the amount provided in advance in appropriation Acts. Such fees are authorized to remain available until expended. Such sums as may be necessary may be transferred from the Food and Drug Administration salaries and expenses appropriation account without fiscal year limitation to such appropriation account for salaries and expenses with such fiscal year limitation. The sums transferred shall be available solely for the costs described in subsection (c). (e) Authorization of appropriations For each of the fiscal years 2014 through 2018, there is authorized to be appropriated for fees under this section an amount equal to the total revenue amount determined under subsection (b) for the fiscal year. (f) Offset If the sum of the cumulative amount of fees collected under this section for the fiscal years 2014 through 2016 and the amount of fees estimated to be collected under this section for fiscal year 2017 exceeds the cumulative amount appropriated pursuant to subsection (e) for the fiscal years 2014 through 2017, the excess shall be credited to the appropriation account of the Food and Drug Administration as provided in subsection (d), and shall be subtracted from the amount of fees that would otherwise be authorized to be collected under this section pursuant to appropriation Acts for fiscal year 2018. . 4. Identification of sales price for drugs in shortage (a) Identification of sales price for drugs in shortage Paragraph (1) of section 503(e) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 353(e) ) is amended— (1) in subparagraph (A), by inserting before the period at the end the following: , the amount paid for such drug by the person receiving it if such drug is in shortage at the time of the sale, and the amount paid for such drug for any prior sale that occurred at a time when such drug was in shortage ; and (2) by adding at the end the following new subparagraph: (C) In this paragraph, the term in shortage means listed on the public Website of the Food and Drug Administration, at the time of the sale to be identified in the statement required by subparagraph (A), as being in shortage. . (b) Applicability The amendment made by subsection (a) applies only with respect to sales of a drug occurring on or after the date that is 1 year after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1958ih/xml/BILLS-113hr1958ih.xml

113-hr-1959

I 113th CONGRESS 1st Session H. R. 1959 IN THE HOUSE OF REPRESENTATIVES May 14, 2013 Mr. Olson (for himself, Mr. Costa , Mr. Poe of Texas , Mr. Gene Green of Texas , Mr. Cuellar , Mr. Crawford , Mr. Hall , Mr. Cole , Mr. Farenthold , Mr. Griffin of Arkansas , Mr. Flores , Mr. Barton , Mr. Schrader , Mr. Vela , Mr. Welch , Mr. Marino , and Mr. Neugebauer ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Renewable Fuel Program in section 211(o) of the Clean Air Act to allow domestic alternative fuel to be used to satisfy a portion of the required applicable volume of renewable fuel. 1. Short title This Act may be cited as the Domestic Alternative Fuels Act of 2013 . 2. Inclusion of domestic alternative fuel in applicable volume of renewable fuel (a) Definition of domestic alternative fuel Section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)) is amended— (1) by redesignating subparagraphs (G) through (L) as subparagraphs (H) through (M), respectively; and (2) by inserting after subparagraph (F) the following: (G) Domestic alternative fuel The term domestic alternative fuel means ethanol that— (i) is produced from natural gas; and (ii) is used to replace or reduce the quantity of petroleum present in a transportation fuel. . (b) Applicable volume of renewable fuel and domestic alternative fuel Section 211(o)(2) of the Clean Air Act ( 42 U.S.C. 7545(o)(2) ) is amended— (1) in subparagraph (A)(i), by striking contains at least and all that follows through in accordance with subparagraph (B) and inserting the following: contains at least the applicable volume of renewable fuel, advanced biofuel, cellulosic biofuel, biomass-based diesel, and domestic alternative fuel, determined in accordance with subparagraph (B) ; and (2) in subparagraph (B)(i)— (A) in the heading of subclause (I), by striking Renewable fuel and inserting Renewable fuel and domestic alternative fuel ; (B) in subclause (I), by striking the applicable volume of renewable fuel for the calendar years 2006 through 2022 and inserting the applicable volume of renewable fuel for the calendar years 2006 through 2012, and the applicable volume of renewable fuel and domestic alternative fuel (in the aggregate) for the calendar years 2013 through 2022 ; and (C) in the table in subclause (I), by striking Applicable volume of renewable fuel and inserting Applicable volume of renewable fuel and domestic alternative fuel (in the aggregate) .

