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113-hr-2055 | I 113th CONGRESS 1st Session H. R. 2055 IN THE HOUSE OF REPRESENTATIVES May 20, 2013 Mr. Roe of Tennessee (for himself, Mr. Denham , Mr. Flores , Mr. Bishop of New York , Mr. Johnson of Ohio , Mr. Rodney Davis of Illinois , and Mr. Thompson of Pennsylvania ) introduced the following bill; which was referred to the Committee on Armed Services , and in addition to the Committee on Veterans’ Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish a prize program to award a prize and contract for the development of a fully-integrated electronic health records program for use by the Department of Defense and the Department of Veterans Affairs.
1. Short title This Act may be cited as the Integrated Electronic Health Records (iEHR) for Military and Veterans Act . 2. Prize program for the development of a fully-integrated electronic health records program for use by the Department of Defense and the Department of Veterans Affairs (a) Prize authority (1) In general The Secretary of Defense and the Secretary of Veterans Affairs shall jointly carry out a program to award a cash prize in the amount of $50,000,000 and contract to an entity that develops a fully-integrated electronic health records program for national use by the Department of Defense and the Department of Veterans Affairs. (2) Advertising and solicitation of competitors (A) Advertising The Secretaries shall widely advertise prize competitions under this section to encourage broad participation by researchers, large and small businesses, institutions of higher education, and any other qualified applicants, including veterans. (B) Announcement through federal register notice The Secretaries shall announce each prize competition under this section by publishing a notice in the Federal Register. This notice shall include essential elements of the competition such as the subject of the competition, the duration of the competition, the eligibility requirements for participation in the competition, the process for participants to register for the competition, the amount of the prize, and the criteria for awarding the prize and contract. (3) Announcement of prizes The Secretary may not issue a notice required by paragraph (2)(B) until all the funds needed to pay out the announced amount of the prize have been appropriated. (b) Eligibility To be eligible to win a prize under this section, an individual or entity— (1) shall have complied with all the requirements in accordance with the Federal Register notice required under subsection (a)(2)(B); (2) in the case of a private entity, shall be incorporated in and maintain a primary place of business in the United States, and in the case of an individual, whether participating singly or in a group, shall be a citizen of, or an alien lawfully admitted for permanent residence in, the United States; and (3) shall not be a Federal entity, a Federal employee acting within the scope of his employment, or an employee of a national laboratory acting within the scope of his employment. (c) Joint panel (1) Establishment The Secretary of Defense and the Secretary of Veterans Affairs shall establish a joint panel to establish the criteria for the development of a fully-integrated electronic health records program eligible for an award and contract under this section to ensure that the program meets the requirements of the Department of Defense and the Department of Veterans Affairs. (2) Membership (A) In general The members of the joint panel shall be— (i) one physician from each of the military departments, to be appointed by the Secretary of the military department concerned; (ii) two physicians employed by the Department of Veterans Affairs, to be appointed by the Secretary of Veterans Affairs; and (iii) two representatives of the Veterans Benefits Administration of the Department of Veterans Affairs, to be appointed by the Secretary of Veterans Affairs. (B) Deadline for appointment Members of the joint panel shall be appointed by not later than 14 days after the date of the enactment of this Act. Any member who is not appointed by such deadline shall not be appointed to the panel. (3) Deadline for criteria The joint panel shall establish criteria with sufficient specificity for development, taking best practices of private and public electronic health records under consideration. If the panel fails to agree on such criteria or if an insufficient number of members are appointed to the panel before the deadline under paragraph (2)(B), the National Health Information Technology Coordinator shall determine such criteria, taking best practices of private and public electronic health record systems into consideration. (d) Deadline for submissions The deadline for the submission of an application to participate in the competition under this section is the date that is one year after the date on which the criteria are established under subsection (c), or if such date falls on a weekend, the next weekday following such date. (e) Award selection The Secretary of Defense and the Secretary of Veterans Affairs shall award prizes under this section on the basis of the criteria published in the notice required under subsection (a)(2)(B). (f) Contract Notwithstanding any other provision of law, the entity that is awarded a prize under this section shall be awarded a contract with the Department of Defense and the Department of Veterans Affairs to provide the fully-integrated electronic health records program for which the prize is awarded to the Departments and to provide maintenance and support for such program for a five-year period and under such contract shall be compensated in an amount of $25,000,000 for each year. (g) Intellectual property (1) Treatment of winning intellectual property Upon the expiration of the contract referred to in subsection (e) the intellectual property rights in the fully-integrated electronic health records program for which a prize is awarded under this section shall revert to the Federal Government. The entity that is awarded a prize under this section shall retain the intellectual property rights in any upgrades to the program developed by the entity. (2) Other intellectual property Except as provided in paragraph (1), the Federal Government shall not, by virtue of offering or awarding a prize under this section, be entitled to any intellectual property rights derived as a consequence of, or direct relation to, the participation by a registered participant in a competition authorized by this section. This subsection shall not be construed to prevent the Federal Government from negotiating a license for the use of intellectual property developed for a prize competition under this section. (h) Liability (1) Waiver of liability The Secretary of Defense and the Secretary of Veterans Affairs may require registered participants to waive claims against the Federal Government (except claims for willful misconduct) for any injury, death, damage, or loss of property, revenue, or profits arising from the registered participants’ participation in a competition under this section. The Secretary shall give notice of any waiver required under this paragraph in the notice required by subsection (a)(2)(B). (2) Liability insurance (A) Requirements Registered participants in a prize competition under this section shall be required to obtain liability insurance or demonstrate financial responsibility, in amounts determined by the Secretary, for claims by— (i) a third party for death, bodily injury, or property damage or loss resulting from an activity carried out in connection with participation in a competition under this section; and (ii) the Federal Government for damage or loss to Government property resulting from such an activity. (B) Federal government insured The Federal Government shall be named as an additional insured under a registered participant’s insurance policy required under subparagraph (A) with respect to claims described in clause (i) of that subparagraph, and registered participants shall be required to agree to indemnify the Federal Government against third party claims for damages arising from or related to competition activities under this section. (i) Nonsubstitution The programs created under this section shall not be considered a substitute for Federal research and development programs. (j) Authorization of appropriations There is authorized to be appropriated $50,000,000 to carry out this section. | https://www.govinfo.gov/content/pkg/BILLS-113hr2055ih/xml/BILLS-113hr2055ih.xml |
113-hr-2056 | I 113th CONGRESS 1st Session H. R. 2056 IN THE HOUSE OF REPRESENTATIVES May 20, 2013 Ms. Schwartz (for herself, Mr. Peters of California , Mr. Barber , Mr. Bera of California , Ms. Brownley of California , Mr. Cárdenas , Mr. Carney , Mrs. Christensen , Mr. Cohen , Mr. Courtney , Mrs. Davis of California , Mr. DeFazio , Mr. Doyle , Mr. Enyart , Mr. Fattah , Ms. Frankel of Florida , Mr. Grijalva , Ms. Hahn , Mr. Heck of Washington , Mr. Higgins , Ms. Norton , Mr. Loebsack , Mr. Lowenthal , Mr. Michaud , Mr. Murphy of Florida , Mrs. Napolitano , Mr. O’Rourke , Mr. Rahall , Mr. Ruiz , Mr. Rush , Mr. Ryan of Ohio , Mr. Scott of Virginia , Ms. Sinema , Mr. Sires , Mr. Swalwell of California , Mr. Takano , Mr. Vargas , Mr. Veasey , Mr. Waxman , Mr. Welch , Ms. Wilson of Florida , Mr. Jones , Ms. Jackson Lee , and Mr. Bishop of New York ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on Veterans’ Affairs , Armed Services , Small Business , and Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Internal Revenue Code of 1986 to extend the work opportunity credit to certain recently discharged veterans, to improve the coordination of veteran job training services between the Department of Labor, the Department of Veteran Affairs, and the Department of Defense, to require transparency for Executive departments in meeting the Government-wide goals for contracting with small business concerns owned and controlled by service-disabled veterans, and for other purposes.
1. Short title This Act may be cited as the Veteran Employment Transition Act . I Work opportunity credit for recently discharged veterans 101. Work opportunity credit for certain recently discharged veterans (a) In general Subparagraph (A) of section 51(d)(3) of the Internal Revenue Code of 1986 is amended by striking means any veteran who is and inserting means any recently discharged veteran, or any veteran if such veteran is . (b) Recently discharged veteran Paragraph (3) of section 51(d) of the Internal Revenue Code of 1986 is amended— (1) by redesignating subparagraph (C) as subparagraph (D), and (2) by inserting after subparagraph (B) the following new subparagraph: (C) Recently discharged veteran For purposes of subparagraph (A), the term recently discharged veteran means— (i) any individual who is described in clause (i) of subparagraph (B) (without regard to certification), and (ii) any member of the National Guard who has served for more than 180 consecutive days of— (I) active duty (within the meaning of title 32, United States Code) other than for training, (II) full-time National Guard duty (within the meaning of such title 32) other than for training, (III) duty, other than inactive duty or duty for training, in State status (within the meaning of such title 32), or (IV) any combination of duty described in subclause (I), (II), or (III), who has been discharged or released from duty meeting such requirements at any time during the 5-year period ending on the hiring date. Such term shall not include any veteran who begins work for the employer before the date of the enactment of the Veteran Employment Transition Act . . (c) Conforming amendments Section 51(d) of the Internal Revenue Code of 1986 is amended— (1) by adding at the end of paragraph (13) the following new subparagraph: (E) Pre-screening of recently discharged veterans (i) In general For purposes of subparagraph (A), the term pre-screening notice shall include any documentation provided to an individual by the Department of Defense or the National Guard upon release or discharge from the Armed Forces or from service in the National Guard which includes information sufficient to establish that such individual satisfies the requirements of paragraph (3)(C). (ii) Additional certification not required Subparagraph (A) shall be applied without regard to clause (ii)(II) thereof in the case of a recently discharged veteran who provides to the employer documentation described in clause (i). , and (2) by striking paragraph (14). (d) Effective dates The amendments made by subsections (a), (b), and (c) shall apply to individuals whose hiring date (as defined in section 51(d)(11) of the Internal Revenue Code of 1986) is on or after the date of the enactment of this Act. (e) Department of Defense documentation (1) In general The Department of Defense and the National Guard, as applicable, shall provide— (A) to each individual who is discharged or released from active duty in the Armed Forces of the United States on or after the date of the enactment of this Act; and (B) to each member of the National Guard who is released from duty described in section 51(d)(3)(C)(ii) of the Internal Revenue Code of 1986 (as added by this Act) on or after the date of the enactment of this Act; documentation described in paragraph (4) (in addition to the documentation which, without regard to this subsection, is provided at the time of such discharge or release). If the documentation which is provided without regard to this subsection at the time of the discharge or release described in the preceding sentence does not include information sufficient to satisfy the requirements of section 51(d)(13)(E)(i) of the Internal Revenue Code of 1986 (as added by this Act), the Department of Defense or the National Guard, whichever is applicable, shall provide additional documentation which includes such information. (2) Informational briefing as part of preseparation counseling In the case of an individual who is discharged or released from duty described in subparagraph (A) or (B) of paragraph (1) after the date of the enactment of this Act, the Department of Defense or the National Guard, whichever is applicable, shall inform such individual, as a part of the individual preseparation counseling required by section 1142 of title 10, United States Code, of the credit for employment of recently discharged veterans under section 51 of the Internal Revenue Code of 1986. (3) Request for documentation The Department of Defense or the National Guard, whichever is applicable, shall provide upon request the documentation required by paragraph (1) to any individual who is discharged or released from duty described in subparagraph (A) or (B) of such paragraph during the 5-year period preceding and including the date of the enactment of this Act. (4) Instructions for use of work opportunity credit The documentation described in this paragraph is a document which includes— (A) instructions for an individual to ensure treatment as a recently discharged veteran for purposes of section 51(d)(3)(C) of the Internal Revenue Code of 1986 (as added by this Act), (B) instructions for employers detailing the use of the credit under such section 51 with respect to such individual, and (C) the dates during which the credit under such section 51 is available. Such instructions shall be developed in collaboration with the Internal Revenue Service. 102. Work opportunity credit made permanent for veterans (a) In general Paragraph (4) of section 51(c) of the Internal Revenue Code of 1986 is amended to read as follows: (4) Termination The term wages shall not include any amount paid or incurred to any individual who— (A) is not a qualified veteran, and (B) begins work for the employer after December 31, 2013. . (b) Effective date The amendment made by subsection (a) applies to individuals who begin work for the employer after December 31, 2013. II Veteran employment and training services 201. Definitions In this title: (1) Disabled veteran The term disabled veteran has the meaning given the term in section 4211 of title 38, United States Code. (2) Economically and educationally disadvantaged veteran The term economically and educationally disadvantaged veteran means such a veteran, within the meaning of chapter 41 of title 38, United States Code. (3) Rehabilitation plan The term rehabilitation plan means an individualized plan formulated for a veteran under section 3107 of title 38, United States Code, that has an employment objective. (4) Veteran The term veteran has the meaning given the term in section 101 of title 38, United States Code. (5) Veteran job training program The term veteran job training program means— (A) the Disabled Veterans' Outreach Program carried out under section 4103A of title 38, United States Code; (B) the Homeless Veterans Reintegration Program carried out under section 2021 of that title; (C) the Local Veterans' Employment Representative Program carried out under section 4104 of that title; (D) the Transition Assistance Program carried out under section 1144 of title 10, United States Code; (E) the Veterans Workforce Investment Program carried out under section 168 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2913 ); and (F) the Vocational Rehabilitation & Employment Program carried out under chapter 31 of title 38, United States Code. (6) Veteran job training services The term veteran job training services means the services provided under a veteran job training program. 202. Coordination between Secretary of Labor, Secretary of Veterans Affairs, and Secretary of Defense on veteran job training Not later than 1 year after the date of enactment of this Act, the Secretary of Labor, the Secretary of Veterans Affairs, and the Secretary of Defense shall enter into an agreement, covering the 3 departments involved, to govern the coordination of veteran job training services. 203. Implementation reports on veteran job training programs (a) Report required The Secretary of Veterans Affairs and the Secretary of Labor shall prepare an initial and a final report on the veteran job training programs of the Department of Veterans Affairs and Department of Labor as described in this section. (b) Department of Veterans Affairs The Secretary of Veterans Affairs shall include in each of the reports required by subsection (a), with regard to the Department of Veterans Affairs, information describing each of the following: (1) The actions taken by the department to ensure that States receive sufficient guidance to comply with Federal laws regarding veteran job training programs. (2) The extent to which the department reviewed and incorporated into its operations— (A) the employment related initiatives of the Yellow Ribbon Reintegration Program under section 582 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 10101 note); and (B) the conclusions of the Credentialing and Licensing Task Force of the Department of Defense. (3) The extent to which veterans’ employment outcomes result from participation in the Vocational Rehabilitation & Employment Program carried out under chapter 31 of title 38, United States Code, rather than from other factors. (4) Actions taken by the department to ensure that veterans with a rehabilitation plan receive veteran job training services consistent with the rehabilitation plan. (5) Efforts taken by the department to better serve veterans living in rural communities. (c) Department of Labor The Secretary of Labor shall include in each of the reports required by subsection (a), with regard to the Department of Labor, information describing each of the following: (1) The matters referred to in paragraphs (1), (2), (3), and (5) of subsection (b). (2) The extent to which veterans’ employment outcomes result from participation in the veteran job training programs specified in subparagraphs (A) through (E) of section 201(5), rather than from other factors. (3) The actions taken by the department to provide States with clear guidance for determining which veterans are classified as economically and educationally disadvantaged veterans, or in other categories of veterans. (4) The progress of the department in clarifying its approach to determining which participants in the Disabled Veterans Outreach Program carried out under section 4103A of title 38, United States Code, shall receive intensive services (as defined in section 134(d)(3) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(d)(3))). (5) How the department reports on goals for performance, and actual performance, on performance standards or other measures, for each of its veterans job training programs, including an assessment of how to better monitor employment outcomes for disabled veterans. (d) Submission of reports The Secretary of Labor and the Secretary of Veterans Affairs shall submit to Congress— (1) not later than 1 year after the date of enactment of this Act, the initial report required by subsection (a); and (2) not later than 2 years after such date, the final report required by subsection (a). (e) Internet publication of Department of Labor data on performance goals and outcomes The Secretary of Labor shall publish on a publicly accessible, user-friendly Internet website the goals and actual performance data described in subsection (c)(4). 204. Expansion of pilot program on receipt of civilian credentialing for skills required for military occupational specialties Section 558(b)(1) of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 10 U.S.C. 2015 note) is amended by striking not less than three or more than five and inserting the MOS 31B Military Police, MOS 15Q AC-Air Traffic Controller, and MOS 12M Fire Protection military occupational specialties and not fewer than three and not more than five additional . 205. Rule of construction Nothing in this title shall be construed to affect any other Federal law specifying a reporting requirement. III Honoring promises to service-disabled veterans 301. Transparency in contracting goals for small business concerns owned and controlled by service-disabled veterans Section 15 of the Small Business Act (15 U.S.C. 644) is amended by adding at the end the following: (s) Transparency in contracting goals for small business concerns owned and controlled by service-Disabled veterans (1) Definitions In this subsection— (A) the term covered contractor means a contractor that is required to submit a subcontracting plan under section 8(d) to an Executive department; (B) the term Executive department has the meaning given that term in section 101 of title 5, United States Code; and (C) the term physically completed has the meaning given that term in section 4.804–4 of the Federal Acquisition Regulation, or any successor thereto. (2) Reports to Administrator Not later than 1 year after the date of enactment of this subsection, and annually thereafter, the head of each Executive department shall submit to the Administrator a report that contains— (A) the percentage of the total value of all prime contracts awarded by the Executive department to small business concerns owned and controlled by service-disabled veterans during the 1-year period ending on the date of the report; (B) the name of each covered contractor to which the Executive department awards a contract; (C) for each contract awarded to a covered contractor by the Executive department— (i) the percentage goal negotiated under section 8(d)(6)(A) for the utilization as subcontractors of small business concerns owned and controlled by service-disabled veterans; and (ii) if the contract is physically completed during the 1-year period ending on the date of the report, the percentage of the total value of subcontracts entered into by the covered contractor awarded to small business concerns owned and controlled by service-disabled veterans; (D) the weighted average percentage goal negotiated by each covered contractor under section 8(d)(6)(A) for the utilization as subcontractors of small business concerns owned and controlled by service-disabled veterans for all contracts awarded by the Executive department to the covered contractor; (E) for all contracts awarded to covered contractors by the Executive department that are physically completed during the 1-year period ending on the date of the report, the percentage of the total value of all subcontracts awarded by covered contractors that were awarded to small business concerns owned and controlled by service-disabled veterans; and (F) the dollar amount by which the Executive department exceeded or failed to meet the Government-wide goals under subsection (g) for prime contracts and subcontracts awarded to small business concerns owned and controlled by service-disabled veterans. (3) Rankings For the first full fiscal year following the date of enactment of this subsection, and each fiscal year thereafter, the Administrator shall rank— (A) the Executive departments, based on— (i) the percentage of the total value of prime contracts awarded by the Executive departments to small business concerns owned and controlled by service-disabled veterans; and (ii) the percentage of the total value of subcontracts awarded by covered contractors that are awarded contracts by the Executive departments to small business concerns owned and controlled by service-disabled veterans; and (B) covered contractors, based on the percentage of the total value of subcontracts awarded by the covered contractors to small business concerns owned and controlled by service-disabled veterans. (4) Publication (A) Website Except as provided in subparagraph (B), the Administrator shall publish on a website accessible to the public a user-friendly, electronically searchable report containing— (i) the information submitted to the Administrator under paragraph (2); and (ii) the rankings made by the Administrator under paragraph (3). (B) Exception for national security If the head of an Executive department determines that publication of information contained in a report submitted under paragraph (2) would be detrimental to national security, the Administrator shall not publish the information on the website described in subparagraph (A). (C) Updating The Administrator shall update the contents of the website described in subparagraph (A) not less frequently than annually. (5) Reports to Congress (A) Annual report The Administrator shall submit to Congress an annual report on the progress of each Executive department toward meeting the Government-wide goals for contracting and subcontracting established under subsection (g). (B) Contents Each report under this paragraph shall include— (i) a statement of whether the website described in paragraph (4) contains the latest data reported to the Administrator by the Executive departments; and (ii) a recommendation of a prime contractor that should be recognized by Congress for outstanding progress in contracting with small business concerns owned and controlled by service-disabled veterans. (6) Rule of construction Nothing in this subsection may be construed to affect any other reporting requirement under Federal law. . | https://www.govinfo.gov/content/pkg/BILLS-113hr2056ih/xml/BILLS-113hr2056ih.xml |
113-hr-2057 | I 113th CONGRESS 1st Session H. R. 2057 IN THE HOUSE OF REPRESENTATIVES May 20, 2013 Mr. Southerland introduced the following bill; which was referred to the Committee on Natural Resources A BILL To remove from the John H. Chafee Coastal Barrier Resources System the areas comprising Bay County Unit P–31P in Florida.
1. Removal from John H. Chafee Coastal Barrier Resources System of areas comprising Bay County Unit P-31P, Florida The areas comprising John H. Chafee Coastal Barrier Resources System Bay County Unit P–31P in Florida immediately before the enactment of this Act are not part of such system, and maps relating to such unit are hereby removed from the maps referred to in section 4(a) of the Coastal Barrier Resources Act ( 16 U.S.C. 3503(a) ). | https://www.govinfo.gov/content/pkg/BILLS-113hr2057ih/xml/BILLS-113hr2057ih.xml |
113-hr-2058 | I 113th CONGRESS 1st Session H. R. 2058 IN THE HOUSE OF REPRESENTATIVES May 20, 2013 Ms. Speier (for herself, Mr. Rangel , Ms. Lee of California , Mr. Moran , Ms. Bordallo , Mr. McCaul , and Mr. Van Hollen ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To improve and enhance research and programs on childhood cancer survivorship, and for other purposes.
1. Short title This Act may be cited as the Childhood Cancer Survivors’ Quality of Life Act of 2013 . 2. Findings Congress finds the following: (1) An estimated 13,500 children and adolescents under age 20 are diagnosed with cancer each year. (2) In 1960, only 4 percent of children with cancer survived more than 5 years, but today, cure rates have increased to over 80 percent for children and adolescents under age 20. (3) The population of survivors of childhood cancers has grown dramatically, to over 360,000 individuals of all ages as of 2012. (4) As many as two-thirds of childhood cancer survivors are likely to experience at least one late effect of treatment, with as many as one-fourth experiencing a late effect that is serious or life-threatening. The most common late effects of childhood cancer are neurocognitive, psychological, cardiopulmonary, endocrine, and musculoskeletal effects and secondary malignancies. (5) As a result of disparities in the delivery of cancer care, minority, low-income, and other medically underserved children are more likely to be diagnosed with late stage disease, experience poorer treatment outcomes, have shorter survival time with less quality of life, and experience a substantially greater likelihood of cancer death. (6) The late effects of cancer treatment may change as therapies evolve, which means that the monitoring and care of cancer survivors may need to be modified on a routine basis. (7) Despite the intense stress caused by childhood cancer, there is a lack of standardized and coordinated psychosocial care for the children and their families, from the date of diagnosis through treatment and survivorship. (8) The Institute of Medicine, in its report on cancer survivorship entitled Childhood Cancer Survivorship: Improving Care and Quality of Life , states that an organized system of care and a method of care for pediatric cancer survivors is needed. (9) Focused and well-designed research and pilot health delivery programs can answer questions about the optimal ways to provide health care, follow-up monitoring services, and survivorship care to those diagnosed with childhood cancer and contribute to improvements in the quality of care and quality of life of those individuals. 3. Cancer survivorship programs (a) Cancer survivorship programs Subpart 1 of part C of title IV of the Public Health Service Act ( 42 U.S.C. 285 et seq. ) is amended by adding at the end the following: 417G. Pilot programs to explore model systems of care for pediatric cancer survivors (a) In general The Secretary shall make grants to eligible entities to establish pilot programs to develop, study, or evaluate model systems for monitoring and caring for childhood cancer survivors. (b) Eligible entities In this section, the term eligible entity means— (1) a medical school; (2) a children’s hospital; (3) a cancer center; or (4) any other entity with significant experience and expertise in treating survivors of childhood cancers. (c) Use of funds The Secretary may make a grant under this section to an eligible entity only if the entity agrees— (1) to use the grant to establish a pilot program to develop, study, or evaluate one or more model systems for monitoring and caring for cancer survivors; and (2) in developing, studying, and evaluating such systems, to give special emphasis to the following: (A) Design of protocols for different models of follow-up care, monitoring, and other survivorship programs (including peer support and mentoring programs). (B) Development of various models for providing multidisciplinary care. (C) Dissemination of information and the provision of training to health care providers about how to provide linguistically and culturally competent follow-up care and monitoring to cancer survivors and their families. (D) Development of support programs to improve the quality of life of cancer survivors. (E) Design of systems for the effective transfer of treatment information and care summaries from cancer care providers to other health care providers (including risk factors and a plan for recommended follow-up care). (F) Dissemination of the information and programs described in subparagraphs (A) through (E) to other health care providers (including primary care physicians and internists) and to cancer survivors and their families, where appropriate. (G) Development of initiatives that promote the coordination and effective transition of care between cancer care providers, primary care physicians, and mental health professionals. (d) Authorization of appropriations To carry out this section, there is authorized to be appropriated $15,000,000 for each of fiscal years 2015 through 2019. 417G–1. Workforce development collaborative on medical and psychosocial care for childhood cancer survivors (a) In general The Secretary shall, not later than 1 year after the date of enactment of this Act, convene a Workforce Development Collaborative on Medical and Psychosocial Care for Pediatric Cancer Survivors (referred to in this paragraph as the Collaborative ). The Collaborative shall be a cross-specialty, multidisciplinary group composed of educators, consumer and family advocates, and providers of psychosocial and biomedical health services. (b) Goals and reports The Collaborative shall submit to the Secretary a report establishing a plan to meet the following objectives for medical and psychosocial care workforce development: (1) Identifying, refining, and broadly disseminating to health care educators information about workforce competencies, models, and preservices curricula relevant to providing medical and psychosocial services to persons with pediatric cancers. (2) Adapting curricula for continuing education of the existing workforce using efficient workplace-based learning approaches. (3) Developing the skills of faculty and other trainers in teaching psychosocial health care using evidence-based teaching strategies. (4) Strengthening the emphasis on psychosocial health care in educational accreditation standards and professional licensing and certification exams by recommending revisions to the relevant oversight organizations. (5) Evaluating the effectiveness of patient navigators in pediatric cancer survivorship care. (6) Evaluating the effectiveness of peer support programs in the psychosocial care of pediatric cancer patients and survivors. (c) Authorization of appropriations To carry out this section, there is authorized to be appropriated $5,000,000 for each of fiscal years 2015 through 2019. . (b) Technical amendment (1) In general Section 3 of the Hematological Cancer Research Investment and Education Act of 2002 ( Public Law 107–172 ; 116 Stat. 541) is amended by striking section 419C and inserting section 417C . (2) Effective date The amendment made by paragraph (1) shall take effect as if included in section 3 of the Hematological Cancer Research Investment and Education Act of 2002 ( Public Law 107–172 ; 116 Stat. 541). 4. Grants to improve care for pediatric cancer survivors Section 417E of the Public Health Service Act ( 42 U.S.C. 285a–11 ) is amended— (1) in the heading, by striking research and awareness and inserting research, awareness, and survivorship ; (2) in subsection (a)— (A) by redesignating paragraph (2) as paragraph (4); and (B) by inserting after paragraph (1) the following: (2) Research on causes of health disparities in pediatric cancer survivorship (A) Grants The Director of NIH, acting through the Director of the Institute, in coordination with ongoing research activities, shall make grants to entities to conduct research relating to— (i) needs and outcomes of pediatric cancer survivors within minority or other medically underserved populations; (ii) health disparities in pediatric cancer survivorship outcomes within minority or other medically underserved populations; (iii) barriers that pediatric cancer survivors within minority or other medically underserved populations face in receiving follow-up care; and (iv) familial, socioeconomic, and other environmental factors and the impact of such factors on treatment outcomes and survivorship. (B) Balanced approach In making grants for research under subparagraph (A)(i) on pediatric cancer survivors within minority or other medically underserved populations, the Director of NIH shall ensure that such research addresses both the physical and the psychological needs of such survivors. (3) Research on late effects and follow-up care for pediatric cancer survivors The Director of NIH, in coordination with ongoing research activities, shall conduct or support research on follow-up care for pediatric cancer survivors, with special emphasis given to— (A) the development of indicators used for long-term patient tracking and analysis of the late effects of cancer treatment for pediatric cancer survivors; (B) the identification of risk factors associated with the late effects of cancer treatment; (C) the identification of predictors of neurocognitive and psychosocial outcomes; (D) initiatives to protect cancer survivors from the late effects of cancer treatment; (E) transitions in care for pediatric cancer survivors; (F) training of professionals to provide linguistically and culturally competent follow-up care to pediatric cancer survivors; and (G) different models of follow-up care. ; and (3) in subsection (d)— (A) by striking this section and and inserting subsection (a)(1), subsection (b), and ; (B) by striking 2013 and inserting 2019 ; and (C) by inserting after the second sentence the following: For purposes of carrying out subsections (a)(2) and (a)(3), there is authorized to be appropriated $10,000,000 for each of fiscal years 2015 through 2019. . 5. Comprehensive long-term follow-up services for pediatric cancer survivors Part B of title III of the Public Health Service Act ( 42 U.S.C. 243 et seq. ) is amended by inserting after section 317T the following: 317U. Clinics for comprehensive long-term follow-up services for pediatric cancer survivors (a) In General The Secretary shall make grants to eligible entities to establish and operate a clinic for comprehensive long-term follow-up services for pediatric cancer survivors. (b) Eligible entities In this section, the term eligible entity means— (1) a school of medicine; (2) a children’s hospital; (3) a cancer center; or (4) any other entity determined by the Secretary to have significant experience and expertise in— (A) treating pediatric, adolescent, and young adult cancers; or (B) integrating medical and psychosocial services for pediatric, adolescent, and young adult cancer survivors and their families. (c) Use of funds The Secretary may make a grant under this section to an eligible entity only if the entity agrees to use the grant to pay costs incurred during the first 4 years of establishing and operating a clinic for comprehensive, long-term, follow-up services for pediatric cancer survivors, which may include the costs of— (1) providing medical and psychosocial follow-up services, including coordination with the patient’s primary care provider and oncologist in order to ensure that the medical needs of survivors are addressed, and providing linguistically and culturally competent information to survivors and families with appropriate outreach to medically underserved populations; (2) the construction, expansion, and modernization of facilities; (3) acquiring and leasing facilities and equipment (including paying the costs of amortizing the principal of, and paying the interest on, loans for such facilities and equipment) to support or further the operation of the grantee; and (4) the construction and structural modification (including equipment acquisition) of facilities to permit the integrated delivery of ongoing medical and psychosocial care to pediatric cancer survivors and their families at a single service site. (d) Authorization of appropriations To carry out this section, there is authorized to be appropriated $10,000,000 for each of fiscal years 2015 through 2019. . | https://www.govinfo.gov/content/pkg/BILLS-113hr2058ih/xml/BILLS-113hr2058ih.xml |
113-hr-2059 | I 113th CONGRESS 1st Session H. R. 2059 IN THE HOUSE OF REPRESENTATIVES May 20, 2013 Ms. Tsongas (for herself, Mr. Turner , Mr. Keating , Ms. Brown of Florida , Ms. Kuster , Ms. Slaughter , Mr. Runyan , Ms. McCollum , Mr. McGovern , Mr. Grijalva , Mr. Conyers , Ms. Pingree of Maine , Mr. Johnson of Ohio , and Ms. Jackson Lee ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to ensure the issuance of regulations applicable to the Coast Guard regarding consideration of a request for a permanent change of station or unit transfer submitted by a member of the Coast Guard who is the victim of a sexual assault.
1. Short title This Act may be cited as the Coast Guard STRONG Act . 2. Issuance of regulations applicable to the Coast Guard regarding consideration of request for permanent change of station or unit transfer by victim of sexual assault Section 673(b) of title 10, United States Code, is amended by striking The Secretaries of the military departments and inserting The Secretary concerned . | https://www.govinfo.gov/content/pkg/BILLS-113hr2059ih/xml/BILLS-113hr2059ih.xml |
113-hr-2060 | I 113th CONGRESS 1st Session H. R. 2060 IN THE HOUSE OF REPRESENTATIVES May 20, 2013 Mr. Van Hollen introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on the Budget and Agriculture , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Balanced Budget and Emergency Deficit Control Act of 1985 to restore for the remainder of fiscal year 2013 budgetary resources sequestered on March 1, 2013, for that fiscal year, and for other purposes.
1. Short title This Act may be cited as the Stop the Sequester Job Loss Now Act Through 2014 . 2. Table of contents Sec. 1. Short title. Sec. 2. Table of contents. Title I—BUDGET PROCESS AMENDMENTS Sec. 101. Repeal the 2013 and 2014 sequesters. Sec. 102. Reduction of Defense Discretionary Limits. Sec. 103. Protecting veterans programs from sequester. Title II—AGRICULTURAL SAVINGS Sec. 201. One-year extension of agricultural commodity programs, except direct payment programs. Title III—OIL AND GAS SUBSIDIES Sec. 301. Prohibition on using last-in, first-out accounting for major integrated oil companies. Sec. 302. Deduction for income attributable to domestic production activities not allowed with respect to oil and gas activities of major integrated oil companies. Sec. 303. Limitation on deduction for intangible drilling and development costs of major integrated oil companies. Title IV—THE BUFFETT RULE Sec. 401. Fair share tax on high-income taxpayers. Title V—SENSE OF THE HOUSE Sec. 501. Sense of the House on the need for a fair, balanced and bipartisan approach to long-term deficit reduction. I BUDGET PROCESS AMENDMENTS 101. Repeal the 2013 and 2014 sequesters (a) Calculation of total deficit reduction and allocation to functions (1) Section 251A(3) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901a ) is amended by striking 2013 and inserting 2015 . (2) Paragraph (4) of such section is amended by striking 2014 and inserting 2015 . (3) Paragraphs (5) and (6) of such section are amended by striking 2013 and inserting 2015 . (b) Defense and nondefense function reductions Paragraphs (5) and (6) of section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 are amended by striking 2013 and inserting 2015 each place it appears. (c) Implementing discretionary reductions Section 251A(7)(B) of such Act is amended by striking 2014 and inserting 2015 each place it appears. (d) Restoration of Sequestered Funds Notwithstanding the Presidential sequestration order for fiscal year 2013 issued under section 251A of the Balanced Budget and Emergency Deficit Act of 1985, on and after the date of the enactment of this Act, the budgetary resources sequestered under such order shall be available for obligation for the same purpose, in the same amount as otherwise would have been available for the period beginning on the date of enactment of this Act and before October 1, 2013, and in the same manner as if such order had not been issued. (e) Conforming change Upon the date of enactment of this Act, the report entitled OMB Sequestration Preview Report to the President and Congress for Fiscal Year 2014 and OMB Report to the Congress on the Joint Committee Reductions for Fiscal Year 2014 , issued on April 10, 2013, and corrected on May 20, 2013, shall have no force or effect. 102. Reduction of Defense Discretionary Limits The discretionary limits set forth in section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 for the security category for fiscal years 2017 through 2021 are replaced with the following limits: for fiscal year 2017, $586,000,000,000; for fiscal year 2018, $595,000,000,000; for fiscal year 2019, $604,000,000,000; for fiscal year 2020, $614,000,000,000; and for fiscal year 2021, $624,000,000,000. 103. Protecting veterans programs from sequester Section 256(e)(2)(E) of the Balanced Budget and Emergency Deficit Control Act of 1985 is repealed. II AGRICULTURAL SAVINGS 201. One-year extension of agricultural commodity programs, except direct payment programs (a) Extension Except as provided in subsection (b) and notwithstanding any other provision of law, the authorities provided by each provision of title I of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 ; 122 Stat. 1651) and each amendment made by that title (and for mandatory programs at such funding levels), as in effect on September 30, 2013, shall continue, and the Secretary of Agriculture shall carry out the authorities, until September 30, 2014. (b) Termination of direct payment programs (1) Covered commodities The extension provided by subsection (a) shall not apply with respect to the direct payment program under section 1103 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8713 ). (2) Peanuts The extension provided by subsection (a) shall not apply with respect to the direct payment program under section 1303 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 7953 ). (c) Effective date This section shall take effect on the earlier of— (1) the date of the enactment of this Act; and (2) September 30, 2013. III OIL AND GAS SUBSIDIES 301. Prohibition on using last-in, first-out accounting for major integrated oil companies (a) In general Section 472 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (h) Major integrated oil companies Notwithstanding any other provision of this section, a major integrated oil company (as defined in section 167(h)(5)(B)) may not use the method provided in subsection (b) in inventorying of any goods. . (b) Effective date and special rule (1) In general The amendment made by subsection (a) shall apply to taxable years beginning after the date of the enactment of this Act. (2) Change in method of accounting In the case of any taxpayer required by the amendment made by this section to change its method of accounting for its first taxable year beginning after the date of the enactment of this Act— (A) such change shall be treated as initiated by the taxpayer, (B) such change shall be treated as made with the consent of the Secretary of the Treasury, and (C) the net amount of the adjustments required to be taken into account by the taxpayer under section 481 of the Internal Revenue Code of 1986 shall be taken into account ratably over a period (not greater than 8 taxable years) beginning with such first taxable year. 302. Deduction for income attributable to domestic production activities not allowed with respect to oil and gas activities of major integrated oil companies (a) In general Subparagraph (A) of section 199(d)(9) of the Internal Revenue Code of 1986 is amended by inserting (9 percent in the case of any major integrated oil company (as defined in section 167(h)(5)(B))) after 3 percent . (b) Effective date The amendment made by subsection (a) shall apply to taxable years beginning after the date of the enactment of this Act. 303. Limitation on deduction for intangible drilling and development costs of major integrated oil companies (a) In general Section 263(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: This subsection shall not apply to amounts paid or incurred by a taxpayer in any taxable year in which such taxpayer is a major integrated oil company (as defined in section 167(h)(5)(B)). . (b) Effective date The amendment made by this section shall apply to amounts paid or incurred in taxable years beginning after the date of the enactment of this Act. IV THE BUFFETT RULE 401. Fair share tax on high-income taxpayers (a) In general Subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: VII FAIR SHARE TAX ON HIGH-INCOME TAXPAYERS 59B. Fair share tax (a) General rule (1) Phase-in of tax In the case of any high-income taxpayer, there is hereby imposed for a taxable year (in addition to any other tax imposed by this subtitle) a tax equal to the product of— (A) the amount determined under paragraph (2), and (B) a fraction (not to exceed 1)— (i) the numerator of which is the excess of— (I) the taxpayer’s adjusted gross income, over (II) the dollar amount in effect under subsection (c)(1), and (ii) the denominator of which is the dollar amount in effect under subsection (c)(1). (2) Amount of tax The amount of tax determined under this paragraph is an amount equal to the excess (if any) of— (A) the tentative fair share tax for the taxable year, over (B) the excess of— (i) the sum of— (I) the regular tax liability (as defined in section 26(b)) for the taxable year, (II) the tax imposed by section 55 for the taxable year, plus (III) the payroll tax for the taxable year, over (ii) the credits allowable under part IV of subchapter A (other than sections 27(a), 31, and 34). (b) Tentative fair share tax For purposes of this section— (1) In general The tentative fair share tax for the taxable year is 30 percent of the excess of— (A) the adjusted gross income of the taxpayer, over (B) the modified charitable contribution deduction for the taxable year. (2) Modified charitable contribution deduction For purposes of paragraph (1)— (A) In general The modified charitable contribution deduction for any taxable year is an amount equal to the amount which bears the same ratio to the deduction allowable under section 170 (section 642(c) in the case of a trust or estate) for such taxable year as— (i) the amount of itemized deductions allowable under the regular tax (as defined in section 55) for such taxable year, determined after the application of section 68, bears to (ii) such amount, determined before the application of section 68. (B) Taxpayer must itemize In the case of any individual who does not elect to itemize deductions for the taxable year, the modified charitable contribution deduction shall be zero. (c) High-Income taxpayer For purposes of this section— (1) In general The term high-income taxpayer means, with respect to any taxable year, any taxpayer (other than a corporation) with an adjusted gross income for such taxable year in excess of $1,000,000 (50 percent of such amount in the case of a married individual who files a separate return). (2) Inflation adjustment (A) In general In the case of a taxable year beginning after 2014, the $1,000,000 amount under paragraph (1) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2013 for calendar year 1992 in subparagraph (B) thereof. (B) Rounding If any amount as adjusted under subparagraph (A) is not a multiple of $10,000, such amount shall be rounded to the next lowest multiple of $10,000. (d) Payroll tax For purposes of this section, the payroll tax for any taxable year is an amount equal to the excess of— (1) the taxes imposed on the taxpayer under sections 1401, 1411, 3101, 3201, and 3211(a) (to the extent such taxes are attributable to the rate of tax in effect under section 3101) with respect to such taxable year or wages or compensation received during the taxable year, over (2) the deduction allowable under section 164(f) for such taxable year. (e) Special rule for estates and trusts For purposes of this section, in the case of an estate or trust, adjusted gross income shall be computed in the manner described in section 67(e). (f) Not treated as tax imposed by this chapter for certain purposes The tax imposed under this section shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this chapter (other than the credit allowed under section 27(a)) or for purposes of section 55. . (b) Conforming amendment Section 26(b)(2) of such Code is amended by redesignating subparagraphs (C) through (X) as subparagraphs (D) through (Y), respectively, and by inserting after subparagraph (B) the following new subparagraph: (C) section 59B (relating to fair share tax), . (c) Clerical amendment The table of parts for subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: Part VII—Fair Share Tax on High-Income Taxpayers . (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. V SENSE OF THE HOUSE 501. Sense of the House on the need for a fair, balanced and bipartisan approach to long-term deficit reduction (a) The House finds that— (1) every bipartisan commission has recommended—and the majority of Americans agree—that we should take a balanced, bipartisan approach to reducing the deficit that addresses both revenue and spending; and (2) sequestration is a meat-ax approach to deficit reduction that imposes deep and mindless cuts, regardless of their impact on vital services and investments. (b) It is the sense of the House that the Congress should replace the entire 10-year sequester established by the Budget Control Act of 2011 with a balanced approach that would increase revenues without increasing the tax burden on middle-income Americans, and decrease long-term spending while maintaining the Medicare guarantee, protecting Social Security and a strong social safety net, and making strategic investments in education, science, research, and critical infrastructure necessary to compete in the global economy. | https://www.govinfo.gov/content/pkg/BILLS-113hr2060ih/xml/BILLS-113hr2060ih.xml |
113-hr-2061 | I 113th CONGRESS 1st Session H. R. 2061 IN THE HOUSE OF REPRESENTATIVES May 21, 2013 Mr. Issa (for himself and Mr. Cummings ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To expand the Federal Funding Accountability and Transparency Act of 2006 to increase accountability and transparency in Federal spending, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Digital Accountability and Transparency Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purposes. Sec. 3. Amendments to the Federal Funding Accountability and Transparency Act of 2006. Sec. 4. Pilot program to evaluate consolidated recipient reporting. Sec. 5. Classified and protected information. Sec. 6. American Recovery and Reinvestment Act of 2009 amendments. Sec. 7. Disaster Relief Appropriations Act of 2013 amendments. Sec. 8. Executive agency accounting and other financial management reports and plans. 2. Purposes The purposes of this Act are to— (1) expand the Federal Funding Accountability and Transparency Act of 2006 by disclosing direct Federal agency expenditures and linking Federal contract, loan, and grant spending information to programs of Federal agencies in order to enable taxpayers and policymakers to track Federal spending more effectively; (2) provide consistent, reliable, and searchable Government-wide spending data that is displayed accurately for taxpayers and policymakers on USASpending.gov; (3) analyze Federal spending data to proactively prevent waste, fraud, abuse, and improper payments; (4) simplify reporting for entities receiving Federal funds by streamlining reporting requirements and reducing compliance costs while improving transparency; and (5) improve the quality of data submitted to USASpending.gov by holding Federal agencies accountable for the completeness and accuracy of the data submitted. 3. Amendments to the Federal Funding Accountability and Transparency Act of 2006 Section 2 of the Federal Funding Accountability and Transparency Act of 2006 ( 31 U.S.C. 6101 note) is amended— (1) in the section heading, by striking full disclosure of entities receiving Federal funding and inserting disclosure of Federal funding ; (2) in subsection (a)— (A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (7), respectively; (B) by inserting after paragraph (1) the following new paragraph (2): (2) Federal agency The term Federal agency has the meaning given the term Executive agency under section 105 of title 5, United States Code. ; (C) by inserting after paragraph (3), as redesignated by subparagraph (A), the following new paragraphs: (4) Federal funds The term Federal funds means any funds that are made available to or expended by a Federal agency. (5) Object class The term object class means the category assigned for purposes of the annual budget of the President submitted under section 1105(a) of title 31, United States Code, to the type of property or services purchased by the Federal Government. (6) Program activity The term program activity has the meaning given that term under section 1115(h) of title 31, United States Code. ; and (D) in paragraph (7), as redesignated by subparagraph (A)— (i) in subparagraph (B), by striking paragraph (2)(A)(i) and inserting paragraph (3)(A)(i) ; and (ii) in subparagraph (C), by striking paragraph (2)(A)(ii) and inserting paragraph (3)(A)(ii) ; (3) in subsection (b)— (A) in paragraph (1)— (i) by striking the Office of Management and Budget and inserting the Secretary of the Treasury each place it appears; (ii) by redesignating subparagraphs (A) through (G) as clauses (i) through (vii), respectively, and adjusting the margin accordingly; (iii) by striking for each Federal award— and inserting the following: “for all Federal funds— (A) for each Federal agency, component of a Federal agency, appropriations account, program activity, and object class (including any subcomponent of an object class), and other accounts or data as appropriate— (i) the amount of budget authority available; (ii) the amount obligated; (iii) the amount of outlays; (iv) the amount of any Federal funds reprogrammed or transferred; and (v) the amount of expired and unexpired unobligated balances; and (B) for each Federal award— ; and (iv) in subparagraph (B)(iii), as so designated by this subparagraph, by inserting , which shall be assigned a unique identifier, after information on the award ; (B) in paragraph (3)— (i) by striking The Director of the Office of Management and Budget and inserting The Secretary of the Treasury ; and (ii) by striking the Director and inserting the Secretary ; (C) in paragraph (4)— (i) by striking the Director of the Office of Management and Budget and inserting the Secretary of the Treasury ; and (ii) by striking the Director and inserting the Secretary , each place it appears; and (D) by adding at the end the following: (5) Application of data standards The Secretary of the Treasury shall apply the data standards established under subsection (e) to all data collection, data dissemination, and data publication required under this section. (6) Data feed to recovery accountability and transparency board The Secretary of the Treasury shall provide the data described in paragraph (1) to the Recovery Accountability and Transparency Board so that it can be included in the Recovery Operations Center described in subsection (h). ; (4) in subsection (c)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking and Grants.gov and inserting Grants.gov, the Payment Automation Manager and Financial Information Repository and other data or databases from the Department of the Treasury, the MAX Information System of the Office of Management and Budget, and other data from Federal agencies collected and identified by the Office of Management and Budget ; (ii) in subparagraph (B), by adding and at the end; and (iii) by adding at the end the following: (C) specify such search shall be confined to Federal funds; ; (B) in paragraph (2), by inserting the Payment Automation Manager and Financial Information Repository and other data or databases from the Department of the Treasury, the MAX Information System of the Office of Management and Budget, other data from Federal agencies collected and identified by the Office of Management and Budget, after Grants.gov website, ; (C) in paragraph (4)— (i) by striking shall be updated not later and inserting the following: “shall be updated— (A) not later ; and (ii) by adding at the end the following: (B) not less than once each quarter with information relating to Federal funds; ; (D) in paragraph (5)— (i) by inserting Federal funds and before Federal awards the first place it appears; (ii) by striking subsection (a)(2)(A)(i) and those described in subsection (a)(2)(A)(ii) and inserting subsection (a)(3)(A)(i) and those described in subsection (a)(3)(A)(ii) ; and (iii) by striking the period at the end and inserting a semicolon; and (E) by adding at the end the following: (6) shall have the ability to aggregate data for the categories described in paragraphs (1) through (5) without double-counting data; and (7) shall permit all information published under this section to be downloaded in bulk. ; (5) by redesignating subsections (e), (f), and (g) as subsections (i), (j), and (k), respectively; and (6) by inserting after subsection (d) the following new subsections: (e) Department of the treasury requirements for data standards (1) In general The Secretary of the Treasury, in consultation with the Director of the Office of Management and Budget, the Administrator of General Services, and the heads of Federal agencies, shall establish Government-wide financial data standards for Federal funds, which shall— (A) include common data elements, such as codes, unique award identifiers, and fields, for financial and payment information required to be reported by Federal agencies and entities receiving Federal funds, including identifiers for Federal awards and entities receiving Federal awards; (B) to the extent reasonable and practicable, ensure interoperability and incorporate— (i) common data elements developed and maintained by an international voluntary consensus standards body, as defined by the Office of Management and Budget, such as the International Organization for Standardization; (ii) common data elements developed and maintained by Federal agencies with authority over contracting and financial assistance, such as the Federal Acquisition Regulatory Council; and (iii) common data elements developed and maintained by accounting standards organizations; and (C) include data reporting standards that— (i) incorporate a widely accepted, nonproprietary, searchable, platform-independent computer-readable format; (ii) are consistent with and implement applicable accounting principles; (iii) are capable of being continually upgraded as necessary; (iv) are structured to specifically support the reporting of financial and performance-related data, such as that any data produced, regardless of reporting need or software used for creation or consumption, is consistent and comparable across reporting situations; (v) establish, for each data point, a standard method of conveying the reporting period, reporting entity, unit of measure, and other associated attributes; and (vi) incorporate nonproprietary standards in effect on the date of enactment of the Digital Accountability and Transparency Act of 2013. (2) Deadlines (A) Guidance The Secretary of the Treasury, in consultation with the Director of the Office of Management and Budget, shall issue guidance on the data standards established under paragraph (1) to Federal agencies not later than 1 year after the date of enactment of the Digital Accountability and Transparency Act of 2013. (B) Website Not later than 1 year after the date on which the guidance under clause (i) is issued, the Secretary of the Treasury shall ensure that the website required under this section makes data publicly available in accordance with the data standards established under paragraph (1). (C) Agencies Not later than 180 days after the date on which the guidance under subparagraph (A) is issued, each Federal agency shall collect, report, and maintain data in accordance with the data standards established under paragraph (1). (3) Consultation The Secretary of the Treasury shall consult with public and private stakeholders in establishing data standards under this subsection. (f) Consolidated recipient financial reports The Director of the Office of Management and Budget shall— (1) review the financial reporting required by Federal agencies for Federal award recipients to consolidate financial reporting and reduce duplicative financial reporting and compliance costs for recipients; (2) request input from Federal award recipients to reduce duplicative financial reporting, especially from State and local governments and institutions of higher education; (3) not later than 1 year after the date of enactment of the Digital Accountability and Transparency Act of 2013, provide guidance to the heads of Federal agencies regarding how to simplify the reporting requirements for Federal award recipients to consolidate financial reporting, reduce duplicative reporting, and reduce compliance costs, as appropriate; and (4) not later than 18 months after the date of enactment of the Digital Accountability and Transparency Act of 2013, submit to Congress a report regarding any legislative action required to consolidate, streamline, or reduce the cost of reporting requirements for Federal award recipients. (g) Accountability for Federal funding (1) In general Not later than 1 year after the date of enactment of the Digital Accountability and Transparency Act of 2013, and every 2 years thereafter until the date that is 6 years after such date of enactment, the Inspector General of each Federal agency, in consultation with the Comptroller General of the United States, shall review a sampling of the data submitted under this Act by the agency, and shall submit to Congress and make publicly available a report on the completeness, timeliness, quality, and accuracy of the data sampled and the implementation and use of consistent data standards by the Federal agency. (2) Comptroller general (A) In general Not later than 2 years after the date of enactment of the Digital Accountability and Transparency Act of 2013, and every 2 years thereafter until the date that is 6 years after such date of enactment, and after review of the reports submitted under paragraph (1), the Comptroller General of the United States shall submit to Congress and make publicly available a report on the completeness, timeliness, quality, and accuracy of the data submitted under this Act by each Federal agency and the implementation and use of consistent data standards by each Federal agency. (B) Ranking The Comptroller General of the United States shall make available a ranking of Federal agencies regarding data quality, accuracy, and compliance with this Act. (h) Recovery accountability and transparency board (1) Resources and mechanisms The Recovery Accountability and Transparency Board shall develop and test information technology resources and oversight mechanisms to enhance the transparency of and detect and remediate waste, fraud, and abuse in Federal spending for Inspectors General. (2) Website The Recovery Accountability and Transparency Board shall maintain a website informing the public of its activities to identify waste, fraud, and abuse and increase transparency of Federal funds to provide support for Inspectors General. (3) Recovery Operations Center The Recovery Accountability and Transparency Board shall establish and maintain a Recovery Operations Center as a Government-wide Internet-based data access system to carry out the functions described in paragraph (4). (4) Functions of the Recovery Operations Center The functions referred to in paragraph (3) are the following: (A) In General The Recovery Operations Center shall incorporate— (i) all information described in subsection (b)(1); (ii) other information maintained by Federal, State, local, and foreign government agencies; and (iii) other commercially and publicly available information. (B) Specific Functions The Recovery Operations Center shall be designed and operated to carry out the following functions: (i) Combine information described in subsection (b)(1) with other compilations of information, including those listed in subparagraph (A). (ii) Permit agencies, in accordance with applicable law, to detect and remediate waste, fraud, and abuse. . 4. Pilot program to evaluate consolidated recipient reporting (a) In general Not later than 90 days after the date of enactment of this Act, the Recovery Accountability and Transparency Board, in consultation with the Secretary of the Treasury and the Director of the Office of Management and Budget, shall establish a pilot program relating to reporting by recipients of Federal funds (in this section referred to as the pilot program ) for the purpose of increasing financial transparency to— (1) display the full cycle of Federal funds; (2) improve the accuracy of Federal financial data; and (3) develop recommendations for reducing reporting required of recipients of Federal funds by consolidating and automating financial reporting requirements across the Federal Government. (b) Requirements The pilot program shall— (1) include recipients that collectively receive not less than $1,000,000,000 in Federal funds each fiscal year; (2) include recipients that receive Federal funds under multiple programs across multiple agencies; and (3) include recipients that collectively receive Federal funds under contracts, grants, and subawards. (c) Reporting and evaluation requirements Each recipient of Federal funds participating in the pilot program shall submit to the Recovery Accountability and Transparency Board reports on the finances of the selected Federal awards. (d) Publication of information All the information collected by the Recovery Accountability and Transparency Board under the pilot program shall be made publicly available and searchable on the website established under section 2 of the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note). (e) Termination The pilot program shall terminate on the date that is 3 years after the date on which the Recovery Accountability and Transparency Board establishes the pilot program. (f) Report to congress Not later than 90 days after the date on which the pilot program terminates under subsection (e), the Recovery Accountability and Transparency Board shall submit to the Committee on Homeland Security and Governmental Affairs and the Committee on Oversight and Government Reform of the House of Representatives a report on the pilot program, which shall include— (1) a description of financial data collected under the pilot program, the accuracy of the data provided, and the cost to collect the data from recipients; and (2) recommendations for— (A) consolidating some or all aspects of Federal financial reporting to reduce the costs to recipients of Federal funds; (B) automating some or all aspects of Federal financial reporting to increase efficiency and reduce the costs to recipients of Federal funds; and (C) improving financial transparency. 5. Classified and protected information Section 3 of the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note) is amended to read as follows: 3. Classified and protected information Nothing in this Act shall require the disclosure to the public or to any person without an identifiable need to know— (1) information protected under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ); or (2) information protected under section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974 ), or section 6103 of the Internal Revenue Code of 1986. . 6. American Recovery and Reinvestment Act of 2009 amendments Public Law 111–5 is amended— (1) in subsection 1501(4) of title XV, by adding before the period at the end the following: except that, in subtitle B, the term means any funds that are obligated or expended by an agency from appropriations made under this or any other Act ; (2) in section 1512 of title XV, by adding at the end the following: (i) Expiration The requirements in this section shall expire on September 31, 2013. ; (3) in section 1523 of title XV, by adding at the end the following: (d) Expiration The requirements in this section shall expire on September 30, 2013. ; (4) in section 1526 of title XV, by adding at the end the following: (e) Expiration The requirements in this section shall expire on September 30, 2013. ; and (5) in section 1530 of title XV, by striking September 30, 2013, and inserting September 30, 2017. . 7. Disaster Relief Appropriations Act of 2013 amendments Public Law 113–2 is amended in section 904(d)— (1) by striking for purposes related to the impact of Hurricane Sandy ; (2) by striking related to the impact of Hurricane Sandy after receiving appropriations ; and (3) by striking related to funds appropriated for the impact of Hurricane Sandy after on its activities . 8. Executive agency accounting and other financial management reports and plans Section 3512(a) of title 31, United States Code, is amended— (1) in paragraph (1), by inserting and make available on the website described under section 1122 of this title after appropriate committees of the Congress ; (2) in paragraph (3)(B)(vi), by inserting , system development, financial management workforce development, related risk assessment and mitigation for the Federal Government as a whole, related risk assessment and mitigation for executive agencies, development of capacity to prevent and detect fraud, after equipment acquisitions ; and (3) in paragraph (4), by adding at the end the following: (C) Not later than 90 days after the date of enactment of the Digital Accountability and Transparency Act of 2013, and every 90 days thereafter, the Director shall make available on the website described under section 1122 of this title a report regarding— (i) specific goals for the most recent full fiscal year, the fiscal year during which the report is submitted, and the fiscal year following the year during which the report is submitted that are necessary steps toward implementing the Federal Funding Accountability and Transparency Act of 2006 ( 31 U.S.C. 6101 note) fully and in an effective, efficient, and accurate manner; and (ii) the status and progress achieved toward each goal described in clause (i), including any changes to the cost, schedule, or performance baselines of achieving each goal, using earned value management where appropriate. . | https://www.govinfo.gov/content/pkg/BILLS-113hr2061ih/xml/BILLS-113hr2061ih.xml |
113-hr-2062 | I 113th CONGRESS 1st Session H. R. 2062 IN THE HOUSE OF REPRESENTATIVES May 21, 2013 Mr. Johnson of Ohio (for himself, Mr. Joyce , Mr. Chabot , Mr. Ryan of Ohio , Mr. Jordan , Mr. Tiberi , Mr. Gibbs , Mr. Turner , Mr. Stivers , Ms. Kaptur , Mr. Renacci , Mr. Wenstrup , Mr. Latta , Mrs. Beatty , and Ms. Fudge ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To designate the facility of the United States Postal Service located at 275 Front Street in Marietta, Ohio, as the Lance Corporal Joshua C. Taylor Memorial Post Office Building .
1. Lance Corporal Joshua C. Taylor Memorial Post Office Building (a) Designation The facility of the United States Postal Service located at 275 Front Street in Marietta, Ohio, shall be known and designated as the Lance Corporal Joshua C. Taylor Memorial Post Office Building . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Lance Corporal Joshua C. Taylor Memorial Post Office Building . | https://www.govinfo.gov/content/pkg/BILLS-113hr2062ih/xml/BILLS-113hr2062ih.xml |
113-hr-2063 | I 113th CONGRESS 1st Session H. R. 2063 IN THE HOUSE OF REPRESENTATIVES May 21, 2013 Mr. Bilirakis 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 health care provided to veterans of World War II at facilities of the Department of Veterans Affairs.
1. Provision of health care to veterans of World War II Section 1705(a)(6) of title 38, United States Code, is amended by striking the period at the end and inserting the following: and veterans not covered by paragraphs (1) through (5) who served during World War II. . | https://www.govinfo.gov/content/pkg/BILLS-113hr2063ih/xml/BILLS-113hr2063ih.xml |
113-hr-2064 | I 113th CONGRESS 1st Session H. R. 2064 IN THE HOUSE OF REPRESENTATIVES May 21, 2013 Ms. Wasserman Schultz (for herself, Ms. Ros-Lehtinen , Mr. Deutch , Mr. Joyce , Mr. Schneider , and Mr. Waxman ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Older Americans Act of 1965 to provide social service agencies with the resources to provide services to meet the urgent needs of Holocaust survivors to age in place with dignity, comfort, security, and quality of life.
1. Short title; table of contents (a) Short title This Act may be cited as the Responding to Urgent needs of Survivors of the Holocaust Act or the RUSH Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purposes. Sec. 3. Findings. Title I—Responding to the needs of Holocaust survivors Subtitle A—Definition, grants, and other programs Sec. 101. Definition. Sec. 102. Organization. Sec. 103. Area plans. Sec. 104. State plans. Sec. 105. Consumer contributions. Sec. 106. Program authorized. Sec. 107. Prevention of elder abuse, neglect, and exploitation. Subtitle B—Functions within Administration for Community Living To assist Holocaust survivors Sec. 121. Designation of individual within the Administration. Sec. 122. Annual report to Congress. Title II—Nutrition services for all older individuals Sec. 201. Nutrition services. Title III—Transportation services and resources Sec. 301. Transportation services. 2. Purposes The purposes of this Act are— (1) to include older individuals who are Holocaust survivors in the list of groups that receive preference for services as defined in section 305(a)(2)(E) of the Older Americans Act of 1965 ( 42 U.S.C. 3025(a)(2)(E) ); (2) to designate within the Administration on Aging an individual to have responsibility for older individuals who are Holocaust survivors; (3) to ensure that meals provided by the Act meet any special health-related or other dietary needs of program participants, including needs based on religious, cultural, or ethnic requirements; and (4) to support programs that enable the mobility and self-sufficiency of older individuals with greatest economic need and individuals with greatest social need by providing transportation services and resources. 3. Findings Congress finds the following: (1) During the Holocaust, which took place between 1933 and 1945, an estimated 6,000,000 Jews, as well as millions from other targeted groups, were murdered by the Nazis and their collaborators. (2) The United States Holocaust Memorial Museum Encyclopedia estimates that more than 200,000 Jews found refuge in the United States from 1933 to 1945 and that approximately 137,000 Jewish refugees had settled in the United States from 1945 to 1952. (3) Jewish refugees continued to immigrate to the United States from Europe and countries of the former Soviet Union over the subsequent decades. (4) According to the Conference on Jewish Material Claims Against Germany’s 2011 Worldbook: A Guide to Claims Conference Programs Worldwide, the Estimated Nazi Victim Population in the United States is 120,935, down from an estimated 127,300 in 2010. (5) According to the Conference on Jewish Material Claims Against Germany’s 2011 Worldbook: A Guide to Claims Conference Programs Worldwide, 3 in 5 of Nazi victims currently residing in the United States are women, and while the average age of a Nazi victim is 80, nearly one-quarter are age 85 or older. (6) Holocaust survivors continue to live with the unique mental and physical scars of the unconscionable trauma caused by the Holocaust, and while institutionalized settings are beneficial for some older people, the consequences of institutionalization can have a particular adverse effect on Holocaust survivors. (7) For many Holocaust survivors, institutionalized settings produce sights, sounds, smells, emotions, and routines that can induce panic, anxiety, and re-traumatization as a result of experiences from the Holocaust. (8) According to Findings from the National Jewish Population Survey 2000–01, a Jewish Federations of North America Report produced in December 2003, victims are more economically and socially vulnerable, report poorer health and more health problems, and have somewhat greater social service needs . They also report poorer health and more disabilities that limit daily activities compared to non-victims. (9) Low-income Holocaust survivors are more reliant on social service programs than most other older Americans, and proportionally more Holocaust survivors need services such as personal care, home-delivered and congregate meals, transportation, counseling, and mental health support to promote health and quality of life. (10) Community organizations serving Holocaust survivors report that approximately two-thirds of Holocaust survivors live alone, and living alone is a risk factor for hospitalization and nursing home admission, poverty, falls, depression, poor nutrition, social isolation, and loneliness, which have been associated with poor health outcomes and an increased risk of death. (11) According to Findings from the National Jewish Population Survey 2000–01, more than half of all Holocaust survivors who immigrated to the United States from the former Soviet Union after 1965 have annual incomes beneath the Federal poverty threshold and constitute an extremely vulnerable at-risk population in the United States. (12) Community organizations serving Holocaust survivors report that transportation is vital to help Holocaust survivors attend medical appointments, shop and purchase necessary items, visit family and friends, and participate in cultural, recreational, or social events, such as congregate meals or religious services. (13) As the general population of older adults increases and public or philanthropic resources remain constant, providers serving older adults including Holocaust survivors need additional capacity to cover the needed services. (14) The Administration for Community Living in the United States Department of Health and Human Services serves as the Federal agency responsible for increasing access to community supports, while focusing attention and resources on the unique needs of older Americans and people with disabilities across the lifespan. (15) The Administration for Community Living’s mission is to maximize the independence, well-being, and health of older adults, people with disabilities, and their families and caregivers. (16) Many social service agencies that receive funding under the Older Americans Act for home-delivered or congregate meals serve diverse seniors with specialized dietary needs based on religious, cultural, or ethnic requirements, and the necessary special meals often cost more than non-special meals. I Responding to the needs of Holocaust survivors A Definition, grants, and other programs 101. Definition Section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 ) is amended— (1) in paragraph (24)— (A) in subparagraph (B), by striking and ; (B) in subparagraph (C)(ii), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (D) status as a Holocaust survivor. ; (2) by redesignating paragraphs (26) through (54) as paragraphs (27) through (55); and (3) by inserting after paragraph (25) the following: (26) The term Holocaust survivor means an individual who— (A) (i) lived in a country between 1933 and 1945 under a Nazi regime, under Nazi occupation, or under the control of Nazi collaborators; or (ii) fled from a country between 1933 and 1945 under a Nazi regime, under Nazi occupation, or under the control of Nazi collaborators; (B) was persecuted between 1933 and 1945 on the basis of race, religion, physical or mental disability, sexual orientation, political affiliation, ethnicity, or other basis; and (C) was a member of a group that was persecuted by the Nazis. . 102. Organization Section 305(a) of the Older Americans Act of 1965 ( 42 U.S.C. 3025(a) ) is amended— (1) in paragraph (1)(E), by inserting older individuals who are Holocaust survivors, after proficiency, each place it appears; and (2) in paragraph (2)(E), by inserting older individuals who are Holocaust survivors, after proficiency, . 103. Area plans Section 306 of the Older Americans Act of 1965 ( 42 U.S.C. 3026 ) is amended— (1) in subsection (a)— (A) in paragraph (1), by inserting older individuals who are Holocaust survivors, after proficiency, each place it appears; (B) in paragraph (4)— (i) in subparagraph (A)— (I) in clause (i)(I)(bb), by inserting older individuals who are Holocaust survivors, after proficiency, ; and (II) in clause (ii), by inserting older individuals who are Holocaust survivors, after proficiency, each place it appears; (ii) in subparagraph (B)(i)— (I) in subclause (VI), by striking and at the end; and (II) by inserting after subclause (VII) the following: (VIII) older individuals who are Holocaust survivors; and ; and (iii) in subparagraph (B)(ii), by striking subclauses (I) through (VI) and inserting subclauses (I) through (VIII) ; and (C) in paragraph (7)(B)(iii), by inserting in particular, older individuals who are Holocaust survivors, after placement, ; and (2) in subsection (b)(2)(B), by inserting older individuals who are Holocaust survivors, after areas, . 104. State plans Section 307(a) of the Older Americans Act of 1965 ( 42 U.S.C. 3027(a) ) is amended— (1) in paragraph (4), by inserting older individuals who are Holocaust survivors, after proficiency, ; (2) in paragraph (16)— (A) in subparagraph (A)— (i) in clause (v), by striking and at the end; and (ii) by adding at the end the following: (vii) older individuals who are Holocaust survivors; and ; and (B) in subparagraph (B), by striking clauses (i) through (vi) and inserting clauses (i) through (vii) ; and (3) in paragraph (28)(B)(ii), by inserting older individuals who are Holocaust survivors, after areas, . 105. Consumer contributions Section 315 of the Older Americans Act of 1965 ( 42 U.S.C. 3030c–2 ) is amended— (1) in subsection (c)(2), by inserting older individuals who are Holocaust survivors, after proficiency, ; and (2) in subsection (d), by inserting older individuals who are Holocaust survivors, after proficiency, . 106. Program authorized Section 373(c)(2)(A) of the Older Americans Act of 1965 ( 42 U.S.C. 3030s–1(c)(2)(A) ) is amended by striking individuals) and inserting individuals and older individuals who are Holocaust survivors) . 107. Prevention of elder abuse, neglect, and exploitation Section 721(b)(12) of the Older Americans Act of 1965 ( 42 U.S.C. 3058i(b)(12) ) is amended— (1) in subparagraph (B), by striking or at the end; (2) in subparagraph (C), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (D) older individuals who are Holocaust survivors. . B Functions within Administration for Community Living To assist Holocaust survivors 121. Designation of individual within the Administration The Administrator for Community Living is authorized to designate within the Administration for Community Living a person who has specialized training, background, or experience with Holocaust survivor issues to have responsibility for implementing services for older individuals who are Holocaust survivors. 122. Annual report to Congress The Administrator for Community Living, with assistance from the individual designated under section 121, shall prepare and submit to Congress an annual report on the status and needs, including the priority areas of concern, of older individuals (as defined in section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 )) who are Holocaust survivors. II Nutrition services for all older individuals 201. Nutrition services (a) In general Section 339(2) of the Older Americans Act of 1065 (42 U.S.C. 3030g–21(2)) is amended— (1) in subparagraph (A), by amending clause (iii) to read as follows: (iii) to the maximum extent practicable, are adjusted and appropriately funded to meet any special health-related or other dietary needs of program participants, including needs based on religious, cultural, or ethnic requirements, ; (2) in subparagraph (J), by striking appropriate, and and inserting appropriate, ; (3) in subparagraph (K), by striking the period and inserting , and ; and (4) by adding at the end the following: (L) encourages and educates individuals who distribute nutrition services under subpart 2 to engage in conversation with homebound older individuals and to be aware of the warning signs of medical emergencies, injury, or abuse in order to reduce isolation and promote well-being. . (b) Study of nutrition projects Section 317(a)(2) of the Older Americans Act Amendments of 2006 ( Public Law 106–365 ) is amended— (1) in subparagraph (B), by striking ; and and inserting a semicolon; (2) in subparagraph (C), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (D) an analysis of service providers’ abilities to obtain viable contracts for special foods necessary to meet a religious requirement, required dietary need, or ethnic consideration. . III Transportation services and resources 301. Transportation services (a) In general Section 411(a) of the Older Americans Act of 1065 (42 U.S.C. 3032(a)) is amended— (1) in paragraph (12), by striking and at the end; (2) by redesignating paragraph (13) as paragraph (14); and (3) by inserting after paragraph (12) the following: (13) the support of programs that enable the mobility and self-sufficiency of older individuals with the greatest economic need and older individuals with the greatest social need by providing transportation services and resources; and . | https://www.govinfo.gov/content/pkg/BILLS-113hr2064ih/xml/BILLS-113hr2064ih.xml |
113-hr-2065 | I 113th CONGRESS 1st Session H. R. 2065 IN THE HOUSE OF REPRESENTATIVES May 21, 2013 Mr. McKinley (for himself and Mrs. Napolitano ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to require recipients of per diem payments from the Secretary of Veterans Affairs for the provision of services for homeless veterans to comply with codes relevant to operations and level of care provided, and for other purposes.
1. Short title This Act may be cited as the Safe Housing for Homeless Veterans Act . 2. Conditions on the award of per diem payments by the Secretary of Veterans Affairs for the provision of housing or services to homeless veterans (a) Condition (1) In general Paragraph (1) of section 2012(c) of title 38, United States Code, is amended to read as follows: (1) Except as provided in paragraph (2), a per diem payment may not be provided under this section to a grant recipient or eligible entity unless the entity submits to the Secretary an annual certification, approved or verified by the authority having jurisdiction or a qualified third party, that the building where the entity provides such housing or services is in compliance with codes relevant to the operations and level of care provided, including applicable provisions of the most recently published version of the Life Safety Code or International Building Code and International Fire Code (or such versions of such codes that have been adopted as State or local codes by the jurisdiction in which the project is located), licensing requirements, fire and safety requirements, and any other requirements in the jurisdiction in which the project is located regarding the condition of the structure and the operation of the supportive housing or service center. . (2) Effective date The amendment made by paragraph (1) shall apply with respect to an application for a per diem payment under section 2012 of title 38, United States Code, submitted on or after the date of the enactment of this Act. (b) Annual report Section 2065(b) of title 38, United States Code, is amended— (1) by redesignating paragraph (6) as paragraph (7); and (2) by inserting after paragraph (5) the following new paragraph (6): (6) The Secretary’s evaluation of the safety and accessibility of facilities used to provide programs established by grant recipients or eligible entities under section 2011 and 2012 of this title, including the number of such grant recipients or eligible entities who have submitted a certification under section 2012(c)(1). . (c) Treatment of current recipients In the case of the recipient of a per diem payment under section 2012 of title 38, United States Code, that receives such a payment during the year in which this Act is enacted, the Secretary of Veterans Affairs shall require the recipient to submit the certification required under section 2012(c)(1) of such title, as amended by subsection (a)(1), by not later than two years after the date of the enactment of this Act. If the recipient fails to submit such certification by such date, the Secretary may not make any additional per diem payments to the recipient under such section 2012 until the recipient submits such certification. | https://www.govinfo.gov/content/pkg/BILLS-113hr2065ih/xml/BILLS-113hr2065ih.xml |
113-hr-2066 | I 113th CONGRESS 1st Session H. R. 2066 IN THE HOUSE OF REPRESENTATIVES May 21, 2013 Mr. Denham (for himself, Mr. Cohen , Mr. Grimm , and Mr. Campbell ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To require Amtrak to propose a pet policy that allows passengers to transport domesticated cats and dogs on certain Amtrak trains, and for other purposes.
1. Short title This Act may be cited as the Pets on Trains Act of 2013 . 2. Amtrak policy for passengers transporting domesticated cats and dogs (a) In general Not later than 90 days after the date of the enactment of this Act, Amtrak shall propose a pet policy that allows passengers to transport domesticated cats or dogs on certain trains operated by Amtrak. (b) Pet policy In the proposal required under subsection (a), Amtrak shall— (1) designate, where feasible, at least one car of each passenger train that is comprised of more than one car in which a ticketed passenger may transport a domesticated cat or dog in the same manner as carry-on baggage if— (A) the cat or dog is contained in a pet kennel; (B) the pet kennel can be stowed in accordance with Amtrak size requirements for carriage of carry-on baggage; (C) the passenger is ticketed for traveling a distance less than 750 miles; and (D) the passenger pays a fee described in subsection (c); and (2) allow ticketed passengers to transport domesticated cats or dogs in the same manner as cargo if— (A) the cat or dog is contained in a pet kennel; (B) the pet kennel can be stowed in accordance with Amtrak requirements for cargo stowage; (C) the passenger is ticketed for traveling a distance less than 750 miles; (D) the cargo area is temperature controlled in a manner protective of dog and cat health; and (E) the passenger pays a fee described in subsection (c). (c) Fee collection Under the pet policy described in subsection (b), Amtrak shall collect a fee for each cat or dog transported by a ticketed passenger in an amount that, at a minimum, covers the costs of administration of the policy. (d) Limitation on statutory construction (1) Service animals The proposal required under subsection (a) shall be separate from and in addition to the policy governing Amtrak passengers traveling with service animals. Nothing in this section may be interpreted to limit or waive the rights of passengers to transport service animals. (2) Additional train cars Nothing in this section may be interpreted to require Amtrak to add additional train cars or modify existing train cars. | https://www.govinfo.gov/content/pkg/BILLS-113hr2066ih/xml/BILLS-113hr2066ih.xml |
113-hr-2067 | I 113th CONGRESS 1st Session H. R. 2067 IN THE HOUSE OF REPRESENTATIVES May 21, 2013 Mr. Meadows introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend title 5, United States Code, to make permanent the authority of the Secretary of the Treasury to establish a separate compensation and performance management system with respect to persons holding critical scientific, technical, or professional positions within the Alcohol and Tobacco Tax and Trade Bureau, Department of the Treasury.
1. Short title This Act may be cited as the Alcohol and Tobacco Tax and Trade Bureau Personnel Flexibilities Act . 2. Alcohol and Tobacco Tax and Trade Bureau (a) In general Subpart I of part III of title 5, United States Code, is amended by inserting after chapter 95 the following: 96 Alcohol and Tobacco Tax and Trade Bureau 9601. Definitions; applicability. 9602. Compensation and performance management system. 9601. Definitions; applicability (a) Definitions For purposes of this chapter— (1) the term Secretary means the Secretary of the Treasury; (2) the term Bureau means the Alcohol and Tobacco Tax and Trade Bureau, Department of the Treasury; and (3) the terms senior executive and Senior Executive Service position have the respective meanings given them in section 3132(a). (b) Applicability A compensation and performance management system established under section 9602 shall not cover, and nothing in any such system shall be considered to apply with respect to, a senior executive or a Senior Executive Service position. 9602. Compensation and performance management system (a) Establishment (1) In general The Secretary shall establish a system, applying such criteria and procedures as the Secretary considers appropriate, which shall govern the compensation and performance management of any number of employees holding critical scientific, technical, or professional positions in the Bureau. (2) Authority Subject to the provisions of this chapter— (A) the establishment of a compensation and performance management system under this section shall not be limited by any lack of specific authority under this title to take the action contemplated, or by any provision of this title or any rule or regulation prescribed under this title which is inconsistent with the action; and (B) the total number of positions covered by the system or systems established under authority of this section (determined on a full-time equivalent basis) may not at any time exceed the number equal to 50 percent of the total number of positions within the Bureau (so determined). (3) Consultation The Secretary shall consult with the Director of the Office of Personnel Management in the exercise of any authority under this section. (b) Nonwaivable provisions; collaboration A compensation and performance management system established under this section— (1) may not provide for a waiver of any provision of law, rule, or regulation identified in section 4703(c); and (2) shall be established and implemented in a manner consistent with subsections (f) and (g) of section 4703. (c) Limitations on compensation Except as otherwise provided by law— (1) no employee compensated under a system established under this section may be paid at a rate of basic pay in excess of the rate payable for level III of the Executive Schedule under section 5314; and (2) total payments made to employees under a system so established shall be subject to any limitation on payments under section 5307, to the same extent and in the same manner as would apply in the case of employees paid under section 5376. (d) Levels of performance A system established under this section shall have not less than 2 levels of performance above a retention standard. (e) Disclosure of information The Secretary of the Treasury, on request of the Director of the Office of Personnel Management, shall furnish information relating to the operation of any compensation and performance management system established under this section. . (b) Compliance using a preexisting system Nothing in this Act shall be considered to require that the Secretary of the Treasury discontinue any compensation and performance management system, originally implemented as a demonstration project, or postpone any plans to modify any such system, so long as such system (as so implemented or modified) satisfies the requirements of chapter 96 of title 5, United States Code, as amended by this Act. (c) Clerical amendment The analysis for part III of title 5, United States Code, is amended by inserting after the item relating to chapter 95 the following: 96. Alcohol and Tobacco Tax and Trade Bureau 9601 . 3. Study (a) In general Not later than 1 year after the date of the establishment of a compensation and performance management system under section 9602 of title 5, United States Code, as amended by this Act (or, in any circumstance described in section 2(b), after the earliest date, on or after the date of the enactment of this Act, as of which a system satisfying the requirements of chapter 96 of such title, as so amended, is in operation) the Government Accountability Office shall submit to the appropriate committees of Congress a report on— (1) the operation of such system; and (2) the operation of ongoing demonstration projects, whether under section 4703 of title 5, United States Code, or other authority, testing the use of a pay and classification system different from the system set forth in chapter 51 and subchapter III of chapter 53 of such title 5 (relating to the General Schedule). The report shall, with respect to each system covered by such report, include an assessment of the overall effectiveness of such system (particularly as compared to the system which is based on the General Schedule) and recommendations for any legislation or administrative action which the Government Accountability Office considers appropriate. (b) Appropriate committees of Congress For purposes of this section, the term appropriate committees of Congress means— (1) the Committee on Oversight and Government Reform of the House of Representatives; and (2) the Committee on Homeland Security and Governmental Affairs of the Senate. | https://www.govinfo.gov/content/pkg/BILLS-113hr2067ih/xml/BILLS-113hr2067ih.xml |
113-hr-2068 | I 113th CONGRESS 1st Session H. R. 2068 IN THE HOUSE OF REPRESENTATIVES May 21, 2013 Mrs. Lummis (for herself, Mr. DeFazio , and Mr. Amodei ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To reauthorize the Federal Land Transaction Facilitation Act, and for other purposes.
1. Short title This Act may be cited as the Federal Land Transaction Facilitation Act Reauthorization of 2013 . 2. Federal land transaction facilitation act The Federal Land Transaction Facilitation Act is amended— (1) in section 203(1) ( 43 U.S.C. 2302(1) ), by striking cultural, or and inserting cultural, recreational access and use, or other ; (2) in section 203(2) in the matter preceding subparagraph (A), by striking on the date of enactment of this Act was and inserting is ; (3) in section 205 (43 U.S.C. 2304)— (A) in subsection (a), by striking section 206 and all that follows through the period and inserting the following: “section 206— (1) to complete appraisals and satisfy other legal requirements for the sale or exchange of public land identified for disposal under approved land use plans under section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712); (2) not later than 180 days after the date of the enactment of the Federal Land Transaction Facilitation Act Reauthorization of 2013, to establish and make available to the public, on the website of the Department of the Interior, a database containing a comprehensive list of all the land referred to in paragraph (1); and (3) to maintain the database referred to in paragraph (2). ; and (B) in subsection (d), by striking 11 and inserting 20 ; (4) in section 206(c)(2) ( 43 U.S.C. 2305(c)(2) ), by adding at the end the following: (E) Any funds made available under subparagraph (D) that are not obligated or expended by the end of the fourth full fiscal year after the date of the sale or exchange of land that generated the funds may be expended in any State. ; (5) in section 206(c)(3) ( 43 U.S.C. 2305(c)(3) )— (A) by inserting after subparagraph (A) the following: (B) the extent to which the acquisition of the land or interest therein will increase the public availability of resources for, and facilitate public access to, hunting, fishing, and other recreational activities; ; and (B) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E); (6) in section 206(f) ( 43 U.S.C. 2305(f) ), by amending paragraph (2) to read as follows: (2) any remaining balance in the account shall be deposited in the Treasury and used for deficit reduction, except that in the case of a fiscal year for which there is no Federal budget deficit, such amounts shall be used to reduce the Federal debt (in such manner as the Secretary of the Treasury considers appropriate). ; and (7) in section 207(b) ( 43 U.S.C. 2306(b) )— (A) in paragraph (1)— (i) by striking 96–568 and inserting 96–586 ; and (ii) by striking ; or and inserting a semicolon; (B) in paragraph (2)— (i) by inserting Public Law 105–263; before 112 Stat. ; and (ii) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (3) the White Pine County Conservation, Recreation, and Development Act of 2006 (Public Law 109–432; 120 Stat. 3028); (4) the Lincoln County Conservation, Recreation, and Development Act of 2004 ( Public Law 108–424 ; 118 Stat. 2403); (5) subtitle F of title I of the Omnibus Public Land Management Act of 2009 ( 16 U.S.C. 1132 note; Public Law 111–11 ); (6) subtitle O of title I of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 460www note, 1132 note; Public Law 111–11 ); (7) section 2601 of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 ; 123 Stat. 1108); or (8) section 2606 of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 ; 123 Stat. 1121). . | https://www.govinfo.gov/content/pkg/BILLS-113hr2068ih/xml/BILLS-113hr2068ih.xml |
113-hr-2069 | I 113th CONGRESS 1st Session H. R. 2069 IN THE HOUSE OF REPRESENTATIVES May 21, 2013 Mr. Benishek introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Tribally Controlled Colleges and Universities Assistance Act of 1978 to authorize the Secretary of the Interior to waive certain eligibility requirements.
1. Amendment to the Tribally Controlled Colleges and Universities Assistance Act of 1978 Section 103 of the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1804 ) is amended— (1) by striking To be eligible and inserting (a) To be eligible ; and (2) by adding at the end the following new subsections: (b) The Secretary may waive the eligibility requirements set forth in subsection (a) for a period of not more than 7 years upon request by a tribally controlled college or university— (1) that has received assistance under this title for 10 consecutive years; (2) that is located on Indian lands; (3) that is located in a county that has an Indian population that did not decrease by more than one percent during the interval between the two most recent decennial censuses of population under section 141 of the title 13, United States Code; and (4) for which the Secretary has determined that such a waiver will support higher education opportunities appropriate to the needs of Indians. (c) The Secretary shall approve or deny an application for a waiver under subsection (b) within 30 days of receipt of such an application or such application shall be deemed to be approved. . | https://www.govinfo.gov/content/pkg/BILLS-113hr2069ih/xml/BILLS-113hr2069ih.xml |
113-hr-2070 | I 113th CONGRESS 1st Session H. R. 2070 IN THE HOUSE OF REPRESENTATIVES May 21, 2013 Mr. Bishop of New York (for himself, Mr. Walz , Mr. Langevin , Mr. Rahall , Mr. Yarmuth , Mrs. McCarthy of New York , Mr. Van Hollen , Mr. Tierney , Ms. Kuster , and Mr. Cicilline ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To protect consumers from price-gouging of gasoline and other fuels, and for other purposes.