https://www.govinfo.gov/content/pkg/BILLS-113hr1959ih/xml/BILLS-113hr1959ih.xml

113-hr-1960

I 113th CONGRESS 1st Session H. R. 1960 IN THE HOUSE OF REPRESENTATIVES May 14, 2013 Mr. McKeon (for himself and Mr. Smith of Washington ) (both by request): introduced the following bill; which was referred to the Committee on Armed Services A BILL To authorize appropriations for fiscal year 2014 for military activities of the Department of Defense and for military construction, to prescribe military personnel strengths for such fiscal year, and for other purposes. 1. Short title This Act may be cited as the National Defense Authorization Act for Fiscal Year 2014 . 2. Organization of Act into divisions; table of contents (a) Divisions This Act is organized into two divisions as follows: (1) Division A—Department of Defense Authorizations. (2) Division B—Military Construction Authorizations. (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Organization of Act into divisions; table of contents. Division A—Department of Defense Authorizations Title I—Procurement Subtitle A—Authorization of Appropriations Sec. 101. Army. Sec. 102. Navy and Marine Corps. Sec. 103. Air Force. Sec. 104. Defense-wide activities. Sec. 105. Defense Production Act purchases. Subtitle B—Specific Programs Sec. 111. Multiyear procurement authority for E–2D aircraft program. Sec. 112. Modification to cost cap for CVN–78 aircraft carrier. Sec. 113. Clarification of limitations on retirement of B–52 bomber aircraft. Sec. 114. Repeal of limitation on retirement of KC–135E aircraft. Title II—Research, Development, Test, and Evaluation Sec. 201. Authorization of appropriations. Title III—Operation and Maintenance Subtitle A—Authorization of Appropriations Sec. 301. Operation and maintenance funding. Subtitle B—Program Matters Sec. 311. Five-year reauthorization of vessel war risk insurance program. Sec. 312. Revision to requirement for annual submission of information regarding information technology capital assets. Sec. 313. Authorized expenses in connection with humanitarian and civic assistance activities provided in conjunction with military operations. Title IV—MILITARY PERSONNEL AUTHORIZATIONS Subtitle A—Active Forces Sec. 401. End strengths for active forces. Subtitle B—Reserve Forces Sec. 411. End strengths for Selected Reserve. Sec. 412. End strengths for reserves on active duty in support of the reserves. Sec. 413. End strengths for military technicians (dual status). Sec. 414. Fiscal year 2014 limitation on number of non-dual status technicians. Sec. 415. Maximum number of reserve personnel authorized to be on active duty for operational support. Subtitle C—Authorization of Appropriations Sec. 421. Military personnel. Title V—MILITARY PERSONNEL AUTHORIZATIONS Subtitle A—Officer Personnel Policy Sec. 501. Information to be provided to boards considering officers for selective early removal from the reserve active-status list. Subtitle B—Reserve Component Management Sec. 511. Removal of restrictions on the transfer of officers to the inactive National Guard. Sec. 512. Pilot program to allow establishment of active status and inactive status lists of members in the inactive National Guard. Sec. 513. Forum for processing of complaints of wrongful discrimination by National Guard military technicians (dual status). Subtitle C—Education and Training Sec. 521. Extension of educational assistance for members of the Selective Reserve who are involuntarily separated. Sec. 522. Authority for joint professional military education phase II instruction and credit to be offered and awarded through the senior level course of the school of advanced military studies of the United States Army Command and General Staff College. Subtitle D—Administrative Procedure Sec. 531. Procedures for judicial review of military personnel decisions relating to correction of military records. Subtitle E—Decorations and Awards Sec. 541. Repeal of limitation on number of medals of honor that may be awarded to a member of the Armed Forces. Sec. 542. Standardization of time-limits for recommending and awarding a medal of honor, service cross, or distinguished-service medal across the Armed Forces. Sec. 543. Recodification and revision of Army, Navy, Air Force, and Coast Guard Medal of Honor Roll. Subtitle F—Other Matters Sec. 551. Authority to provide certain expenses for care and disposition of human remains that were retained by the Department of Defense for forensic pathology investigation. Sec. 552. Expansion of privileged information provision to debriefing reports of certain recovered persons who were never placed in a missing status. Sec. 553. Additional requirements for accounting for members of the Armed Forces and Department of Defense civilian employees listed as missing. Sec. 554. Family support programs for immediate family members of special operations forces members. Title VI—Compensation and Other Personnel Benefits Subtitle A—Pay and Allowances Sec. 601. Increase in military basic pay for fiscal year 2014. Sec. 602. Extension of temporary army authority to provide additional recruitment incentives. Subtitle B—Disability, Retired Pay, and Survivor Benefits Sec. 621. Overpayments of division of pay as a result of retroactive change in disposable retired pay. Title VII—HEALTH CARE PROVISIONS Sec. 701. Revisions to TRICARE cost sharing requirements. Sec. 702. Requirement for medicare participating physician or supplier to accept TRICARE and veterans affairs participating rates. Title VIII—Acquisition Policy, Acquisition Management, and Related Matters Sec. 801. Clarification of scope of supplies covered by statutory rapid acquisition authority. Sec. 802. Reduction in costs to report critical changes to major automated information system programs. Sec. 803. Modification of reporting requirement for Department of Defense business system acquisition programs when initial operating capability is not achieved within five years of Milestone A approval. Sec. 804. Enhanced transfer of technology developed at Department of Defense laboratories. Sec. 805. Extension of authority for program to award prizes for advanced technology achievements. Sec. 806. Revisions to eligibility for, and amount of, financial assistance under Department of Defense Science, Mathematics, and Research for Transformation program. Title IX—Department of Defense Organization and Management Sec. 901. Clarification of the order of precedence for the Principal Deputy Under Secretaries of Defense. Sec. 902. Update of statutory specification of functions of the Chairman of the Joint Chiefs of Staff relating to doctrine, training, and education. Sec. 903. Revision of Secretary of Defense authority to engage in commercial activities as security for intelligence collection activities. Sec. 904. Change to reference to the major Department of Defense headquarters activities issuance. Title X—General Provisions Subtitle A—Financial Matters Subtitle B—Naval Vessels Sec. 1011. Repeal of policy relating to propulsion systems of any new class of major combatant vessels of the strike forces of the United States Navy. Sec. 1012. Repeal of requirements relating to procurement of future surface combatants. Subtitle C—Other Matters Sec. 1031. Management of Department of Defense installations. Sec. 1033. Repeal and modification of reporting requirements. Title XI—Civilian Personnel Matters Sec. 1101. Expansion of protection of employees of nonappropriated fund instrumentalities from reprisals. Title XII—Matters Relating to Foreign Nations Sec. 1201. Five-year extension of authorization for non-conventional assisted recovery capabilities. Sec. 1202. Increase in annual limitation on transfer of excess defense articles. Title XIII—Other Authorizations Subtitle A—Military Programs Sec. 1301. Working capital funds. Sec. 1302. National Defense Sealift Fund. Sec. 1303. Joint Urgent Operational Needs Fund. Sec. 1304. Chemical agents and munitions destruction, defense. Sec. 1305. Drug interdiction and counter-drug activities, defense-wide. Sec. 1306. Defense Inspector General. Sec. 1307. Defense health program. Subtitle B—National Defense Stockpile Sec. 1311. Authority to acquire additional materials for the national defense stockpile. Subtitle C—Other Matters Sec. 1321. Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois. Sec. 1322. Authorization of appropriations for Armed Forces Retirement Home. Division B—MILITARY CONSTRUCTION AUTHORIZATIONS Sec. 2001. Short title. Sec. 2002. Expiration of authorizations and amounts required to be specified by law. Title XXI—ARMY MILITARY CONSTRUCTION Sec. 2101. Authorized Army construction and land acquisition projects. Sec. 2102. Family housing. Sec. 2103. Authorization of appropriations, Army. Sec. 2104. Modification of authority to carry out certain fiscal year 2004 project. Sec. 2105. Modification of authority to carry out certain fiscal year 2011 project. Sec. 2106. Modification of authority to carry out certain fiscal year 2010 project. Sec. 2107. Extension of authorizations of certain fiscal year 2010 projects. Sec. 2108. Extension of authorizations of certain fiscal year 2011 projects. Title XXII—NAVY MILITARY CONSTRUCTION Sec. 2201. Authorized Navy construction and land acquisition projects. Sec. 2202. Family housing. Sec. 2203. Improvements to military family housing units. Sec. 2204. Authorization of appropriations, Navy. Sec. 2205. Modification of authority to carry out certain fiscal year 2011 project. Sec. 2206. Modification of authority to carry out certain fiscal year 2012 project. Sec. 2207. Extension of authorizations of certain fiscal year 2011 projects. Sec. 2208. Extension of authorizations of certain fiscal year 2011 project. Title XXIII—AIR FORCE MILITARY CONSTRUCTION Sec. 2301. Authorized Air Force construction and land acquisition projects. Sec. 2302. Family housing. Sec. 2303. Improvements to military family housing units. Sec. 2304. Authorization of appropriations, Air Force. Sec. 2305. Extension of authorizations of certain fiscal year 2011 project. Title XXIV—DEFENSE AGENCIES MILITARY CONSTRUCTION Subtitle A—Defense Agency Authorizations Sec. 2401. Authorized defense agencies construction and land acquisition projects. Sec. 2402. Authorized energy conservation projects. Sec. 2403. Authorization of appropriations, Defense Agencies. Subtitle B—Chemical Demilitarization Authorizations Sec. 2411. Authorization of appropriations, chemical demilitarization construction, defense-wide. Title XXV—NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM Sec. 2501. Authorized NATO construction and land acquisition projects. Sec. 2502. Authorization of appropriations, NATO. Title XXVI—GUARD AND RESERVE FORCES FACILITIES Subtitle A—Project Authorizations and Authorization of Appropriations Sec. 2601. Authorized Army National Guard construction and land acquisition projects. Sec. 2602. Authorized Army Reserve construction and land acquisition projects. Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects. Sec. 2604. Authorized Air National Guard construction and land acquisition projects. Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects. Sec. 2606. Authorization of appropriations, National Guard and Reserve. Subtitle B—Other Matters Sec. 2611. Modification of authority to carry out certain fiscal year 2013 project. Sec. 2612. Extension of authorization of certain fiscal year 2011 project. Sec. 2613. Extension of authorization of certain fiscal year 2011 project. Title XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account. Title XXVIII—Military Construction General Provisions Subtitle A—Military Construction Program Changes Sec. 2801. Revisions to minor military construction authorities. Sec. 2802. Change in authorities relating to unspecified minor construction. Subtitle B—Real Property and Facilities Administration Sec. 2811. Authority for acceptance of funds to cover administrative expenses associated with real property leases and easements. Sec. 2812. Application of cash payments received for utilities and services. Sec. 2813. Acquisition of real property at Naval Base Ventura County, California. Subtitle C—Land Withdrawals Sec. 2821. Military land withdrawals and codification of statutory provisions relating to China Lake, Limestone Hills, Chocolate Mountain, and Twentynine Palms. Sec. 2822. Fort Bliss military land withdrawal. A Department of Defense Authorizations I Procurement A Authorization of Appropriations 101. Army Funds are hereby authorized to be appropriated for fiscal year 2014 for procurement for the Army as follows: (1) For aircraft, $5,024,387,000. (2) For missiles, $1,334,083,000. (3) For weapons and tracked combat vehicles, $1,597,267,000. (4) For ammunition, $1,540,437,000. (5) For other procurement, $6,465,218,000. 102. Navy and Marine Corps (a) Fiscal year 2014 Funds are hereby authorized to be appropriated for fiscal year 2014 for procurement for the Navy and Marine Corps as follows: (1) For aircraft, $17,927,651,000. (2) For weapons, including missiles and torpedoes, $3,122,193,000. (3) For shipbuilding and conversion, $14,077,804,000. (4) For other procurement, $6,310,257,000. (5) For procurement, Marine Corps, $1,343,511,000. (6) For ammunition procurement, Navy and Marine Corps, $589,267,000. (b) Authorization of advance appropriations Funds are hereby authorized to be appropriated for fiscal year 2015 in the amount of $952,739,000 for Shipbuilding and Conversion, Navy, for procurement of a Virginia class submarine. 103. Air Force Funds are hereby authorized to be appropriated for fiscal year 2014 for procurement for the Air Force as follows: (1) For aircraft, $11,398,901,000. (2) For ammunition, $759,442,000. (3) For missiles, $5,343,286,000. (4) For other procurement, $16,760,581,000. 104. Defense-wide activities Funds are hereby authorized to be appropriated for fiscal year 2014 for Defense-wide procurement in the amount of $4,534,083,000. 105. Defense Production Act purchases Funds are hereby authorized to be appropriated for fiscal year 2014 for purchases under the Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.) in the amount of $25,135,000. B Specific Programs 111. Multiyear procurement authority for E–2D aircraft program (a) Authority for multiyear procurement Subject to section 2306b of title 10, United States Code, the Secretary of the Navy may enter into a multiyear contract or contracts, beginning with the fiscal year 2014 program year, for the procurement of E–2D aircraft for the Department of the Navy. (b) Condition for out-Year contract payments A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2014 is subject to the availability of appropriations for that purpose for such later fiscal year. 112. Modification to cost cap for CVN–78 aircraft carrier (a) Cost cap baseline Subsection (a)(1) of section 122 of the John Warner National Defense Authorization Act for Fiscal Year 2007 ( Public Law 109–364 ; 120 Stat. 2104) is amended by striking $10,500,000,000 and inserting $12,887,000,000 . (b) Additional factor for adjustment of limitation amount Subsection (b) of such section is amended by adding at the end the following new paragraph: (7) The amounts of increases or decreases in costs of that ship that are attributable to the shipboard test program. . (c) Hull number Such section is further amended by striking CVN–21 in subsections (a)(1), (a)(2), and (b) and in the section heading and inserting CVN–78 . 113. Clarification of limitations on retirement of B–52 bomber aircraft Section 131(a)(1) of the John Warner National Defense Authorization Act for Fiscal Year 2007 ( Public Law 109–364 ; 120 Stat. 2111), as amended by section 137(a)(1) of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 122 Stat. 32), is further amended in subparagraph (C) by striking in a common capability configuration . 114. Repeal of limitation on retirement of KC–135E aircraft Section 135(b) of the John Warner National Defense Authorization Act for Fiscal Year 2007 ( Public Law 109–364 ; 120 Stat. 2114), as amended by section 131 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4377), is repealed. II Research, Development, Test, and Evaluation 201. Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal year 2014 for the use of the Department of Defense for research, development, test, and evaluation as follows: (1) For the Army, $7,989,102,000. (2) For the Navy, $15,974,780,000. (3) For the Air Force, $25,702,946,000. (4) For Defense-wide activities, $17,667,108,000. (5) For the Director of Operational Test and Evaluation, $186,300,000. III Operation and Maintenance A Authorization of Appropriations 301. Operation and maintenance funding Funds are hereby authorized to be appropriated for fiscal year 2014 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, in amounts as follows: (1) For the Army, $35,073,077,000. (2) For the Navy, $39,945,237,000. (3) For the Marine Corps, $6,254,650,000. (4) For the Air Force, $37,270,842,000. (5) For Defense-wide activities, $32,997,693,000. (6) For the Army Reserve, $3,095,036,000. (7) For the Navy Reserve, $1,197,752,000. (8) For the Marine Corps Reserve, $263,317,000. (9) For the Air Force Reserve, $3,164,607,000. (10) For the Army National Guard, $7,054,196,000. (11) For the Air National Guard, $6,566,004,000. (12) For the United States Court of Appeals for the Armed Forces, $13,606,000. (13) For the Department of Defense Acquisition Workforce Development Fund, $256,031,000. (14) For Environmental Restoration, Army, $298,815,000. (15) For Environmental Restoration, Navy, $316,103,000. (16) For Environmental Restoration, Air Force, $439,820,000. (17) For Environmental Restoration, Defense-wide, $10,757,000. (18) For Environmental Restoration, Formerly Used Defense Sites, $237,443,000. (19) For Overseas Humanitarian, Disaster, and Civic Aid programs, $109,500,000. (20) For Cooperative Threat Reduction programs, $528,455,000. (21) For Overseas Contingency Operations Transfer Fund, $5,000,000. B Program Matters 311. Five-year reauthorization of vessel war risk insurance program Section 53912 of title 46, United States Code, is amended by striking December 31, 2015 and inserting December 31, 2020 . 312. Revision to requirement for annual submission of information regarding information technology capital assets Section 351(a)(1) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 ( Public Law 107–314 ; 10 U.S.C. 221 note) is amended by striking in excess of $30,000,000 and all that follows and inserting (as computed in fiscal year 2000 constant dollars) in excess of $32,000,000 or an estimated total cost for the future-years defense program for which the budget is submitted (as computed in fiscal year 2000 constant dollars) in excess of $378,000,000, for all expenditures, for all increments, regardless of the appropriation and fund source, directly related to the assets definition, design, development, deployment, sustainment, and disposal. . 313. Authorized expenses in connection with humanitarian and civic assistance activities provided in conjunction with military operations (a) Coverage of certain travel, transportation, and subsistence expenses Section 401(c) of title 10, United States Code, is amended by inserting after paragraph (1) the following new paragraph (2): (2) Expenses covered by paragraph (1) include travel, transportation, and subsistence expenses of Department of Defense personnel for purposes of evaluating the scope of a humanitarian or civic assistance activity under this section or conducting assessments of such activities, except that the total value of such expenses incurred with respect to any activity may not exceed 10 percent of the activity value. . (b) Clerical amendment Such section is further amended by redesignating paragraph (4) as paragraph (3). IV MILITARY PERSONNEL AUTHORIZATIONS A Active Forces 401. End strengths for active forces The Armed Forces are authorized strengths for active duty personnel as of September 30, 2014, as follows: (1) The Army, 520,000. (2) The Navy, 323,600. (3) The Marine Corps, 190,200. (4) The Air Force, 327,600. B Reserve Forces 411. End strengths for Selected Reserve (a) In general The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2014, as follows: (1) The Army National Guard of the United States, 354,200. (2) The Army Reserve, 205,000. (3) The Navy Reserve, 59,100. (4) The Marine Corps Reserve, 39,600. (5) The Air National Guard of the United States, 105,400. (6) The Air Force Reserve, 70,400. (7) The Coast Guard Reserve, 9,000. (b) End strength reductions The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by— (1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and (2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year. (c) End strength increases Whenever units or individual members of the Selected Reserve for any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members. 412. End strengths for reserves on active duty in support of the reserves Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2014, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components: (1) The Army National Guard of the United States, 32,060. (2) The Army Reserve, 16,261. (3) The Navy Reserve, 10,159. (4) The Marine Corps Reserve, 2,261. (5) The Air National Guard of the United States, 14,734. (6) The Air Force Reserve, 2,911. 413. End strengths for military technicians (dual status) The minimum number of military technicians (dual status) as of the last day of fiscal year 2014 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following: (1) For the Army National Guard of the United States, 27,210. (2) For the Army Reserve, 8,395. (3) For the Air National Guard of the United States, 21,875. (4) For the Air Force Reserve, 10,429. 414. Fiscal year 2014 limitation on number of non-dual status technicians (a) Limitations (1) National guard Within the limitation provided in section 10217(c)(2) of title 10, United States Code, the number of non-dual status technicians employed by the National Guard as of September 30, 2014, may not exceed the following: (A) For the Army National Guard of the United States, 1,600. (B) For the Air National Guard of the United States, 350. (2) Army reserve The number of non-dual status technicians employed by the Army Reserve as of September 30, 2014, may not exceed 595. (3) Air force reserve The number of non-dual status technicians employed by the Air Force Reserve as of September 30, 2014, may not exceed 90. (b) Non-Dual status technicians defined In this section, the term non-dual status technician has the meaning given that term in section 10217(a) of title 10, United States Code. 415. Maximum number of reserve personnel authorized to be on active duty for operational support During fiscal year 2014, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under section 115(b) of title 10, United States Code, is the following: (1) The Army National Guard of the United States, 17,000. (2) The Army Reserve, 13,000. (3) The Navy Reserve, 6,200. (4) The Marine Corps Reserve, 3,000. (5) The Air National Guard of the United States, 16,000. (6) The Air Force Reserve, 14,000. C Authorization of Appropriations 421. Military personnel (a) Authorization of appropriations There is hereby authorized to be appropriated for military personnel for fiscal year 2014 a total of $130,399,881,000. (b) Construction of authorization The authorization of appropriations in subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2014. V MILITARY PERSONNEL AUTHORIZATIONS A Officer Personnel Policy 501. Information to be provided to boards considering officers for selective early removal from the reserve active-status list Section 14704(a) of title 10, United States Code, is amended— (1) by inserting (1) after Active-Status List .— ; (2) by striking all ; (3) by striking , in the number specified by the Secretary by each grade and competitive category ; and (4) by adding at the end the following new paragraphs: (2) The Secretary of the military department concerned shall specify the number of officers described in paragraph (1) that a selection board convened under section 14101(b) of this title may recommend for removal from the reserve active-status list. (3) When the Secretary of the military department concerned submits a list of officers to a selection board convened under section 14101(b) of this title to consider officers for selection for removal from the reserve active-status list under this section, such list (except as provided in paragraph (4)) shall include each officer on the reserve active-status list in the same grade and competitive category whose position on the reserve active-status list is between that of the most junior officer in that grade and competitive category whose name is submitted to the board and that of the most senior officer in that grade and competitive category whose name is submitted to the board. (4) A list under paragraph (3) may not include an officer in that grade and competitive category who has been approved for voluntary retirement or who is to be involuntary retired under any provision of law during the fiscal year in which the selection board is convened or during the following fiscal year. . B Reserve Component Management 511. Removal of restrictions on the transfer of officers to the inactive National Guard (a) Removal of restrictions Chapter 3 of title 32, United States Code, is amended by adding at the end the following new section: 311. Active and inactive National Guard; transfer of officers During the period ending on December 31, 2016, nothing in this chapter shall prevent any of the following: (1) An officer of the Army National Guard who fills a vacancy in a federally recognized unit of the Army National Guard from being transferred from the active Army National Guard to the inactive Army National Guard. (2) An officer of the Air National Guard who fills a vacancy in a federally recognized unit of the Air National Guard from being transferred from the active Air National Guard to the inactive Air National Guard. (3) An officer of the Army National Guard transferred to the inactive Army National Guard from being transferred from the inactive Army National Guard to the active Army National Guard to fill a vacancy in a federally recognized unit. (4) An officer of the Air National Guard transferred to the inactive Air National Guard from being transferred from the inactive Air National Guard to the active Air National Guard to fill a vacancy in a federally recognized unit. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 311. Active and inactive National Guard; transfer of officers. . 512. Pilot program to allow establishment of active status and inactive status lists of members in the inactive National Guard (a) Authority To maintain active and inactive status lists in the inactive national guard Section 303 of title 32, United States Code, is amended by adding at the end the following new subsection: (d) (1) The Secretary of the Army and the Secretary of the Air Force may maintain an active status list and an inactive status list of members in the inactive Army National Guard and the inactive Air National Guard, respectively. (2) The total number of Army National Guard and Air National Guard members, combined, on the active status lists and the inactive status lists assigned to the inactive National Guard may not exceed 10,000 during any period. (3) The total number of Army National Guard and Air National Guard members, combined, on the active status lists of the inactive National Guard may not exceed 4,000 during any period. (4) The authority under this subsection expires at the close of December 31, 2016. . (b) Two-Way transfers of members formerly enlisted in inactive national guard Subsection (b) of such section is amended— (1) by striking Under such at the beginning of the first sentence and inserting (1) Except as provided in paragraph (2) and under such ; (2) by striking Under such at the beginning of the second sentence and inserting Except as provided in paragraph (2) and under such ; and (3) by adding at the end the following new paragraph: (2) During the period beginning on the date of the enactment of this paragraph and ending on December 31, 2016, an enlisted member of the active Army National Guard may be transferred to the inactive Army National Guard without regard to whether the member was formerly enlisted in the inactive Army National Guard and an enlisted member of the active Air National Guard may be transferred to the inactive Air National Guard without regard to whether the member was formerly enlisted in the inactive Air National Guard. . (c) Definition of active status Section 101(d)(4) of title 10, United States Code, is amended by adding at the end the following new sentence: However, in the case of members of the Army National Guard of the United States during any period during which there is an inactive status list for the inactive Army National Guard under section 303(d) of title 32, such term means the status of such a member who is not assigned to the inactive status list of the inactive Army National Guard, on another inactive status list, or in the Retired Reserve, and in the case of members of the Air National Guard of the United States during any period during which there is an inactive status list for the inactive Air National Guard under section 303(d) of title 32, such term means the status of such a member who is not assigned to the inactive status list of the inactive Air National Guard, on another inactive status list, or in the Retired Reserve. . (d) Members in inactive status; training categories Section 10141 of such title is amended by adding at the end the following new subsection: (d) (1) During any period during which there is an inactive status list for the inactive Army National Guard under section 303(d) of title 32— (A) the first sentence of subsection (b) shall apply only with respect to Reserves assigned to the inactive Army National Guard who are assigned to the inactive status list; and (B) the exclusion of the Army National Guard of the United States under the first sentence of subsection (c) shall be inapplicable. (2) During any period during which there is an inactive status list for the inactive Air National Guard under section 303(d) of title 32— (A) the first sentence of subsection (b) shall apply only with respect to Reserves assigned to the inactive Air National Guard who are assigned to the inactive status list; and (B) the exclusion of the Air National Guard of the United States under the first sentence of subsection (c) shall be inapplicable. . (e) Computation of years of service for entitlement to retired pay Paragraph (3) of section 12732(b) of such title is amended to read as follows: (3) Service in the inactive National Guard (for any period other than a period during which there is an inactive status list for the inactive National Guard under section 303(d) of title 32) and service while assigned to the inactive status list of the inactive National Guard (for any period during which there is an inactive status list for the inactive National Guard under section 303(d) of title 32). . (f) Eligibility for inactive-Duty training pay Section 206(c) of title 37, United States Code, is amended by adding at the end the following new sentence: However, with respect to any period during which there is an inactive status list for the inactive National Guard under section 303(d) of title 32, the limitation in the preceding sentence shall be applicable to persons assigned to the inactive status list of the inactive National Guard, rather than to persons enlisted in the inactive National Guard. . (g) Evaluation of the pilot program By the end of the pilot period, the Department of Defense shall commission an independent study evaluating the effectiveness of using the active status Inactive National Guard to improve the readiness of the Army National Guard. The study should include, for each year of the pilot, information on— (1) how many personnel were transferred to the active status Inactive National Guard; (2) how many of these vacancies were filled with personnel new to the Army National Guard; (3) the additional cost of filling these positions; and (4) impact on drill and annual training participation rates. The study also should assess the impact on medical readiness category 3B personnel transferred to the active status Inactive National Guard, including how long it took them to complete the Integrated Disability Evaluation System (IDES) process, and how satisfied they were with their unit’s management and collaboration during the IDES process. 513. Forum for processing of complaints of wrongful discrimination by National Guard military technicians (dual status) (a) In general Section 709 of title 32, United States Code, is amended by adding at the end the following new subsection: (j) A complaint of wrongful discrimination by a person employed under subsection (a) who is a military technician (dual status) and otherwise subject to the requirements of subsection (b) shall be considered a complaint of wrongful discrimination by a member of the armed forces. . (b) Effective date The amendment made by subsection (a) shall apply with respect to a complaint of wrongful discrimination initiated on or after the date of the enactment of this Act. C Education and Training 521. Extension of educational assistance for members of the Selective Reserve who are involuntarily separated (a) Preservation of educational assistance entitlement for certain former members of the selected reserve (1) Extension Paragraph (1)(B) of section 16133(b) of title 10, United States Code, is amended by striking September 30, 2014 and inserting December 31, 2018 . (2) Cross-reference amendments to reflect prior amendment Such section is further amended by striking clause (2) of in paragraphs (1) and (4)(B). (b) Basic educational assistance entitlement for service in the selective reserve Subparagraph (B)(iii) of section 3012(b)(1) of title 38, United States Code, is amended by inserting or the period beginning on October 1, 2013, and ending on December 31, 2018, after September 30, 1999, . 522. Authority for joint professional military education phase II instruction and credit to be offered and awarded through the senior level course of the school of advanced military studies of the United States Army Command and General Staff College Section 2151(b) of title 10, United States Code, is amended— (1) by adding at the end of paragraph (1) the following new subparagraph: (E) The senior-level course of the School of Advanced Military Studies of the United States Army Command and General Staff College. . (2) in paragraph (2)(A), by inserting before the period at the end the following: (other than with respect to the course specified in paragraph (1)(E)) . D Administrative Procedure 531. Procedures for judicial review of military personnel decisions relating to correction of military records (a) Judicial review (1) In general Chapter 79 of title 10, United States Code, is amended by adding at the end the following new section: 1560. Judicial review of decisions relating to correction of military records (a) Availability of judicial review (1) In general Any person adversely affected by a records correction final decision may obtain judicial review of the decision in a court with jurisdiction to hear the matter. (2) Records correction final decision defined In this section, the term records correction final decision means any of the following: (A) A final decision issued by the Secretary concerned pursuant to section 1552 of this title. (B) A final decision issued by the Secretary of a military department or the Secretary of Homeland Security pursuant to section 1034(f) of this title. (C) A final decision issued by the Secretary of Defense pursuant to section 1034(g) of this title. (b) Matters must be justiciable Notwithstanding subsection (a), a court in which judicial review of a records correction final decision is sought does not have jurisdiction to review any matter or issue raised in a petition of review that is not justiciable. (c) Exhaustion of administrative remedies (1) General rule Except as provided in paragraph (3), judicial review of a matter that could be subject to correction under a provision of law specified in subsection (a)(2) in a case arising after the date of the enactment of this section may not be obtained under this section or any other provision of law unless— (A) the petitioner has requested a correction under section 1552 of this title (including such a request in a matter arising under section 1034 of this title); and (B) the Secretary concerned has rendered a final decision denying that correction in whole or in part. (2) Whistleblower cases In a case arising after the date of the enactment of this section in which the final decision of the Secretary concerned is subject to review by the Secretary of Defense under section 1034(g) of this title, the petitioner is not required to seek such review before obtaining judicial review, but if the petitioner seeks such review, judicial review may not be sought until the Secretary of Defense has made a decision in the matter or the end of the period specified in that section for the Secretary to make such a decision, whichever occurs first. (3) Class actions In the case of a matter subject to correction under a provision of law specified in subsection (a)(2) in a case arising after the date of the enactment of this section in which judicial review is not precluded by reason of paragraph (1) or (2), if judicial review of a records correction final decision of the matter is sought and if the petitioner for judicial review also seeks to bring a class action with respect to a matter for which the petitioner requested a correction under section 1552 of this title (including such a request in a matter arising under section 1034 of this title) and if the court issues an order certifying a class in the case, the limitations of paragraphs (1) and (2) shall be inapplicable to any member of the class (other than the petitioner) with respect to any matter covered by a claim for which the class is certified. (d) Statutes of limitation (1) Two years from final decision In the case of a records correction final decision that is issued on or after the date of the enactment of this section, such decision is not subject to judicial review under this section or otherwise subject to review in any court unless petition for such review is filed in a court not later than two years after the date of the final decision other than in a matter to which paragraph (2) applies. (2) Six years for certain claims that may result in payment of money (A) In the case of a records correction final decision that is issued on or after the date of the enactment of this section and which is described in subparagraph (B), such decision (or the portion of such decision described in such subparagraph) is not subject to judicial review under this section or otherwise subject to review in any court unless petition for such review is filed in a court not later than six years after the date of discharge, retirement, release from active duty, or death while on active duty of the person whose military records are the subject of the correction request. There shall be excluded from the computation of such six-year period the period (i) beginning on the date of the filing with the Secretary of a request for correction of military records leading to the records correction final decision, and (ii) ending on the date of such decision. (B) A records correction final decision is described in this subparagraph to the extent that the decision, or portion of the decision, is a denial of a claim that, if relief were to be granted by the court, would support, or result in, the payment of money, other than payments made under chapter 73 of this title, either under a court order or under a subsequent administrative determination. (e) Sole basis for judicial review In the case of a cause of action arising after the date of the enactment of this section, no court shall have jurisdiction to review any matter subject to correction under a provision of law specified in subsection (a)(2) except as provided in this section. (f) Habeas corpus This section does not affect any cause of action arising under chapter 153 of title 28. . (2) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 1560. Judicial review of decisions. . (b) Effect of denial of request for correction of records when prohibited personnel action alleged (1) Notice of denial; procedures for judicial review Subsection (f) of section 1034 of such title is amended by adding at the end the following new paragraph: (7) In any case in which the final decision of the Secretary concerned results in denial, in whole or in part, of any requested correction of the record of the member or former member, the Secretary concerned shall provide the member or former member a concise written statement of the basis for the decision and a notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time for obtaining such review. . (2) Secretary of defense review; notice of denial Subsection (g) of such section is amended— (A) by inserting (1) before Upon the completion of all ; and (B) by adding at the end the following new paragraph: (2) The submittal of a matter to the Secretary of Defense by the member or former member under paragraph (1) must be made within 90 days of the receipt by the member or former member of the final decision of the Secretary of the military department concerned in the matter. In any case in which the final decision of the Secretary of Defense results in denial, in whole or in part, of any requested correction of the record of the member or former member, the Secretary of Defense shall provide the member or former member a concise written statement of the basis for the decision and a notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time for obtaining such review. . (3) Sole basis for judicial review Such section is further amended— (A) by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and (B) by inserting after subsection (g) the following new subsection (h): (h) Judicial review (1) A decision of the Secretary of Defense under subsection (g) shall be subject to judicial review only as provided in section 1560 of this title. (2) In a case in which review by the Secretary of Defense under subsection (g) was not sought, a decision of the Secretary of a military department under subsection (f) shall be subject to judicial review only as provided in section 1560 of this title. (3) A decision by the Secretary of Homeland Security under subsection (f) shall be subject to judicial review only as provided in section 1560 of this title. . (c) Effect of denial of other requests for correction of military records Section 1552 of such title is amended by adding at the end the following new subsections: (h) In any case in which the final decision of the Secretary concerned results in denial, in whole or in part, of any requested correction, the Secretary concerned shall provide the claimant a concise written statement of the basis for the decision and a notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time for obtaining such review. (i) A decision by the Secretary concerned under this section shall be subject to judicial review only as provided in section 1560 of this title. . (d) Effective date and retroactive application (1) Effective date The amendments made by this section shall take effect one year after the date of the enactment of this Act. (2) Retroactive application The amendments made by this section shall apply to all final decisions of the Secretary of Defense under section 1034(g) of title 10, United States Code, and of the Secretary of a military department and the Secretary of Homeland Security under sections 1034(f) or 1552 of such title, whether rendered before, on, or after the date of the enactment of this Act. (3) Transition During the period between the date of the enactment of this Act and the effective date specified in paragraph (1), in any case in which the final decision of the Secretary of Defense under section 1034(g) of title 10, United States Code, or the Secretary concerned under sections 1034(f) or 1552 of title 10, United States Code, results in denial, in whole or in part, of any requested correction of the record of a member or former member of the Armed Forces or the record of a claimant under such section 1552, the individual shall be informed in writing of the time for obtaining review of the decision pursuant to section 1560 of such title, as added by subsection (a). (e) Implementation The Secretaries concerned (as defined in section 101(a)(9) of title 10, United States Code) may prescribe appropriate regulations, and interim guidance before prescribing such regulations, to implement the amendments made by this section. In the case of the Secretary of a military department, such regulations may not take effect until approved by the Secretary of Defense. (f) Construction This section and the amendments made by this section do not affect the authority of any court to exercise jurisdiction over any case that was properly before the court before the effective date specified in subsection (d)(1). E Decorations and Awards 541. Repeal of limitation on number of medals of honor that may be awarded to a member of the Armed Forces (a) Army Section 3744 (a) of title 10, United States Code, is amended by striking medal of honor, . (b) Navy and marine corps Section 6247 of title 10, United States Code, is amended by striking medal of honor, . (c) Air force Section 8744(a) of title 10, United States Code, is amended by striking medal of honor, . (d) Coast guard Section 494 of title 14, United States Code, is amended by striking medal of honor, both places it appears. 542. Standardization of time-limits for recommending and awarding a medal of honor, service cross, or distinguished-service medal across the Armed Forces (a) Army Section 3744(b) of title 10, United States Code, is amended— (1) in paragraph (1), by striking three years and inserting five years ; and (2) in paragraph (2), by striking two years and inserting three years . (b) Air force Section 8744(b) of such title is amended— (1) in paragraph (1), by striking three years and inserting five years ; and (2) in paragraph (2), by striking two years and inserting three years . 543. Recodification and revision of Army, Navy, Air Force, and Coast Guard Medal of Honor Roll (a) Automatic enrollment and furnishing of certificate (1) In general Chapter 57 of title 10, United States Code, is amended by adding at the end the following new section: 1136. Army, Navy, Air Force, and Coast Guard Medal of Honor Roll (a) Establishment There shall be in the Department of the Army, the Department of the Navy, the Department of the Air Force, and the Department of Homeland Security, respectively, a roll designated as the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll . (b) Enrollment The Secretary concerned shall enter and record on such roll the name of each person who has served on active duty in the armed forces and who has been awarded a medal of honor pursuant to section 3741, 6241, or 8741 of this title or section 491 of title 14. (c) Certificate (1) In general Each living person whose name is entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll shall be furnished a certificate of enrollment on such roll. (2) Entitlement to special pension The Secretary concerned shall deliver to the Secretary of Veterans Affairs a certified copy of each certificate of enrollment issued under paragraph (1). Such copy shall authorize the Secretary of Veterans Affairs to pay the special pension provided by section 1562 of title 38 to the person named in the certificate. . (2) Clerical amendment The table of sections at the beginning of such chapter of title 10 is amended by adding at the end the following new item: 1136. Army, Navy, Air Force, and Coast Guard Medal of Honor Roll. . (b) Special pension (1) Automatic entitlement Section 1562(a) of title 38, United States Code, is amended— (A) by inserting living after each ; (B) by striking subsection (c) of section 1561 of this title and inserting subsection (c)(2) of section 1136 of title 10 ; and (C) by striking application therefor under section 1560 of this title and inserting such person’s name is entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll under section 1136(b) of title 10 . (2) Election to decline special pension Section 1562 of such title is further amended by adding at the end the following new subsection: (g) (1) A person who is entitled to a special pension under subsection (a) may elect not to receive such special pension by notifying the Secretary of such election in writing. (2) The Secretary, upon receipt of such election, shall cease payments of the special pension to such person. . (3) Technical amendment Section 1562(a) of such title is further amended by striking roll and inserting Roll . (c) Conforming amendments (1) Repeal of recodified provisions Sections 1560 and 1561 of title 38, United States Code, are repealed. (2) Clerical amendments The table of sections at the beginning of chapter 15 of such title is amended, by striking the items relating to sections 1560 and 1561. (d) Effective date The amendments made by this section shall be effective with respect to medals of honor awarded on or after the date of the enactment of this Act. F Other Matters 551. Authority to provide certain expenses for care and disposition of human remains that were retained by the Department of Defense for forensic pathology investigation (a) Disposition of remains of persons whose death is investigated by the armed forces medical examiner (1) Covered decedents Section 1481(a) of title 10, United States Code, is amended by adding at the end the following new paragraph: (10) To the extent authorized under section 1482(g) of this title, any person not otherwise covered by the preceding paragraphs whose remains (or partial remains) have been retained by the Secretary concerned for purposes of a forensic pathology investigation by the Armed Forces Medical Examiner under section 1471 of this title. . (2) Authorized expenses relating to care and disposition of remains Section 1482 of such title is amended by adding at the end the following new subsection: (g) (1) The payment of expenses incident to the recovery, care, and disposition of the remains of a decedent covered by section 1481(a)(10) of this title is limited to those expenses that, as determined under regulations prescribed by the Secretary of Defense, would not have been incurred but for the retention of those remains for purposes of a forensic pathology investigation by the Armed Forces Medical Examiner under section 1471 of this title. The Secretary concerned shall pay all other expenses authorized to be paid under this section only on a reimbursable basis. Amounts reimbursed to the Secretary concerned under this subsection shall be credited to appropriations available at the time of reimbursement for the payment of such expenses. (2) In a case covered by paragraph (1), if the person designated under subsection (c) to direct disposition of the remains of a decedent does not direct disposition of the remains that were retained for the forensic pathology investigation, the Secretary may pay for the transportation of those remains to, and interment or inurnment of those remains in, an appropriate place selected by the Secretary, in lieu of the transportation authorized to be paid under paragraph (8) of subsection (a). (3) In a case covered by paragraph (1), expenses that may be paid do not include expenses with respect to an escort under paragraph (8) of subsection (a), whether or not on a reimbursable basis. . (b) Clarification of coverage of inurnment Section 1482(a)(9) of such title is amended by inserting or inurnment after interment . (c) Technical amendment Section 1482(f) of such title is amended in the third sentence by striking subsection and inserting section . 552. Expansion of privileged information provision to debriefing reports of certain recovered persons who were never placed in a missing status (a) Personnel files Section 1506 of title 10, United States Code is amended— (1) in subsection (d)— (A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (B) by inserting after paragraph (1) the following new paragraph (2): (2) The Secretary concerned shall withhold from personnel files under this section, as privileged information, any survival, evasion, resistance and escape debriefing report provided by a person described in section 1501(c) of this title who is returned to United States control which is obtained under a promise of confidentiality made for the purpose of ensuring the fullest possible disclosure of information. . (2) in subsection (f), by striking paragraphs (2) and (3) and inserting paragraphs (3) and (4) . (b) Definition Section 1513 of such title is amended by adding at the end the following new paragraph: (9) The term survival, evasion, resistance, and escape debrief means an interview conducted with a person described in section 1501(c) of this title who is returned to United States control in order to record the person’s experiences while surviving, evading, resisting interrogation or exploitation, or escaping. . 553. Additional requirements for accounting for members of the Armed Forces and Department of Defense civilian employees listed as missing Section 1501(a)(1) of title 10, United States Code, is amended— (1) by striking and at the end of subparagraph (B); (2) by striking the period at the end of subparagraph (C) and inserting ; and ; and (3) by adding at the end the following new subparagraph: (D) coordination of periodic briefing of families of missing persons about the efforts of the Department of Defense to account for those persons. . 554. Family support programs for immediate family members of special operations forces members (a) Chaplain-Led programs The Commander of the United States Special Operations Command may provide support services described in section 1789(b) of title 10, United States Code, to support the immediate family members (as defined in section 1789(c) of such title) of members of the Armed Forces assigned to special operations forces (as defined in section 167(i) of such title) if the Commander determines— (1) that there is a direct and concrete relationship between— (A) chaplain-led programs authorized in section 1789 of such title, and (B) the readiness of special operations forces; and (2) that such support is not being provided to those family members by the Secretary of a military department. (b) Additional authority The Commander of the United States Special Operations Command may expend up to $10,000,000 during any fiscal year during which this subsection is in effect to provide support services described in section 1789(b) of title 10, United States Code, to support family programs directed by medical personnel, behavior health professionals, and family readiness professionals of the Department of Defense to build and maintain the resiliency of members of the Armed Forces assigned to special operations forces (as defined in section 167(i) of such title) and their immediate family members (as defined in section 1789(c) of such title). (c) Period of authority The authority under this section is in effect during each of fiscal years 2014 through 2016. VI Compensation and Other Personnel Benefits A Pay and Allowances 601. Increase in military basic pay for fiscal year 2014 (a) Waiver of section 1009 adjustment The adjustment to become effective during fiscal year 2014 required by section 1009 of title 37, United States Code, in the rates of monthly basic pay authorized members of the uniformed services shall not be made. (b) Increase in basic pay Effective on January 1, 2014, the rates of monthly basic pay for members of the uniformed services are increased by 1.0 percent. 602. Extension of temporary army authority to provide additional recruitment incentives Subsection (i)(1) of section 681 of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109–163 ; 10 U.S.C. 503 note) is amended by striking December 31, 2012 and inserting December 31, 2015 . B Disability, Retired Pay, and Survivor Benefits 621. Overpayments of division of pay as a result of retroactive change in disposable retired pay (a) Amendment Section 1414(d) of title 10, United States Code, is amended by adding at the end the following new paragraph: (3) (A) An election by a member to change from receipt of retired pay in accordance with this section to receipt of special compensation in accordance with section 1413a of this title pursuant to paragraph (2), shall not affect payments made before the date of such election to the member’s spouse or former spouse pursuant to section 1408 of this title, of disposable retired pay that a court treated as property for the purpose of issuing a final decree of divorce, dissolution, annulment, or legal separation, including a court ordered, ratified, or approved property settlement incident to such decree. (B) In this paragraph: (i) The term court has the meaning given such term in section 1408(a)(1) of this title. (ii) The term disposable retired pay has the meaning given such term in section 1408(a)(4) of this title. (iii) The term final decree has the meaning given such term in section 1408(a)(3) of this title. (iv) The term member has the meaning given such term in section 1408(a)(5) of this title. (v) The term spouse or former spouse has the meaning given such term in section 1408(a)(6) of this title. . (b) Applicability Paragraph (3) of section 1414(d) of title 10, United States Code, as added by subsection (a), shall apply with respect to payments made under section 1408 of title 10, United States Code, on or after the date of the enactment of this Act. VII HEALTH CARE PROVISIONS 701. Revisions to TRICARE cost sharing requirements (a) TRICARE prime enrollment fees Section 1097 of title 10, United States Code, is amended— (1) in subsection (e)— (A) by striking (1) before The Secretary ; and (B) by striking paragraph (2); and (2) by adding at the end the following new subsection: (f) Enrollment fees (1) Amount Beginning January 1, 2014, the enrollment fee described in subsection (e) for a covered beneficiary shall be an amount (rounded to the nearest dollar) equal to the applicable percentage (specified in paragraph (2)) of the retired pay of the member or former member upon whom the covered beneficiary’s eligibility is based, except that the amount of such enrollment fee shall not be in excess of the applicable maximum enrollment fee nor less than the applicable minimum enrollment fee specified in paragraph (3). (2) Percentage of retired pay The applicable percentage of retired pay shall be determined in accordance with the following table: For: The applicable percentage for a family group of two or more persons is: The applicable percentage for an individual is: 2014 2.95% 1.475%  2015 3.30% 1.650%  2016 3.65% 1.825%  2017 and after 4.00% 2.000%. (3) Maximum and minimum enrollment fees (A) Before 2018 (i) Family groups For the years 2014 through 2017, the applicable maximum and minimum enrollment fees for a family group of two or more persons shall be determined in accordance with the following table: For: The applicable minimum enrollment fee is: The applicable maximum enrollment fee for a family group whose eligibility is based upon a member or former member of retired grade O–7 or above is: The applicable maximum enrollment fee for a family group whose eligibility is based upon a member or former member of retired grade O–6 or below is: 2014 $548 $900 $750 2015 $558 $1,200 $900 2016 $569 $1,500 $1,050 2017 $581 $1,800 $1,200. (ii) Individuals The applicable maximum and minimum enrollment fees for an individual shall be one-half the corresponding maximum and minimum enrollment fees for a family group of two or more persons (as specified in clause (i)). (B) After 2017 For any year after 2017, the applicable maximum and minimum enrollment fees shall be equal to the maximum and minimum enrollment fees for the previous year increased by the percentage by which retired pay is increased under section 1401a of this title for such calendar year. (4) Exclusion Notwithstanding paragraph (1), the enrollment fee described in subsection (e) for a dependent of a member of the uniformed services who dies while on active duty, a member retired under chapter 61 of this title, or for a dependent of such a member shall not exceed the amount of any such enrollment fee for 2013. . (b) TRICARE standard enrollment fees and cost sharing Section 1086(b) of such title is amended to read as follows: (b) For a person covered by this section, any plan contracted for under section 1079(a) of this title shall contain the following provisions for payment by the patient: (1) An annual enrollment fee. The amount of such annual enrollment fee for a year is— (A) for 2014, $70 for an individual or $140 for a family group of two or more persons; (B) for 2015, $85 for an individual or $170 for a family group of two or more persons; (C) for 2016, $100 for an individual or $200 for a family group of two or more persons; (D) for 2017, $115 for an individual or $230 for a family group of two or more persons; (E) for 2018, $125 for an individual or $250 for a family group of two or more persons; and (F) for any year after 2018, the amount of the applicable enrollment fee for the previous year increased by the percentage by which retired pay is increased under section 1401a of this title for such year. (2) An annual deductible of the charges in a year for all types of care authorized by this section and received while in an outpatient status and 25 percent of all subsequent charges for such care during a year. The amount of such annual deductible for a year is— (A) for 2014, $160 for an individual or $320 for a family group of two or more persons; (B) for 2015, $200 for an individual or $400 for a family group of two or more persons; (C) for 2016, $230 for an individual or $460 for a family group of two or more persons; (D) for 2017, $260 for an individual or $520 for a family group for a family group of two or more persons; (E) for 2018, $290 for an individual or $580 for a family group of two or more persons; and (F) for any year after 2018, the amount of the applicable deductible for the previous year increased by the percentage by which retired pay is increased under section 1401a of this title for such year. (3) 25 percent of the charges for inpatient care. The Secretary of Defense may exempt a patient from paying such charges if the hospital to which the patient is admitted does not impose a legal obligation on any of its patients to pay for inpatient care. (4) A person covered by this section may not be required to pay a total in excess of a catastrophic cap, excluding the amount of any annual enrollment fee under paragraph (1), for health care received during any year under a plan contracted for under section 1079(a) of this title. The amount of such catastrophic cap for a year is— (A) for 2013, $3,000; and (B) for any year after 2013, the amount of the catastrophic cap for the previous year increased by the percentage by which retired pay is increased under section 1401a of this title for such year. (5) Notwithstanding paragraphs (1), (2), and (4), for a dependent of a member of the uniformed services who dies while on active duty, a member retired under chapter 61 of this title, or a dependent of such a member— (A) there is no annual enrollment fee; (B) the annual deductible referred to in paragraph (2) for a year is $150 for an individual or $300 for a family group of two or more persons; and (C) the catastrophic cap for a year is $3,000. . (c) TRICARE for life enrollment fees Section 1086(d)(3) of such title is amended by adding at the end the following new subparagraph: (D) (i) Beginning January 1, 2014, a person described in paragraph (2) (except as provided in clauses (vi) and (vii)), shall pay an annual enrollment fee as a condition of eligibility for health care benefits under this section. Such enrollment fee shall be an amount (rounded to the nearest dollar) equal to the applicable percentage (specified in clause (ii)) of the retired pay of the member or former member upon whom the covered beneficiary’s eligibility is based, except that the amount of such enrollment fee shall not be in excess of the applicable maximum enrollment fee (specified in clause (iii)). (ii) The applicable percentage of retired pay shall be determined in accordance with the following table: For: The applicable percentage for a family group of two or more persons is: The applicable percentage for an individual is: 2014 0.50% 0.25%  2015 1.00% 0.50%  2016 1.50% 0.75%  2017 and after 2.00% 1.00%. (iii) For any year 2014 through 2017, the applicable maximum enrollment fees for a family group of two or more persons shall be determined in accordance with the following table: For: The applicable maximum enrollment fee for a family group whose eligibility is based upon a member or former member of retired grade O–7 or above is: The applicable maximum enrollment fee for a family group whose eligibility is based upon a member or former member of retired grade O–6 or below is: 2014 $200 $150  2015 $400 $300  2016 $600 $450  2017 $800 $600. (iv) For any year after 2017, the applicable maximum enrollment fee shall be equal to the maximum enrollment fee for the previous year increased by the percentage by which retired pay is increased under section 1401a of this title for such year. (v) The applicable maximum enrollment fee for an individual shall be one-half the corresponding maximum fee for a family group of two or more persons (as determined under clauses (iii) and (iv)). (vi) Clause (i) shall not apply to a dependent of a member of the uniformed services who dies while on active duty, a member retired under chapter 61 of this title, or a dependent of such a member. (vii) Clause (i) also shall not apply to a person who, prior to the date of the enactment of this subparagraph, met the conditions described in paragraph (2)(A) and (B). . (d) TRICARE pharmacy program requirements (1) Availability of pharmaceutical agents through national mail-order pharmacy program Section 1074g(a)(5) of such title is amended— (A) by striking at least one of the means described in paragraph (2)(E) and inserting the national mail-order pharmacy program ; and (B) by striking may include and all that follows through the end of the paragraph and inserting shall include cost sharing by the eligible covered beneficiary as specified in paragraph (6). . (2) Cost sharing amounts Section 1074g(a)(6) of such title is amended to read as follows: (6) (A) In the case of any of the years 2014 through 2023, the cost sharing amounts referred to in paragraph (5) shall be determined in accordance with the following table: For: The cost sharing amount for 30-day supply of a retail generic is: The cost sharing amount for 30-day supply of a retail formulary is: The cost sharing amount for a 90-day supply of a mail order generic is: The cost sharing amount for a 90-day supply of a mail order formulary is: The cost amount for a 90-day supply of a mail order non-formulary is: 2014 $5 $26 $0 $26 $51 2015 $6 $28 $0 $28 $54 2016 $7 $30 $0 $30 $58 2017 $8 $32 $0 $32 $62 2018 $9 $34 $9 $34 $66 2019 $10 $36 $10 $36 $70 2020 $11 $38 $11 $38 $75 2021 $12 $40 $12 $40 $80 2022 $13 $43 $13 $43 $85 2023 $14 $45 $14 $45 $90. (B) For any year after 2023, the cost sharing amounts referred to in paragraph (5) shall be equal to the cost sharing amounts for the previous year, adjusted by an amount, if any, as determined by the Secretary to reflect changes in the costs of pharmaceutical agents and prescription dispensing, rounded to the nearest dollar. (C) Notwithstanding subparagraphs (A) and (B), the cost-sharing amounts referred to in paragraph (5) for any year for a dependent of a member of the uniformed services who dies while on active duty, a member retired under chapter 61 of this title, or a dependent of such a member shall be equal to the cost sharing amounts, if any, for fiscal year 2013. . (3) Refills of prescription maintenance medications through the national mail order pharmacy program (A) In general Such section 1074g is further amended by adding at the end the following new subsection: (i) Refills of prescription maintenance medications through the national mail order pharmacy program (1) In general The pharmacy benefits program shall require eligible covered beneficiaries to refill non-generic prescription maintenance medications through military treatment facility pharmacies or the national mail-order pharmacy program. (2) Medications covered (A) Determination The Secretary shall determine the maintenance medications subject to the requirement under paragraph (1). (B) Supply In carrying out the requirement under paragraph (1), the Secretary shall ensure that the medications subject to the requirement under paragraph (1) are— (i) generally available to eligible covered beneficiaries through retail pharmacies only for an initial filing of a 30-day or less supply; and (ii) any refills of such medications are obtained through a military treatment facility pharmacy or the national mail-order pharmacy program. (C) Exemption The Secretary may exempt the following prescription maintenance medications from the requirements in subparagraph (B): (i) Medications that are for acute care needs. (ii) Such other medications as the Secretary determines appropriate. . (B) Conforming amendment Section 716 of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ; 125 Stat. 1804) is repealed. (e) Additional realignment of TRICARE health benefit years from fiscal year to calendar year basis (1) TRICARE standard Section 1079(b) of such title 10 is amended by striking fiscal each place it appears. (2) Transition period The Secretary of Defense shall prescribe regulations to transition TRICARE health plan benefit years from a fiscal-year basis to a calendar-year basis pursuant to the amendments made by this subsection. (3) Conforming and technical amendments Section 724 of the National Defense Authorization Act for Fiscal Year 1997 ( Public Law 104–201 ; 10 U.S.C. 1073 note) is amended— (A) in subsection (b)— (i) by striking For each fiscal year beginning after September 30, 1997, the and inserting The ; (ii) by inserting during any year after by designated providers ; and (iii) by striking fiscal year. and inserting year. ; and (B) in subsection (d)(2)(B)— (i) by striking For each fiscal year beginning after September 30, 2003, the and inserting The ; (ii) by striking during such fiscal year the first place it appears and inserting during any year ; and (iii) by striking fiscal year. and inserting year. . (f) Authority To adjust payments into the medicare-Eligible retiree health care fund Section 1116 of such title is amended by adding at the end the following new subsection: (e) (1) During any fiscal year, if the Secretary of Defense determines that the amount certified under subsection (c) is no longer accurate because of a significant change in circumstances or law, the Secretary of Defense may, if appropriate, certify a revised amount determined in accordance with subsection (b)(2) to the Secretary of the Treasury. (2) If the Secretary of Defense makes a certification under paragraph (1), each other administering Secretary shall make and advise the Secretary of the Treasury of a revised determination, consistent with section 1111(c) of this title. (3) If a certification and determination are made under paragraphs (1) and (2), the Secretary of the Treasury shall promptly pay into or recoup from the Fund the difference between the amount paid into the Fund under subsection (a) and the amount certified or determined by the administering Secretary under paragraph (1) or (2). . 702. Requirement for medicare participating physician or supplier to accept TRICARE and veterans affairs participating rates Section 1842(h)(1) of the Social Security Act ( 42 U.S.C. 1395u(h)(1) ) is amended by adding at the end the following new sentence: Any physician or supplier who voluntarily enters into an agreement with the Secretary to become a participating physician or supplier shall be deemed to have agreed to be a participating provider of medical care or services under any health plan contracted for under section 1079 or 1086 of title 10, United States Code, or under section 1781 of title 38, United States Code, in accordance with the payment methodology and amounts prescribed under joint regulations prescribed by the Secretary, the Secretary of Defense, and the Secretary of Homeland Security pursuant to sections 1079 and 1086 of title 10, United States Code. . VIII Acquisition Policy, Acquisition Management, and Related Matters 801. Clarification of scope of supplies covered by statutory rapid acquisition authority Section 806(g) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 2302 note) is amended— (1) by striking Associated Support Services Defined .—In the section, the term and inserting Definitions .—In this section: ; and (2) by adding at the end the following new paragraph: (2) Supplies The term supplies means all property except land or interest in land. . 802. Reduction in costs to report critical changes to major automated information system programs (a) Extension of a program defined Section 2445a of title 10, United States Code, is amended adding at the end the following new subsection: (g) Extension of a program In this chapter, the term extension of a program means, with respect to a major automated information system program or other major information technology investment program, the further deployment or planned deployment to additional users of the system which has already been found operationally effective and suitable by an independent test agency or the Director of Operational Test and Evaluation, beyond the scope planned in the original estimate or information originally submitted on the program. . (b) Reports on critical changes in MAIS programs Subsection (d) of section 2445c of such title is amended— (1) in paragraph (1), by striking paragraph (2) and inserting paragraph (3) ; (2) by redesignating paragraph (2) as paragraph (3); and (3) by inserting after paragraph (1) the following new paragraph (2): (2) Notification when variance due to congressional action or extension of program If a senior Department of Defense official who, following receipt of a quarterly report described in paragraph (1) and making a determination described in paragraph (3), also determines that the circumstances resulting in the determination described in paragraph (3) either (A) are primarily the result of congressional action, or (B) are primarily due to an extension of a program, the official may, in lieu of carrying out an evaluation and submitting a report in accordance with paragraph (1), submit to the congressional defense committees, within 45 days after receiving the quarterly report, a notification that the official has made those determinations. If such a notification is submitted, the limitation in subsection (g)(1) does not apply with respect to that determination under paragraph (3). . (c) Conforming cross-Reference amendment Subsection (g)(1) of such section is amended by striking subsection (d)(2) and inserting subsection (d)(3) . (d) Total acquisition cost information (1) Section 2445b(b)(3) of title 10, United States Code, is amended by striking development costs and inserting total acquisition costs . (2) Section 2445c of such title is amended— (A) in subparagraph (B) of subsection (c)(2), by striking program development cost and inserting total acquisition cost ; and (B) in subparagraph (C) of subsection (d)(3) (as redesignated by subsection (b)(2)), by striking program development cost and inserting total acquisition cost . (e) Clarification of cross-Reference Section 2445c(g)(2) of such title is amended by striking in compliance with the requirements of subsection (d)(2) and inserting under subsection (d)(1)(B) . 803. Modification of reporting requirement for Department of Defense business system acquisition programs when initial operating capability is not achieved within five years of Milestone A approval (a) Submission to pre-Certification authority Subsection (b) of section 811 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2316) is amended by striking the system shall be deemed to have undergone and all that follows through the period and inserting the appropriate official shall report such failure, along with the facts and circumstances surrounding the failure, to the appropriate pre-certification authority for that system under section 2222 of title 10, United States Code, and the information so reported shall be considered by the pre-certification authority in the decision whether to recommend certification of obligations under that section. . (b) Covered systems Subsection (c) of such section is amended— (1) by striking 3542(b)(2) of title 44 and inserting section 2222(j)(2) of title 10 ; and (2) by inserting , and that is not designated in section 2445a of title 10, United States Code, as a major automated information system program or an other major information technology investment program before the period at the end. (c) Updated references to DoD issuances Subsection (d) of such section is amended— (1) in paragraph (1), by striking Department of Defense Instruction 5000.2 and inserting Department of Defense Directive 5000.01 ; and (2) in paragraph (2), by striking Department of Defense Instruction 5000.2, dated May 12, 2003 and inserting Department of Defense Instruction 5000.02, dated December 3, 2008 . 804. Enhanced transfer of technology developed at Department of Defense laboratories (a) Definitions As used in this section: (1) The terms department and military department have the meaning given those terms in section 101 of title 10, United States Code. (2) The term DoD laboratory or laboratory means any facility or group of facilities that— (A) is owned, leased, operated, or otherwise used by the Department of Defense; and (B) meets the definition of laboratory as provided in subsection (d)(2) of section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a). (b) Authority (1) In general The Secretary of Defense and the Secretaries of the military departments each may authorize the heads of DoD laboratories to grant nonexclusive, exclusive, or partially exclusive licenses, royalty free or for royalties or for rights to other intellectual property, for computer software and its related documentation developed at a DoD laboratory, but only if— (A) the computer software and related documentation would be a trade secret under the meaning of section 552(b)(4) of title 5, United States Code, if the information had been obtained from a non-Federal party; (B) the public is notified of the availability of the software and related documentation for licensing and interested parties have a fair opportunity to submit applications for licensing; (C) such licensing activities and licenses shall comply with the requirements under section 209 of title 35, United States Code; and (D) the software originally was developed to meet the military needs of the Department of Defense. (2) Protections against unauthorized disclosure The Secretary of Defense and the Secretaries of the military departments each shall provide appropriate precautions against the unauthorized disclosure of any computer software or documentation covered by paragraph (1)(A), including exemption from section 552 of title 5, United States Code, for a period of up to 5 years after the development of the computer software by the DoD laboratory. (c) Royalties (1) Use of royalties Except as provided in paragraph (2), any royalties or other payments received by the department from licensing computer software or documentation under paragraph (b)(1) shall be retained by the department and shall be disposed of as follows: (A) (i) The department shall pay each year the first $2,000, and thereafter at least 15 percent, of the royalties or other payments to be divided among the employees who developed the computer software. (ii) The department may provide appropriate lesser incentives, from royalties or other payments, to laboratory employees who are not developers of such computer software but who substantially increased the technical value of the software. (iii) The department shall retain the royalties and other payments received until it makes payments to employees of a DoD laboratory under clause (i) or (ii). (iv) The department may retain an amount reasonably necessary to pay expenses incidental to the administration and distribution of royalties or other payments under this section by an organizational unit of the department other than its laboratories. (B) The balance of the royalties or other payments shall be transferred by the department to its laboratories, with the majority share of the royalties or other payments going to the laboratory where the development occurred. The royalties or other payments so transferred to any DoD laboratory may be used or obligated by that laboratory during the fiscal year in which they are received or during the 2 succeeding fiscal years— (i) to reward scientific, engineering, and technical employees of the DoD laboratory, including developers of sensitive or classified technology, regardless of whether the technology has commercial applications; (ii) to further scientific exchange among the laboratories of the agency; (iii) for education and training of employees consistent with the research and development missions and objectives of the department or DoD laboratory, and for other activities that increase the potential for transfer of the technology of the laboratories; (iv) for payment of expenses incidental to the administration and licensing of computer software or other intellectual property made at that DoD laboratory, including the fees or other costs for the services of other agencies, persons, or organizations for intellectual property management and licensing services; or (v) for scientific research and development consistent with the research and development missions and objectives of the DoD laboratory. (C) All royalties or other payments retained by the department or DoD laboratory after payments have been made pursuant to subparagraphs (A) and (B) that are unobligated and unexpended at the end of the second fiscal year succeeding the fiscal year in which the royalties and other payments were received shall be paid into the Treasury. (2) Exception If, after payments under paragraph (1)(A), the balance of the royalties or other payments received by the department in any fiscal year exceed 5 percent of the funds received for use by the DoD laboratory for research, development, engineering, testing and evaluation or other related administrative, processing or value-added activities for that year, 75 percent of such excess shall be paid to the Treasury of the United States and the remaining 25 percent may be used or obligated under paragraph (1)(B). Any funds not so used or obligated shall be paid into the Treasury of the United States. (3) Status of payments to employees Any payment made to an employee under this section shall be in addition to the regular pay of the employee and to any other awards made to the employee, and shall not affect the entitlement of the employee to any regular pay, annuity, or award to which the employee is otherwise entitled or for which the employee is otherwise eligible or limit the amount thereof except that the monetary value of an award for the same project or effort shall be deducted from the amount otherwise available under this paragraph. Payments, determined under the terms of this paragraph and made to an employee developer as such, may continue after the developer leaves the DoD laboratory or department. Payments made under this section shall not exceed $75,000 per year to any one person, unless the President approves a larger award (with the excess over $75,000 being treated as a Presidential award under section 4504 of title 5). (d) Information in report The report required by section 2515(d) of title 10, United States Code, shall include information regarding the implementation and effectiveness of this section. (e) Expiration The authority provided in this section shall expire on December 31, 2018. 805. Extension of authority for program to award prizes for advanced technology achievements Section 2374a of title 10, United States Code, is amended by striking September 30, 2013 in subsection (f) and inserting September 30, 2017 . 806. Revisions to eligibility for, and amount of, financial assistance under Department of Defense Science, Mathematics, and Research for Transformation program (a) Eligibility for educational assistance Paragraph (1) of section 2192a(b) of title 10, United States Code, is amended— (1) by striking subparagraph (A); and (2) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively. (b) Amount of educational assistance Paragraph (2) of such section is amended by striking the amount determined and all that follows through room and board and inserting an amount determined by the Secretary of Defense . (c) Concurrence of secretary of state for awards to non-Citizens Such section is further amended by adding at the end the following new paragraph: (4) For the purposes of paragraph (1), a scholarship or fellowship awarded to a person who is not a citizen of the United States may only be awarded with the concurrence of the Secretary of State. . IX Department of Defense Organization and Management 901. Clarification of the order of precedence for the Principal Deputy Under Secretaries of Defense Subsection (d) of section 137a of title 10, United States Code, is amended by striking and the Deputy Chief Management Officer of the Department of Defense. and inserting the Deputy Chief Management Officer of the Department of Defense, and the officials serving in positions specified in section 131(b)(4) of this title. . 902. Update of statutory specification of functions of the Chairman of the Joint Chiefs of Staff relating to doctrine, training, and education Paragraph (5) of section 153(a) of title 10, United States Code, is amended— (1) in the paragraph heading, by striking Doctrine, training, and education and inserting Joint force development activities ; (2) in subparagraph (B), by inserting and technical standards, and executing actions after policies ; (3) in subparagraph (C), by striking and training ; and (4) by adding at the end the following new subparagraphs: (D) Formulating policies for concept development and experimentation for the joint employment of the armed forces. (E) Formulating policies for gathering, developing, and disseminating joint lessons learned for the armed forces. . 903. Revision of Secretary of Defense authority to engage in commercial activities as security for intelligence collection activities (a) Period for required audits Section 432(b)(2) of such title is amended by striking annually in the first sentence and inserting biennially . (b) Repeal of designation of defense intelligence agency as required oversight authority within Department of Defense Section 436(4) of such title is amended— (1) by striking within the Defense Intelligence Agency and inserting within the Department of Defense ; and (2) by striking management and supervision and inserting oversight . (c) Technical amendments (1) Definition of congressional intelligence committees Section 437 of such title is amended— (A) in subsections (a) and (b), by inserting congressional before intelligence committees ; and (B) by adding at the end the following new subsection: (c) Congressional intelligence committees defined In this section, the term congressional intelligence committees has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 401a). . (2) Conforming amendments The second sentence of section 432(b)(2) of such title is amended— (A) by inserting congressional before intelligence committees ; and (B) by striking section 437(d) and inserting section 437(c) . 904. Change to reference to the major Department of Defense headquarters activities issuance Section 194(f) of title 10, United States Code, is amended by striking Directive 5100.73 and all that follows and inserting Instruction 5100.73, entitled Major DoD Headquarters Activities . X General Provisions A Financial Matters B Naval Vessels 1011. Repeal of policy relating to propulsion systems of any new class of major combatant vessels of the strike forces of the United States Navy Section 1012 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 122 Stat. 303), as most recently amended by section 1013 of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ; 126 Stat. 1908), is repealed. 1012. Repeal of requirements relating to procurement of future surface combatants Section 125 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat 2214) is repealed. C Other Matters 1031. Management of Department of Defense installations (a) Secretary of defense authority Chapter 159 of title 10, United States Code, is amended by inserting after section 2671 the following new section: 2672. Protection of property (a) In general The Secretary of Defense shall protect the buildings, grounds, and property that are under the jurisdiction, custody, or control of the Department of Defense and the persons on that property. (b) Officers and agents (1) Designation (A) The Secretary may designate military or civilian personnel of the Department of Defense as officers and agents to perform the functions of the Secretary under subsection (a), including, with regard to civilian officers and agents, duty in areas outside the property specified in that subsection to the extent necessary to protect that property and persons on that property. (B) A designation under subparagraph (A) may be made by individual, by position, by installation, or by such other category of personnel as the Secretary determines appropriate. (C) In making a designation under subparagraph (A) with respect to any category of personnel, the Secretary shall specify each of the following: (i) The personnel or positions to be included in the category. (ii) Which authorities provided for in paragraph (2) may be exercised by personnel in that category. (iii) In the case of civilian personnel in that category— (I) which authorities provided for in paragraph (2), if any, are authorized to be exercised outside the property specified in subsection (a); and (II) with respect to the exercise of any such authorities outside the property specified in subsection (a), the circumstances under which coordination with law enforcement officials outside of the Department of Defense should be sought in advance. (D) The Secretary may make a designation under subparagraph (A) only if the Secretary determines, with respect to the category of personnel to be covered by that designation, that— (i) the exercise of each specific authority provided for in paragraph (2) to be delegated to that category of personnel is necessary for the performance of the duties of the personnel in that category and such duties cannot be performed as effectively without such authorities; and (ii) the necessary and proper training for the authorities to be exercised is available to the personnel in that category. (2) Powers Subject to subsection (h) and to the extent specifically authorized by the Secretary, while engaged in the performance of official duties pursuant to this section, an officer or agent designated under this subsection may— (A) enforce Federal laws and regulations for the protection of persons and property; (B) carry firearms; (C) make arrests— (i) without a warrant for any offense against the United States committed in the presence of the officer or agent; or (ii) for any felony cognizable under the laws of the United States if the officer or agent has reasonable grounds to believe that the person to be arrested has committed or is committing a felony; (D) serve warrants and subpoenas issued under the authority of the United States; and (E) conduct investigations, on and off the property in question, of offenses that may have been committed against property under the jurisdiction, custody, or control of the Department of Defense or persons on such property. (c) Regulations (1) In general The Secretary may prescribe regulations, including traffic regulations, necessary for the protection and administration of property under the jurisdiction, custody, or control of the Department of Defense and persons on that property. The regulations may include reasonable penalties, within the limits prescribed in paragraph (2), for violations of the regulations. The regulations shall be posted and remain posted in a conspicuous place on the property to which they apply. (2) Penalties A person violating a regulation prescribed under this subsection shall be fined under title 18, imprisoned for not more than 30 days, or both. (d) Limitation on delegation of authority The authority of the Secretary of Defense under subsections (b) and (c) may be exercised only by the Secretary or Deputy Secretary of Defense. (e) Disposition of persons arrested A person who is arrested pursuant to authority exercised under subsection (b) may not be held in a military confinement facility, other than in the case of a person who is subject to chapter 47 of this title (the Uniform Code of Military Justice). (f) Facilities and services of other agencies In implementing this section, when the Secretary determines it to be economical and in the public interest, the Secretary may utilize the facilities and services of Federal, State, tribal, and local law enforcement agencies, with the consent of those agencies, and may reimburse those agencies for the use of their facilities and services. (g) Authority outside federal property For the protection of property under the jurisdiction, custody, or control of the Department of Defense and persons on that property, the Secretary may enter into agreements with Federal agencies and with State, tribal, and local governments to obtain authority for civilian officers and agents designated under this section to enforce Federal laws and State, tribal, and local laws concurrently with other Federal law enforcement officers and with State, tribal, and local law enforcement officers. (h) Attorney general approval The powers granted pursuant to subsection (b)(2) to officers and agents designated under subsection (b)(1) shall be exercised in accordance with guidelines approved by the Attorney General. (i) Limitation on statutory construction Nothing in this section shall be construed— (1) to preclude or limit the authority of any Federal law enforcement agency; (2) to restrict the authority of the Secretary of Homeland Security or of the Administrator of General Services to promulgate regulations affecting property under the custody and control of that Secretary or the Administrator, respectively; (3) to expand or limit section 21 of the Internal Security Act of 1950 ( 50 U.S.C. 797 ); (4) to affect chapter 47 of this title; or (5) to restrict any other authority of the Secretary of Defense or the Secretary of a military department. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2671 the following new item: 2672. Protection of property. . 1033. Repeal and modification of reporting requirements (a) Title 10, united states code Title 10, United States Code, is amended as follows: (1) Section 113 is amended by striking subsection (m). (2) Section 117 is amended by striking subsection (e). (3) Section 127 is amended by striking subsection (d). (4) Section 129 is amended by striking subsection (f). (5) Section 153 is amended by striking subsection (c). (6) (A) Section 229 is repealed. (B) The table of sections at the beginning of chapter 9 is amended by striking the item relating to section 229. (7) (A) Section 483 is repealed. (B) The table of sections at the beginning of chapter 23 is amended by striking the item relating to section 483. (8) (A) Section 489 is repealed. (B) The table of sections at the beginning of chapter 23 is amended by striking the item relating to section 489. (9) Section 1130 by striking subsection (b). (10) Section 1557 is amended by striking subsection (e). (11) (A) Section 1563 is repealed. (B) The table of sections at the beginning of chapter 80 is amended by striking the item relating to section 1563. (12) Section 1781b is amended by striking subsection (d). (13) Section 2216 is amended by striking subsection (i). (14) Section 2244a(c) is amended by striking the second sentence. (15) Section 2350b is amended by striking subsection (d). (16) Section 2350j is amended by striking subsection (e). (17) Section 2350m is amended by striking subsection (e). (18) (A) Section 2352 is repealed. (B) The table of sections at the beginning of chapter 139 is amended by striking the item relating to section 2352. (19) Section 2410i(c) is amended by striking the last sentence. (20) (A) Section 2475 is repealed. (B) The table of sections at the beginning of chapter 146 is amended by striking the item relating to section 2475. (21) (A) Section 2504 is repealed. (B) The table of sections at the beginning of subchapter II of chapter 148 is amended by striking the item relating to section 2504. (22) (A) Section 2536(b) is amended by striking paragraph (2). (B) Such section is further amended— (i) by striking (1) after Authority.— ; (ii) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively; and (iii) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively. (23) Section 2804(b) is amended by striking the last sentence. (24) Section 2827 is amended— (A) by striking (a) Subject to subsection (b), the Secretary and inserting The Secretary ; and (B) by striking subsection (b). (25) Section 2828 is amended by striking subsection (f). (26) Section 2835 is amended— (A) in subsection (a), by striking Subject to subsection (b), the Secretary and inserting The Secretary ; (B) by striking subsection (b); and (C) by striking subsection (g). (27) Section 2837 is amended— (A) in subsection (c)— (i) by striking (1) after Opportunities.— ; and (ii) by striking paragraph (2); and (B) by striking subsection (f). (28) Section 2854a is amended by striking subsection (c). (29) Section 2861 is amended by striking subsections (c) and (d). (30) Section 2866(c) is amended— (A) by striking (1) before The Secretary ; and (B) by striking paragraph (2). (31) Section 2875 is amended by striking subsection (e). (32) (A) Section 2884 is amended— (i) by striking subsection (b); and (ii) in subsection (a)— (I) by striking Project Reports.— (1) and inserting Reports.— ; (II) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively; and (III) by striking (2) For each and inserting (b) Content of Reports .—(1) For each . (B) Such section is further amended— (i) by redesignating paragraphs (3) and (4) of subsection (b) of such section (as designated by subparagraph (A)(ii)(III)) as paragraphs (2) and (3), respectively; and (ii) in paragraph (2) of subsection (b), as so redesignated, by striking contract described in paragraph (1) and inserting contract described in subsection (a) . (C) (i) The heading of such section is amended to read as follows: 2884. Project reports . (ii) The item relating to that section in the table of sections at the beginning of subchapter IV of chapter 169 is amended to read as follows: 2884. Project reports. . (33) Section 2885(a)(3) is amended by striking If a project and inserting In the case of a project for new construction, if the project . (34) Section 2916 is amended by striking subsection (c). (b) Annual national defense authorization acts (1) Fiscal year 2011 Section 892 of The Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 ; 10 U.S.C. 2306a note) is amended by striking subsection (b). (2) Fiscal year 2009 The Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ) is amended as follows: (A) Section 354 (10 U.S.C. 221 note) is repealed. (B) Section 903(b)(5) ( 10 U.S.C. 2228 note) is amended to read as follows: (5) Not later than December 31 each year, the corrosion control and prevention executive of a military department shall submit to the Secretary of Defense a report containing recommendations pertaining to the corrosion control and prevention program of the military department. The report each year shall include recommendations for the funding levels necessary for the executive to carry out the duties of the executive under this section. . (C) Section 1047(d) ( 10 U.S.C. 2366b note) is amended— (i) by striking Requirements.— and all that follows through The Secretary and inserting Requirements .—The Secretary ; (ii) by striking paragraph (2); and (iii) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively. (3) Fiscal year 2008 The National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ) is amended as follows: (A) Section 911 (10 U.S.C. 2271 note) is amended by striking paragraph (2) of subsection (f). (B) Section 1074(b)(6) ( 10 U.S.C. 113 note) is amended— (i) in subparagraph (A), by striking The Secretary and inserting Except as provided in subparagraph (D), the Secretary ; and (ii) by adding at the end the following new subparagraph: (D) Exceptions Subparagraph (A) does not apply in the case of— (i) an individual described in paragraph (2)(C) who is otherwise sponsored by the Secretary of Defense, the Deputy Secretary of Defense, the Chairman of the Joint Chiefs of Staff, or the Vice Chairman of the Joint Chiefs of Staff; or (ii) an individual described in paragraph (2)(E). . (C) Section 2864 (10 U.S.C. 2911 note) is repealed. (4) Fiscal year 2007 The John Warner National Defense Authorization Act for Fiscal Year 2007 ( Public Law 109–364 ) is amended as follows: (A) Section 226 (120 Stat. 2131) is repealed. (B) Section 323 (10 U.S.C. 229 note) is amended by striking subsection (c). (5) Fiscal year 2003 Section 817 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 ( Public Law 107–314 ; 10 U.S.C. 2306a note) is amended by striking subsections (d) and (e)(2). (6) Fiscal year 2000 Section 1409 of the National Defense Authorization Act for Fiscal Year 2000 ( Public Law 106–65 ; 22 U.S.C. 2778 note) is amended by striking subsection (b). (7) Fiscal year 1999 Section 1101 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 ( Public Law 105–261 ; 5 U.S.C. 3104 note) is amended by striking subsection (g). (8) Fiscal year 1991 Section 4004(d) of the National Defense Authorization Act for Fiscal Year 1991 10 U.S.C. 2391 ) is amended— (A) by inserting and at the end of paragraph (1); (B) by striking ; and at the end of paragraph (2) and inserting a period; and (C) by striking paragraph (3). (c) Defense acquisition improvement act of 1986 Section 908 of the Defense Acquisition Improvement Act of 1986 (as contained in section 101(c) of Public Law 99–500 and identically enacted in section 101(c) of Public Law 99–591 and title IX of Public Law 99–661 ) ( 10 U.S.C. 2326 note) is amended by striking subsection (b). (d) Foreign assistance act of 1961 The Foreign Assistance Act of 1961 is amended as follows: (1) Section 516(f)(1) ( 22 U.S.C. 2321j(f)(1) ) is amended by striking excess defense articles that are significant military equipment (as defined in section 47(9) of the Arms Export Control Act) or . (2) Section 656 (22 U.S.C. 2416) is repealed. (e) Arms export control act Section 36(a) of the Arms Export Control Act (22 U.S.C. 2776(a)) is amended— (1) by striking end of each quarter in the matter preceding paragraph (1) and inserting end of each fiscal year ; (2) by striking during the fiscal year in which in paragraphs (2) and (3) and inserting during the fiscal year for which ; (3) by striking in the quarter of the fiscal year immediately following the quarter in paragraph (5) and inserting in the fiscal year ; (4) by striking paragraph (6); and (5) by striking quarter each place it appears in paragraphs (8), (9), and (10) and inserting fiscal year . (f) Security reports (1) Section 3151 of the Department of Energy Facilities Safeguards, Security, and Counterintelligence Enhancement Act of 1999 (subtitle D of title XXXI of Public Law 106–65; 42 U.S.C. 7383e ) is repealed. (2) Section 4507 of the Atomic Energy Defense Act ( 50 U.S.C. 2658 ) is repealed. (3) Section 4508 of the Atomic Energy Defense Act ( 50 U.S.C. 2659 ) is repealed. (g) Intelligence reform and terrorism prevention act of 2004 Section 3002(c) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 435c(c)) is amended by striking paragraph (4). (h) Uniformed and overseas citizens absentee voting act Section 105A(b) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–4a(b)) is amended— (1) in the subsection heading, by striking Annual Report and inserting Biennial Report ; (2) in the matter preceding paragraph (1)— (A) by striking March 31 of each year and inserting September 30 of each odd-numbered year ; and (B) by striking the following information and inserting the following information with respect to the Federal election held during the preceding calendar year ; and (3) in paragraph (3), by striking In the case of and all that follows through a description and inserting A description . (i) Department of defense appropriations act, 2002 Section 8159(c) of the Department of Defense Appropriations Act, 2002 (division A of Public Law 107–117; 115 Stat. 2284), is amended by striking paragraph (7). XI Civilian Personnel Matters 1101. Expansion of protection of employees of nonappropriated fund instrumentalities from reprisals Section 1587(b) of title 10, United States Code, is amended by inserting , threaten to take, after take the third place it appears. XII Matters Relating to Foreign Nations 1201. Five-year extension of authorization for non-conventional assisted recovery capabilities Subsection (h) of section 943 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4579), as amended by section 1205(g) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1624), is further amended by striking 2013 and inserting 2018 . 1202. Increase in annual limitation on transfer of excess defense articles Section 516(g)(1) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2321j(g)(1) ) is amended by striking $425,000,000 and inserting $500,000,000 . XIII Other Authorizations A Military Programs 1301. Working capital funds Funds are hereby authorized to be appropriated for fiscal year 2014 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for Defense Working Capital Funds in the amount of $1,545,827,000. 1302. National Defense Sealift Fund Funds are hereby authorized to be appropriated for fiscal year 2014 for the National Defense Sealift Fund in the amount of $730,700,000. 1303. Joint Urgent Operational Needs Fund Funds are hereby authorized to be appropriated for fiscal year 2014 for the Joint Urgent Operational Needs Fund in the amount of $98,800,000. 1304. Chemical agents and munitions destruction, defense (a) Authorization of appropriations Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2014 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, in the amount of $1,057,123,000, of which— (1) $451,572,000 is for Operation and Maintenance; (2) $604,183,000 is for Research, Development, Test, and Evaluation; and (3) $1,368,000 is for Procurement. (b) Use Amounts authorized to be appropriated under subsection (a) are authorized for— (1) the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 ( 50 U.S.C. 1521 ); and (2) the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act. 1305. Drug interdiction and counter-drug activities, defense-wide Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2014 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, in the amount of $938,545,000. 1306. Defense Inspector General Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2014 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, in the amount of $312,131,000, of which— (1) $311,131,000 is for Operation and Maintenance; and (2) $1,000,000 is for Procurement. 1307. Defense health program Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2014 for expenses, not otherwise provided for, for the Defense Health Program, in the amount of $33,351,528,000, of which— (1) $31,950,734,000 is for Operation and Maintenance; (2) $729,613,000 is for Research, Development, Test, and Evaluation; and (3) $671,181,000 is for Procurement. B National Defense Stockpile 1311. Authority to acquire additional materials for the national defense stockpile Section 1411 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 125 Stat. 1654), is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection (c): (c) Acquisition authority (1) Using funds available in the National Defense Stockpile Transaction Fund, the National Defense Stockpile Manager may acquire the following materials determined to be strategic and critical materials required to meet the defense, industrial, and essential civilian needs of the United States: (A) Ferroniobium. (B) Dysprosium Metal. (C) Yttrium Oxide. (2) The National Defense Stockpile Manager may use up to $22,000,000 of the National Stockpile Transaction Fund for acquisition of the materials specified in paragraph (1). (3) The authority under this subsection is available for purchases during fiscal year 2014 through fiscal year 2019. . C Other Matters 1321. Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois (a) Authority for transfer of funds Of the funds authorized to be appropriated for section 507 and available for the Defense Health Program for operation and maintenance, $143,087,000 may be transferred by the Secretary of Defense to the Joint Department of Defense–Department of Veterans Affairs Medical Facility Demonstration Fund established by subsection (a)(1) of section 1704 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 2571). For purposes of subsection (a)(2) of such section 1704, any funds so transferred shall be treated as amounts authorized and appropriated specifically for the purpose of such a transfer. (b) Use of transferred funds For the purposes of subsection (b) of such section 1704, facility operations for which funds transferred under subsection (a) may be used are operations of the Captain James A. Lovell Federal Health Care Center, consisting of the North Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility under an operational agreement covered by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4500). 1322. Authorization of appropriations for Armed Forces Retirement Home There is hereby authorized to be appropriated for fiscal year 2014 from the Armed Forces Retirement Home Trust Fund the sum of $67,800,000 for the operation of the Armed Forces Retirement Home. B MILITARY CONSTRUCTION AUTHORIZATIONS 2001. Short title This division may be cited as the Military Construction Authorization Act for Fiscal Year 2014 . 2002. Expiration of authorizations and amounts required to be specified by law (a) Expiration of authorizations after three years Except as provided in subsection (b), all authorizations contained in titles XXI through XXVII for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor) shall expire on the later of— (1) October 1, 2016; or (2) the date of the enactment of an Act authorizing funds for military construction for fiscal year 2017. (b) Exception Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have been obligated before the later of— (1) October 1, 2016; or (2) the date of the enactment of an Act authorizing funds for fiscal year 2017 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program. XXI ARMY MILITARY CONSTRUCTION 2101. Authorized Army construction and land acquisition projects (a) Inside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2103(1), the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Army: Inside the United States State Installation Amount Alaska Fort Wainwright $103,000,000 Colorado Fort Carson $242,200,000 Florida Eglin AFB $4,700,000 Georgia Fort Gordon $61,000,000 Hawaii Fort Shafter $75,000,000 Kansas Fort Leavenworth $17,000,000 Kentucky Fort Campbell $4,800,000 Maryland Aberdeen Proving Ground $21,000,000 Fort Detrick $7,100,000 Missouri Fort Leonard Wood $90,700,000 North Carolina Fort Bragg $5,900,000 Texas Fort Bliss $46,800,000 Virginia Joint Base Langley-Eustis $50,000,000 Washington Joint Base Lewis-McChord $144,000,000 Yakima $9,100,000. (b) Outside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2103(2), the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: Army: Outside the United States Country Installation Amount Kwajalein Kwajalein Atoll $63,000,000 Worldwide Classified Classified Location $33,000,000. 2102. Family housing (a) Construction and acquisition Using amounts appropriated pursuant to the authorization of appropriations in section 2103(5)(A), the Secretary of the Army may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units, and in the amounts set forth in the following table: Army: Family Housing Country Installation Units Amount Germany South Camp Vilseck 29 $16,600,000 Wisconsin Fort McCoy 56 $23,000,000. (b) Planning and design Using amounts appropriated pursuant to the authorization of appropriations in section 2103(5)(A), the Secretary of the Army may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $4,408,000. 2103. Authorization of appropriations, Army Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for military construction, land acquisition, and military family housing functions of the Department of the Army in the total amount of $1,676,754,000 as follows: (1) For military construction projects inside the United States authorized by section 2101(a), $882,300,000. (2) For military construction projects outside the United States authorized by section 2101(b), $96,000,000. (3) For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, $25,000,000. (4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $74,575,000. (5) For military family housing functions: (A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $44,008,000. (B) For support of military family housing (including the functions described in section 2833 of title 10, United States Code), $512,871,000. (6) For the construction of increment 2 of the Cadet Barracks at the United States Military Academy, New York, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239 ; 126 Stat. 2119), $42,000,000. 2104. Modification of authority to carry out certain fiscal year 2004 project In the case of the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136 ; 117 Stat. 1697) for Picatinny Arsenal, New Jersey, for construction of an Explosives Research and Development Loading Facility at the installation, the Secretary of the Army may use available unobligated balances of amounts appropriated for military construction for the Army to complete work on the project within the scope specified for the project in the justification data provided to Congress as part of the request for authorization of the project. 2105. Modification of authority to carry out certain fiscal year 2011 project In the case of the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383 ; 124 Stat. 4437) for Fort Lewis, Washington, for construction of a Regional Logistic Support Complex at the installation, the Secretary of the Army may construct up to 98,381 square yards of Organizational Vehicle Parking. 2106. Modification of authority to carry out certain fiscal year 2010 project In the case of the authorization contained in the table in section 2101(b) of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111–84 ; 123 Stat. 2629) for Camp Arifjan, Kuwait, for construction of APS Warehouses at the camp, the Secretary of the Army may construct up to 74,976 square meters of hardstand parking, 22,741 square meters of access roads, a 6 megawatt power plant, and 50,724 square meters of humidity-controlled warehouses. 2107. Extension of authorizations of certain fiscal year 2010 projects (a) Extensions Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111–84 ; 123 Stat. 2627), the authorizations set forth in the table in subsection (b), as provided in section 2101 of that Act (123 Stat. 2628), shall remain in effect until October 1, 2014, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2015, whichever is later. (b) Table The table referred to in subsection (a) is as follows: Army: Extension of 2010 Project Authorizations State/Country Installation or Location Project Amount Virginia Fort Belvoir Road and Access Control Point $9,500,000 Washington Fort Lewis Fort Lewis-McChord AFB Joint Access $9,000,000 Kuwait Camp Arifjian APS Warehouses $82,000,000. 2108. Extension of authorizations of certain fiscal year 2011 projects (a) Extensions Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383 ; 124 Stat. 4436), the authorizations set forth in the table in subsection (b), as provided in section 2101 of that Act (124 Stat. 4437), shall remain in effect until October 1, 2014, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2015, whichever is later. (b) Table The table referred to in subsection (a) is as follows: Army: Extension of 2011 Project Authorizations State Installation or Location Project Amount California Presidio of Monterey Advanced Individual Training Barracks $63,000,000 Georgia Fort Benning Land Acquisition $12,200,000 New Mexico White Sands Missile Range Barracks $29,000,000 Germany Wiesbaden AB Access Control Point $5,100,000. XXII NAVY MILITARY CONSTRUCTION 2201. Authorized Navy construction and land acquisition projects (a) Inside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2204(1), the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Navy: Inside the United States State Installation Amount California Camp Pendleton $13,124,000 Coronado $8,910,000 San Diego $34,331,000 Twentynine Palms $33,437,000 Barstow $14,998,000 Point Mugu $24,667,000 Port Hueneme $33,600,000 Florida Jacksonville $20,752,000 Key West $14,001,000 Mayport $16,093,000 Georgia Albany $16,610,000 Savannah $61,717,000 Hawaii Kaneohe Bay $236,982,000 Pearl City $30,100,000 Pearl Harbor $57,998,000 Illinois Great Lakes $35,851,000 Maine Bangor $13,800,000 Kittery $11,522,000 Maryland Fort Meade $83,988,000 Nevada Fallon $11,334,000 North Carolina Camp Lejeune $77,999,000 New River $45,863,000 Oklahoma Tinker AFB $14,144,000 Rhode Island Newport $12,422,000 South Carolina Charleston $73,932,000 Virginia Norfolk $3,380,000 Quantico $38,374,000 Yorktown $18,700,000 Dam Neck $10,587,000 Washington Whidbey Island $117,649,000 Bremerton $18,189,000. (b) Outside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2204(2), the Secretary of the Navy may acquire real property and carry out military construction projects for the installation or location outside the United States, and in the amounts, set forth in the following table: Navy: Outside the United States Country Installation Amount Djibouti Camp Lemonier $29,000,000 Guam Joint Region Marianas $318,377,000 Japan Yokosuka $7,568,000 Camp Butler $5,820,000. 2202. Family housing Using amounts appropriated pursuant to the authorization of appropriations in section 2204(5)(A), the Secretary of the Navy may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $4,438,000. 2203. Improvements to military family housing units Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2204(5)(A), the Secretary of the Navy may improve existing military family housing units in an amount not to exceed $68,969,000. 2204. Authorization of appropriations, Navy Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for military construction, land acquisition, and military family housing functions of the Department of the Navy in the total amount of $2,163,520,000, as follows: (1) For military construction projects inside the United States authorized by section 2201(a), $1,205,054,000. (2) For military construction projects outside the United States authorized by section 2201(b), $360,765,000. (3) For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, $19,740,000. (4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $89,830,000. (5) For military family housing functions: (A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $73,407,000. (B) For support of military family housing (including functions described in section 2833 of title 10, United States Code), $389,844,000. (6) For the construction of increment 3 of the Explosives Handling Wharf No. 2 at Kitsap, Washington, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 ; 125 Stat. 1666), as amended by section 2205 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239 ; 126 Stat. 2124) $24,880,000. 2205. Modification of authority to carry out certain fiscal year 2011 project In the case of the authorization contained in the table in section 2201(b) of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383 ; 124 Stat. 4441), for Southwest Asia Bahrain, for construction of Navy Central Command Ammunition Magazines at that location, the Secretary of the Navy may construct additional Type C earth covered magazines (to provide a project total of eighteen), ten new modular storage magazines, an inert storage facility, a maintenance and ground support equipment facility, concrete pads for portable ready service lockers, and associated supporting facilities using appropriations available for the project. 2206. Modification of authority to carry out certain fiscal year 2012 project In the case of the authorization contained in the table in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 ; 125 Stat. 1666), for Kitsap Washington, for construction of Explosives Handling Wharf No. 2 at that location, the Secretary of the Navy may construct new hardened facilities in lieu of hardening existing structures and may construct a new facility to replace the existing Coast Guard Maritime Force Protection Unit and the Naval Undersea Warfare Command unhardened facilities using appropriations available for the project. 2207. Extension of authorizations of certain fiscal year 2011 projects (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383 ; 124 Stat. 4436), the authorization set forth in the table in subsection (b), as provided in section 2201 of that Act (124 Stat. 4441), shall remain in effect until October 1, 2014, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2015, whichever is later. (b) Table The table referred to in subsection (a) is as follows: Navy: Extension of 2011 Project Authorizations State/Country Installation or Location Project Amount Bahrain Island SW Asia Navy Central Command Ammunition Magazines $89,280,000. 2208. Extension of authorizations of certain fiscal year 2011 project (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383 ; 124 Stat. 4436), the authorization set forth in the table in subsection (b), as provided in section 2201 of that Act (124 Stat. 4441), shall remain in effect until October 1, 2015, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2016, whichever is later. (b) Table The table referred to in subsection (a) is as follows: Navy: Extension of 2011 Project Authorizations State/Country Installation or Location Project Amount Guam Guam Defense Access Roads Improvements $66,730,000. XXIII AIR FORCE MILITARY CONSTRUCTION 2301. Authorized Air Force construction and land acquisition projects (a) Inside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2304(1), the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Air Force: Inside the United States State Installation Amount Arizona Luke AFB $26,900,000 California Beale AFB $62,000,000 Florida Tyndall AFB $9,100,000 Hawaii Joint Base Pearl Harbor-Hickam $4,800,000 Kentucky Fort Campbell $8,000,000 Maryland Fort Meade $358,000,000 Joint Base Andrews $30,000,000 Missouri Whiteman AFB $5,900,000 Nevada Nellis AFB $78,500,000 New Mexico Cannon AFB $34,100,000 Holloman AFB $2,250,000 Kirtland AFB $30,500,000 North Dakota Minot AFB $23,830,000 Oklahoma Tinker AFB $8,600,000 Texas Fort Bliss $3,350,000 Utah Hill AFB $32,000,000 Virginia Joint Base Langley-Eustis $4,800,000 Unspecified Unspecified Locations $255,700,000. (b) Outside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2304(2), the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: Air Force: Outside the United States Country Installation Amount Greenland Thule AB $43,904,000 Guam Joint Region Marianas $176,230,000 Mariana Islands Saipan $29,300,000 United Kingdom RAF Lakenheath $22,047,000 RAF Croughton $12,000,000. 2302. Family housing Using amounts appropriated pursuant to the authorization of appropriations in section 2304(5)(A), the Secretary of the Air Force may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $4,267,000. 2303. Improvements to military family housing units Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2304(5)(A), the Secretary of the Air Force may improve existing military family housing units in an amount not to exceed $72,093,000. 2304. Authorization of appropriations, Air Force Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for military construction, land acquisition, and military family housing functions of the Department of the Air Force in the total amount of $1,621,531,000, as follows: (1) For military construction projects inside the United States authorized by section 2301(a), $705,330,000. (2) For military construction projects outside the United States authorized by section 2301(b), $283,481,000. (3) For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, $20,448,000. (4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $11,314,000. (5) For military family housing functions: (A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $76,360,000. (B) For support of military family housing (including functions described in section 2833 of title 10, United States Code), $388,598,000. (6) For the construction of increment 3 of the United States Strategic Command Replacement Facility at Offutt Air Force Base, Nebraska, authorized by section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of the Public Law 112–81 ; 125 Stat. 1670), $136,000,000. 2305. Extension of authorizations of certain fiscal year 2011 project (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383 ; 124 Stat. 4436), the authorization set forth in the table in subsection (b), as provided in section 2301 of that Act (124 Stat. 4444), shall remain in effect until October 1, 2014, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2015, whichever is later. (b) Table The table referred to in subsection (a) is as follows: Air Force: Extension of 2011 Project Authorizations State Installation or Location Project Amount Bahrain, SW Asia Shaikh Isa AB North Apron Expansion $45,000,000. XXIV DEFENSE AGENCIES MILITARY CONSTRUCTION A Defense Agency Authorizations 2401. Authorized defense agencies construction and land acquisition projects (a) Inside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2403(1), the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Defense Agencies: Inside the United States State Installation Amount Alaska Clear AFS $17,204,000 Fort Greely $82,000,000 California Miramar $6,000,000 Defense Distribution Depot-Tracy $37,554,000 Brawley $23,095,000 Colorado Fort Carson $22,282,000 Florida Hurlburt Field $7,900,000 Jacksonville $7,500,000 Tyndall AFB $9,500,000 Key West $3,600,000 Panama City $2,600,000 Georgia Fort Benning $43,335,000 Fort Stewart $44,504,000 Moody AFB $3,800,000 Hunter Army Airfield $13,500,000 Hawaii Joint Base Pearl Harbor-Hickam $2,800,000 Ford Island $2,615,000 Kentucky Fort Campbell $124,211,000 Fort Knox $303,023,000 Maryland Aberdeen Proving Ground $210,000,000 Bethesda Naval Hospital $66,800,000 Massachusetts Hanscom AFB $36,213,000 New Jersey Joint Base McGuire-Dix-Lakehurst $10,000,000 New Mexico Holloman AFB $81,400,000 North Carolina Camp Lejeune $43,377,000 Fort Bragg $172,065,000 North Dakota Minot AFB $6,400,000 Oklahoma Tinker AFB $36,000,000 Altus AFB $2,100,000 Pennsylvania Defense Distribution Depot New Cumberland $9,000,000 South Carolina Beaufort $41,324,000 Tennessee Arnold Air Force Base $2,200,000 Texas Joint Base San Antonio $12,600,000 Virginia Joint Expeditionary Base Little Creek-Story $30,404,000 Quantico $40,586,000 Dam Neck $11,147,000 DLA Aviation Richmond $87,000,000 Pentagon $59,450,000 Washington Whidbey Island $10,000,000. (b) Outside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2403(2), the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: Defense Agencies: Outside the United States Country Installation Amount Bahrain Island SW Asia $45,400,000 Belgium Brussels $67,613,000 Germany Wiesbaden $109,655,000 Kaiserlautern AB $49,907,000 Ramstein AB $98,762,000 Japan Iwakuni $34,000,000 Kadena AB $38,792,000 Yokosuka $10,600,000 Atsugi $4,100,000 Torri Commo Station $71,451,000 Korea Camp Walker $52,164,000 United Kingdom RAF Mildenhall $84,629,000 Royal Air Force Lakenheath $69,638,000 Worldwide Classified Classified Location $15,000,000. 2402. Authorized energy conservation projects Using amounts appropriated pursuant to the authorization of appropriations in section 2403(6), the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, in the amount of $150,000,000. 2403. Authorization of appropriations, Defense Agencies Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments) in the total amount of $4,042,925,000, as follows: (1) For military construction projects inside the United States authorized by section 2401(a), $1,725,089,000. (2) For military construction projects outside the United States authorized by section 2401(b), $751,711,000. (3) For unspecified minor military construction projects under section 2805 of title 10, United States Code, $43,817,000. (4) For contingency construction projects of the Secretary of Defense under section 2804 of title 10, United States Code, $10,000,000. (5) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $237,838,000. (6) For energy conservation projects under chapter 173 of title 10, United States Code, $150,000,000. (7) For military family housing functions: (A) For support of military family housing (including functions described in section 2833 of title 10, United States Code), $55,845,000. (B) For credits to the Department of Defense Family Housing Improvement Fund under section 2883 of title 10, United States Code, and the Homeowners Assistance Fund established under section 1013 of the Demonstration Cities and Metropolitan Development Act of 1966 ( 42 U.S.C. 3374 ), $1,780,000. (8) For the construction of increment 8 of the Army Medical Research Institute of Infectious Diseases Stage I at Fort Detrick, Maryland, authorized by section 2401(a) of the Military Construction Authorization Act of Fiscal Year 2007 (division B of Public Law 109–364 ; 120 Stat. 2457), $13,000,000. (9) For the construction of increment 5 of the hospital at Fort Bliss, Texas, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111–84 ; 123 Stat. 2642), $252,100,000. (10) For the construction of increment 3 of the High Performance Computing Center at Fort Meade, Maryland, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 ; 125 Stat. 1672), as amended by section 2404(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239 ; 126 Stat. 2131), $431,000,000. (11) For the construction of increment 3 of the Medical Center Replacement at Rhine Ordnance Barracks, Germany, authorized by section 2401(b) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 ; 125 Stat. 1673), as amended by section 2404(b) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239 ; 126 Stat. 2131), $151,545,000. (12) For the construction of increment 2 of the Ambulatory Care Center at Joint Base Andrews, Maryland, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 ; 125 Stat. 1673), $76,200,000. (13) For the construction of increment 2 of the NSAW Recapitalize Building #1 at Fort Meade, Maryland, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239 ; 126 Stat. 2127), $58,000,000. (14) For the construction of increment 2 of the Aegis Ashore Missile Defense System Complex at Deveselu, Romania, authorized by section 2401(b) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2128), $85,000,000. B Chemical Demilitarization Authorizations 2411. Authorization of appropriations, chemical demilitarization construction, defense-wide Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for the construction of phase XIV of a munitions demilitarization facility at Blue Grass Army Depot, Kentucky, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106–65 ; 113 Stat. 835), as amended by section 2405 of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107–107; 115 Stat. 1298), section 2405 of the Military Construction Authorization Act for Fiscal Year 2003 (division B of Public Law 107–314 ; 116 Stat. 2698), section 2414 of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110–417 ; 122 Stat. 4697), and section 2412 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383 ; 124 Stat. 4450), $122,536,000. XXV NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM 2501. Authorized NATO construction and land acquisition projects The Secretary of Defense may make contributions for the North Atlantic Treaty Organization Security Investment Program as provided in section 2806 of title 10, United States Code, in an amount not to exceed the sum of the amount authorized to be appropriated for this purpose in section 2502 and the amount collected from the North Atlantic Treaty Organization as a result of construction previously financed by the United States. 2502. Authorization of appropriations, NATO Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2012, for contributions by the Secretary of Defense under section 2806 of title 10, United States Code, for the share of the United States of the cost of projects for the North Atlantic Treaty Organization Security Investment Program authorized by section 2501, in the amount of $239,700,000. XXVI GUARD AND RESERVE FORCES FACILITIES A Project Authorizations and Authorization of Appropriations 2601. Authorized Army National Guard construction and land acquisition projects (a) Inside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2606(1), the Secretary of the Army may acquire real property and carry out military construction projects for the Army National Guard locations inside the United States, and in the amounts, set forth in the following table: Army National Guard: Inside the United States State Installation Amount Alabama Decatur $4,000,000 Arkansas Fort Chaffee $21,000,000 Florida Pinellas Park $5,700,000 Illinois Kankakee $42,000,000 Massachusetts Camp Edwards $19,000,000 Michigan Camp Grayling $17,000,000 Minnesota Stillwater $17,000,000 Mississippi Camp Shelby $3,000,000 Pascagoula $4,500,000 Missouri Whiteman AFB $5,000,000 Macon $9,100,000 New York New York $31,000,000 Ohio Ravenna Army Ammunition Plant $5,200,000 Pennsylvania Fort Indiantown Gap $40,000,000 South Carolina Greenville $26,000,000 Texas Fort Worth $14,270,000 Wyoming Afton $10,200,000. (b) Outside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2606(1), the Secretary of the Army may acquire real property and carry out military construction projects for the Army National Guard locations outside the United States, and in the amounts, set forth in the following table: Army National Guard: Outside the United States Country Installation Amount Puerto Rico Camp Santiago $5,600,000. 2602. Authorized Army Reserve construction and land acquisition projects Using amounts appropriated pursuant to the authorization of appropriations in section 2606(2), the Secretary of the Army may acquire real property and carry out military construction projects for the Army Reserve locations inside the United States, and in the amounts, set forth in the following table: Army Reserve State Installation Amount California Fort Hunter Liggett $16,500,000 Camp Parks $17,500,000 Maryland Bowie $25,500,000 New Jersey Joint Base McGuire-Dix-Lakehurst $36,200,000 New York Bullville $14,500,000 North Carolina Fort Bragg $24,500,000 Wisconsin Fort McCoy $23,400,000. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects Using amounts appropriated pursuant to the authorization of appropriations in section 2606(3), the Secretary of the Navy may acquire real property and carry out military construction projects for the Navy Reserve and Marine Corps Reserve locations inside the United States, and in the amounts, set forth in the following table: Navy Reserve and Marine Corps Reserve State Installation Amount California March AFB $11,086,000 Missouri Kansas City $15,020,000 Tennessee Memphis $4,330,000. 2604. Authorized Air National Guard construction and land acquisition projects Using amounts appropriated pursuant to the authorization of appropriations in section 2606(4), the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air National Guard locations inside the United States, and in the amounts, set forth in the following table: Air National Guard State Installation Amount Alabama Birmingham IAP $8,500,000 Indiana Hulman Regional Airport $7,300,000 Maryland Fort Meade $4,000,000 Martin State Airport $12,900,000 Montana Great Falls IAP $22,000,000 New York Fort Drum $4,700,000 Ohio Springfield Beckley-Map $7,200,000 Pennsylvania Fort Indiantown Gap $7,700,000 Rhode Island Quonset State Airport $6,000,000 Tennessee McGhee-Tyson Airport $18,000,000. 2605. Authorized Air Force Reserve construction and land acquisition projects Using amounts appropriated pursuant to the authorization of appropriations in section 2606(5), the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air Force Reserve locations inside the United States, and in the amounts, set forth in the following table: Air Force Reserve State Installation Amount California March AFB $19,900,000 Florida Homestead AFS $9,800,000 Oklahoma Tinker AFB $12,200,000. 2606. Authorization of appropriations, National Guard and Reserve Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for the costs of acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve Forces, and for contributions therefor, under chapter 1803 of title 10, United States Code (including the cost of acquisition of land for those facilities), in the following amounts: (1) For the Department of the Army, for the Army National Guard of the United States, $320,815,000. (2) For the Department of the Army, for the Army Reserve, $174,060,000. (3) For the Department of the Navy, for the Navy and Marine Corps Reserve, $32,976,000. (4) For the Department of the Air Force, for the Air National Guard of the United States, $119,800,000. (5) For the Department of the Air Force, for the Air Force Reserve, $45,659,000. B Other Matters 2611. Modification of authority to carry out certain fiscal year 2013 project In the case of the authorization contained in the table in section 2603 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239 ; 126 Stat. 2135), for Fort Des Moines, Iowa, for construction of a Joint Reserve Center at that location, the Secretary of the Navy may, instead of constructing a new facility at Camp Dodge, acquire up to approximately 20 acres to construct a Joint Reserve Center and associated supporting facilities in the greater Des Moines, Iowa area using appropriations available for the project. 2612. Extension of authorization of certain fiscal year 2011 project (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383 ; 124 Stat. 4436), the authorization set forth in the table in section 2604 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383 ; 124 Stat. 4454) for Nashville International Airport, Tennessee, shall remain in effect until October 1, 2014, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2015, whichever is later. (b) Table The table referred to in subsection (a) is as follows: State Installation or Location Project Amount Tennessee Nashville International Airport Intelligence Group and Remotely Piloted Aircraft Remote Split Operations Group $5,500,000. 2613. Extension of authorization of certain fiscal year 2011 project (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383 ; 124 Stat. 4436), the authorization set forth in the table in subsection (b), as provided in section 2601 of that Act (124 Stat. 4452), for Camp Santiago, Puerto Rico, shall remain in effect until October 1, 2014, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2015, whichever is later. (b) Table The table referred to in subsection (a) is as follows: State Installation or Location Project Amount Puerto Rico Camp Santiago Multi Purpose Machine Gun Range $9,200,000. XXVII BASE REALIGNMENT AND CLOSURE ACTIVITIES 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for base realignment and closure activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510 ; 10 U.S.C. 2687 note) and funded through the Department of Defense Base Closure Account 1990 established by section 2906 of such Act, in the total amount of $451,357,000, as follows: (1) For the Department of the Army, $180,401,000. (2) For the Department of the Navy, $144,580,000. (3) For the Department of the Air Force, $126,376,000. XXVIII Military Construction General Provisions A Military Construction Program Changes 2801. Revisions to minor military construction authorities (a) Establishment of minor military construction exception threshold Subsection (a) of section 2805 of title 10, United States Code, is amended by adding at the end the following new paragraph: (3) For purposes of this section, the minor military construction exception threshold is $4,000,000. . (b) Increase in dollar thresholds for certain authorities relating to unspecified minor military construction (1) Maximum amount for projects to correct deficiencies that are life-, health-, or safety-threatening Subsection (a)(2) of such section is amended by striking $3,000,000 in the second sentence and inserting the minor military construction exception threshold . (2) Maximum amount for general rule for projects for which o&m funds may be used Subsection (c) of such section is amended by striking $750,000 and inserting $1,000,000 . (c) Minimum amount for projects subject to secretarial approval and congressional notice-and-Wait Subsection (b)(1) of such section is amended by striking $750,000 and inserting the amount specified in subsection (c) . (d) Modification and extension of authority for laboratory revitalization projects (1) Modification Subsection (d) of such section is amended— (A) in paragraph (1)(A), by striking not more than $2,000,000 and inserting not more than $4,000,000, notwithstanding subsection (c) ; and (B) in paragraph (2), by striking (2) and inserting (2) For purposes of this subsection, an unspecified minor military construction project is a military construction project that (notwithstanding subsection (a)) has an approved cost equal to or less than $4,000,000. . (2) Effective date The amendments made by paragraph (1) do not apply to any laboratory revitalization project for which the design phase has been completed as of the date of the enactment of this Act. 2802. Change in authorities relating to unspecified minor construction Section 2805 of title 10, United States Code, is amended by adding at the end the following new subsection: (f) Adjustments for location The dollar limitations specified in subsections (a) through (d) shall be adjusted to reflect the appropriate area construction cost index for military construction projects published by the Department of Defense. The appropriate cost index shall be the factor published during the prior fiscal year that applies to the location of the project. . B Real Property and Facilities Administration 2811. Authority for acceptance of funds to cover administrative expenses associated with real property leases and easements (a) Authority Subsection (e)(1)(C) of section 2667 of title 10, United States Code, is amended by adding at the end the following new clause: (vi) Amounts as the Secretary considers necessary to cover program expenses incurred by the Secretary under this section and for easements under section 2668 of this title. . (b) Program expenses defined Subsection (i) of such section is amended— (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following new paragraph (4): (4) The term program expenses includes expenses related to developing, assessing, negotiating, executing, and managing lease and easement transactions, but does not include Government personnel costs. . 2812. Application of cash payments received for utilities and services Section 2872a(c)(2) of title 10, United States Code, is amended by striking from which the cost of furnishing the utilities or services concerned was paid and inserting currently available for the purpose of furnishing utilities or services under subsection (a) . 2813. Acquisition of real property at Naval Base Ventura County, California (a) Authority The Secretary of the Navy may acquire all right, title, and interest to property and improvements at Naval Base Ventura County, California, constructed pursuant to section 801 of Public Law 98–115 . (b) Use Upon acquiring the real property under subsection (a), the Secretary may use the improvements as provided in sections 2835 and 2835a of title 10, United States Code. C Land Withdrawals 2821. Military land withdrawals and codification of statutory provisions relating to China Lake, Limestone Hills, Chocolate Mountain, and Twentynine Palms (a) Military land withdrawals and creation of new chapter Subtitle A of title 10, United States Code, is amended by inserting after chapter 173 the following new chapter: 174 Land Withdrawals Subchapter Sec. I. General Provisions 2931 II. China Lake, California 2955 III. Limestone Hills, Montana 2957 IV. Chocolate Mountain, California 2959 V. Twentynine Palms, California 2961 I General Provisions Sec. 2931. General applicability; definition. 2932. Maps and legal descriptions. 2933. Access restrictions. 2934. Changes in use. 2935. Authorizations for nondefense-related uses. 2936. Brush and range fire prevention and suppression. 2937. On-going decontamination. 2938. Water rights. 2939. Hunting, fishing, and trapping. 2940. Limitation on extensions and renewals. 2941. Application for renewal of a withdrawal and reservation. 2942. Limitation on subsequent availability of lands for appropriation. 2943. Relinquishment. 2944. Interchanges and transfers of Federal lands. 2945. Delegability by the Secretary of the Interior. 2946. Land withdrawals; immunity of the United States. 2931. General applicability; definition (a) Applicability of subchapter The provisions of this subchapter apply to any withdrawal made by this chapter. (b) Rules of construction (1) Except as may be provided pursuant to section 2944 of this title, nothing in this chapter shall be construed as assigning management of real property under the administrative jurisdiction of the Secretary concerned to the Secretary of the Interior. (2) The terms manage and management , when used in reference to lands withdrawn and reserved by this chapter, include the authority to exercise jurisdiction, custody, and control over those lands in accordance with this title, except that those terms do not include authority for land disposal. (c) Definition In this chapter, the term Indian tribe has the meaning given such term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 479a ). 2932. Maps and legal descriptions (a) Preparation of maps and legal descriptions As soon as practicable after the date of the enactment of a subchapter of this chapter, the Secretary of the Interior shall— (1) publish in the Federal Register a notice containing the legal description of the lands withdrawn and reserved by such subchapter; and (2) file a map or maps and legal description of the lands withdrawn and reserved by such subchapter with the Committee on Armed Services and the Committee on Energy and Natural Resources of the Senate and the Committee on Armed Services and the Committee on Natural Resources of the House of Representatives. (b) Legal effect Such maps and legal descriptions shall have the same force and effect as if they were included in this chapter, except that the Secretary of the Interior may correct clerical and typographical errors in such maps and legal descriptions. (c) Availability Copies of such maps and legal descriptions shall be available for public inspection— (1) in the appropriate offices of the Bureau of Land Management; (2) in the office of the commanding officer of the military installation at which the lands are withdrawn; and (3) if the military installation is under the management of the National Guard, in the office of the Adjutant General of the State in which the installation is located. (d) Costs The Secretary concerned shall reimburse the Secretary of the Interior for the costs incurred by the Secretary of the Interior in implementing this section. 2933. Access restrictions (a) In general If the Secretary concerned determines that military operations, public safety, or national security require the closure to the public of any road, trail, or other portion of the lands withdrawn and reserved by a subchapter of this chapter, the Secretary may take such action as the Secretary determines necessary or desirable to effect and maintain such closure. (b) Limitation Any closure under subsection (a) shall be limited to the minimum areas and periods that the Secretary concerned determines are required for the purposes specified in such subsection. (c) Consultation (1) Before a closure under this section is implemented, the Secretary concerned shall consult with the Secretary of the Interior. (2) In a case in which such a closure may affect access to or use of sacred sites or resources considered important by an Indian tribe, the Secretary concerned shall consult, at the earliest practicable time, with that tribe. (3) No consultation is required under paragraph (1) or (2)— (A) if the closure is already provided for in an integrated natural resources management plan, an installation cultural resources management plan, or a land use management plan; or (B) in the case of an emergency, as determined by the Secretary concerned. (d) Notice Immediately preceding and during any closure under subsection (a), the Secretary concerned shall post appropriate warning notices and take other steps, as necessary, to notify the public of the closure. 2934. Changes in use (a) Other uses authorized The Secretary concerned may authorize the use of lands withdrawn and reserved by a subchapter of this chapter for defense-related purposes in addition to the purposes specified in such subchapter. (b) Notice to secretary of the interior The Secretary concerned shall promptly notify the Secretary of the Interior in the event that the lands withdrawn and reserved by a subchapter of this chapter will be used for additional defense-related purposes. Such notification shall indicate— (1) the additional use or uses involved; (2) the planned duration of such additional uses; and (3) the extent to which such additional uses will require that additional or more stringent conditions or restrictions be imposed on otherwise-permitted non-defense-related uses of the withdrawn and reserved lands or portions thereof. 2935. Authorizations for nondefense-related uses (a) Authorizations by the secretary of the interior Subject to the applicable withdrawals contained in each subchapter of this chapter, with the consent of the Secretary concerned, the Secretary of the Interior may authorize the use, occupancy, or development of the lands withdrawn and reserved by this chapter. (b) Authorizations by the secretary concerned The Secretary concerned may authorize the use, occupancy, or development of the lands withdrawn and reserved by this chapter— (1) for a defense-related purpose; or (2) subject to the consent of the Secretary of the Interior, for a non-defense-related purpose. (c) Form of authorization An authorization under this section may be provided by lease, easement, right-of-way, permit, license, or other instrument authorized by law. (d) Prevention of drainage of oil or gas resources For the purpose of preventing drainage of oil or gas resources, the Secretary of the Interior may lease lands otherwise withdrawn from operation of the mineral leasing laws and reserved for defense-related purposes under this chapter, under such terms and conditions as the Secretary considers appropriate. No surface occupancy may be approved by the Secretary of the Interior without the consent of the Secretary concerned. The Secretary of the Interior may unitize or consent to communitization of such lands. The Secretary of the Interior may promulgate regulations to implement this subsection. 2936. Brush and range fire prevention and suppression (a) Required activities The Secretary concerned shall, consistent with any applicable land management plan, take necessary precautions to prevent, and actions to suppress, brush and range fires occurring as a result of military activities on the lands withdrawn and reserved by this chapter, including fires outside those lands that spread from the withdrawn and reserved lands and which occurred as a result of such activities. (b) Cooperation of secretary of the interior At the request of the Secretary concerned, the Secretary of the Interior shall provide assistance in the suppression of such fires and shall be reimbursed for such assistance by the Secretary concerned. Notwithstanding section 2215 of this title, the Secretary concerned may transfer to the Secretary of the Interior, in advance, funds to reimburse the costs of the Department of the Interior in providing such assistance. 2937. On-going decontamination Throughout the duration of a withdrawal and reservation of lands under this chapter, the Secretary concerned shall maintain, to the extent funds are available for such purpose, a program of decontamination of contamination caused by defense-related uses on such lands consistent with applicable Federal and State law. The Secretary of Defense shall include a description of such decontamination activities in the annual report required by section 2711 of this title. 2938. Water rights (a) No reservation created Nothing in this chapter shall be construed— (1) to establish a reservation in favor of the United States with respect to any water or water right on the lands withdrawn and reserved by this chapter; or (2) to authorize the appropriation of water on such lands except in accordance with applicable State law. (b) Effect on previously acquired or reserved water rights This section shall not be construed to affect any water rights acquired or reserved by the United States before the date of the enactment of the applicable subchapter of this chapter, and the Secretary concerned may exercise any such previously acquired or reserved water rights. 2939. Hunting, fishing, and trapping Section 2671 of this title shall apply to all hunting, fishing, and trapping on the lands withdrawn and reserved by this chapter and for which management has been assigned to the Secretary concerned. 2940. Limitation on extensions and renewals The withdrawals and reservations established by this chapter may not be extended or renewed except by a law enacted by Congress. 2941. Application for renewal of a withdrawal and reservation (a) Notice To the extent practicable, no later than five years before the termination of a withdrawal and reservation established by a subchapter of this chapter, the Secretary concerned shall notify the Secretary of the Interior as to whether or not the Secretary concerned will have a continuing defense-related need for any of the lands withdrawn and reserved by such subchapter after the termination date of such withdrawal and reservation. The Secretary concerned shall provide a copy of the notice to the Committee on Armed Services and the Committee on Energy and Natural Resources of the Senate and the Committee on Armed Services and the Committee on Natural Resources of the House of Representatives. (b) Filing for extension If the Secretary concerned concludes that there will be a continuing defense-related need for any of such lands after the termination date, the Secretary shall file an application for extension of the withdrawal and reservation of such needed lands in accordance with the regulations and procedures of the Department of the Interior applicable to the extension of withdrawals. 2942. Limitation on subsequent availability of lands for appropriation At the time of termination of a withdrawal and reservation made by a subchapter of this chapter, the previously withdrawn lands shall not be open to any form of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws, until the Secretary of the Interior publishes in the Federal Register an appropriate order specifying the date upon which such lands shall be restored to the public domain and opened for such purposes. 2943. Relinquishment (a) Notice of intention To relinquish If, during the period of withdrawal and reservation, the Secretary concerned decides to relinquish any or all of the lands withdrawn and reserved by a subchapter of this chapter, the Secretary concerned shall file a notice of intention to relinquish with the Secretary of the Interior. (b) Determination of contamination As a part of the notice under subsection (a), the Secretary concerned shall include a written determination concerning whether and to what extent the lands that are to be relinquished are contaminated with explosive materials or toxic or hazardous substances. (c) Public notice The Secretary of the Interior shall publish in the Federal Register the notice of intention to relinquish, including the determination concerning the contaminated state of the lands. (d) Decontamination of lands To be relinquished (1) Decontamination required If land subject of a notice of intention to relinquish pursuant to subsection (a) is contaminated, and the Secretary of the Interior, in consultation with the Secretary concerned, determines that decontamination is practicable and economically feasible (taking into consideration the potential future use and value of the land) and that, upon decontamination, the land could be opened to operation of some or all of the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws, the Secretary concerned shall decontaminate the land to the extent that funds are appropriated for such purpose. (2) Alternatives If the Secretary of the Interior, after consultation with the Secretary concerned, concludes that decontamination of land subject of a notice of intention to relinquish pursuant to subsection (a) is not practicable or economically feasible, or that the land cannot be decontaminated sufficiently to be opened to operation of some or all of the public land laws, or if Congress does not appropriate sufficient funds for the decontamination of such land, the Secretary of the Interior shall not be required to accept the land proposed for relinquishment. (3) Status of contaminated lands upon termination If, because of their contaminated state, the Secretary of the Interior declines to accept the lands withdrawn and reserved by a subchapter of this chapter which have been proposed for relinquishment, or if at the expiration of the withdrawal and reservation made by such subchapter the Secretary of the Interior determines that some of the lands withdrawn and reserved by such subchapter are contaminated to an extent which prevents opening such contaminated lands to operation of the public land laws— (A) the Secretary concerned shall take appropriate steps to warn the public of the contaminated state of such lands and any risks associated with entry onto such lands; (B) after the expiration of the withdrawal and reservation, the Secretary concerned shall undertake no activities on such lands except in connection with decontamination of such lands; and (C) the Secretary concerned shall report to the Secretary of the Interior and to the Congress concerning the status of such lands and all actions taken in furtherance of this paragraph. (e) Revocation authority Upon deciding that it is in the public interest to accept the lands proposed for relinquishment pursuant to subsection (a), the Secretary of the Interior may order the revocation of a withdrawal and reservation established by a subchapter of this chapter as it applies to such lands. The Secretary of the Interior shall publish in the Federal Register the revocation order, which shall— (1) terminate the withdrawal and reservation; (2) constitute official acceptance of the lands by the Secretary of the Interior; and (3) state the date upon which the lands will be opened to the operation of some or all of the public land laws, including the mining laws. (f) Acceptance by secretary of the interior Nothing in this section shall be construed to require the Secretary of the Interior to accept the lands proposed for relinquishment if the Secretary determines that such lands are not suitable for return to the public domain. If the Secretary makes such a determination, the Secretary shall provide notice of the determination to Congress. 2944. Interchanges and transfers of Federal lands (a) Authority The Secretary of the Interior and the Secretary concerned may interchange or transfer between each other parcels of Federal land under their jurisdiction. A parcel may include multiple non-contiguous pieces of Federal lands. (b) Conditions Any interchange or transfer of land under this section is subject to the following conditions: (1) The Secretary of the Interior and the Secretary concerned must each determine that the interchange or transfer is to the benefit of their respective department and in the public interest. (2) Both parcels of land to be interchanged must, before the interchange, be located on the same military installation. (3) Both parcels of land to be interchanged must be of approximately the same acreage. (4) The parcel to be transferred must be located on the military installation to which it is transferred. (5) The parcel interchanged or transferred by the Secretary of the Interior must be part of the lands withdrawn and reserved by this chapter. (6) The parcel interchanged or transferred by the Secretary concerned must be under the administrative jurisdiction of the Secretary concerned and excess to the needs of the Department of Defense. (7) During the term of a withdrawal, no more than 5,000 acres may be transferred under this section by one Secretary to the other on any one military installation. (c) Status of federal land after interchange Upon completion of an interchange or transfer under this section— (1) at the discretion of the Secretary of the Interior, a parcel received by the Secretary of the Interior may— (A) become withdrawn and reserved lands under the provisions of this chapter; or (B) be managed as public lands under the provisions of the Federal Land Policy and Management Act ( 43 U.S.C. 1701 et seq. ) and other applicable law; and (2) a parcel received by the Secretary concerned shall— (A) cease to be part of the public lands and lands withdrawn and reserved by this chapter; and (B) be treated as property under section 102(9) of title 40 under the administrative jurisdiction of the Secretary concerned. (d) Equalization payments Neither the Secretary of the Interior nor the Secretary concerned may make an equalization payment to further a land interchange or transfer under this section. 2945. Delegability by the Secretary of the Interior The Secretary of the Interior may delegate the Secretary’s functions under this chapter, except that an order pursuant to section 2942 of this title and a revocation order pursuant to section 2943(e) of this title may be approved and signed only by individuals in the Office of the Secretary who have been appointed by the President, by and with the advice and consent of the Senate. 2946. Land withdrawals; immunity of the United States The United States and all departments and agencies thereof, and their officers and employees, shall be held harmless and shall not be liable for any injuries or damages to persons or property suffered in the course of any mining or mineral or geothermal leasing activity or other authorized non-defense-related activity conducted on lands withdrawn and reserved by this chapter. II China Lake, California Sec. 2955a. Withdrawal and reservation. 2955b. Management of withdrawn and reserved lands. 2955c. Duration of withdrawal and reservation. 2955a. Withdrawal and reservation (a) Withdrawal Subject to valid existing rights and except as otherwise provided in this subchapter, the public lands and interests in lands described in subsection (c), and all other areas within the boundary of such lands as depicted on the map provided for by section 2932 of this title which may become subject to the operation of the public land laws, are hereby withdrawn from all forms of appropriation under the public land laws, including the mining laws and the mineral leasing laws. (b) Reservation The lands withdrawn by subsection (a) are reserved for use by the Secretary of the Navy for the following purposes: (1) Use as a research, development, test, and evaluation laboratory. (2) Use as a range for air warfare weapons and weapon systems. (3) Use as a high hazard testing and training area for aerial gunnery, rocketry, electronic warfare and countermeasures, tactical maneuvering and air support, and directed energy and unmanned aerial systems. (4) Geothermal leasing, development, and related power production activities. (5) Other defense-related purposes consistent with the purposes specified in the preceding paragraphs and authorized pursuant to section 2934 of this title. (c) Land description The public lands and interests in lands referred to in subsection (a) are the Federal lands located within the boundaries of the Naval Air Weapons Station China Lake, comprising approximately 1,030,000 acres in Inyo, Kern, and San Bernardino Counties, California, as generally depicted on a map entitled Naval Air Weapons Station China Lake Withdrawal—Renewal , dated XX, xx, 2012, and filed in accordance with section 2932 of this title. 2955b. Management of withdrawn and reserved lands (a) Management by the secretary of the interior (1) Except as provided in subsection (b), during the period of the withdrawal and reservation of lands by this subchapter, the Secretary of the Interior shall manage the lands withdrawn and reserved by section 2955a of this title in accordance with this chapter, the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ), and other applicable law. (2) To the extent consistent with applicable law and Executive orders, the lands withdrawn by section 2955a of this title may be managed in a manner permitting the following activities: (A) Grazing. (B) Protection of wildlife and wildlife habitat. (C) Preservation of cultural properties. (D) Control of predatory and other animals. (E) Recreation and education. (F) Prevention and appropriate suppression of brush and range fires resulting from non-military activities. (G) Geothermal leasing and development and related power production activities. (3) All non-defense-related uses of such lands, including the uses described in paragraph (2), shall be subject to such conditions and restrictions as may be necessary to permit the defense-related use of such lands for the purposes specified in or authorized pursuant to this chapter. (b) Assignment of management (1) The Secretary of the Interior may assign the management responsibility, in whole or in part, for the lands withdrawn and reserved by section 2955a of this title to the Secretary of the Navy who, if so assigned, shall manage such lands in accordance with this title, title I of the Sikes Act ( 16 U.S.C. 670a et seq. ), the Federal Land Policy and Management Act of 1976, and cooperative management arrangements between the Secretary of the Interior and the Secretary of the Navy. Nothing in this subsection or section 2935 of this title shall affect geothermal leases issued by the Secretary of the Interior before the date of the enactment of this subchapter, or the responsibility of the Secretary of the Interior to administer and manage such leases, consistent with the provisions of this section. (2) The Secretary of the Interior shall be responsible for the issuance of any lease, easement, right-of-way, permit, license, or other instrument authorized by law with respect to any activity which involves both the lands withdrawn and reserved by section 2955a of this title and any other lands not under the administrative jurisdiction of the Secretary of the Navy. Any such authorization shall be issued only with the consent of the Secretary of the Navy and shall be subject to such conditions as the Secretary of the Navy may prescribe with regard to those lands withdrawn and reserved by section 2955a of this title. (3) Neither this chapter nor any other provision of law shall be construed to prohibit the Secretary of the Interior from issuing and administering any lease pursuant to the Geothermal Steam Act of 1970 ( 30 U.S.C. 1001 et seq. ) and other applicable law for the development and utilization of geothermal steam and associated geothermal resources on the lands withdrawn and reserved by section 2955a of this title, but such a lease may not be issued without the concurrence of the Secretary of the Navy. (4) This chapter shall not affect the geothermal exploration and development authority of the Secretary of the Navy under section 2917 of this title with respect to the lands withdrawn and reserved by section 2955a, except that the Secretary of the Navy shall obtain the concurrence of the Secretary of the Interior before taking action under section 2917. (5) Upon the expiration of the withdrawal and reservation or upon the relinquishment of the lands withdrawn and reserved by section 2955a of this title, Navy contracts for the development of geothermal resources at Naval Air Weapons Station China Lake then in effect (as amended or renewed by the Navy after the date of the enactment of this subchapter) shall remain in effect, except that the Secretary of the Interior, with the consent of the Secretary of the Navy, may offer to substitute a standard geothermal lease for any such contract. (6) Any lease made pursuant to section 2935(d) of this title of lands withdrawn and reserved by section 2955a of this title shall require the concurrence of the Secretary of the Navy if the Secretary determines that the proposed lease may interfere with geothermal resources on those lands. (7) The Secretary of the Navy shall be responsible for the management of wild horses and burros located on the lands withdrawn and reserved by section 2955a of this title and may use helicopters and motorized vehicles for such purpose. Such management shall be conducted in accordance with laws applicable to such management on public lands. The Secretary of the Interior and the Secretary of the Navy shall enter into an agreement for implementation of such management. (c) Continuation of existing agreement The agreement between the Secretary of the Interior and the Secretary of the Navy entered into before the date of the enactment of this subchapter pursuant to section 805 of the California Military Lands Withdrawal and Overflights Act of 1994 shall continue in effect until the earlier of— (1) the date on which the Secretaries enter into a new agreement; or (2) the date that is one year after the date of the enactment of this subchapter. (d) Cooperation in development of management plan (1) The Secretary of the Navy and the Secretary of the Interior shall update and maintain cooperative arrangements concerning land resources and land uses on the lands withdrawn and reserved by section 2955a of this title. (2) Cooperative arrangements under paragraph (1) shall focus on and apply to sustainable management and protection of the natural and cultural resources and environmental values found on such withdrawn and reserved lands, consistent with the defense-related purposes for which those lands are withdrawn and reserved. (3) Each cooperative arrangement under paragraph (1) shall include a comprehensive land use management plan which shall integrate and be consistent with all applicable law, including the requirements of title I of the Sikes Act and the Federal Land Policy and Management Act of 1976. Each such management plan shall be reviewed annually and shall be updated, as needed, in response to evolving management requirements and to complement the updates of other applicable land use and resource management and planning. (e) Implementing agreement (1) The Secretary of the Interior and the Secretary of the Navy may enter into a written agreement to implement the comprehensive land use management plan developed under subsection (d). (2) An agreement under paragraph (1) shall include a provision for periodic review of the agreement for its adequacy, effectiveness, and need for revision. (3) The duration of an agreement under paragraph (1) shall be the same as the period of the withdrawal and reservation of lands under this subchapter, but may be amended from time to time. 2955c. Duration of withdrawal and reservation The withdrawal and reservation made by this subchapter shall terminate on March 31, 2039. III Limestone Hills, Montana Sec. 2957a. Withdrawal and reservation. 2957b. Management of withdrawn and reserved lands. 2957c. Duration of withdrawal and reservation. 2957d. Special rules governing minerals management. 2957e. Grazing. 2957a. Withdrawal and reservation (a) Withdrawal Subject to valid existing rights and except as otherwise provided in this subchapter, the public lands and interests in lands described in subsection (c), and all other areas within the boundary of such lands as depicted on the map provided for by section 2932 of this title which may become subject to the operation of the public land laws, are hereby withdrawn from all forms of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws. (b) Reservation The lands withdrawn by subsection (a) are reserved for use by the Secretary of the Army for the following purposes: (1) The conduct of training for active and reserve components of the armed forces. (2) The conduct of training by the Montana Department of Military Affairs; any such use may not interfere with purposes specified in paragraphs (1) and (3). (3) The construction, operation, and maintenance of organizational support and maintenance facilities for component units conducting training. (4) Other defense-related purposes consistent with the purposes specified in the preceding paragraphs and authorized pursuant to section 2934 of this title. (5) The conduct of training by State and local law enforcement agencies, civil defense organizations, and public education institutions; any such use may not interfere with military training activities. (c) Land description The public lands and interests in lands referred to in subsection (a) are the Federal lands comprising approximately 18,644 acres in Broadwater County, Montana, as generally depicted as Proposed Land Withdrawal on the map entitled Limestone Hills Training Area Land Withdrawal dated _____, and filed in accordance with section 2932 of this title. (d) Indian tribes Nothing in this subchapter shall be construed as altering any rights reserved for an Indian tribe for tribal use by treaty or Federal law. Subject to section 2933 of this title, the Secretary of the Army shall consult with any Indian tribe in the vicinity of the lands withdrawn and reserved by this section before taking action affecting tribal rights or cultural resources protected by treaty or Federal law. 2957b. Management of withdrawn and reserved lands During the period of the withdrawal and reservation made by this subchapter, the Secretary of the Army shall manage the lands withdrawn and reserved by this subchapter for the purposes specified in section 2957a of this title. 2957c. Duration of withdrawal and reservation (a) Term The withdrawal and reservation made by this subchapter shall terminate on March 31, 2039. (b) Extension of term Notwithstanding section 2940 of this title, in accordance with section 2 of the Act of February 28, 1958, Public Law 85–337 (72 Stat. 27), commonly known as the Engle Act ( 43 U.S.C. 156 ), if an application is filed by the Secretary of the Army in accordance with section 2941 of this title, the Secretary of the Interior may use the authority and procedures under section 204 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1714 ) to extend the withdrawal and reservation made by this subchapter for an additional term not to exceed 20 years in accordance with that section and other applicable law. 2957d. Special rules governing minerals management (a) Indian creek mine Locatable mineral activities in the approved Indian Creek Mine, plan of operations MTM–78300, shall be regulated pursuant to subparts 3715 and 3809 of title 43, Code of Federal Regulations. Notwithstanding section 2935 of this title, the Secretary of the Army shall make no determination that the disposition of or exploration for minerals as provided for in the approved plan of operations is inconsistent with the military uses of such lands. The coordination of such disposition of and exploration for minerals with military uses of such lands shall be determined pursuant to procedures in an agreement provided for under subsection (d). (b) Removal of unexploded ordnance on lands To be mined The Secretary of the Army shall request funding for and, subject to the availability of such funds, shall remove unexploded ordnance on lands withdrawn and reserved by this subchapter which are subject to mining under subsection (a), consistent with applicable Federal and State law. The Secretary of the Army may engage in such removal of unexploded ordnance in phases to accommodate the development of the Indian Creek Mine pursuant to subsection (a). (c) Report on removal activities The Secretary of the Army shall annually submit to the Secretary of the Interior a report regarding the unexploded ordnance removal activities for the previous fiscal year performed pursuant to subsection (b). The report shall include the amounts of funding expended for unexploded ordnance removal on such lands. (d) Implementation agreement for mining activities (1) The Secretary of the Interior and the Secretary of the Army shall enter into an agreement to implement this section with regard to coordination of defense-related uses and mining and the ongoing removal of unexploded ordnance. The agreement shall provide the following: (A) Procedures that will be used to facilitate day-to-day joint-use of the Limestone Hills Training Area. (B) Procedures for access through mining operations covered by this section to training areas within the boundaries of the Limestone Hills Training Area. (C) Procedures for scheduling of the removal of unexploded ordnance. (2) The Secretary of the Interior and the Secretary of the Army shall invite Graymont Western US. Inc., or any successor or assign of the approved Indian Creek Mine mining plan of operations, MTM–78300, to be a party to the agreement. 2957e. Grazing (a) Issuance and administration of permits and leases The issuance and administration of grazing permits and leases, including their renewal, on the lands withdrawn and reserved by this subchapter shall be managed by the Secretary of the Interior consistent with all applicable laws, regulations, and policies of the Secretary of the Interior relating to such permits and leases. (b) Safety requirements With respect to any grazing permit or lease issued after the date of enactment of this subchapter for lands withdrawn and reserved by this subchapter, the Secretary of the Interior and the Secretary of the Army shall jointly establish procedures that are consistent with Department of the Army explosive and range safety standards and that provide for the safe use of any such lands. (c) Assignment The Secretary of the Interior may, with the agreement of the Secretary of the Army, assign the authority to issue and to administer grazing permits and leases to the Secretary of the Army, except that such an assignment may not include the authority to discontinue grazing on the lands withdrawn and reserved by this subchapter. IV Chocolate Mountain, California Sec. 2959a. Withdrawal and reservation. 2959b. Management of withdrawn and reserved lands. 2959c. Duration of withdrawal and reservation. 2959d. Access. 2959a. Withdrawal and reservation (a) Withdrawal Subject to valid existing rights and except as otherwise provided in this subchapter, the public lands and interests in lands described in subsection (c), and all other areas within the boundary of such lands as depicted on the map provided for by section 2932 of this title which may become subject to the operation of the public land laws, are hereby withdrawn from all forms of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws. (b) Reservation The lands withdrawn by subsection (a) are reserved for use by the Secretary of the Navy for the following purposes: (1) Testing and training for aerial bombing, missile firing, tactical maneuvering, and air support. (2) Small unit ground forces training, including artillery firing, demolition activities, and small arms field training. (3) Other defense-related purposes consistent with the purposes specified in the preceding paragraphs and authorized pursuant to section 2934 of this title. (c) Land description The public lands and interests in lands referred to in subsection (a) are the Federal lands comprising approximately 228,325 acres in Imperial and Riverside Counties, California, as generally depicted on a map entitled Chocolate Mountain Aerial Gunnery Range Proposed—Withdrawal , said map originally dated 1987, with revised dating to July 1993, prepared by Department of the Navy, Naval Facilities Engineering Command, identified as WESTDIV Drawing No. C–102370, on file with the Department of the Interior, Bureau of Land Management, California State Office, and filed in accordance with section 2932 of this title. 2959b. Management of withdrawn and reserved lands (a) Management by the secretary of the interior Except as provided in subsection (b), during the period of the withdrawal and reservation of lands by this subchapter, the Secretary of the Interior shall manage the lands withdrawn and reserved by section 2959a of this title in accordance with this chapter, the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ), and other applicable law. (b) Assignment of management to the secretary of the navy The Secretary of the Interior may assign the management responsibility, in whole or in part, for the lands withdrawn and reserved by section 2959a of this title to the Secretary of the Navy. If the Secretary of the Navy accepts such assignment, that Secretary shall manage such lands in accordance with this title, title I of the Sikes Act ( 16 U.S.C. 670a et seq. ), and other applicable law. (c) Implementing agreement (1) The Secretary of the Interior and the Secretary of the Navy may enter into a written agreement to implement the assignment of management responsibility pursuant to subsection (b). (2) An agreement under paragraph (1) shall include a provision for periodic review of the agreement for its adequacy, effectiveness, and need for revision. (3) The duration of an agreement under paragraph (1) shall be the same as the period of the withdrawal and reservation of lands under this subchapter, but may be amended from time to time. (d) Access agreement The Secretary of the Interior and the Secretary of the Navy may enter into a written agreement to address access to and maintenance of Bureau of Reclamation facilities located within the boundary of the Chocolate Mountains Aerial Gunnery Range. 2959c. Duration of withdrawal and reservation The withdrawal and reservation made by this subchapter shall terminate on March 31, 2039. 2959d. Access Notwithstanding section 2933 of this title, the lands withdrawn and reserved by section 2959a of this title, other than those constituting the Bradshaw Trail, are closed to the public and all uses, other than those authorized by section 2959a(b) of this title or pursuant to section 2934 of this title, shall be subject to such conditions and restrictions as may be necessary to prevent any interference with the uses authorized by section 2959a(b) of this title or pursuant to section 2934 of this title. V Twentynine Palms, California Sec. 2961a. Withdrawal and reservation. 2961b. Management of withdrawn and reserved lands. 2961c. Duration of withdrawal and reservation. 2961a. Withdrawal and reservation (a) Withdrawal Subject to valid existing rights and except as otherwise provided in this subchapter, the public lands and interests in lands described in subsection (d), and all other areas within the boundary of such lands as depicted on the map provided for by section 2932 of this title which may become subject to the operation of the public land laws, are hereby withdrawn from all forms of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws. (b) Reservation for secretary of the navy The lands withdrawn by subsection (a) constituting the Exclusive Military Use Area are reserved for use by the Secretary of the Navy for the following purposes: (1) Sustained, combined arms, live-fire, and maneuver field training for large-scale Marine air ground task forces. (2) Individual and unit live-fire training ranges. (3) Equipment and tactics development. (4) Other defense-related purposes consistent with the purposes specified in the preceding paragraphs and authorized pursuant to section 2934 of this title. (c) Reservation for secretary of the interior The lands withdrawn by subsection (a) constituting the Shared Use Area are reserved for use by the Secretary of the Navy for the purposes specified in subsection (b) and for the Secretary of the Interior for the following purposes: (1) Public recreation when not used for military training and having been determined as suitable for public use. (2) Natural resources conservation. (d) Land description The public lands and interests in lands referred to in subsection (a) are the Federal lands comprising approximately 154,663 acres in San Bernardino County, California, as generally depicted on a map entitled ___, dated ___, and filed in accordance with section 2932 of this title. Such lands are divided into two areas, as follows: (1) The Exclusive Military Use Area, divided into four areas, consisting of one area to the west of the Marine Corps Air Ground Combat Center of approximately 103,618 acres, one area south of the Marine Corps Air Ground Combat Center of approximately 21,304 acres, and two other areas, each measuring approximately 300 meters square, located inside the boundaries of the Shared Use Area. (2) The Shared Use Area, consisting of approximately 36,755 acres. 2961b. Management of withdrawn and reserved lands (a) Management by the secretary of the navy During the period of withdrawal and reservation of lands by this subchapter, the Secretary of the Navy shall, subject to subsection (b), manage the lands withdrawn and reserved by section 2961a of this title for the purposes specified in such section pursuant to— (1) an integrated natural resources management plan prepared and implemented pursuant to title I of the Sikes Act ( 16 U.S.C. 670 et seq. ); (2) this title; and (3) a programmatic agreement between the United States Marine Corps and the California State Historic Preservation Officer regarding operation, maintenance, training, and construction at the United States Marine Air Ground Task Force Training Command, Marine Corps Air Ground Combat Center, Twentynine Palms, California. (b) Management by the secretary of the interior (1) During the period of withdrawal and reservation of lands by this subchapter, the Secretary of the Interior shall manage the Shared Use Area except for two 30-day periods each year when such lands are exclusively used by the Secretary of the Navy for military training purposes, during which time the Secretary of the Navy shall manage such lands. (2) The Secretary of the Interior, during the period of the Secretary’s management pursuant to paragraph (1), shall manage the Shared Use Area for the purposes specified in section 2961a(c) of this title in accordance with— (A) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); and (B) any other applicable law and regulations. (3) The Secretary of the Navy, during the period of the Secretary’s management pursuant to paragraph (1), shall manage the Shared Use Area for the purposes specified in section 2961a(b) of this title in accordance with— (A) an integrated natural resources management plan prepared and implemented in accordance with title I of the Sikes Act ( 16 U.S.C. 670a et seq. ); (B) this title; and (C) the programmatic agreement referred to in subsection (a)(3). (c) Public access (1) Notwithstanding section 2933 of this title, the Exclusive Military Use Area shall be closed to all public access unless otherwise authorized by the Secretary of the Navy. (2) The Shared Use Area shall be open to public recreational use during the period it is under the management of the Secretary of the Interior, but only after being determined as suitable for public use by the Secretary of the Navy. Any such determination shall not be unreasonably withheld. (3) (A) The Secretary of the Navy and the Secretary of the Interior, by agreement, shall establish a Resource Management Group comprised of representatives of the Departments of the Interior and Navy. (B) The Group shall— (i) develop and implement a public outreach plan to inform the public of the land uses changes and safety restrictions affecting the withdrawn lands; and (ii) advise the Secretaries of the Interior and Navy as to all issues associated with the multiple uses of the Shared Use Area. (C) The Group shall meet at least once a year and shall seek information from relevant California State agencies, private off-highway vehicle interest groups, event managers, environmental advocacy groups, and others relating to the management and facilitation of recreational use within the Shared Use Area. (4) Military training within the Shared Use Area shall not be conditioned on, nor shall such training be precluded by— (A) the lack of a Department of the Interior developed and implemented recreation management plan or land use management plan for the Shared Use Area; or (B) any legal or administrative challenge to any such recreation management plan or land use plan document. (5) The Shared Use Area shall be managed so as not to compromise the ability of the Department of the Navy to conduct military training in the Area. (d) Implementation agreement The Secretary of the Interior and the Secretary of the Navy shall enter into a written agreement to implement the management responsibility relating to the Shared Use Area. The agreement— (1) shall include a provision for periodic review of the agreement for its adequacy, effectiveness, and need for revision; (2) shall have a duration which shall be the same as the period of the withdrawal and reservation of lands under this subchapter, but may be amended from time to time; (3) may provide for the integration of the management plans required of the Secretaries of the Interior and Navy by this chapter; (4) may provide for delegation to civilian law enforcement personnel of the Department of the Navy of the authority of the Secretary of the Interior to enforce the laws relating to protection of natural and cultural resources and of fish and wildlife; and (5) may provide for the Secretaries of the Interior and Navy to share resources in order to most efficiently and effectively manage the Shared Use Area. (e) Johnson valley off-Highway vehicle recreation area (1) Designation Approximately 45,000 acres (as depicted on the map referred to in section 2961a of this title) of the existing Bureau of Land Management-designated Johnson Valley Off-Highway Vehicle Area that are not withdrawn and reserved for defense-related uses by this subchapter, together with the Shared Use Area, are hereby designated as the Johnson Valley Off-Highway Vehicle Recreation Area . (2) Authorized activities To the extent consistent with applicable Federal law and regulations and this chapter, any authorized recreation activities and use designation in effect on the date of the enactment of this subchapter and applicable to the Johnson Valley Off-Highway Vehicle Recreation Area may continue, including casual off-highway vehicular use, racing, competitive events, rock crawling, training, and other forms of off-highway recreation. (3) Administration The Secretary of the Interior shall administer the Johnson Valley Off-Highway Vehicle Recreation Area (other than that portion consisting of the Shared Use Area the management of which is addressed elsewhere in this section) in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and other applicable laws and regulations. (4) Transit In coordination with the Secretary of the Interior, the Secretary of the Navy may authorize transit through the Johnson Valley Off-Highway Vehicle Recreation Area for defense-related purposes supporting military training (including military range management and management of exercise activities) conducted on the lands withdrawn and reserved by this subchapter. 2961c. Duration of withdrawal and reservation The withdrawal and reservation made by this subchapter shall terminate on March 31, 2039. . (b) Compensation to Broadwater County, Montana The Secretary of the Army may pay Broadwater County, Montana, a one-time lump sum payment of $1,000,000 to offset the 25-year loss of payments in lieu of taxes provided to the County by the Federal Government for lands withdrawn and reserved by subchapter III of chapter 174 of title 10, United States Code, as added by subsection (a). (c) Termination of prior withdrawals The withdrawal and reservation contained in section 803(a) of the California Military Lands Withdrawal and Overflights Act of 1994 is hereby terminated. Notwithstanding such termination, all rules, regulations, orders, permits, and other privileges issued or granted by the Secretary of the Interior or a Secretary concerned with respect to the lands withdrawn and reserved under such section, unless inconsistent with the provisions of chapter 174 of title 10, United States Code, as added by subsection (a), shall remain in force until modified, suspended, overruled, or otherwise changed by that Secretary, by a court of competent jurisdiction, or by operation of law. (d) Clerical amendment The table of chapters at the beginning of subtitle A of such title and at the beginning of part IV of such subtitle are each amended by inserting after the item relating to chapter 173 the following new item: 174. Land Withdrawals 2931 . 2822. Fort Bliss military land withdrawal (a) Revocation of withdrawal; return of administration Effective on the date of the enactment of this Act— (1) Public Land Order 833, dated May 21, 1952 (17 Fed. Reg. 4822), is revoked as to the approximately 2,050 acres of lands generally depicted as Parcel 1 on the map titled Doña Ana County Land Transfer and Withdrawal , dated April 20, 2011 (referred to in this section as the map ); (2) administration of the lands is returned from the Secretary of the Army to the Secretary of the Interior, acting through the Director of the Bureau of Land Management; and (3) the lands shall be managed as public lands in accordance with the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ) and any other applicable laws. (b) Withdrawal (1) In general Subject to valid existing rights and the limitations in paragraph (2), the parcels of Federal land generally depicted on the map as Parcel 2 and Parcel 3 , consisting of approximately 35,550 acres, and any land or interest in land that is acquired by the United States within the boundaries of those parcels, are withdrawn from all forms of location, entry, appropriation, and disposal under the public land laws, including the mineral leasing laws, the mining laws, the mineral materials laws, and the geothermal leasing laws. (2) Limitation Notwithstanding paragraph (1), Parcel 3 is not withdrawn for purposes of the issuance of oil and gas pipeline rights-of-way. (c) Maps and legal description (1) Publication and filing As soon as practicable after the date of the enactment of this Act, the Secretary of the Interior shall— (A) publish in the Federal Register a legal description of the parcels of Federal land returned by subsection (a) and withdrawn by subsection (b); and (B) file copies of the map described in subsection (a) and the legal description of the parcels with the Committee on Armed Services and the Committee on Energy and Natural Resources of the Senate and the Committee on Armed Services and the Committee on Natural Resources of the House of Representatives. (2) Force of law The map and legal descriptions filed under paragraph (1)— (A) shall have the same force and effect as if included in this Act, except that the Secretary of the Interior may correct errors in the map and legal descriptions; and (B) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.

https://www.govinfo.gov/content/pkg/BILLS-113hr1960ih/xml/BILLS-113hr1960ih.xml

113-hr-1961

I 113th CONGRESS 1st Session H. R. 1961 IN THE HOUSE OF REPRESENTATIVES May 14, 2013 Mr. Chabot (for himself, Mr. Clay , Mr. Wenstrup , and Mr. Massie ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend title 46, United States Code, to extend the exemption from the fire-retardant materials construction requirement for vessels operating within the Boundary Line. 1. Extension of exemption Section 3503(a) of title 46, United States Code, is amended by striking 2008 and inserting 2028 .

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113-hr-1962

I 113th CONGRESS 1st Session H. R. 1962 IN THE HOUSE OF REPRESENTATIVES May 14, 2013 Mr. Poe of Texas introduced the following bill; which was referred to the Committee on the Judiciary A BILL To maintain the free flow of information to the public by providing conditions for the federally compelled disclosure of information by certain persons connected with the news media. 1. Short title This Act may be cited as the Free Flow of Information Act of 2013 . 2. Compelled disclosure from covered persons (a) Conditions for compelled disclosure In any matter arising under Federal law, a Federal entity may not compel a covered person to provide testimony or produce any document related to information obtained or created by such covered person as part of engaging in journalism, unless a court determines by a preponderance of the evidence, after providing notice and an opportunity to be heard to such covered person— (1) that the party seeking to compel production of such testimony or document has exhausted all reasonable alternative sources (other than the covered person) of the testimony or document; (2) that— (A) in a criminal investigation or prosecution, based on information obtained from a person other than the covered person— (i) there are reasonable grounds to believe that a crime has occurred; and (ii) the testimony or document sought is critical to the investigation or prosecution or to the defense against the prosecution; or (B) in a matter other than a criminal investigation or prosecution, based on information obtained from a person other than the covered person, the testimony or document sought is critical to the successful completion of the matter; (3) in the case that the testimony or document sought could reveal the identity of a source of information or include any information that could reasonably be expected to lead to the discovery of the identity of such a source, that— (A) disclosure of the identity of such a source is necessary to prevent an act of terrorism against the United States or its allies or other significant and specified harm to national security with the objective to prevent such harm; (B) disclosure of the identity of such a source is necessary to prevent imminent death or significant bodily harm with the objective to prevent such death or harm, respectively; or (C) disclosure of the identity of such a source is necessary to identify a person who has disclosed— (i) a trade secret, actionable under section 1831 or 1832 of title 18, United States Code; (ii) individually identifiable health information, as such term is defined in section 1171(6) of the Social Security Act ( 42 U.S.C. 1320d(6) ), actionable under Federal law; or (iii) nonpublic personal information, as such term is defined in section 509(4) of the Gramm-Leach-Biley Act (15 U.S.C. 6809(4)), of any consumer actionable under Federal law; and (4) that the public interest in compelling disclosure of the information or document involved outweighs the public interest in gathering or disseminating news or information. (b) Limitations on content of information The content of any testimony or document that is compelled under subsection (a) shall— (1) not be overbroad, unreasonable, or oppressive and, as appropriate, be limited to the purpose of verifying published information or describing any surrounding circumstances relevant to the accuracy of such published information; and (2) be narrowly tailored in subject matter and period of time covered so as to avoid compelling production of peripheral, nonessential, or speculative information. (c) Rule of construction Nothing in this Act shall be construed as applying to civil defamation, slander, or libel claims or defenses under State law, regardless of whether or not such claims or defenses, respectively, are raised in a State or Federal court. 3. Compelled disclosure from communications service providers (a) Conditions for compelled disclosure With respect to testimony or any document consisting of any record, information, or other communication that relates to a business transaction between a communications service provider and a covered person, section 2 shall apply to such testimony or document if sought from the communications service provider in the same manner that such section applies to any testimony or document sought from a covered person. (b) Notice and opportunity provided to covered persons A court may compel the testimony or disclosure of a document under this section only after the party seeking such a document provides the covered person who is a party to the business transaction described in subsection (a)— (1) notice of the subpoena or other compulsory request for such testimony or disclosure from the communications service provider not later than the time at which such subpoena or request is issued to the communications service provider; and (2) an opportunity to be heard before the court before the time at which the testimony or disclosure is compelled. (c) Exception to notice requirement Notice under subsection (b)(1) may be delayed only if the court involved determines by clear and convincing evidence that such notice would pose a substantial threat to the integrity of a criminal investigation. 4. Definitions In this Act: (1) Communications service provider The term communications service provider — (A) means any person that transmits information of the customer's choosing by electronic means; and (B) includes a telecommunications carrier, an information service provider, an interactive computer service provider, and an information content provider (as such terms are defined in sections 3 and 230 of the Communications Act of 1934 (47 U.S.C. 153, 230)). (2) Covered person The term covered person means a person who, for financial gain or livelihood, is engaged in journalism and includes a supervisor, employer, parent, subsidiary, or affiliate of such covered person. Such term shall not include— (A) any person who is a foreign power or an agent of a foreign power, as such terms are defined in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801); or (B) any organization designated by the Secretary of State as a foreign terrorist organization in accordance with section 219 of the Immigration and Nationality Act (8 U.S.C. 1189). (3) Document The term document means writings, recordings, and photographs, as those terms are defined by Federal Rule of Evidence 1001 (28 U.S.C. App.). (4) Federal entity The term Federal entity means an entity or employee of the judicial or executive branch or an administrative agency of the Federal Government with the power to issue a subpoena or issue other compulsory process. (5) Journalism The term journalism means the gathering, preparing, collecting, photographing, recording, writing, editing, reporting, or publishing of news or information that concerns local, national, or international events or other matters of public interest for dissemination to the public.