1. Short title This Act may be cited as the Federal Price Gouging Prevention Act of 2013 . 2. Unconscionable pricing of gasoline and other petroleum distillates during emergencies (a) Unconscionable pricing (1) In general It shall be unlawful for any person to sell, at wholesale or at retail in an area and during a period of an international crisis affecting the oil markets proclaimed under paragraph (2), gasoline or any other petroleum distillate covered by a proclamation issued under paragraph (2) at a price that— (A) is unconscionably excessive; and (B) indicates the seller is taking unfair advantage of the circumstances related to an international crisis to increase prices unreasonably. (2) Energy emergency proclamation (A) In general The President may issue a proclamation of an international crisis affecting the oil markets and may designate any area within the jurisdiction of the United States, where the prohibition in paragraph (1) shall apply. The proclamation shall state the geographic area covered, the gasoline or other petroleum distillate covered, and the time period that such proclamation shall be in effect. (B) Duration The proclamation— (i) may not apply for a period of more than 30 consecutive days, but may be renewed for such consecutive periods, each not to exceed 30 days, as the President determines appropriate; and (ii) may include a period of time not to exceed 1 week preceding a reasonably foreseeable emergency. (3) Factors considered In determining whether a person has violated paragraph (1), there shall be taken into account, among other factors— (A) whether the amount charged by such person for the applicable gasoline or other petroleum distillate at a particular location in an area covered by a proclamation issued under paragraph (2) during the period such proclamation is in effect— (i) grossly exceeds the average price at which the applicable gasoline or other petroleum distillate was offered for sale by that person during the 30 days prior to such proclamation; (ii) grossly exceeds the price at which the same or similar gasoline or other petroleum distillate was readily obtainable in the same area from other competing sellers during the same period; (iii) reasonably reflected additional costs, not within the control of that person, that were paid, incurred, or reasonably anticipated by that person, or reflected additional risks taken by that person to produce, distribute, obtain, or sell such product under the circumstances; and (iv) was substantially attributable to local, regional, national, or international market conditions; and (B) whether the quantity of gasoline or other petroleum distillate the person produced, distributed, or sold in an area covered by a proclamation issued under paragraph (2) during a 30-day period following the issuance of such proclamation increased over the quantity that that person produced, distributed, or sold during the 30 days prior to such proclamation, taking into account usual seasonal demand variations. (b) Definitions As used in this section— (1) the term wholesale , with respect to sales of gasoline or other petroleum distillates, means either truckload or smaller sales of gasoline or petroleum distillates where title transfers at a product terminal or a refinery, and dealer tank wagon sales of gasoline or petroleum distillates priced on a delivered basis to retail outlets; and (2) the term retail , with respect to sales of gasoline or other petroleum distillates, includes all sales to end users such as motorists as well as all direct sales to other end users such as agriculture, industry, residential, and commercial consumers. 3. Enforcement by the Federal Trade Commission (a) Enforcement by FTC A violation of section 2 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. In enforcing section 2 of this Act, the Commission shall give priority to enforcement actions concerning companies with total United States wholesale or retail sales of gasoline and other petroleum distillates in excess of $10,000,000,000 per year. (b) Civil penalties (1) In general Notwithstanding the penalties set forth under the Federal Trade Commission Act, any person who violates section 2 with actual knowledge or knowledge fairly implied on the basis of objective circumstances shall be subject to— (A) a civil penalty of not more than 3 times the amount of profits gained by such person through such violation; or (B) a civil penalty of not more than $100,000,000. (2) Method The penalties provided by paragraph (1) shall be obtained in the same manner as civil penalties obtained under section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ). (3) Multiple offenses; mitigating factors In assessing the penalty provided by subsection (a)— (A) each day of a continuing violation shall be considered a separate violation; and (B) the court shall take into consideration, among other factors, the seriousness of the violation and the efforts of the person committing the violation to remedy the harm caused by the violation in a timely manner. 4. Criminal penalties (a) In general In addition to any penalty applicable under section 3, any person who violates section 2 shall be fined under title 18, United States Code, in an amount not to exceed $500,000,000. (b) Enforcement The criminal penalty provided by subsection (a) may be imposed only pursuant to a criminal action brought by the Attorney General or other officer of the Department of Justice. The Attorney General shall give priority to enforcement actions concerning companies with total United States wholesale or retail sales of gasoline and other petroleum distillates in excess of $10,000,000,000 per year. 5. Enforcement at retail level by State attorneys general (a) In general A State, as parens patriae, may bring a civil action on behalf of its residents in an appropriate district court of the United States to enforce the provisions of section 2 of this Act, or to impose the civil penalties authorized by section 3(b)(1)(B), whenever the attorney general of the State has reason to believe that the interests of the residents of the State have been or are being threatened or adversely affected by a violation of this Act or a regulation under this Act, involving a retail sale. (b) Notice The State shall serve written notice to the Federal Trade Commission of any civil action under subsection (a) prior to initiating such civil action. The notice shall include a copy of the complaint to be filed to initiate such civil action, except that if it is not feasible for the State to provide such prior notice, the State shall provide such notice immediately upon instituting such civil action. (c) Authority To intervene Upon receiving the notice required by subsection (b), the Federal Trade Commission may intervene in such civil action and upon intervening— (1) be heard on all matters arising in such civil action; and (2) file petitions for appeal of a decision in such civil action. (d) Construction For purposes of bringing any civil action under subsection (a), nothing in this section shall prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. (e) Venue; service of process In a civil action brought under subsection (a)— (1) the venue shall be a judicial district in which— (A) the defendant operates; (B) the defendant was authorized to do business; or (C) the defendant in the civil action is found; (2) process may be served without regard to the territorial limits of the district or of the State in which the civil action is instituted; and (3) a person who participated with the defendant in an alleged violation that is being litigated in the civil action may be joined in the civil action without regard to the residence of the person. (f) Limitation on State action while Federal action is pending If the Federal Trade Commission has instituted a civil action or an administrative action for violation of this Act, no State attorney general, or official or agency of a State, may bring an action under this subsection during the pendency of that action against any defendant named in the complaint of the Federal Trade Commission or the other agency for any violation of this Act alleged in the complaint. (g) Enforcement of State Law Nothing contained in this section shall prohibit an authorized State official from proceeding in State court to enforce a civil or criminal statute of such State. 6. Effect on other laws (a) Other authority of Federal Trade Commission Nothing in this Act shall be construed to limit or affect in any way the Federal Trade Commission’s authority to bring enforcement actions or take any other measure under the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) or any other provision of law. (b) State law Nothing in this Act preempts any State law. | https://www.govinfo.gov/content/pkg/BILLS-113hr2070ih/xml/BILLS-113hr2070ih.xml |
113-hr-2071 | I 113th CONGRESS 1st Session H. R. 2071 IN THE HOUSE OF REPRESENTATIVES May 21, 2013 Mr. Benishek introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To prohibit the use of any Federal funds to finalize, implement, or enforce the proposed rule entitled Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption .
1. Prohibition against finalizing, implementing, or enforcing the proposed rule entitled Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption No Federal funds may be used to finalize, implement, or enforce the proposed rule entitled Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption published by the Department of Health and Human Services on January 16, 2013 (78 Fed. Reg. 3503), or any successor or substantially similar rule. | https://www.govinfo.gov/content/pkg/BILLS-113hr2071ih/xml/BILLS-113hr2071ih.xml |
113-hr-2072 | I 113th CONGRESS 1st Session H. R. 2072 IN THE HOUSE OF REPRESENTATIVES May 21, 2013 Mr. Benishek 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 accountability of the Secretary of Veterans Affairs to the Inspector General of the Department of Veterans Affairs.
1. Short title This Act may be cited as the Demanding Accountability for Veterans Act of 2013 . 2. Accountability of Secretary of Veterans Affairs to Inspector General of the Department of Veterans Affairs (a) In general Chapter 7 of title 38, United States Code, is amended by adding at the end the following new section: 712. Accountability of Secretary to Inspector General. (a) List of managers (1) If the Inspector General of the Department of Veterans Affairs determines that the Secretary has not appropriately responded with significant progress to a covered report by the date specified in the action plan of the Secretary developed in response to such covered report— (A) the Inspector General shall notify the Committees on Veterans’ Affairs of the Senate and House of Representatives and the Secretary of such failure to appropriately respond; and (B) not later than 15 days after such notification, the Secretary shall submit to the Inspector General a list of the names of each responsible manager and the matter in the action plan for which the manager is responsible. (2) The Inspector General may not make public the names of responsible managers submitted under paragraph (1)(B). (b) Performance of responsible managers (1) The Secretary shall— (A) promptly notify each responsible manager of a covered issue by not later than seven days after the date on which the Secretary submits to the Inspector General the name of the manager under subsection (a)(2); (B) direct such manager to resolve such issue; and (C) provide such manager with appropriate counseling and a mitigation plan with respect to resolving such issue. (2) The Secretary shall ensure that any performance review of a responsible manager includes an evaluation of whether the manager took appropriate actions during the period covered by the review to respond to the covered issue for which a request was made under subsection (a). (3) The Secretary may not pay to a responsible manager any bonus or award, including a performance award under section 5384 of title 5, United States Code, if the covered issue for which a request was made under subsection (a) is unresolved. (c) Role of Inspector General Any authority of the Inspector General provided under this section is in addition to any responsibility or authority provided to the Inspector General in the Inspector General Act of 1978 (5 U.S.C. App). (d) Definitions In this section: (1) The term covered issue means, with respect to a responsible manager, an issue described in a covered report for which the manager is or was responsible. (2) The term covered report means a report by the Inspector General of the Department of Veterans Affairs that recommends actions to the Secretary of Veterans Affairs (or other official or employee of the Department) to address an issue in the Department with respect to public health or safety. (3) The term responsible manager means an individual who— (A) is an employee of the Department; (B) is or was responsible for an issue included in a covered report; and (C) in being so responsible, is or was employed in a management position, regardless of whether the employee is in the competitive civil service, Senior Executive Service, or other type of civil service. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 711 the following new item: 712. Accountability of Secretary to Inspector General. . | https://www.govinfo.gov/content/pkg/BILLS-113hr2072ih/xml/BILLS-113hr2072ih.xml |
113-hr-2073 | I 113th CONGRESS 1st Session H. R. 2073 IN THE HOUSE OF REPRESENTATIVES May 21, 2013 Mr. Brady of Texas (for himself, Mrs. Capps , Mr. King of New York , Ms. Norton , Mr. Roskam , Mr. Costa , and Mr. Bishop of New York ) 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 establish an interagency coordinating committee on pulmonary hypertension to develop recommendations to advance research, increase awareness and education, and improve health and health care, and for other purposes.
1. Short title This Act may be cited as the Pulmonary Hypertension Research and Diagnosis Act of 2013 . 2. Findings The Congress finds as follows: (1) Pulmonary hypertension is a serious, debilitating, and often fatal progressive condition where the blood pressure in the lungs rises to dangerously high levels. In pulmonary hypertension patients, the walls of the arteries that take blood from the right side of the heart to the lungs thicken and constrict. As a result, the right side of the heart has to pump harder to move blood into the lungs, causing it to enlarge and ultimately fail. (2) In advanced stages of pulmonary hypertension, the patient is able to perform only minimal activity and has symptoms even when resting, resulting in considerable disability. The disease may worsen to the point where the patient is completely bedridden. In a matter of months, many pulmonary hypertension patients have become so functionally deteriorated that they have lost their jobs and are dependent on family and disability benefits. (3) Despite the importance of early diagnosis on prognosis, pulmonary hypertension is rarely picked up in a routine medical exam. Even in its later stages, the signs of the disease are frequently confused with more common conditions that affect the heart and lungs. Due to the fact that the average length of time between the onset of symptoms and an accurate diagnosis is presently 2.8 years, nearly three out of four patients have advanced pulmonary hypertension by the time they are accurately diagnosed. (4) While pulmonary hypertension remains an incurable condition, progress in our scientific understanding of the disease has led to the development and Food and Drug Administration approval of nine innovative therapies indicated to treat pulmonary hypertension. (5) Existing treatment options can significantly extend life and improve quality of life for patients with pulmonary hypertension. The effectiveness of pulmonary hypertension treatment options is directly tied to how early in the progression of the condition a patient can be accurately diagnosed and begin the correct regimen of therapies. Improved early intervention will improve health outcomes for pulmonary hypertension patients while reducing the necessity for more drastic and costly treatment options, such as a lung or heart-lung transplant. 3. Interagency pulmonary hypertension coordinating committee (a) Establishment The Secretary of Health and Human Services (in this Act referred to as the Secretary ) shall establish a committee, to be known as the Interagency Pulmonary Hypertension Coordinating Committee (in this Act referred to as the Committee ), to make recommendations on, and coordinate, all efforts within the Department of Health and Human Services concerning pulmonary hypertension. (b) Responsibilities In carrying out its duties under this section, the Committee shall— (1) develop and annually update a summary of pulmonary hypertension advances in medical research and treatment development and improvement, early and accurate diagnosis, appropriate and timely intervention, transplantation, and access to care and therapies for patients; (2) monitor Federal activities with respect to pulmonary hypertension; (3) make recommendations to the Secretary regarding appropriate changes to such activities, including recommendations with respect to the strategic plan developed under paragraph (5); (4) make recommendations to the Secretary regarding stakeholder participation in decisions relating to pulmonary hypertension; (5) develop and annually update a comprehensive strategic plan to cooperatively improve health outcomes for pulmonary hypertension patients which includes— (A) recommendations to improve professional education concerning accurate diagnosis and appropriate intervention for health care providers; (B) recommendations to improve the transplantation criteria and process concerning lung and heart-lung transplants for pulmonary hypertension patients; (C) recommendations to improve public awareness and recognition of pulmonary hypertension; (D) recommendations to improve health care delivery and promote early and accurate diagnosis for pulmonary hypertension patients; and (E) recommendations to systematically advance the full spectrum of biomedical research, including specific recommendations for basic, translational, clinical, and pediatric research, and research training and career development; and (6) submit to the Congress the strategic plan under paragraph (5) and any updates to such plan. (c) Membership (1) In general The Committee shall be composed of— (A) the Administrator of the Health Resources and Services Administration; (B) the Director of the Centers for Disease Control and Prevention and the directors of such centers at the Centers for Disease Control and Prevention as the Secretary determines appropriate; (C) the Director of the National Institutes of Health and the directors of such institutes, centers, and offices at the National Institutes of Health as the Secretary determines appropriate; (D) the Director of the Agency for Healthcare Research and Quality; (E) the Commissioner of Food and Drugs and the directors of such centers and offices at the Food and Drug Administration as the Secretary determines appropriate; (F) the heads of other relevant agencies as the Secretary deems appropriate; and (G) the additional members appointed under paragraph (2). (2) Additional members Not fewer than 6 members of the Committee or 1/3 of the total membership of the Committee, whichever is greater, shall be composed of non-Federal public members to be appointed by the Secretary, of which— (A) at least one such member shall be an individual with a diagnosis of pulmonary hypertension; (B) at least one such member shall be the primary caregiver for an individual with a diagnosis of pulmonary hypertension; and (C) at least one such member shall be a representative of a leading research, advocacy, and support organization primarily serving individuals with a diagnosis of pulmonary hypertension. (d) Administrative support; terms of service; other provisions The following provisions shall apply with respect to the Committee: (1) The Committee shall receive necessary and appropriate administrative support from the Secretary. (2) Members of the Committee appointed under subsection (c)(2) shall serve for a term of 4 years, and may be appointed for one or more additional 4-year terms. Any member appointed to fill a vacancy for an unexpired term shall be appointed for the remainder of such term. A member may serve after the expiration of the member’s term until a successor has taken office. (3) The Committee shall meet at the call of the chairperson or upon the request of the Secretary. The Committee shall meet not fewer than two times each year. (4) All meetings of the Committee shall be public and shall include appropriate time periods for questions and presentations by the public. (e) Subcommittees; establishment and membership In carrying out its functions, the Committee may establish subcommittees and convene workshops and conferences. Such subcommittees shall be composed of Committee members and may hold such meetings as are necessary to enable the subcommittees to carry out their duties. (f) Sunset This section shall not apply after September 30, 2019, and the Committee shall be terminated on such date. 4. Report to Congress (a) In general On a biennial basis after the date of enactment of this Act, the Secretary, in coordination with the Committee, shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce Committee of the House of Representatives a progress report on activities related to improving health outcomes for pulmonary hypertension patients. (b) Contents The report submitted under subsection (a) shall contain— (1) information on the incidence of pulmonary hypertension and trend data of such incidence since the date of enactment of the Pulmonary Hypertension Research and Diagnosis Act of 2013; (2) information on the average time between initial screening and accurate diagnosis as well as the average stage of pulmonary hypertension when appropriate intervention begins and up-to-date, related trend data; (3) information on the effectiveness and outcomes of interventions for individuals diagnosed with pulmonary hypertension, including— (A) mortality rate, as well as the frequency of drastic treatment options like lung and heart-lung transplants; and (B) up-to-date, related trend data; (4) information on breakthroughs in basic science as well as translational and clinical research activities; (5) information on activity to facilitate the development of innovative treatment options and diagnostic tools; and (6) information on services and supports provided to individuals with a diagnosis of pulmonary hypertension. | https://www.govinfo.gov/content/pkg/BILLS-113hr2073ih/xml/BILLS-113hr2073ih.xml |
113-hr-2074 | I 113th CONGRESS 1st Session H. R. 2074 IN THE HOUSE OF REPRESENTATIVES May 21, 2013 Mrs. Davis of California (for herself, Mr. DeFazio , Mr. Moran , and Mr. Campbell ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To direct the Secretary of Agriculture, acting through the Animal and Plant Health Inspection Service, to submit to Congress, and make available to the public on the Internet, a report on the animals killed under the Wildlife Services program of the Animal and Plant Health Inspection Service.
1. Short title This Act may be cited as the Transparency for Lethal Control Act . 2. Report on animals killed under Wildlife Services program of the Animal and Plant Health Inspection Service Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Agriculture, acting through the Animal and Plant Health Inspection Service, shall submit to Congress, and make available to the public on the Internet, a report on the animals killed under the wildlife services program under section 1 of the Act of March 2, 1931 ( 7 U.S.C. 426 ; 46 Stat. 1468) or by a State or local entity acting in cooperation with or on behalf of the wildlife services program during the preceding calendar year, including— (1) the number of such animals killed, listed by State, county (or other similar political subdivision of a State), and municipality; (2) the species name for such animals; (3) the method used to kill such animals; and (4) the reasons that the Secretary determined that— (A) the species of such animals were injurious; and (B) killing such animals was necessary. | https://www.govinfo.gov/content/pkg/BILLS-113hr2074ih/xml/BILLS-113hr2074ih.xml |
113-hr-2075 | I 113th CONGRESS 1st Session H. R. 2075 IN THE HOUSE OF REPRESENTATIVES May 21, 2013 Mr. Engel introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Science, Space, and Technology 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 enhance the energy security of the United States, reduce dependence on imported oil, improve the energy efficiency of the transportation sector, and reduce emissions through the expansion of grid supported transportation.
1. Short title This Act may be cited as the Electric Transportation Advancement Act of 2013 . 2. Purposes The purposes of this Act are to enhance the energy security of the United States, reduce dependence on imported oil, improve the energy efficiency of the transportation sector, and reduce emissions through the expansion of grid supported transportation, through programs to— (1) develop, with industry, research institutions, National Laboratories, and institutions of higher education, projects to foster— (A) the commercialization of plug-in electric drive vehicle technology for various sizes and applications of vehicles; and (B) growth in employment in the United States in electric drive design and manufacturing of components and vehicles; and (2) optimize the availability of the existing electric infrastructure for use in fueling light duty transportation and other on-road and nonroad vehicles to minimize the use of vehicles and equipment that use petroleum. 3. Near-term electric transportation (a) In general Paragraph (1) of subsection (c) of section 131 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17011(c)(1) ) is amended— (1) by striking this Act and inserting the Electric Transportation Advancement Act of 2013 ; (2) by striking establish a program to provide grants and inserting establish or maintain a competitive grant and revolving loan program to provide grants and make loans ; and (3) by adding the following new subparagraphs at the end thereof: (A) Grant and loan selection The Secretary shall select grant and loan recipients based on the overall cost-effectiveness of a proposed qualified electric transportation project in reducing emissions of criteria pollutants, emissions of greenhouse gases, and petroleum usage. (B) Revolving loans (i) Criteria The Secretary shall establish criteria for the provision of loans under this subsection. (ii) Funding Of amounts made available to carry out this subsection, the Secretary shall use amounts not used to provide grants to make loans under this subsection. . (b) Priority Paragraph (2) of subsection (c) of section 131 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17011(c)(2) ) is amended by striking grants under and inserting grants and loans under . 4. Electric transportation inventory Section 131 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17011 ) is amended by adding at the end the following new subsection: (e) Market assessment program The Secretary, in consultation with the Administrator and private industry, shall carry out a program— (1) to inventory and analyze existing electric transportation technologies and hybrid transportation technologies and markets; and (2) to identify and implement methods of promoting existing and emerging applications of electric transportation technologies and hybrid transportation technologies. . 5. Electricity usage program and certification Section 131 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17011 ), as amended by section 4 of this Act, is further amended by adding at the end the following new subsections: (f) Electricity usage program The Secretary, in consultation with the Administrator and private industry, shall carry out a program— (1) to work with utilities to develop low-cost, simple methods of— (A) using off-peak electricity; or (B) managing on-peak electricity use; (2) to develop systems and processes— (A) to enable plug-in electric drive vehicles to enhance the availability of emergency back-up power for consumers; and (B) to work with utilities and other interested stakeholders to study and demonstrate the implications of the introduction of plug-in electric drive vehicles and other types of electric transportation technology on the production of electricity from renewable resources; and (3) to study and demonstrate the potential value to the electric grid to use the energy stored in on-board storage systems of plug-in electric drive vehicles to improve the efficiency and reliability of the grid generation system. (g) Plug-In hybrid electric vehicle and electric transportation technology certification (1) In general For the purpose of enabling the introduction of plug-in hybrid electric drive vehicles and electric transportation technology into commercial use, the Administrator shall develop, in consultation with industry, the Secretary, and the National Laboratories, a program to certify— (A) the emissions of criteria pollutants, fuel economy, and petroleum usage of plug-in hybrid electric drive vehicles; and (B) the emissions reductions, fuel economy improvements, and petroleum usage reductions from other forms of electric transportation technology. (2) Certification The certifications made pursuant to paragraph (1) shall include consideration of— (A) the entire vehicle propulsion system, not just the engine; (B) nightly off-board charging, as applicable; and (C) different engine turn-on control strategies. (3) Task force Not later than 6 months after the date of enactment of this subsection, the Administrator shall establish a task force representing auto manufacturers, truck manufacturers, National Laboratories, public agencies, utilities, and other interested stakeholders to recommend certification protocols for certifying— (A) the emissions, fuel economy, and petroleum usage of a wide variety of plug-in hybrid electric drive vehicles; and (B) the emissions reductions, fuel economy improvements, and petroleum usage reductions from other forms of electric transportation technology. (4) Public comment Not later than 2 years after the date of enactment of this subsection, the Administrator shall publish the certification protocols recommended pursuant to paragraph (3) for public comment. (5) Final protocols Not later than 3 years after the date of enactment of this subsection, the Administrator shall adopt and publish final certification protocols for certifying— (A) the emissions, fuel economy, and petroleum usage of a wide variety of plug-in hybrid electric drive vehicles; and (B) the emissions reductions, fuel economy improvements, and petroleum usage reductions from other forms of electric transportation technology. (6) Evaluation and modification of electric transportation technology protocols (A) Evaluation Not later than 2 years after the adoption of the certification protocols pursuant to paragraph (5), and every 2 years thereafter, the Administrator, in consultation with the Secretary, appropriate Federal agencies, and interested stakeholders shall evaluate and modify, as necessary, such certification protocols to ensure that— (i) for plug-in hybrid electric drive vehicles, such protocols accurately measure emissions, fuel economy, and petroleum usage of such vehicles; and (ii) for other forms of electric transportation technology, such protocols accurately measure emissions reductions, fuel economy improvements, and petroleum usage reductions from such technology. (B) Modification The Administrator shall modify such certification protocols for such plug-in hybrid electric drive vehicles and electric transportation technologies to realize the full potential of the benefits of such vehicles and technologies, in terms of reduction of emissions of criteria pollutants, reduction of energy use, and reduction of petroleum use. In modifying such certification protocols, the Administrator shall consider— (i) the entire vehicle propulsion system, not just the engine; (ii) nightly off-board charging, as applicable; and (iii) different engine turn-on control strategies. (7) Plug-in hybrid electric drive vehicle For purposes of this subsection, the term plug-in hybrid electric drive vehicle means a light-duty, medium-duty, or heavy-duty on-road or nonroad vehicle that is propelled by any combination of— (A) an electric motor and on-board, rechargeable energy storage system capable of operating the vehicle in intermittent or continuous all-electric mode and that is rechargeable using an off-board source of electricity; and (B) an internal combustion engine or heat engine using any combustible fuel. . 6. City cars Section 131 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17011 ), as amended by sections 4 and 5 of this Act, is further amended by adding at the end the following new subsection: (h) City Cars Not later than 1 year after the date of enactment of this subsection, the Secretary of Transportation in consultation with the Secretary, appropriate Federal agencies, and interested stakeholders in the public, private, and non-profit sectors, shall study, and submit a report to Congress on the benefits, including the petroleum savings of, and barriers to, the widespread deployment of a potential new class of vehicles known as City Cars with performance capability that exceeds that of low speed vehicles but is less than that of passenger vehicles, and that may be battery electric, fuel cell electric, or plug-in hybrid electric drive vehicles. Such study shall examine, and such report shall recommend, appropriate safety requirements for such vehicles based on patterns of usage. Such study shall examine the benefits and issues associated with limiting City Cars to a maximum speed of 35 mph, 45 mph, 55 mph, or any other maximum speed, and such report shall make a recommendation regarding the maximum speed of such City Cars. . 7. Transition to fuel neutral EPA regulations Section 131 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17011 ), as amended by sections 4, 5, and 6 of this Act, is further amended by adding at the end the following new subsection: (i) Transition to Fuel and Technology Neutral Regulations (1) Findings The Congress finds the following: (A) In light of advances in automotive engine technologies since the passage of the Clean Air Act ( 42 U.S.C. 7401 et seq. ), it is necessary to modify the control of mobile source emissions pursuant to such Act to establish fuel and technology neutral mobile source emissions control programs. (B) Replacement of current emissions control requirements with a new fuel and technology neutral program that encourages use of the most fuel efficient and environmentally benign vehicles could include all vehicle technologies, including vehicles with spark-ignited engines, compression-ignited engines, and other engine types, dual fueled vehicles, flexible fuel vehicles, fuel cell electric vehicles, battery electric vehicles, plug-in hybrid electric vehicles, corded electric vehicle equipment, and other electric propulsion technologies. (2) Reports (A) Not later than 1 year after the date of enactment of this subsection, the Administrator shall submit a report to Congress describing all of the fuel definitions and technology definitions specific to vehicles in Federal law and regulation and recommend how such definitions may be changed to be fuel and technology neutral. (B) Not later than 18 months after the date of enactment of this subsection, the Administrator shall submit a report to Congress describing how petroleum reductions, emissions reductions, and reductions in full fuel cycle criteria pollutants may be incorporated into the fuel and technology neutral mobile source emissions control program required under paragraph (3), including any changes needed to existing law to achieve the purposes of the Electric Transportation Advancement Act of 2013. (3) Rulemaking Not later than 2 years after the submission of the report required under paragraph (2)(B), the Administrator shall adopt final rules to implement a fuel and technology neutral mobile source emissions control program. Such program shall take effect not later than 10 years after the date of enactment of this subsection. (4) Fuel and technology neutral mobile source emission control program In this subsection, the term fuel and technology neutral mobile source emissions control program means a fuel and technology neutral program described under paragraph (1)(B) that contains emissions controls for criteria pollutants from mobile sources and a credit-based compliance mechanism for manufacturers of mobile source technologies that is at least as protective of public health as the previous applicable emissions control program. . 8. Research and development diversification Subsection (m) of section 641 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17231(m) ) is amended by adding at the end the following new sentence: Of amounts made available to carry out the programs established under subsections (i), (j), and (k), not more than 30 percent shall be awarded to the National Laboratories. . | https://www.govinfo.gov/content/pkg/BILLS-113hr2075ih/xml/BILLS-113hr2075ih.xml |
113-hr-2076 | I 113th CONGRESS 1st Session H. R. 2076 IN THE HOUSE OF REPRESENTATIVES May 21, 2013 Mr. Kline (for himself, Mr. Walz , Mrs. Bachmann , Mr. Peterson , and Mr. Ellison ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To direct the Secretary of Defense to conduct a review of the Integrated Disability Evaluation System of the Armed Forces and to submit to Congress a report on such system.
1. Short title This Act may be cited as the Servicemember Medical Evaluations Review Act . 2. Review of Integrated Disability Evaluation System (a) Review The Secretary of Defense shall conduct a review of the backlog of pending cases in the Integrated Disability Evaluation System. (b) Report Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the review under subsection (a). Such report shall include the following: (1) The number of pending cases that exist as of the date of the report, listed by military department, component, and, with respect to the National Guard, State. (2) As of the date of the report, the average time it takes to process a case in the Integrated Disability Evaluation System. (3) A description of the steps the Secretary will take to resolve the backlog of cases in the Integrated Disability Evaluation System. (4) With respect to each military department, the date by which the Secretary plans to resolve such backlog. (5) The progress and estimated cost of moving the Integrated Disability Evaluation System to an integrated and readily accessible electronic format that a member of the Armed Forces may access and see the status of the member during each phase of the system. (6) An assessment by the Secretary of the feasibility of improving in-transit visibility of pending cases, including by establishing a method of tracking a pending case when a military treatment facility is assigned a packet and pending case for action of a member. (c) Pending case defined In this section, the term pending case means a case where a member of the Armed Forces who, as of the date of the review under subsection (a), is within the Integrated Disability Evaluation System and has been referred to a medical evaluation board. | https://www.govinfo.gov/content/pkg/BILLS-113hr2076ih/xml/BILLS-113hr2076ih.xml |
113-hr-2077 | I 113th CONGRESS 1st Session H. R. 2077 IN THE HOUSE OF REPRESENTATIVES May 21, 2013 Mr. Perlmutter (for himself, Mr. Welch , Ms. Bonamici , Mr. Richmond , Mr. Grijalva , Mr. Rangel , Mr. Keating , Mr. Cicilline , Ms. Tsongas , Mr. Rush , Mr. Dingell , Mr. Coffman , Mr. McGovern , Mr. Holt , Ms. Norton , Mr. Blumenauer , Mr. Johnson of Georgia , Ms. Shea-Porter , Mr. Polis , Ms. Speier , Mr. Schweikert , Mr. DeFazio , Mr. McNerney , Mr. Van Hollen , Mr. Enyart , Ms. Pingree of Maine , Mr. Clay , Mr. Cohen , Mr. Lewis , Mr. Tonko , Ms. Michelle Lujan Grisham of New Mexico , Mr. Garamendi , Mrs. Capps , Mr. Yarmuth , Mr. Braley of Iowa , Mr. Doyle , and Ms. Hahn ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To prohibit employers from compelling or coercing any person to authorize access to a protected computer, and for other purposes.
1. Short title This Act may be cited as the Password Protection Act of 2013 . 2. Prohibited activity (a) In general Section 1030(a) of title 18, United States Code, is amended— (1) in paragraph (7)(C), by inserting or after the semicolon; and (2) by inserting after paragraph (7)(C) the following: (8) acting as an employer, knowingly and intentionally— (A) for the purposes of employing, promoting, or terminating employment, compels or coerces any person to authorize access, such as by providing a password or similar information through which a computer may be accessed, to a protected computer that is not the employer's protected computer, and thereby obtains information from such protected computer; or (B) discharges, disciplines, discriminates against in any manner, or threatens to take any such action against, any person— (I) for failing to authorize access described in subparagraph (A) to a protected computer that is not the employer’s protected computer; or (ii) who has filed any complaint or instituted or caused to be instituted any proceeding under or related to this paragraph, or has testified or is about to testify in any such proceeding; . (b) Fine Section 1030(c) of title 18, United States Code, is amended— (1) in paragraph (4)(G)(ii), by striking the period at the end and inserting ; and ; and (2) by adding at the end the following: (5) a fine under this title, in the case of an offense under subsection (a)(8) or an attempt to commit an offense punishable under this paragraph. . (c) Definitions Section 1030(e) of title 18, United States Code, is amended— (1) in paragraph (11), by striking and after the semicolon; (2) in paragraph (12), by striking the period and inserting a semicolon; and (3) by adding at the end the following: (13) the term employee means an employee, as such term is defined in section 201(2) of the Genetic Nondiscrimination Act of 2008 ( 42 U.S.C. 2000ff(2) ); (14) the term employer means an employer, as such term is defined in such section 201(2); and (15) the term employer’s protected computer means a protected computer of the employer, including any protected computer owned, operated, or otherwise controlled by, for, or on behalf of that employer. . (d) Exceptions Section 1030(f) of title 18, United States Code, is amended— (1) by striking (f) This and inserting (f)(1) This ; and (2) by adding at the end the following: (2) (A) Nothing in subsection (a)(8) shall be construed to limit the authority of a court of competent jurisdiction to grant equitable relief in a civil action, if the court determines that there are specific and articulable facts showing that there are reasonable grounds to believe that the information sought to be obtained is relevant and material to protecting the intellectual property, a trade secret, or confidential business information of the party seeking the relief. (B) Notwithstanding subsection (a)(8), the prohibition in such subsection shall not apply to an employer’s actions if— (I) the employer discharges or otherwise disciplines an individual for good cause and an activity protected under subsection (a)(8) is not a motivating factor for the discharge or discipline of the individual; (ii) the employer is complying with the requirements of Federal or State law, rule or regulation, or a rule of a self-regulatory organization, as defined in section 3(a)(26) of the Securities and Exchange Act of 1934 ( 15 U.S.C. 78c(a)(26) ), applicable to brokers, dealers and investment advisers; (iii) a State enacts a law that specifically waives subsection (a)(8) with respect to a particular class of State government employees or employees who work with individuals under 13 years of age, and the employer’s action relates to an employee in such class; or (iv) an Executive agency (as defined in section 105 of title 5), a military department (as defined in section 102 of such title), or any other entity within the executive branch that comes into the possession of classified information, including the Defense Intelligence Agency, National Security Agency, and National Reconnaissance Office, specifically waives subsection (a)(8) with respect to a particular class of employees requiring eligibility for access to classified information under Executive Order 12968 (60 Fed. Reg. 40245), or any successor thereto, and the employer's action relates to an employee in such class. . | https://www.govinfo.gov/content/pkg/BILLS-113hr2077ih/xml/BILLS-113hr2077ih.xml |
113-hr-2078 | I 113th CONGRESS 1st Session H. R. 2078 IN THE HOUSE OF REPRESENTATIVES May 21, 2013 Mr. Quigley introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend title 40, United States Code, to direct the Administrator of General Services to incorporate bird-safe building materials and design features into public buildings, and for other purposes.
1. Short title This Act may be cited as the Federal Bird-Safe Buildings Act of 2013 . 2. Findings Congress finds that— (1) a multi-agency report issued in 2009, entitled The State of the Birds, United States of America , provides the most comprehensive assessment to date on the status of bird populations; (2) the multi-agency report concludes that nearly one-third of the Nation’s 800 bird species are endangered, threatened, or in significant decline; (3) death from collisions with man-made structures is one of the most serious sources of avian mortality, and it is increasing; (4) not only are birds beautiful and interesting creatures that are eagerly welcomed by millions of Americans into their backyards every year, but birds also have an impact on the United States economy; (5) the United States Fish and Wildlife Service has reported that birdwatchers contribute $36 billion annually to the United States economy, and birds naturally provide billions of dollars worth of pest control, benefitting farmers and consumers alike; (6) the U.S. Green Building Council has added bird-friendly language to the Leadership in Energy and Environmental Design (LEED) Reference Guide, which will have the impact of recognizing bird-friendly design in awarding LEED credits; (7) bird-safe design features can be incorporated into new construction and major renovation projects at no extra cost, and existing buildings may be made bird-safe through the use of simple, low cost adaptations; (8) the General Services Administration is obligated, under Executive Order 13186, to support the conservation intent of the migratory bird conventions by integrating bird conservation principles, measures, and practices into agency activities and by avoiding or minimizing, to the extent practicable, adverse impacts on migratory bird resources when conducting agency actions ; and (9) the General Services Administration has already constructed many award-winning, bird-friendly buildings, including the San Francisco Federal Building, the Suitland Census Complex, the United States courthouse in Eugene, Oregon, the Beltsville ATF Laboratory Center, and the United States courthouse in Buffalo, New York. 3. Use of bird-safe building materials and design features (a) In general Chapter 33 of title 40, United States Code, is amended— (1) by redesignating sections 3314, 3315, and 3316 as sections 3315, 3316, and 3317, respectively; and (2) by inserting after section 3313 the following: 3314. Use of bird-safe building materials and design features (a) Construction, alteration, and acquisition of public buildings Each public building constructed, altered, or acquired by the Administrator of General Services shall incorporate, to the maximum extent feasible as determined by the Administrator, bird-safe building materials and design features. (b) Existing buildings and lighting The Administrator, where practicable, shall— (1) incorporate bird-safe building materials and design features into existing public buildings; and (2) address interior and exterior lighting’s impacts on native bird species. (c) Bird-Safe building materials defined In this section, the term bird-safe building materials and design features includes the materials and features recommended by— (1) the city of Chicago’s Bird-Safe Building Design Guide for New Construction and Renovation ; (2) the city of Toronto’s Bird-Friendly Development Guidelines ; and (3) the American Bird Conservancy and New York City Audubon’s Bird-Safe Building Guidelines . . (b) Clerical amendment The analysis for such chapter is amended by striking the items relating to sections 3314, 3315, and 3316 and inserting the following: 3314. Use of bird-safe building materials and design features. 3315. Delegation. 3316. Report to Congress. 3317. Certain authority not affected. . | https://www.govinfo.gov/content/pkg/BILLS-113hr2078ih/xml/BILLS-113hr2078ih.xml |
113-hr-2079 | I 113th CONGRESS 1st Session H. R. 2079 IN THE HOUSE OF REPRESENTATIVES May 21, 2013 Mr. Radel (for himself and Mr. Salmon ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To provide for a three-year extension of the authority of the Secretary of Veterans Affairs to provide for the conduct of medical disability examinations by contract physicians.
1. Short title This Act may be cited as the Expediting Veteran’s Benefits Act . 2. Three-year extension of authority of the Secretary of Veterans Affairs to provide for the conduct of medical disability examinations by contract physicians Section 704(c) of the Veterans Benefits Act of 2003 ( Public Law 108–183 ; 38 U.S.C. 5101 note) is amended by striking December 31, 2013 and inserting December 31, 2016 . | https://www.govinfo.gov/content/pkg/BILLS-113hr2079ih/xml/BILLS-113hr2079ih.xml |
113-hr-2080 | I 113th CONGRESS 1st Session H. R. 2080 IN THE HOUSE OF REPRESENTATIVES May 21, 2013 Mr. Sensenbrenner introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide for the admission to the United States of certain Tibetans.
1. Short title This Act may be cited as the Tibetan Refugee Assistance Act of 2013 . 2. Transition for displaced Tibetans (a) In general Notwithstanding the numerical limitations specified in sections 201 and 202 of the Immigration and Nationality Act (8 U.S.C. 1151 and 1152), there shall be made available to qualified displaced Tibetans described in subsection (b) of this section 3,000 immigrant visas in the 3-fiscal-year period beginning with fiscal year 2014. (b) Qualified displaced Tibetan described (1) In general An individual is a qualified displaced Tibetan if such individual is an individual who— (A) is a native of Tibet; and (B) since before the date of the enactment of this Act, has been continuously residing in India or Nepal. (2) Native of Tibet described For purposes of subparagraph (A) of paragraph (1), an individual shall be considered to be a native of Tibet if such individual was born in Tibet or is the son, daughter, grandson, or granddaughter of an individual born in Tibet. (c) Distribution of visa numbers The Secretary of State shall ensure that immigrant visas provided under subsection (a) are made available to qualified displaced Tibetans described in subsection (b) (or described in subsection (d) as the spouse or child of such a qualified displaced Tibetan) in an equitable manner, giving preference to those qualified displaced Tibetans who are not resettled in India or Nepal or who are most likely to be resettled successfully in the United States. (d) Derivative status for spouses and children A spouse or child (as defined in subparagraphs (A), (B), (C), (D), or (E) of section 101(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) )) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under this section, be entitled to the same status, and the same order of consideration, provided under this section, if accompanying, or following to join, the spouse or parent of such spouse or child. | https://www.govinfo.gov/content/pkg/BILLS-113hr2080ih/xml/BILLS-113hr2080ih.xml |
113-hr-2081 | I 113th CONGRESS 1st Session H. R. 2081 IN THE HOUSE OF REPRESENTATIVES May 21, 2013 Mr. Thornberry introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committees on Ways and Means and Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To secure unrestricted reliable energy for American consumption and transmission.
1. Short title; table of contents (a) Short title This Act may be cited as the No More Excuses Energy Act of 2013 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Title I—Refineries Sec. 101. Tax-exempt financing of domestic use oil refinery facilities. Sec. 102. Designation and availability of Federal lands for oil and natural gas refineries. Title II—Alternative Energy Sec. 201. Phaseout of credit for electricity produced from certain renewable resources. Sec. 202. Equalization of excise tax on liquefied natural gas and per energy equivalent of diesel. Sec. 203. Extension of alternative fuel credit. Title III—Nuclear Energy Sec. 301. Waste confidence. Sec. 302. ASME Nuclear Certification credit. Title IV—Drilling Subtitle A—Tax provisions Sec. 401. Credit for producing fuel from nonconventional sources to apply to gas produced onshore from formations more than 15,000 feet deep. Sec. 402. Repeal of minimum capture requirement for carbon dioxide sequestration credit. Subtitle B—Oil and gas development on the Coastal Plain of Alaska Sec. 411. Short title. Sec. 412. Definitions. Sec. 413. Leasing program for lands within the Coastal Plain. Sec. 414. Lease sales. Sec. 415. Grant of leases by the Secretary. Sec. 416. Lease terms and conditions. Sec. 417. Coastal plain environmental protection. Sec. 418. Expedited judicial review. Sec. 419. Federal and State distribution of revenues. Sec. 420. Rights-of-way across the Coastal Plain. Sec. 421. Conveyance. Sec. 422. Local government impact aid and community service assistance. Subtitle C—Offshore Oil and Gas Development Sec. 431. Repeal of moratorium on oil and gas leasing in the Gulf of Mexico. Sec. 432. Inclusion of areas in 2012–2017 outer Continental Shelf oil and gas leasing program. Title V—Greenhouse gas regulation Sec. 501. No regulation of emissions of greenhouse gases under Clean Air Act. I Refineries 101. Tax-exempt financing of domestic use oil refinery facilities (a) In general (1) Treatment as exempt facility bond Subsection (a) of section 142 of the Internal Revenue Code of 1986 (relating to exempt facility bond) is amended by striking or at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting , or , and by inserting at the end the following new paragraph: (16) domestic use oil refinery facilities. . (2) Domestic use oil refinery facilities Section 142 of such Code is amended by adding at the end the following new subsection: (n) Domestic use oil refinery facilities (1) In general For purposes of subsection (a)(16), the term domestic use oil refinery facility means any facility in the United States— (A) which processes liquid fuel from crude oil, and (B) all of the output of which it is reasonably certain ultimate consumption will occur in the United States. (2) Election to terminate tax-exempt bond financing by certain refineries In the case of a facility financed with bonds which would cease to be tax-exempt by reason of the failure to meet the domestic use requirement of this subsection, rules similar to the rules of subsection (f)(4) shall apply for purposes of this section. . (b) Effective date The amendments made by this section shall apply to bonds issued after the date of the enactment of this Act. 102. Designation and availability of Federal lands for oil and natural gas refineries (a) Designation Within 18 months after the date of enactment of this Act, the President shall designate at least 10 sites on Federal lands that are suitable for the siting of an oil refinery or natural gas refinery (or both). (b) Availability of lands Within 24 months after the date of enactment of this Act, the President shall make each site designated under subsection (a) available to the private sector for construction of an oil refinery or natural gas refinery (or both), as appropriate. II Alternative Energy 201. Phaseout of credit for electricity produced from certain renewable resources (a) 5-Year extension Paragraph (1) of section 45(d) of the Internal Revenue Code of 1986 is amended by striking January 1, 2014 in paragraph (1) and inserting January 1, 2019 . (b) Phaseout of credit Subsection (e) of section 45 of such Code is amended by adding at the end the following new paragraph: (12) Phaseout of credit for wind energy (A) In general In the case of facilities to which subsection (d)(1) applies and the construction of which begins after December 31, 2013, the number of cents taken into account under subsection (a) for taxable years ending after such date shall be only the applicable percentage of such number (determined without regard to this paragraph) for such year. If any amount determined under the preceding sentence is not a multiple of 0.01 cent, such amount shall be rounded to the nearest multiple of 0.01 cent. (B) Applicable percentage For purposes of subparagraph (A)— In the case of facilities the construction of which begins in: The applicable percentage is: 2014 90 2015 80 2016 70 2017 or 2018 60 . (c) Effective date The amendments made by this section shall apply to property originally placed in service on or after January 1, 2013. 202. Equalization of excise tax on liquefied natural gas and per energy equivalent of diesel (a) In general Subparagraph (B) of section 4041(a)(2) of the Internal Revenue Code of 1986 is amended by striking the period at the end of clause (ii) and inserting , and , and by inserting after clause (ii) the following new clause: (iii) in the case of liquefied natural gas, 24.3 cents per energy equivalent of a gallon of diesel. . (b) Energy equivalent of a gallon of diesel and administrative provision Paragraph (2) of section 4041(a) of such Code is amended by adding at the end the following: (C) Energy equivalent of a gallon of diesel For purposes of this paragraph, the term energy equivalent of a gallon of diesel means, with respect to a liquefied natural gas fuel, the amount of such fuel having a Btu content of 128,700 (lower heating value). (D) Administrative provisions For purposes of applying this title with respect to the taxes imposed by this subsection, references to any liquid subject to tax under this subsection shall be treated as including references to liquefied natural gas subject to tax under this paragraph. . (c) Conforming amendments Section 4041(a)(2)(B)(ii) of such Code is amended— (1) by striking liquefied natural gas, , and (2) by striking peat), and and inserting peat) and . (d) Effective date The amendments made by this section shall apply to any sale or use of liquefied natural gas after 14 days after the date of the enactment of this Act. 203. Extension of alternative fuel credit (a) In general Paragraph (5) of section 6426(d) of the Internal Revenue Code of 1986 (relating to alternative fuel credit) is amended by striking December 31, 2013 and all that follows and inserting December 31, 2014. . (b) Effective date The amendments made by this section shall apply to fuel sold or used after December 31, 2013. III Nuclear Energy 301. Waste confidence The Nuclear Regulatory Commission may not deny an application for a license, permit, or other authorization under the Atomic Energy Act of 1954 on the grounds that sufficient capacity does not exist, or will not become available on a timely basis, for disposal of spent nuclear fuel or high-level radioactive waste from the facility for which the license, permit, or other authorization is sought. 302. ASME Nuclear Certification credit (a) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: 45S. ASME Nuclear Certification credit (a) In general For purposes of section 38, the ASME Nuclear Certification credit determined under this section for any taxable year is an amount equal to 15 percent of the qualified nuclear expenditures paid or incurred by the taxpayer. (b) Qualified nuclear expenditures For purposes of this section, the term qualified nuclear expenditures means any expenditure related to— (1) obtaining a certification under the American Society of Mechanical Engineers Nuclear Component Certification program, or (2) increasing the taxpayer’s capacity to construct, fabricate, assemble, or install components— (A) for any facility which uses nuclear energy to produce electricity, and (B) with respect to the construction, fabrication, assembly, or installation of which the taxpayer is certified under such program. (c) Timing of credit The credit allowed under subsection (a) for any expenditures shall be allowed— (1) in the case of a qualified nuclear expenditure described in subsection (b)(1), for the taxable year of such certification, and (2) in the case of any other qualified nuclear expenditure, for the taxable year in which such expenditure is paid or incurred. (d) Special rules (1) Basis adjustment For purposes of this subtitle, if a credit is allowed under this section for an expenditure, the increase in basis which would result (but for this subsection) for such expenditure shall be reduced by the amount of the credit allowed under this section. (2) Denial of double benefit No deduction shall be allowed under this chapter for any amount taken into account in determining the credit under this section. (e) Termination This section shall not apply to any expenditures paid or incurred in taxable years beginning after December 31, 2019. . (b) Conforming amendments (1) Subsection (b) of section 38 of such Code is amended by striking plus at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting , plus , and by adding at the end the following new paragraph: (37) the ASME Nuclear Certification credit determined under section 45S(a). . (2) Subsection (a) of section 1016 (relating to adjustments to basis) 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 paragraph: (38) to the extent provided in section 45S(d)(1). . (c) Effective date The amendments made by this section shall apply to expenditures paid or incurred in taxable years beginning after December 31, 2012. IV Drilling A Tax provisions 401. Credit for producing fuel from nonconventional sources to apply to gas produced onshore from formations more than 15,000 feet deep (a) In general Subparagraph (B) of section 45K(c)(1) of the Internal Revenue Code of 1986 is amended by striking or at the end of clause (i), by striking and at the end of clause (ii) and inserting or , and by inserting after clause (ii) the following new clause: (iii) an onshore well from a formation more than 15,000 feet deep, and . (b) Eligible deep gas wells Section 45K of such Code is amended by adding at the end the following new subsection: (h) Eligible deep gas wells In the case of a well producing qualified fuel described in subsection (c)(1)(B)(iii)— (1) for purposes of subsection (e)(1)(A), such well shall be treated as drilled before January 1, 1993, if such well is drilled after the date of the enactment of this subsection, and (2) subsection (e)(2) shall not apply. . (c) Effective date The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. 402. Repeal of minimum capture requirement for carbon dioxide sequestration credit (a) In general Subsection (c) of section 45Q of the Internal Revenue Code of 1986 is amended by inserting and at the end of paragraph (1), by striking , and at the end of paragraph (2) and inserting a period, and by striking paragraph (3). (b) Effective date The amendments made by this section shall apply to carbon dioxide captured after the date of the enactment of this Act. B Oil and gas development on the Coastal Plain of Alaska 411. Short title This subtitle may be cited as the American-Made Energy and Good Jobs Act . 412. Definitions In this subtitle: (1) Coastal Plain The term Coastal Plain means that area described in appendix I to part 37 of title 50, Code of Federal Regulations. (2) Secretary The term Secretary , except as otherwise provided, means the Secretary of the Interior or the Secretary’s designee. 413. Leasing program for lands within the Coastal Plain (a) In general The Secretary shall take such actions as are necessary— (1) to establish and implement, in accordance with this subtitle and acting through the Director of the Bureau of Land Management in consultation with the Director of the United States Fish and Wildlife Service, a competitive oil and gas leasing program that will result in an environmentally sound program for the exploration, development, and production of the oil and gas resources of the Coastal Plain; and (2) to administer the provisions of this subtitle through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that ensure the oil and gas exploration, development, and production activities on the Coastal Plain will result in no significant adverse effect on fish and wildlife, their habitat, subsistence resources, and the environment, including, in furtherance of this goal, by requiring the application of the best commercially available technology for oil and gas exploration, development, and production to all exploration, development, and production operations under this subtitle in a manner that ensures the receipt of fair market value by the public for the mineral resources to be leased. (b) Repeal (1) Repeal Section 1003 of the Alaska National Interest Lands Conservation Act of 1980 (16 U.S.C. 3143) is repealed. (2) Conforming amendment The table of contents in section 1 of such Act is amended by striking the item relating to section 1003. (c) Compliance with requirements under certain other laws (1) Compatibility For purposes of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.), the oil and gas leasing program and activities authorized by this section in the Coastal Plain are deemed to be compatible with the purposes for which the Arctic National Wildlife Refuge was established, and no further findings or decisions are required to implement this determination. (2) Adequacy of the Department of the Interior’s legislative environmental impact statement The Final Legislative Environmental Impact Statement (April 1987) on the Coastal Plain prepared pursuant to section 1002 of the Alaska National Interest Lands Conservation Act of 1980 (16 U.S.C. 3142) and section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ) is deemed to satisfy the requirements under the National Environmental Policy Act of 1969 that apply with respect to prelease activities, including actions authorized to be taken by the Secretary to develop and promulgate the regulations for the establishment of a leasing program authorized by this subtitle before the conduct of the first lease sale. (3) Compliance with NEPA for other actions Before conducting the first lease sale under this subtitle, the Secretary shall prepare an environmental impact statement under the National Environmental Policy Act of 1969 with respect to the actions authorized by this subtitle that are not referred to in paragraph (2). Notwithstanding any other law, the Secretary is not required to identify nonleasing alternative courses of action or to analyze the environmental effects of such courses of action. The Secretary shall only identify a preferred action for such leasing and a single leasing alternative, and analyze the environmental effects and potential mitigation measures for those two alternatives. The identification of the preferred action and related analysis for the first lease sale under this subtitle shall be completed within 18 months after the date of enactment of this Act. The Secretary shall only consider public comments that specifically address the Secretary’s preferred action and that are filed within 20 days after publication of an environmental analysis. Notwithstanding any other law, compliance with this paragraph is deemed to satisfy all requirements for the analysis and consideration of the environmental effects of proposed leasing under this subtitle. (d) Relationship to State and local authority Nothing in this subtitle shall be considered to expand or limit State and local regulatory authority. (e) Special areas (1) In general The Secretary, after consultation with the State of Alaska, the city of Kaktovik, and the North Slope Borough, may designate up to a total of 45,000 acres of the Coastal Plain as a Special Area if the Secretary determines that the Special Area is of such unique character and interest so as to require special management and regulatory protection. The Secretary shall designate as such a Special Area the Sadlerochit Spring area, comprising approximately 4,000 acres. (2) Management Each such Special Area shall be managed so as to protect and preserve the area’s unique and diverse character including its fish, wildlife, and subsistence resource values. (3) Exclusion from leasing or surface occupancy The Secretary may exclude any Special Area from leasing. If the Secretary leases a Special Area, or any part thereof, for purposes of oil and gas exploration, development, production, and related activities, there shall be no surface occupancy of the lands comprising the Special Area. (4) Directional drilling Notwithstanding the other provisions of this subsection, the Secretary may lease all or a portion of a Special Area under terms that permit the use of horizontal drilling technology from sites on leases located outside the Special Area. (f) Limitation on closed areas The Secretary’s sole authority to close lands within the Coastal Plain to oil and gas leasing and to exploration, development, and production is that set forth in this subtitle. (g) Regulations (1) In general The Secretary shall prescribe such regulations as may be necessary to carry out this subtitle, including rules and regulations relating to protection of the fish and wildlife, their habitat, subsistence resources, and environment of the Coastal Plain, by no later than 15 months after the date of enactment of this Act. (2) Revision of regulations The Secretary shall periodically review and, if appropriate, revise the rules and regulations issued under subsection (a) to reflect any significant biological, environmental, or engineering data that come to the Secretary’s attention. 414. Lease sales (a) In general Lands may be leased pursuant to this subtitle to any person qualified to obtain a lease for deposits of oil and gas under the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ). (b) Procedures The Secretary shall, by regulation, establish procedures for— (1) receipt and consideration of sealed nominations for any area in the Coastal Plain for inclusion in, or exclusion (as provided in subsection (c)) from, a lease sale; (2) the holding of lease sales after such nomination process; and (3) public notice of and comment on designation of areas to be included in, or excluded from, a lease sale. (c) Lease sale bids Bidding for leases under this subtitle shall be by sealed competitive cash bonus bids. (d) Acreage minimum in first sale In the first lease sale under this subtitle, the Secretary shall offer for lease those tracts the Secretary considers to have the greatest potential for the discovery of hydrocarbons, taking into consideration nominations received pursuant to subsection (b)(1), but in no case less than 200,000 acres. (e) Timing of lease sales The Secretary shall— (1) conduct the first lease sale under this subtitle within 22 months after the date of the enactment of this Act; and (2) conduct additional sales so long as sufficient interest in development exists to warrant, in the Secretary’s judgment, the conduct of such sales. 415. Grant of leases by the Secretary (a) In general The Secretary may grant to the highest responsible qualified bidder in a lease sale conducted pursuant to section 414 any lands to be leased on the Coastal Plain upon payment by the lessee of such bonus as may be accepted by the Secretary. (b) Subsequent transfers No lease issued under this subtitle may be sold, exchanged, assigned, sublet, or otherwise transferred except with the approval of the Secretary. Prior to any such approval the Secretary shall consult with, and give due consideration to the views of, the Attorney General. 416. Lease terms and conditions An oil or gas lease issued pursuant to this subtitle shall— (1) provide for the payment of a royalty of not less than 12½ percent in amount or value of the production removed or sold from the lease, as determined by the Secretary under the regulations applicable to other Federal oil and gas leases; (2) require that the lessee of lands within the Coastal Plain shall be fully responsible and liable for the reclamation of lands within the Coastal Plain and any other Federal lands that are adversely affected in connection with exploration, development, production, or transportation activities conducted under the lease and within the Coastal Plain by the lessee or by any of the subcontractors or agents of the lessee; (3) provide that the lessee may not delegate or convey, by contract or otherwise, the reclamation responsibility and liability to another person without the express written approval of the Secretary; (4) provide that the standard of reclamation for lands required to be reclaimed under this subtitle shall be, as nearly as practicable, a condition capable of supporting the uses which the lands were capable of supporting prior to any exploration, development, or production activities, or upon application by the lessee, to a higher or better use as approved by the Secretary; (5) include requirements and restrictions to provide for reasonable protection of fish and wildlife, their habitat, subsistence resources, and the environment as determined by the Secretary; (6) prohibit the export of oil produced under the lease; and (7) contain such other provisions as the Secretary determines necessary to ensure compliance with the provisions of this subtitle and the regulations issued under this subtitle. 417. Coastal plain environmental protection (a) No significant adverse effect standard To govern authorized Coastal Plain activities The Secretary shall, consistent with the requirements of section 413, administer the provisions of this subtitle through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that— (1) ensure the oil and gas exploration, development, and production activities on the Coastal Plain will result in no significant adverse effect on fish and wildlife, their habitat, and the environment; (2) require the application of the best commercially available technology for oil and gas exploration, development, and production on all new exploration, development, and production operations; and (3) ensure that the maximum amount of surface acreage covered by production and support facilities, including airstrips and any areas covered by gravel berms or piers for support of pipelines, does not exceed 2,000 acres on the Coastal Plain. (b) Site-Specific assessment and mitigation The Secretary shall also require, with respect to any proposed drilling and related activities, that— (1) a site-specific analysis be made of the probable effects, if any, that the drilling or related activities will have on fish and wildlife, their habitat, subsistence resources, and the environment; (2) a plan be implemented to avoid, minimize, and mitigate (in that order and to the extent practicable) any significant adverse effect identified under paragraph (1); and (3) the development of the plan shall occur after consultation with the agency or agencies having jurisdiction over matters mitigated by the plan. (c) Regulations To protect coastal plain fish and wildlife resources, subsistence users, and the environment Before implementing the leasing program authorized by this subtitle, the Secretary shall prepare and promulgate regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other measures designed to ensure that the activities undertaken on the Coastal Plain under this subtitle are conducted in a manner consistent with the purposes and environmental requirements of this subtitle. (d) Compliance with Federal and State environmental laws and other requirements The proposed regulations, lease terms, conditions, restrictions, prohibitions, and stipulations for the leasing program under this subtitle shall require compliance with all applicable provisions of Federal and State environmental law, and shall also require the following: (1) Standards at least as effective as the safety and environmental mitigation measures set forth in items 1 through 29 at pages 167 through 169 of the Final Legislative Environmental Impact Statement (April 1987) on the Coastal Plain. (2) Seasonal limitations on exploration, development, and related activities, where necessary, to avoid significant adverse effects during periods of concentrated fish and wildlife breeding, denning, nesting, spawning, and migration. (3) Design safety and construction standards for all pipelines and any access and service roads, that— (A) minimize, to the maximum extent possible, adverse effects upon the passage of migratory species such as caribou; and (B) minimize adverse effects upon the flow of surface water by requiring the use of culverts, bridges, and other structural devices. (4) Prohibitions on general public access and use on all pipeline access and service roads. (5) Stringent reclamation and rehabilitation requirements, consistent with the standards set forth in this subtitle, requiring the removal from the Coastal Plain of all oil and gas development and production facilities, structures, and equipment upon completion of oil and gas production operations, except that the Secretary may exempt from the requirements of this paragraph those facilities, structures, or equipment that the Secretary determines would assist in the management of the Arctic National Wildlife Refuge and that are donated to the United States for that purpose. (6) Appropriate prohibitions or restrictions on access by all modes of transportation. (7) Appropriate prohibitions or restrictions on sand and gravel extraction. (8) Consolidation of facility siting. (9) Appropriate prohibitions or restrictions on use of explosives. (10) Avoidance, to the extent practicable, of springs, streams, and river system; the protection of natural surface drainage patterns, wetlands, and riparian habitats; and the regulation of methods or techniques for developing or transporting adequate supplies of water for exploratory drilling. (11) Avoidance or minimization of air traffic-related disturbance to fish and wildlife. (12) Treatment and disposal of hazardous and toxic wastes, solid wastes, reserve pit fluids, drilling muds and cuttings, and domestic wastewater, including an annual waste management report, a hazardous materials tracking system, and a prohibition on chlorinated solvents, in accordance with applicable Federal and State environmental law. (13) Fuel storage and oil spill contingency planning. (14) Research, monitoring, and reporting requirements. (15) Field crew environmental briefings. (16) Avoidance of significant adverse effects upon subsistence hunting, fishing, and trapping by subsistence users. (17) Compliance with applicable air and water quality standards. (18) Appropriate seasonal and safety zone designations around well sites, within which subsistence hunting and trapping shall be limited. (19) Reasonable stipulations for protection of cultural and archeological resources. (20) All other protective environmental stipulations, restrictions, terms, and conditions deemed necessary by the Secretary. (e) Considerations In preparing and promulgating regulations, lease terms, conditions, restrictions, prohibitions, and stipulations under this section, the Secretary shall consider the following: (1) The stipulations and conditions that govern the National Petroleum Reserve-Alaska leasing program, as set forth in the 1999 Northeast National Petroleum Reserve-Alaska Final Integrated Activity Plan/Environmental Impact Statement. (2) The environmental protection standards that governed the initial Coastal Plain seismic exploration program under parts 37.31 to 37.33 of title 50, Code of Federal Regulations. (3) The land use stipulations for exploratory drilling on the KIC–ASRC private lands that are set forth in appendix 2 of the August 9, 1983, agreement between Arctic Slope Regional Corporation and the United States. (f) Facility consolidation planning (1) In general The Secretary shall, after providing for public notice and comment, prepare and update periodically a plan to govern, guide, and direct the siting and construction of facilities for the exploration, development, production, and transportation of Coastal Plain oil and gas resources. (2) Objectives The plan shall have the following objectives: (A) Avoiding unnecessary duplication of facilities and activities. (B) Encouraging consolidation of common facilities and activities. (C) Locating or confining facilities and activities to areas that will minimize impact on fish and wildlife, their habitat, and the environment. (D) Utilizing existing facilities wherever practicable. (E) Enhancing compatibility between wildlife values and development activities. (g) Access to public lands The Secretary shall— (1) manage public lands in the Coastal Plain subject to subsections (a) and (b) of section 811 of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3121 ); and (2) ensure that local residents shall have reasonable access to public lands in the Coastal Plain for traditional uses. 418. Expedited judicial review (a) Filing of complaint (1) Deadline Subject to paragraph (2), any complaint seeking judicial review of any provision of this subtitle or any action of the Secretary under this subtitle shall be filed— (A) except as provided in subparagraph (B), within the 90-day period beginning on the date of the action being challenged; or (B) in the case of a complaint based solely on grounds arising after such period, within 90 days after the complainant knew or reasonably should have known of the grounds for the complaint. (2) Venue Any complaint seeking judicial review of any provision of this subtitle or any action of the Secretary under this subtitle may be filed only in the United States Court of Appeals for the District of Columbia. (3) Limitation on scope of certain review Judicial review of a Secretarial decision to conduct a lease sale under this subtitle, including the environmental analysis thereof, shall be limited to whether the Secretary has complied with the terms of this subtitle and shall be based upon the administrative record of that decision. The Secretary’s identification of a preferred course of action to enable leasing to proceed and the Secretary’s analysis of environmental effects under this subtitle shall be presumed to be correct unless shown otherwise by clear and convincing evidence to the contrary. (b) Limitation on other review Actions of the Secretary with respect to which review could have been obtained under this section shall not be subject to judicial review in any civil or criminal proceeding for enforcement. 419. Federal and State distribution of revenues (a) In general Notwithstanding any other provision of law, of the amount of adjusted bonus, rental, and royalty revenues from Federal oil and gas leasing and operations authorized under this subtitle— (1) 25 percent shall be paid to the State of Alaska; and (2) except as provided in section 422(d), the balance shall be deposited into the Treasury as miscellaneous receipts. (b) Payments to Alaska Payments to the State of Alaska under this section shall be made semiannually. 420. Rights-of-way across the Coastal Plain (a) In general The Secretary shall issue rights-of-way and easements across the Coastal Plain for the transportation of oil and gas— (1) except as provided in paragraph (2), under section 28 of the Mineral Leasing Act ( 30 U.S.C. 185 ), without regard to title XI of the Alaska National Interest Lands Conservation Act ( 30 U.S.C. 3161 et seq. ); and (2) under title XI of the Alaska National Interest Lands Conservation Act ( 30 U.S.C. 3161 et seq. ), for access authorized by sections 1110 and 1111 of that Act (16 U.S.C. 3170 and 3171). (b) Terms and conditions The Secretary shall include in any right-of-way or easement issued under subsection (a) such terms and conditions as may be necessary to ensure that transportation of oil and gas does not result in a significant adverse effect on the fish and wildlife, subsistence resources, their habitat, and the environment of the Coastal Plain, including requirements that facilities be sited or designed so as to avoid unnecessary duplication of roads and pipelines. (c) Regulations The Secretary shall include in regulations under section 413(g) provisions granting rights-of-way and easements described in subsection (a) of this section. 421. Conveyance In order to maximize Federal revenues by removing clouds on title to lands and clarifying land ownership patterns within the Coastal Plain, the Secretary, notwithstanding the provisions of section 1302(h)(2) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3192(h)(2)), shall convey— (1) to the Kaktovik Inupiat Corporation the surface estate of the lands described in paragraph 1 of Public Land Order 6959, to the extent necessary to fulfill the Corporation’s entitlement under sections 12 and 14 of the Alaska Native Claims Settlement Act (43 U.S.C. 1611 and 1613) in accordance with the terms and conditions of the Agreement between the Department of the Interior, the United States Fish and Wildlife Service, the Bureau of Land Management, and the Kaktovik Inupiat Corporation effective January 22, 1993; and (2) to the Arctic Slope Regional Corporation the remaining subsurface estate to which it is entitled pursuant to the August 9, 1983, agreement between the Arctic Slope Regional Corporation and the United States of America. 422. Local government impact aid and community service assistance (a) Financial assistance authorized (1) In general The Secretary may use amounts available from the Coastal Plain Local Government Impact Aid Assistance Fund established by subsection (d) to provide timely financial assistance to entities that are eligible under paragraph (2) and that are directly impacted by the exploration for or production of oil and gas on the Coastal Plain under this subtitle. (2) Eligible entities The North Slope Borough, the City of Kaktovik, and any other borough, municipal subdivision, village, or other community in the State of Alaska that is directly impacted by exploration for, or the production of, oil or gas on the Coastal Plain under this subtitle, as determined by the Secretary, shall be eligible for financial assistance under this section. (b) Use of assistance Financial assistance under this section may be used only for— (1) planning for mitigation of the potential effects of oil and gas exploration and development on environmental, social, cultural, recreational, and subsistence values; (2) implementing mitigation plans and maintaining mitigation projects; (3) developing, carrying out, and maintaining projects and programs that provide new or expanded public facilities and services to address needs and problems associated with such effects, including fire-fighting, police, water, waste treatment, medivac, and medical services; and (4) establishment of a coordination office, by the North Slope borough, in the City of Kaktovik, which shall— (A) coordinate with and advise developers on local conditions, impact, and history of the areas utilized for development; and (B) provide to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate an annual report on the status of coordination between developers and the communities affected by development. (c) Application (1) In general Any community that is eligible for assistance under this section may submit an application for such assistance to the Secretary, in such form and under such procedures as the Secretary may prescribe by regulation. (2) North Slope Borough communities A community located in the North Slope Borough may apply for assistance under this section either directly to the Secretary or through the North Slope Borough. (3) Application assistance The Secretary shall work closely with and assist the North Slope Borough and other communities eligible for assistance under this section in developing and submitting applications for assistance under this section. (d) Establishment of fund (1) In general There is established in the Treasury the Coastal Plain Local Government Impact Aid Assistance Fund. (2) Use Amounts in the fund may be used only for providing financial assistance under this section. (3) Deposits Subject to paragraph (4), there shall be deposited into the fund amounts received by the United States as revenues derived from rents, bonuses, and royalties from Federal leases and lease sales authorized under this subtitle. (4) Limitation on deposits The total amount in the fund may not exceed $11,000,000. (5) Investment of balances The Secretary of the Treasury shall invest amounts in the fund in interest bearing government securities. (e) Authorization of appropriations To provide financial assistance under this section there is authorized to be appropriated to the Secretary from the Coastal Plain Local Government Impact Aid Assistance Fund $5,000,000 for each fiscal year. C Offshore Oil and Gas Development 431. Repeal of moratorium on oil and gas leasing in the Gulf of Mexico (a) Repeal Section 104 of the Gulf of Mexico Energy Security Act of 2006 ( Public Law 109–432 ; 43 U.S.C. 1331 note) is amended by striking June 30, 2022 and inserting January 1, 2012 . (b) Inclusion of opened areas in 2012–2017 outer Continental Shelf oil and gas leasing program Within 90 days after the date of enactment of this Act, the Secretary of the Interior shall include the area removed from moratorium by subsection (a) in the areas available for leasing under the 2012–2017 outer Continental Shelf oil and gas leasing program prepared under section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344). 432. Inclusion of areas in 2012–2017 outer Continental Shelf oil and gas leasing program (a) In general Within 90 days after the date of enactment of this Act, the Secretary of the Interior shall include the areas described in subsection (b) in the areas available for leasing under the 2012–2017 outer Continental Shelf oil and gas leasing program prepared under section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344). (b) Areas described The areas referred to in subsection (a) are all areas of the outer Continental Shelf (as that term is defined in that Act) in the Arctic Ocean, Atlantic Ocean, Pacific Ocean, and Eastern Gulf of Mexico. V Greenhouse gas regulation 501. No regulation of emissions of greenhouse gases under Clean Air Act Title III of the Clean Air Act (42 U.S.C. 7601 et seq.) is amended by adding at the end the following: 330. No regulation of emission of greenhouse gases (a) Definition In this section, the term greenhouse gas means any of the following: (1) Water vapor. (2) Carbon dioxide. (3) Methane. (4) Nitrous oxide. (5) Sulfur hexafluoride. (6) Hydrofluorocarbons. (7) Perfluorocarbons. (8) Any other substance subject to, or proposed to be subject to, regulation, action, or consideration under this Act to address climate change. (b) Limitation on Agency Action (1) Limitation The Administrator may not, under this Act, promulgate any regulation concerning, take action relating to, or take into consideration the emission of a greenhouse gas to address climate change. (2) Air pollutant definition The definition of the term air pollutant in section 302(g) does not include a greenhouse gas. Notwithstanding the previous sentence, such definition may include a greenhouse gas for purposes of addressing concerns other than climate change. . | https://www.govinfo.gov/content/pkg/BILLS-113hr2081ih/xml/BILLS-113hr2081ih.xml |
113-hr-2082 | V 113th CONGRESS 1st Session H. R. 2082 IN THE HOUSE OF REPRESENTATIVES May 21, 2013 Mr. Petri introduced the following bill; which was referred to the Committee on Armed Services A BILL To authorize and request the President to award the Medal of Honor to James Megellas, formerly of Fond du Lac, Wisconsin, and currently of Colleyville, Texas, for acts of valor on January 28, 1945, during the Battle of the Bulge in World War II.
1. Authorization and request for award of Medal of Honor to James Megellas for acts of valor during Battle of the Bulge (a) Authorization The President is authorized and requested to award the Medal of Honor under section 3741 of title 10, United States Code, to James Megellas, formerly of Fond du Lac, Wisconsin, and currently of Colleyville, Texas, for the acts of valor described in subsection (b). (b) Action Described The acts of valor referred to in subsection (a) are the actions of James Megellas on January 28, 1945, in Herresbach, Belgium, during the Battle of the Bulge, during World War II, when, as a first lieutenant in the 82d Airborne Division, he led a surprise and devastating attack on a much larger advancing enemy force, killing and capturing a large number and causing others to flee, single-handedly destroying an attacking German Mark V tank with two hand-held grenades, and then leading his men in clearing and seizing Herresbach. (c) Waiver of Time Limitations The award under subsection (a) may be made without regard to the time limitations specified in section 3744(b) of title 10, United States Code, or any other time limitation established by law or regulation with respect to the awarding of certain medals to persons who served in the Army. | https://www.govinfo.gov/content/pkg/BILLS-113hr2082ih/xml/BILLS-113hr2082ih.xml |
113-hr-2083 | I 113th CONGRESS 1st Session H. R. 2083 IN THE HOUSE OF REPRESENTATIVES May 22, 2013 Mr. George Miller of California (for himself, Ms. Wilson of Florida , Mr. Rangel , Ms. Slaughter , and Mrs. McCarthy of New York ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Elementary and Secondary Education Act of 1965 to require criminal background checks for school employees.
1. Short title This Act may be cited as the Protecting Students from Sexual and Violent Predators Act . 2. Background checks Subpart 2 of part E of title IX of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7901 et seq.) is amended by adding at the end the following: 9537. Background checks (a) Background checks Each State educational agency that receives funds under this Act shall have in effect policies and procedures that— (1) require that criminal background checks be conducted for each school employee that include— (A) a search of the State criminal registry or repository in the State in which the school employee resides and each State in which the school employee previously resided; (B) a search of State-based child abuse and neglect registries and databases in the State in which the school employee resides and each State in which the school employee previously resided; (C) a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System; and (D) a search of the National Sex Offender Registry established under section 19 of the Adam Walsh Child Protection and Safety Act of 2006 ( 42 U.S.C. 16919 ); (2) prohibit the employment of an individual as a school employee if such individual— (A) refuses to consent to a criminal background check under paragraph (1) ; (B) makes a false statement in connection with such criminal background check; (C) has been convicted of a felony consisting of— (i) homicide; (ii) child abuse or neglect; (iii) a crime against children, including child pornography; (iv) spousal abuse; (v) a crime involving rape or sexual assault; (vi) kidnapping; (vii) arson; or (viii) physical assault, battery, or a drug-related offense, committed within 5 years of the completion of such individual’s criminal background check under paragraph (1) ; or (D) has been convicted of any other crime that is a violent or sexual crime against a minor; (3) require that a local educational agency or State educational agency that receives information from a criminal background check conducted paragraph (1) that an individual who has applied for employment as a school employee with such agency is a sexual predator, report to local law enforcement that such individual has so applied; (4) require that criminal background checks conducted under paragraph (1) be periodically repeated or updated in accordance with State law or local educational policy, but not less than once every 5 years; (5) require that each school employee who has had a criminal background check under paragraph (1) be provided with a copy of the background check; and (6) provide for a timely process by which a school employee may appeal, but which does not permit the school employee to be employed as a school employee during such appeal, the results of a criminal background check conducted under paragraph (1) to— (A) challenge the accuracy or completeness of the information produced by such background check; and (B) seek appropriate relief for any final employment decision based on materially inaccurate or incomplete information produced by such background check. (b) Inventory authorized A State educational agency may maintain an inventory of all the information from criminal background checks conducted under subsection (a)(1) on school employees in the State. (c) Definitions In this section: (1) School Employee The term school employee means— (A) an employee of, or a person seeking employment with, a local educational agency or State educational agency, and who has a job duty that results in access to students; or (B) an employee of, or a person seeking employment with, a for-profit or nonprofit entity, or local public agency, that has a contract or agreement to provide services with a school, local educational agency, or State educational agency, and whose job duty— (i) is to provide such services; and (ii) results in access to students. (2) Sexual Predator The term sexual predator means a person 18 years of age or older who has been convicted of, or pled guilty to, a sexual offense against a minor. . 3. Conforming amendment Section 2 of the Elementary and Secondary Education Act of 1965 is amended by adding after the item relating to section 9536 the following: Sec. 9537. Background checks. . | https://www.govinfo.gov/content/pkg/BILLS-113hr2083ih/xml/BILLS-113hr2083ih.xml |
113-hr-2084 | I 113th CONGRESS 1st Session H. R. 2084 IN THE HOUSE OF REPRESENTATIVES May 22, 2013 Mr. Delaney (for himself, Mr. Barr , Mr. Bera of California , Mr. Carney , Mr. Cole , Mr. Connolly , Mr. Rodney Davis of Illinois , Mr. Fitzpatrick , Ms. Gabbard , Mr. Garcia , Mr. Gibson , Mr. Johnson of Ohio , Mr. Joyce , Mr. Kennedy , Mr. Kind , Mr. Kinzinger of Illinois , Mr. Messer , Mr. Moran , Mr. Murphy of Florida , Mr. Peters of California , Mr. Pittenger , Mr. Polis , Mr. Ruppersberger , Ms. Sinema , Mr. Stivers , Mr. Turner , and Mr. Yoho ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish the American Infrastructure Fund, to provide bond guarantees and make loans to States, local governments, and non-profit infrastructure providers for investments in certain infrastructure projects, and to provide equity investments in such projects, and for other purposes.