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113-hr-1963

I 113th CONGRESS 1st Session H. R. 1963 IN THE HOUSE OF REPRESENTATIVES May 14, 2013 Mr. Daines introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Water Conservation and Utilization Act to authorize the development of non-Federal hydropower and issuance of leases of power privileges at projects constructed pursuant to the authority of the Water Conservation and Utilization Act, and for other purposes. 1. Short title This Act may be cited as the Bureau of Reclamation Conduit Hydropower Development Equity and Jobs Act . 2. Amendment Section 9 of the Act entitled An Act authorizing construction of water conservation and utilization projects in the Great Plains and arid semiarid areas of the United States , approved August 11, 1939 ( 16 U.S.C. 590z–7 ; commonly known as the Water Conservation and Utilization Act ), is amended— (1) by striking In connection with and inserting (a) In connection with ; (2) by striking All right, title, and interest in the facilities provided for such municipal or miscellaneous water supplies or surplus power and the revenues derived therefrom shall be and remain in the United States. ; and (3) by adding at the end the following: (b) The Secretary is authorized to enter into leases of power privileges for electric power generation in connection with any project constructed under this Act, and shall have authority in addition to and alternative to any authority in existing laws related to particular projects, including small conduit hydropower development, consistent with the terms of this Act, the Reclamation Project Act of 1939 (43 U.S.C. 485h), and other Federal reclamation laws. (c) When carrying out this section, the Secretary shall first offer the lease of power privilege to an irrigation district or water users association operating the applicable transferred conduit, or to the irrigation district or water users association receiving water from the applicable reserved conduit. The Secretary shall determine a reasonable timeframe for the irrigation district or water users association to accept or reject a lease of power privilege offer. If the irrigation district or water users association elects not to accept a lease of power privilege offer under paragraph (1), the Secretary shall offer the lease of power privilege to other parties in accordance with this section. (d) The Bureau of Reclamation shall apply its categorical exclusion process under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) to small conduit hydropower development under this section, excluding siting of associated transmission facilities on Federal lands. (e) Nothing in this section shall obligate the Western Area Power Administration or the Bonneville Power Administration to purchase or market any of the power produced by the facilities covered under this section and none of the costs associated with production or delivery of such power shall be assigned to project purposes for inclusion in project rates. (f) Nothing in this section shall alter or impede the delivery and management of water by Bureau of Reclamation facilities, as water used for conduit hydropower generation shall be deemed incidental to use of water for the original project purposes. Lease of power privilege shall be made only when, in the judgment of the Secretary, the exercise of the lease will not be incompatible with the purposes of the project or division involved and shall not create any unmitigated financial or physical impacts to the project or division involved. The Secretary shall notify and consult with the irrigation district or legally organized water users association operating the transferred conduit in advance of offering the lease of power privilege and shall prescribe such terms and conditions necessary to adequately protect the planning, design, construction, operation, maintenance, and other interests of the United States and the project or division involved. (g) Nothing in this section shall alter or affect any agreements in effect on the date of the enactment of the Bureau of Reclamation Conduit Hydropower Development Equity and Jobs Act for the development of conduit hydropower projects or disposition of revenues. (h) In this section: (1) Conduit The term conduit means any Bureau of Reclamation tunnel, canal, pipeline, aqueduct, flume, ditch, or similar manmade water conveyance that is operated for the distribution of water for agricultural, municipal, or industrial consumption and not primarily for the generation of electricity. (2) Irrigation district The term irrigation district means any irrigation, water conservation or conservancy, multi-county water conservation or conservancy district, or any separate public entity composed of two or more such districts and jointly exercising powers of its member districts. (3) Reserved conduit The term reserved conduit means any conduit that is included in project works the care, operation, and maintenance of which has been reserved by the Secretary, through the Commissioner of the Bureau of Reclamation. (4) Transferred conduit The term transferred conduit means any conduit that is included in project works the care, operation, and maintenance of which has been transferred to a legally organized water users association or irrigation district. (5) Small conduit hydropower The term small conduit hydropower means a facility capable of producing 5 megawatts or less of electric capacity. .

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113-hr-1964

I 113th CONGRESS 1st Session H. R. 1964 IN THE HOUSE OF REPRESENTATIVES May 14, 2013 Mr. Hastings of Washington (for himself and Mr. Young of Alaska ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Naval Petroleum Reserves Production Act of 1976 to direct the Secretary of the Interior to conduct an expeditious program of competitive leasing of oil and gas in the National Petroleum Reserve in Alaska, including at least one lease sale in the Reserve each year in the period 2013 through 2023, and for other purposes. 1. Short title This bill shall be called the National Petroleum Reserve Alaska Access Act . 2. Sense of Congress and reaffirming national policy for the National Petroleum Reserve in Alaska It is the sense of Congress that— (1) the National Petroleum Reserve in Alaska remains explicitly designated, both in name and legal status, for purposes of providing oil and natural gas resources to the United States; and (2) accordingly, the national policy is to actively advance oil and gas development within the Reserve by facilitating the expeditious exploration, production, and transportation of oil and natural gas from and through the Reserve. 3. National Petroleum Reserve in Alaska: lease sales Section 107(a) of the Naval Petroleum Reserves Production Act of 1976 ( 42 U.S.C. 6506a(a) ) is amended to read as follows: (a) In General The Secretary shall conduct an expeditious program of competitive leasing of oil and gas in the reserve in accordance with this Act. Such program shall include at least one lease sale annually in those areas of the reserve most likely to produce commercial quantities of oil and natural gas each year in the period 2013 through 2023. . 4. National Petroleum Reserve in Alaska: planning and permitting pipeline and road construction (a) In general Notwithstanding any other provision of law, the Secretary of the Interior, in consultation with other appropriate Federal agencies, shall facilitate and ensure permits, in a timely and environmentally responsible manner, for all surface development activities, including for the construction of pipelines and roads, necessary to— (1) develop and bring into production any areas within the National Petroleum Reserve in Alaska that are subject to oil and gas leases; and (2) transport oil and gas from and through the National Petroleum Reserve in Alaska in the most direct manner possible to existing transportation or processing infrastructure on the North Slope of Alaska. (b) Timeline The Secretary shall ensure that any Federal permitting agency shall issue permits in accordance with the following timeline: (1) Permits for such construction for transportation of oil and natural gas produced under existing Federal oil and gas leases with respect to which the Secretary has issued a permit to drill shall be approved within 60 days after the date of enactment of this Act. (2) Permits for such construction for transportation of oil and natural gas produced under Federal oil and gas leases shall be approved within 6 months after the submission to the Secretary of a request for a permit to drill. (c) Plan To ensure timely future development of the Reserve, within 270 days after the date of the enactment of this Act, the Secretary of the Interior shall submit to Congress a plan for approved rights-of-way for a plan for pipeline, road, and any other surface infrastructure that may be necessary infrastructure that will ensure that all leasable tracts in the Reserve are within 25 miles of an approved road and pipeline right-of-way that can serve future development of the Reserve. 5. Issuance of a new integrated activity plan and environmental impact statement (a) Issuance of new integrated activity plan The Secretary of the Interior shall, within 180 days after the date of enactment of this Act, issue— (1) a new proposed integrated activity plan from among the non-adopted alternatives in the National Petroleum Reserve Alaska Integrated Activity Plan Record of Decision issued by the Secretary of the Interior and dated February 21, 2013; and (2) an environmental impact statement under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ) for issuance of oil and gas leases in the National Petroleum Reserve-Alaska to promote efficient and maximum development of oil and natural gas resources of such reserve. (b) Nullification of existing record of decision, IAP, and EIS Except as provided in subsection (a), the National Petroleum Reserve-Alaska Integrated Activity Plan Record of Decision issued by the Secretary of the Interior and dated February 21, 2013, including the integrated activity plan and environmental impact statement referred to in that record of decision, shall have no force or effect. 6. Departmental accountability for development The Secretary of the Interior shall issue regulations not later than 180 days after the date of enactment of this Act that establish clear requirements to ensure that the Department of the Interior is supporting development of oil and gas leases in the National Petroleum Reserve-Alaska. 7. Deadlines under new proposed integrated activity plan At a minimum, the new proposed integrated activity plan issued under section 5(a)(1) shall— (1) require the Department of the Interior to respond within 5 business days to a person who submits an application for a permit for development of oil and natural gas leases in the National Petroleum Reserve-Alaska acknowledging receipt of such application; and (2) establish a timeline for the processing of each such application, that— (A) specifies deadlines for decisions and actions on permit applications; and (B) provide that the period for issuing each permit after submission of such an application shall not exceed 60 days without the concurrence of the applicant. 8. Updated resource assessment (a) In general The Secretary of the Interior shall complete a comprehensive assessment of all technically recoverable fossil fuel resources within the National Petroleum Reserve in Alaska, including all conventional and unconventional oil and natural gas. (b) Cooperation and consultation The resource assessment required by subsection (a) shall be carried out by the United States Geological Survey in cooperation and consultation with the State of Alaska and the American Association of Petroleum Geologists. (c) Timing The resource assessment required by subsection (a) shall be completed within 24 months of the date of the enactment of this Act. (d) Funding The United States Geological Survey may, in carrying out the duties under this section, cooperatively use resources and funds provided by the State of Alaska.

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113-hr-1965

I 113th CONGRESS 1st Session H. R. 1965 IN THE HOUSE OF REPRESENTATIVES May 14, 2013 Mr. Lamborn introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To streamline and ensure onshore energy permitting, provide for onshore leasing certainty, and give certainty to oil shale development for American energy security, economic development, and job creation, and for other purposes. 1. Short title This Act may be cited as the Federal Lands Jobs and Energy Security Act . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Policies regarding buying, building, and working for America. Title I—Onshore oil and gas permit streamlining Sec. 101. Short title. Subtitle A—Application for Permits to Drill Process Reform Sec. 111. Permit to drill application timeline. Sec. 112. Solar and wind right-of-way rental reform. Subtitle B—Administrative Protest Documentation Reform Sec. 121. Administrative protest documentation reform. Subtitle C—Permit Streamlining Sec. 131. Improve Federal energy permit coordination. Sec. 132. Administration of current law. Subtitle D—Judicial Review Sec. 141. Definitions. Sec. 142. Exclusive venue for certain civil actions relating to covered energy projects. Sec. 143. Timely filing. Sec. 144. Expedition in hearing and determining the action. Sec. 145. Standard of review. Sec. 146. Limitation on injunction and prospective relief. Sec. 147. Limitation on attorneys’ fees. Sec. 148. Legal standing. Title II—Oil and gas leasing certainty Sec. 201. Short title. Sec. 202. Minimum acreage requirement for onshore lease sales. Sec. 203. Leasing certainty. Sec. 204. Leasing consistency. Sec. 205. Reduce redundant policies. Title III—Oil shale Sec. 301. Short title. Sec. 302. Effectiveness of oil shale regulations, amendments to resource management plans, and record of decision. Sec. 303. Oil shale leasing. 3. Policies regarding buying, building, and working for America (a) Congressional intent It is the intent of the Congress that— (1) this Act 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; (2) to ensure a robust onshore energy production industry and ensure that the benefits of development support local communities, under this Act, the Secretary shall make every effort to promote the development of onshore American energy, and shall take into consideration the socioeconomic impacts, infrastructure requirements, and fiscal stability for local communities located within areas containing onshore energy resources; and (3) the Congress will monitor the deployment of personnel and material onshore to encourage the development of American technology and manufacturing to enable United States workers to benefit from this Act 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 resource development under this Act. I Onshore oil and gas permit streamlining 101. Short title This title may be cited as the Streamlining Permitting of American Energy Act of 2013 . A Application for Permits to Drill Process Reform 111. Permit to drill application timeline Section 17(p)(2) of the Mineral Leasing Act ( 30 U.S.C. 226(p)(2) ) is amended to read as follows: (2) Applications for permits to drill reform and process (A) Timeline The Secretary shall decide whether to issue a permit to drill within 30 days after receiving an application for the permit. The Secretary may extend such period for up to 2 periods of 15 days each, if the Secretary has given written notice of the delay to the applicant. The notice shall be in the form of a letter from the Secretary or a designee of the Secretary, and shall include the names and titles of the persons processing the application, the specific reasons for the delay, and a specific date a final decision on the application is expected. (B) Notice of reasons for denial If the application is denied, the Secretary shall provide the applicant— (i) in writing, clear and comprehensive reasons why the application was not accepted and detailed information concerning any deficiencies; and (ii) an opportunity to remedy any deficiencies. (C) Application deemed approved If the Secretary has not made a decision on the application by the end of the 60-day period beginning on the date the application is received by the Secretary, the application is deemed approved, except in cases in which existing reviews under the National Environmental Policy Act of 1969 or Endangered Species Act of 1973 are incomplete. (D) Denial of permit If the Secretary decides not to issue a permit to drill in accordance with subparagraph (A), the Secretary shall— (i) provide to the applicant a description of the reasons for the denial of the permit; (ii) allow the applicant to resubmit an application for a permit to drill during the 10-day period beginning on the date the applicant receives the description of the denial from the Secretary; and (iii) issue or deny any resubmitted application not later than 10 days after the date the application is submitted to the Secretary. (E) Fee (i) In general Notwithstanding any other law, the Secretary shall collect a single $6,500 permit processing fee per application from each applicant at the time the final decision is made whether to issue a permit under subparagraph (A). This fee shall not apply to any resubmitted application. (ii) Treatment of permit processing fee Of all fees collected under this paragraph, 50 percent shall be transferred to the field office where they are collected and used to process protests, leases, and permits under this Act subject to appropriation. . 112. Solar and wind right-of-way rental reform (a) In general Subject to subsection (b), and notwithstanding any other provision of law, of fees collected each fiscal year as annual wind energy and solar energy right-of-way authorization fees required under section 504(g) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1764(g) )— (1) no less than 25 percent shall be available, subject to appropriation, for Department of the Interior field offices responsible for the land where the fee was collected; (2) no less than 25 percent shall be available, subject to appropriation, for Bureau of Land Management permit approval activities; and (3) no less than 25 percent shall be available, subject to appropriation, to the Secretary of the Interior for department-wide permitting activities. (b) Limitation The amount used under subsection (a) each fiscal year shall not exceed $10,000,000. B Administrative Protest Documentation Reform 121. Administrative protest documentation reform Section 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) is further amended by adding at the end the following: (4) Protest fee (A) In general The Secretary shall collect a $5,000 documentation fee to accompany each protest for a lease, right of way, or application for permit to drill. (B) Treatment of fees Of all fees collected under this paragraph, 50 percent shall remain in the field office where they are collected and used to process protests subject to appropriation. . C Permit Streamlining 131. Improve Federal energy permit coordination (a) Establishment The Secretary of the Interior (referred to in this section as the Secretary ) shall establish a Federal Permit Streamlining Project (referred to in this section as the Project ) in every Bureau of Land Management field office with responsibility for permitting energy projects on Federal land. (b) Memorandum of understanding (1) In general Not later than 90 days after the date of enactment of this Act, the Secretary shall enter into a memorandum of understanding for purposes of this section with— (A) the Secretary of Agriculture; (B) the Administrator of the Environmental Protection Agency; and (C) the Chief of the Army Corps of Engineers. (2) State participation The Secretary may request that the Governor of any State with energy projects on Federal lands to be a signatory to the memorandum of understanding. (c) Designation of qualified staff (1) In general Not later than 30 days after the date of the signing of the memorandum of understanding under subsection (b), all Federal signatory parties shall, if appropriate, assign to each of the Bureau of Land Management field offices an employee who has expertise in the regulatory issues relating to the office in which the employee is employed, including, as applicable, particular expertise in— (A) the consultations and the preparation of biological opinions under section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 ); (B) permits under section 404 of Federal Water Pollution Control Act ( 33 U.S.C. 1344 ); (C) regulatory matters under the Clean Air Act ( 42 U.S.C. 7401 et seq. ); (D) planning under the National Forest Management Act of 1976 ( 16 U.S.C. 472a et seq. ); and (E) the preparation of analyses under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (2) Duties Each employee assigned under paragraph (1) shall— (A) not later than 90 days after the date of assignment, report to the Bureau of Land Management Field Managers in the office to which the employee is assigned; (B) be responsible for all issues relating to the energy projects that arise under the authorities of the employee’s home agency; and (C) participate as part of the team of personnel working on proposed energy projects, planning, and environmental analyses on Federal lands. (d) Additional personnel The Secretary shall assign to each Bureau of Land Management field office identified in subsection (a) any additional personnel that are necessary to ensure the effective approval and implementation of energy projects administered by the Bureau of Land Management field offices, including inspection and enforcement relating to energy development on Federal land, in accordance with the multiple use mandate of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.). (e) Funding Funding for the additional personnel shall come from the Department of the Interior reforms identified in sections 101, 102, and 201. (f) Savings provision Nothing in this section affects— (1) the operation of any Federal or State law; or (2) any delegation of authority made by the head of a Federal agency whose employees are participating in the Project. (g) Definition For purposes of this section the term energy projects includes oil, natural gas, coal, and other energy projects as defined by the Secretary. 132. Administration of current law Notwithstanding any other law, the Secretary of the Interior shall not require a finding of extraordinary circumstances in administering section 390 of the Energy Policy Act of 2005. D Judicial Review 141. Definitions In this subtitle— (1) the term covered civil action means a civil action containing a claim under section 702 of title 5, United States Code, regarding agency action (as defined for the purposes of that section) affecting a covered energy project on Federal lands of the United States; and (2) the term covered energy project means the leasing of Federal lands of the United States for the exploration, development, production, processing, or transmission of oil, natural gas, wind, or any other source of energy, and any action under such a lease, except that the term does not include any disputes between the parties to a lease regarding the obligations under such lease, including regarding any alleged breach of the lease. 142. Exclusive venue for certain civil actions relating to covered energy projects Venue for any covered civil action shall lie in the district court where the project or leases exist or are proposed. 143. Timely filing To ensure timely redress by the courts, a covered civil action must be filed no later than the end of the 90-day period beginning on the date of the final Federal agency action to which it relates. 144. Expedition in hearing and determining the action The court shall endeavor to hear and determine any covered civil action as expeditiously as possible. 145. Standard of review In any judicial review of a covered civil action, administrative findings and conclusions relating to the challenged Federal action or decision shall be presumed to be correct, and the presumption may be rebutted only by the preponderance of the evidence contained in the administrative record. 146. Limitation on injunction and prospective relief In a covered civil action, the court shall not grant or approve any prospective relief unless the court finds that such relief is narrowly drawn, extends no further than necessary to correct the violation of a legal requirement, and is the least intrusive means necessary to correct that violation. In addition, courts shall limit the duration of preliminary injunctions to halt covered energy projects to no more than 60 days, unless the court finds clear reasons to extend the injunction. In such cases of extensions, such extensions shall only be in 30-day increments and shall require action by the court to renew the injunction. 147. Limitation on attorneys’ fees Sections 504 of title 5, United States Code, and 2412 of title 28, United States Code, (together commonly called the Equal Access to Justice Act) do not apply to a covered civil action, nor shall any party in such a covered civil action receive payment from the Federal Government for their attorneys’ fees, expenses, and other court costs. 148. Legal standing Challengers filing appeals with the Department of the Interior Board of Land Appeals shall meet the same standing requirements as challengers before a United States district court. II Oil and gas leasing certainty 201. Short title This title may be cited as the Providing Leasing Certainty for American Energy Act of 2013 . 202. Minimum acreage requirement for onshore lease sales In conducting lease sales as required by section 17(a) of the Mineral Leasing Act ( 30 U.S.C. 226(a) ), each year the Secretary of the Interior shall perform the following: (1) The Secretary shall offer for sale no less than 25 percent of the annual nominated acreage not previously made available for lease. Acreage offered for lease pursuant to this paragraph shall not be subject to protest and shall be eligible for categorical exclusions under section 390 of the Energy Policy Act of 2005 (42 U.S.C. 15492), except that it shall not be subject to the test of extraordinary circumstances. (2) In administering this section, the Secretary shall only consider leasing of Federal lands that are available for leasing at the time the lease sale occurs. 203. Leasing certainty Section 17(a) of the Mineral Leasing Act ( 30 U.S.C. 226(a) ) is amended by inserting (1) before All lands , and by adding at the end the following: (2) (A) The Secretary shall not withdraw any covered energy project issued under this Act without finding a violation of the terms of the lease by the lessee. (B) The Secretary shall not infringe upon lease rights under leases issued under this Act by indefinitely delaying issuance of project approvals, drilling and seismic permits, and rights of way for activities under such a lease. (C) No later than 18 months after an area is designated as open under the current land use plan the Secretary shall make available nominated areas for lease under the criteria in section 2. (D) Notwithstanding any other law, the Secretary shall issue all leases sold no later than 60 days after the last payment is made. (E) The Secretary shall not cancel or withdraw any lease parcel after a competitive lease sale has occurred and a winning bidder has submitted the last payment for the parcel. (F) Not later than 60 days after a lease sale held under this Act, the Secretary shall adjudicate any lease protests filed following a lease sale. If after 60 days any protest is left unsettled, said protest is automatically denied and appeal rights of the protestor begin. (G) No additional lease stipulations may be added after the parcel is sold without consultation and agreement of the lessee, unless the Secretary deems such stipulations as emergency actions to conserve the resources of the United States. . 204. Leasing consistency Federal land managers must follow existing resource management plans and continue to actively lease in areas designated as open when resource management plans are being amended or revised, until such time as a new record of decision is signed. 205. Reduce redundant policies Bureau of Land Management Instruction Memorandum 2010–117 shall have no force or effect. III Oil shale 301. Short title This title may be cited as the Protecting Investment in Oil Shale the Next Generation of Environmental, Energy, and Resource Security Act or the PIONEERS Act . 302. Effectiveness of oil shale regulations, amendments to resource management plans, and record of decision (a) Regulations Notwithstanding any other law or regulation to the contrary, the final regulations regarding oil shale management published by the Bureau of Land Management on November 18, 2008 (73 Fed. Reg. 69,414) are deemed to satisfy all legal and procedural requirements under any law, including the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ), the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), and the Energy Policy Act of 2005 ( Public Law 109–58 ), and the Secretary of the Interior shall implement those regulations, including the oil shale leasing program authorized by the regulations, without any other administrative action necessary. (b) Amendments to resource management plans and record of decision Notwithstanding any other law or regulation to the contrary, the November 17, 2008 U.S. Bureau of Land Management Approved Resource Management Plan Amendments/Record of Decision for Oil Shale and Tar Sands Resources to Address Land Use Allocations in Colorado, Utah, and Wyoming and Final Programmatic Environmental Impact Statement are deemed to satisfy all legal and procedural requirements under any law, including the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ), the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), and the Energy Policy Act of 2005 ( Public Law 109–58 ), and the Secretary of the Interior shall implement the oil shale leasing program authorized by the regulations referred to in subsection (a) in those areas covered by the resource management plans amended by such amendments, and covered by such record of decision, without any other administrative action necessary. 303. Oil shale leasing (a) Additional research and development lease sales The Secretary of the Interior shall hold a lease sale within 180 days after the date of enactment of this Act offering an additional 10 parcels for lease for research, development, and demonstration of oil shale resources, under the terms offered in the solicitation of bids for such leases published on January 15, 2009 (74 Fed. Reg. 10). (b) Commercial lease sales No later than January 1, 2016, the Secretary of the Interior shall hold no less than 5 separate commercial lease sales in areas considered to have the most potential for oil shale development, as determined by the Secretary, in areas nominated through public comment. Each lease sale shall be for an area of not less than 25,000 acres, and in multiple lease blocs.

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113-hr-1966

I 113th CONGRESS 1st Session H. R. 1966 IN THE HOUSE OF REPRESENTATIVES May 14, 2013 Mrs. Christensen introduced the following bill; which was referred to the Committee on the Judiciary A BILL To establish a visa waiver program for the United States Virgin Islands. 1. Short title This Act may be cited as the Virgin Islands Visa Waiver Act of 2013 . 2. Virgin Islands visa waiver program (a) In general Section 212(l) of the Immigration and Nationality Act (8 U.S.C. 1182(l)) is amended— (1) by amending the subsection heading to read as follows: Guam, Northern Mariana Islands, and Virgin Islands visa waiver programs.— ; and (2) by adding at the end the following: (7) Virgin Islands visa waiver program (A) In general The requirement of subsection (a)(7)(B)(i) may be waived by the Secretary of Homeland Security, in the case of an alien who is a national of a country described in subparagraph (B) and who is applying for admission as a nonimmigrant visitor for business or pleasure and solely for entry into and stay in the United States Virgin Islands for a period not to exceed 30 days, if the Secretary of Homeland Security, after consultation with the Secretary of the Interior, the Secretary of State, the Governor of the United States Virgin Islands, determines that such a waiver does not represent a threat to the welfare, safety, or security of the United States or its territories and commonwealths. (B) Countries A country described in this subparagraph is a country that— (i) is a member or an associate member of the Caribbean Community (CARICOM); and (ii) is listed in the regulations described in subparagraph (D). (C) Alien waiver of rights An alien may not be provided a waiver under this paragraph unless the alien has waived any right— (i) to review or appeal under this Act an immigration officer's determination as to the admissibility of the alien at the port of entry into the United States Virgin Islands; or (ii) to contest, other than on the basis of an application for withholding of removal under section 241(b)(3) of this Act or under the Convention Against Torture, or an application for asylum if permitted under section 208, any action for removal of the alien. (D) Regulations All necessary regulations to implement this paragraph shall be promulgated by the Secretary of Homeland Security, in consultation with the Secretary of the Interior and the Secretary of State, on or before the 60th day after the date of enactment of the Virgin Islands Visa Waiver Act of 2013. The promulgation of such regulations shall be considered a foreign affairs function for purposes of section 553(a) of title 5, United States Code. At a minimum, such regulations should include, but not necessarily be limited to— (i) a listing of all member or associate member countries of the Caribbean Community (CARICOM) whose nationals may obtain the waiver provided by this paragraph, except that such regulations shall not provide for a listing of any country if the Secretary of Homeland Security determines that such country's inclusion on such list would represent a threat to the welfare, safety, or security of the United States or its territories and commonwealths; and (ii) any bonding requirements for nationals of some or all of those countries who may present an increased risk of overstays or other potential problems, if different from such requirements otherwise provided by law for nonimmigrant visitors. (E) Factors In determining whether to grant or continue providing the waiver under this paragraph to nationals of any country, the Secretary of Homeland Security, in consultation with the Secretary of the Interior and the Secretary of State, shall consider all factors that the Secretary deems relevant, including electronic travel authorizations, procedures for reporting lost and stolen passports, repatriation of aliens, rates of refusal for nonimmigrant visitor visas, overstays, exit systems, and information exchange. (F) Suspension The Secretary of Homeland Security shall monitor the admission of nonimmigrant visitors to the United States Virgin Islands under this paragraph. If the Secretary determines that such admissions have resulted in an unacceptable number of visitors from a country remaining unlawfully in the United States Virgin Islands, unlawfully obtaining entry to other parts of the United States, or seeking withholding of removal or asylum, or that visitors from a country pose a risk to law enforcement or security interests of the United States Virgin Islands or of the United States (including the interest in the enforcement of the immigration laws of the United States), the Secretary shall suspend the admission of nationals of such country under this paragraph. The Secretary of Homeland Security may in the Secretary's discretion suspend the United States Virgin Islands visa waiver program at any time, on a country-by-country basis, for other good cause. (G) Addition of countries The Governor of the United States Virgin Islands may request the Secretary of the Interior and the Secretary of Homeland Security to add a particular country to the list of countries whose nationals may obtain the waiver provided by this paragraph, and the Secretary of Homeland Security may grant such request after consultation with the Secretary of the Interior and the Secretary of State, and may promulgate regulations with respect to the inclusion of that country and any special requirements the Secretary of Homeland Security, in the Secretary's sole discretion, may impose prior to allowing nationals of that country to obtain the waiver provided by this paragraph. . (b) Conforming amendments (1) Documentation requirements Section 212(a)(7)(iii) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(7)(iii) ) is amended to read as follows: (iii) Special visa waiver programs For a provision authorizing waiver of clause (i) in the case of visitors to Guam, the Commonwealth of the Northern Mariana Islands, or the United States Virgin Islands, see subsection (l). . (2) Admission of nonimmigrants Section 214(a)(1) of such Act ( 8 U.S.C. 1184(a)(1) ) is amended by inserting before the final sentence the following: No alien admitted to the United States Virgin Islands without a visa pursuant to section 212(l)(7) may be authorized to enter or stay in the United States other than in United States Virgin Islands or to remain in the United States Virgin Islands for a period exceeding 30 days from date of admission to the United States Virgin Islands. .

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113-hr-1967

I 113th CONGRESS 1st Session H. R. 1967 IN THE HOUSE OF REPRESENTATIVES May 14, 2013 Mr. Deutch (for himself and Mr. Scott of Virginia ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Violent Crime Control and Law Enforcement Act of 1994 to expand the cause of action relating to the pattern or practice of conduct by a governmental authority that deprives a person of rights protected by the Constitution to such conduct relating to adults as well as juveniles. 1. Short title This Act may be cited as the Right to Counsel and Taxpayer Protection Act . 2. Pattern or practice litigation (a) In general Section 210401(a) of the Violent Crime Control and Law Enforcement Act of 1994 ( 42 U.S.C. 14141(a) ) is amended— (1) after responsibility for the administration of , by striking juvenile justice and inserting criminal justice, juvenile justice, ; and (2) after or the incarceration of , by striking juveniles and inserting persons (including juveniles) . (b) Clerical amendment Section 210401(b) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14141(b)) is amended by striking paragraph (1) and inserting subsection (a) .

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113-hr-1968

I 113th CONGRESS 1st Session H. R. 1968 IN THE HOUSE OF REPRESENTATIVES May 14, 2013 Mr. Engel introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To direct the Secretary of Energy to establish a pilot program to award grants and loan guarantees to hospitals to carry out projects for the purpose of reducing energy costs and increasing resilience to improve security. 1. Short title This Act may be cited as the Hospital Energy Conservation Act . 2. Energy Conservation Grant and Loan Guarantee Pilot Program (a) Establishment The Secretary of Energy shall establish a pilot program to award grants and loan guarantees to hospitals to carry out energy conservation projects for the purpose of— (1) significantly improving the energy efficiency of such hospitals; and (2) encouraging onsite power generation and energy storage, capable of operating independent of the grid, and providing sufficient onsite emergency backup power for essential hospital functions. (b) Number of hospitals The Secretary shall award grants and loan guarantees under the pilot program to no more than 6 hospitals during the period described in subsection (f). (c) Applications A hospital seeking a grant or loan guarantee under the pilot program shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (d) Considerations In selecting a hospital to award a grant or loan guarantee to under the pilot program, the Secretary shall give special consideration to applications from such hospitals that can demonstrate that they are able to commence an energy conservation project more promptly. (e) Definitions In this section, the terms hospital and energy conservation project have the meanings given such terms in section 391 of the Energy Policy and Conservation Act ( 42 U.S.C. 6371 ). (f) Authorization of appropriations There are authorized to be appropriated for carrying out this section such sums as may be necessary for fiscal years 2014 and 2015, to be derived from funds otherwise authorized to be appropriated for related purposes.

https://www.govinfo.gov/content/pkg/BILLS-113hr1968ih/xml/BILLS-113hr1968ih.xml

113-hr-1969

I 113th CONGRESS 1st Session H. R. 1969 IN THE HOUSE OF REPRESENTATIVES May 14, 2013 Mr. Fitzpatrick (for himself, Mr. Grimm , Mr. Keating , Mr. King of New York , Mr. Nugent , Mr. Peters of Michigan , and Ms. Schwartz ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To increase Federal Pell Grants for the children of fallen police officers, firefighters, and other public safety officers. 1. Short title This Act may be cited as the Children of Fallen Heroes Scholarship Act of 2013 . 2. Findings Congress finds the following: (1) The year 2012 was a deadly year for law enforcement officers, with 126 men and women killed in the line of duty. That year, 83 firefighters lost their lives and 21 emergency medical services providers suffered fatalities in the line of duty. (2) Congress recognizes the sacrifice of the families of fallen public safety officers. (3) The financial loss for a family with children could be detrimental for decades. (4) Families who have given the ultimate sacrifice deserve the support of the American people as their children pursue higher education. 3. Calculation of Federal Pell Grant eligibility Section 401(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a(f) ) is amended by adding at the end the following new paragraph: (4) (A) Notwithstanding paragraph (1) or any other provision of this section, the expected family contribution of each student described in subparagraph (B) shall be deemed to be zero for the period during which each such student is eligible to receive a Federal Pell Grant under subsection (c). (B) Subparagraph (A) shall apply to any student at an institution of higher education— (i) whose parent or guardian— (I) was actively serving as a police officer, firefighter, or other public safety officer; and (II) died as a result of performing a public safety service; and (ii) who was 18 years or less, or was enrolled as a full-time or part-time student at an institution of higher education, as of the time of the parent or guardian’s death. (C) For purposes of this paragraph— (i) the term police officer, firefighter, or other public safety officer means an individual who— (I) is a law enforcement officer or firefighter in a police department or fire department which is organized and operated by a State or political subdivision to provide police protection, firefighting services, or emergency medical services for any area within the jurisdiction of such State or political subdivision; (II) is an emergency medical services provider who provides out-of-hospital emergency medical care, including an emergency medical technician or paramedic; or (III) is a member of a qualified volunteer emergency response organization who provides firefighting services or emergency medical services; and (ii) the term qualified volunteer emergency response organization means any volunteer organization that— (I) is organized and operated to provide firefighting or emergency medical services for persons in the State or political subdivision, as the case may be; and (II) is required (by written agreement) by the State or political subdivision to furnish firefighting or emergency medical services in such State or political subdivision. . 4. Effective date The amendment made by section 3 of this Act shall apply with respect to Federal Pell Grants awarded for academic year 2014–2015, and each succeeding academic year.

https://www.govinfo.gov/content/pkg/BILLS-113hr1969ih/xml/BILLS-113hr1969ih.xml

113-hr-1970

I 113th CONGRESS 1st Session H. R. 1970 IN THE HOUSE OF REPRESENTATIVES May 14, 2013 Mr. Gohmert introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Armed Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To direct the Secretary of the Treasury to ensure that social security benefits are paid, to prioritize payments when the United States is not able to issue new obligations due to the statutory debt limit, and to address a lapse in appropriations to fund the Armed Forces. 1. Timely payment of Social Security benefits if statutory debt limit is reached (a) In general Section 1145 of the Social Security Act ( 42 U.S.C. 1320b–15 ) is amended— (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (2) by inserting after subsection (a) the following new subsection: (b) Timely payment of benefits if statutory debt limit is reached (1) Disinvestment of fund to make current benefit payments For the purpose of making payment of cash benefits or administrative expenses during any debt limit default period, public debt obligations held by the applicable Federal fund shall be sold or redeemed in an amount not to exceed the sum of— (A) the face amount of obligations held by such fund which mature during such month; plus (B) the amount necessary only for the purpose of making payment of such benefits or administrative expenses and only to the extent cash assets of the applicable Federal fund are not available during such period for making payment of such benefits or administrative expenses. (2) Issuance of corresponding debt For purposes of undertaking the sale or redemption of public debt obligations held by the applicable Federal fund pursuant to paragraph (1), the Secretary of the Treasury shall issue corresponding public debt obligations to the public in order to obtain the amounts necessary for payment of benefits or administrative expenses from the applicable Federal fund, notwithstanding the public debt limit. (3) Definitions For purposes of this subsection— (A) Debt limit default period The term debt limit default period means a period for which cash benefits or administrative expenses would not otherwise be payable from the applicable Federal fund by reason of an inability to issue further public debt obligations because of the public debt limit. (B) Applicable Federal fund The term applicable Federal fund means a Federal fund specified in paragraph (1) or (2) of subsection (d). . (b) Conforming amendments (1) Section 1145 of the Social Security Act, as amended by subsection (a), is amended— (A) by redesignating subsection (d) as subsection (e), and (B) by inserting after subsection (c) the following new subsection: (d) Public debt limit For purposes of this section, the term public debt limit means the limitation established under section 3101 of title 31, United States Code, as increased under section 3101A of such title. . (2) Section 1145(c) of the Social Security Act, as amended by subsection (a), is amended by striking established under section 3101 of title 31, United States Code . 2. Prioritization of payments in event that statutory debt limit is reached Section 3101 of title 31, United States Code, is amended by adding at the end the following new subsection: (d) In the event that the Secretary of the Treasury is not able to issue obligations to make all payments authorized by law due to the limitation under subsection (b) (as increased under section 3101A), the Secretary shall give equal priority to the following: payments of principal and interest on public debt; payments of amounts that the Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard) determines to be necessary to continue pay and allowances (without interruption) to the Army, Navy, Air Force, Marine Corps, and Coast Guard, including reserve components thereof, who perform active service; payments determined by the President (and reported to the Congress) to be necessary to continue United States priorities of its vital national security interests; and payments for items and services under title XVIII of the Social Security Act (relating to Medicare). . 3. Continuance of military pay and allowances during periods of lapsed appropriations (a) Continuance of pay Chapter 19 of title 37, United States Code, is amended by adding at the end the following new section: 1015. Continuance of pay and allowances during periods of lapsed appropriations (a) Definitions In this section: (1) The term military personnel accounts means the military personnel, reserve personnel, and National Guard personnel accounts of the Department of Defense, generally title I of an annual Department of Defense appropriations Act, and the corresponding accounts for the Department of Homeland Security used to provide pay and allowances for members of the Coast Guard. (2) The term pay and allowances means basic pay, bonuses and special pay, allowances and any other forms of compensation available for members of the armed forces under this title or otherwise paid from the military personnel accounts. (3) The term period of lapsed appropriations , when used with respect to members of the armed forces, means any period during which appropriations are not available due to the absence of the timely enactment of any Act or joint resolution (including any Act or joint resolution making continuing appropriations) appropriating funds for the payment of the pay and allowances of members of the armed forces. (b) Appropriation of funds To continue payment of pay and allowances For any period of lapsed appropriations, there are appropriated, out of any moneys in the Treasury not otherwise appropriated, to the Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard) to allow the Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard) to continue to provide pay and allowances (without interruption) to members of the United States armed forces. (c) Limitation on amounts paid This section only authorizes the expenditure of funds during a period of lapsed appropriations for the pay and allowances of a member of the armed forces at a rate that is equal to the rate in effect for that member immediately before the start of the period of lapsed appropriations. The rate for a member may neither exceed the rate in effect immediately before the start of the period of lapsed appropriations nor be less than that rate, unless reduced by disciplinary action under the Uniform Code of Military Justice. (d) Relation to other pay authorities This section shall not be construed to affect the entitlement of a member of the armed forces to an amount of pay and allowances that exceeds the amount of pay and allowances authorized to be paid under this section and to which the member becomes entitled under other applicable provisions of law. (e) Effect of end of period of lapsed appropriations Expenditures made for any fiscal year pursuant to this section shall be charged to the applicable appropriation, fund, or authorization whenever the regular appropriation bill (or other bill or joint resolution making continuing appropriations through the end of the fiscal year) becomes law. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 1015. Continuance of pay and allowances during periods of lapsed appropriations. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1970ih/xml/BILLS-113hr1970ih.xml

113-hr-1971

I 113th CONGRESS 1st Session H. R. 1971 IN THE HOUSE OF REPRESENTATIVES May 14, 2013 Mr. Kline (for himself and Mr. Thornberry ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To direct the Secretary of Defense to provide certain TRICARE beneficiaries with the opportunity to retain access to TRICARE Prime. 1. Future availability of TRICARE Prime for certain beneficiaries enrolled in TRICARE Prime Section 732 of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ; 126 Stat. 1816) is amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting the following new subsection: (b) Access to TRICARE Prime (1) One-time election Subject to paragraph (3), the Secretary shall ensure that each affected eligible beneficiary who is enrolled in TRICARE Prime as of September 30, 2013, may make a one-time election to continue such enrollment in TRICARE Prime, notwithstanding that a contract described in subsection (a)(2)(A) does not allow for such enrollment based on the location in which such beneficiary resides. The beneficiary may continue such enrollment in TRICARE Prime so long as the beneficiary resides in the same ZIP code as the ZIP Code in which the beneficiary resided at the time of such election. (2) Enrollment in TRICARE Standard If an affected eligible beneficiary makes the one-time election under paragraph (1), the beneficiary may thereafter elect to enroll in TRICARE Standard at any time in accordance with a contract described in subsection (a)(2)(A). (3) Residence at time of election An affected eligible beneficiary may not make the one-time election under paragraph (1) if, at the time of such election, the beneficiary does not reside in a ZIP code that is in a region described in subsection (c)(1)(B). .

https://www.govinfo.gov/content/pkg/BILLS-113hr1971ih/xml/BILLS-113hr1971ih.xml

113-hr-1972

I 113th CONGRESS 1st Session H. R. 1972 IN THE HOUSE OF REPRESENTATIVES May 14, 2013 Mrs. Lummis (for herself, Mr. Bishop of Utah , Mr. Chaffetz , Mr. Pearce , Mr. Stewart , Mr. Cramer , Mr. Ben Ray Luján of New Mexico , and Mr. Tipton ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Mineral Leasing Act to require the Secretary of the Interior to convey to a State all right, title, and interest in and to a percentage of the amount of royalties and other amounts required to be paid to the State under that Act with respect to public land and deposits in the State, and for other purposes. 1. Short title This Act may be cited as the State Mineral Revenue Protection Act . 2. Conveyance to States of property interest in State share of royalties and other payments Section 35 of the Mineral Leasing Act ( 30 U.S.C. 191 ) is amended— (1) in the first sentence of subsection (a), by striking shall be paid into the Treasury and inserting shall, except as provided in subsection (d), be paid into the Treasury ; (2) in subsection (c)(1), by inserting and except as provided in subsection (d) before , any rentals ; and (3) by adding at the end the following: (d) Conveyance to States of property interest in State share (1) In general Notwithstanding any other provision of law, on request of a State (other than the State of Alaska) and in lieu of any payments to the State under subsection (a), the Secretary of the Interior shall convey to the State all right, title, and interest in and to 50 percent of all amounts otherwise required to be paid into the Treasury under subsection (a) from sales, bonuses, royalties (including interest charges), and rentals for all public land or deposits located in the State. (2) State of Alaska Notwithstanding any other provision of law, on request of the State of Alaska and in lieu of any payments to the State under subsection (a), the Secretary of the Interior shall convey to the State all right, title, and interest in and to 90 percent of all amounts otherwise required to be paid into the Treasury under subsection (a) from sales, bonuses, royalties (including interest charges), and rentals for all public land or deposits located in the State. (3) Amount Notwithstanding any other provision of law, after a conveyance to a State under paragraph (1) or (2), any person shall pay directly to the State any amount owed by the person for which the right, title, and interest has been conveyed to the State under this subsection. (4) Notice The Secretary of the Interior shall promptly provide to each holder of a lease of public land to which subsection (a) applies that are located in a State to which right, title, and interest is conveyed under this subsection notice that— (A) the Secretary of the Interior has conveyed to the State all right, title, and interest in and to the amounts referred to in paragraph (1) or (2); and (B) the leaseholder is required to pay the amounts directly to the State. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1972ih/xml/BILLS-113hr1972ih.xml

113-hr-1973

I 113th CONGRESS 1st Session H. R. 1973 IN THE HOUSE OF REPRESENTATIVES May 14, 2013 Mr. Mulvaney introduced the following bill; which was referred to the Committee on Financial Services A BILL To permit business development companies to increase investments in small-and middle-market financial services companies and investment advisors. 1. Short title This Act may be cited as the Business Development Company Modernization Act . 2. Investments of business development companies The Investment Company Act of 1940 is amended— (1) in section 2(a)(46(B) ( 15 U.S.C. 80a–2(46)(B) ) by striking nor a company which would be an investment company except for the exclusion from the definition of investment company in section 3(c) of this title ; and (2) in section 60 ( 15 U.S.C. 80a–59 ) by striking except that the Commission shall not and inserting except that— (1) section 12 shall not apply to the purchasing, otherwise acquiring, or holding by a business development company of any security issued by, or any other interest in the business of, any person who is— (A) an investment adviser registered under title II of this Act or who is an investment adviser to an investment company; or (B) an eligible portfolio company as defined in section 2(a)(46) ( 15 U.S.C. 80a–2(a)(46) ); and (C) the Commission shall not .

https://www.govinfo.gov/content/pkg/BILLS-113hr1973ih/xml/BILLS-113hr1973ih.xml

113-hr-1974

I 113th CONGRESS 1st Session H. R. 1974 IN THE HOUSE OF REPRESENTATIVES May 14, 2013 Mr. Murphy of Florida (for himself, Mr. Mulvaney , Ms. Chu , Mr. Coffman , Mr. Deutch , Mr. King of New York , Mr. Payne , Mr. Nunnelee , and Mr. Richmond ) introduced the following bill; which was referred to the Committee on Small Business A BILL To clarify the collateral requirement for certain loans under section 7(d) of the Small Business Act, to address assistance to out-of-State small business concerns, and for other purposes. 1. Short title This Act may be cited as the Small Business Disaster Reform Act of 2013 . 2. Clarification of collateral requirements Section 7(d)(6) of the Small Business Act ( 15 U.S.C. 636(d)(6) ) is amended by inserting after which are made under paragraph (1) of subsection (b) the following: : Provided further , That the Administrator, in obtaining the best available collateral for a loan of not more than $200,000 under paragraph (1) or (2) of subsection (b) relating to damage to or destruction of the property of, or economic injury to, a small business concern, shall not require the owner of the small business concern to use the primary residence of the owner as collateral if the Administrator determines that the owner has other assets with a value equal to or greater than the amount of the loan that could be used as collateral for the loan: Provided further , That nothing in the preceding proviso may be construed to reduce the amount of collateral required by the Administrator in connection with a loan described in the preceding proviso or to modify the standards used to evaluate the quality (rather than the type) of such collateral . 3. Assistance to out-of-State small businesses Section 21(b)(3) of the Small Business Act ( 15 U.S.C. 648(b)(3) ) is amended— (1) by striking (3) At the discretion and inserting the following: (3) Assistance to out-of-state small businesses (A) In general At the discretion ; and (2) by adding at the end the following: (B) Disaster recovery assistance (i) In general At the discretion of the Administrator, the Administrator may authorize a small business development center to provide assistance, as described in subsection (c), to a small business concern located outside of the State, without regard to geographic proximity, if the small business concern is located in an area for which the President has declared a major disaster under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ), during the period of the declaration. (ii) Continuity of services A small business development center that provides counselors to an area described in clause (i) shall, to the maximum extent practicable, ensure continuity of services in any State in which the small business development center otherwise provides services. (iii) Access to disaster recovery facilities For purposes of this subparagraph, the Administrator shall, to the maximum extent practicable, permit the personnel of a small business development center to use any site or facility designated by the Administrator for use to provide disaster recovery assistance. . 4. Sense of Congress It is the sense of Congress that, subject to the availability of funds, the Administrator of the Small Business Administration shall, to the extent practicable, ensure that a small business development center is appropriately reimbursed for any legitimate expenses incurred in carrying out activities under section 21(b)(3)(B) of the Small Business Act ( 15 U.S.C. 648(b)(3)(B) ), as added by this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1974ih/xml/BILLS-113hr1974ih.xml

113-hr-1975

I 113th CONGRESS 1st Session H. R. 1975 IN THE HOUSE OF REPRESENTATIVES May 14, 2013 Mr. Nadler (for himself, Mrs. Carolyn B. Maloney of New York , Ms. Speier , Mrs. Davis of California , Ms. Fudge , Ms. Hahn , Ms. Wilson of Florida , Mr. Moran , Mr. Johnson of Georgia , Mr. Cicilline , Mr. Conyers , Mr. Ellison , Ms. Pingree of Maine , Mr. Brady of Pennsylvania , Mr. Grijalva , Mr. Serrano , Mr. Schiff , Ms. Shea-Porter , Mr. Bishop of New York , Mr. Takano , Mr. Langevin , Ms. Brownley of California , Mr. Gutierrez , Ms. Clarke , Ms. Schakowsky , Mrs. Lowey , Mr. Holt , Mr. Payne , Mr. Tierney , Mr. Cummings , Ms. Lee of California , Mr. Higgins , Mr. Dingell , Mr. Danny K. Davis of Illinois , Mr. Carson of Indiana , Mrs. Napolitano , Mr. Tonko , Mr. Levin , Ms. Kaptur , Mr. Cárdenas , Ms. Esty , Ms. Brown of Florida , Mr. Rangel , Ms. Moore , Ms. McCollum , Ms. Wasserman Schultz , Ms. Tsongas , Ms. Norton , Ms. Edwards , Ms. DeGette , Mr. Larsen of Washington , Ms. Bonamici , Mr. Cohen , Mr. Crowley , Ms. Schwartz , Mr. Waxman , Mr. Blumenauer , Ms. Linda T. Sánchez of California , Mr. Hastings of Florida , Mr. Deutch , Mr. Farr , Mr. George Miller of California , Ms. Slaughter , Mr. Courtney , Mr. Pascrell , Mr. Engel , Ms. DelBene , Mrs. Capps , Mr. Cartwright , Mr. McGovern , Mr. Capuano , Mr. Perlmutter , Mrs. Christensen , Ms. Chu , Ms. DeLauro , Mr. Fattah , Ms. Waters , Mr. Ryan of Ohio , Mr. Pocan , Mr. Huffman , Ms. Matsui , and Mr. Peters of Michigan ) introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committees on House Administration , Oversight and Government Reform , and the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To eliminate discrimination and promote women’s health and economic security by ensuring reasonable workplace accommodations for workers whose ability to perform the functions of a job are limited by pregnancy, childbirth, or a related medical condition. 1. Short title This Act may be cited as the Pregnant Workers Fairness Act . 2. Nondiscrimination with regard to reasonable accommodations related to pregnancy It shall be an unlawful employment practice for a covered entity to— (1) not make reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions of a job applicant or employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity; (2) deny employment opportunities to a job applicant or employee, if such denial is based on the need of the covered entity to make reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions of an employee or applicant; (3) require a job applicant or employee affected by pregnancy, childbirth, or related medical conditions to accept an accommodation that such applicant or employee chooses not to accept; or (4) require an employee to take leave under any leave law or policy of the covered entity if another reasonable accommodation can be provided to the known limitations related to the pregnancy, childbirth, or related medical conditions of an employee. 3. Remedies and enforcement (a) Employees Covered by Title VII of the Civil Rights Act of 1964 (1) In general The powers, procedures, and remedies provided in sections 705, 706, 707, 709, 710, and 711 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–4 et seq. ) to the Commission, the Attorney General, or any person, alleging a violation of title VII of that Act ( 42 U.S.C. 2000e et seq. ) shall be the powers, procedures, and remedies this title provides to the Commission, the Attorney General, or any person, respectively, alleging an unlawful employment practice in violation of this title against an employee described in section 5(2)(A), except as provided in paragraphs (2) and (3). (2) Costs and fees The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes of the United States ( 42 U.S.C. 1988 ), shall be the powers, remedies, and procedures this title provides to the Commission, the Attorney General, or any person, alleging such a practice. (3) Damages The powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United States ( 42 U.S.C. 1981a ), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this title provides to the Commission, the Attorney General, or any person, alleging such a practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes of the United States). (b) Employees Covered by Congressional Accountability Act of 1995 (1) In general The powers, remedies, and procedures provided in the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 et seq. ) to the Board (as defined in section 101 of that Act ( 2 U.S.C. 1301 )), or any person, alleging a violation of section 201(a)(1) of that Act ( 2 U.S.C. 1311(a)(1) ) shall be the powers, remedies, and procedures this title provides to that Board, or any person, alleging an unlawful employment practice in violation of this title against an employee described in section 5(2)(B), except as provided in paragraphs (2) and (3). (2) Costs and fees The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes of the United States (42 U.S.C. 1988), shall be the powers, remedies, and procedures this title provides to that Board, or any person, alleging such a practice. (3) Damages The powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United States (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this title provides to that Board, or any person, alleging such a practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes of the United States). (4) Other applicable provisions With respect to a claim alleging a practice described in paragraph (1), title III of the Congressional Accountability Act of 1995 (2 U.S.C. 1381 et seq.) shall apply in the same manner as such title applies with respect to a claim alleging a violation of section 201(a)(1) of such Act (2 U.S.C. 1311(a)(1)). (c) Employees covered by chapter 5 of title 3, United States Code (1) In general The powers, remedies, and procedures provided in chapter 5 of title 3, United States Code, to the President, the Commission, the Merit Systems Protection Board, or any person, alleging a violation of section 411(a)(1) of that title, shall be the powers, remedies, and procedures this title provides to the President, the Commission, such Board, or any person, respectively, alleging an unlawful employment practice in violation of this title against an employee described in section 5(2)(C), except as provided in paragraphs (2) and (3). (2) Costs and fees The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes of the United States (42 U.S.C. 1988), shall be the powers, remedies, and procedures this title provides to the President, the Commission, such Board, or any person, alleging such a practice. (3) Damages The powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United States ( 42 U.S.C. 1981a ), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this title provides to the President, the Commission, such Board, or any person, alleging such a practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes of the United States). (d) Employees Covered by Government Employee Rights Act of 1991 (1) In general The powers, remedies, and procedures provided in sections 302 and 304 of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16b, 2000e–16c) to the Commission, or any person, alleging a violation of section 302(a)(1) of that Act (42 U.S.C. 2000e–16b(a)(1)) shall be the powers, remedies, and procedures this title provides to the Commission, or any person, respectively, alleging an unlawful employment practice in violation of this title against an employee described in section 5(2)(D), except as provided in paragraphs (2) and (3). (2) Costs and fees The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes of the United States (42 U.S.C. 1988), shall be the powers, remedies, and procedures this title provides to the Commission, or any person, alleging such a practice. (3) Damages The powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United States ( 42 U.S.C. 1981a ), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this title provides to the Commission, or any person, alleging such a practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes of the United States). (e) Employees Covered by section 717 of the Civil Rights Act of 1964 (1) In general The powers, remedies, and procedures provided in section 717 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–16 ) to the Commission, the Attorney General, the Librarian of Congress, or any person, alleging a violation of that section shall be the powers, remedies, and procedures this title provides to the Commission, the Attorney General, the Librarian of Congress, or any person, respectively, alleging an unlawful employment practice in violation of this title against an employee or applicant described in section 2(2)(E), except as provided in paragraphs (2) and (3). (2) Costs and fees The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes of the United States (42 U.S.C. 1988), shall be the powers, remedies, and procedures this title provides to the Commission, the Attorney General, the Librarian of Congress, or any person, alleging such a practice. (3) Damages The powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United States ( 42 U.S.C. 1981a ), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this title provides to the Commission, the Attorney General, the Librarian of Congress, or any person, alleging such a practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes of the United States). (f) Prohibition Against Retaliation No person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this title or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this title. The remedies and procedures otherwise provided for under this section shall be available to aggrieved individuals with respect to violations of this subsection. 4. Rulemaking Not later than 2 years after the date of enactment of this Act, the Commission shall issue regulations in an accessible format in accordance with subchapter II of chapter 5 of title 5, United States Code, to carry out this Act. Such regulations shall identify some reasonable accommodations addressing known limitations related to pregnancy, childbirth, or related medical conditions that shall be provided to a job applicant or employee affected by such known limitations unless the covered entity can demonstrate that doing so would impose an undue hardship. 5. Definitions As used in this Act— (1) the term Commission means the Equal Employment Opportunity Commission; (2) the term covered entity — (A) has the meaning given the term respondent in section 701(n) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e(n) ); and (B) includes— (i) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 ) and section 411(c) of title 3, United States Code; (ii) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (12 U.S.C. 1220(a)); and (iii) an entity to which section 717(a) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–16(a) ) applies; (3) the term employee means— (A) an employee (including an applicant), as defined in section 701(f) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(f)); (B) a covered employee (including an applicant), as defined in section 101 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 ); (C) a covered employee (including an applicant), as defined in section 411(c) of title 3, United States Code; (D) a State employee (including an applicant) described in section 304(a) of the Government Employee Rights Act of 1991 (12 U.S.C. 1220(a)); or (E) an employee (including an applicant) to which section 717(a) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–16(a) ) applies; (4) the term person has the meaning given such term in section 701(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(a)); and (5) the terms reasonable accommodation and undue hardship have the meanings given such terms in section 101 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111) and shall be construed as such terms have been construed under such Act and as set forth in the regulations required by this Act. 6. Relationship to other laws Nothing in this Act shall be construed to invalidate or limit the remedies, rights, and procedures of any Federal law or law of any State or political subdivision of any State or jurisdiction that provides greater or equal protection for workers affected by pregnancy, childbirth, or related medical conditions.

https://www.govinfo.gov/content/pkg/BILLS-113hr1975ih/xml/BILLS-113hr1975ih.xml

113-hr-1976

I 113th CONGRESS 1st Session H. R. 1976 IN THE HOUSE OF REPRESENTATIVES May 14, 2013 Ms. Pingree of Maine (for herself, Ms. Moore , Ms. Roybal-Allard , Mr. Michaud , Ms. Norton , Mr. Ellison , Mr. Grijalva , and Mr. Keating ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title XIX of the Social Security Act to provide access to certified professional midwives for women enrolled in the Medicaid program. 1. Short title This Act may be cited as the Access to Certified Professional Midwives Act of 2013 . 2. Requirements for coverage of services provided by certified professional midwives under Medicaid (a) Coverage of certified professional midwife services Section 1905(a) of the Social Security Act ( 42 U.S.C. 1396d(a) ) is amended— (1) in paragraph (28), by deleting and at the end; (2) by redesignating paragraph (29) as paragraph (30); and (3) by inserting after paragraph (28) the following paragraph: (29) services that— (A) are furnished by a certified professional midwife (as defined by the Secretary); and (B) the certified professional midwife is legally authorized to perform under State law (or the State regulatory mechanism provided by State law); and . (b) Inclusion in mandatory services Section 1902(a)(10)(A) of the Social Security Act ( 42 U.S.C. 1396a(a)(10)(A) ) is amended, in the matter before clause (i)— (1) by striking and before (28) ; and (2) by inserting , and (29) after (28) . (c) Effective date (1) In general Except as provided in paragraph (2), the amendments made by this section shall take effect on January 1, 2015. (2) Rule for changes requiring State legislation In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the later of the following dates: (A) 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. (B) The date in paragraph (1) . For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.

https://www.govinfo.gov/content/pkg/BILLS-113hr1976ih/xml/BILLS-113hr1976ih.xml

113-hr-1977

I 113th CONGRESS 1st Session H. R. 1977 IN THE HOUSE OF REPRESENTATIVES May 14, 2013 Mr. Polis introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To establish an alternative accountability model. 1. Short title This Act may be cited as the Growth to Excellence Act of 2013 . 2. Accountability Model Section 1111(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b) ) is amended— (1) in paragraph (3), by adding at the end the following: (E) Assessments above and below grade level (i) In General Notwithstanding any other requirement of this paragraph, a State may carry out this paragraph through the use of adaptive assessments that— (I) are administered through a computerized means; (II) are aligned with grade-level academic content standards; and (III) measure academic growth above and below grade level. (ii) Requirements for adaptive assessments For the results of any adaptive assessment to be included in the accountability model described under paragraph (12), such results must provide the information necessary to determine adequate student growth in accordance with paragraph (12)(C)(i). ; and (2) by adding at the end the following: (11) Criteria and implementation of accountability model (A) In general (i) Transitional participation Prior to a State's adoption of college and career ready academic content standards and college and career ready assessments, as defined in subparagraphs (B) and (C) of paragraph (13), a State may apply to the Secretary to replace the State plan requirements under paragraph (2) with the accountability requirements under paragraph (12). (ii) Required participation After the adoption of college and career ready academic content standards and college and career ready assessments, as defined in subparagraphs (B) and (C) of paragraph (13) and required under this subsection— (I) a State shall comply with this paragraph and paragraph (12) in lieu of paragraph (2); and (II) references in this Act to section 1111(b)(2) shall be deemed to be references to this paragraph and paragraph (12). (B) Criteria A State that participates in the accountability model described in paragraph (12) shall carry out the following activities: (i) Implement challenging college and career ready academic content standards, as defined in paragraph (13)(B). (ii) Implement college and career ready assessments, as defined in paragraph 13(C). (iii) For a secondary school that awards diplomas, measure graduation rates as defined in section 200.19(b)(1) of title 34, Code of Federal Regulations. (iv) Assess not less than 2 of the following additional indicators of whether students are college and career ready: (I) Student scores on the ACT. (II) Student scores on the SAT. (III) The percentage of students who attend an institution of higher education. (IV) College remediation rates. (V) Results from Advanced Placement or International Baccalaureate exams. (VI) Student grade point averages at an institution of higher education. (VII) Rates of completion of the first year at an institution of higher education. (v) Provide a comprehensive State system of accountability for schools that do not meet the goals that are defined in subclauses (V) and (VI) of paragraph (12)(B)(i), which aims to ensure that each student is college and career ready before such student graduates from a secondary school that awards diplomas and which shall include, at a minimum— (I) the evaluation of each school and each group of students described in paragraph (2)(C)(v)(II) against annual progress targets described in subclauses (V) and (VI) of paragraph (12)(B)(i) that are aligned with the goal of ensuring that each student is college and career ready before such student graduates from secondary school; (II) a system of categorization that will group schools based on— (aa) how the overall performance of students, and the performance of each subgroup of students described in paragraph (2)(C)(v)(II), at such school compares to each annual progress target described in subclauses (V) and (VI) of paragraph (12)(B)(i); and (bb) if the school is a secondary school, how students at such school perform when measured against key indicators of college and career readiness, as described in clauses (iii) and (iv); (III) supports and consequences for each school in the State, as appropriate for each school based on the categorization described in subclause (II); and (IV) incentives for schools that consistently exceed the annual progress targets described in subclauses (V) and (VI) of paragraph (12)(B)(i). (vi) Adopt intervention mechanisms for schools, as described in section 1116. (vii) Ensure that adequate student growth reports are delivered, in a timely manner, to parents and teachers (as appropriate) to enable parents and teachers to examine student progress toward becoming college and career ready. (C) Assessments above and below grade level (i) In general In carrying out the assessment requirements described in subparagraph (B)(ii), a State may use adaptive assessments described in paragraph (3)(E). (ii) Requirements for adaptive assessments For the results of any adaptive assessment to be included in the accountability model described under paragraph (12), such results must provide the information necessary to determine adequate student growth in accordance with paragraph (12)(C)(i). (12) Accountability model (A) In general Each State that will use an accountability model under this paragraph shall submit a plan to the Secretary, which shall demonstrate that the State has developed and will implement a single, statewide State accountability system that will be effective in ensuring that all local educational agencies, public elementary schools, and public secondary schools meet the standard of adequate student growth as defined under this paragraph. (B) Components of the accountability model (i) In general Each State accountability model shall— (I) be based on the academic standards and academic assessments adopted under paragraphs (1), (3), and (11), and other academic indicators consistent with subparagraph (C)(ii); (II) take into account the achievement of all public elementary school and secondary school students; (III) be the same accountability model that the State uses for all public elementary schools and secondary schools and all local educational agencies in the State; (IV) include components that recognize successful schools and that require intervention measures in struggling schools, which the State will use to hold local educational agencies and public elementary schools and secondary schools accountable for student achievement and for ensuring that such agencies and schools meet the standard of adequate student growth as described in subparagraph (C), in accordance with this paragraph; (V) establish annual progress targets for each school that— (aa) aim to reduce by half, in less than six years— (AA) the difference between the percentage of students at the top performing schools in the State who meet the college and career ready academic content standards described in paragraph (13)(B) or make adequate student growth, as described in subparagraph (C), and the percentage of such students at each school that is not a top performing school; and (BB) for each category of students described in paragraph (2)(C)(v)(II), the difference between the percentage of students who meet the college and career ready academic content standards described in paragraph (13)(B) or make adequate student growth, as described in subparagraph (C), at the top performing schools in the State, and the percentage of such students at each school that is not a top performing school; (bb) are required to ensure that students are making adequate yearly growth to be on track to college and career readiness not later than the end of the 2019–2020 school year; or (cc) include another method that is educationally sound, rigorous, and will result in ambitious, but achievable, targets for all students and the subgroups of students described in paragraph (2)(C)(v)(II); (VI) establish annual progress targets for each secondary school that awards diplomas that— (aa) aim to reduce by half, in less than 6 years, the difference between the percentage of all students and for each subgroup of students described in paragraph (2)(C)(v)(II) who graduate from such secondary school and 90 percent; or (bb) establishes another single graduation rate goal for each subgroup of students described in paragraph (2)(C)(v)(II) that is educationally sound, rigorous, ambitious and achievable; and (VII) establish a system of categorization and related interventions and rewards that groups local educational agencies based on their schools’ and students’ performance as measured by the annual progress targets established in subclauses (V) and (VI) of subparagraph (B)(i). States may also include additional indicators such as those established in paragraph 12(C)(ii) in their accountability system for local educational agencies. (ii) Definition of top performing school In this paragraph, the term top performing school means a school that is ranked at the 90th percentile when all schools in a State are ranked (with separate rankings for elementary schools and for secondary schools) from lowest to highest, based on the percentage of students at each school who meet challenging college and career ready academic content standards. (iii) Top performing schools A top performing school shall be considered a school that is meeting annual progress targets under subclauses (V) and (VI) of clause (i), for such time as the school remains a top performing school. (C) Adequate student growth (i) In general The term adequate student growth shall be defined by a State— (I) to mean— (aa) for each student at a school who is not on track to being college and career ready in a subject, a rate of growth indicating that the student will be on track to being college and career ready within 3 years, or by the last year of student testing, whichever is earlier; and (bb) for a student who is on track to being college and career ready in a subject, but is not yet college and career ready, a rate of growth equal to not less than 1 year of academic growth; and (II) in a manner that— (aa) applies the same high standards of academic achievement to all public elementary school and secondary school students in the State; (bb) is statistically rigorous, valid, and reliable; (cc) results in continuous and substantial student academic improvement; and (dd) measures the progress of public elementary schools, secondary schools, local educational agencies, and the State based on the academic assessments described in paragraphs (3) and (11). (ii) Measures of adequate school performance (I) In general A State may develop a composite measure of a school’s adequate student growth, as described under this paragraph, to be used for public reporting, that may incorporate 1 or more of the following indicators: (aa) Overall student cohort proficiency or growth to proficiency on the assessments adopted under paragraphs (3) and (11) over a period of 2 or more years. (bb) The percentage of students who are making sufficient growth to meet the college and career ready academic content standards, as described in paragraph (13)(B), before the last year that the student is in the student's current school, or in less than 3 years, whichever occurs earlier. (cc) Progress in closing achievement gaps between each group of students listed in paragraph (2)(C)(v)(II) and the overall student population of the school over a period of 2 or more years. (dd) For secondary schools that award diplomas, a continuous and substantial increase in the graduation rate (as defined in section 200.19(b)(1) of title 34, Code of Federal Regulations). (ee) Year-to-year growth and growth to proficiency on the assessments adopted under paragraphs (3) and (11). (ff) Attendance for all public elementary school students. (gg) The percentage of students who earn sufficient credits to be promoted to the next grade. (hh) The percentage of high school graduates who attend an institution of higher education. (ii) The percentage of high school graduates who do not require remediation at an institution of higher education. (II) Validity and reliability The State shall ensure that each indicator described in this clause is rigorous, valid for the indicator's assigned use, reliable, and consistent with any relevant nationally recognized professional and technical standards. (III) Reporting of indicators A State shall publicly report each of the selected indicators that are included within the composite measure of adequate school performance, as described in this clause, in the aggregate and disaggregated by each group of students described in paragraph (2)(C)(v)(II). (D) Annual improvement for schools Each year, for a school to meet the standard for adequate student growth under this paragraph, not less than 95 percent of each group of students described in paragraph (2)(C)(v)(II) who are enrolled in the school are required to take the assessments, consistent with paragraph (3), including subparagraph (C)(xi) of such paragraph, and with— (i) accommodations provided in the same manner as those provided under section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ); and (ii) accommodations and alternative assessments provided in the same manner as those provided under section 612(a)(16)(A) of the Individuals with Disabilities Education Act. (E) Evaluation (i) Secretarial duties The Secretary shall— (I) establish a rigorous peer-review process, which shall include a diverse board of experts and community stakeholders, to assist in the review of State accountability model plans, based on the criteria described in subparagraphs (B) and (C)(i); (II) appoint individuals to the peer-review process who are representative of parents, teachers, State educational agencies, and local educational agencies, and who are familiar with educational standards, assessments, accountability, the needs of low-performing schools, and other educational needs of students; (III) if the Secretary determines that the State plan does not meet the requirements of this paragraph, immediately notify the State of such determination and the reasons for such determination; (IV) not decline to approve a State's accountability model plan before— (aa) offering the State an opportunity to revise its accountability model plan; (bb) providing technical assistance in order to assist the State to meet the requirements of this paragraph; (cc) providing a hearing; and (dd) allowing the State to communicate with peer reviewers in order to further explain or justify the merits of the State's accountability model plan; and (V) have the authority to disapprove a State accountability model plan for not meeting the requirements of this paragraph, but shall not have the authority to require a State, as a condition of approval of the State accountability model plan, to include in, or delete from, such plan 1 or more specific elements of the State's academic content standards or to use specific academic assessment instruments or items. (ii) State revisions A State accountability model plan shall be revised by the State educational agency if it is necessary to satisfy the requirements of this paragraph. (F) Approved schools If, as of the date of enactment of the Growth to Excellence Act of 2013 , a State has already received approval from the Secretary to use an accountability model, the Secretary may allow such State a period of not more than 2 years from the date of enactment of such Act to transition to the use of the accountability model described in this paragraph. (13) Definitions In this subsection: (A) College and career ready The term college and career ready , when used with respect to a student, means that the student meets the requirements necessary to be admitted into credit-bearing, nonremedial, entry-level coursework at a State public institution of higher education. (B) College and career ready academic content standards The term college and career ready academic content standards means challenging academic content standards (as required under paragraph (1)) that are— (i) developed based on evidence that mastery of such standards corresponds to being college and career ready without the need for remediation; and (ii) (I) common to a significant number of States; or (II) approved by a system of public 4-year institutions of higher education in the State, such that mastery of such standards leads to placement into credit-bearing, nonremedial, first-year coursework for a student admitted to an institution of higher education that is part of such system. (C) College and career ready assessments The term college and career ready assessments means an assessment for mathematics and an assessment for reading or language arts that— (i) measures the annual academic growth of individual students; (ii) is aligned with the college and career ready academic content standards described in this paragraph; and (iii) meets the requirements under paragraph (3). (D) On track to being college and career ready The term on track to being college and career ready in a subject means that a student is performing at or above grade level, such that the student will be college and career ready in the subject before graduation from secondary school, as measured by the State assessment system. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1977ih/xml/BILLS-113hr1977ih.xml

113-hr-1978

I 113th CONGRESS 1st Session H. R. 1978 IN THE HOUSE OF REPRESENTATIVES May 14, 2013 Ms. Schwartz (for herself and Mr. Kind ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to repeal the phasedown of the credit percentage for the dependent care tax credit. 1. Short title This Act may be cited as the Support Working Parents Act of 2013 . 2. Repeal of phasedown of credit percentage for dependent care credit (a) In general Subsection (a) of section 21 of the Internal Revenue Code of 1986 (relating to expenses for household and dependent care services necessary for gainful employment) is amended to read as follows: (a) Allowance of Credit In the case of an individual for which there are 1 or more qualifying individuals with respect to such individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 35 percent of the employment-related expenses paid by such individual during the taxable year. . (b) Effective Date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1978ih/xml/BILLS-113hr1978ih.xml

113-hr-1979

I 113th CONGRESS 1st Session H. R. 1979 IN THE HOUSE OF REPRESENTATIVES May 14, 2013 Mr. Tierney (for himself, Mr. Blumenauer , Mr. Cummings , Mr. Holt , and Ms. Lee of California ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To prevent the doubling of the interest rate for Federal subsidized student loans for the 2013–2014 academic year by providing funds for such loans through the Federal Reserve System, to ensure that such loans are available at interest rates that are equivalent to the interest rates at which the Federal Government provides loans to banks through the discount window operated by the Federal Reserve System, and for other purposes. 1. Short title This Act may be cited as the Bank on Students Loan Fairness Act . 2. Provision of funds for 2013–2014 Federal Direct Stafford Loans Section 451 of the Higher Education Act of 1965 ( 20 U.S.C. 1087a ) is amended by adding at the end the following: (c) Provision of funds for 2013–2014 Federal Direct Stafford Loans (1) In general The Board of Governors of the Federal Reserve System shall make available to the Secretary, from the combined earnings of the Federal Reserve System, the amount determined by the Secretary to be reasonably necessary to award Federal Direct Stafford Loans during the award year beginning July 1, 2013, to all eligible students in attendance at participating institutions of higher education selected by the Secretary to enable such students to pursue their courses of study at such institutions. (2) Administration by Secretary and similar terms The Federal Direct Stafford Loans funded under this subsection for the award year beginning July 1, 2013, shall be administered by the Secretary and shall be made in accordance with the requirements, and be subject to all terms and conditions, of this part, except that appropriations provided under the first sentence of subsection (a) shall not be used for any Federal Direct Stafford Loans made during such period. . 3. Adjustment of Federal Direct Stafford Loan interest rates (a) In general Section 455(b)(7) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(b)(7) ) is amended by adding at the end the following: (E) Reduced rates for fdsl loans disbursed on or after July 1, 2013, and before July 1, 2014 Notwithstanding the preceding paragraphs of this subsection and subparagraph (A) of this paragraph, for Federal Direct Stafford Loans made to undergraduate students for which the first disbursement is made on or after July 1, 2013, and before July 1, 2014, the applicable rate of interest shall be the primary credit rate charged by the Federal Reserve banks on July 1, 2013, for purposes of sections 13 and 13A of the Federal Reserve Act (12 U.S.C. 342 et seq.). . (b) Conforming amendments Section 455(b)(7)(D) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(b)(7)(D) ) is amended in the subparagraph heading by striking fdsl and inserting fdsl issued on or after July 1, 2006, and before July 1, 2013 .

https://www.govinfo.gov/content/pkg/BILLS-113hr1979ih/xml/BILLS-113hr1979ih.xml

113-hr-1980

I 113th CONGRESS 1st Session H. R. 1980 IN THE HOUSE OF REPRESENTATIVES May 14, 2013 Mr. Walz (for himself, Mr. Denham , Mr. Jones , Ms. Frankel of Florida , Mr. Barber , Ms. Esty , Ms. Kuster , and Mr. O’Rourke ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to prohibit the Secretary of Veterans Affairs from requesting additional medical examinations of veterans who have submitted sufficient medical evidence provided by non-Department medical professionals and to improve the efficiency of processing certain claims for disability compensation by veterans, and for other purposes. 1. Short title This Act may be cited as the Quicker Veterans Benefits Delivery Act . 2. Treatment of medical evidence provided by non-Department of Veterans Affairs medical professionals in support of claims disability compensation (a) In general Section 5103A(d) of title 38, United States Code, is amended by adding at the end the following new paragraph: (3) During the six-year period beginning on the date of the enactment of this paragraph, the Secretary may not request a medical examination under paragraph (1) in the case of a claim for disability compensation in support of which a claimant submits medical evidence provided by a non-Department medical professional, including a non-Department medical opinion, that is competent, credible, probative, and otherwise adequate for purposes of making a decision on the claim. . (b) Effective date The amendment made by subsection (a) shall apply with respect to medical evidence submitted after the date that is 90 days after the date of the enactment of this Act. 3. Improvement of disability claims processing (a) Prestabilization rates Section 1156 of title 38, United States Code, is amended— (1) by redesignating subsections (c) and (d) as subsections (e) and (f), respectively; and (2) by inserting after subsection (b) the following new subsection (c): (c) Prestabilization rates During the six-year period beginning on the date of the enactment of this subsection, in assigning to a veteran a prestabilization rating pursuant to section 4.28 of title 38, Code of Federal Regulations, (or successor regulation), the Secretary shall assign such a rating at the level of total, 50 percent, or 30 percent, as determined appropriate by the Secretary. . (b) Temporary minimum rates Section 1156 of title 38, United States Code, is further amended by inserting after subsection (c), as added by subsection (a), the following new subsection (d): (d) Temporary minimum rates During the six-year period beginning on the date of the enactment of this subsection, the Secretary shall assign a temporary minimum disability rating to a veteran who— (1) has one or more disabilities not covered under subsection (a); and (2) submits a claim for such disability that has sufficient evidence to support a minimum disability rating. . (c) Reporting of claims backlog During the six-year period beginning on the date of the enactment of this Act, the Secretary of Veterans Affairs shall not include any veteran to whom the Secretary has assigned a pre-stabilization rating under subsection (c) of section 1156 of such title, as added by subsection (a), or a temporary minimum disability rating under subsection (d) of such section, as added by subsection (b), in any count of the backlog of disability ratings to be assigned by the Secretary. (d) Effective date The amendments made by this section shall take effect on the date that is 90 days after the date of the enactment of this Act and shall apply with respect to claims for disability compensation filed on or after that date. 4. Timing of monthly payments of benefits under the laws administered by the Secretary of Veterans Affairs (a) In general Section 5120(e) of title 38, United States Code, is amended— (1) by striking Whenever and inserting (1) Whenever ; and (2) by adding at the end the following new paragraph: (2) During the six-year period beginning on the date of the enactment of this paragraph, the Secretary shall certify benefit payments for any calendar month in such a way that such payments will be delivered by mail, or transmitted for credit to the payee’s account pursuant to subsection (d) of this section, before the first day of the calendar month for which such payments are issued. . (b) Effective date The amendments made by subsection (a) shall apply with respect to a calendar month that begins after the date that is 90 days after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1980ih/xml/BILLS-113hr1980ih.xml