1. Short title This Act may be cited as the Partnership to Build America Act of 2013 . 2. American Infrastructure Fund (a) American Infrastructure Fund (1) In general There is established a wholly owned Government corporation to be called the American Infrastructure Fund ( AIF )— (A) which shall be headed by the Board of Trustees established under subsection (b); (B) which may have separate sub-accounts or subsidiaries for funds used to make loans, bond guarantees, and equity investments under this section and funds used to make bond guarantees under this section; (C) which shall be available to the AIF to pay for the costs of carrying out this section, including the compensation of the Board and other employees of the AIF; and (D) the funds of which may be invested by the Board in such manner as the Board determines appropriate. (2) Deposits to AIF All funds received from bond issuances, loan payments, bond guarantee fees, and any other funds received in carrying out this section shall be held by AIF. (3) Limitations The charter of the AIF shall limit its activities to those activities described as the mission of the Board under subsection (b)(2). (4) Oversight The AIF shall register with the Securities and Exchange Commission and the Secretary shall report to Congress annually as to whether the AIF is fulfilling the mission of the Board under subsection (b)(2). (5) Treatment of AIF Title 31, United States Code, is amended in each of sections 9107(c)(3) and 9108(d)(2)— (A) by inserting the American Infrastructure Fund, after the Regional Banks for Cooperatives, ; and (B) by striking those banks and inserting those entities . (b) Board of Trustees (1) In general There is established a Board of Trustees of the AIF (the Board ), which shall be composed of 11 members, of which at least 4 must be risk management experts, as certified by the Board, having substantial experience in bond guarantees or municipal credit. (2) Mission The Mission of the Board is— (A) to operate the AIF and its subsidiaries to be a low cost provider of bond guarantees, loans, and equity investments to State and local governments and non-profit infrastructure providers for both urban and rural non-profit infrastructure projects that provide a positive economic impact and to meet such other standards as the Board may develop; (B) to operate the AIF in a self-sustaining manner so as to allow the AIF to repay its infrastructure bonds when due; (C) to not have a profit motive, but seek at all times to pursue its mission of providing low cost bond guarantees and loans while covering its costs, reserves as may be needed, and applying prudent underwriting standards; (D) to only consider projects put forth by State and local governments and not to seek projects directly; (E) to at all times make clear that no taxpayer money supports the AIF or ever will; and (F) to engage in no other activities other than those permitted under this section. (3) Membership (A) Presidentially-appointed members Except as provided under subparagraph (C), 4 members of the Board shall be appointed by the President, by and with the advice and consent of the Senate, and serve for a term of 7 years. (B) Additional members Except as provided under subparagraph (C), 7 members of the Board shall be appointed by the current members of the Board appointed pursuant to this subparagraph or subparagraph (C)(ii), and serve for a term of 7 years. (C) Initial members The Board shall initially consist of the following members, who shall be appointed not later than the end of the 60-day period beginning on the date that bonds are issued under subsection (e): (i) Four members, appointed by the President, by and with the advice and consent of the Senate. (ii) Seven additional members, appointed one each by the seven entities purchasing the largest amount of bonds (by aggregate face amount of bonds purchased) under subsection (e). (D) Staggered terms The members of the Board shall serve staggered terms, with 2 each of the initial members of the Board serving for terms of 4, 5, 6, 7, and 8 years, respectively, and the initial Chair selected under subparagraph (E) serving for 9 years. The decision of which Board members, other than the Chair, serve for which initial terms shall be made by the members of the Board drawing lots. (E) Chair The members of the Board shall choose 1 member to serve as the Chair of the Board for a term of 7 years, except that the initial Chair shall serve for a term of 7 years, as described under subparagraph (D). (F) Vacancies Any member of the Board appointed to fill a vacancy occurring before the expiration of the term to which that member's predecessor was appointed shall be appointed only for the remainder of the term. (G) Continuation of service Each member of the Board may continue to serve after the expiration of the term of office to which that member was appointed until a successor has been appointed. (H) Conflicts of interest No member of the Board may have a financial interest in, or be employed by, a Qualified Infrastructure Project ( QIP ) related to assistance provided under this section or any entity that has purchased bonds under subsection (e). Owning municipal credit of any State or local government or owning the securities of a diversified company that engages in infrastructure activities, provided those activities constitute less than 20 percent of the company’s revenues, or investing in broadly held investment funds shall not be deemed to create a conflict of interest. The Board may issue regulations to define terms used under this subparagraph. (4) Compensation The members of the Board shall be compensated at an amount to be set by the Board, but under no circumstances may such compensation be higher than the rate prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (5) Staff The Board shall employ and set compensation for such staff as the Board determines as is necessary to carry out the activities and mission of the AIF, and such staff may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53, United States Code, relating to classification and General Schedule pay rates. (6) Procedures The Board shall establish such procedures as are necessary to carry out this section. (7) Corporate governance standards (A) Board committees generally The Board shall maintain all of the committees required to be maintained by the board of directors of an issuer listed on the New York Stock Exchange as of the date of the enactment of this section. (B) Risk management committee The Board shall maintain a risk management committee, which shall— (i) consist of 4 members of the Board, with the initial 4 members consisting of 2 members appointed under paragraph (3)(C)(i) and 2 members appointed under paragraph (3)(C)(ii); (ii) employ additional staff who are certified by the Board as having significant and relevant experience in insurance underwriting and credit risk management; and (iii) establish the risk management policies used by the Board. (C) Standards The Board shall, to the extent practicable, follow all standards with respect to corporate governance that are required to be followed by the board of directors of an issuer listed on the New York Stock Exchange as of the date of the enactment of this section. (c) Infrastructure investment (1) In general The AIF shall provide bond guarantees to debt issued by State and local governments and non-profit infrastructure providers, make loans to States, local governments, and non-profit infrastructure providers, and make equity investments in projects sponsored by State and local governments and non-profit infrastructure provider to help Qualified Infrastructure Projects ( QIPs ). The AIF may not make any loans or provide bond guaranties to for-profit entities. (2) Qualified Infrastructure Projects A project qualifies as a QIP under this section if— (A) the project involves the construction, maintenance, improvement, or repair of a transportation, energy, water, communications, or educational facility; and (B) the recipient of bond guarantees, loans, equity investments, or any other financing technique authorized under this Act provides written assurances prescribed by the AIF that the project will be performed in compliance with the requirements of all Federal laws that would otherwise apply to similar projects to which the United States is a party. (3) Application for assistance (A) In general A State or local government that wishes to receive a loan or bond guarantee under this section shall submit an application to the Board in such form and manner and containing such information as the Board may require. (B) Requirement for non-profit infrastructure providers to apply through State or local governments A non-profit infrastructure provider may only receive a bond guarantee, loan, or equity investment under this section if the State or local government for the jurisdiction in which the non-profit infrastructure provider is located submits an application pursuant to subparagraph (A) on behalf of such non-profit infrastructure provider. (4) Limitations on single State awards (A) Annual limitation The Board shall set an annual limit, as a percentage of total assistance provided under this section during a year, on the amount of assistance a single State (including local governments and other non-profit infrastructure providers within such State) may receive in assistance provided under this section. (B) Cumulative limitation The Board shall set a limit, as a percentage of total assistance provided under this section outstanding at any one time, on the amount of assistance a single State (including local governments and other non-profit infrastructure providers within such State) may receive in assistance provided under this section. (5) Loan specifications Loans made under this section shall have such maturity and carry such interest rate as the Board determines appropriate. (6) Bond guarantee The Board shall charge such fees for Bond guarantees made under this section as the Board determines appropriate. (7) Equity investments With respect to a QIP, the amount of an equity investment made by the AIF in such QIP may not exceed 20 percent of the total cost of the QIP. (8) Public-private partnership requirements At least 25 percent of the assistance provided under this section shall be provided to QIPs for which at least 20 percent of the financing for such QIPs comes from private debt or equity. (9) Prohibition on principal forgiveness With respect to a loan made under this section, the Board may not forgive any amount of principal on such loan. (d) American Infrastructure Bonds (1) In general The Secretary shall, not later than the end of the 90-day period following the date of the enactment of this section and acting through the AIF, issue bonds, to be called American Infrastructure Bonds , the proceeds from which shall be deposited into the AIF. (2) Forms and denominations; interest American Infrastructure Bonds shall— (A) be in such forms and denominations as determined by the Secretary, and shall have a 50-year maturity; and (B) bear interest of 1 percent. (3) No full faith and credit Interest and principal payments paid to holders of American Infrastructure Bonds shall be paid from the AIF, to the extent funds are available, and shall not be backed by the full faith and credit of the United States. (4) Amount of bonds The aggregate face amount of the bonds issued under this subsection shall be $50,000,000,000. (5) Sale of American Infrastructure Bonds (A) Competitive bidding process The Secretary shall sell the $50,000,000,000 of American Infrastructure Bonds— (i) through a competitive bidding process that encourages aggressive bidding; (ii) in a manner so as to ensure that there are at least 7 different un-affiliated purchasers; and (iii) with prospective purchasers bidding on how low of a multiplier they will accept (for purposes of subsection (b)(1) of section 966 of the Internal Revenue Code of 1986) when purchasing the American Infrastructure Bonds, for purposes of applying the foreign earnings exclusion described under that section. (B) Limitation The multiplier described under subparagraph (A)(iii) may not be greater than 6. (6) Reimbursement of costs The Board shall repay the Secretary, from funds in the AIF, for the costs to the Secretary in carrying out this subsection. (e) Additional bonds (1) In general The Board may issue such other bonds as the Board determines appropriate, the proceeds from which shall be deposited into the AIF. (2) No full faith and credit Interest and principal payments paid to holders of bonds issued pursuant to paragraph (1) shall be paid from the AIF, to the extent funds are available, and shall not be backed by the full faith and credit of the United States. (f) Definitions For purposes of this section: (1) Bond guarantee The term bond guarantee has the meaning given the term loan guarantee under section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a). (2) Cost With respect to a loan or a bond guarantee, the term cost has the meaning given such term under section 502 of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661a ). (3) Non-profit infrastructure provider The term non-profit infrastructure provider means a non-profit entity that seeks to finance a QIP. (4) Loan The term loan has the meaning given the term direct loan under section 502 of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661a ). (5) Secretary The term Secretary means the Secretary of the Treasury. (6) State The term State means each of the several States, the District of Columbia, any territory or possession of the United States, and each federally recognized Indian tribe. 3. Foreign earnings exclusion for purchase of infrastructure bonds (a) In general Subpart F of part III of subchapter N of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 966. Foreign earnings exclusion for purchase of infrastructure bonds (a) Exclusion In the case of a corporation which is a United States shareholder and for which the election under this section is in effect for the taxable year, gross income does not include an amount equal to the qualified cash dividend amount. (b) Qualified cash dividend amount For purposes of this section, the term qualified cash dividend amount means an amount of the cash dividends which are received during a taxable year by such shareholder from controlled foreign corporations equal to— (1) the multiplier determined under section 2(d)(5) of the Partnership to Build America Act of 2013 for such shareholder, multiplied by (2) the face amount of qualified infrastructure bonds acquired at its original issue (directly or through an underwriter) by such shareholder. (c) Limitations (1) In general The amount of dividends taken into account under subsection (a) for a taxable year shall not exceed the lesser of— (A) the cash dividends received by the taxpayer for such taxable year, or (B) the amount shown on the applicable financial statement as earnings permanently reinvested outside the United States. (2) Dividends must be extraordinary The amount of dividends taken into account under subsection (a) shall not exceed the excess (if any) of— (A) the cash dividends received during the taxable year by such shareholder from controlled foreign corporations, over (B) the annual average for the base period years of the cash dividends received during each base period year by such shareholder from controlled foreign corporations. (3) Reduction of benefit if increase in related party indebtedness The amount of dividends which would (but for this paragraph) be taken into account under subsection (a) shall be reduced by the excess (if any) of— (A) the amount of indebtedness of the controlled foreign corporation to any related person (as defined in section 954(d)(3)) as of the close of the taxable year for which the election under this section is in effect, over (B) the amount of indebtedness of the controlled foreign corporation to any related person (as so defined) as of the close of the preceding taxable year. All controlled foreign corporations with respect to which the taxpayer is a United States shareholder shall be treated as 1 controlled foreign corporation for purposes of this subsection. The Secretary may prescribe such regulations as may be necessary or appropriate to prevent the avoidance of the purposes of this subsection, including regulations which provide that cash dividends shall not be taken into account under subsection (a) to the extent such dividends are attributable to the direct or indirect transfer (including through the use of intervening entities or capital contributions) of cash or other property from a related person (as so defined) to a controlled foreign corporation. (d) Definitions and special rules For purposes of this section— (1) Qualified infrastructure bonds The term qualified infrastructure bond means a bond issued under section 2(d) of the Partnership to Build America Act of 2013. (2) Applicable financial statement The term applicable financial statement means, with respect to a taxable year— (A) with respect to a United States shareholder which is required to file a financial statement with the Securities and Exchange Commission (or which is included in such a statement so filed by another person), the most recent audited annual financial statement (including the notes which form an integral part of such statement) of such shareholder (or which includes such shareholder)— (i) which was so filed for such taxable year, and (ii) which is certified as being prepared in accordance with generally accepted accounting principles, and (B) with respect to any other United States shareholder, the most recent audited financial statement (including the notes which form an integral part of such statement) of such shareholder (or which includes such shareholder)— (i) which is certified as being prepared in accordance with generally accepted accounting principles, and (ii) which is used for the purposes of a statement or report— (I) to creditors, (II) to shareholders, or (III) for any other substantial nontax purpose. (3) Base period years (A) In general The base period years are the 3 taxable years— (i) which are among the 5 most recent preceding taxable years ending before the taxable year, and (ii) which are determined by disregarding— (I) 1 taxable year for which the amount described in subsection (c)(2)(B) is the largest, and (II) 1 taxable year for which such amount is the smallest. (B) Shorter period If the taxpayer has fewer than 5 taxable years ending before the taxable year, then in lieu of applying subparagraph (A), the base period years shall include all the taxable years of the taxpayer ending before such taxable year. (C) Mergers, acquisitions, etc (i) In general Rules similar to the rules of subparagraphs (A) and (B) of section 41(f)(3) shall apply for purposes of this paragraph. (ii) Spin-offs, etc If there is a distribution to which section 355 (or so much of section 356 as relates to section 355) applies during the 5-year period referred to in subparagraph (A)(i) and the controlled corporation (within the meaning of section 355) is a United States shareholder— (I) the controlled corporation shall be treated as being in existence during the period that the distributing corporation (within the meaning of section 355) is in existence, and (II) for purposes of applying subsection (c)(2) to the controlled corporation and the distributing corporation, amounts described in subsection (c)(2)(B) which are received or includible by the distributing corporation or controlled corporation (as the case may be) before the distribution referred to in subclause (I) from a controlled foreign corporation shall be allocated between such corporations in proportion to their respective interests as United States shareholders of such controlled foreign corporation immediately after such distribution. Subclause (II) shall not apply if neither the controlled corporation nor the distributing corporation is a United States shareholder of such controlled foreign corporation immediately after such distribution. (4) Dividend The term dividend shall not include amounts includible in gross income as a dividend under section 78, 367, or 1248. In the case of a liquidation under section 332 to which section 367(b) applies, the preceding sentence shall not apply to the extent the United States shareholder actually receives cash as part of the liquidation. (5) Coordination with dividend received deduction No deduction shall be allowed under section 243 or 245 for any dividend which is excluded from income by subsection (a). (6) Controlled groups All United States shareholders which are members of an affiliated group filing a consolidated return under section 1501 shall be treated as one United States shareholder. (7) Reporting The Secretary shall require by regulation or other guidance the reporting of such information as the Secretary may require to carry out this section. (e) Denial of foreign tax credit; denial of certain expenses (1) Foreign tax credit (A) In general No credit shall be allowed under section 901 for any taxes paid or accrued (or treated as paid or accrued) with respect to the excluded portion of any dividend. (B) Denial of deduction of related tax No deduction shall be allowed under this chapter for any tax for which credit is not allowable by reason of the preceding sentence. (2) Expenses No deduction shall be allowed for expenses directly allocable to the excludable portion described in paragraph (1). (3) Excludable portion For purposes of paragraph (1), unless the taxpayer otherwise specifies, the excludable portion of any dividend or other amount is the amount which bears the same ratio to the amount of such dividend or other amount as the amount excluded from income under subsection (a) for the taxable year bears to the amount described in subsection (c)(2)(A) for such year. (4) Coordination with section 78 Section 78 shall not apply to any tax which is not allowable as a credit under section 901 by reason of this subsection. (f) Election To have section apply A taxpayer may elect to have this section apply for any taxable year. . (b) Clerical amendment The table of sections for subpart F of part III of subchapter N of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 966. Foreign earnings exclusion for purchase of infrastructure bonds. . (c) Effective date The amendments made by this section shall apply to dividends received for taxable years ending after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr2084ih/xml/BILLS-113hr2084ih.xml |
113-hr-2085 | I 113th CONGRESS 1st Session H. R. 2085 IN THE HOUSE OF REPRESENTATIVES May 22, 2013 Mr. Roskam (for himself, Mr. Neal , Mr. Lance , Mr. Kind , Mr. Guthrie , Mr. Paulsen , and Mr. Tiberi ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To create incentive for innovative diagnostics by improving the process for determining Medicare payment rates for new tests.
1. Short title This Act may be cited as the Diagnostic Innovation Testing and Knowledge Advancement Act of 2013 . 2. Creating incentives for innovative diagnostics (a) Improvements To process for determining fee schedule amounts for new tests (1) Clarifying factors for rate-setting In determining the payment amount under gapfilling procedures (as described in section 414.508(b) of title 42, Code of Federal Regulations, or any successor regulation to such section) for new clinical diagnostic laboratory tests under section 1833(h)(8) of the Social Security Act ( 42 U.S.C. 1395l(h)(8) ), the Secretary of Health and Human Services (in this section referred to as the Secretary ) shall take into account, as applicable and available, the following factors with respect to such a new test: (A) Impact on patient care The impact of the new test on patient care, patient management, or patient treatment. (B) Technical characteristics The technical characteristics of the new test, and the resources required to develop, validate, and perform the new test. (C) Claims data Data from claims for which payment is made under part B of title XVIII of the Social Security Act. (D) Laboratory charges Amounts charged by laboratories to self-pay patients for the new test. (E) Private insurance rates Amounts paid to laboratories for such new test under private health insurance coverage offered in the group market and the individual market. (F) Advisory panel recommendations The findings and recommendations of the independent advisory panel convened under paragraph (2) with respect to that new test and any comments received during the open meeting of the advisory panel. (G) Additional factors Such other factors as the Secretary may specify. (2) Input from patients, clinicians, and technical experts (A) Requirement for independent advisory panel The Secretary shall convene an independent advisory panel from which the Secretary shall request information and recommendations regarding any new test (as referred to under subparagraph (A) of section 1833(h)(8) of the Social Security Act ( 42 U.S.C. 1395l(h)(8) )) for which payment is made under such section, including technical, clinical, and quality information. (B) Composition of independent advisory panel Subject to subparagraph (D), the independent advisory panel shall be comprised of 19 members, including— (i) 7 individuals with expertise and experience with clinical diagnostic laboratory tests including expertise in the technical characteristics of the new test as well as expertise in the requirements to develop, validate, and perform the new test; (ii) 3 representatives of patients, including a patient representative for rare disorders; (iii) 3 clinicians who use results of the new test in patient care; (iv) 2 laboratorians; (v) 2 individuals with expertise in the area of pharmacoeconomics or health technology assessment; and (vi) 2 individuals with expertise on the impact of new tests on quality of patient care, including genetic counselors. (C) Terms Subject to subparagraph (D), a member of the panel shall be appointed to serve a term of 6 years, except with respect to the members first appointed, whose terms of appointment shall be staggered evenly over 2-year increments. (D) Temporary appointment of experts Insofar as the Secretary determines with respect to a new test that there are an insufficient number of members of the panel with expertise with respect to that specific test, the Secretary may appoint individuals who have expertise pertaining to the new test involved to serve on the panel. (E) Open meetings The Secretary shall receive or review the findings and recommendations of the independent advisory panel with respect to the new tests described in subparagraph (A) involved during a meeting open to the public and provide opportunity for public comment. (F) Clarification of authority of secretary to consult carriers Nothing in this section shall be construed as affecting the authority of the Secretary to consult with appropriate Medicare administrative contractors. (3) Justification for payment determinations (A) Initial justification With respect to decisions regarding payments made under the clinical laboratory fee schedule for new clinical diagnostic laboratory tests, the Secretary shall publicly provide a justification for the payment basis and payment rate determination, including a detailed summary of the information submitted to, or obtained by, the Secretary regarding the factors specified in paragraph (1), such that interested stakeholders can readily understand the Secretary’s rationale for the payment basis and rate determinations. (B) Reconsideration period After providing such justification for a payment basis and payment rate determination, the Secretary shall provide for a reasonable period of reconsideration to receive any appeal of the determination and to evaluate any additional information received regarding the justification and the factors specified in paragraph (1). (C) Final determination After the period of reconsideration the Secretary shall make a final payment basis and payment rate determination and provide a justification for such final determination explaining what additional information was evaluated during the reconsideration and how such information was taken into account with respect to the final determination. Nothing in this paragraph shall be construed as authorizing the Secretary to reveal proprietary information which is otherwise prohibited from disclosure under law. (b) Process for assignment of temporary codes for diagnostic tests The Secretary shall establish a process for application for the assignment of a temporary national HCPCS code to uniquely identify a diagnostic test until a permanent national HCPCS code is available for assignment to that test. Assignments of a temporary national HCPCS code shall occur on a quarterly basis. The Secretary shall provide public notice through the Centers for Medicare & Medicaid Services Web site of applications made for such temporary national HCPCS codes. Upon assignment of a temporary code under this process, the Secretary shall treat such test as a new test for purposes of section 1833(h)(8) of the Social Security Act. (c) Development of further improvements in rate-Setting processes The Secretary shall analyze the process used for the gapfilling procedure used in determining payment amounts for new clinical diagnostic laboratory tests under section 1833(h)(8) of the Social Security Act. Taking into account the changes made by this section, the Secretary shall identify further changes to improve the accuracy and appropriateness of resulting rates and the openness, transparency, and predictability of the process. The Secretary shall examine what and how many entities should perform gapfilling, under contract or otherwise, and how to ensure that the process is informed by appropriate expertise and proceeds in a transparent and accountable manner. The Secretary shall implement improvements in the process, insofar as these are possible under the law through regulations, after public notice and opportunity for comment. For changes the Secretary determines would require a change in law, the Secretary shall transmit recommendations to the Speaker of the House and the President of the Senate not later than July 1, 2014. (d) Definitions For purposes of this section: (1) New clinical diagnostic laboratory tests The term new clinical diagnostic laboratory test means a clinical diagnostic laboratory test— (A) that is assigned a new or substantially revised code on or after January 1, 2013; or (B) for which a temporary national HCPCS code is granted under subsection (b) on or after January 1, 2014. (2) Self-pay patient The term self-pay patient means, with respect to a health care item or service, an individual who pays out of pocket for such item or service and who does not have health insurance coverage for such item or service. (e) Effective date (1) In general Subject to paragraph (2), this section shall take effect on the date of enactment of this Act and shall apply with respect to new clinical diagnostic laboratory tests. (2) Application of justifications to current rate determinations Subsection (a)(3) shall apply to payment basis and payment rate determinations made on or after January 1, 2013. | https://www.govinfo.gov/content/pkg/BILLS-113hr2085ih/xml/BILLS-113hr2085ih.xml |
113-hr-2086 | I 113th CONGRESS 1st Session H. R. 2086 IN THE HOUSE OF REPRESENTATIVES May 22, 2013 Ms. Titus (for herself, Mr. McIntyre , Mr. O’Rourke , Mr. Barber , Mr. Bishop of New York , Ms. Kuster , Mr. Loebsack , Ms. Brownley of California , Mrs. McCarthy of New York , Ms. Frankel of Florida , Ms. Lee of California , Mr. Sean Patrick Maloney of New York , Mr. Cicilline , Mr. Rahall , Mr. Swalwell of California , Mr. Michaud , Ms. Brown of Florida , Mr. Ben Ray Luján of New Mexico , Mr. Kilmer , Mr. Delaney , Mr. Waxman , Mr. Costa , and Ms. Shea-Porter ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To direct the Secretary to make interim payments of disability compensation benefits for certain claims for such compensation prior to the adjudication of such claims, and for other purposes.
1. Short title This Act may be cited as the Pay As You Rate Act . 2. Interim payments of compensation benefits under laws administered by the Secretary of Veterans Affairs (a) In general Subchapter III of chapter 51 of title 38, United States Code, is amended by adding at the end the following new section: 5127. Interim payments of compensation benefits (a) In general In the case of a claim described in subsection (b), prior to adjudicating the claim, the Secretary shall make interim payments of monetary benefits to the claimant based on any disability for which the Secretary has made a decision. Upon the adjudication of the claim, the Secretary shall pay to the claimant any monetary benefits awarded to the claimant for the period of payment under section 5111 of this title less the amount of such benefits paid to the claimant under this section. (b) Claim described A claim described in this subsection is a claim for disability compensation under chapter 11 of this title— (1) the adjudication of which requires the Secretary to make decisions with respect to two or more disabilities; and (2) for which, before completing the adjudication of the claim, the Secretary makes a decision with respect to a disability that would result in the payment of monetary benefits to the claimant upon the adjudication of the claim, . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end of the items relating to such subchapter the following new item: 5127. Interim payments of compensation benefits. . | https://www.govinfo.gov/content/pkg/BILLS-113hr2086ih/xml/BILLS-113hr2086ih.xml |
113-hr-2087 | I 113th CONGRESS 1st Session H. R. 2087 IN THE HOUSE OF REPRESENTATIVES May 22, 2013 Mrs. Black introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To prohibit Federal funds for the establishment or operation of patient navigator programs under the Patient Protection and Affordable Care Act, and for other purposes.
1. Short title This Act may be cited as the Protecting Taxpayer Dollars and Identity under Obamacare Act . 2. Prohibition of Federal funds for the establishment or operation of patient navigator programs None of the funds authorized or appropriated by Federal law may be used for the establishment or operation of a navigator program under section 1311(i) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031(i) ) or for the establishment or operation of any non-navigator program that provides any of the types of assistance described in paragraph (3) of such section, regardless of whether such a program is established in connection with a State or Federally operated Exchange. | https://www.govinfo.gov/content/pkg/BILLS-113hr2087ih/xml/BILLS-113hr2087ih.xml |
113-hr-2088 | I 113th CONGRESS 1st Session H. R. 2088 IN THE HOUSE OF REPRESENTATIVES May 22, 2013 Mr. Michaud (for himself, Mr. McIntyre , Ms. Kuster , Ms. Brownley of California , Mrs. McCarthy of New York , Ms. Frankel of Florida , Ms. Lee of California , Mr. Heck of Nevada , Ms. Brown of Florida , Mrs. Bustos , Mr. Bishop of New York , and Mr. Kilmer ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To direct the Secretary of Veterans Affairs to carry out a pilot program to establish claims adjudication centers of excellence.
1. Department of Veterans Affairs pilot program on claims adjudication centers of excellence (a) Pilot program The Secretary shall carry out a three-year pilot program under which the Secretary shall establish in the Department of Veterans Affairs 12 claims adjudication centers of excellence in accordance with this section. (b) Selection of locations The Secretary shall select the three highest performing regional offices in each of the four areas of the Veterans Benefits Administration as the locations of the centers of excellence. To determine which of the regional offices are the three highest performing, the Secretary shall evaluate the quality and accuracy ratings of each of the regional offices and the average number of days a claim submitted to each of the regional offices is pending. (c) Focus of centers (1) Selection of medical conditions Each center of excellence established under this section shall focus on adjudicating claims relating to one medical condition selected by the Secretary. The Secretary shall select medical conditions for such purpose that are among the most complex and time consuming, for purposes of adjudication, and that occur commonly enough to support the work of the centers. (2) Adjudication of other claims If no claims relating to the medical condition which is the focus of a center are pending adjudication, employees of the center shall adjudicate claims relating to other medical conditions. (d) Employees (1) Employee training Each employee of a center of excellence established under this section shall— (A) receive specific training related to the medical condition on which the center where the employee is employed is focused; (B) be required to pass an examination designed to certify the employee’s ability to adjudicate claims relating to such medical condition to a high performing standard; and (C) work primarily, to the extent practicable, adjudicating claims for which the employee has received specialized training. (2) Employment at more than one center (A) Concurrent employment No employee may be employed concurrently at more than one center established under this section. (B) Subsequent employment If the Secretary determines appropriate, an employee may move from one center to another as long as the employee receives specialized training appropriate for the center to which the employee moves. (3) Additional full time employees authorized The Secretary may assign additional full-time employees to a regional office designated as a center of excellence under this section as the Secretary determines necessary. For any full-time employee of a regional office who is assigned to a center of excellence under this section, the director of the regional office shall hire an additional full-time employee at the regional office. (e) Deadline for selection of medical conditions The Secretary of Veterans Affairs shall select the medical conditions on which the claims adjudication centers of excellence established under this section shall focus by not later than 90 days after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr2088ih/xml/BILLS-113hr2088ih.xml |
113-hr-2089 | I 113th CONGRESS 1st Session H. R. 2089 IN THE HOUSE OF REPRESENTATIVES May 22, 2013 Mrs. Roby (for herself and Mr. Rokita ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Elementary and Secondary Education Act of 1965 to prohibit Federal mandates, direction, or control, and for other purposes.
1. Short title This Act may be cited as the Defending State Authority Over Education Act of 2013 . 2. Voluntary partnerships Section 1111(k) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(k) ) is amended by adding at the end the following: Except that the Secretary shall not attempt to influence, incentivize, or coerce State participation in any such partnerships. . 3. Specific limitations Section 9401 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7861 ) is amended— (1) by redesignating subsections (e), (f), and (g), as subsections (f), (g), and (h), respectively; and (2) by inserting after subsection (d) the following new subsection: (e) Specific limitations The Secretary shall not require a State educational agency, local educational agency, or Indian tribe, as a condition of approval of a waiver request, to— (1) include in, or delete from, such request, specific academic standards; (2) use specific academic assessment instruments or items; or (3) include in, or delete from, such waiver request any criterion that specifies, defines, or prescribes the standards or measures that a State or local educational agency or Indian tribe uses to establish, implement, or improve— (A) State academic standards; (B) academic assessments; (C) State accountability systems; or (D) teacher and school leader evaluation systems. . 4. Prohibition against Federal mandates, direction, or control (a) In general Subpart 2 of part E of title IX of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7901 et seq.) is amended by inserting after section 9526 the following new section: 9526A. Prohibition against Federal mandates, direction, or control (a) In general No officer or employee of the Federal Government shall, directly or indirectly, through grants, contracts, or other cooperative agreements, mandate, direct, or control a State, local educational agency, or school’s specific instructional content, academic standards and assessments, curricula, or program of instruction, nor shall anything in this Act be construed to authorize such officer or employee to do so. (b) Financial support No officer or employee of the Federal Government shall, directly or indirectly, through grants, contracts, or other cooperative agreements, make financial support available in a manner that is conditioned upon a State, local educational agency, or school’s adoption of specific instructional content, academic standards and assessments, curriculum, or program of instruction even if such requirements are specified in an Act other than this Act, nor shall anything in this Act be construed to authorize such officer or employee to do so. . (b) Clerical amendment The table of contents for the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 9526 the following: Sec. 9526A. Prohibition against Federal mandates, direction, or control. . | https://www.govinfo.gov/content/pkg/BILLS-113hr2089ih/xml/BILLS-113hr2089ih.xml |
113-hr-2090 | I 113th CONGRESS 1st Session H. R. 2090 IN THE HOUSE OF REPRESENTATIVES May 22, 2013 Mr. Griffith of Virginia (for himself, Mr. McCaul , and Mr. Peters of California ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend chapter V of the Federal Food, Drug, and Cosmetic Act to permit provisional approval of fast track products.
1. Short title This Act may be cited as the Patient Choice Act of 2013 . 2. Provisional approval for fast track products (a) In general Section 506 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 356 ) is amended by adding at the end the following: (f) Provisional approval (1) Provisional approval for adequately safe fast track products (A) In general Subject to the requirements of this subsection, if the Secretary determines that a drug that is designated as a fast track product under this section is adequately safe (as such term is defined in paragraph (2) ), the Secretary shall grant provisional approval and the drug may be introduced into interstate commerce on or after the date such provisional approval is granted. (B) Treatment of provisional approval status The provisional approval of a drug under subparagraph (A) shall be treated in the same manner as approval of a drug under section 505 of this Act or section 351 of the Public Health Service Act, except that such provisional approval shall be subject to the requirements of this section, including the following: (i) The requirements under paragraph (3), including requirements related to— (I) informed consent; and (II) continued pursuit of safety and efficacy data for purposes of gaining approval for such drug under section 505 of this Act or section 351 of the Public Health Service Act. (ii) The rules under paragraphs (4) and (5) relating to the length of the termination of the provisional approval and withdrawal of a drug subject to provisional approval. (C) Request for provisional approval (i) In general The sponsor of a drug that is designated as a fast track product under this section may request that the Secretary grant provisional approval for such drug under subparagraph (A) . (ii) Response to request Not later than 90 days after receiving such a request, the Secretary shall either— (I) grant provisional approval for the drug under subparagraph (A) ; or (II) provide notice to the sponsor of the drug that such request is denied. (2) Adequately safe defined (A) In general For purposes of this subsection, with respect to a drug, the term adequately safe means that— (i) for at least one population, the risk of death or morbidity caused directly by an adverse effect of the drug, as determined in one or more safety studies or through other data that the Secretary determines are sufficient, is unlikely to be greater than the combined direct and secondary risks of death or morbidity, as established in the literature or historical data, of— (I) the disease that such drug is intended to treat; and (II) existing therapies (including infection) for such disease; or (ii) the drug has had a valid marketing authorization, for a period of at least 4 years, by an authority in a country described in section 802(b)(1)(A), or designated by the Secretary under section 802(b)(1)(B), and data adequate for the approval of such marketing authorization for such drug in such country have been submitted to the Secretary. (B) Limitation The Secretary may not impose any requirements for purposes of the safety studies or data under subparagraph (A)(i) that are in addition to, or different than, the requirements for studies to establish safety for purposes of Phase 1 or Phase 2, as such terms are described in subsections (a) and (b), respectively, of section 312.21 of title 21, Code of Federal Regulations. (3) Requirements Provisional approval of a fast track product under this subsection shall be subject to the following requirements: (A) Informed consent (i) In general As a condition of provisional approval under paragraph (1) , the sponsor of a drug shall ensure that, before such drug is dispensed to an individual— (I) the individual shall be informed that the drug is subject to provisional approval based on limited safety data and that the efficacy of the drug has not been proven; (II) the individual shall be informed of the known risks of the drug and any unknown but reasonably predictable risks of the drug, including, as appropriate, potential risks of death, complications, or injury resulting from use of the drug, and risks related to the potential ineffectiveness of the drug, including progression of the disease that may result in death or morbidity, or the potential for the drug to accelerate or exacerbate the disease process; and (III) the individual provides written informed consent acknowledging that individual has been provided with and understands the information under subclauses (I) or (II). (ii) Regulations The Secretary shall issue regulations on the requirements for informed consent under clause (i) . Such regulations shall be similar to the requirements for informed consent for human subjects under subpart B of part 50 of title 21, Code of Federal Regulations, adjusted as appropriate for purposes of this subsection. (B) Pursuit of full approval required A sponsor of a drug that receives a provisional approval under paragraph (1) shall continue to diligently conduct appropriate studies, after such provisional approval is granted, to— (i) establish that the drug has an effect on a clinical endpoint or on a surrogate endpoint that is reasonably likely to predict clinical benefit; and (ii) collect the data necessary to demonstrate that the drug is safe and effective (or, in the case of a biologic, safe and potent) for purpose of obtaining approval for such drug under section 505(c) of this Act or section 351 of the Public Health Service Act. (C) Promotional materials During the period that provisional approval under paragraph (1) applies to a drug, the sponsor of the drug shall submit copies of all promotional materials related to the drug at least 30 days prior to dissemination of the materials. (D) Risk evaluation and mitigation strategy (i) In general Section 505–1 shall apply to a drug subject to provisional approval under this subsection in the same manner that such section applies to a drug approved under section 505 of this Act or section 351 of the Public Health Service Act. (ii) Rule of construction Nothing in this subparagraph shall be construed to limit the Secretary’s authority under section 505–1 to determine if a risk evaluation and mitigation strategy is necessary. (E) Indication of use The provisional approval under paragraph (1) shall only apply to the indication of use for the drug— (i) which is related to the treatment of the condition with respect to which such drug was designated as a fast track product; and (ii) for which the drug is demonstrated to be adequately safe. (4) Termination of provisional approval (A) In general In the case of a drug that is not designated under section 526, the provisional approval of the drug under paragraph (1) shall terminate on the earlier of the following: (i) The date that the drug is approved under section 505(c) of this Act or section 351 of the Public Health Service Act. (ii) At the end of the 5-year period beginning on the date on which provisional approval was granted for such drug, except— (I) if the Secretary determines that the sponsor of the drug is diligently engaging in actions (including conducting clinical trials) for the purpose of seeking approval under section 505(c) of this Act or section 351 of the Public Health Service Act (excluding provisional approval under paragraph (1) ) and the Secretary determines that the sponsor requires additional time to complete such actions and attain such approval, the Secretary may extend such period for an appropriate length of time to allow the sponsor to complete such actions and attain such approval; or (II) if the Secretary determines that the termination of the provisional approval is adverse to protecting or promoting the public health, the Secretary may extend such period for an appropriate length of time to protect or promote the public health. (B) Special rule for orphan drugs In the case of a drug designated under section 526, the provisional approval of the drug under paragraph (1) shall terminate on the date that the drug is approved under section 505(c) of this Act or section 351 of the Public Health Service Act. (C) Rule of construction For purposes of this paragraph, the phrase approved under section 505(c) of this Act or section 351 of the Public Health Service Act shall not be construed to include a provisional approval under paragraph (1). (5) Withdrawal (A) In general Subsection (b)(3) shall apply to a drug subject to a provisional approval under this subsection in the same manner as such subsection applies to any fast track product. (B) Additional withdrawal authority In addition to subparagraph (A) , the Secretary may withdraw approval of a fast track product using the expedited procedures applied under subsection (b)(3) if the requirements of paragraph (3)(A) have not been met with respect to the drug. (6) Impact on marketing exclusivity The rules related to marketing exclusivity under sections 505(c)(3)(E), 505(j)(5)(F), 505A, and 527 shall apply to a drug subject to provisional approval under this subsection in the same manner that such rules apply to drugs approved under section 505 of this Act or section 351 of the Public Health Service Act, except that the period of provisional approval under this subsection for a drug shall be an addition to the applicable period of marketing exclusivity for such drug. . (b) Misbranding for marketing of terminated drug Section 502 of the Federal Food, Drug, and Cosmetic Act is amended by adding at the end the following: (bb) If it is a drug that is introduced or delivered for introduction into interstate commerce after the date of the termination of the provisional approval for such drug under section 506(f), unless, on or before the date such drug is so introduced or delivered, such drug is approved under section 505(c) of this Act or section 351 of the Public Health Service Act. . (c) Conforming amendments The chapter V of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 351 ) is further amended— (1) in section 502(a), by inserting (or an indication subject to a provisional approval under section 506(f)) after an indication approved under section 505 or under section 351(a) of the Public Health Service Act ; (2) in section 506A— (A) in subsection (a), by inserting (or a provisional approval under section 506(f)) after a license under section 351 of the Public Health Service Act ; and (B) by adding at the end the following: (e) Special rule for drugs subject to provisional approval In the case of a drug subject to a provisional approval under section 506(f), any reference to safety and efficacy under this section shall be treated as a reference to adequate safety, as such term is defined for purposes of such section 506(f). ; (3) in section 506B(a), by adding at the end the following: (3) Special rule for provisional approval A sponsor of a drug that is subject to a provisional approval under section 506(f) shall submit the reports required under this section on the studies conducted on such drug that are described in section 506(f)(3)(B). For purposes of this section, such reports shall be treated as reports on postmarketing studies described in paragraph (1). ; and (4) in section 551(b)(1)(A) by inserting (or a provisional approval under section 506(f)) after Public Health Service Act . | https://www.govinfo.gov/content/pkg/BILLS-113hr2090ih/xml/BILLS-113hr2090ih.xml |
113-hr-2091 | I 113th CONGRESS 1st Session H. R. 2091 IN THE HOUSE OF REPRESENTATIVES May 22, 2013 Mrs. Bachmann introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 36, United States Code, to require that the POW/MIA flag be displayed on all days that the flag of the United States is displayed on certain Federal property.
1. Days on which the POW/MIA flag is displayed on certain Federal property Section 902 of title 36, United States Code, is amended by striking subsection (c) and inserting the following new subsection: (c) Days for Flag Display For the purposes of this section, POW/MIA flag display days are all days on which the flag of the United States is displayed. . | https://www.govinfo.gov/content/pkg/BILLS-113hr2091ih/xml/BILLS-113hr2091ih.xml |
113-hr-2092 | I 113th CONGRESS 1st Session H. R. 2092 IN THE HOUSE OF REPRESENTATIVES May 22, 2013 Mrs. Brooks of Indiana (for herself, Mrs. Walorski , Mr. Messer , and Ms. Jenkins ) introduced the following bill; which was referred to the Committee on House Administration , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title 5, United States Code, to provide that retirement credit for service as a Member of Congress be denied in the case of a former Member convicted of a felony, and for other purposes.
1. Short title This Act may be cited as the Respecting the Institution of Congress Act . 2. Amendments relating to the Civil Service Retirement System (a) Extension to former Members, etc Paragraph (2)(A) of section 8332(o) of title 5, United States Code, is amended— (1) in clause (i), by striking the period at the end the inserting the following: , or a former Member, former President, or former Vice President. ; (2) by repealing clause (ii); and (3) in clause (iii)— (A) by striking or at the end of subclause (I)(bb); (B) by inserting or at the end of subclause (II)(bb); and (C) by adding after subclause (II) the following: (III) is committed after the date of enactment of the Respecting the Institution of Congress Act and is described under subparagraph (B)(xxxii). . (b) Extension to all felonies Section 8332(o)(2)(B) of such title is amended by adding at the end the following: (xxxii) (I) An offense, not otherwise described under this subparagraph, which is a felony under the laws of a State or the United States. (II) For purposes of this clause, the term State includes the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the Virgin Islands. . 3. Amendments relating to the Federal Employees’ Retirement System Section 8411(l)(2) of title 5, United States Code, is amended— (1) in subparagraph (A), by striking the period at the end the inserting the following: , or a former Member, former President, or former Vice President. ; (2) by repealing subparagraph (B); and (3) in subparagraph (C), by striking all that follows is committed and inserting after the date determined in accordance with section 8332(o)(2)(A)(iii). . 4. Applicability None of the amendments made by this Act shall apply in the case of any individual whose last day of service as a Member (within the meaning of section 8331(2) or 8401(20) of title 5, United States Code) occurs on or before the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr2092ih/xml/BILLS-113hr2092ih.xml |
113-hr-2093 | I 113th CONGRESS 1st Session H. R. 2093 IN THE HOUSE OF REPRESENTATIVES May 22, 2013 Mr. Murphy of Pennsylvania (for himself, Mr. Latta , Mr. Meadows , Mr. Fleischmann , Mr. Loebsack , Mr. Shuster , Mr. Westmoreland , Mr. King of Iowa , Mr. Griffin of Arkansas , Mr. Cramer , Mr. Long , Mr. Mullin , Mr. Hall , Mr. Cole , Mr. Smith of Nebraska , Mr. Cassidy , Mr. Olson , Mr. Lankford , Mr. Lucas , Mr. Guthrie , Mr. Rokita , and Mr. Nugent ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Toxic Substances Control Act relating to lead-based paint renovation and remodeling activities.
1. Short title This Act may be cited as the Lead Exposure Reduction Amendments Act of 2013 . 2. Definitions Section 401 of the Toxic Substances Control Act ( 15 U.S.C. 2681 ) is amended— (1) in paragraph (1)— (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting the clauses appropriately; (B) in the first sentence, by striking The term and inserting the following: (A) In general The term ; (C) by striking Such term includes— and inserting the following: (B) Inclusions The term abatement includes— ; and (D) by adding at the end the following: (C) Exclusions The term abatement does not include any renovation, remodeling, or other activity— (i) the primary purpose of which is to repair, restore, or remodel target housing, public buildings constructed before 1978, or commercial buildings; and (ii) that incidentally results in a reduction or elimination of lead-based paint hazards. ; (2) by redesignating— (A) paragraphs (4) through (12) as paragraphs (5) through (13); (B) paragraph (13) as paragraph (15); and (C) paragraphs (14) through (17) and paragraphs (18) through (21), respectively; (3) by inserting after paragraph (3) the following: (4) Emergency renovation The term emergency renovation means a renovation or remodeling activity that is carried out in response to an event— (A) that is an act of God, as that term is defined in section 101(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980; or (B) that if not attended to as soon as is practicable— (i) presents a risk to the public health or safety; or (ii) threatens to cause significant damage to equipment or property. ; (4) by striking paragraph (10) (as redesignated by paragraph (2)) and inserting the following: (10) Lead-based paint (A) In general The term lead-based paint means paint or other surface coatings that contain lead in excess of— (i) 1.0 milligrams per centimeter squared; or (ii) 0.5 percent by weight. (B) Target housing With respect to paint or other surface coatings on target housing, the term lead-based paint means paint or other surface coatings that contain lead in excess of the lower of— (i) the level described in subparagraph (A); or (ii) a level established by the Secretary of Housing and Urban Development under section 302(c) of the Lead-Based Paint Poisoning Prevention Act. ; (5) by inserting after paragraph (13) (as redesignated by paragraph (2)) the following: (14) Postabatement clearance testing The term postabatement clearance testing means testing that— (A) is carried out upon the completion of any lead-based paint activity to ensure that— (i) the reduction is complete; and (ii) no lead-based paint hazards remain in the area in which the lead-based paint activity occurs; and (B) includes a visual assessment and the collection and analysis of environmental samples from an area in which lead-based paint activities occur. ; and (6) by inserting after paragraph (15) (as redesignated by paragraph (2)) the following: (16) Renovation The term renovation has the meaning given such term in section 745.83 of title 40, Code of Federal Regulations, as in effect on the date of enactment of this paragraph. (17) Renovation and remodeling regulation The term renovation and remodeling regulation means a regulation promulgated under section 402(a) and revised pursuant to section 402(c)(3)(A), as such regulation is applied to renovation or remodeling activities in target housing, public buildings constructed before 1978, and commercial buildings. . 3. Lead-based paint activities training and certification Section 402(c) of the Toxic Substances Control Act ( 15 U.S.C. 2682(c) ) is amended— (1) by striking paragraph (2) and inserting the following: (2) Study of certification (A) In general Not later than 1 year prior to proposing any renovation and remodeling regulation after the date of enactment of the Lead Exposure Reduction Amendments Act of 2012, the Administrator shall conduct, submit to the Congress, and make available for public comment (after peer review) the results of, a study of the extent to which persons engaged in various types of renovation and remodeling activities in target housing, public buildings constructed before 1978, or commercial buildings— (i) are exposed to lead in the conduct of such activities; and (ii) disturb lead and create a lead-based paint hazard on a regular or occasional basis in the conduct of such activities. (B) Scope and coverage Each study conducted under subparagraph (A) shall consider the risks described in clauses (i) and (ii) of such subparagraph with respect to each separate building type described in such subparagraph, as the regulation to be proposed would apply to each such building type. ; (2) in paragraph (3)— (A) in the first sentence by striking Within 4 years and inserting the following: (A) In general Not later than 4 years ; and (B) by adding at the end the following: (B) Exemption An emergency renovation shall be exempt from any renovation and remodeling regulation, and a person carrying out an emergency renovation shall be exempt from any regulation promulgated under section 406(b) with respect to the emergency renovation. (C) Prohibition on postabatement clearance requirement No renovation and remodeling regulation may require postabatement clearance testing. ; and (3) by adding at the end the following: (4) Target housing owners (A) In general Not later than 60 days after the date of enactment of this paragraph, and subject to subparagraph (B), the Administrator shall promulgate regulations to permit an owner of a residential dwelling that is target housing, who resides in such residential dwelling, to authorize a contractor to forgo compliance with the requirements of a renovation and remodeling regulation with respect to such residential dwelling. (B) Written certification The regulations promulgated under subparagraph (A) shall require that an owner of a residential dwelling that is target housing, who resides in such residential dwelling, may only authorize a contractor to forgo compliance with the requirements of a renovation and remodeling regulation if the owner submits to such contractor a written certification stating that— (i) the renovation or remodeling project is to be carried out at the residential dwelling in which the owner resides; (ii) no pregnant woman or child under the age of 6 resides in the residential dwelling as of the date on which the renovation or remodeling project commences, or will reside in the residential dwelling for the duration of such project; and (iii) the owner acknowledges that, in carrying out the project, such contractor will be exempt from the requirements of a renovation and remodeling regulation. (C) Restriction A contractor may not forgo compliance with the requirements of a renovation and remodeling regulation pursuant to a written certification submitted under subparagraph (B) if such contractor has actual knowledge of a pregnant woman or child under the age of 6 residing in the residential dwelling as of the date on which the renovation or remodeling commences (and for the duration of such project). (D) Limitation of contractor liability The Administrator may not hold a contractor responsible for a misrepresentation made by the owner of a residential dwelling in a written certification submitted under subparagraph (B), unless the contractor has actual knowledge of such a misrepresentation. (5) Test kits (A) In general (i) Recognition The Administrator shall recognize for use under this title a qualifying test kit, and publish in the Federal Register notice of such recognition. (ii) Suspension of enforcement of certain regulations If, not later than 1 year after the date of enactment of this paragraph, the Administrator does not recognize a qualifying test kit under clause (i), the Administrator— (I) shall publish in the Federal Register notice of such failure to recognize a qualifying test kit; and (II) except as provided in clause (iii), may not enforce any post-1960 building renovation and remodeling regulation, with respect to a period beginning on the date that is 1 year after the date of enactment of this paragraph and ending on the date that is 6 months after the date on which the Administrator— (aa) recognizes for use under this title a qualifying test kit; and (bb) publishes in the Federal Register notice of such recognition and of the date on which enforcement of the post-1960 building renovation and remodeling regulations will resume. (iii) Applicability of suspension The Administrator shall not suspend enforcement of any post-1960 building renovation and remodeling regulation for the period described in clause (ii)(II) with respect to a residential dwelling in which a pregnant woman or child under the age of 6 resides. (B) Qualifying test kit In this subsection, the term qualifying test kit means a chemical test that— (i) can determine the presence of lead-based paint, as defined in section 401(10)(A); (ii) has a false positive response rate of 10 percent or less; (iii) has a false negative response rate of 5 percent or less; (iv) does not require the use of off-site laboratory analysis to obtain results; (v) is inexpensively and commercially available; and (vi) does not require special training to use. (C) Post-1960 building renovation and remodeling regulation In this subsection, the term post-1960 building renovation and remodeling regulation means a renovation and remodeling regulation, as it applies to— (i) target housing constructed after January 1, 1960; (ii) public buildings constructed between January 1, 1960 and January 1, 1978; and (iii) commercial buildings constructed after January 1, 1960. (6) Applicability of certain penalties Any renovation and remodeling regulation requiring the submission of documentation to the Administrator shall provide— (A) an exemption from an applicable penalty for failure to comply with such requirement for a person who— (i) is submitting the required documentation for the first time; and (ii) submits documentation that contains only de minimus or typographical errors, as determined by the Administrator; and (B) a process by which a person described in subparagraph (A) may resubmit the required documentation. (7) Accreditation of recertification courses The hands-on training requirements required by subsection (a)(2)(D) shall not apply to any recertification course accredited by the Environmental Protection Agency that is otherwise required to be completed under this title by a person that is certified to engage in renovation and remodeling activities. . | https://www.govinfo.gov/content/pkg/BILLS-113hr2093ih/xml/BILLS-113hr2093ih.xml |
113-hr-2094 | I 113th CONGRESS 1st Session H. R. 2094 IN THE HOUSE OF REPRESENTATIVES May 22, 2013 Mr. Roe of Tennessee (for himself and Mr. Hoyer ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to increase the preference given, in awarding certain asthma-related grants, to certain States (those allowing trained school personnel to administer epinephrine and meeting other related requirements).
1. Short title This Act may be cited as the School Access to Emergency Epinephrine Act . 2. Additional preference to certain States that allow trained school personnel to administer epinephrine Section 399L(d) of part P of title III of the Public Health Service Act ( 42 U.S.C. 280g(d) ) is amended— (1) in paragraph (1), by adding at the end the following: (F) School personnel administration of epinephrine In determining the preference (if any) to be given to a State under this subsection, the Secretary shall give additional preference to a State that provides to the Secretary the certification described in subparagraph (G) and that requires that each public elementary school and secondary school in the State— (i) permits trained personnel of the school to administer epinephrine to any student of the school reasonably believed to be having an anaphylactic reaction; (ii) maintains a supply of epinephrine in a secure location that is easily accessible to trained personnel of the school for the purpose of administration to any student of the school reasonably believed to be having an anaphylactic reaction; and (iii) has in place a plan for having on the premises of the school during all operating hours of the school one or more individuals who are trained personnel of the school. (G) Civil liability protection law The certification required in subparagraph (F) shall be a certification made by the State attorney general that the State has reviewed any applicable civil liability protection law to determine the application of such law with regard to elementary and secondary school trained personnel who may administer epinephrine to a student reasonably believed to be having an anaphylactic reaction and has concluded that such law provides adequate civil liability protection applicable to such trained personnel. For purposes of the previous sentence, the term civil liability protection law means a State law offering legal protection to individuals who give aid on a voluntary basis in an emergency to an individual who is ill, in peril, or otherwise incapacitated. ; and (2) in paragraph (3), by adding at the end the following: (E) The term trained personnel means, with respect to an elementary or secondary school, an individual— (i) who has been designated by the principal (or other appropriate administrative staff) of the school to administer epinephrine on a voluntary basis outside their scope of employment; (ii) who has received training in the administration of epinephrine; and (iii) whose training in the administration of epinephrine meets appropriate medical standards and has been documented by appropriate administrative staff of the school. . | https://www.govinfo.gov/content/pkg/BILLS-113hr2094ih/xml/BILLS-113hr2094ih.xml |
113-hr-2095 | I 113th CONGRESS 1st Session H. R. 2095 IN THE HOUSE OF REPRESENTATIVES May 22, 2013 Mr. Bishop of Utah introduced the following bill; which was referred to the Committee on Natural Resources A BILL To prohibit an increase in the lands administered by the Bureau of Land Management until a centralized database of all lands identified as suitable for disposal by Resource Management Plans for lands under the administrative jurisdiction of the Bureau is easily accessible to the public on a website of the Bureau.
1. Prohibition on acquisition of land (a) Short title This Act may be cited as the Land Disposal Transparency and Efficiency Act . (b) Prohibition on acquisition of land No land or interests in land may be added by acquisition, donation, transfer of administrative jurisdiction, or otherwise to the inventory of land and interests in land administered by the Bureau of Land Management until a centralized database of all lands identified as suitable for disposal by Resource Management Plans for lands under the administrative jurisdiction of the Bureau is easily accessible to the public on a website of the Bureau. | https://www.govinfo.gov/content/pkg/BILLS-113hr2095ih/xml/BILLS-113hr2095ih.xml |
113-hr-2096 | I 113th CONGRESS 1st Session H. R. 2096 IN THE HOUSE OF REPRESENTATIVES May 22, 2013 Mr. Grayson introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Fair Labor Standards Act to require that employers provide a minimum of 1 week of paid annual leave to employees.
1. Short title This Act may be cited as the Paid Vacation Act . 2. Entitlement to vacation Section 7 of the Fair Labor Standards Act ( 29 U.S.C. 207 ) is amended by inserting after subsection (b) the following: (c) (1) Beginning on the date of enactment of the Paid Vacation Act , an eligible employee of an employer that employs 100 or more employees at any time during a calendar year shall be entitled to a total of 1 workweek of paid vacation during each 12-month period. (2) Beginning on the date that is 3 years after the date of enactment of the Paid Vacation Act , an eligible employee of an employer that employs 50 or more employees at any time during a calendar year shall be entitled to a total of 1 workweek of paid vacation during each 12-month period, and an eligible employee of an employer that employs 100 or more employees shall be entitled to a total of 2 workweeks of paid vacation during each 12-month period, beginning on that eligible employee's first anniversary of employment. (3) An eligible employee shall provide the employer with not less than 30 days' notice, before the date the paid vacation under paragraph (1) or (2) is to begin, of the employee's intention to take paid vacation under such paragraph, and identify the date such paid vacation shall begin. (4) For purposes of this subsection— (A) the term eligible employee means an employee who has been employed for at least 12 months by the employer with respect to whom leave is requested under paragraph (1) or (2) and for at least 1,250 hours of service with such employer during such 12-month period; and (B) the term 1 workweek of paid vacation means vacation time, in addition to and apart from sick leave and any leave otherwise required by law, to be taken in a continuous series or block of work days comprising 7 calendar days that cannot be rolled over, but must be used within the 12-month period. (5) The exemptions to this section provided in section 13 shall not apply to this subsection. . 3. Public awareness campaign by Department of Labor The Secretary of Labor is authorized to conduct a public awareness campaign, through the Internet and other media, to inform the public of the entitlement to leave afforded by this Act. There is authorized to be appropriated such sums as may be necessary for the public awareness campaign. 4. Study on productivity The Secretary of Labor shall conduct a study on workplace productivity and the effect on productivity of the leave requirement in this Act. The study shall also address any benefits to public health and psychological well-being as a result of such leave. Not later than 3 years after the date of enactment of this Act, the Secretary shall transmit to Congress a report containing the findings of the study, and shall publish such findings on the website of the Department of Labor. | https://www.govinfo.gov/content/pkg/BILLS-113hr2096ih/xml/BILLS-113hr2096ih.xml |
113-hr-2097 | I 113th CONGRESS 1st Session H. R. 2097 IN THE HOUSE OF REPRESENTATIVES May 22, 2013 Mr. Calvert introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the National Environmental Policy Act of 1969 to authorize assignment to States of Federal agency environmental review responsibilities, and for other purposes.
1. Short title This Act may be cited as the Reducing Environmental Barriers to Unified Infrastructure and Land Development Act of 2013 Act or the REBUILD Act . 2. Assignment to States of Federal environmental review responsibilities Title I of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4331 et seq. ) is amended by adding at the end the following new section: 106. Assignment to States of environmental review responsibilities with respect to certain projects in the State (a) Assumption of responsibility (1) In general Subject to the other provisions of this section, with the written agreement of the responsible Federal official and a State, which may be in the form of a memorandum of understanding, the responsible Federal official may assign, and the State may assume, the responsibilities of the responsible Federal official under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to one or more covered Federal projects of the responsible Federal official within the State. (2) Additional responsibility If a State assumes responsibility under paragraph (1) the responsible Federal official may assign to the State, and the State may assume, all or part of the responsibilities of the responsible Federal official for environmental review, consultation, or other action required under any Federal environmental law pertaining to the review or approval of covered projects of the responsible Federal official. (3) Procedural and substantive requirements A State shall assume responsibility under this section subject to the same procedural and substantive requirements as would apply if that responsibility were carried out by the responsible Federal official. (4) Federal responsibility Any responsibility of the responsible Federal official not explicitly assumed by the State by written agreement under this section shall remain the responsibility of the responsible Federal official. (5) No effect on authority Nothing in this section preempts or interferes with any power, jurisdiction, responsibility, or authority of an agency, other than the agency of the responsible Federal official for a covered project, under applicable law (including regulations) with respect to the project. (b) State Participation (1) Application Not later than 180 days after the date of enactment of this section, each responsible Federal official shall promulgate regulations that establish requirements relating to information required to be contained in any application of a State to assume responsibility under this section with respect to covered Federal projects of the responsible Federal official, including, at a minimum— (A) the projects or classes of projects for which the State anticipates exercising the authority that may be granted under this section; (B) verification of the financial resources necessary to carry out the authority that may be assigned under this section; and (C) evidence of the notice and solicitation of public comment by the State relating to assumption of responsibility under this section by the State, including copies of comments received from that solicitation. (2) Public notice (A) In general Each State that submits an application under this subsection shall give notice of the intent of the State to submit such application not later than 30 days before the date of submission of the application. (B) Method of notice and solicitation The State shall provide notice and solicit public comment under this paragraph by publishing the complete application of the State in accordance with the appropriate public notice law of the State. (3) Selection criteria A responsible Federal official may approve the application of a State under this section only if— (A) the regulatory requirements under paragraph (2) have been met; (B) the responsible Federal official determines that the State has the capability, including financial and personnel, to assume the responsibility; and (C) the head of the State agency having primary jurisdiction over covered projects with respect to which responsibility would be assigned to the State pursuant to the application enters into a written agreement with the responsible Federal official described in subsection (c). (4) Other Federal agency views If a State applies to assume a responsibility of a responsible Federal official that would have required the responsible Federal official to consult with another Federal agency, the responsible Federal official shall solicit the views of the Federal agency before approving the application. (c) Written Agreement A written agreement under this section shall— (1) be executed by the Governor of the State or the head of the State agency referred to in subsection (b)(3)(C); (2) be in such form as the responsible Federal official may prescribe; and (3) provide that the State— (A) agrees to assume all or part of the responsibilities of the responsible Federal official described in subsection (a); (B) expressly consents, on behalf of the State, to accept the jurisdiction of the Federal courts for the compliance, discharge, and enforcement of any responsibility of the responsible Federal official assumed by the State; (C) certifies that State laws (including regulations) are in effect that— (i) authorize the State to take the actions necessary to carry out the responsibilities being assumed; and (ii) are comparable to section 552 of title 5, including providing that any decision regarding the public availability of a document under those State laws is reviewable by a court of competent jurisdiction; and (D) agrees to maintain the financial resources necessary to carry out the responsibilities being assumed. (d) Jurisdiction (1) In general The United States district courts shall have exclusive jurisdiction over any civil action against a State for failure to carry out any responsibility of the State under this section. (2) Legal standards and requirements A civil action under paragraph (1) shall be governed by the legal standards and requirements that would apply in such a civil action against the responsible Federal official had the responsible Federal official taken the actions in question. (3) Intervention The responsible Federal official shall have the right to intervene in any action described in paragraph (1). (e) Effect of Assumption of Responsibility A State that assumes responsibility under subsection (a) shall be solely responsible and solely liable for carrying out, in lieu of the responsible Federal official, the responsibilities assumed under subsection (a), until the termination of such assumption of responsibility. (f) Limitations on Agreements Nothing in this section permits a State to assume any rulemaking authority of the responsible Federal official under any Federal law. (g) Audits (1) In general To ensure compliance by a State with any agreement of the State under subsection (c) (including compliance by the State with all Federal laws for which responsibility is assumed under subsection (a)), for each State participating in the program under this section, the responsible Federal official shall conduct— (A) semiannual audits during each of the first 2 years of the effective period of the agreement; and (B) annual audits during each subsequent year of such effective period. (2) Public availability and comment (A) In general An audit conducted under paragraph (1) shall be provided to the public for comment for a 30-day period. (B) Response Not later than 60 days after the date on which the period for public comment ends, the responsible Federal official shall respond to public comments received under subparagraph (A). (h) Report to Congress Each responsible Federal official shall submit to Congress an annual report that describes the administration of this section by such official. (i) Termination by responsible Federal official The responsible Federal official with respect to an agreement with a State under this section may terminate the agreement and any responsibility or authority of the State under this section with respect to such agreement, if— (1) the responsible Federal official determines that the State is not adequately carrying out the responsibilities assumed by the State under this section; (2) the responsible Federal official provides to the State— (A) notification of the determination of noncompliance; and (B) a period of at least 30 days during which to take such corrective action as the responsible Federal official determines is necessary to comply with the applicable agreement; and (3) the State, after the notification and period provided under subparagraph (B), fails to take satisfactory corrective action, as determined by responsible Federal official. (j) Definitions In this section: (1) covered Federal project The term covered Federal project means— (A) (i) except as provided in clause (ii) and subparagraph (B), any project that is funded by, carried out by, or subject to approval or disapproval by a responsible official, including any project for which a permit or other authorization by a responsible Federal official is required; and (ii) in the case of projects funded, carried out by, or subject to review, approval, or disapproval by the Secretary of the Army, and except as provided in subparagraph (B), includes only such projects of the Corps of Engineers; and (B) the preparation of any statement required by section 102(2)(C). (2) responsible Federal official The term responsible Federal official means— (A) the Secretary of the Interior; (B) the Secretary of Transportation; (C) the Administrator of the Environmental Protection Agency; (D) the Secretary of the Army; and (E) the head of a Federal agency, with respect to the preparation of statements under section 102(2)(C) for major Federal actions (as that term is used in that section) of the agency. . | https://www.govinfo.gov/content/pkg/BILLS-113hr2097ih/xml/BILLS-113hr2097ih.xml |
113-hr-2098 | I 113th CONGRESS 1st Session H. R. 2098 IN THE HOUSE OF REPRESENTATIVES May 22, 2013 Mr. Huizenga of Michigan (for himself, Mrs. Carolyn B. Maloney of New York , Mr. Franks of Arizona , Mr. Royce , Mr. Sensenbrenner , Mr. Jones , Mrs. Blackburn , Mr. Duncan of South Carolina , Mr. Walberg , Mr. LoBiondo , Mr. Mulvaney , Mr. Upton , Mrs. Miller of Michigan , and Mr. Benishek ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to require Federal Prison Industries to compete for its contracts minimizing its unfair competition with private sector firms and their non-inmate workers and empowering Federal agencies to get the best value for taxpayers’ dollars, to provide a five-year period during which Federal Prison Industries adjusts to obtaining inmate work opportunities through other than its mandatory source status, to enhance inmate access to remedial and vocational opportunities and other rehabilitative opportunities to better prepare inmates for a successful return to society, to authorize alternative inmate work opportunities in support of non-profit organizations and other public service programs, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Federal Prison Industries Competition in Contracting Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Governmentwide procurement policy relating to purchases from Federal Prison Industries. Sec. 3. Public participation regarding expansion proposals by Federal Prison Industries. Sec. 4. Transitional mandatory source authority. Sec. 5. Authority to perform as a Federal subcontractor. Sec. 6. Inmate wages and deductions. Sec. 7. Clarifying amendment relating to services. Sec. 8. Conforming amendment. Sec. 9. Rules of construction relating to chapter 307. Sec. 10. Providing additional rehabilitative opportunities for inmates. Sec. 11. Re-entry employment preparation through work-based training and apprenticeship. Sec. 12. Director of the Bureau of Prisons. Sec. 13. Restructuring the Board of Directors. Sec. 14. Management matters. Sec. 15. Transitional personnel management authority. Sec. 16. Federal Prison Industries report to Congress. Sec. 17. Definitions. Sec. 18. Implementing regulations and procedures. Sec. 19. Rules of construction. Sec. 20. Effective date and applicability. Sec. 21. Clerical amendments. 2. Governmentwide procurement policy relating to purchases from Federal Prison Industries Section 4124 of title 18, United States Code, is amended to read as follows: 4124. Governmentwide procurement policy relating to purchases from Federal Prison Industries (a) In general Purchases from Federal Prison Industries, Incorporated, a wholly owned Government corporation, as referred to in section 9101(3)(E) of title 31, may be made by a Federal department or agency only in accordance with this section. (b) Solicitation and evaluation of offers and contract awards (1) (A) If a procurement activity of a Federal department or agency has a requirement for a specific product or service that is authorized to be offered for sale by Federal Prison Industries, in accordance with section 4122 of this title, and is listed in the catalog referred to in subsection (g), the procurement activity shall solicit an offer from Federal Prison Industries, if the purchase is expected to be in excess of the micro-purchase threshold (as defined by section 32(f) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 428(f) )). (B) The requirements of subparagraph (A) shall also apply to a procurement that a Federal department or agency intends to meet by placing an order against a contract maintained by the General Services Administration under the Multiple Award Schedule Contracts Program. (C) Federal Prison Industries, upon its request, shall be listed on any Schedule, referred to in subparagraph (B), as offering products or services which Federal Prison Industries believes to be comparable to those products and services being offered by commercial contractors through the Multiple Award Schedule Contracts Program. (2) A contract award for such product or service shall be made using competitive procedures in accordance with the applicable evaluation factors, unless a determination is made by the Attorney General pursuant to paragraph (3) or an award using other than competitive procedures is authorized pursuant to paragraph (7). (3) The procurement activity shall negotiate with Federal Prison Industries on a noncompetitive basis for the award of a contract if the Attorney General determines that— (A) Federal Prison Industries cannot reasonably expect fair consideration to receive the contract award on a competitive basis; and (B) the contract award is necessary to maintain work opportunities otherwise unavailable at the penal or correctional facility at which the contract is to be performed to prevent circumstances that could reasonably be expected to significantly endanger the safe and effective administration of such facility. (4) Except in the case of an award to be made pursuant to paragraph (3), a contract award shall be made with Federal Prison Industries only if the contracting officer for the procurement activity determines that— (A) the specific product or service to be furnished will meet the requirements of the procurement activity (including any applicable prequalification requirements and all specified commercial or governmental standards pertaining to quality, testing, safety, serviceability, and warranties); (B) timely performance of the contract can be reasonably expected; and (C) the contract price does not exceed a current market price. (5) A determination by the Attorney General pursuant to paragraph (3) shall be— (A) supported by specific findings by the warden of the penal or correctional institution at which a Federal Prison Industries workshop is scheduled to perform the contract; (B) supported by specific findings by Federal Prison Industries regarding why it does not expect to win the contract on a competitive basis; and (C) made and reported in the same manner as a determination made pursuant to section 303(c)(7) of the Federal Property and Administrative Services Act of 1949 ( 41 U.S.C. 253(c)(7) ). (6) If the Attorney General has not made the determination described in paragraph (3) within 30 days after Federal Prison Industries has been informed of a contracting opportunity by a procurement activity, the procurement activity may proceed to conduct a procurement for the product or service in accordance with the procedures generally applicable to such procurements by the procurement activity. (7) A contract award may be made to Federal Prison Industries using other than competitive procedures if such product or service is only available from Federal Prison Industries and the contract may be awarded under the authority of section 2304(c)(1) of title 10 or section 303(c) of the Federal Property and Administrative Services Act of 1949 ( 41 U.S.C. 253(c)(1) ), as may be applicable, and pursuant to the justification and approval requirements relating to such noncompetitive procurements specified by law and the Governmentwide Federal Acquisition Regulation. (8) A contract award may be made to Federal Prison Industries using other than competitive procedures by the Federal Bureau of Prisons. (9) A solicitation for a contract shall first be made to Federal Prison Industries using other than competitive procedures if the product or service to be acquired would otherwise be furnished by a contractor performing the work outside of the United States. (c) Offers from Federal Prison Industries (1) A timely offer received from Federal Prison Industries to furnish a product or service to a Federal department or agency shall be considered for award without limitation as to the dollar value of the proposed purchase, unless the contract opportunity has been reserved for competition exclusively among small business concerns pursuant to section 15(a) of the Small Business Act ( 15 U.S.C. 644(a) ) and its implementing regulations. (2) (A) Any offer made by Federal Prison Industries to furnish a product or service may exclude from the offered price the following: (i) The costs related to security of the facilities at which the contract will be performed. (ii) The costs of educating and training the prison work force performing the contract. (iii) Excess capital costs of machinery and excess inventories used within a prison environment that are the result of the unique environment of prison life. (iv) Other costs of performing the contract resulting from the unique environment of prison facilities. (d) Performance by Federal Prison Industries Federal Prison Industries shall perform its contractual obligations under a contract awarded by a Federal department or agency to the same extent as any other contractor. (e) Finality of contracting officer’s decision (1) A decision by a contracting officer regarding the award of a contract to Federal Prison Industries or relating to the performance of such contract shall be final, unless reversed on appeal pursuant to paragraph (2) or (3). (2) (A) The Chief Operating Officer of Federal Prison Industries may protest a decision by a contracting officer not to award a contract to Federal Prison Industries pursuant to subsection (b)(4), in accordance with section 33.103, (Protests to the agency) of the Federal Acquisition Regulation (48 CFR part 33.103). (B) In the event of an adverse decision of a protest filed pursuant to subparagraph (A), the Assistant Attorney General for Administration may request a reconsideration of such adverse decision by the head of the Federal agency or department, which shall be considered de novo and the decision issued by such agency head on a non-delegable basis. Such decision upon reconsideration by the agency head shall be final. (3) A dispute between Federal Prison Industries and a procurement activity regarding performance of a contract shall be subject to— (A) alternative means of dispute resolution pursuant to subchapter IV of chapter 5 of title 5; or (B) final resolution by the board of contract appeals having jurisdiction over the procurement activity’s contract performance disputes pursuant to the Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.). (f) Reporting of purchases Each Federal department or agency shall report purchases from Federal Prison Industries to the Federal Procurement Data System (as referred to in section 6(d)(4) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 405(d)(4) )) in the same manner as it reports to such System any acquisition in an amount in excess of the simplified acquisition threshold (as defined by section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11))). (g) Catalog of products Federal Prison Industries shall publish and maintain a catalog of all specific products and services that it is authorized to offer for sale. Such catalog shall be periodically revised as products and services are added or deleted by its board of directors (in accordance with section 4122(b) of this title). (h) Compliance with standards Federal Prison Industries shall be subject to Federal occupational, health, and safety standards with respect to the operation of its industrial operations. . 3. Public participation regarding expansion proposals by Federal Prison Industries Section 4122(b) of title 18, United States Code, is amended— (1) by redesignating paragraph (6) as paragraph (13); and (2) by striking paragraphs (4) and (5) and inserting the following new paragraphs: (4) (A) Federal Prison Industries is authorized to offer a new specific product or furnish a new specific service in response to a competitive solicitation or other purchase request issued by a Federal department or agency. No subsequent offering of such product or service may be made by Federal Prison Industries until the board of directors has approved the offering for sale of such new specific product or new specific service, in conformance with the requirements of paragraphs (5) through (9). (B) Federal Prison Industries may produce a product or furnish a service in excess of the authorized level of production for such product or service, in response to an order placed pursuant to an existing contract with a Federal department or agency, if the agency’s need for the product or service is of such an urgency that it would justify the use of procedures other than competitive procedures pursuant to section 2304(c)(2) of title 10 or section 303(c)(2) of the Federal Property and Administrative Services Act of 1949 ( 41 U.S.C. 253(c)(2) ), as may be applicable. (5) A decision to authorize Federal Prison Industries to offer a new specific product or specific service or to expand the production of an existing product or service for sale to the Federal Government shall be made by its board of directors in conformance with the requirements of subsections (b), (c), (d), and (e) of section 553 of title 5, and this chapter. (6) (A) Whenever Federal Prison Industries proposes to offer for sale a new specific product or specific service or to expand production of a currently authorized product or service, the Chief Operating Officer of Federal Prison Industries shall submit an appropriate proposal to the board of directors and obtain the board’s approval before initiating any such expansion. The proposal submitted to the board shall include a detailed analysis of the probable impact of the proposed expansion of sales within the Federal market by Federal Prison Industries on private sector firms and their non-inmate workers. (B) (i) The analysis required by subparagraph (A) shall be performed by an interagency team on a reimbursable basis or by a private contractor paid by Federal Prison Industries. (ii) If the analysis is to be performed by an interagency team, such team shall be led by the Administrator of the Small Business Administration or the designee of such officer with representatives of the Department of Labor, the Department of Commerce, and the Federal Procurement Data Center. (iii) If the analysis is to be performed by a private contractor, the selection of the contractor and the administration of the contract shall be conducted by one of the entities referenced in clause (ii) as an independent executive agent for the board of directors. Maximum consideration shall be given to any proposed statement of work furnished by the Chief Operating Officer of Federal Prison Industries. (C) The analysis required by subparagraph (A) shall identify and consider— (i) the number of vendors that currently meet the requirements of the Federal Government for the specific product or specific service; (ii) the proportion of the Federal Government market for the specific product or specific service currently furnished by small businesses during the previous 3 fiscal years; (iii) the share of the Federal market for the specific product or specific service projected for Federal Prison Industries for the fiscal year in which production or performance will commence or expand and the subsequent 4 fiscal years; (iv) whether the industry producing the specific product or specific service in the private sector— (I) has an unemployment rate higher than the national average; or (II) has a rate of unemployment for workers that has consistently shown an increase during the previous 5 years; (v) whether the specific product is an import-sensitive product; (vi) the requirements of the Federal Government and the demands of entities other than the Federal Government for the specific product or service during the previous 3 fiscal years; (vii) the projected growth or decline in the demand of the Federal Government for the specific product or specific service; (viii) the capability of the projected demand of the Federal Government for the specific product or service to sustain both Federal Prison Industries and private vendors; and (ix) whether authorizing the production of the new product or performance of a new service will provide inmates with the maximum opportunity to acquire knowledge and skill in trades and occupations that will provide them with a means of earning a livelihood upon release. (D) (i) The board of directors may not approve a proposal to authorize the production and sale of a new specific product or continued sale of a previously authorized product unless— (I) the product to be furnished is a prison-made product; or (II) the service to be furnished is to be performed by inmate workers. (ii) The board of directors may not approve a proposal to authorize the production and sale of a new prison-made product or to expand production of a currently authorized product if the product is— (I) produced in the private sector by an industry which has reflected during the previous year an unemployment rate above the national average; or (II) an import-sensitive product. (iii) The board of directors may not approve a proposal for inmates to provide a service in which an inmate worker has access to— (I) personal or financial information about individual private citizens, including information relating to such person’s real property, however described, without giving prior notice to such persons or class of persons to the greatest extent practicable; (II) geographic data regarding the location of surface and subsurface infrastructure providing communications, water and electrical power distribution, pipelines for the distribution of natural gas, bulk petroleum products and other commodities, and other utilities; or (III) data that is classified. (iv) (I) Federal Prison Industries is prohibited from furnishing through inmate labor construction services, unless to be performed within a Federal correctional institution pursuant to the participation of an inmate in an apprenticeship or other vocational education program teaching the skills of the various building trades. (II) For purposes of this clause, the term construction has the meaning given such term by section 2.101 of the Federal Acquisition Regulation (48 CFR part 2.101), as in effect on June 1, 2010, including the repair, alteration, or maintenance of real property in being. (7) To provide further opportunities for participation by interested parties, the board of directors shall— (A) give additional notice of a proposal to authorize the production and sale of a new product or service, or expand the production of a currently authorized product or service, in a publication designed to most effectively provide notice to private vendors and labor unions representing private sector workers who could reasonably be expected to be affected by approval of the proposal, which notice shall offer to furnish copies of the analysis required by paragraph (6) and shall solicit comment on the analysis; (B) solicit comments on the analysis required by paragraph (6) from trade associations representing vendors and labor unions representing private sector workers who could reasonably be expected to be affected by approval of the proposal to authorize the production and sale of a new product or service (or expand the production of a currently authorized product or service); and (C) afford an opportunity, on request, for a representative of an established trade association, labor union, or other private sector representatives to present comments on the proposal directly to the board of directors. (8) The board of directors shall be provided copies of all comments received on the expansion proposal. (9) Based on the comments received on the initial expansion proposal, the Chief Operating Officer of Federal Prison Industries may provide the board of directors a revised expansion proposal. If such revised proposal provides for expansion of inmate work opportunities in an industry different from that initially proposed, such revised proposal shall reflect the analysis required by paragraph (6)(C) and be subject to the public comment requirements of paragraph (7). (10) The board of directors shall consider a proposal to authorize the sale of a new specific product or specific service (or to expand the volume of sales for a currently authorized product or service) and take any action with respect to such proposal, during a meeting that is open to the public, unless closed pursuant to section 552(b) of title 5. (11) In conformance with the requirements of paragraph (10) of this subsection, the board of directors may— (A) authorize the donation of products produced or services furnished by Federal industries and available for sale; (B) authorize the production of a new specific product or the furnishing of a new specific service for donation; or (C) authorize a proposal to expand production of a currently authorized specific product or specific service in an amount in excess of a reasonable share of the market for such product or service, if— (i) a Federal agency or department, purchasing such product or service, has requested that Federal Prison Industries be authorized to furnish such product or service in amounts that are needed by such agency or department; or (ii) the proposal is justified for other good cause and supported by at least two-thirds of the appointed members of the board. . 4. Transitional mandatory source authority (a) In general Notwithstanding the requirements of section 4124 of title 18, United States Code, a Federal department or agency having a requirement for a product that is authorized for sale by Federal Prison Industries and is listed in its catalog (referred to in section 4124(g) of title 18, United States Code) shall first solicit an offer from Federal Prison Industries and make purchases on a noncompetitive basis in accordance with this section or in accordance with section 2410n of title 10, United States Code, or section 318 of title III of the Federal Property and Administrative Services Act of 1949 . (b) Preferential source status Subject to the limitations of subsection (d), a contract award shall be made on a noncompetitive basis to Federal Prison Industries if the contracting officer for the procurement activity determines that— (1) the product offered by Federal Prison Industries will meet the requirements of the procurement activity (including commercial or governmental standards or specifications pertaining to design, performance, testing, safety, serviceability, and warranties as may be imposed upon a private sector supplier of the type being offered by Federal Prison Industries); (2) timely performance of the contract by Federal Prison Industries can be reasonably expected; and (3) the negotiated price does not exceed a fair and reasonable price. (c) Contractual terms The terms and conditions of the contract and the price to be paid to Federal Prison Industries shall be determined by negotiation between Federal Prison Industries and the Federal agency making the purchase. The negotiated price shall not exceed a fair and reasonable price determined in accordance with the procedures of the Federal Acquisition Regulation. (d) Performance of contractual obligations (1) In general Federal Prison Industries shall perform the obligations of the contract negotiated pursuant to subsection (c). (2) Performance disputes If the head of the contracting activity and the Chief Operating Officer of Federal Prison Industries are unable to resolve a contract performance dispute to their mutual satisfaction, such dispute shall be resolved pursuant to section 4124(e)(3) of title 18, United States Code. (e) Limitations on use of authority (1) In general As a percentage of the sales made by Federal Prison Industries during the base period, the total dollar value of sales to the Government made pursuant to subsection (b) and subsection (c) of this section shall not exceed— (A) 90 percent in fiscal year 2014; (B) 85 percent in fiscal year 2015; (C) 70 percent in fiscal year 2016; (D) 55 percent in fiscal year 2017; and (E) 40 percent in fiscal year 2018. (2) Sales within various business sectors Use of the authority provided by subsections (b) and (c) shall not result in sales by Federal Prison Industries to the Government that are in excess of its total sales during the base year for each business sector. (3) Limitations relating to specific products Use of the authorities provided by subsections (b) and (c) shall not result in contract awards to Federal Prison Industries that are in excess of its total sales during the base period for such product. (4) Changes in design specifications If a buying agency directs a change to the design specification for a specific product, the costs associated with the implementation of such specification change by Federal Prison Industries shall not be considered for the purposes of computing sales by Federal Prison Industries for the purposes of paragraphs (2) and (3). (f) Additional authority To sustain inmate employment During the period specified in subsection (g), the authority of section 4122(b)(11)(C)(ii) of title 18, United States Code (as amended by section 3), may be used by the Board to sustain inmate employment. (g) Duration of authority The preferential contracting authorities authorized by subsection (b) may not be used on or after October 1, 2015, and become effective on the effective date of the final regulations issued pursuant to section 17. (h) Definitions For the purposes of this section— (1) the term base period means the total sales of Federal Prison Industries during the period October 1, 2011, and September 30, 2012 (Fiscal Year 2012); (2) the term business sectors means the seven product/service business groups identified in the 2004 Federal Prison Industries annual report as the Clothing and Textiles Business Group, the Electronics Business Group, the Fleet Management and Vehicular Components Business Group, the Industrial Products Business Group, the Office Furniture Business Group, the Recycling Activities Business Group, and the Services Business Group; and (3) the term fair and reasonable price shall be given the same meaning as, and be determined pursuant to, part 15.8 of the Federal Acquisition Regulation (48 CFR 15.8). (i) Finding by Attorney General with respect to public safety (1) Not later than 60 days prior to the end of each fiscal year specified in subsection (e)(1), the Attorney General shall make a finding regarding the effects of the percentage limitation imposed by such subsection for such fiscal year and the likely effects of the limitation imposed by such subsection for the following fiscal year. (2) The Attorney General’s finding shall include a determination whether such limitation has resulted or is likely to result in a substantial reduction in inmate industrial employment and whether such reductions, if any, present a significant risk of adverse effects on safe prison operation or public safety. (3) If the Attorney General finds a significant risk of adverse effects on either safe prison management or public safety, he shall so advise the Congress. (4) In advising the Congress pursuant to paragraph (3), the Attorney General shall make recommendations for additional authorizations of appropriations to provide additional alternative inmate rehabilitative opportunities and additional correctional staffing, as may be appropriate. (j) Procedural requirements for civilian agencies relating to products of Federal Prison Industries Title III of the Federal Property and Administrative Services Act of 1949 ( 41 U.S.C. 251 et seq. ) is amended by adding at the end the following new section: 318. Products of Federal Prison Industries: procedural requirements (a) Market research Before purchasing a product listed in the latest edition of the Federal Prison Industries catalog under section 4124(g) of title 18, United States Code, the head of an executive agency shall conduct market research to determine whether the Federal Prison Industries product is comparable to products available from the private sector that best meet the executive agency’s needs in terms of price, quality, and time of delivery. (b) Competition requirement If the head of the executive agency determines that a Federal Prison Industries product is not comparable in price, quality, or time of delivery to products available from the private sector that best meet the executive agency’s needs in terms of price, quality, and time of delivery, the agency head shall use competitive procedures for the procurement of the product or shall make an individual purchase under a multiple award contract. In conducting such a competition or making such a purchase, the agency head shall consider a timely offer from Federal Prison Industries. (c) Implementation by head of executive agency The head of an executive agency shall ensure that— (1) the executive agency does not purchase a Federal Prison Industries product or service unless a contracting officer of the agency determines that the product or service is comparable to products or services available from the private sector that best meet the agency’s needs in terms of price, quality, and time of delivery; and (2) Federal Prison Industries performs its contractual obligations to the same extent as any other contractor for the executive agency. (d) Market research determination not Subject to review A determination by a contracting officer regarding whether a product or service offered by Federal Prison Industries is comparable to products or services available from the private sector that best meet an executive agency’s needs in terms of price, quality, and time of delivery shall not be subject to review pursuant to section 4124(b) of title 18. (e) Performance as a subcontractor (1) A contractor or potential contractor of an executive agency may not be required to use Federal Prison Industries as a subcontractor or supplier of products or provider of services for the performance of a contract of the executive agency by any means, including means such as— (A) a contract solicitation provision requiring a contractor to offer to make use of products or services of Federal Prison Industries in the performance of the contract; (B) a contract specification requiring the contractor to use specific products or services (or classes of products or services) offered by Federal Prison Industries in the performance of the contract; or (C) any contract modification directing the use of products or services of Federal Prison Industries in the performance of the contract. (2) In this subsection, the term contractor , with respect to a contract, includes a subcontractor at any tier under the contract. (f) Protection of classified and sensitive information The head of an executive agency may not enter into any contract with Federal Prison Industries under which an inmate worker would have access to— (1) any data that is classified; (2) any geographic data regarding the location of— (A) surface and subsurface infrastructure providing communications or water or electrical power distribution; (B) pipelines for the distribution of natural gas, bulk petroleum products, or other commodities; or (C) other utilities; or (3) any personal or financial information about any individual private citizen, including information relating to such person’s real property however described, without the prior consent of the individual. (g) Definitions In this section: (1) The term competitive procedures has the meaning given such term in section 4(5) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403(5) ). (2) The term market research means obtaining specific information about the price, quality, and time of delivery of products available in the private sector through a variety of means, which may include— (A) contacting knowledgeable individuals in government and industry; (B) interactive communication among industry, acquisition personnel, and customers; and (C) interchange meetings or pre-solicitation conferences with potential offerors. . 5. Authority to perform as a Federal subcontractor (a) In general Federal Prison Industries is authorized to enter into a contract with a Federal contractor (or a subcontractor of such contractor at any tier) to produce products as a subcontractor or supplier in the performance of a Federal procurement contract. The use of Federal Prison Industries as a subcontractor or supplier shall be a wholly voluntary business decision by the Federal prime contractor or subcontractor, subject to any prior approval of subcontractors or suppliers by the contracting officer which may be imposed by the Federal Acquisition Regulation or by the contract. (b) Limitations on use Federal Prison Industries is prohibited from being a subcontractor or supplier at any tier if— (1) the product or service is to be acquired by a Federal department or agency pursuant to section 3 of the Javits-Wagner-O’Day Act ( 41 U.S.C. 48 ); or (2) the product to be acquired by the Federal department or agency is subject to section 2533a of title 10, United States Code. (c) Commercial sales prohibited The authority provided by subsection (a) shall not result, either directly or indirectly, in the sale in the commercial market of a product or service resulting from the labor of Federal inmate workers in violation of section 1761(a) of title 18, United States Code. A Federal contractor (or subcontractor at any tier) using Federal Prison Industries as a subcontractor or supplier in furnishing a commercial product pursuant to a Federal contract shall implement appropriate management procedures to prevent introducing an inmate-produced product into the commercial market. (d) Prohibitions on mandating subcontracting with Federal Prison Industries Except as authorized under the Federal Acquisition Regulation, the use of Federal Prison Industries as a subcontractor or supplier of products or provider of services shall not be imposed upon prospective or actual Federal prime contractors or a subcontractors at any tier by means of— (1) a contract solicitation provision requiring a contractor to offer to make use of Federal Prison Industries, its products or services; (2) specifications requiring the contractor to use specific products or services (or classes of products or services) offered by Federal Prison Industries in the performance of the contract; (3) any contract modification directing the use of Federal Prison Industries, its products or services; or (4) any other means. 6. Inmate wages and deductions Section 4122(b) of title 18, United States Code (as amended by section 3 of this Act), is further amended by adding after paragraph (11) a new paragraph (12) as follows: (12) (A) The Board of Directors of Federal Prison Industries shall prescribe the rates of hourly wages to be paid inmates performing work for or through Federal Prison Industries. The Director of the Federal Bureau of Prisons shall prescribe the rates of hourly wages for other work assignments within the various Federal correctional institutions. In the case of an inmate whose term of imprisonment is to expire in not more than 2 years, wages shall be earned at an hourly rate of not less than $2.50, but paid at the same rate and in the same manner as to any other inmate, and any amount earned but not paid shall be held in trust and paid only upon the actual expiration of the term of imprisonment. (B) The various inmate wage rates shall be reviewed and considered for increase on not less than a biannual basis. (C) The Board of Directors of Federal Prison Industries shall— (i) not later than September 30, 2014, increase the maximum wage rate for inmates performing work for or through Federal Prison Industries to an amount equal to 50 percent of the minimum wage prescribed by section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)); and (ii) not later than September 30, 2019, increase such maximum wage rate to an amount equal to such minimum wage. (D) Wages earned by an inmate worker shall be paid in the name of the inmate. Deductions, aggregating to not more than 80 percent of gross wages, shall be taken from the wages due for— (i) applicable taxes (Federal, State, and local); (ii) payment of fines and restitution pursuant to court order; (iii) payment of additional restitution for victims of the inmate’s crimes (at a rate not less than 10 percent of gross wages); (iv) allocations for support of the inmate’s family pursuant to statute, court order, or agreement with the inmate; (v) allocations to a fund in the inmate’s name to facilitate such inmate’s assimilation back into society, payable at the conclusion of incarceration; and (vi) such other deductions as may be specified by the Director of the Bureau of Prisons. (E) Each inmate worker working for Federal Prison Industries shall indicate in writing that such person— (i) is participating voluntarily; and (ii) understands and agrees to the wages to be paid and deductions to be taken from such wages. . 7. Clarifying amendment relating to services (a) In general Section 1761 of title 18, United States Code, is amended in subsection (a) and (c) by striking goods, wares, or merchandise manufactured, produced, or mined each place it appears and inserting products manufactured, services furnished, or minerals mined . (b) Completion of existing agreements Any prisoner work program operated by a prison or jail of a State or local jurisdiction of a State which is providing services for the commercial market through inmate labor on October 1, 2012, may continue to provide such commercial services until— (1) the expiration date specified in the contract or other agreement with a commercial partner on October 1, 2012, or (2) until September 30, 2017, if the prison work program is directly furnishing the services to the commercial market. (c) Approval required for long-Term operation A prison work program operated by a correctional institution operated by a State or local jurisdiction of a State may continue to provide inmate labor to furnish services for sale in the commercial market after the dates specified in subsection (b) if such program has been certified pursuant to section 1761(c)(1) of title 18, United States Code, and is in compliance with the requirements of such subsection and its implementing regulations. (d) Existing work opportunities for federal inmates Any private for-profit business entity having an agreement with Federal Prison Industries in effect on the date of enactment of this Act, under which Federal inmates are furnishing services that are being introduced into the commercial market, may continue to furnish such services for the duration of the term of such agreement. (e) Additional amendment Section 1761 of title 18, United States Code, is further amended— (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (2) by inserting after subsection (c) the following new subsection: (d) This section shall not apply to services performed as part of an inmate work program conducted by a State or local government to disassemble, scrap, and recycle products, other than electronic products, that would otherwise be disposed of in a landfill. Recovered scrap from such program may be sold. . 8. Conforming amendment Section 4122(a) of title 18, United States Code, is amended by striking production of commodities and inserting production of products or furnishing of services . 9. Rules of construction relating to chapter 307 Chapter 307 of title 18, United States Code, is further amended by adding at the end the following: 4130. Construction of provisions Nothing in this chapter shall be construed— (1) to establish an entitlement of any inmate to— (A) employment in a Federal Prison Industries facility; or (B) any particular wage, compensation, or benefit on demand, except as otherwise specifically provided by law or regulation; (2) to establish that inmates are employees for the purposes of any law or program; or (3) to establish any cause of action by or on behalf of any inmate against the United States or any officer, employee, or contractor thereof. . 10. Providing additional rehabilitative opportunities for inmates (a) Additional educational, training, and release-Preparation opportunities (1) Program established There is hereby established the Enhanced In-Prison Educational and Vocational Assessment and Training Program within the Federal Bureau of Prisons. (2) Comprehensive program In addition to such other components as the Director of the Bureau of Prisons deems appropriate to reduce inmate idleness and better prepare inmates for a successful reentry into the community upon release, the program shall provide— (A) in-prison assessments of inmates’ needs and aptitudes; (B) a full range of educational opportunities; (C) vocational training and apprenticeships; and (D) comprehensive release-readiness preparation. (3) Authorization of appropriations For the purposes of carrying out the program established by paragraph (1), $75,000,000 is authorized for each fiscal year after fiscal year 2013, to remain available until expended. It is the sense of Congress that Federal Prison Industries should use some of its net earnings to accomplish the purposes of the program. (4) Schedule for implementation All components of the program shall be established— (A) in at least 25 percent of all Federal prisons not later than 2 years after the date of the enactment of this Act; (B) in at least 50 percent of all Federal prisons not later than 4 years after such date of enactment; (C) in at least 75 percent of all Federal prisons not later than 6 years after such date of enactment; and (D) in all Federal prisons not later than 8 years after such date of enactment. (b) Additional inmate work opportunities through public service activities (1) In general Chapter 307 of title 18, United States Code, is further amended by inserting after section 4124 the following new section: 4124a. Additional inmate work opportunities through public service activities (a) In general Inmates with work assignments within Federal Prison Industries may perform work for an eligible entity pursuant to an agreement between such entity and the Inmate Work Training Administrator in accordance with the requirements of this section. (b) Definition of eligible entities For the purposes of this section, the term eligible entity means an entity— (1) that is an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code and that has been such an organization for a period of not less than 36 months prior to inclusion in an agreement under this section; (2) that is a religious organization described in section 501(d) of such Code and exempt from taxation under section 501(a) of such Code; or (3) that is a unit of local government, a school district, or another special purpose district. (c) Inmate work training administrator There is hereby established the position of Inmate Work Training Administrator, who shall be responsible for fostering the creation of alternative inmate work opportunities authorized by this section. The Administrator shall be designated by the Chief Executive Officer of Federal Prison Industries, with the approval of the Board of Directors, and be under the supervision of the Chief Operating Officer, but may directly report to the Board. (d) Proposed agreements An eligible entity seeking to enter into an agreement pursuant to subsection (a) shall submit a detailed proposal to the Inmate Work Training Administrator. Each such agreement shall specify— (1) types of work to be performed; (2) the proposed duration of the agreement, specified in terms of a base year and number of option years; (3) the number of inmate workers expected to be employed in the specified types of work during the various phases of the agreement; (4) the wage rates proposed to be paid to various classes of inmate workers; and (5) the facilities, services and personnel (other than correctional personnel dedicated to the security of the inmate workers) to be furnished by Federal Prison Industries or the Bureau of Prisons and the rates of reimbursement, if any, for such facilities, services, and personnel. (e) Representations (1) Eleemosynary work activities Each proposed agreement shall be accompanied by a written certification by the chief executive officer of the eligible entity that— (A) the work to be performed by the inmate workers will be limited to the eleemosynary work of such entity in the case of an entity described in paragraph (1) or (2) of subsection (b); (B) the work would not be performed in the United States but for the availability of the inmate workers; and (C) the work performed by the inmate workers will not result, either directly or indirectly, in the production of a new product or the furnishing of a service that is to be offered for other than resale or donation by the eligible entity or any affiliate of the such entity. (2) Protections for non-Inmate workers Each proposed agreement shall also be accompanied by a written certification by the chief executive officer of the eligible entity that— (A) no non-inmate employee (including any person performing work activities for such governmental entity pursuant to section 607 of subchapter IV of the Social Security Act (42 U.S.C. 607)) of the eligible entity (or any affiliate of the entity) working in the United States will have his or her job abolished or work hours reduced as a result of the entity being authorized to utilize inmate workers; and (B) the work to be performed by the inmate workers will not supplant work currently being performed in the United States by a contractor of the eligible entity. (f) Approval by Board of Directors (1) In general Each such proposed agreement shall be presented to the Board of Directors, be subject to the same opportunities for public comment, and be publicly considered and acted upon by the Board in a manner comparable to that required by paragraphs (7) and (8) of section 4122(b). (2) Matters to be considered In determining whether to approve a proposed agreement, the Board shall— (A) give priority to an agreement that provides inmate work opportunities that will provide participating inmates with the best prospects of obtaining employment paying a livable wage upon release; (B) give priority to an agreement that provides for maximum reimbursement for inmate wages and for the costs of supplies and equipment needed to perform the types of work to be performed; (C) not approve an agreement that will result in the displacement of non-inmate workers contrary to the representations required by subsection (e)(2) as determined by the Board or by the Secretary of Labor (pursuant to subsection (i)); and (D) not approve an agreement that will result, either directly or indirectly, in the production of a new product or the furnishing of a service for other than resale by an eligible entity described in paragraph (1) or (2) of subsection (b) or donation. (g) Wage rates and deductions from inmate wages (1) In general Inmate workers shall be paid wages for work under the agreement at a basic hourly rate to be negotiated between the eligible entity and Federal Prison Industries and specified in the agreement. The wage rates set by the Director of the Federal Bureau of Prisons to be paid inmates for various institutional work assignments are specifically authorized. (2) Payment to inmate worker and authorized deductions Wages shall be paid and deductions taken pursuant to section 4122(b)(12)(D). (3) Voluntary participation by inmate Each inmate worker to be utilized by an eligible entity shall indicate in writing that such person— (A) is participating voluntarily; and (B) understands and agrees to the wages to be paid and deductions to be taken from such wages. (h) Assignment to work opportunities Assignment of inmates to work under an approved agreement with an eligible entity shall be subject to the Bureau of Prisons Program Statement Number 1040.10 (Non-Discrimination Toward Inmates), as contained in section 551.90 of title 28 of the Code of Federal Regulations (or any successor document). (i) Enforcement of protections for non-Inmate workers (1) Prior to Board consideration Upon request of any interested person, the Secretary of Labor may promptly verify a certification made pursuant subsection (e)(2) with respect to the displacement of non-inmate workers so as to make the results of such inquiry available to the Board of Directors prior to the Board’s consideration of the proposed agreement. The Secretary and the person requesting the inquiry may make recommendations to the Board regarding modifications to the proposed agreement. (2) During performance (A) In general Whenever the Secretary deems appropriate, upon request or otherwise, the Secretary may verify whether the actual performance of the agreement is resulting in the displacement of non-inmate workers or the use of inmate workers in a work activity not authorized under the approved agreement. (B) Sanctions Whenever the Secretary determines that performance of the agreement has resulted in the displacement of non-inmate workers or employment of an inmate worker in an unauthorized work activity, the Secretary may— (i) direct the Inmate Work Training Administrator to terminate the agreement for default, subject to the processes and appeals available to a Federal contractor whose procurement contract has been terminated for default; and (ii) initiate proceedings to impose upon the person furnishing the certification regarding non-displacement of non-inmate workers required by subsection (d)(2)(B) any administrative, civil, and criminal sanctions as may be available. . (2) Authorization of appropriation There is authorized to be appropriated $5,000,000 for each of the fiscal years 2014 through 2018 for the purposes of paying the wages of inmates and otherwise undertaking the maximum number of agreements with eligible entities pursuant to section 4124a of title 18, United States Code. (3) Sense of Congress For purposes of sections 4124a and 4124b of title 18, United States Code, it is the sense of Congress that an inmate training wage that is at least 50 percent of the minimum wage prescribed pursuant to section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ) will facilitate successful achievement of the goals of the work-based training and apprenticeship program authorized under such section 4124a. (c) Inmate work opportunities in support of not-for-Profit entities (1) Proposals for donation programs The Chief Operating Officer of Federal Prison Industries shall develop and present to the Board of Directors of Federal Prison Industries proposals to have Federal Prison Industries donate products and services to eligible entities that provide goods or services to low-income individuals who would likely otherwise have difficulty purchasing such products or services in the commercial market. (2) Schedule for submission and consideration of donation programs (A) Initial proposals The Chief Operating Officer shall submit the initial group of proposals for programs of the type described in paragraph (1) within 180 days after the date of the enactment of this Act. The Board of Directors of Federal Prison Industries shall consider such proposals from the Chief Operating Officer not later than the date that is 270 days after the date of the enactment of this Act. (B) Annual operating plan The Board of Directors of Federal Prison Industries shall consider proposals by the Chief Operating Officer for programs of the type described in paragraph (1) as part of the annual operating plan for Federal Prison Industries. (C) Other proposals In addition to proposals submitted by the Chief Operating Officer, the Board of Directors may, from time to time, consider proposals presented by prospective eligible entities. (3) Definition of eligible entities For the purposes of this subsection, the term eligible entity means an entity— (A) that is an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code and that has been such an organization for a period of not less than 36 months prior to inclusion in a proposal of the type described in paragraph (1), or (B) that is a religious organization described in section 501(d) of such Code and exempt from taxation under section 501(a) of such Code. (4) Authorization of appropriations There are authorized to be appropriated $7,000,000 for each of the fiscal years 2014 through 2018 for the purposes of paying the wages of inmates and otherwise carrying out programs of the type described in paragraph (1). (d) Maximizing inmate rehabilitative opportunities through cognitive abilities assessments (1) Demonstration program authorized (A) In general There is hereby established within the Federal Bureau of Prisons a program to be known as the Cognitive Abilities Assessment Demonstration Program . The purpose of the demonstration program is to determine the effectiveness of a program that assesses the cognitive abilities and perceptual skills of Federal inmates to maximize the benefits of various rehabilitative opportunities designed to prepare each inmate for a successful return to society and reduce recidivism. The demonstration program shall be undertaken by a contractor with a demonstrated record of enabling the behavioral and academic improvement of adults through the use of research-based systems that maximize the development of both the cognitive and perceptual capabilities of a participating individual, including adults in a correctional setting. (B) Scope of demonstration program The demonstration program shall to the maximum extent practicable, be— (i) conducted during a period of three consecutive fiscal years, commencing during fiscal year 2014; (ii) conducted at 12 Federal correctional institutions; and (iii) offered to 6,000 inmates, who are categorized as minimum security or less, and are within five years of release. (C) Report on results of program Not later than 60 days after completion of the demonstration program, the Director shall submit to Congress a report on the results of the program. At a minimum, the report shall include an analysis of employment stability, stability of residence, and rates of recidivism among inmates who participated in the program after 18 months of release. (2) Authorization of appropriations There is authorized to be appropriated $3,000,000 in each of the three fiscal years after fiscal year 2013, to remain available until expended, for the purposes of conducting the demonstration program authorized by subsection (a). (e) Prerelease employment assistance (1) In general The Director of the Federal Bureau of Prisons shall, to the maximum extent practicable, afford to inmates opportunities to participate in programs and activities designed to help prepare such inmates to obtain employment upon release. (2) Prerelease employment placement assistance Such prerelease employment placement assistance required by subsection (a) shall include— (A) training in the preparation of resumes and job applications; (B) training in interviewing skills; (C) training and assistance in job search techniques; (D) conduct of job fairs; and (E) such other methods deemed appropriate by the Director. (3) Priority participation Priority in program participation shall be accorded to inmates who are participating in work opportunities afforded by Federal Prison Industries and are within 24 months of release from incarceration. 11. Re-entry employment preparation through work-based training and apprenticeship (a) In General Chapter 307 of title 18, United States Code, is further amended by inserting after section 4124a the following new section: 4124b. Re-entry employment preparation through work-based training and apprenticeship (a) Participation authorized A private for-profit business entity shall be an eligible entity for participation in the program authorized by section 4124a of this title, if such participation conforms with the requirements and limitations of this section. (b) Requirements relating to products and services A private for-profit business entity is eligible for such participation if such business entity proposes to train participating inmates, pursuant to subsection (c), by producing a product or performing a service, if such product or service is of a type for which there is no production or performance within the United States by noninmate workers. (c) Requirements relating to training (1) In general For purposes of this section, the training of participating inmates shall be work-based training that provides to a participating inmate apprenticeship training or a functionally equivalent structured program that combines hands-on work experience with conceptual understanding of the work being performed. Other inmates with regular work assignments within Federal Prison Industries may be assigned to support the program. (2) Documentation of program participation (A) Each inmate who successfully completes participation in training undertaken pursuant to this section shall be provided a certificate or other written document memorializing such successful completion, providing a marketable summary of the skills learned and an overall assessment of performance. (B) Copies of such documents shall be furnished to perspective employers upon the request of the participant for a period of not less than 24 months from the date of such participant’s release from incarceration. (3) Documents required for employment The Federal Bureau of Prisons, in cooperation with a business entity providing an inmate work-based training at the time of his or her scheduled release, shall make every reasonable effort to help the inmate timely obtain such documentation (including a State government-issued photo identification card) as a person may be required to provide to a prospective employer, after such person completes an Employment Eligibility Verification (ICE Form I–9). (d) Wage rates (1) In general Business entities participating in the program authorized by subsection (a) shall propose wages for inmates participating in the program at rates not less than the inmate training wage promulgated pursuant to section 17(c) of the Federal Prison Industries Competition in Contracting Act of 2013 . (2) Inmate training wage Not more than 30 days after the date of enactment of this section, the Board of Directors of Federal Prison Industries shall request the Secretary of Labor to promulgate an inmate training wage pursuant to section 14(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 214(a) ). (e) Support for other release preparation programs In addition to the matters listed in section 4124a(d) of this title, a proposal for an agreement referred to in such section submitted by an eligible business entity shall specify an amount of any supplemental funding, specified as a per-capita amount for each inmate participating pursuant to the agreement, that the business entity will provide for the purpose of supporting remedial, vocational, and other release preparation programs for other nonparticipating inmates. (f) Additional standards applicable In considering a proposed agreement pursuant to section 4124a(f)(1) of this title, the Board of Directors shall— (1) give preference to an agreement that proposes— (A) work-based training opportunities that provide the participating inmate the best prospects for obtaining employment paying a livable wage upon release; (B) the highest per-capita amount pursuant to subsection (e) relating to providing financial support for release preparation for other inmates; and (C) the highest inmate wage rates; (2) not approve any agreement with respect to furnishing services of the type described in section 4122(b)(6)(D)(iii) of this title; (3) not approve any agreement with respect to furnishing construction services described in section 4122(b)(6)(D)(iv) of this title, unless to be performed within a Federal correctional institution; (4) not approve an agreement that does not meet the standards of subsection (b); and (5) request a determination from the Department of Commerce (and such other executive branch entities as may be appropriate), regarding whether a product or service is of the type being produced or performed in the United States by noninmate workers, whenever the Board determines that such an additional assessment is warranted, including upon a request from an interested party presenting information that the Board deems to warrant such additional assessment prior to the Board’s consideration of the proposed agreement. (g) Limitations on the use of the authority (1) No sales by federal prison industries Federal Prison Industries is prohibited from directly offering for commercial sale products produced or services furnished by Federal inmates, including through any form of electronic commerce. (2) Duration (A) No proposed agreement pursuant to this subsection may be approved by the Board of Directors after September 30, 2020. (B) Performance of all such agreements shall be concluded prior to October 1, 2025. . (b) Review and reporting by the Attorney General Not less than biannually, beginning in fiscal year 2014, the Attorney General shall meet in person jointly with the Chairman of the Board of Directors and the Chief Executive Officer of Federal Prison Industries to review the progress that Federal Prison Industries is making in maximizing the use of the authority provided by sections 4124a and 4124b of title 18, United States Code. The Attorney General shall provide annually a written report to the Committees on the Judiciary and Appropriations of the House of Representatives and the Senate addressing such progress by Federal Prison Industries. (c) GAO assessment of work-Based training program (1) In general The Comptroller General of the United States shall undertake an on-going assessment of the authority granted by section 4124b of title 18, United States Code. (2) Matters to be assessed In addition to such other matters as the Comptroller General deems appropriate, the assessment shall include— (A) efforts to recruit private for-profit business entities to participate; (B) the quality of training provided to inmates; (C) the amounts and types of products and services that have been produced incident to the work-based training programs; (D) the types of worksite arrangement that encourage business concerns to voluntarily enter into such partnerships; (E) the extent and manner of the participation of supervisory, quality assurance, and other management employees of the participating business entity in worksites within correctional facilities of various levels of security; (F) the extent of the facilities, utilities, equipment, and personnel (other than security personnel) provided by the host correctional agency, and extent to which such resources are provided on a nonreimbursable basis; (G) the rates of wages paid to inmate workers and the effect that such wage rates have on willingness of business entities to participate; (H) any complaints filed regarding the displacement of noninmate workers or of inmate workers being paid less than required wages and the disposition of those complaints; (I) any sanctions recommended relating to displacement of noninmate workers or payment of less than the required wages, and the disposition of such proposed sanctions; (J) the extent to which the new authority provided additional inmate work opportunities assisting the Bureau of Prisons in attaining its objective of providing 25 percent of the work-eligible inmates with work opportunities within Federal Prison Industries; (K) measures of any adverse impacts of implementation of the new authority on business concerns using noninmate workers that are engaged in providing similar types of products and services in direct competition; and (L) a compilation of data relating work opportunities for Federal inmates with work assignments with Federal Prison Industries provided by— (i) sales to Federal agencies pursuant to the status of Federal Prison Industries as a mandatory source of supply during the period fiscal year 1990 through fiscal year 2012; (ii) sales to Federal agencies of services, both through non-competitive interagency transfers and as a result of direct competition from private-sector offerors during the period fiscal year 1990 though fiscal year 2012; (iii) performance as a subcontrator to a Federal prime contractor or Federal subcontractor at a higher tier beginning in fiscal year 1990; (iv) introduction of inmate-furnished services into the commercial market, beginning in the second quarter of fiscal year 1998; (v) alternative inmate work opportunities, beginning in fiscal year 2014, provided by agreements with— (I) non-profit organizations, pursuant to section 4124a(b)(1) of title 18, United States Code, and section 10(c); (II) religious organizations, pursuant to section 4124a(b)(2) of title 18, United States Code; (III) units of local governments, school districts, or other special purpose districts, pursuant to section 4124a(b)(3) of title 18, United States Code; (IV) work-based Employment Preparation Programs for Federal inmates, pursuant to section 4124b of title 18, United States Code; or (V) other means. (3) Opportunity for public comment The Comptroller General shall provide an opportunity for public comment on the proposed scope and methodology for the assessment required by paragraph (1), making such modifications in response to such comments as he deems appropriate. (4) Reports and recommendations (A) In general The Comptroller General shall submit to the Congress in accordance with this subsection two interim reports and a final report of the assessment of implementation of the new authority, including such recommendations as the Comptroller General may deem appropriate. (B) Interim reports The two interim reports shall encompass the assessment of the implementation of the new authority— (i) from the effective date of the authority through the end of fiscal year 2016; and (ii) from the effective date of the authority through the end of fiscal year 2019. (C) Final report The final report shall assess the implementation of the new authority from the effective date of the authority through the end of fiscal year 2020. (D) Submission to congress The Comptroller General shall submit the reports required by this paragraph within 6 months after the end of the fiscal years referred to in subparagraphs (B) and (C). (d) Conforming amendment Section 1761 of title 18, United States Code, as amended by section 7, is further amended— (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e), as so redesignated by section 7(e) of this Act, the following new subsection: (f) This section shall not apply to products produced or services furnished with inmate labor incidental to the work-based training program authorized pursuant to section 4124b of this title. . 12. Director of the Bureau of Prisons (a) In general Section 4041 of title 18, United States Code, is amended by striking appointed by and serving directly under the Attorney General. and inserting the following: who shall be appointed by the President by and with the advice and consent of the Senate. The Director shall serve directly under the Attorney General. . (b) Incumbent Notwithstanding the amendment made by subsection (a), the individual serving as the Director of the Bureau of Prisons on the date of enactment of this Act may serve as the Director of the Bureau of Prisons until the date that is 3 months after the date of enactment of this Act. (c) Rule of construction Nothing in this Act shall be construed to limit the ability of the President to appoint the individual serving as the Director of the Bureau of Prisons on the date of enactment of this Act to the position of the Director of the Bureau of Prisons in accordance with section 4041 of title 18, United States Code, as amended by subsection (a). 13. Restructuring the Board of Directors (a) In general Section 4121 of title 18, United States Code, is amended to read as follows: 4121. Federal Prison Industries; Board of Directors: executive management (a) Federal Prison Industries is a government corporation of the District of Columbia organized to carry on such industrial operations in Federal correctional institutions as authorized by its Board of Directors. The manner and extent to which such industrial operations are carried on in the various Federal correctional institutions shall be determined by the Attorney General. (b) (1) The corporation shall be governed by a board of 11 directors appointed by the President. (2) In making appointments to the Board, the President shall assure that 3 members represent the business community, 3 members represent organized labor, 1 member shall have special expertise in inmate rehabilitation techniques, 1 member represents victims of crime, 1 member represents the interests of Federal inmate workers, and 2 additional members whose background and expertise the President deems appropriate. The members of the Board representing the business community shall include, to the maximum extent practicable, representation of firms furnishing services as well as firms producing products, especially from those industry categories from which Federal Prison Industries derives substantial sales. The members of the Board representing organized labor shall, to the maximum practicable, include representation from labor unions whose members are likely to be most affected by the sales of Federal Prison Industries. (3) Each member shall be appointed for a term of 5 years, except that of members first appointed— (A) 2 members representing the business community shall be appointed for a term of 3 years; (B) 2 members representing labor shall be appointed for a term of 3 years; (C) 2 members whose background and expertise the President deems appropriate for a term of 3 years; (D) 1 member representing victims of crime shall be appointed for a term of 3 years; (E) 1 member representing the interests of Federal inmate workers shall be appointed for a term of 3 years; (F) 1 member representing the business community shall be appointed for a term of 4 years; (G) 1 member representing the business community shall be appointed for a term of 4 years; and (H) the members having special expertise in inmate rehabilitation techniques shall be appointed for a term of 5 years. (4) The President shall designate 1 member of the Board as Chairperson. The Chairperson may designate a Vice Chairperson. (5) Members of the Board may be reappointed. (6) Any vacancy on the Board shall be filled in the same manner as the original appointment. Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed for the remainder of that term. (7) The members of the Board shall serve without compensation. The members of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, to attend meetings of the Board and, with the advance approval of the Chairperson of the Board, while otherwise away from their homes or regular places of business for purposes of duties as a member of the Board. (8) (A) The Chairperson of the Board may appoint and terminate any personnel that may be necessary to enable the Board to perform its duties. (B) Upon request of the Chairperson of the Board, a Federal agency may detail a Federal Government employee to the Board without reimbursement. Such detail shall be without interruption or loss of civil service status or privilege. (9) The Chairperson of the Board may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (c) The Director of the Bureau of Prisons shall serve as Chief Executive Officer of the Corporation. The Director shall designate a person to serve as Chief Operating Officer of the Corporation. . (b) Continued governance The members of the Board of Directors serving on the date of enactment of this Act, and the person selected by them as Chairman, shall continue to exercise the duties and responsibilities of the Board until the earlier of— (1) the date on which the President has appointed at least 6 members of the Board and designated a new Chairman, pursuant to section 4121 of title 18, United States Code (as amended by subsection (a)); or (2) the date that is 365 days after the date of enactment of this Act. 14. Management matters (a) Additional flexibilities Section 4122(b)(3) of title 18, United States Code, is amended— (1) by striking (3) and inserting (3)(A) ; and (2) by adding at the end the following new paragraphs: (B) Federal Prison Industries may locate more than one workshop at a Federal correctional facility. (C) Federal Prison Industries may operate a workshop outside of a correctional facility if all of the inmates working in such workshop are classified as minimum security inmates. . (b) Cost Accounting system (1) Establishment Federal Prison Industries shall establish a cost accounting system that meets the requirements of part 30 (Cost Accounting Standards Administration) of the Federal Acquisition Regulation (48 CFR part 30). The compliance of the cost accounting system with such standards shall be annually verified as part of the independent audit of Federal Prison Industries, Inc., pursuant to section 9106(b) of title 31, United States Code. (2) Application of related provision Section 4124(c)(2) of title 18, United States Code, shall apply when Federal Prison Industries has been found to have a complaint cost accounting system pursuant to paragraph (1). 15. Transitional personnel management authority Any correctional officer or other employee of Federal Prison Industries being paid with nonappropriated funds who would be separated from service because of a reduction in the net income of Federal Prison Industries during any fiscal year specified in section 4(e)(1) shall be— (1) eligible for appointment (or reappointment) in the competitive service pursuant to title 5, United States Code; (2) registered on a Bureau of Prisons reemployment priority list; and (3) given priority for any other position within the Bureau of Prisons for which such employee is qualified. 16. Federal Prison Industries report to Congress Section 4127 of title 18, United States Code, is amended to read as follows: 4127. Federal Prison Industries report to Congress (a) In general Pursuant to chapter 91 of title 31, the board of directors of Federal Prison Industries shall submit an annual report to Congress on the conduct of the business of the corporation during each fiscal year and the condition of its funds during the fiscal year. (b) Contents of report In addition to the matters required by section 9106 of title 31, and such other matters as the board considers appropriate, a report under subsection (a) shall include— (1) a statement of the amount of obligations issued under section 4129(a)(1) of this title during the fiscal year; (2) an estimate of the amount of obligations that will be issued in the following fiscal year; (3) an analysis of— (A) the corporation’s total sales for each specific product and type of service sold to the Federal agencies and the commercial market; (B) the total purchases by each Federal agency of each specific product and type of service; (C) the corporation’s share of such total Federal Government purchases by specific product and type of service; and (D) the number and disposition of disputes submitted to the heads of the Federal departments and agencies pursuant to section 4124(e) of this title; (4) an allocation of the profits of the corporation, both gross and net, to— (A) educational, training, release-preparation opportunities for inmates; (B) opening new factories; and (C) improving the productivity and competitiveness of existing factories; (5) an analysis of the inmate workforce that includes— (A) the number of inmates employed; (B) the number of inmates utilized to produce products or furnish services sold in the commercial market; (C) the number and percentage of employed inmates by the term of their incarceration; and (D) the various hourly wages paid to inmates employed with respect to the production of the various specific products and types of services authorized for production and sale to Federal agencies and in the commercial market; and (6) data concerning employment obtained by former inmates upon release to determine whether the employment provided by Federal Prison Industries during incarceration provided such inmates with knowledge and skill in a trade or occupation that enabled such former inmate to earn a livelihood upon release. (c) Public availability Copies of an annual report under subsection (a) shall be made available to the public at a price not exceeding the cost of printing the report. . 17. Definitions Chapter 307 of title 18, United States Code, is amended by adding at the end the following new section: 4131. Definitions As used in this chapter— (1) the term assembly means the process of uniting or combining articles or components (including ancillary finished components or assemblies) so as to produce a significant change in form or utility, without necessarily changing or altering the component parts; (2) the term current market price means, with respect to a specific product, the fair market price of the product within the meaning of section 15(a) of the Small Business Act ( 15 U.S.C. 644(a) ), at the time that the contract is to be awarded, verified through appropriate price analysis or cost analysis, including any costs relating to transportation or the furnishing of any ancillary services; (3) the term import-sensitive product means a product which, according to Department of Commerce data, has experienced competition from imports at an import to domestic production ratio of 25 percent or greater; (4) the term labor-intensive manufacture means a manufacturing activity in which the value of inmate labor constitutes at least 10 percent of the estimate unit cost to produce the item by Federal Prison Industries; (5) the term manufacture means the process of fabricating from raw or prepared materials, so as to impart to those materials new forms, qualities, properties, and combinations; (6) the term reasonable share of the market means a share of the total purchases by the Federal departments and agencies, as reported to the Federal Procurement Data System for— (A) any specific product during the 3 preceding fiscal years, that does not exceed 20 percent of the Federal market for the specific product; and (B) any specific service during the 3 preceding fiscal years, that does not exceed 5 percent of the Federal market for the specific service; and (7) the term services has the meaning given the term service contract by section 37.101 of the Federal Acquisition Regulation (48 CFR 36.102), as in effect on July 1, 2010. . 18. Implementing regulations and procedures (a) Federal Acquisition Regulation (1) Proposed revisions Proposed revisions to the Governmentwide Federal Acquisition Regulation to implement the amendments made by this Act shall be published not later than 60 days after the date of the enactment of this Act and provide not less than 60 days for public comment. (2) Final regulations Final regulations shall be published not later than 180 days after the date of the enactment of this Act and shall be effective on the date that is 30 days after the date of publication. (3) Public participation The proposed regulations required by subsection (a) and the final regulations required by subsection (b) shall afford an opportunity for public participation in accordance with section 22 of the Office of Federal Procurement Policy Act ( 41 U.S.C. 418b ). (b) Board of Directors (1) In general The Board of Directors of Federal Prison Industries shall issue regulations defining the terms specified in paragraph (2). (2) Terms to be defined The Board of Directors shall issue regulations for the following terms: (A) Prison-made product. (B) Prison-furnished service. (C) Specific product. (D) Specific service. (3) Schedule for regulatory definitions (A) Proposed regulations relating to the matter described in subsection (b)(2) shall be published not later than 60 days after the date of enactment of this Act and provide not less than 60 days for public comment. (B) Final regulations relating to the matters described in subsection (b)(2) shall be published not less than 180 days after the date of enactment of this Act and shall be effective on the date that is 30 days after the date of publication. (4) Enhanced opportunities for public participation and scrutiny (A) Administrative procedure Act Regulations issued by the Board of Directors shall be subject to notice and comment rulemaking pursuant to section 553 of title 5, United States Code. Unless determined wholly impracticable or unnecessary by the Board of Directors, the public shall be afforded 60 days for comment on proposed regulations. (B) Enhanced outreach The Board of Directors shall use means designed to most effectively solicit public comment on proposed regulations, procedures, and policies and to inform the affected public of final regulations, procedures, and policies. (C) Open meeting processes The Board of Directors shall take all actions relating to the adoption of regulations, operating procedures, guidelines, and any other matter relating to the governance and operation of Federal Prison Industries based on deliberations and a recorded vote conducted during a meeting open to the public, unless closed pursuant to section 552(b) of title 5, United States Code. (c) Secretary of Labor (1) Schedule for Regulatory Action Upon receipt of a request from the Federal Prison Industries Board of Directors, pursuant to section 11(d)(2), to establish an inmate training wage pursuant to section 14(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 214(a) ), the Secretary of Labor, in consultation with the Attorney General, shall issue— (A) an advanced notice of proposed rulemaking within 60 days; (B) an interim regulation with concurrent request for public comments within 180 days; and (C) a final regulation within 365 days. (2) Alternative to timely issuance In the event that the Secretary of Labor fails to issue an interim inmate training wage by the date required by paragraph (1)(B), the Federal Prison Industries Board of Directors may prescribe an interim inmate training wage, which shall be in an amount not less than 50 percent of the amount of the minimum wage prescribed pursuant to section 6(a)(1) of such Act ( 29 U.S.C. 206(a)(1) ). (3) Continued use of interim inmate training wage (A) The interim inmate training wage issued pursuant to paragraph (1)(B) or prescribed under paragraph (2) shall remain in effect until the effective date of a final regulation, issued pursuant to paragraph (1)(C). (B) An eligible entity having an approved agreement with Federal Prison Industries pursuant to section 4124b of title 18, United States Code, may continue to pay participating inmates at the wages prescribed in the agreement for the duration of the agreement, if those wages comply with the standards of the interim inmate training wage issued pursuant to paragraph (1)(B) or prescribed under paragraph (2). (4) Existing agreements with nonconforming wages Any for-profit business concern having an agreement with Federal Prison Industries in effect on the date of enactment of this Act, under which Federal inmates are furnishing services that are being introduced into the commercial market, may continue to pay wages at rates specified in the agreement for the duration of the term of such agreement. 19. Rules of construction (a) Agency bid protests Subsection (e) of section 4124 of title 18, United States Code, as amended by section 2, is not intended to alter any rights of any offeror other than Federal Prison Industries to file a bid protest in accordance with other law or regulation in effect on the date of the enactment of this Act. (b) Javits-Wagner-O’Day Act Nothing in this Act is intended to modify the Javits-Wagner-O’Day Act ( 41 U.S.C. 46 et seq. ). 20. Effective date and applicability (a) Effective date Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the date of enactment of this Act. (b) Applicability Section 4124 of title 18, United States Code, as amended by section 2, shall apply to any requirement for a product or service offered by Federal Prison Industries needed by a Federal department or agency after the effective date of the final regulations issued pursuant to section 17(a)(2), or after September 30, 2014, whichever is earlier. 21. Clerical amendments The table of sections for chapter 307 of title 18, United States Code, is amended— (1) by amending the item relating to section 4121 to read as follows: 4121. Federal Prison Industries; Board of Directors: executive management. ; (2) by amending the item relating to section 4124 to read as follows: 4124. Governmentwide procurement policy relating to purchases from Federal Prison Industries. ; (3) by inserting after the item relating to section 4124 the following new items: 4124a. Additional inmate work opportunities through public service activities. 4124b. Re-entry employment preparation through work-based training and apprenticeship. ; (4) by amending the item relating to section 4127 to read as follows: 4127. Federal Prison Industries report to Congress. ; and (5) by adding at the end the following new items: 4130. Construction of provisions. 4131. Definitions. . | https://www.govinfo.gov/content/pkg/BILLS-113hr2098ih/xml/BILLS-113hr2098ih.xml |
113-hr-2099 | I 113th CONGRESS 1st Session H. R. 2099 IN THE HOUSE OF REPRESENTATIVES May 22, 2013 Mr. Brooks of Alabama introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To provide for an accounting of total United States contributions to the United Nations.
1. Report on United States contributions to the United Nations (a) In general Not later than 90 days after the date of the enactment of this Act and annually thereafter, the Director of the Office of Management and Budget shall submit to Congress a report on all assessed and voluntary contributions, including in-kind, of the United States Government to the United Nations and its affiliated agencies and related bodies during the previous fiscal year. (b) Content The report required under subsection (a) shall include the following elements: (1) The total amount of all assessed and voluntary contributions, including in-kind, of the United States Government to the United Nations and its affiliated agencies and related bodies during the previous fiscal year. (2) The approximate percentage of United States Government contributions to each United Nations affiliated agency or body in such fiscal year when compared with all contributions to each such agency or body from any source in such fiscal year. (3) For each such United States Government contribution— (A) the amount of each such contribution; (B) a description of each such contribution (including whether assessed or voluntary); (C) the department or agency of the United States Government responsible for each such contribution; (D) the purpose of each such contribution; and (E) the United Nations or its affiliated agency or related body receiving the contribution. (c) Scope of initial report The first report required under subsection (a) shall include the information required under this section for the previous three fiscal years. (d) Public availability of information Not later than 14 days after submitting a report required under subsection (a), the Director of the Office of Management and Budget shall post a public version of the report on a text-based, searchable, and publicly available Internet Web site. | https://www.govinfo.gov/content/pkg/BILLS-113hr2099ih/xml/BILLS-113hr2099ih.xml |
113-hr-2100 | I 113th CONGRESS 1st Session H. R. 2100 IN THE HOUSE OF REPRESENTATIVES May 22, 2013 Mr. DeFazio introduced the following bill; which was referred to the Committee on Financial Services A BILL To restrict conflicts of interest on the boards of directors of Federal reserve banks, and for other purposes.
1. Short title This Act may be cited as the Federal Reserve Independence Act . 2. Findings Congress finds the following: (1) In October 2011, the Government Accountability Office found that— (A) allowing members of the banking industry to both elect and serve on the boards of directors of Federal reserve banks poses reputational risks to the Federal Reserve System; (B) 18 former and current members of the boards of directors of Federal reserve banks were affiliated with banks and companies that received emergency loans from the Federal Reserve System during the financial crisis; (C) many of the members of the boards of directors of Federal reserve banks own stock or work directly for banks that are supervised and regulated by the Federal Reserve System. These board members oversee the operations of the Federal reserve banks, including salary and personnel decisions; (D) under current regulations, members of a board of directors of a Federal reserve bank who are employed by the banking industry or own stock in financial institutions can participate in decisions involving how much interest to charge to financial institutions receiving loans from the Federal Reserve System, and the approval or disapproval of Federal Reserve credit to healthy banks and banks in hazardous condition; (E) 21 members of the boards of directors of Federal reserve banks were involved in making personnel decisions in the division of supervision and regulation under the Federal Reserve System; and (F) the Federal Reserve System does not publicly disclose when it grants a waiver to its conflict of interest regulations. (2) Allowing currently employed banking industry executives to serve as directors on the boards of directors of Federal reserve banks is a clear conflict of interest that must be eliminated. (3) No one who works for or invests in a firm receiving direct financial assistance from the Federal Reserve System should be allowed to sit on any board of directors of a Federal reserve bank or be employed by the Federal Reserve System. 3. End conflicts of interest (a) Class A members The tenth undesignated paragraph of section 4 of the Federal Reserve Act ( 12 U.S.C. 302 ) (relating to Class A) is amended by striking chosen by and be representative of the stockholding banks and inserting designated by the Board of Governors of the Federal Reserve System, from among persons who are not employed in any capacity by a stockholding bank . (b) Class B The eleventh undesignated paragraph of section 4 of the Federal Reserve Act ( 12 U.S.C. 302 ) (relating to Class B) is amended by striking be elected and inserting be designated by the Board of Governors of the Federal Reserve System . (c) Limitations on boards of directors The fourteenth and fifteenth undesignated paragraphs of section 4 of the Federal Reserve Act ( 12 U.S.C. 303 ) (relating to Class B and Class C, respectively) are amended to read as follows: No employee of a bank holding company or other entity regulated by the Board of Governors of the Federal Reserve System may serve on the board of directors of any Federal reserve bank. No employee of the Federal Reserve System or board member of a Federal reserve bank may own any stock or invest in any company that is regulated by the Board of Governors of the Federal Reserve System, without exception. . 4. Reports to Congress The Comptroller General of the United States shall report annually to Congress beginning 1 year after the date of enactment of this Act to make sure that the provisions of this Act are followed. | https://www.govinfo.gov/content/pkg/BILLS-113hr2100ih/xml/BILLS-113hr2100ih.xml |
113-hr-2101 | I 113th CONGRESS 1st Session H. R. 2101 IN THE HOUSE OF REPRESENTATIVES May 22, 2013 Mr. Deutch (for himself, Mr. Connolly , Mr. Conyers , Mr. Ellison , Ms. Frankel of Florida , Mr. Hastings of Florida , Mr. Johnson of Georgia , Mrs. McCarthy of New York , Mr. Moran , Mr. Nolan , Ms. Pingree of Maine , Mr. Polis , Ms. Schwartz , Ms. Wasserman Schultz , Mrs. Carolyn B. Maloney of New York , and Mr. Murphy of Florida ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Ways and Means , Oversight and Government Reform , and Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Public Health Service Act with respect to eating disorders, and for other purposes.
1. Short title This Act may be cited as the Federal Response to Eliminate Eating Disorders Act of 2013 . 2. Table of contents The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Findings. Sec. 4. Definition. Title I—Research Sec. 101. Activities to improve eating disorder-related research and funding. Sec. 102. Eating disorders surveillance and research program. Title II—Education and Prevention Sec. 201. Study of mandatory BMI reporting in school. Sec. 202. Training and education. Sec. 203. Health professional education and training. Sec. 204. Education and training for all health professionals. Sec. 205. Education and training for school and higher education professionals. Sec. 206. Eating disorder research and report. Sec. 207. Public service announcements. Sec. 208. Sense of Congress. Title III—Treatment Sec. 301. Coverage for treatment for eating disorders under group health plans, individual health insurance coverage, and FEHBP. Title IV—Improving Availability and Access to Treatment Sec. 401. Medicaid coverage for eating disorder treatment services. Sec. 402. Grants to support patient advocacy. 3. Findings The Congress finds as follows: (1) Risk of death among individuals with anorexia nervosa is 18 times greater than their same age peers without anorexia. (2) Health consequences such as osteoporosis (brittle bones), gastrointestinal complications, and dental problems are significant health and financial burdens throughout life. (3) An estimated 14 million people suffer from earing disorders, including anorexia nervosa, bulimia nervosa, and eating disorders not otherwise specified (EDNOS) (including binge eating disorder). The lifetime prevalence of all eating disorders in America is 0.6 to 4.5 percent. (4) Eating disorders are real, treatable medical illnesses. They frequently coexist with other illnesses such as depression, substance abuse, or anxiety disorders. Eating disorders can become life-threatening if a person does not receive treatment. (5) Anorexia nervosa is an eating disorder characterized by self-starvation and excessive weight loss. An estimated 0.9 percent of American women and 0.3 percent of American men will suffer from anorexia nervosa in their lifetime. (6) Anorexia nervosa is associated with serious health consequences including heart failure, kidney failure, osteoporosis, and death. (7) Bulimia nervosa is an eating disorder characterized by excessive food consumption followed by inappropriate compensatory behaviors, such as self-induced vomiting, misuse of laxatives, fasting, or excessive exercise. An estimated 1.5 percent of American women and 0.5 percent of American men will suffer from this disorder in their lifetime. (8) Bulimia nervosa is associated with cardiac, gastrointestinal, and dental problems including irregular heartbeats, gastric rupture, peptic ulcer, tooth decay, and death. (9) Binge eating disorder is characterized by frequent episodes of uncontrolled overeating. Binge eating disorder is common: an estimated 3.5 percent of American women and 2.0 percent of American men will suffer from this disorder in their lifetime. (10) Binge eating is associated with obesity, heart disease, gall bladder disease, and diabetes. (11) Many more suffer from some, but not all, of the symptoms of anorexia nervosa, bulimia nervosa, or binge eating disorder, which is referred to as eating disorders not otherwise specified (EDNOS). Between 4 percent and 20 percent of young women practice unhealthy patterns of dieting, purging, and binge eating. (12) Eating disorders are more common in women, but they do occur in men. Rates of binge eating disorder are similar in females and males. (13) Eating disorders usually appear in adolescence and are associated with substantial psychological problems, including depression, substance abuse, and suicide. Eating disorders also develop in younger children and adults, compromising health and daily functioning. For children 12 years of age and younger, hospitalizations for eating disorders increased by 119 percent between 1999 and 2006. (14) Eating disorders are found across races, ethnicities, and socioeconomic groups in the United States. White females are more likely to suffer from anorexia, while African-American girls are especially vulnerable to developing eating disorders that involve binge eating. Body dissatisfaction in young girls has been shown in White, African-American, Hispanic, and Asian girls. 4. Definition In this Act, the term eating disorder includes anorexia nervosa, bulimia nervosa, binge eating disorder, and eating disorders not otherwise specified (EDNOS), as defined in the fifth edition of Diagnostic and Statistical Manual of Mental Disorders or, if applicable, the most recent successor edition. I Research 101. Activities to improve eating disorder-related research and funding Title IV of the Public Health Service Act ( 42 U.S.C. 281 et seq. ) is amended by adding at the end the following: J Eating disorder-related activities 499A. Authority of the director of the national institutes of health relating to eating disorders (a) Identifying total expenditures on eating disorders The Director of NIH, in coordination with the National Institute of Mental Health, the Office of Research on Women’s Health, and other institutes of the National Institutes of Health, shall identify the total amount of expenditures, both intramural and extramural, by the National Institutes of Health for eating disorders for each of fiscal years 2011 and 2012. (b) Budget for eating disorders research and coordination of activities and programs The Director of NIH, based on the strategic plan developed under subsection (c), shall— (1) develop and oversee the implementation of a scientifically justified budget for research on eating disorders at the National Institutes of Health; (2) coordinate all research activities and programs on eating disorders at the institutes, centers, and divisions of the National Institutes of Health; and (3) evaluate all such activities and programs. (c) Strategic plan for eating disorders research (1) In general Not later than 1 year after the date of the enactment of this section, the Director of NIH shall develop, in consultation with leading eating disorder researchers, and oversee the implementation of a comprehensive, long-range plan for the conduct and support of research on eating disorders by the institutes, centers, and divisions of the National Institutes of Health. (2) Requirements The plan developed under paragraph (1) shall— (A) be updated on an annual basis; (B) identify critical scientific questions related to eating disorders and establish priorities among such questions; (C) based on the priorities established under subparagraph (B), specify the short- and long-range objectives to be achieved, and estimate the resources needed to achieve these objectives; (D) evaluate the sufficiency of existing research programs on eating disorders to meet the objectives specified under subparagraph (C), and establish objectives, timelines, and criteria for evaluating future research programs; (E) be coordinated with the activities of the Centers of Excellence receiving funds under section 499B(b); and (F) make recommendations for changes to existing research programs on eating disorders. (d) Budgetary authority (1) In general The Director of NIH shall— (A) in accordance with the strategic plan developed under subsection (c), annually prepare and submit to Congress a scientifically justified budget estimate for research on eating disorders to be conducted within the agencies of the National Institutes of Health, which shall include the amount of funds that will be required for— (i) the continued funding of ongoing discretionary program initiatives at the institutes, centers, and divisions of the National Institutes of Health; and (ii) the funding of new and complementary program initiatives; and (B) receive all research funds for eating disorders described in subparagraph (A), and allocate those funds to the institutes, centers, and divisions of the National Institutes of Health. (2) Effective date Paragraph (1)(B) shall become effective in the fiscal year following the submission of the first eating disorder budget described in paragraph (1)(A). (e) Evaluation and report (1) Evaluation The Director of NIH shall evaluate the effect of this section on the planning and coordination of research programs on eating disorders at the institutes, centers, and divisions of the National Institutes of Health, and the extent to which funding mandated under this section has followed the recommendation of the strategic plan developed under subsection (c). (2) Report Not later than 1 year after the date of enactment of this section, the Director of NIH shall prepare and submit to the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate, a report based on the evaluation described in paragraph (1). (f) Definitions In this part, the term eating disorder includes anorexia nervosa, bulimia nervosa, binge eating disorder, and eating disorders not otherwise specified (EDNOS), as defined in the fifth edition of Diagnostic and Statistical Manual of Mental Disorders or, if applicable, the most recent successor edition. 499B. Expansion, intensification, and coordination of activities of national institutes of health with respect to research on eating disorders (a) In general (1) Expansion of activities The Director of NIH shall expand, intensify, and coordinate the activities of the National Institutes of Health with respect to research on eating disorders. (2) Administration of program; coordination among agencies The Director of NIH shall carry out this section acting through the Director of the National Institute of Mental Health, and in collaboration with the Director of the Eunice Kennedy Shriver National Institute of Child Health and Human Development, the Director of the National Institute of Diabetes and Digestive and Kidney Diseases, the Director of the Office of Research on Women’s Health, and any other agencies or offices of the National Institutes of Health that the Director determines appropriate. (3) Task force (A) Establishment Before making grants under subsection (b) for Centers of Excellence, the Director of NIH shall establish a task force (in this paragraph referred to as the task force ) consisting of— (i) representatives of the institutes, centers, and divisions of the National Institutes of Health, as determined appropriate by the Director; (ii) eating disorders researchers, clinicians, and patient advocacy groups; and (iii) the general public. (B) Duties The task force shall— (i) assist researchers in developing applications and applying for grants and contracts to be awarded for Centers of Excellence under subsection (b); (ii) conduct a thorough examination of the field of eating disorders, create a list of priorities for eating disorders research, and develop a matrix of action items for such research; and (iii) conduct meetings to address issues with respect to eating disorders research, including guiding principles of Centers of Excellence under subsection (b); development of strategic research priorities; strategies for recruiting new scientists into the field of eating disorders and providing them with high-quality training; priorities and best practices for basic research, clinical research, treatment research, and prevention research; and development of a research infrastructure nationwide. (b) Centers of excellence (1) Grants (A) In general In carrying out subsection (a)(1), the Director of NIH shall award grants and contracts to public or nonprofit private entities, including universities, to— (i) conduct research on eating disorders designed to improve understanding of the etiology, early identification, prevention, best treatment, medical and psychological sequelae of and recovery from eating disorders; (ii) conduct training to perform such research; and (iii) pay all or part of the cost of planning, establishing, improving, and providing basic operating support for such research and training. (B) Centers of Excellence For purposes of this section, an entity that receives a grant or contract under subparagraph (A) shall be referred to as a Center of Excellence. (2) Research (A) In general Each Center of Excellence shall conduct basic research, clinical research, or both into eating disorders. (B) Requirements The research conducted by a Center of Excellence pursuant to subparagraph (A)— (i) shall be designed to improve understanding of the etiology, early identification, prevention, best treatment, medical and psychological sequelae of and recovery from eating disorders; (ii) shall be conducted in the fields of basic, clinical, prevention, and intervention sciences; and (iii) should include— (I) studies clarifying the nosology and assessment of eating disorders; (II) investigations to determine the biological, psychosocial, and behavioral risk factors that might appear in early childhood; (III) studies of promising treatments for eating disorders; (IV) evaluation of prevention programs for eating disorders; and (V) studies of the medical, psychological, and social sequelae of eating disorders. (C) Equal representation of research areas In awarding grants and contracts under paragraph (1), the Director of NIH shall, to the extent practicable and appropriate, ensure that each of the research areas required by clauses (i) and (ii) of subparagraph (B) are equally represented. (3) Training to perform eating disorders research Each Center of Excellence shall provide at least 3 positions for doctoral level and post-doctoral level research trainees. (4) Services for patients (A) In general A Center of Excellence may expend amounts provided under a grant or contract under such paragraph to carry out a program to make individuals aware of opportunities to participate as subjects in research conducted by such Centers. (B) Referrals and costs A program carried out under subparagraph (A) may, in accordance with such criteria as the Director of NIH may establish, provide to the subjects described in such subparagraph, referrals for health, mental health, and other services, and such patient care costs as are required for research. (C) Availability and access The extent to which a Center of Excellence can demonstrate availability and access to clinical services shall be considered by the Director of NIH in decisions about awarding grants or contracts to applicants that meet the scientific criteria for funding under this section. (5) Coordination of Centers of Excellence (A) In general The Director of the National Institute of Mental Health shall, as appropriate, provide for the coordination of information among Centers of Excellence and ensure regular communication between such Centers. (B) Periodic reports The Director of the National Institute of Mental Health may require the periodic preparation of reports on the activities of Centers of Excellence and the submission of such reports to the Director. (C) Collection and storage of data The Director of the National Institute of Mental Health shall establish and fund mechanisms and entities for collecting, storing, and coordinating data collected by Centers of Excellence and data generated from public and private research partnerships. (6) Organization Each Center of Excellence shall use the facilities of a single institution, or be formed from a consortium of cooperating institutions, meeting such requirements as may be prescribed by the Director of NIH. (7) Number; duration; additional periods (A) In general The Director of NIH shall award grants and contracts to not fewer than 3 entities under paragraph (1). (B) Duration Except as provided in subparagraph (C), a grant or contract awarded under paragraph (1) shall not exceed a period of 5 years. (C) Additional periods (i) Extension The period of a grant or contract awarded under paragraph (1) may be extended one or more additional periods not exceeding a total of 5 years if the operations of the Center of Excellence involved have been reviewed by an appropriate technical and scientific peer review group (including investigators from the field of eating disorders) established by the Director of NIH and the group has recommended to the Director that such period should be extended. (ii) Amount The amount of any grant or contract under paragraph (1) for an additional period described in clause (i) shall not exceed $2,000,000 per fiscal year. (D) Public input In carrying out this section, the Director of NIH shall provide for a means through which the public can obtain information on the existing and planned programs and activities of the National Institutes of Health with respect to eating disorders and through which the Director can receive comments from the public regarding such programs and activities. (c) Authorization of appropriations There is authorized to be appropriated to carry out this section, $20,000,000 for each of fiscal years 2014 through 2018. Amounts appropriated under this subsection shall be in addition to any other amounts appropriated for such purpose. 499C. Collaborative programs of research in eating disorders (a) In general The Director of NIH, acting through the Director of the National Institute of Mental Health, the Director of the National Institute of Diabetes and Digestive and Kidney Diseases, the Director of the Eunice Kennedy Shriver National Institute of Child Health and Human Development, the Director of the Office of Research on Women’s Health, and any other agencies or offices of the National Institutes of Health that the Director determines appropriate, in consultation with leading eating disorders researchers and clinicians, shall award grants and contracts to public or nonprofit private entities to pay all or part of the cost of planning, establishing, improving, and providing basic operating support for collaborative programs of research in eating disorders. (b) Research Each program established under subsection (a)— (1) shall conduct basic research, clinical research, or both into eating disorders; and (2) should conduct investigations into the cause, diagnosis, early detection, prevention and treatment of and recovery from eating disorders. (c) Coordination of programs (1) In general The Director of NIH shall, as appropriate, provide for the coordination of information among programs established under subsection (a), and Centers of Excellence receiving funding under section 499B, and ensure regular communication between such programs and Centers. (2) Periodic reports The Director of NIH may require the periodic preparation of reports on the activities of the programs established under subsection (a) and the submission of such reports to the Director. (3) Collection and storage of data The Director of NIH shall establish and fund mechanisms and entities for collecting, storing, and coordinating data collected by the programs established under subsection (a) and data generated from public and private research partnerships. (d) Organization Each program that receives funding under subsection (a) shall be formed from a consortium of cooperating institutions, meeting such requirements as may be prescribed by the Director of NIH. (e) Number and duration (1) In general The Director shall provide for the establishment of not fewer than 4 programs under subsection (a). (2) Duration Except as provided in paragraph (3), a grant or contract awarded under subsection (a) shall not exceed a period of 5 years. (3) Additional periods (A) Extension The period of a grant or contract awarded under subsection (a) may be extended for one or more additional periods not exceeding 5 years if the operations of the program involved have been reviewed by an appropriate technical and scientific peer review group established by the Director of NIH and the group has recommended to the Director that such period should be extended. (B) Amount The amount of any grant or contract under subsection (a) for an additional period described in subparagraph (A) shall not exceed $2,000,000 per fiscal year. (f) Rule of construction Nothing in this section shall be construed as precluding or otherwise affecting funding for any research on eating disorders in addition to the research funded under this section. (g) Authorization of appropriations There is authorized to be appropriated to carry out this section, $20,000,000 for each of fiscal years 2014 through 2018. Amounts appropriated under this subsection shall be in addition to any other amounts appropriated for such purpose. . 102. Eating disorders surveillance and research program Title III of the Public Health Service Act ( 42 U.S.C. 241 et seq. ) is amended by adding at the end thereof the following: W Programs relating to eating disorders 399OO. Eating disorders surveillance and research program (a) National eating disorders surveillance program (1) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention and in consultation with leading eating disorders researchers and clinicians— (A) shall provide for the collection, analysis, and reporting of epidemiological data on eating disorders through the existing surveillance programs of the Centers, such as the Behavioral Risk Factor Surveillance System; (B) shall make recommendations to enhance existing surveillance programs of the Centers, such as the Behavioral Risk Factor Surveillance System, to more accurately collect epidemiological data on disordered eating and eating disorders; (C) may award grants and cooperative agreements and may provide direct technical assistance to eligible entities for the collection, analysis, and reporting of such data; and (D) shall examine and improve requirements for reporting deaths on death certificates to accurately account for those cases in which an eating disorder is the underlying or contributing cause of death. (2) Eligibility To be eligible to receive a grant or cooperative agreement under paragraph (1)(C), an entity shall be a public or nonprofit private entity (including a health department of a State or political subdivisions of a State, a university, or any other educational institution), and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (b) Center of eating disorders epidemiology (1) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall establish a Center of Eating Disorders Epidemiology for the purpose of collecting and analyzing information on— (A) the number, incidence, incidence trends over time, correlates, mortality, and causes of eating disorders; (B) the effects of eating disorders on quality of life, including disability adjusted life years (DALY) and quality adjusted life years (QALY); and (C) economic analysis of the costs of eating disorders in the United States, including years of productive life lost, missed days of work, reduced work productivity, costs of medical and mental health treatment, prescriptions, other medications, hospitalizations, costs of medical and psychiatric comorbidities, costs to family, and costs to society. (2) Grants; cooperative agreements The Center of Eating Disorders Epidemiology under paragraph (1) shall be established and operated through the awarding of grants or cooperative agreements to one or more public or nonprofit private entities that conduct research, which may include a university or other educational entity. (3) Requirements To be eligible to receive a grant or cooperative agreement under paragraph (2), an entity shall submit to the Secretary an application containing such agreements and information as the Secretary may require, including an agreement that the Center of Eating Disorders Epidemiology will operate in accordance with the following: (A) The Center will collect, analyze, and report eating disorders data according to guidelines prescribed by the Director of the Centers for Disease Control and Prevention, after consultation with relevant State and local public health officials, private sector eating disorder researchers and clinicians, and advocates for those with eating disorders. (B) The Center will assist with the development and coordination of State eating disorders surveillance efforts within a region. (C) The Center will identify eligible cases and controls through its surveillance systems and conduct research into factors which may cause or increase the risk of eating disorders. (D) The Center will develop or extend an area of special research expertise (including genetics, environmental exposures, and other relevant research specialty areas). (c) Clearinghouse The Secretary, acting through the Director of the Centers for Disease Control and Prevention and in consultation with leading eating disorders researchers and clinicians, shall carry out the following: (1) Establishment The Secretary shall establish a clearinghouse within the Centers for Disease Control and Prevention for the collection and storage of data generated from the monitoring programs established under this section and part J of title IV. Through the clearinghouse, the Centers for Disease Control and Prevention shall serve as the coordinating agency for eating disorders surveillance activities. The functions of such clearinghouse shall include facilitating the coordination of research and policy development relating to the prevention, treatment, and epidemiology of eating disorders. (2) Facilitation of research The Secretary shall provide for the establishment of a program under which samples of tissues and genetic and other biological materials that are of use in research on eating disorders are donated, collected, preserved, and made available for such research. Such program shall be carried out in accordance with accepted scientific and medical standards for the donation, collection, and preservation of such samples, and shall be conducted so that the tissues and other materials saved, as well as any database compiled from such tissues and materials, are available to researchers at a reasonable cost. (3) Coordination The Centers for Disease Control and Prevention shall coordinate research and surveillance activities of such Centers with the National Institutes of Health, other appropriate Federal agencies, and interested nonprofit private entities, which shall be updated as determined appropriate by the Secretary. (d) Definition In this section, the term eating disorder includes anorexia nervosa, bulimia nervosa, binge eating disorder, and eating disorders not otherwise specified (EDNOS), as defined in the fifth edition of Diagnostic and Statistical Manual of Mental Disorders or, if applicable, the most recent successor edition. (e) Authorization of appropriations There is authorized to be appropriated to carry out this section, $2,000,000 for each of fiscal years 2014 through 2018. . II Education and Prevention 201. Study of mandatory BMI reporting in school Not later than 1 year after the date of the enactment of this Act, the Director of the Centers for Disease Control and Prevention, in consultation with the Secretary of Education and leading eating disorders researchers and clinicians, shall conduct a study and submit a report to the Congress on— (1) measuring the body mass index (in this section referred to as BMI ) of students for those schools (at any level including pre-schools, kindergartens, elementary schools, secondary schools, and institutions of higher education) that are measuring the BMI of students; (2) the impacts (both positive and negative) on students of such measures, including unhealthy weight control behaviors, perceptions of body image, eating disorder symptoms, and the incidence of teasing or bullying based on body size; and (3) the impacts (both positive and negative) of reporting the results of such measures to the parents of such students. 202. Training and education (a) In general The Secretary of Health and Human Services, acting through the Director of the Office on Women’s Health of the Department of Health and Human Services and in consultation with the Secretary of Education and with the Task Force for Health Professions established under section 399Z(b) of the Public Health Service Act (as added by section 203(a)(2) of this Act), shall— (1) expand the BodyWise Handbook and related fact sheets and resource lists available on the public Internet site of the National Women’s Health Information Center sponsored by the Office on Women’s Health, to include— (A) updated findings and conclusions as needed; and (B) thorough information about eating disorders relating to males as well as females; (2) incorporate, as appropriate, information from such BodyWise Handbook and related facts sheets and resource lists into the curriculum of the BodyWorks obesity prevention program developed by the Office on Women’s Health and training modules used in such obesity prevention program; and (3) promote and make publicly available (whether through a public Internet site or other method that does not impose a fee on users) the BodyWise Handbook and related fact sheets and resource lists, as updated under paragraph (1), and the BodyWorks obesity prevention program, as updated under paragraph (2), including for purposes of educating universities and nonprofit entities on eating disorders. (b) Authorization of appropriations There is authorized to be appropriated $1,000,000 to carry out subsection (a). 203. Health professional education and training Section 399Z of the Public Health Service Act ( 42 U.S.C. 280h–3 ) is amended— (1) by redesignating subsection (b) as subsection (d); and (2) by inserting after subsection (a) the following new subsections: (b) Task force on eating disorders (1) Establishment The Secretary, acting through the Administrator of the Health Resources and Services Administration and one or more of the Centers of Excellence receiving funds under section 499B(b), shall establish a Task Force for Health Professions (in this subsection referred to as the task force ) comprised of experts in the field of eating disorders (including researchers, clinicians, care providers, and experts in eating disorders education and prevention), individuals with eating disorders, and individuals with family members who have eating disorders. (2) Duties The task force shall— (A) develop, based on the BodyWise Handbook and related fact sheets and resource lists available on the public Internet site of the National Women’s Health Information Center sponsored by the Office on Women’s Health of the Department of Health and Human Services and updated under section 202(a)(1) of the Federal Response to Eliminate Eating Disorders Act of 2013, an evidence-based or emerging best-practices training program for health professionals on eating disorders; (B) award grants for implementation of such evidence-based training program; and (C) provide training and technical assistance to grant recipients. (3) Report Not later than 6 years after the date of the enactment of this subsection, the task force shall submit to the Congress and make publicly available a report on the training program developed under paragraph (2) and the results achieved through grants awarded for implementation of such program. (c) Definition In this section, the term eating disorder has the meaning given such term in section 399OO(d). ; and (3) by amending subsection (d) (as so redesignated) to read as follows: (d) Authorization of appropriations There are authorized to be appropriated— (1) to carry out subsection (a), $1,000,000 for fiscal year 2014 and $500,000 for each of fiscal years 2015 through 2018; and (2) to carry out subsection (b), $10,000,000 for each of fiscal years 2014 through 2018. . 204. Education and training for all health professionals Section 399Z of the Public Health Service Act ( 42 U.S.C. 280h–3 ), as amended by section 203(a), is further amended— (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; (2) by inserting after subsection (b) the following new subsection: (c) Grants regarding eating disorders (1) In general The Secretary may award grants to eligible entities to integrate training into existing curricula for primary care physicians and other licensed or certified health and mental health professionals on how to identify, refer, treat, and prevent eating disorders and aid individuals who suffer from eating disorders. (2) Application An entity that desires a grant under this subsection shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a plan for the use of funds that may be awarded and an evaluation of the training that will be provided. (3) Use of funds An entity that receives a grant under this subsection shall use the funds made available through such grant to— (A) use the training program developed by the Task Force for Health Professions under subsection (b)(2)(A), evidence-based findings, promising emerging best practices, or recommendations that pertain to the prevention and treatment of eating disorders to conduct educational training and conferences, including Internet-based courses and teleconferences, on— (i) how to treat or prevent eating disorders; (ii) how to discuss varied strategies with patients from at-risk and diverse populations to promote positive behavior change and healthy lifestyles to prevent eating disorders; (iii) how to identify individuals with eating disorders, and those who are at risk for suffering from eating disorders and, therefore, at risk for related serious and chronic medical and mental health conditions; and (iv) how to conduct a comprehensive assessment of individual and familial health risk factors; and (B) evaluate and report to the Task Force for Health Professions on the effectiveness of the training provided by such entity in increasing knowledge and changing attitudes and behaviors of trainees. ; and (3) in subsection (e) (as so redesignated)— (A) in paragraph (1), at the end by striking and ; (B) in paragraph (2), at the end by striking the period and inserting ; and ; and (C) by adding at the end the following new paragraph: (3) to carry out subsection (c), $10,000,000 for each of fiscal years 2014 through 2018. . 205. Education and training for school and higher education professionals (a) Task Force on Eating Disorders Prevention in Educational Institutions (1) Establishment Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services, in consultation with Centers of Excellence receiving funds under section 499B of the Public Health Service Act (as added by section 101 of this Act) and experts in eating disorder prevention and treatment, shall establish a Task Force on Eating Disorders Prevention in Educational Institutions (in this subsection referred to as the task force ). (2) Duties The task force shall— (A) expand upon and incorporate information from the BodyWise eating disorder initiative implemented by the Office on Women’s Health of the Department of Health and Human Services to develop and provide training on eating disorders identification and prevention for students, faculty, coaches, and staff in kindergartens, elementary schools, secondary schools, and institutions of higher education; (B) develop a program of educational seminars on eating disorders identification and prevention for use by grant recipients under subsection (b); and (C) provide training to grant recipients under subsection (b) on implementing such a program, including by integration into existing applicable training curricula. (b) Grants (1) Authorization The Secretary of Health and Human Services, acting through the Administrator of the Substance Abuse and Mental Health Services Administration, shall award grants to eligible entities— (A) to conduct educational seminars on eating disorders identification and prevention; and (B) to make resources available to individuals affected by eating disorders. (2) Educational seminars As a condition on the receipt of a grant under this subsection, an eligible entity shall agree to conduct educational seminars under paragraph (1)(A)— (A) in accordance with the program developed under subsection (a)(2)(B) by the Task Force on Eating Disorders Prevention in Educational Institutions; and (B) taking into consideration educational materials made available through the BodyWise eating disorder initiative of the Department of Health and Human Services and relevant research on eating disorders. (3) Eligible entity In this subsection, the term eligible entity means any State, territory, or possession of the United States, the District of Columbia, any Indian tribe or tribal organization (as defined in subsections (e) and (l), respectively, of section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b )), or a public or private educational institution, including an institution of higher education. 206. Eating disorder research and report Not later than 18 months after the date of the enactment of this Act, the National Center for Education Statistics and the National Center for Health Statistics shall conduct a study on the impact of eating disorders on educational advancement and achievement. The study shall— (1) determine the prevalence of eating disorders among students and the morbidity and mortality rates associated with eating disorders; (2) evaluate the extent to which students with eating disorders are more likely to miss school, have delayed rates of social, emotional, and physical development, or have reduced academic performance; (3) report on current State and local programs to prevent eating disorders, as well as evaluate the value of such programs; and (4) make recommendations on measures that could be undertaken by the Congress, the Department of Education, States, and local educational agencies to strengthen eating disorder prevention and awareness programs. 207. Public service announcements (a) In general The Director of the National Institute of Mental Health shall conduct a program of public service announcements to educate the public on— (1) the types of eating disorders; (2) the seriousness of eating disorders (including prevalence, comorbidities, and physical and mental health consequences); (3) how to detect, address, refer for help, and prevent eating disorders; (4) discrimination and bullying based on body size; (5) the effects of media on self esteem and body image; and (6) the signs and symptoms of eating disorders. (b) Collaboration The Director of the National Institute of Mental Health shall conduct the program under subsection (a) in collaboration with— (1) Centers of Excellence receiving funds under section 499B of the Public Health Service Act, as added by section 101; and (2) community-based national nonprofit resources that— (A) support individuals affected by eating disorders; and (B) work to prevent eating disorders and address body image and weight issues. (c) Announcement requirements In carrying out the program of public service announcements required by subsection (a), the Director of the National Institute of Mental Health shall ensure that such announcements— (1) address the full spectrum of eating disorders for both sexes and a variety of ethnicities and age groups; (2) do not promote or aggravate eating disorders, such as by incorporating images, specific behaviors, or statistics that make eating disorders seem attractive; (3) feature— (A) real people who are or were affected by eating disorders, including individuals who have died of such disorders; and (B) not actors or models in place of such people; (4) make clear that— (A) eating disorders are not a choice, but are serious and often deadly illnesses; and (B) individuals affected by eating disorders need to seek help; and (5) provide information on how and where to seek help for the treatment of eating disorders. 208. Sense of Congress It is the sense of the Congress that— (1) federally funded campaigns to fight obesity should address eating disorders; and (2) federally funded studies on obesity should include questions relating to eating disorders. III Treatment 301. Coverage for treatment for eating disorders under group health plans, individual health insurance coverage, and FEHBP (a) Public Health Service Act amendments (1) In general Title XXVII of the Public Health Service Act is amended by inserting after section 2728 ( 42 U.S.C. 300gg–28 ), as redesignated by section 1001(2) of the Patient Protection and Affordable Care Act ( Public Law 111–148 ), the following new section: 2729. Coverage for treatment for eating disorders (a) Coverage A group health plan, and a health insurance issuer offering group or individual health insurance coverage, that provides medical and surgical benefits shall provide coverage for treatment for eating disorders consistent with the provisions of this section. (b) Prohibitions A group health plan, and a health insurance issuer offering group or individual health insurance coverage, shall not— (1) deny to an individual eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan, solely for the purpose of avoiding the requirement of this section; (2) deny coverage for treatment of eating disorders, including coverage for residential treatment of eating disorders, if such treatment is medically necessary in accordance with the Practice Guidelines for the Treatment of Patients with Eating Disorders, as most recently published by the American Psychiatric Association; (3) provide monetary payments, rebates, or other benefits to individuals to encourage such individuals to accept less than the minimum protections available under this section; (4) penalize or otherwise reduce or limit the reimbursement of a provider because such provider provided care to an individual participant or beneficiary in accordance with this section; (5) provide incentives (monetary or otherwise) to a provider to induce such provider to provide care to an individual participant or beneficiary in a manner inconsistent with this section; or (6) deny to an individual participant or beneficiary continued eligibility to enroll or to renew coverage under the terms of the plan, solely because the individual was previously found to have an eating disorder or to have received treatment for an eating disorder. (c) Out-of-Network providers In the case of a group health plan, or health insurance issuer offering group or individual health insurance coverage, that provides both medical and surgical benefits and coverage for treatment for eating disorders, if the plan or coverage provides coverage for medical or surgical benefits provided by out-of-network providers, the plan or coverage shall provide coverage for treatment for eating disorders provided by out-of-network providers in a manner that is consistent with the requirements of this section. (d) Rule of construction Nothing in this section shall be construed as preventing a group health plan or issuer from imposing deductibles, coinsurance, or other cost-sharing in relation to treatment for eating disorders, except that such deductibles, coinsurance, or other cost-sharing may not be greater than the deductibles, coinsurance, or other cost-sharing imposed on other comparable medical or surgical services covered under the plan. (e) Preemption Nothing in this section shall be construed to preempt any State law in effect on the date of enactment of this section with respect to health insurance coverage that requires coverage of at least the coverage for treatment for eating disorders otherwise required under this section. (f) Eating disorders defined For purposes of this section, the term eating disorder includes anorexia nervosa, bulimia nervosa, binge eating disorder, and eating disorders not otherwise specified (EDNOS), as defined in the fifth edition of Diagnostic and Statistical Manual of Mental Disorders or, if applicable, the most recent successor edition. . (2) Treatment of individual market before 2014 For purposes of applying section 2729 of the Public Health Service Act, as inserted by paragraph (1), to individual health insurance coverage before 2014, the provisions of such section shall be treated as also included under part B of title XXVII of the Public Health Service Act. (b) ERISA amendments (1) In general Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1185 et seq. ) is amended by adding at the end the following new section: 716. Coverage for treatment for eating disorders (a) Coverage A group health plan, and a health insurance issuer offering group health insurance coverage in connection with a group health plan, that provides medical and surgical benefits shall provide coverage for treatment for eating disorders consistent with the provisions of this section. (b) Prohibitions A group health plan, and a health insurance issuer offering group health insurance coverage in connection with a group health plan, shall not— (1) deny to an individual eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan, solely for the purpose of avoiding the requirement of this section; (2) deny coverage for treatment of eating disorders, including coverage for residential treatment of eating disorders, if such treatment is medically necessary in accordance with the Practice Guidelines for the Treatment of Patients with Eating Disorders, as most recently published by the American Psychiatric Association; (3) provide monetary payments, rebates, or other benefits to individuals to encourage such individuals to accept less than the minimum protections available under this section; (4) penalize or otherwise reduce or limit the reimbursement of a provider because such provider provided care to an individual participant or beneficiary in accordance with this section; (5) provide incentives (monetary or otherwise) to a provider to induce such provider to provide care to an individual participant or beneficiary in a manner inconsistent with this section; or (6) deny to an individual participant or beneficiary continued eligibility to enroll or to renew coverage under the terms of the plan, solely because the individual was previously found to have an eating disorder or to have received treatment for an eating disorder. (c) Out-of-Network providers In the case of a group health plan, or health insurance issuer offering group health insurance coverage in connection with a group health plan, that provides both medical and surgical benefits and coverage for treatment for eating disorders, if the plan or coverage provides coverage for medical or surgical benefits provided by out-of-network providers, the plan or coverage shall provide coverage for treatment for eating disorders provided by out-of-network providers in a manner that is consistent with the requirements of this section. (d) Rule of construction Nothing in this section shall be construed as preventing a group health plan or issuer from imposing deductibles, coinsurance, or other cost-sharing in relation to treatment for eating disorders, except that such deductibles, coinsurance, or other cost-sharing may not be greater than the deductibles, coinsurance, or other cost-sharing imposed on other comparable medical or surgical services covered under the plan. (e) Preemption Nothing in this section shall be construed to preempt any State law in effect on the date of enactment of this section with respect to health insurance coverage that requires coverage of at least the coverage for treatment for eating disorders otherwise required under this section. (f) Eating disorders defined For purposes of this section, the term eating disorder includes anorexia nervosa, bulimia nervosa, binge eating disorder, and eating disorders not otherwise specified (EDNOS), as defined in the fifth edition of Diagnostic and Statistical Manual of Mental Disorders or, if applicable, the most recent successor edition. . (2) Conforming amendments (A) Section 732(a) of such Act ( 29 U.S.C. 1191a(a) ) is amended by striking section 711 and inserting sections 711 and 716 . (B) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 714 the following new items: Sec. 715. Additional market reforms. Sec. 716. Coverage for treatment for eating disorders. . (c) Internal Revenue Code amendments (1) In general Subchapter B of chapter 100 of the Internal Revenue Code of 1986, as amended by subsection (f) of section 1563 (relating to conforming amendments) of the Patient Protection and Affordable Care Act ( Public Law 111–148 ), is amended by inserting after section 9815 the following: 9816. Coverage for treatment for eating disorders (a) Coverage A group health plan that provides medical and surgical benefits shall provide coverage for treatment for eating disorders consistent with the provisions of this section. (b) Prohibitions A group health plan shall not— (1) deny to an individual eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan, solely for the purpose of avoiding the requirement of this section; (2) deny coverage for treatment of eating disorders, including coverage for residential treatment of eating disorders, if such treatment is medically necessary in accordance with the Practice Guidelines for the Treatment of Patients with Eating Disorders, as most recently published by the American Psychiatric Association; (3) provide monetary payments, rebates, or other benefits to individuals to encourage such individuals to accept less than the minimum protections available under this section; (4) penalize or otherwise reduce or limit the reimbursement of a provider because such provider provided care to an individual participant or beneficiary in accordance with this section; (5) provide incentives (monetary or otherwise) to a provider to induce such provider to provide care to an individual participant or beneficiary in a manner inconsistent with this section; or (6) deny to an individual participant or beneficiary continued eligibility to enroll or to renew coverage under the terms of the plan, solely because the individual was previously found to have an eating disorder or to have received treatment for an eating disorder. (c) Out-of-Network providers In the case of a group health plan that provides both medical and surgical benefits and coverage for treatment for eating disorders, if the plan provides coverage for medical or surgical benefits provided by out-of-network providers, the plan or coverage shall provide coverage for treatment for eating disorders provided by out-of-network providers in a manner that is consistent with the requirements of this section. (d) Rule of construction Nothing in this section shall be construed as preventing a group health plan or issuer from imposing deductibles, coinsurance, or other cost-sharing in relation to treatment for eating disorders, except that such deductibles, coinsurance, or other cost-sharing may not be greater than the deductibles, coinsurance, or other cost-sharing imposed on other comparable medical or surgical services covered under the plan. (e) Eating disorders defined For purposes of this section, the term eating disorder includes anorexia nervosa, bulimia nervosa, binge eating disorder, and eating disorders not otherwise specified (EDNOS), as defined in the fifth edition of Diagnostic and Statistical Manual of Mental Disorders or, if applicable, the most recent successor edition. . (2) Clerical amendment The table of sections of such subchapter is amended by adding at the end the following new items: Sec. 9815. Additional market reforms. Sec. 9816. Coverage for treatment for eating disorders. . (3) Conforming amendment Section 4980D(d)(1) of the Internal Revenue Code of 1986 is amended by striking section 9811 and inserting sections 9811 and 9816 . (d) Application under Federal Employees Health Benefits Program (FEHBP) Section 8902 of title 5, United States Code, is amended by adding at the end the following new subsection: (p) A contract may not be made or a plan approved which does not comply with the requirements of section 2729 of the Public Health Service Act. . (e) Effective Dates The amendments made by this section shall apply with respect to group health plans and health benefit plans for plan years beginning on or after the date that is 6 months after the date of the enactment of this Act, and with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after such date that is 6 months after such date of enactment. (f) Coordination of Administration The Secretary of Labor, the Secretary of Health and Human Services, and the Secretary of the Treasury shall ensure, through the execution of an interagency memorandum of understanding among such Secretaries, that— (1) regulations, rulings, and interpretations issued by such Secretaries relating to the same matter over which two or more such Secretaries have responsibility under the provisions of this section (and the amendments made thereby) are administered so as to have the same effect at all times; and (2) coordination of policies relating to enforcing the same requirements through such Secretaries in order to have a coordinated enforcement strategy that avoids duplication of enforcement efforts and assigns priorities in enforcement. IV Improving availability and access to treatment 401. Medicaid coverage for eating disorder treatment services (a) In general Section 1905 of the Social Security Act ( 42 U.S.C. 1396d(a) ), as amended by section 2301(a)(1) of the Patient Protection and Affordable Care Act ( Public Law 111–148 ) and section 1202(b) of the Health Care and Education Reconciliation Act of 2010 ( Public Law 111–152 ), is amended— (1) in subsection (a)— (A) in paragraph (28), by striking and at the end; (B) by redesignating paragraph (29) as paragraph (30); and (C) by inserting after paragraph (28) the following new paragraph: (29) eating disorder treatment services (as defined in subsection (ee)(1)); and ; and (2) by adding at the end the following new subsection: (ee) Eating disorder treatment services (1) Definition The term eating disorder treatment services means services relating to diagnosis and treatment of an eating disorder (as defined in section 399OO of the Public Health Service Act), including screening, counseling, pharmacotherapy (including coverage of drugs described in paragraph (2)), and other necessary health care services. (2) Coverage for pharmacological treatment of eating disorders For purposes of paragraph (1), eating disorder treatment services shall include drugs provided as part of care in an inpatient setting, covered outpatient drugs (as defined in section 1927(k)(2)), and non-prescription drugs described in section 1927(d)(2)(A) that are prescribed, in accordance with generally accepted medical guidelines, for treatment of an eating disorder. . (b) Increased FMAP for eating disorder treatment services Section 1905(b) of the Social Security Act ( 42 U.S.C. 1396d(b) ), as amended by section 4106(b) of the Patient Protection and Affordable Care Act, is amended— (1) by striking and before (5) ; and (2) by inserting before the period at the end the following: , and (6) the Federal medical assistance percentage shall be equal to the enhanced FMAP described in section 2105(b) with respect to medical assistance for eating disorder treatment services (as defined in subsection (ee)(1)) provided to an individual who is eligible for such assistance and has an eating disorder (as defined in section 399OO of the Public Health Service Act) . (c) Inclusion in EPSDT services Section 1905(r)(1)(B) of such Act ( 42 U.S.C. 1396d(r)(1)(B) ) is amended— (1) in clause (iv), by striking and at the end; (2) in clause (v), by striking the period at the end and inserting , and ; and (3) by inserting after clause (v) the following new clause: (vi) appropriate diagnostic services relating to eating disorders (as defined in section 399OO of the Public Health Service Act). . (d) Exception from optional restriction under Medicaid drug coverage Section 1927(d)(2)(A) of such Act ( 42 U.S.C. 1396r–8(d)(2)(A) ) is amended by inserting before the period at the end the following: , except for drugs that are prescribed, in accordance with generally accepted medical guidelines, for the purpose of treatment of an individual who is eligible for medical assistance under the State plan and has an eating disorder (as defined in section 399OO of the Public Health Service Act) . (e) Effective date The amendments made by this section shall apply to drugs and services furnished on or after the date of the enactment of this Act. 402. Grants to support patient advocacy Subpart II of part D of title IX of the Public Health Service Act ( 42 U.S.C. 299b–33 et seq. ), as amended by section 6301(b) of the Patient Protection and Affordable Care Act ( Public Law 111–148 ), is further amended by adding at the end the following: 938. Grants to support patient advocacy (a) Grants The Secretary, acting through the Director, shall award grants under this section to develop and support patient advocacy work to help individuals with eating disorders obtain adequate health care services and insurance coverage. (b) Eligibility To be eligible to receive a grant under this section, an entity shall— (1) be a public or nonprofit private entity (including a health department of a State or tribal agency, a community-based organization, or an institution of higher education); (2) prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including— (A) comprehensive strategies for advocating on behalf of, and working with, individuals with eating disorders or at risk for developing eating disorders; (B) a plan for consulting with community-based coalitions, treatment centers, or eating disorder research experts who have experience and expertise in issues related to eating disorders or patient advocacy in providing services under a grant awarded under this section; and (C) a plan for financial sustainability involving State, local, and private contributions. (c) Use of funds Amounts provided under a grant awarded under this section shall be used to support patient advocacy work, including— (1) providing education and outreach in community settings regarding eating disorders and associated health problems, especially among low-income, minority, and medically underserved populations; (2) facilitating access to appropriate, adequate, and timely health care for individuals with eating disorders and associated health problems; (3) assisting in communication and cooperation between patients and providers; (4) representing the interests of patients in managing health insurance claims and plans; (5) providing education and outreach regarding enrollment in health insurance, including enrollment in the Medicare program under title XVIII of the Social Security Act, the Medicaid program under title XIX of such Act, and the Children’s Health Insurance Program under title XXI of such Act; (6) identifying, referring, and enrolling underserved populations in appropriate health care agencies and community-based programs and organizations in order to increase access to high-quality health care services; (7) providing technical assistance, training, and organizational support for patient advocates; and (8) creating, operating, and participating in State or regional networks of patient advocates. (d) Requirements of grantees (1) Limitation on administrative expenses A grantee shall not use more than 5 percent of the amounts received under a grant under this section for administrative expenses. (2) Contribution of funds A grantee under this section, and any entity receiving assistance under the grant for training and education, shall contribute non-Federal funds, either directly or through in-kind contributions, to the costs of the activities to be funded under the grant in an amount that is not less than 50 percent of the total cost of such activities. (3) Reporting to Secretary A grantee under this section shall submit to the Secretary a report, at such time, in such manner, and containing such information as the Secretary may require, including a description and evaluation of the activities described in subsection (c) carried out by such entity. (e) Eating disorder In this section, the term eating disorder has the meaning given such term in section 399OO(e). (f) Authorization of appropriations To carry out this section, there are authorized to be appropriated $1,000,000 for each of fiscal years 2014 through 2018. . | https://www.govinfo.gov/content/pkg/BILLS-113hr2101ih/xml/BILLS-113hr2101ih.xml |
113-hr-2102 | I 113th CONGRESS 1st Session H. R. 2102 IN THE HOUSE OF REPRESENTATIVES May 22, 2013 Ms. Esty (for herself, Ms. DeLauro , Mr. Larson of Connecticut , Mr. Courtney , and Mr. Himes ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To provide financial assistance for school construction after a violent or traumatic crisis.