113-hr-1981

I 113th CONGRESS 1st Session H. R. 1981 IN THE HOUSE OF REPRESENTATIVES May 15, 2013 Mr. George Miller of California (for himself, Mrs. Napolitano , Mr. Holt , Mr. Grijalva , Ms. Jackson Lee , Ms. Castor of Florida , Mr. Yarmuth , Mr. Polis , Ms. Kaptur , Ms. Tsongas , Ms. Lee of California , Mr. Lewis , Mr. Scott of Virginia , Mrs. McCarthy of New York , and Ms. Wilson of Florida ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To require certain standards and enforcement provisions to prevent child abuse and neglect in residential programs, and for other purposes. 1. Short title This Act may be cited as the Stop Child Abuse in Residential Programs for Teens Act of 2013 . 2. Definitions In this Act: (1) Assistant Secretary The term Assistant Secretary means the Assistant Secretary for Children and Families of the Department of Health and Human Services. (2) Child The term child means an individual who has not attained the age of 18. (3) Child abuse and neglect The term child abuse and neglect has the meaning given such term in section 3 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 note). (4) Covered program (A) In general The term covered program means each location of a program operated by a public or private entity that, with respect to one or more children who are unrelated to the owner or operator of the program— (i) provides a residential environment, such as— (I) a program with a wilderness or outdoor experience, expedition, or intervention; (II) a boot camp experience or other experience designed to simulate characteristics of basic military training or correctional regimes; (III) a therapeutic boarding school; or (IV) a behavioral modification program; and (ii) operates with a focus on serving children with— (I) emotional, behavioral, or mental health problems or disorders; or (II) problems with alcohol or substance abuse. (B) Exclusion The term covered program does not include— (i) a hospital licensed by the State; or (ii) a foster family home that provides 24-hour substitute care for children placed away from their parents or guardians and for whom the State child welfare services agency has placement and care responsibility and that is licensed and regulated by the State as a foster family home. (5) 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 ). (6) State The term State has the meaning given such term in section 3 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 note). 3. Standards and enforcement (a) Minimum standards (1) In general Not later than 180 days after the date of the enactment of this Act, the Assistant Secretary for Children and Families of the Department of Health and Human Services shall require each covered program, in order to provide for the basic health and safety of children at such a program, to meet the following minimum standards: (A) Child abuse and neglect shall be prohibited. (B) Disciplinary techniques or other practices that involve the withholding of essential food, water, clothing, shelter, or medical care necessary to maintain physical health, mental health, and general safety, shall be prohibited. (C) The protection and promotion of the right of each child at such a program to be free from physical and mechanical restraints and seclusion (as such terms are defined in section 595 of the Public Health Service Act ( 42 U.S.C. 290jj )) to the same extent and in the same manner as a non-medical, community-based facility for children and youth is required to protect and promote the right of its residents to be free from such restraints and seclusion under such section 595, including the prohibitions and limitations described in subsection (b)(3) of such section. (D) Acts of physical or mental abuse designed to humiliate, degrade, or undermine a child’s self-respect shall be prohibited. (E) Each child at such a program shall have reasonable access to a telephone, and be informed of their right to such access, for making and receiving phone calls with as much privacy as possible, and shall have access to the appropriate State or local child abuse reporting hotline number, and the national hotline number referred to in subsection (c)(2). (F) Each staff member, including volunteers, at such a program shall be required, as a condition of employment, to become familiar with what constitutes child abuse and neglect, as defined by State law. (G) Each staff member, including volunteers, at such a program shall be required, as a condition of employment, to become familiar with the requirements, including with State law relating to mandated reporters, and procedures for reporting child abuse and neglect in the State in which such a program is located. (H) Full disclosure, in writing, of staff qualifications and their roles and responsibilities at such program, including medical, emergency response, and mental health training, to parents or legal guardians of children at such a program, including providing information on any staff changes, including changes to any staff member’s qualifications, roles, or responsibilities, not later than 10 days after such changes occur. (I) Each staff member at a covered program described in subclause (I) or (II) of section 2(4)(A)(i) shall be required, as a condition of employment, to be familiar with the signs, symptoms, and appropriate responses associated with heatstroke, dehydration, and hypothermia. (J) Each staff member, including volunteers, shall be required, as a condition of employment, to submit to a criminal history check, including a name-based search of the National Sex Offender Registry established pursuant to the Adam Walsh Child Protection and Safety Act of 2006 ( Public Law 109–248 ; 42 U.S.C. 16901 et seq. ), a search of the State criminal registry or repository in the State in which the covered program is operating, and a Federal Bureau of Investigation fingerprint check. An individual shall be ineligible to serve in a position with any contact with children at a covered program if any such record check reveals a felony conviction for child abuse or neglect, spousal abuse, a crime against children (including child pornography), or a crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery. (K) Policies and procedures for the provision of emergency medical care, including policies for staff protocols for implementing emergency responses. (L) All promotional and informational materials produced by such a program shall include a hyperlink to or the URL address of the website created by the Assistant Secretary pursuant to subsection (c)(1)(A). (M) Policies to require parents or legal guardians of a child attending such a program— (i) to notify, in writing, such program of any medication the child is taking; (ii) to be notified within 24 hours of any changes to the child’s medical treatment and the reason for such change; and (iii) to be notified within 24 hours of any missed dosage of prescribed medication. (N) Procedures for notifying immediately, to the maximum extent practicable, but not later than within 48 hours, parents or legal guardians with children at such a program of any— (i) on-site investigation of a report of child abuse and neglect; (ii) violation of the health and safety standards described in this paragraph; and (iii) violation of State licensing standards developed pursuant to section 114(b)(1) of the Child Abuse Prevention and Treatment Act, as added by section 7 of this Act. (O) Other standards the Assistant Secretary determines appropriate to provide for the basic health and safety of children at such a program. (2) Regulations (A) Interim regulations Not later than 180 days after the date of the enactment of this Act, the Assistant Secretary shall promulgate and enforce interim regulations to carry out paragraph (1). (B) Public comment The Assistant Secretary shall, for a 90-day period beginning on the date of the promulgation of interim regulations under subparagraph (A) of this paragraph, solicit and accept public comment concerning such regulations. Such public comment shall be submitted in written form. (C) Final regulations Not later than 90 days after the conclusion of the 90-day period referred to in subparagraph (B) of this paragraph, the Assistant Secretary shall promulgate and enforce final regulations to carry out paragraph (1). (b) Monitoring and enforcement (1) On-going review process Not later than 180 days after the date of the enactment of this Act, the Assistant Secretary shall implement an on-going review process for investigating and evaluating reports of child abuse and neglect at covered programs received by the Assistant Secretary from the appropriate State, in accordance with section 114(b)(3) of the Child Abuse Prevention and Treatment Act, as added by section 7 of this Act. Such review process shall— (A) include an investigation to determine if a violation of the standards required under subsection (a)(1) has occurred; (B) include an assessment of the State’s performance with respect to appropriateness of response to and investigation of reports of child abuse and neglect at covered programs and appropriateness of legal action against responsible parties in such cases; (C) be completed not later than 60 days after receipt by the Assistant Secretary of such a report; (D) not interfere with an investigation by the State or a subdivision thereof; and (E) be implemented in each State in which a covered program operates until such time as each such State has satisfied the requirements under section 114(c) of the Child Abuse Prevention and Treatment Act, as added by section 7 of this Act, as determined by the Assistant Secretary, or two years has elapsed from the date that such review process is implemented, whichever is later. (2) Civil penalties Not later than 180 days after the date of the enactment of this Act, the Assistant Secretary shall promulgate regulations establishing civil penalties for violations of the standards required under subsection (a)(1). The regulations establishing such penalties shall incorporate the following: (A) Any owner or operator of a covered program at which the Assistant Secretary has found a violation of the standards required under subsection (a)(1) may be assessed a civil penalty not to exceed $50,000 per violation. (B) All penalties collected under this subsection shall be deposited in the appropriate account of the Treasury of the United States. (c) Dissemination of information The Assistant Secretary shall establish, maintain, and disseminate information about the following: (1) Websites made available to the public that contain, at a minimum, the following: (A) The name and each location of each covered program, and the name of each owner and operator of each such program, operating in each State, and information regarding— (i) each such program’s history of violations of— (I) regulations promulgated pursuant to subsection (a); and (II) section 114(b)(1) of the Child Abuse Prevention and Treatment Act, as added by section 7 of this Act; (ii) each such program’s current status with the State licensing requirements under section 114(b)(1) of the Child Abuse Prevention and Treatment Act, as added by section 7 of this Act; (iii) any deaths that occurred to a child while under the care of such a program, including any such deaths that occurred in the five-year period immediately preceding the date of the enactment of this Act, and including the cause of each such death; (iv) owners or operators of a covered program that was found to be in violation of the standards required under subsection (a)(1), or a violation of the licensing standards developed pursuant to section 114(b)(1) of the Child Abuse Prevention and Treatment Act, as added by section 7 of this Act, and who subsequently own or operate another covered program; and (v) any penalties levied under subsection (b)(2) and any other penalties levied by the State, against each such program. (B) Information on best practices for helping adolescents with mental health disorders, conditions, behavioral challenges, or alcohol or substance abuse, including information to help families access effective resources in their communities. (2) A national toll-free telephone hotline to receive complaints of child abuse and neglect at covered programs and violations of the standards required under subsection (a)(1). (d) Action The Assistant Secretary shall establish a process to— (1) ensure complaints of child abuse and neglect received by the hotline established pursuant to subsection (c)(2) are promptly reviewed by persons with expertise in evaluating such types of complaints; (2) immediately notify the State, appropriate local law enforcement, and the appropriate protection and advocacy system of any credible complaint of child abuse and neglect at a covered program received by the hotline; (3) investigate any such credible complaint not later than 30 days after receiving such complaint to determine if a violation of the standards required under subsection (a)(1) has occurred; and (4) ensure the collaboration and cooperation of the hotline established pursuant to subsection (c)(2) with other appropriate National, State, and regional hotlines, and, as appropriate and practicable, with other hotlines that might receive calls about child abuse and neglect at covered programs. 4. Enforcement by the Attorney General If the Assistant Secretary determines that a violation of subsection (a)(1) of section 3 has not been remedied through the enforcement process described in subsection (b)(2) of such section, the Assistant Secretary shall refer such violation to the Attorney General for appropriate action. Regardless of whether such a referral has been made, the Attorney General may, sua sponte, file a complaint in any court of competent jurisdiction seeking equitable relief or any other relief authorized by this Act for such violation. 5. Report Not later than one year after the date of the enactment of this Act and annually thereafter, the Secretary of Health and Human Services, in coordination with the Attorney General shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, a report on the activities carried out by the Assistant Secretary and the Attorney General under this Act, including— (1) a summary of findings from on-going reviews conducted by the Assistant Secretary pursuant to section 3(b)(1), including a description of the number and types of covered programs investigated by the Assistant Secretary pursuant to such section; (2) a description of types of violations of health and safety standards found by the Assistant Secretary and any penalties assessed; (3) a summary of State progress in meeting the requirements of this Act, including the requirements under section 114 of the Child Abuse Prevention and Treatment Act, as added by section 7 of this Act; (4) a summary of the Secretary’s oversight activities and findings conducted pursuant to subsection (d) of such section 114; and (5) a description of the activities undertaken by the national toll-free telephone hotline established pursuant to section 3(c)(2). 6. Authorization of appropriations There is authorized to be appropriated to the Secretary of Health and Human Services $15,000,000 for each of fiscal years 2014 through 2018 to carry out this Act (excluding the amendment made by section 7 of this Act and section 8 of this Act). 7. Additional eligibility requirements for grants to States to prevent child abuse and neglect at residential programs (a) In general Title I of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 et seq. ) is amended by adding at the end the following new section: 114. Additional eligibility requirements for grants to States to prevent child abuse and neglect at residential programs (a) Definitions In this section: (1) Child The term child means an individual who has not attained the age of 18. (2) Covered program (A) In general The term covered program means each location of a program operated by a public or private entity that, with respect to one or more children who are unrelated to the owner or operator of the program— (i) provides a residential environment, such as— (I) a program with a wilderness or outdoor experience, expedition, or intervention; (II) a boot camp experience or other experience designed to simulate characteristics of basic military training or correctional regimes; (III) a therapeutic boarding school; or (IV) a behavioral modification program; and (ii) operates with a focus on serving children with— (I) emotional, behavioral, or mental health problems or disorders; or (II) problems with alcohol or substance abuse. (B) Exclusion The term covered program does not include— (i) a hospital licensed by the State; or (ii) a foster family home that provides 24-hour substitute care for children placed away from their parents or guardians and for whom the State child welfare services agency has placement and care responsibility and that is licensed and regulated by the State as a foster family home. (3) 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 ). (b) Eligibility requirements To be eligible to receive a grant under section 106, a State shall— (1) not later than three years after the date of the enactment of this section, develop policies and procedures to prevent child abuse and neglect at covered programs operating in such State, including having in effect health and safety licensing requirements applicable to and necessary for the operation of each location of such covered programs that include, at a minimum— (A) standards that meet or exceed the standards required under section 3(a)(1) of the Stop Child Abuse in Residential Programs for Teens Act of 2013 ; (B) the provision of essential food, water, clothing, shelter, and medical care necessary to maintain physical health, mental health, and general safety of children at such programs; (C) policies for emergency medical care preparedness and response, including minimum staff training and qualifications for such responses; and (D) notification to appropriate staff at covered programs if their position of employment meets the definition of mandated reporter, as defined by the State; (2) develop policies and procedures to monitor and enforce compliance with the licensing requirements developed in accordance with paragraph (1), including— (A) designating an agency to be responsible, in collaboration and consultation with State agencies providing human services (including child protective services, and services to children with emotional, psychological, developmental, or behavioral dysfunctions, impairments, disorders, or alcohol or substance abuse), State law enforcement officials, the appropriate protection and advocacy system, and courts of competent jurisdiction, for monitoring and enforcing such compliance; (B) establishing a State licensing application process through which any individual seeking to operate a covered program would be required to disclose all previous substantiated reports of child abuse and neglect and all child deaths at any businesses previously or currently owned or operated by such individual, except that substantiated reports of child abuse and neglect may remain confidential and all reports shall not contain any personally identifiable information relating to the identity of individuals who were the victims of such child abuse and neglect; (C) conducting unannounced site inspections not less often than once every two years at each location of a covered program; (D) creating a non-public database, to be integrated with the annual State data reports required under section 106(d), of reports of child abuse and neglect at covered programs operating in the State, except that such reports shall not contain any personally identifiable information relating to the identity of individuals who were the victims of such child abuse and neglect; and (E) implementing a policy of graduated sanctions, including fines and suspension and revocation of licences, against covered programs operating in the State that are out of compliance with such health and safety licensing requirements; (3) if the State is not yet satisfying the requirements of this subsection, in accordance with a determination made pursuant to subsection (c), develop policies and procedures for notifying the Secretary and the appropriate protection and advocacy system of any report of child abuse and neglect at a covered program operating in the State not later than 30 days after the appropriate State entity, or subdivision thereof, determines such report should be investigated and not later than 48 hours in the event of a fatality; (4) if the Secretary determines that the State is satisfying the requirements of this subsection, in accordance with a determination made pursuant to subsection (c), develop policies and procedures for notifying the Secretary if— (A) the State determines there is evidence of a pattern of violations of the standards required under paragraph (1) at a covered program operating in the State or by an owner or operator of such a program; or (B) there is a child fatality at a covered program operating in the State; (5) develop policies and procedures for establishing and maintaining a publicly available database of all covered programs operating in the State, including the name and each location of each such program and the name of the owner and operator of each such program, information on reports of substantiated child abuse and neglect at such programs (except that such reports shall not contain any personally identifiable information relating to the identity of individuals who were the victims of such child abuse and neglect and that such database shall include and provide the definition of substantiated used in compiling the data in cases that have not been finally adjudicated), violations of standards required under paragraph (1), and all penalties levied against such programs; (6) annually submit to the Secretary a report that includes— (A) the name and each location of all covered programs, including the names of the owners and operators of such programs, operating in the State, and any violations of State licensing requirements developed pursuant to subsection (b)(1); and (B) a description of State activities to monitor and enforce such State licensing requirements, including the names of owners and operators of each covered program that underwent a site inspection by the State, and a summary of the results and any actions taken; and (7) if the Secretary determines that the State is satisfying the requirements of this subsection, in accordance with a determination made pursuant to subsection (c), develop policies and procedures to report to the appropriate protection and advocacy system any case of the death of an individual under the control or supervision of a covered program not later than 48 hours after the State is informed of such death. (c) Secretarial determination The Secretary shall not determine that a State’s licensing requirements, monitoring, and enforcement of covered programs operating in the State satisfy the requirements of subsection (b) unless— (1) the State implements licensing requirements for such covered programs that meet or exceed the standards required under subsection (b)(1); (2) the State designates an agency to be responsible for monitoring and enforcing compliance with such licensing requirements; (3) the State conducts unannounced site inspections of each location of such covered programs not less often than once every two years; (4) the State creates a non-public database of such covered programs, to include information on reports of child abuse and neglect at such programs (except that such reports shall not contain any personally identifiable information relating to the identity of individuals who were the victims of such child abuse and neglect); (5) the State implements a policy of graduated sanctions, including fines and suspension and revocation of licenses against such covered programs that are out of compliance with the health and safety licensing requirements under subsection (b)(1); and (6) after a review of assessments conducted under section 3(b)(1)(B) of the Stop Child Abuse in Residential Programs for Teens Act of 2013 , the Secretary determines the State is appropriately investigating and responding to allegations of child abuse and neglect at such covered programs. (d) Oversight (1) In general Beginning two years after the date of the enactment of the Stop Child Abuse in Residential Programs for Teens Act of 2013 , the Secretary shall implement a process for continued monitoring of each State that is determined to be satisfying the licensing, monitoring, and enforcement requirements of subsection (b), in accordance with a determination made pursuant to subsection (c), with respect to the performance of each such State regarding— (A) preventing child abuse and neglect at covered programs operating in each such State; and (B) enforcing the licensing standards described in subsection (b)(1). (2) Evaluations The process required under paragraph (1) shall include in each State, at a minimum— (A) an investigation not later than 60 days after receipt by the Secretary of a report from a State, or a subdivision thereof, of child abuse and neglect at a covered program operating in the State, and submission of findings to appropriate law enforcement or other local entity where necessary, if the report indicates— (i) a child fatality at such program; or (ii) there is evidence of a pattern of violations of the standards required under subsection (b)(1) at such program or by an owner or operator of such program; (B) an annual review by the Secretary of cases of reports of child abuse and neglect investigated at covered programs operating in the State to assess the State’s performance with respect to the appropriateness of response to and investigation of reports of child abuse and neglect at covered programs and the appropriateness of legal actions taken against responsible parties in such cases; and (C) unannounced site inspections of covered programs operating in the State to monitor compliance with the standards required under section 3(a) of the Stop Child Abuse in Residential Programs for Teens Act of 2013 . (3) Enforcement If the Secretary determines, pursuant to an evaluation under this subsection, that a State is not adequately implementing, monitoring, and enforcing the licensing requirements of subsection (b)(1), the Secretary shall require, for a period of not less than one year, that— (A) the State shall inform the Secretary of each instance there is a report to be investigated of child abuse and neglect at a covered program operating in the State; and (B) the Secretary and the appropriate local agency shall jointly investigate such report. . (b) Authorization of appropriations Section 112(a)(1) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106h(a)(1)) is amended by striking $120,000,000 and all that follows through the period and inserting $235,000,000 for each of fiscal years 2014 through 2018. . (c) Conforming amendments (1) Coordination with available resources Section 103(c)(1)(D) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5104(c)(1)(D) ) is amended by inserting after specific the following: (including reports of child abuse and neglect occurring at covered programs (except that such reports shall not contain any personally identifiable information relating to the identity of individuals who were the victims of such child abuse and neglect), as such term is defined in section 114) . (2) Further requirement Section 106(b)(1) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106a(b)(1) ) is amended by adding at the end the following new subparagraph: (D) Further requirement To be eligible to receive a grant under this section, a State shall comply with the requirements under section 114(b) and shall include in the State plan submitted pursuant to subparagraph (A) a description of the activities the State will carry out to comply with the requirements under such section 114(b). . (3) Annual State data reports Section 106(d) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106a(d) ) is amended— (A) in paragraph (1), by inserting before the period at the end the following: (including reports of child abuse and neglect occurring at covered programs (except that such reports shall not contain any personally identifiable information relating to the identity of individuals who were the victims of such child abuse and neglect), as such term is defined in section 114) ; and (B) in paragraph (6), by inserting before the period at the end the following: or who were in the care of a covered program, as such term is defined in section 114 . (d) Clerical amendment Section 1(b) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 note) is amended by inserting after the item relating to section 113 the following new item: Sec. 114. Additional eligibility requirements for grants to States to prevent child abuse and neglect at residential programs. . 8. Study and report on outcomes in covered programs (a) Study The Secretary of Health and Human Services shall conduct a study, in consultation with relevant agencies and experts, to examine the outcomes for children in both private and public covered programs under this Act encompassing a broad representation of treatment facilities and geographic regions. (b) Report The Secretary of Health and Human Services shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that contains the results of the study conducted under subsection (a).

https://www.govinfo.gov/content/pkg/BILLS-113hr1981ih/xml/BILLS-113hr1981ih.xml

113-hr-1982

I 113th CONGRESS 1st Session H. R. 1982 IN THE HOUSE OF REPRESENTATIVES May 15, 2013 Mr. Reichert (for himself and Mr. Thompson of California ) 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 section 1862 of the Social Security Act with respect to the application of Medicare secondary payer rules to workers’ compensation settlement agreements and Medicare set-asides under such agreements. 1. Short title This Act may be cited as the Medicare Secondary Payer and Workers’ Compensation Settlement Agreements Act of 2013 . 2. Application of Medicare secondary payer rules to certain workers’ compensation settlement agreements and qualified Medicare set-aside provisions (a) Threshold for secondary payer provisions for certain workers' compensation settlement agreements Section 1862 of the Social Security Act ( 42 U.S.C. 1395y ) is amended— (1) in subsection (b)(2)(A)(ii), by inserting subject to subsection (p), after (ii) ; and (2) by adding at the end the following new subsection: (p) Threshold for secondary payer provisions for certain workers' compensation settlement agreements (1) In general A workers’ compensation law or plan shall not be treated as a primary plan for purposes of subsection (b) with respect to a workers’ compensation settlement agreement if the agreement (or claimant under the agreement) meets any of the following requirements: (A) Total settlement amount not exceeding $25,000 Such agreement has a total settlement amount (as determined under paragraph (2)) that does not exceed $25,000 or such greater amount as the Secretary may specify in regulations. (B) Likely ineligibility of workers' compensation claimant for medicare benefits The claimant subject to such agreement— (i) is not eligible for benefits under this title as of the effective date of the agreement; and (ii) is unlikely to become so eligible, as determined under paragraph (3), within 30 months after such effective date. (C) No future workers’ compensation medical expenses The claimant subject to such agreement is not eligible for payment of medical expenses incurred after the effective date of the agreement from the workers’ compensation law or plan of the jurisdiction in which such agreement will be effective. (D) No limitation on future workers’ compensation medical expenses Such agreement does not limit or extinguish the right of the claimant to payment of medical expenses incurred after the effective date of such agreement by the workers’ compensation law or plan of the jurisdiction in which the agreement will be effective. (2) Determination of total settlement amount of workers’ compensation settlement agreement For purposes of paragraph (1)(A) and subsection (q) and with respect to a work-related injury or illness that is the subject of a workers’ compensation settlement agreement, the total settlement amount of the agreement is the sum of monetary wage replacement benefits, attorney fees, all future medical expenses, repayment of Medicare conditional payments, payout totals for annuities to fund the expenses listed above, and any previously settled portion of the workers’ compensation claim. (3) Determination of likely ineligibility of claimant for medicare benefits For purposes of paragraph (1)(B)(ii), a workers’ compensation claimant shall be deemed unlikely to become eligible for benefits under this title within 30 months after the effective date of the agreement unless, as of the effective date of the agreement, such claimant is insured for disability insurance benefits under section 223(c)(1) and is described in any of the following subparagraphs: (A) Awarded disability benefits The individual has been awarded such disability insurance benefits. (B) Applied for disability The individual has applied for such disability insurance benefits. (C) Anticipates appeal The individual has been denied such disability insurance benefits but anticipates appealing that decision. (D) Appealing or refiling The individual is in the process of appealing or refiling for such disability insurance benefits. (E) Minimum age The individual is at least 62 years and 6 months of age. (F) End-stage renal disease The individual is medically determined to have end-stage renal disease but does not yet qualify for health benefits under section 226A based on such disease. (4) Definitions For purposes of this subsection and subsection (q): (A) Compromise agreement The term compromise agreement means a workers’ compensation settlement agreement that— (i) applies to a workers’ compensation claim that is denied or contested, in whole or in part, by a workers’ compensation payer involved under the workers’ compensation law or plan applicable to the jurisdiction in which the agreement has been settled; and (ii) does not provide for a payment of the full amount of benefits sought or that may be payable under the workers’ compensation claim. (B) Commutation agreement The term commutation agreement means a workers’ compensation settlement agreement to settle all or a portion of a workers’ compensation claim, in which— (i) liability for past and future benefits is not disputed; and (ii) the parties to the agreement agree to include payment for future workers’ compensation benefits payable after the date on which the agreement becomes effective. (C) Workers’ compensation claimant The term workers’ compensation claimant means a worker who— (i) is or may be covered under a workers’ compensation law or plan; and (ii) submits a claim or accepts benefits under such law or plan for a work-related injury or illness. (D) Workers' compensation law or plan (i) In general The term workers’ compensation law or plan means a law or program administered by a State or the United States to provide compensation to workers for a work-related injury or illness (or for disability or death caused by such an injury or illness), including the Longshore and Harbor Workers’ Compensation Act ( 33 U.S.C. 901–944 , 948–950), chapter 81 of title 5, United States Code (known as the Federal Employees Compensation Act), the Black Lung Benefits Act ( 30 U.S.C. 931 et seq. ), and part C of title 4 of the Federal Coal Mine and Safety Act ( 30 U.S.C. 901 et seq. ), but not including the Act of April 22, 1908 ( 45 U.S.C. 51 et seq. ) (popularly referred to as the Federal Employer’s Liability Act). (ii) Inclusion of similar compensation plan Such term includes a similar compensation plan established by an employer that is funded by such employer or the insurance carrier of such employer to provide compensation to a worker of such employer for a work-related injury or illness. (E) Workers’ compensation payer The term workers’ compensation payer means, with respect to a workers’ compensation law or plan, a workers’ compensation insurer, self-insurer, employer, individual, or any other entity that is or may be liable for the payment of benefits to a workers' compensation claimant pursuant to the workers' compensation law or plan. (F) Workers’ compensation settlement agreement The term workers’ compensation settlement agreement means an agreement, which includes a commutation agreement or compromise agreement, or any combination of both, between a claimant and one or more workers’ compensation payers which— (i) forecloses the possibility of future payment of some or all workers’ compensation benefits involved; and (ii) (I) compensates the claimant for a work-related injury or illness as provided for by a workers’ compensation law or plan; or (II) eliminates cause for litigation involving issues in dispute between the claimant and payer. . (b) Satisfaction of secondary payer requirements through use of qualified medicare set-Asides under workers’ compensation settlement agreements Section 1862 of the Social Security Act (42 U.S.C. 1395y), as amended by subsection (a), is further amended by adding at the end the following new subsection: (q) Treatment of qualified Medicare set-Asides under workers' compensation settlement agreements (1) Satisfaction of secondary payer requirements through use of qualified Medicare set-asides (A) Full satisfaction of claim obligations (i) In general If a workers’ compensation settlement agreement, related to a claim of a workers’ compensation claimant, includes a qualified Medicare set-aside (as defined in paragraph (2)), such set-aside shall satisfy any obligation with respect to the present or future payment reimbursement under subsection (b)(2) with respect to such claim. The Secretary shall have no further recourse, directly or indirectly, under this title with respect to such agreement. (ii) Rule of construction Nothing in this section shall be construed as requiring the submission of a Medicare set-aside to the Secretary. (B) Medicare set-aside and Medicare set-aside amount defined For purposes of this subsection: (i) Medicare set-aside The term Medicare set-aside means, with respect to a workers’ compensation settlement agreement, a provision in the agreement that provides for a payment of a lump sum, annuity, a combination of a lump sum and an annuity, or other amount that is in full satisfaction of the obligation described in subparagraph (A) for items and services that the workers’ compensation claimant under the agreement received or is likely to receive under the applicable workers’ compensation law and for which payment would be made under this title, but for subsection (b)(2)(A). (ii) Medicare set-aside amount The term Medicare set-aside amount means, with respect to a Medicare set-aside, the actual dollar amount provided for in clause (i). (2) Qualified Medicare set-aside (A) Requirements of qualified Medicare set-aside For purposes of this subsection, the term qualified Medicare set-aside is a Medicare set-aside in which the Medicare set-aside amount reasonably takes into account the full payment obligation described in paragraph (1)(A), while meeting the requirements of subparagraphs (B) and (C) and giving due consideration to the following: (i) The illness or injury giving rise to the workers’ compensation claim involved. (ii) The age and life expectancy of the claimant involved. (iii) The reasonableness of and necessity for future medical expenses for treatment of the illness or injury involved. (iv) The duration of and limitation on benefits payable under the workers’ compensation law or plan involved. (v) The regulations and case law relevant to the State workers’ compensation law or plan involved. (B) Items and services included A qualified Medicare set-aside— (i) shall include payment for items and services that are covered and otherwise payable under this title as of the effective date of the workers’ compensation settlement agreement and that are covered by the workers’ compensation law or plan; and (ii) is not required to provide for payment for items and services that are not described in clause (i). (C) Payment requirements (i) Required use of workers’ compensation fee schedule (I) In general Except in the case of an optional direct payment of a Medicare set-aside made under paragraph (5)(A), the set-aside amount shall be based upon the payment amount for items and services under the workers’ compensation fee schedule (effective as of the date of the agreement) applicable to the workers’ compensation law or plan involved. (II) Workers’ compensation fee schedule defined For purposes of this subsection, the term workers’ compensation fee schedule means, with respect to a workers’ compensation law or plan of a State or a similar plan applicable in a State, the schedule of payment amounts the State has established to pay providers for items and services furnished to workers who incur a work-related injury or illness as defined under such law or plan (or in the absence of such a schedule, the applicable medical reimbursement rate under such law or plan). (ii) Optional proportional adjustment for compromise settlement agreements (I) In general In the case of a compromise settlement agreement, a claimant or workers’ compensation payer who is party to the agreement may elect to calculate the Medicare set-aside amount of the agreement by applying a percentage reduction to the Medicare set-aside amount for the total settlement amount that could have been payable under the applicable workers’ compensation law or similar plan involved had the denied or contested portion of the claim not been subject to a compromise agreement. The percentage reduction shall be equal to the denied or contested percentage of such total settlement. Such election may be made by a party to the agreement only with the written consent of the other party to the agreement. (II) Application If the claimant or workers’ compensation payer elects to calculate the Medicare set-aside amount under this clause, the Medicare set-aside shall be deemed a qualified Medicare set-aside. (D) Certain Medicare set-asides with safe harbor amount deemed qualified Medicare set-asides (i) In general For purposes of this section and subject to clause (iv), a Medicare set-aside of a workers’ compensation settlement agreement shall be deemed a qualified Medicare set-aside if the Medicare set-aside amount involved is the safe harbor amount for the agreement and the agreement does not exceed $250,000. (ii) Written consent A safe harbor amount, with respect to a workers’ compensation agreement, shall be treated as the Medicare set-aside amount for such agreement for purposes of clause (i) only upon written consent of all parties to the agreement. (iii) Safe harbor amount defined For purposes of this subsection, the term safe harbor amount means, with respect to a workers’ compensation settlement agreement, 15 percent of the total settlement amount of the agreement (as determined under subsection (p)(2)), excluding repayment of conditional payments and previously settled portions of the claim involved. In applying the previous sentence for purposes of determining the safe harbor amount, with respect to a workers’ compensation agreement, if the agreement includes an annuity, the cost (but not the payout of the annuity) shall be included in determining the total settlement amount of the agreement. (iv) Mandatory direct payment of safe harbor amount A Medicare set-aside of a worker’s compensation settlement agreement described in this paragraph may not be treated as a qualified set-aside under clause (i) unless an election is made under paragraph (5)(A) to transfer to the Secretary a direct payment of such set-aside. (E) Secretarial authority with respect to deemed qualified Medicare set-asides with safe harbor amount (i) Determination If the Secretary determines, based on the data described in clause (ii), that the provisions of subparagraph (D) have caused a significant negative financial impact (as specified by the Chief Actuary of the Centers for Medicare & Medicaid Services) on the Federal Hospital Insurance Trust Fund under section 1817 or the Federal Supplementary Medical Insurance Trust Fund under section 1841, then the Secretary shall adopt rules to reduce such impact by modifying the amount of the percent described in subparagraph (D)(iii). (ii) Required data The determination under clause (i) shall be based on data on— (I) the projected effect of the provisions described in such paragraph on the Federal Hospital Insurance Trust Fund under section 1817 or the Federal Supplementary Medical Insurance Trust Fund under section 1841 during the three-year period beginning on the date of the enactment of this subsection; as compared to (II) data on the effect on such trust funds of the provisions of subsection (b), as in effect during the three-year period prior to such date of enactment. (3) Process for approval of qualified medicare set-asides (A) Optional prior approval by Secretary A party to a workers’ compensation settlement agreement that includes a Medicare set-aside may submit to the Secretary the Medicare set-aside amount for approval of the set-aside as a qualified Medicare set-aside. The set-aside shall be submitted in accordance with a procedure specified by the Secretary. (B) Notice of determination of approval or disapproval Not later than 60 days after the date on which the Secretary receives a submission under subparagraph (A), the Secretary shall notify in writing the parties to the workers’ compensation settlement agreement of the determination of approval or disapproval. If the determination disapproves such submission the Secretary shall include with such notification the specific reasons for the disapproval. A determination that disapproves a submission is not valid if the determination does not include a specific explanation of each deficiency of the submission. (4) Appeals (A) In general A party to a workers’ compensation settlement agreement that is dissatisfied with a determination under paragraph (3)(B), upon filing a request for reconsideration with the Secretary not later than 60 days after the date of notice of such determination, shall be entitled to— (i) reconsideration of the determination by the Secretary (with respect to such determination); (ii) a hearing before an administrative judge thereon after such reconsideration; and (iii) judicial review of the Secretary’s final determination after such hearing. (B) Deadlines for decisions (i) Reconsiderations (I) In general The Secretary shall conduct and conclude a reconsideration of a determination under subparagraph (A)(i) and mail the notice of the decision of such reconsideration to the party involved by not later than the last day of the 30-day period beginning on the date that a request for such reconsideration has been timely filed. (II) Appeals of reconsiderations If a party to the workers’ compensation settlement involved is dissatisfied with the Secretary’s decision under subclause (I) that party may file an appeal within the 30-day period after the date of receipt of the notice of the decision under such subclause and request a hearing before an administrative law judge. (III) Failure by secretary to provide notice In the case of a failure by the Secretary to mail the notice of the decision under subclause (I) by the last day of the period described in such subclause, the Secretary shall be deemed to have approved the submission as submitted under paragraph (3)(A). (ii) Hearings (I) In general An administrative law judge shall conduct and conclude a hearing on a decision of the Secretary under clause (i) and render a decision on such hearing by not later than the last day of the 90-day period beginning on the date that a request for such hearing has been timely filed. (II) Judicial review A decision under subclause (I) by an administrative law judge constitutes a final agency action and is subject to judicial review. (III) Failure by administrative law judge to render timely decision In the case of a failure by an administrative law judge to render a decision under subclause (I) by the last day of the period described in such subclause, the party requesting the hearing may seek judicial review of the decision under clause (i), notwithstanding any requirements for a hearing for purposes of the party’s right to such judicial review. (5) Administration of medicare set-aside provisions; protection from certain liability (A) Optional direct payment of medicare set-aside amount (i) Election for direct payment of medicare set-aside With respect to a claim for which a workers’ compensation settlement agreement is established, a claimant or workers’ compensation payer who is party to the agreement may elect, but is not required, to transfer to the Secretary a direct payment of the qualified Medicare set-aside. With respect to a qualified Medicare set-aside paid directly to the Secretary, the parties involved may calculate the Medicare set-aside amount of such set-aside using any of the following methods: (I) In the case of any Medicare set-aside of a compromise settlement agreement under paragraph (2)(C)(ii), the amount calculated in accordance with such paragraph. (II) In the case of any Medicare set-aside, the amount based upon the payment amount for items and services under the workers’ compensation fee schedule (effective as of the date of the agreement) applicable to the workers’ compensation law or plan involved, in accordance with paragraph (2)(C)(i)(I). (III) In the case of any Medicare set-aside, the payment amount applicable to the items and services under this title as in effect on the effective date of the agreement. Such transfer shall be in accordance with a procedure established by the Secretary and shall be made only upon written consent of the other party to the agreement. (ii) Election satisfying liability An election made under clause (i), with respect to a qualified Medicare set-aside shall satisfy any payment, in relation to the underlying claim of the related workers’ compensation settlement agreement, required under subsection (b)(2) to be made by the claimant or payer to the Secretary. The Secretary shall have no further recourse, directly or indirectly, under this title with respect to such agreement. (B) Protection from certain liability (i) Liability for medicare set-aside payment greater than payment under workers’ compensation law No workers’ compensation claimant, workers’ compensation payer, employer, administrator of the Medicare set-aside, legal representative of the claimant, payer, employer, or administrator, or any other party related to the claimant, payer, employer, or administrator shall be liable for any payment amount established under a Medicare set-aside for an item or service provided to the claimant that is greater than the payment amount for the item or service established under the workers’ compensation fee schedule (or in the absence of such schedule, the medical reimbursement rate) under the compensation law or plan of the jurisdiction where the agreement will be effective. (ii) Liability for provider charges greater than payment under workers’ compensation agreement With respect to a workers’ compensation settlement agreement, a provider may not bill (or collect any amount from) the workers’ compensation claimant, workers’ compensation payer, employer, administrator of the Medicare set-aside, legal representative of the claimant, payer, employer, or administrator, or any other party related to the claimant, payer, employer, or administrator an amount for items and services provided to the claimant that is greater than the payment rate for such items and services established under the Medicare set-aside of the agreement. No person is liable for payment of any amounts billed for an item or service in violation of the previous sentence. If a provider willfully bills (or collects an amount) for such an item or service in violation of such sentence, the Secretary may apply sanctions against the provider in accordance with section 1842(j)(2) in the same manner as such section applies with respect to a physician. Paragraph (4) of section 1842(j) shall apply under this clause in the same manner as such paragraph applies under such section. (6) Treatment of State workers’ compensation law For purposes of this subsection and subsection (p), if a workers’ compensation settlement agreement is accepted, reviewed, approved, or otherwise finalized in accordance with the workers’ compensation law of the jurisdiction in which such agreement will be effective, such acceptance, review, approval, or other finalization shall be deemed conclusive as to any and all matters within the jurisdiction of the workers’ compensation law, including the determination of reasonableness of the settlement value; any allocations of settlement funds; the projection of future indemnity or medical benefits that may be payable under the State workers’ compensation law; and, in the case of a compromise agreement, the total amount that could have been payable for a claim which is the subject of such agreement in accordance with paragraph (2)(C)(ii). A determination made by applicable authority for a jurisdiction that a workers’ compensation settlement agreement is in accordance with the workers’ compensation law of the jurisdiction shall not be subject to review by the Secretary. . (c) Conforming amendments Subsection (b) of such section is further amended— (1) in paragraph (2)(B)(ii), by striking A primary plan and inserting Subject to subsections (p) and (q), a primary plan ; (2) in paragraph (2)(B)(iii)— (A) in the first sentence, by striking In order to recover payment and inserting Subject to subsection (q), in order to recover payment ; and (B) in the third sentence, by striking In addition and inserting Subject to subsection (q), in addition ; and (3) in paragraph (3)(A), by striking There is established a private cause of action and inserting Subject to subsection (q), there is established a private cause of action . (d) Modernizing terminology for purposes of medicare secondary payer provisions Subsection (b)(2)(A) of such section is amended by striking workmen’s compensation law or plan and inserting workers’ compensation law or plan each place it appears. 3. Limitation on liability The parties to a workers’ compensation settlement agreement which met the provisions of section 1862(b) of the Social Security Act ( 42 U.S.C. 1395y(b) ) on the effective date of settlement shall be accepted as meeting the requirements of such section notwithstanding changes in law, regulations, or administrative interpretation of such provisions after the effective date of such settlement. Nothing in section 1862(b) of the Social Security Act ( 42 U.S.C. 1395y(b) ) shall authorize the Secretary of Health and Human Services to impose liability that is additional to the liability in effect on the date of the enactment of this Act with respect to a workers’ compensation settlement agreement the effective date of which is before such date of enactment, except in the case of fraud. 4. Effective date The amendments made by this Act shall apply to a workers’ compensation settlement agreement with an effective date on or after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1982ih/xml/BILLS-113hr1982ih.xml

113-hr-1983

I 113th CONGRESS 1st Session H. R. 1983 IN THE HOUSE OF REPRESENTATIVES May 15, 2013 Mr. Royce (for himself and Ms. Bass ) introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committees on Agriculture , Transportation and Infrastructure , and Armed Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Food for Peace Act to reform the food assistance programs under that Act, and for other purposes. 1. Short title This Act may be cited as the Food Aid Reform Act . I Amendments to the Food for Peace Act 101. Food aid to developing countries Section 3(b)(1)(C) of the Food for Peace Act ( 7 U.S.C. 1691a(b)(1)(C) ) is amended— (1) by striking , provision of funds and inserting and provision of funds ; and (2) by striking , and monetization of commodities, . 102. Emergency and private assistance programs (a) In general Title II of the Food for Peace Act is amended as follows: (1) In the title heading, by striking and private . (2) In section 201 ( 7 U.S.C. 1721 )— (A) in the matter preceding paragraph (1), by striking agricultural commodities and inserting assistance, including agricultural commodities, ; and (B) in paragraph (4), by inserting inclusive and sustainable after promote . (3) In section 202 (7 U.S.C. 1722)— (A) in the section heading, by striking agricultural commodities and inserting emergency assistance ; (B) in subsection (a), by striking agricultural commodities and inserting assistance, including agricultural commodities, ; (C) by striking subsections (b), (c), (d), and (e); and (D) in subsection (h)(3)— (i) by striking section 207(f) and inserting section 207 ; and (ii) by striking fiscal years 2009 through 2011 and inserting fiscal years 2014 through 2018 . (4) By striking section 203 (7 U.S.C. 1723). (5) By striking section 204 (7 U.S.C. 1724). (6) In section 205 ( 7 U.S.C. 1725 )— (A) in subsection (a), by striking that may involve eligible organizations described in section 202(d)(1) ; and (B) in subsection (f), by striking December 31, 2012 and inserting September 30, 2018 . (7) In section 207(f) (7 U.S.C. 1726a(f))— (A) in paragraph (2)— (i) by striking subparagraph (D); and (ii) by redesignating subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively; and (B) in paragraph (3), by striking Food, Conservation, and Energy Act of 2008 and inserting Food Aid Reform Act . (8) In section 207 ( 7 U.S.C. 1726a )— (A) by striking subsections (a), (b), (c), (d), and (e); (B) in subsection (f)(2)— (i) by striking subparagraph (D); and (ii) by redesignating subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively; and (C) by adding at the end the following new subsection: (h) Applicability of administrative authorities under the Foreign Assistance Act of 1961 The administrative authorities contained in chapter 2 of part III of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2381 et seq. ) shall apply to programs carried out under this title to the same extent and in the same manner as such administrative authorities apply to programs carried out under such Act. . (b) Retroactive effective date The amendment made by paragraph (6)(B) shall take effect as of December 31, 2012. 103. General authorities and requirements (a) In general Title IV of the Food for Peace Act is amended as follows: (1) In section 402 (7 U.S.C. 1732)— (A) in paragraph (2)— (i) by striking produced in the United States ; and (ii) by striking the second sentence; and (B) in paragraph (3)— (i) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (ii) by inserting after subparagraph (A) the following new subparagraph: (B) the Committee on Foreign Relations of the Senate; . (2) In section 403(l)(1)(A) (7 U.S.C. 1733(l)(1)(A)), by striking titles I and II and inserting title I . (3) In section 404(c)(1) ( 7 U.S.C. 1734(c)(1) ), by striking eligible organizations and all that follows through under title II and inserting eligible organizations may be made available under titles I and III . (4) In section 406(a) ( 7 U.S.C. 1736(a) ), by inserting may make available funds and before may acquire . (5) In section 407(c) ( 7 U.S.C. 1736a )— (A) in paragraph (1), by striking subparagraph (B); (B) in paragraph (4)(A), by striking for fiscal years 2001 through 2012 ; and (C) in paragraph (5)— (i) in the heading, by striking Nonemergency or multiyear and inserting Multiyear ; and (ii) by striking for ongoing nonemergency or . (6) In section 408 ( 7 U.S.C. 1736b ), by striking December 31, 2012 and inserting September 30, 2018 . (b) Retroactive effective date The amendment made by paragraph (6) shall take effect as of December 31, 2012. 104. Effective date Except as otherwise provided in this title, the amendments made by this title shall take effect on the date of the enactment of this Act and shall apply with respect to the provision of assistance under title II of the Food for Peace Act (as so amended) beginning on the date that is 180 days after such date of enactment. II Cargo preferences 201. Cargo preferences (a) Exemption Section 55313 of title 46, United States Code, is amended— (1) by striking Sections 55304 and 55305 of this title do not apply and inserting the following: (a) In general Sections 55304 and 55305 of this title do not apply ; and (2) by adding at the end the following: (b) Additional exempted activities In addition to the exemption under subsection (a) and notwithstanding any other provision of law, sections 55304 and 55305 of this title do not apply to activities carried out under title II of the Food for Peace Act (7 U.S.C. 1721 et seq.). . (b) Conforming amendment Section 55314(b)(1) of title 46, United States Code, is amended by inserting , except for activities carried out under title II of that Act before the semicolon.

https://www.govinfo.gov/content/pkg/BILLS-113hr1983ih/xml/BILLS-113hr1983ih.xml

113-hr-1984

I 113th CONGRESS 1st Session H. R. 1984 IN THE HOUSE OF REPRESENTATIVES May 15, 2013 Mr. Lance (for himself and Mrs. Christensen ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to raise awareness of, and to educate breast cancer patients anticipating surgery, especially patients who are members of racial and ethnic minority groups, regarding the availability and coverage of breast reconstruction, prostheses, and other options. 1. Short title This Act may be cited as the Breast Cancer Patient Education Act of 2013 . 2. Findings Congress makes the following findings: (1) The American Cancer Society estimates that in 2013, about 232,340 new cases of breast cancer will be diagnosed in American women. (2) Breast cancer has a disproportionate and detrimental impact on African-American women and is the most common cancer among Hispanic women. (3) African-American women under the age of 40 have a greater incidence of breast cancer than Caucasian women of the same age. (4) According to the Health Resources and Services Administration, women residing in rural areas may have lower rates of mammography screening compared to non-rural women because of barriers to health care, such as greater distances to medical facilities and lower educational, income, and health insurance levels. (5) Individuals undergoing surgery for breast cancer should have the opportunity to give due consideration to the option of breast reconstructive surgery, either at the same time as the breast cancer surgery or at a later date. (6) According to the American Cancer Society, immediate breast reconstruction offers the advantage of combining the breast cancer surgery with the reconstructive surgery and is cost effective, while delayed breast reconstruction may be advantageous in women who require post-surgical radiation or other treatments. (7) A woman who has had a breast removed may not be a candidate for surgical breast reconstruction or may choose not to undergo additional surgery and instead choose breast prostheses. (8) The Women’s Health and Cancer Rights Act of 1998 (WHCRA; Public Law 105–277 ) requires health plans that offer medical and surgical benefits with respect to a mastectomy to also provide coverage for all stages of reconstruction of the breast on which the mastectomy has been performed, surgery and reconstruction of the other breast to produce a symmetrical appearance, prostheses, and physical complications of mastectomy, including lymphedemas. (9) A 2007 study by Amy Alderman, M.D. at the University of Michigan reported that up to 70 percent of women eligible for breast reconstruction are not informed of their reconstructive options by their general surgeon. (10) A 2003 study by Alderman and others found that race is a significant predictor of reconstruction. Compared with the odds of reconstruction for Caucasians, the odds of reconstruction for African-Americans, Hispanics, and Asians are significantly less. (11) A 2007 study by Caprice Greenberg, M.D. of the Dana–Farber Cancer Institute and others found that Hispanic patients were less likely to receive reconstruction. This may be because of language barriers between the patient and provider. Although 72 percent of patients who primarily spoke English went on to receive reconstruction after discussing it with their providers, no patient in the study with a primary language other than English went on to receive reconstruction. (12) A 2009 study by Alderman and others also found that the relationship between race and reconstruction rates persisted when demographic and clinical factors were controlled for. Minority women are significantly less likely than Caucasians to see a plastic surgeon before initial surgery, were most likely to desire more information about reconstruction, and satisfaction was lowest among minority women without reconstruction. (13) The low use of reconstruction for minorities is not explained by lower demand for the procedure. Lower health literacy, financial issues, and less access to plastic surgeons emerged as barriers to reconstruction in the 2009 Alderman study. These results suggest that there is a substantial unmet need for information, especially among racial and ethnic minority groups regarding reconstruction options and coverage required by the Women's Health and Cancer Rights Act of 1998. (14) A 2010 study by Warren H. Tseng, M.D. and others at the University of California, Davis found that patients from rural areas are less likely to undergo breast reconstruction following mastectomy for breast cancer than their urban counterparts. 3. Breast reconstruction education Part V of title III of the Public Health Service Act ( 42 U.S.C. 280m ; programs relating to breast health and cancer) is amended by adding at the end the following: 399NN–1. Breast reconstruction education (a) In general The Secretary shall provide for the planning and implementation of an education campaign to inform breast cancer patients anticipating surgery regarding the availability and coverage of breast reconstruction, prostheses, and other options, with a focus on informing patients who are members of racial and ethnic minority groups. (b) Information To Be disseminated (1) Specific information Such campaign shall include dissemination of the following information: (A) Breast reconstruction is possible at the time of breast cancer surgery, or at a later time. (B) Prostheses or breast forms may be available. (C) Federal law mandates both public and private health plans to include coverage of breast reconstruction and prostheses. (D) The patient has a right to choose a provider of reconstructive care, including the potential transfer of care to a surgeon that provides breast reconstructive care. (E) The patient may opt to undergo breast reconstruction some time after the time of breast cancer surgery for personal or medical reasons, during treatment or after completion of all other breast cancer treatments. (2) Other information In addition to the information described in paragraph (1), such campaign may include dissemination of such other information (whether developed by the Secretary or by other entities) as the Secretary determines relevant. (3) Required publication The information required to be disseminated under paragraph (1) and any information disseminated in accordance with paragraph (2) shall be posted on the Internet Web sites of relevant Federal agencies, including the Office of Women’s Health, the Office of Minority Health, and the Office of Rural Health Policy. (4) Restriction Such campaign shall not specify, or be designed to serve as a tool to limit, the health care providers available to patients. (c) Consultation In developing the information to be disseminated under this section, the Secretary shall consult with appropriate medical societies and patient advocates related to breast cancer, breast reconstructive surgery, breast prostheses, and breast forms and with patient advocates representing racial and ethnic minority groups with a special emphasis on African-American and Hispanic populations. (d) Definitions In this section, the terms racial and ethnic minority group and Hispanic have the meanings given such terms in section 1707. (e) Report Not later than 2 years after date of enactment of the Breast Cancer Patient Education Act of 2013 and every 2 years thereafter, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the activities carried out under this section during the preceding 2 fiscal years, which shall include an evaluation of the extent to which such activities have been effective in improving the health and well-being of racial and ethnic minority groups. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1984ih/xml/BILLS-113hr1984ih.xml

113-hr-1985

I 113th CONGRESS 1st Session H. R. 1985 IN THE HOUSE OF REPRESENTATIVES May 15, 2013 Mr. Lance (for himself, Mr. Dent , Mr. Duncan of South Carolina , Mr. Frelinghuysen , Mr. Grimm , Mr. Hanna , Mr. Harris , Mr. Jones , Mr. Runyan , Mr. Smith of New Jersey , Mr. Welch , Mr. Wilson of South Carolina , and Mr. King of New York ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the National Oilheat Research Alliance Act of 2000 to reauthorize and improve that Act, and for other purposes. 1. Short title This Act may be cited as the Oilheat Efficiency, Renewable Fuel Research and Jobs Training Act of 2013 . 2. Findings and purposes Section 702 of the National Oilheat Research Alliance Act of 2000 ( 42 U.S.C. 6201 note; Public Law 106–469) is amended— (1) in paragraph (4), by striking and after the semicolon at the end; (2) by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (6) consumers of oilheat fuel are provided service by thousands of small businesses that are unable to individually develop training programs to facilitate the entry of new and qualified workers into the oilheat fuel industry; (7) small businesses and trained employees are in an ideal position— (A) to provide information to consumers about the benefits of improved efficiency; and (B) to encourage consumers to value efficiency in energy choices and assist individuals in conserving energy; (8) additional research is necessary— (A) to improve oilheat fuel equipment; and (B) to develop domestic renewable resources that can be used to safely and affordably heat homes; (9) since there are no Federal resources available to assist the oilheat fuel industry, it is necessary and appropriate to develop a self-funded program dedicated— (A) to improving efficiency in customer homes; (B) to assist individuals to gain employment in the oilheat fuel industry; and (C) to develop domestic renewable resources; (10) both consumers of oilheat fuel and retailers would benefit from the self-funded program; and (11) the oilheat fuel industry is committed to providing appropriate funding necessary to carry out the purposes of this title without passing additional costs on to residential consumers. . 3. Definitions (a) In general Section 703 of the National Oilheat Research Alliance Act of 2000 ( 42 U.S.C. 6201 note; Public Law 106–469) is amended— (1) by redesignating paragraphs (3) through (15) as paragraphs (4) through (16), respectively; (2) by inserting after paragraph (2) the following: (3) Cost-effective The term cost-effective , with respect to a program or activity carried out under section 707(f)(4), means that the program or activity meets a total resource cost test under which— (A) the net present value of economic benefits over the life of the program or activity, including avoided supply and delivery costs and deferred or avoided investments; is greater than (B) the net present value of the economic costs over the life of the program or activity, including program costs and incremental costs borne by the energy consumer. ; and (3) by striking paragraph (8) (as redesignated in paragraph (1)) and inserting the following: (8) Oilheat fuel The term oilheat fuel means fuel that— (A) is— (i) No. 1 distillate; (ii) No. 2 dyed distillate; (iii) a liquid blended with No. 1 distillate or No. 2 dyed distillate; or (iv) a biobased liquid; and (B) is used as a fuel for nonindustrial commercial or residential space or hot water heating. . (b) Conforming amendments (1) The National Oilheat Research Alliance Act of 2000 ( 42 U.S.C. 6201 note; Public Law 106–469 ) is amended by striking oilheat each place it appears and inserting oilheat fuel . (2) Section 704(d) of the National Oilheat Research Alliance Act of 2000 ( 42 U.S.C. 6201 note; Public Law 106–469) is amended in the subsection heading by striking oilheat and inserting oilheat fuel . (3) Section 706(c)(2) of the National Oilheat Research Alliance Act of 2000 ( 42 U.S.C. 6201 note; Public Law 106–469 ) is amended in the paragraph heading by striking oilheat and inserting oilheat fuel . (4) Section 707(c) of the National Oilheat Research Alliance Act of 2000 ( 42 U.S.C. 6201 note; Public Law 106–469) is amended in the subsection heading by striking oilheat and inserting oilheat fuel . 4. Membership (a) Selection Section 705 of the National Oilheat Research Alliance Act of 2000 ( 42 U.S.C. 6201 note; Public Law 106–469 ) is amended by striking subsection (a) and inserting the following: (a) Selection (1) List (A) In general The Alliance shall provide to the Secretary a list of qualified nominees for membership in the Alliance. (B) Requirement Except as provided in subsection (c)(1)(C), members of the Alliance shall be representatives of the oilheat fuel industry in a State, selected from a list of nominees submitted by the qualified State association in the State. (2) Vacancies A vacancy in the Alliance shall be filled in the same manner as the original selection. (3) Secretarial action (A) In general The Secretary shall have 60 days to review nominees provided under paragraph (1). (B) Failure to Act If the Secretary takes no action during the 60-day period described in subparagraph (A), the nominees shall be considered to be members of the Alliance. . (b) Representation Section 705(b) of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106–469 ) is amended in the matter preceding paragraph (1) by striking qualified industry organization and inserting Alliance . (c) Number of members Section 705(c) of the National Oilheat Research Alliance Act of 2000 ( 42 U.S.C. 6201 note; Public Law 106–469 ) is amended— (1) by striking paragraph (1) and inserting the following: (1) In general The Alliance shall be composed of the following members: (A) 1 member representing each State participating in the Alliance. (B) 5 representatives of retail marketers, of whom 1 shall be selected by each of the qualified State associations of the 5 States with the highest volume of annual oilheat fuel sales. (C) 5 additional representatives of retail marketers. (D) 21 representatives of wholesale distributors. (E) 6 public members, who shall be representatives of significant users of oilheat fuel, the oilheat fuel research community, State energy officials, or other groups with expertise in oilheat fuel, including consumer and low-income advocacy groups. ; and (2) in paragraph (2), by striking the qualified industry organization or . 5. Functions (a) Renewable fuel research Section 706(a)(3)(B)(i)(I) of the National Oilheat Research Alliance Act of 2000 ( 42 U.S.C. 6201 note; Public Law 106–469 ) is amended by inserting before the semicolon at the end the following: , including research to develop renewable fuels and to examine the compatibility of different renewable fuels with oilheat fuel utilization equipment, with priority given to research on the development and use of advanced biofuels . (b) Biennial budgets Section 706(e) of the National Oilheat Research Alliance Act of 2000 ( 42 U.S.C. 6201 note; Public Law 106–469 ) is amended— (1) by striking paragraph (1) and inserting the following: (1) Publication of proposed budget Not later than August 1, 2013, and every 2 years thereafter, the Alliance shall, in consultation with the Secretary, develop and publish for public review and comment a proposed biennial budget for the next 2 calendar years, including the probable operating and planning costs of all programs, projects, and contracts and other agreements. ; and (2) by striking paragraph (4) and inserting the following: (4) Implementation (A) In general The Alliance shall not implement a proposed budget until the expiration of 60 days after submitting the proposed budget to the Secretary. (B) Recommendations for changes by Secretary (i) In general The Secretary may recommend to the Alliance changes to the budget programs and activities of the Alliance that the Secretary considers appropriate. (ii) Response by alliance Not later than 30 days after the receipt of any recommendations made under clause (i), the Alliance shall submit to the Secretary a final budget for the next 2 calendar years that incorporates or includes a description of the response of the Alliance to any changes recommended under clause (i). . 6. Assessments (a) In general Section 707 of the National Oilheat Research Alliance Act of 2000 ( 42 U.S.C. 6201 note; Public Law 106–469) is amended— (1) by striking subsection (a) and inserting the following: (a) Rate (1) In general The assessment rate for calendar years 2013 and 2014 shall be equal to 2/10 of 1 cent per gallon of oilheat fuel. (2) Subsequent assessments Subject to paragraph (3), effective beginning with calendar year 2015, the annual assessment rate shall be sufficient to cover the costs of the plans and programs developed by the Alliance. (3) Limitations on increase (A) In general The annual assessment shall not exceed 1/2 of 1 cent per gallon of oilheat fuel. (B) Limitation The annual assessment may not change by more than 1/10 of 1 cent per gallon of oilheat fuel in any 12 month-period. (C) Approval No increase in the assessment may occur unless— (i) the increase is approved by 3/4 of the members voting at a regularly scheduled meeting of the Alliance; and (ii) at least 90 days before the date of the meeting of the Alliance, the Alliance provides notice of the proposed increase to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives. ; and (2) in subsection (b), by adding at the end the following: (8) Prohibition on pass through None of the assessments collected under this title may be passed through or otherwise required to be paid by residential consumers of oilheat fuel. . (b) Funds made available to qualified State associations Section 707(e)(2) of the National Oilheat Research Alliance Act of 2000 ( 42 U.S.C. 6201 note; Public Law 106–469 ) is amended by adding at the end the following: (B) Separate accounts As a condition of receipt of funds made available to a qualified State association under this title, the qualified State association shall deposit the funds in an account that is separate from other funds of the qualified State association. . (c) Administration Section 707 of the National Oilheat Research Alliance Act of 2000 ( 42 U.S.C. 6201 note; Public Law 106–469 ) is amended by adding at the end the following: (f) Use of Assessments (1) In general Notwithstanding any other provision of this title, the Secretary and the Alliance shall ensure that assessments collected for each calendar year under this title are allocated and used in accordance with this subsection. (2) Research, development, and demonstration (A) In general The Alliance shall ensure that not less than 30 percent of the assessments collected for each calendar year under this title are used by qualified State associations or the Alliance to conduct research, development, and demonstration activities relating to oilheat fuel, including the development of energy-efficient heating and the transition and facilitation of the entry of energy efficient heating systems into the marketplace. (B) Coordination The Alliance shall coordinate with the Secretary to develop priorities for the use of assessments under this paragraph. (C) Plan The Alliance shall develop a coordinated research plan to carry out research programs and activities under this section. (D) Report (i) In general No later than 1 year after date of enactment of this subsection, the Alliance shall prepare a report on the use of biofuels in oilheat fuel utilization equipment. (ii) Contents The report required under clause (i) shall— (I) provide information on the environmental benefits, economic benefits, and any technical limitations on the use of biofuels in oilheat fuel utilization equipment; and (II) describe market acceptance of the fuel, and information on State and local governments that are encouraging the use of biofuels in oilheat fuel utilization equipment. (iii) Copies The Alliance shall submit a copy of the report required under clause (i) to— (I) Congress; (II) the Governor of each State, and other appropriate State leaders, in which the Alliance is operating; and (III) the Administrator of the Environmental Protection Agency. (E) Consumer education materials The Alliance, in conjunction with an institution or organization engaged in biofuels research, shall develop consumer education materials describing the benefits of using biofuels as or in oilheat fuel based on the technical information developed in the report required under subparagraph (D) and other information generally available. (3) Cost sharing (A) In general In carrying out a research, development, demonstration, or commercial application program or activity that is commenced after the date of enactment of this subsection, the Alliance shall require cost-sharing in accordance with this section. (B) Research and development (i) In general Except as provided in clauses (ii) and (iii), the Alliance shall require that not less than 20 percent of the cost of a research or development program or activity described in subparagraph (A) to be provided by a source other than the Alliance. (ii) Exclusion Clause (i) shall not apply to a research or development program or activity described in subparagraph (A) that is of a basic or fundamental nature, as determined by the Alliance. (iii) Reduction The Alliance may reduce or eliminate the requirement of clause (i) for a research and development program or activity of an applied nature if the Alliance determines that the reduction is necessary and appropriate. (C) Demonstration and commercial application The Alliance shall require that not less than 50 percent of the cost of a demonstration or commercial application program or activity described in subparagraph (A) to be provided by a source other than the Alliance. (4) Heating oil efficiency and upgrade program (A) In general The Alliance shall ensure that not less than 15 percent of the assessments collected for each calendar year under this title are used by qualified State associations or the Alliance to carry out programs to assist consumers— (i) to make cost-effective upgrades to more fuel efficient heating oil systems or otherwise make cost-effective modifications to an existing heating system to improve the efficiency of the system; (ii) to improve energy efficiency or reduce energy consumption through cost-effective energy efficiency programs for consumers; or (iii) to improve the safe operation of a heating system. (B) Plan The Alliance shall, to the maximum extent practicable, coordinate, develop, and implement the programs and activities of the Alliance in conjunction with existing State energy efficiency program administrators. (C) Administration (i) In general In carrying out this paragraph, the Alliance shall, to the maximum extent practicable, ensure that heating system conversion assistance is coordinated with, and developed after consultation with, persons or organizations responsible for administering— (I) the low-income home energy assistance program established under the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8621 et seq. ); (II) the Weatherization Assistance Program for Low-Income Persons established under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.); or (III) other energy efficiency programs administered by the State or other parties in the State. (ii) Distribution of funds The Alliance shall ensure that funds distributed to carry out this paragraph are— (I) distributed equitably to States based on the proportional contributions of the States through collected assessments; (II) used to supplement (and not supplant) State or alternative sources of funding for energy efficiency programs; and (III) used only to carry out this paragraph. (5) Consumer education, safety, and training The Alliance shall ensure that not more than 30 percent of the assessments collected for each calendar year under this title are used— (A) to conduct consumer education activities relating to oilheat fuel, including providing information to consumers on— (i) energy conservation strategies; (ii) safety; (iii) new technologies that reduce consumption or improve safety and comfort; (iv) the use of biofuels blends; and (v) Federal, State, and local programs designed to assist oilheat fuel consumers; (B) to conduct worker safety and training activities relating to oilheat fuel, including energy efficiency training (including classes to obtain Building Performance Institute or Residential Energy Services Network certification); (C) to carry out other activities recommended by the Secretary; or (D) to the maximum extent practicable, a data collection process established, in collaboration with the Secretary or other appropriate Federal agencies, to track equipment, service, and related safety issues and to develop measures to improve safety. (6) Administrative costs (A) In general The Alliance shall ensure that not more than 5 percent of the assessments collected for each calendar year under this title are used for— (i) administrative costs; or (ii) indirect costs incurred in carrying out paragraphs (1) through (5). (B) Administration Activities under this section shall be documented pursuant to a transparent process and procedures developed in coordination with the Secretary. (7) Reports (A) Annual reports (i) In general Each qualified State association or the Alliance shall prepare an annual report describing he development and administration of this section, and yearly expenditures under this section. (ii) Contents Each report required under clause (i) shall include a description of the use of proceeds under this section, including a description of— (I) advancements made in energy-efficient heating systems and biofuel heating oil blends; and (II) heating system upgrades and modifications and energy efficiency programs funded under this section. (iii) Verification (I) In general The Alliance shall ensure that an independent third-party reviews each report described in clause (i) and verifies the accuracy of the report. (II) Councils If a State has a stakeholder efficiency oversight council, the council shall be the entity that reviews and verifies the report of the State association or Alliance for the State under clause (i). (B) Reports on heating oil efficiency and upgrade program At least once every 3 years, the Alliance shall prepare a detailed report describing the consumer savings, cost-effectiveness of, and the lifetime and annual energy savings achieved by heating system upgrades and modifications and energy efficiency programs funded under paragraph (4). (C) Availability Each report, and any subsequent changes to the report, described in this paragraph shall be made publically available, with notice of availability provided to the Secretary, and posted on the website of the Alliance. . 7. Market survey and consumer protection Section 708 of the National Oilheat Research Alliance Act of 2000 ( 42 U.S.C. 6201 note; Public Law 106–469 ) is repealed. 8. Lobbying restrictions Section 710 of the National Oilheat Research Alliance Act of 2000 ( 42 U.S.C. 6201 note; Public Law 106–469) is amended— (1) by striking No funds and inserting the following: (a) In general No funds ; (2) by inserting or to lobby after elections ; and (3) by adding at the end the following: (b) Assessments (1) In general Subject to paragraph (2), no funds derived from assessments collected by the Alliance under section 707 shall be used, directly or indirectly, to influence Federal, State, or local legislation or elections, or the manner of administering of a law. (2) Information The Alliance may use funds described in paragraph (1) to provide information requested by a Member of Congress, or an official of any Federal, State, or local agency, in the course of the official business of the Member or official. . 9. Noncompliance Section 712 of the National Oilheat Research Alliance Act of 2000 ( 42 U.S.C. 6201 note; Public Law 106–469 ) is amended by adding at the end the following: (g) Noncompliance If the Alliance, a qualified State association, or any other entity or person violates this title, the Secretary shall— (1) notify Congress of the noncompliance; and (2) provide notice of the noncompliance on the Alliance website. . 10. Sunset Section 713 of the National Oilheat Research, Consumer Education, and Efficiency Act of 2011 ( 42 U.S.C. 6201 note; Public Law 106–469 ) is amended by striking 9 years and inserting 19 years .

https://www.govinfo.gov/content/pkg/BILLS-113hr1985ih/xml/BILLS-113hr1985ih.xml

113-hr-1986

I 113th CONGRESS 1st Session H. R. 1986 IN THE HOUSE OF REPRESENTATIVES May 15, 2013 Mr. Lipinski (for himself, Mr. Fortenberry , Mrs. Hartzler , and Ms. Speier ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To provide for the assignment of Sexual Assault Nurse Examiners-Adult/Adolescent to brigades and equivalent units of the Armed Forces. 1. Short title This Act may be cited as the Sexual Assault Nurse Examiner Deployment Act or SANE Deployment Act . 2. Sexual Assault Nurse Examiners-Adult/Adolescent (a) Assignment to certain military units Section 584 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 10 U.S.C. 1561 note) is amended— (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following new subsection (c): (c) Sexual Assault Nurse Examiners-Adult/Adolescent (1) Assignment requirements The Secretary of each military department shall assign at least one Sexual Assault Nurse Examiner-Adult/Adolescent to each brigade or equivalent unit level of each armed force under the jurisdiction of that Secretary unless assignment to other units is determined to be more practicable and effective by the Secretary of Defense. The Secretary of the military department concerned may assign additional Sexual Assault Nurse Examiners-Adult/Adolescent as necessary based on the demographics or needs of a military unit. The Secretary of the military department concerned may waive the assignment requirement for a specific unit level if that Secretary determines that compliance will impose an undue burden, except that the Secretary shall notify Congress of each waiver and explain how compliance would impose an undue burden. (2) Eligible persons On and after October 1, 2015, only members of the armed forces and civilian employees of the Department of Defense may be assigned to duty as a Sexual Assault Nurse Examiner-Adult/Adolescent. The Secretary of the military department concerned may satisfy paragraph (1) through the assignment of additional personnel to a unit or by assigning the duties of a Sexual Assault Nurse Examiner-Adult/Adolescent to current personnel of the unit, so long as such personnel meet the training and certification requirements of subsection (d). . (b) Training and certification Subsection (d) of such section, as redesignated by subsection (a)(1), is amended— (1) in paragraph (1), by striking assigned under subsection (a) and Sexual Assault Victim Advocates assigned under subsection (b) and inserting , Sexual Assault Victim Advocates, and Sexual Assault Nurse Examiners-Adult/Adolescent assigned under this section ; (2) in paragraph (2), by adding at the end the following new sentence: In the case of the curriculum and other components of the program for certification of Sexual Assault Nurse Examiners-Adult/Adolescent, the Secretary of Defense shall consult with the Commission for Forensic Nursing Certification. ; and (3) in paragraph (3), by adding at the end the following new sentence: On and after October 1, 2015, before a member or civilian employee may be assigned to duty as a Sexual Assault Nurse Examiner-Adult/Adolescent under subsection (c), the member or employee must have completed the training program required by paragraph (1) and obtained the certification. . (c) Clerical amendment The heading of such section is amended to read as follows: 584. Sexual Assault Response Coordinators, Sexual Assault Victim Advocates, and Sexual Assault Nurse Examiners-Adult/Adolescent .

https://www.govinfo.gov/content/pkg/BILLS-113hr1986ih/xml/BILLS-113hr1986ih.xml

113-hr-1987

I 113th CONGRESS 1st Session H. R. 1987 IN THE HOUSE OF REPRESENTATIVES May 15, 2013 Ms. Sinema introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to increase the amount of benefits payable for the burial and funeral expenses of certain veterans. 1. Short title This Act may be cited as the Veterans’ Dignity and Honor Act . 2. Increase in amount of burial and funeral benefits for veterans (a) Funeral expenses Section 2302(a) of title 38, United States Code, is amended by striking $300 and inserting $1918 . (b) Plot allowance Section 2303(b) of such title is amended by striking $700 both places it appears and inserting $1150 . (c) Death from service-Connected disability Section 2307 of such title is amended by striking $2,000 and inserting $6160 . (d) Effective date The amendments made by this section shall apply with respect to deaths occurring after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1987ih/xml/BILLS-113hr1987ih.xml

113-hr-1988

I 113th CONGRESS 1st Session H. R. 1988 IN THE HOUSE OF REPRESENTATIVES May 15, 2013 Mr. Alexander (for himself and Mr. Connolly ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to provide authority for certain members of the Armed Forces to transfer entitlement to Post-9/11 Educational Assistance to their dependents. 1. Short title This Act may be cited as the Education Assistance to Realign New Eligibilities for Dependents (EARNED) Act of 2013 . 2. Authority of certain members of the Armed Forces who have served 20 years on active duty to transfer entitlement to Post-9/11 Educational Assistance to their dependents (a) Transfer authorized Section 3319(b) of title 38, United States Code, is amended— (1) in paragraph (1), by striking or ; (2) in paragraph (2), by striking the period and inserting ; or ; and (3) by adding at the end the following new paragraph: (3) any period of service in the Armed Forces, as of any date between September 11, 2001, and September 30, 2011, including at least 90 days of such service after September 10, 2001. . (b) Opportunity To transfer entitlement Notwithstanding any other provision of law, during the period beginning on the date of the enactment of this Act and ending on December 31, 2015, an individual who is entitled to educational assistance under chapter 33 of title 38, United States Code, and who completed any period of service in the Armed Forces and was discharged or released from such service under honorable conditions before September 30, 2011, may transfer all or part of the individual’s entitlement to an eligible dependent under section 3319 of title 38, United States Code. (c) Effective date The amendments made by this Act shall take effect as if included in the enactment of the Post-9/11 Veterans Educational Assistance Act of 2008 (title V of Public Law 110–252 ).

https://www.govinfo.gov/content/pkg/BILLS-113hr1988ih/xml/BILLS-113hr1988ih.xml

113-hr-1989

I 113th CONGRESS 1st Session H. R. 1989 IN THE HOUSE OF REPRESENTATIVES May 15, 2013 Mr. Alexander 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 require the Forest Service to accommodate, to the extent consistent with the management objectives and limitations applicable to the National Forest System lands at issue, individuals with mobility disabilities who need to use a power-driven mobility device for reasonable access to such lands. 1. Accommodation of access needs of individuals with mobility disabilities under Forest Service Travel Management Rule (a) Consideration of access needs of individuals with mobility disabilities The Secretary of Agriculture, acting through the Chief of the Forest Service, shall require Forest Service personnel, in implementing off-road vehicle management under the Forest Service Travel Management Rule, to endeavor to accommodate, to the extent consistent with the management objectives and limitations applicable to the National Forest System lands at issue, individuals with mobility disabilities who would need to use a power-driven mobility device for reasonable access to such lands. (b) Response to requests for access If, after receiving a request by or on behalf of an individual with mobility disabilities for permission to use a power-driven mobility device to access specific National Forest System lands, Forest Service personnel determine that use of such a power-driven mobility device is not appropriate given the management objectives and limitations applicable to the National Forest System lands at issue, the Forest Service personnel shall provide the individual with a written response containing an explanation of the reasons for the determination.

https://www.govinfo.gov/content/pkg/BILLS-113hr1989ih/xml/BILLS-113hr1989ih.xml

113-hr-1990

I 113th CONGRESS 1st Session H. R. 1990 IN THE HOUSE OF REPRESENTATIVES May 15, 2013 Mr. Price of Georgia introduced the following bill; which was referred to the Committee on Ways and Means A BILL To prohibit the Secretary of the Treasury from enforcing the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010. 1. Short title This Act may be cited as the Keep the IRS Off Your Health Care Act of 2013 . 2. Findings Congress finds the following: (1) On May 10, 2013, the Internal Revenue Service admitted that it singled out advocacy groups, based on ideology, seeking tax-exempt status. (2) This action raises pertinent questions about the agency’s ability to implement and oversee Public Law 111–48 and Public Law 111–52 . (3) This action could be an indication of future Internal Revenue Service abuses in relation to Public Law 111–48 and Public Law 111–52 given that it is their responsibility to enforce a key provision, the individual mandate. (4) Americans accept the principle that patients, families, and doctors should be making medical decisions, not the Federal Government. 3. Prohibiting enforcement of PPACA and HCERA The Secretary of the Treasury, or any delegate of the Secretary, shall not implement or enforce any provisions of or amendments made by Public Law 111–148 or 111–152.

https://www.govinfo.gov/content/pkg/BILLS-113hr1990ih/xml/BILLS-113hr1990ih.xml

113-hr-1991

I 113th CONGRESS 1st Session H. R. 1991 IN THE HOUSE OF REPRESENTATIVES May 15, 2013 Mr. Andrews introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To require the Secretary of Education to verify that individuals have made a commitment to serve in the Armed Forces or in public service, or otherwise are a borrower on an eligible loan which has been submitted to a guaranty agency for default aversion or is already in default, before such individuals obtain a consolidation loan for purposes specified under section 455(o) of the Higher Education Act of 1965. 1. Required verification Section 428C of the Higher Education Act of 1965 ( 20 U.S.C. 1078–3 ) is amended— (1) in subsection (a)(3)(B)(i)(V)(aa), by inserting before the period at the end the following: in a case in which the Secretary verifies that the individual is currently eligible for income contingent repayment or income-based repayment and that the loan(s) in question have been submitted to the guaranty agency for default aversion or if the loan is already in default ; (2) in subsection (a)(3)(B)(i)(V)(bb), by inserting before the period at the end the following: in a case in which the Secretary verifies with documentation that the individual is, at the time of the application, employed in a public service job, as that term is defined in section 455(m)(3) ; (3) in subsection (a)(3)(B)(i)(V)(cc), by inserting before the period at the end the following: in a case in which the Secretary verifies that the individual is a member of a regular or reserve component of the Armed Forces by contacting the Secretary of the military department or the Secretary of Homeland Security, as the case may be, having jurisdiction over the Armed Force in which the individual claims to be a member ; and (4) in subsection (b)(5), by inserting after the second sentence the following: In addition, the Secretary shall not offer any loans offered under this paragraph unless the Secretary has received verification described in subsection (a)(3)(B)(i)(V) (aa)–(cc), as applicable. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1991ih/xml/BILLS-113hr1991ih.xml

113-hr-1992

I 113th CONGRESS 1st Session H. R. 1992 IN THE HOUSE OF REPRESENTATIVES May 15, 2013 Mr. Collins of Georgia (for himself, Mr. Schneider , Mr. Royce , and Ms. Gabbard ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To amend the requirements relating to assessment of Israel’s qualitative military edge over military threats, and for other purposes. 1. Short title This Act may be cited as the Israel QME Enhancement Act . 2. Amendments to requirements relating to assessment of Israel’s qualitative military edge over military threats (a) Assessment required; reports Section 201 of Public Law 110–429 (122 Stat. 4843; 22 U.S.C. 2776 note) is amended— (1) in subsection (a), by striking an ongoing basis and inserting a biennial basis ; and (2) in subsection (c)(2)— (A) in the heading, by striking Quadrennial and inserting Biennial ; and (B) in the text, by striking Not later than four years after the date on which the President transmits the initial report under paragraph (1), and every four years thereafter, and inserting Not later than one year after the date of the enactment of the Israel QME Enhancement Act, and biennially thereafter, . (b) Report (1) In general Not later than 90 days after the date of the enactment of this Act, the President shall submit to Congress a report on criteria used to include cyber and asymmetric threats for purposes of the assessment required under section 201(a) of Public Law 110–429 (122 Stat. 4843; 22 U.S.C. 2776 note; relating to Israel’s qualitative military edge over military threats to Israel) (as amended by subsection (a)(1)). (2) Definition In this subsection, the term qualitative military edge has the meaning given the term in section 36(h) of the Arms Export Control Act ( 22 U.S.C. 2776(h) ).

https://www.govinfo.gov/content/pkg/BILLS-113hr1992ih/xml/BILLS-113hr1992ih.xml

113-hr-1993

I 113th CONGRESS 1st Session H. R. 1993 IN THE HOUSE OF REPRESENTATIVES May 15, 2013 Mr. Forbes introduced the following bill; which was referred to the Committee on Ways and Means A BILL To prohibit the Internal Revenue Service from hiring new employees to enforce the Federal Government’s invasion into the health care lives of American citizens. 1. Short title This Act may be cited as the Prevent IRS Overreach Act of 2013 . 2. Prohibition on IRS from hiring new employees to enforce Patient Protection and Affordable Care Act and Health Care and Education Reconciliation Act of 2010 No position within the Internal Revenue Service may be filled, by transfer or any other appointment taking effect on or after the date of enactment of this Act, if the duties and responsibilities of such position include the enforcement of any provision of, or amendment made by, the Patient Protection and Affordable Care Act or the Health Care and Education Reconciliation Act of 2010.

https://www.govinfo.gov/content/pkg/BILLS-113hr1993ih/xml/BILLS-113hr1993ih.xml

113-hr-1994

I 113th CONGRESS 1st Session H. R. 1994 IN THE HOUSE OF REPRESENTATIVES May 15, 2013 Mr. Harper introduced the following bill; which was referred to the Committee on House Administration A BILL To terminate the Election Assistance Commission. 1. Short title; findings (a) Short title This Act may be cited as the Election Assistance Commission Termination Act . (b) Findings Congress finds the following: (1) The Help America Vote Act of 2002 (HAVA) authorized annual appropriations of not more than $10,000,000 for the Election Assistance Commission (EAC) for fiscal years 2003, 2004, and 2005. Funding for additional years has not been authorized, and in fiscal year 2011 the EAC’s budget grew to nearly $18,000,000. (2) Between 2007 and 2011, the number of staff at the EAC grew from 26 to 48 without an increase in statutory responsibility. (3) 55 percent of the EAC’s fiscal year 2014 budget request is devoted to management costs, the third consecutive year for which management costs have exceeded one-half of the EAC’s budget. (4) The EAC has distributed more than $3.2 billion in election reform grants to the States. The most recent year for which appropriations for these grants were enacted or were requested in the President’s annual budget was fiscal year 2010. (5) The EAC last issued voluntary voting system guidelines in 2005. A total of 11 voting systems currently hold a certification from the EAC. (6) The research division of the EAC has substantially completed the reports required by HAVA. (7) The National Association of Secretaries of State adopted resolutions calling for the dissolution of the EAC in 2005 and 2010. (8) The EAC has not had a quorum of commissioners since December 2010, and has not had any commissioners since December 2011. The EAC has not had an Executive Director since December 2011, and has not had a General Counsel since May 2012. (9) The existence of the EAC is not necessary to the conduct of Federal elections and is an unnecessary expenditure of taxpayer funds. Any functions of the EAC worth continuing can be performed by other government entities, consortia of government entities, or private associations. 2. Termination of election assistance commission (a) Termination The Help America Vote Act of 2002 (42 U.S.C. 15301 et seq.) is amended by adding at the end the following new title: X Termination of Commission 1001. Termination Effective on the Commission termination date, the Commission (including the Election Assistance Commission Standards Board and the Election Assistance Commission Board of Advisors under part 2 of subtitle A of title II) is terminated and may not carry out any programs or activities. 1002. Office of management and budget to perform transition functions Except as provided in section 1004, the Director of the Office of Management and Budget shall, effective upon the Commission termination date— (1) perform the functions of the Commission with respect to contracts and agreements described in subsection 1003(a) until the expiration of such contracts and agreements, but shall not renew any such contract or agreement; and (2) take the necessary steps to wind up the affairs of the Commission. 1003. Savings provisions (a) Prior contracts The termination of the Commission under this title shall not affect any contract that has been entered into by the Commission before the Commission termination date. All such contracts shall continue in effect until modified, superseded, terminated, set aside, or revoked in accordance with law by an authorized Federal official, a court of competent jurisdiction, or operation of law. (b) Obligations of recipients of payments (1) In general The termination of the Commission under this title shall not affect the authority of any recipient of a payment made by the Commission under this Act prior to the Commission termination date to use any portion of the payment that remains unobligated as of the Commission termination date, and the terms and conditions that applied to the use of the payment at the time the payment was made shall continue to apply. (2) Special rule for States receiving requirements payments In the case of a requirements payment made to a State under part 1 of subtitle D of title II, the terms and conditions applicable to the use of the payment for purposes of the State’s obligations under this subsection (as well as any obligations in effect prior to the termination of the Commission under this subtitle), and for purposes of any applicable requirements imposed by regulations promulgated by the Director of the Office of Management and Budget, shall be the general terms and conditions applicable under Federal law, rules, and regulations to payments made by the Federal Government to a State, except that to the extent that such general terms and conditions are inconsistent with the terms and conditions that are specified under part 1 of subtitle D of title II or section 902, the terms and conditions specified under such part and such section shall apply. (c) Pending proceedings (1) No effect on pending proceedings The termination of the Commission under this title shall not affect any proceeding to which the Commission is a party that is pending on the Commission termination date, including any suit to which the Commission is a party that is commenced prior to such date, and the Director of the Office of Management and Budget shall be substituted or added as a party to the proceeding. (2) Treatment of orders In the case of a proceeding described in paragraph (1), an order may be issued, an appeal may be taken, judgments may be rendered, and payments may be made as if the Commission had not been terminated. Any such order shall continue in effect until modified, terminated, superseded, or revoked by an authorized Federal official, a court of competent jurisdiction, or operation of law. (3) Construction relating to discontinuance or modification Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any proceeding described in paragraph (1) under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if the Commission had not been terminated. (4) Regulations for transfer of proceedings The Director of the Office of Management and Budget may issue regulations providing for the orderly transfer of proceedings described in paragraph (1). (d) Judicial review Orders and actions of the Director of the Office of Management and Budget in the exercise of functions of the Commission under section 1002 shall be subject to judicial review to the same extent and in the same manner as if such orders and actions had been issued or taken by the Commission. Any requirements relating to notice, hearings, action upon the record, or administrative review that apply to any function of the Commission shall apply to the exercise of such function by the Director. 1004. Return to Federal Election Commission of authority to carry out certain functions under National Voter Registration Act of 1993 Effective on the Commission termination date, there are transferred to the Federal Election Commission any functions transferred to the Election Assistance Commission under section 802 (relating to functions described in section 9(a) of the National Voter Registration Act of 1993). 1005. Commission termination date The Commission termination date is the first date following the expiration of the 60-day period that begins on the date of the enactment of this title. . (b) Termination of Technical Guidelines Development Committee Section 221 of such Act ( 42 U.S.C. 15361 ) is amended by adding at the end the following new subsection: (g) Termination Effective on the Commission termination date described in section 1005, the Development Committee is terminated. . (c) Clerical amendment The table of contents of such Act is amended by adding at the end the following: Title X—Termination of Commission Sec. 1001. Termination. Sec. 1002. Office of Management and Budget to perform transition functions. Sec. 1003. Savings provisions. Sec. 1004. Return to Federal Election Commission of authority to carry out certain functions under National Voter Registration Act of 1993. Sec. 1005. Commission termination date. . 3. Conforming amendments relating to return of certain authority to federal election commission (a) Federal Election Campaign Act of 1971 Section 311(a) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 438(a) ) is amended— (1) by striking and at the end of paragraph (8); (2) by striking the period at the end of paragraph (9) and inserting a semicolon; and (3) by adding at the end the following new paragraph: (10) carry out the duties described in section 9(a) of the National Voter Registration Act of 1993. . (b) National voter registration act of 1993 Section 9(a) of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–7(a) ) is amended by striking Election Assistance Commission and inserting Federal Election Commission . (c) Effective Date The amendments made by this section shall take effect on the Commission termination date described in section 1005 of the Help America Vote Act of 2002 (as added by section 2(a)).

https://www.govinfo.gov/content/pkg/BILLS-113hr1994ih/xml/BILLS-113hr1994ih.xml

113-hr-1995

I 113th CONGRESS 1st Session H. R. 1995 IN THE HOUSE OF REPRESENTATIVES May 15, 2013 Mr. Kind (for himself, Mr. Petri , Mr. Blumenauer , Ms. DeLauro , Mr. Waxman , Mr. Sensenbrenner , Mr. McGovern , and Mr. Cooper ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To reform the Federal Crop Insurance Act and reduce Federal spending on crop insurance. 1. Short title This Act may be cited as the Assisting Family Farmers through Insurance Reform Measures Act or the AFFIRM Act . 2. Adjusted gross income and per person limitations on share of insurance premiums paid by Corporation Section 508(e)(1) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(e)(1) ) is amended— (1) by striking For the purpose and inserting the following: (A) Payment authority For the purpose ; and (2) by adding at the end the following new subparagraphs: (B) Adjusted gross income limitation The Corporation shall not pay a part of the premium for additional coverage for any person or legal entity that has an average adjusted gross income (as defined in section 1001D of the Food Security Act of 1985 ( 7 U.S.C. 1308–3a )) in excess of $250,000. (C) Per person limitation The Corporation shall not pay more than $40,000 to any person or legal entity for premiums under this section. . 3. Cap on overall rate of return for crop insurance providers Section 508(k)(3) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(k)(3) ) is amended— (1) by designating paragraph (3) as subparagraph (A) (and adjusting the margin two ems to the right); (2) by inserting before subparagraph (A) (as so designated) the following: (3) Risk ; and (3) by adding at the end the following new subparagraph: (B) Cap on overall rate of return The target rate of return for all the companies combined for the 2013 and subsequent reinsurance years shall be 12 percent of retained premium. . 4. Cap on reimbursements for administrative and operating expenses of crop insurance providers Section 508(k)(4) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(k)(4) ) is amended by adding at the end the following new subparagraph: (G) Additional cap on reimbursements Notwithstanding subparagraphs (A) through (F), total reimbursements for administrative and operating costs for the 2013 insurance year for all types of policies and plans of insurance shall not exceed $900,000,000. For each subsequent insurance year, the dollar amount in effect pursuant to the preceding sentence shall be increased by the same inflation factor as established for the administrative and operating costs cap in the 2011 Standard Reinsurance Agreement. . 5. Budget limitations on renegotiation of 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) Reduction in corporation obligations The Board shall ensure that any Standard Reinsurance Agreement negotiated under subparagraph (A)(ii), when compared to the immediately preceding Standard Reinsurance Agreement, shall reduce, to the maximum extent practicable, the obligations of the Corporation under subsections (e)(2) or (k)(4) or section 523. . 6. Crop insurance premium subsidies disclosure in the public interest Section 502(c)(2) of the Federal Crop Insurance Act ( 7 U.S.C. 1502(c)(2) ) is amended— (1) by redesignating subparagraphs (A) and (B) as subparagraphs (C) and (D) respectively; and (2) by inserting before subparagraph (C) (as so redesignated) the following: (A) Disclosure in the public interest Notwithstanding paragraph (1) or any other provision of law, except as provided in subparagraph (B), the Secretary shall on an annual basis make available to the public— (i) (I) the name of each individual or entity who obtained a federally subsidized crop insurance, livestock, or forage policy or plan of insurance during the previous fiscal year; (II) the amount of premium subsidy received by the individual or entity from the Corporation; and (III) the amount of any Federal portion of indemnities paid in the event of a loss during that fiscal year for each policy associated with that individual or entity; and (ii) for each private insurance provider, by name— (I) the underwriting gains earned through participation in the federally subsidized crop insurance program; and (II) the amount paid under this subtitle for— (aa) administrative and operating expenses; (bb) any Federal portion of indemnities and reinsurance; and (cc) any other purpose. (B) Limitation The Secretary shall not disclose information pertaining to individuals and entities covered by a catastrophic risk protection plan offered under section 508(b). .

https://www.govinfo.gov/content/pkg/BILLS-113hr1995ih/xml/BILLS-113hr1995ih.xml

113-hr-1996

I 113th CONGRESS 1st Session H. R. 1996 IN THE HOUSE OF REPRESENTATIVES May 15, 2013 Mr. King of New York (for himself, Mrs. Carolyn B. Maloney of New York , Mr. Runyan , Mr. Petri , Mr. Young of Florida , and Mr. DeFazio ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To provide for free mailing privileges for personal correspondence and parcels sent to members of the Armed Forces serving on active duty in Iraq or Afghanistan. 1. Short title This Act may be cited as the Supply Our Soldiers Act of 2013 . 2. Postal benefits program for members of the Armed Forces (a) In general The Secretary of Defense, in consultation with the United States Postal Service, shall provide for a program under which postal benefits shall be provided to qualified individuals in accordance with succeeding provisions of this Act. (b) Qualified individual For purposes of this Act, the term qualified individual means an individual who is— (1) a member of the Armed Forces of the United States on active duty (as defined in section 101 of title 10, United States Code); and (2) (A) serving in Iraq or Afghanistan; or (B) hospitalized at a facility under the jurisdiction of the Armed Forces of the United States as a result of a disease or injury incurred as a result of service in Iraq or Afghanistan. (c) Postal benefits described (1) In general The postal benefits provided under this Act shall consist of such coupons or other similar evidence of credit (whether in printed, electronic, or other format, and hereinafter in this Act referred to as vouchers ) as the Secretary of Defense (in consultation with the Postal Service) shall determine, entitling the bearer or user to make qualified mailings free of postage. (2) Qualified mailing For purposes of this Act, the term qualified mailing means the mailing of a single mail piece which— (A) is described in subparagraph (A) or (B) of paragraph (3); (B) is sent from within an area served by a United States post office; and (C) is addressed to a qualified individual. (3) Mail described Mail described in this paragraph is— (A) any first-class mail (including any sound- or video-recorded communication) not exceeding 13 ounces in weight and having the character of personal correspondence; and (B) parcel post not exceeding 15 pounds in weight. (4) Limitations (A) Number An individual shall be eligible for 1 voucher for each month in which such individual is a qualified individual. (B) Use Any such voucher may not be used— (i) for more than a single qualified mailing; or (ii) the expiration date of such voucher, as designated by the Secretary of Defense. (5) Coordination rule Postal benefits under this Act shall be in addition to, and not in lieu of, any reduced rates of postage or other similar benefits which might otherwise be available by or under law, including any rates of postage resulting from the application of section 3401(b) of title 39, United States Code. (d) Regulations Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense (in consultation with the Postal Service) shall prescribe any regulations necessary to carry out this Act, including— (1) procedures by which vouchers will be provided or made available in timely manner to persons duly identified by qualified individuals to receive those vouchers; and (2) procedures to ensure that the number of vouchers provided or made available with respect to any qualified individual complies with subsection (c)(4)(A). 3. Funding (a) In general There is authorized to be appropriated to the Department of Defense, for fiscal years 2014 through 2019, a sum determined by the Department of Defense to be equal to the expenses incurred by the Department in providing the benefits described in subsection (b)(3) for such fiscal years. Such sum shall be derived from amounts appropriated in each such fiscal for the Operation and Maintenance, Defense-wide, for the Office of the Secretary of Defense, and shall not to exceed $75 million for the total period beginning with fiscal year 2014 and ending with fiscal year 2019. (b) Transfers to Postal Service (1) Based on estimates The Department of Defense shall transfer to the Postal Service, out of any amount so appropriated and in advance of each calendar quarter during which postal benefits under this Act may be used, an amount equal to the amount of postal benefits that the Department of Defense estimates will be used during such quarter, reduced or increased (as the case may be) by any amounts by which the Department finds that a determination under this section for a prior quarter was greater than or less than the amount finally determined for such quarter. (2) Based on annual determination For each of the fiscal years 2014 through 2018, an annual determination of the amount necessary to correct any previous determination under this section during such fiscal year, and any transfer of amounts between the Postal Service and the Department of Defense based on that annual determination, shall be made not later than 6 months after the end of such fiscal year. (3) Based on final determination A final determination of the amount necessary to correct any previous determination under this section, and any transfer of amounts between the Postal Service and the Department of Defense based on that final determination, shall be made not later than 6 months after the end of fiscal year 2019. (c) Consultation required All estimates and determinations under this section of the amount of postal benefits under this Act used in any period shall be made by the Department of Defense in consultation with the Postal Service. 4. Duration The postal benefits under this Act shall apply with respect to mail matter sent during the period beginning on October 1, 2013, and ending on September 30, 2019.

https://www.govinfo.gov/content/pkg/BILLS-113hr1996ih/xml/BILLS-113hr1996ih.xml

113-hr-1997

I 113th CONGRESS 1st Session H. R. 1997 IN THE HOUSE OF REPRESENTATIVES May 15, 2013 Mr. McKeon (for himself and Mr. Peters of California ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To allow investor participation in the loan rehabilitation program authorized under section 203(k) of the National Housing Act. 1. Short title This Act may be cited as the Communities Achieving Sustainability Act . 2. Investor participation in FHA rehabilitation program (a) Investor participation (1) In general The Secretary shall, upon application by a mortgagee and approval of such application by the Secretary, insure and make commitments to insure rehabilitation loans (including advances made during rehabilitation) which are eligible for insurance under section 203(k) of the National Housing Act ( 12 U.S.C. 1709 ) made by financial institutions in order to assist in the rehabilitation of 1- to 4-family structures used primarily for residential purposes. (2) Eligible mortgagors Notwithstanding any other provision of law or regulation, such rehabilitation loans insured pursuant to this Act shall involve a mortgagor who is an investor. (b) Terms and conditions Such commitments to insure and such insurance shall be made upon such terms and conditions which the Secretary may prescribe pursuant to this Act and which are consistent with the provisions of subsections (b), (c), (e), (i), (j), and (k) of section 203 of the National Housing Act (12 U.S.C. 1709 (b), (c), (e), (i), (j), and (k)), except as modified by the provisions of this Act. (c) Maximum loan commitment To be eligible for insurance under this Act, a mortgage shall not exceed 90 percent of the appraised value of the 1- to 4-family structure subject to such mortgage. (d) Calendar year limitation The Secretary may insure, or enter into a commitment to insure, up to four 1- to 4-family structures for an investor described in subsection (a)(2) during a calendar year. (e) Mortgage premium The single premium payment required under section 203(k)(2)(A) of the National Housing Act ( 12 U.S.C. 1709(k)(2)(A) ) shall be increased by 10 basis points for any mortgage insured pursuant to this Act. (f) Definitions In this Act: (1) Investor (A) In general The term investor means a person who— (i) obtains a rehabilitation loan for a structure described in subsection (a)(1) for the purpose of appreciation or production of income with respect to such structure; and (ii) does not intend on occupying such structure. (B) Person defined As used in this subparagraph, the term person has the meaning given such term in section 551(2) of title 5, United States Code. (2) Mortgagee; mortgagor; mortgage The terms mortgagee , mortgagor , and mortgage have the same meanings as given such terms in section 201 of the National Housing Act (12 U.S.C. 1707). 3. Sunset provision The provisions of this Act shall terminate on the date that is 2 years following the date of the enactment of this Act and the Secretary shall not approve any application described in section 2(a)(1) submitted after the conclusion of such 2-year period.

https://www.govinfo.gov/content/pkg/BILLS-113hr1997ih/xml/BILLS-113hr1997ih.xml

113-hr-1998

I 113th CONGRESS 1st Session H. R. 1998 IN THE HOUSE OF REPRESENTATIVES May 15, 2013 Mr. McKeon (for himself and Ms. Loretta Sanchez of California ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Lacey Act Amendments of 1981 to clarify provisions enacted by the Captive Wildlife Safety Act, to further the conservation of certain wildlife species, and for other purposes. 1. Short title This Act may be cited as the Big Cats and Public Safety Protection Act . 2. Findings Congress finds the following: (1) The global illicit trade in wildlife may be worth up to $20,000,000,000 annually and the value of legal wildlife trade in the United States was recently estimated at $2,800,000,000 annually. (2) The illegal trade in prohibited wildlife species (as defined in section 2(g) of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3371(g) ) stimulates demand and expands markets in which those species can be illegally sold. (3) The private possession, breeding, and sale of prohibited wildlife species has a substantial and detrimental effect on the health and general welfare of the people of the United States and on the conservation of the species themselves. (4) Private possession and breeding of prohibited wildlife species have a substantial and direct effect on interstate commerce because prohibited wildlife species are frequently bred and possessed to be used in public exhibition or for sale or transfer of ownership in the exotic pet trade, and are often transported in interstate commerce for these purposes. (5) Private possession and breeding of prohibited wildlife species contributes to the interstate traffic in those species and may contribute to illegal international wildlife trade. (6) Prohibited wildlife species in private possession, or distributed intrastate, are fungible commodities that cannot be differentiated, in terms of control, from prohibited wildlife species possessed or distributed interstate. (7) It is exceedingly difficult to distinguish between prohibited wildlife species that are possessed, bred, sold, or transported in interstate commerce from those that have not been. (8) Federal control of the intrastate private possession and breeding of prohibited wildlife species is essential to the effective control of the interstate incidents of traffic in prohibited wildlife species. (9) The United States is a party to the Convention on International Trade in Endangered Species of Wild Fauna and Flora, which was designed to protect species of wild fauna and flora against overexploitation through international trade. 3. Definitions (a) In general Section 2 of the Lacey Act Amendments of 1981 (16 U.S.C. 3371) is amended— (1) by redesignating subsections (a) through (k) as subsections (b) through (l), respectively; (2) by inserting before subsection (b) (as so redesignated) the following: (a) Breed The term breed means to facilitate the propagation or reproduction (whether intentionally or negligently), or to fail to prevent the propagation or reproduction, of a prohibited wildlife species or other animal. ; and (3) by adding at the end the following: (m) Traveling circus The term traveling circus means an exhibitor holding a Class C license issued under the Animal Welfare Act (7 U.S.C. 2131 et seq.). . (b) Conforming amendments (1) Consolidated farm and rural development act Section 349(a)(3) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1997(a)(3) ) is amended by striking section 2(a) and inserting section 2(b) . (2) Lacey act amendments of 1981 (A) Section 3(e)(2)(C) of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3372(e)(2)(C) ) is amended— (i) in clause (ii), by striking section 2(g) and inserting section 2(h) ; and (ii) in clause (iii), by striking section 2(g) and inserting section 2(h) . (B) Section 7(c) of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3376(c) ) is amended by striking section 2(f)(2)(A) and inserting section 2(g)(2)(A) . 4. Prohibitions Section 3(a) of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3372(a) ) is amended— (1) in paragraph (2)— (A) in subparagraph (A), by striking the semicolon at the end and inserting ; or ; (B) in subparagraph (B)(iii), by striking ; or and inserting a semicolon; and (C) by striking subparagraph (C); (2) in paragraph (3)(B)(iii), by striking ; or and inserting a semicolon; (3) by redesignating paragraph (4) as paragraph (5); (4) by inserting after paragraph (3) the following: (4) subject to subsection (e), to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce, or to breed or possess, any prohibited wildlife species; or ; and (5) in paragraph (5), (as so redesignated), by striking (1) through (3) and inserting (1) through (4) . 5. Nonapplicability of offenses (a) In general Section 3(e) of the Lacey Act Amendments of 1981 (16 U.S.C. 3372(e)) is amended— (1) by striking paragraph (1) and inserting the following: (1) In general Subsection (a)(4) shall not apply to— (A) the importation, exportation, transportation, sale, receipt, acquisition, purchase, breeding, or possession of an animal of a prohibited wildlife species, by any person that, under any regulation promulgated under paragraph (3), is described in subparagraph (A), (B), (C), (D), or (F) of paragraph (2) with respect to that species; and (B) the transportation or possession of an animal of a prohibited wildlife species, by a person that, under any regulation promulgated under paragraph (3), is described in paragraph (2)(E) with respect to that species. ; and (2) in paragraph (2)— (A) by striking subparagraph (A) and inserting the following: (A) is an institution accredited by the Association of Zoos and Aquariums (AZA) or certified related facilities that coordinate with an AZA Species Survival Plan for breeding of species listed as threatened or endangered pursuant to the provision of law codified at section 1533 of title 16, United States Code; ; (B) in subparagraph (C)— (i) by striking is an accredited and inserting is a ; (ii) in clause (iii), by striking and ; (iii) in clause (iv), by striking or and inserting and ; and (iv) by adding at the end the following: (v) does not allow the transportation and display of animals off-site; ; (C) in subparagraph (D), by striking the period at the end and inserting ; or ; and (D) by adding at the end the following: (E) is in possession of any animal of any prohibited wildlife species, that— (i) is born before the date of enactment of this subparagraph; and (ii) not later than 180 days after the date on which regulations are promulgated implementing this subparagraph, is registered with the Animal and Plant Health Inspection Service; or (F) is a traveling circus that— (i) regularly travels in interstate commerce to conduct performances featuring live prohibited wildlife species and multiple trained human entertainers, including clowns and acrobats; (ii) does not allow members of the public to be in direct contact with or unsafe proximity to a prohibited wildlife species of any age, including offering photographic opportunities or interactive sessions; and (iii) during the 3-year period preceding the date of the enactment of this subparagraph, has not been determined by the Secretary of Agriculture to have violated the Animal Welfare Act ( 7 U.S.C. 2131 et seq. ) by reason of jeopardizing the health and well-being of a prohibited wildlife species, including jeopardizing such health and well-being by providing— (I) inappropriate veterinary care; (II) inappropriate handling of the species causing stress or trauma to the species or a threat to public safety; or (III) insufficient food, water, shelter, or space. . (b) Regulations Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, and the Secretary of Agriculture, acting through the Administrator of the Animal and Plant Health Inspection Service, shall promulgate regulations implementing the amendments made by this section. 6. Penalties (a) Civil penalties Section 4(a)(1) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(a)(1)) is amended— (1) by inserting (a)(4), after subsections ; and (2) by striking subsection (d) and inserting subsection (a)(4), (d), . (b) Criminal penalties Section 4(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(d)) is amended— (1) in paragraph (1)— (A) in subparagraph (A), by striking or after the comma at the end; (B) in subparagraph (B), by adding or after the comma at the end; and (C) by inserting after subparagraph (B) the following: (C) knowingly violates section 3(a)(4), ; and (2) in paragraph (2), by inserting , or in the exercise of due care should know that the conduct violates section 3(a)(4), after treaty or regulation . 7. Forfeiture Section 5(a) of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3374(a) ) is amended— (1) in paragraph (1), by striking or purchased and inserting purchased, bred, or possessed, ; and (2) in paragraph (2)— (A) by striking or purchasing and inserting purchasing, breeding, or possessing, and (B) by striking sale or purchase of, the offer of sale or purchase of, or the intent to sell or purchase and inserting importation, exportation, transportation, sale, receipt, acquisition, purchase, breeding, or possession of, the offer of importation, exportation, transportation, sale, receipt, acquisition, purchase, breeding, or possession of, or the intent to import, export, transport, sell, receive, acquire, purchase, breed, or possess .

https://www.govinfo.gov/content/pkg/BILLS-113hr1998ih/xml/BILLS-113hr1998ih.xml

113-hr-1999

I 113th CONGRESS 1st Session H. R. 1999 IN THE HOUSE OF REPRESENTATIVES May 15, 2013 Mr. Murphy of Florida (for himself, Mr. Joyce , Mr. Peters of California , Mr. Rice of South Carolina , and Ms. Sinema ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committees on Appropriations , Agriculture , Energy and Commerce , and Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To reduce waste and implement cost savings and revenue enhancement for the Federal Government. 1. Short title; table of contents (a) Short title This Act may be cited as the Savings, Accountability, Value, and Efficiency Act or the SAVE Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Title I—Provisions Relating to Federal Property, Federal Contracts, and Information Technology Subtitle A—Amendments relating to Federal Property, Federal Contracts, and Information Technology Sec. 101. Management of Federal excess and underutilized real property. Sec. 102. Promotion of competition in Federal contracting. Sec. 103. Promotion of strategic sourcing in Federal contracting. Sec. 104. Avoiding duplicative information technology investments. Sec. 105. Strengthening oversight of information technology operations. Subtitle B—Data Center Consolidation Sec. 111. Purpose. Sec. 112. Definitions. Sec. 113. Federal Data Center Optimization Initiative. Sec. 114. Performance requirements related to data center consolidation. Sec. 115. Cost savings related to data center optimization. Sec. 116. Reporting requirements to Congress and the Federal Chief Information Officer. Sec. 117. Reduction and consolidation of data centers. Title II—Other Matters Sec. 201. Rescission of unobligated budget authority for Department of Energy ATVM loan program. Sec. 202. Report on implementation of certain Medicare and Medicaid fraud detection and program integrity provisions. Sec. 203. Enhancement of agricultural quarantine and inspection fees. Sec. 204. Authorization of depleted uranium sales. Sec. 205. Coordination of diesel emissions controls. Sec. 206. Repeal of duplicative catfish inspection program. I Provisions Relating to Federal Property, Federal Contracts, and Information Technology A Amendments relating to Federal Property, Federal Contracts, and Information Technology 101. Management of Federal excess and underutilized real property (a) In general Chapter 5 of subtitle I of title 40, United States Code, is amended by adding at the end the following new subchapter: VII Managing Federal Excess and Underutilized Real Property 621. National strategy and plan to manage Federal excess and underutilized real property (a) National strategy Not less than 6 months after the date of the enactment of this subchapter, and every two years thereafter, the Director of the Office of Management and Budget, in consultation with the head of each designated agency, shall develop and publish a national strategy for managing excess property and underutilized Federal real property. The national strategy shall include the following: (1) A statement of purpose, scope, and methodology. (2) A definition of excess and underutilized Federal real property, along with a list of risk factors that lead to such property becoming excess or underutilized. (3) Goals, subordinate objectives, activities, and performance measures, including the milestones and time frames for achieving objectives. (4) Resources, investments, and risk management. (5) Organizational roles, responsibilities, and coordination. (6) Integration and implementation plans. (7) For each national strategy after the first, a description of how the previous national strategy has been implemented. (b) Data Not less than 6 months after the date of the enactment of this subchapter, and every two years thereafter, the Administrator of General Services, in consultation with the head of each designated agency, shall develop and implement a plan to improve the Federal Real Property Profile established in accordance with Executive Order 13327 (40 U.S.C. 121 note; relating to Federal real property asset management), that ensures the data collected is complete, accurate, and consistent. The plan shall include the following: (1) Clearly defined data collection requirements and consistent data reporting to the database across Federal agencies. (2) Designation of performance measures that are linked to performance goals and that are consistent with the requirements in Executive Order 13327, or any amendment to or replacement of such Executive order. (3) Recommendations for how Federal agencies can collaborate effectively to provide data when determining data collection requirements and limiting the number of measures collected to those determined to be essential, taking into account the cost and effort involved in collecting the data when determining data collection requirements. (4) For each plan after the first, a description of how the previous plan has been implemented. (c) Submission and publication (1) Submission The national strategy required by subsection (a) and the plan required by subsection (b) shall be submitted to each committee of jurisdiction in the House of Representatives and the Senate. (2) OMB publication The national strategy required by subsection (a) shall be published on the Web site of the Office of Management and Budget. (3) GSA publication The plan required by subsection (b) shall be published on the Web site of the General Services Administration. (d) Designated agency defined In this section, the term designated agency means each agency listed in section 901(b) of title 31. . (b) Clerical amendment The table of sections at the beginning of chapter 5 of subtitle I of title 40, United States Code, is amended by adding at the end the following: Subchapter VII—Managing Federal Excess and Underutilized Real Property Sec. 621. National strategy and plan to manage Federal excess and underutilized real property. . 102. Promotion of competition in Federal contracting (a) Office of Federal procurement policy Not later than six months after the date of enactment of this Act, the Administrator for Federal Procurement Policy shall issue guidance to Federal agencies to reinvigorate the role of the competition advocate, consistent with the recommendations of the Government Accountability Office in its report GAO–10–833 (July 26, 2010). (b) Elements of guidance The guidance issued pursuant to subsection (a) shall include key factors agencies should consider in appointing and utilizing competition advocates, such as placement within the organization, skill set, and potential methods to effectively carry out their duties, and shall direct agencies to require their competition advocates to actively involve program offices in highlighting opportunities to increase competition. 103. Promotion of strategic sourcing in Federal contracting (a) Savings goals Not later than six months after the date of enactment of this Act, and for 4 years annually thereafter, the Director of the Office of Management and Budget shall issue Government-wide savings goals for the strategic sourcing of goods and services by executive agencies required to designate or appoint a Chief Financial Officer as set forth in section 901 of title 31. The Director may issue goals required by this section that are customized to individual agencies or sourcing efforts. (b) Matters covered In complying with subsection (a), the Director shall provide at a minimum— (1) guidance to executive agencies on calculating savings generated from strategic sourcing efforts; and (2) standards to measure progress towards meeting savings goals established by subsection (a). (c) Report Not later than 5 years after the date of enactment of this Act, the Director shall submit to Congress a report on the extent of savings realized through the strategic sourcing of goods and services by executive agencies during the period Government-wide savings goals are required to be issued pursuant to subsection (a). 104. Avoiding duplicative information technology investments (a) Purpose The purpose of this section is to improve transparency in order to ensure that agencies avoid making duplicative information technology investments. (b) Reporting potential duplication (1) Responsibility of agency chief information officers Each agency chief information officer shall utilize existing or newly developed transparency mechanisms to report to the Director of the Office of Management and Budget, not later than six months after the date of enactment of this Act and at least annually thereafter, on the results of the agency’s efforts to identify and eliminate, where appropriate, each potentially duplicative information technology investment. (2) Functions of the director Not later than 90 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall issue a policy requiring consistency among all agencies in identifying information technology investments in any required reporting, and such investments shall include applicable research and development projects and mission-essential systems. 105. Strengthening oversight of information technology operations Section 11303(b) of title 40, United States Code, is amended— (1) by redesignating paragraph (5) as paragraph (6); and (2) by inserting after paragraph (4) the following new paragraph (5): (5) Analyses of investments in operations and maintenance The Director shall require each executive agency to develop a policy consistent with OMB guidance for performing analysis on each operational/steady state information technology investment to measure how well the investment is achieving expected cost, schedule, performance, and other goals, and to determine whether the investment provides the most cost effective way of delivering business value. The agencies shall conduct these operational analyses on a yearly basis and shall report the results to the Director and through existing or newly developed transparency mechanisms. . B Data Center Consolidation 111. Purpose The purpose of this subtitle is to optimize Federal data center usage and efficiency. 112. Definitions In this subtitle: (1) Federal Data Center Optimization Initiative The term Federal Data Center Optimization Initiative or the Initiative means the initiative developed and implemented by the Director, through the Federal Chief Information Officer, as required under section 113. (2) Covered agency The term covered agency means any agency included in the Federal Data Center Optimization Initiative. (3) Federal Chief Information Officer The term Federal Chief Information Officer means the Administrator of the Office of Electronic Government established under section 3602 of title 44, United States Code. (4) Data Center The term data center means a closet, room, floor, or building for the storage, management, and dissemination of data and information, as defined by the Federal Chief Information Officer under guidance issued pursuant to this section. (5) Federal Data Center The term Federal data center means any data center of a covered agency used or operated by a covered agency, by a contractor of a covered agency, or by another organization on behalf of a covered agency. (6) Server Utilization The term server utilization refers to the activity level of a server relative to its maximum activity level, expressed as a percentage. (7) Power usage effectiveness The term power usage effectiveness means the ratio obtained by dividing the total amount of electricity and other power consumed in running a data center by the power consumed by the information and communications technology in the data center. 113. Federal Data Center Optimization Initiative (a) Requirement for initiative The Federal Chief Information Officer, in consultation with the chief information officers of covered agencies, shall develop and implement an initiative, to be known as the Federal Data Center Optimization Initiative, to optimize the usage and efficiency of Federal data centers by meeting the requirements of this Act and taking additional measures, as appropriate. (b) Requirement for plan Within 6 months after the date of the enactment of this Act, the Federal Chief Information Officer, in consultation with the chief information officers of covered agencies, shall develop and submit to Congress a plan for implementation of the Initiative required by subsection (a) by each covered agency. In developing the plan, the Federal Chief Information Officer shall take into account the findings and recommendations of the Comptroller General review required by section 115(e). (c) Matters covered The plan shall include— (1) descriptions of how covered agencies will use reductions in floor space, energy use, infrastructure, equipment, applications, personnel, increases in multiorganizational use, and other appropriate methods to meet the requirements of the initiative; and (2) appropriate consideration of shifting federally owned data centers to commercially owned data centers. 114. Performance requirements related to data center consolidation (a) Server utilization Each covered agency may use the following methods to achieve the maximum server utilization possible as determined by the Federal Chief Information Officer: (1) The closing of existing data centers that lack adequate server utilization, as determined by the Federal Chief Information Officer. If the agency fails to close such data centers, the agency shall provide a detailed explanation as to why this data center should remain in use as part of the submitted plan. The Federal Chief Information Officer shall include an assessment of the agency explanation in the annual report to Congress. (2) The consolidation of services within existing data centers to increase server utilization rates. (3) Any other method that the Federal Chief Information Officer, in consultation with the chief information officers of covered agencies, determines necessary to optimize server utilization. (b) Power usage effectiveness Each covered agency may use the following methods to achieve the maximum energy efficiency possible as determined by the Federal Chief Information Officer: (1) The use of the measurement of power usage effectiveness to calculate data center energy efficiency. (2) The use of power meters in data centers to frequently measure power consumption over time. (3) The establishment of power usage effectiveness goals for each data center. (4) The adoption of best practices for managing— (A) temperature and airflow in data centers; and (B) power supply efficiency. (5) The implementation of any other method that the Federal Chief Information Officer, in consultation with the Chief Information Officers of covered agencies, determines necessary to optimize data center energy efficiency. 115. Cost savings related to data center optimization (a) Requirement To track costs Each covered agency shall track costs resulting from implementation of the Federal Data Center Optimization Initiative within the agency and submit a report on those costs annually to the Federal Chief Information Officer. Covered agencies shall determine the net costs from data consolidation on an annual basis. (1) Factors In calculating net costs each year under subsection (a), a covered agency shall use the following factors: (A) Energy costs. (B) Personnel costs. (C) Real estate costs. (D) Capital expense costs. (E) Operating system, database, and other software license expense costs. (F) Other appropriate costs, as determined by the agency in consultation with the Federal Chief Information Officer. (b) Requirement To track savings Each covered agency shall track savings resulting from implementation of the Federal Data Center Optimization Initiative within the agency and submit a report on those savings annually to the Federal Chief Information Officer. Covered agencies shall determine the net savings from data consolidation on an annual basis. (1) Factors In calculating net savings each year under subsection (b), a covered agency shall use the following factors: (A) Energy savings. (B) Personnel savings. (C) Real estate savings. (D) Capital expense savings. (E) Operating system, database, and other software license expense savings. (F) Other appropriate savings, as determined by the agency in consultation with the Federal Chief Information Officer. (c) Requirement To use cost-Effective measures Covered agencies shall use the most cost-effective measures to implement the Federal Data Center Optimization Initiative. (d) Use of savings Any savings resulting from implementation of the Federal Data Center Optimization Initiative within a covered agency shall be used for the following purposes: (1) To offset the costs of implementing the Initiative within the agency. (2) To further enhance information technology capabilities and services within the agency. (e) Government accountability office review Not later than 3 months after the date of the enactment of this Act, the Comptroller General of the United States shall examine methods for calculating savings from the Initiative and using them for the purposes identified in subsection (d), including establishment and use of a special revolving fund that supports data centers and server optimization, and shall submit to the Federal Chief Information Officer and Congress a report on the Comptroller General’s findings and recommendations. 116. Reporting requirements to Congress and the Federal Chief Information Officer (a) Agency Requirement To report to CIO Each year, each covered agency shall submit to the Federal Chief Information Officer a report on the implementation of the Federal Data Center Optimization Initiative, including savings resulting from such implementation. The report shall include an update of the agency’s plan for implementing the Initiative. (b) Federal Chief Information Officer requirement To report to Congress Each year, the Federal Chief Information Officer shall submit to the relevant congressional committees a report that assesses agency progress in carrying out the Federal Data Center Optimization Initiative and updates the plan under section 113. The report may be included as part of the annual report required under section 3606 of title 44, United States Code. 117. Reduction and consolidation of data centers (a) OMB recommendation Not later than 6 months after the date of the enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Administrator of General Services and the heads of other executive agencies, shall issue recommendations for reducing or consolidating the number of Federal data centers in existence as of the date of the enactment of this Act— (1) by at least 40 percent not later than September 30, 2018; and (2) by at least 80 percent not later than September 30, 2023. (b) Reduction of data centers Not later than 6 months after the issuance of recommendations by the Director of the Office of Management and Budget under subsection (a), the head of each executive agency shall implement the recommendations by reducing the number of Federal data centers in accordance with such recommendations. II Other Matters 201. Rescission of unobligated budget authority for Department of Energy ATVM loan program Of the funds made available by section 129 of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009, Public Law 110–329 , the unobligated balance is hereby rescinded. 202. Report on implementation of certain Medicare and Medicaid fraud detection and program integrity provisions Section 1128J(a)(1)(A) of the Social Security Act (42 U.S.C. 1320a–7k(a)(1)(A)) is amended by adding at the end the following new clause: (iii) Report on Integrated Data Repository and One Program Integrity System Not later than six months after the date of enactment of this clause, the Secretary shall submit to the appropriate congressional committees a report on the following: (I) Integrated Data Repository Efforts to finalize plans and schedules for fully implementing and expanding the use of the Integrated Data Repository, including actions taken to finalize, implement, and manage plans for incorporating data into the Integrated Data Repository and actions taken to define measurable financial benefits expected from the implementation of the Integrated Data Repository. (II) One Program Integrity System Actions taken to plan, schedule, and conduct training on the One Program Integrity System, a Web-based portal and suite of software tools used to analyze and extract data from the Integrated Data Repository, and actions taken to define measurable financial benefits expected from the use of the One Program Integrity System. . 203. Enhancement of agricultural quarantine and inspection fees Section 2509(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 21 U.S.C. 136a(a) ) is amended— (1) in paragraph (1)(A), by inserting striking commercial aircraft, commercial truck, or railroad car and inserting private vessel, commercial aircraft, private aircraft, commercial truck, commercial bus, or railroad car ; and (2) by striking paragraph (2) and inserting the following new paragraph: (2) Limitation In setting the fees under paragraph (1), the Secretary shall ensure that the amount of the fees is commensurate with the aggregate costs of agricultural quarantine and inspection services. The costs of the services conducted under subparagraph (A) of such paragraph, with respect to commercial aircraft or other vehicles, includes the costs of any related inspections of passengers arriving on the commercial aircraft or other vehicles. . 204. Authorization of depleted uranium sales (a) Section 3112(a) of the USEC Privatization Act, Public Law 104–134 ( 42 U.S.C. 2297h–10 ), is amended to read as follows: (a) Transfers and sales by the secretary The Secretary shall not provide enrichment services or transfer or sell any uranium to any person except as consistent with this section. For purposes of this section, with the exception of subsection (b), uranium shall include but not be limited to natural uranium concentrates, natural uranium hexafluoride, high enriched uranium, low enriched uranium, depleted uranium, and any byproduct of uranium processing. . (b) Section 3112(d) is amended— (1) in paragraph (1), by striking sell natural and low-enriched uranium (including low-enriched uranium derived from highly enriched uranium) and inserting transfer or sell any uranium ; and (2) in paragraph (2), by striking natural or low-enriched uranium and inserting any uranium . (c) Section 3112(f) is renumbered as 3112(h). (d) After section 3112(e), insert new subsections (f) and (g) as follows: (f) Reporting Not less than 30 days nor more than two years prior to the transfer or sale of any uranium for any purpose, the Secretary shall notify the House and Senate Committees on Appropriations, the House Energy and Commerce Committee, and the Senate Committee on Energy and Natural Resources of the following: (1) The amount of uranium to be transferred or sold. (2) An estimate by the Secretary of the gross market value of the uranium on the expected date of the transfer or sale of the uranium. (3) The expected date of transfer or sale of the uranium. (4) The recipient of the uranium. (5) The funds, if any, the Secretary expects to receive in exchange for the uranium, and the Secretary’s plans for the funds, and, if the Secretary plans to retain the funds, a citation of the legal authority for doing so. (6) The value of the services and materials the Secretary expects to receive in exchange for the uranium, including any changes to the gross value of the uranium by the recipient for uranium to be provided to the Department of Energy. (7) The purpose of the transfer or sale. (g) List of transfers and sales The Secretary shall maintain a list identifying all notifications required by subsection (f) of this section and for each notification identifying the expected date of the notification, the actual date of the transaction and any information pertaining to the actual transaction that differs from the information provided in the notification. For each notification, the list shall identify the date of the relevant Secretarial determination, if any, pursuant to subsection (d)(2)(B) of this section. . 205. Coordination of diesel emissions controls The Director of the Office of Management and Budget shall, not later than six months after the date of enactment of this Act, develop a strategy— (1) to assess the collective results of Federal funding of activities that have the effect of reducing mobile source diesel emissions; and (2) to identify and eliminate any unnecessary duplication, overlap, and fragmentation of such activities. 206. Repeal of duplicative catfish inspection program (a) In general Effective on the date of the enactment of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8701 et seq.), subsection (b) of section 11016 of such Act ( Public Law 110–246 ; 122 Stat. 2130) and the amendments made by such subsection are repealed. (b) Application The Federal Meat Inspection Act (21 U.S.C. 601 et seq.) shall be applied and administered as if subsection (b) of section 11016 ( Public Law 110–246 ; 122 Stat. 2130) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8701 et seq. ) and the amendments made by such subsection had not been enacted.

https://www.govinfo.gov/content/pkg/BILLS-113hr1999ih/xml/BILLS-113hr1999ih.xml

113-hr-2000

I 113th CONGRESS 1st Session H. R. 2000 IN THE HOUSE OF REPRESENTATIVES May 15, 2013 Mr. Pierluisi (for himself, Mr. Hoyer , Mr. Young of Alaska , Mr. Serrano , Mr. King of New York , Mr. George Miller of California , Ms. Ros-Lehtinen , Ms. Wasserman Schultz , Mr. Rangel , Mr. Waxman , Ms. Kaptur , Mr. Engel , Mr. Faleomavaega , Ms. Norton , Ms. Brown of Florida , Mr. Mica , Mr. Hastings of Florida , Mr. Fattah , Mr. Kind , Mr. Crowley , Mr. Diaz-Balart , Mr. Grijalva , Ms. Bordallo , Mr. Ellison , Ms. Castor of Florida , Ms. Fudge , Mr. Schock , Mr. Sablan , Mr. Deutch , Mr. Polis , Mr. Grayson , Ms. Wilson of Florida , Mr. Garcia , and Ms. Shea-Porter ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To set forth the process for Puerto Rico to be admitted as a State of the Union. 1. Short title This Act may be cited as the Puerto Rico Status Resolution Act . 2. Findings and purpose (a) Findings Congress finds the following: (1) In 1898, Puerto Rico became a United States territory and persons born in Puerto Rico have been granted United States citizenship by law since March 2, 1917. (2) Puerto Rico has been granted authority over local matters that is similar to the authority that the several States possess, but Puerto Rico remains subject to the powers of Congress under the Territory Clause of the Constitution of the United States. (3) The approximately 3,700,000 residents of Puerto Rico do not have a democratic form of government at the national level, because United States citizens residing in the territory are disenfranchised in the election for the President and the Vice President of the United States, are not represented in the United States Senate, and their one representative in the United States House of Representatives can only vote in committees of the United States House of Representatives. (4) The Federal Government may—and often does—treat Puerto Rico and its residents unequally under Federal program, tax, and other laws relative to the several States and the District of Columbia and their residents. (5) On November 6, 2012, the Government of Puerto Rico held a two-part referendum. The first question asked voters if Puerto Rico should continue to have its present form of territorial status . Of the 1,798,987 voters who chose an option, 53.97 percent voted against continued territorial status. (6) The second question asked voters to express their preference among the three possible alternatives to territorial status: statehood, independence, and nationhood in free association with the United States. Of the 1,363,854 voters who chose an option, 61.16 percent voted for statehood. (7) The number of votes cast in favor of statehood exceeded the number of votes cast in favor of continued territorial status. (b) Purpose The purpose of this Act is to provide for a federally authorized ratification vote in Puerto Rico on the admission of Puerto Rico into the Union as a State and, if a majority of voters ratify Puerto Rico’s desire for statehood, to describe the steps that the President and Congress shall take to enable the admission of Puerto Rico as a State of the Union. 3. Ratification vote The State Elections Commission of Puerto Rico is authorized to provide for a ratification vote on the admission of Puerto Rico into the Union as a State, in accordance with rules and regulations determined by the Commission, including qualifications for voter eligibility, with the following on the ballot: As a State: (A) Puerto Rico would be permanently united to the other States of the Union. (B) All provisions of the Constitution of the United States that apply to the States would apply to Puerto Rico. (C) Individuals born in Puerto Rico would be United States citizens by virtue of the Constitution of the United States, instead of by virtue of laws of the United States. (D) Puerto Rico would be treated equally with the other States in all Federal laws of general application. (E) There would be a period of transition to statehood, during which equal treatment of Puerto Rico in program and tax laws would be phased in. (F) Puerto Rico would be represented in the United States Senate by two Senators, in the United States House of Representatives by a number of Representatives in proportion to its share of the national population (and the number of Members of the House of Representatives would be increased by the same number), and for the election of the President and the Vice President of the United States by a number of votes in the Electoral College equal to the number of its Senators and Representatives. (G) The Government of Puerto Rico, like the governments of the other States, would have permanent authority over all matters not delegated to the Federal Government or the people by the Constitution of the United States. Do you want Puerto Rico to be admitted as a State of the United States? Yes__ No__ . 4. Implementation (a) Presidential action If a majority of votes cast in the ratification vote held under section 3 are for the admission of Puerto Rico as a State of the Union, the President, not later than 180 days after the certification of the vote, shall submit to Congress legislation to admit Puerto Rico as a State of the Union on an equal footing with the several States in all respects, consistent with the terms of this Act. (b) Legislative action If a majority of votes cast in the ratification vote held under section 3 are for the admission of Puerto Rico as a State of the Union, this Act constitutes a commitment by Congress to act, through legislation, to admit Puerto Rico as a State of the Union on an equal footing with the several States in all respects, consistent with the terms of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2000ih/xml/BILLS-113hr2000ih.xml

113-hr-2001

I 113th CONGRESS 1st Session H. R. 2001 IN THE HOUSE OF REPRESENTATIVES May 15, 2013 Mr. Rangel (for himself, Mr. Thompson of Pennsylvania , Mr. McGovern , Ms. Lee of California , Mr. Rahall , Mrs. Napolitano , Mr. McCaul , Mr. Westmoreland , Mr. Perry , Mr. Jones , Mrs. Capps , Ms. Chu , Ms. Norton , Mr. Meeks , Mr. Walz , Mr. Cooper , Mr. Nunnelee , Mr. Broun of Georgia , Mr. Cleaver , Mr. Gary G. Miller of California , Mr. Kelly of Pennsylvania , Mr. Pocan , and Mr. Roe of Tennessee ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to improve the ability of health care professionals to treat veterans via telemedicine. 1. Short title This Act may be cited as the Veterans E-Health & Telemedicine Support Act of 2013 or the VETS Act of 2013 . 2. Licensure of health care professionals of the Department of Veterans Affairs providing treatment via telemedicine (a) In general Chapter 17 of title 38, United States Code, is amended by adding after section 1730A the following new section: 1730B. Licensure of health care professionals providing treatment via telemedicine (a) In general Notwithstanding any provision of law regarding the licensure of health care professionals, a covered health care professional may practice the health profession of the health care professional at any location in any State, the District of Columbia, or a commonwealth, territory, or possession of the United States, regardless of where such health care professional or the patient is located, if the health care professional is using telemedicine to provide treatment to an individual under this chapter. (b) Property of Federal Government Subsection (a) shall apply to a covered health care professional providing treatment to a patient regardless of whether such health care professional or patient is located in a facility owned by the Federal Government during such treatment. (c) Definitions In this section: (1) The term covered health care professional means a health care professional who is— (A) authorized by the Secretary to provide health care under this chapter, including a private health care professional who provides such care under a contract entered into with the Secretary, including a contract entered into under section 1703 of this title; and (B) licensed to practice the health care profession of the health care professional. (2) The term telemedicine means the use of telecommunication technology and information technology to support the provision of health care in situations where the patient and health care professional are separated by geographic distance. (d) Construction Nothing in this section may be construed to remove, limit, or otherwise affect any obligation of a covered health care professional under the Controlled Substances Act (21 U.S.C. 801 et seq.). . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1730A the following new item: 1730B. Licensure of health care professionals providing treatment via telemedicine. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2001ih/xml/BILLS-113hr2001ih.xml

113-hr-2002

I 113th CONGRESS 1st Session H. R. 2002 IN THE HOUSE OF REPRESENTATIVES May 15, 2013 Mr. Ryan of Ohio (for himself, Ms. Granger , Ms. McCollum , Ms. Kuster , Mrs. Lowey , Ms. Kaptur , Mr. Cole , and Mr. Crenshaw ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to enhance assistance for victims of sexual assault committed by members of the Armed Forces, and for other purposes. 1. Short title This Act may be cited as the Combating Military Sexual Assault Act of 2013 . 2. Special Victims' Counsel for victims of sexual assault committed by members of the Armed Forces (a) Special Victims' Counsel for victims of sexual assault committed by members of the Armed Forces (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretaries of the military departments shall each implement a program on the provision of a Special Victims' Counsel to victims of a sexual assault committed by a member of the Armed Forces. (2) Qualification An individual may not be designated as a Special Victims' Counsel under this subsection unless the individual is— (A) a judge advocate who is a graduate of an accredited law school or is a member of the bar of a Federal court or the highest court of a State; and (B) is certified as competent to be designated as a Special Victims' Counsel by the Judge Advocate General of the Armed Force of which the individual is a member. (3) Duties (A) In general Subject to subparagraph (C), the duties of a Special Victims' Counsel shall include the provision of legal representation to a victim in connection with criminal and civil legal matters related to the sexual assault committed against the victim, including the following: (i) Legal assistance regarding criminal liability of the victim. (ii) Legal assistance regarding the victim’s responsibility to testify, and other duties to the court. (iii) Legal assistance regarding the potential for civil litigation against other parties (other than the Department of Defense). (iv) Legal assistance regarding any proceeding in connection with the reporting, investigation, and prosecution of the sexual assault. (v) Legal assistance regarding civilian and military restraining and protective orders. (vi) Legal assistance regarding available military and veteran benefits. (vii) Legal assistance in personal civil legal matters in connection with the sexual assault in accordance with section 1044 of title 10, United States Code. (viii) Such other legal representation, advice, and assistance as the Secretary of the military department concerned shall specify for purposes of the program implemented under this subsection. (B) Nature of relationship The relationship between a Special Victims’ Counsel and a victim shall be the relationship between an attorney and client. (C) Representation excluded In providing legal representation, advice, and assistance, a Special Victims’ Counsel may not provide legal representation or appearance in any court, or administrative hearing, except under the following circumstances: (i) To the extent that a victim has a right to be heard, in accordance with the Manual for Courts Martial, in proceedings under the Uniform Code of Military Justice, the Special Victims’ Counsel may provide that representation and appear on behalf of the victim, unless excluded by the Secretary of Defense in accordance with clause (ii). (ii) The Secretary of Defense may determine to explicitly exclude Special Victims’ Counsel from appearing at a hearing at which a victim has a right to be heard, but, if Special Victims’ Counsel are to be excluded from certain hearings, the Secretary of Defense shall submit a report to Congress at the time of implementation of this Act explaining why the appearance of Special Victim’s Counsel at the hearings would adversely affect the constitutional rights of the accused. (iii) To the extent such representation and appearance is allowed under regulations promulgated by the Secretary of the military department concerned regarding the provision of legal assistance in accordance with section 1044 of title 10, United States Code. (4) Revision of Manual for Courts-Martial on appearances by special victim’s counsel Not later than 180 days after the date of the enactment of this Act, the Manual for Courts-Martial shall be revised to provide that military victims of crime, in proceedings under the Uniform Code of Military Justice, to the extent victims have a right to be heard, they have a right to be heard through counsel, if represented and if counsel is reasonably available, unless counsel are excluded by the Secretary of Defense in accordance with clause (ii). (b) Assistance and reporting (1) Assistance Section 1565b of title 10, United States Code, is amended— (A) by redesignating subsection (b) as subsection (c); and (B) by inserting after subsection (a) the following new subsection (b): (b) Availability of Special Victims' Counsel for victims of sexual assault committed by members of the Armed Forces (1) A member of the armed forces, or a dependent of a member, who is the victim of a sexual assault described in paragraph (2) may be provided assistance by a Special Victims' Counsel. (2) A sexual assault described in this paragraph is any offense if alleged to have been committed by a member of the armed forces as follows: (A) Any offense covered by section 920 of this title (article 120 of the Uniform Code of Military Justice). (B) An attempt to commit an offense specified in subparagraph (A) or (B) as punishable under section 880 of this title (article 80 of the Uniform Code of Military Justice). (3) A member of the armed forces or dependent who is the victim of sexual assault described in paragraph (2) shall be informed of the availability of assistance under paragraph (1) as soon as the member or dependent seeks assistance from a Sexual Assault Response Coordinator, a Sexual Assault Victim Advocate, a military criminal investigator, a victim/witness liaison, a trial counsel, health care providers, or any other personnel designated by the Secretary of the military department concerned for purposes of this paragraph. The member or dependent shall also be informed that the assistance of a Special Victims' Counsel under paragraph (1) is optional and may be declined, in whole or in part, at any time. (4) Assistance of a Special Victims' Counsel under paragraph (1) shall be available to a member or dependent regardless of whether the member or dependent elects unrestricted or restricted (confidential) reporting of the sexual assault. . (2) Reporting Subsection (c) of such section, as redesignated by paragraph (1)(A) of this subsection, is further amended in paragraph (2)— (A) by redesignating subparagraph (C) as subparagraph (D); and (B) by inserting after subparagraph (B) the following new subparagraph (C): (C) A Special Victims' Counsel. . (c) Conforming amendments to authority on SARC, SAVA, and related assistance Subsection (a) of such section is amended— (1) in paragraph (1), by striking may and inserting shall, upon request, ; and (2) in paragraph (2)— (A) by inserting a Special Victims' Counsel, after a Sexual Assault Victim Advocate, ; and (B) by striking or a trial counsel and inserting a trial counsel, a health care provider, or any other person designated by the Secretary of the military department concerned for purposes of this paragraph . (d) Conforming and clerical amendments (1) Heading amendment The heading of such section is amended to read as follows: 1565b. Victims of sexual assault: access to legal assistance and services of Sexual Assault Coordinators, Sexual Assault Victim Advocates, and Special Victims' Counsels . (2) Table of sections The table of sections at the beginning of chapter 80 of such title is amended by striking the item relating to section 1565b and inserting the following new item: 1565b. Victims of sexual assault: access to legal assistance and services of Sexual Assault Coordinators, Sexual Assault Victim Advocates, and Special Victims' Counsels. . 3. Enhanced responsibilities of Sexual Assault Prevention and Response Office for Department of Defense sexual assault prevention and response program (a) In general Section 1611(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( 10 U.S.C. 1561 note) is amended by striking shall— and all the follows and inserting “shall do the following: (1) Oversee development and implementation of the comprehensive policy for the Department of Defense sexual assault prevention and response program, including guidance and assistance for the military departments in addressing matters relating to sexual assault prevention and response. (2) Serve as the single point of authority, accountability, and oversight for the sexual assault prevention and response program. (3) Undertake responsibility for the oversight of the implementation of the sexual assault prevention and response program by the Armed Forces. (4) Collect, maintain, and disseminate data of the military departments on sexual assault in accordance with section 1615. (5) Provide oversight to ensure that the military departments maintain documents relating to the following: (A) Allegations and complaints of sexual assault involving members of the Armed Forces. (B) Courts-martial or trials of members of the Armed Forces for offenses relating to sexual assault. (6) Act as liaison between the Department of Defense and other Federal and State agencies on programs and efforts relating to sexual assault prevention and response. (7) Oversee development of strategic program guidance and joint planning objectives for resources in support of the sexual assault prevention and response program, and make recommendations on modifications to policy, law, and regulations needed to ensure the continuing availability of such resources. (8) Provide to the Secretary of Veterans Affairs any records or documents on sexual assault in the Armed Forces, including restricted reports with the approval of the individuals who filed such reports, that are required by the Secretary of Veterans Affairs for purposes of the administration of the laws administered by the Secretary of Veterans Affairs. . (b) Collection and Maintenance of Data Subtitle A of title XVI of such Act (10 U.S.C. 1561 note) is amended by adding at the end the following new section: 1615. Collection and maintenance of data of military departments on sexual assault prevention and response In carrying out the requirements of section 1611(b)(4), the Director of the Sexual Assault Prevention and Response Office shall do the following: (1) Collect, in a manner consistent with the policy and procedures developed pursuant to section 586 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 10 U.S.C. 1561 note), from each military department on a quarterly and annual basis data of such military department on sexual assaults involving members of the Armed Forces. (2) Maintain data collected from the military departments under paragraph (1). (3) Assemble from the data collected each calendar-year quarter under this section a quarterly report on the involvement of members of the Armed Forces in incidents of sexual assault. (4) Develop metrics to measure the effectiveness of, and compliance with, training and awareness objectives of the military departments on sexual assault prevention and response. (5) Establish categories of information to be provided by the military departments in connection with reports on sexual assault prevention and response, including, but not limited to, the annual reports required by section 1631, and ensure that the submittals of the military departments for purposes of such reports include data within such categories. . (c) Element on unit of accused and victim in case synopses in annual report on sexual assaults (1) In general Section 1631(f) of such Act ( 10 U.S.C. 1561 note) is amended— (A) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively; and (B) by inserting after paragraph (4) the following new paragraph (5): (5) The case synopsis shall indicate the unit of each member of the Armed Forces accused of committing a sexual assault and the unit of each member of the Armed Forces who is a victim of sexual assault. . (2) Application of amendments The amendments made by paragraph (1) shall apply beginning with the report regarding sexual assaults involving members of the Armed Forces required to be submitted by March 1, 2014, under section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011. 4. Disposition and other requirements for sex-related offenses under the Uniform Code of Military Justice (a) Disposition and other requirements (1) In general Subchapter VI of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after section 830 (article 30) the following new section (article): 830a. Art. 30a. Sex-related offenses: disposition and other requirements (a) In general Notwithstanding any other provision of this chapter, charges on offenses specified in subsection (b) shall be subject to the disposition requirements in subsection (c) and subject to the other requirements and limitations set forth in this section. (b) Covered offenses The charges on offenses specified in this subsection are charges on the offenses as follows: (1) Any offense covered by section 920 of this title (article 120). (2) An attempt to commit an offense specified in paragraph (1) or (2) as punishable under section 880 of this title (article 80). (c) Disposition requirements (1) Subject to paragraph (2), the charges on any offense specified in subsection (b) shall be referred to an appropriate authority for convening general courts-martial under section 822 of this title (article 22) for disposition. (2) If the appropriate authority to whom charges described in paragraph (1) would be referred under that paragraph is a member with direct supervisory authority over the member alleged to have committed the offense, such charges shall be referred for disposition to a superior authority competent to convene general courts-martial. (d) Victim's rights A victim of an offense specified in subsection (b) shall have rights as follows: (1) To a Special Victims' Counsel provided under section 1565b(b) of this title. (2) To have all communications between the victim and any Sexual Assault Response Coordinator, Sexual Assault Victim Advocate, or Special Victims' Counsel for the victim considered privileged communications for purposes of the case and any proceedings relating to the case. (e) Availability of writ of mandamus To seek enforcement of the rights accorded a victim under subsection (d), the victim may apply for a writ of mandamus. The right shall first be asserted to the military judge in any court-martial proceeding in which the accused is being tried. The military judge shall take up and decide any motion asserting a victim's right in this section. If the military judge denies the relief sought, the victim may petition the court of criminal appeals for a writ of mandamus. The Court of Criminal Appeals for an armed force has jurisdiction to grant relief sought under this paragraph. If the court of appeals denies the relief sought, the reasons for the denial shall be clearly stated on the record in a written opinion. . (2) Clerical amendment The table of sections at the beginning of subchapter VI of chapter 47 of such title (the Uniform Code of Military Justice) is amended by inserting after the item relating to section 830 (article 30) the following new item: 830a. Art. 30a. Sex-related offenses: disposition and other requirements. . (b) Revision of Manual for Courts-Martial The Joint Service Committee on Military Justice shall amend the Manual for Courts-Martial to reflect the requirements in section 830a of title 10, United States Code (article 830a of the Uniform Code of Military Justice), as added by this section, including, in particular, section 306 of the Manual relating to disposition of charges. 5. Modification of authorities and responsibilities of convening authorities in taking actions on the findings and sentences of courts-martial (a) In general 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 adding at the end the following new sentence: In taking such an action (other than an action to approve a sentence), the convening authority or other person taking such action shall prepare a written justification of such action, which written justification shall be made a part of the record of the court-martial. ; (2) in paragraph (3), by striking the second sentence; and (3) by adding at the end the following new paragraphs: (4) If a convening authority or other person acts on the findings of a court-martial, the convening authority or other person may not, except for a charge or specification for a minor offense— (A) dismiss any charge or specification by setting aside a finding of guilty thereto; or (B) change a finding of guilty to a charge or specification to a finding of guilty to an offense that is a lesser included offense of the offense stated in the charge or specification. (5) For purposes of this section (article), whether an offense is minor depends on the nature of the offense, the circumstances surrounding its commission, and the maximum sentence imposable for the offense if tried by general court-martial. Ordinarily, a minor offense is an offense for which the maximum sentence imposable would not include dismissal or a dishonorable discharge or confinement for longer than one year. The decision whether an offense is minor is a matter of discretion of the convening authority, except that no offense of a sexual nature may be considered minor. . (b) 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 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 so amended, on or after that date. 6. Availability of Sexual Assault Response Coordinators for members of the National Guard (a) Availability in each National Guard State and Territory Section 584(a) of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 125 Stat. 1433; 10 U.S.C. 1561 note) is amended— (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following new paragraph (2): (2) Availability in each National Guard State and territory The National Guard of each State and Territory shall ensure that a Sexual Assault Response Coordinator is available at all times to the members of the National Guard of such State or Territory. The Secretary of the Army and the Secretary of the Air Force may, in consultation with the Chief of the National Guard Bureau, assign additional Sexual Assault Response Coordinators in a State or Territory as necessary based on the resource requirements of National Guard units within such State or Territory. Any additional Sexual Assault Response Coordinator may serve on a full-time or part-time basis at the discretion of the assigning Secretary. . (b) Availability To provide assistance for members of the National Guard in State status Section 1565b of title 10, United States Code, as amended by section 2 of this Act, is further amended in subsection (a)— (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (2) by inserting after paragraph (1) the following new paragraph (2): (2) In the case of a member of the National Guard in State status under title 32 who is the victim of a sexual assault, assistance provided by a Sexual Assault Response Coordinator shall be provided by the Sexual Assault Response Coordinator Assistance available in the State or Territory concerned under paragraph (2) of section 584(a) of the National Defense Authorization Act for Fiscal Year 2012 ( 10 U.S.C. 1561 note), but, with the approval of the Secretary of the Army or the Secretary of the Air Force, as applicable, may also be provided by Sexual Assault Response Coordinator assigned under paragraph (1) of that section. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2002ih/xml/BILLS-113hr2002ih.xml

113-hr-2003

I 113th CONGRESS 1st Session H. R. 2003 IN THE HOUSE OF REPRESENTATIVES May 15, 2013 Mr. Ryan of Ohio (for himself and Mrs. Lowey ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Federal Food, Drug, and Cosmetic Act to require the label of drugs intended for human use to contain a parenthetical statement identifying the source of any ingredient constituting or derived from a grain or starch-containing ingredient. 1. Short title This Act may be cited as the Gluten in Medicine Disclosure Act of 2013 . 2. Labeling of source of human drug ingredients constituting or derived from a grain or starch-containing ingredient (a) 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— (1) that is intended for human use; (2) that contains an ingredient (other than a polyol) that constitutes or is derived from a grain or starch-containing ingredient; and (3) whose label fails to include a parenthetical statement identifying the source of the ingredient so constituted or derived. . (b) Applicability Section 502(bb) of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a) of this section, shall apply beginning on the sooner of— (1) a date to be determined by the Secretary of Health and Human Services; and (2) the date that is 2 years after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2003ih/xml/BILLS-113hr2003ih.xml

113-hr-2004

I 113th CONGRESS 1st Session H. R. 2004 IN THE HOUSE OF REPRESENTATIVES May 15, 2013 Mr. Simpson (for himself and Mr. DeFazio ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To expand geothermal production, and for other purposes. 1. Short title This Act may be cited as the Geothermal Production Expansion Act of 2013 . 2. Noncompetitive leasing of adjoining areas for development of geothermal resources Section 4(b) of the Geothermal Steam Act of 1970 ( 30 U.S.C. 1003(b) ) is amended by adding at the end the following: (4) Adjoining land (A) Definitions In this paragraph: (i) Fair market value per acre The term fair market value per acre means a dollar amount per acre that— (I) except as provided in this clause, shall be equal to the market value per acre (taking into account the determination under subparagraph (B)(iii) regarding a valid discovery on the adjoining land) as determined by the Secretary under regulations issued under this paragraph; (II) shall be determined by the Secretary with respect to a lease under this paragraph, by not later than the end of the 180-day period beginning on the date the Secretary receives an application for the lease; and (III) shall be not less than the greater of— (aa) 4 times the median amount paid per acre for all land leased under this Act during the preceding year; or (bb) $50. (ii) Industry standards The term industry standards means the standards by which a qualified geothermal professional assesses whether downhole or flowing temperature measurements with indications of permeability are sufficient to produce energy from geothermal resources, as determined through flow or injection testing or measurement of lost circulation while drilling. (iii) Qualified Federal land The term qualified Federal land means land that is otherwise available for leasing under this Act. (iv) Qualified geothermal professional The term qualified geothermal professional means an individual who is an engineer or geoscientist in good professional standing with at least 5 years of experience in geothermal exploration, development, or project assessment. (v) Qualified lessee The term qualified lessee means a person that may hold a geothermal lease under this Act (including applicable regulations). (vi) Valid discovery The term valid discovery means a discovery of a geothermal resource by a new or existing slim hole or production well, that exhibits downhole or flowing temperature measurements with indications of permeability that are sufficient to meet industry standards. (B) Authority An area of qualified Federal land that adjoins other land for which a qualified lessee holds a legal right to develop geothermal resources may be available for a noncompetitive lease under this section to the qualified lessee at the fair market value per acre, if— (i) the area of qualified Federal land— (I) consists of not less than 1 acre and not more than 640 acres; and (II) is not already leased under this Act or nominated to be leased under subsection (a); (ii) the qualified lessee has not previously received a noncompetitive lease under this paragraph in connection with the valid discovery for which data has been submitted under clause (iii)(I); and (iii) sufficient geological and other technical data prepared by a qualified geothermal professional has been submitted by the qualified lessee to the applicable Federal land management agency that would lead individuals who are experienced in the subject matter to believe that— (I) there is a valid discovery of geothermal resources on the land for which the qualified lessee holds the legal right to develop geothermal resources; and (II) that thermal feature extends into the adjoining areas. (C) Determination of fair market value (i) In general The Secretary shall— (I) publish a notice of any request to lease land under this paragraph; (II) determine fair market value for purposes of this paragraph in accordance with procedures for making those determinations that are established by regulations issued by the Secretary; (III) provide to a qualified lessee and publish, with an opportunity for public comment for a period of 30 days, any proposed determination under this subparagraph of the fair market value of an area that the qualified lessee seeks to lease under this paragraph; and (IV) provide to the qualified lessee and any adversely affected party the opportunity to appeal the final determination of fair market value in an administrative proceeding before the applicable Federal land management agency, in accordance with applicable law (including regulations). (ii) Limitation on nomination After publication of a notice of request to lease land under this paragraph, the Secretary may not accept under subsection (a) any nomination of the land for leasing unless the request has been denied or withdrawn. (iii) Annual rental For purposes of section 5(a)(3), a lease awarded under this paragraph shall be considered a lease awarded in a competitive lease sale. (D) Regulations Not later than 270 days after the date of enactment of the Geothermal Production Expansion Act of 2013 , the Secretary shall issue regulations to carry out this paragraph. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2004ih/xml/BILLS-113hr2004ih.xml

113-hr-2005

I 113th CONGRESS 1st Session H. R. 2005 IN THE HOUSE OF REPRESENTATIVES May 15, 2013 Mr. Tierney (for himself, Mr. Capuano , Mr. Cummings , Mr. Farr , Ms. Hahn , Mr. Keating , Ms. Lofgren , Mrs. Carolyn B. Maloney of New York , Mr. Markey , Mr. McGovern , Mr. Moran , Mrs. Napolitano , Ms. Speier , and Ms. Tsongas ) introduced the following bill; which was referred to the Committee on the Judiciary , 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 provide for the development and use of technology for personalized handguns, to require that, within 3 years, all handguns manufactured or sold in, or imported into, the United States incorporate such technology, and for other purposes. 1. Short title This Act may be cited as the Personalized Handgun Safety Act . 2. Findings The Congress finds as follows: (1) It is in the interest of the Nation to protect its citizens from handgun violence and accidental firearm deaths. (2) Personalizing handguns would disallow unauthorized users, whether they be children, criminals, or others, from misusing the weapons. (3) Personalizing handguns would allow for authorized users to continue to lawfully own and use their handgun more safely. (4) In 2011, according to the Centers for Disease Control (CDC), there were 851 accidental firearm deaths. (5) In 2010, according to the CDC, 62 people under the age of 15 were killed accidentally with firearms. (6) Almost 350,000 incidents of firearm theft from private citizens occur annually according to the National Crime Victimization Survey. (7) According to the Federal Bureau of Investigation, 45 law enforcement officers were killed with their own firearm between 2002 and 2011. (8) According to the Federal Bureau of Investigation, almost half of all murders in the United States in 2011 were committed with handguns. I Technology for Personalized Handguns Grants 101. Authorization The Attorney General, acting through the Director of the National Institute of Justice (referred to in this title as the Director ), shall make grants to qualified entities to develop technology for personalized handguns. 102. Applications A qualified entity seeking a grant under this title shall submit to the Director an application at such time, in such manner, and containing such information as the Director may reasonably require. 103. Uses of funds A qualified entity receiving a grant under this title— (1) shall use not less than 70 percent of such funds to develop technology for personalized handguns; (2) may use not more than 20 percent of such funds to develop technology for retrofitted personalized handguns; and (3) may use not more than 10 percent of such funds for administrative costs associated with the development of technology funded under this title. 104. Term; renewal (a) Term A grant awarded under this title shall be for a term of one year. (b) Renewal A qualified entity receiving a grant under this title may renew such grant by submitting to the Director an application for renewal at such time, in such manner, and containing such information as the Director may reasonably require. 105. Reports A qualified entity receiving a grant under this title shall submit to the Director such reports, at such time, in such manner, and containing such information as the Director may reasonably require. The Director shall transmit to Congress each year a report containing a summary of such information received. 106. Regulations The Director may promulgate such guidelines, rules, regulations, and procedures as may be necessary to carry out this title. 107. Definitions In this title: (1) Handgun The term handgun has the meaning given the term in section 921(a)(29) of title 18, United States Code. (2) Personalized handgun The term personalized handgun means a handgun that— (A) enables only the authorized users of a handgun to fire such handgun; and (B) was manufactured in such a manner that the firing restriction described in subparagraph (A)— (i) is incorporated into the design of the handgun, and is not sold as an accessory; and (ii) cannot be readily removed or deactivated. (3) Qualified entity The term qualified entity means— (A) a State or unit of local government; (B) a nonprofit or for-profit organization; or (C) an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 2001)). (4) Retrofitted personalized handgun The term retrofitted personalized handgun means a handgun fitted with a device that— (A) enables only the authorized users of a handgun to fire such handgun; and (B) cannot be readily removed or deactivated. 108. Authorization of appropriations There is authorized to be appropriated to carry out this title $2,000,000 for fiscal years 2015 and 2016. II Consumer Product Safety Commission safety standard 201. Consumer product safety standard (a) Establishment of standard Notwithstanding section 3(a)(5)(E) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(5)(E)), the Consumer Product Safety Commission, in consultation with the Attorney General and the Director of the National Institute of Justice, shall promulgate a consumer product safety standard under section 7(a) of such Act ( 15 U.S.C. 2056(a) ) for handguns. (b) Standard Requirements The standard established under subsection (a) shall require that— (1) effective 2 years after the date of the enactment of this Act, handguns manufactured in the United States must be personalized handguns; and (2) effective 3 years after the date of the enactment of this Act, handguns sold, offered for sale, traded, transferred, shipped, leased, or distributed in the United States must be— (A) personalized handguns, if manufactured on or after the effective date in paragraph (1); or (B) retrofitted personalized handguns, if manufactured before the effective date in paragraph (1). (c) Exemptions (1) Antique firearms The standard established under subsection (a) shall not require retrofitting or personalization of antique firearms. (2) Military firearms The standard established under subsection (a) shall not apply to a firearm that is owned by the Department of Defense. (d) Cost of retrofitting (1) In general Except as provided in paragraph (2), the cost of retrofitting a handgun as required under subsection (b) shall be borne by the manufacturer of the handgun if the manufacturer is operational at the time the retrofit is required. (2) Reimbursement Section 524(c) of title 28, United States Code, is amended— (A) in subparagraph (H), by striking ; and and inserting a semicolon; (B) in subparagraph (I), by striking the period at the end and inserting ; and ; and (C) by inserting after subparagraph (I) the following: (J) payments to reimburse manufacturers of handguns for the costs of retrofitting handguns as required by section 201(b)(2)(B) of the Personalized Handgun Safety Act. . (e) Availability of an action on behalf of a State If an 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 any person who violates this title, the attorney general, official, or agency may bring a civil action on behalf of the residents of such State against a seller or manufacturer of handguns in an appropriate district court of the United States to enjoin further violations of this title and for other relief as may be appropriate. 202. Definitions In this title: (1) Authorized user The term authorized user , with respect to a firearm, means the lawful owner of the firearm and any individual authorized by the owner to use the firearm who is allowed to own, carry, or use a firearm in the State where the firearm is being used. (2) Handgun and antique firearm The terms handgun and antique firearm have the meanings given such terms in section 921 of title 18, United States Code. (3) Personalized handgun The term personalized handgun means a handgun that— (A) enables only an authorized user of a handgun to fire the handgun; and (B) was manufactured in such a manner that the firing restriction described in subparagraph (A)— (i) is incorporated into the design of the handgun; and (ii) cannot be readily removed or deactivated. (4) Retrofitted personalized handgun The term retrofitted personalized handgun means a handgun fitted with a device that— (A) enables only an authorized user of a handgun to fire the handgun; and (B) attaches to the handgun in a manner such that the device cannot be readily removed or deactivated. III Exemption from the Protection of Lawful Commerce in Arms Act 301. Exemptions from the Protection of Lawful Commerce in Arms Act Section 4 of the Protection of Lawful Commerce in Arms Act ( Public Law 109–92 ) is amended— (1) in paragraph (4), by adding at the end the following: Notwithstanding the preceding sentence, the term qualified product does not include any handgun manufactured after the 2-year period that begins with the date of the enactment of this sentence that is not a personalized handgun or a retrofitted personalized handgun. ; and (2) by adding at the end the following: (10) Authorized user The term authorized user , with respect to a handgun, means the lawful owner of the handgun and any individual authorized by the owner to use the handgun who is allowed to own, carry, or use a handgun in the State where the handgun is being used. (11) Personalized handgun The term personalized handgun means a handgun that— (A) enables only an authorized user of a handgun to fire the handgun; and (B) was manufactured in such a manner that the firing restriction described in subparagraph (A)— (i) is incorporated into the design of the handgun; and (ii) cannot be readily removed or deactivated. (12) Retrofitted personalized handgun The term retrofitted personalized handgun means a handgun fitted with a device that— (A) enables only an authorized user of a handgun to fire the handgun; and (B) attaches to the handgun in a manner such that the device cannot be readily removed or deactivated. (13) Handgun The term handgun has the meaning given the term in section 921(a)(29) of title 18, United States Code. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2005ih/xml/BILLS-113hr2005ih.xml

113-hr-2006

I 113th CONGRESS 1st Session H. R. 2006 IN THE HOUSE OF REPRESENTATIVES May 15, 2013 Mr. Walberg (for himself and Mr. Kildee ) 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 expand access to Coverdell education savings accounts. 1. Short title This Act may be cited as the Helping Families Save for Education Act . 2. Findings The Congress finds the following: (1) College costs have increased tremendously over the past decade. Between academic year 2002–2003 and academic year 2012–2013— (A) published tuition and fees for students at public 4-year institutions of higher education increased from $5,213 to $8,655 or by 66 percent beyond the rate of inflation, (B) published tuition and fees for students at public 2-year institutions of higher education increased from $2,129 to $3,131 or by 47 percent beyond the rate of inflation, and (C) published tuition and fees for students at private 4-year institutions of higher education increased from $22,974 to $29,056 or by 26 percent beyond the rate of inflation. (2) Federal financial aid for students has also increased rapidly but failed to mitigate the issues of rising college costs. Between academic year 2001–2002 and academic year 2011–2012— (A) the amount of Federal financial aid in the form of Federal Pell Grants, Federal student loans, campus-based aid, veterans educational benefits, and tax credits increased from $72.3 billion to $173.8 billion or by 140 percent beyond the rate of inflation, and (B) the Federal Government’s share of total student aid administered increased from 67 percent to 73 percent. 3. Expansion of Coverdell education savings accounts (a) Increase in age limitation of beneficiary after which contributions to account cannot be made Clause (ii) of section 530(b)(1)(A) of the Internal Revenue Code of 1986 is amended by striking age 18 and inserting age 22 . (b) Increase in annual dollar limitation on contributions to account Clause (iii) of section 530(b)(1)(A) of such Code is amended by striking $2,000 and inserting $10,000 . (c) Effective dates (1) Increase in age limitation The amendment made by subsection (a) shall apply to contributions made after the date of the enactment of this Act. (2) Increase in annual dollar limitation on contributions The amendments made by subsection (b) shall apply to contributions made in taxable years ending after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2006ih/xml/BILLS-113hr2006ih.xml