1. Short title This Act may be cited as the Helping Communities Rebuild After Deadly School Shootings and Other Traumatic Events Act . 2. Grant authority for school construction Section 4121 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7131 ) is amended— (1) in subsection (a)— (A) by redesignating paragraph (9) as paragraph (10); (B) in paragraph (8), by striking and after the semicolon; and (C) by inserting after paragraph (8) the following: (9) from the funds appropriated under subsection (c), and notwithstanding section 4154(1), the provision of financial assistance (not to exceed 50 percent of the total cost specified in the application) for a local educational agency that has an application approved by the Secretary and serves a school in which the learning environment has been disrupted due to a violent or traumatic crisis that took place on the school campus, to enable such local educational agency to carry out— (A) the acquisition (by purchase, lease, donation, or otherwise) of an interest in improved or unimproved real property that the local educational agency deems necessary to commence or continue an appropriate learning environment in a public elementary or secondary school, as a result of damage incurred by a violent or traumatic crisis; and (B) the construction of new facilities, or the renovation, repair, or alteration of existing facilities, that the local educational agency deems necessary to commence or continue an appropriate learning environment in a public elementary or secondary school, as a result of damage incurred by a violent or traumatic crisis; and ; and (2) by adding at the end the following: (c) Authorization of appropriations There are authorized to be appropriated to carry out the activities described in subsection (a)(9) such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. Funds made available to carry out subsection (a)(9) shall remain available until expended. . | https://www.govinfo.gov/content/pkg/BILLS-113hr2102ih/xml/BILLS-113hr2102ih.xml |
113-hr-2103 | I 113th CONGRESS 1st Session H. R. 2103 IN THE HOUSE OF REPRESENTATIVES May 22, 2013 Mr. Frelinghuysen introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To direct the Administrator of the Federal Emergency Management Agency to designate New Jersey Task Force 1 as part of the National Urban Search and Rescue System.
1. Addition of team to national urban search and rescue system (a) Findings Congress finds the following: (1) The terrorist attacks of September 11, 2001, demonstrated the importance of enhancing national domestic terrorism preparedness. (2) Twenty-six of the 28 urban search and rescue teams included in the National Urban Search and Rescue System of the Federal Emergency Management Agency were called into action in the wake of the events of September 11th. (3) Highly qualified, urban search and rescue teams not included in the National Urban Search and Rescue System were the first teams in New York City on September 11th. (4) The continuing threat of a possible domestic terrorist attack remains an important mission for which the Nation must prepare to respond. (5) Part of that response should be to increase the number of urban search and rescue teams included in the National Urban Search and Rescue System. (b) Addition of new jersey task force 1 The Administrator of the Federal Emergency Management Agency shall designate New Jersey Task Force 1 as part of the National Urban Search and Rescue System. | https://www.govinfo.gov/content/pkg/BILLS-113hr2103ih/xml/BILLS-113hr2103ih.xml |
113-hr-2104 | I 113th CONGRESS 1st Session H. R. 2104 IN THE HOUSE OF REPRESENTATIVES May 22, 2013 Mr. Frelinghuysen introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title 18, United States Code, and the Social Security Act to limit the misuse of Social Security numbers, to establish criminal penalties for such misuse, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Protecting the Privacy of Social Security Numbers Act of 2013 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Prohibition of the display, sale, or purchase of Social Security numbers. Sec. 4. Application of prohibition of the display, sale, or purchase of Social Security numbers to public records. Sec. 5. Rulemaking authority of the Attorney General. Sec. 6. Limits on personal disclosure of a Social Security number for consumer transactions. Sec. 7. Extension of civil monetary penalties for misuse of a Social Security number. Sec. 8. Criminal penalties for the misuse of a Social Security number. Sec. 9. Civil actions and civil penalties. Sec. 10. Federal injunctive authority. 2. Findings The Congress makes the following findings: (1) The inappropriate display, sale, or purchase of Social Security numbers has contributed to a growing range of illegal activities, including fraud, identity theft, and, in some cases, stalking and other violent crimes. (2) While financial institutions, health care providers, and other entities have often used Social Security numbers to confirm the identity of an individual, the general display to the public, sale, or purchase of these numbers has been used to commit crimes, and also can result in serious invasions of individual privacy. (3) The Federal Government requires virtually every individual in the United States to obtain and maintain a Social Security number in order to pay taxes, to qualify for Social Security benefits, or to seek employment. An unintended consequence of these requirements is that Social Security numbers have become one of the tools that can be used to facilitate crime, fraud, and invasions of the privacy of the individuals to whom the numbers are assigned. Because the Federal Government created and maintains this system, and because the Federal Government does not permit individuals to exempt themselves from those requirements, it is appropriate for the Federal Government to take steps to stem the abuse of Social Security numbers. (4) The display, sale, or purchase of Social Security numbers in no way facilitates uninhibited, robust, and wide-open public debate, and restrictions on such display, sale, or purchase would not affect public debate. (5) No one should seek to profit from the display, sale, or purchase of Social Security numbers in circumstances that create a substantial risk of physical, emotional, or financial harm to the individuals to whom those numbers are assigned. (6) Consequently, this Act provides each individual that has been assigned a Social Security number some degree of protection from the display, sale, and purchase of that number in any circumstance that might facilitate unlawful conduct. 3. Prohibition of the display, sale, or purchase of Social Security numbers (a) Prohibition (1) In general Chapter 47 of title 18, United States Code, is amended by inserting after section 1028A the following: 1028B. Prohibition of the display, sale, or purchase of Social Security numbers (a) Definitions In this section: (1) Display The term display means to intentionally communicate or otherwise make available (on the Internet or in any other manner) to the general public an individual’s Social Security number. (2) Person The term person means any individual, partnership, corporation, trust, estate, cooperative, association, or any other entity. (3) Purchase The term purchase means providing directly or indirectly, anything of value in exchange for a Social Security number. (4) Sale The term sale means obtaining, directly or indirectly, anything of value in exchange for a Social Security number. (5) State The term State means any State of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, and any territory or possession of the United States. (b) Limitation on display Except as provided in section 1028C, no person may display any individual’s Social Security number to the general public without the affirmatively expressed consent of the individual. (c) Limitation on sale or purchase Except as otherwise provided in this section, no person may sell or purchase any individual’s Social Security number without the affirmatively expressed consent of the individual. (d) Prerequisites for consent In order for consent to exist under subsection (b) or (c), the person displaying or seeking to display, selling or attempting to sell, or purchasing or attempting to purchase, an individual’s Social Security number shall— (1) inform the individual of the general purpose for which the number will be used, the types of persons to whom the number may be available, and the scope of transactions permitted by the consent; and (2) obtain the affirmatively expressed consent (electronically or in writing) of the individual. (e) Exceptions Nothing in this section shall be construed to prohibit or limit the display, sale, or purchase of a Social Security number— (1) required, authorized, or excepted under any Federal law; (2) for a public health purpose, including the protection of the health or safety of an individual in an emergency situation; (3) for a national security purpose; (4) for a law enforcement purpose, including the investigation of fraud and the enforcement of a child support obligation; (5) if the display, sale, or purchase of the number is for a use occurring as a result of an interaction between businesses, governments, or business and government (regardless of which entity initiates the interaction), including, but not limited to— (A) the prevention of fraud (including fraud in protecting an employee’s right to employment benefits); (B) the facilitation of credit checks or the facilitation of background checks of employees, prospective employees, or volunteers; (C) the retrieval of other information from other businesses, commercial enterprises, government entities, or private nonprofit organizations; or (D) when the transmission of the number is incidental to, and in the course of, the sale, lease, franchising, or merger of all, or a portion of, a business; (6) if the transfer of such a number is part of a data matching program involving a Federal, State, or local agency; or (7) if such number is required to be submitted as part of the process for applying for any type of Federal, State, or local government benefit or program; except that, nothing in this subsection shall be construed as permitting a professional or commercial user to display or sell a Social Security number to the general public. (f) Limitation Nothing in this section shall prohibit or limit the display, sale, or purchase of Social Security numbers as permitted under title V of the Gramm-Leach-Bliley Act, or for the purpose of affiliate sharing as permitted under the Fair Credit Reporting Act , except that no entity regulated under such Acts may make Social Security numbers available to the general public, as may be determined by the appropriate regulators under such Acts. For purposes of this subsection, the general public shall not include affiliates or unaffiliated third-party business entities as may be defined by the appropriate regulators. . (2) Conforming amendment The chapter analysis for chapter 47 of title 18, United States Code, is amended by inserting after the item relating to section 1028A the following: 1028B. Prohibition of the display, sale, or purchase of Social Security numbers. . (b) Effective date The amendments made by this section shall take effect on the date that is 30 days after the date on which the final regulations promulgated under section 5 are published in the Federal Register. 4. Application of Prohibition of the display, sale, or purchase of Social Security numbers to public records (a) Public records exception (1) In general Chapter 47 of title 18, United States Code (as amended by section 3(a)(1)), is amended by inserting after section 1028B the following: 1028C. Display, sale, or purchase of public records containing Social Security numbers (a) Definition In this section, the term public record means any governmental record that is made available to the general public. (b) In general Except as provided in subsections (c), (d), and (e), section 1028B shall not apply to a public record. (c) Public records on the Internet or in an electronic medium (1) In general Section 1028B shall apply to any public record first posted onto the Internet or provided in an electronic medium by, or on behalf of, a government entity after the date of the enactment of this section, except as limited by the Attorney General in accordance with paragraph (2). (2) Exception for government entities already placing public records on the Internet or in electronic form Not later than 60 days after the date of the enactment of this section, the Attorney General shall issue regulations regarding the applicability of section 1028B to any record of a category of public records first posted onto the Internet or provided in an electronic medium by, or on behalf of, a government entity prior to the date of the enactment of this section. The regulations will determine which individual records within categories of records of these government entities, if any, may continue to be posted on the Internet or in electronic form after the effective date of this section. In promulgating these regulations, the Attorney General may include in the regulations a set of procedures for implementing the regulations and shall consider the following: (A) The cost and availability of technology available to a governmental entity to redact Social Security numbers from public records first provided in electronic form after the effective date of this section. (B) The cost or burden to the general public, businesses, commercial enterprises, non-profit organizations, and to Federal, State, and local governments of complying with section 1028B with respect to such records. (C) The benefit to the general public, businesses, commercial enterprises, non-profit organizations, and to Federal, State, and local governments if the Attorney General were to determine that section 1028B should apply to such records. Nothing in the regulation shall permit a public entity to post a category of public records on the Internet or in electronic form after the effective date of this section if such category had not been placed on the Internet or in electronic form prior to such effective date. (d) Harvested Social Security numbers Section 1028B shall apply to any public record of a government entity which contains Social Security numbers extracted from other public records for the purpose of displaying or selling such numbers to the general public. (e) Attorney General rulemaking on paper records (1) In general Not later than 60 days after the date of the enactment of this section, the Attorney General shall determine the feasibility and advisability of applying section 1028B to the records listed in paragraph (2) when they appear on paper or on another nonelectronic medium. If the Attorney General deems it appropriate, the Attorney General may issue regulations applying section 1028B to such records. (2) List of paper and other nonelectronic records The records listed in this paragraph are as follows: (A) Professional or occupational licenses. (B) Marriage licenses. (C) Birth certificates. (D) Death certificates. (E) Other short public documents that display a Social Security number in a routine and consistent manner on the face of the document. (3) Criteria for Attorney General review In determining whether section 1028B should apply to the records listed in paragraph (2), the Attorney General shall consider the following: (A) The cost or burden to the general public, businesses, commercial enterprises, non-profit organizations, and to Federal, State, and local governments of complying with section 1028B. (B) The benefit to the general public, businesses, commercial enterprises, non-profit organizations, and to Federal, State, and local governments if the Attorney General were to determine that section 1028B should apply to such records. . (2) Conforming amendment The chapter analysis for chapter 47 of title 18, United States Code (as amended by section 3(a)(2)), is amended by inserting after the item relating to section 1028B the following: 1028C. Display, sale, or purchase of public records containing Social Security numbers. . (b) Effective date The prohibition with respect to electronic versions of new classes of public records under section 1028C(b) of title 18, United States Code (as added by subsection (a)(1)) shall not take effect until the date that is 60 days after the date of the enactment of this Act. 5. Rulemaking authority of the Attorney General (a) In general Except as provided in subsection (b), the Attorney General may prescribe such rules and regulations as the Attorney General deems necessary to carry out the provisions of section 1028B(e)(5) of title 18, United States Code (as added by section 3(a)(1)). (b) Display, sale, or purchase rulemaking with respect to interactions between businesses, governments, or business and government (1) In general Not later than 1 year after the date of the enactment of this Act, the Attorney General, in consultation with the Commissioner of Social Security, the Chairman of the Federal Trade Commission, and such other heads of Federal agencies as the Attorney General determines appropriate, shall conduct such rulemaking procedures in accordance with subchapter II of chapter 5 of title 5, United States Code, as are necessary to promulgate regulations to implement and clarify the uses occurring as a result of an interaction between businesses, governments, or business and government (regardless of which entity initiates the interaction) permitted under section 1028B(e)(5) of title 18, United States Code (as added by section 3(a)(1)). (2) Factors to be considered In promulgating the regulations required under paragraph (1), the Attorney General shall, at a minimum, consider the following: (A) The benefit to a particular business, to customers of the business, and to the general public of the display, sale, or purchase of an individual’s Social Security number. (B) The costs that businesses, customers of businesses, and the general public may incur as a result of prohibitions on the display, sale, or purchase of Social Security numbers. (C) The risk that a particular business practice will promote the use of a Social Security number to commit fraud, deception, or crime. (D) The presence of adequate safeguards, procedures, and technologies to prevent— (i) misuse of Social Security numbers by employees within a business; and (ii) misappropriation of Social Security numbers by the general public, while permitting internal business uses of such numbers. (E) The presence of procedures to prevent identity thieves, stalkers, and other individuals with ill intent from posing as legitimate businesses to obtain Social Security numbers. (F) The impact of such uses on privacy. 6. Limits on personal disclosure of a Social Security number for consumer transactions (a) In general Part A of title XI of the Social Security Act ( 42 U.S.C. 1301 et seq. ) is amended by adding at the end the following: 1150C. Limits on personal disclosure of a Social Security number for consumer transactions (a) In general A commercial entity may not require an individual to provide the individual’s Social Security number when purchasing a commercial good or service or deny an individual the good or service for refusing to provide that number except— (1) for any purpose relating to— (A) obtaining a consumer report for any purpose permitted under the Fair Credit Reporting Act ; (B) a background check of the individual conducted by a landlord, lessor, employer, voluntary service agency, or other entity as determined by the Attorney General; (C) law enforcement; or (D) a Federal, State, or local law requirement; or (2) if the Social Security number is necessary to verify the identity of the consumer to effect, administer, or enforce the specific transaction requested or authorized by the consumer, or to prevent fraud. (b) Application of civil money penalties A violation of this section shall be deemed to be a violation of section 1129(a)(3)(F). (c) Application of criminal penalties A violation of this section shall be deemed to be a violation of section 208(a)(8). (d) Limitation on class actions No class action alleging a violation of this section shall be maintained under this section by an individual or any private party in Federal or State court. (e) State Attorney General enforcement (1) In general (A) Civil actions In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any person in a practice that is prohibited under this section, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction to— (i) enjoin that practice; (ii) enforce compliance with such section; (iii) obtain damages, restitution, or other compensation on behalf of residents of the State; or (iv) obtain such other relief as the court may consider appropriate. (B) Notice (i) In general Before filing an action under subparagraph (A), the attorney general of the State involved shall provide to the Attorney General— (I) written notice of the action; and (II) a copy of the complaint for the action. (ii) Exemption (I) In general Clause (i) shall not apply with respect to the filing of an action by an attorney general of a State under this subsection, if the State attorney general determines that it is not feasible to provide the notice described in such subparagraph before the filing of the action. (II) Notification With respect to an action described in subclause (I), the attorney general of a State shall provide notice and a copy of the complaint to the Attorney General at the same time as the State attorney general files the action. (2) Intervention (A) In general On receiving notice under paragraph (1)(B), the Attorney General shall have the right to intervene in the action that is the subject of the notice. (B) Effect of intervention If the Attorney General intervenes in the action under paragraph (1), the Attorney General shall have the right to be heard with respect to any matter that arises in that action. (3) Construction For purposes of bringing any civil action under paragraph (1), nothing in this section shall be construed to prevent an attorney general of a State from exercising the powers conferred on such attorney general by the laws of that State to— (A) conduct investigations; (B) administer oaths or affirmations; or (C) compel the attendance of witnesses or the production of documentary and other evidence. (4) Actions by the Attorney General of the United States In any case in which an action is instituted by or on behalf of the Attorney General for violation of a practice that is prohibited under this section, no State may, during the pendency of that action, institute an action under paragraph (1) against any defendant named in the complaint in that action for violation of that practice. (5) Venue; service of process (A) Venue Any action brought under paragraph (1) may be brought in the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code. (B) Service of process In an action brought under paragraph (1), process may be served in any district in which the defendant— (i) is an inhabitant; or (ii) may be found. (f) Sunset This section shall not apply on or after the date that is 6 years after the effective date of this section. . (b) Evaluation and report Not later than the date that is 6 years and 6 months after the date of the enactment of this Act, the Attorney General, in consultation with the chairman of the Federal Trade Commission, shall issue a report evaluating the effectiveness and efficiency of section 1150C of the Social Security Act (as added by subsection (a)) and shall make recommendations to the Congress as to any legislative action determined to be necessary or advisable with respect to such section, including a recommendation regarding whether to reauthorize such section. (c) Effective date The amendment made by subsection (a) shall apply to requests to provide a Social Security number occurring after the date that is 1 year after the date of the enactment of this Act. 7. Extension of civil monetary penalties for misuse of a Social Security number (a) Application of civil money penalties to elements of criminal violations Section 1129(a) of the Social Security Act (42 U.S.C. 1320a–8(a)) is amended— (1) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; (2) by designating the last sentence of paragraph (1) as paragraph (2) and inserting such paragraph after paragraph (1); and (3) by inserting after paragraph (2) (as so designated and inserted under paragraph (2) of this subsection) the following: (3) Any person (including an organization, agency, or other entity) who— (A) uses a Social Security account number that such person knows or should know has been assigned by the Commissioner of Social Security (in an exercise of authority under section 205(c)(2) to establish and maintain records) on the basis of false information furnished to the Commissioner by any person; (B) falsely represents a number to be the Social Security account number assigned by the Commissioner of Social Security to any individual, when such person knows or should know that such number is not the Social Security account number assigned by the Commissioner to such individual; (C) knowingly alters a Social Security card issued by the Commissioner of Social Security, or possesses such a card with intent to alter it; (D) knowingly displays, sells, or purchases a card that is, or is purported to be, a card issued by the Commissioner of Social Security, or possesses such a card with intent to display, purchase, or sell it; (E) counterfeits a Social Security card, or possesses a counterfeit Social Security card with intent to display, sell, or purchase it; (F) discloses, uses, compels the disclosure of, or knowingly displays, sells, or purchases the Social Security account number of any person in violation of the laws of the United States; (G) with intent to deceive the Commissioner of Social Security as to such person’s true identity (or the true identity of any other person) furnishes or causes to be furnished false information to the Commissioner with respect to any information required by the Commissioner in connection with the establishment and maintenance of the records provided for in section 205(c)(2); (H) offers, for a fee, to acquire for any individual, or to assist in acquiring for any individual, an additional Social Security account number or a number which is or is purported to be a Social Security account number; or (I) being an officer or employee of a Federal, State, or local agency in possession of any individual’s Social Security account number, willfully acts or fails to act so as to cause a violation by such agency of section 205(c)(2)(C)(vi)(II) (relating to prohibition of display of Social Security account numbers on driver’s licenses, motor vehicle registrations, and personal identification cards) or section 205(c)(2)(C)(x) (added by Public Law 111–318 and relating to prohibition of display of Social Security account numbers on checks issued for payment by Federal, State, or local agencies), shall be subject to, in addition to any other penalties that may be prescribed by law, a civil money penalty of not more than $5,000 for each violation. Such person shall also be subject to an assessment, in lieu of damages sustained by the United States resulting from such violation, of not more than twice the amount of any benefits or payments paid as a result of such violation. . (b) Effective dates (1) In general Except as provided in paragraph (2), the amendments made by this section shall apply with respect to violations of section 1129 of the Social Security Act (42 U.S.C. 1320–8), as amended by this section, committed after the date of the enactment of this Act. (2) Violations by government agents in possession of Social Security numbers Section 1129(a)(3)(I) of the Social Security Act (42 U.S.C. 1320a–8(a)(3)(I)), as added by subsection (a), shall apply with respect to violations of that section occurring on or after the effective date described in section 3(c). 8. Criminal penalties for the misuse of a Social Security number (a) Prohibition of wrongful use as personal identification number No person may obtain any individual’s Social Security number for purposes of locating or identifying an individual with the intent to physically injure, harm, or use the identity of the individual for any illegal purpose. (b) Criminal sanctions Section 208(a) of the Social Security Act ( 42 U.S.C. 408(a) ) is amended— (1) in paragraph (8), by adding or after the semicolon; and (2) by inserting after paragraph (8) the following: (9) except as provided in subsections (e) and (f) of section 1028B of title 18, United States Code, knowingly and willfully displays, sells, or purchases (as those terms are defined in section 1028B(a) of title 18, United States Code) any individual’s Social Security account number without having met the prerequisites for consent under section 1028B(d) of title 18, United States Code; or (10) obtains any individual’s Social Security number for the purpose of locating or identifying the individual with the intent to injure or to harm that individual, or to use the identity of that individual for an illegal purpose; . 9. Civil actions and civil penalties (a) Civil action in State courts (1) In general Any individual aggrieved by an act of any person in violation of this Act, any amendments made by this Act, or clause (x) or (xi) of section 205(c)(2)(C) of the Social Security Act (added by the Social Security Number Protection Act of 2010 ( Public Law 111–318 )) may, if otherwise permitted by the laws or rules of the court of a State, bring in an appropriate court of that State— (A) an action to enjoin such violation; (B) an action to recover for actual monetary loss from such a violation, or to receive up to $500 in damages for each such violation, whichever is greater; or (C) both such actions. It shall be an affirmative defense in any action brought under this paragraph that the defendant has established and implemented, with due care, reasonable practices and procedures to effectively prevent violations of the provisions of this Act, the amendments made by this Act, such clause (x) or (xi), or regulations prescribed under this Act, such amendments, or such clause. If the court finds that the defendant willfully or knowingly violated any such provision, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under subparagraph (B). (2) Statute of limitations An action may be commenced under this subsection not later than the earlier of— (A) 5 years after the date on which the alleged violation occurred; or (B) 3 years after the date on which the alleged violation was or should have been reasonably discovered by the aggrieved individual. (3) Nonexclusive remedy The remedy provided under this subsection shall be in addition to any other remedies available to the individual. (b) Civil penalties (1) In general Any person who the Attorney General determines has violated any provision of this Act, the amendments made by this Act, or clause (x) or (xi) of section 205(c)(2)(C) of the Social Security Act (added by the Social Security Number Protection Act of 2010 ( Public Law 111–318 )) shall be subject, in addition to any other penalties that may be prescribed by law— (A) to a civil penalty of not more than $5,000 for each such violation; and (B) to a civil penalty of not more than $50,000, if the violations have occurred with such frequency as to constitute a general business practice. (2) Determination of violations Any willful violation committed contemporaneously with respect to the Social Security numbers of two or more individuals by means of mail, telecommunication, or otherwise, shall be treated as a separate violation with respect to each such individual. (3) Enforcement procedures The provisions of section 1128A of the Social Security Act (42 U.S.C. 1320a–7a), other than subsections (a), (b), (f), (h), (i), (j), (m), and (n) and the first sentence of subsection (c) of such section, and the provisions of subsections (d) and (e) of section 205 of such Act ( 42 U.S.C. 405 ) shall apply to a civil penalty action under this subsection in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a) of such Act (42 U.S.C. 1320a–7a(a)), except that, for purposes of this paragraph, any reference in section 1128A of such Act ( 42 U.S.C. 1320a–7a ) to the Secretary shall be deemed to be a reference to the Attorney General. 10. Federal injunctive authority In addition to any other enforcement authority conferred under this Act or the amendments made by this Act, the Federal Government shall have injunctive authority with respect to any violation by a public entity of any provision of this Act, of any amendments made by this Act, or of clause (x) or (xi) of section 205(c)(2)(C) of the Social Security Act (added by the Social Security Number Protection Act of 2010 ( Public Law 111–318 )). | https://www.govinfo.gov/content/pkg/BILLS-113hr2104ih/xml/BILLS-113hr2104ih.xml |
113-hr-2105 | I 113th CONGRESS 1st Session H. R. 2105 IN THE HOUSE OF REPRESENTATIVES May 22, 2013 Mr. Kilmer (for himself and Mr. Bridenstine ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend the National Defense Authorization Act for Fiscal Year 2010 to extend the pilot program for the temporary exchange of information technology personnel.
1. Short title This Act may be cited as the Information Technology Exchange Program Act of 2013 or the ITEP Act of 2013 . 2. Extension of exchange program (a) In general Section 1110(d) of the National Defense Authorization Act for Fiscal Year 2010 ( 5 U.S.C. 3702 note) is amended by striking 2013 and inserting 2023 . (b) Reporting requirement Section 1110(i) of such Act is amended by striking 2015, and inserting 2024, . | https://www.govinfo.gov/content/pkg/BILLS-113hr2105ih/xml/BILLS-113hr2105ih.xml |
113-hr-2106 | I 113th CONGRESS 1st Session H. R. 2106 IN THE HOUSE OF REPRESENTATIVES May 22, 2013 Mr. Kind (for himself and Mr. Sensenbrenner ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To authorize and request the President to award the Medal of Honor posthumously to First Lieutenant Alonzo H. Cushing for acts of valor during the Civil War.
1. Findings Congress makes the following findings: (1) Alonzo H. Cushing was born in Delafield, Wisconsin, on January 19, 1841. (2) Alonzo H. Cushing graduated from the United States Military Academy at West Point, New York, on June 24, 1861. (3) On July 3, 1863, First Lieutenant Alonzo H. Cushing commanded Battery A, 4th United States Artillery, Army of the Potomac, in the defense of the Angle on Cemetery Ridge during the Battle of Gettysburg. (4) During the battle, First Lieutenant Alonzo H. Cushing was shot multiple times, but refused to retreat. (5) First Lieutenant Alonzo H. Cushing continued to command his battery until he was shot and killed. (6) The Union victory at the Battle of Gettysburg was one of the key turning points in the Civil War. (7) The Secretary of the Army and the Secretary of Defense have determined that the actions of First Lieutenant Alonzo H. Cushing do merit the award of the Medal of Honor. 2. Authorization for award of the Medal of Honor to First Lieutenant Alonzo H. Cushing for acts of valor during the Civil War (a) Authorization Notwithstanding the time limitations specified in section 3744 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President is authorized and requested to award the Medal of Honor under section 3741 of such title to then First Lieutenant Alonzo H. Cushing for conspicuous acts of gallantry and intrepidity at the risk of life and beyond the call of duty in the Civil War, as described in subsection (b). (b) Acts of valor described The acts of valor referred to in subsection (a) are the actions of then First Lieutenant Alonzo H. Cushing while in command of Battery A, 4th United States Artillery, Army of the Potomac, at Gettysburg, Pennsylvania, on July 3, 1863, during the American Civil War. | https://www.govinfo.gov/content/pkg/BILLS-113hr2106ih/xml/BILLS-113hr2106ih.xml |
113-hr-2107 | I 113th CONGRESS 1st Session H. R. 2107 IN THE HOUSE OF REPRESENTATIVES May 22, 2013 Ms. Lee of California (for herself, Mr. Grijalva , Mr. Cicilline , Mr. Nolan , Ms. Slaughter , and Ms. McCollum ) introduced the following bill; which was referred to the Select Committee on Intelligence (Permanent Select) , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To prohibit monetary payments by the Federal Government to employees, officers, and elected officials of foreign countries for purposes of bribery, coercion, or any activity that is illegal or undermines the rule of law or corrupts a public officer or the office such officer represents, and for other purposes.
1. Short title This Act may be cited as the No More Ghost Money Act . 2. Findings Congress finds the following: (1) On May 4, 2013, President of Afghanistan Hamid Karzai revealed that the Central Intelligence Agency regularly made cash payments to his office. (2) The corrupt practice of making such payments undermines the rule of law and undercuts a central strategic United States goal in Afghanistan: establishing a credible and transparent Afghan government responsive to popular concerns. 3. Prohibition of payments to individuals affiliated with foreign governments (a) Prohibition Subject to section 5, no department or agency of the Federal Government or contractor to the Federal Government may make a monetary payment to an employee, officer, elected official, or representative of the government of a foreign country for the purposes of bribery, coercion, or any activity that is illegal or undermines the rule of law or corrupts a public officer or the office such officer represents. (b) Procedures The President shall establish procedures to carry out and enforce the prohibition under subsection (a). 4. Report on payments to individuals affiliated with the Government of Afghanistan Subject to section 5, not later than 180 days after the date of the enactment of this Act, the Director of the Central Intelligence Agency shall submit to Congress a report on all monetary payments made by the Central Intelligence Agency to employees, officers, elected officials, or representatives of the Government of Afghanistan on or after September 11, 2001. Such report shall include— (1) a description of all payments made to employees, officers, elected officials, or representatives of the Government of Afghanistan on or after September 11, 2001, including any receipts provided by such employees, officers, elected officials, or representatives and, to the extent possible, copies of such receipts; (2) the legal basis for making such payments; (3) the strategic goals supported by such payments; and (4) the effectiveness of such payments in achieving such strategic goals. 5. National security waiver The President may waive a requirement of section 3 or 4 if the President certifies to Congress that fulfilling such requirement would harm the national security of the United States or members of the Armed Forces. | https://www.govinfo.gov/content/pkg/BILLS-113hr2107ih/xml/BILLS-113hr2107ih.xml |
113-hr-2108 | I 113th CONGRESS 1st Session H. R. 2108 IN THE HOUSE OF REPRESENTATIVES May 22, 2013 Mr. Lewis 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 provide information to foster youth on their potential eligibility for Federal student aid.
1. Short title This Act may be cited as the Foster Youth Higher Education Opportunities Act . 2. Informing foster youth of their potential eligibility for Federal student aid Section 483 of the Higher Education Act of 1965 ( 20 U.S.C. 1090 ) is amended by adding at the end the following: (i) Informing foster youth of their potential eligibility for Federal student aid The Secretary shall inform each student who indicates on a FAFSA form, in either paper or electronic format, that the student is a foster youth or was in the foster care system of the student's potential eligibility for Federal student aid, including the specific Federal programs under which such student may be eligible to receive assistance such as the John H. Chafee Foster Care Independence Program under section 477 of the Social Security Act ( 42 U.S.C. 677 ). . 3. Information for foster youth on Department Web site Section 485E(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1092f(b) ) is amended by adding at the end the following: (5) Information for foster youth on department Web site The Secretary shall include on the Department's Web site information for foster youth regarding such youth's potential eligibility for Federal student aid, including the specific Federal programs under which such youth may be eligible to receive assistance. . | https://www.govinfo.gov/content/pkg/BILLS-113hr2108ih/xml/BILLS-113hr2108ih.xml |
113-hr-2109 | I 113th CONGRESS 1st Session H. R. 2109 IN THE HOUSE OF REPRESENTATIVES May 22, 2013 Mr. Lewis introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title XX of the Social Security Act to provide grants to support job creation initiatives, and for other purposes.
1. Short title This Act may be cited as the Back to Basics Job Creation Act of 2013 . 2. Back to Basics Job Creation grant program Subtitle A of title XX of the Social Security Act ( 42 U.S.C. 1397 et seq. ) is amended by adding at the end the following: 2010. Back to Basics Job Creation grant program (a) Grants (1) In general The Secretary, in consultation with the Secretary of Labor and the Secretary of Commerce, shall make grants to eligible entities to assist low-income individuals and individuals who have been unemployed for at least 3 months in developing self-employment opportunities. (2) Timing of grant awards Not later than 90 days after the date of the enactment of this section, the Secretary shall obligate not less than half of any funds appropriated for grants under this section. (3) Preference In awarding grants under this section, the Secretary shall give preference to eligible entities— (A) that serve communities that have experienced high levels of poverty and unemployment and low levels of reemployment, as determined by the Secretary using data reported by the Census Bureau and the Bureau of Labor Statistics; (B) that demonstrate an ability to administer activities using the grant funds without acquiring new administrative structures or resources, such as staffing, technology, evaluation activities, training, research, and programming; and (C) that have established partnerships with other government agencies, community based organizations, financial institutions, educational institutions, or business organizations. (b) Use of funds (1) In general An eligible entity awarded a grant under this section shall use the grant— (A) to provide education and training for business and financial literacy, certification, small business plan development, entrepreneurship, and patent and copyright processes; and (B) to provide funding for new small businesses that pay employees at a living wage. (2) Limitations An eligible entity awarded a grant under this section may not use the grant— (A) to subsidize private or public employment; or (B) for any activity in violation of Federal, State, or local law. (3) Administrative expenses An eligible entity awarded a grant under this section may use not more than 10 percent of the grant funds for administrative expenses, except that none of the funds may be used for salaries. (4) Deadline on use of grant funds An eligible entity awarded a grant under this section shall expend the grant funds before December 31, 2015, except that the Secretary may provide an extension. (c) No effect on means-Tested benefits For purposes of determining eligibility and benefit amounts under any means-tested assistance program, any assistance funded by a grant under this section shall be disregarded. (d) Reporting requirements The Secretary shall submit a report on the implementation of this section to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate whenever either committee shall so request. (e) Authorization of appropriations There are authorized to be appropriated for grants under this section $5,000,000,000 for fiscal year 2014. The amounts appropriated under this section are authorized to remain available through December 31, 2014. (f) Definitions For purposes of this section— (1) the term eligible entity means a State, an Indian tribe, or a local government; (2) the term Indian tribe has the meaning given such term by section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ); and (3) the term means-tested assistance program means a benefit program for which eligibility is based on income. . | https://www.govinfo.gov/content/pkg/BILLS-113hr2109ih/xml/BILLS-113hr2109ih.xml |
113-hr-2110 | I 113th CONGRESS 1st Session H. R. 2110 IN THE HOUSE OF REPRESENTATIVES May 22, 2013 Mr. Lewis introduced the following bill; which was referred to the Committee on Ways and Means A BILL To reauthorize the Assets for Independence Act, to provide for the approval of applications to operate new demonstration programs and to renew existing programs, to enhance program flexibility, and for other purposes.
1. Short title; reference; table of contents (a) Short title This Act may be cited as the Stephanie Tubbs Jones Assets for Independence Reauthorization Act of 2013 . (b) Reference Except as otherwise expressly provided, whenever in this Act an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to that section or other provision of the Assets for Independence Act (42 U.S.C. 604 note). (c) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; reference; table of contents. Sec. 2. Findings. Sec. 3. Sense of Congress. Sec. 4. Definitions. Sec. 5. Applications. Sec. 6. Demonstration authority; annual grants. Sec. 7. Reserve Fund. Sec. 8. Eligibility for participation. Sec. 9. Deposits by qualified entities. Sec. 10. Regulations. Sec. 11. Annual progress reports. Sec. 12. Sanctions. Sec. 13. Evaluations. Sec. 14. Costs of training qualified entities. Sec. 15. Waiver authority. Sec. 16. Authorization of appropriations. Sec. 17. Conforming amendments. Sec. 18. General effective date. 2. Findings Section 402 is amended— (1) in paragraph (2), by striking Fully ½ and inserting Almost 1/4 ; and (2) in paragraph (4), by striking the first sentence and inserting the following: Traditional public assistance programs concentrate on income and consumption and have lacked an asset-building component to promote and support the transition to increased economic self-sufficiency. . 3. Sense of Congress It is the sense of Congress that a qualified entity conducting a demonstration project under the Assets for Independence Act ( 42 U.S.C. 604 note) should, to the maximum extent practicable, increase— (1) the rate at which the entity matches contributions by individuals participating in the project under section 410(a)(1) of such Act; or (2) the number of individuals participating in the project. 4. Definitions Section 404 is amended— (1) by amending paragraph (4) to read as follows: (4) Household The term household means an individual or group of individuals who live in a single residence. Multiple households may share a single residence. ; (2) in paragraph (5)(A)— (A) by striking clause (iii); (B) by redesignating clauses (iv) through (vi) as clauses (iii) through (v), respectively; and (C) in clause (iv), as redesignated by subparagraph (B), by striking clause (vi) and inserting clause (v) ; (3) in paragraph (7)(A)— (A) by amending clause (ii) to read as follows: (ii) a State or local government agency (or a public housing agency, as defined in section 3(b)(6) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b)(6) )) or a tribal government (or a tribally designated housing entity, as defined in section 4(22) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103(22))); ; and (B) by striking clause (iii) and inserting the following: (iii) a credit union designated as a low-income credit union by the National Credit Union Administration (NCUA); or (iv) an organization designated as a community development financial institution by the Secretary of the Treasury (or the Community Development Financial Institutions Fund). ; and (4) in paragraph (8)— (A) in subparagraph (A)— (i) in the first sentence— (I) by inserting of an eligible individual or the dependent of an eligible individual (as such term is used in subparagraph (E)(ii)) after expenses ; and (II) by inserting , or to a vendor pursuant to an education purchase plan approved by a qualified entity before the period; (ii) in clause (i)— (I) in subclause (II), by inserting or for courses described in subclause (III) after eligible educational institution ; and (II) by adding at the end the following new subclauses: (III) Preparatory courses Preparatory courses for an examination required for admission to an eligible educational institution, for successful performance at an eligible educational institution, or for a professional licensing or certification examination. (IV) Room and board and transportation Room and board and transportation, including commuting expenses, necessary to enable attendance at courses of instruction at an eligible educational institution or attendance at courses described in subclause (III). ; (iii) by amending clause (ii) to read as follows: (ii) Eligible educational institution The term eligible educational institution means— (I) an institution described in section 101 or 102 of the Higher Education Act of 1965 (20 U.S.C. 1001, 1002); or (II) an area career and technical education school, as defined in section 3(3) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302(3)). ; and (iv) by adding at the end the following new clause: (iii) Education purchase plan The term education purchase plan means a plan— (I) for the purchase of items or services described in subclauses (II) through (IV) of clause (i) from entities other than eligible educational institutions; (II) that includes a description of the items or services to be purchased; and (III) that includes such information as a qualified entity may request from the eligible individual involved regarding the necessity of the items or services to a course of study at an eligible educational institution or a course described in clause (i)(III). ; (B) in subparagraph (B)— (i) by amending clause (i) to read as follows: (i) Principal residence The term principal residence means a main residence the qualified acquisition costs of which do not exceed 120 percent of the median house price in the area, as determined by the Secretary of Housing and Urban Development for purposes of section 203(b) of the National Housing Act ( 12 U.S.C. 1709(b) ) for a residence occupied by a number of families that corresponds to the number of households occupying the residence involved. ; and (ii) in clause (iii)— (I) by amending subclause (I) to read as follows: (I) In general Subject to subclause (II), the term qualified first-time homebuyer means an individual participating in the project involved who— (aa) has no sole present ownership interest in a principal residence during the 3-year period ending on the date of acquisition of the principal residence to which this subparagraph applies (except for an interest in such principal residence); and (bb) has no co-ownership interest in a principal residence on the date of acquisition of the principal residence to which this subparagraph applies (except for an interest in such principal residence). ; (II) by redesignating subclause (II) as subclause (III); and (III) by inserting after subclause (I) the following new subclause: (II) Exception for victims of domestic violence An individual participating in the project involved who is a recent or current victim of domestic violence (as defined in section 40002(a)(8) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)(8))) shall not be considered to fail to be a qualified first-time homebuyer by reason of having a co-ownership interest in a principal residence with a person who committed domestic violence against the victim. ; (C) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; (D) by inserting after subparagraph (B) the following new subparagraph: (C) Home replacement, repair, or improvement Qualified replacement costs or qualified repair or improvement costs with respect to a principal residence, if paid from an individual development account directly to the persons to whom the amounts are due. In this subparagraph: (i) Principal residence The term principal residence means— (I) with respect to payment of qualified replacement costs, a main residence the qualified replacement costs of which do not exceed 120 percent of the median house price in the area, as determined by the Secretary of Housing and Urban Development for purposes of section 203(b) of the National Housing Act ( 12 U.S.C. 1709(b) ) for a residence occupied by a number of families that corresponds to the number of households occupying the residence involved; or (II) with respect to qualified repair or improvement costs, a main residence the value of which does not exceed, on the day before the commencement of the repairs or improvements, 120 percent of such median house price. (ii) Qualified replacement costs The term qualified replacement costs means the costs (including any usual or reasonable settlement, financing, or other closing costs) of replacing— (I) a manufactured home that was manufactured, assembled, or imported for resale before the initial effectiveness of any Federal manufactured home construction and safety standards established pursuant to section 604 of the National Manufactured Housing Construction and Safety Standards Act of 1974 ( 42 U.S.C. 5403 ); or (II) a residence that fails to meet local building codes or is not legally habitable. (iii) Qualified repair or improvement costs The term qualified repair or improvement costs means the costs of making repairs or improvements (including any usual or reasonable financing costs) that will enhance the habitability or long-term value of a residence. ; and (E) by adding at the end the following new subparagraph: (F) Qualified tuition programs Contributions paid from an individual development account of an eligible individual directly to a qualified tuition program (as defined in subsection (b) of section 529 of the Internal Revenue Code of 1986), for the purpose of covering qualified higher education expenses (as defined in subsection (e)(3) of such section) of a dependent of such individual (as such term is used in clause (ii) of subparagraph (E)). . 5. Applications Section 405 is amended— (1) in subsection (c)(4), by adding at the end the following: Such funds include funds received under the Community Services Block Grant Act ( 42 U.S.C. 9901 et seq. ), the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b et seq.), the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. ), or title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ) (including Community Development Block Grant Act funds and Indian Community Development Block Grant Act funds), that are formally committed to the project. ; and (2) by adding at the end the following new subsection: (h) Applications for new projects and renewals of existing projects For project years beginning on or after the date of the enactment of the Stephanie Tubbs Jones Assets for Independence Reauthorization Act of 2013 , the previous provisions of this section shall only apply as follows: (1) Announcement of procedures Not later than 180 days after the date of the enactment of the Stephanie Tubbs Jones Assets for Independence Reauthorization Act of 2013 , the Secretary shall publicly announce the procedures by which a qualified entity may submit an application— (A) to conduct a demonstration project under this title; or (B) for renewal of authority to conduct a demonstration project under this title. (2) Approval The Secretary shall, on a competitive basis, approve applications submitted pursuant to the procedures announced under paragraph (1), taking into account the assessments required by subsection (c) and giving special consideration to the applications described in paragraph (3). (3) Special consideration The applications described in this paragraph are the following: (A) Applications submitted by qualified entities proposing to conduct demonstration projects under this title that will target the following populations: (i) Individuals who are or have been in foster care. (ii) Victims of domestic violence (as defined in section 40002(a)(8) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)(8))). (iii) Victims of— (I) a major disaster declared to exist by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ) or an emergency declared to exist by the President under section 501 of such Act ( 42 U.S.C. 5191 ); or (II) a situation similar to a major disaster or emergency described in subclause (I) declared to exist by the Governor of a State. (iv) Formerly incarcerated individuals. (v) Individuals who are unemployed or underemployed. (B) Applications described in subsection (d). (4) Contracts with nonprofit entities Subsection (f) shall continue to apply. (5) Grandfathering of existing statewide programs Subsection (g) shall continue to apply, except that any reference in such subsection to the date of enactment of this Act or to $1,000,000 shall be deemed to be a reference to the date of the enactment of the Stephanie Tubbs Jones Assets for Independence Reauthorization Act of 2013 or to $250,000, respectively. . 6. Demonstration authority; annual grants Section 406(a) is amended by inserting (or, in the case of an application approved under section 405(h)(2), not later than 30 days after the date of the approval of such application) after the date of enactment of this title . 7. Reserve Fund Section 407(c) is amended— (1) in paragraph (1)(D), by inserting or organizations after organization ; and (2) by amending paragraph (3) to read as follows: (3) Limitation on uses (A) In general Of the amount provided to a qualified entity under section 406(b)— (i) not more than 5.5 percent shall be used for the purpose described in subparagraph (A) of paragraph (1); (ii) not less than 80 percent shall be used for the purpose described in subparagraph (B) of such paragraph; and (iii) not more than 14.5 percent shall be used for the purposes described in subparagraphs (C) and (D) of such paragraph. (B) Joint administration of project If two or more qualified entities are jointly administering a demonstration project, no one such entity shall use more than its proportional share of the percentage indicated in subparagraph (A) for the purposes described in subparagraphs (A) through (D) of paragraph (1). . 8. Eligibility for participation Section 408 is amended— (1) in subsection (a)— (A) by amending paragraph (1) to read as follows: (1) Income tests The household meets either of the following income tests: (A) Adjusted gross income test The adjusted gross income of the household for the last taxable year ending in or with the preceding calendar year does not exceed the greater of— (i) 200 percent of the Federal poverty line, as defined in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)), including any revision required by such section, for a family composed of the number of persons in the household at the end of such taxable year; or (ii) 80 percent of the median income for the area for such taxable year, as determined by the Secretary of Housing and Urban Development for purposes of section 3(b)(2) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b)(2) ), taking into account any family-size adjustment by the Secretary under such section that corresponds to the size of the household at the end of such taxable year. (B) Modified adjusted gross income test (i) In general The modified adjusted gross income of the household for the last taxable year ending in or with the preceding calendar year does not exceed the amount described in clause (ii) for the individual whose eligibility is being determined under this section. (ii) Amount described The amount described in this clause for an individual is as follows: (I) Married filing jointly $40,000 for an individual described in subsection (a)(1) of section 1 of the Internal Revenue Code of 1986. (II) Surviving spouse $40,000 for an individual described in subsection (a)(2) of such section. (III) Head of household $30,000 for an individual described in subsection (b) of such section. (IV) Single or married filing separately $20,000 for an individual described in subsection (c) or (d) of such section. (iii) Adjustment for inflation (I) In general In the case of a calendar year described in clause (i) that is after 2014, the dollar amounts in clause (ii) shall be the dollar amounts determined under this clause (or clause (ii)) for the previous year increased by the annual percentage increase (if any) in the consumer price index (all items; U.S. city average) as of September of the calendar year described in clause (i). (II) Rounding Any dollar amount determined under subclause (I) that is not a multiple of $100 shall be rounded to the next greatest multiple of $100. ; and (B) in paragraph (2), by adding at the end the following new subparagraph: (D) Adjustment for inflation (i) In general In the case of a calendar year described in subparagraph (A) that is after 2014, the dollar amount in such subparagraph shall be the dollar amount determined under this clause (or such subparagraph) for the previous year increased by the annual percentage increase (if any) in the consumer price index (all items; U.S. city average) as of September of the calendar year described in such subparagraph. (ii) Rounding Any dollar amount determined under clause (i) that is not a multiple of $100 shall be rounded to the next greatest multiple of $100. ; (2) by redesignating subsection (b) as subsection (c); (3) by inserting after subsection (a) the following new subsection: (b) Calculating income of household (1) Adjusted gross income For purposes of subsection (a)(1)(A), the adjusted gross income of a household for a taxable year is the sum of the adjusted gross incomes of the individuals who are members of the household at the end of such year. (2) Modified adjusted gross income For purposes of subsection (a)(1)(B), the modified adjusted gross income of a household for a taxable year is the sum of the modified adjusted gross incomes of the individuals who are members of the household at the end of such year. ; and (4) in subsection (c), as redesignated by paragraph (2)— (A) by striking , including and all that follows and inserting a period; (B) by striking The Secretary and inserting the following: (1) In general The Secretary ; and (C) by adding at the end the following new paragraphs: (2) Individuals who move because of major disasters or emergencies or to find employment (A) In general The regulations promulgated under paragraph (1) shall establish procedures under which an individual described in subparagraph (B) may transfer from one demonstration project under this title to another demonstration project under this title that is being conducted in another community by a qualified entity that agrees to accept the individual into the project. Such regulations shall not permit such a transfer unless such qualified entity has sufficient amounts in its Reserve Fund to make the deposits required by section 410 with respect to the individual. (B) Individual described An individual described in this subparagraph is an individual participating in a demonstration project under this title who moves from the community in which the project is being conducted— (i) because of— (I) a major disaster declared to exist in such community by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) or an emergency declared to exist in such community by the President under section 501 of such Act ( 42 U.S.C. 5191 ); (II) a situation similar to a major disaster or emergency described in subclause (I) declared to exist in such community by the Governor of a State; or (III) a qualifying life event experienced by such individual; or (ii) in order to secure employment. (C) Qualifying life event defined For purposes of subparagraph (B)(i)(III), the term qualifying life event — (i) means an event determined by the Secretary to be similar to an event that would permit the individual to make an election change with respect to a cafeteria plan under section 125 of the Internal Revenue Code of 1986; and (ii) includes— (I) a change in the legal marital status of the individual; (II) a change in the number of dependents of the individual (as such term is used in section 404(8)(E)(ii)); (III) the birth or death of a child of the individual; (IV) the adoption or placement for adoption of a child by the individual; (V) a change in the provider of daycare for a child of the individual, or a significant increase in the cost of such daycare; and (VI) a change in employment status of the individual, the individual’s spouse, or a dependent of the individual (as such term is used in section 404(8)(E)(ii)). (3) Relocation to community where no project is available (A) In general An individual described in subparagraph (B) shall be permitted to withdraw funds from the individual development account of the individual during the 1-year period following the date such individual moves to another community in the same manner that an individual is permitted under section 410(d)(2) to withdraw funds during the 1-year period following the end of a demonstration project. (B) Individual described An individual described in this subparagraph is an individual who— (i) moves to a community where no demonstration project under this title is being conducted; or (ii) after moving to another community and making such efforts as the Secretary may require to transfer to another demonstration project under this title, is, for any reason other than a violation of the requirements of this title or regulations promulgated by the Secretary under this title, not accepted into another demonstration project under this title. (C) Funds remaining in IDA Any funds remaining in an individual development account after the end of the 1-year period described in subparagraph (A) shall be treated in the same manner as funds remaining in an individual development account after the end of the 1-year period described in subsection (d)(2)(A) of section 410 are treated under subsection (f) of such section. (4) Relocation by other individuals The regulations promulgated under paragraph (1) shall prohibit any individual who is unable to continue participating in a demonstration project under this title for any reason, except for an individual described in paragraph (2)(B) or (3)(B), from being eligible to participate in any other demonstration project conducted under this title. . 9. Deposits by qualified entities Section 410 is amended— (1) in subsection (a)(2), by inserting 2 times after an amount equal to ; (2) in subsection (b), by striking $2,000 and inserting $5,000 ; (3) in subsection (c), by striking $4,000 and inserting $10,000 ; (4) in subsection (d)— (A) by striking The Secretary shall and inserting the following: (1) In general The Secretary shall ; (B) in paragraph (1), as amended by subparagraph (A), by adding at the end the following: The Secretary may waive the application of the preceding sentence in the case of an individual who has participated in another demonstration project under this title (including successful completion after transferring from one project to another project as described in section 408(c)(2)) or an asset-building project similar to the demonstration projects conducted under this title. ; and (C) by adding at the end the following new paragraph: (2) Access for 1 year after end of project (A) In general The Secretary shall ensure that an eligible individual is able to withdraw funds from an individual development account of the individual during the 1-year period following the end of the demonstration project with respect to which deposits were made into such account (whether such project ends by reason of expiration of the authority under section 406(a) of the qualified entity to conduct the demonstration project, termination of such authority under section 413 without transfer to another qualified entity, or otherwise). (B) Approval of withdrawals During the period described in subparagraph (A), an eligible individual may only make a withdrawal if the withdrawal is approved in writing— (i) by a responsible official of the qualified entity; or (ii) by the Secretary, if the Secretary terminated the authority of the qualified entity to conduct the demonstration project under section 413 or the Secretary determines that the qualified entity is otherwise unable or unwilling to participate in the approval process. ; and (5) by adding at the end the following new subsection: (f) Unused funds in IDA If funds remain in an individual development account after the end of the 1-year period described in subsection (d)(2)(A), such funds shall be disposed of as considered appropriate by the Secretary or a nonprofit entity (as such term is used in section 404(7)(A)(i)) designated by the Secretary. . 10. Regulations Section 411 is amended— (1) in the heading, by inserting ; Regulations after Projects ; (2) by striking A qualified entity and inserting the following: (a) Local control over demonstration projects A qualified entity ; and (3) by adding at the end the following new subsection: (b) Regulations Subject to subsection (a), not later than 180 days after the date of the enactment of the Stephanie Tubbs Jones Assets for Independence Reauthorization Act of 2013 , the Secretary shall promulgate such regulations as the Secretary considers necessary to implement this title. The Secretary may provide that any such regulation takes effect on the date of promulgation, but the Secretary shall accept and consider public comments for 60 days after such date. . 11. Annual progress reports (a) In general Section 412(b) is amended by striking subsection (a) to and all that follows and inserting subsection (a) to the Secretary. . (b) Effective date The amendment made by subsection (a) shall apply to reports submitted on or after the date of the enactment of this Act. 12. Sanctions (a) In general Section 413 is amended— (1) by amending subsection (b)(5) to read as follows: (5) if, by the end of the 90-day period beginning on the date of the termination, the Secretary has not found a qualified entity (or entities) described in paragraph (3), shall— (A) make every effort to identify, without conducting a competition (unless the Secretary determines that conducting a competition would be feasible and appropriate), another qualified entity (or entities), in the same or a different community, willing and able to conduct one or more demonstration projects under this title that may differ from the project being terminated; (B) in identifying a qualified entity (or entities) under subparagraph (A), give priority to qualified entities that— (i) are participating in demonstration projects conducted under this title; (ii) have waiting lists for participants in such demonstration projects; and (iii) can demonstrate the availability of non-Federal funds described in section 405(c)(4), in addition to any such funds committed to any demonstration projects being conducted by the qualified entity at the time the Secretary considers identifying the entity under subparagraph (A), to be committed to the demonstration project (or projects) described in subparagraph (A) as matching contributions; and (C) if the Secretary identifies a qualified entity (or entities) under subparagraph (A)— (i) transfer to the entity (or entities) control over the Reserve Fund established pursuant to section 407 with respect to the project being terminated; and (ii) authorize the entity (or entities) to use such Reserve Fund to conduct a demonstration project (or projects) in accordance with an application approved under subsection (e) or (h)(2) of section 405 and the requirements of this title. ; and (2) by adding at the end the following new subsection: (c) Focus on community of terminated project In identifying another qualified entity (or entities) under paragraph (3) or (5) of subsection (b), the Secretary shall, to the extent practicable, select a qualified entity (or entities) in the community served by the demonstration project being terminated. . (b) Effective date (1) In general The amendment made by subsection (a) shall apply to terminations occurring on or after the date of the enactment of this Act. (2) Discretionary application to previous terminations The Secretary of Health and Human Services may apply such amendment to terminations occurring within the one-year period ending on the day before the date of the enactment of this Act. In the case of such an application, any reference in such amendment to the date of the termination is deemed a reference to such date of enactment. 13. Evaluations Section 414 is amended— (1) by amending subsection (a) to read as follows: (a) In general The Secretary may enter into one or more contracts with one or more independent research organizations to evaluate the demonstration projects conducted under this title, individually and as a group, including all qualified entities participating in and sources providing funds for the demonstration projects conducted under this title. Such contract or contracts may also provide for the evaluation of other asset-building programs and policies targeted to low-income individuals. ; (2) in subsection (b)— (A) by striking paragraph (3); (B) in paragraph (4), by striking , and how such effects vary among different populations or communities ; (C) by striking paragraphs (5) and (6); and (D) by redesignating paragraphs (4) and (7) as paragraphs (3) and (4), respectively; and (3) in subsections (b) and (c), by inserting (or organizations) after research organization each place it appears. 14. Costs of training qualified entities The Assets for Independence Act (42 U.S.C. 604 note) is amended— (1) by redesignating section 416 as section 417; and (2) by inserting after section 415 the following new section: 416. Costs of training qualified entities If the Secretary determines that a qualified entity conducting a demonstration project under this title should receive training in order to conduct the project in accordance with an application approved under subsection (e) or (h)(2) of section 405 or the requirements of this title, or to otherwise successfully conduct the project, the Secretary may use funds appropriated under section 418 to cover the necessary costs of such training, including the costs of travel, accommodations, and meals. . 15. Waiver authority The Assets for Independence Act ( 42 U.S.C. 604 note) is amended— (1) by redesignating section 417, as redesignated by section 14(1) of this Act, as section 418; and (2) by inserting after section 416 the following new section: 417. Waiver authority In order to carry out the purposes of this title, the Secretary may waive any requirement of this title— (1) relating to— (A) the definition of a qualified entity; (B) the approval of a qualified entity to conduct a demonstration project under this title or to receive a grant under this title; (C) eligibility criteria for individuals to participate in a demonstration project under this title; (D) amounts or limitations with respect to— (i) the matching by a qualified entity of amounts deposited by an eligible individual in the individual development account of the individual; (ii) the amount of funds that may be granted to a qualified entity by the Secretary; or (iii) uses by a qualified entity of the funds granted to the qualified entity by the Secretary; or (E) the withdrawal of funds from an individual development account only for qualified expenses or as an emergency withdrawal; or (2) the waiver of which is necessary to— (A) permit the Secretary to enter into an agreement with the Commissioner of Social Security; (B) allow individuals to be placed on a waiting list to participate in a demonstration project under this title; or (C) allow demonstration projects under this title to be targeted to populations described in section 405(h)(3)(A) and to successfully recruit individuals from such populations for participation. . 16. Authorization of appropriations Section 418, as redesignated by section 15(1) of this Act, is amended by inserting after 2003 the following: and $75,000,000 for each of fiscal years 2014, 2015, 2016, 2017, and 2018 . 17. Conforming amendments (a) In general Section 414(e) is amended by striking section 416 and inserting section 418 . (b) Table of contents The table of contents in section 2 of the Community Opportunities, Accountability, and Training and Educational Services Act of 1998 ( Public Law 105–285 ) is amended as follows: (1) By striking the item relating to section 411 and inserting the following new item: Sec. 411. Local control over demonstration projects; Regulations. (2) By striking the items relating to sections 415 and 416 and inserting the following new items: Sec. 415. No reduction in benefits. Sec. 416. Costs of training qualified entities. Sec. 417. Waiver authority. Sec. 418. Authorization of appropriations. 18. General effective date The amendments made by sections 4 through 9 of this Act shall apply to project years beginning on or after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr2110ih/xml/BILLS-113hr2110ih.xml |
113-hr-2111 | I 113th CONGRESS 1st Session H. R. 2111 IN THE HOUSE OF REPRESENTATIVES May 22, 2013 Mr. Lewis introduced the following bill; which was referred to the Committee on Ways and Means A BILL To eliminate the requirement that, to be eligible for foster care maintenance payments, a child would have been eligible for aid under the former program of Aid to Families with Dependent Children at the time of removal from the home.
1. Short title This Act may be cited as the Look-back Elimination Act of 2013 . 2. Findings The Congress finds as follows: (1) As part of President Franklin Delano Roosevelt’s New Deal, the Social Security Act of 1935 included the creation of the Aid to Dependent Children program as a way to provide Federal support to poor children. Over time, this program became the Aid to Families with Dependent Children (AFDC) program and provided assistance to struggling families for over 60 years. (2) Part E of title IV of the Social Security Act provides primary Federal funding for child welfare services. Under that part, the Federal Government pays a portion of the cost of providing Federal foster care and adoption assistance benefits for eligible children. (3) In 1996, when Congress replaced the AFDC program with the Temporary Assistance for Needy Families (TANF) program, Congress also fixed the income eligibility requirement for Federal foster care and adoption assistance benefits at a level based on the income thresholds established by the States under their former AFDC programs. This income eligibility requirement is now commonly referred to as the AFDC look-back standard . (4) At that time, many States had established very strict household income requirements in order for children to be eligible for AFDC benefits. As a result of this very strict requirement, many children in the Federal foster care and adoption assistance programs are ineligible to receive a wide range of Federal benefits, services, and activities. For example, this outdated, restrictive standard prevents the State of Georgia from providing assistance to more than half of the children in the child welfare system. (5) Forced to adhere to a stagnant standard, States increasingly struggle to administer Federal foster care and adoption assistance programs and provide services to those children most in need. As inflation increases, fewer children are eligible to receive Federal benefits, and States struggle to provide services from other, limited local and State resources. (6) Although the AFDC look-back standard still applies to the Federal foster care program, the Fostering Connections to Success and Increasing Adoptions Act of 2008 will have completely eliminated the AFDC look-back standard in the Federal adoption assistance program by 2018. 3. Elimination of the AFDC eligibility requirement in the foster care maintenance payments program (a) In general Section 472(a) of the Social Security Act ( 42 U.S.C. 672(a) ) is amended— (1) in paragraph (1), by striking specified and all that follows and inserting or caretaker into foster care if the removal and foster care placement met, and continues to meet, the requirements of paragraph (2). ; and (2) by striking paragraphs (3) and (4). (b) Conforming amendment Section 470 of such Act ( 42 U.S.C. 670 ) is amended by striking who otherwise would have been eligible for assistance under the State’s plan approved under part A (as such plan was in effect on June 1, 1995) . 4. Sense of the Congress It is the sense of the Congress that— (1) the AFDC eligibility requirement for Federal foster care and adoption assistance benefits should be eliminated and replaced with income eligibility standards that are based on modern, balanced criteria that treat all children equally; and (2) the Secretary of Health and Human Services should collaborate with Members of Congress and child welfare advocates in developing any modified standards. | https://www.govinfo.gov/content/pkg/BILLS-113hr2111ih/xml/BILLS-113hr2111ih.xml |
113-hr-2112 | I 113th CONGRESS 1st Session H. R. 2112 IN THE HOUSE OF REPRESENTATIVES May 22, 2013 Mr. Sean Patrick Maloney of New York (for himself, Mr. Higgins , Mr. King of New York , Mr. Maffei , Mr. Owens , Mr. Rangel , Mr. Grimm , Mr. Hanna , Ms. Clarke , Mr. Crowley , Mr. Collins of New York , Ms. Meng , Mr. Engel , Mrs. McCarthy of New York , Mr. Tonko , Mrs. Carolyn B. Maloney of New York , Mr. Gibson , Ms. Slaughter , and Mr. Israel ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To designate the facility of the United States Postal Service located at 787 State Route 17M in Monroe, New York, as the National Clandestine Service of the Central Intelligence Agency NCS Officer Gregg David Wenzel Memorial Post Office .
1. National Clandestine Service of the Central Intelligence Agency NCS Officer Gregg David Wenzel Memorial Post Office (a) Designation The facility of the United States Postal Service located at 787 State Route 17M in Monroe, New York, shall be known and designated as the National Clandestine Service of the Central Intelligence Agency NCS Officer Gregg David Wenzel Memorial Post Office . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the National Clandestine Service of the Central Intelligence Agency NCS Officer Gregg David Wenzel Memorial Post Office . | https://www.govinfo.gov/content/pkg/BILLS-113hr2112ih/xml/BILLS-113hr2112ih.xml |
113-hr-2113 | I 113th CONGRESS 1st Session H. R. 2113 IN THE HOUSE OF REPRESENTATIVES May 22, 2013 Mr. Marino (for himself and Mr. Posey ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To end the practice of including more than one subject in a single bill by requiring that each bill enacted by Congress be limited to only one subject, and for other purposes.
1. Short title This Act may be cited as the One Subject at a Time Act . 2. One subject at a time (a) One subject Each bill or joint resolution shall embrace no more than one subject. (b) Subject in title The subject of a bill or joint resolution shall be clearly and descriptively expressed in the title. (c) Appropriation bills An appropriations bill shall not contain any general legislation or change of existing law provision, the subject of which is not germane to the subject matter of each such appropriations bill provided however, that this section shall not be construed to prohibit any provision imposing limitations upon the expenditure of funds so appropriated. 3. Enforcement (a) Multiple subjects in title If the title of an Act or joint resolution addresses two or more unrelated subjects, then the entire Act or joint resolution is void. (b) Provisions not expressed in title If the title of an Act or joint resolution addresses a single subject, but the Act contains one or more provisions concerning a subject that is not clearly and descriptively expressed in its title, then only such provision or provisions concerning the subject not clearly and descriptively expressed in the title shall be void. (c) Appropriation provisions outside subcommittee jurisdiction If an Act appropriating funds contains a provision outside of the jurisdiction of the relevant subcommittee of the Committees on Appropriations of the House and of the Senate, and therefore outside the subject of the bill, then such provision shall be void. (d) Provisions of appropriation bills not germane to subject matter If an Act appropriating funds contains general legislation or change of existing law provision not germane to the subject matter of such bill, then each and every such provision shall be void. (e) Commencement of an action Any person aggrieved by the enforcement of, or attempt or threat of enforcement of, an Act passed without having complied with section 2 or this section, or any Member of Congress aggrieved by the failure of the House of Congress which that individual is a member to comply with any requirement of those sections, shall, regardless of the amount in controversy, have a cause of action under sections 2201 and 2202 of title 28, United States Code, against the United States to seek appropriate relief, including an injunction against the enforcement of any law, the passage of which did not conform to section 2 or this section. (f) State of review In any judicial action brought pursuant to subsection (e), the standard of review shall be de novo. | https://www.govinfo.gov/content/pkg/BILLS-113hr2113ih/xml/BILLS-113hr2113ih.xml |
113-hr-2114 | I 113th CONGRESS 1st Session H. R. 2114 IN THE HOUSE OF REPRESENTATIVES May 22, 2013 Mr. Marino (for himself and Mr. Pierluisi ) 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 the Department of Justice with additional tools to target extraterritorial drug trafficking activity, and for other purposes.
1. Short title This Act may be cited as the Transnational Drug Trafficking Act of 2013 . 2. Possession, manufacture or distribution for purposes of unlawful importations Section 1009 of the Controlled Substances Import and Export Act ( 21 U.S.C. 959 ) is amended— (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (2) in subsection (a), by striking It shall and all that follows and inserting the following: “It shall be unlawful for any person to manufacture or distribute a controlled substance in schedule I or II or flunitrazepam or a listed chemical intending, knowing, or having reasonable cause to believe that such substance or chemical will be unlawfully imported into the United States or into waters within a distance of 12 miles of the coast of the United States. (b) It shall be unlawful for any person to manufacture or distribute a listed chemical— (1) intending or knowing that the listed chemical will be used to manufacture a controlled substance; and (2) intending, knowing, or having reasonable cause to believe that the controlled substance will be unlawfully imported into the United States. . 3. Trafficking in counterfeit goods or services Chapter 113 of title 18, United States Code, is amended— (1) in section 2318(b)(2), by striking section 2320(e) and insertion section 2320(f) ; and (2) in section 2320— (A) in subsection (a), by striking paragraph (4) and inserting the following: (4) traffics in a drug and knowingly uses a counterfeit mark on or in connection with such drug, ; (B) in subsection (b)(3), in the matter preceding subparagraph (A), by striking counterfeit drug and inserting drug that uses a counterfeit mark on or in connection with the drug ; and (C) in subsection (f), by striking paragraph (6) and inserting the following: (6) the term drug means a drug, as defined in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ). . | https://www.govinfo.gov/content/pkg/BILLS-113hr2114ih/xml/BILLS-113hr2114ih.xml |
113-hr-2115 | I 113th CONGRESS 1st Session H. R. 2115 IN THE HOUSE OF REPRESENTATIVES May 22, 2013 Mrs. Miller of Michigan (for herself and Mr. Rokita ) introduced the following bill; which was referred to the Committee on House Administration A BILL To amend the National Voter Registration Act of 1993 to require an individual who applies for a motor vehicle driver’s license in a new State to indicate whether the new State is to serve as the individual’s residence for purposes of registering to vote in elections for Federal office, and for other purposes.
1. Short title This Act may be cited as the Voter Registration Efficiency Act . 2. Requiring applicants for motor vehicle driver’s licenses in new state to indicate whether state serves as residence for voter registration purposes (a) Requirements for applicants for licenses Section 5(d) of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–3(d) ) is amended— (1) by striking Any change and inserting (1) Any change ; and (2) by adding at the end the following new paragraph: (2) (A) A State motor vehicle authority shall require each individual applying for a motor vehicle driver’s license in the State— (i) to indicate whether the individual resides in another State or resided in another State prior to applying for the license, and, if so, to identify the State involved; and (ii) to indicate whether the individual intends for the State to serve as the individual’s residence for purposes of registering to vote in elections for Federal office. (B) If pursuant to subparagraph (A)(ii) an individual indicates to the State motor vehicle authority that the individual intends for the State to serve as the individual’s residence for purposes of registering to vote in elections for Federal office, the authority shall notify the motor vehicle authority of the State identified by the individual pursuant to subparagraph (A)(i), who shall notify the chief State election official of such State that the individual no longer intends for that State to serve as the individual’s residence for purposes of registering to vote in elections for Federal office. . (b) Effective date The amendments made by subsection (a) shall take effect with respect to elections occurring in 2014 or any succeeding year. | https://www.govinfo.gov/content/pkg/BILLS-113hr2115ih/xml/BILLS-113hr2115ih.xml |
113-hr-2116 | I 113th CONGRESS 1st Session H. R. 2116 IN THE HOUSE OF REPRESENTATIVES May 22, 2013 Mr. Neal (for himself, Ms. DeLauro , Mr. Levin , Mr. Rangel , Mr. McDermott , Mr. Lewis , Mr. Becerra , Mr. Doggett , Mr. Larson of Connecticut , Mr. Blumenauer , Mr. Pascrell , Mr. Crowley , Ms. Schwartz , Mr. Danny K. Davis of Illinois , Ms. Linda T. Sánchez of California , Mr. Kind , and Mr. Thompson of California ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to make improvements in the earned income tax credit.
1. Short title; table of contents (a) Short title This Act may be cited as the The Earned Income Tax Credit Improvement and Simplification Act 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Certain improvements in the earned income tax credit made permanent. Sec. 3. Strengthening the earned income tax credit for individuals with no qualifying children. Sec. 4. Taxpayer eligible for credit for individuals with no qualifying children if qualifying children do not have valid Social Security number. Sec. 5. Credit allowed in case of certain separated spouses. Sec. 6. Taxpayer eligible for credit without qualifying child if qualifying child claimed by another member of family. Sec. 7. Elimination of disqualified investment income test. 2. Certain improvements in the earned income tax credit made permanent (a) Increase in credit percentage for three or more qualifying children made permanent Paragraph (1) of section 32(b) of the Internal Revenue Code of 1986 is amended to read as follows: (1) Percentages The credit percentage and the phaseout percentage shall be determined in accordance with the following table: In the case of an eligible individual with: The credit percentage is: The phaseout percentage is: 1 qualifying child 34 15.98 2 qualifying children 40 21.06 3 or more qualifying children 45 21.06 No qualifying children 7.65 7.65 . (b) Reduction of marriage penalty made permanent (1) In general Subparagraph (B) of section 32(b)(2) of such Code is amended to read as follows: (B) Joint returns (i) In general In the case of a joint return filed by an eligible individual and such individual’s spouse, the phaseout amount determined under subparagraph (A) shall be increased by $5,000. (ii) Inflation adjustment In the case of any taxable year beginning after 2012, the $5,000 amount in clause (i) shall be increased by an amount equal to— (I) such dollar amount, multiplied by (II) the cost of living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins determined by substituting calendar year 2009 for calendar year 1992 in subparagraph (B) thereof. (iii) Rounding Subparagraph (A) of subsection (j)(2) shall apply after taking into account any increase under clause (ii). . (c) Conforming amendment Subsection (b) of section 32 of such Code is amended by striking paragraph (3). (d) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 3. Strengthening the earned income tax credit for individuals with no qualifying children (a) Credit for certain individuals over age 21 (1) In general Paragraph (1) of section 32(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (G) Special rule for working individuals over age 20 and without qualifying child (i) In general In the case of an individual (or, if the individual is married, either the individual or the individual’s spouse) who— (I) has attained the age of 21 but not attained age 25 before the close of the taxable year, and (II) is not a full-time student at any time during the taxable year, paragraph (1)(A)(ii)(II) shall not apply for purposes of determining whether such individual is an eligible individual. (ii) Student For purposes of this subparagraph, an individual shall be considered a full-time student if such individual is carrying more than 1/2 the normal full-time work load for the course of study the individual is pursuing. . (2) Information return matching Not later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury shall develop and implement procedures for checking an individual’s claim for a credit under section 32 of the Internal Revenue Code of 1986, by reason of subsection (c)(1)(G) thereof, against any information return made with respect to such individual under section 6050S (relating to returns relating to higher education tuition and related expenses). (b) Increased credit (1) Credit percentage and phaseout percentage The table contained in section 32(b)(1)(A) of such Code, as amended by this Act, is amended by striking 7.65 each place it appears and inserting 15.3 . (2) Earned income amount and phaseout amount (A) In general The table contained in section 32(b)(2)(A) of such Code is amended— (i) by striking $4,220 and inserting $8,820 , and (ii) by striking $5,280 and inserting $10,425 . (B) Inflation adjustments Subparagraph (B) of section 32(j)(1) of such Code is amended— (i) by inserting except as provided in clause (iii) in clause (i) before in the case of amounts , (ii) by striking and at the end of clause (i), by striking the period at the end of clause (ii) and inserting , and , and by adding at the end the following new clause: (iii) in the case of the $8,820 and $10,425 amounts in subsection (b)(2)(A), by substituting calendar year 2012 for calendar year 1992 in subparagraph (B) of such section 1. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 4. Taxpayer eligible for credit for individuals with no qualifying children if qualifying children do not have valid Social Security number (a) In general Subparagraph (F) of section 32(c)(1) of the Internal Revenue Code of 1986 is amended to read as follows: (F) Individuals who do not include TIN, etc., of any qualifying child In the case of any eligible individual who has one or more qualifying children, if— (i) no qualifying child of such individual is taken into account under subsection (b) by reason of paragraph (3)(D), and (ii) no child of such individual is taken into account for purposes of any other child tax benefit under this chapter, for purposes of the credit allowed under this section, such individual may be considered an eligible individual without a qualifying child. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2012. 5. Credit allowed in case of certain separated spouses (a) In general Subsection (d) of section 32 of the Internal Revenue Code of 1986 is amended— (1) by striking Married individuals.— In the case of and inserting the following: Married individuals.— (1) In general In the case of , and (2) by adding at the end the following new paragraph: (2) Special rule for separated spouse An individual shall not be treated as married for purposes of this section if such individual— (A) is married (within the meaning of section 7703(a)) and files a separate return for the taxable year, (B) lives with a qualifying child of the individual for more than one-half of such taxable year, and (C) (i) during the last 6 months such taxable year, does not have the same principal place of abode as the individual’s spouse, or (ii) has a legally binding separation agreement with the individual’s spouse and is not a member of the same household with the individual’s spouse by the end of the taxable year. . (b) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 6. Taxpayer eligible for credit without qualifying child if qualifying child claimed by another member of family (a) In general Paragraph (1) of section 32(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (G) Taxpayer eligible for credit without qualifying child if qualifying child claimed by another member of family (i) In general If— (I) an individual is claimed as a qualifying child by an eligible individual for any taxable year of such eligible individual beginning in a calendar year, and (II) such individual is the qualifying child of another eligible individual for any taxable year beginning in such calendar year, such other eligible individual may be treated as an eligible individual without a qualifying child for purposes of this section for such taxable year. (ii) Exception for qualifying child claimed by parent If an individual is claimed as a qualifying child for any taxable year by a parent of such child, clause (i) shall not apply with respect to any other custodial parent of such child. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 7. Elimination of disqualified investment income test (a) In general Section 32 of the Internal Revenue Code of 1986 is amended by striking subsection (i). (b) Conforming amendments (1) Section 32(j)(1)(B)(i) of such Code is amended by striking subsections (b)(2)(A) and (i)(1) and inserting subsection (b)(2)(A) . (2) Section 32(j)(2) of such Code is amended— (A) by striking paragraph (2), and (B) by striking Rounding.— and all that follows through If any dollar amount and inserting the following: Rounding.— If any dollar amount (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr2116ih/xml/BILLS-113hr2116ih.xml |
113-hr-2117 | I 113th CONGRESS 1st Session H. R. 2117 IN THE HOUSE OF REPRESENTATIVES May 22, 2013 Mr. Neal introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on Education and the Workforce , Armed Services , Oversight and Government Reform , 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 simplify and enhance qualified retirement plans, and for other purposes.