113-hr-2007

I 113th CONGRESS 1st Session H. R. 2007 IN THE HOUSE OF REPRESENTATIVES May 15, 2013 Mr. Welch introduced the following bill; which was referred to the Committee on Agriculture A BILL To eliminate the limitation on the period for which borrowers are eligible for guaranteed assistance under the Consolidated Farm and Rural Development Act. 1. Elimination of limitation on period borrowers are eligible for guaranteed assistance Section 319 of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1949 ) is amended by striking subsection (b).

https://www.govinfo.gov/content/pkg/BILLS-113hr2007ih/xml/BILLS-113hr2007ih.xml

113-hr-2008

I 113th CONGRESS 1st Session H. R. 2008 IN THE HOUSE OF REPRESENTATIVES May 15, 2013 Mr. Welch introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To prohibit United States assistance for Afghanistan unless the United States and Afghanistan enter into a bilateral agreement which provides that work performed in Afghanistan by United States contractors is exempt from taxation by the Government of Afghanistan. 1. Short Title This Act may be cited as the Stop Taxing American Assistance to Afghanistan Act . 2. Prohibition on United States assistance for Afghanistan unless work performed in Afghanistan by United States contractors is exempt from taxation (a) Prohibition No funds made available to carry out the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ) or any other Act may be made available to provide assistance for Afghanistan unless the President certifies to Congress that a bilateral agreement between the United States and Afghanistan is in effect which provides that work performed in Afghanistan under a contract in Afghanistan is exempt from taxation by the Government of Afghanistan. The prohibition on assistance under this subsection shall not apply with respect to a contract under which the contractor or subcontractor is not a national of the United States or a contract involving commercial operations of United States diplomatic missions in Afghanistan. (b) Waiver The President may waive the prohibition on assistance under subsection (a) on a case-by-case basis if the President determines and certifies to Congress that it is in the national interests of the United States to do so. (c) Definitions In this section: (1) Contract in Afghanistan The term contract in Afghanistan has the meaning given the term contract in Iraq or Afghanistan in section 864(a)(2) of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 10 U.S.C. 2302 note), except that each reference in such section to or Iraq is deemed to be deleted. (2) Government of Afghanistan (A) In general The term Government of Afghanistan includes the government of any political subdivision of Afghanistan, and any agency or instrumentality of the Government of Afghanistan. (B) Agency or instrumentality For purposes of subparagraph (A), the term agency or instrumentality of the Government of Afghanistan means an agency or instrumentality of a foreign state as defined in section 1603(b) of title 28, United States Code, with each reference in such section to a foreign state deemed to be a reference to Afghanistan . (d) Effective date This section shall take effect on the date of the enactment of this Act and shall apply with respect to funds made available to carry out the Foreign Assistance Act of 1961 or any other Act for fiscal year 2014 and subsequent fiscal years.

https://www.govinfo.gov/content/pkg/BILLS-113hr2008ih/xml/BILLS-113hr2008ih.xml

113-hr-2009

I 113th CONGRESS 1st Session H. R. 2009 IN THE HOUSE OF REPRESENTATIVES May 16, 2013 Mr. Price of Georgia (for himself, Mr. Wilson of South Carolina , Mrs. Blackburn , Mr. Culberson , Mr. Duncan of Tennessee , Mr. Westmoreland , Mr. McClintock , Mr. Long , Mr. Roe of Tennessee , Mr. Cassidy , Mr. Sessions , Mr. Harris , Mr. Scalise , Mr. Pompeo , Mr. Jones , Mr. Huizenga of Michigan , Mr. Collins of Georgia , Mr. Yoder , Mr. Pittenger , Mr. Cramer , Mr. Lamborn , Mr. Joyce , Mr. Salmon , Mr. Hall , Mr. Chabot , Mr. Daines , Mr. Sam Johnson of Texas , Mr. Broun of Georgia , Mr. Perry , Mr. Marchant , and Mr. Coble ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To prohibit the Secretary of the Treasury from enforcing the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010. 1. Short title This Act may be cited as the Keep the IRS Off Your Health Care Act of 2013 . 2. Findings Congress finds the following: (1) On May 10, 2013, the Internal Revenue Service admitted that it singled out advocacy groups, based on ideology, seeking tax-exempt status. (2) This action raises pertinent questions about the agency’s ability to implement and oversee Public Law 111–148 and Public Law 111–152 . (3) This action could be an indication of future Internal Revenue Service abuses in relation to Public Law 111–148 and Public Law 111–152 given that it is their responsibility to enforce a key provision, the individual mandate. (4) Americans accept the principle that patients, families, and doctors should be making medical decisions, not the Federal Government. 3. Prohibiting enforcement of PPACA and HCERA The Secretary of the Treasury, or any delegate of the Secretary, shall not implement or enforce any provisions of or amendments made by Public Law 111–148 or 111–152.

https://www.govinfo.gov/content/pkg/BILLS-113hr2009ih/xml/BILLS-113hr2009ih.xml

113-hr-2010

I 113th CONGRESS 1st Session H. R. 2010 IN THE HOUSE OF REPRESENTATIVES May 16, 2013 Mr. Barr (for himself, Mr. Fleming , Mr. Wilson of South Carolina , Mr. Wenstrup , Mr. Rice of South Carolina , Mr. Weber of Texas , Mr. Huizenga of Michigan , Mr. Westmoreland , Mr. Pearce , Mr. Cotton , Mr. Posey , and Mr. Stutzman ) introduced the following bill; which was referred to the Committee on House Administration , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Patient Protection and Affordable Care Act to apply to Delegates and Resident Commissioners to the Congress, and to employees of committees and leadership offices of Congress, the requirement of such Act that the only health plans that the Federal Government may make available to Members of Congress and congressional staff are plans created or offered through an Exchange established under such Act. 1. Short title This Act may be cited as the Live by the Laws You Write Act . 2. Treatment of delegates, committee staff, and leadership office staff under patient protection and affordable care act (a) Application of Same Requirements Applicable to Members and Employees of Member Offices Section 1312(d)(3)(D) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18032(d)(3)(D) ) is amended by striking clause (ii) and inserting the following: (ii) Treatment of delegates and resident commissioner In this subparagraph, the term Member of Congress includes a Delegate or Resident Commissioner to the Congress. (iii) Congressional staff defined In this subparagraph, the term Congressional staff means a full-time or part-time employee of any of the following offices: (I) The office of any Member of Congress. (II) The office of any standing, select, or joint committee of Congress. (III) An office of the House of Representatives for which the appropriation for salaries and expenses of the office for the year involved is provided under the heading House Leadership Offices in the Act making appropriations for the Legislative Branch for the fiscal year involved (in addition to any office of a Member of Congress referred to in subclause (I)). (IV) The offices of the President pro tempore, Majority and Minority Leaders, Majority and Minority Whips, Conferences of the Majority and of the Minority, and Majority and Minority Policy Committees of the Senate (in addition to any office of a Member of Congress referred to in subclause (I)). . (b) Effective date The amendment made by subsection (a) shall take effect as if included in the enactment of subtitle D of title I of the Patient Protection and Affordable Care Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2010ih/xml/BILLS-113hr2010ih.xml

113-hr-2011

I 113th CONGRESS 1st Session H. R. 2011 IN THE HOUSE OF REPRESENTATIVES May 16, 2013 Mr. Delaney (for himself and Mr. Renacci ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to provide for a two-year extension of the Veterans’ Advisory Committee on Education. 1. Short title This Act may be cited as the Veterans' Advisory Committee on Education Improvement Act of 2013 . 2. Two-year extension of Veterans’ Advisory Committee on Education Section 3692 of title 38, United States Code, is amended— (1) in subsection (a)— (A) by inserting 31, after 30, ; and (B) by striking and the Persian Gulf War and inserting the Persian Gulf War, and the post-9/11 operations in Iraq and Afghanistan ; and (2) in subsection (c), by striking December 31, 2013 and inserting December 31, 2015 .

https://www.govinfo.gov/content/pkg/BILLS-113hr2011ih/xml/BILLS-113hr2011ih.xml

113-hr-2012

I 113th CONGRESS 1st Session H. R. 2012 IN THE HOUSE OF REPRESENTATIVES May 16, 2013 Mr. Pitts (for himself, Mr. Whitfield , Ms. Schakowsky , and Ms. Eshoo ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To improve the integrity and safety of interstate horseracing, and for other purposes. 1. Short title This Act may be cited as the Horseracing Integrity and Safety Act of 2013 . 2. Definitions In this Act: (1) Interstate off-track wager; horsemen's group; host racing association; off-track betting system The terms interstate off-track wager , horsemen's group , host racing association , and off-track betting system have the meanings given those terms in section 3 of the Interstate Horseracing Act of 1978 ( 15 U.S.C. 3002 ). (2) Veterinarian-client-patient relationship The term veterinarian-client-patient relationship has the meaning of that term as used in the Principles of Veterinary Medical Ethics of the American Veterinary Medical Association (as in effect on the date of the enactment of this Act). 3. Independent anti-doping organization for interstate horseracing (a) In general There shall be an independent anti-doping organization with responsibility for ensuring the integrity and safety of horseraces that are the subject of interstate off-track wagers. (b) Duties The duties of the independent anti-doping organization referred to in subsection (a) with respect to horseraces described in that subsection are the following: (1) Developing, publishing, and maintaining rules with respect to— (A) substances, methods, and treatments that may not be administered to a horse participating in such a horserace; (B) substances, methods, and treatments that may be administered to a horse participating in such a horserace in the context of a veterinarian-client-patient relationship; and (C) the use of substances, methods, and treatments permitted under subparagraph (B), including rules with respect to the period before a horserace (which may not be less than 24 hours before a horserace) during which a horse may no longer receive such substances, methods, and treatments. (2) Implementing programs relating to anti-doping education, research, testing, and adjudication to prevent any horse participating in a horserace described in subsection (a) from racing under the effect of any substance, method, or treatment that could affect the performance of the horse (other than a substance, method, or treatment described in subparagraph (B) of paragraph (1) administered during a time period that is permitted under subparagraph (C) of that paragraph). (3) Excluding from participating in any horserace described in subsection (a) any person that the independent anti-doping organization or a State racing commission determines— (A) has violated a rule with respect to a substance, method, or treatment that may not be administered to a horse participating in such a horserace under subparagraph (A) of paragraph (1); (B) has violated 3 or more times a rule with respect to a substance, method, or treatment permitted under subparagraphs (B) and (C) of that paragraph that has the ability to affect the performance of a horse; or (C) is subject to a suspension from horseracing activities by any State racing commission. (c) Deadline The independent anti-doping organization referred to in subsection (a) shall publish the rules required by subsection (b) not later than one year after the date of the enactment of this Act. (d) Suspension of exclusion period The independent anti-doping organization referred to in subsection (a) may— (1) suspend a period of exclusion from participating in a horserace imposed on a person pursuant to subsection (b)(3) if the person provides substantial assistance to the organization or other persons that results in the discovery of— (A) a violation of a rule published under subsection (b) by another person; or (B) a violation of Federal or State law by another person; and (2) may reinstate all or part of a period of exclusion imposed on a person and suspended under paragraph (1) if the person fails to provide substantial assistance described in that paragraph. (e) Consultations In developing, publishing, and maintaining rules under subsection (b)(1), the independent anti-doping organization referred to in subsection (a) may consult with State racing commissions, host racing associations, horsemen's groups, and other interested persons. (f) Transition rule with respect to furosemide During the 2-year period beginning on the date of the enactment of this Act, the independent anti-doping organization referred to in subsection (a) shall permit the use of furosemide in a horse participating in a horserace described in subsection (a) if— (1) the horse is 3 years old or older; and (2) the use of furosemide— (A) complies with the requirements of the document entitled ARCI–011–020 Medications and Prohibited Substances published by the Association of Racing Commissioners International, Inc.; and (B) is within the context of a veterinarian-client-patient relationship. (g) Designation of organization The independent anti-doping organization designated pursuant to section 701 of the Office of National Drug Control Policy Reauthorization Act of 2006 ( 21 U.S.C. 2001 ) shall serve as the independent anti-doping organization referred to in subsection (a). 4. Consent required for acceptance of interstate off-track wagers (a) In general On and after the date of the enactment of this Act, a host racing association may conduct a horserace that is the subject of an interstate off-track wager, and an interstate off-track wager may be accepted by an off-track betting system, only if consent is obtained from the independent anti-doping organization referred to in section 3(a). (b) Requirement for agreement (1) In general A host racing association shall obtain the consent required by subsection (a) of the independent anti-doping organization referred to in section 3(a) pursuant to an agreement entered into between the association and the organization that specifies the terms and conditions relating to such consent, including— (A) compliance with the rules published under section 3(b); and (B) payments to the organization to defray the costs of carrying out the duties of the organization under this Act. (2) Defrayal of costs The independent anti-doping organization referred to in section 3(a) shall ensure that all of the costs incurred by the organization in carrying out the duties of the organization under this Act are defrayed pursuant to agreements entered into under paragraph (1).

https://www.govinfo.gov/content/pkg/BILLS-113hr2012ih/xml/BILLS-113hr2012ih.xml

113-hr-2013

I 113th CONGRESS 1st Session H. R. 2013 IN THE HOUSE OF REPRESENTATIVES May 16, 2013 Mr. King of Iowa (for himself and Mr. Chaffetz ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To repeal the wage rate requirements commonly known as the Davis-Bacon Act. 1. Short title This Act may be cited as the Davis-Bacon Repeal Act . 2. Repeal of Davis-Bacon wage requirements (a) In general Subchapter IV of chapter 31 of title 40, United States Code, is repealed. (b) Reference Any reference in any law to a wage requirement of subchapter IV of chapter 31 of title 40, United States Code, shall after the date of the enactment of this Act be null and void. 3. Effective date and limitation The amendment made by section 2 shall take effect 30 days after the date of the enactment of this Act but shall not affect any contract in existence on such date of enactment or made pursuant to invitation for bids outstanding on such date of enactment.

https://www.govinfo.gov/content/pkg/BILLS-113hr2013ih/xml/BILLS-113hr2013ih.xml

113-hr-2014

I 113th CONGRESS 1st Session H. R. 2014 IN THE HOUSE OF REPRESENTATIVES May 16, 2013 Mr. Amash (for himself, Ms. Lofgren , Mr. Mulvaney , and Mr. Polis ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To repeal section 2703(c)(2)(C) of title 18, United States Code. 1. Short title This Act may be cited as the Telephone Records Protection Act . 2. Repeal Subparagraph (C) of section 2703(c)(2) of title 18, United States Code, is repealed.

https://www.govinfo.gov/content/pkg/BILLS-113hr2014ih/xml/BILLS-113hr2014ih.xml

113-hr-2015

I 113th CONGRESS 1st Session H. R. 2015 IN THE HOUSE OF REPRESENTATIVES May 16, 2013 Mr. Horsford (for himself, Mr. Amodei , Mr. Heck of Nevada , and Ms. Titus ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To provide for certain land conveyances in the State of Nevada, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Las Vegas Valley Public Land and Tule Springs Fossil Beds National Monument 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. Tule Springs Fossil Beds National Monument. Sec. 3. Addition of land to Red Rock Canyon National Conservation Area. Sec. 4. Conveyance of Bureau of Land Management land to North Las Vegas. Sec. 5. Conveyance of Bureau of Land Management land to Las Vegas. Sec. 6. Expansion of conveyance to Las Vegas Metropolitan Police Department. Sec. 7. Spring Mountains National Recreation Area withdrawal. Sec. 8. Southern Nevada Public Land Management Act of 1998 amendments. Sec. 9. Conveyance of land to the Nevada System of Higher Education. Sec. 10. Land Conveyance for Southern Nevada Supplemental Airport. Sec. 11. Sunrise Mountain Instant Study Area release. Sec. 12. Nellis Dunes Off-Highway Vehicle Recreation Area. Sec. 13. Conveyance of land for Nellis Air Force Base. Sec. 14. Military overflights. 2. Tule Springs Fossil Beds National Monument (a) Findings Congress finds that— (1) since 1933, the Upper Las Vegas Wash has been valued by scientists because of the significant paleontological resources demonstrative of the Pleistocene Epoch that are located in the area; (2) in 2004, during the preparation of the Las Vegas Valley Disposal Boundary Final Environmental Impact Statement, the Bureau of Land Management identified sensitive biological, cultural, and paleontological resources determined to be worthy of more evaluation with respect to the protective status of the resources; (3) the Upper Las Vegas Wash contains thousands of paleontological resources from the Pleistocene Epoch that are preserved in a unique geological context that are of national importance, including Columbian mammoth, ground sloth, American lion, camels, and horse fossils; (4) in addition to Joshua trees and several species of cacti, the Las Vegas buckwheat, Merriam’s bearpoppy, and the Las Vegas bearpoppy are 3 unique and imperiled plants that are supported in the harsh desert environment of Tule Springs; (5) the area provides important habitat for threatened desert tortoise, endemic poppy bees, kit foxes, burrowing owls, LeConte’s thrasher, phainopepla, and a variety of reptiles; (6) in studies of the area conducted during the last decade, the Bureau of Land Management and National Park Service determined that the area likely contains the longest continuous section of Pleistocene strata in the desert southwest, which span multiple important global climate cooling and warming episodes; (7) the Upper Las Vegas Wash is significant to the culture and history of the native and indigenous people of the area, including the Southern Paiute Tribe; (8) despite the findings of the studies and recommendations for further assessment of the resources for appropriate methods of protection— (A) the area remains inadequately protected; and (B) many irreplaceable fossil specimens in the area have been lost to vandalism or theft; and (9) designation of the Upper Las Vegas Wash site as a National Monument would protect the unique fossil resources of the area and the geological context of those resources for present and future generations while allowing for public education and continued scientific research opportunities. (b) Definitions In this section: (1) Council The term Council means the Tule Springs Fossil Beds National Monument Advisory Council established by subsection (g)(1). (2) County The term County means Clark County, Nevada. (3) Local government The term local government means the City of Las Vegas, City of North Las Vegas, or the County. (4) Management plan The term management plan means the management plan for the Monument developed under subsection (d)(5). (5) Map The term Map means the map entitled North Las Vegas Valley Overview and dated April 30, 2013. (6) Monument The term Monument means the Tule Springs Fossil Beds National Monument established by subsection (c)(1). (7) Public land The term public land has the meaning given the term public lands in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 ). (8) Public water agency The term public water agency means a regional wholesale water provider that is engaged in the acquisition of water on behalf of, or the delivery of water to, water purveyors who are member agencies of the public water agency. (9) Qualified electric utility The term qualified electric utility means any public or private utility determined by the Secretary to be technically and financially capable of developing the transmission line. (10) Secretary The term Secretary means the Secretary of the Interior. (11) State The term State means the State of Nevada. (c) Establishment (1) In general In order to conserve, protect, interpret, and enhance for the benefit of present and future generations the unique and nationally important paleontological, scientific, educational, and recreational resources and values of the land described in this subsection, there is established in the State, subject to valid existing rights, the Tule Springs Fossil Beds National Monument. (2) Boundaries The Monument shall consist of approximately 22,650 acres of public land in the County within the boundaries generally depicted on the Map. (3) Map; legal description (A) In general As soon as practicable after the date of enactment of this Act, the Secretary shall prepare an official map and legal description of the boundaries of the Monument. (B) Legal effect The map and legal description prepared under subparagraph (A) shall have the same force and effect as if included in this section, except that the Secretary may correct any clerical or typographical errors in the legal description or the map. (C) Availability of map and legal description The map and legal description prepared under subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management and the National Park Service. (4) Acquisition of land (A) In general Subject to subparagraph (B), the Secretary may acquire land or interests in land within or adjacent to the boundaries of the Monument by donation, purchase with donated or appropriated funds, exchange, or transfer from another Federal agency. (B) Limitation Land or interests in land that are owned by the State or a political subdivision of the State may be acquired under subparagraph (A) only by donation or exchange. (5) Withdrawals Subject to valid existing rights and subsections (e) and (f), any land within the Monument or any land or interest in land that is acquired by the United States for inclusion in the Monument after the date of enactment of this Act is withdrawn from— (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) operation of the mineral leasing laws, geothermal leasing laws, and minerals materials laws. (6) Relationship to clark county multi-species habitat conservation plan (A) Amendment to plan The Secretary shall credit, on an acre-for-acre basis, approximately 22,650 acres of the land conserved for the Monument under this Act toward the development of additional non-Federal land within the County through an amendment to the Clark County Multi-Species Habitat Conservation Plan. (B) Effect on plan Nothing in this Act otherwise limits, alters, modifies, or amends the Clark County Multi-Species Habitat Conservation Plan. (d) Administration (1) Transfer of administrative jurisdiction Administrative jurisdiction over the approximately 22,650 acres of public land depicted on the Map as Tule Springs Fossil Bed National Monument is transferred from the Bureau of Land Management to the National Park Service. (2) Management The Secretary shall— (A) allow only such uses of the Monument that— (i) are consistent with this section; (ii) the Secretary determines would further the purposes of the Monument; and (iii) are consistent with existing rights of previously authorized water facility and high voltage transmission facility rights-of-way and any rights-of-way issued under this Act, including the operation, maintenance, replacement, and repair and repair of the facility; and (B) manage the Monument— (i) in a manner that conserves, protects, interprets, and enhances the resources and values of the Monument; and (ii) in accordance with— (I) this section; (II) the provisions of laws generally applicable to units of the National Park System (including the National Park Service Organic Act ( 16 U.S.C. 1 et seq. )); and (III) any other applicable laws. (3) Buffer zones The establishment of the Monument shall not— (A) lead to the creation of express or implied protective perimeters or buffer zones around or over the Monument; (B) preclude disposal or development of public land adjacent to the boundaries of the Monument, if the disposal or development is consistent with other applicable law; (C) preclude an activity on, or use of, private land adjacent to the boundaries of the Monument, if the activity or use is consistent with other applicable law; or (D) directly or indirectly subject an activity on, or use of, private land, to additional regulation, if the activity or use is consistent with other applicable law. (4) Air and water quality Nothing in this Act alters the standards governing air or water quality outside the boundary of the Monument. (5) Management plan (A) In general Not later than 3 years after the date of enactment of this Act, the Secretary shall develop a management plan that provides for the long-term protection and management of the Monument. (B) Components The management plan— (i) shall, consistent with this section and the purposes of the Monument— (I) describe the resources at the Monument that are to be protected; (II) describe the appropriate uses and management of the Monument; (III) allow for continued scientific research at the Monument; and (IV) include a travel management plan that may include existing public transit; and (ii) may— (I) incorporate any appropriate decisions contained in an existing management or activity plan for the land designated as the Monument under subsection (c)(1); and (II) use information developed in any study of land within, or adjacent to, the boundary of the Monument that was conducted before the date of enactment of this Act. (C) Public process In preparing the management plan, the Secretary shall— (i) consult with, and take into account the comments and recommendations of, the Council; (ii) provide an opportunity for public involvement in the preparation and review of the management plan, including holding public meetings; (iii) consider public comments received as part of the public review and comment process of the management plan; and (iv) consult with governmental and nongovernmental stakeholders involved in establishing and improving the regional trail system to incorporate, where appropriate, trails in the Monument that link to the regional trail system. (6) Interpretation, education, and scientific research (A) In general The Secretary shall provide for public interpretation of, and education and scientific research on, the paleontological resources of the Monument, with priority given to exhibiting and curating the resources. (B) Cooperative agreements The Secretary may enter into cooperative agreements with the State, political subdivisions of the State, nonprofit organizations, and appropriate public and private entities to carry out subparagraph (A). (e) Renewable energy transmission facilities (1) In general On receipt of a complete application from a qualified electric utility, the Secretary, in accordance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), shall issue to the qualified electric utility a 400-foot right-of-way for the construction and maintenance of high-voltage transmission facilities depicted on the Map as Renewable Energy Transmission Corridor if the high-voltage transmission facilities do not conflict with other previously authorized rights-of-way within the corridor. (2) Requirements (A) In general The high-voltage transmission facilities shall— (i) be used— (I) primarily, to the maximum extent practicable, for renewable energy resources; and (II) to meet reliability standards set by the North American Electric Reliability Corporation, the Western Electricity Coordinating Council, or the public utilities regulator of the State; and (ii) employ best management practices identified as part of the compliance of the Secretary with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) to limit impacts on the Monument, including impacts to the viewshed. (B) Capacity The Secretary shall consult with the qualified electric utility that is issued the right-of-way under paragraph (1) and the public utilities regulator of the State to seek to maximize the capacity of the high-voltage transmission facilities. (3) Terms and conditions The issuance of a notice to proceed on the construction of the high-voltage transmission facilities within the right-of-way under paragraph (1) shall be subject to terms and conditions that the Secretary (in consultation with the qualified electric utility), as part of the compliance of the Secretary with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), determines appropriate to protect and conserve the resources for which the Monument is managed. (4) Expiration of right-of-way The right-of-way issued under paragraph (1) shall expire on the date that is 15 years after the date of enactment of this Act if construction of the high-voltage transmission facilities described in paragraph (1) has not been initiated by that date, unless the Secretary determines that it is in the public interest to continue the right-of-way. (f) Water conveyance facilities (1) Water conveyance facilities corridor (A) In general On receipt of 1 or more complete applications from a public water agency and except as provided in subparagraph (B), the Secretary, in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), shall issue to the public water agency a 100-foot right-of-way for the construction, maintenance, repair, and replacement of a buried water conveyance pipeline and associated facilities within the Water Conveyance Facilities Corridor and the Renewable Energy Transmission Corridor depicted on the Map. (B) Limitation A public water agency right-of-way shall not be granted under subparagraph (A) within the portion of the Renewable Energy Transmission Corridor that is located along the Moccasin Drive alignment, which is generally between T. 18 S. and T. 19 S., Mount Diablo Baseline and Meridian. (2) Buried water conveyance pipeline On receipt of 1 or more complete applications from a unit of local government or public water agency, the Secretary, in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), shall issue to the unit of local government or public water agency a 100-foot right-of-way for the construction, operation, maintenance, repair, and replacement of a buried water conveyance pipeline to access the existing buried water pipeline turnout facility and surge tank located in the NE 1/4 sec. 16 of T. 19 S. and R. 61 E. (3) Requirements (A) Best management practices The water conveyance facilities shall employ best management practices identified as part of the compliance of the Secretary with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) to limit the impacts of the water conveyance facilities on the Monument. (B) Consultations The water conveyance facilities within the Renewable Energy Transmission Corridor shall be sited in consultation with the qualified electric utility to limit the impacts of the water conveyance facilities on the high-voltage transmission facilities. (4) Terms and conditions The issuance of a notice to proceed on the construction of the water conveyance facilities within the right-of-way under paragraph (1) shall be subject to any terms and conditions that the Secretary, in consultation with the public water agency, as part of the compliance of the Secretary with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), determines appropriate to protect and conserve the resources for which the Monument is managed. (g) Tule springs fossil beds national monument advisory council (1) Establishment To provide guidance for the management of the Monument, there is established the Tule Springs Fossil Beds National Monument Advisory Council. (2) Membership (A) Composition The Council shall consist of 13 members, to be appointed by the Secretary, of whom— (i) 1 member shall be a member of, or be nominated by, the County Commission; (ii) 1 member shall be a member of, or be nominated by, the city council of Las Vegas, Nevada; (iii) 1 member shall be a member of, or be nominated by, the city council of North Las Vegas, Nevada; (iv) 1 member shall be a member of, or be nominated by, the tribal council of the Las Vegas Paiute Tribe; (v) 1 member shall be a representative of the conservation community in southern Nevada; (vi) 1 member shall be a representative of, or be nominated by, the Director of the Bureau of Land Management; (vii) 1 member shall be a representative of, or be nominated by, the Director of the United States Fish and Wildlife Service; (viii) 1 member shall be a representative of, or be nominated by, the Director of the National Park Service; (ix) 1 member shall be a representative of Nellis Air Force Base; (x) 1 member shall be nominated by the State; (xi) 1 member shall reside in the County and have a background that reflects the purposes for which the Monument was established; and (xii) 2 members shall reside in the County or adjacent counties, both of whom shall have experience in the field of paleontology, obtained through higher education, experience, or both. (B) Initial appointment Not later than 180 days after the date of enactment of this Act, the Secretary shall appoint the initial members of the Council in accordance with subparagraph (A). (3) Duties of the council The Council shall advise the Secretary with respect to— (A) the preparation and implementation of the management plan; and (B) other issues related to the management of the Monument (including budgetary matters). (4) Compensation Members of the Council shall receive no compensation for serving on the Council. (5) Chairperson (A) In general Subject to subparagraph (B), the Council shall elect a Chairperson from among the members of the Council. (B) Limitation The Chairperson shall not be a member of a Federal or State agency. (C) Term The term of the Chairperson shall be 3 years. (6) Term of members (A) In general The term of a member of the Council shall be 3 years. (B) Successors Notwithstanding the expiration of a 3-year term of a member of the Council, a member may continue to serve on the Council until— (i) the member is reappointed by the Secretary; or (ii) a successor is appointed. (7) Vacancies (A) In general A vacancy on the Council shall be filled in the same manner in which the original appointment was made. (B) Appointment for remainder of term A member appointed to fill a vacancy on the Council— (i) shall serve for the remainder of the term for which the predecessor was appointed; and (ii) may be nominated for a subsequent term. (8) Termination Unless an extension is jointly recommended by the Director of the National Park Service and the Director of the Bureau of Land Management, the Council shall terminate on the date that is 6 years after the date of enactment of this Act. (h) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. 3. Addition of land to Red Rock Canyon National Conservation Area (a) Definitions In this section: (1) Conservation area The term Conservation Area means the Red Rock Canyon National Conservation Area established by the Red Rock Canyon National Conservation Area Establishment Act of 1990 ( 16 U.S.C. 460ccc et seq. ). (2) Map The term map means the map entitled North Las Vegas Valley Overview and dated April 30, 2013. (3) Secretary The term Secretary means the Secretary of the Interior, acting through the Bureau of Land Management. (b) Addition of land to conservation area (1) In general The Conservation Area is expanded to include the land depicted on the map as Additions to Red Rock NCA . (2) Management plan Not later than 2 years after the date on which the land is acquired, the Secretary shall update the management plan for the Conservation Area to reflect the management requirements of the acquired land. (3) Map and legal description (A) In general As soon as practicable after the date of enactment of this Act, the Secretary shall finalize the legal description of the parcel to be conveyed under this section. (B) Minor errors The Secretary may correct any minor error in— (i) the map; or (ii) the legal description. (C) Availability The map and legal description shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. 4. Conveyance of Bureau of Land Management land to North Las Vegas (a) Definitions In this section: (1) Map The term map means the map entitled North Las Vegas Valley Overview and dated April 30, 2013. (2) North las vegas The term North Las Vegas means the city of North Las Vegas, Nevada. (3) Secretary The term Secretary means the Secretary of the Interior, acting through the Bureau of Land Management. (b) Conveyance As soon as practicable after the date of enactment of this Act and subject to valid existing rights, the Secretary shall convey to North Las Vegas, without consideration, all right, title, and interest of the United States in and to the land described in subsection (c). (c) Description of land The land referred to in subsection (b) consists of the land managed by the Bureau of Land Management described on the map as the North Las Vegas Job Creation Zone (including the interests in the land). (d) Map and legal description (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall finalize the legal description of the parcel to be conveyed under this section. (2) Minor errors The Secretary may correct any minor error in— (A) the map; or (B) the legal description. (3) Availability The map and legal description shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (e) Use of land for nonresidential development (1) In general North Las Vegas may sell, lease, or otherwise convey any portion of the land described in subsection (c) for nonresidential development. (2) Method of sale The sale, lease, or conveyance of land under paragraph (1) shall be carried out— (A) through a competitive bidding process; and (B) for not less than fair market value. (3) Fair market value The Secretary shall determine the fair market value of the land under paragraph (2)(B) based on an appraisal that is performed in accordance with— (A) the Uniform Appraisal Standards for Federal Land Acquisitions; (B) the Uniform Standards of Professional Appraisal Practices; and (C) any other applicable law (including regulations). (4) Disposition of proceeds The gross proceeds from the sale, lease, or conveyance of land under paragraph (1) shall be distributed in accordance with section 4(e) of the Southern Nevada Public Land Management Act of 1998 (Public Law 105–263; 112 Stat. 2345; 116 Stat. 2007; 117 Stat. 1317; 118 Stat. 2414; 120 Stat. 3045). (f) Use of land for recreation or other public purposes (1) In general North Las Vegas may retain a portion of the land described in subsection (c) for public recreation or other public purposes consistent with the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act ) ( 43 U.S.C. 869 et seq. ) by providing written notice of the election to the Secretary. (2) Revocation If North Las Vegas retains land for public recreation or other public purposes under paragraph (1), North Las Vegas may— (A) revoke that election; and (B) sell, lease, or convey the land in accordance with subsection (e). (g) Administrative costs North Las Vegas shall pay all appraisal costs, survey costs, and other administrative costs necessary for the preparation and completion of any patents for, and transfers of title to, the land described in subsection (c). (h) Reversion (1) In general If any parcel of land described in subsection (c) is not conveyed for nonresidential development under this section or reserved for recreation or other public purposes under subparagraph (f) by the date that is 30 years after the date of enactment of this Act, the parcel of land shall, at the discretion of the Secretary, revert to the United States. (2) Inconsistent use If North Las Vegas uses any parcel of land described in subsection (c) in a manner that is inconsistent with this section— (A) at the discretion of the Secretary, the parcel shall revert to the United States; or (B) if the Secretary does not make an election under subparagraph (A), North Las Vegas shall sell the parcel of land in accordance with this section. 5. Conveyance of Bureau of Land Management land to Las Vegas (a) Definitions In this section: (1) Las vegas The term Las Vegas means the city of Las Vegas, Nevada. (2) Map The term map means the map entitled North Las Vegas Valley Overview and dated April 30, 2013. (3) Secretary The term Secretary means the Secretary of the Interior, acting through the Bureau of Land Management. (b) In general As soon as practicable after the date of enactment of this Act, subject to valid existing rights, and notwithstanding the land use planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 , 1713), the Secretary shall convey to Las Vegas, without consideration, all right, title, and interest of the United States in and to the land described in subsection (c). (c) Description of land The land referred to in subsection (b) consists of land managed by the Bureau of Land Management described on the map as Las Vegas Job Creation Zone (including interests in the land). (d) Map and legal description (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall finalize the legal description of the parcel to be conveyed under this section. (2) Minor errors The Secretary may correct any minor error in— (A) the map; or (B) the legal description. (3) Availability The map and legal description shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (e) Use of land (1) In general Las Vegas may sell, lease, or otherwise convey any portion of the land described in subsection (c) for nonresidential development. (2) Method of sale The sale, lease, or conveyance of land under paragraph (1) shall be carried out, after consultation with the Las Vegas Paiute Tribe— (A) through a competitive bidding process; and (B) for not less than fair market value. (3) Fair market value The Secretary shall determine the fair market value of the land under paragraph (2)(B) based on an appraisal that is performed in accordance with— (A) the Uniform Appraisal Standards for Federal Land Acquisitions; (B) the Uniform Standards of Professional Appraisal Practices; and (C) any other applicable law (including regulations). (4) Disposition of proceeds The gross proceeds from the sale, lease, or conveyance of land under paragraph (1) shall be distributed in accordance with section 4(e) of the Southern Nevada Public Land Management Act of 1998 (Public Law 105–263; 112 Stat. 2345; 116 Stat. 2007; 117 Stat. 1317; 118 Stat. 2414; 120 Stat. 3045). (f) Use of land for recreation or other public purposes (1) In general Las Vegas may retain a portion of the land described in subsection (c) for public recreation or other public purposes consistent with the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act ) ( 43 U.S.C. 869 et seq. ) by providing written notice of the election to the Secretary. (2) Revocation If Las Vegas retains land for public recreation or other public purposes under paragraph (1), Las Vegas may— (A) revoke that election; and (B) sell, lease, or convey the land in accordance with subsection (e). (g) Administrative costs Las Vegas shall pay all appraisal costs, survey costs, and other administrative costs necessary for the preparation and completion of any patents for, and transfers of title to, the land described in subsection (c). (h) Reversion (1) In general If any parcel of land described in subsection (c) is not conveyed for nonresidential development under this section or reserved for recreation or other public purposes under subsection (f) by the date that is 30 years after the date of enactment of this Act, the parcel of land shall, at the discretion of the Secretary, revert to the United States. (2) Inconsistent use If Las Vegas uses any parcel of land described in subsection (c) in a manner that is inconsistent with this section— (A) at the discretion of the Secretary, the parcel shall revert to the United States; or (B) if the Secretary does not make an election under subparagraph (A), Las Vegas shall sell the parcel of land in accordance with this section. 6. Expansion of conveyance to Las Vegas Metropolitan Police Department Section 703 of the Clark County Conservation of Public Land and Natural Resources Act of 2002 ( Public Law 107–282 ; 116 Stat. 2013) is amended by inserting before the period at the end the following: and the parcel of land identified as Conveyance to Las Vegas for Police Shooting Range Access on the map entitled North Las Vegas Valley Overview , and dated April 30, 2013 . 7. Spring Mountains National Recreation Area withdrawal Section 8 of the Spring Mountains National Recreation Area Act ( 16 U.S.C. 460hhh–6 ) is amended— (1) in subsection (a), by striking for lands described and inserting as provided ; and (2) by striking subsection (b) and inserting the following: (b) Exceptions (1) In general Notwithstanding subsection (a), W 1/2 E 1/2 and W 1/2 sec. 27, T. 23 S., R. 58 E., Mt. Diablo Meridian is not subject to withdrawal under that subsection. (2) Effect of entry under public land laws Notwithstanding paragraph (1) of subsection (a), the following are not subject to withdrawal under that paragraph: (A) Any Federal land in the Recreation Area that qualifies for conveyance under Public Law 97–465 (commonly known as the Small Tracts Act ) (16 U.S.C. 521c et seq.), which, notwithstanding section 7 of that Act ( 16 U.S.C. 521i ), may be conveyed under that Act. (B) Any Federal land in the Recreation Area that the Secretary determines to be appropriate for conveyance by exchange for non-Federal land within the Recreation Area under authorities generally providing for the exchange of National Forest System land. . 8. Southern Nevada Public Land Management Act of 1998 amendments Section 4 of the Southern Nevada Public Land Management Act of 1998 ( Public Law 105–263 ; 112 Stat. 2344; 116 Stat. 2007) is amended— (1) in the first sentence of subsection (a), by striking dated October 1, 2002 and inserting dated April 30, 2013 ; and (2) in subsection (g), by adding at the end the following: (5) Notwithstanding paragraph (4), subject to paragraphs (1) through (3), Clark County may convey to a unit of local government or regional governmental entity, without consideration, land located within the Airport Environs Overlay District (as of the date of enactment of this paragraph) if the land is used for a water or wastewater treatment facility or any other public purpose consistent with uses allowed under the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act ) ( 43 U.S.C. 869 et seq. ), provided that if the conveyed land is used for a purpose other than a public purpose, paragraph (4) would apply to the conveyance. . 9. Conveyance of land to the Nevada System of Higher Education (a) Definitions In this section: (1) Board of regents The term Board of Regents means the Board of Regents of the Nevada System of Higher Education. (2) Campuses The term Campuses means the Great Basin College, College of Southern Nevada, and University of Las Vegas, Nevada, campuses. (3) Federal land The term Federal land means each of the 3 parcels of Bureau of Land Management land identified on the maps as Parcel to be Conveyed , of which— (A) approximately 40 acres is to be conveyed for the College of Southern Nevada; (B) approximately 2,085 acres is to be conveyed for the University of Nevada, Las Vegas; and (C) approximately 285 acres is to be conveyed for the Great Basin College. (4) Secretary The term Secretary means the Secretary of the Interior. (5) State The term State means the State of Nevada. (6) System The term System means the Nevada System of Higher Education. (b) Conveyances of Federal land to the system (1) Conveyances Notwithstanding section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) and section 1(c) of the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act ) ( 43 U.S.C. 869(c) ) and subject to all valid existing rights, the Secretary shall— (A) not later than 180 days after the date of enactment of this Act, convey to the System, without consideration, all right, title, and interest of the United States in and to— (i) the Federal land identified on the map entitled Great Basin College Land Conveyance and dated June 26, 2012, for the Great Basin College; and (ii) the Federal land identified on the map entitled College of Southern Nevada Land Conveyance and dated June 26, 2012, for the College of Southern Nevada, subject to the requirement that, as a precondition of the conveyance, the Board of Regents shall, by mutual assent, enter into a binding development agreement with the City of Las Vegas that— (I) provides for the orderly development of the Federal land to be conveyed under this subclause; and (II) complies with State law; and (B) convey to the System, without consideration, all right, title, and interest of the United States in and to the Federal land identified on the map entitled North Las Vegas Valley Overview and dated April 30, 2013, for the University of Nevada, Las Vegas, if the area identified as Potential Utility Schedule on the map is reserved for use for a potential 400-foot utility corridor of certain rights-of-way for transportation and public utilities. (2) Conditions (A) In general As a condition of the conveyance under paragraph (1), the Board of Regents shall agree in writing— (i) to pay any administrative costs associated with the conveyance, including the costs of any environmental, wildlife, cultural, or historical resources studies; (ii) to use the Federal land conveyed for educational and recreational purposes; (iii) to release and indemnify the United States from any claims or liabilities that may arise from uses carried out on the Federal land on or before the date of enactment of this Act by the United States or any person; and (iv) to assist the Bureau of Land Management in providing information to the students of the System and the citizens of the State on— (I) public land (including the management of public land) in the Nation; and (II) the role of the Bureau of Land Management in managing, preserving, and protecting the public land in the State. (B) Agreement with nellis air force base (i) In general The Federal land conveyed to the System under paragraph (1)(B) shall be used in accordance with the agreement entitled the Cooperative Interlocal Agreement between the Board of Regents of the Nevada System of Higher Education, on Behalf of the University of Nevada, Las Vegas, and the 99th Air Base Wing, Nellis Air Force Base, Nevada and dated June 19, 2009. (ii) Modifications Any modifications to the agreement described in clause (i) or any related master plan shall require the mutual assent of the parties to the agreement. (iii) Limitation In no case shall the use of the Federal land conveyed under paragraph (1)(B) compromise the national security mission or avigation rights of Nellis Air Force Base. (3) Use of Federal land The System may use the Federal land conveyed under paragraph (1) for any public purposes consistent with uses allowed under the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act ) ( 43 U.S.C. 869 et seq. ). (4) Reversion (A) In general If the Federal land or any portion of the Federal land conveyed under paragraph (1) ceases to be used for the System, the Federal land, or any portion of the Federal land shall, at the discretion of the Secretary, revert to the United States. (B) University of nevada, las vegas If the System fails to complete the first building or show progression toward development of the University of Nevada, Las Vegas campus on the applicable parcels of Federal land by the date that is 50 years after the date of receipt of certification of acceptable remediation of environmental conditions, the parcels of the Federal land described in subsection (a)(3)(B) shall, at the discretion of the Secretary, revert to the United States. (C) College of southern nevada If the System fails to complete the first building or show progression toward development of the College of Southern Nevada campus on the applicable parcels of Federal land by the date that is 12 years after the date of conveyance of the applicable parcels of Federal land to the College of Southern Nevada, the parcels of the Federal land described in subsection (a)(3)(A) shall, at the discretion of the Secretary, revert to the United States. (c) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. 10. Land Conveyance for Southern Nevada Supplemental Airport (a) Definitions In this section: (1) County The term County means Clark County, Nevada. (2) Map The term Map means the map entitled Land Conveyance for Southern Nevada Supplemental Airport and dated June 26, 2012. (3) Secretary The term Secretary means the Secretary of the Interior. (b) Land conveyance (1) In general As soon as practicable after the date described in paragraph (2), subject to valid existing rights and paragraph (3), and notwithstanding the land use planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 , 1713), the Secretary shall convey to the County, without consideration, all right, title, and interest of the United States in and to the land described in subsection (c). (2) Date on which conveyance may be made The Secretary shall not make the conveyance described in paragraph (1) until the later of the date on which the Administrator of the Federal Aviation Administration has— (A) approved an airport layout plan for an airport to be located in the Ivanpah Valley; and (B) with respect to the construction and operation of an airport on the site conveyed to the County pursuant to section 2(a) of the Ivanpah Valley Airport Public Lands Transfer Act ( Public Law 106–362 ; 114 Stat. 1404), issued a record of decision after the preparation of an environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (3) Reservation of mineral rights In conveying the public land under paragraph (1), the Secretary shall reserve the mineral estate, except for purposes related to flood mitigation (including removal from aggregate flood events). (4) Withdrawal Subject to valid existing rights, the public land to be conveyed under paragraph (1) is withdrawn from— (A) location, entry, and patent under the mining laws; and (B) operation of the mineral leasing and geothermal leasing laws. (5) Use The public land conveyed under paragraph (1) shall be used for the development of flood mitigation infrastructure for the Southern Nevada Supplemental Airport. (6) Reversion and reentry (A) In general If the land conveyed to the County under the Ivanpah Valley Airport Public Lands Transfer Act ( Public Law 106–362 ; 114 Stat. 1404) reverts to the United States, the land conveyed to the County under this section shall revert, at the option of the Secretary, to the United States. (B) Use of land If the Secretary determines that the County is not using the land conveyed under this section for a purpose described in paragraph (4), all right, title, and interest of the County in and to the land shall revert, at the option of the Secretary, to the United States. (c) Description of land The land referred to in subsection (b) consists of the approximately 2,320 acres of land managed by the Bureau of Land Management and described on the map as the Conveyance Area . (d) Map and legal description (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall prepare an official legal description and map of the parcel to be conveyed under this section. (2) Minor errors The Secretary may correct any minor error in— (A) the map; or (B) the legal description. (3) Availability The map and legal description shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. 11. Sunrise Mountain Instant Study Area release (a) Finding Congress finds that for the purposes of section 603 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782 ), the public land in Clark County, Nevada, administered by the Bureau of Land Management in the Sunrise Mountain Instant Study Area has been adequately studied for wilderness designation. (b) Release Any public land described in subsection (a) that is not designated as wilderness— (1) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ); and (2) shall be managed in accordance with land management plans adopted under section 202 of that Act ( 43 U.S.C. 1712 ). (c) Post release land use approvals Recognizing that the area released under subsection (b) presents unique opportunities for the granting of additional rights-of-way, including for high voltage transmission facilities, the Secretary of the Interior may accommodate multiple applicants within a particular right-of-way. 12. Nellis Dunes Off-Highway Vehicle Recreation Area (a) Definitions In this section: (1) City The term City means the city of North Las Vegas, Nevada. (2) County The term County means Clark County, Nevada. (3) Economic support area The term Economic Support Area means the land identified on the map as the Economic Support Area . (4) Federal land The term Federal land means the approximately 1,211 acres of Federal land in the County, as depicted on the map. (5) Map The term map means the map entitled Nellis Dunes Off-Highway Vehicle Recreation Area and dated April 30, 2013. (6) Nellis dunes recreation area The term Nellis Dunes Recreation Area means the Nellis Dunes Off-Highway Vehicle Recreation Area identified on the map as Nellis Dunes OHV Recreation Area . (7) Net proceeds The term net proceeds means the amount that is equal to the difference between— (A) the amount of gross revenues received by the County from any activities at the Economic Support Area; and (B) the total amount expended by the County (or a designee of the County) for capital improvements to each of the Economic Support Area and the Nellis Dunes Recreation Area, provided that the capital improvements shall not exceed 80 percent of the total gross proceeds. (8) Secretary The term Secretary means the Secretary of the Interior. (9) State The term State means the State of Nevada. (b) Conveyance of Federal land to clark county, nevada (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall convey to the County, subject to valid existing rights and paragraph (2), without consideration, all right, title, and interest of the United States in and to the parcels of Federal land. (2) Reservation of mineral estate In conveying the parcels of Federal land under paragraph (1), the Secretary shall reserve the mineral estate, except for purposes related to flood mitigation (including removal from aggregate flood events). (3) Use of Federal land (A) In general The parcels of Federal land conveyed under paragraph (1)— (i) shall be used by the County— (I) to provide a suitable location for the establishment of a centralized off-road vehicle recreation park in the County; (II) to provide the public with opportunities for off-road vehicle recreation, including a location for races, competitive events, training and other commercial services that directly support a centralized off-road vehicle recreation area and County park; and (III) to provide a designated area and facilities that would discourage unauthorized use of off-highway vehicles in areas that have been identified by the Federal Government, State government, or County government as containing environmentally sensitive land; and (ii) shall not be disposed of by the County. (B) Reversion If the County ceases to use any parcel of the Federal land for the purposes described in subparagraph (A)(i) or subparagraph (D)— (i) title to the parcel shall revert to the United States, at the option of the United States; and (ii) the County shall be responsible for any reclamation necessary to revert the parcel to the United States. (C) Renewable and solar energy (i) In general Subject to clauses (ii) and (iii), the parcels of Federal land conveyed to the County under paragraph (1) and the land conveyed to the County under section 1(c) of Public Law 107–350 (116 Stat. 2975), may be used for the incidental purpose of generating renewable energy and solar energy for use by the Clark County Off Highway Vehicle Recreation Park, the shooting park authorized under that Act, and the County. (ii) Limitation Any project authorized under clause (i) shall not interfere with the national security mission of Nellis Air Force Base or any other military operation. (iii) Required consultation Before the construction of any proposed project under clause (i), the project proponent shall consult with the Secretary of Defense or a designee of the Secretary of Defense. (D) Future conveyances Any future conveyance of Federal land for addition to the Clark County Off Highway Vehicle Park or the Nellis Dunes Recreation Area shall be subject to— (i) the binding interlocal agreement under paragraph (4)(B); and (ii) the aviation easement requirements under paragraph (7). (E) Management plan The Secretary of the Air Force and the County, may develop a special management plan for the Federal land— (i) to enhance public safety and safe off-highway vehicle recreation use in the Nellis Dunes Recreation Area; (ii) to ensure compatible development with the mission requirements of the Nellis Air Force Base; and (iii) to avoid and mitigate known public health risks associated with off-highway vehicle use in the Nellis Dunes Recreation Area. (4) Economic support area (A) Designation There is designated the Economic Support Area. (B) Interlocal agreement (i) In general Before the Economic Support Area may be developed, the City and County shall enter into an interlocal agreement regarding the development of the Economic Support Area. (ii) Limitation of agreement In no case shall the interlocal agreement under this subparagraph compromise or interfere with the aviation rights provided under paragraph (7) and subsection (c)(3). (C) Use of proceeds Of the net proceeds from the development of the Economic Support Area, the County shall— (i) annually deposit 50 percent in a special account in the Treasury, to be used by the Secretary for the development, maintenance, operations, and environmental restoration and mitigation of the Nellis Dunes Recreation Area; and (ii) retain 50 percent, to be used by the County— (I) to pay for capital improvements that are not covered by subsection (a)(7)(B); and (II) to maintain and operate the park established under paragraph (3)(A)(i)(I). (5) Agreement with nellis air force base (A) In general Before the Federal land may be conveyed to the County under paragraph (1), the Clark County Board of Commissioners and Nellis Air Force Base shall enter into an interlocal agreement for the Federal land and the Nellis Dunes Recreation Area— (i) to enhance safe off-highway recreation use; and (ii) to ensure that development of the Federal land is consistent with the long-term mission requirements of Nellis Air Force Base. (B) Limitation The use of the Federal land conveyed under paragraph (1) shall not compromise the national security mission or aviation rights of Nellis Air Force Base. (6) Additional terms and conditions With respect to the conveyance of Federal land under paragraph (1), the Secretary may require such additional terms and conditions as the Secretary considers to be appropriate to protect the interests of the United States. (7) Aviation easement (A) In general Each deed entered into for the conveyance of the Federal land shall contain a perpetual aviation easement reserving to the United States all rights necessary to preserve free and unobstructed overflight in and through the airspace above, over, and across the surface of the Federal land conveyed under subsection (b)(1) for the passage of aircraft owned or operated by any Federal agency or other Federal entity. (B) Requirements Each easement described in subparagraph (A) shall include such terms and conditions as the Secretary of the Air Force determines to be necessary to comply with subparagraph (A). (c) Designation of the nellis dunes national off-Highway vehicle recreation area (1) In general The approximately 10,000 acres of land identified as Nellis Dunes in the Bureau of Land Management Resource Management Plan shall be known and designated as the Nellis Dunes Off-Highway Vehicle Recreation Area . (2) Management plan The Director of the Bureau of Land Management may develop a special management plan for the Nellis Dunes Recreation Area to enhance the safe use of off-highway vehicles for recreational purposes. (3) Aviation rights The aviation rights described in subsection (b)(7) shall apply to the Nellis Dunes Recreation Area. (d) Withdrawal and reservation of land for nellis air force base (1) Withdrawal Subject to valid existing rights and except as otherwise provided in this subsection— (A) the Federal land and interests in the Federal land identified on the map as Land to be withdrawn for Nellis Air Force Base are withdrawn from all forms of appropriation under the general land laws, including the mining, mineral leasing, and geothermal leasing laws; and (B) jurisdiction over the land and interest in land withdrawn and reserved by this subsection is transferred to the Secretary of the Air Force. (2) Reservation The land withdrawn under paragraph (1) is reserved for use by the Secretary of the Air Force for— (A) the enlargement and protection of Nellis Air Force Base; or (B) other defense-related purposes consistent with the purposes of this subsection. (3) Changes in use The Secretary of the Air Force shall consult with the Secretary before using the land withdrawn and reserved by this subsection for any purpose other than the purposes described in subsection (b)(3)(A)(i). (4) Easement The United States reserves— (A) a right of flight for the passage of aircraft in the airspace above the surface of the Federal land conveyed to the County; and (B) the right to cause in the airspace any noise, vibration, smoke, or other effects that may be inherent in the operation of aircraft landing at, or taking off from, Nellis Air Force Base. 13. Conveyance of land for Nellis Air Force Base (a) In general Administrative jurisdiction over the parcel of Federal land described in subsection (b) is transferred from the Bureau of Land Management to the Air Force for inclusion in Nellis Air Force Base. (b) Description of land The parcel of Federal land referred to in subsection (a) is the approximately 410 acres of land administered by the Bureau of Land Management and identified as Addition to Nellis Air Force Base on the map entitled North Las Vegas Valley Overview and dated April 30, 2013. 14. Military overflights (a) Findings Congress finds that— (1) military aircraft testing and training activities in the State of Nevada— (A) are an important part of the national defense system of the United States; and (B) are essential in order to secure an enduring and viable national defense system for the current and future generations of people of the United States; (2) the units of the National Park System and the additions to the Conservation Area established under this Act are located within a region critical to providing training, research, and development for the Armed Forces of the United States and allies of the Armed Forces; (3) there is a lack of alternative sites available for the military training, testing, and research activities being conducted in the State of Nevada; (4) continued use of the airspace in the State of Nevada is essential for military purposes; and (5) continuation of the military activities in the State of Nevada, under appropriate terms and conditions, is not incompatible with the protection and proper management of the natural, environmental, cultural, and other resources and values of Federal land in the State of Nevada. (b) Overflights Nothing in this Act or any other land management law applicable to a new unit of the National Park System or an addition to the Conservation Area designated by this Act shall restrict or preclude overflights, including— (1) low-level overflights of military aircraft over the Federal land; and (2) military overflights that can be seen or heard within the unit or Conservation Area. (c) Special airspace Nothing in this Act or any other land management law applicable to a new unit of the National Park or an addition to the Conservation Area designated by this Act shall restrict or preclude the designation of new units of special airspace or the use or establishment of military flight training routes over the unit or Conservation Area.

https://www.govinfo.gov/content/pkg/BILLS-113hr2015ih/xml/BILLS-113hr2015ih.xml

113-hr-2016

I 113th CONGRESS 1st Session H. R. 2016 IN THE HOUSE OF REPRESENTATIVES May 16, 2013 Mr. Benishek (for himself, Ms. Gabbard , Mr. Hanna , and Ms. Sinema ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to modify various authorities relating to procedures for courts-martial under the Uniform Code of Military Justice, and for other purposes. 1. Short title This Act may be cited as the Military Justice Improvement Act of 2013 . 2. Modification of authority to determine to proceed to trial by court-martial on charges on offenses with authorized maximum sentence of confinement of more than one year (a) Modification of authority (1) In general With respect to charges under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), that allege an offense, other than an offense specified in paragraph (2), that is triable by court-martial under that chapter for which the maximum punishment authorized under that chapter includes confinement for more than one year, the Secretary of Defense shall require the Secretaries of the military departments to provide for the determination under section 830(b) of such chapter (article 30(b) of the Uniform Code of Military Justice) on whether to try such charges by court-martial as provided in paragraph (3). (2) Excluded offenses Paragraph (1) does not apply to an offense as follows: (A) An offense under sections 883 through 891 of title 10, United States Code (articles 83 through 91 of the Uniform Code of Military Justice). (B) An offense under sections 893 through 917 of title 10, United States Code (articles 93 through 117 of the Uniform Code of Military Justice). (C) An offense under section 933 of title 10, United States Code (article 133 of the Uniform Code of Military Justice). (3) Requirements and limitations The disposition of charges pursuant to paragraph (1) shall be subject to the following: (A) The determination whether to try such charges by court-martial shall be made by a commissioned officer of the Armed Forces designated in accordance with regulations prescribed for purposes of this subsection from among commissioned officers of the Armed Forces in grade O–6 or higher who— (i) are available for detail as trial counsel under section 827 of title 10, United States Code (article 27 of the Uniform Code of Military Justice); (ii) have significant experience in trials by general or special court-martial; and (iii) are outside the chain of command of the member subject to such charges. (B) Upon a determination under subparagraph (A) to try such charges by court-martial, the officer making that determination shall determine whether to try such charges by a general court-martial convened under section 822 of title 10, United States Code (article 22 of the Uniform Code of Military Justice), or a special court-martial convened under section 823 of title 10, United States Code (article 23 of the Uniform Code of Military Justice). (C) The determination to try such charges by court-martial under subparagraph (A), and by type of court-martial under subparagraph (B), shall be binding on any applicable convening authority for a trial by court-martial on such charges. (D) The actions of an officer described in subparagraph (A) in determining under that subparagraph whether or not to try charges by court-martial shall be free of unlawful or unauthorized influence or coercion. (E) The determination under subparagraph (A) not to proceed to trial of such charges by general or special court-martial shall not operate to terminate or otherwise alter the authority of commanding officers to refer such charges for trial by summary court-martial convened under section 824 of title 10, United States Code (article 24 of the Uniform Code of Military Justice), or to impose non-judicial punishment in connection with the conduct covered by such charges as authorized by section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice). (4) Construction with charges on other offenses Nothing in this subsection shall be construed to alter or affect the disposition of charges under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), that allege an offense triable by court-martial under that chapter for which the maximum punishment authorized under that chapter includes confinement for one year or less. (5) Policies and procedures of the military departments (A) In general The Secretaries of the military departments shall revise policies and procedures as necessary to comply with this subsection. (B) Uniformity The General Counsel of the Department of Defense shall review the policies and procedures revised under this paragraph in order to ensure that any lack of uniformity in policies and procedures, as so revised, among the military departments does not render unconstitutional any policy or procedure, as so revised. (6) Manual for Courts-Martial The Secretary of Defense shall recommend such changes to the Manual for Courts-Martial as are necessary to ensure compliance with this subsection. (b) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Secretaries of the military departments, submit to Congress a report on the revisions of policies and procedures necessary to comply with subsection (a). The report shall include such recommendations for modifications to chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), and the Manual for Courts-Martial as the Secretary of Defense considers appropriate for that purpose. (c) Effective date and applicability Subsection (a), and the revisions required by that subsection, shall take effect on the date that is 180 days after the date of the enactment of this Act, and shall apply with respect to charges preferred under section 830 of title 10, United States Code (article 30 of the Uniform Code of Military Justice), on or after such effective date. 3. Modification of Manual for Courts-Martial to eliminate factor relating to character and military service of the accused in rule on initial disposition of offenses Not later than 180 days after the date of the enactment of this Act, Rule 306 of the Manual for Courts-Martial (relating to policy on initial disposition of offenses) shall be amended to strike the character and military service of the accused from the factors to be considered by the disposition authority in disposing of charges. 4. Modification of officers authorized to convene general and special courts-martial (a) In general Subsection (a) of section 822 of title 10, United States Code (article 22 of the Uniform Code of Military Justice), is amended— (1) by striking paragraphs (5) through (8); (2) by inserting after paragraph (4) the following new paragraph (5): (5) the officers in the offices established pursuant to section 4(c) of the Military Justice Improvement Act of 2013 or officers in the rank of O–6 or higher who are assigned such responsibility by the Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, or the Commandant of the Marine Corps; or ; and (3) by redesignating paragraph (9) as paragraph (6). (b) No exercise by officers in chain of command of accused or victim Such section (article) is further amended by adding at the end the following new subsection: (c) An officer specified in subsection (a)(5) may not convene a court-martial under this section if the person is in the chain of command of the accused or the victim. . (c) Offices of Chiefs of Staff on courts-Martial (1) Offices required Each Chief of Staff of the Armed Forces specified in paragraph (5) of section 822(a) of title 10, United States Code (article 22(a) of the Uniform Code of Military Justice), as amended by subsection (a), shall establish an office to do the following: (A) To convene general and special courts-martial under sections 822 and 823 of title 10, United States Code (articles 22 and 23 of the Uniform Code of Military Justice), pursuant to paragraph (5) of section 822(a) of title 10, United States Code (article 22(a) of the Uniform Code of Military Justice), as so amended. (B) To detail under section 826 of title 10, United States Code (article 26 of the Uniform Code of Military Justice), judges of courts-martial convened as described in subparagraph (A). (C) To detail under section 827 of title 10, United States Code (article 26 of the Uniform Code of Military Justice), members of courts-martial convened as described in subparagraph (A). (2) Personnel The personnel of each office established under paragraph (1) shall consist of such members of the Armed Forces and civilian personnel of the Department of Defense as may be detailed or assigned to the office by the Chief of Staff concerned. 5. Deadline for military judge to call general and special courts-martial into session In the case of trial by general or special court-martial of charges on an offense determined under section 2(a)(1) to be tried by such court-martial under 47 of title 10, United States Code (the Uniform Code of Military Justice), the military judge shall call the court into session pursuant to section 839 of title 10, United States Code (article 39 of the Uniform Code of Military Justice), not later than 90 days after the date on which the authority determines to try such charges by court-martial. 6. Modification of authorities and responsibilities of convening authorities in taking actions on the findings and sentences of courts-martial (a) Inclusion of written justification for certain actions on sentences Paragraph (2) of section 860(c) of title 10, United States Code (article 60(c) of the Uniform Code of Military Justice), is amended by adding at the end the following new sentence: In taking such an action (other than an action to approve a sentence), the convening authority or other person taking such action shall prepare a written justification of such action, which written justification shall be made a part of the record of the court-martial. . (b) Prohibition on dismissal of finding or change to finding of guilty of lesser included offense Such section (such article) is further amended— (1) in paragraph (3), by striking the second sentence; and (2) by adding at the end the following new paragraph: (4) If a convening authority or other person acts on the findings of a court-martial, the convening authority or other person may not— (A) dismiss any charge or specification by setting aside a finding of guilty thereto; or (B) change a finding of guilty to a charge or specification to a finding of guilty to an offense that is a lesser included offense of the offense stated in the charge or specification. . (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 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 so amended, on or after such effective date. 7. Command action on reports on sexual offenses involving members of the Armed Forces (a) Immediate action required A commanding officer who receives a report of a sexual-related offense involving a member of the Armed Forces in the chain of command of such officer shall act upon the report in accordance with subsection (b) immediately after receipt of the report by the commanding officer. (b) Action required The action required by this subsection with respect to a report described in subsection (a) is the referral of the report to the criminal investigation office with responsibility for investigating that offense of the military department concerned or such other investigation service of the military department concerned as the Secretary of the military department concerned may specify for purposes of this section. 8. Monitoring and assessment of modification of authorities on courts-martial by independent panel on review and assessment of proceedings under the Uniform Code of Military Justice Section 576(d)(2) of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ; 126 Stat. 1762) is amended— (1) by redesignating subparagraph (J) as subparagraph (K); and (2) by inserting after subparagraph (I) the following new subparagraph (J): (J) Monitor and assess the implementation and efficacy of the Military Justice Improvement Act of 2013, and the amendments made by that Act. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2016ih/xml/BILLS-113hr2016ih.xml

113-hr-2017

I 113th CONGRESS 1st Session H. R. 2017 IN THE HOUSE OF REPRESENTATIVES May 16, 2013 Mr. Brady of Pennsylvania (for himself, Ms. Lofgren , and Mr. Vargas ) introduced the following bill; which was referred to the Committee on House Administration A BILL To amend the Help America Vote Act of 2002 to improve the operations of the Election Assistance Commission, and for other purposes. 1. Short title; findings (a) Short title This Act may be cited as the EAC Improvements Act of 2013 . (b) Findings Congress finds the following: (1) The elections for Federal office which were held in November 2012 were plagued with a number of serious problems, including— (A) long lines at polling places; (B) poll workers who were trained inadequately; (C) the reduction of hours for early voting; and (D) the imposition of practices which restricted eligible individuals from voting, such as requirements to produce photo identification. (2) At the time these problems were developing, the Election Assistance Commission, an agency of the Federal Government which was established to assist the States in the administration of elections, lacked a quorum in its membership and therefore could not meet, appoint an executive director or general counsel, or otherwise take any actions to prevent these problems from occurring. (3) The inability of the Commission to carry out its duties meant that it could not convene its Standards Board, a collection of State and local election officials with the authority to review guidelines for the voluntary standards applicable to the voting systems used to administer these elections and to make recommendations for best practices for election administration. (4) The inability of the Commission to carry out its duties meant that no new laboratories could be certified to develop and test the equipment used in these elections. (5) The Election Assistance Commission should be allowed to investigate fully the problems which plagued the elections held in November 2012 and to develop solutions. (6) The Election Assistance Commission should be given the tools it needs to carry out its mission in a manner immune from illogic and partisan bickering, so that it can provide States and others involved in the administration of elections with the guidance that will enable them to provide each citizen who wishes to participate in the electoral process the ability to do so. (7) The Election Assistance Commission should be permitted to provide to taxpayers and election officials accurate information on the voting equipment used to administer elections and to hold the vendors of such equipment accountable for any problems that may arise with its use. 2. Reauthorization of Commission (a) Reauthorization Section 210 of the Help America Vote Act of 2002 ( 42 U.S.C. 15330 ) is amended by striking for each of the fiscal years 2003 through 2005 and inserting for each of the fiscal years 2014 through 2018 . (b) Treatment of commission in same manner as federal election commission for purposes of paperwork reduction act Section 3502(1) of title 44, United States Code, is amended— (1) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E); and (2) by inserting after subparagraph (A) the following new subparagraph: (B) the Election Assistance Commission; . 3. Requiring states to participate in post-general election surveys (a) Requirement Title III of the Help America Vote Act of 2002 ( 42 U.S.C. 15481 et seq. ) is amended by inserting after section 303 the following new section: 303A. Requiring participation in post-general election surveys (a) Requirement Each State shall furnish to the Commission such information as the Commission may request for purposes of conducting any post-election survey of the States with respect to the administration of a regularly scheduled general election for Federal office. (b) Effective date This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2014 and any succeeding election. . (b) Conforming amendment relating to enforcement Section 401 of such Act (42 U.S.C. 15511) is amended by striking and 303 and inserting 303, and 303A . (c) Clerical amendment The table of contents of such Act is amended by inserting after the item relating to section 303 the following new item: Sec. 303A. Requiring participation in post-general election surveys. . 4. Determining extent to which disabled individuals have access to polling places (a) Ongoing surveys of compliance with ADA In accordance with section 241 of the Help America Vote Act of 2002 ( 42 U.S.C. 15381 ), not later than 180 days after the date of the regularly scheduled general election for Federal office held in November 2014 and each succeeding regularly scheduled general election for Federal office, the Election Assistance Commission, shall, with the assistance of the Comptroller General, conduct and publish a survey of each polling place used for the election to determine the percentage of such polling places that were in compliance with the standards applicable to such locations under the Americans With Disabilities Act of 1990. (b) Evaluation of need To continue surveys At the time the Election Assistance Commission publishes the results of the survey conducted under subsection (a) with respect to the regularly scheduled general election for Federal office held in November 2022, the Commission shall evaluate and make a recommendation to Congress regarding whether the percentage of polling places in compliance with the standards applicable to such locations under the Americans With Disabilities Act of 1990 has increased to such an extent that there is no longer a need to conduct surveys under subsection (a) with respect to subsequent elections. 5. Establishment of procedures and fee schedules for conducting testing of voting equipment hardware and software; payment of user fees for compensation of accredited laboratories (a) In General Section 231(b) of the Help America Vote Act of 2002 ( 42 U.S.C. 15371(b) ) is amended by adding at the end the following new paragraphs: (3) Procedures for conducting testing; payment of user fees for compensation of accredited laboratories (A) Establishment of escrow account The Commission shall establish an escrow account (to be known as the Testing Escrow Account ) that will serve as the exclusive source for making payments to accredited laboratories for the costs of the testing carried out in connection with the certification, decertification, and recertification of voting system hardware and software. (B) Schedule of fees In consultation with the accredited laboratories, the Commission shall establish and regularly update a schedule of fees for the testing carried out in connection with the certification, decertification, and recertification of voting system hardware and software, based on the reasonable costs expected to be incurred by the accredited laboratories in carrying out the testing for various types of hardware and software. (C) Requests and payments by manufacturers A manufacturer of voting system hardware and software may not have the hardware or software tested by an accredited laboratory under this section unless— (i) the manufacturer submits a detailed request for the testing to the Commission; (ii) the request provides sufficient information for the Commission to determine the applicable fee for the testing under the schedule established and in effect under subparagraph (B); (iii) the Commission approves the request; and (iv) the manufacturer pays to the Commission, for deposit into the Testing Escrow Account established under subparagraph (A), the applicable fee for the testing. (D) Selection of laboratory Upon approving a request for testing and receiving the payment from a manufacturer required under subparagraph (C), the Commission shall select at random (to the greatest extent practicable), from all laboratories which are accredited under this section to carry out the specific testing requested by the manufacturer, an accredited laboratory to carry out the testing. (E) Payments to laboratories Upon determining that a laboratory selected to carry out testing pursuant to subparagraph (D) has completed the testing in accordance with the approved request, the Commission shall make a payment to the laboratory from the Testing Escrow Account established under subparagraph (A) in an amount equal to the applicable fee paid by the manufacturer under subparagraph (C)(iv). (4) Dissemination of additional information on accredited laboratories (A) List of accredited laboratories The Commission shall maintain and publish an updated list of all accredited laboratories under this section. (B) Information on status of laboratories In addition to updating the list maintained and published under subparagraph (A), the Commission shall promptly notify Congress, the chief State election official of each State, and the public whenever— (i) the Commission revokes, terminates, or suspends the accreditation of a laboratory under this section; (ii) the Commission restores the accreditation of a laboratory under this section which has been revoked, terminated, or suspended; or (iii) the Commission has credible evidence of a significant security failure at an accredited laboratory. (C) Information on testing Upon completion of the testing of a voting system under this section, the Commission shall promptly disseminate to the public the identification of the laboratory which carried out the testing. . (b) Conforming Amendments Section 231 of such Act ( 42 U.S.C. 15371 ) is further amended— (1) in subsection (a)(1), by striking testing, certification, and all that follows and inserting the following: testing of voting system hardware and software by accredited laboratories in connection with the certification, decertification, and recertification of the hardware and software for purposes of this Act. ; (2) in subsection (a)(2), by striking testing, certification, and all that follows and inserting the following: testing of its voting system hardware and software by the laboratories accredited by the Commission under this section in connection with certifying, decertifying, and recertifying the hardware and software. ; (3) in subsection (b)(1), by striking testing, certification, decertification, and recertification and inserting testing ; and (4) in subsection (d), by striking testing, certification, decertification, and recertification each place it appears and inserting testing . (c) Deadline for Establishment of Escrow Account and Schedule of Fees The Election Assistance Commission shall establish the Testing Escrow Account and schedule of fees described in section 231(b)(3) of the Help America Vote Act of 2002 (as added by subsection (a)) not later than January 1, 2014. 6. Study of methods to reduce costs of administering elections (a) Analysis of factors affecting costs of administering elections The Election Assistance Commission shall conduct a study analyzing various factors that affect the costs to States and units of local government of administering elections for Federal office, including the following specific factors: (1) The durability of the equipment used in voting systems. (2) The extent to which States and units of local government must replace existing systems because such systems are not capable of using enhanced software or are not capable of being upgraded in a cost-effective manner. (3) The lack of competition among vendors and manufacturers of the equipment used in voting systems because of consolidation in the voting system industry. (b) Recommendations for steps To reduce costs The Commission shall include in the study conducted under this section such recommendations as the Commission shall consider appropriate to reduce the costs incurred by States and units of local government in administering elections for Federal office, including recommendations for legislative action by Congress or the States. (c) Deadline Not later than 180 days after the date of the enactment of this Act, the Commission shall submit the study conducted under this section to Congress. 7. Study of methods for increasing efficiency and cost-effectiveness of election assistance commission (a) Study The Comptroller General shall conduct a study of the administrative operations of the Election Assistance Commission, and shall include in the study an analysis of various methods for increasing the efficiency and cost-effectiveness of such operations. (b) Deadline; report Not later than 90 days after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the study conducted under subsection (a), and shall include in the report such recommendations as the Comptroller General considers appropriate. (c) Participation of Election Assistance Commission The Election Assistance Commission shall provide the Comptroller General with such assistance as the Comptroller General may require to carry out this section.

https://www.govinfo.gov/content/pkg/BILLS-113hr2017ih/xml/BILLS-113hr2017ih.xml

113-hr-2018

I 113th CONGRESS 1st Session H. R. 2018 IN THE HOUSE OF REPRESENTATIVES May 16, 2013 Mr. Stivers (for himself, Mr. Tiberi , and Mrs. Beatty ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to identify the persons who are eligible to request headstones or markers furnished by the Secretary of Veterans Affairs, and or other purposes. 1. Short title This Act may be cited as the Honor Those Who Served Act of 2013 . 2. Persons eligible to request headstones or markers furnished by the Secretary of Veterans Affairs (a) In general Section 2306 of title 38, United States Code, is amended by adding at the end the following new subsections: (h) A person may request a headstone or marker to commemorate a decedent under this section if the person is— (1) the decedent’s next of kin; (2) a person authorized in writing by the decedent’s next of kin to make such request; (3) a personal representative authorized in writing by the decedent to make such request; (4) in the case of a decedent for whom no person described in paragraphs (1), (2), or (3) may be identified, a State veterans service agency, a military researcher, a local historian, or a genealogist or other person familiar with the research sources and methods necessary to prove the identity of the decedent; or (5) in the case of a decedent who is a veteran who served on active duty in the Armed Forces at least 62 years before the date on which the headstone or marker is requested, any person. (i) In the case of a request for a headstone or marker under this section for a decedent for whom insufficient information exists regarding the religious beliefs of the individual to select an appropriate emblem of belief for the headstone or marker of the decedent, the person requesting the headstone or marker may request a headstone or marker without an emblem of belief. . (b) Effective date The amendment made by subsection (a) shall apply with respect to a request for a headstone or marker submitted after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2018ih/xml/BILLS-113hr2018ih.xml

113-hr-2019

I 113th CONGRESS 1st Session H. R. 2019 IN THE HOUSE OF REPRESENTATIVES May 16, 2013 Mr. Harper (for himself, Mr. Cole , Mr. Welch , Mr. Barletta , Mr. Hultgren , Ms. Jenkins , Mr. Meehan , Mrs. Walorski , Mrs. Miller of Michigan , Mr. Bachus , Mr. Messer , Mrs. McMorris Rodgers , Mr. Collins of New York , Mr. Coffman , Mr. Webster of Florida , and Mr. Kline ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on House Administration and Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To eliminate taxpayer financing of presidential campaigns and party conventions and reprogram savings to provide for a 10-year pediatric research initiative through the Common Fund administered by the National Institutes of Health, and for other purposes. 1. Short title This Act may be cited as the Kids First Research Act of 2013 . 2. Termination of taxpayer financing of presidential election campaigns (a) Termination of designation of income tax payments Section 6096 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (d) Termination This section shall not apply to taxable years ending on or after the date of the enactment of this subsection. . (b) Termination of fund and account (1) Termination of presidential election campaign fund (A) In general Chapter 95 of such Code is amended by adding at the end the following new section: 9014. Termination The provisions of this chapter shall not apply with respect to any presidential election (or any presidential nominating convention) after the date of the enactment of this section, or to any candidate in such an election. . (B) Conversion of fund to 10-Year pediatric research initiative fund Section 9006 of such Code is amended by adding at the end the following new subsection: (d) Conversion to 10-Year pediatric research initiative fund (1) Conversion Effective on the date of the enactment of the Kids First Research Act of 2013 — (A) the special fund established under this section shall be known and designated as the 10-Year Pediatric Research Initiative Fund ; and (B) all amounts in the fund as of such date shall be available only for the purpose provided in section 402A(a)(2) of the Public Health Service Act, and only to the extent and in such amounts as are provided in advance in appropriation Acts. (2) Termination Any amounts in the fund that remain unobligated on October 1, 2024, shall be deposited into the general fund of the Treasury. . (2) Termination of account Chapter 96 of such Code is amended by adding at the end the following new section: 9043. Termination The provisions of this chapter shall not apply to any candidate with respect to any presidential election after the date of the enactment of this section. . (c) Clerical amendments (1) The table of sections for chapter 95 of such Code is amended by adding at the end the following new item: Sec. 9014. Termination. . (2) The table of sections for chapter 96 of such Code is amended by adding at the end the following new item: Sec. 9043. Termination. . 3. 10-Year Pediatric Research Initiative (a) Allocation of NIH funds in Common Fund for pediatric research Paragraph (7) of section 402(b) of the Public Health Service Act ( 42 U.S.C. 282(b) ) is amended to read as follows: (7) (A) shall, through the Division of Program Coordination, Planning, and Strategic Initiatives— (i) identify research that represents important areas of emerging scientific opportunities, rising public health challenges, or knowledge gaps that deserve special emphasis and would benefit from conducting or supporting additional research that involves collaboration between 2 or more national research institutes or national centers, or would otherwise benefit from strategic coordination and planning; (ii) include information on such research in reports under section 403; and (iii) in the case of such research supported with funds referred to in subparagraph (B)— (I) require as appropriate that proposals include milestones and goals for the research; (II) require that the proposals include timeframes for funding of the research; and (III) ensure appropriate consideration of proposals for which the principal investigator is an individual who has not previously served as the principal investigator of research conducted or supported by the National Institutes of Health; (B) (i) may, with respect to funds reserved under section 402A(c)(1) for the Common Fund, allocate such funds to the national research institutes and national centers for conducting and supporting research that is identified under subparagraph (A); and (ii) shall, with respect to funds appropriated to the Common Fund under section 402A(a)(2), allocate such funds to the national research institutes and national centers for making grants for pediatric research that is identified under subparagraph (A); and (C) may assign additional functions to the Division in support of responsibilities identified in subparagraph (A), as determined appropriate by the Director; . (b) Funding for 10-Year pediatric research initiative Section 402A of the Public Health Service Act ( 42 U.S.C. 282a ) is amended— (1) in subsection (a)— (A) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and moving the indentation of each such subparagraph 2 ems to the right; (B) by striking For purposes of carrying out this title and inserting the following: (1) This title For purposes of carrying out this title ; and (C) by adding at the end the following: (2) Funding for 10-year pediatric research initiative through common fund For carrying out section 402(b)(7)(B)(ii), there is authorized to be appropriated, out of funds in the 10-Year Pediatric Research Initiative Fund established by section 9006 of the Internal Revenue Code of 1986, and in addition to amounts otherwise made available under paragraph (1) of this subsection and reserved under subsection (c)(1)(B)(i) of this section, $13,000,000 for each of fiscal years 2014 through 2023. ; and (2) in subsections (c)(1)(B), (c)(1)(D), and (d), by striking subsection (a) each place it appears and inserting subsection (a)(1) . (c) Supplement, not supplant; prohibition against transfer Funds appropriated under section 402A(a)(2) of the Public Health Service Act, as added by subsection (b)— (1) shall be used to supplement, not supplant, the funds otherwise allocated by the National Institutes of Health for pediatric research; and (2) notwithstanding any transfer authority in any appropriation Act, shall not be used for any purpose other than making grants as described in section 402(b)(7)(B)(ii) of the Public Health Service Act, as added by subsection (a).

https://www.govinfo.gov/content/pkg/BILLS-113hr2019ih/xml/BILLS-113hr2019ih.xml

113-hr-2020

I 113th CONGRESS 1st Session H. R. 2020 IN THE HOUSE OF REPRESENTATIVES May 16, 2013 Mr. Cartwright (for himself and Mr. Roskam ) 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 require certain institutions of higher education to provide notice of tuition levels for students. 1. Short title This Act may be cited as the Truth in Tuition Act of 2013 . 2. Notice of tuition levels (a) Amendment Section 487(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a) ) is amended by adding at the end the following new paragraph: (30) (A) The institution will provide to each student admitted to an undergraduate or graduate program— (i) a multi-year tuition and fee schedule; or (ii) a single-year tuition and fee schedule, and a nonbinding, multi-year estimate of net costs after all financial aid is awarded, assuming constant family and student income, assets, and relevant circumstances. (B) Multi-year schedules and estimates required by subparagraph (A) — (i) may include a percentage or dollar increase or decrease of any size the institution determines to be appropriate from one year to the next; and (ii) shall indicate, on a year-by-year basis, costs for the normal duration of such student's undergraduate or graduate program. (C) Institutions that elect a single-year tuition and fee schedule under subparagraph (A)(ii) shall include with each multi-year estimate provided under such subparagraph the average deviation, in percentage terms, between previous year estimates and actual net costs for students at their institution. (D) The Secretary shall waive the requirements of subparagraph (A) if the institution demonstrates to the Secretary that the requirements of subparagraph (A) are not practicable because of the occurrence of one or more events causing the institution severe economic distress, dramatic reduction of State or Federal aid, or any other circumstance determined to be appropriate by the Secretary. . (b) Effective date The amendment made by subsection (a) shall be effective on the date that is 120 days after the date of enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2020ih/xml/BILLS-113hr2020ih.xml

113-hr-2021

I 113th CONGRESS 1st Session H. R. 2021 IN THE HOUSE OF REPRESENTATIVES May 16, 2013 Mr. Broun of Georgia (for himself, Mr. Fincher , Mr. Stockman , Mr. Wilson of South Carolina , Mr. Fleming , Mrs. Blackburn , Mr. Harris , Mr. Southerland , Mr. Pearce , and Mr. Westmoreland ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend section 1951 of title 18, United States Code (commonly known as the Hobbs Act), and for other purposes. 1. Short title This Act may be cited as the Freedom From Union Violence Act of 2013 . 2. Interference with commerce by threats or violence Section 1951 of title 18, United States Code, is amended to read as follows: 1951. Interference with commerce by threats or violence (a) Prohibition Except as provided in subsection (c), whoever in any way or degree obstructs, delays, or affects commerce or the movement of any article or commodity in commerce, by robbery or extortion, or attempts or conspires so to do, 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 fined not more than $100,000, imprisoned for a term of not more than 20 years, or both. (b) Definitions For purposes of this section— (1) the term commerce means any— (A) commerce within the District of Columbia, or any territory or possession of the United States; (B) commerce between any point in a State, territory, possession, or the District of Columbia and any point outside thereof; (C) commerce between points within the same State through any place outside that State; and (D) other commerce over which the United States has jurisdiction; (2) the term extortion means the obtaining of property from any person, with the consent of that person, if that consent is induced— (A) by actual or threatened use of force or violence, or fear thereof; (B) by wrongful use of fear not involving force or violence; or (C) under color of official right; (3) the term labor dispute has the same meaning as in section 2(9) of the National Labor Relations Act ( 29 U.S.C. 152(9) ); and (4) the term robbery means the unlawful taking or obtaining of personal property from the person or in the presence of another, against his or her will, by means of actual or threatened force or violence, or fear of injury, immediate or future— (A) to his or her person or property, or property in his or her custody or possession; or (B) to the person or property of a relative or member of his or her family, or of anyone in his or her company at the time of the taking or obtaining. (c) Exempted conduct (1) In general Subsection (a) does not apply to any conduct that— (A) is incidental to otherwise peaceful picketing during the course of a labor dispute; (B) consists solely of minor bodily injury, or minor damage to property, or threat or fear of such minor injury or damage; and (C) is not part of a pattern of violent conduct or of coordinated violent activity. (2) State and local jurisdiction Any violation of this section that involves any conduct described in paragraph (1) shall be subject to prosecution only by the appropriate State and local authorities. (d) Effect on other law Nothing in this section shall be construed— (1) to repeal, amend, or otherwise affect— (A) section 6 of the Clayton Act ( 15 U.S.C. 17 ); (B) section 20 of the Clayton Act ( 29 U.S.C. 52 ); (C) any provision of the Norris-LaGuardia Act ( 29 U.S.C. 101 et seq. ); (D) any provision of the National Labor Relations Act ( 29 U.S.C. 151 et seq. ); or (E) any provision of the Railway Labor Act ( 45 U.S.C. 151 et seq. ); or (2) to preclude Federal jurisdiction over any violation of this section, on the basis that the conduct at issue— (A) is also a violation of State or local law; or (B) occurred during the course of a labor dispute or in pursuit of a legitimate business or labor objective. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2021ih/xml/BILLS-113hr2021ih.xml

113-hr-2022

I 113th CONGRESS 1st Session H. R. 2022 IN THE HOUSE OF REPRESENTATIVES May 16, 2013 Mrs. Black (for herself, Mr. Hall , Mr. Boustany , and Mr. Kelly of Pennsylvania ) 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 prohibit the implementation or enforcement of any requirement of the Patient Protection and Affordable Care Act until certifications are made that taxpayer information is not and will not be used for targeting any individual or group that provides information to the Internal Revenue Service for political reasons or on the basis of political views, and for other purposes. 1. Findings Congress finds the following: (1) The Internal Revenue Service currently administers 47 tax provisions under the Patient Protection and Affordable Care Act. (2) The Internal Revenue Service and its employees will have significantly greater access than it currently has to taxpayer information for the enforcement and enactment of the individual mandate under the Patient Protection and Affordable Care Act. (3) No government agency has more authority in the enforcement of the Patient Protection and Affordable Care Act than the Internal Revenue Service. (4) According to one study, the Patient Protection and Affordable Care Act employer mandate would put up to 3.2 million jobs at risk. Echoing that, the Federal Reserve warned, Employers in several Districts cited the unknown effects of the Affordable Care Act as reasons for planned layoffs and reluctance to hire more staff. . (5) According to previous reports from the Government Accountability Office (GAO) and Treasury Inspector General for Tax Administration, the Internal Revenue Service did not have adequate processes in place to accurately review and account for the taxpayer dollars the Internal Revenue Service are spending to implement the controversial law. (6) The Internal Revenue Service has proven it is a government agency wrought with fraud and abuse, and has not been capable of ensuring the constitutional rights of American citizens is not infringed upon. (7) According to the Treasury Inspector General for Tax Administration, the Internal Revenue Service’s Determinations Unit began searching as far back as 2010 for other requests for exemption involving Tea Party, Patriots, 9/12 and Internal Revenue Code of 1986 501(c)(4) applications involving political sounding names, e.g., We the People or Take Back the Country . (8) According to the Treasury Inspector General for Tax Administration, on June 29, 2011, IRS Exempted Organizations Division director Lois Lerner is apprised of the Internal Revenue Service’s discriminatory practices. (9) On March 22, 2012, the Ways and Means Oversight Subcommittee held a hearing on the tax return filing season and general Internal Revenue Service operations where Chairman Boustany asks then-Internal Revenue Service Commissioner Shulman about reports that the Internal Revenue Service has been targeting Tea Party groups. Shulman responds, I can give you assurance … there is absolutely no targeting. . 2. Prohibition on implementation or enforcement of any requirement of the Patient Protection and Affordable Care Act until certification that taxpayer information is not and will not be used for targeting any individual or group for political reasons or on basis of political views (a) Violations of Rights Before Enactment The Internal Revenue Service shall not implement or enforce any requirement of the Patient Protection and Affordable Care Act or title I of the Health Care and Education Reconciliation Act of 2010, including any requirement contained in an amendment made by those Acts, until the Secretary of the Treasury certifies under penalty of perjury that with respect to any activity before the date of the enactment of this Act— (1) taxpayer information is not and will not be used for targeting any individual or group that provides information to the Internal Revenue Service for political reasons or on the basis of political views, and (2) the Internal Revenue Service has terminated the employment of all employees in accordance with section 1203 of the Internal Revenue Service Restructuring and Reform Act of 1998 ( 26 U.S.C. 7804 note) who, with respect to actions before the enactment of this Act, are found to have violated the constitutional rights of any taxpayer, including any employee who knew of abuses related to the targeting of a political group within the Internal Revenue Services, declined to come forward, or willfully misled investigators. (b) Violations of Rights After Enactment (1) Rights Taxpayer information shall not be used for targeting any individual or group that provides information to the Internal Revenue Service for political reasons or on the basis of political views. (2) Certification After the date of the enactment of this Act, a department or agency concerned— (A) shall not implement or enforce, or (B) if a violation of paragraph (1) occurs by any employee of the department or agency, shall suspend the implementation or enforcement of, any requirement of the Patient Protection and Affordable Care Act or title I of the Health Care and Education Reconciliation Act of 2010, including any requirement contained in an amendment made by those Acts, until the head of such department or agency (the Secretary of the Treasury in the case of the Internal Revenue Service) certifies under penalty of perjury that the department or agency has terminated the employment of any employee of the department or agency in accordance with section 1203 of the Internal Revenue Service Restructuring and Reform Act of 1998 ( 26 U.S.C. 7804 note) who, with respect to actions before the enactment of this Act, is found to have violated the constitutional rights of any taxpayer. (c) Process To resume implementation In any case in which the implementation or enforcement of any requirement described in subsection (a)(1) or (b)(1) was prevented or suspended by subsection (a) or (b) (as the case may be), such implementation or enforcement shall not thereafter take effect or resume (as the case may be) until 90 calendar days after the date on which the certification required by this section is made with respect to any such prevention or suspension, unless before such 90-day period a joint resolution disapproving such certification is enacted. (d) Definition and special rules For purposes of this section— (1) Covered department or agency The term department or agency concerned means the Internal Revenue Service, the Department of Health and Human Services, and any other department or agency from which information is centralized in one place, such as in the Federal Data Services Hub or any similar database. (2) Applicability of termination of employment authority The provisions of section 1203 of the Internal Revenue Service Restructuring and Reform Act of 1998 (26 U.S.C. 7804) shall apply with respect to any department or agency concerned, and for such purposes, such section shall be applied by substituting the head of the department or agency concerned for the Commissioner of Internal Revenue and the department or agency concerned for the Internal Revenue Service . (3) Prohibition on delegating responsibility of Secretary of the Treasury The responsibility of the Secretary of the Treasury under this section may not be delegated. (e) Submission to Congress The head of the department or agency making a certification under this section shall submit the certification to the Congress.

https://www.govinfo.gov/content/pkg/BILLS-113hr2022ih/xml/BILLS-113hr2022ih.xml

113-hr-2023

I 113th CONGRESS 1st Session H. R. 2023 IN THE HOUSE OF REPRESENTATIVES May 16, 2013 Mrs. Capps (for herself, Ms. Matsui , Mr. Markey , and Ms. Schakowsky ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To direct the Secretary of Health and Human Services to develop a national strategic action plan to assist health professionals in preparing for and responding to the public health effects of climate change, and for other purposes. 1. Short title This Act may be cited as the Climate Change Health Protection and Promotion Act . 2. Sense of Congress on public health and climate change It is the sense of the Congress that the Federal Government, in cooperation with international, State, tribal, and local governments, concerned public and private organizations, and citizens, should use all practicable means and measures— (1) to assist the efforts of public health and health care professionals, first responders, States, tribes, municipalities, and local communities to incorporate measures to prepare health systems to respond to the impacts of climate change; (2) to ensure— (A) that the Nation’s health professionals have sufficient information to prepare for and respond to the adverse health impacts of climate change; (B) the utility and value of scientific research in advancing understanding of— (i) the health impacts of climate change; and (ii) strategies to prepare for and respond to the health impacts of climate change; (C) the identification of communities vulnerable to the health effects of climate change and the development of strategic response plans to be carried out by health professionals for those communities; (D) the improvement of health status and health equity through efforts to prepare for and respond to climate change; and (E) the inclusion of health policy in the development of climate change responses; (3) to encourage further research, interdisciplinary partnership, and collaboration among stakeholders in order to— (A) understand and monitor the health impacts of climate change; and (B) improve public health knowledge and response strategies to climate change; (4) to enhance preparedness activities, and public health infrastructure, relating to climate change and health; (5) to encourage each and every American to learn about the impacts of climate change on health; and (6) to assist the efforts of developing nations to incorporate measures to prepare health systems to respond to the impacts of climate change. 3. Relationship to other laws Nothing in this Act in any manner limits the authority provided to or responsibility conferred on any Federal department or agency by any provision of any law (including regulations) or authorizes any violation of any provision of any law (including regulations), including any health, energy, environmental, transportation, or any other law or regulation. 4. National strategic action plan (a) Requirement (1) In general The Secretary of Health and Human Services, within 2 years after the date of the enactment of this Act, on the basis of the best available science, and in consultation pursuant to paragraph (2), shall publish a strategic action plan to assist health professionals in preparing for and responding to the impacts of climate change on public health in the United States and other nations, particularly developing nations. (2) Consultation In developing or making any revision to the national strategic action plan, the Secretary shall— (A) consult with the Director of the Centers for Disease Control and Prevention, the Administrator of the Environmental Protection Agency, the Director of the National Institutes of Health, the Secretary of Energy, other appropriate Federal agencies, Indian tribes, State and local governments, public health organizations, scientists, and other interested stakeholders; and (B) provide opportunity for public input. (b) Contents (1) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall assist health professionals in preparing for and responding effectively and efficiently to the health effects of climate change through measures including— (A) developing, improving, integrating, and maintaining domestic and international disease surveillance systems and monitoring capacity to respond to health-related effects of climate change, including on topics addressing— (i) water, food, and vector borne infectious diseases and climate change; (ii) pulmonary effects, including responses to aeroallergens; (iii) cardiovascular effects, including impacts of temperature extremes; (iv) air pollution health effects, including heightened sensitivity to air pollution; (v) hazardous algal blooms; (vi) mental and behavioral health impacts of climate change; (vii) the health of refugees, displaced persons, and vulnerable communities; (viii) the implications for communities vulnerable to health effects of climate change, as well as strategies for responding to climate change within these communities; and (ix) local and community-based health interventions for climate-related health impacts; (B) creating tools for predicting and monitoring the public health effects of climate change on the international, national, regional, State, and local levels, and providing technical support to assist in their implementation; (C) developing public health communications strategies and interventions for extreme weather events and disaster response situations; (D) identifying and prioritizing communities and populations vulnerable to the health effects of climate change, and determining actions and communication strategies that should be taken to inform and protect these communities and populations from the health effects of climate change; (E) developing health communication, public education, and outreach programs aimed at public health and health care professionals, as well as the general public, to promote preparedness and response strategies relating to climate change and public health, including the identification of greenhouse gas reduction behaviors that are health-promoting; (F) developing academic and regional centers of excellence devoted to— (i) researching relationships between climate change and health; (ii) expanding and training the public health workforce to strengthen the capacity of such workforce to respond to and prepare for the health effects of climate change; (iii) creating and supporting academic fellowships focusing on the health effects of climate change; and (iv) training senior health ministry officials from developing nations to strengthen the capacity of such nations to— (I) prepare for and respond to the health effects of climate change; and (II) build an international network of public health professionals with the necessary climate change knowledge base; (G) using techniques, including health impact assessments, to assess various climate change public health preparedness and response strategies on international, national, State, regional, tribal, and local levels, and make recommendations as to those strategies that best protect the public health; (H) (i) assisting in the development, implementation, and support of State, regional, tribal, and local preparedness, communication, and response plans (including with respect to the health departments of such entities) to anticipate and reduce the health threats of climate change; and (ii) acting through the Director of the Centers for Disease Control and Prevention or an appropriate Federal agency, pursuing collaborative efforts to develop, integrate, and implement such plans; (I) acting through the Director of the Centers for Disease Control and Prevention or an appropriate Federal agency, creating a program to advance research as it relates to the effects of climate change on public health across Federal agencies, including research to— (i) identify and assess climate change health effects preparedness and response strategies; (ii) prioritize critical public health infrastructure projects related to potential climate change impacts that affect public health; and (iii) coordinate preparedness for climate change health impacts, including the development of modeling and forecasting tools; (J) providing technical assistance for the development, implementation, and support of preparedness and response plans to anticipate and reduce the health threats of climate change in developing nations; and (K) carrying out other activities determined appropriate by the Secretary to plan for and respond to the impacts of climate change on public health. (c) Revision The Secretary shall revise the national strategic action plan not later than July 1, 2017, and every 4 years thereafter, to reflect new information collected pursuant to implementation of the national strategic action plan and otherwise, including information on— (1) the status of critical environmental health parameters and related human health impacts; (2) the impacts of climate change on public health; and (3) advances in the development of strategies for preparing for and responding to the impacts of climate change on public health. (d) Implementation (1) Implementation through HHS The Secretary shall exercise the Secretary’s authority under this Act and other Federal statutes to achieve the goals and measures of the national strategic action plan. (2) Other public health programs and initiatives The Secretary and Federal officials of other relevant Federal agencies shall administer public health programs and initiatives authorized by statutes other than this Act, subject to the requirements of such statutes, in a manner designed to achieve the goals of the national strategic action plan. (3) CDC In furtherance of the national strategic action plan, the Director of the Centers for Disease Control and Prevention shall— (A) conduct scientific research to assist health professionals in preparing for and responding to the impacts of climate change on public health; (B) provide funding for— (i) research on the health effects of climate change; and (ii) preparedness planning on the international, national, State, regional, and local levels to respond to or reduce the burden of health effects of climate change; and (C) carry out other activities determined appropriate by the Director to prepare for and respond to the impacts of climate change on public health. 5. Advisory board (a) Establishment The Secretary shall establish a permanent science advisory board comprised of not less than 10 and not more than 20 members. (b) Appointment of members The Secretary shall appoint the members of the science advisory board from among individuals who— (1) are recommended by the President of the National Academy of Sciences; and (2) have expertise in public health and human services, climate change, and other relevant disciplines. (c) Functions The science advisory board shall— (1) provide scientific and technical advice and recommendations to the Secretary on the domestic and international impacts of climate change on public health, populations and regions particularly vulnerable to the effects of climate change, and strategies and mechanisms to prepare for and respond to the impacts of climate change on public health; and (2) advise the Secretary regarding the best science available for purposes of issuing the national strategic action plan. 6. Reports (a) Needs assessment (1) In general The Secretary shall seek to enter into, by not later than 6 months after the date of the enactment of this Act, an agreement with the National Research Council and the Institute of Medicine to complete a report that— (A) assesses the needs for health professionals to prepare for and respond to climate change impacts on public health; and (B) recommends programs to meet those needs. (2) Submission The agreement under paragraph (1) shall require the completed report to be submitted to the Congress and the Secretary and made publicly available not later than 1 year after the date of the agreement. (b) Climate change health protection and promotion reports (1) In general The Secretary shall offer to enter into, not later than 6 months after the submission of the report under subsection (a)(2), an agreement with the National Research Council and the Institute of Medicine, under which the National Research Council and the Institute of Medicine will prepare periodic reports to aid health professionals in preparing for and responding to the adverse health effects of climate change that— (A) review scientific developments on health impacts of climate change; and (B) recommend changes to the national strategic action plan. (2) Submission The agreement under paragraph (1) shall require a report to be submitted to the Congress and the Secretary and made publicly available not later than July 1, 2016, and every 4 years thereafter. 7. Definitions In this Act: (1) Health impact assessment The term health impact assessment means a combination of procedures, methods, and tools by which a policy, program, or project may be judged as to its potential effects on the health of a population, and the distribution of those effects within the population. (2) National strategic action plan The term national strategic action plan means the plan issued and revised under section 4. (3) Secretary Unless otherwise specified, the term Secretary means the Secretary of Health and Human Services. 8. Authorization of appropriations (a) In general There are authorized to be appropriated such sums as may be necessary to carry out this Act. (b) Appropriations to HHS All funds appropriated to carry out this Act shall be appropriated to the Secretary. (c) Distribution of funds by HHS In carrying out this Act, the Secretary may make funds appropriated pursuant to this section available to— (1) other departments, agencies, and offices of the Federal Government; (2) foreign, State, tribal, and local governments; and (3) such other entities as the Secretary determines appropriate. (d) Supplement, not replace It is the intent of the Congress that funds appropriated to carry out this Act should be used to supplement, and not replace, existing sources of funding for public health.

https://www.govinfo.gov/content/pkg/BILLS-113hr2023ih/xml/BILLS-113hr2023ih.xml

113-hr-2024

I 113th CONGRESS 1st Session H. R. 2024 IN THE HOUSE OF REPRESENTATIVES May 16, 2013 Mr. Deutch introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 35, United States Code, to require disclosure of ownership and transfers of ownership of patents, and for other purposes. 1. Short title This Act may be cited as the End Anonymous Patents Act . 2. Disclosure of ownership of patents (a) Disclosure of ownership of patents Section 261 of title 35, United States Code, is amended— (1) in the first paragraph, by striking Subject and inserting (a) Personal property.— Subject ; (2) in the second paragraph, by striking Applications and inserting (b) Assignment.— Applications ; (3) in the third paragraph, by striking A certificate and inserting (c) Evidence of execution of transfer.— A certificate ; (4) In the fourth paragraph, by striking An assignment and inserting (d) Notice or recordation required.— An assignment ; and (5) by adding at the end the following: (e) Disclosures of ownership (1) New patents Upon the issuance of a patent under this title, the entity to which the patent is issued shall file with the Office a disclosure of the owner of the patent and any real party in interest in the patent. (2) Payment of maintenance fees Upon the payment of the maintenance fee required under section 41(b), the owner of the patent shall file with the Office a disclosure of the identity of the owner of the patent and any real party in interest in the patent. (3) Notice of transfer of ownership Whenever any patent, any application for patent, or any interest therein, is sold, granted, or conveyed, the entity to which the patent, application, or interest is sold, granted, or conveyed shall, within 90 days after the date of the sale, grant, or conveyance, file with the Office a disclosure of the sale, grant, or conveyance, and any real party in interest in the patent, application, or interest. (4) Form and manner of disclosures The Director shall prescribe by regulation the form and manner in which disclosures are to be made under paragraphs (1), (2), and (3). The Director shall include, among the real parties in interest, for purposes of such disclosures— (A) any entity that has the legal right to enforce the patent through an infringement action; (B) any ultimate parent entity of an entity described in subparagraph (A); and (C) any entity that has a controlling interest in the enforcement of the patent, including any ultimate parent entity not included under subparagraph (A) or (B). (5) Limitation on damages Any entity that fails to comply with any of the requirements under this subsection with respect to a patent or application for patent may, in any action brought by the person or entity for infringement of the patent, only collect damages from the date on which such requirement is met. The Director shall by regulation specify what constitutes noncompliance for purposes of this paragraph. (6) Definition In this subsection, the term ultimate parent entity means an entity that is not controlled by any other entity. . (b) Effective date The amendments made by this section shall take effect upon the expiration of the 180-day period beginning on the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2024ih/xml/BILLS-113hr2024ih.xml

113-hr-2025

I 113th CONGRESS 1st Session H. R. 2025 IN THE HOUSE OF REPRESENTATIVES May 16, 2013 Mr. Gosar 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 require the termination of employment of IRS employees for discrimination against any taxpayer on basis of political affiliation, and for other purposes. 1. Termination of employment for discrimination against any taxpayer on basis of political affiliation (a) In general Subsection (b) of section 1203 of the Internal Revenue Service Restructuring and Reform Act of 1998 ( 26 U.S.C. 7804 note) is amended by striking and at the end of paragraph (9), by striking the period at the end of paragraph (10) and inserting ; and , and by inserting after paragraph (10) the following: (11) discriminating against any taxpayer on the basis of political affiliation. . (b) Discrimination on the basis of political affiliation defined Section 1203 of such Act is amended by adding at the end the following new subsection: (e) Discrimination on the basis of political affiliation For purposes of subsection (b), discrimination on the basis of political affiliation is treatment or consideration of, or making a distinction in favor of or against, a person or thing based membership or belief in a particular political party, organization, or ideology. . (c) Effective date The amendment made by subsection (a) shall apply with respect to any action taken after the date of the enactment of this Act. 2. Termination of employment for misuse of government resources (a) In general Paragraph (10) of section 1203(b) of the Internal Revenue Service Restructuring and Reform Act of 1998 ( 26 U.S.C. 7804 note), as amended by this Act, is amended by inserting or out of arbitrary or capricious or politically motivated reasons before the semicolon at the end. (b) Effective date The amendment made by subsection (a) shall apply with respect to any action taken after the date of the enactment of this Act. 3. Awarding of costs and fees to taxpayers wrongfully discriminated against (a) In general Subsection (a) of section 7430 of the Internal Revenue Code of 1986 is amended by inserting or wrongfully discriminated against, after title, . (b) Wrongful discrimination defined Subsection (c) of section 7430 of such Code is amended by adding at the end the following: (8) Wrongful discrimination Wrongful discrimination occurs if a final determination is made in an administrative or judicial proceeding that there has been a violation of a right specified in section 1203(b)(3) of the Internal Revenue Service Restructuring and Reform Act of 1998 (26 U.S.C. 7804 note). . (c) Effective date The amendment made by subsection (a) shall apply to civil actions or proceedings commenced after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2025ih/xml/BILLS-113hr2025ih.xml

113-hr-2026

I 113th CONGRESS 1st Session H. R. 2026 IN THE HOUSE OF REPRESENTATIVES May 16, 2013 Ms. Herrera Beutler (for herself, Mr. Schrader , Mr. Benishek , Mrs. McMorris Rodgers , Mr. Ribble , Mr. Simpson , Mr. Thompson of Pennsylvania , Mr. Walden , Mr. Bishop of Georgia , Mr. Larsen of Washington , Mr. Rahall , Ms. Sewell of Alabama , Mr. Cotton , Mr. Duncan of South Carolina , Mr. Kingston , Mr. Jones , Mr. Michaud , Mr. Barrow of Georgia , Mr. Peterson , and Mr. Hastings of Washington ) 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 exempt certain silvicultural activities from national pollutant discharge elimination system permitting requirements, and for other purposes. 1. Short title This Act may be cited as the Silviculture Regulatory Consistency Act of 2013 . 2. Silvicultural activities Section 402(l) of the Federal Water Pollution Control Act ( 33 U.S.C. 1342(l) ) is amended by adding at the end the following: (3) Silvicultural activities (A) NPDES permit requirements for silvicultural activities The Administrator shall not require a permit or otherwise promulgate regulations under this section or directly or indirectly require any State to require a permit under this section for a discharge of stormwater runoff resulting from the conduct of the following silviculture activities: nursery operations, site preparation, reforestation and subsequent cultural treatment, thinning, prescribed burning, pest and fire control, harvesting operations, surface drainage, and road use, construction, and maintenance. (B) Permits for dredged or fill material Nothing in this paragraph exempts a silvicultural activity resulting in the discharge of dredged or fill material from any permitting requirement under section 404. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2026ih/xml/BILLS-113hr2026ih.xml

113-hr-2027

I 113th CONGRESS 1st Session H. R. 2027 IN THE HOUSE OF REPRESENTATIVES May 16, 2013 Mr. Sam Johnson of Texas (for himself, Mr. Hinojosa , Mr. Carson of Indiana , Ms. Jackson Lee , Ms. Jenkins , Mr. Marchant , Mr. Young of Indiana , Mr. Burgess , and Mr. Yoder ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend section 1877 of the Social Security Act to modify the requirements for hospitals to qualify for the rural provider and hospital exception to physician ownership or investment prohibition in order to take into account hospitals that were under construction or development at the time of imposing such requirements, hospital expansions, and hospitals in financial distress, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Expanding Patients’ Access to Quality Care 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. Modification of Stark requirements for certain hospitals that were under construction or development as of December 30, 2010. Sec. 3. Modifying Stark requirements for applicable hospitals to qualify for expansion of facility capacity. Sec. 4. Additional exception for physician ownership and investment for hospitals in financial distress. 2. Modification of Stark requirements for certain hospitals that were under construction or development as of December 30, 2010 Section 1877(i) of the Social Security Act ( 42 U.S.C. 1395nn(i) ) is amended— (1) in paragraph (1)(A)— (A) in the matter preceding clause (i), by striking had ; (B) in clause (i), by striking ; and and inserting the following: , and had a provider agreement under section 1866 in effect on such date or was under construction or was under development (as defined in paragraph (7)(A)) on such date; or ; and (C) by striking clause (ii); (2) in paragraph (1)(B), by inserting before the period at the end the following: or if the hospital was under construction or under development on December 31, 2010, no greater than the number of operating rooms, procedure rooms, and beds for which the hospital is licensed as of the date the hospital had a provider agreement in effect under section 1866 ; (3) in paragraph (1)(D)(i), by inserting before the period at the end the following: or if the hospital was under construction or under development on December 31, 2010, as of the date the hospital had a provider agreement in effect under section 1866 ; (4) in paragraph (3)(C)(iii), by inserting after December 31, 2010, the following: or in the case of a hospital that did not have a provider agreement in effect as of such date but was under construction or under development on such date, ; and (5) by adding at the end the following new paragraph: (7) Definitions For purposes of this subsection: (A) Under development A hospital shall be treated as being under development on December 31, 2010, if on or before such date the hospital— (i) submitted its enrollment application for a Medicare provider agreement; (ii) had a binding written agreement with an outside, unrelated party for the actual design, construction, renovation, lease, or demolition for a hospital, and has expended at least 10 percent of the estimated cost of the project (or, if less, $1,000,000); or (iii) obtained a certificate of need in a State where one is required. . 3. Modifying Stark requirements for applicable hospitals to qualify for expansion of facility capacity Section 1877(i)(3) of the Social Security Act ( 42 U.S.C. 1395nn(i)(3) ) is amended— (1) by striking subparagraphs (A), (E), (F), (H), and (I); (2) by amending subparagraph (B) to read as follows: (B) Limitation on frequency of increases A hospital may not effect an increase described in subparagraph (C) more often than once every 2 years. ; (3) in subparagraphs (C) and (D), by striking an applicable hospital and the applicable hospital and inserting a hospital and the hospital , respectively, each place it appears; (4) in subparagraph (C)(i)— (A) by striking granted an exception under the process described in subparagraph (A) ; (B) by striking has been granted a previous exception under this paragraph and inserting has had a previous increase under this subsection ; and (C) by striking such an exception and inserting this paragraph ; and (5) in subparagraph (C)(ii), by striking The Secretary shall not permit an increase in and inserting A hospital may not increase . 4. Additional exception for physician ownership and investment for hospitals in financial distress Section 1877(i) of the Social Security Act ( 42 U.S.C. 1395nn(i) ) is amended— (1) in paragraph (1)(A), as amended by section 2(1), by inserting after clause (i) the following new clause: (ii) had a provider agreement under section 1866 in effect December 31, 2010, as of such date did not have physician ownership or investment, but after such date is determined to be in financial distress (as defined in paragraph (7)(B)). ; (2) in paragraph (1)(D)(i), by inserting before the period at the end the following: , except that such percentage limitation shall not apply to a hospital determined to be in financial distress (as defined in paragraph (7)(B)) ; and (3) in paragraph (7), as added by section 2(5), by adding at the end the following new paragraph: (B) Financial distress A hospital shall be treated as being in financial distress for a cost reporting period if the Secretary determines that the hospital has had an overall negative combined Medicare inpatient prospective payment system and outpatient prospective payment system operating margin for the most recent 3 consecutive cost reporting periods for which data are available. Once the Secretary makes a determination that a hospital has such a negative operating margin for a cost reporting period, the Secretary may not reverse such determination for such period. A hospital that is treated as being in financial distress under this subparagraph for a cost reporting period shall continue to be so treated for all subsequent cost reporting periods as being in financial distress without regard to changes in the hospital’s operating margin. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2027ih/xml/BILLS-113hr2027ih.xml

113-hr-2028

I 113th CONGRESS 1st Session H. R. 2028 IN THE HOUSE OF REPRESENTATIVES May 16, 2013 Mr. Lewis (for himself, Ms. Ros-Lehtinen , Mr. Doggett , Mr. Rangel , Mr. McDermott , Mr. Danny K. Davis of Illinois , Ms. Bass , Mrs. Capps , Mr. Capuano , Mr. Cárdenas , Mrs. Christensen , Mr. Cicilline , Ms. Clarke , Mr. Connolly , Mr. Conyers , Mrs. Davis of California , Ms. DeGette , Mr. Deutch , Ms. Edwards , Mr. Ellison , Mr. Grijalva , Mr. Hastings of Florida , Mr. Honda , Ms. Eddie Bernice Johnson of Texas , Mr. Kennedy , Ms. Kuster , Mr. Langevin , Mr. Lowenthal , Mrs. Carolyn B. Maloney of New York , Mr. Sean Patrick Maloney of New York , Mr. George Miller of California , Ms. Moore , Mr. Nadler , Ms. Norton , Mr. O’Rourke , Ms. Pelosi , Ms. Pingree of Maine , Mr. Pocan , Mr. Polis , Mr. Quigley , Ms. Roybal-Allard , Ms. Linda T. Sánchez of California , Ms. Schakowsky , Mr. Schiff , Ms. Schwartz , Mr. Serrano , Ms. Speier , Mr. Swalwell of California , Mr. Takano , Ms. Tsongas , Ms. Wasserman Schultz , and Ms. Wilson of Florida ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To prohibit discrimination in adoption or foster care placements based on the sexual orientation, gender identity, or marital status of any prospective adoptive or foster parent, or the sexual orientation or gender identity of the child involved. 1. Short title This Act may be cited as the Every Child Deserves a Family Act . 2. Congressional findings and purposes (a) Findings Congress finds the following: (1) There is a shortage of qualified individuals willing to adopt or foster a child in the child welfare system. As a result, thousands of foster children lack a permanent and safe home. (2) In order to open more homes to foster children, child welfare agencies should work to eliminate sexual orientation, gender identity, and marital status discrimination and bias in adoption and foster care recruitment, selection, and placement procedures. (3) Of the estimated 400,000 children in the United States foster care system, more than 104,000 cannot return to their original families and are legally free for adoption. (A) 50,516 children were adopted in 2011, while 26,286 youth aged out of the foster care system. (B) Research shows that youth who age out of the foster care system are at a high risk for poverty, homelessness, incarceration, and early parenthood. (C) Increasing adoption rates, in addition to establishing permanency and decreasing risk factors for foster youth, can yield annual national cost savings between $3,300,000,000 and $6,300,000,000. (4) Experts agree that in many States, lesbian, gay, bisexual, and transgender youth experience discrimination, harassment, and violence in the foster care system because of their sexual orientation or gender identity. (5) Approximately 60 percent of homeless lesbian, gay, bisexual, and transgender youth were previously in foster care. According to the Urban Justice Center, many of these young people reported that living on the streets felt safer than living in their group or foster home. (6) According to the Williams Institute, an estimated 19 percent of same-sex couple households include children under 18 years of age. (7) The Williams Institute estimates that 3,000,000 lesbian, gay, bisexual, and transgender people have had a child and as many as 6,000,000 American adults and children have a lesbian, gay, bisexual, or transgender parent. Among adults under 50 years of age living alone or with a spouse or partner, 48 percent of lesbian, bisexual, or transgender women are raising a child under 18 years of age, and 20 percent of gay, bisexual, or transgender men are doing so. (8) As of 2013, same-sex couples are raising 1.4 percent of adopted children with 2 parents and are fostering 1.7 percent of foster children living with 2 parents. A 2007 report from the Williams Institute found that an additional 2,000,000 gay, lesbian, and bisexual individuals are interested in adoption. (9) According to the Williams Institute/Urban Institute, same-sex couples raising adopted children tend to be older than, just as educated as, and have access to the same economic resources as other adoptive parents. Studies confirm that children with same-sex parents have the same advantages and same expectations for health, social, and psychological adjustment, and development as children whose parents are heterosexual. (10) An Evan B. Donaldson Adoption Institute study found that 1/3 of child welfare agencies in the United States reject gay, lesbian, and bisexual applicants. (A) The practice of prohibiting applicants from becoming foster parents or adopting children solely on the basis of sexual orientation or marital status has resulted in reducing the number of qualified adoptive and foster parents overall and denying gay, lesbian, bisexual, and unmarried relatives the opportunity to become foster parents for their own kin, including grandchildren, or to adopt their own kin, including grandchildren, from foster care. (B) According to the Williams Institute, more than 3,400 children are currently in foster placements with same-sex couples. Another 22,000 children are being raised by same-sex adoptive couples. If other States followed the minority of States and discriminated against qualified individuals because of their sexual orientation or marital status, foster care expenditures would increase between $87,000,000 and $130,000,000 per year in order to pay for additional institutional and group care, as well as to recruit and train new foster and adoptive parents. (11) Some States allow 1 member of a same-sex couple to adopt, but do not recognize both members of the couple as the child’s legal parents. Recognition of joint adoption provides children with the same rights and security that children of heterosexual parents enjoy. These protections include access to both parents’ health benefits, survivor’s, Social Security, and child support entitlements, legal grounds for either parent to provide consent for medical care, education, and other important decisions, as well as the establishment of permanency for parents and child. (12) Professional organizations in the fields of medicine, psychology, law, and child welfare have taken official positions in support of the ability of qualified gay, lesbian, bisexual, and unmarried couples to foster and adopt a child, as supported by scientific research showing sexual orientation as a nondeterminative factor in parental success. (13) Discrimination against potential foster or adoptive parents based on sexual orientation, gender identity, or marital status is not in the best interests of children in the foster care system. (b) Purposes The purposes of this Act are to decrease the length of time that children wait for permanency with a loving family and to promote the best interests of children in the child welfare system by preventing discrimination in adoption and foster care placements based on sexual orientation, gender identity, or marital status. 3. Every child deserves a family (a) Activities (1) Prohibition An entity that receives Federal assistance or contracts with an entity that receives Federal assistance, and is involved in adoption or foster care placements may not— (A) deny to any person the opportunity to become an adoptive or a foster parent on the basis of the sexual orientation, gender identity, or marital status of the person, or the sexual orientation or gender identity of the child involved; (B) delay or deny the placement of a child for adoption or into foster care on the basis of the sexual orientation, gender identity, or marital status of any prospective adoptive or foster parent, or the sexual orientation or gender identity of the child; or (C) require different or additional screenings, processes, or procedures for adoptive or foster placement decisions on the basis of the sexual orientation, gender identity, or marital status of the prospective adoptive or foster parent, or the sexual orientation or gender identity of the child involved. (2) Definition of placement decision In this section, the term placement decision means the decision to place, or to delay or deny the placement of, a child in a foster care or an adoptive home, and includes the decision of the agency or entity involved to seek the termination of birth parent rights or otherwise make a child legally available for adoptive placement. (b) Equitable relief Any individual who is aggrieved by an action in violation of subsection (a) may bring an action seeking relief in a United States district court of appropriate jurisdiction. (c) Federal guidance Not later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services shall publish guidance to concerned entities with respect to compliance with this section. (d) Technical assistance In order to ensure compliance with, and ensure understanding of the legal, practice, and culture changes required by, this Act in making foster care and adoption placement decisions, the Secretary shall provide technical assistance to all entities covered by this Act, including— (1) identifying laws and regulations inconsistent with this Act and providing guidance and training to ensure the laws and regulations are brought into compliance within the prescribed period of time; (2) identifying casework practices and procedures inconsistent with this Act and providing guidance and training to ensure the practices and procedures are brought into compliance within the prescribed period of time; (3) providing guidance in expansion of recruitment efforts to ensure consideration of all interested and qualified prospective adoptive and foster parents regardless of the sexual orientation, gender identity, or marital status of the prospective parent; (4) comprehensive cultural competency training for covered entities and prospective adoptive and foster parents; and (5) training judges and attorneys involved in foster care and adoption cases on the findings and purposes of this Act. (e) Deadline for compliance (1) In general Except as provided in paragraph (2), an entity that receives Federal assistance and is involved with adoption or foster care placements shall comply with this section not later than 6 months after publication of the guidance referred to in subsection (c), or 1 year after the date of enactment of this Act, whichever occurs first. (2) Authority to extend deadline If a State demonstrates to the satisfaction of the Secretary of Health and Human Services that it is necessary to amend State statutory law in order to change a particular practice that is inconsistent with this section, the Secretary may extend the compliance date for the State and any entities in the State that are involved with adoption or foster care placements a reasonable number of days after the close of the 1st State legislative session beginning after the date the guidance referred to in subsection (c) is published. (3) Authority to withhold funds If a State fails to comply with this section, the Secretary may withhold payment to the State of amounts otherwise payable to the State under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq., 670 et seq.), to the extent the Secretary deems the withholding necessary to induce the State into compliance with this section. (f) GAO study (1) In general Not later than 5 years after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study to determine whether the States have substantially complied with this Act, including specifically whether the States have— (A) eliminated policies, practices, or statutes that deny to any otherwise qualified person the opportunity to become an adoptive or foster parent on the basis of the sexual orientation, gender identity, or marital status of the person, or the sexual orientation or gender identity of the child involved; (B) removed all program, policy, or statutory barriers that delay or deny the placement of a child for adoption or into foster care on the basis of the sexual orientation, gender identity, or marital status of any qualified, prospective adoptive or foster parent, or the sexual orientation or gender identity of the child; and (C) eliminated all different or additional screenings, processes, or procedures for adoptive or foster placement decisions based on the sexual orientation, gender identity, or marital status of the prospective adoptive or foster parent, or the sexual orientation or gender identity of the child involved. (2) Report to the congress Not later than 1 year after completing the study required by paragraph (1), the Comptroller General shall submit to Congress a written report that contains the results of the study.

https://www.govinfo.gov/content/pkg/BILLS-113hr2028ih/xml/BILLS-113hr2028ih.xml

113-hr-2029

I 113th CONGRESS 1st Session H. R. 2029 IN THE HOUSE OF REPRESENTATIVES May 16, 2013 Mr. Ben Ray Luján of New Mexico introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To require the Secretary of Energy, in coordination with the Secretary of Labor, to establish a program to provide for workforce training and education, at community colleges, in sustainable energy. 1. Short title This Act may be cited as the Community College Energy Training Act of 2013 . 2. Sustainable energy training program for community colleges (a) Workforce training and education in sustainable energy From funds made available under subsection (c) , the Secretary of Energy, in coordination with the Secretary of Labor, shall carry out a joint sustainable energy workforce training and education program. In carrying out the program, the Secretary of Energy, in coordination with the Secretary of Labor, shall award grants to community colleges to provide workforce training and education in industries and practices such as— (1) alternative energy, including wind and solar energy; (2) high-performance green building construction, design and redevelopment; (3) sustainable energy technologies, including chemical technology, nanotechnology, and electrical technology; (4) water, energy and resource conservation; (5) recycling and waste reduction; and (6) sustainable agriculture and farming. (b) Award considerations Of the funds made available under subsection (c) for a fiscal year, not less than one-half of such funds shall be awarded to community colleges with existing (as of the date of the award) sustainability programs that lead to certificates, credentials, or degrees in one or more of the industries and practices described in paragraphs (1) through (6) of subsection (a) . (c) Authorization of appropriations There is authorized to be appropriated to carry out this section $100,000,000 for each of the fiscal years 2014 through 2018. (d) Definitions In this Act: (1) Community college The term community college means an institution of higher education, as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ), that— (A) provides a 2-year program of instruction for which the institution awards an associate degree; and (B) primarily awards associate degrees. (2) High-performance green building The term high-performance green building has the meaning given the term in section 401(13) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17061 ).

https://www.govinfo.gov/content/pkg/BILLS-113hr2029ih/xml/BILLS-113hr2029ih.xml

113-hr-2030

I 113th CONGRESS 1st Session H. R. 2030 IN THE HOUSE OF REPRESENTATIVES May 16, 2013 Mrs. Carolyn B. Maloney of New York (for herself, Mr. Farr , Ms. Chu , Mr. Moran , Mr. Connolly , Mr. Brady of Pennsylvania , Ms. Schakowsky , Ms. Hahn , Mr. Rangel , Mr. Grijalva , Ms. Norton , Ms. DeGette , and Mr. Schiff ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To direct the Federal Trade Commission to prescribe rules prohibiting deceptive advertising of abortion services. 1. Short title This Act may be cited as the Stop Deceptive Advertising for Women’s Services Act . 2. Prohibition of deceptive advertising of abortion services (a) Conduct prohibited Not later than 180 days after the date of enactment of this Act, the Federal Trade Commission shall, in accordance with section 553 of title 5, United States Code, promulgate rules to prohibit, as an unfair and deceptive act or practice, any person from advertising with the intent to deceptively create the impression that— (1) such person is a provider of abortion services if such person does not provide abortion services; and (2) such person is not a provider of abortion services if such person does provide abortion services. (b) Enforcement A violation of a rule promulgated under subsection (a) shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). The Commission shall enforce such rules 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 were incorporated into and made a part of this Act. Any person who violates this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (c) Nonprofit organizations The Federal Trade Commission shall enforce this Act with respect to an organization that is not organized to carry on business for its own profit or that of its members as if such organization were a person 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) ). 3. Definitions For purposes of the rules prescribed under section 2, the following definitions apply: (1) Advertise The term advertise means offering of goods or services to the public, regardless of whether such goods or services are offered for payment or result in a profit. (2) Abortion services The term abortion services means providing surgical and non-surgical procedures to terminate a pregnancy, or providing referrals for such procedures. (3) Person The term person has the meaning given such term in section 551(2) of title 5, United States Code.

https://www.govinfo.gov/content/pkg/BILLS-113hr2030ih/xml/BILLS-113hr2030ih.xml

113-hr-2031

I 113th CONGRESS 1st Session H. R. 2031 IN THE HOUSE OF REPRESENTATIVES May 16, 2013 Mr. Markey (for himself, Mr. Waxman , Ms. DeLauro , and Ms. Schakowsky ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title IV of the Public Health Service Act to expand the clinical trial registry data bank, and for other purposes. 1. Short title This Act may be cited as the Trial and Experimental Studies Transparency Act of 2012 or the TEST Act . 2. Expanded clinical trial registry data bank (a) In general Section 402(j) of the Public Health Service Act ( 42 U.S.C. 282(j) ) is amended— (1) in paragraph (1)(A)— (A) in clause (ii)— (i) by amending subclause (I) to read as follows: (I) an interventional study of a device subject to section 510(k), 515, or 520(m) of the Federal Food, Drug, and Cosmetic Act, including any interventional study of a device conducted outside of the United States the results of which are submitted to the Secretary in support of a PMA (as such term is defined in section 814.3(e) of title 21, Code of Federal Regulations); a premarket notification required under section 510(k) of the Federal Food, Drug, and Cosmetic Act; or a HDE (as such term is defined in section 814.3(m) of title 21, Code of Federal Regulations). ; and (ii) in subclause (II)— (I) by striking pediatric ; and (II) by inserting that involves data collection from human subjects before the period at the end; (B) by amending clause (iii) to read as follows: (iii) Applicable drug clinical trial The term applicable drug clinical trial means an interventional study of a drug subject to section 505 of the Federal Food, Drug, and Cosmetic Act or to section 351 of this Act, including any interventional study of a drug conducted outside of the United States the results of which are submitted to the Secretary in support of— (I) an IND (as such term is defined in section 312.3 of title 21, Code of Federal Regulations); (II) an application filed under subsection (b) or (j) of such section 505 of the Federal Food, Drug, and Cosmetic Act; or (III) an application for a license under section 351. ; (C) by redesignating clauses (iv) through (ix) as clauses (v) through (x), respectively; (D) after clause (iii), by inserting the following new clause: (iv) Interventional study For purposes of clauses (ii) and (iii), the term interventional study means a study in human beings in which individuals are assigned by an investigator, based on a protocol, to receive specific interventions to evaluate their effects on biomedical or health-related outcomes. ; and (E) in clause (vi), as redesignated by subparagraph (C) — (i) in the heading, by inserting ; primary completion date after date ; and (ii) by inserting , also referred to as primary completion date , before means ; (2) in paragraph (2)— (A) in subparagraph (A)(ii)— (i) by redesignating subclauses (II), (III), and (IV) as subclauses (III), (IV), and (V), respectively; (ii) by inserting after subclause (I) the following: (II) supporting documents, including— (aa) consent documents used to enroll subjects into the trial, as approved by the Institutional Review Board or equivalent committee prior to the start of the trial; and (bb) protocol documents, as approved by the Institutional Review Board or equivalent committee prior to the start of the trial; ; and (iii) in subclause (IV), as so redesignated, in item (cc), by inserting (or, in the case of a location outside of the United States, other appropriate location information) after zip code ; (B) in subparagraph (C)(ii) by striking 21 days after and inserting before ; and (C) by amending subparagraph (D) to read as follows: (D) Posting of Data The Director of NIH shall ensure that clinical trial information for an applicable clinical trial submitted in accordance with this paragraph is posted publically in the registry data bank not later than 30 days after such submission is determined to meet the quality criteria established by the Director of NIH. ; (3) in paragraph (3)— (A) in subparagraph (C)— (i) by striking Not later than 1 year and all that follows through the colon and inserting Subject to subparagraph (2)(C), the Secretary shall include in the registry and results data bank the following elements for an applicable clinical trial: ; and (ii) by adding at the end the following new clause: (v) Supporting documents Final consent and protocol documents, including all dated amendments to the initial version of such documents, as approved by the Institutional Review Board or equivalent committee. ; (B) in subparagraph (D)— (i) by striking clauses (ii) and (iv); (ii) in clause (iii)— (I) by striking subclause (III); and (II) by redesignating subclause (IV) as subclause (III); and (iii) by redesignating— (I) clause (iii) as clause (ii); and (II) clauses (v) through (vii) as clauses (iii) through (v), respectively; (C) in subparagraph (E)— (i) by striking clauses (i) through (v) and inserting the following: (i) In general Except as provided in clauses (ii) and (iii), the responsible party for an applicable clinical trial shall submit to the Director of NIH for inclusion in the registry and results data bank the clinical trial information described in subparagraph (C) not later than 1 year after the primary completion date of such trial. (ii) Delayed submission of results with certification If the responsible party for an applicable clinical trial submits a certification that an applicable clinical trial involves a drug described in clause (iii) or a device described in clause (iv), the responsible party shall submit to the Director of NIH, for inclusion in the registry and results data bank, the clinical trial information described in subparagraphs (C) and (D) not later than the earliest of the following: (I) The later of— (aa) 30 days after the drug or device is approved, licensed, or cleared, as applicable; or (bb) 1 year after the primary completion date of the applicable clinical trial. (II) The date that is 2 years after the primary completion date of the applicable clinical trial. (iii) Drug described A drug described in this clause is a drug that contains an active ingredient, including any ester or salt, that has not been an ingredient in a drug approved in any other application under section 505 of the Federal Food, Drug, and Cosmetic Act or licensed for any use under section 351 of this Act. (iv) Device described A device described in this clause is a device that has not been approved or cleared for any use under section 510(k) or under section 515 or 520(m) of the Federal Food, Drug, and Cosmetic Act. ; (ii) by redesignating clause (vi) as clause (v); and (iii) by adding at the end the following: (vi) Public postings related to delays and extensions Information submitted by the responsible party as part of a certification for delayed submission of results submitted under clause (ii) or a request for extension submitted under clause (v) shall be posted publically in the registry data bank. ; (D) by striking subparagraph (F); (E) by redesignating subparagraphs (G) through (I) as subparagraphs (F) through (H), respectively; and (F) in subparagraph (F), as so redesignated, by inserting before the period at the end the following: is determined to meet the quality criteria established by the Director of NIH ; and (4) in paragraph (4)(B)— (A) in clause (i)(II), by striking (3)(E)(iii) and inserting (3)(E)(ii) ; and (B) in clause (ii)(II)— (i) by striking by both ; and (ii) by striking and paragraph (3)(D)(ii)(II)) . (b) Implementation The Secretary of Health and Human Services shall implement the amendments made by subsection (a) not later than 6 months after the date of enactment of this Act. 3. Reporting requirement Not later than 2 years after the date of the enactment of this Act, and annually thereafter, the Director of the National Institutes of Health and the Commissioner of the Food and Drug Administration shall each 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 that includes the following: (1) Based on information that is readily available in the data bank described in section 402(j) of the Public Health Service Act ( 42 U.S.C. 282(j) )— (A) the number of trials that the Director or Commissioner, as applicable, has identified as trials that are likely to be subject to the reporting requirements of such section; (B) of the trials identified under subparagraph (A) , the estimated numbers and percentages of such trials— (i) that have complete registration information; and (ii) that have met the result reporting requirements of section 402(j) of the Public Health Service Act; and (C) whether results of the trials have been submitted by the responsible party by the due dates outlined in section 402(j) of the Public Health Service Act and, if not, whether certifications for delayed submission of such results, or requests for extensions, have been submitted by the responsible party. For purposes of this paragraph, the Secretary may use an algorithm or other technique for efficiently reviewing large amounts of data. (2) A description of any actions taken to consult with other Federal agencies under 402(j)(5)(A)(iv) of the Public Health Service Act. (3) In the case of a report submitted by the Commissioner of the Food and Drug Administration, a description of any enforcement actions taken for violations of section 301(jj) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331(jj) ), including— (A) warning letters or fines imposed related to reporting requirements; and (B) any inquiries made to responsible parties to inform those parties of any potential enforcement action. (4) In the case of a report submitted by the Director of the National Institutes of Health, a description of any actions taken to withhold grant funds from responsible parties that are not compliant with the requirements of this section as indicated in 402(j)(5)(A) of the Public Health Service Act. 4. Rulemaking related to foreign clinical studies (a) Drugs Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall issue final regulations to amend section 312.120 of title 21, Code of Federal Regulations (relating to foreign clinical studies not conducted under an IND) to require that clinical trial information for such a foreign clinical study be submitted for inclusion in the registry and results data bank in accordance with section 402(j) of the Public Health Service Act ( 42 U.S.C. 282(j) ), as amended by this Act, as a condition for the acceptance of such study as support for an IND (as such term is defined in section 312.3 of title 21, Code of Federal Regulations) or application for marketing approval (an application under section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) or section 351 of the Public Health Service Act ( 42 U.S.C. 262 )). (b) Devices Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall issue final regulations (including regulations amending section 814.15 of title 21, Code of Federal Regulations (relating to research conducted outside the United States)) to require that clinical trial information for studies conducted outside the United States be submitted for inclusion in the registry and results data bank in accordance with section 402(j) of the Public Health Service Act ( 42 U.S.C. 282(j) ), as amended by this Act, as a condition for the acceptance of such studies to support a PMA (as such term is defined in section 814.3(e) of title 21, Code of Federal Regulations), a premarket notification required under section 510(k) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(k)), or HDE (as such term is defined in section 814.3(m) of title 21, Code of Federal Regulations).

https://www.govinfo.gov/content/pkg/BILLS-113hr2031ih/xml/BILLS-113hr2031ih.xml

113-hr-2032

I 113th CONGRESS 1st Session H. R. 2032 IN THE HOUSE OF REPRESENTATIVES May 16, 2013 Mr. Markey introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To prohibit certain transfers of radioactive metal by the Department of Energy, and for other purposes. 1. Short title This Act may be cited as the Ban All Radioactive Recycling Act of 2013 . 2. Radioactive metal (a) Amendment Subtitle D of title I of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10171 ) is amended by adding at the end the following new section: 152. Radioactive metal (a) Prohibition The Department of Energy shall not plan or undertake sales, trades, barters, or transfers of any metal that has been used or stored in a radiological area other than for the purposes of storage pursuant to subsection (b). (b) Storage Such metal shall, when removed from the radiological area in which it was used or stored, be stored or disposed of at a site— (1) specifically licensed by the Commission for the storage or disposal of radioactive waste; (2) specifically licensed by a State pursuant to section 274 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2021 ) for the storage or disposal of radioactive waste; or (3) at a site on property owned by the Department of Energy that has been approved by the Secretary for the storage or disposal of radioactive waste. . (b) Conforming amendment The table of contents of the Nuclear Waste Policy Act of 1982 is amended by adding after the item relating to section 151 the following new item: Sec. 152. Radioactive metal. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2032ih/xml/BILLS-113hr2032ih.xml

113-hr-2033

I 113th CONGRESS 1st Session H. R. 2033 IN THE HOUSE OF REPRESENTATIVES May 16, 2013 Mr. McDermott (for himself, Mr. Moran , Mr. McGovern , Mr. Johnson of Georgia , Mr. Conyers , Mr. Ellison , and Mr. Jones ) introduced the following bill; which was referred to the Committee on Foreign Affairs , 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 provide for medical neutrality and to establish accountability for violations of the principle of medical neutrality, and for other purposes. 1. Short title This Act may be cited as the Medical Neutrality Protection Act of 2013 . 2. Findings; Statement of Congress (a) Findings Congress finds the following: (1) International humanitarian law codifies the principle of medical neutrality in the Geneva Conventions, to which the United States is a signatory, during times of national or international armed conflict, which offer special protections to medical facilities and personnel. These provisions recognize ambulances, hospitals, hospital ships, the personnel serving in ambulances and hospitals, citizens who assist the wounded as neutral and protected during conflict. (2) The Geneva Conventions specify that the wounded and sick shall receive adequate care, be protected from ill-treatment, and be protected from discrimination, and that emblems such as the red cross and red crescent are recognized as protective emblems in conflict. Many parts of the Geneva Conventions have been declared by the International Committee on the Red Cross (ICRC) to be customary international humanitarian law. (b) Statement of Congress Congress affirms its support of participants of peaceful demonstrations around the world, as part of the United States support for freedom of assembly as enshrined in the United States Constitution. The United States takes particular umbrage at countries that harm or endanger medical professionals during times of unrest. 3. Definitions In this Act: (1) Appropriate congressional committees 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. (2) Medical neutrality Until such time as there is a binding, internationally recognized definition of the term medical neutrality , such term refers to— (A) the protected status of health care facilities, personnel, transport, and supplies in times of national and international armed conflict and civil unrest; (B) the protection of unhindered access of the sick and injured to nondiscriminatory medical care and treatment; and (C) the understanding that all medical professionals are required to treat in a nondiscriminatory manner any individual in need of care, and the responsibility of governments not to interfere with such professional duty. (3) Violation of medical neutrality The term violation of medical neutrality includes government-sanctioned actions, and actions which are not authorized by a government policy but are not independently investigated, including— (A) militarized attacks on health care facilities, health care service providers, or individuals in the course of receiving medical treatment; (B) wanton destruction of medical supplies, facilities, records, or transportation services; (C) willful obstruction of medical ethics as specified in the World Medical Association’s International Code of Medical Ethics, including preventing medical professionals from administering ethical medical care to individuals in need; (D) coercion of medical personnel to commit acts in violation of their ethical responsibilities; (E) deliberate misuse of health care facilities, transportation services, uniforms, or other insignia; (F) deliberate blocking of access to health care facilities and health care professionals; or (G) arbitrary arrest or detention of health care service providers or individuals seeking medical care. 4. Rule of construction Nothing in this Act shall be construed to prevent or interfere with legitimate law enforcement objectives conducted in accordance with recognized international human rights norms and legal standards. 5. Statements of policy It shall be the policy of the United States to— (1) consider the protection of medical neutrality a policy priority of the United States as an integral part of the defense of recognized international human rights law and international humanitarian law; (2) use its voice, vote, and influence in international fora to further define and codify the principle of medical neutrality and to establish accountability for violations of the principle of medical neutrality; and (3) use its voice, vote, and influence at the United Nations Human Rights Council to create and appoint a Special Rapporteur on the Protection and Promotion of Medical Neutrality. 6. Determination and notification of foreign country required (a) Determination Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall compile and update at least annually a list of those foreign governments that the Secretary determines, after consultation with local and international nongovernmental organizations and the Assistant Secretary for Democracy, Human Rights and Labor, have engaged in violations of medical neutrality. The Secretary shall publish such list on the website of the Department of State. (b) Notification The Secretary of State shall provide a formal notification to a foreign government that is included on a list described in subsection (a). 7. Prohibitions (a) Prohibition on certain assistance Subject to subsection (c) of this section and section 9, and except as provided in section 8, the authorities specified in section 516 or 541 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j or 2347) or section 23 of the Arms Export Control Act ( 22 U.S.C. 2763 ) may not be used to provide assistance, and no licenses for direct commercial sales of military equipment may be issued, to the government of a country that the Secretary of State has, in accordance with section 6 of this Act, determined to have engaged in a violation of medical neutrality. (b) Prohibition on certain visas Except as provided in section 8, upon receiving credible information, including information contained in the Annual Country Reports on Human Rights Practices, that an alien is or was engaged in or has organized any act that is a violation of medical neutrality, the Secretary of State shall deny the issuance of a visa to, and the Secretary of Homeland Security shall deny the entry into the United States of, such alien. (c) Minimum duration The prohibitions on assistance described in subsection (a) shall remain in effect for a minimum of one fiscal year, after which the President may reinstate such assistance pursuant to section 9. 8. Waiver (a) In general The President may temporarily waive the prohibitions on assistance described in section 7(a) if the President transmits to the appropriate congressional committees a determination that— (1) such waiver is in the national security interest of the United States, including the reasons therefor; and (2) establishes a date, not later than two years after the issuance of such waiver, on which such waiver shall expire. (b) Congressional override If Congress enacts a joint resolution disapproving such waiver, such waiver shall have no force or effect. 9. Reinstatement of assistance The President may reinstate assistance to a country otherwise prohibited under section 7(a) upon written certification to the appropriate congressional committees that the government of such country has implemented— (1) measures that include the successful implementation of an action plan and actual steps to come into compliance with medical neutrality; and (2) policies and mechanisms to prohibit and prevent future government or government-sponsored acts that are a violation of medical neutrality and has the input and agreement of local and international nongovernmental organizations. 10. Investigations of violations of medical neutrality (a) Investigations of allegations of violations of medical neutrality The heads of United States diplomatic and consular missions shall investigate all reports of violations of medical neutrality in the countries or regions in which such missions are located for inclusion in the annual Country Reports on Human Rights Practices under sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n and 2304). (b) Inclusion in Annual Country Reports on Human Rights Practices The Foreign Assistance Act of 1961 is amended— (1) in section 116 (22 U.S.C. 2151n), by adding at the end the following new subsection: (g) The report required under subsection (d) shall include a description of any violations of medical neutrality (as such term is defined in the Medical Neutrality Protection Act of 2013) and an identification of the individuals who have engaged in or organized such violations in each foreign country covered by such report. ; and (2) in section 502B ( 22 U.S.C. 2304 ), by adding at the end the following new subsection: (j) The report required by subsection (b) shall include a description of any violations of medical neutrality (as such term is defined in the Medical Neutrality Protection Act of 2013) and an identification of the individuals who have engaged in or organized such violations in each foreign country covered by such report. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2033ih/xml/BILLS-113hr2033ih.xml

113-hr-2034

I 113th CONGRESS 1st Session H. R. 2034 IN THE HOUSE OF REPRESENTATIVES May 16, 2013 Mr. Michaud (for himself, Ms. Tsongas , Mr. Palazzo , Mr. Lipinski , and Mr. Conyers ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology , and in addition to the Committees on Homeland Security , Armed Services , and Transportation and Infrastructure , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for the establishment and operation of Advanced Composites Development Centers. 1. Short title This Act may be cited as the Advanced Composites Development Act of 2013 . 2. Findings The Congress makes the following findings: (1) Compared to traditional metals and woods, reinforced composite materials are lightweight, corrosion resistant, high strength, and durable. (2) Because of their intrinsic physical qualities, composites have the ability to address national priorities in infrastructure, energy, defense, and natural disaster mitigation with innovative solutions. (3) To this end, research on advancement in composite material development, new applications for composites, or advanced manufacturing processes serves a critical national interest. 3. Advanced Composites Development Centers (a) Establishment of program (1) In general The Secretary of Transportation, the Secretary of Energy, the Secretary of Defense, and the Secretary of Homeland Security shall carry out a program to improve our Nation’s transportation infrastructure, advance the technologies used to produce alternative energy, enhance our military security, and develop new disaster mitigation systems by making grants to consortia to establish and operate Advanced Composites Development Centers. In doing so, they shall work with stakeholders to identify problems that can be solved over a period of 5 years through the development of an advanced composite material. By working with the private sector and focusing on solutions to problems that can be researched, developed, and demonstrated over a short period of time, each Center will strive to produce new composite materials, including related manufacturing processes or applications, that are lighter, stronger, and more durable than existing materials, have lower life-cycle costs or lower overall environmental impacts, and have an immediate practical application. (2) Designation of Centers The Centers shall be designated as follows: (A) The Secretary of Transportation shall designate 1 Center for the development of advanced composites in civil infrastructure and transportation. (B) The Secretary of Energy shall designate 1 Center for the development of advanced composites in energy technology. (C) The Secretary of Defense shall designate 1 Center for the development of advanced composites in military operations. (D) The Secretary of Homeland Security shall designate 1 Center for the development of advanced composites in disaster prevention and response. (E) Any 2 or more of the Secretaries described in subparagraphs (A) through (D) may work together to explore opportunities to designate a single Center that addresses issues of importance to the Departments of each such Secretary. (3) Additional collaboration Each Secretary designating a Center under paragraph (2) may include reviewers from the Director of the National Institute of Standards and Technology and the Director of the National Science Foundation to leverage work that has been done at facilities supported by each of those agencies. (b) Consortia (1) Eligibility To be eligible to receive a grant under this section for the establishment and operation of a Center, a consortium shall— (A) be composed of qualifying entities, including at least 1 prime applicant and 1 private company; (B) operate subject to a binding agreement entered into by its members that documents— (i) the proposed partnership agreement, including the governance and management structure of the Center; (ii) measures to enable cost-effective implementation of the program under this section; (iii) a proposed budget, including financial contributions from non-Federal sources; (iv) conflict of interest procedures consistent with subsection (d)(2), all known material conflicts of interest, and corresponding mitigation plans; and (v) an accounting structure that enables the Secretary to ensure that the consortium has complied with the requirements of this section; and (C) operate as a nonprofit organization. (2) Application A consortium seeking to establish and operate a Center under this section, acting through a prime applicant, shall transmit to the Secretary an application at such time, in such form, and accompanied by such information as the Secretary shall require, including a detailed description of the elements of the consortium agreement required under paragraph (1)(B). If the consortium members will not be located at one centralized location, such application shall include a communications plan that ensures close coordination and integration of the Center’s activities. (c) Selection and schedule (1) Selection The Secretary shall select consortia for grants for the establishment and operation of Centers through competitive selection processes. In selecting consortia, the Secretary shall consider— (A) the information a consortium must disclose according to subsection (b); (B) any existing facilities a consortium will provide for Center activities; (C) experience in design, prototyping, and testing advanced composites; (D) existing ISO 17025 certification; (E) experience and achievements working with the private sector and commercializing composite materials technologies; and (F) opportunities to leverage previous support that a member of the consortium has received from the Department or Departments awarding the grant, the National Institute of Standards and Technology, or the National Science Foundation to research, develop, demonstrate, or commercialize an advanced composite. (2) Schedule Grants made for the establishment and operation of a Center shall be for a period not to exceed 5 years, after which the grant may be renewed, subject to a competitive selection process. (d) Center Operations (1) In general Centers shall conduct or provide for multidisciplinary, collaborative research, development, demonstration, and commercial application of advanced composites technologies within the technology development focus area or areas designated for the Center by the Secretary under subsection (a)(2). Each Center shall— (A) encourage collaboration and communication among the member qualifying entities of the consortium and awardees by conducting activities whenever practicable at one centralized location; (B) develop and publish on the website of the Department or Departments of the designating Secretary proposed plans and programs; (C) submit an annual report to the Secretary summarizing the Center’s activities, including detailing organizational expenditures and describing each project undertaken by the Center; and (D) monitor project implementation and coordination. (2) Conflicts of interest (A) Procedures Centers shall establish conflict of interest procedures, consistent with those of the Department or Departments of the designating Secretary, to ensure that employees and consortia designees for Center activities who are in decisionmaking capacities disclose all material conflicts of interest, including financial, organizational, and personal conflicts of interest. (B) Disqualification and revocation The Secretary may disqualify an application or revoke funds distributed to a Center if the Secretary discovers a failure to comply with conflict of interest procedures established under subparagraph (A). (e) Oversight board Each Secretary described in subsection (a)(1) shall establish and maintain within its Department an Oversight Board to oversee the progress of Centers. (f) Priority Consideration The Secretary shall give priority consideration to applications in which 1 or more of the institutions comprising the applicant consortium are 1890 Land Grant Institutions (as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7061)), Predominantly Black Institutions (as defined in section 318 of the Higher Education Act of 1965 ( 20 U.S.C. 1059e )), Tribal Colleges or Universities (as defined in section 316(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1059c(b) ), or Hispanic Serving Institutions (as defined in section 318 of the Higher Education Act of 1965 ( 20 U.S.C. 1059e )). (g) Definitions For purposes of this section: (1) Advanced composites The term advanced composites means polymer matrix composite materials, including synthetic and natural fibers, as well as synthetic and bio-based resins, used in structural, load-bearing applications. These materials may be enhanced with nano-additives, and may be used in combination with traditional and other advanced materials. (2) Center The term Center means an Advanced Composites Development Center established in accordance with this section. (3) Institution of higher education The term institution of higher education has the meaning given that term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (4) Prime applicant The term prime applicant means an institution of higher education serving as the lead entity applying for a grant under this section. (5) Qualifying entity The term qualifying entity includes— (A) an appropriate State or Federal entity; (B) a nonprofit nongovernmental organization with expertise in advanced composites technology research, development, demonstration, or commercial application; (C) any other relevant entity the Secretary considers appropriate; or (D) a United States private company with expertise in advanced composites technology research, development, demonstration, or commercial application. (6) Secretary The term Secretary means the Secretary or Secretaries designating a Center under subsection (a)(2). (h) Authorization of appropriations From the funds appropriated to research budgets of their respective departments, each Secretary described in subsection (a)(1) is authorized to expend the following amounts to carry out this section: (1) $15,000,000 for fiscal year 2014. (2) $16,000,000 for fiscal year 2015. (3) $17,500,000 for fiscal year 2016. (4) $19,000,000 for fiscal year 2017. (5) $20,000,000 for fiscal year 2018.