1. Short title; reference; table of contents (a) Short title This Act may be cited as the Retirement Plan Simplification and Enhancement Act of 2013 . (b) Amendment of 1986 Code Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; reference; table of contents. Title I—Expanding Coverage and Increasing Retirement Savings Sec. 101. Modification of automatic enrollment safe harbor. Sec. 102. Secure deferral arrangements. Sec. 103. Qualified cash or deferred arrangements must allow long-term employees working more than 500 but less than 1,000 hours per year to participate. Sec. 104. Separate application of top heavy rules to defined contribution plans covering part-time employees. Sec. 105. Modification of saver’s credit. Sec. 106. Retirement handbook and retirement readiness checklist. Sec. 107. Additional time to adopt a qualified plan. Title II—Encouraging Small Businesses to Enter and Remain in the Employer Retirement Plan System Sec. 201. Increase in credit limitation for small employer pension plan startup costs. Sec. 202. Eliminating barriers to use of multiple employer plans. Title III—Preservation of Income Sec. 301. Study of application of spousal consent rules to defined contribution plans. Sec. 302. Administration of joint and survivor annuity requirements. Sec. 303. Availability of distribution options. Sec. 304. Rollover of insurance contracts to IRAs. Sec. 305. Portability of lifetime income options. Sec. 306. Lost Pension Plan Registry. Title IV—Simplification and Clarification of Qualified Retirement Plan Rules Sec. 401. Exception from required distributions where aggregate retirement savings do not exceed $100,000. Sec. 402. Expansion of Employee Plans Compliance Resolution System. Sec. 403. Use of forfeitures to fund safe harbor contributions. Sec. 404. Substantial cessation of operations. Sec. 405. Church plan clarification. Sec. 406. Protecting older, longer service participants. Sec. 407. Review and report to the Congress relating to reporting and disclosure requirements. Sec. 408. Consolidation of defined contribution plan notices. Sec. 409. Performance benchmarks for asset allocation funds. Sec. 410. Permit nonspousal beneficiaries to roll assets to plans. Sec. 411. Eliminate the “first day of the month” requirement. Title V—Provisions ensuring equity in divorce Sec. 501. Special rules relating to treatment of qualified domestic relations orders. Sec. 502. Elimination of current connection requirement under Railroad Retirement Act for certain survivors. Sec. 503. Permitting divorced spouses and widows and widowers to remarry after turning 60 without a penalty under Railroad Retirement Act. Sec. 504. Repeal of jurisdictional requirement for court to treat military retirement pay as property of the military member and spouse. Sec. 505. Modification of reductions in disposable retired pay for payments in compliance with court orders. Sec. 506. Survivor annuities for widows, widowers, and former spouses of federal employees who die before attaining age for deferred annuity under civil service retirement system. Sec. 507. Court orders relating to Federal retirement benefits for former spouses of federal employees. Title VI—Office of Participant and Plan Sponsor Advocate Sec. 601. Office of Participant and Plan Sponsor Advocate. I Expanding Coverage and Increasing Retirement Savings 101. Modification of automatic enrollment safe harbor (a) In general (1) Removal of 10 percent cap Clause (iii) of section 401(k)(13)(C) is amended by striking , does not exceed 10 percent, and is at least and inserting and is . (2) Conforming amendments (A) Subclause (I) of section 401(k)(13)(C)(iii) is amended by striking 3 percent and inserting at least 3 percent, but not greater than 10 percent, . (B) Subclause (II) of section 401(k)(13)(C)(iii) is amended by striking 4 percent and inserting at least 4 percent . (C) Subclause (III) of section 401(k)(13)(C)(iii) is amended by striking 5 percent and inserting at least 5 percent . (D) Subclause (IV) of section 401(k)(13)(C)(iii) is amended by striking 6 percent and inserting at least 6 percent . (b) Effective date The amendments made by this section shall apply to plan years beginning after the date of enactment of this Act. 102. Secure deferral arrangements (a) In general Subsection (k) of section 401 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (14) Alternative method for secure deferral arrangements to meet nondiscrimination requirements (A) In general A secure deferral arrangement shall be treated as meeting the requirements of paragraph (3)(A)(ii). (B) Secure deferral arrangement For purposes of this paragraph, the term secure deferral arrangement means any cash or deferred arrangement which meets the requirements of subparagraphs (C), (D), and (E) of paragraph (13), except as modified by this paragraph. (C) Qualified percentage For purposes of this paragraph, with respect to any employee, the term qualified percentage means, in lieu of the meaning given such term in paragraph (13)(C)(iii), any percentage determined under the arrangement if such percentage is applied uniformly and is— (i) at least 6 percent, but not greater than 10 percent, during the period ending on the last day of the first plan year which begins after the date on which the first elective contribution described in paragraph (13)(C)(i) is made with respect to such employee, (ii) at least 8 percent during the first plan year following the plan year described in clause (i), and (iii) at least 10 percent during any subsequent plan year. (D) Matching contributions (i) In general For purposes of this paragraph, an arrangement shall be treated as having met the requirements of paragraph (13)(D)(i) if and only if the employer makes matching contributions on behalf of each employee who is not a highly compensated employee in an amount equal to the sum of 50 percent of the elective contributions of the employee to the extent that such contributions do not exceed 2 percent of compensation plus 30 percent of so much of such contributions as exceed 2 percent but do not exceed 10 percent of compensation. (ii) Application of rules for matching contributions The rules of clause (ii) of paragraph (12)(B) and clauses (iii) and (iv) of paragraph (13)(D) shall apply for purposes of clause (i) but the rule of clause (iii) of paragraph (12)(B) shall not apply for such purposes. The rate of matching contribution for each incremental deferral must be at least as high as the rate specified in clause (i), and may be higher, so long as such rate does not increase as an employee’s rate of elective contributions increases. . (b) Matching contributions and employee contributions Subsection (m) of section 401 of such Code is amended by redesignating paragraph (13) as paragraph (14) and by adding after paragraph (12) the following new paragraph: (13) Alternative method for secure deferral arraignments A defined contribution plan shall be treated as meeting the requirements of paragraph (2) with respect to matching contributions and employee contributions if the plan— (A) is a secure deferral arrangement (as defined in subsection (k)(14)), (B) meets the requirements of clauses (ii) and (iii) of paragraph (11)(B), and (C) provides that matching contributions on behalf of any employee may not be made with respect to an employee’s contributions or elective deferrals in excess of 10 percent of the employee’s compensation. . (c) Tax credit (1) In general Subpart (D) of part IV of subchapter A of Chapter 1 of subtitle A of such Code is amended by adding at the end thereof the following new section: 45S. Secure deferral arrangements (a) In general For purposes of section 38, in the case of an eligible employer maintaining a qualified employer plan (as defined in clauses (i) and (ii) of section 4972(d)(1)(A)), the secure deferral arrangement credit determined under this section for any taxable year is an amount equal to 10 percent of all contributions under a secure deferral arrangement (as defined in section 401(k)(14)) made during the plan year ending with or within the taxable year of the eligible employer by or on behalf of employees other than highly compensated employees (as defined in section 414(q)). (b) Dollar limitation The amount of the credit determined under this section for any taxable year shall not exceed— (1) $10,000 for the first credit year and each of the 2 taxable years immediately following the first credit year, and (2) zero for any other taxable year. (c) First credit year The term first credit year means— (1) the taxable year of the eligible employer with which or within which ends the first plan year during which the secure deferral arrangement was in effect for the entire year, or (2) at the election of the eligible employer, the taxable year preceding the taxable year referred to in paragraph (1). (d) Definition and special rules (1) Eligible employer The term eligible employer has the meaning given such term by section 408(p)(2)(C)(i). (2) Aggregation 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 one person. All qualified employer plans of an eligible employer shall be treated as 1 qualified employer plan. (3) Disallowance of deduction No deduction shall be allowed for that portion of the contribution for the taxable year which is equal to the credit determined under subsection (a). (4) Election not to claim credit This section shall not apply to a taxpayer for any taxable year if such taxpayer elects to have this section not apply for such taxable year. Any such taxable year shall not be taken into account under subsection (b). . (2) Conforming amendments (A) General business credit Subsection (b) of section 38 of such Code is amended by striking plus at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting , plus , and by adding at the end the following: (37) the secure deferral arrangement credit determined under section 45S. . (B) Credit cross-references (i) Subsection (k) of section 401 of such Code, as amended by subsection (a), is amended at the end thereof to add the following new paragraph: (15) Secure deferral arrangement credit For a general business credit with respect to secure deferral arrangements, see section 45S. . (ii) Subsection (m) of section 401 of such Code, as amended by subsection (b), is amended by adding at the end the following new paragraph: (15) Secure deferral arrangement credit For a general business credit with respect to secure deferral arrangements, see section 45S. . (d) Facilitating qualified automatic contribution arrangements and secure deferral arraignments By no later than the date that is twelve months after the date of enactment of this Act, the Secretary of the Treasury shall prescribe rules that facilitate the administration of qualified automatic contribution arrangements (as defined in section 401(k)(13) of the Internal Revenue Code of 1986) and secure deferral arrangements (as defined in section 401(k)(14) of such Code). Such rules shall— (1) Clarify, simplify, and provide safe harbors with respect to the application of the notice requirements described in section 401(k)(13)(E) of such Code, especially in cases where— (A) employees become eligible under such arrangements upon becoming employed or shortly thereafter, or (B) the employer has employees subject to different payroll and administrative systems. (2) Clarify, simplify and provide safe harbors with respect to the timing of the increases in the qualified percentage described in subclauses (II), (III), and (IV) of section 401(k)(13)(C)(iii) of such Code and in clauses (ii) and (iii) of section 401(k)(14)(C) of such Code, especially in cases where the employer has employees subject to different payroll and administrative systems. (e) Effective date (1) In general The amendments made by subsections (a) and (b) shall apply to plan years beginning after December 31, 2013. (2) Tax credit The amendments made by subsection (c) shall apply to taxable years beginning after December 31, 2013. 103. Qualified cash or deferred arrangements must allow long-term employees working more than 500 but less than 1,000 hours per year to participate (a) Participation requirement (1) In general Subparagraph (D) of section 401(k)(2) (defining qualified cash or deferred arrangement) is amended to read as follows: (D) which does not require, as a condition of participation in the arrangement, that an employee complete a period of service with the employer (or employers) maintaining the plan extending beyond the close of the earlier of— (i) the period permitted under section 410(a)(1) (determined without regard to subparagraph (B)(i) thereof), or (ii) subject to the provisions of paragraph (14), the first period of 3 consecutive 12-month periods during each of which the employee has at least 500 hours of service. . (2) Special rules Section 401(k) (relating to cash or deferred arrangements) (as amended by section 102) is amended by adding at the end the following new paragraph: (16) Special rules for participation requirement for long-term, part-time workers For purposes of paragraph (2)(D)(ii)— (A) Age requirement must be met Paragraph (2)(D)(ii) shall not apply to an employee unless the employee has met the requirement of section 410(a)(1)(A)(i) by the close of the last of the 12-month periods described in such paragraph. (B) Nondiscrimination and top-heavy rules not to apply (i) Nondiscrimination rules In the case of employees who are eligible to participate in the arrangement solely by reason of paragraph (2)(D)(ii)— (I) notwithstanding subsection (a)(4), an employer shall not be required to make nonelective or matching contributions on behalf of such employees even if such contributions are made on behalf of other employees eligible to participate in the arrangement, and (II) an employer may elect to exclude such employees from the application of subsection (a)(4), paragraph (3), subsection (m)(2), and section 410(b). (ii) Top-heavy rules An employer may elect to exclude all employees who are eligible to participate in a plan maintained by the employer solely by reason of paragraph (2)(D)(ii) from the application of the vesting and benefit requirements under subsections (b) and (c) of section 416. (iii) Vesting For purposes of determining whether an employee described in clause (i) has a nonforfeitable right to employer contributions (other than contributions described in paragraph (3)(D)(i)) under the arrangement, each 12-month period for which the employee has at least 500 hours of service shall be treated as a year of service. (iv) Employees who become full-time employees This subparagraph shall cease to apply to any employee as of the first plan year beginning after the plan year in which the employee meets the requirements of section 410(a)(1)(A)(ii) without regard to paragraph (2)(D)(ii). (C) Exception for employees under collectively bargained plans, etc Paragraph (2)(D)(ii) shall not apply to employees described in section 410(b)(3). (D) Special rules (i) Time of participation The rules of section 410(a)(4) shall apply to an employee eligible to participate in an arrangement solely by reason of paragraph (2)(D)(ii). (ii) 12-month periods 12-month periods shall be determined in the same manner as under the last sentence of section 410(a)(3)(A). . (b) Effective date The amendments made by this section shall apply to plan years beginning after December 31, 2013, except that, for purposes of section 401(k)(2)(D)(ii) of the Internal Revenue Code of 1986 (as added by such amendments), 12-month periods beginning before January 1, 2014, shall not be taken into account. 104. Separate application of top heavy rules to defined contribution plans covering part-time employees (a) In general Paragraph (2) of section 416(c) is amended by adding at the end the following: (C) Separate application to employees not meeting age and service requirements If employees not meeting the age or service requirements of section 410(a)(1) (without regard to subparagraph (B) thereof) are covered under a plan of the employer which meets the requirements of paragraphs (A) and (B) separately with respect to such employees, such employees may be excluded from consideration in determining whether any plan of the employer meets the requirements of subparagraphs (A) and (B). . (b) Effective date The amendment made by subsection (a) shall apply to plan years beginning after the date of the enactment of this Act. 105. Modification of saver’s credit (a) 50 percent credit for all taxpayers: expansion of phaseout ranges Subsection (b) of section 25B is amended to read as follows: (b) Applicable percentage For purposes of this section— (1) In general Except as provided in paragraph (2), the applicable percentage is 50 percent. (2) Phaseout The percentage under paragraph (1) shall be reduced (but not below zero) by the number of percentage points which bears the same ratio to 50 percentage points as— (A) the excess of— (i) the taxpayer’s adjusted gross income for such taxable year, over (ii) the applicable dollar amount, bears to (B) the phaseout range. If any reduction determined under this paragraph is not a whole percentage point, such reduction shall be rounded to the nearest whole percentage point. (3) Applicable dollar amount; phaseout range (A) Joint returns Except as provided in subparagraph (B)— (i) the applicable dollar amount is $65,000, and (ii) the phaseout range is $20,000. (B) Other returns In the case of— (i) a head of a household (as defined in section 2(b)), the applicable dollar amount and the phaseout range shall be 3/4 of the amounts applicable under subparagraph (A) (as adjusted under paragraph (4)), and (ii) any taxpayer who is not filing a joint return and who is not a head of a household (as so defined), the applicable dollar amount and the phaseout range shall be 1/2 of the amounts applicable under subparagraph (A) (as so adjusted). (4) Inflation adjustment of applicable dollar amount In the case of any taxable year beginning in a calendar year after 2014, the dollar amount in paragraph (3)(A)(i) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2013 for calendar year 1992 in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $500. . (b) Credit made refundable; matching contributions (1) Credit made refundable The Internal Revenue Code of 1986 is amended by moving section 25B to subpart C of part IV of subchapter A of chapter 1 of such Code (relating to refundable credits), by inserting section 25B after section 36B, and by redesignating section 25B as section 36C. (2) Matching contributions Section 36C, as redesignated by paragraph (1), is amended by adding at the end the following: (g) Matching contributions (1) In general The credit allowed to an eligible individual under this section for any taxable year shall be twice the credit which would (but for this subsection) be allowed if— (A) the individual consents to the application of paragraph (2), and (B) a designation by such individual is in effect for such year under paragraph (3). (2) Credit paid into designated retirement account Any credit under this section for any taxable year shall be paid by the Secretary into the designated retirement account of the individual for such year. The amount payable under the preceding sentence shall be subject to the reductions under section 6402 in the same manner as if such amount were an overpayment. The amount so paid shall be treated as refunded to such individual. (3) Designated retirement account For purposes of this subsection, the term designated retirement account means any account or plan— (A) of a type to which qualified retirement savings contributions may be made, (B) which is for such individual’s benefit, and (C) which is designated by such individual (in such form and manner as the Secretary may provide) on the return of tax for the taxable year. (4) Treatment of matching contributions In the case of an amount paid under paragraph (2) into a designated retirement account— (A) any dollar limitation otherwise applicable to the amount of contributions or deferrals to such account shall be increased by the amount so paid, (B) the individual’s basis in such account shall not be increased by reason of the amount so paid, and (C) such amount shall be treated as an employer contribution for the plan year in which such amount is paid for purposes of— (i) section 401(k)(3), and (ii) section 408(k)(6)(A)(iii). (5) Regulations The Secretary shall prescribe such regulations or other guidance as may be necessary to address situations under which the Secretary is not able to make a payment to a designated retirement account of an individual, including a plan of an employer for which the individual no longer works and to an account that does not exist. . (3) Conforming amendments (A) Section 6211(b)(4)(A) is amended by inserting 36C, after 36B, . (B) The table of sections for subpart A of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 25B. (C) The table of sections for subpart C of such part is amended by adding at the end the following new item: Sec. 36C. Elective deferrals and IRA contributions by certain individuals. . (D) Section 1324(b)(2) of title 31, United States Code, is amended by inserting 36C, after 36B, . (c) Maximum contributions Subsection (a) of section 36C, as redesignated by subsection (b), is amended to read as follows: (a) Allowance of credit (1) In general In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the applicable percentage of so much of the qualified retirement savings contributions of the eligible individual for the taxable year as do not exceed the contribution limit. (2) Contribution limit For purposes of paragraph (1)— (A) In general Except as otherwise provided in this paragraph, the contribution limit is $500 ($1,500 for taxable years beginning after 2023). (B) Annual increases to reach $1,500 In the case of taxable years beginning in a calendar year after 2013 and before 2024, the contribution limit shall be the sum of— (i) the contribution limit for taxable years beginning in the preceding calendar year (as increased under this subparagraph), and (ii) $100. (C) Inflation adjustment In the case of any taxable year beginning in a calendar year after 2023, the $1,500 amount in subparagraph (A) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2022 for calendar year 1992 in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $50. . (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. 106. Retirement handbook and retirement readiness checklist (a) In general Section 704 of the Social Security Act is amended by adding at the end the following new subsection: (f) Retirement information (1) In general The Commissioner, in consultation with the Social Security Advisory Board, shall prepare— (A) the financial reference handbook described in paragraph (2), and (B) the retirement readiness checklist described in paragraph (3). (2) Financial reference handbook The handbook described in this paragraph is a pamphlet which— (A) includes definitions of basic financial terms, (B) contains a listing of financial issues and problems facing individuals who are retiring and explanations of methods of dealing with the issues and problems, and (C) is in a form readily understandable by the average retiree. (3) Readiness checklist The checklist described in this paragraph is a list of questions that individuals need to consider in preparation for retirement, including the following: (A) What annual income will the individual need in retirement? (B) How many years will the individual live in retirement? (C) What will be the cost of Medicare premiums? (D) What will be the cost of insurance necessary to supplement Medicare? (E) How will savings be invested in retirement? (F) How will taxes affect your retirement income? The checklist will include answers to the questions or directions as to where information is available to answer the questions. All information shall be in a form readily understandable to the average recipient of the checklist. (4) Revisions The Commissioner shall periodically revise and update the handbook and checklist prepared under this subsection. (5) Distribution of materials (A) Handbook The financial reference handbook described in paragraph (2) shall be included with materials provided to an individual when the individual first applies for benefits under title II and such other times as the Commissioner determines appropriate. (B) Checklist The retirement readiness checklist described in paragraph (3) shall be included with an individual’s annual social security account statement provided under section 1143. . (b) Effective date The amendment made by this section shall take effect on the date of the enactment of this Act, but the handbooks and checklists required to be provided by such amendment shall be provided on or after January 1, 2014 (or such earlier date as the Commissioner of Social Security may provide). 107. Additional time to adopt a qualified plan (a) In general Subsection (a) of section 401 is amended by inserting after paragraph (37) the following new paragraph: (38) The adoption of a plan by the applicable date shall not cause a plan to fail to meet the requirements of this section for a plan year. For purposes of the preceding sentence, the term applicable date means the due date (including extensions) for filing the Federal income tax return for the employer’s taxable year in which ends the plan year for which the plan is effective. A plan adopted in accordance with this paragraph will be treated as established by the end of the employer’s taxable year for purposes of applying section 404(a). . (b) Effective date The amendment made by subsection (a) shall apply to years beginning after December 31, 2013. II Encouraging Small Businesses to Enter and Remain in the Employer Retirement Plan System 201. 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, and . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2013. 202. 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. III Preservation of Income 301. Study of application of spousal consent rules to defined contribution plans (a) Study The Government Accountability Office shall conduct a study of the feasibility and desirability of extending the application of the requirements of section 205 of the Employee Retirement Income Security Act of 1974 and sections 401(a)(11) and 417 of the Internal Revenue Code of 1986 (relating to spousal consent requirements) to defined contribution plans to which such requirements do not apply. Such study shall include consideration of any modifications of such requirements that are necessary to apply such requirements to such plans. (b) Report Not later than 1 year after the date of the enactment of this Act, the Government Accountability Office shall report the results of the study, 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. 302. Administration of joint and survivor annuity requirements (a) Amendments to the Employee Retirement Income Security Act of 1974 (1) In general Section 402(c) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1102(c) ) is amended— (A) in paragraph (2) by striking or at the end, (B) in paragraph (3) by striking the period at the end and inserting ; or , and (C) by adding at the end the following new paragraph: (4) that a named fiduciary, or a fiduciary designated by a named fiduciary pursuant to a plan procedure described in section 405(e), may appoint an annuity administrator or administrators with responsibility for administration of an individual account plan in accordance with the requirements of section 205 and payment of any annuity required thereunder. . (2) Section 405 of such Act ( 29 U.S.C. 1105 ) is amended by adding at the end the following new subsection: (e) Annuity Administrator If an annuity administrator or administrators have been appointed under section 402(c)(4) and such entity acknowledges in writing that they are the annuity administrator and a fiduciary under the plan with respect to their appointed duties, then neither the named fiduciary nor any appointing fiduciary shall be liable for any act or omission of the annuity administrator except to the extent that— (1) the named fiduciary or appointing fiduciary violated section 404(a)(1)— (A) with respect to such allocation or designation, or (B) in continuing the allocation or designation, (2) the named fiduciary or appointing fiduciary would otherwise be liable in accordance with subsection (a), or (3) the entity appointed to be the annuity administrator is neither an insurance company nor approved to be an annuity administrator by the Secretary. . (b) Effective date The amendments made by subsection (a) shall apply as of the date of enactment of this Act. 303. Availability of distribution options (a) Lifetime income investments By the date that is one year after the date of enactment of this Act, the Secretary of the Treasury shall issue final regulations under which it is clarified that any specified age or service condition (or combination of age and service conditions) with respect to a lifetime income investment (as defined in section 401(a)(38)(B)(ii)) under a defined contribution plan shall be disregarded in determining whether such lifetime income investment is currently available to an employee for purposes of Treasury Regulation section 1.401(a)(4)–4(b) (or any successor provision). (b) Enforcement As of the date of enactment of this Act, the Secretary of the Treasury shall administer and enforce the law in accordance with subsection (a) with respect to plan years beginning before, on, or after the date of enactment of this Act. (c) Effective date This section shall take effect as of the date of enactment of this Act. 304. Rollover of insurance contracts to IRAs (a) In general Section 408(a)(3) is amended by inserting other than insurance contracts that were rolled over to an IRA from a qualified retirement plan described in clause (iii), (iv), or (vi) of section 402(c)(8)(B) provided that such contracts provide only incidental death benefits taking into account both the IRA and the qualified retirement plan after contract . (b) Effective date The amendment made by subsection (a) shall apply to years beginning after December 31, 2013. 305. Portability of lifetime income options (a) In general Subsection (a) of section 401 is amended by inserting after paragraph (37) the following new paragraph: (38) Portability of lifetime income (A) In general A trust forming part of a defined contribution plan shall not be treated as failing to constitute a qualified trust under this section solely by reason of allowing— (i) qualified distributions of a lifetime income investment, or (ii) distributions of a lifetime income investment in the form of a qualified plan distribution annuity contract, on or after the date that is 90 days prior to the date on which such lifetime income investment is no longer authorized to be held as an investment option under the plan except as may otherwise be provided by regulations. (B) Definitions For purposes of this subsection— (i) the term qualified distribution means a direct trustee-to-trustee transfer to an eligible retirement plan (as defined in section 402(c)(8)(B)), as described in section 401(a)(31)(A), (ii) the term lifetime income investment means an investment option that is designed to provide an employee with election rights— (I) that are not uniformly available with respect to other investment options under the plan, and (II) that are to a lifetime income feature available through a contract or other arrangement offered under the plan or under another eligible retirement plan (as defined in section 402(c)(8)(B)) through a direct trustee-to-trustee transfer to such other eligible retirement plan under section 401(a)(31)(A), (iii) the term lifetime income feature means— (I) a feature that guarantees a minimum 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, or (II) an annuity payable on behalf of the employee under which payments are made in substantially equal periodic payments (not less frequently than annually) over the life of the employee or the joint lives of the employee and the employee’s designated beneficiary, taking into account the rules of clause (iii) of section 401(a)(9)(I), and (iv) the term qualified plan distribution annuity contract means an annuity contract purchased for a participant and distributed to the participant by a plan described in subparagraph (B) of section 402(c)(8) (without regard to clauses (i) and (ii) thereof). . (b) Cash or deferred arrangement Clause (i) of section 401(k)(2)(B) is amended by striking or at the end of subclause (IV), by striking and at the end of subclause (V) and inserting or , and by adding at the end of clause (i) the following: (VI) with respect to amounts invested in a lifetime income investment (as defined in section 401(a)(38)(B)(ii)), the date that is 90 days prior to the date that such lifetime income investment may no longer be held as an investment option under the plan, provided that any distribution under this subclause must be in the form of a qualified distribution (as defined in section 401(a)(38)(B)(i)) or a qualified plan distribution annuity contract (as defined in section 401(a)(38)(B)(iv)), and . (c) Section 403( b ) plans (1) Annuity contracts Paragraph (11) of section 403(b) is amended by striking or at the end of subparagraph (B), by striking the period at the end of subparagraph (C), and by inserting , or , and by adding at the end the following: (D) with respect to amounts invested in a lifetime income investment (as defined in section 401(a)(38)(B)(ii)), the date that is 90 days prior to the date that such lifetime income investment may no longer be held as an investment option under the plan, provided that any distribution under this subparagraph must be in the form of a qualified distribution (as defined in section 401(a)(38)(B)(i)) or a qualified plan distribution annuity contract (as defined in section 401(a)(38)(B)(iv)). . (2) Custodial accounts Clause (ii) of section 403(b)(7)(A) is amended to read as follows: (ii) under the custodial account, no such amounts may be paid or made available to any distributee (unless such amount is a distribution to which section 72(t)(2)(G) applies) before— (I) the employee dies, (II) the employee attains age 59½, (III) the employee has a severance from employment, (IV) the employee becomes disabled (within the meaning of section 72(m)(7)), (V) in the case of contributions made pursuant to a salary reduction agreement (within the meaning of section 3121(a)(5)(D)), the employee encounters financial hardship, or (VI) with respect to amounts invested in a lifetime income investment (as defined in section 401(a)(38)(B)(ii)), the date that is 90 days prior to the date that such lifetime income investment may no longer be held as an investment option under the plan, provided that any distribution under this subparagraph must be in the form of a qualified distribution (as defined in section 401(a)(38)(B)(i)) or a qualified plan distribution annuity contract (as defined in section 401(a)(38)(B)(iv)). . (d) Eligible deferred compensation plans Subparagraph (A) of section 457(d)(1) is amended by striking or at the end of clause (ii), by inserting or at the end of clause (iii), and by adding after clause (iii) the following: (iv) with respect to amounts invested in a lifetime income investment (as defined in section 401(a)(38)(B)(ii)), the date that is 90 days prior to the date that such lifetime income investment may no longer be held as an investment option under the plan, provided that any distribution under this subparagraph must be in the form of a qualified distribution (as defined in section 401(a)(38)(B)(i)) or a qualified plan distribution annuity contract (as defined in section 401(a)(38)(B)(iv)), . (e) Effective date The amendments made by this section shall apply to plan years beginning after December 31, 2013. 306. Lost Pension Plan Registry (a) In general Subtitle C of title IV of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1341 et seq.) is amended by adding at the end the following: 4051. Lost Pension Plan Registry No later than December 31, 2014, the corporation shall establish a database to be known as the Lost Pension Plan Registry. The corporation shall— (1) ensure that the database contains a record of the information described in section 6057(b) of the Internal Revenue Code of 1986 that is transmitted by the Secretary of the Treasury to the corporation pursuant to section 6057(d) of such Code, and (2) post such record on the corporation's website in a manner calculated to inform participants and beneficiaries of the name, location, and contact information for any plan that has changed its identity or status. . (b) Amendment to the Internal Revenue Code Section 6057(d) of the Internal Revenue Code of 1986 is amended by inserting and to the Pension Benefit Guaranty Corporation before the period at the end. IV Simplification and Clarification of Qualified Retirement Plan Rules 401. Exception from required distributions where aggregate retirement savings do not exceed $100,000 (a) In general Section 401(a)(9) (relating to required distributions) is amended by adding at the end the following new subparagraph: (I) Exception from required minimum distributions during life of employee or beneficiary where assets do not exceed $100,000 (i) In general If, as of a measurement date, the aggregate balance to the credit of an employee under all applicable eligible retirement plans does not exceed $100,000, then the requirements of subparagraph (A) shall not apply to the employee during any succeeding calendar year. In addition, if, as of a measurement date, the aggregate balance to the credit of an employee under all applicable eligible retirement plans does not exceed $100,000, then the requirements of subparagraph (B) shall not apply during any succeeding calendar year to the employee’s designated beneficiary with respect to the designated beneficiary’s interest in the balance to the credit of the deceased employee. (ii) Applicable eligible retirement plan For purposes of this subparagraph, the term applicable eligible retirement plan means an eligible retirement plan (as defined in section 402(c)(8)(B)) and any other plan, contract, or arrangement to which the requirements of this paragraph apply. (iii) Special rule for benefits paid as a life annuity from defined benefit plan In determining the aggregate balance under clause (i), there shall not be taken into account the value of any benefits under a defined benefit plan that, on the measurement date, are being paid as a life annuity. (iv) Measurement date (I) Initial measurement dates The initial measurement date for an individual is the last day of the calendar year preceding the earlier of— (aa) the calendar year in which the employee attains age 70 ½ , or (bb) the calendar year in which the employee dies. (II) Subsequent measurement dates If, in a calendar year, an individual who is exempted from the requirements of this paragraph pursuant to clause (i) receives contributions, rollovers, or transfers of amounts, or accrues additional benefits under a defined benefit plan, that were not previously taken into account in applying this subparagraph, then the last day of that calendar year shall be a new measurement date and a new determination shall be made as to whether clause (i) applies. (v) Determining value of defined benefit plan benefits The value of defined benefit plan benefits is determined in accordance with the applicable interest rate and applicable mortality rate assumptions under section 417(e), except that the value shall be equal to the amount of the single sum payment payable to the extent available under the plan. (vi) Phase-in of minimum distribution requirements For an individual whose aggregate balance exceeds the exemption level in clause (i) by less than $10,000, required minimum distribution requirements will phase in based on the ratio of— (I) the amount by which the aggregate balance exceeds the exemption level, to (II) $10,000. (vii) Cost of living adjustments The Secretary shall adjust annually the $100,000 amount specified in clause (i) for increases in the cost-of-living at the same time and in the same manner as adjustments under section 415(d); except that the base period shall be the calendar quarter beginning July 1, 2013, and any increase which is not a multiple of $5,000 shall be rounded to the next lowest multiple of $5,000. . (b) Effective date The amendment made by this section shall apply to initial measurement dates occurring on or after December 31, 2013. 402. Expansion of Employee Plans Compliance Resolution System (a) In general Not later than one year after the date of the enactment of this Act, the Secretary of the Treasury shall modify the Employee Plans Compliance Resolution System (as described in Revenue Procedure 2013–12) to achieve the results specified in the succeeding subsections of this section and to further facilitate corrections and compliance in such other means as the Secretary deems appropriate. (b) Loan error (1) In the case of plan loan errors for which corrections are specified under the voluntary compliance program, self-correction shall be made available by methods applicable to such loans through the voluntary compliance program. (2) The Secretary of Labor shall treat any loan error corrected pursuant to paragraph (1) as meeting the requirements of the Voluntary Fiduciary Correction Program of the Department of Labor. (c) 457( b ) plan correction The Secretary of the Treasury shall update the Employee Plans Compliance Resolution System to provide the same type of comprehensive correction program that is available under such system to retirement plans qualified under section 401(a) of the Internal Revenue Code of 1986 to plans maintained pursuant to section 457(b) of such Code by an employer described in section 457(e)(1)(A) of such Code. (d) EPCRS for IRAs The Secretary of the Treasury shall expand the Employee Plans Compliance Resolution System to allow custodians of individual retirement plans to address inadvertent errors for which the owner of an individual retirement plan was not at fault, including (but not limited to)— (1) waivers of the excise tax that would otherwise apply under section 4974 of the Internal Revenue Code of 1986, (2) under the self-correction component of the Employee Plans Compliance Resolution System, waivers of the 60-day deadline for a rollover where the deadline is missed for reasons beyond the reasonable control of the account owner, and (3) rules permitting a nonspouse beneficiary to return distributions to an inherited individual retirement plan described in section 408(d)(3)(C) of the Internal Revenue Code of 1986 in a case where, due to an inadvertent error by a service provider, the beneficiary had reason to believe that the distribution could be rolled over without inclusion in income of any part of the distributed amount. (e) Required minimum distribution corrections The Secretary of the Treasury shall expand the Employee Plans Compliance Resolution System to allow plans to which such system applies and custodians of individual retirement plans to self-correct, without an excise tax, any inadvertent errors pursuant to which a distribution is made no more than 180 days after it was required to be made. (f) Automatic feature error correction In order to promote the adoption of automatic enrollment and automatic escalation, the Secretary of the Treasury shall modify the Employee Plans Compliance Resolution System to establish specific correction methods for errors in implementing automatic enrollment and automatic escalation features. 403. Use of forfeitures to fund safe harbor contributions (a) In general Section 401(k) (as amended by this Act) is amended by adding at the end the following new paragraph: (17) A matching contribution or nonelective contribution described in paragraph (3)(D)(ii), subparagraph (B) or (C) of paragraph (12), or paragraph (13)(D) shall not fail to satisfy the definition under such paragraph merely because the contribution is funded in whole or in part by forfeitures. . (b) Effective date The amendment made by subsection (a) shall apply to forfeitures allocated in accordance with section 401(k)(14) of the Internal Revenue Code of 1986 (as amended by subsection (a)) before, on or after the date of enactment of this Act. 404. Substantial cessation of operations (a) In general Subsection (e) of section 4062 of the Employee Retirement Income Security Act of 1974 is amended by striking If an employer and inserting (1) In General.— If an employer , and by adding at the end thereof the following new paragraph: (2) Substantial cessation of operations An employer shall not be treated as having a cessation described in paragraph (1) unless— (A) all operations at a facility in a location are ceased and— (i) such cessation is reasonably expected to be permanent, (ii) no portion of such operations is moved to another facility at a different location, (iii) no portion of such operations is assumed or otherwise transferred to another employer, and (iv) no other operations are reasonably expected to be maintained at such facility, and (B) as a result of the cessation described in subparagraph (A), more than 20 percent of the employees of the employer have a termination of employment that is reasonably expected to be permanent. For purposes of this subparagraph, employees of the employer shall include all employees treated as employed by a single employer under sections 210(c) and (d). . (b) Direction to the corporation The Pension Benefit Guaranty Corporation shall not take any enforcement, administrative, or other actions pursuant to section 4062(e) of such Act that are inconsistent with subparagraph (A) of section 4062(e)(2) of such Act, as amended, without regard to whether such actions relate to a cessation or other event that occurs before or after the date of enactment of this Act. (c) Effective date Subsection (b) and the amendment made by subsection (a) shall apply as of the date of enactment of this Act. 405. Church plan clarification (a) Application of controlled group rules to church plans (1) In general Section 414(c) is amended— (A) by striking For purposes and inserting the following: (1) In general For purposes , and (B) by adding at the end the following new paragraph: (2) Church plans (A) General Rule Except as provided in subparagraphs (B) and (C), for purposes of this subsection and subsection (m), an organization that is otherwise eligible to participate in a church plan as defined in subsection (e) shall not be aggregated with another such organization and treated as a single employer with such other organization unless— (i) one such organization provides directly or indirectly at least 80 percent of the operating funds for the other organization during the preceding tax year of the recipient organization, and (ii) there is a degree of common management or supervision between the organizations. For purposes of this subparagraph, a degree of common management or supervision exists only if the organization providing the operating funds is directly involved in the day-to-day operations of the other organization. (B) Nonqualified Church-Controlled Organizations Notwithstanding the provisions of subparagraph (A), for purposes of this subsection and subsection (m), an organization that is a nonqualified church-controlled organization shall be aggregated with one or more other nonqualified church-controlled organizations, or with an organization that is not exempt from tax under section 501, and treated as a single employer with such other organizations, if at least 80 percent of the directors or trustees of such organizations are either representatives of, or directly or indirectly controlled by, the first organization. For purposes of this subparagraph, a nonqualified church controlled organization shall mean a church-controlled organization described in section 501(c)(3) that is not a qualified church-controlled organization described in section 3121(w)(3)(B). (C) Permissive Aggregation Among Church-Related Organizations Organizations described in subparagraph (A) may elect to be treated as under common control for purposes of this subsection. Such election shall be made by the church or convention or association of churches with which such organizations are associated within the meaning of section 414(e)(3)(D), or by an organization determined by such church or convention or association of churches to be the appropriate organization for making such election. (D) Permissive Disaggregation of Church-Related Organizations For purposes of subparagraph (A) above, in the case of a church plan (as defined in section 414(e)), any employer may permissively disaggregate those entities that are not churches (as defined in section 403(b)(12)(B)) separately from those entities that are churches, even if such entities maintain separate church plans. (E) Anti-Abuse Rule For purposes of subparagraphs (A) and (B), the anti-abuse rule in Treasury Regulation section 1.414(c)–5(f) shall apply. . (2) Effective date The amendments made by this subsection shall apply to taxable years beginning before, on, or after the date of the enactment of this Act. (b) Application of contribution and funding limitations to 403( b ) grandfathered defined benefit plans (1) In general Section 251(e)(5) of the Tax Equity and Fiscal Responsibility Act of 1982 ( Public Law 97–248 ), is amended— (A) by striking 403(b)(2) and inserting 403(b) , and (B) by inserting before the period at the end the following: , and shall be subject to the applicable limitations of section 415(b) of such Code as if it were a defined benefit plan under section 401(a) of such Code and not the limitations of section 415(c) of such Code (relating to limitation for defined contribution plans). . (2) Effective date The amendments made by this subsection shall apply as if included in the enactment of the Tax Equity and Fiscal Responsibility Act of 1982. (c) Automatic enrollment by church plans (1) In general This subsection shall supersede any law of a State that relates to wage, salary, or payroll payment, collection, deduction, garnishment, assignment or withholding which would directly or indirectly prohibit or restrict the inclusion in any church plan (as defined in this subsection) of an automatic contribution arrangement. (2) Definition of automatic contribution arrangement For purposes of this subsection, the term automatic contribution arrangement means an arrangement— (A) under which a participant may elect to have the plan sponsor make payments as contributions under the plan on behalf of the participant, or to the participant directly in cash, and (B) under which a participant is treated as having elected to have the plan sponsor make such contributions in an amount equal to a uniform percentage of compensation provided under the plan until the participant specifically elects not to have such contributions made (or specifically elects to have such contributions made at a different percentage). (3) Notice requirements (A) The plan administrator of an automatic contribution arrangement shall, within a reasonable period before such plan year, provide to each participant to whom the arrangement applies for such plan year notice of the participant’s rights and obligations under the arrangement which— (i) is sufficiently accurate and comprehensive to apprise the participant of such rights and obligations, and (ii) is written in a manner calculated to be understood by the average participant to whom the arrangement applies. (B) A notice shall not be treated as meeting the requirements of subparagraph (A) with respect to a participant unless— (i) the notice includes an explanation of the participant’s right under the arrangement not to have elective contributions made on the participant’s behalf (or to elect to have such contributions made at a different percentage), (ii) the participant has a reasonable period of time, after receipt of the notice described in subparagraph (A) and before the first elective contribution is made, to make such election, and (iii) the notice explains how contributions made under the arrangement will be invested in the absence of any investment election by the participant. (4) Effective date This subsection shall take effect on the date of the enactment of this Act. (d) Allow certain plan transfers and mergers (1) In general Section 414 is amended by adding at the end the following new subsection: (y) Certain plan transfers and mergers (1) In general Under rules prescribed by the Secretary, except as provided in paragraph (2), no amount shall be includible in gross income by reason of— (A) a transfer of all or a portion of the account balance of a participant or beneficiary, whether or not vested, from a plan described in section 401(a) or an annuity contract described in section 403(b), which is a church plan described in section 414(e) to an annuity contract described in section 403(b), if such plan and annuity contract are both maintained by the same church or convention or association of churches, (B) a transfer of all or a portion of the account balance of a participant or beneficiary, whether or not vested, from an annuity contract described in section 403(b) to a plan described in section 401(a) or an annuity contract described in section 403(b), which is a church plan described in section 414(e), if such plan and annuity contract are both maintained by the same church or convention or association of churches, or (C) a merger of a plan described in section 401(a), or an annuity contract described in section 403(b), which is a church plan described in section 414(e) with an annuity contract described in section 403(b), if such plan and annuity contract are both maintained by the same church or convention or association of churches. (2) Limitation Paragraph (1) shall not apply to a transfer or merger unless the participant’s or beneficiary's benefit immediately after the transfer or merger is equal to or greater than the participant’s or beneficiary's benefit immediately before the transfer or merger. (3) Qualification A plan or annuity contract shall not fail to be considered to be described in sections 401(a) or 403(b) merely because such plan or account engages in a transfer or merger described in this subsection. (4) Definitions For purposes of this subsection: (A) Church The term church includes an organization described in subparagraph (A) or (B)(ii) of subsection (e)(3). (B) Annuity contract The term annuity contract includes a custodial account described in section 403(b)(7) and a retirement income account described in section 403(b)(9). . (2) Effective date The amendment made by this subsection shall apply to transfers or mergers occurring after the date of the enactment of this Act. (e) Investments by church plans in collective trusts (1) In general In the case of— (A) a church plan (as defined in section 414(e) of the Internal Revenue Code 1986), including a plan described in section 401(a) of such Code and a retirement income account described in section 403(b)(9) of such Code, and (B) an organization described in section 414(e)(3)(A) of such Code the principal purpose or function of which is the administration of such a plan or account, the assets of such plan, account, or organization (including any assets otherwise permitted to be commingled for investment purposes with the assets of such a plan, account, or organization) may be invested in a group trust otherwise described in Internal Revenue Service Revenue Ruling 81–100 (as modified by Internal Revenue Service Revenue Rulings 2004–67 and 2011–1), or any subsequent revenue ruling that supersedes or modifies such revenue ruling, without adversely affecting the tax status of the group trust, such plan, account, or organization, or any other plan or trust that invests in the group trust. (2) Effective date This subsection shall apply to investments made after the date of the enactment of this Act. 406. Protecting older, longer service participants (a) In general Paragraph (4) of section 401(a) of the Internal Revenue Code of 1986 is amended to read as follows: (4) Nondiscrimination (A) In general A trust shall not constitute a qualified trust under this section unless the contributions or benefits provided under the plan do not discriminate in favor of highly compensated employees (within the meaning of section 414(q)). For purposes of this paragraph, there shall be excluded from consideration employees described in section 410(b)(3) (A) and (C). (B) Protection of older, longer service participants (i) (I) A defined benefit plan described in subclause (II) shall not fail to satisfy this paragraph with respect to plan benefits, rights, or features by reason of— (aa) the composition of the closed class of participants described in subclause (II), or (bb) the benefits, rights, or features provided to such closed class. (II) A plan is described in this subclause if— (aa) the plan provides benefits, rights, or features to a closed class of participants, (bb) such closed class and such benefits, rights, and features satisfy the requirements of subparagraph (A) (without regard to this clause) as of the date that the class was closed, and (cc) after the date as of which the class was closed, any plan amendments that modify the closed class or the benefits, rights, and features provided to such closed class satisfy subparagraph (A) (without regard to this clause). If a plan amendment causes a plan to cease to be described in this subclause (II) by reason of subclause (II)(cc), the plan is nevertheless described in this subclause (II) if such plan satisfies this subclause (II) (without regard to subclause (II)(cc)) as of the effective date of such amendment. In such cases, subclauses (II)(bb) and (cc) shall subsequently be applied by reference to the effective date of the plan amendment, rather than by reference to the original date that the class was closed. (ii) (I) A defined contribution plan described in subclause (II) shall permitted to be tested on a benefits basis. (II) A defined contribution plan is described in this subclause if— (aa) the plan provides make-whole contributions to a closed class of participants whose defined benefit plan accruals have been reduced or eliminated, (bb) such closed class of participants satisfies section 410(b)(2)(A)(i) as of the date that the class of participants was closed, and (cc) after the date as of which the class was closed, any plan amendments that modify the closed class or the allocations, benefits, rights, and features provided to such closed class satisfy subparagraph (A) (without regard to this clause). If a plan amendment causes a plan to cease to be described in this subclause (II) by reason of subclause (II)(cc), the plan is nevertheless described in this subclause (II) if such plan satisfies this subclause (II) (without regard to subclause (II)(cc)) as of the effective date of such amendment. In such cases, subclause (II)(bb) and (cc) shall subsequently be applied by reference to the effective date of the plan amendment, rather than by reference to the original date that the class was closed. (III) In addition to other testing methodologies otherwise applicable, for purposes of determining compliance with this paragraph and with section 410(b) of the portion of one or more defined contribution plans described in subclause (II) that provide make-whole contributions, such portion of such plans may be aggregated and tested on a benefits basis with the portion of one or more defined contribution plans that— (aa) provides matching contributions (as defined in subsection (m)(4)(A)), or (bb) consists of an employee stock ownership plan within the meaning of section 4975(e)(7) or a tax credit employee stock ownership plan within the meaning of section 409(a). For such purposes, matching contributions shall be treated in the same manner as employer contributions that are made without regard to whether an employee makes an elective contribution or employee contribution, including for purposes of applying the rules of subsection (l). (C) Definitions For purposes of this paragraph— (i) Make-whole contributions The term make-whole contributions means allocations for each employee in the class that are reasonably calculated, in a consistent manner, to replace some or all of the retirement benefits that the employee would have received under the defined benefit plan and any other plan or arrangement if the employee had continued to benefit at the same level under such defined benefit plan and such other plan or arrangement. (ii) References to closed class of participants References to a closed class of participants and similar references to a closed class shall include arrangements under which one or more classes of participants are closed. (D) Protecting grandfathered participants in defined benefit plans (i) One or more defined benefit plans described in clause (ii) shall be permitted to be tested on a benefits basis with one or more defined contribution plans. (ii) A defined benefit plan is described in this clause if— (I) the plan provides benefits to a closed class of participants, (II) the plan and such benefits satisfy the requirements of subparagraph (A) (without regard to this subparagraph) as of the date the class was closed, and (III) after the date as of which the class was closed, any plan amendments that modify the closed class or the benefits provided to such closed class satisfy subparagraph (A) (without regard to this subparagraph). If a plan amendment causes a plan to cease to be described in this clause (ii) by reason of subclause (III), the plan is nevertheless described in this clause (ii) if such plan satisfies this clause (ii) (without regard to subclause (III)) as of the effective date of such amendment. In such cases, subclauses (II) and (III) shall subsequently be applied by reference to the effective date of the plan amendment, rather than by reference to the original date that the class was closed. (iii) In addition to other testing methodologies otherwise applicable, for purposes of determining compliance with this paragraph and with section 410(b) of one or more defined benefit plans described in clause (ii), such plans may be aggregated and tested on a benefits basis with the portion of one or more defined contribution plans that— (I) provides matching contributions (as defined in subsection (m)(4)(A)), or (II) consists of an employee stock ownership plan within the meaning of section 4975(e)(7) or a tax credit employee stock ownership plan within the meaning of section 409(a). For such purposes, matching contributions shall be treated in the same manner as employer contributions that are made without regard to whether an employee makes an elective contribution or employee contribution, including for purposes of applying the rules of subsection (l). (E) Rules The Secretary may prescribe rules designed to prevent abuse of the plan designs otherwise permitted by reason of subparagraphs (B) and (D). Such rules shall be directed towards abuses under which the defined benefit plan was established within a specified period prior to the date that— (i) the class of participants described in subparagraphs (B)(i)(II)(aa), (B)(ii)(II)(aa), and (D)(ii)(I) is closed, or (ii) the defined benefit plan accruals have been reduced or eliminated, in the case of the make-whole contributions described in subparagraph (C). (F) Transition rules Within one year after the date of enactment of the Retirement Plan Simplification and Enhancement Act of 2013, the Secretary shall prescribe rules that facilitate the use of the provisions of subparagraph (B) and (D) without regard to— (i) whether the closing of the class of participants referred to in such subparagraphs occurred before or after such date of enactment, or (ii) plan amendments that were adopted or effective before such date of enactment and that would not have been necessary if subparagraphs (B) and (D) had been in effect. . (b) Participation requirements Paragraph (26) of section 401(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (I) Protected participants A plan described in this subparagraph shall be deemed to satisfy the requirements of subparagraph (A). A plan is described in this paragraph if— (i) the plan is amended to— (I) cease all benefit accruals, or (II) provide future benefit accruals only to a closed class of participants, and (ii) the plan satisfies subparagraph (A) (without regard to this subparagraph) as of the effective date of the amendment. The Secretary may prescribe such rules as are necessary or appropriate to fulfill the purposes of this subparagraph, including prevention of abuse of this subparagraph in the case of plans established within a specific period prior to the effective date of the amendment. . (c) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act, without regard to whether any plan modifications referenced in such amendments are adopted or effective before, on, or after such date of enactment. 407. Review and report to the Congress relating to reporting and disclosure requirements (a) Study As soon as practicable after the date of the enactment of this Act, the Secretary of Labor, the Secretary of the Treasury, and the Pension Benefit Guaranty Corporation shall review the reporting and disclosure requirements of— (1) title I of the Employee Retirement Income Security Act of 1974 applicable to pension plans (as defined in section 3(2) of such Act), and (2) the Internal Revenue Code of 1986 applicable to qualified retirement plans (as defined in section 4974(c) of such Code without regard to paragraphs (4) and (5) thereof). (b) Report Not later than 18 months after the date of the enactment of this Act, the Secretary of Labor, the Secretary of the Treasury, and the Pension Benefit Guaranty Corporation, jointly, shall make such recommendations as may be appropriate to the appropriate committees of the Congress to consolidate, simplify, standardize, and improve the applicable reporting and disclosure requirements so as to simplify reporting for plans referenced to in subsection (a) and ensure that needed understandable information is provided to participants and beneficiaries of such plans. 408. Consolidation of defined contribution plan notices (a) In general (1) Not later than 18 months after the date of the enactment of this Act, the Secretary of Labor and the Secretary of the Treasury shall adopt final regulations providing that a plan may, but is not required to, consolidate two or more of the notices required under sections 404(c)(5)(B) and 514(e)(3) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1144(e)(3) ), sections 401(k)(12)(D), 401(k)(13)(E), and 414(w)(4) of the Internal Revenue Code of 1986, and section 2550.404a–5 of title 29, Code of Federal Regulations (29 C.F.R. 2550.404a–5) into a single notice or, to the extent provided by such regulations, consolidate such notices with the summary plan description or summary of material modifications described in section 104(b) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1024(b) ), so long as the combined notice, summary plan description or summary of material modifications includes the required content, clearly identifies the issues addressed therein, and is provided at the time and with the frequency required for each such notice. (2) The Secretary of Labor and the Secretary of the Treasury may include in such regulations rules to ensure that, to the extent such notices are consolidated with the summary plan description or summary of material modifications, the presentation, placement, or prominence of the information in such notices shall not have the effect of failing to inform participants and beneficiaries regarding the information in such notices. (b) Provision of annual notices without regard to plan year (1) Clause (i) of section 404(c)(5)(B) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104(c)(5)(B)) is amended— (A) in subclause (I) by striking within a reasonable period of time before each plan year, and inserting within a reasonable period before the arrangement described in subparagraph (A) applies to such participant or beneficiary, and thereafter at least once within any 12-month period (without regard to the plan year) during which such arrangement applies, , and (B) in subclause (II) by striking and before the beginning of the plan year . (2) Subparagraph (A) of section 514(e)(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1144(e)(3)(A)) is amended by striking , within a reasonable period before such plan year, provide to each participant to whom the arrangement applies for such plan year and inserting , within a reasonable period before the arrangement applies to a participant or beneficiary, and thereafter at least once within any 12-month period (without regard to the plan year) during which such arrangement applies, provide . (3) Clause (i) of section 401(k)(13)(E) of the Internal Revenue Code of 1986 is amended by striking , within a reasonable period before each plan year, each employee eligible to participate in the arrangement for such year receives and inserting each employee eligible to participate in the arrangement receives, within a reasonable period before the employee becomes eligible, and thereafter within a reasonable period before each plan year during which such arrangement applies, . (4) Subparagraph (D) of section 401(k)(12) of the Internal Revenue Code of 1986 is amended by striking , within a reasonable period before any year, given written notice and inserting given written notice, within a reasonable period before the employee becomes eligible, and thereafter within a reasonable period before each plan year during which such arrangement applies, . (5) Subparagraph (A) of section 414(w)(4) of the Internal Revenue Code of 1986 is amended by striking , within a reasonable period before each plan year, give to each employee to whom an arrangement described in paragraph (3) applies for such plan year and inserting , within a reasonable period before an arrangement described in paragraph (3) applies to an employee, and thereafter at least once within any 12-month period (without regard to the plan year) during which such arrangement applies, give to each such employee . 409. Performance benchmarks for asset allocation funds Not later than six months after the date of enactment of this Act, the Secretary of Labor shall modify the regulations under section 404 of the Employee Retirement Income Security Act of 1974 to provide that, in the case of a designated investment alternative that contains a mix of asset classes, a plan administrator may, but is not required to, use a benchmark that is a blend of different broad-based securities market indices if— (1) the blend is reasonably representative of the asset class holdings of the designated investment alternative; (2) for purposes of determining the blend’s returns for 1-, 5-, and 10-calendar year periods (or for the life of the alternative, if shorter), the blend is modified at least once per year to reflect changes in the asset class holdings of the designated investment alternative; and (3) each securities market index that is used for an associated asset class would separately satisfy the requirements of such regulations for such asset class. 410. Permit nonspousal beneficiaries to roll assets to plans (a) In general Section 402(c) is amended by adding at the end the following new paragraph: (12) Distributions to qualified plan of nonspouse beneficiary If, with respect to any portion of a distribution from an eligible retirement plan described in paragraph (8)(B)(iii) of a deceased employee, a direct trustee-to-trustee transfer is made to a plan or annuity described in clause (iii), (iv), (v), or (vi) of paragraph (8)(B) of an individual who is a designated beneficiary (as defined by section 401(a)(9)(E)) of the employee and who is not the surviving spouse of the employee— (A) the transfer shall be treated as an eligible rollover distribution, and (B) section 401(a)(9)(B) (other than clause (iv) thereof) shall apply to such plan. . (b) Effective date The amendment made by subsection (a) shall apply to distributions made after the date of the enactment of this Act. 411. Eliminate the “first day of the month” requirement (a) In general Paragraph (4) of section 457(b) is amended to read as follows: (4) which provides that compensation will be deferred only if an agreement providing for such deferral has been entered into before the compensation is currently available to the individual, . (b) Effective date The amendment made by this section shall apply to years beginning after the date of the enactment of this Act. V Provisions ensuring equity in divorce 501. Special rules relating to treatment of qualified domestic relations orders (a) Preservation of assets (1) Amendment of 1986 code Section 414(p) is amended by redesignating paragraph (13) as paragraph (14) and by inserting after paragraph (12) the following new paragraph: (13) Preservation of assets (A) In general If a spouse or former spouse of a participant notifies a plan in writing that— (i) an action is pending pursuant to a State domestic relations law (including a community property law), and (ii) all or a portion of the benefits payable with respect to the participant under the plan are a subject of such action, and includes with the notice evidence of the pendency of the action, the plan administrator shall, during the segregation period, separately account for 50 percent of such benefits. Any amounts so separately accounted for may not be distributed by the plan during the segregation period. (B) Segregation period For purposes of subparagraph (A), the term segregation period means the period— (i) beginning on the date of the receipt of the notice, and (ii) ending as of the close of the 90-day period beginning on such date (or, if earlier, the date of receipt of a domestic relations order with respect to the participant and the spouse or former spouse or the date the action is no longer pending). The segregation period shall be extended for 1 or more additional periods described in the preceding sentence upon notice by the spouse or former spouse that the action described in subparagraph (A) is still pending as of the close of any prior segregation period. . (2) Amendment of Employee Retirement Income Security Act of 1974 Section 206(d)(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1056(d)(3)) is amended by redesignating subparagraph (N) as subparagraph (O) and by inserting after subparagraph (M) the following new subparagraph: (N) Preservation of assets (i) In general If a spouse or former spouse of a participant notifies a plan in writing that— (I) an action is pending pursuant to a State domestic relations law (including a community property law), and (II) all or a portion of the benefits payable with respect to the participant under the plan are a subject of such action, and includes with the notice evidence of the pendency of the action, the plan administrator shall, during the segregation period, separately account for 50 percent of such benefits. Any amounts so separately accounted for may not be distributed by the plan during the segregation period. (ii) Segregation period For purposes of clause (i), the term segregation period means the period— (I) beginning on the date of the receipt of the notice, and (II) ending as of the close of the 90-day period beginning on such date (or, if earlier, the date of receipt of a domestic relations order with respect to the participant and the spouse or former spouse or the date the action is no longer pending). The segregation period shall be extended for 1 or more additional periods described in the preceding sentence upon notice by the spouse or former spouse that the action described in clause (i) is still pending as of the close of any prior segregation period. . (b) Penalty for failure To provide information regarding alternate payees Section 502(c) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1132(c) ) is amended by redesignating paragraphs (8) and (9) as paragraphs (9) and (10), respectively, and by inserting after paragraph (7) the following new paragraph: (8) Failure to provide information regarding alternate payees The Secretary may assess a civil penalty against any plan administrator of up to $100 a day from the date of the plan administrator's failure or refusal to provide the information the plan administrator is required to provide under regulations under this Act to prospective alternative payees under a domestic relations order under section 206(d)(3) or to the Secretary or any representative of a prospective alternative payee in connection with such an order. . (c) Allocation of plan expenses in complying with domestic relations orders (1) Amendment of 1986 code Section 414(p), as amended by subsection (a), is amended by redesignating paragraph (14) as paragraph (15) and by inserting after paragraph (13) the following new paragraph: (14) Allocation of expenses Any expenses incurred by a plan with respect to compliance with the requirements of this subsection shall not be allocated to an individual participant but rather shall be allocated among all participants on the basis of the relative value of each participant's share of the assets of the plan, on the basis of a flat amount per participant, or on any other reasonable basis provided for under the plan. . (2) Amendment of Employee Retirement Income Security Act of 1974 Section 206(d)(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1056(d)(3)), as amended by subsection (a), is amended by redesignating subparagraph (O) as subparagraph (P) and by inserting after subparagraph (N) the following new subparagraph: (O) Allocation of expenses Any expenses incurred by a plan with respect to compliance with the requirements of this paragraph shall not be allocated to an individual participant but rather shall be allocated among all participants on the basis of the relative value of each participant's share of the assets of the plan, on the basis of a flat amount per participant, or on any other reasonable basis provided for under the plan. . (d) Effective date The amendments made by this section shall apply to plan years beginning after December 31, 2013. 502. Elimination of current connection requirement under Railroad Retirement Act for certain survivors (a) In general Section 2(d)(1) of the Railroad Retirement Act of 1974 ( 45 U.S.C. 231a(d)(1) ), in the matter preceding paragraph (i), is amended by inserting , except with respect to survivors described in paragraph (i), (ii), or (v), after December 31, 1995) and . (b) Effective dates (1) In general The amendment made by subsection (a) shall take effect on the date of enactment of this Act. (2) Retroactive application to certain survivors If a survivor of a deceased employee would be entitled to an annuity by reason of the amendment made by subsection (a) but for the fact that the employee died before the date of the enactment of this Act, the survivor shall be entitled to such an annuity but only with respect to annuity payments for months beginning on or after such date. Appropriate adjustments shall be made in annuity payments of other individuals to reflect any annuity payable by reason of this paragraph. 503. Permitting divorced spouses and widows and widowers to remarry after turning 60 without a penalty under Railroad Retirement Act (a) In general (1) Divorced spouse Section 2(c)(4) of the Railroad Retirement Act of 1974 ( 45 U.S.C. 231a(c)(4) ) is amended by adding at the end the following new sentence: For purposes of paragraph (ii)(B), if a divorced wife marries after attaining age 60, such marriage shall be deemed not to have occurred. . (2) Widows and widowers Section 2(d)(1)(v) of the Railroad Retirement Act of 1974 ( 45 U.S.C. 231a(d)(1)(v) ) is amended by adding at the end the following new sentence: For purposes of this paragraph, if a widow marries after attaining age 60, such marriage shall be deemed not to have occurred. . (b) Effective dates (1) In general The amendments made by this section shall take effect on the date of enactment of this Act. (2) Retroactive application If a divorced wife, widow, or widower would be entitled to an annuity by reason of the amendments made by this section but for the fact the individual was married before the date of the enactment of this Act, the individual shall be entitled to such an annuity but only with respect to annuity payments for months beginning on or after such date. Appropriate adjustments shall be made in annuity payments of other individuals to reflect any annuity payable by reason of this paragraph. 504. Repeal of jurisdictional requirement for court to treat military retirement pay as property of the military member and spouse (a) In general Section 1408(c) of title 10, United States Code, is amended by striking paragraph (4). (b) Effective date The amendment made by this section shall apply to final decrees issued on or after the date of the enactment of this Act. 505. Modification of reductions in disposable retired pay for payments in compliance with court orders (a) In general Section 1408(d) of title 10, United States Code, is amended by adding at the end the following new paragraph: (8) Notwithstanding subsection (a)(4) or (e)(1), if the disposable retired pay of a member is reduced under subparagraph (B) of subsection (a)(4) as a result of a waiver required to receive compensation under title 38, or is reduced under subparagraph (C) of subsection (a)(4), the Secretary concerned shall pay (subject to any other limitation under this section) to the spouse or former spouse the lesser of— (A) the amount payable under the final court order from the disposable retired pay (determined without regard to such reductions), or (B) 100 percent of the disposable retired pay (determined after such reductions). . (b) Effective Date The amendment made by this section shall apply to payments of disposable retired pay attributable to periods beginning on or after the date of the enactment of this Act with respect to final court orders issued on, before, or after such date. 506. Survivor annuities for widows, widowers, and former spouses of federal employees who die before attaining age for deferred annuity under civil service retirement system (a) Definition Section 8341(a) of title 5, United States Code, is amended— (1) in paragraph (1), by striking employee or Member and inserting employee, Member, or annuitant, or of a former employee or Member, ; and (2) in paragraph (2), by striking employee or Member and inserting employee, Member, or annuitant, or of a former employee or Member, . (b) Benefits for widow, widower, or former spouse (1) In general Section 8341 of title 5, United States Code, is amended by adding at the end the following: (l) If a former employee heretofore or hereafter separated from the service with title to deferred annuity from the Fund hereafter dies before having established a valid claim for annuity and is survived by a widow or widower to whom married at the date of separation, the widow or widower— (1) is entitled to an annuity equal to 55 percent of the deferred annuity of the former employee commencing on the day after the former employee dies and terminating on the last day of the month before the widow or widower dies or remarries before becoming 55 years of age; or (2) may elect to receive the lump-sum credit instead of annuity if the widow or widower is the individual who would be entitled to the lump-sum credit and files application therefor with the Office before the award of the annuity. Notwithstanding the preceding sentence, an annuity payable under this subsection to the widow or widower of a former employee may not exceed the difference between— (A) the annuity which would otherwise be payable to such widow or widower under this subsection, and (B) the amount of the survivor annuity payable to any former spouse of such former employee under subsection (h) of this section. . (2) Technical and conforming amendments Section 8339(j) of title 5, United States Code, is amended— (A) in paragraph (3)(A)(ii), by striking and (h) and inserting (h), and (l) ; and (B) in paragraph (4), by striking and (h) and inserting (h), and (l) . (c) Benefits for former spouse Section 8341(h) of title 5, United States Code, is amended— (1) in paragraph (1), by adding after the first sentence Subject to paragraphs (2) through (5) of this subsection, a former spouse of a former employee who dies after having separated from the service with title to a deferred annuity under section 8338(a) but before having established a valid claim for annuity is entitled to a survivor annuity under this subsection, if and to the extent expressly provided for in an election under section 8339(j)(3) of this title, or in the terms of any decree of divorce or annulment or any court order or court-approved property settlement agreement incident to such decree. ; and (2) in paragraph (2)— (A) in subparagraph (A)(ii), by striking or annuitant, and inserting annuitant, or former employee ; and (B) in subparagraph (B)— (i) in clause (ii), by striking or at the end; (ii) in clause (iii), by striking the period and inserting ; or ; and (iii) by adding at the end the following: (iv) under subparagraph (A) of subsection (l) of this section in the case of a widow or widower, if the deceased was a former employee described in the first sentence of such subsection. . (d) Protection of survivor benefit rights Section 8339(j)(3) of title 5, United States Code, is amended by inserting at the end the following: The Office shall provide by regulation for the application of this subsection to the widow, widower, or surviving former spouse of a former employee who dies after having separated from the service with title to a deferred annuity under section 8338(a) but before having established a valid claim for annuity. . (e) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply only in the case of a former employee who dies on or after such date. 507. Court orders relating to Federal retirement benefits for former spouses of federal employees (a) Civil service retirement system Section 8345(j) of title 5, United States Code, is amended— (1) by redesignating paragraph (3) as paragraph (4); and (2) by inserting after paragraph (2) the following: (3) (A) A court decree, court order, property settlement, or similar process referred to under paragraph (1)(A) shall be treated as meeting the requirements of that paragraph if it requires that payment of benefits be made to the former spouse of the employee, Member, or annuitant— (i) in the case of any payment before the employee, Member, or annuitant has separated from service, on or after the date on which the employee, Member, or annuitant attains (or would have attained) the earliest retirement age, (ii) as if the employee, Member, or annuitant had retired on the date on which such payment is to begin under such order (but taking into account only the present value of the benefits actually accrued and not taking into account the present value of any employer subsidy for early retirement), and (iii) in any form in which such benefits may be paid under this chapter to the employee, Member, or annuitant (other than in the form of a joint and survivor annuity with respect to the former spouse and his or her subsequent spouse). For purposes of clause (ii), the interest rate assumption used in determining the present value shall be the interest rate specified under this subchapter or, if no rate is specified, 5 percent. (B) In this paragraph, the term earliest retirement age means the earlier of— (i) the date on which the employee, Member, or annuitant is entitled to a distribution under this subchapter, or (ii) the later of— (I) the date the employee, Member, or annuitant attains age 50, or (II) the earliest date on which the employee, Member, or annuitant could begin receiving benefits under this chapter if the employee, Member, or annuitant separated from service. . (b) Federal employees retirement system Section 8467 of title 5, United States Code, is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following: (c) (1) A court decree, court order, property settlement, or similar process referred to under subsection (a)(1) shall be treated as meeting the requirements of that subsection if it requires that payment of benefits be made to the former spouse of the employee, Member, or annuitant— (A) in the case of any payment before the employee, Member, or annuitant has separated from service, on or after the date on which the employee, Member, or annuitant attains (or would have attained) the earliest retirement age, (B) as if the employee, Member, or annuitant had retired on the date on which such payment is to begin under such order (but taking into account only the present value of the benefits actually accrued and not taking into account the present value of any employer subsidy for early retirement), and (C) in any form in which such benefits may be paid under this chapter to the employee, Member, or annuitant (other than in the form of a joint and survivor annuity with respect to the alternate payee and his or her subsequent spouse). For purposes of subparagraph (B), the interest rate assumption used in determining the present value shall be the interest rate specified under this chapter or, if no rate is specified, 5 percent. (2) In this subsection, the term earliest retirement age means the earlier of— (A) the date on which the employee, Member, or annuitant is entitled to a distribution under this chapter, or (B) the later of— (i) the date the employee, Member, or annuitant attains age 50, or (ii) the earliest date on which the employee, Member, or annuitant could begin receiving benefits under this chapter if the employee, Member, or annuitant separated from service. . (c) Effective date and application The amendments made by this section shall take effect on the date of the enactment of this Act and apply to any court decree, court order, property settlement, or similar process issued or approved before, on, or after that date. VI Office of Participant and Plan Sponsor Advocate 601. Office of Participant and Plan Sponsor Advocate (a) In general Section 7803 is amended by adding at the end the following: (e) Participant and plan sponsor advocate (1) In general There is established in the Internal Revenue Service an office to be known as the Office of the Participant and Plan Sponsor Advocate . (2) Participant and Plan Sponsor Advocate (A) In general The Office of the Participant and Plan Sponsor Advocate shall be under the supervision and direction of an official to be known as the Participant and Plan Sponsor Advocate . The Commissioner shall select the Participant and Plan Sponsor Advocate without regard to the provisions of title 5, United States Code, relating to appointments in the competitive service or Senior Executive Service. (B) Duties The Participant and Plan Sponsor Advocate shall— (i) act as a liaison between the Internal Revenue Service, sponsors of sponsors of qualified retirement plans (as defined in section 4974(c)), and participants in such plans; (ii) advocate for the full attainment of the rights of such plan sponsors and participants; (iii) assist pension plan sponsors and participants in resolving disputes with the Internal Revenue Service; (iv) identify areas in which participants and plan sponsors have persistent problems in dealings with the Internal Revenue Service; (v) to the extent possible, propose changes in the administrative practices of the Internal Revenue Service to mitigate problems; (vi) identify potential legislative changes which may be appropriate to mitigate problems; and (vii) refer instances of fraud, waste, and abuse, and violations of law to the Office of the Treasury Inspector General for Tax Administration. (C) Removal If the Participant and Plan Sponsor Advocate is removed from office or is transferred to another position or location within the Internal Revenue Service, the Commissioner shall communicate in writing the reasons for any such removal or transfer to Congress not less than 30 days before the removal or transfer. Nothing in this paragraph shall prohibit a personnel action otherwise authorized by law, other than transfer or removal. (D) Compensation The annual rate of basic pay for the Participant and Plan Sponsor Advocate shall be the same rate as the highest rate of basic pay established for the Senior Executive Service under section 5382 of title 5, United States Code, or, if the Commissioner so determines, at a rate fixed under section 9503 of such title. (3) Annual report (A) In general Not later than December 31 of each calendar year, the Participant and Plan Sponsor Advocate shall report to the Health, Education, Labor, and Pensions Committee of the Senate, the Committee on Finance of the Senate, the Committee on Education and the Workforce of the House of Representatives, and the Committee on Ways and Means of the House of Representatives on the activities of the Office of the Participant and Plan Sponsor Advocate during the fiscal year ending during such calendar year. (B) Content Each report submitted under subparagraph (A) shall— (i) summarize the assistance requests received from participants and plan sponsors and describe the activities, and evaluate the effectiveness, of the Participant and Plan Sponsor Advocate during the preceding year; (ii) identify significant problems the Participant and Plan Sponsor Advocate has identified; (iii) include specific legislative and regulatory changes to address the problems; and (iv) identify any actions taken to correct problems identified in any previous report. (C) Concurrent submission The Participant and Plan Sponsor Advocate shall submit a copy of each report to the Secretary of the Treasury, the Commissioner of Internal Revenue, and any other appropriate official at the same time such report is submitted to the committees of Congress under subparagraph (A). . (b) Effective date The amendment made by this section shall take effect on January 1, 2014. | https://www.govinfo.gov/content/pkg/BILLS-113hr2117ih/xml/BILLS-113hr2117ih.xml |
113-hr-2118 | I 113th CONGRESS 1st Session H. R. 2118 IN THE HOUSE OF REPRESENTATIVES May 22, 2013 Mr. Pascrell (for himself and Mr. Rooney ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To reduce sports-related concussions in youth, and for other purposes.
1. Short title This Act may be cited as the Youth Sports Concussion Act of 2013 . 2. Sense of Congress It is the sense of Congress that— (1) scientific advancements and a greater understanding of the issues that affect the health and safety of young athletes are key to reducing sports-related concussions in youth; (2) the National Academies should complete, and make available to the public, its report on sports-related concussions in youth not later than January 31, 2014; (3) the Consumer Product Safety Commission should review the National Academies’ report for any matter that may impact products under the Commission’s jurisdiction; (4) if protective equipment manufacturers choose to adopt voluntary consumer product safety standards based on the National Academies’ report and any related Consumer Product Safety Commission recommendations, the voluntary standards should include mechanisms to ensure substantial compliance by covered entities; and (5) the Federal Trade Commission should review the National Academies’ report for any matter that may inform efforts to protect consumers from unfair or deceptive practices in or affecting commerce. 3. The national academies’ report on sports-related concussions in youth (a) Review The Consumer Product Safety Commission— (1) shall review the National Academies’ report on sports-related concussion in youth not later than 5 months after the completion of such report; and (2) may make recommendations to protective equipment manufacturers regarding whether voluntary standards should be adopted— (A) to reduce the risk of sports-related injury for youth athletes wearing protective equipment; (B) to improve the safety of reconditioned protective equipment; and (C) to modify protective equipment warning labels. (b) Safety standards (1) Lead time for a voluntary standard If, not later than 1 year after the completion of the National Academies’ report, no voluntary standard is adopted based on the National Academies’ report and any related Consumer Product Safety Commission recommendations, the Consumer Product Safety Commission may initiate a proceeding to promulgate a consumer product safety rule in accordance with section 553 of title 5, United States Code. (2) Net effect A rule issued under this subsection must have the net effect of improving safety. (3) Conformity with existing law A rule issued under this subsection shall be considered a consumer product safety standard issued by the Commission under section 9 of the Consumer Product Safety Act ( 15 U.S.C. 2058 ). 4. False or misleading claims with respect to athletic sporting activity equipment (a) Unlawful activity It is unlawful for any person to sell, or offer for sale, in interstate commerce, or import into the United States for the purpose of selling or offering for sale, any item or equipment intended, designed, or offered for use by an individual engaged in any athletic sporting activity, whether professional or amateur, for which the seller or importer, or any person acting on behalf of the seller or importer, makes any false or misleading claim with respect to the safety benefits of such item. (b) Enforcement by federal trade commission (1) Unfair or deceptive acts or practices A violation of subsection (a) shall be treated as a violation of a rule under section 18 of the Federal Trade Commission Act ( 15 U.S.C. 57a ) regarding unfair or deceptive acts or practices. (2) Powers of federal trade commission (A) In general The Federal Trade Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this section. (B) Regulations Notwithstanding any other provision of law, the Federal Trade Commission may promulgate under section 553 of title 5, United States Code, such regulations as the Commission considers necessary or appropriate to carry out this section. (C) Privileges and immunities Any person who violates subsection (a) shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated and made part of this section. (D) Authority preserved Nothing in this section shall be construed to limit the authority of the Federal Trade Commission under any other provision of law. (c) Enforcement by states (1) In general Except as provided in paragraph (4), in any case in which the attorney general of a State has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by any person who violates subsection (a), the attorney general of the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate district court of the United States to obtain appropriate injunctive relief. (2) Rights of federal trade commission (A) Notice to federal trade commission (i) In general Except as provided in clause (iii), the attorney general of a State shall notify the Federal Trade Commission in writing that the attorney general intends to bring a civil action under paragraph (1) before initiating the civil action. (ii) Contents The notification required by clause (i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action. (iii) Exception If it is not feasible for the attorney general of a State to provide the notification required by clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Federal Trade Commission immediately upon instituting the civil action. (B) Intervention by federal trade commission The Federal Trade Commission may— (i) intervene in any civil action brought by the attorney general of a State under paragraph (1); and (ii) upon intervening— (I) be heard on all matters arising in the civil action; and (II) file petitions for appeal. (3) Investigatory powers Nothing in this subsection shall be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. (4) Preemptive action by federal trade commission If the Federal Trade Commission institutes a civil action or an administrative action with respect to a violation of subsection (a) or a rule promulgated under subsection (b)(2)(B) the attorney general of a State may not, during the pendency of that action, bring a civil action under paragraph (1) against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action. (5) Venue; service of process (A) Venue Any action brought under paragraph (1) may be brought in any district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code. (B) Service of process In an action brought under paragraph (1), process may be served in any district in which the defendant— (i) is an inhabitant; or (ii) may be found. (6) Actions by other state officials (A) In general In addition to a civil actions brought by attorneys general under paragraph (1), any other officer of a State who is authorized by the State to do so may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general. (B) Savings provision Nothing in this subsection may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State. | https://www.govinfo.gov/content/pkg/BILLS-113hr2118ih/xml/BILLS-113hr2118ih.xml |
113-hr-2119 | I 113th CONGRESS 1st Session H. R. 2119 IN THE HOUSE OF REPRESENTATIVES May 22, 2013 Mr. Ruiz 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 opportunity for veterans to use video conferencing for hearings before the Board of Veterans’ Appeals.
1. Short title This Act may be cited as the Veterans Access to Speedy Review Act . 2. Board of Veterans' Appeals video hearings Section 7107 of title 38, United States Code, is amended— (1) in subsection (d), by amending paragraph (1) to read as follows: (1) (A) Upon request for a hearing, the Board shall determine, for purposes of scheduling the hearing for the earliest possible date, whether a hearing before the Board will be held at its principal location or at a facility of the Department or other appropriate Federal facility located within the area served by a regional office of the Department. The Board shall also determine whether to provide a hearing through the use of the facilities and equipment described in subsection (e)(1) or by the appellant personally appearing before a Board member or panel. (B) The Board shall notify the appellant of the determinations of the location and type of hearing made under subparagraph (A). Upon notification, the appellant may request a different location or type of hearing as described in such subparagraph. If so requested, the Board may grant such request and, in doing so, shall ensure that the hearing is scheduled at the earliest possible date without any undue delay or other prejudice to the appellant. ; and (2) in subsection (e)(2), by striking the last sentence. | https://www.govinfo.gov/content/pkg/BILLS-113hr2119ih/xml/BILLS-113hr2119ih.xml |
113-hr-2120 | I 113th CONGRESS 1st Session H. R. 2120 IN THE HOUSE OF REPRESENTATIVES May 22, 2013 Mr. Schiff (for himself and Mr. Sherman ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To allow mandatory nighttime curfews at certain airports, and for other purposes.
1. Short title This Act may be cited as the Valley-Wide Noise Relief Act of 2013 . 2. Mandatory nighttime curfews (a) In general Notwithstanding any other provision of law, including any written assurances under section 47107 of title 49, United States Code, an airport sponsor may not be prohibited from, or interfered with, implementing any of the following: (1) A total mandatory nighttime curfew for an airport of the sponsor that is described in paragraph (1) of subsection (b). (2) A partial mandatory nighttime curfew for an airport of the sponsor that is described in paragraph (2) of subsection (b). (b) Covered airports (1) Paragraph (1) airports An airport described in this paragraph is an airport that— (A) had a voluntary curfew in effect for certain aircraft on November 5, 1990; and (B) was created by an intergovernmental agreement established pursuant to a State statute enacted before November 5, 1990, that, along with the statute, imposes obligations with respect to noise mitigation. (2) Paragraph (2) airports An airport described in this paragraph is an airport that— (A) had a partial curfew in effect prior to November 5, 1990; (B) operates under the supervision of a board of airport commissioners that, on January 1, 2010, oversaw operation of 3 or more airports, at least 2 of which have airport operating certificates pursuant to part 139 of title 14, Code of Federal Regulations; and (C) on January 1, 2010, failed to comply with a cumulative noise standard established by a State law for airports in that State. (c) Notice requirements (1) In general At least 90 days before implementing a curfew under subsection (a), an airport sponsor shall provide to airport users and other interested parties reasonable notice of— (A) the terms of the curfew; and (B) the penalties for violating the curfew. (2) Reasonable notice An airport sponsor shall be treated as satisfying the requirement of providing reasonable notice under paragraph (1) if the sponsor— (A) includes the terms of the curfew and penalties for violating the curfew on the Internet Web site of the sponsor for the applicable airport; and (B) provides the terms of the curfew and penalties for violating the curfew to tenants of the sponsor who operate aircraft at the airport, either at their leasehold or the address provided to the airport sponsor for the receipt of notices under their lease. (d) Definitions In this section, the following definitions apply: (1) Total mandatory nighttime curfew The term total mandatory nighttime curfew means a prohibition on all aircraft operations at an airport each night during the 9-hour period beginning at 10 p.m. (2) Partial mandatory nighttime curfew The term partial mandatory nighttime curfew means a prohibition on certain aircraft operations at an airport each night for not longer than the 9-hour period beginning at 10 p.m. | https://www.govinfo.gov/content/pkg/BILLS-113hr2120ih/xml/BILLS-113hr2120ih.xml |
113-hr-2121 | I 113th CONGRESS 1st Session H. R. 2121 IN THE HOUSE OF REPRESENTATIVES May 22, 2013 Ms. Speier (for herself and Mr. Kind ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Federal Crop Insurance Act to require annual disclosure of crop insurance premium subsidies in the public interest.
1. Short title This Act may be cited as the Crop Insurance Subsidy Transparency Act of 2013 . 2. Annual disclosure of crop insurance premium subsidies 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-113hr2121ih/xml/BILLS-113hr2121ih.xml |
113-hr-2122 | I 113th CONGRESS 1st Session H. R. 2122 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Goodlatte (for himself, Mr. Peterson , Mr. Smith of Texas , Mr. Owens , Mr. Coble , Mr. Schrader , and Mr. Bachus ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To reform the process by which Federal agencies analyze and formulate new regulations and guidance documents.
1. Short title This Act may be cited as the Regulatory Accountability Act of 2013 . 2. Definitions Section 551 of title 5, United States Code, is amended— (1) in paragraph (13), by striking and at the end; (2) in paragraph (14), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (15) major rule means any rule that the Administrator of the Office of Information and Regulatory Affairs determines is likely to impose— (A) an annual cost on the economy of $100,000,000 or more, adjusted annually for inflation; (B) a major increase in costs or prices for consumers, individual industries, Federal, State, local, or tribal government agencies, or geographic regions; (C) significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets; or (D) significant impacts on multiple sectors of the economy; (16) high-impact rule means any rule that the Administrator of the Office of Information and Regulatory Affairs determines is likely to impose an annual cost on the economy of $1,000,000,000 or more, adjusted annually for inflation; (17) guidance means an agency statement of general applicability and future effect, other than a regulatory action, that sets forth a policy on a statutory, regulatory or technical issue or an interpretation of a statutory or regulatory issue; (18) major guidance means guidance that the Administrator of the Office of Information and Regulatory Affairs finds is likely to lead to— (A) an annual cost on the economy of $100,000,000 or more, adjusted annually for inflation; (B) a major increase in costs or prices for consumers, individual industries, Federal, State, local or tribal government agencies, or geographic regions; (C) significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets; or (D) significant impacts on multiple sectors of the economy; (19) the Information Quality Act means section 515 of Public Law 106–554 , the Treasury and General Government Appropriations Act for Fiscal Year 2001, and guidelines issued by the Administrator of the Office of Information and Regulatory Affairs or other agencies pursuant to the Act; and (20) the Office of Information and Regulatory Affairs means the office established under section 3503 of chapter 35 of title 44 and any successor to that office. . 3. Rule making (a) Section 553(a) of title 5, United States Code, is amended by striking (a) This section applies and inserting (a) Applicability .—This section applies . (b) Section 553 of title 5, United States Code, is amended by striking subsections (b) through (e) and inserting the following: (b) Rule making considerations In a rule making, an agency shall make all preliminary and final factual determinations based on evidence and consider, in addition to other applicable considerations, the following: (1) The legal authority under which a rule may be proposed, including whether a rule making is required by statute, and if so, whether by a specific date, or whether the agency has discretion to commence a rule making. (2) Other statutory considerations applicable to whether the agency can or should propose a rule or undertake other agency action. (3) The specific nature and significance of the problem the agency may address with a rule (including the degree and nature of risks the problem poses and the priority of addressing those risks compared to other matters or activities within the agency’s jurisdiction), whether the problem warrants new agency action, and the countervailing risks that may be posed by alternatives for new agency action. (4) Whether existing rules have created or contributed to the problem the agency may address with a rule and whether those rules could be amended or rescinded to address the problem in whole or part. (5) Any reasonable alternatives for a new rule or other response identified by the agency or interested persons, including not only responses that mandate particular conduct or manners of compliance, but also— (A) the alternative of no Federal response; (B) amending or rescinding existing rules; (C) potential regional, State, local, or tribal regulatory action or other responses that could be taken in lieu of agency action; and (D) potential responses that— (i) specify performance objectives rather than conduct or manners of compliance; (ii) establish economic incentives to encourage desired behavior; (iii) provide information upon which choices can be made by the public; or (iv) incorporate other innovative alternatives rather than agency actions that specify conduct or manners of compliance. (6) Notwithstanding any other provision of law— (A) the potential costs and benefits associated with potential alternative rules and other responses considered under section 553(b)(5), including direct, indirect, and cumulative costs and benefits and estimated impacts on jobs (including an estimate of the net gain or loss in domestic jobs), economic growth, innovation, and economic competitiveness; (B) means to increase the cost-effectiveness of any Federal response; and (C) incentives for innovation, consistency, predictability, lower costs of enforcement and compliance (to government entities, regulated entities, and the public), and flexibility. (c) Advance notice of proposed rule making for major rules, high-Impact rules, and rules involving novel legal or policy issues In the case of a rule making for a major rule or high-impact rule or a rule that involves a novel legal or policy issue arising out of statutory mandates, not later than 90 days before a notice of proposed rule making is published in the Federal Register, an agency shall publish advance notice of proposed rule making in the Federal Register. In publishing such advance notice, the agency shall— (1) include a written statement identifying, at a minimum— (A) the nature and significance of the problem the agency may address with a rule, including data and other evidence and information on which the agency expects to rely for the proposed rule; (B) the legal authority under which a rule may be proposed, including whether a rule making is required by statute, and if so, whether by a specific date, or whether the agency has discretion to commence a rule making; (C) preliminary information available to the agency concerning the other considerations specified in subsection (b); and (D) in the case of a rule that involves a novel legal or policy issue arising out of statutory mandates, the nature of and potential reasons to adopt the novel legal or policy position upon which the agency may base a proposed rule; (2) solicit written data, views or argument from interested persons concerning the information and issues addressed in the advance notice; and (3) provide for a period of not fewer than 60 days for interested persons to submit such written data, views, or argument to the agency. (d) Notices of proposed rule making; determinations of other agency course (1) Before it determines to propose a rule, and following completion of procedures under subsection (c), if applicable, the agency shall consult with the Administrator of the Office of Information and Regulatory Affairs. If the agency thereafter determines to propose a rule, the agency shall publish a notice of proposed rule making, which shall include— (A) a statement of the time, place, and nature of public rule making proceedings; (B) reference to the legal authority under which the rule is proposed; (C) the terms of the proposed rule; (D) a description of information known to the agency on the subject and issues of the proposed rule, including but not limited to— (i) a summary of information known to the agency concerning the considerations specified in subsection (b); (ii) a summary of additional information the agency provided to and obtained from interested persons under subsection (c); (iii) a summary of any preliminary risk assessment or regulatory impact analysis performed by the agency; and (iv) information specifically identifying all data, studies, models, and other evidence or information considered or used by the agency in connection with its determination to propose the rule; (E) (i) a reasoned preliminary determination of need for the rule based on the information described under subparagraph (D); and (ii) an additional statement of whether a rule is required by statute; (F) a reasoned preliminary determination that the benefits of the proposed rule meet the relevant statutory objectives and justify the costs of the proposed rule (including all costs to be considered under subsection (b)(6)), based on the information described under subparagraph (D); (G) a discussion of— (i) the alternatives to the proposed rule, and other alternative responses, considered by the agency under subsection (b); (ii) the costs and benefits of those alternatives (including all costs to be considered under subsection (b)(6)); (iii) whether those alternatives meet relevant statutory objectives; and (iv) why the agency did not propose any of those alternatives; and (H) (i) a statement of whether existing rules have created or contributed to the problem the agency seeks to address with the proposed rule; and (ii) if so, whether or not the agency proposes to amend or rescind any such rules, and why. All information provided to or considered by the agency, and steps to obtain information by the agency, in connection with its determination to propose the rule, including any preliminary risk assessment or regulatory impact analysis prepared by the agency and all other information prepared or described by the agency under subparagraph (D) and, at the discretion of the President or the Administrator of the Office of Information and Regulatory Affairs, information provided by that Office in consultations with the agency, shall be placed in the docket for the proposed rule and made accessible to the public by electronic means and otherwise for the public’s use when the notice of proposed rule making is published. (2) (A) If the agency undertakes procedures under subsection (c) and determines thereafter not to propose a rule, the agency shall, following consultation with the Office of Information and Regulatory Affairs, publish a notice of determination of other agency course. A notice of determination of other agency course shall include information required by paragraph (1)(D) to be included in a notice of proposed rule making and a description of the alternative response the agency determined to adopt. (B) If in its determination of other agency course the agency makes a determination to amend or rescind an existing rule, the agency need not undertake additional proceedings under subsection (c) before it publishes a notice of proposed rule making to amend or rescind the existing rule. All information provided to or considered by the agency, and steps to obtain information by the agency, in connection with its determination of other agency course, including but not limited to any preliminary risk assessment or regulatory impact analysis prepared by the agency and all other information that would be required to be prepared or described by the agency under paragraph (1)(D) if the agency had determined to publish a notice of proposed rule making and, at the discretion of the President or the Administrator of the Office of Information and Regulatory Affairs, information provided by that Office in consultations with the agency, shall be placed in the docket for the determination and made accessible to the public by electronic means and otherwise for the public’s use when the notice of determination is published. (3) After notice of proposed rule making required by this section, the agency shall provide interested persons an opportunity to participate in the rule making through submission of written data, views, or arguments with or without opportunity for oral presentation, except that— (A) if a hearing is required under paragraph (4)(B) or subsection (e), opportunity for oral presentation shall be provided pursuant to that requirement; or (B) when other than under subsection (e) of this section rules are required by statute or at the discretion of the agency to be made on the record after opportunity for an agency hearing, sections 556 and 557 shall apply, and paragraph (4), the requirements of subsection (e) to receive comment outside of the procedures of sections 556 and 557, and the petition procedures of subsection (e)(6) shall not apply. The agency shall provide not fewer than 60 days for interested persons to submit written data, views, or argument (or 120 days in the case of a proposed major or high-impact rule). (4) (A) Within 30 days of publication of notice of proposed rule making, a member of the public may petition for a hearing in accordance with section 556 to determine whether any evidence or other information upon which the agency bases the proposed rule fails to comply with the Information Quality Act. (B) (i) The agency may, upon review of the petition, determine without further process to exclude from the rule making the evidence or other information that is the subject of the petition and, if appropriate, withdraw the proposed rule. The agency shall promptly publish any such determination. (ii) If the agency does not resolve the petition under the procedures of clause (i), it shall grant any such petition that presents a prima facie case that evidence or other information upon which the agency bases the proposed rule fails to comply with the Information Quality Act, hold the requested hearing not later than 30 days after receipt of the petition, provide a reasonable opportunity for cross-examination at the hearing, and decide the issues presented by the petition not later than 60 days after receipt of the petition. The agency may deny any petition that it determines does not present such a prima facie case. (C) There shall be no judicial review of the agency’s disposition of issues considered and decided or determined under subparagraph (B)(ii) until judicial review of the agency’s final action. There shall be no judicial review of an agency’s determination to withdraw a proposed rule under subparagraph (B)(i) on the basis of the petition. (D) Failure to petition for a hearing under this paragraph shall not preclude judicial review of any claim based on the Information Quality Act under chapter 7 of this title. (e) Hearings for high-Impact rules Following notice of a proposed rule making, receipt of comments on the proposed rule, and any hearing held under subsection (d)(4), and before adoption of any high-impact rule, the agency shall hold a hearing in accordance with sections 556 and 557, unless such hearing is waived by all participants in the rule making other than the agency. The agency shall provide a reasonable opportunity for cross-examination at such hearing. The hearing shall be limited to the following issues of fact, except that participants at the hearing other than the agency may waive determination of any such issue: (1) Whether the agency’s asserted factual predicate for the rule is supported by the evidence. (2) Whether there is an alternative to the proposed rule that would achieve the relevant statutory objectives at a lower cost (including all costs to be considered under subsection (b)(6)) than the proposed rule. (3) If there is more than one alternative to the proposed rule that would achieve the relevant statutory objectives at a lower cost than the proposed rule, which alternative would achieve the relevant statutory objectives at the lowest cost. (4) Whether, if the agency proposes to adopt a rule that is more costly than the least costly alternative that would achieve the relevant statutory objectives (including all costs to be considered under subsection (b)(6)), the additional benefits of the more costly rule exceed the additional costs of the more costly rule. (5) Whether the evidence and other information upon which the agency bases the proposed rule meets the requirements of the Information Quality Act. (6) Upon petition by an interested person who has participated in the rule making, other issues relevant to the rule making, unless the agency determines that consideration of the issues at the hearing would not advance consideration of the rule or would, in light of the nature of the need for agency action, unreasonably delay completion of the rule making. An agency shall grant or deny a petition under this paragraph within 30 days of its receipt of the petition. No later than 45 days before any hearing held under this subsection or sections 556 and 557, the agency shall publish in the Federal Register a notice specifying the proposed rule to be considered at such hearing, the issues to be considered at the hearing, and the time and place for such hearing, except that such notice may be issued not later than 15 days before a hearing held under subsection (d)(4)(B). (f) Final rules (1) The agency shall adopt a rule only following consultation with the Administrator of the Office of Information and Regulatory Affairs to facilitate compliance with applicable rule making requirements. (2) The agency shall adopt a rule only on the basis of the best reasonably obtainable scientific, technical, economic, and other evidence and information concerning the need for, consequences of, and alternatives to the rule. (3) (A) Except as provided in subparagraph (B), the agency shall adopt the least costly rule considered during the rule making (including all costs to be considered under subsection (b)(6)) that meets relevant statutory objectives. (B) The agency may adopt a rule that is more costly than the least costly alternative that would achieve the relevant statutory objectives only if the additional benefits of the more costly rule justify its additional costs and only if the agency explains its reason for doing so based on interests of public health, safety or welfare that are clearly within the scope of the statutory provision authorizing the rule. (4) When it adopts a final rule, the agency shall publish a notice of final rule making. The notice shall include— (A) a concise, general statement of the rule’s basis and purpose; (B) the agency’s reasoned final determination of need for a rule to address the problem the agency seeks to address with the rule, including a statement of whether a rule is required by statute and a summary of any final risk assessment or regulatory impact analysis prepared by the agency; (C) the agency’s reasoned final determination that the benefits of the rule meet the relevant statutory objectives and justify the rule’s costs (including all costs to be considered under subsection (b)(6)); (D) the agency’s reasoned final determination not to adopt any of the alternatives to the proposed rule considered by the agency during the rule making, including— (i) the agency’s reasoned final determination that no alternative considered achieved the relevant statutory objectives with lower costs (including all costs to be considered under subsection (b)(6)) than the rule; or (ii) the agency’s reasoned determination that its adoption of a more costly rule complies with subsection (f)(3)(B); (E) the agency’s reasoned final determination— (i) that existing rules have not created or contributed to the problem the agency seeks to address with the rule; or (ii) that existing rules have created or contributed to the problem the agency seeks to address with the rule, and, if so— (I) why amendment or rescission of such existing rules is not alone sufficient to respond to the problem; and (II) whether and how the agency intends to amend or rescind the existing rule separate from adoption of the rule; (F) the agency’s reasoned final determination that the evidence and other information upon which the agency bases the rule complies with the Information Quality Act; and (G) (i) for any major rule or high-impact rule, the agency’s plan for review of the rule no less than every ten years to determine whether, based upon evidence, there remains a need for the rule, whether the rule is in fact achieving statutory objectives, whether the rule’s benefits continue to justify its costs, and whether the rule can be modified or rescinded to reduce costs while continuing to achieve statutory objectives; and (ii) review of a rule under a plan required by clause (i) of this subparagraph shall take into account the factors and criteria set forth in subsections (b) through (f) of section 553 of this title. All information considered by the agency in connection with its adoption of the rule, and, at the discretion of the President or the Administrator of the Office of Information and Regulatory Affairs, information provided by that Office in consultations with the agency, shall be placed in the docket for the rule and made accessible to the public for the public’s use no later than when the rule is adopted. (g) Exceptions from notice and hearing requirements (1) Except when notice or hearing is required by statute, the following do not apply to interpretive rules, general statements of policy, or rules of agency organization, procedure, or practice: (A) Subsections (c) through (e). (B) Paragraphs (1) through (3) of subsection (f). (C) Subparagraphs (B) through (H) of subsection (f)(4). (2) (A) When the agency for good cause, based upon evidence, finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that compliance with subsection (c), (d), or (e) or requirements to render final determinations under subsection (f) of this section before the issuance of an interim rule is impracticable or contrary to the public interest, including interests of national security, such subsections or requirements to render final determinations shall not apply to the agency’s adoption of an interim rule. (B) If, following compliance with subparagraph (A) of this paragraph, the agency adopts an interim rule, it shall commence proceedings that comply fully with subsections (d) through (f) of this section immediately upon publication of the interim rule, shall treat the publication of the interim rule as publication of a notice of proposed rule making and shall not be required to issue supplemental notice other than to complete full compliance with subsection (d). No less than 270 days from publication of the interim rule (or 18 months in the case of a major rule or high-impact rule), the agency shall complete rule making under subsections (d) through (f) of this subsection and take final action to adopt a final rule or rescind the interim rule. If the agency fails to take timely final action, the interim rule will cease to have the effect of law. (C) Other than in cases involving interests of national security, upon the agency’s publication of an interim rule without compliance with subsections (c), (d), or (e) or requirements to render final determinations under subsection (f) of this section, an interested party may seek immediate judicial review under chapter 7 of this title of the agency’s determination to adopt such interim rule. The record on such review shall include all documents and information considered by the agency and any additional information presented by a party that the court determines necessary to consider to assure justice. (3) When the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are unnecessary, including because agency rule making is undertaken only to correct a de minimis technical or clerical error in a previously issued rule or for other noncontroversial purposes, the agency may publish a rule without compliance with subsections (c), (d), (e), or (f)(1)–(3) and (f)(4)(B)–(F). If the agency receives significant adverse comment within 60 days after publication of the rule, it shall treat the notice of the rule as a notice of proposed rule making and complete rule making in compliance with subsections (d) and (f). (h) Additional requirements for hearings When a hearing is required under subsection (e) or is otherwise required by statute or at the agency’s discretion before adoption of a rule, the agency shall comply with the requirements of sections 556 and 557 in addition to the requirements of subsection (f) in adopting the rule and in providing notice of the rule’s adoption. (i) Date of publication of rule The required publication or service of a substantive final or interim rule shall be made not less than 30 days before the effective date of the rule, except— (1) a substantive rule which grants or recognizes an exemption or relieves a restriction; (2) interpretive rules and statements of policy; or (3) as otherwise provided by the agency for good cause found and published with the rule. (j) Right To petition Each agency shall give an interested person the right to petition for the issuance, amendment, or repeal of a rule. (k) Rule making guidelines (1) (A) The Administrator of the Office of Information and Regulatory Affairs shall establish guidelines for the assessment, including quantitative and qualitative assessment, of the costs and benefits of proposed and final rules and other economic issues or issues related to risk that are relevant to rule making under this title. The rigor of cost-benefit analysis required by such guidelines shall be commensurate, in the Administrator’s determination, with the economic impact of the rule. (B) To ensure that agencies use the best available techniques to quantify and evaluate anticipated present and future benefits, costs, other economic issues, and risks as accurately as possible, the Administrator of the Office of Information and Regulatory Affairs shall regularly update guidelines established under paragraph (1)(A) of this subsection. (2) The Administrator of the Office of Information and Regulatory Affairs shall also issue guidelines to promote coordination, simplification and harmonization of agency rules during the rule making process and otherwise. Such guidelines shall assure that each agency avoids regulations that are inconsistent or incompatible with, or duplicative of, its other regulations and those of other Federal agencies and drafts its regulations to be simple and easy to understand, with the goal of minimizing the potential for uncertainty and litigation arising from such uncertainty. (3) To ensure consistency in Federal rule making, the Administrator of the Office of Information and Regulatory Affairs shall— (A) issue guidelines and otherwise take action to ensure that rule makings conducted in whole or in part under procedures specified in provisions of law other than those of subchapter II of this title conform to the fullest extent allowed by law with the procedures set forth in section 553 of this title; and (B) issue guidelines for the conduct of hearings under subsections 553(d)(4) and 553(e) of this section, including to assure a reasonable opportunity for cross-examination. Each agency shall adopt regulations for the conduct of hearings consistent with the guidelines issued under this subparagraph. (4) The Administrator of the Office of Information and Regulatory Affairs shall issue guidelines pursuant to the Information Quality Act to apply in rule making proceedings under sections 553, 556, and 557 of this title. In all cases, such guidelines, and the Administrator’s specific determinations regarding agency compliance with such guidelines, shall be entitled to judicial deference. (l) Inclusion in the record of certain documents and information The agency shall include in the record for a rule making, and shall make available by electronic means and otherwise, all documents and information prepared or considered by the agency during the proceeding, including, at the discretion of the President or the Administrator of the Office of Information and Regulatory Affairs, documents and information communicated by that Office during consultation with the Agency. (m) Monetary policy exemption Nothing in subsection (b)(6), subparagraphs (F) and (G) of subsection (d)(1), subsection (e), subsection (f)(3), and subparagraphs (C) and (D) of subsection (f)(5) shall apply to rule makings that concern monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee. . 4. Agency guidance; procedures to issue major guidance; presidential authority to issue guidelines for issuance of guidance (a) In general Chapter 5 of title 5, United States Code, is amended by inserting after section 553 the following new section: 553a. Agency guidance; procedures to issue major guidance; authority to issue guidelines for issuance of guidance (a) Before issuing any major guidance, or guidance that involves a novel legal or policy issue arising out of statutory mandates, an agency shall— (1) make and document a reasoned determination that— (A) assures that such guidance is understandable and complies with relevant statutory objectives and regulatory provisions (including any statutory deadlines for agency action); (B) summarizes the evidence and data on which the agency will base the guidance; (C) identifies the costs and benefits (including all costs to be considered during a rule making under section 553(b) of this title) of conduct conforming to such guidance and assures that such benefits justify such costs; and (D) describes alternatives to such guidance and their costs and benefits (including all costs to be considered during a rule making under section 553(b) of this title) and explains why the agency rejected those alternatives; and (2) confer with the Administrator of the Office of Information and Regulatory Affairs on the issuance of such guidance to assure that the guidance is reasonable, understandable, consistent with relevant statutory and regulatory provisions and requirements or practices of other agencies, does not produce costs that are unjustified by the guidance’s benefits, and is otherwise appropriate. Upon issuing major guidance, or guidance that involves a novel legal or policy issue arising out of statutory mandates, the agency shall publish the documentation required by subparagraph (1) by electronic means and otherwise. (b) Agency guidance— (1) is not legally binding and may not be relied upon by an agency as legal grounds for agency action; (2) shall state in a plain, prominent and permanent manner that it is not legally binding; and (3) shall, at the time it is issued or upon request, be made available by the issuing agency to interested persons and the public by electronic means and otherwise. Agencies shall avoid the issuance of guidance that is inconsistent or incompatible with, or duplicative of, the agency’s governing statutes or regulations, with the goal of minimizing the potential for uncertainty and litigation arising from such uncertainty. (c) The Administrator of the Office of Information and Regulatory Affairs shall have authority to issue guidelines for use by the agencies in the issuance of major guidance and other guidance. Such guidelines shall assure that each agency avoids issuing guidance documents that are inconsistent or incompatible with, or duplicative of, the law, its other regulations, or the regulations of other Federal agencies and drafts its guidance documents to be simple and easy to understand, with the goal of minimizing the potential for uncertainty and litigation arising from such uncertainty. . (b) Clerical amendment The table of sections for chapter 5 of title 5, United States Code, is amended by inserting after the item relating to section 553 the following new item: 553a. Agency guidance; procedures to issue major guidance; authority to issue guidelines for issuance of guidance. . 5. Hearings; presiding employees; powers and duties; burden of proof; evidence; record as basis of decision Section 556 of title 5, United States Code, is amended by striking subsection (e) and inserting the following: (e) (1) The transcript of testimony and exhibits, together with all papers and requests filed in the proceeding, constitutes the exclusive record for decision in accordance with section 557 and shall be made available to the parties and the public by electronic means and, upon payment of lawfully prescribed costs, otherwise. When an agency decision rests on official notice of a material fact not appearing in the evidence in the record, a party is entitled, on timely request, to an opportunity to show the contrary. (2) Notwithstanding paragraph (1) of this subsection, in a proceeding held under this section pursuant to section 553(d)(4) or 553(e), the record for decision shall also include any information that is part of the record of proceedings under section 553. (f) When an agency conducts rule making under this section and section 557 directly after concluding proceedings upon an advance notice of proposed rule making under section 553(c), the matters to be considered and determinations to be made shall include, among other relevant matters and determinations, the matters and determinations described in subsections (b) and (f) of section 553. (g) Upon receipt of a petition for a hearing under this section, the agency shall grant the petition in the case of any major rule, unless the agency reasonably determines that a hearing would not advance consideration of the rule or would, in light of the need for agency action, unreasonably delay completion of the rule making. The agency shall publish its decision to grant or deny the petition when it renders the decision, including an explanation of the grounds for decision. The information contained in the petition shall in all cases be included in the administrative record. This subsection shall not apply to rule makings that concern monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee. . 6. Actions reviewable Section 704 of title 5, United States Code, is amended— (1) by striking Agency action made and inserting (a) Agency action made ; and (2) by adding at the end the following: “Denial by an agency of a correction request or, where administrative appeal is provided for, denial of an appeal, under an administrative mechanism described in subsection (b)(2)(B) of the Information Quality Act, or the failure of an agency within 90 days to grant or deny such request or appeal, shall be final action for purposes of this section. (b) Other than in cases involving interests of national security, notwithstanding subsection (a) of this section, upon the agency’s publication of an interim rule without compliance with section 553(c), (d), or (e) or requirements to render final determinations under subsection (f) of section 553, an interested party may seek immediate judicial review under this chapter of the agency’s determination to adopt such rule on an interim basis. Review shall be limited to whether the agency abused its discretion to adopt the interim rule without compliance with section 553(c), (d), or (e) or without rendering final determinations under subsection (f) of section 553. . 7. Scope of review Section 706 of title 5, United States Code is amended— (1) by striking To the extent necessary and inserting (a) To the extent necessary ; (2) in paragraph (2)(A) of subsection (a) (as designated by paragraph (1) of this section), by inserting after in accordance with law the following: (including the Information Quality Act) ; and (3) by adding at the end the following: (b) The court shall not defer to the agency’s— (1) interpretation of an agency rule if the agency did not comply with the procedures of section 553 or sections 556–557 of chapter 5 of this title to issue the interpretation; (2) determination of the costs and benefits or other economic or risk assessment of the action, if the agency failed to conform to guidelines on such determinations and assessments established by the Administrator of the Office of Information and Regulatory Affairs under section 553(k); (3) determinations made in the adoption of an interim rule; or (4) guidance. (c) The court shall review agency denials of petitions under section 553(e)(6) or any other petition for a hearing under sections 556 and 557 for abuse of agency discretion. . 8. Added definition Section 701(b) of title 5, United States Code, is amended— (1) in paragraph (1), by striking and at the end; (2) in paragraph (2), by striking the period at the end, and inserting ; and ; and (3) by adding at the end the following: (3) substantial evidence means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion in light of the record considered as a whole, taking into account whatever in the record fairly detracts from the weight of the evidence relied upon by the agency to support its decision. . 9. Effective date The amendments made by this Act to— (1) sections 553, 556, and 704 of title 5, United States Code; (2) subsection (b) of section 701 of such title; (3) paragraphs (2) and (3) of section 706(b) of such title; and (4) subsection (c) of section 706 of such title, shall not apply to any rule makings pending or completed on the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr2122ih/xml/BILLS-113hr2122ih.xml |
113-hr-2123 | I 113th CONGRESS 1st Session H. R. 2123 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Thompson of Pennsylvania (for himself and Mr. Pallone ) 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 extend the Medicaid rules regarding supplemental needs trusts for Medicaid beneficiaries to trusts established by those beneficiaries.
1. Short title This Act may be cited as the Special Needs Trust Fairness Act of 2013 . 2. Fairness in Medicaid supplemental needs trusts (a) In general Section 1917(d)(4)(A) of the Social Security Act ( 42 U.S.C. 1396p(d)(4)(A) ) is amended by inserting the individual, after for the benefit of such individual by . (b) Effective date The amendment made by subsection (a) shall apply to trusts established on or after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr2123ih/xml/BILLS-113hr2123ih.xml |
113-hr-2124 | I 113th CONGRESS 1st Session H. R. 2124 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Barrow of Georgia introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committees on Homeland Security , Ways and Means , Armed Services , and Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Immigration and Nationality Act to improve worksite enforcement, prevent crime, and gain operational control of the borders, and for other purposes.
1. Short title (a) Short title This Act may be cited as the Keeping the Promise of IRCA Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Title I—Worksite Enforcement That Works Sec. 101. Employment eligibility verification process. Sec. 102. Employment eligibility verification system. Sec. 103. Recruitment, referral, and continuation of employment. Sec. 104. Good faith defense. Sec. 105. Repeal. Sec. 106. Penalties. Title II—Crime Prevention and Penalties Sec. 201. Establishment of electronic birth and death registration systems. Sec. 202. Enhanced penalties for document fraud. Sec. 203. Alien smuggling and terrorism prevention. Sec. 204. Eligibility for State criminal alien assistance program funding. Sec. 205. ICE immigration enforcement agents. Sec. 206. ICE detention enforcement officers. Sec. 207. Additional ICE deportation officers and support staff. Sec. 208. Assisting gang and drug task forces. Sec. 209. Protecting communities. Sec. 210. Protecting public safety and removing criminal aliens. Sec. 211. Pilot program for electronic field processing. Sec. 212. Restricting visas for countries that refuse to repatriate their nationals. Sec. 213. Additional ICE detention space. Sec. 214. Additional immigration judgeships and law clerks. Sec. 215. Additional ICE prosecutors. Sec. 216. Ensuring the safety of ICE officers and agents. Sec. 217. ICE Advisory Council. Title III—Gaining Operational Control of America’s Borders Sec. 301. Automated entry-exit control system. Sec. 302. Measuring border security. Sec. 303. National strategy to achieve operational control of America’s borders. Sec. 304. Improving border technology. Sec. 305. Ensuring the safety of border patrol agents. I Worksite Enforcement That Works 101. Employment eligibility verification process (a) In general Section 274A(b) of the Immigration and Nationality Act (8 U.S.C. 1324a(b)) is amended to read as follows: (b) Employment eligibility verification process (1) New hires, recruitment, and referral The requirements referred to in paragraphs (1)(B) and (3) of subsection (a) are, in the case of a person or other entity hiring, recruiting, or referring an individual for employment in the United States, the following: (A) Attestation after examination of documentation (i) Attestation On the date of hire (as defined in subsection (h)(4)), the person or entity shall attest, under penalty of perjury and on a form, including electronic and telephonic formats, designated or established by the Secretary by regulation not later than 6 months after the date of the enactment of the Keeping the Promise of IRCA Act , that it has verified that the individual is not an unauthorized alien by— (I) obtaining from the individual the individual’s social security account number and recording the number on the form (if the individual claims to have been issued such a number), and, if the individual does not attest to United States nationality under subparagraph (B), obtaining such identification or authorization number established by the Department of Homeland Security for the alien as the Secretary of Homeland Security may specify, and recording such number on the form; and (II) examining— (aa) a document relating to the individual presenting it described in clause (ii); or (bb) a document relating to the individual presenting it described in clause (iii) and a document relating to the individual presenting it described in clause (iv). (ii) Documents evidencing employment authorization and establishing identity A document described in this subparagraph is an individual’s— (I) unexpired United States passport or passport card; (II) unexpired permanent resident card that contains a photograph; (III) unexpired employment authorization card that contains a photograph; (IV) in the case of a nonimmigrant alien authorized to work for a specific employer incident to status, a foreign passport with Form I–94 or Form I–94A, or other documentation as designated by the Secretary specifying the alien’s nonimmigrant status as long as the period of status has not yet expired and the proposed employment is not in conflict with any restrictions or limitations identified in the documentation; (V) passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with Form I–94 or Form I–94A, or other documentation as designated by the Secretary, indicating nonimmigrant admission under the Compact of Free Association Between the United States and the FSM or RMI; or (VI) other document designated by the Secretary of Homeland Security, if the document— (aa) contains a photograph of the individual and biometric identification data from the individual and such other personal identifying information relating to the individual as the Secretary of Homeland Security finds, by regulation, sufficient for purposes of this clause; (bb) is evidence of authorization of employment in the United States; and (cc) contains security features to make it resistant to tampering, counterfeiting, and fraudulent use. (iii) Documents evidencing employment authorization A document described in this subparagraph is an individual's social security account number card (other than such a card which specifies on the face that the issuance of the card does not authorize employment in the United States). (iv) Documents establishing identity of individual A document described in this subparagraph is— (I) an individual's unexpired State issued driver’s license or identification card if it contains a photograph and information such as name, date of birth, gender, height, eye color, and address; (II) an individual’s unexpired U.S. military identification card; (III) an individual's unexpired Native American tribal identification document issued by a tribal entity recognized by the Bureau of Indian Affairs; or (IV) in the case of an individual under 18 years of age, a parent or legal guardian’s attestation under penalty of law as to the identity and age of the individual. (v) Authority to prohibit use of certain documents If the Secretary of Homeland Security finds, by regulation, that any document described in clause (i), (ii), or (iii) as establishing employment authorization or identity does not reliably establish such authorization or identity or is being used fraudulently to an unacceptable degree, the Secretary may prohibit or place conditions on its use for purposes of this paragraph. (vi) Signature Such attestation may be manifested by either a hand-written or electronic signature. (B) Individual attestation of employment authorization (i) In general During the verification period (as defined in subparagraph (F)), the individual shall attest, under penalty of perjury on the form designated or established for purposes of subparagraph (A), that the individual is a citizen or national of the United States, an alien lawfully admitted for permanent residence, or an alien who is authorized under this Act or by the Secretary of Homeland Security to be hired, recruited, or referred for such employment. Such attestation may be manifested by either a hand-written or electronic signature. The individual shall also provide that individual’s social security account number (if the individual claims to have been issued such a number), and, if the individual does not attest to United States nationality under this subparagraph, such identification or authorization number established by the Department of Homeland Security for the alien as the Secretary may specify. (ii) Criminal penalty (I) Offenses Any individual who, pursuant to clause (i), provides a social security account number or an identification or authorization number established by the Secretary of Homeland Security that belongs to another person, knowing that the number does not belong to the individual providing the number, shall be fined under title 18, United States Code, imprisoned not less than 1 year and not more than 15 years, or both. Any individual who, pursuant to clause (i), provides, during and in relation to any felony violation enumerated in section 1028A(c) of title 18, United States Code, a social security account number or an identification or authorization number established by the Secretary of Homeland Security that belongs to another person, knowing that the number does not belong to the individual providing the number, in addition to the punishment provided for such felony, shall be fined under title 18, United States Code, imprisoned for a term of 2 years, or both. (II) Consecutive sentence Notwithstanding any other provision of law— (aa) a court shall not place on probation any individual convicted of a violation of this clause; (bb) except as provided in item (dd), no term of imprisonment imposed on an individual under this section shall run concurrently with any other term of imprisonment imposed on the individual under any other provision of law, including any term of imprisonment imposed for the felony enumerated in section 1028A(c) of title 18, United States Code, during which the violation of this section occurred; (cc) in determining any term of imprisonment to be imposed for the felony enumerated in section 1028A(c) of title 18, United States Code, during which the violation of this clause occurred, a court shall not in any way reduce the term to be imposed for such crime so as to compensate for, or otherwise take into account, any separate term of imprisonment imposed or to be imposed for a violation of this clause; and (dd) a term of imprisonment imposed on an individual for a violation of this clause may, in the discretion of the court, run concurrently, in whole or in part, only with another term of imprisonment that is imposed by the court at the same time on that individual for an additional violation of this clause, except that such discretion shall be exercised in accordance with any applicable guidelines and policy statements issued by the United States Sentencing Commission pursuant to section 994 of title 28, United States Code. (C) Retention of verification form and verification (i) In general After completion of such form in accordance with subparagraphs (A) and (B), the person or entity shall— (I) retain a paper, microfiche, microfilm, or electronic version of the form and make it available for inspection by officers of the Department of Homeland Security, the Special Counsel for Immigration-Related Unfair Employment Practices, or the Department of Labor during a period beginning on the date of the recruiting or referral of the individual, or, in the case of the hiring of an individual, the date on which the verification is completed, and ending— (aa) in the case of the recruiting or referral of an individual, 3 years after the date of the recruiting or referral; and (bb) in the case of the hiring of an individual, the later of 3 years after the date the verification is completed or one year after the date the individual’s employment is terminated; and (II) during the verification period (as defined in subparagraph (F)), make an inquiry, as provided in subsection (d), using the verification system to seek verification of the identity and employment eligibility of an individual. (ii) Confirmation (I) Confirmation received If the person or other entity receives an appropriate confirmation of an individual’s identity and work eligibility under the verification system within the time period specified, the person or entity shall record on the form an appropriate code that is provided under the system and that indicates a final confirmation of such identity and work eligibility of the individual. (II) Tentative nonconfirmation received If the person or other entity receives a tentative nonconfirmation of an individual’s identity or work eligibility under the verification system within the time period specified, the person or entity shall so inform the individual for whom the verification is sought. If the individual does not contest the nonconfirmation within the time period specified, the nonconfirmation shall be considered final. The person or entity shall then record on the form an appropriate code which has been provided under the system to indicate a final nonconfirmation. If the individual does contest the nonconfirmation, the individual shall utilize the process for secondary verification provided under subsection (d). The nonconfirmation will remain tentative until a final confirmation or nonconfirmation is provided by the verification system within the time period specified. In no case shall an employer terminate employment of an individual because of a failure of the individual to have identity and work eligibility confirmed under this section until a nonconfirmation becomes final. Nothing in this clause shall apply to a termination of employment for any reason other than because of such a failure. In no case shall an employer rescind the offer of employment to an individual because of a failure of the individual to have identity and work eligibility confirmed under this subsection until a nonconfirmation becomes final. Nothing in this subclause shall apply to a recission of the offer of employment for any reason other than because of such a failure. (III) Final confirmation or nonconfirmation received If a final confirmation or nonconfirmation is provided by the verification system regarding an individual, the person or entity shall record on the form an appropriate code that is provided under the system and that indicates a confirmation or nonconfirmation of identity and work eligibility of the individual. (IV) Extension of time If the person or other entity in good faith attempts to make an inquiry during the time period specified and the verification system has registered that not all inquiries were received during such time, the person or entity may make an inquiry in the first subsequent working day in which the verification system registers that it has received all inquiries. If the verification system cannot receive inquiries at all times during a day, the person or entity merely has to assert that the entity attempted to make the inquiry on that day for the previous sentence to apply to such an inquiry, and does not have to provide any additional proof concerning such inquiry. (V) Consequences of nonconfirmation (aa) Termination or notification of continued employment If the person or other entity has received a final nonconfirmation regarding an individual, the person or entity may terminate employment of the individual (or decline to recruit or refer the individual). If the person or entity does not terminate employment of the individual or proceeds to recruit or refer the individual, the person or entity shall notify the Secretary of Homeland Security of such fact through the verification system or in such other manner as the Secretary may specify. (bb) Failure to notify If the person or entity fails to provide notice with respect to an individual as required under item (aa), the failure is deemed to constitute a violation of subsection (a)(1)(A) with respect to that individual. (VI) Continued employment after final nonconfirmation If the person or other entity continues to employ (or to recruit or refer) an individual after receiving final nonconfirmation, a rebuttable presumption is created that the person or entity has violated subsection (a)(1)(A). (D) Effective dates of new procedures (i) Hiring The provisions of this paragraph shall apply to a person or other entity hiring an individual for employment in the United States as follows: (I) With respect to employers having 10,000 or more employees in the United States on the date of the enactment of the Keeping the Promise of IRCA Act , on the date that is 6 months after the date of the enactment of such Act. (II) With respect to employers having 500 or more employees in the United States, but less than 10,000 employees in the United States, on the date of the enactment of the Keeping the Promise of IRCA Act , on the date that is 12 months after the date of the enactment of such Act. (III) With respect to employers having 20 or more employees in the United States, but less than 500 employees in the United States, on the date of the enactment of the Keeping the Promise of IRCA Act , on the date that is 18 months after the date of the enactment of such Act. (IV) With respect to employers having one or more employees in the United States, but less than 20 employees in the United States, on the date of the enactment of the Keeping the Promise of IRCA Act , on the date that is 24 months after the date of the enactment of such Act. (ii) Recruiting and referring The provisions of this paragraph shall apply to a person or other entity recruiting or referring an individual for employment in the United States on the date that is 12 months after the date of the enactment of the Keeping the Promise of IRCA Act . (iii) Transition rule Subject to paragraph (4), the following shall apply to a person or other entity hiring, recruiting, or referring an individual for employment in the United States until the effective date or dates applicable under clauses (i) and (ii): (I) This subsection, as in effect before the enactment of the Keeping the Promise of IRCA Act . (II) Subtitle A of title IV of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), as in effect before the effective date in section 7(c) of the Keeping the Promise of IRCA Act . (III) Any other provision of Federal law requiring the person or entity to participate in the E-Verify Program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note), as in effect before the effective date in section 7(c) of the Keeping the Promise of IRCA Act , including Executive Order 13465 (8 U.S.C. 1324a note; relating to Government procurement). (E) Verification period defined (i) In general For purposes of this paragraph: (I) In the case of recruitment or referral, the term verification period means the period ending on the date recruiting or referring commences. (II) In the case of hiring, the term verification period means the period beginning on the date on which an offer of employment is extended and ending on the date that is 3 business days after the date of hire, except as provided in clause (ii). (ii) Special rule Notwithstanding clause (i)(II), in the case of an alien who is authorized for employment and who provides evidence from the Social Security Administration that the alien has applied for a social security account number, the verification period ends 3 business days after the alien receives the social security account number. (2) Reverification for individuals with limited work authorization (A) In general A person or entity shall make an inquiry, as provided in subsection (d), using the verification system to seek reverification of the identity and employment eligibility of all individuals with a limited period of work authorization employed by the person or entity during the 3 business days before the date on which the employee's work authorization expires as follows: (i) With respect to employers having 10,000 or more employees in the United States on the date of the enactment of the Keeping the Promise of IRCA Act , beginning on the date that is 6 months after the date of the enactment of such Act. (ii) With respect to employers having 500 or more employees in the United States, but less than 10,000 employees in the United States, on the date of the enactment of the Keeping the Promise of IRCA Act , beginning on the date that is 12 months after the date of the enactment of such Act. (iii) With respect to employers having 20 or more employees in the United States, but less than 500 employees in the United States, on the date of the enactment of the Keeping the Promise of IRCA Act , beginning on the date that is 18 months after the date of the enactment of such Act. (iv) With respect to employers having 1 or more employees in the United States, but less than 20 employees in the United States, on the date of the enactment of the Keeping the Promise of IRCA Act , beginning on the date that is 24 months after the date of the enactment of such Act. (B) Reverification Paragraph (1)(C)(ii) shall apply to reverifications pursuant to this paragraph on the same basis as it applies to verifications pursuant to paragraph (1), except that employers shall— (i) use a form designated or established by the Secretary by regulation for purposes of this paragraph; and (ii) retain a paper, microfiche, microfilm, or electronic version of the form and make it available for inspection by officers of the Department of Homeland Security, the Special Counsel for Immigration-Related Unfair Employment Practices, or the Department of Labor during the period beginning on the date the reverification commences and ending on the date that is the later of 3 years after the date of such reverification or 1 year after the date the individual’s employment is terminated. (3) Early compliance (A) Former E-Verify required users, including Federal contractors Notwithstanding the deadlines in paragraphs (1) and (2), beginning on the date of the enactment of the Keeping the Promise of IRCA Act , the Secretary is authorized to commence requiring employers required to participate in the E-Verify Program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), including employers required to participate in such program by reason of Federal acquisition laws (and regulations promulgated under those laws, including the Federal Acquisition Regulation), to commence compliance with the requirements of this subsection (and any additional requirements of such Federal acquisition laws and regulation) in lieu of any requirement to participate in the E-Verify Program. (B) Former E-Verify voluntary users and others desiring early compliance Notwithstanding the deadlines in paragraphs (1) and (2), beginning on the date of the enactment of the Keeping the Promise of IRCA Act , the Secretary shall provide for the voluntary compliance with the requirements of this subsection by employers voluntarily electing to participate in the E-Verify Program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) before such date, as well as by other employers seeking voluntary early compliance. (4) Copying of documentation permitted Notwithstanding any other provision of law, the person or entity may copy a document presented by an individual pursuant to this subsection and may retain the copy, but only (except as otherwise permitted under law) for the purpose of complying with the requirements of this subsection. (5) Limitation on use of forms A form designated or established by the Secretary of Homeland Security under this subsection and any information contained in or appended to such form, may not be used for purposes other than for enforcement of this Act and any other provision of Federal criminal law. (6) Good faith compliance (A) In general Except as otherwise provided in this subsection, a person or entity is considered to have complied with a requirement of this subsection notwithstanding a technical or procedural failure to meet such requirement if there was a good faith attempt to comply with the requirement. (B) Exception if failure to correct after notice Subparagraph (A) shall not apply if— (i) the failure is not de minimus; (ii) the Secretary of Homeland Security has explained to the person or entity the basis for the failure and why it is not de minimus; (iii) the person or entity has been provided a period of not less than 30 calendar days (beginning after the date of the explanation) within which to correct the failure; and (iv) the person or entity has not corrected the failure voluntarily within such period. (C) Exception for pattern or practice violators Subparagraph (A) shall not apply to a person or entity that has or is engaging in a pattern or practice of violations of subsection (a)(1)(A) or (a)(2). (7) Single extension of deadlines upon certification In a case in which the Secretary of Homeland Security has certified to the Congress that the employment eligibility verification system required under subsection (d) will not be fully operational by the date that is 6 months after the date of the enactment of the Keeping the Promise of IRCA Act , each deadline established under this section for an employer to make an inquiry using such system shall be extended by 6 months. No other extension of such a deadline shall be made. . (b) Date of hire Section 274A(h) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)) is amended by adding at the end the following: (4) Definition of date of hire As used in this section, the term date of hire means the date of actual commencement of employment for wages or other remuneration, unless otherwise specified. . 102. Employment eligibility verification system Section 274A(d) of the Immigration and Nationality Act (8 U.S.C. 1324a(d)) is amended to read as follows: (d) Employment eligibility verification system (1) In general Patterned on the employment eligibility confirmation system established under section 404 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note), the Secretary of Homeland Security shall establish and administer a verification system through which the Secretary (or a designee of the Secretary, which may be a nongovernmental entity)— (A) responds to inquiries made by persons at any time through a toll-free telephone line and other toll-free electronic media concerning an individual’s identity and whether the individual is authorized to be employed; and (B) maintains records of the inquiries that were made, of verifications provided (or not provided), and of the codes provided to inquirers as evidence of their compliance with their obligations under this section. (2) Initial response The verification system shall provide confirmation or a tentative nonconfirmation of an individual’s identity and employment eligibility within 3 working days of the initial inquiry. If providing confirmation or tentative nonconfirmation, the verification system shall provide an appropriate code indicating such confirmation or such nonconfirmation. (3) Secondary confirmation process in case of tentative nonconfirmation In cases of tentative nonconfirmation, the Secretary shall specify, in consultation with the Commissioner of Social Security, an available secondary verification process to confirm the validity of information provided and to provide a final confirmation or nonconfirmation not later than 10 working days after the date on which the notice of the tentative nonconfirmation is received by the employee. The Secretary, in consultation with the Commissioner, may extend this deadline on a case-by-case basis, and if the time is extended, shall document such extension within the verification system. When final confirmation or nonconfirmation is provided, the verification system shall provide an appropriate code indicating such confirmation or nonconfirmation. (4) Design and operation of system The verification system shall be designed and operated— (A) to maximize its reliability and ease of use by persons and other entities consistent with insulating and protecting the privacy and security of the underlying information; (B) to respond to all inquiries made by such persons and entities on whether individuals are authorized to be employed and to register all times when such inquiries are not received; (C) with appropriate administrative, technical, and physical safeguards to prevent unauthorized disclosure of personal information; (D) to have reasonable safeguards against the system’s resulting in unlawful discriminatory practices based on national origin or citizenship status, including— (i) the selective or unauthorized use of the system to verify eligibility; or (ii) the exclusion of certain individuals from consideration for employment as a result of a perceived likelihood that additional verification will be required, beyond what is required for most job applicants; and (E) to limit the subjects of verification to the following individuals: (i) Individuals hired, referred, or recruited, in accordance with paragraph (1) or (4) of subsection (b). (ii) Employees and prospective employees, in accordance with paragraph (1), (2), (3), or (4) of subsection (b). (iii) Individuals seeking to confirm their own employment eligibility on a voluntary basis. (5) Responsibilities of Commissioner of Social Security As part of the verification system, the Commissioner of Social Security, in consultation with the Secretary of Homeland Security (and any designee of the Secretary selected to establish and administer the verification system), shall establish a reliable, secure method, which, within the time periods specified under paragraphs (2) and (3), compares the name and social security account number provided in an inquiry against such information maintained by the Commissioner in order to validate (or not validate) the information provided regarding an individual whose identity and employment eligibility must be confirmed, the correspondence of the name and number, and whether the individual has presented a social security account number that is not valid for employment. The Commissioner shall not disclose or release social security information (other than such confirmation or nonconfirmation) under the verification system except as provided for in this section or section 205(c)(2)(I) of the Social Security Act. (6) Responsibilities of Secretary of Homeland Security As part of the verification system, the Secretary of Homeland Security (in consultation with any designee of the Secretary selected to establish and administer the verification system), shall establish a reliable, secure method, which, within the time periods specified under paragraphs (2) and (3), compares the name and alien identification or authorization number (or any other information as determined relevant by the Secretary) which are provided in an inquiry against such information maintained or accessed by the Secretary in order to validate (or not validate) the information provided, the correspondence of the name and number, whether the alien is authorized to be employed in the United States, or to the extent that the Secretary determines to be feasible and appropriate, whether the records available to the Secretary verify the identity or status of a national of the United States. (7) Offenses (A) In general Any person or entity that, in making an inquiry under subsection (b)(1)(C)(i)(II), provides to the verification system a social security account number or an identification or authorization number established by the Secretary of Homeland Security that belongs to a person other than the individual whose identity and employment authorization are being verified, knowing that the number does not belong to the individual whose identity and employment authorization are being verified, shall be fined under title 18, United States Code, imprisoned not less than 1 year and not more than 15 years, or both. If the person or entity, in making an inquiry under subsection (b)(1)(C)(i)(II), during and in relation to any felony violation enumerated in section 1028A(c) of title 18, United States Code, provides to the verification system a social security account number or an identification or authorization number established by the Secretary of Homeland Security that belongs to a person other than the individual whose identity and employment authorization are being verified, knowing that the number does not belong to the individual whose identity and work authorization are being verified, in addition to the punishment provided for such felony, shall be fined under title 18, United States Code, imprisoned for a term of 2 years, or both. (B) Consecutive sentence Notwithstanding any other provision of law— (i) a court shall not place on probation any person or entity convicted of a violation of this paragraph; (ii) except as provided in clause (iv), no term of imprisonment imposed on a person or entity under this section shall run concurrently with any other term of imprisonment imposed on the person or entity under any other provision of law, including any term of imprisonment imposed for the felony enumerated in section 1028A(c) of title 18, United States Code, during which the violation of this paragraph occurred; (iii) in determining any term of imprisonment to be imposed for the felony enumerated in section 1028A(c) of title 18, United States Code, during which the violation of this section occurred, a court shall not in any way reduce the term to be imposed for such crime so as to compensate for, or otherwise take into account, any separate term of imprisonment imposed or to be imposed for a violation of this paragraph; and (iv) a term of imprisonment imposed on a person or entity for a violation of this paragraph may, in the discretion of the court, run concurrently, in whole or in part, only with another term of imprisonment that is imposed by the court at the same time on that person or entity for an additional violation of this paragraph, except that such discretion shall be exercised in accordance with any applicable guidelines and policy statements issued by the United States Sentencing Commission pursuant to section 994 of title 28, United States Code. (8) Updating information The Commissioner of Social Security and the Secretary of Homeland Security shall update their information in a manner that promotes the maximum accuracy and shall provide a process for the prompt correction of erroneous information, including instances in which it is brought to their attention in the secondary verification process described in paragraph (3). (9) Limitation on use of the verification system and any related systems (A) No national identification card Nothing in this section shall be construed to authorize, directly or indirectly, the issuance or use of national identification cards or the establishment of a national identification card. (B) Critical infrastructure The Secretary may authorize or direct any person or entity responsible for granting access to, protecting, securing, operating, administering, or regulating part of the critical infrastructure (as defined in section 1016(e) of the Critical Infrastructure Protection Act of 2001 ( 42 U.S.C. 5195c(e) )) to use the verification system to the extent the Secretary determines that such use will assist in the protection of the critical infrastructure. . 103. Recruitment, referral, and continuation of employment (a) Additional changes to rules for recruitment, referral, and continuation of employment Section 274A(a) of the Immigration and Nationality Act (8 U.S.C. 1324a(a)) is amended— (1) in paragraph (1)(A), by striking for a fee ; (2) in paragraph (1), by amending subparagraph (B) to read as follows: (B) to hire, continue to employ, or to recruit or refer for employment in the United States an individual without complying with the requirements of subsection (b). ; (3) in paragraph (2), by striking after hiring an alien for employment in accordance with paragraph (1), and inserting after complying with paragraph (1), ; and (4) in paragraph (3), by striking hiring, and inserting hiring, employing, each place it appears. (b) Definition Section 274A(h) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)), as amended by section 101(b) of this Act, is further amended by adding at the end the following: (5) Definition of recruit or refer As used in this section, the term refer means the act of sending or directing a person who is in the United States or transmitting documentation or information to another, directly or indirectly, with the intent of obtaining employment in the United States for such person. Only persons or entities referring for remuneration (whether on a retainer or contingency basis) are included in the definition, except that union hiring halls that refer union members or nonunion individuals who pay union membership dues are included in the definition whether or not they receive remuneration, as are labor service entities or labor service agencies, whether public, private, for-profit, or nonprofit, that refer, dispatch, or otherwise facilitate the hiring of laborers for any period of time by a third party. As used in this section, the term recruit means the act of soliciting a person who is in the United States, directly or indirectly, and referring the person to another with the intent of obtaining employment for that person. Only persons or entities referring for remuneration (whether on a retainer or contingency basis) are included in the definition, except that union hiring halls that refer union members or nonunion individuals who pay union membership dues are included in this definition whether or not they receive remuneration, as are labor service entities or labor service agencies, whether public, private, for-profit, or nonprofit that recruit, dispatch, or otherwise facilitate the hiring of laborers for any period of time by a third party. . (c) Effective date The amendments made by this section shall take effect on the date that is 1 year after the date of the enactment of this Act, except that the amendments made by subsection (a) shall take effect 6 months after the date of the enactment of this Act insofar as such amendments relate to continuation of employment. 104. Good faith defense Section 274A(a)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(a)(3) ) is amended to read as follows: (3) Good faith defense (A) Defense An employer (or person or entity that hires, employs, recruits, or refers (as defined in subsection (h)(5)), or is otherwise obligated to comply with this section) who establishes that it has complied in good faith with the requirements of subsection (b)— (i) shall not be liable to a job applicant, an employee, the Federal Government, or a State or local government, under Federal, State, or local criminal or civil law for any employment-related action taken with respect to a job applicant or employee in good-faith reliance on information provided through the system established under subsection (d); and (ii) has established compliance with its obligations under subparagraphs (A) and (B) of paragraph (1) and subsection (b) absent a showing by the Secretary of Homeland Security, by clear and convincing evidence, that the employer had knowledge that an employee is an unauthorized alien. (B) Failure to seek and obtain verification Subject to the effective dates and other deadlines applicable under subsection (b), in the case of a person or entity in the United States that hires, or continues to employ, an individual, or recruits or refers an individual for employment, the following requirements apply: (i) Failure to seek verification (I) In general If the person or entity has not made an inquiry, under the mechanism established under subsection (d) and in accordance with the timeframes established under subsection (b), seeking verification of the identity and work eligibility of the individual, the defense under subparagraph (A) shall not be considered to apply with respect to any employment, except as provided in subclause (II). (II) Special rule for failure of verification mechanism If such a person or entity in good faith attempts to make an inquiry in order to qualify for the defense under subparagraph (A) and the verification mechanism has registered that not all inquiries were responded to during the relevant time, the person or entity can make an inquiry until the end of the first subsequent working day in which the verification mechanism registers no nonresponses and qualify for such defense. (ii) Failure to obtain verification If the person or entity has made the inquiry described in clause (i)(I) but has not received an appropriate verification of such identity and work eligibility under such mechanism within the time period specified under subsection (d)(2) after the time the verification inquiry was received, the defense under subparagraph (A) shall not be considered to apply with respect to any employment after the end of such time period. . 105. Repeal (a) In general Subtitle A of title IV of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1234a note) is repealed. (b) References Any reference in any Federal law, Executive order, rule, regulation, or delegation of authority, or any document of, or pertaining to, the Department of Homeland Security, Department of Justice, or the Social Security Administration, to the employment eligibility confirmation system established under section 404 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note) is deemed to refer to the employment eligibility confirmation system established under section 274A(d) of the Immigration and Nationality Act, as amended by section 102 of this Act. (c) Effective date This section shall take effect on the date that is 36 months after the date of the enactment of this Act. 106. Penalties Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is amended— (1) in subsection (e)(1)— (A) by striking Attorney General each place such term appears and inserting Secretary of Homeland Security ; and (B) by striking Service and inserting Department of Homeland Security ; (2) in subsection (e)(4)— (A) in subparagraph (A), in the matter before clause (i), by inserting , subject to paragraph (10), after in an amount ; (B) in subparagraph (A)(i), by striking not less than $250 and not more than $2,000 and inserting not less than $2,500 and not more than $5,000 ; (C) in subparagraph (A)(ii), by striking not less than $2,000 and not more than $5,000 and inserting not less than $5,000 and not more than $10,000 ; (D) in subparagraph (A)(iii), by striking not less than $3,000 and not more than $10,000 and inserting not less than $10,000 and not more than $25,000 ; and (E) by amending subparagraph (B) to read as follows: (B) may require the person or entity to take such other remedial action as is appropriate. ; (3) in subsection (e)(5)— (A) in the paragraph heading, strike paperwork ; (B) by inserting , subject to paragraphs (10) through (12), after in an amount ; (C) by striking $100 and inserting $1,000 ; (D) by striking $1,000 and inserting $25,000 ; (E) by adding at the end the following: Failure by a person or entity to utilize the employment eligibility verification system as required by law, or providing information to the system that the person or entity knows or reasonably believes to be false, shall be treated as a violation of subsection (a)(1)(A). ; (4) by adding at the end of subsection (e) the following: (10) Exemption from penalty for good faith violation In the case of imposition of a civil penalty under paragraph (4)(A) with respect to a violation of subsection (a)(1)(A) or (a)(2) for hiring or continuation of employment or recruitment or referral by person or entity and in the case of imposition of a civil penalty under paragraph (5) for a violation of subsection (a)(1)(B) for hiring or recruitment or referral by a person or entity, the penalty otherwise imposed may be waived or reduced if the violator establishes that the violator acted in good faith. (11) Authority to debar employers for certain violations (A) In general If a person or entity is determined by the Secretary of Homeland Security to be a repeat violator of paragraph (1)(A) or (2) of subsection (a), or is convicted of a crime under this section, such person or entity may be considered for debarment from the receipt of Federal contracts, grants, or cooperative agreements in accordance with the debarment standards and pursuant to the debarment procedures set forth in the Federal Acquisition Regulation. (B) Does not have contract, grant, agreement If the Secretary of Homeland Security or the Attorney General wishes to have a person or entity considered for debarment in accordance with this paragraph, and such an person or entity does not hold a Federal contract, grant or cooperative agreement, the Secretary or Attorney General shall refer the matter to the Administrator of General Services to determine whether to list the person or entity on the List of Parties Excluded from Federal Procurement, and if so, for what duration and under what scope. (C) Has contract, grant, agreement If the Secretary of Homeland Security or the Attorney General wishes to have a person or entity considered for debarment in accordance with this paragraph, and such person or entity holds a Federal contract, grant or cooperative agreement, the Secretary or Attorney General shall advise all agencies or departments holding a contract, grant, or cooperative agreement with the person or entity of the Government’s interest in having the person or entity considered for debarment, and after soliciting and considering the views of all such agencies and departments, the Secretary or Attorney General may refer the matter to any appropriate lead agency to determine whether to list the person or entity on the List of Parties Excluded from Federal Procurement, and if so, for what duration and under what scope. (D) Review Any decision to debar a person or entity in accordance with this paragraph shall be reviewable pursuant to part 9.4 of the Federal Acquisition Regulation. (12) Office for State and local government complaints The Secretary of Homeland Security shall establish an office— (A) to which State and local government agencies may submit information indicating potential violations of subsection (a), (b), or (g)(1) that were generated in the normal course of law enforcement or the normal course of other official activities in the State or locality; (B) that is required to indicate to the complaining State or local agency within 5 business days of the filing of such a complaint by identifying whether the Secretary will further investigate the information provided; (C) that is required to investigate those complaints filed by State or local government agencies that, on their face, have a substantial probability of validity; (D) that is required to notify the complaining State or local agency of the results of any such investigation conducted; and (E) that is required to report to the Congress annually the number of complaints received under this paragraph, the States and localities that filed such complaints, and the resolution of the complaints investigated by the Secretary. ; and (5) by amending paragraph (1) of subsection (f) to read as follows: (1) Criminal penalty Any person or entity which engages in a pattern or practice of violations of subsection (a) (1) or (2) shall be fined not more than $15,000 for each unauthorized alien with respect to which such a violation occurs, imprisoned for not less than one year and not more than 10 years, or both, notwithstanding the provisions of any other Federal law relating to fine levels. . II Crime Prevention and Penalties 201. Establishment of electronic birth and death registration systems In consultation with the Secretary of Health and Human Services and the Commissioner of Social Security, the Secretary of Homeland Security shall take the following actions: (1) Work with the States to establish a common data set and common data exchange protocol for electronic birth registration systems and death registration systems. (2) Coordinate requirements for such systems to align with a national model. (3) Ensure that fraud prevention is built into the design of electronic vital registration systems in the collection of vital event data, the issuance of birth certificates, and the exchange of data among government agencies. (4) Ensure that electronic systems for issuing birth certificates, in the form of printed abstracts of birth records or digitized images, employ a common format of the certified copy, so that those requiring such documents can quickly confirm their validity. (5) Establish uniform field requirements for State birth registries. (6) Not later than 1 year after the date of the enactment of this Act, establish a process with the Department of Defense that will result in the sharing of data, with the States and the Social Security Administration, regarding deaths of United States military personnel and the birth and death of their dependents. (7) Not later than 1 year after the date of the enactment of this Act, establish a process with the Department of State to improve registration, notification, and the sharing of data with the States and the Social Security Administration, regarding births and deaths of United States citizens abroad. (8) Not later than 3 years after the date of establishment of databases provided for under this section, require States to record and retain electronic records of pertinent identification information collected from requestors who are not the registrants. (9) Not later than 6 months after the date of the enactment of this Act, submit to Congress a report on whether there is a need for Federal laws to address penalties for fraud and misuse of vital records and whether violations are sufficiently enforced. 202. Enhanced penalties for document fraud Section 1028(b)(3) of title 18, United States Code, is amended— (1) in subparagraph (B), by striking “or” at the end; (2) by redesignating subparagraph (C) as subparagraph (D); and (3) by inserting after subparagraph (B) the following: (C) to facilitate illegal immigration or human smuggling; or . 203. Alien smuggling and terrorism prevention (a) Checks against terrorist watchlist The Secretary of Homeland Security shall, to the extent practicable, check against all available terrorist watchlists those persons suspected of alien smuggling and smuggled individuals who are interdicted at the land, air, and sea borders of the United States. (b) Strengthening prosecution and punishment of alien smugglers Section 274(a) of the Immigration and Nationality Act ( 8 U.S.C. 1324(a) ) is amended— (1) by amending the subsection heading to read as follows: Bringing In, Harboring, and Smuggling of Unlawful and Terrorist Aliens.— ; (2) by amending paragraphs (1) through (2) to read as follows: (1) (A) Whoever, knowing or in reckless disregard of the fact that an individual is an alien who lacks lawful authority to come to, enter, or reside in the United States, knowingly— (i) brings that individual to the United States in any manner whatsoever regardless of any future official action which may be taken with respect to such individual; (ii) recruits, encourages, or induces that individual to come to, enter, or reside in the United States; (iii) transports or moves that individual in the United States, in furtherance of their unlawful presence; or (iv) harbors, conceals, or shields from detection the individual in any place in the United States, including any building or any means of transportation; or attempts or conspires to do so, shall be punished as provided in subparagraph (C). (B) Whoever, knowing that an individual is an alien, brings that individual to the United States in any manner whatsoever at a place, other than a designated port of entry or place designated by the Secretary of Homeland Security, regardless of whether such individual has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such individual, or attempts or conspires to do so, shall be punished as provided in subparagraph (C). (C) Whoever commits an offense under this paragraph shall, for each individual in respect to whom such a violation occurs— (i) if the offense results in the death of any person, be fined under title 18, United States Code, and subject to the penalty of death or imprisonment for any term of years or for life; (ii) if the offense involves kidnapping, an attempt to kidnap, the conduct required for aggravated sexual abuse (as defined in section 2241 of title 18, United States Code, without regard to where it takes place), or an attempt to commit such abuse, or an attempt to kill, be fined under title 18, United States Code, or imprisoned for any term of years or life, or both; (iii) if the offense involves an individual who the defendant knew was engaged in or intended to engage in terrorist activity (as defined in section 212(a)(3)(B)), be fined under title 18, United States Code, or imprisoned not more than 30 years, or both; (iv) if the offense results in serious bodily injury (as defined in section 1365 of title 18, United States Code) or places in jeopardy the life of any person, be fined under title 18, United States Code, or imprisoned not more than 20 years, or both; (v) if the offense is a violation of paragraph (1)(A)(i) and was committed for the purpose of profit, commercial advantage, or private financial gain, or if the offense was committed with the intent or reason to believe that the individual unlawfully brought into the United States will commit an offense against the United States or any State that is punishable by imprisonment for more than 1 year, be fined under title 18, United States Code, and imprisoned, in the case of a first or second violation, not less than 3 nor more than 10 years, and for any other violation, not less than 5 nor more than 15 years; (vi) if the offense is a violation of paragraphs (1)(A)(ii), (iii), or (iv), or paragraph (1)(B), and was committed for the purpose of profit, commercial advantage, or private financial gain, be fined under title 18, United States Code, or imprisoned not more than 10 years, or both; (vii) if the offense involves the transit of the defendant’s spouse, child, sibling, parent, grandparent, or niece or nephew, and the offense is not described in any of clauses (i) through (vi), be fined under title 18, United States Code, or imprisoned not more than 1 year, or both; and (viii) in any other case, be fined under title 18, United States Code, or imprisoned not more than 5 years, or both. (2) (A) There is extraterritorial jurisdiction over the offenses described in paragraph (1). (B) In a prosecution for a violation of, or an attempt or conspiracy to violate, subsection (a)(1)(A)(i), (a)(1)(A)(ii), or (a)(1)(B), that occurs on the high seas, no defense based on necessity can be raised unless the defendant— (i) as soon as practicable, reported to the Coast Guard the circumstances of the necessity, and if a rescue is claimed, the name, description, registry number, and location of the vessel engaging in the rescue; and (ii) did not bring, attempt to bring, or in any manner intentionally facilitate the entry of any alien into the land territory of the United States without lawful authority, unless exigent circumstances existed that placed the life of that alien in danger, in which case the reporting requirement set forth in clause (i) is satisfied by notifying the Coast Guard as soon as practicable after delivering the alien to emergency medical or law enforcement personnel ashore. (C) It is not a violation of, or an attempt or conspiracy to violate, clause (iii) or (iv) of paragraph (1)(A), or paragraph (1)(A)(ii) (except if a person recruits, encourages, or induces an alien to come to or enter the United States), for a religious denomination having a bona fide nonprofit, religious organization in the United States, or the agents or officer of such denomination or organization, to encourage, invite, call, allow, or enable an alien who is present in the United States to perform the vocation of a minister or missionary for the denomination or organization in the United States as a volunteer who is not compensated as an employee, notwithstanding the provision of room, board, travel, medical assistance, and other basic living expenses, provided the minister or missionary has been a member of the denomination for at least one year. (D) For purposes of this paragraph and paragraph (1)— (i) the term United States means the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States; and (ii) the term lawful authority means permission, authorization, or waiver that is expressly provided for in the immigration laws of the United States or the regulations prescribed under those laws and does not include any such authority secured by fraud or otherwise obtained in violation of law or authority that has been sought but not approved. . (c) Maritime law enforcement (1) Penalties Subsection (b) of section 2237 of title 18, United States Code, is amended to read as follows: (b) Whoever intentionally violates this section shall— (1) if the offense results in death or involves kidnapping, an attempt to kidnap, the conduct required for aggravated sexual abuse (as defined in section 2241 without regard to where it takes place), or an attempt to commit such abuse, or an attempt to kill, be fined under such title or imprisoned for any term of years or life, or both; (2) if the offense results in serious bodily injury (as defined in section 1365 of this title) or transportation under inhumane conditions, be fined under this title, imprisoned not more than 15 years, or both; (3) if the offense is committed in the course of a violation of section 274 of the Immigration and Nationality Act (alien smuggling); chapter 77 (peonage, slavery, and trafficking in persons), section 111 (shipping), 111A (interference with vessels), 113 (stolen property), or 117 (transportation for illegal sexual activity) of this title; chapter 705 (maritime drug law enforcement) of title 46, or title II of the Act of June 15, 1917 (chapter 30; 40 Stat. 220), be fined under this title or imprisoned for not more than 10 years, or both; and (4) in any other case, be fined under this title or imprisoned for not more than 5 years, or both. . (2) Limitation on necessity defense Section 2237(c) of title 18, United States Code, is amended— (A) by inserting (1) after (c) ; (B) by adding at the end the following: (2) In a prosecution for a violation of this section, no defense based on necessity can be raised unless the defendant— (A) as soon as practicable upon reaching shore, delivered the person with respect to which the necessity arose to emergency medical or law enforcement personnel; (B) as soon as practicable, reported to the Coast Guard the circumstances of the necessity resulting giving rise to the defense; and (C) did not bring, attempt to bring, or in any manner intentionally facilitate the entry of any alien, as that term is defined in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)), into the land territory of the United States without lawful authority, unless exigent circumstances existed that placed the life of that alien in danger, in which case the reporting requirement of subparagraph (B) is satisfied by notifying the Coast Guard as soon as practicable after delivering that person to emergency medical or law enforcement personnel ashore. . (3) Definition Section 2237(e) of title 18, United States Code, is amended— (A) by striking and at the end of paragraph (3); (B) by striking the period at the end of paragraph (4) and inserting ; and ; and (C) by adding at the end the following: (5) the term transportation under inhumane conditions means the transportation of persons in an engine compartment, storage compartment, or other confined space, transportation at an excessive speed, transportation of a number of persons in excess of the rated capacity of the means of transportation, or intentionally grounding a vessel in which persons are being transported. . (d) Amendment to the sentencing guidelines (1) In general Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and, if appropriate, amend the sentencing guidelines and policy statements applicable to persons convicted of alien smuggling offenses and criminal failure to heave to or obstruction of boarding. (2) Considerations In carrying out this section, the Sentencing Commission, shall— (A) consider providing sentencing enhancements or stiffening existing enhancements for those convicted of offenses described in subsection (a) that— (i) involve a pattern of continued and flagrant violations; (ii) are part of an ongoing commercial organization or enterprise; (iii) involve aliens who were transported in groups of ten or more; (iv) involve the transportation or abandonment of aliens in a manner that endangered their lives; or (v) involve the facilitation of terrorist activity; and (B) consider cross-references to the guidelines for Criminal Sexual Abuse and Attempted Murder. (3) Expedited procedures The Commission may promulgate the guidelines or amendments under this section in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987, as though the authority under that Act had not expired. 204. Eligibility for State criminal alien assistance program funding (a) In general The Attorney General shall— (1) determine annually which State or local jurisdictions are not in compliance with section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act (Public Law 104–208) and shall report such determinations to Congress on March 1 of each year; and (2) issue a report concerning the compliance of any particular State or local jurisdiction at the request of any Member of Congress. (b) Incarceration Section 241(i) of the Immigration and Nationality Act ( 8 U.S.C. 1231(i) ) is amended by adding at the end the following: (7) A State (or a political subdivision of a State) shall not be eligible to enter into a contractual arrangement under paragraph (1) if the State (or political subdivision) has been determined by the Attorney General to be out of compliance with section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act ( Public Law 104–208 ). Such State (or political subdivision) shall remain ineligible until the Attorney General determines that the State (or political subdivision) has come into compliance. . 205. ICE immigration enforcement agents (a) In general The Secretary shall authorize all immigration enforcement agents and deportation officers of Immigration and Customs Enforcement who have successfully completed basic immigration law enforcement training to exercise the powers conferred by— (1) section 287(a)(5)(A) of the Immigration and Nationality Act to arrest for any offense against the United States; (2) section 287(a)(5)(B) of the Immigration and Nationality Act to arrest for any felony; (3) section 274(a) of the Immigration and Nationality Act to arrest for bringing in, transporting, or harboring certain aliens, or inducing them to enter; (4) section 287(a) of the Immigration and Nationality Act to execute warrants of arrest for administrative immigration violations issued under section 236 of the Act or to execute warrants of criminal arrest issued under the authority of the United States; and (5) section 287(a) of the Act to carry firearms, provided that they are individually qualified by training and experience to handle and safely operate the firearms they are permitted to carry, maintain proficiency in the use of such firearms, and adhere to the provisions of the enforcement standard governing the use of force. (b) Pay Immigration enforcement agents shall be paid on the same scale as Immigration and Customs Enforcement deportation officers and shall receive the same benefits. 206. ICE detention enforcement officers (a) Authorization The Secretary is authorized to hire 2,500 Immigration and Customs Enforcement detention enforcement officers. (b) Duties Detention enforcement officers who have successfully completed detention enforcement officers’ basic training shall be responsible for— (1) taking and maintaining custody of any person who has been arrested by an immigration officer; (2) transporting and guarding immigration detainees; (3) securing ICE detention facilities; and (4) assisting in the processing of detainees. 207. Additional ICE deportation officers and support staff (a) In general The Secretary shall, subject to the availability of appropriations for such purpose, increase the number of positions for full-time active-duty Immigration and Customs Enforcement deportation officers by 5,000 above the number of full-time positions for which funds were appropriated for fiscal year 2013. (b) Support staff The Secretary shall, subject to the availability of appropriations for such purpose, increase the number of positions for full-time support staff for Immigration and Customs Enforcement deportation officers by 700 above the number of full-time positions for which funds were appropriated for fiscal year 2013. 208. Assisting gang and drug task forces The Secretary shall assign at least one Immigration and Customs Enforcement deportation officer or immigration enforcement agent to serve as a member of any State or local gang or drug task force— (1) if the task force requests such assistance in writing to an ICE field office; and (2) for as long as the task force remains active and wants such assistance. 209. Protecting communities (a) Prisons and jails The Secretary shall assign an Immigration and Customs Enforcement deportation officer or immigration enforcement agent to every Federal, State, and County prison or jail facility. (b) Detainers Immigration and Customs Enforcement deportation officers and immigration enforcement agents assigned to a prison or jail facility are required to place a detainer on every alien they determine is unlawfully present in the United States. 210. Protecting public safety and removing criminal aliens (a) Notices To appear Notwithstanding any other provision of law, immigration officers who encounter, under any circumstances, an alien listed in subsection (b) of this section are required to process such aliens and refer them for removal proceedings by issuing a Notice to Appear. (b) Aliens covered Aliens covered by subsection (a) of this section include any alien who is unlawfully present in the United States, whether such alien entered without inspection or violated the terms of admission, and who: (1) Has been convicted of any felony; (2) Has been convicted of any two or more misdemeanors; (3) Has been convicted of a crime involving moral turpitude; (4) Has been convicted of any felony or misdemeanor involving the operation of a vehicle while under the influence of alcohol or drugs; (5) Has been convicted of any felony or misdemeanor involving domestic violence, sexual assault, or sexual abuse of a child; (6) Has a known or suspected gang affiliation; (7) Assaults any law enforcement officer; or (8) Poses a risk to public safety or national security. 211. Pilot program for electronic field processing (a) In general The Secretary shall establish a pilot program in at least five of the 10 Immigration and Customs Enforcement field offices with the largest removal caseloads to allow Immigration and Customs deportation officers and immigration enforcement agents to— (1) electronically process and serve charging documents, including Notices to Appear, while in the field; and (2) electronically process and place detainers while in the field. (b) Duties The pilot program described in subsection (a) shall be designed to allow deportation officers and immigration enforcement agents to use handheld or vehicle-mounted computers to— (1) enter any required data, including personal information about the alien subject and the reason for issuing the document; (2) apply the electronic signature of the issuing officer or agent; (3) set the date the alien is required to appear before an immigration judge, in the case of Notices to Appear; (4) print any documents the alien subject may be required to sign, along with additional copies of documents to be served on the alien; and (5) interface with the ENFORCE database so that all data is stored and retrievable. (c) Construction The pilot program described in subsection (a) shall be designed to replace, to the extent possible, the current paperwork and data-entry process used for issuing such charging documents and detainers. (d) Deadline The Secretary shall initiate the pilot program described in subsection (a) within 6 months of the date of enactment of this Act. (e) Report The Government Accountability Office shall report to the Judiciary Committee of the Senate and the House of Representatives no later than 18 months after the date of enactment of this Act on the effectiveness of the pilot program and provide recommendations for improving it. (f) Advisory Council The ICE Advisory Council established by section 217 of this Act shall include an recommendations on how the pilot program should work in the first quarterly report of the Council, and shall include assessments of the program and recommendations for improvement in each subsequent report. 212. Restricting visas for countries that refuse to repatriate their nationals (a) Penalties related to removal Section 243 of the Immigration and Nationality Act ( 8 U.S.C. 1253 ) is amended by striking subsection (d). (b) Countries to which aliens may be removed Section 241(b) of the Immigration and Nationality Act ( 8 U.S.C. 1231(b) ) is amended by adding at the end the following: (4) Discontinuing granting certain visas and denying admission to nationals of country denying or delaying accepting aliens (A) Discontinuing granting visas Except as provided under subparagraph (C), if a country is listed in the most recent quarterly report submitted by the Secretary of Homeland Security to the Congress under subparagraph (E), the Secretary of State may not issue a nonimmigrant visa pursuant to section 101(a)(15) to a citizen, subject, national, or resident of such country until— (i) the Secretary of Homeland Security notifies the Secretary of State that the country should no longer be so listed; or (ii) each alien listed in the report with respect to such country has otherwise been removed from the United States. (B) Denying admission to nationals and foreign government officials Except as provided under subparagraph (C), if a country is listed in the most recent quarterly report submitted by the Secretary of Homeland Security to the Congress under subparagraph (E), the Secretary of Homeland Security, in consultation with the Secretary of State, shall deny admission to any citizen, subject, national, or resident of that country who has received a nonimmigrant visa pursuant to section 101(a)(15). (C) Exception Subparagraphs (A) and (B) do not apply if the Secretary of State determines that the life or freedom of the visa applicant or individual seeking admission would be threatened in the country listed under subparagraph (E). (D) Effect of unauthorized issuance Any visa issued in violation of this paragraph shall be null and void. (E) Quarterly reports Not later than 90 days after the date of the enactment of this Act, and every 3 months thereafter, the Secretary of Homeland Security shall submit a report to the Congress that— (i) lists all the countries that deny or unreasonably delay the acceptance of at least 10 percent of the total number of aliens who— (I) are physically present in the United States; (II) are a citizen, subject, national, or resident of such country; and (III) have received a final order of removal; and (ii) includes the total number of aliens described under clause (i), organized by— (I) name; (II) country; (III) detention status; and (IV) criminal status. (F) Compliance with repatriation If the Secretary of Homeland Security determines that a country listed in the quarterly report under subparagraph (E) has accepted each alien listed with respect to that country under subparagraph (E)(ii), the country shall be removed from the list in the next quarterly report submitted under subparagraph (E) and shall not be subject to the sanctions described in this paragraph, unless subparagraph (E) applies to such country with respect to another alien. (G) Denies or unreasonably delays (i) In general Except as provided under clause (ii), in this paragraph, a country denies or unreasonably delays the acceptance of an alien who is a citizen, subject, national, or resident of the country if the country does not accept the alien within the removal period. (ii) Alien that may not be removed For purposes of clause (i), a country does not deny or unreasonably delay the acceptance of an alien who is a citizen, subject, national, or resident of the country if such alien may not be removed pursuant to this section. . 213. Additional ICE detention space (a) In general The Secretary of Homeland Security shall make arrangements for the availability of 10,000 additional beds for detaining aliens taken into custody by immigration officials. (b) Implementation Efforts shall be made to— (1) contract private facilities whenever possible to promote efficient use and to limit the Federal Government’s maintenance of and liability for additional infrastructure; (2) utilize State and local facilities for the provision of additional beds; and (3) utilize BRAC facilities or active duty facilities. (c) Construction The Department of Homeland Security shall construct facilities as necessary to meet the remainder of the 10,000 new beds to be provided. 214. Additional immigration judgeships and law clerks (a) Judgeships The Attorney General shall create and fill twenty additional Immigration Judgeships within 6 months after the date of enactment of this Act. (b) Clerkships The Attorney General shall also ensure that for every 2 Immigration Judges there shall be no fewer than one law clerk dedicated to assisting Immigration Judges. 215. Additional ICE prosecutors The Secretary shall increase by sixty the number of full-time trial attorneys working for the Immigration and Customs Enforcement Office of the Principal Legal Advisor. 216. Ensuring the safety of ICE officers and agents (a) Body armor The Secretary shall ensure that every Immigration and Customs Enforcement deportation officer and immigration enforcement agent on duty is issued high-quality body armor that is appropriate for the climate and risks faced by the agent. Enough body armor must be purchased to cover every agent in the field. (b) Weapons The Secretary shall ensure that Immigration and Customs Enforcement deportation officers and immigration enforcement agents are equipped with weapons that are reliable and effective to protect themselves, their fellow agents, and innocent third parties from the threats posed by armed criminals. Such weapons shall include, at a minimum, standard-issue handguns, M–4 (or equivalent) rifles, and Tasers. 217. ICE Advisory Council (a) Establishment An ICE Advisory Council shall be established within 3 months of enactment of this Act. (b) Membership The ICE Advisor Council shall be comprised of seven members. (1) Members are to be appointed in the following manner: (A) One member shall be appointed by the President; (B) One member shall be appointed by the Chairman of the Judiciary Committee of the House of Representatives; (C) One member shall be appointed by the Chairman of the Judiciary Committee of the Senate; (D) One member shall be appointed by the Local 511, the ICE prosecutor’s union; and (E) Three members shall be appointed by the National Immigration and Customs Enforcement Council. (2) Members shall serve renewable, 2-year terms. (3) Membership shall be voluntary and non-remunerated, except that members will receive reimbursement from ICE for travel and other related expenses. (4) Members who are employed by ICE shall be protected from retaliation by their supervisors, managers, and other DHS employees for their participation on the Council. (c) Purpose The purpose of the Council is to advise the Congress and the Director of Immigration and Customs Enforcement on issues including the following: (1) The current status of ICE immigration enforcement efforts, including prosecutions and removals, the effectiveness of such efforts, and how enforcement could be improved; (2) The effectiveness of cooperative efforts between ICE and other law enforcement agencies, including additional types of enforcement activities that ICE should be engaged in, such as State and local criminal task forces; (3) Personnel, equipment, and other resource needs of ICE field personnel; (4) Improvements that should be made to ICE’s organizational structure, including whether the position of immigration enforcement agent should be merged into the deportation officer position; and (5) The effectiveness of specific enforcement policies and regulations promulgated by ICE Headquarters, and whether other enforcement priorities should be considered. (d) Reports The Council shall provide quarterly reports to the Chairmen and Ranking Members of the Judiciary Committees of the Senate and the House of Representatives and to the Director of Immigration and Customs Enforcement. The Council members shall meet directly with the Chairmen and Ranking Members (or their designated representatives) and with the Director to discuss their reports every 6 months. III Gaining Operational Control of America’s Borders 301. Automated entry-exit control system (a) System Not later than 2 years after the date of the enactment of this Act, the Secretary shall develop the biometric automated entry and exit control system required by Sec. 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( Public Law 104–208 ), which was duly enacted by Congress and signed into law. (b) Pilot exit programs Not later than 6 months after the date of enactment of this Act, the Secretary shall establish biometric exit pilot programs at a minimum of 10 land ports of entry, including at least two each in California, Arizona, New Mexico, and Texas, and at least two on the United States-Canada border. (c) Purpose Such pilot programs, at a minimum shall match all nonimmigrant visa holders who depart the United States through the pilot port with their initial entry into the United States and report whether they departed within the terms of their visas. (d) DHS Report The Secretary shall report to Congress no later than one year after the date of enactment of this Act, and every 6 months thereafter, on the effectiveness of the pilot programs, including— (1) what percentage of aliens leaving the United States through the pilot ports were tracked through the pilot; (2) what percentage of tracked aliens violated the duration of their visas; and (3) the rate of visa compliance by nonimmigrant visa type. (e) GAO Report The General Accountability Office shall report to Congress no later than one year after the date of enactment of this Act on the effectiveness of the pilot programs and recommendations for improving their effectiveness and expanding them nationwide. 302. Measuring border security (a) In general The Department of Homeland Security shall assess the effectiveness of border enforcement strategies and tools by using the metric of operational control . (b) Operational Control Defined In this section, the term operational control means the prevention of all unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband. (c) DHS report Not later than 1 year after the date of the enactment of this Act and annually thereafter, the Secretary shall submit to Congress a report on the progress made toward achieving and maintaining operational control over the entire international land and maritime borders of the United States in accordance with this section. (d) GAO report Not later than 1 year after the date of the enactment of this Act and annually thereafter, the General Accountability Office shall submit to Congress a report on the progress made toward achieving and maintaining operational control over the entire international land and maritime borders of the United States in accordance with this section. 303. National strategy to achieve operational control of America’s borders (a) Requirement for national strategy The Secretary, in consultation with the heads of other appropriate Federal agencies, shall develop a national strategy to secure the borders that describes actions to be carried out to achieve operational control over all ports of entry into the United States and the international land and maritime borders of the United States by December 31, 2015. (b) Content The national strategy to secure the borders shall include the following: (1) An assessment of the threats posed by terrorists and terrorist groups that may try to infiltrate the United States at locations along the international land and maritime borders of the United States. (2) A risk assessment for all United States ports of entry and all portions of the international land and maritime borders of the United States that includes a description of activities being undertaken— (A) to prevent the entry of terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband into the United States; and (B) to protect critical infrastructure at or near such ports of entry or borders. (3) An assessment of the most appropriate, practical, and cost-effective means of defending the international land and maritime borders of the United States against threats to security and illegal transit, including intelligence capacities, technology, equipment, personnel, and training needed to address security vulnerabilities. (4) An assessment of staffing needs for all border security functions, taking into account threat and vulnerability information pertaining to the borders and the impact of new security programs, policies, and technologies. (5) A description of the border security roles and missions of Federal Government, State government, local government, and tribal authorities, and recommendations regarding actions the Secretary can carry out to improve coordination with such authorities to enable border security and enforcement activities to be carried out in a more efficient and effective manner. (6) An assessment of existing efforts and technologies used for border security and the effect of the use of such efforts and technologies on the safety, civil rights, private property rights, privacy rights, and civil liberties, including the effects on Americans living in the border region and local, State, and Federal law enforcement officers working in the border region. (7) A prioritized list of research and development objectives to enhance the security of the international land and maritime borders of the United States. (8) An assessment of additional detention facilities and beds that are needed to detain unlawful aliens apprehended at United States ports of entry or along the international land borders of the United States. (9) A schedule for the implementation of the security measures described in said strategy, including a prioritization of security measures, realistic deadlines for addressing the security and enforcement needs, an estimate of the resources needed to carry out such measures, and a description of how such resources should be allocated. (c) Consultation In developing the national strategy for border security, the Secretary shall consult with representatives of— (1) State, local, and tribal governmental authorities with responsibility for locations along the international land and maritime borders of the United States; and (2) appropriate private sector entities, nongovernmental organizations, and affected communities that have expertise in areas related to border security. (d) Coordination The national strategy for border security shall be consistent with the National Strategy for Maritime Security developed pursuant to Homeland Security Presidential Directive 13, dated December 21, 2004. (e) Submission to Congress (1) Strategy Not later than December 31, 2013, the Secretary shall submit to Congress the national strategy to achieve operational control of U.S. borders. (2) Updates The Secretary shall submit to Congress any update of such strategy that the Secretary determines is necessary, not later than 30 days after such update is developed. (f) Immediate action Nothing in this section may be construed to relieve the Secretary of the responsibility to take all actions necessary and appropriate to achieve and maintain immediate operational control over the entire international land and maritime borders of the United States. 304. Improving border technology (a) Equipment sharing between department of homeland security and department of defense The Secretaries of these 2 departments shall develop and implement a plan to use authorities provided to the Secretary of Defense under chapter 18 of title 10, United States Code, to increase the availability and use of Department of Defense equipment, including unmanned aerial vehicles, tethered aerostat radars, and other surveillance equipment, to assist the Secretary in carrying out surveillance activities conducted at or near the international land borders of the United States to prevent illegal immigration. (b) Report Not later than 6 months after the date of enactment of this Act (and then annually from that point), the Secretary and the Secretary of Defense shall submit to Congress a report that contains— (1) a description of the current use of Department of Defense equipment to assist the Secretary in carrying out surveillance of the international land borders of the United States and assessment of the potential risks to citizens of the United States and key foreign policy interests associated with the use of such equipment; (2) the plan developed under subsection (a) to increase the use of Department of Defense equipment to assist such surveillance activities; and (3) a description of the types of equipment and other support to be provided by the Secretary of Defense under such plan during the 1-year period beginning on the date of the submission of the report. (c) Secure communication The secretary shall, as expeditiously as practicable, develop and implement a plan to improve the use of satellite communications and other technologies to ensure clear and secure 2-way communication capabilities— (1) among all Border Patrol agents conducting operations between ports of entry; (2) between Border Patrol agents and their respective Border Patrol stations; and (3) between all appropriate law enforcement agencies of the Department and State, local, and tribal law enforcement agencies. (d) Other technology upgrades The Secretary shall purchase and implement new technology to secure the borders, including, but not limited to drones, infrared cameras, sensors, mobile lighting units, radar and infrared heat. 305. Ensuring the safety of border patrol agents (a) Body armor The Secretary shall ensure that every agent on duty is issued high-quality body armor that is appropriate for the climate and risks faced by the agent. Enough body armor must be purchased to cover every agent in the field. (b) Weapons The Secretary shall ensure that agents are equipped with weapons, including long-guns, that are reliable and effective to protect themselves, their fellow agents, and innocent third parties from the threats posed by armed criminals. The Secretary shall ensure that the policies of the Department authorize all agents to carry weapons that are suited to the potential threats that they face, and that all agents receive appropriate training in the use of such weapons. | https://www.govinfo.gov/content/pkg/BILLS-113hr2124ih/xml/BILLS-113hr2124ih.xml |
113-hr-2125 | I 113th CONGRESS 1st Session H. R. 2125 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Shuster introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on Energy and Commerce , Education and the Workforce , the Judiciary , Natural Resources , and House Administration , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To prevent implementation and enforcement of Obamacare.
1. Short title This Act may be cited as the No IRS Implementation of Obamacare Act . 2. Findings Congress finds the following: (1) Between March 2010 and May 2012, the Internal Revenue Service (hereafter referred to as the IRS ) engaged in specific targeting of conservative groups that submitted 501(c)(4) applications. (2) IRS employees searched terms such as “patriots” and “tea party” and purposefully singled out these small-government organizations for additional scrutiny and delay. (3) The IRS sat on applications from over 75 conservative groups for months, and in some cases, even years while sending them exhaustive questionnaires delaying their approval for as long as possible. (4) This blatant breach of the public’s trust and misuse of taxpayer money runs counter to the core function of the IRS to collect taxes from U.S. citizens regardless of their political affiliations. (5) The IRS is responsible for implementing the tax increases of Obamacare. (6) The IRS will make the final decisions of who is eligible for subsidies after sharing taxpayer information with the Department of Health and Human Services. (7) A healthy democracy is one where people feel free to express their views, not one where Federal agencies discriminate based on political beliefs. 3. Prevention of implementation and enforcement of Obamacare by IRS The Secretary of the Treasury, or any delegate of the Secretary, shall not implement or enforce any provisions of Public Law 111–148 and Public Law 111–152 (other than subtitle A of title II thereof). 4. Prevention of use of taxpayer funds to implement or enforce Obamacare No taxpayer funds shall be used for the implementation or enforcement of Public Law 111–148 and Public Law 111–152 (other than subtitle A of title II thereof). | https://www.govinfo.gov/content/pkg/BILLS-113hr2125ih/xml/BILLS-113hr2125ih.xml |
113-hr-2126 | I 113th CONGRESS 1st Session H. R. 2126 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. McKinley (for himself and Mr. Welch ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To facilitate better alignment, cooperation, and best practices between commercial real estate landlords and tenants regarding energy efficiency in buildings, and for other purposes.