https://www.govinfo.gov/content/pkg/BILLS-113hr2034ih/xml/BILLS-113hr2034ih.xml

113-hr-2035

I 113th CONGRESS 1st Session H. R. 2035 IN THE HOUSE OF REPRESENTATIVES May 16, 2013 Mr. Neal introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Internal Revenue Code of 1986 to expand personal saving and retirement savings coverage by enabling employees not covered by qualifying retirement plans to save for retirement through automatic IRA arrangements, and for other purposes. 1. Short title; reference (a) Short title This Act may be cited as the Automatic IRA Act of 2013 . (b) Amendment of 1986 Code Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. 2. Employees not covered by qualifying retirement plans or arrangements entitled to participate in automatic IRA arrangements (a) In general Subpart A of part I of subchapter D of chapter 1 (relating to pension, profit-sharing, stock bonus plans, etc.) is amended by inserting after section 408A the following new section: 408B. Right to automatic IRA arrangements at work (a) Requirement To provide automatic IRA arrangement Each covered employer shall make available to each qualifying employee of the employer for the calendar year an automatic IRA arrangement. (b) Covered employer For purposes of this section— (1) In general Except as otherwise provided in this subsection or subsection (c)(2), the term covered employer means, with respect to any year, an employer which does not maintain a qualifying plan or arrangement described in section 219(g)(5) for the calendar year. (2) Excluded plans A qualifying plan or arrangement shall not be taken into account for purposes of paragraph (1) if— (A) the plan or arrangement is frozen as of the first day of the preceding calendar year, or (B) in the case of a plan or arrangement under which the only contributions are discretionary on the part of the employer or other plan sponsor, no employer contribution has been made to the plan or arrangement for the 2-plan-year period ending with the last plan year ending in the second preceding calendar year and it is not reasonable to assume that an employer contribution will be made for the last plan year ending in the preceding calendar year. (3) Exception for certain small and new employers (A) In general The term covered employer does not include an employer for a calendar year if the employer either— (i) did not employ more than 10 employees who received at least $5,000 of compensation (as defined in section 3401(a)) from the employer for the preceding calendar year, (ii) did not normally employ more than 10 employees on a typical business day of the preceding calendar year, or (iii) was not in existence at all times during the calendar year and the preceding calendar year. (B) Operating rules In determining the number of employees for purposes of subparagraph (A)— (i) rules consistent with any rules applicable in determining the number of employees for purposes of section 408(p)(2)(C) and section 4980B(d) shall apply, (ii) all members of the same family (within the meaning of section 318(a)(1)) shall be treated as 1 individual, and (iii) any reference to an employer shall include a reference to any predecessor employer. (4) Exception for governments and churches The term covered employer does not include— (A) a government or entity described in section 414(d), or (B) a church or a convention or association of churches which is exempt from tax under section 501. (5) Aggregation rule All persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as a single employer. (c) Qualifying employee For purposes of this section— (1) In general The term qualifying employee means any employee of the employer who is not an excluded employee. (2) Plan sponsor’s employees If— (A) an employer maintains one or more qualifying plans or arrangements described in section 219(g)(5), and (B) the employees of a subsidiary, division, or other major business unit are generally not eligible to participate in any such qualifying plan or arrangement, then, for purposes of this section, the employer shall be treated as a covered employer with respect to such employees (other than excluded employees), and such employees (other than excluded employees) shall be treated as qualifying employees, but only if there are 50 or more ineligible employees of such subsidiary, division or other major business unit constituting at least 10 percent of the employees of the employer (other than excludable employees). (3) Excluded employees (A) In general The term excluded employee means an employee of the employer who is an excludable employee and who is in a class or category that the employer excludes from treatment as qualifying employees. (B) Excludable employee The term excludable employee means— (i) any employee described in section 410(b)(3), (ii) any employee who has not attained the age of 18 before the beginning of the calendar year, (iii) any employee who has not completed at least 3 months of service with the employer, (iv) in the case of an employer that maintains a qualifying plan or arrangement which excludes employees who have not satisfied the minimum age and service requirements for participation in the plan, any employee who has not satisfied such requirements, (v) in the case of an employer that maintains a section 403(b) annuity contract (including a custodial account or retirement income account), any employee who is permitted to be excluded from any salary reduction arrangement under the contract pursuant to section 403(b)(12), (vi) in the case of an employer that maintains an arrangement described in section 408(p), any employee who is not required to be eligible to participate in the arrangement under section 408(p)(4), and (vii) in the case of an employer that maintains a simplified employee pension described in section 408(k), any employee who is permitted to be excluded from participation under section 408(k)(2). (4) Guidance The Secretary shall issue regulations or other guidance to carry out this subsection, including— (A) guidelines for determining the classes or categories of employees to be covered by an automatic IRA arrangement, (B) if an employer excludes employees from the automatic IRA arrangement, guidelines providing that the employer shall specify the classification or categories of employees who are so excluded, and (C) rules to prevent avoidance of the requirements of this section. (d) Automatic IRA arrangement For purposes of this section— (1) In general The term automatic IRA arrangement means an arrangement of an employer (determined without regard to whether the employer is required to maintain the arrangement)— (A) which covers each qualifying employee of the covered employer for the calendar year, (B) under which a qualifying employee— (i) may elect— (I) to contribute to an individual retirement plan, or to purchase a qualified retirement bond on behalf of the employee, by having the employer deposit payroll deduction amounts or make other periodic direct deposits (including electronic payments) to the plan or to be invested in retirement bonds (whether to the Secretary of the Treasury or to a designated trustee or other agent for that purpose), or (II) to have such payments paid to the employee directly in cash, (ii) is treated as having made the election under clause (i)(I) in the amount specified in paragraph (4) until the individual specifically elects not to have such contributions or purchases made (or specifically elects to have such contributions or purchases made at a different percentage or in a different amount), and (iii) may elect to modify the manner in which such amounts are invested for such year, (C) which meets the administrative requirements of paragraph (2), including the notice requirement of paragraph (2)(C), and (D) which does not charge unreasonable additional fees solely on the basis that the balance in an automatic IRA is small. (2) Administrative requirements (A) Payments The requirements of this paragraph are met with respect to any automatic IRA arrangement if the employer makes the payments elected or treated as elected under paragraph (1)(B)— (i) on or before the last day of the month following the month in which the compensation otherwise would have been payable to the employee in cash, or (ii) before such later deadline prescribed by the Secretary for making such payments, but not later than the due date for the deposit of tax required to be deducted and withheld under chapter 24 (relating to collection of income tax at source on wages) for the payroll period to which such payments relate. (B) Termination of employee participation Subject to a requirement for reasonable notice, an employee may elect to terminate participation in the arrangement at any time during a calendar year, except that if an employee so terminates, the arrangement may provide that the employee may not elect to resume participation until the beginning of the next calendar year. (C) Notice of election period The requirements of this paragraph shall not be treated as met with respect to any year unless the employer notifies each employee eligible to participate, within a reasonable period of time before the 30th day before the beginning of such year (and, for the first year the employee is so eligible, the 30th day before the first day such employee is so eligible), of— (i) the payments that may be elected or treated as elected under paragraph (1)(B), (ii) the opportunity to make the election to terminate participation in the arrangement under paragraph (2)(B), (iii) the opportunity to make the election under paragraph (1)(B)(ii) to have contributions or purchases made at a different percentage or in a different amount, and (iv) the opportunity under paragraph (1)(B)(iii) to modify the manner in which such amounts are invested for such year. (D) Employer may permit employees to choose IRA Subject to subsection (f), if the employer so elects, the arrangement provides that an employee may elect to have contributions made to any individual retirement plan specified by the employee. (E) Employer may permit employees to choose retirement bond Subject to subsection (f), if the employer so elects, the arrangement provides that an employee may elect to have payments applied toward the purchase of retirement bonds. (3) Default investments If an employee is treated under clause (ii) of paragraph (1)(B) as having made an election to participate in an automatic IRA arrangement— (A) the employee shall be deemed to have made an election to make contributions and payments in the amount determined under such clause, (B) such contributions shall— (i) if the employer has made an election under subsection (f)(2), be transferred to an individual retirement plan of the designated trustee or issuer but only if the contributions are invested as provided in paragraph (5), or (ii) be applied toward the purchase of a retirement bond. (4) Amount of contributions and payments (A) In general The amount specified in this paragraph is— (i) 3 percent of compensation, or (ii) such other percentage of compensation as is specified in regulations prescribed by the Secretary which is not less than 2 percent or more than 6 percent. (B) Authority to provide for periodic increases In the case of qualifying employees under an automatic IRA arrangement for 2 or more consecutive years, the Secretary may by regulation provide for periodic (not more frequent than annual) increases in the percentage of compensation an employee is deemed to have elected under subparagraph (A). The considerations the Secretary shall take into account in issuing any regulations under this subparagraph and subparagraph (A) shall include the potential effects on lower-income employees as well as on adequacy of savings. (C) Permitted additional procedures to limit contributions An employer— (i) shall have no responsibility for any calendar year for determining whether, or ensuring that, the contributions with respect to any employee do not exceed the deductible amount in effect for taxable years beginning in the calendar year under section 219(b)(5) (determined without regard to subparagraph (B) thereof), and (ii) shall not be treated as failing to satisfy the requirements of this section or any other provision of this title merely because the employer chooses to limit the contributions under this subsection on behalf of a qualifying employee for any calendar year in a manner reasonably designed to avoid exceeding such deductible amount. (5) Required investments (A) In general Amounts contributed under paragraph (3)(B)(i) shall be invested only in the class of assets or funds described in subparagraph (B) unless the employer elects a class of assets or funds described in subparagraph (C), (D), (E), or (F). (B) Target date/lifecycle option The class of assets or funds described in this subparagraph is the class of assets or funds that constitutes a qualified default investment alternative under Department of Labor regulation section 2550.404c–5(e)(4)(i). (C) Principal preservation The class of assets or funds described in this subparagraph is the class of assets or funds that is designed to protect the principal of the individual on an ongoing basis, including passbook savings, certificates of deposit, insurance contracts, mutual funds, United States savings bonds (which may be indexed for inflation), and similar assets specified in regulations. (D) Balanced option The class of assets or funds described in this subparagraph is the class of assets or funds that constitutes a qualified default investment alternative under Department of Labor regulation section 2550.404c–5(e)(4)(ii). (E) Guaranteed lifetime income option or equivalent The class of assets or funds described in this subparagraph is the class of assets or funds that is designed to provide an employee with the right to elect to receive distributions as a defined level of income annually (or more frequently) for at least the remainder of the life of the employee or the joint lives of the employee and the employee’s designated beneficiary. No later than 12 months after the date of enactment of this Act, the Secretary of Labor and the Secretary shall issue guidance defining a guaranteed lifetime income or equivalent. (F) Other Any other class of assets or funds determined by the Secretary to be a qualified investment for purposes of this section. (6) Coordination with withholding The Secretary shall modify the withholding exemption certificate under section 3402(f) so that, in the case of any qualifying employee covered under an automatic IRA arrangement, any notice and election requirements with respect to the arrangement may be met through the use of an attachment to such certificate or other modifications of the withholding exemption procedures. (7) Treatment as IRA A qualifying employee for whom an automatic IRA is established under paragraph (1) may elect, at such time and in such manner and form as the Secretary may prescribe, whether to treat the individual retirement plan as described, or not described, in section 408A. If no such election is made, the plan shall be treated as described in section 408A and shall meet the requirements of section 408A. (8) Employer’s Option to Obtain Affirmative Elections from Employees Instead of Automatic Enrollment As an alternative to automatic enrollment, an employer may choose to comply with subsection (d)(1)(B)(ii) by notifying employees that the employer wishes to obtain from each qualifying employee an affirmative election either to contribute or not to contribute to an automatic IRA, provided that any qualifying employee who fails to make such an election is treated in the manner provided under subsection (d)(1)(B)(ii). (e) Automatic IRA contributions and retirement bond purchases treated like other contributions to individual retirement plans (1) Tax treatment unaffected The fact that a contribution to an individual retirement plan or purchase of a retirement bond is made on behalf of an employee under an automatic IRA arrangement instead of being made directly by the employee shall not affect the deductibility or other tax treatment of the contribution or of other amounts under this title. (2) Payroll savings contributions taken into account Any contribution to an individual retirement plan or purchase of a retirement bond made on behalf of an employee under an automatic IRA arrangement shall be taken into account in applying the limitations on contributions to individual retirement plans and the other provisions of this title applicable to individual retirement plans as if the contribution or purchase had been made directly by the employee. (f) Deposits to plans of a designated trustee or issuer and for retirement bonds (1) In general An employer shall not be treated as failing to satisfy the requirements of this section or any other provision of this title merely because the employer makes all contributions (or all contributions on behalf of employees who do not specify an individual retirement plan, trustee, or issuer to receive the contributions) to individual retirement plans specified in paragraph (2) or to the Secretary or his agent for the purchase of retirement bonds specified in paragraph (3). (2) Individual retirement plans other than those selected by employee An employer may elect to have contributions for all qualifying employees participating in an automatic IRA arrangement made to individual retirement plans of a trustee or issuer under the arrangement that has been designated by the employer. The preceding sentence shall not apply unless each participant is notified in writing that the participant’s balance may be transferred without cost or penalty to another individual retirement plan established by or on behalf of the participant. (3) Retirement bonds (A) In general The Secretary shall provide that contributions deposited under subparagraph (B) shall be applied to the purchase of a retirement bond in the name of each applicable employee. (B) Payroll deposit features The Secretary shall establish procedures so that contributions may be applied to the purchase of retirement bonds without undue administrative or paperwork requirements on participating employers. Such procedures shall ensure that only 1 such retirement bond of each type (traditional or Roth) is issued for each TIN. (4) Payroll tax deposit procedure The procedures the Secretary shall establish may include a procedure under which an employer— (A) may include with each deposit of tax required to be deducted and withheld under chapter 24 the aggregate amounts, for the period covered by the deposit, which qualifying employees have designated under subsection clause (i)(I) of subsection (d)(1)(B) (or are deemed to have designated under clause (ii) of such subsection) as contributions to purchase retirement bonds on behalf of the employees under paragraph (3), and (B) specifies, in such manner as the Secretary may prescribe, information needed to purchase retirement bonds on behalf of each applicable employee for whom a contribution is to be made, including— (i) the employee’s name and TIN, and (ii) the amount of the contribution. (5) Purposes The purposes of the retirement bond program established under this subsection and subsection (g) include— (A) providing new savers a convenient, low-cost investment option suitable for the initial accumulation of small automatic IRA contributions, (B) to reflect the intent that the long-term investment of automatic IRA funds for most savers be in the private market rather than in retirement bonds, encouraging and assisting individuals who accumulate larger amounts in retirement bonds to transfer those funds to individual retirement plans in the private market, while (C) permitting individuals to remain invested in retirement bonds if they choose to do so. (6) Regulations The Secretary may issue such regulations as are necessary to carry out the purposes of this subsection and subsection (g), including— (A) establishment of procedures to communicate to individuals the importance of investment diversification and the transfer option described in subparagraph (B), (B) simplified procedures under which holders of retirement bonds may periodically choose to have the bonds or their proceeds transferred to available individual retirement plans, and (C) means by which individuals may elect (or be treated as electing) whether to have retirement bonds or their proceeds so transferred. Any such transfer shall be treated as a rollover contribution for purposes of section 408(d)(3) (other than subparagraph (B) thereof). (g) Retirement bond (1) Retirement bond The term retirement bond means a bond issued under chapter 31 of title 31, which by its terms, or by regulations prescribed by the Secretary under such chapter— (A) provides for interest to be credited at rates that take into account the expected duration of the funds invested in retirement bonds and at rates determined or adjusted in a manner and with sufficient frequency to provide substantial protection from inflation, (B) is not transferable, and (C) is designed for investment for retirement under automatic IRA arrangements or other savings vehicles. (2) Individual retirement plan rules applicable The provisions of this title applicable to an individual retirement plan (as defined in section 7701(a)(37)), including provisions relating to contributions, holding and distributions, shall apply to a retirement bond, except as determined by the Secretary. (3) Annual statement As soon as practicable after the close of the calendar year, the Secretary shall make available an annual statement to each participant setting forth— (A) payments made by or on behalf of the participant for the retirement bond, (B) amounts earned by the retirement bond, (C) the value of the account as of the close of such calendar year, (D) the importance of diversifying retirement savings, (E) the benefits of a well-balanced and diversified investment portfolio, (F) a notice of the internet website of the Department of Labor for sources of information on individual investing and diversification, (G) the procedures for redeeming a retirement bond and directly transferring the redeemed amount into an individual retirement plan, (H) other factors affecting retirement savings decisions, and (I) such other information as the Secretary determines necessary or appropriate. (h) Model notice The Secretary shall— (1) provide a model notice, written in a manner calculated to be understandable to the average worker, that is simple for employers to use— (A) to notify employees of the requirement under this section for the employer to provide certain employees with the opportunity to participate in an automatic IRA arrangement, and (B) to satisfy the requirements of subsection (d)(2)(C), (2) provide uniform forms for enrollment, including automatic enrollment, in an automatic IRA arrangement, and (3) establish a website or other electronic means that small employers can access and use to obtain information on automatic IRA arrangements and to obtain required notices and forms. The information referred to in paragraph (3) shall be provided in a manner designed to assist employers and providers by facilitating the identification by employers of private-sector providers of individual retirement plans and associated investment options that are appropriate for use in automatic IRA arrangements. (i) Cross reference For provision preempting conflicting State laws, see section 2(k) of the Automatic IRA Act of 2013 . . (b) Mandatory transfers Section 401(a)(31)(B) is amended— (1) by inserting (including an automatic IRA arrangement) after individual retirement plan each place it appears, and (2) by adding at the end the following new sentence: Any amount so transferred (and any earnings thereon) shall be invested in a default investment described in section 408B(d)(5). . (c) Penalty for failure To timely remit contributions to automatic IRA arrangements Section 4975(c) is amended by adding at the end the following new paragraph: (7) Special rule for automatic IRA arrangements For purposes of paragraph (1), if an employer is required under an automatic IRA arrangement under section 408B to deposit amounts withheld from an employee's compensation into an automatic IRA or toward the purchase of a retirement bond but fails to do so within the time prescribed under section 408B(d)(2)(A), such amounts shall be treated as assets of the automatic IRA. . (d) Coordination with Employee Retirement Income Security Act of 1974 (1) Exemption (A) In general Section 3(2) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(2) ) is amended— (i) by inserting or (C) after subparagraph (B) in subparagraph (A), and (ii) by adding at the end the following new subparagraph: (C) An automatic IRA arrangement described in section 408B(d) of the Internal Revenue Code of 1986 shall not be treated as an employee pension benefit plan or pension plan if, under the arrangement, contributions are to be made to an automatic IRA the provider of which is included in the website list established under section 408B(h)(3) of such Code, are to be made to an individual retirement plan designated by the employee, or are to be invested in retirement bonds (whether to the Secretary of the Treasury or to a designated trustee or other agent for that purpose). . (B) Customer identification program Notwithstanding the amendment made by subparagraph (A), an individual retirement plan established pursuant to an automatic IRA arrangement described in section 408B(d) of the Internal Revenue Code of 1986 shall, for purposes of any customer identification program established under section 5318(l) of title 31, United States Code, be treated as an account opened for the purpose of participating in an employee benefit plan established under the Employee Retirement Income Security Act of 1974. (2) Fiduciary duties Section 404(c)(2) of such Act is amended— (A) by inserting the following sentence before the last sentence: In the case of an automatic IRA under section 408B of such Code that is not exempt under section 3(2)(C), a participant or beneficiary shall, for purposes of paragraph (1), be treated as exercising control over the assets in the account on and after the 7th day after notice has been given to an employee that such automatic IRA has been established on behalf of the employee. , and (B) by inserting or with respect to an automatic IRA under section 408B of such Code after arrangement in the last sentence. (e) Notice of availability of investment guidelines (1) In general Section 408(i) (relating to reports) is amended by adding at the end the following new sentences: Any report furnished under paragraph (2) to an individual shall include notice of the internet website of the Department of Labor for sources of information on individual investing and diversification. . (2) Update Information Such information shall be modified (or updated) by the Secretary of Labor in consultation with the Secretary of the Treasury and the Chairman of the Securities and Exchange Commission to address needed changes due to the creation of automatic IRAs. (f) Failure To provide access to payroll savings arrangements Chapter 43 (relating to qualified pension, etc., plans) is amended by adding at the end the following new section: 4980J. Requirements for covered employers to provide employees access to automatic IRA arrangements (a) General rule There is hereby imposed a tax on any failure by a covered employer (as defined in section 408B) to meet the requirements of subsection (d) for a calendar year. (b) Amount (1) In general The amount of the tax imposed by subsection (a) on any failure for any calendar year shall be $100 with respect to each employee to whom such failure relates. (2) Tax not to apply where failure not discovered and reasonable diligence exercised No tax shall be imposed by subsection (a) on any failure during any period for which it is established to the satisfaction of the Secretary that the employer subject to liability for the tax did not know that the failure existed and exercised reasonable diligence to meet the requirements of subsection (d). (3) Tax not to apply to failures corrected within 90 days No tax shall be imposed by subsection (a) on any failure if— (A) the employer subject to liability for the tax under subsection (a) exercised reasonable diligence to meet the requirements of subsection (d), and (B) the employer provides the automatic IRA arrangement described in section 408B to each employee eligible to participate in the arrangement by the end of the 90-day period beginning on the first date the employer knew, or exercising reasonable diligence would have known, that such failure existed. (4) Waiver by Secretary In the case of a failure which is due to reasonable cause and not to willful neglect, the Secretary may waive part or all of the tax imposed by subsection (a) to the extent that the payment of such tax would be excessive or otherwise inequitable relative to the failure involved. (c) Procedures for notice The Secretary may prescribe and implement procedures for obtaining confirmation that employers are in compliance with the requirements of subsection (d). The Secretary, in the Secretary’s discretion, may prescribe that the confirmation shall be obtained on an annual or less frequent basis, and may use for this purpose the annual report or quarterly report for employment taxes, or such other means as the Secretary may deem advisable. (d) Requirement To provide employee access to automatic IRA arrangements The requirements of this subsection are met if the employer meets the requirements of section 408B. . (g) Waiver of early withdrawal penalty for certain distributions following initial election To participate in automatic IRA arrangement Subsection (t) of section 72 is amended by adding at the end the following new paragraph: (11) Distribution following initial election to participate in automatic IRA arrangement Paragraph (1) shall not apply in the case of a distribution to a qualifying employee made not later than 90 days after the initial election under section 408B(d)(1)(B)(ii). . (h) Bankruptcy Section 522 of title 11, United States Code, is amended— (1) in subsection (d)(12) by inserting 408B, after 408A, , and (2) in subsection (n) by inserting , or in an automatic IRA arrangement described in section 408B, . (i) Automatic IRA Advisory Group (1) In general Not later than 60 days after the date of enactment of this Act, the Secretary of the Treasury and the Secretary of Labor shall jointly establish an Automatic IRA Advisory Group (in this subsection referred to as the Advisory Group ). The purpose of the Advisory Group shall be to make recommendations regarding the automatic IRA investment options described in section 408B(d)(5) of the Internal Revenue Code of 1986 and the website described in section 408B(h)(3) of such Code, including, with respect to automatic IRA arrangements, the disclosure of information regarding fees and expenses, the use of low-cost investment options, the appropriate use of electronic methods to provide notice and disclosure, and such other related matters as may be determined by the Secretaries. (2) Membership The Advisory Group shall consist of not more than 15 members and shall be composed of— (A) such persons as the Secretaries of the Treasury and Labor may consider appropriate to provide expertise regarding investments for retirement, including providers of individual retirement accounts and individual retirement annuities described in section 408 or 408A of such Code, and (B) one or more representatives of the Department of Labor and of the Department of the Treasury. (3) Compensation The members of the Advisory Group shall serve without compensation. (4) Administrative support The Department of the Treasury and the Department of Labor shall jointly provide appropriate administrative support to the Advisory Group, including technical assistance. The Advisory Group may use the services and facilities of such Departments, with or without reimbursement, as jointly determined by such Departments. (5) Report by advisory group Not later than 12 months after the date of the enactment of this Act, the Advisory Group shall submit to the Secretary of Labor and the Secretary of the Treasury a report containing its recommendations. The Secretaries may request that the Advisory Group submit subsequent reports. (j) Conforming amendments (1) The table of sections for subpart A of part I of subchapter D of chapter 1 is amended by inserting after the item relating to section 408A the following new item: Sec. 408B. Right to automatic IRA arrangements at work. . (2) The table of sections for chapter 43 is amended by adding at the end the following new item: Sec. 4980J. Requirements for employers to provide employees access to automatic IRA arrangements. . (k) Preemption of conflicting State laws The amendments made by this section shall supersede any law of a State that would directly or indirectly prohibit or restrict the establishment or operation of an automatic IRA arrangement meeting the requirements of section 408B of the Internal Revenue Code of 1986. Nothing in such amendments shall be construed to impair or supersede any State law to the extent it provides a remedy for the failure to make payroll deposit payments under any such automatic IRA arrangement within the period required under such section 408B. (l) Effective date The amendments made by this section shall apply to calendar years beginning after December 31, 2014. 3. Credit for small employers maintaining automatic IRA arrangements (a) In general Subpart D of part IV of subchapter A of chapter 1 (relating to business related credits) is amended by adding at the end the following new section: 45S. Small employer automatic IRA arrangement (a) General rule For purposes of section 38, in the case of an eligible employer maintaining an automatic IRA arrangement meeting the requirements of section 408B (without regard to whether the employer is required to maintain the arrangement), the small employer automatic IRA arrangement credit determined under this section for any taxable year is the amount determined under subsection (b). (b) Amount of credit (1) In general The amount of the credit determined under this section for any taxable year with respect to an eligible employer shall be the sum of— (A) $25 multiplied by the number of qualifying employees (within the meaning of section 408B(c)) for whom contributions are made under the automatic IRA arrangement referred to in subsection (a) for the calendar year in which the taxable year begins, plus (B) $500 for the taxable year which begins in the first calendar year, and $250 for the taxable year which begins in the second calendar year, in which the eligible employer maintains an automatic IRA arrangement meeting the requirements of section 408B. (2) Limitation No more than 10 qualifying employees may be taken into account under paragraph (1)(A) for a taxable year. (3) Duration of credit The credit described in paragraph (1)(A) shall apply only for a taxable year which begins in the first 6 calendar years in which the eligible employer maintains an automatic IRA arrangement meeting the requirements of section 408B. (4) Coordination with small employer startup credit (A) No credit shall be allowed under this section to the employer for any taxable year if a credit is determined under section 45E with respect to the employer for the taxable year. (B) If the eligible employer maintains an automatic IRA arrangement meeting the requirements of section 408B with respect to any of the first three calendar years for which the employer could adopt such an arrangement and subsequently adopts an eligible employer plan for its employees for any of those years which it maintains for such third taxable year, then section 45E(b)(1) shall be applied with respect to the eligible employer by replacing 2 taxable years with 3 taxable years . (c) Eligible employer For purposes of this section, the term eligible employer means, with respect to any calendar year in which the taxable year begins, an employer which— (1) maintains an automatic IRA arrangement meeting the requirements of section 408B, (2) on each day during the preceding calendar year, had no more than 100 employees, and (3) did not maintain a qualifying plan or arrangement (described in section 408B(b)) during the portion of the calendar year preceding the adoption of the automatic IRA arrangement and the 2 preceding calendar years. (d) Other rules For purposes of this section, the rules of section 45E(e) shall apply. . (b) Credit allowed as part of general business credit Section 38(b) (defining current year business credit) is amended by striking plus at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting , plus , and by adding at the end the following new paragraph: (37) in the case of an eligible employer (as defined in section 45S(c)) maintaining an automatic IRA arrangement meeting the requirements of section 408B, the small employer automatic IRA arrangement credit determined under section 45S(a). . (c) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end the following new item: Sec. 45S. Small employer automatic IRA arrangement. . (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2014. 4. Studies (a) In general The Secretary of the Treasury and the Secretary of Labor shall jointly conduct a separate study of the feasibility and desirability of each of the following: (1) Extending to automatic IRA arrangements spousal consent requirements similar to, or based on, those that apply under the Federal Employees’ Thrift Savings Plan, including consideration of whether modifications of such requirements are necessary to apply them to automatic IRA arrangements. (2) Establishing procedures under which amounts saved by employees in retirement bonds would be automatically transferred into alternative diversified investments provided by the private sector when employees’ automatic IRA balances reach a certain dollar level as well as procedures facilitating employees’ ability to transfer into such private sector investments. (b) Study of consolidation of individual retirement plans The Secretary of the Treasury and the Secretary of Labor shall jointly conduct a separate study of the feasibility and desirability of— (1) using data submitted on investments in individual retirement accounts and annuities to enable individuals with multiple such accounts and annuities that include very small amounts to receive periodic notices informing them about the location of these accounts and how such accounts and annuities might be consolidated, and (2) using investment arrangements associated with automatic IRAs to assist in addressing the problem of abandoned accounts. (c) Report Not later than 18 months after the date of the enactment of this Act, the Secretaries shall report the results of each study conducted under this section, together with any recommendations for legislative changes, to the Committees on Finance and Health, Education, Labor, and Pensions of the Senate and the Committees on Ways and Means and Education and the Workforce of the House of Representatives. 5. Eliminating barriers to use of multiple employer plans By December 31, 2013, the Secretaries of the Treasury and Labor shall— (1) prescribe administrative guidance establishing conditions under which an employer participating in a plan described in section 413(c) of the Internal Revenue Code of 1986 shall not have any liability under title I of the Employee Retirement Income Security Act of 1974 with respect to the acts or omissions of one or more other participating employers, which regulations may require that the portion of the plan attributable to such participating employers be spun off to plans maintained by such employers, (2) prescribe administrative guidance establishing conditions under which a plan described in section 413(c) of such Code may be treated as satisfying the qualification requirements of sections 401(a) and 413(c) of such Code despite the violation of such requirements by one or more participating employers, including requiring, if appropriate, that the portion of the plan attributable to such participating employers be spun off to plans maintained by such employers, and (3) prescribe administrative guidance providing simplified means by which plans described in section 413(c) of such Code may satisfy the requirements of section 103 of the Employee Retirement Income Security Act of 1974. 6. Increase in credit limitation for small employer pension plan startup costs (a) In general Paragraph (1) of section 45E(b) is amended to read as follows: (1) for the first credit year and each of the 2 taxable years immediately following the first credit year, the greater of— (A) $500, or (B) the lesser of— (i) $250 for each employee of the eligible employer who is not a highly compensated employee (as defined in section 415(q)) and who is eligible to participate in the eligible employer plan maintained by the eligible employer, or (ii) $5,000. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr2035ih/xml/BILLS-113hr2035ih.xml

113-hr-2036

I 113th CONGRESS 1st Session H. R. 2036 IN THE HOUSE OF REPRESENTATIVES May 16, 2013 Mr. O’Rourke (for himself, Ms. Bass , Mr. Lewis , Ms. Roybal-Allard , Ms. Slaughter , and Mr. Grijalva ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Agriculture , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend part E of title IV of the Social Security Act to require States to help alien children in the child welfare system apply for all available forms of immigration relief, and for other purposes. 1. Short title This Act may be cited as the Foster Children Opportunity Act . 2. State plan requirement to have procedures to help alien children in the child welfare system achieve special immigrant juvenile status and lawful permanent resident status Section 471(a)(27) of the Social Security Act ( 42 U.S.C. 671(a)(27) ) is amended by inserting , and if the child is an alien without a lawful immigration status, for reviewing the child’s eligibility for special immigrant juvenile status, lawful permanent resident status, and other forms of relief under immigration law, within 1 year after the status of the child is first reviewed pursuant to section 475(5)(B), and annually thereafter, and for assisting the child in applying for special immigrant juvenile status, lawful permanent resident status, and other forms of relief under immigration law, so that the child can reasonably be expected to achieve such relief before exiting foster care, if doing so would be in the best interests of the child before the period. 3. Requirement that State child welfare agencies document their efforts to pursue lawful immigrant status for eligible alien foster children Section 475(1) of the Social Security Act ( 42 U.S.C. 675(1) ) is amended by adding at the end the following: (H) In the case of an alien child who, after a review conducted pursuant to section 471(a)(27), is determined to be a child who may qualify for special immigrant juvenile status, lawful permanent resident status, or other forms of relief under immigration law, documentation of the steps the agency is taking in assisting the child to obtain the status before exiting foster care, including whether the requisite petitions have been filed on behalf of the child, and whether assistance has been provided to secure immigration legal counsel for the child. . 4. Requirment to determine whether filing petitions for special immigrant juvenile status and lawful permanent resident status for alien foster children is in the child’s best interest in appropriate cases Section 475(5)(C)(i) of the Social Security Act ( 42 U.S.C. 675(5)(C)(i) ) is amended by inserting , and, in the case of an alien child without lawful immigration status, the hearing shall determine whether a petition for special immigrant juvenile status or lawful permanent resident status has been filed on behalf of the child and, if such a petition has not been so filed, whether it is in the best interests of the child, including consideration of the potential effects on family reunification efforts, to have such a petition so filed or to have immigration counsel appointed before the semicolon at the end. 5. Authority to use court improvement program grant funds to educate and train child welfare and court staff, including judges, social workers, court-appointed special advocates, and lawyers to assist alien children in achieving special immigrant juvenile status, lawful permanent resident status, and other forms of relief under immigration law Section 438(a)(2) of the Social Security Act ( 42 U.S.C. 629h(a)(2) ) is amended— (1) by striking and at the end of subparagraph (B); (2) by adding and at the end of subparagraph (C); and (3) by adding at the end the following: (D) to educate and train child welfare and court staff, including judges, social workers, court-appointed special advocates, and attorneys to assist alien children in achieving special immigrant juvenile status, lawful permanent resident status, and other forms of relief under immigration law in a timely manner; . 6. Technical assistance for child welfare agencies On request of a State child welfare agency for technical assistance in carrying out the amendments made by this Act, the Secretary of Health and Human Services, in consultation with the Secretary of Homeland Security and the Secretary of State, shall provide the assistance, and may award grants to and enter into contracts with qualified non-profit or other community-based service providers with substantive expertise to perform the assistance. 7. Eligibility for assistance (a) Public benefits (1) Federal means-tested public benefits Section 403(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1613(b) ) is amended by adding at the end the following: (3) Exception for individuals who have obtained special immigrant juvenile status An alien who is granted special immigrant juvenile status under section 101(a)(27)(J) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27)(J) ). . (2) Other Federal programs Section 402 of such Act ( 8 U.S.C. 1612 ) is amended— (A) in subsection (a)(2), by adding at the end the following: (N) Exception for individuals who have obtained special immigrant juvenile status With respect to eligibility for benefits for the specified Federal programs described in paragraph (3), paragraph (1) shall not apply to any alien who is granted special immigrant juvenile status under section 101(a)(27)(J) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27)(J) ). ; and (B) in subsection (b)(2), by adding at the end the following: (G) Exception for individuals who have obtained special immigrant juvenile status An alien who is granted special immigrant juvenile status under section 101(a)(27)(J) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27)(J) ). . (b) State reimbursement Section 472(a)(4) of the Social Security Act ( 42 U.S.C. 672(a)(4) ) is amended by inserting , and if the child is an alien who has obtained special immigrant juvenile status under section 101(a)(27)(J) of the Immigration and Nationality Act and would have been qualified to receive aid under the State plan approved under section 402 of this Act in or for the month in which the agreement described in paragraph (2)(A)(i) of this subsection was entered into or court proceedings leading to the determination described in paragraph (2)(A)(ii) of this subsection were initiated if the child had been a United States citizen, the child shall be considered to satisfy the requirements of paragraph (3) with respect to the month before the period. 8. Effective date (a) In general The amendments made by this Act, other than by section 7, shall take effect on the date of the enactment of this Act, and shall apply to payments under part E of title IV of the Social Security Act for quarters beginning on or after such date. (b) Delay permitted if State legislation required In the case of a State plan approved under part E of title IV of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by this Act, the State plan shall not be regarded as failing to comply with the requirements of such part solely on the basis of the failure of the plan to meet such additional requirements before the 1st day of the 1st calendar quarter beginning after the close of the 1st regular session of the State legislature that ends after the 1-year period beginning with the date of the enactment of this Act. For purposes of the preceding sentence, in the case of a State that has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature.

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113-hr-2037

I 113th CONGRESS 1st Session H. R. 2037 IN THE HOUSE OF REPRESENTATIVES May 16, 2013 Mr. Schrader introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Natural Resources , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish a demonstration grant program to recruit, train, deploy, and professionally support psychiatric physicians in Indian health programs. 1. Short title This Act may be cited as the Native American Psychiatric and Mental Health Care Improvement Act . 2. Findings Congress makes the following findings: (1) The Substance Abuse and Mental Health Services Administration concludes the rate of serious mental illness in American Indians and Alaska Natives is twice that of any other race or ethnicity. (2) The Centers for Disease Control and Prevention concludes the suicide rate among American Indian and Alaska Native youth is more than twice that of any other race or ethnicity. (3) The United States Surgeon General attributes high rates of homelessness, incarceration, alcohol and drug abuse, stress, and trauma as principal causes of mental illness in American Indians and Alaska Natives. (4) The Agency for Healthcare Research and Quality concludes in The National Health Disparity Report, 2011, that American Indians and Alaska Natives had worse care than Whites in 28 measures of health care quality and access. (5) The Indian Health Service reports that per capita spending on personal health care of American Indians and Alaska Natives was $2,741 in 2012—nearly two-thirds below the national average of $7,239. (6) The Department of Health and Human Services, Office of Inspector General, reports that a shortage of psychiatrists at the Indian Health Service and other tribal health facilities significantly limits mental health access to American Indians and Alaska Natives. (7) The One Sky Center, the American Indian/Alaska Native National Resource Center for Substance Abuse and Mental Health Services, identifies 20 psychiatrists currently practicing in Indian country (out of approximately 60,000 psychiatrists practicing nationwide), and 2 Native American psychiatrists currently practicing in Indian country (out of 13 practicing nationwide). (8) According to the American Psychiatric Association, psychiatric physicians practicing in American Indian and Alaska Native population groups often face cultural competency challenges, professional isolation, high demand for medical and mental health services, relatively low compensation, and high burnout rates. (9) A legislative initiative is warranted to create a nationally-replicable workforce model that identifies and incorporates best practices for recruiting, training, deploying, and professionally supporting Native American psychiatric physicians or non-Native American psychiatric physicians (or both), who are fully integrated into existing medical, mental, and behavioral health systems in Indian health programs. 3. Demonstration grant program to recruit, train, deploy, and professionally support psychiatric physicians in Indian health programs (a) Establishment The Secretary of Health and Human Services (in this section referred to as the Secretary ), in consultation with the Director of the Indian Health Service and demonstration programs established under section 123 of the Indian Health Care Improvement Act ( 25 U.S.C. 1616p ), shall award one 5-year grant to one eligible entity to carry out a demonstration program (in this Act referred to as the Program ) under which the eligible entity shall carry out the activities described in subsection (b). (b) Activities To be carried out by recipient of grant under Program Under the Program, the grant recipient shall— (1) create a nationally-replicable workforce model that identifies and incorporates best practices for recruiting, training, deploying, and professionally supporting Native American and non-Native American psychiatric physicians to be fully integrated into medical, mental, and behavioral health systems in Indian health programs; (2) recruit to participate in the Program Native American and non-Native American psychiatric physicians who demonstrate interest in providing specialty health care services (as defined in section 313(a)(3) of the Indian Health Care Improvement Act ( 25 U.S.C. 1638g(a)(3) )) and primary care services to American Indians and Alaska Natives; (3) provide such psychiatric physicians participating in the Program with not more than 1 year of supplemental clinical and cultural competency training to enable such physicians to provide such specialty health care services and primary care services in Indian health programs; (4) with respect to such psychiatric physicians who are participating in the Program and trained under paragraph (3), deploy such physicians to practice specialty care or primary care in Indian health programs for a period of not less than 2 years and professionally support such physicians for such period with respect to practicing such care in such programs; and (5) not later than 1 year after the last day of the 5-year period for which the grant is awarded under subsection (a), submit to the Secretary and to the appropriate committees of Congress a report that shall include— (A) the workforce model created under paragraph (1); (B) strategies for disseminating the workforce model to other entities with the capability of adopting it; and (C) recommendations for the Secretary and Congress with respect to supporting an effective and stable psychiatric and mental health workforce that serves American Indians and Alaska Natives. (c) Eligible entities (1) Requirements To be eligible to receive the grant under this section, an entity shall— (A) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; (B) be a department of psychiatry within a medical school in the United States that is accredited by the Liaison Committee on Medical Education or a public or private non-profit entity affiliated with a medical school in the United States that is accredited by the Liaison Committee on Medical Education; and (C) have in existence, as of the time of submission of the application under subparagraph (A), a relationship with Indian health programs in at least two States with a demonstrated need for psychiatric physicians and provide assurances that the grant will be used to serve rural and non-rural American Indian and Alaska Native populations in at least two States. (2) Priority in selecting grant recipient In awarding the grant under this section, the Secretary shall give priority to an eligible entity that satisfies each of the following: (A) Demonstrates sufficient infrastructure in size, scope, and capacity to undertake the supplemental clinical and cultural competency training of a minimum of 5 psychiatric physicians, and to provide ongoing professional support to psychiatric physicians during the deployment period to an Indian health program. (B) Demonstrates a record in successfully recruiting, training, and deploying physicians who are American Indians and Alaska Natives. (C) Demonstrates the ability to establish a program advisory board, which may be primarily composed of representatives of federally-recognized tribes, Alaska Natives, and Indian health programs to be served by the Program. (d) Eligibility of psychiatric physicians To participate in the Program (1) In general To be eligible to participate in the Program, as described in subsection (b), a psychiatric physician shall— (A) be licensed or eligible for licensure to practice in the State to which the physician is to be deployed under subsection (b)(4); and (B) demonstrate a commitment beyond the one year of training described in subsection (b)(3) and two years of deployment described in subsection (b)(4) to a career as a specialty care physician or primary care physician providing mental health services in Indian health programs. (2) Preference In selecting physicians to participate under the Program, as described in subsection (b)(2), the grant recipient shall give preference to physicians who are American Indians and Alaska Natives. (e) Loan forgiveness Under the Program, any psychiatric physician accepted to participate in the Program shall, notwithstanding the provisions of subsection (b) of section 108 of the Indian Health Care Improvement Act ( 25 U.S.C. 1616a ) and upon acceptance into the Program, be deemed eligible and enrolled to participate in the Indian Health Service Loan Repayment Program under such section 108. Under such Loan Repayment Program, the Secretary shall pay on behalf of the physician for each year of deployment under the Program under this section up to $35,000 for loans described in subsection (g)(1) of such section 108. (f) Deferral of certain service The starting date of required service of individuals in the National Health Service Corps Service Program under title II of the Public Health Service Act ( 42 U.S.C. 202 et seq. ) who are psychiatric physicians participating under the Program under this section shall be deferred until the date that is 30 days after the date of completion of the participation of such a physician in the Program under this section. (g) Definitions For purposes of this Act: (1) American Indians and Alaska Natives The term American Indians and Alaska Natives has the meaning given the term Indian in section 447.50(b)(1) of title 42, Code of Federal Regulations, as in existence as of the date of the enactment of this Act. (2) Indian health program The term Indian health program has the meaning given such term in section 104(12) of the Indian Health Care Improvement Act ( 25 U.S.C. 1603(12) ). (3) Professionally support The term professionally support means, with respect to psychiatric physicians participating in the Program and deployed to practice specialty care or primary care in Indian health programs, the provision of compensation to such physicians for the provision of such care during such deployment and may include the provision, dissemination, or sharing of best practices, field training, and other activities deemed appropriate by the recipient of the grant under this section. (4) Psychiatric physician The term psychiatric physician means a medical doctor or doctor of osteopathy in good standing who has successfully completed four-year psychiatric residency training or who is enrolled in four-year psychiatric residency training in a residency program accredited by the Accreditation Council for Graduate Medical Education. (h) Authorization of appropriations There is authorized to be appropriated to carry out this section $1,000,000 for each of the fiscal years 2014 through 2018.

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113-hr-2038

I 113th CONGRESS 1st Session H. R. 2038 IN THE HOUSE OF REPRESENTATIVES May 16, 2013 Ms. Speier (for herself, Mr. Vargas , and Ms. McCollum ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Food and Nutrition Act of 2008 to expand the eligibility of certain veterans while they have disability claims pending under title 38 of the United States Code. 1. Short title This Act may be cited as the Disabled Veterans Nutrition Fairness Act of 2013 . 2. Amendments Section 3(j)(4) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ) is amended— (1) in subparagraph (A) by striking or at the end, (2) in subparagraph (B) by adding or at the end, and (3) by adding at the end the following: (C) has pending under title 38 of the United States Code a claim for compensation for a service-connected disability for which no disposition has yet been made by the Secretary of Veteran Affairs; .

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113-hr-2039

I 113th CONGRESS 1st Session H. R. 2039 IN THE HOUSE OF REPRESENTATIVES May 16, 2013 Ms. Titus (for herself, Mrs. Kirkpatrick , Mr. Cole , Mrs. Napolitano , Ms. McCollum , Mrs. Christensen , Mr. Cárdenas , and Mr. Takano ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to furnish headstones and markers for certain deceased veterans buried in veterans’ cemeteries of Indian tribes. 1. Headstones and markers for placement in tribal veterans’ cemeteries Section 2306 of title 38, United States Code, is amended— (1) in subsection (a)(4), by inserting or in a veterans’ cemetery on land owned by or held in trust for a tribal organization (as defined in section 3765(4) of this title) after State ; and (2) in subsection (b)(1), by inserting a veterans’ cemetery on land owned by or held in trust for a tribal organization, after a veterans’ cemetery owned by a State, .

https://www.govinfo.gov/content/pkg/BILLS-113hr2039ih/xml/BILLS-113hr2039ih.xml

113-hr-2040

I 113th CONGRESS 1st Session H. R. 2040 IN THE HOUSE OF REPRESENTATIVES May 16, 2013 Mr. Welch introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To simplify the process for determining the need and eligibility of students for financial assistance under the Higher Education Act of 1965, and for other purposes. 1. Short title This Act may be cited as Student Financial Aid Simplification Act . 2. FAFSA Simplification Section 483 of the Higher Education Act of 1965 ( 20 U.S.C. 1090 ) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking The Secretary and inserting Subject to subsection (i), the Secretary ; and (B) in paragraph (6), by striking The need and inserting Subject to subsection (i), the need ; and (2) by adding at the end the following new subsection: (i) FAFSA Simplification (1) In general Effective with respect to academic year 2014–2015 and each succeeding academic year and notwithstanding subsection (a)(6) and any other provision of this section, with respect to a student who is a taxpayer or a dependent of a taxpayer and who does not meet the requirements of subsection (b) or (c) of section 479, the need and eligibility of such student for financial assistance under part A through E (other than subpart 4 of part A) may be determined only by— (A) authorizing the Secretary to obtain from the Internal Revenue Service income data, and other taxpayer data needed to compute an expected family contribution for the student, from two years prior to the student’s planned enrollment date; and (B) submitting to the Secretary the supplemental information described in paragraph (3). (2) Authorization under the IRC and distribution of data Returns and return information (as defined in section 6103 of the Internal Revenue Code of 1986) may be obtained under paragraph (1)(A) only to the extent authorized by section 6103(l)(23) of such Code, except that institutions of higher education and States shall receive, without charge, such information from the Secretary for the purposes of processing loan applications and determining need and eligibility for institutional and State financial aid awards. (3) Supplemental information Each student described in paragraph (1) who is applying for financial assistance under parts A through E (other than under subpart 4 of part A) shall submit to the Secretary at such time and in such manner as required by the Secretary, any information that is needed to determine the student’s need and eligibility for such financial assistance or to administer the programs under this title, but that is not available from the Internal Revenue Service to the extent authorized by section 6103(l)(23) of the Internal Revenue Code of 1986, including information with respect to the student’s— (A) citizenship or permanent residency status; (B) dependency status; (C) registration for selective service; (D) State of legal residence; (E) family members, including the total number and the number in postsecondary education; (F) secondary school completion status; (G) drug conviction status; (H) completion of a first bachelor’s degree; (I) email address; and (J) institution or institutions of higher education in which the student is enrolled or to which the student is applying for admission. (4) Regulations (A) In general The Secretary shall prescribe such regulations as may be necessary to carry out this subsection. (B) Inapplicability of rulemaking requirements Sections 482(c) and 492 shall not apply to the regulations required by this paragraph. . 3. Amendments to the Internal Revenue Code of 1986 Section 6103(l) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (23) Disclosure of return information to determine the need and eligibility of a student for Federal student financial aid (A) In general The Secretary may, upon written request from the Secretary of Education, disclose to officers and employees of the Department of Education return information with respect to a taxpayer or a dependent of a taxpayer who may be eligible for Federal student financial aid and whose need and eligibility for such aid is based in whole or in part on the taxpayer’s income or the income of the parents of the dependent. Such return information shall be limited to— (i) taxpayer identity information with respect to such taxpayer; (ii) the filing status of such taxpayer; (iii) the adjusted gross income of such taxpayer; and (iv) any other data of such taxpayer necessary to determine the expected family contribution (within the meaning of part F of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087kk et seq.)) of such taxpayer or the dependent of such taxpayer, as applicable. (B) Restriction on use of disclosed information Return information disclosed under subparagraph (A) may be used by officers and employees of the Department of Education only for the purposes of, and to the extent necessary in, processing the student loan application, and establishing need and eligibility for Federal student financial aid, of a taxpayer or a dependent of a taxpayer. (C) Federal student loans and grants For purposes of this paragraph, the term Federal student financial aid means financial assistance under part A through E (other than under subpart 4 of part A) of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.). .

https://www.govinfo.gov/content/pkg/BILLS-113hr2040ih/xml/BILLS-113hr2040ih.xml

113-hr-2041

I 113th CONGRESS 1st Session H. R. 2041 IN THE HOUSE OF REPRESENTATIVES May 17, 2013 Mr. Guthrie (for himself, Mr. Loebsack , and Ms. Jenkins ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To modify the definition of fiduciary under the Employee Retirement Income Security Act of 1974 to exclude appraisers of employee stock ownership plans. 1. Fiduciary exclusion Section 3(21)(A) of the Employee Retirement Income and Security Act of 1974 ( 29 U.S.C. 1002(21)(A) ) is amended by inserting and except to the extent a person is providing an appraisal or fairness opinion with respect to qualifying employer securities (as defined in section 407(d)(5)) included in an employee stock ownership plan (as defined in section 407(d)(6)), after subparagraph (B), .

https://www.govinfo.gov/content/pkg/BILLS-113hr2041ih/xml/BILLS-113hr2041ih.xml

113-hr-2042

I 113th CONGRESS 1st Session H. R. 2042 IN THE HOUSE OF REPRESENTATIVES May 17, 2013 Mr. McKinley (for himself, Mr. Ben Ray Luján of New Mexico , Mr. Carson of Indiana , and Mr. Tonko ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to increase the rehabilitation credit for commercial buildings and to provide a rehabilitation credit for principal residences. 1. Short title This Act may be cited as the Preserving America’s Downtowns and Heritage Act of 2013 . 2. Increased rehabilitation credit for commercial buildings (a) Buildings other than certified historic structures Paragraph (1) of section 47(a) of the Internal Revenue Code of 1986 (relating to rehabilitation credit) is amended by striking 10 percent and inserting 12.5 percent . (b) Certified historic structures Paragraph (2) of such section is amended by striking 20 percent and inserting 25 percent . (c) Effective date The amendments made by this section shall apply with respect to rehabilitations the physical work on which begins after the date of enactment of this Act. 3. Rehabilitation credit for historic principal residences (a) In general Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25D the following new section: 25E. Rehabilitation of historic principal residences (a) General rule In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 20 percent of the qualified rehabilitation expenditures made by the taxpayer with respect to a qualified historic home. (b) Qualified rehabilitation expenditure For purposes of this section— (1) In general The term qualified rehabilitation expenditure means any amount properly chargeable to capital account— (A) in connection with the certified rehabilitation of a qualified historic home, and (B) for property for which depreciation would be allowable under section 168 if the qualified historic home were used in a trade or business. (2) Certain expenditures not included Rules similar to the rules of clauses (ii) and (iii) of section 47(c)(2)(B) shall apply. (3) Mixed use or multifamily building If only a portion of a building is used as the principal residence of the taxpayer, only qualified rehabilitation expenditures which are properly allocable to such portion shall be taken into account under this section. (c) Certified rehabilitation For purposes of this section— (1) In general The term certified rehabilitation has the meaning given such term by section 47(c)(2)(C). (2) Approved State program The term certified rehabilitation includes a certification made by— (A) a State Historic Preservation Officer who administers a State Historic Preservation Program approved by the Secretary of the Interior pursuant to section 101(b)(1) of the National Historic Preservation Act, or (B) a local government, certified pursuant to section 101(c)(1) of the National Historic Preservation Act and authorized by a State Historic Preservation Officer, or the Secretary of the Interior where there is no approved State program, subject to such terms and conditions as may be specified by the Secretary of the Interior for the rehabilitation of buildings within the jurisdiction of such officer (or local government) for purposes of this section. (d) Definitions and special rules For purposes of this section— (1) Qualified historic home The term qualified historic home means a certified historic structure— (A) which has been substantially rehabilitated, and (B) which (or any portion of which)— (i) is owned by the taxpayer, and (ii) is used (or will, within a reasonable period, be used) by such taxpayer as his principal residence. (2) Substantially rehabilitated The term substantially rehabilitated has the meaning given such term by section 47(c)(1)(C). (3) Principal residence The term principal residence has the same meaning as when used in section 121. (4) Certified historic structure (A) In general The term certified historic structure means any building (and its structural components) which— (i) is listed in the National Register, or (ii) is located in a registered historic district (as defined in section 47(c)(3)(B)) and is certified by the Secretary of the Interior as being of historic significance to the district. (5) Rehabilitation not complete before certification A rehabilitation shall not be treated as complete before the date of the certification referred to in subsection (c). (6) Tenant-stockholder in cooperative housing corporation If the taxpayer holds stock as a tenant-stockholder (as defined in section 216) in a cooperative housing corporation (as defined in such section), such stockholder shall be treated as owning the house or apartment which the taxpayer is entitled to occupy as such stockholder. (e) Carryforward of unused credit If the credit allowable under subsection (a) exceeds the limitation imposed by section 26(a) for the taxable year reduced by the sum of the credits allowable under this subpart (other than this section and sections 25D and 1400C), such excess shall be a carried to each of the 5 succeeding taxable years and, subject to rules similar to the rules of section 39(a)(2), shall be added to the credit allowable by subsection (a) for such succeeding taxable year. (f) When expenditures taken into account Qualified rehabilitation expenditures shall be treated for purposes of this section as made— (1) on the date the rehabilitation is completed, or (2) to the extent provided by the Secretary by regulation, when such expenditures are properly chargeable to capital account. Regulations under paragraph (2) shall include a rule similar to the rule under section 50(a)(2) (relating to recapture if property ceases to qualify for progress expenditures). (g) Recapture (1) In general If, before the end of the 5-year period beginning on the date on which the rehabilitation of the building is completed— (A) the taxpayer disposes of such taxpayer’s interest in such building, or (B) such building ceases to be used as the principal residence of the taxpayer or ceases to be a certified historic structure, the taxpayer’s tax imposed by this chapter for the taxable year in which such disposition or cessation occurs shall be increased by the recapture percentage of the credit allowed under this section for all prior taxable years with respect to such rehabilitation. (2) Recapture percentage For purposes of paragraph (1), the recapture percentage shall be determined in accordance with the table under section 50(a)(1)(B), deeming such table to be amended— (A) by striking If the property ceases to be investment credit property within— and inserting If the disposition or cessation occurs within— , and (B) in clause (i) by striking One full year after placed in service and inserting One full year after the taxpayer becomes entitled to the credit . (3) Transfer between spouses or incident to divorce In the case of any transfer described in subsection (a) of section 1041 (relating to transfers between spouses or incident to divorce)— (A) the foregoing provisions of this subsection shall not apply, and (B) the same tax treatment under this subsection with respect to the transferred property shall apply to the transferee as would have applied to the transferor. (h) Basis adjustments For purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed. (i) Processing fees Any State may impose a fee for the processing of applications for the certification of any rehabilitation under this section provided that the amount of such fee is used only to defray expenses associated with the processing of such applications. (j) Denial of double benefit No credit shall be allowed under this section for any amount for which credit is allowed under section 47. (k) Regulations The Secretary shall prescribe such regulations as may be appropriate to carry out the purposes of this section, including regulations where less than all of a building is used as a principal residence and where more than 1 taxpayer use the same dwelling unit as their principal residence. . (b) Conforming amendments (1) Subsection (a) of section 1016 of such Code is amended by striking and at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting , and , and by adding at the end the following new item: (38) to the extent provided in section 25E(h). . (2) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25D the following new item: Sec. 25E. Rehabilitation of historic principal residences. . (c) Effective date The amendments made by this section shall apply with respect to rehabilitations the physical work on which begins after the date of enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2042ih/xml/BILLS-113hr2042ih.xml

113-hr-2043

I 113th CONGRESS 1st Session H. R. 2043 IN THE HOUSE OF REPRESENTATIVES May 17, 2013 Mr. Cicilline (for himself, Ms. Wilson of Florida , Mr. Enyart , Mr. Welch , Ms. McCollum , Ms. Hanabusa , Mr. Langevin , Mr. Nadler , and Mr. Connolly ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To provide for the establishment of a Commission on the Advancement of Social Enterprise. 1. Short title This Act may be cited as the Social Enterprise Ecosystem and Economic Development Commission Act of 2013 or as the SEEED Commission Act of 2013 . 2. Commission on the advancement of social enterprise (a) Establishment There is established a commission to be known as the Commission on the Advancement of Social Enterprise (referred to in this section as the Commission ). The purpose of the commission is to examine and make recommendations with respect to ways the Federal Government can support and utilize the transformative power of social enterprises. (b) Federal advisory committee act The Federal Advisory Committee Act does not apply to the Commission established under this subsection. (c) Membership The membership of the Commission shall be composed of the following or their designees: (1) The Administrator of the Small Business Administration. (2) The Administrator of the Economic Development Administration. (3) The Director of the Office of Social Innovation and Civic Participation. (4) The Chief Executive Officer of the Corporation for National and Community Service. (5) The Assistant to the President for Domestic Policy. (6) The Director of the Office of Management and Budget. (7) The Commissioner of Internal Revenue. (8) The Secretary of Labor. (9) The Director of the Census. (10) The Director of the National Economic Council. (11) The Attorney General. (12) The Secretary of State. (13) The Secretary of Education. (14) The Secretary of the Treasury. (15) The Secretary of Health and Human Services. (16) The Commissioner of Social Security. (17) The Secretary of Agriculture. (18) The Secretary of Commerce. (19) The Secretary of Housing and Urban Development. (20) The Chair of the Council of Economic Advisors. (21) The Administrator of the General Services Administration. (d) Operation (1) Chairperson The Director of the Office of Social Innovation and Civic Participation shall serve as the Chairperson of the Commission. (2) Meetings (A) In general The Commission shall meet at the call of the Chairperson. (B) Initial meeting The initial meeting shall take place not later than 30 days after the date of enactment of this Act. (3) Quorum A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (4) Rules The Commission may establish, by majority vote, any rules for the conduct of Commission business, in accordance with this Act and other applicable law. (e) Duties (1) Defining social enterprise Not later than 1 year after the initial meeting of the Commission, the Commission shall establish criteria for identifying social enterprises for purposes of Federal programs. The Commission will draw upon existing leading research and scholarship in this area as well as the input of practitioners and policy experts within the social enterprise field. (2) Study activities (A) In general The Commission shall identify opportunities for the Federal Government to more effectively engage social enterprises in creating jobs and strengthening local economies while achieving optimal outcomes in addressing policy challenges at the national, state, and local level. The Commission shall receive and consider reports and testimony from individuals, government departments, State and local elected officials, community-based organizations, nonprofit organizations, faith-based organizations, foundations, and other public and private organizations statewide and of national significance on the following: (i) How social enterprise can accelerate progress on social issues. (ii) How social enterprises work in a cross-sector manner. (iii) How social enterprise can advance social and economic development goals. (B) Areas of study and recommendation The areas studied and potential recommendations offered by the Commission under this paragraph shall include the following: (i) The role of social enterprises in the United States economy. (ii) The role of social enterprises in addressing economic, social, and environmental policy challenges across all levels of government. (iii) The role of social enterprises as community support and development entities. (iv) A statistical and qualitative examination of social enterprise within the United States and its contribution to the social and economic development of the United States. (v) Means through which the Federal Government can assist in enhancing the capacity of social enterprises. (vi) Corporate legal structures that foster or impede the development of social enterprises. (vii) How to reform the Internal Revenue Code to reduce obstacles that social enterprises face when addressing social issues and creating economic value through innovative methods. (viii) How to reform Federal securities laws to encourage impact investing. (ix) How the Federal Government can leverage existing Community Development Financial Institutions programs. (x) How various sectors (including but not limited to philanthropic, for-profit, and non-profit sectors) and levels of government currently interact with social enterprises. (xi) Review of the current process through which social enterprises—both for-profit and nonprofit organizations—can obtain Federal loans, grants, and contracts and offer recommendations for improving these processes in light of the special needs and contributions of social enterprises. (xii) Review of the current process, policies, and procedures through which social enterprises—both for-profit and nonprofit organizations—can access Federal contracting opportunities and offer recommendations for improving the access of social enterprises to Federal procurement opportunities. (xiii) How the Federal Government can play a role in developing a purchasing directory of social enterprises within the United States that can be supported by citizens, businesses, and government. (xiv) Opportunities for the Federal Government to develop and expand research and the collection and analysis of longitudinal data on social enterprises. (xv) Barriers to social enterprise growth. (xvi) Opportunities for the development of an entity or initiative to support intermediaries that will promote and invest in social enterprise. (xvii) Identification of the appropriate entity within the Federal Government that shall be charged with the responsibility of preparing an annual report to Congress on the impact of social enterprises in the United States and the extent to which the Federal Government interacts with, supports, and invests in social enterprises. And, where appropriate, this entity shall monitor and update the areas of study listed in this subparagraph. (f) Powers of the commission (1) The Commission may hold such hearings and collect such information as appropriate for carrying out this section. (2) Except as otherwise prohibited by law, the Commission may secure directly from any Federal department or agency information the Commission considers necessary to carry out this section. Upon the request of the Commission, the head of the any Federal agency shall furnish information requested under this paragraph to the Commission. (3) The Commission may enter into contracts for research to inform the deliberations of the Commission. (4) The Commission may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. (g) Commission personnel matters (1) Travel expenses A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission. (2) Detail of Federal employees On the affirmative vote of 2/3 of the members of the Commission and the approval of the appropriate Federal agency head, an employee of the Federal Government at GS–13 level or higher may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status, benefits, or privileges. (3) Staff (A) In general (i) Appointment and compensation The chairperson, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at Level V of the Executive Schedule under section 5316 of title 5, United States Code. (ii) Personnel as Federal employees (I) In general Any personnel of the Commission who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title. (II) Members of the commission Subparagraph (I) shall not be construed to apply to members of the Commission. (B) Volunteer services Notwithstanding section 1342 of title 31, United States Code, the Commission may accept and use voluntary and uncompensated services as the Commission determines necessary. (4) Procurement of temporary and intermittent services On request of the Commission, the Attorney General shall provide to the Commission, on a reimbursable basis, reasonable and appropriate office space, supplies, and administrative assistance. (h) Contracts for research (1) Researchers and experts On an affirmative vote of 2/3 of the members of the Commission, the Commission may select nongovernmental researchers and experts to assist the Commission in carrying out the duties of the Commission under this section. (2) Other organizations Nothing in this subsection limits the ability of the Commission to enter into contracts with any other entity or organization to carry out research necessary to carry out the duties of the Commission under this section. (i) Report Not later than 1 year after the Commission establishes criteria by which to identify social enterprise, the Commission shall submit to the President and Congress a report on the Commission’s findings, conclusions, and recommendations. The report shall identify the Federal programs recommended and shall include— (1) reports on all matters studied as described in subsection (b); and (2) how existing Federal Government programs can be expanded to take advantage of the social and economic benefits of social enterprises. (j) Termination The Commission shall terminate 90 days after the date on which the Commission submits the report of the Commission under subsection (i). (k) Availability of appropriations Funds appropriated to the Commission shall be available for the duration of the Commission.

https://www.govinfo.gov/content/pkg/BILLS-113hr2043ih/xml/BILLS-113hr2043ih.xml

113-hr-2044

I 113th CONGRESS 1st Session H. R. 2044 IN THE HOUSE OF REPRESENTATIVES May 17, 2013 Mr. Ellison (for himself, Mr. DeFazio , Mr. Grijalva , Ms. McCollum , Mr. Moran , and Ms. Schakowsky ) introduced the following bill; which was referred to the Committee on Agriculture , and in addition to the Committees on Energy and Commerce , Ways and Means , and Foreign Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To prohibit the use, production, sale, importation, or exportation of any pesticide containing atrazine. 1. Findings Congress finds the following: (1) Atrazine, a weed-killing pesticide, is the most widely used herbicide in the United States. The United States annually uses 65,000,000 to 80,000,000 pounds of atrazine. (2) The toxicity of atrazine is well documented and has shown to have adverse endocrine effects in amphibians, mammals, and humans. There is evidence that atrazine exposure is associated with small birth weight, abnormal development of the gut wall in infants, and spontaneous abortions. In laboratory mammals, exposure is associated with abnormal reproductive system development, impaired prostate gland formation, and abnormal breast tissue development. In aquatic wildlife, exposure is associated with abnormal reproductive system development, impaired reproduction, and impaired immune system function. (3) The United States Fish and Wildlife Service acknowledges that atrazine may have potential adverse effects on fish, such as organ tissue disease, disruption to the endocrine and olfactory systems, and reduced reproductive function. (4) The United States Geological Survey found atrazine in approximately 85 percent of stream waters and 40 percent of all ground water samples from agricultural areas tested. The United States Geological Survey has found that atrazine has the highest frequency of detection of all pesticides in agricultural streams, and the highest frequency of detection of all herbicides in urban streams. According to data from the Environmental Protection Agency Ecological Watershed Monitoring Program, the surface water sampled in the Midwestern and Southern United States suffers from pervasive atrazine contamination. Sampling of watersheds between 2004 and 2006 showed that all 40 watersheds tested had detectable levels of atrazine, and 25 watersheds had average concentrations above 1 ppb. While these average elevated concentrations of atrazine are worrisome, high peak concentrations may also be dangerous. Nine watersheds had at least one sample showing levels above 50 ppb, and four watersheds had levels above 100 ppb. (5) According to data from the Environmental Protection Agency Atrazine Monitoring Program, high levels of atrazine are also evident in drinking water systems. More than 90 percent of the samples taken in 139 water systems had measurable levels of atrazine in both 2003 and 2004. Three systems had annual averages exceeding 3 ppb. (6) In 1991, Germany and Italy banned the use of atrazine. In 2003, European regulators announced a ban on the pesticide throughout the European Union. (7) The Department of Agriculture estimates that a ban on atrazine would result in crop losses of only 1.19 percent and decrease corn acreage by only 2.3 percent. Since banning atrazine nearly 20 years ago, both Italy and Germany have not experienced a reduction of corn productivity or total acreage of land in production. 2. Atrazine prohibition Notwithstanding any other law, the use, production, sale, importation, or exportation of atrazine or an atrazine product is prohibited. 3. Enforcement Any person who violates section 2 shall be fined under title 18, United States Code, or imprisoned not more than 2 years, or both. 4. Definitions In this Act: (1) Atrazine The term atrazine or active ingredient atrazine refers to the pesticide chemical 2-chloro-4-ethylamino-6-isopropylamino-1,3,5-triazine. (2) Atrazine product The term atrazine product means any pesticide containing the active ingredient atrazine, as identified on the Environmental Protection Agency registered label, either alone or in a combination with other pesticides.

https://www.govinfo.gov/content/pkg/BILLS-113hr2044ih/xml/BILLS-113hr2044ih.xml

113-hr-2045

I 113th CONGRESS 1st Session H. R. 2045 IN THE HOUSE OF REPRESENTATIVES May 17, 2013 Mr. Fleming (for himself, Mr. Rooney , Mr. Chabot , Mr. Culberson , and Mr. Benishek ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To prohibit officers and employees of the Internal Revenue Service from initiating any new audits for 180 days. 1. Short title This Act may be cited as the HALT the IRS Act . 2. Suspension of authority of IRS to initiate new audits An officer or employee of the Internal Revenue Service shall not initiate any new audit of any taxpayer during the 180-day period beginning with the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2045ih/xml/BILLS-113hr2045ih.xml

113-hr-2046

I 113th CONGRESS 1st Session H. R. 2046 IN THE HOUSE OF REPRESENTATIVES May 17, 2013 Mr. Gibbs (for himself and Mr. Schweikert ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To protect the right of individuals to bear arms at water resources development projects administered by the Secretary of the Army, and for other purposes. 1. Short title This Act may be cited as the Recreational Lands Self-Defense Act of 2013 . 2. Protecting Americans from violent crime (a) Findings Congress finds the following: (1) The Second Amendment to the Constitution provides that the right of the people to keep and bear Arms, shall not be infringed . (2) Section 327.13 of title 36, Code of Federal Regulations, provides that, except in special circumstances, possession of loaded firearms, ammunition, loaded projectile firing devices, bows and arrows, crossbows, or other weapons is prohibited at water resources development projects administered by the Secretary of the Army. (3) The regulations described in paragraph (2) prevent individuals complying with Federal and State laws from exercising the second amendment rights of the individuals while at such water resources development projects. (4) The Federal laws should make it clear that the second amendment rights of an individual at a water resources development project should not be infringed. (b) Protecting the right of individuals To bear arms at water resources development projects The Secretary of the Army shall not promulgate or enforce any regulation that prohibits an individual from possessing a firearm including an assembled or functional firearm at a water resources development project covered under section 327.0 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act), if— (1) the individual is not otherwise prohibited by law from possessing the firearm; and (2) the possession of the firearm is in compliance with the law of the State in which the water resources development project is located.

https://www.govinfo.gov/content/pkg/BILLS-113hr2046ih/xml/BILLS-113hr2046ih.xml

113-hr-2047

I 113th CONGRESS 1st Session H. R. 2047 IN THE HOUSE OF REPRESENTATIVES May 17, 2013 Mr. Israel (for himself and Mr. Cartwright ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title II of the Social Security Act to eliminate the five-month waiting period in the disability insurance program, and for other purposes. 1. Short title This Act may be cited as the Social Security Disability Insurance for the Terminally Ill Act of 2013 . 2. Elimination of title II waiting period for terminally ill individuals (a) In general Section 223(a)(1) of the Social Security Act (42 U.S.C. 423(a)(1)) is amended by adding at the end the following new sentence: In the case of any application for disability insurance benefits filed by an individual who is determined to be under a disability and who has been certified as terminally ill by a physician (as defined in section 1861(r)(1)), this paragraph shall be applied without regard to any waiting period. For the purposes of the preceding sentence, an individual is considered to be terminally ill if the individual has a medical prognosis that the individual's life expectancy is 12 months or less. . (b) Effective date The amendment made by this section shall take effect with respect to applications filed after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2047ih/xml/BILLS-113hr2047ih.xml

113-hr-2048

I 113th CONGRESS 1st Session H. R. 2048 IN THE HOUSE OF REPRESENTATIVES May 17, 2013 Mr. Israel introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to improve the dependent care credit by repealing the phasedown of the credit percentage. 1. Short title; findings (a) Short title This Act may be cited as the Middle Class Dependent Care Fairness Act of 2013 . (b) Findings Congress finds the following: (1) During the past few decades we have seen a greater need for childcare which means a greater cost for middle-class families. These child care costs can be a major burden for modern families. (2) In 2011, 44 percent of all American families included children under the age of 18. Fifty-eight and one-half percent of married couples with children both worked in 2011. The labor force participation rate of mothers with children under the age of 6 was 63.9 percent in 2011 compared with 39 percent in 1975. (3) Nationwide, on any given day, 4.6 million children under the age of 5 are in child care outside the home. (4) In 40 States, the average annual cost for center-based care for an infant is higher than a year’s tuition and related fees at a 4-year public college. 2. Dependent care credit improvements (a) Repeal of phasedown of credit percentage Subsection (a) of section 21 of the Internal Revenue Code of 1986 is amended to read as follows: (a) Allowance of credit In the case of an individual for which there are 1 or more qualifying individuals (as defined in subsection (b)(1)) with respect to such individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 35 percent of the employment-related expenses (as defined in subsection (b)(2)) paid by such individual during the taxable year. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2048ih/xml/BILLS-113hr2048ih.xml

113-hr-2049

I 113th CONGRESS 1st Session H. R. 2049 IN THE HOUSE OF REPRESENTATIVES May 17, 2013 Mr. Posey introduced the following bill; which was referred to the Committee on Small Business A BILL To ensure that all of Brevard County, Florida, is treated as a HUBZone, and for other purposes. 1. Short title This Act may be cited as the Shuttle Workforce Revitalization Act of 2013 . 2. Brevard County, Florida (a) In general During the covered period, any portion of Brevard County, Florida, that is not otherwise a HUBZone, as such term is defined under section 3(p) of the Small Business Act ( 15 U.S.C. 632(p) ), shall be treated as a HUBZone for purposes of that Act. (b) Covered period defined In this section, the term covered period means the period beginning on the date of enactment of this Act and ending on January 1, 2020.

https://www.govinfo.gov/content/pkg/BILLS-113hr2049ih/xml/BILLS-113hr2049ih.xml

113-hr-2050

I 113th CONGRESS 1st Session H. R. 2050 IN THE HOUSE OF REPRESENTATIVES May 17, 2013 Mr. Ross introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To ensure the timely issuance of regulations by Federal agencies. 1. Short title This Act may be cited as the No Regulations, No Pay Act of 2013 . 2. Holding pay of responsible official in escrow upon failure to issue regulations in timely manner (a) Holding salary in escrow (1) In general If, by the date specified by law, an agency has not issued regulations required by such law, during the period described in paragraph (2), the payroll administrator of that agency shall deposit in an escrow account all amounts of basic pay otherwise payable to the individual who (with respect to such regulations) is the responsible official of such agency, and shall release such amounts to such official only upon the expiration of such period. (2) Period described With respect to a responsible official whose pay is withheld under paragraph (1) for failing to issue regulations in timely fashion, the period described in this paragraph is the period— (A) beginning on the day after the date specified by law for the issuance of such regulations; and (B) ending on the date on which such regulations are issued. (3) Withholding and remittance of amounts from payments held in escrow The payroll administrator shall provide for the same withholding and remittance with respect to a payment deposited in an escrow account under paragraph (1) that would apply to the payment if the payment were not subject to paragraph (1). (4) Release of amounts at end of appointment Notwithstanding any other provision of this section, the payroll administrator shall release for payment to a responsible official whose pay has been withheld under this section any pay which was so withheld from such official and which remains in an escrow account under this section on the last day on which that individual serves in the office by virtue of which such individual is considered to be the responsible official. (5) Role of Secretary of the Treasury The Secretary of the Treasury shall provide a payroll administrator of an agency with such assistance as may be necessary to enable such payroll administrator to carry out this section. (b) Definitions For purposes of this Act— (1) the term agency means an Executive agency within the meaning of section 105 of title 5, United States Code; (2) the term regulation means a rule, within the meaning of section 551 of title 5, United States Code, required by law to be issued by a date certain; (3) the term responsible official , as used with respect to any regulations, is— (A) the specific official who is required by law to issue such regulations; or (B) if no specific official is provided for, the head of the agency involved; (4) the term official means an individual holding a position to which appointments are made by confirmation of the Senate, but does not include a member of the armed forces (as defined by section 2101 of title 5, United States Code); and (5) the term payroll administrator , as used with respect to a responsible official within an agency, means the person within such agency who is responsible for disbursing the basic pay of such official. 3. Effective date This Act shall take effect on the date of the enactment of this Act and shall apply with respect to any regulations required to be issued by a date occurring on or after such date, except that, in no event shall any amount be deposited into an escrow account under this Act which (disregarding this Act) would otherwise be payable during the 30-day period beginning on the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2050ih/xml/BILLS-113hr2050ih.xml

113-hr-2051

I 113th CONGRESS 1st Session H. R. 2051 IN THE HOUSE OF REPRESENTATIVES May 17, 2013 Mr. Veasey (for himself, Mr. Gene Green of Texas , and Mr. Grijalva ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to assist in the support of children living in poverty by allowing a refundable credit to grandparents of those children for the purchase household items for the benefit of those children, and for other purposes. 1. Short title This Act may be cited as the Grandparents Tax Credit Act of 2013 . 2. Refundable credit for household items purchased by grandparents for grandchildren living in poverty (a) In general Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by inserting after section 36B the following new section: 36C. Credit for household items purchased by grandparents for grandchildren living in poverty (a) In general In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this subtitle an amount equal to the amount paid or incurred by the taxpayer during the taxable year for household items for the benefit of an qualified child. (b) Maximum credit The credit allowed by this section for the taxable year shall not exceed $500. (c) Definitions and special rules For purposes of this section— (1) Eligible individual The term eligible individual means, with respect to any child, any individual who is a grandparent of such child. (2) Household items The term household items includes food, clothing, and other items typically used by or for the benefit of children. (3) Qualified child The term qualified child means any individual if— (A) such individual has not attained the age of 18 as of the close of the calendar year in which the taxable year of the taxpayer begins, (B) for more than one-half of such taxable year, such individual has the same principal place of abode as— (i) the taxpayer, and (ii) at least 1 parent of such child, (C) such parent is entitled to claim, and claims, a deduction for such child under section 151 (relating to allowance of deductions for personal exemptions), (D) the modified adjusted gross income (as defined in section 24(b)) of such parent (or parents in the case of a joint return) does not exceed 300 percent of the Federal poverty level (as determined in accordance with criteria established by the Director of the Office of Management and Budget), and (E) such place of abode is in the United States. (4) Grandparents An older individual shall be treated as a grandparent of another individual only if such individual is— (A) a biological descendant of the older individual, or (B) an adopted child (within the meaning of section 152(f)(1)(B)) of a biological descendant of the older individual. (d) Identification requirements (1) In general A qualifying child shall not be taken into account under this section unless the taxpayer includes the name, age, and TIN of the qualifying child on the return of tax for the taxable year. (2) Other methods The Secretary may prescribe other methods for providing the information described in paragraph (1). . (b) Conforming amendments (1) Section 6211(b)(4)(A) of such Code is amended by inserting 36C, after 36B, . (2) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting 36C, after 36B, . (3) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36C the following new item: Sec. 36C. Credit for household items purchased by grandparents for grandchildren living in poverty. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr2051ih/xml/BILLS-113hr2051ih.xml

113-hr-2052

I 113th CONGRESS 1st Session H. R. 2052 IN THE HOUSE OF REPRESENTATIVES May 20, 2013 Mr. Terry (for himself, Ms. Schakowsky , Mr. Roskam , and Mr. Barrow of Georgia ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To direct the Secretary of Commerce, in coordination with the heads of other relevant Federal departments and agencies, to conduct an interagency review of and report to Congress on ways to increase the global competitiveness of the United States in attracting foreign direct investment. 1. Short title This Act may be cited as the Global Investment in American Jobs Act of 2013 . 2. Findings Congress finds the following: (1) It remains an urgent national priority to improve economic growth and create new jobs. (2) National security requires economic strength and global engagement. (3) Businesses today have a wide array of choices when considering where to invest, expand, or establish new operations. (4) Administrations of both parties have consistently reaffirmed the need to promote an open investment climate as a key to domestic economic prosperity and security. (5) The United States has historically been the largest worldwide recipient of foreign direct investment but has seen its share decline in recent years. (6) The United States faces increasing competition from other countries as it works to recruit investment from global companies. (7) Foreign direct investment can benefit the economy and workforce of every State and Commonwealth in the United States. (8) According to the latest Federal statistics, the United States subsidiaries of companies headquartered abroad contribute to the United States economy in a variety of important ways, including by— (A) providing jobs for an estimated 5,600,000 Americans, with compensation that is often higher than the national private-sector average, as many of these jobs are in high-skilled, high-paying industries; (B) strengthening the United States industrial base and employing nearly 15 percent of the United States manufacturing sector workforce; (C) establishing operations in the United States from which to sell goods and services around the world, thereby producing nearly 18 percent of United States exports; (D) promoting innovation with more than $41,000,000,000 in annual United States research and development activities; (E) paying nearly 14 percent of United States corporate income taxes; and (F) purchasing goods and services from local suppliers and small businesses worth hundreds of billions of dollars annually. (9) These companies account for 5.8 percent of United States private sector gross domestic product. (10) The Department of Commerce has initiatives in place to increase foreign direct investment. (11) The President issued a statement in 2011 reaffirming the longstanding open investment policy of the United States and encouraged all countries to pursue such a policy. (12) The President signed an Executive order in 2011 to establish the SelectUSA initiative and expanded its resources and activities in 2012, so as to promote greater levels of business investment in the United States. (13) The President’s Council on Jobs and Competitiveness in 2011 recommended the establishment of a National Investment Initiative to attract $1,000,000,000,000 in foreign direct investment over five years. (14) Sound transportation infrastructure, a well-educated and healthy workforce, safe food and water, stable financial institutions, a fair and equitable justice system, and transparent and accountable administrative procedures are important factors that contribute to United States global competitiveness. 3. Sense of congress It is the sense of Congress that— (1) the ability of the United States to attract foreign direct investment is directly linked to the long-term economic prosperity, global competitiveness, and security of the United States; (2) it is a top national priority to enhance the global competitiveness, prosperity, and security of the United States by— (A) removing unnecessary barriers to foreign direct investment and the jobs that it creates throughout the United States; and (B) promoting policies to ensure the United States remains the premier global destination in which to invest, hire, innovate, and manufacture products; (3) maintaining the United States commitment to open investment policy encourages other countries to reciprocate and enables the United States to open new markets abroad for United States companies and their products; (4) while foreign direct investment can enhance the Nation’s economic strength, policies regarding foreign direct investment should also reflect national security interests and should not disadvantage domestic investors or companies; and (5) United States efforts to attract foreign direct investment should be consistent with efforts to maintain and improve the domestic standard of living. 4. Foreign direct investment review (a) Review The Secretary of Commerce, in coordination with the Federal Interagency Investment Working Group and the heads of other relevant Federal departments and agencies, shall conduct an interagency review of the global competitiveness of the United States in attracting foreign direct investment. (b) Specific matters To be included The review conducted pursuant to subsection (a) shall include a review of— (1) the current economic impact of foreign direct investment in the United States, including both costs and benefits, with particular focus on manufacturing, research and development, trade, and jobs; (2) trends in global cross-border investment flows and the underlying factors for such trends; (3) Federal Government policies that are closely linked to the ability of the United States to attract and retain foreign direct investment; (4) foreign direct investment as compared to direct investment by domestic entities; (5) foreign direct investment that takes the form of greenfield investment as compared to foreign direct investment reflecting merger and acquisition activity; (6) the unique challenges posed by foreign direct investment by state-owned enterprises; (7) ongoing Federal Government efforts to improve the investment climate and facilitate greater levels of foreign direct investment in the United States; (8) innovative and noteworthy State, regional, and local government initiatives to attract foreign investment; and (9) initiatives by other countries in order to identify best practices for attracting foreign direct investment. (c) Limitation The review conducted pursuant to subsection (a) shall not address laws or policies relating to the Committee on Foreign Investment in the United States. (d) Public comment period Prior to— (1) conducting the review under subsection (a), the Secretary shall publish notice of the review in the Federal Register and shall provide an opportunity for public comment on the matters to be covered by the review; and (2) reporting pursuant to subsection (e), the Secretary shall publish the proposed findings and recommendations to Congress in the Federal Register and shall provide an opportunity for public comment. (e) Report to congress Not later than one year after the date of enactment of this Act, the Secretary of Commerce shall report to Congress the findings of the review and submit recommendations for increasing the global competitiveness of the United States without weakening labor, consumer, financial, or environmental protections.

https://www.govinfo.gov/content/pkg/BILLS-113hr2052ih/xml/BILLS-113hr2052ih.xml

113-hr-2053

I 113th CONGRESS 1st Session H. R. 2053 IN THE HOUSE OF REPRESENTATIVES May 20, 2013 Mr. Brady of Texas (for himself, Mr. Reed , Mr. Tiberi , Mr. Roskam , Mr. Buchanan , Mr. Schock , Mr. Kelly of Pennsylvania , Mr. Renacci , and Mr. Griffith of Virginia ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title XVIII of the Social Security Act to apply budget neutrality on a State-specific basis in the calculation of the Medicare hospital wage index floor for non-rural areas. 1. Applying budget neutrality on a State-specific basis in the calculation of the Medicare hospital wage index floor for non-rural areas (a) In general Section 1886(d)(3)(E) of the Social Security Act ( 42 U.S.C. 1395ww(d)(3)(E) ) is amended by adding at the end the following new clause: (iv) Application of budget neutrality relating to floor on wage area index in non-rural areas (I) Application on a State-specific basis beginning in fiscal year 2014 Subject to subclause (II), in the case of discharges occurring on or after October 1, 2013, for purposes of applying section 4410(b) of the Balanced Budget Act of 1997, the Secretary shall administer such section 4410(b) and paragraph (e) of section 412.64 of title 42, Code of Federal Regulations, as if paragraph (e)(4)(ii) of such section 412.64 had never applied and by using the methodology promulgated in the Federal Register on August 19, 2008 (73 Fed. Reg. 48570) (applied as if such methodology had been fully implemented for fiscal year 2011 using a 100 percent State-specific adjustment to the area wage index). (II) Construction Nothing in subclause (I) shall be construed as preventing the Secretary, for discharges occurring on or after October 1, 2014, from modifying the regulations under such section 412.64 in carrying out the budget neutrality requirements of such section 4410(b). . (b) Conforming amendment terminating application of budget neutrality on a nationwide basis Section 3141 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 1395ww note) is amended by inserting and before October 1, 2013, after 2010, .

https://www.govinfo.gov/content/pkg/BILLS-113hr2053ih/xml/BILLS-113hr2053ih.xml

113-hr-2054

I 113th CONGRESS 1st Session H. R. 2054 IN THE HOUSE OF REPRESENTATIVES May 20, 2013 Mr. Neal (for himself and Mr. Pascrell ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to prevent the avoidance of tax by insurance companies through reinsurance with non-taxed affiliates. 1. Prevention of avoidance of tax through reinsurance with non-taxed affiliates (a) In general Part III of subchapter L of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 849. Special rules for reinsurance of non-life contracts with non-taxed affiliates (a) In general The taxable income under section 831(a) or the life insurance company taxable income under section 801(b) (as the case may be) of an insurance company shall be determined by not taking into account— (1) any non-taxed reinsurance premium, (2) any additional amount paid by such insurance company with respect to the reinsurance for which such non-taxed reinsurance premium is paid, to the extent such additional amount is properly allocable to such non-taxed reinsurance premium, and (3) any return premium, ceding commission, reinsurance recovered, or other amount received by such insurance company with respect to the reinsurance for which such non-taxed reinsurance premium is paid, to the extent such return premium, ceding commission, reinsurance recovered, or other amount is properly allocable to such non-taxed reinsurance premium. (b) Non-Taxed reinsurance premiums For purposes of this section— (1) In general The term non-taxed reinsurance premium means any reinsurance premium paid directly or indirectly to an affiliated corporation with respect to reinsurance of risks (other than excepted risks), to the extent that the income attributable to the premium is not subject to tax under this subtitle (either as the income of the affiliated corporation or as amounts included in gross income by a United States shareholder under section 951). (2) Excepted risks The term excepted risks means any risk with respect to which reserves described in section 816(b)(1) are established. (c) Affiliated corporations For purposes of this section, a corporation shall be treated as affiliated with an insurance company if both corporations would be members of the same controlled group of corporations (as defined in section 1563(a)) if section 1563 were applied— (1) by substituting at least 50 percent for at least 80 percent each place it appears in subsection (a)(1), and (2) without regard to subsections (a)(4), (b)(2)(C), (b)(2)(D), and (e)(3)(C). (d) Election To treat reinsurance income as effectively connected (1) In general A specified affiliated corporation may elect for any taxable year to treat specified reinsurance income as— (A) income effectively connected with the conduct of a trade or business in the United States, and (B) for purposes of any treaty between the United States and any foreign country, income attributable to a permanent establishment in the United States. (2) Effect of election In the case of any specified reinsurance income with respect to which the election under this subsection applies— (A) Deduction allowed for reinsurance premiums For exemption from subsection (a), see definition of non-taxed reinsurance premiums in subsection (b). (B) Exception from excise tax The tax imposed by section 4371 shall not apply with respect to any income treated as effectively connected with the conduct of a trade or business in the United States under paragraph (1). (C) Taxation under this subchapter Such income shall be subject to tax under this subchapter to the same extent and in the same manner as if such income were the income of a domestic insurance company. (D) Coordination with foreign tax credit provisions For purposes of subpart A of part III of subchapter N and sections 78 and 960— (i) such specified reinsurance income shall be treated as derived from sources without the United States, and (ii) subsections (a), (b), and (c) of section 904 and sections 902, 907, and 960 shall be applied separately with respect to each item of such income. The Secretary may issue regulations or other guidance which provide that related items of specified reinsurance income may be aggregated for purposes of applying clause (ii). (3) Specified affiliated corporation For purposes of this subsection, the term specified affiliated corporation means any affiliated corporation which is a foreign corporation and which meets such requirements as the Secretary shall prescribe to ensure that tax on the specified reinsurance income of such corporation is properly determined and paid. (4) Specified reinsurance income For purposes of this paragraph, the term specified reinsurance income means all income of a specified affiliated corporation which is attributable to reinsurance with respect to which subsection (a) would (but for the election under this subsection) apply. (5) Rules related to election Any election under paragraph (1) shall— (A) be made at such time and in such form and manner as the Secretary may provide, and (B) apply for the taxable year for which made and all subsequent taxable years unless revoked with the consent of the Secretary. (e) Regulations The Secretary shall prescribe such regulations or other guidance as may be appropriate to carry out, or to prevent the avoidance of the purposes of, this section, including regulations or other guidance which provide for the application of this section to alternative reinsurance transactions, fronting transactions, conduit and reciprocal transactions, and any economically equivalent transactions. . (b) Clerical amendment The table of sections for part III of subchapter L of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 849. Special rules for reinsurance of non-life contracts with non-taxed affiliates. . (c) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr2054ih/xml/BILLS-113hr2054ih.xml