1. Short title This Act may be cited as the Better Buildings Act of 2013 . 2. Energy efficiency in Federal and other buildings (a) Definitions In this section: (1) Administrator The term Administrator means the Administrator of General Services. (2) Cost-effective energy efficiency measure The terms cost-effective energy efficiency measure and measure mean any building product, material, equipment, or service and the installing, implementing, or operating thereof, that provides energy savings in an amount that is not less than the cost of such installing, implementing, or operating. (b) Model provisions, policies, and best practices (1) In general Not later than 180 days after the date of enactment of this Act, the Administrator, in consultation with the Secretary of Energy and after providing the public with an opportunity for notice and comment, shall develop model leasing provisions and best practices in accordance with this subsection. (2) Commercial leasing (A) In general The model commercial leasing provisions developed under this subsection shall, at a minimum, align the interests of building owners and tenants with regard to investments in cost-effective energy efficiency measures to encourage building owners and tenants to collaborate to invest in such measures. (B) Use of model provisions The Administrator may use the model provisions developed under this subsection in any standard leasing document that designates a Federal agency (or other client of the Administrator) as a landlord or tenant. (C) Publication The Administrator shall periodically publish the model leasing provisions developed under this subsection, along with explanatory materials, to encourage building owners and tenants in the private sector to use such provisions and materials. (3) Realty services The Administrator shall develop policies and practices to implement cost-effective energy efficiency measures for the realty services provided by the Administrator to Federal agencies (or other clients of the Administrator), including periodic training of appropriate Federal employees and contractors on how to identify and evaluate those measures. (4) State and local assistance The Administrator, in consultation with the Secretary of Energy, shall make available model leasing provisions and best practices developed under this subsection to State, county, and municipal governments to manage owned and leased building space in accordance with the goal of encouraging investment in all cost-effective energy efficiency measures. 3. Separate spaces with high-performance energy efficiency measures Subtitle B of title IV of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17081 et seq. ) is amended by adding at the end the following: 424. Separate spaces with high-performance energy efficiency measures (a) Definitions In this section: (1) High-performance energy efficiency measure The term high-performance energy efficiency measure means a technology, product, or practice that will result in substantial operational cost savings by reducing energy consumption and utility costs. (2) Separate spaces The term separate spaces means areas within a commercial building that are leased or otherwise occupied by a tenant or other occupant for a period of time pursuant to the terms of a written agreement. (b) Study (1) In general Not later than 1 year after the date of enactment of this section, the Secretary, acting through the Assistant Secretary of Energy Efficiency and Renewable Energy, shall complete a study on the feasibility of— (A) significantly improving energy efficiency in commercial buildings through the design and construction, by owners and tenants, of separate spaces with high-performance energy efficiency measures; and (B) encouraging owners and tenants to implement high-performance energy efficiency measures in separate spaces. (2) Scope The study shall, at a minimum, include— (A) descriptions of— (i) high-performance energy efficiency measures that should be considered as part of the initial design and construction of separate spaces; (ii) processes that owners, tenants, architects, and engineers may replicate when designing and constructing separate spaces with high-performance energy efficiency measures; (iii) standards and best practices to achieve appropriate energy intensities for lighting, plug loads, pipe loads, heating, cooling, cooking, laundry, and other systems to satisfy the needs of the commercial building tenant; (iv) return on investment and payback analyses of the incremental cost and projected energy savings of the proposed set of high-performance energy efficiency measures, including consideration of tax and other available incentives; (v) models and simulation methods that predict the quantity of energy used by separate spaces with high-performance energy efficiency measures and that compare that predicted quantity to the quantity of energy used by separate spaces without high-performance energy efficiency measures but that otherwise comply with applicable building code requirements; (vi) measurement and verification platforms demonstrating actual energy use of high-performance energy efficiency measures installed in separate spaces, and whether such measures generate the savings intended in the initial design and construction of the separate spaces; (vii) best practices that encourage an integrated approach to designing and constructing separate spaces to perform at optimum energy efficiency in conjunction with the central systems of a commercial building; and (viii) any impact on employment resulting from the design and construction of separate spaces with high-performance energy efficiency measures; and (B) case studies reporting economic and energy saving returns in the design and construction of separate spaces with high-performance energy efficiency measures. (3) Public participation Not later than 90 days after the date of the enactment of this section, the Secretary shall publish a notice in the Federal Register requesting public comments regarding effective methods, measures, and practices for the design and construction of separate spaces with high-performance energy efficiency measures. (4) Publication The Secretary shall publish the study on the website of the Department of Energy. . 4. Tenant star program Subtitle B of title IV of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17081 et seq. ) (as amended by section 3) is amended by adding at the end the following: 425. Tenant star program (a) Definitions In this section: (1) High-performance energy efficiency measure The term high-performance energy efficiency measure has the meaning given the term in section 424. (2) Separate spaces The term separate spaces has the meaning given the term in section 424. (b) Tenant Star The Administrator of the Environmental Protection Agency, in consultation with the Secretary of Energy, shall develop a voluntary program within the Energy Star program established by section 324A of the Energy Policy and Conservation Act ( 42 U.S.C. 6294a ), which may be known as Tenant Star, to promote energy efficiency in separate spaces leased by tenants or otherwise occupied within commercial buildings. (c) Expanding survey data The Secretary of Energy, acting through the Administrator of the Energy Information Administration, shall— (1) collect, through each Commercial Buildings Energy Consumption Survey of the Energy Information Administration that is conducted after the date of enactment of this section, data on— (A) categories of building occupancy that are known to consume significant quantities of energy, such as occupancy by law firms, data centers, trading floors, restaurants, retail outlets, and financial services firms; and (B) other aspects of the property, building operation, or building occupancy determined by the Administrator of the Energy Information Administration, in consultation with the Administrator of the Environmental Protection Agency, to be relevant in lowering energy consumption; and (2) make data collected under paragraph (1) available to the public in aggregated form and provide such data, and any associated results, to the Administrator of the Environmental Protection Agency for use in accordance with subsection (d). (d) Recognition of owners and tenants (1) Occupancy-based recognition Not later than 1 year after the date on which the data described in subsection (c) is received, the Administrator of the Environmental Protection Agency shall, following an opportunity for public notice and comment— (A) in a manner similar to the Energy Star rating system, develop policies and procedures to recognize tenants in commercial buildings that voluntarily achieve high levels of energy efficiency in separate spaces; (B) establish building occupancy categories eligible for Tenant Star recognition based on the data collected under subsection (c)(1) and any associated results; and (C) consider other forms of recognition for commercial building tenants or other occupants that lower energy consumption in separate spaces. (2) Design- and construction-based recognition After the study required by section 424(b) is completed, the Administrator of the Environmental Protection Agency, in consultation with the Secretary and following an opportunity for public notice and comment, may develop a voluntary program to recognize commercial building owners and tenants that use high-performance energy efficiency measures in the design and construction of separate spaces. (e) Effect on Climate Change For purposes of this section, the impact on climate change shall not be a factor in determining energy efficiency of commercial building tenants. . | https://www.govinfo.gov/content/pkg/BILLS-113hr2126ih/xml/BILLS-113hr2126ih.xml |
113-hr-2127 | I 113th CONGRESS 1st Session H. R. 2127 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. McKinley (for himself, Mr. Rahall , Mrs. Capito , Mr. Johnson of Ohio , Mr. Olson , Mr. Latta , Mr. Griffith of Virginia , and Mr. Peterson ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To prohibit the Administrator of the Environmental Protection Agency from finalizing any rule imposing any standard of performance for carbon dioxide emissions from any existing or new source that is a fossil fuel-fired electric utility generating unit unless and until carbon capture and storage is found to be technologically and economically feasible.
1. No finalization of any standard of performance for carbon dioxide emissions from any existing or new fossil fuel-fired electric utility generating unit unless carbon capture and storage is technologically and economically feasible (a) In general The Administrator of the Environmental Protection Agency shall not finalize any rule imposing any standard of performance under section 111 of the Clean Air Act ( 42 U.S.C. 7411 ) for emissions of carbon dioxide from any existing or new source that is a fossil fuel-fired electric utility generating unit unless and until— (1) the Administrator determines in accordance with such section 111 that carbon capture and storage is the best system of emission reduction which (taking into account the cost of achieving such reduction and any nonair health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated; and (2) carbon capture and storage is found to be technologically and economically feasible for fossil fuel-fired electric utility generating units in a report that is published in the Federal Register, and submitted to the Congress, by at least three of the following four officials: (A) The Administrator of the Energy Information Administration. (B) The Comptroller General of the United States. (C) The Director of the National Energy Technology Laboratory. (D) The Under Secretary of Commerce for Standards and Technology. (b) Prohibition against combined source category In proposing or finalizing any rule imposing any standard of performance under section 111 of the Clean Air Act ( 42 U.S.C. 7411 ) for emissions of carbon dioxide from any existing or new source that is a fossil fuel-fired electric utility generating unit, the Administrator of the Environmental Protection Agency shall not combine in the same category of stationary sources— (1) electric utility steam generating units subject to subpart Da of part 60, title 40, Code of Federal Regulations (as in effect on the date of the enactment of this Act); and (2) combined cycle electric generating units subject to subpart KKKK of such part (as in effect on such date). (c) Definitions In this section: (1) The term economically feasible means the present discounted value of the revenue from the projected sale of electricity from a generating unit in a competitive market over the life of a unit that employs carbon capture and storage exceeds the present discounted value of the cost of the unit, including costs associated with any energy required to capture, compress, transport, and store carbon dioxide. (2) The terms existing source and new source have the meanings given such term in section 111(a) of the Clean Air Act ( 42 U.S.C. 7411(a) ). (3) The term technologically feasible refers to the demonstrated operation of carbon capture and storage technologies integrated with power production at an appropriate scale to ensure safe and reliable production of electricity with capture and storage on a widespread geographic basis. | https://www.govinfo.gov/content/pkg/BILLS-113hr2127ih/xml/BILLS-113hr2127ih.xml |
113-hr-2128 | I 113th CONGRESS 1st Session H. R. 2128 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. McKinley (for himself and Mr. Welch ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the 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 provide for the establishment of a Home Energy Savings Retrofit Rebate Program, and for other purposes.
1. Short title This Act may be cited as the Home Owner Managing Energy Savings Act of 2013 or the HOMES Act . 2. Definitions In this Act: (1) BPI The term BPI means the Building Performance Institute. (2) Electric utility The term electric utility means any company, person, cooperative, State, or Indian tribe agency that delivers or sells electric energy at retail, including nonregulated utilities, utilities that are subject to State or Indian tribe rate regulation, and Federal power marketing administrations. (3) Federal rebate processing system The term Federal Rebate Processing System means the Federal Rebate Processing System established under section 3(b). (4) Home The term home means a residential dwelling unit in a building with no more than 4 dwelling units that— (A) is located in the United States; (B) was constructed before the date of enactment of this Act; and (C) is occupied at least 6 months out of each of the 2 years immediately preceding the application for a rebate under this Act. (5) Home energy savings retrofit rebate program The term Home Energy Savings Retrofit Rebate Program means the Home Energy Savings Retrofit Rebate Program established under section 3(a). (6) Homeowner The term homeowner means the owner of an owner-occupied home or a tenant-occupied home. (7) Indian tribe The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). (8) Natural gas utility The term natural gas utility means any company, person, cooperative, State or local governmental agency or instrumentality, or Indian tribe that transports, distributes, or sells natural gas at retail. (9) Qualified contractor The term qualified contractor means a residential energy efficiency contractor that meets minimum applicable requirements established under section 4. (10) Qualified home energy efficiency retrofit The term qualified home energy efficiency retrofit means a retrofit described in section 8(d). (11) Quality assurance program The term quality assurance program means a program established under this Act, or recognized by the Secretary under this Act, to oversee the delivery of home efficiency retrofit programs to ensure that work is performed in accordance with standards and criteria established under this Act. Delivery of retrofit programs includes delivery of quality assurance reviews of rebate applications and field inspections. (12) Quality assurance provider The term quality assurance provider means any entity that meets the minimum applicable requirements established under section 6(b). (13) Rebate aggregator The term rebate aggregator means an entity that meets the requirements of section 5. (14) Resnet The term RESNET means the Residential Energy Services Network, which is a nonprofit certification and standard setting organization for home energy raters that evaluate the energy performance of a home and Energy Smart Contractors that make energy improvements to the home. (15) Secretary The term Secretary means the Secretary of Energy. (16) State The term State means— (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; (D) Guam; (E) American Samoa; (F) the Commonwealth of the Northern Mariana Islands; (G) the United States Virgin Islands; and (H) any other territory or possession of the United States. 3. Home Energy Savings Retrofit Rebate Program (a) In general The Secretary shall establish the Home Energy Savings Retrofit Rebate Program. (b) Federal rebate processing system (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Secretary of the Treasury, shall— (A) establish a Federal Rebate Processing System which shall serve as a database and information technology system that will allow rebate aggregators to submit claims for reimbursement using standard data protocols; (B) establish a national retrofit Web site that provides information on the Home Energy Savings Retrofit Rebate Program, including— (i) how to determine whether particular efficiency measures are eligible for rebates; and (ii) how to participate in the program; and (C) make available model forms for demonstrating compliance with all applicable requirements of this Act, which shall be required to be submitted by— (i) each qualified contractor on completion of an eligible home energy retrofit; and (ii) each quality assurance provider on completion of field verification. (2) Model forms In carrying out paragraph (1)(C), the Secretary shall consider the model forms developed by the National Home Performance Council, Inc. If the Secretary does not adopt these forms, the Secretary shall convene a group of stakeholders that are directly and materially affected by the Program to develop the final forms. 4. Contractors (a) Contractor qualifications A contractor may perform retrofit work under the Home Energy Savings Retrofit Rebate Program in a State if the contractor— (1) meets all applicable contractor licensing requirements established by the State; (2) is— (A) accredited by— (i) BPI as an Accredited Contractor; (ii) RESNET as an Energy Smart Home Performance Team; (iii) the Air Conditioning Contractors of America as a QA Home Performance Contractor; (iv) a State-based certification program established to carry out State energy, clean air, or environmental programs; or (v) an equivalent certification program approved by the Secretary for this purpose; or (B) the general contractor, that— (i) subjects the energy efficiency retrofit to a review and quality assurance inspection by a third party approved by the Department of Energy for performing quality assurance inspections; and (ii) employs, or otherwise utilizes subcontractors who employ, individuals to complete individual or comprehensive scopes of work related to the energy efficiency retrofit who are certified by— (I) BPI; (II) RESNET; (III) North American Technical Excellence; (IV) the Air Conditioning Contractors of America; (V) the Laborers International Union of North America; (VI) a regional or State Department of Energy Weatherization Training Center; or (VII) other contractor or worker certification programs approved by the Secretary; (3) holds insurance coverage of at least $1,000,000 for general liability, and for such other purposes and in such other amounts as required by the State; and (4) provides warranties to the homeowner that completed work will— (A) be free of significant defects; (B) be installed in accordance with the specifications of the manufacturer, and all applicable State and local codes; and (C) perform properly for a period of at least 1 year after the date of completion of the work. (b) Agreement between contractor and homeowner A contractor who performs retrofit work under the Home Energy Savings Retrofit Rebate Program must sign a written or electronic contract with the homeowner that includes— (1) an agreement to not increase the cost of the home improvement as a result of the rebates received under this Act with respect to physical improvements made to the home; (2) if the contractor and homeowner choose the transferable rebate option authorized under section 7, an agreement to provide the homeowner, before a contract is executed between the contractor and the homeowner covering the eligible work, a notice of the rebate amount the contractor intends to apply for with respect to eligible work under this Act; and (3) an acknowledgement that the homeowner— (A) has reviewed the national retrofit Web site for the program; (B) understands the scope of work intended to be completed and that such work may be eligible for a rebate under the program; and (C) understands that the rebate funds are fully subject to availability from the Department or Rebate Aggregator and not within the control of the contractor. 5. Rebate aggregators (a) In general The Secretary shall develop a network of rebate aggregators or a national rebate aggregator that can facilitate the delivery of rebates to participating homeowners or contractors by— (1) reviewing the proposed rebate application for completeness and accuracy; (2) reviewing measures for eligibility in accordance with this Act; (3) providing data to the Federal Rebate Processing System consistent with data protocols established by the Secretary; and (4) as soon as practicable but not later than 30 days after the date of receipt, distributing funds received from the Department of Energy to homeowners or contractors. (b) Eligibility To be eligible to apply to the Secretary for approval as a rebate aggregator, an entity shall be— (1) a Home Performance with Energy Star program sponsor; (2) an entity administering a residential or building energy efficiency retrofit program, solar program, or other such program impacting energy efficiency in homes established or approved by a State or local government; (3) a Federal power marketing administration, an electric utility, or a natural gas utility that has— (A) a residential energy efficiency retrofit program; and (B) a quality assurance provider or provider network; or (4) an entity that demonstrates to the Secretary that the entity can perform the functions of a rebate aggregator, without disrupting existing residential retrofits in the States that are incorporating the Home Energy Savings Retrofit Rebate Program, including demonstration of— (A) the capability to provide electronic data to the Federal Rebate Processing System; (B) a financial system that is capable of tracking the distribution of rebates to participating contractors; and (C) coordination and cooperation by the entity with the appropriate State energy office regarding participation in the existing energy efficiency programs that will be delivering the Home Energy Savings Retrofit Rebate Program. (c) Public utility commission efficiency targets The Secretary shall— (1) develop guidelines for States and local governments to use to allow utilities participating as rebate aggregators to count the energy savings from the participation of the utilities toward State and local level energy savings targets; and (2) work with States and local governments to assist in the adoption of those guidelines for the purposes and duration of the Home Energy Savings Retrofit Rebate Program. 6. Quality assurance providers (a) Qualifications An entity shall be considered a quality assurance provider under this Act only if the entity is qualified through— (1) the BPI; (2) RESNET; or (3) any other entity designated by the Secretary such as a State or local government or a residential energy efficiency retrofit program approved by a State or local government. (b) Functions A quality assurance provider shall— (1) be independent of the contractor; (2) confirm that contractors or installers of home energy efficiency retrofits meet the qualification requirements of this Act; and (3) perform field inspections to confirm the compliance of the retrofit work and the simulated energy savings under the Home Energy Savings Retrofit Rebate Program. 7. Transferability of home energy savings rebate A homeowner may transfer the rebate provided under the Home Energy Savings Retrofit Rebate Program to the contractor performing the retrofit work if the contractor completes a form that accompanies the rebate form developed under section 3(b). This form, to be made publically available by the Secretary 90 days after the date of enactment of this Act, must be approved by paper signature or electronically by the homeowner and include— (1) the amount of the rebate the contractor will submit for disbursement to the contractor; (2) the level of energy use reduction of the home retrofit certified under section 8(e)(4), and assurance that the contractor will provide the certificate to the homeowner within 30 days of receipt from the Department of Energy; (3) a documentation report of the retrofit performed and paid by the homeowner; and (4) confirmation from the homeowner that they understand they have the right to submit directly for the rebate and have chosen to transfer the credit in full to the contractor. 8. Home Energy Savings Retrofit Rebate Program (a) In general If a qualified home energy efficiency retrofit of a home is carried out after January 1, 2014, by a qualified contractor in accordance with this section, rebates shall be awarded for retrofits that achieve home energy savings in accordance with this Act. (b) Amount of rebates (1) In general Subject to subsection (e), the amount of a rebate provided to the owner of a home or a designee of the owner under this section shall be— (A) $2,000 for a 20–24 percent reduction in home energy use; (B) $3,000 for a 25–29 percent reduction in home energy use; (C) $4,000 for a 30–34 percent reduction in home energy use; (D) $5,000 for a 35–39 percent reduction in home energy use; (E) $6,000 for a 40–44 percent reduction in home energy use; (F) $7,000 for a 45–49 percent reduction in home energy use; and (G) $8,000 for a 50 percent or more reduction in home energy use. (2) Rebate payment (A) In general The rebate shall be paid, based on energy savings as calculated under subsection (e), within 60 days after— (i) submission of the required rebate forms; and (ii) the completion of any quality assurance assessment required under subparagraph (B). (B) Quality assurance assessments The Secretary shall establish a schedule of required quality assurance assessments. In the first year of the program, the first 10 homes retrofit by each contractor and then 60 percent of all future homes shall be required to have a quality assurance assessment. The Secretary shall establish a cost effective schedule of required quality assurance assessments for subsequent years based on performance under the program. (3) Limitation In no event shall the amount of rebates under this subsection exceed— (A) $10,000 with respect to any individual; or (B) 50 percent of the qualified home energy efficiency expenditures paid or incurred by the homeowner under subsection (c). (c) Qualified home energy efficiency expenditures For purposes of this section, the term qualified home energy efficiency expenditures — (1) means any amount paid or incurred by a homeowner for a qualified home energy efficiency retrofit, including the cost of diagnostic procedures, labor, reporting, and modeling; and (2) does not include— (A) improvements to swimming pools or hot tubs; or (B) any amount paid or incurred to purchase or install a biomass, wood, or wood pellet furnace, boiler, or stove, unless the system— (i) is designed to meet at least 70 percent of the heating demands of the home; (ii) in the case of woodstoves, is certified by the Environmental Protection Agency; (iii) in the case of a wood stove replacement, replaces an existing wood stove with a stove that is certified by the Environmental Protection Agency, if a voucher is provided by the installer or other responsible party certifying that the old stove has been removed and made inoperable; (iv) in the case of a furnace or boiler, is in a home with a distribution system (such as piping, ducts, vents, blowers, or affixed fans) that allows heat from the furnace or boiler to reach all or most parts of the home; and (v) is certified by an independent test laboratory approved by the Secretary as having— (I) thermal efficiency (with a high heating value) of at least 75 percent for stoves and 80 percent for furnaces and boilers; (II) particulate emissions of less than 3.0 grams per hour for wood stoves or pellet stoves; and (III) less than 0.07 lbs per million BTU for outdoor boilers and furnaces. (d) Qualified home energy efficiency retrofit (1) In general A qualified home energy efficiency retrofit is a retrofit that implements measures, during a rebate-eligible year in the existing principal residence of the homeowner which is located in the United States, intended to reduce the energy use of such residence. A qualified home energy efficiency retrofit shall— (A) be implemented and installed by a qualified contractor; (B) install a set of measures modeled to achieve a reduction in home energy use of 20 percent or more from the baseline established under subparagraph (C), using computer modeling software approved under paragraph (2); (C) establish the baseline energy use as provided in subsection (e)(1)(C); (D) implement a test-out procedure, following guidelines of the applicable accrediting program described in section 4(a)(2) (A), (B), or (C), or equivalent guidelines approved by the Secretary for this purpose, to ensure— (i) the safe operation of all systems post retrofit; and (ii) that all improvements are included in, and have been installed according to— (I) standards of the applicable accrediting program described in section 4(a)(2) (A), (B), or (C); (II) manufacturers installation specifications; and (III) all applicable State and local codes or equivalent standards approved by the Secretary for this purpose; (E) include only measures that have an average estimated life of 5 years or more as determined by the Secretary; (F) not include any amount which is paid or incurred in connection with any expansion of the square footage of the residence; and (G) not include improvements to swimming pools or hot tubs or any other expenditure specifically excluded by the Secretary. (2) Approved modeling software The contractor shall use modeling software certified by RESNET as following the software verification test suites in section 4.2.1 of RESNET Publication No. 13–001, or under equivalent standards approved by the Secretary for this purpose, and shall have the ability at a minimum to assess the savings associated with all the measures for Home Energy Savings Retrofit Rebate Program. (3) Exception For purposes of paragraph (1)(D)(ii), installation of gas-fired appliances shall comply with requirements of the National Fuel Gas Code (ANSI Z223.1/NFPA 54) and applicable installation requirements in lieu of performance of combustion tests outside those required by the National Fuel Gas Code (2012 Edition) and the International Fuel Gas Code (2012 Edition). (e) Energy use reduction (1) Determination of energy use reduction (A) In general The reduction in energy use for any residence shall be determined by modeling the annual predicted percentage reduction in total energy consumption or costs for heating, cooling, hot water, and permanent lighting. It shall be modeled using computer modeling software approved under subsection (d)(2) and calibrated according to subparagraph (C) of this paragraph. (B) Energy costs For the purposes of subparagraph (A), the energy cost per unit of fuel for each fuel type shall be determined by dividing the total actual energy bill (subtracting taxes and fees) for the residence for that fuel type for the most recent available 12-month period by the total energy units of that fuel type used over the same period. (C) Baseline energy use For the purposes of subparagraph (A), the software model that establishes the baseline energy use and predicted energy savings shall be calibrated according to the procedures set forth in sections 3 and 4 of ANSI/BPI Standard BPI–2400–S–2012: Standard Practice for Standardized Qualification of Whole-House Energy Savings Predictions by Calibration to Energy Use History, or an equivalent standard approved by the Secretary for this purpose. (2) Documentation The percent improvement in energy consumption calculated under this section shall be documented through modeling software described in subsection (d)(2). (3) Monitoring The Secretary— (A) shall periodically evaluate the software packages used for determining rebates under this section; (B) shall monitor and compare the predictions to the real energy data, and based on the results, create performance criteria to allow or disallow the software; and (C) may disallow the use of software programs that improperly assess energy savings. (4) Certificate of retrofit performance The Secretary shall establish a system for distribution of a certificate of performance with the issuance of a rebate that certifies the predicted level of energy use reduction achieved by the retrofit. The certificate will be provided to the rebate recipient. If the recipient is the contractor under the terms of section 7, the contractor shall remit the certificate to the homeowner, to be delivered or postmarked not later than 30 days after the contractor’s receipt of the certificate. (5) Exception The Secretary shall not utilize the authority provided under this Act to— (A) develop, adopt, or implement a public labeling system that rates and compares the energy performance of one home with another; or (B) require the public disclosure of an energy performance evaluation or rating developed for any specific home. Nothing in this paragraph shall preclude the computation, collection, or use, by the Secretary, rebate aggregators, or quality assurance providers, or the States or Indian tribes, for the purposes of gathering information on the rating and comparison of the energy performance of homes with and without energy efficiency retrofits. (f) Qualification for rebate On submission of a claim for a retrofit rebate by a rebate aggregator to the system established under section 5, the Secretary shall provide reimbursement to the rebate aggregator, if— (1) the retrofit is a qualified home energy efficiency retrofit; (2) the amount of the reimbursement is not more than the amount described in subsection (b); (3) documentation required to verify the claim is transmitted with the claim; and (4) any quality assurance assessment required under subsection (b)(2)(B) has been completed. (g) Homeowner complaints (1) In general A homeowner may make a complaint under the quality assurance program during the 1-year warranty period that compliance with the quality assurance requirements of this section has not been achieved. (2) Verification (A) In general The quality assurance program shall provide that, on receiving a complaint under paragraph (1), an independent quality assurance provider shall conduct field verification on the retrofit work performed by the contractor. (B) Administration A verification under this paragraph shall be corrected in accordance with subsection (f)(4). (h) Audits (1) In general On making payment for a submission under this section, the Secretary shall review rebate requests to determine whether program requirements were met in all respects. (2) Incorrect payment On a determination of the Secretary under paragraph (1) that a payment was made incorrectly to a party, the Secretary may— (A) recoup the amount of the incorrect payment; or (B) withhold the amount of the incorrect payment from the next payment made to the party pursuant to a subsequent request. (i) Incentives The amount of incentives that the Secretary may provide to quality assurance providers and rebate aggregators under this Act shall be— (1) $25 for each rebate review and submission provided under the program; (2) $250 for each field inspection conducted under the program; or (3) such other amounts as the Secretary considers necessary to carry out the quality assurance provisions of this Act. 9. Grants to States and Indian tribes (a) In general A State or Indian tribe that receives a grant under subsection (d) shall be permitted to use the grant for— (1) administrative costs; (2) oversight of quality assurance plans; (3) development of a quality assurance program; (4) establishment and delivery of financing pilots in accordance with this Act; (5) coordination with existing residential retrofit programs and infrastructure development to assist deployment of the Home Energy Savings Retrofit Rebate Program; and (6) the costs of carrying out the responsibilities of the State or Indian tribe under the Home Energy Savings Retrofit Rebate Program. (b) Initial grants Not later than 60 days after receipt of a completed application for a grant under this section, the Secretary shall either make the grant or provide to the applicant an explanation for denying the grant. (c) Indian tribes The Secretary shall reserve an appropriate amount of funding to be made available to carry out this section for each fiscal year to make grants available to Indian tribes under this section. (d) State allotments From the amounts made available to carry out this section for each fiscal year remaining after the reservation required under subsection (c), the Secretary shall make grants available to States in accordance with section 15. (e) Quality assurance programs (1) In general A State or Indian tribe may use a grant made under this section to carry out a quality assurance program that is— (A) operated as part of a State or local government approved energy conservation plan established under part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.); (B) managed by the office or the designee of the office that is— (i) responsible for the development of the plan under section 362 of that Act ( 42 U.S.C. 6322 ); and (ii) to the maximum extent practicable conducting an existing energy efficiency program; and (C) in the case of a grant made to an Indian tribe, managed by an entity designated by the Indian tribe to carry out a quality assurance program or a national quality assurance program manager. (2) Noncompliance If the Secretary determines that a State or Indian tribe has not provided or cannot provide adequate oversight over a quality assurance program to ensure compliance with this Act, the Secretary may— (A) withhold further quality assurance funds from the State or Indian tribe; and (B) require that quality assurance providers operating in the State or by the Indian tribe be overseen by a national quality assurance program manager selected by the Secretary. (f) Implementation A State or Indian tribe that receives a grant under this section may implement a quality assurance program through the State, the Indian tribe, or a third party designated by the State or Indian tribe, including— (1) an energy service company; (2) an electric utility; (3) a natural gas utility; (4) a third-party administrator designated by the State or Indian tribe; or (5) a unit of local government. (g) Public-Private partnerships A State or Indian tribe that receives a grant under this section is encouraged to form partnerships with utilities, energy service companies, and other entities— (1) to assist in marketing a program; (2) to facilitate consumer financing; (3) to assist in implementation of the Home Energy Savings Retrofit Rebate Program, including installation of qualified home energy efficiency retrofits; and (4) to assist in implementing quality assurance programs. (h) Coordination of rebate and existing State-Sponsored programs (1) In general A State or Indian tribe shall, to the maximum extent practicable, prevent duplication through coordination of a program authorized under this Act with— (A) the Energy Star appliance rebates program authorized under the American Recovery and Reinvestment Act of 2009 ( Public Law 111–5 ; 123; Stat. 115); and (B) comparable programs planned or operated by States, political subdivisions, electric and natural gas utilities, Federal power marketing administrations, and Indian tribes. (2) Existing programs In carrying out this subsection, a State or Indian tribe shall— (A) give priority to— (i) comprehensive retrofit programs in existence on the date of enactment of this Act, including programs under the supervision of State utility regulators; and (ii) using funds made available under this Act to enhance and extend existing programs; and (B) seek to enhance and extend existing programs by coordinating with administrators of the programs. 10. Quality assurance program (a) In general As part of a grant application described in section 9(b), a State or Indian tribe shall submit to the Secretary a plan to implement a quality assurance program that covers all federally assisted residential efficiency retrofit work administered, supervised, or sponsored by the State or Indian tribe. (b) Implementation The State or Indian tribe shall— (1) develop a quality assurance program in consultation with industry stakeholders, including representatives of efficiency program managers, contractors, and environmental, energy efficiency, and labor organizations; and (2) implement the quality assurance program not later than 180 days after receipt of a grant under section 9. (c) Components The quality assurance program established under this section shall include— (1) maintenance of a list of qualified contractors authorized to perform such retrofit work as described in section 4; and (2) non-binding targets and realistic plans for— (A) the recruitment of small minority-owned or women-owned business enterprises; and (B) the employment of graduates of training programs that primarily serve low-income populations with a median income that is below 200 percent of the poverty line (as defined in section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) ), including any revision required by that section) by participating contractors. (d) Noncompliance If the Secretary determines that a State or Indian tribe has not taken the steps required under this section, the Secretary shall provide to the State or Indian tribe a period of at least 90 days to comply before suspending the participation of the State or Indian tribe in the program. 11. Evaluation report to Congress (a) In general Not later than 1 year after the date of enactment of this Act and annually thereafter until the termination of the program under this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the use of funds under this Act. (b) Contents The report submitted under subsection (a) shall evaluate— (1) how many eligible participants have participated in the program; (2) how many jobs have been created through the program, directly and indirectly; (3) what steps could be taken to promote further deployment of energy efficiency and renewable energy retrofits; (4) the quantity of verifiable energy savings, homeowner energy bill savings, and other benefits of the program; (5) any waste, fraud, or abuse with respect to such funds; and (6) any other information the Secretary considers appropriate. (c) Noncompliance The Secretary shall require rebate aggregators, States, and Indian tribes to provide the information required to enable the Secretary to carry out this section. If the Secretary determines that a rebate aggregator, State, or Indian tribe has not provided such information on a timely basis, the Secretary shall provide to the rebate aggregator, State, or Indian tribe a period of at least 90 days to provide any necessary information, subject to withholding of funds or reduction of future grant amounts, or decertification of rebate aggregators. 12. Administration (a) In general Subject to section 15(b), not later than 30 days after the date of enactment of this Act, the Secretary shall provide such administrative and technical support to rebate aggregators, States, and Indian tribes as is necessary to carry out this Act. (b) Appointment of personnel Notwithstanding the provisions of title 5, United States Code, governing appointments in the competitive service and General Schedule classifications and pay rates, the Secretary may appoint such professional and administrative personnel as the Secretary considers necessary to carry out this Act. (c) Rate of pay The rate of pay for a person appointed under subsection (b) shall not exceed the maximum rate payable for GS–15 of the General Schedule under chapter 53 of title 5, United States Code. (d) Consultants Notwithstanding section 303 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253), the Secretary may retain such consultants on a noncompetitive basis as the Secretary considers necessary to carry out this Act. (e) Contracting In carrying out this Act, the Secretary may waive all or part of any provision of the Competition in Contracting Act of 1984 ( Public Law 98–369 ; 98 Stat. 1175), an amendment made by that Act, or the Federal Acquisition Regulation on a determination that circumstances make compliance with the provisions contrary to the public interest. (f) Information collection The Secretary shall establish, and make available to homeowners, or the homeowner’s designated representative, seeking a rebate under this Act, release forms authorizing access by the Secretary, or the Secretary’s designated third party representative, to information in the utility bills of the homeowner. The form shall not include the homeowner’s name, address, or social security number, or any other personal identifying information designated by the Secretary. 13. Treatment of rebates (a) In general For purposes of the Internal Revenue Code of 1986, rebates received for a qualified home energy efficiency retrofit under this Act— (1) shall not be considered taxable income to a homeowner; and (2) shall prohibit the consumer from applying for a tax credit allowed under section 25C or 25D of that Code for the same retrofit work performed in the home of the homeowner, unless the work is additional, and not included in the rebate baseline. (b) Notice (1) In general A participating contractor shall provide notice to a homeowner of the provisions of subsection (a) before eligible work is performed in the home of the homeowner. (2) Notice in rebate form A homeowner shall be notified of the provisions of subsection (a) in the appropriate rebate form developed by the Secretary, in consultation with the Secretary of the Treasury. 14. Penalties (a) In general It shall be unlawful for any person to violate this Act (including any regulation issued under this Act), other than a violation as the result of a clerical error. (b) Civil penalty In addition to any penalty applicable under other Federal law for fraud or other crimes, any person who commits a violation of this Act shall be liable to the United States for a civil penalty in an amount that is not more than the higher of— (1) $15,000 for each violation; or (2) 3 times the value of any associated rebate under this Act. (c) Administration The Secretary may— (1) assess and compromise a penalty imposed under subsection (b); and (2) require from any entity the records and inspections necessary to enforce this Act. 15. Funding (a) Authorization of appropriations (1) In general There are authorized to be appropriated to the Secretary to carry out this Act $500,000,000 for each of fiscal years 2014 through 2017, to remain available until expended. (2) Maintenance of funding Funds provided under this section shall supplement and not supplant any Federal and State funding provided to carry out energy efficiency programs in existence on the date of enactment of this Act. (b) Grants to States (1) In general Of the amounts provided under subsection (a), not more than 6 percent shall be used to carry out section 9. (2) Distribution to state energy offices Not later than 45 days after the date of enactment of this Act, the Secretary shall determine a formula to provide funds described in paragraph (1) to State energy offices, in accordance with the allocation formula for State energy conservation plans established under part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.). (c) Tracking of rebates and expenditures Of the amount provided under subsection (a), not more than 2.5 percent are authorized to be appropriated to the Secretary to be used for costs associated with tracking rebates and expenditures through the Federal Rebate Processing System under this Act, technical assistance to States, and related administrative costs incurred by the Secretary. (d) Program review and backstop funding (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall perform a State-by-State analysis and review the distribution of Home Energy Savings Retrofit Rebates under this Act. (2) Adjustment The Secretary may allocate technical assistance funding to assist States that have not sufficiently benefitted from the Home Energy Savings Retrofit Rebate Program. (e) Return of undisbursed funds If the Secretary has not disbursed all the funds available for rebates under the Home Energy Savings Retrofit Rebate Program by September 30, 2017, any undisbursed funds shall be returned to the Treasury. | https://www.govinfo.gov/content/pkg/BILLS-113hr2128ih/xml/BILLS-113hr2128ih.xml |
113-hr-2129 | I 113th CONGRESS 1st Session H. R. 2129 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Cummings (for himself, Mr. Tierney , and Ms. Shea-Porter ) introduced the following bill; which was referred to the Committee on Education and the Workforce , 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 the Defense Base Act to require the provision of insurance under that Act under a Government self-insurance program, and to require an implementation strategy for such self-insurance program.
1. Short title This Act may be cited as the Defense Base Act Insurance Improvement Act of 2013 . 2. Requirement for use of Government self-insurance program for insurance under Defense Base Act Section 1 of the Defense Base Act ( 42 U.S.C. 1651 ) is amended by adding at the end the following new subsection: (g) Transition to Government self-Insurance program (1) In general On the effective date of this subsection, the requirements in paragraphs (1) through (6) of subsection (a) imposed on contractors to secure the payment of compensation and other benefits under the provisions of this Act and to maintain in full force and effect such security for the payment of such compensation and benefits shall, for injuries sustained after such effective date, be satisfied through the Government Defense Base Act self-insurance program. (2) Government Defense Base Act self-insurance program defined In this subsection, the term Government Defense Base Act self-insurance program means a self-insurance program developed in the implementation strategy required by section 3 of the Defense Base Act Insurance Improvement Act of 2013 and under which— (A) compensation and benefits for injuries sustained are satisfied directly by the Government, without action of the contractor (or subcontractor or subordinate contractor with respect to such contractor); and (B) compensation and benefits are funded by the agencies whose contracts are affected. (3) Effective date The effective date of this subsection is the date occurring one year after the date of the enactment of the Defense Base Act Insurance Improvement Act of 2013 . . 3. Implementation strategy for Government Defense Base Act self-insurance program (a) Requirement The Secretary of Defense and the Secretary of Labor shall jointly develop and execute an implementation strategy for a self-insurance program for insurance required by the Defense Base Act (42 U.S.C. 1651 et seq.). (b) Matters covered The implementation strategy required under subsection (a) shall address and provide a plan for the following: (1) Appropriate administration of the self-insurance program, including appropriate program financing. (2) Appropriate procedures for claims processing, claims adjudication, and benefits delivery, taking into consideration the unique circumstances of insuring overseas contractors. (3) A timeline and strategy to transfer existing claims covered under the Defense Base Act ( 42 U.S.C. 1651 et seq. ) and the War Hazards Compensation Act (42 U.S.C. 1701 et seq.) by private carriers to a Government self-insurance program. (4) Recommendations for any additional statutory revisions necessary to carry out the strategy. (c) Report and deadline Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Labor shall jointly prepare and submit to the appropriate congressional committees a report on the implementation strategy. 4. Report (a) Report requirement Not later than 2 years after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Labor shall jointly prepare a report on the implementation of this Act and the amendment made by this Act. (b) Matters covered The report shall cover, at a minimum, the following with respect to the Government Defense Base Act self-insurance program (as defined in the amendment made by section 2): (1) The cost savings from the use of the self-insurance program. (2) The quality of administration of the self-insurance program. (3) Whether the delivery of benefits to injured employees and their survivors (in the case of death) has improved under the self-insurance program. (4) Recommendations for improvement of the self-insurance program. (5) Such other matters as the Secretaries consider appropriate. 5. Definition of congressional committees In this Act, the term appropriate congressional committees means the following: (1) The Committees on Armed Services of the Senate and the House of Representatives. (2) The Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives. | https://www.govinfo.gov/content/pkg/BILLS-113hr2129ih/xml/BILLS-113hr2129ih.xml |
113-hr-2130 | I 113th CONGRESS 1st Session H. R. 2130 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Cartwright (for himself, Ms. Hahn , Mr. Grijalva , Mr. Rangel , Ms. Lee of California , Mr. Rush , Mr. Conyers , Mr. Ryan of Ohio , Mr. Hastings of Florida , Ms. Norton , Mr. Carson of Indiana , Mr. Brady of Pennsylvania , Mr. Holt , Mr. Capuano , Ms. Shea-Porter , Ms. McCollum , Mr. Payne , Mr. Huffman , Mr. Ben Ray Luján of New Mexico , Mr. Kilmer , Ms. Eddie Bernice Johnson of Texas , Ms. Roybal-Allard , and Mr. Polis ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to provide grants for treatment of heroin, cocaine, methamphetamine, 3,4-methylenedioxymethamphetamine (ecstasy), and phencyclidine (PCP) abuse, and for other purposes.
1. Short title This Act may be cited as the Access to Substance Abuse Treatment Act of 2013 . 2. Purpose It is the purpose of this Act to— (1) reduce crime and improve public safety by making treatment for heroin, cocaine, methamphetamine, 3,4-methylenedioxymethamphetamine (ecstasy), and phencyclidine (PCP) abuse available to every American who needs it; (2) keep families together by encouraging alternatives to incarceration for nonviolent drug law offenses; (3) help identify root causes and most effective treatment methods for heroin, cocaine, methamphetamine, 3,4-methylenedioxymethamphetamine, and phencyclidine abuse; and (4) expand research into cutting-edge treatment methods for stimulant abuse. 3. Heroin, cocaine, methamphetamine, 3,4-methylenedioxymethamphetamine (ecstasy), and phencyclidine (PCP) treatment and wrap-around programs Subpart 1 of part B of title V of the Public Health Service Act is amended— (1) redesignating the second section 514 (relating to methamphetamine and amphetamine treatment) as section 514B; and (2) adding at the end the following new sections: 514C. Initiative to increase heroin, cocaine, methamphetamine, ecstasy, and PCP treatment capacity (a) In general The Secretary may make grants to State, local, and tribal governments for the purpose of increasing the availability of treatment for heroin, cocaine, methamphetamine, 3,4-methylenedioxymethamphetamine (ecstasy), and phencyclidine (PCP) abuse. (b) Requirements (1) In general To seek a grant under subsection (a) , a State, local, or tribal government shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require. (2) Use of grant funds The grants made under subsection (a) may only be used to— (A) build treatment centers; (B) expand existing treatment centers; (C) hire treatment professionals; (D) provide training and education to substance abuse professionals, medical professionals, and educators related to the treatment of heroin, cocaine, methamphetamine, 3,4-methylenedioxymethamphetamine, and phencyclidine abuse; and (E) engage in other activities that the Secretary has determined are relevant to the purpose of the grants under subsection (a) . (c) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section for fiscal years 2014 through 2018. 514D. Heroin, cocaine, methamphetamine, ecstasy, and PCP abuse treatment vouchers for underserved populations (a) In general The Secretary may make grants to State, local, and tribal governments and nonprofit entities to provide vouchers to individuals in underserved populations for authorized services related to the treatment of such individuals for heroin, cocaine, methamphetamine, 3,4-methylenedioxymethamphetamine (ecstasy), and phencyclidine (PCP) abuse. (b) Requirements (1) Application To seek a grant under subsection (a) , a State, local, or tribal government or a nonprofit entity shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require, including a description of the method that such State, government, or entity will use— (A) to identify individuals who would benefit from treatment for heroin, cocaine, methamphetamine, 3,4-methylenedioxymethamphetamine, or phencyclidine abuse; (B) to identify if such individuals are in underserved populations; and (C) to provide vouchers to such individuals in such populations. (2) Preservation of choice A recipient of a grant under this section may not restrict the ability of an individual receiving a voucher under this section to use the voucher to pay for authorized services furnished by any provider of authorized services, so long as the provider of such services meets all applicable State licensure or certification requirements regarding the provision of such services. (3) Duration of award With respect to a grant under this section, the period during which payments under such grant are made to the grant recipient may not exceed five years. (4) Matching funds The Secretary may require that recipients of grants under this section provide non-Federal matching funds, as determined appropriate by the Secretary, to ensure the commitment of the grant recipients to the provision of vouchers for treatment to individuals who use heroin, cocaine, methamphetamine, 3,4-methylenedioxymethamphetamine, or phencyclidine. Such non-Federal matching funds may be provided directly or through donations from public or private entities and may be in cash or in-kind, fairly evaluated, including property, equipment, or services. (5) Maintenance of effort The Secretary may require that grant recipients under this section agree to maintain expenditures of non-Federal amounts for authorized services related to the treatment of heroin, cocaine, methamphetamine, 3,4-methylenedioxymethamphetamine, and phencyclidine abuse at a level that is not less than the level of such expenditures maintained by the recipient for the fiscal year preceding the fiscal year for which the entity receives such a grant. (c) Report (1) In general Not later than December 1, 2014, and annually thereafter, the Secretary shall submit a report to the Congress on the grants under subsection (a). (2) Contents of report The report under paragraph (1) shall contain an evaluation of the effectiveness of the grants made under subsection (a) in improving access to heroin, cocaine, methamphetamine, 3,4-methylenedioxymethamphetamine, and phencyclidine treatment for underserved populations. (d) Definitions For purposes of this section: (1) Authorized services The term authorized services means— (A) treatment for heroin, cocaine, methamphetamine, 3,4-methylenedioxymethamphetamine, or phencyclidine abuse, including individual, group, and family counseling regarding such abuse; (B) follow-up services to prevent an individual from relapsing into such abuse; (C) wrap-around services, as such term is defined in section 514E(e)(4); and (D) any additional services specified by the Secretary. (2) Underserved population The term underserved population means a population of individuals who cannot access appropriate substance abuse treatment (including comprehensive substance abuse treatment) due to financial, geographical, language, socioeconomic, or cultural barriers. (e) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section for fiscal years 2014 through 2018. 514E. Comprehensive wrap-around heroin, cocaine, methamphetamine, 3,4-methylenedioxymethamphetamine (ecstasy), and phencyclidine (PCP) treatment services (a) In general The Secretary may make grants to public, private, and nonprofit entities, Indian tribes, and tribal organizations to establish programs to provide for and coordinate the provision of wrap-around services to heroin, cocaine, methamphetamine, 3,4-methylenedioxymethamphetamine, or phencyclidine-affected individuals. (b) Minimum qualifications for receipt of award To seek a grant under subsection (a) , a public, private, or nonprofit entity, an Indian tribe, or a tribal organization shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require, including assurances to the satisfaction of the Secretary that— (1) the applicant has the capacity to carry out a program described in subsection (a) ; (2) the applicant has entered into agreements with entities in the community involved, through which the applicant will provide wrap-around services; and (3) the applicant, or any entity through which the applicant will provide such services, meets all applicable State licensure or certification requirements regarding the provision of such services. (c) Priority for grant distribution In making grants under this section, the Secretary shall give priority to applications for programs that serve communities with a high or increasing rate of heroin, cocaine, methamphetamine, 3,4-methylenedioxymethamphetamine, or phencyclidine abuse or addiction, as specified by the Secretary. (d) Reports For each year that a public, private, or nonprofit entity, Indian tribe, or tribal organization receives a grant under subsection (a) for a program, such entity, tribe, or organization shall submit to the Secretary a report on the results and effectiveness of the program. (e) Definitions For purposes of this section: (1) Heroin, cocaine, methamphetamine, 3,4-methylenedioxymethamphetamine, or phencyclidine-affected individual The term heroin, cocaine, methamphetamine, 3,4-methylenedioxymethamphetamine, or phencyclidine-affected individual means an individual who— (A) (i) resided in a residential inpatient treatment facility for the treatment of heroin, cocaine, methamphetamine, 3,4-methylenedioxymethamphetamine, or phencyclidine abuse or addiction; or (ii) received treatment for heroin, cocaine, methamphetamine, 3,4-methylenedioxymethamphetamine, or phencyclidine abuse or addiction from an intensive outpatient treatment facility; and (B) after successful completion of such treatment reenters the community. (2) Intensive outpatient treatment facility The term intensive outpatient treatment facility means a facility that provides treatment for substance abuse and that, with respect to an individual receiving such treatment— (A) provides a minimum of seven hours of treatment for substance abuse during a week; (B) provides regularly scheduled treatment sessions within a structured program; and (C) ensures that the treatment sessions are led by health professionals or clinicians. (3) Residential inpatient treatment facility The term residential inpatient treatment facility means a facility that provides treatment for substance abuse in which health professionals and clinicians provide a planned regimen of 24-hour professionally directed evaluation, care, and treatment for such substance abuse in an inpatient setting, including 24-hour observation and monitoring. (4) Wrap-around services The term wrap-around services means, with respect to a heroin, cocaine, methamphetamine, 3,4-methylenedioxymethamphetamine, or phencyclidine-affected individual, the following services: (A) Medical services. (B) Dental services. (C) Mental health services. (D) Child care services. (E) Job training services. (F) Housing assistance. (G) Training in parenting. (H) Prevention services for family members, with respect to heroin, cocaine, methamphetamine, 3,4-methylenedioxymethamphetamine, and phencyclidine abuse or addiction. (I) Transportation assistance services for purposes of participation in the services listed in subparagraphs (A) through (H). (f) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section for fiscal years 2014 through 2018. . 4. Extension and expansion of residential treatment program for pregnant and postpartum women to include caregiver parents Section 508 of the Public Health Service Act ( 42 U.S.C. 290bb–1 ) is amended— (1) in the heading, by striking pregnant and postpartum women and inserting caregiver parents, including pregnant women ; (2) in subsection (a)— (A) in the matter preceding paragraph (1)— (i) by inserting , Indian tribes, and tribal organizations after nonprofit private entities ; and (ii) by striking pregnant and postpartum women treatment for substance abuse and inserting caregiver parents, including pregnant women, treatment for substance abuse (including treatment for addiction to heroin, cocaine, methamphetamine, 3,4-methylenedioxymethamphetamine (ecstasy), or phencyclidine (PCP)) ; (B) in each of paragraphs (1), (2), and (3), by striking the women and inserting such parents each place it appears; and (C) in paragraph (3), by inserting supplemental before services ; (3) in subsection (b)— (A) in paragraph (1), by inserting , Indian tribes, or tribal organizations after nonprofit private entities ; and (B) in paragraph (2)— (i) by striking the services and inserting such services ; and (ii) by striking woman and inserting caregiver parent ; (4) in subsection (c)— (A) in paragraph (1), by striking eligible woman and inserting eligible caregiver parent ; and (B) by striking the women and the woman each place either term appears and inserting such parent ; (5) in subsection (d)— (A) in the matter proceeding paragraph (1), by striking woman and inserting caregiver parent ; (B) in paragraphs (3) and (4), by striking the woman and inserting such parent each place it appears; (C) in paragraph (9)— (i) by striking the women and inserting such parent each place it appears; (ii) by striking units and inserting unit ; and (iii) by striking of parents and inserting of the parents of such parent ; (D) in paragraph (10), by inserting , Indian tribes, or tribal organizations after entities ; and (E) in paragraph (11)— (i) by striking the women and inserting such parent ; and (ii) by striking their children and inserting the children of such parent ; (6) in subsection (f)(1), in the matter proceeding subparagraph (A) by inserting , Indian tribes, or tribal organizations after public or private entities ; (7) in subsection (g)— (A) by striking identify women and inserting identify caregiver parents ; and (B) by striking the women and inserting such parents ; (8) in subsection (h)(1), by striking pregnant and postpartum women and inserting caregiver parents ; (9) in subsection (j)— (A) in the matter proceeding paragraph (1)— (i) by striking to on behalf and inserting to or on behalf ; and (ii) by striking woman and inserting caregiver parent ; (B) in paragraph (2), by striking the woman and inserting such parent ; and (C) in paragraph (3), by striking woman and inserting parent ; (10) in subsection (k)(2), by striking women and inserting caregiver parents — (11) in subsection (l), by striking such agreements and inserting the funding agreements under this section ; (12) by amending subsection (m) to read as follows: (m) Use of funds; Priority for certain areas served (1) Use of funds A funding agreement for an award under subsection (a) for an applicant is that funds awarded under subsection (a) to such applicant shall be used for programs according to the following order of priority: (A) For a program that provides services to caregiver parents who are pregnant and postpartum women. (B) For a program that provides services to caregiver parents who are single parents and the sole caregivers with respect to their children. (C) For a program that provides services to any caregiver parents. (2) Priority for certain areas served In making awards under subsection (a), the Director shall give priority to any entity, tribe, or organization that agrees to use the award for a program serving an area that— (A) is an area determined by the Director to have a shortage of family-based substance abuse treatment options; or (B) is determined by the Director to have high rates of addiction to heroin, cocaine, methamphetamine, 3,4-methylenedioxymethamphetamine, or phencyclidine. ; (13) in subsection (p)— (A) by striking October 1, 1994 and inserting January 1, 2014 ; (B) by striking Committee on Labor and Human Resources and inserting Committee on Health, Education, Labor, and Pensions ; and (C) by striking the third sentence; (14) in subsection (q)— (A) by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (3), (4), (5), and (6), respectively; (B) by inserting after paragraph (1) the following new paragraph: (2) The term caregiver parent means, with respect to a child, a parent or legal guardian with whom the child resides, and includes a pregnant woman. ; and (C) by amending paragraph (3), as redesignated by subparagraph (A) of this paragraph, to read as follows: (3) The term eligible caregiver parent means a caregiver parent who has been admitted to a program operated pursuant to subsection (a). ; and (15) in subsection (r), by striking to fiscal years 2001 through 2003 and inserting for fiscal years 2014 through 2018 . 5. Effectiveness of stimulant treatment methods (a) Research The Director of the National Institute on Drug Abuse shall conduct research, directly or through contract with another entity, on the effectiveness of the use of agonist and antagonist drugs to reduce the problems associated with stimulant abuse, including cocaine and methamphetamine abuse. (b) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section for fiscal years 2014 through 2018. 6. IOM Study on drug treatments for stimulant abuse (a) Report The Secretary of Health and Human Services shall seek to enter into a contract with the Institute of Medicine of the National Academies to complete a literature review and submit a report to Congress on the effectiveness of agonist and antagonist drugs for the treatment of stimulant abuse, including cocaine and methamphetamine abuse. (b) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section for fiscal years 2014 through 2018. 7. GAO Evaluation of the impact of this legislation (a) Study on the level of funding for treatment The Comptroller General of the United States shall conduct a study on— (1) the impact of the programs authorized by this Act (including the amendments made by this Act) on the effectiveness and availability of treatment for heroin, cocaine, methamphetamine, 3,4-methylenedioxymethamphetamine, and phencyclidine abuse; (2) whether the level of Federal funding available for the treatment of heroin, cocaine, methamphetamine, 3,4-methylenedioxymethamphetamine, and phencyclidine abuse meets, exceeds, or is less than the amount necessary to provide adequate treatment for such abuse; and (3) the impact of effective treatment of heroin, cocaine, methamphetamine, 3,4-methylenedioxymethamphetamine, and phencyclidine abuse on cost savings due to the reduced need for criminal justice and other services. (b) Reports (1) Interim report Not later than the last day of the two-year period beginning on the date of enactment of this Act, the Comptroller General shall submit to Congress a report on the interim findings of the study under subsection (a) . (2) Final report Not later than 3 years after the date on which the report under paragraph (1) is submitted to Congress, the Comptroller General shall submit to Congress a report on the findings of the study under subsection (a) . 8. No additional appropriations This Act, and the amendments made by this Act, shall not be construed to increase the amount of appropriations that are authorized to be approved for any fiscal year. | https://www.govinfo.gov/content/pkg/BILLS-113hr2130ih/xml/BILLS-113hr2130ih.xml |
113-hr-2131 | I 113th CONGRESS 1st Session H. R. 2131 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Issa (for himself, Mr. Goodlatte , Mr. Smith of Texas , Mr. Coble , Mr. Rokita , Mr. Poe of Texas , Mr. Farenthold , Mr. Holding , Mr. Sensenbrenner , Mr. Thompson of Pennsylvania , Mr. Campbell , Mr. Chabot , Mr. Bachus , Mr. Hanna , Mr. Calvert , Mr. Franks of Arizona , and Mr. Terry ) introduced the following bill; which was referred to the Committee on the Judiciary , 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 Immigration and Nationality Act to enhance American competitiveness through the encouragement of high-skilled immigration, and for other purposes.
1. Short title This Act may be cited as the Supplying Knowledge-based Immigrants and Lifting Levels of STEM Visas Act or the SKILLS Visa Act . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Title I—Immigrant Visa Reforms Sec. 101. Immigrant visas for certain advanced STEM graduates. Sec. 102. Immigrant visas for entrepreneurs. Sec. 103. Additional employment-based immigrant visas. Sec. 104. Employment creation immigrant visas. Sec. 105. Family-sponsored immigrant visas. Sec. 106. Elimination of diversity immigrant program. Sec. 107. Numerical limitation to any single foreign state. Sec. 108. Physicians. Sec. 109. Permanent priority dates. Title II—Nonimmigrant Visa Reforms Sec. 201. H–1B visas. Sec. 202. L visas. Sec. 203. O visas. Sec. 204. Mexican and Canadian professionals. Sec. 205. Students. Sec. 206. Extension of employment eligibility while visa extension petition pending. Sec. 207. Fraud detection and prevention fee. Sec. 208. Technical correction. Title III—Reforms Affecting Both Immigrant and Nonimmigrant Visas Subtitle A—STEM Education Funding Sec. 301. Funding for STEM education and training. Sec. 302. Promoting American Ingenuity Account. Sec. 303. STEM education grant application process. Sec. 304. Authorized activities. Sec. 305. National evaluations. Sec. 306. Rule of construction. Subtitle B—Other Reforms Sec. 311. Prevailing wages. Sec. 312. Streamlining petitions for established employers. I Immigrant Visa Reforms 101. Immigrant visas for certain advanced STEM graduates (a) Worldwide level of immigration Section 201(d)(1)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1151(d)(1)(A) ) is amended by striking “140,000,” and inserting “140,000 in fiscal years through 2013 and 195,000 beginning in fiscal year 2014, reduced for any fiscal year beginning in fiscal year 2014 by the number by which the number of visas under section 201(e) would have been reduced in that year pursuant to section 203(d) of the Nicaraguan Adjustment and Central American Relief Act (8 U.S.C. 1151 note) if section 201(e) had not been repealed by section 106 of the SKILLS Visa Act ,”. (b) Preference allocation for employment-Based immigrants Section 203(b) of such Act ( 8 U.S.C. 1153(b) ) is amended— (1) by redesignating paragraph (6) as paragraph (9); and (2) by inserting after paragraph (5) the following: (6) Aliens holding doctorate degrees from U.S. doctoral institutions of higher education in science, technology, engineering, or mathematics (A) In general Visas shall be made available, in a number not to exceed 55,000, reduced for any fiscal year by the number by which the number of visas under section 201(e) would have been reduced in that year pursuant to section 203(d) of the Nicaraguan Adjustment and Central American Relief Act ( 8 U.S.C. 1151 note) if section 201(e) had not been repealed by section 106 of the SKILLS Visa Act , plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who— (i) hold a doctorate degree in a field of science, technology, engineering, or mathematics from a United States doctoral institution of higher education, or have successfully completed a dental, medical, or veterinary residency program (within the summary group of residency programs in the Department of Education’s Classification of Instructional Programs taxonomy), have received a medical degree (MD) in a program that prepares individuals for the independent professional practice of medicine (series 51.12 in the Department of Education’s Classification of Instructional Programs taxonomy), have received a dentistry degree (DDS, DMD) in a program that prepares individuals for the independent professional practice of dentistry/dental medicine (series 51.04 in the Department of Education’s Classification of Instructional Programs taxonomy), have received a veterinary degree (DVM) in a program that prepares individuals for the independent professional practice of veterinary medicine (series 51.24 in the Department of Education’s Classification of Instructional Programs taxonomy), or have received an osteopathic medicine/osteopathy degree (DO) in a program that prepares individuals for the independent professional practice of osteopathic medicine (series 51.19 in the Department of Education’s Classification of Instructional Programs taxonomy) from an institution that is described in subclauses (I), (III), and (IV) of subparagraph (B)(iii); and (ii) have taken all courses required for such degrees, including all courses taken by correspondence (including courses offered by telecommunications) or by distance education, while physically present in the United States. (B) Definitions For purposes of this paragraph, paragraph (7), and sections 101(a)(15)(F)(i)(I) and 212(a)(5)(A)(iii)(III): (i) The term distance education has the meaning given such term in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 ). (ii) The term field of science, technology, engineering, or mathematics means a field included in the Department of Education’s Classification of Instructional Programs taxonomy within the summary groups of computer and information sciences and support services, engineering, biological and biomedical sciences, mathematics and statistics, physical sciences, and the series geography and cartography (series 45.07), advanced/graduate dentistry and oral sciences (series 51.05) and nursing (series 51.16). (iii) The term United States doctoral institution of higher education means an institution that— (I) is described in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ) or is a proprietary institution of higher education (as defined in section 102(b) of such Act (20 U.S.C. 1002(b))); (II) was classified by the Carnegie Foundation for the Advancement of Teaching on January 1, 2013, as a doctorate-granting university with a very high or high level of research activity or classified by the National Science Foundation after the date of enactment of this paragraph, pursuant to an application by the institution, as having equivalent research activity to those institutions that had been classified by the Carnegie Foundation as being doctorate-granting universities with a very high or high level of research activity; (III) has been in existence for at least 10 years; and (IV) is accredited by an accrediting body that is itself accredited either by the Department of Education or by the Council for Higher Education Accreditation. (C) Labor certification required (i) In general Subject to clause (ii), the Secretary of Homeland Security may not approve a petition filed for classification of an alien under subparagraph (A) unless the Secretary of Homeland Security is in receipt of a determination made by the Secretary of Labor pursuant to the provisions of section 212(a)(5)(A), except that the Secretary of Homeland Security may, when the Secretary deems it to be in the national interest, waive this requirement. (ii) Requirement deemed satisfied The requirement of clause (i) shall be deemed satisfied with respect to an employer and an alien in a case in which a certification made under section 212(a)(5)(A)(i) has already been obtained with respect to the alien by that employer. (7) Aliens holding master’s degrees from U.S. doctoral institutions of higher education in science, technology, engineering, or mathematics (A) In general Any visas not required for the classes specified in paragraphs (1) and (6) shall be made available to the classes of aliens who— (i) hold a master’s degree in a field of science, technology, engineering, or mathematics from a United States doctoral institution of higher education that was either part of a master’s program that required at least 2 years of enrollment or part of a 5-year combined baccalaureate-master’s degree program in such field; (ii) have taken all master’s degree courses in a field of science, technology, engineering, or mathematics, including all courses taken by correspondence (including courses offered by telecommunications) or by distance education, while physically present in the United States; and (iii) hold a baccalaureate degree in a field of science, technology, engineering, or mathematics. (B) Labor certification required (i) In general Subject to clause (ii), the Secretary of Homeland Security may not approve a petition filed for classification of an alien under subparagraph (A) unless the Secretary of Homeland Security is in receipt of a determination made by the Secretary of Labor pursuant to the provisions of section 212(a)(5)(A), except that the Secretary of Homeland Security may, when the Secretary deems it to be in the national interest, waive this requirement. (ii) Requirement deemed satisfied The requirement of clause (i) shall be deemed satisfied with respect to an employer and an alien in a case in which a certification made under section 212(a)(5)(A)(i) has already been obtained with respect to the alien by that employer. (C) Definitions The definitions in paragraph (6)(B) shall apply for purposes of this paragraph. . (c) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability Section 203(b)(2)(A) of such Act ( 8 U.S.C. 1153(b)(2)(A) ) is amended by striking paragraph (1), and inserting paragraphs (1), (6), and (7), . (d) Skilled workers, professionals, and other workers Section 203(b)(3)(A) of such Act ( 8 U.S.C. 1153(b)(3)(A) ) is amended by striking paragraphs (1) and (2), and inserting paragraphs (1), (2), (6), and (7), . (e) Procedure for granting immigrant status Section 204(a)(1)(F) of such Act (8 U.S.C. 1154(a)(1)(F)) is amended— (1) by striking (F) and inserting (F)(i) ; (2) by striking or 203(b)(3) and inserting 203(b)(3), 203(b)(6), or 203(b)(7) ; (3) by striking Attorney General and inserting Secretary of Homeland Security ; and (4) by adding at the end the following: (ii) The following processing standards shall apply with respect to petitions under clause (i) relating to alien beneficiaries qualifying under paragraph (6) or (7) of section 203(b): (I) The Secretary of Homeland Security shall adjudicate such petitions not later than 60 days after the date on which the petition is filed. In the event that additional information or documentation is requested by the Secretary during such 60-day period, the Secretary shall adjudicate the petition not later than 30 days after the date on which such information or documentation is received. (II) The petitioner shall be notified in writing within 30 days of the date of filing if the petition does not meet the standards for approval. If the petition does not meet such standards, the notice shall include the reasons therefore and the Secretary shall provide an opportunity for the prompt resubmission of a modified petition. . (f) Labor certification and qualification for certain immigrants Section 212(a)(5) of such Act ( 8 U.S.C. 1182(a)(5) ) is amended— (1) in subparagraph (A)— (A) in clause (ii)— (i) in subclause (I), by striking , or at the end and inserting a semicolon; (ii) in subclause (II), by striking the period at the end and inserting ; or ; and (iii) by adding at the end the following: (III) holds a doctorate degree in a field of science, technology, engineering, or mathematics from a United States doctoral institution of higher education (as defined in section 203(b)(6)(B)(iii)). ; (B) by redesignating clauses (ii) through (iv) as clauses (iii) through (v), respectively; (C) by inserting after clause (i) the following: (ii) Job order (I) In general An employer who files an application under clause (i) shall submit a job order for the labor the alien seeks to perform to the State workforce agency in the State in which the alien seeks to perform the labor. The State workforce agency shall post the job order on its official agency website for a minimum of 30 days and not later than 3 days after receipt using the employment statistics system authorized under section 15 of the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ). (II) Links The Secretary of Labor shall include links to the official websites of all State workforce agencies on a single webpage of the official website of the Department of Labor. ; and (D) by adding at the end the following: (vi) Processing standards for alien beneficiaries qualifying under paragraphs (6) and (7) of section 203(b) The following processing standards shall apply with respect to applications under clause (i) relating to alien beneficiaries qualifying under paragraph (6) or (7) of section 203(b): (I) The Secretary of Labor shall adjudicate such applications not later than 180 days after the date on which the application is filed. In the event that additional information or documentation is requested by the Secretary during such 180-day period, the Secretary shall adjudicate the application not later than 60 days after the date on which such information or documentation is received. (II) The applicant shall be notified in writing within 60 days of the date of filing if the application does not meet the standards for approval. If the application does not meet such standards, the notice shall include the reasons therefore and the Secretary shall provide an opportunity for the prompt resubmission of a modified application. ; and (2) in subparagraph (D), by striking (2) or (3) and inserting (2), (3), (6), or (7) . (g) GAO Study Not later than June 30, 2019, the Comptroller General of the United States shall provide to the Congress the results of a study on the use by the National Science Foundation of the classification authority provided under section 203(b)(6)(B)(iii)(II) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(6)(B)(iii)(II) ), as added by this section. (h) Public information The Secretary of Homeland Security shall make available to the public on the official website of the Department of Homeland Security, and shall update not less than monthly, the following information (which shall be organized according to month and fiscal year) with respect to aliens granted status under paragraph (6) or (7) of section 203(b) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b) ), as added by this section: (1) The name, city, and State of each employer who petitioned pursuant to either of such paragraphs on behalf of one or more aliens who were granted status in the month and fiscal year to date. (2) The number of aliens granted status under either of such paragraphs in the month and fiscal year to date based upon a petition filed by such employer. (3) The occupations for which such alien or aliens were sought by such employer and the job titles listed by such employer on the petition. (i) Effective date The amendments made by this section shall take effect on October 1, 2014, and shall apply with respect to fiscal years beginning on or after such date. Nothing in the preceding sentence shall be construed to prohibit the Secretary of Homeland Security from accepting before such date petitions under section 204(a)(1)(F) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(F) ) relating to alien beneficiaries qualifying under paragraph (6) or (7) of section 203(b) of such Act ( 8 U.S.C. 1153(b) ) (as added by this section). 102. Immigrant visas for entrepreneurs (a) Preference allocation for employment-Based immigrants Section 203(b) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b) ) is amended by inserting after paragraph (7) (as added by section 101 of this Act) the following: (8) Alien entrepreneurs (A) In general Visas shall be made available, in a number not to exceed 10,000, plus any visas not required for the classes specified in paragraphs (1), (2), and (3), to the following classes of aliens: (i) Venture capital-backed start-up entrepreneurs (I) An alien is described in this clause if the alien intends to engage in a new commercial enterprise (including a limited partnership) in the United States— (aa) with respect to which the alien has completed an investment agreement requiring an investment in the enterprise in an amount not less than $500,000, subject to subclause (III), on the part of— (AA) a qualified venture capital operating company; or (BB) 1 or more qualified angel investors (of which at least 1 such investor is providing $100,000, subject to subclause (III), of the required investment); and (bb) which will benefit the United States economy and, during the 2-year period beginning on the date on which the visa is issued under this paragraph, will— (AA) create full-time employment for at least 5 United States workers within the enterprise; and (BB) raise not less than an additional $1,000,000 in capital investment, subject to subclause (III), or generate not less than $1,000,000 in revenue, subject to subclause (III). (II) Definitions For purposes of this clause: (aa) Investment The term investment does not include any assets acquired, directly or indirectly, by unlawful means. (bb) Qualified Angel Investor The term qualified angel investor means an individual who— (AA) is an accredited investor (as defined in section 230.501(a) of title 17, Code of Federal Regulations (as in effect on April 1, 2010)); (BB) is a United States citizen or an alien lawfully admitted to the United States for permanent residence; and (CC) has made at least 2 equity investments of not less than $50,000 in each of the 3 years before the date of a petition by the qualified immigrant for classification under this paragraph. (cc) Qualified Venture Capital Operating Company The term qualified venture capital operating company means an entity that— (AA) is classified as a venture capital operating company under section 2510.3–101(d) of title 29, Code of Federal Regulations (as in effect on July 1, 2009); (BB) is based in the United States; (CC) is owned and controlled by United States citizens or aliens lawfully admitted to the United States for permanent residence; (DD) has capital commitments of not less than $10,000,000; (EE) has been operating for a period of at least 2 years before the date of the petition for classification under this paragraph; and (FF) has made at least 2 investments of not less than $500,000 in each of the 2 years before the date of the petition for classification under this paragraph. (III) Inflation Adjustment Effective for the first fiscal year that begins more than 6 months after the date of the enactment of this clause, and for each fiscal year thereafter, the amounts described in subclauses (I) and (II) shall be increased by the percentage (if any) by which the Consumer Price Index for the month of June preceding the date on which such increase takes effect exceeds the Consumer Price Index for the same month of the preceding calendar year. An increase described in the preceding sentence shall apply to aliens filing petitions under section 204(a)(1)(H) on or after the date on which the increase takes effect. For purposes of this clause, the term Consumer Price Index means the Consumer Price Index for all urban consumers published by the Department of Labor. (ii) Treaty Investors Immigrants who have been issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(E)(ii) (not including alien employees of the treaty investor) who have maintained that status for a minimum of 10 years and have benefitted the United States economy and created full-time employment for not fewer than 5 United States workers for a minimum of 10 years. (B) Definitions For purposes of this paragraph: (i) The term full-time employment has the meaning given such term in paragraph (5). (ii) The term United States worker means an employee (other than the immigrant or the immigrant’s spouse, sons, or daughters) who— (I) is a citizen or national of the United States; or (II) is an alien who is lawfully admitted for permanent residence, is admitted as a refugee under section 207, is granted asylum under section 208, or is an immigrant otherwise authorized to be employed in the United States. . (b) Procedures for granting immigrant status Section 204(a)(1)(H) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(H) ) is amended— (1) by striking section 203(b)(5) and inserting paragraph (5) or (8) of section 203(b) ; and (2) by striking Attorney General and inserting Secretary of Homeland Security . (c) Conditional permanent resident status (1) In general (A) Conforming amendments Section 216A of the Immigration and Nationality Act (8 U.S.C. 1186b) is amended— (i) in the section heading, by striking Entrepreneurs, and inserting Investors, . (ii) by striking Attorney General each place such term appears and inserting Secretary of Homeland Security ; (iii) by striking entrepreneur each place such term appears and inserting investor ; and (iv) In subsection (c)(3)(A), by striking the such filing and inserting such filing . (B) Table of contents The item relating to section 216A in the table of contents of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended to read as follows: Sec. 216A. Conditional permanent resident status for certain alien investors, spouses, and children. . (2) Conditional permanent resident status for certain alien entrepreneurs, spouses, and children (A) In general Chapter 2 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1181 et seq. ) is amended by inserting after section 216A the following: 216B. Conditional permanent resident status for certain alien entrepreneurs, spouses, and children (a) In general (1) Conditional basis for status Notwithstanding any other provision of this Act, an alien entrepreneur (as defined in subsection (f)(1) of this section), alien spouse, and alien child (as defined in subsection (f)(2) of this section) shall be considered, at the time of obtaining the status of an alien lawfully admitted for permanent residence, to have obtained such status on a conditional basis subject to the provisions of this section. (2) Notice of requirements (A) At time of obtaining permanent residence At the time an alien entrepreneur, alien spouse, or alien child obtains permanent resident status on a conditional basis under paragraph (1), the Secretary of Homeland Security shall provide for notice to such an entrepreneur, spouse, or child respecting the provisions of this section and the requirements of subsection (c)(1) of this section to have the conditional basis of such status removed. (B) At time of required petition In addition, the Secretary of Homeland Security shall attempt to provide notice to such an entrepreneur, spouse, or child, at or about the beginning of the 90-day period described in subsection (d)(2)(A) of this section, of the requirements of subsection (c)(1) of this section. (C) Effect of failure to provide notice The failure of the Secretary of Homeland Security to provide a notice under this paragraph shall not affect the enforcement of the provisions of this section with respect to such an entrepreneur, spouse, or child. (b) Termination of status if finding that qualifying entrepreneurship improper (1) In general In the case of an alien entrepreneur with permanent resident status on a conditional basis under subsection (a) of this section, if the Secretary of Homeland Security determines, before the second anniversary of the alien’s obtaining the status of lawful admission for permanent residence, that— (A) the required investment in the commercial enterprise under section 203(b)(8)(A)(i)(I) was intended solely as a means of evading the immigration laws of the United States; (B) (i) any requisite capital to be invested under section 203(b)(8)(A)(i)(I) had not been invested, or was not actively in the process of being invested; or (ii) the alien was not sustaining the actions described in clause (i) throughout the period of the alien’s residence in the United States; or (C) the alien was otherwise not conforming to the requirements of section 203(b)(8)(A)(i); then the Secretary of Homeland Security shall so notify the alien involved and, subject to paragraph (2), shall terminate the permanent resident status of the alien (and the alien spouse and alien child) involved as of the date of the determination. (2) Hearing in removal proceeding Any alien whose permanent resident status is terminated under paragraph (1) may request a review of such determination in a proceeding to remove the alien. In such proceeding, the burden of proof shall be on the Secretary of Homeland Security to establish, by a preponderance of the evidence, that a condition described in paragraph (1) is met. (c) Requirements of timely petition and interview for removal of condition (1) In general In order for the conditional basis established under subsection (a) of this section for an alien entrepreneur, alien spouse, or alien child to be removed— (A) the alien entrepreneur must submit to the Secretary of Homeland Security, during the period described in subsection (d)(2), a petition which requests the removal of such conditional basis and which states, under penalty of perjury, the facts and information described in subsection (d)(1); and (B) in accordance with subsection (d)(3), the alien entrepreneur must appear for a personal interview before an officer or employee of the Department of Homeland Security respecting the facts and information described in subsection (d)(1). (2) Termination of permanent resident status for failure to file petition or have personal interview (A) In general In the case of an alien with permanent resident status on a conditional basis under subsection (a) of this section, if— (i) no petition is filed with respect to the alien in accordance with the provisions of paragraph (1)(A); or (ii) unless there is good cause shown, the alien entrepreneur fails to appear at the interview described in paragraph (1)(B) (if required under subsection (d)(3) of this section), the Secretary of Homeland Security shall terminate the permanent resident status of the alien (and the alien’s spouse and children if it was obtained on a conditional basis under this section or section 216A) as of the second anniversary of the alien’s lawful admission for permanent residence. (B) Hearing in removal proceeding In any removal proceeding with respect to an alien whose permanent resident status is terminated under subparagraph (A), the burden of proof shall be on the alien to establish compliance with the conditions of subparagraphs (A) and (B) of paragraph (1). (3) Determination after petition and interview (A) In general If— (i) a petition is filed in accordance with the provisions of paragraph (1)(A); and (ii) the alien entrepreneur appears at any interview described in paragraph (1)(B); the Secretary of Homeland Security shall make a determination, within 90 days of the date of such filing or interview (whichever is later), as to whether the facts and information described in subsection (d)(1) and alleged in the petition are true with respect to the qualifying commercial enterprise. (B) Removal or extension of conditional basis (i) In general Except as provided in clause (ii), if the Secretary of Homeland Security determines that such facts and information are true, including demonstrating that the alien complied with subsection (d)(1)(B)(i), the Secretary shall so notify the alien involved and shall remove the conditional basis of the alien’s status effective as of the second anniversary of the alien’s lawful admission for permanent residence. (ii) Exception If the petition demonstrates that the facts and information are true, including demonstrating that the alien is in compliance with section (d)(1)(B)(ii), then the Secretary of Homeland Security may, in the Secretary’s discretion, extend the conditional status for an additional year at the end of which— (I) the alien must file a petition within 30 days after the third anniversary of the alien’s lawful admission for permanent residence demonstrating that the alien complied with subsection (d)(1)(B)(i) and the Secretary shall remove the conditional basis of the alien’s status effective as of such third anniversary; or (II) the conditional status shall terminate. (C) Determination if adverse determination If the Secretary of Homeland Security determines that such facts and information are not true, the Secretary shall so notify the alien involved and, subject to subparagraph (D), shall terminate the permanent resident status of an alien entrepreneur, alien spouse, or alien child as of the date of the determination. (D) Hearing in removal proceeding Any alien whose permanent resident status is terminated under subparagraph (C) may request a review of such determination in a proceeding to remove the alien. In such proceeding, the burden of proof shall be on the Secretary of Homeland Security to establish, by a preponderance of the evidence, that the facts and information described in subsection (d)(1) of this section and alleged in the petition are not true with respect to the qualifying commercial enterprise. (d) Details of petition and interview (1) Contents of petition Each petition under subsection (c)(1)(A) shall contain facts and information demonstrating that— (A) (i) any requisite capital to be invested under section 203(b)(8)(A)(i)(I) had been invested, or was actively in the process of being invested; and (ii) the alien sustained the actions described in clause (i) throughout the period of the alien’s residence in the United States; (B) (i) the alien created the employment required under section 203(b)(8)(A)(i)(I)(bb)(AA); or (ii) the alien is actively in the process of creating the employment required under section 203(b)(8)(A)(i)(I)(bb)(AA) and will create such employment before the third anniversary of the alien’s lawful admission for permanent residence; and (C) the alien is otherwise conforming to the requirements of section 203(b)(8)(A)(i). (2) Period for filing petition (A) 90-day period before second anniversary Except as provided in subparagraph (B), the petition under subsection (c)(1)(A) of this section must be filed during the 90-day period before the second anniversary of the alien’s lawful admission for permanent residence. (B) Date petitions for good cause Such a petition may be considered if filed after such date, but only if the alien establishes to the satisfaction of the Secretary of Homeland Security good cause and extenuating circumstances for failure to file the petition during the period described in subparagraph (A). (C) Filing of petitions during removal In the case of an alien who is the subject of removal hearings as a result of failure to file a petition on a timely basis in accordance with subparagraph (A), the Secretary of Homeland Security may stay such removal proceedings against an alien pending the filing of the petition under subparagraph (B). (3) Personal interview The interview under subsection (c)(1)(B) shall be conducted within 90 days after the date of submitting a petition under subsection (c)(1)(A) and at a local office of the Department of Homeland Security, designated by the Secretary of Homeland Security, which is convenient to the parties involved. The Secretary, in the Secretary’s discretion, may waive the deadline for such an interview or the requirement for such an interview in such cases as may be appropriate. (e) Treatment of period for purposes of naturalization For purposes of title III, in the case of an alien who is in the United States as a lawful permanent resident on a conditional basis under this section, the alien shall be considered to have been admitted as an alien lawfully admitted for permanent residence and to be in the United States as an alien lawfully admitted to the United States for permanent residence. (f) Definitions In this section: (1) The term alien entrepreneur means an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise) under section 203(b)(8)(A)(i)(I) of this title. (2) The term alien spouse and the term alien child mean an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise) by virtue of being the spouse or child, respectively, of an alien entrepreneur. (3) The term commercial enterprise includes a limited partnership. . (B) Clerical amendment The table of contents for such Act is amended by inserting after the item relating to section 216A the following: Sec. 216B. Conditional permanent resident status for certain alien entrepreneurs, spouses, and children. . (d) Effective date The amendments made by this section shall take effect on October 1, 2013, and shall apply with respect to fiscal years beginning on or after such date. 103. Additional employment-based immigrant visas (a) Worldwide level of employment-Based immigrants Section 201(d)(1)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1151(d)(1)(A) ), as amended by section 101, is further amended by striking 195,000 and inserting 235,000 . (b) Priority workers Section 203(b)(1) of such Act ( 8 U.S.C. 1153(b)(1) ) is amended by striking 28.6 percent of such worldwide level, and inserting 40,040, . (c) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability Section 203(b)(2) of such Act ( 8 U.S.C. 1153(b)(2) ) is amended by striking 28.6 percent of such worldwide level, and inserting 55,040, . (d) Skilled workers, professionals, and other workers Section 203(b)(3) of such Act (8 U.S.C. 1153(b)(3)) is amended by striking 28.6 percent of such worldwide level, and inserting 55,040, . (e) Certain special immigrants Section 203(b)(4) of such Act ( 8 U.S.C. 1153(b)(3) ) is amended by striking 7.1 percent of such worldwide level, and inserting 9,940, . (f) Employment creation Section 203(b)(5) of such Act ( 8 U.S.C. 1153(b)(4) ) is amended by striking 7.1 percent of such worldwide level, and inserting 9,940, . (g) Effective date The amendments made by this section shall take effect on October 1, 2013, and shall apply with respect to fiscal years beginning on or after such date. 104. Employment creation immigrant visas (a) Changes to the general program (1) Capital Section 203(b)(5)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(5)(C) ) is amended by adding at the end the following: (iv) Capital defined For purposes of this paragraph, the term capital does not include any assets acquired, directly or indirectly, by unlawful means. . (2) Inflation adjustment Such section, as amended by paragraph (1), is further amended by adding at the end the following: (v) Inflation adjustment (I) Initial adjustment As of the date of enactment of the SKILLS Visa Act , the amount specified in the first sentence of clause (i) shall be increased by the percentage (if any) by which the Consumer Price Index for the month preceding such enactment date exceeds the Consumer Price Index for the same month of calendar year 1990. The increase described in the preceding sentence shall apply to aliens filing petitions under section 204(a)(1)(H) on or after such enactment date. (II) Subsequent adjustments Effective for the first fiscal year that begins more than 6 months after the date of the enactment of this clause, and for each fiscal year thereafter, the amount described in subclause (I) (as of the last increase to such amount) shall be increased by the percentage (if any) by which the Consumer Price Index for the month of June preceding the date on which such increase takes effect exceeds the Consumer Price Index for the same month of the preceding calendar year. An increase described in the preceding sentence shall apply to aliens filing petitions under section 204(a)(1)(H) on or after the date on which the increase takes effect. (III) Definition For purposes of this clause, the term Consumer Price Index means the Consumer Price Index for all urban consumers published by the Department of Labor. . (3) Flexibility for job creation time period (A) Removal of conditional basis if favorable determination Section 216A(c)(3)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1186b(c)(3)(B) ), is amended to read as follows: (B) Removal or extension of conditional basis (i) In general Except as provided under clause (ii), if the Secretary of Homeland Security determines that such facts and information are true, including demonstrating that the alien complied with section (d)(1)(B)(i), the Secretary shall so notify the alien involved and shall remove the conditional basis of the alien’s status effective as of the second anniversary of the alien’s lawful admission for permanent residence. (ii) Exception If the petition demonstrates that the facts and information are true, including demonstrating that the alien is in compliance with section (d)(1)(B)(ii), then the Secretary of Homeland Security may in the Secretary’s discretion extend the conditional status for an additional year at the end of which— (I) the alien must file a petition within 30 days after the third anniversary of the alien’s lawful admission for permanent residence demonstrating that the alien complied with section (d)(1)(B)(i) and the Secretary shall remove the conditional basis of the alien’s status effective as of such third anniversary; or (II) the conditional status shall terminate. . (B) Contents of petition Section 216A(d)(1) of such Act ( 8 U.S.C. 1186b(d)(1) ) is amended— (i) by striking and at the end of subparagraph (A); (ii) by redesignating subparagraph (B) as subparagraph (C) ; and (iii) by inserting after subparagraph (A) the following: (B) (i) created the employment required under section 203(b)(5)(A)(ii); or (ii) is actively in the process of creating the employment required under section 203(b)(5)(A)(ii) and will create such employment before the third anniversary of the alien’s lawful admission for permanent residence; and . (4) Targeted employment areas (A) Targeted employment area defined Section 203(b)(5)(B)(ii) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(5)(B)(ii) ) is amended by striking (of at least 150 percent of the national average rate) . (B) Set-aside for targeted employment area Section 203(b)(5)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(5)(B) ) is amended by adding at the end the following: (iv) Definition In this paragraph, the term an area which has experienced high unemployment means an area which has an unemployment rate of at least 150 of the national average rate. Such an area must fit entirely within a geographical unit that the Secretary of Labor has determined has an unemployment rate of at least 150 percent of the national average rate (and which determination has not been superseded by a later determination in which the Secretary of Labor has found that the unit did not have an unemployment rate of at least 150 percent of the national average rate). The Secretary of Labor shall set forth a uniform methodology for determining whether an area an area qualifies as having experienced unemployment of at least 150 percent of the national average rate. It shall be within the discretion of the Secretary of Homeland Security to determine whether any particular area has experienced high unemployment for purposes of this paragraph, and the Secretary shall not be bound by the determination of any other governmental or nongovernmental entity that a particular area has experienced high unemployment for purposes of this paragraph. . (b) Regional centers (1) Permanent reauthorization of the regional center pilot program Section 610 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 ( 8 U.S.C. 1153 note) is amended— (A) by striking pilot each place such term appears; and (B) in subsection (b), by striking until September 30, 2015 . (2) Persons barred from involvement in regional centers (A) Prohibition Such section 610 is amended by adding at the end the following: (e) (1) No person who— (A) has been convicted of an aggravated felony (as defined in section 101(a)(43) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(43) )); (B) would be inadmissible under section 212(a)(3) of such Act ( 8 U.S.C. 1182(a)(3) ) if they were an alien seeking admission; or (C) has been convicted of violating, or found to have violated, a fraud provision of the Federal securities laws (as such term is defined under section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 78c)), shall be permitted by any regional center to be involved with the regional center as its principal, representative, administrator, owner, officer, board member, manager, executive, general partner, fiduciary, marketer, promoter, or in other similar position of substantive authority for the operations, management, or promotion of the regional center. (2) The Secretary of Homeland Security shall require such attestations and information (including biometric information), and shall perform such criminal record checks and other background checks with respect to a regional center, and persons involved in a regional center as described in paragraph (1), as the Secretary, in the Secretary’s discretion, considers appropriate to determine whether the regional center is in compliance with paragraph (1). (3) The Secretary is authorized, in the Secretary’s unreviewable discretion, to terminate any regional center from the program under this section if the Secretary determines that— (A) the regional center is in violation of paragraph (1); (B) the regional center, or any person involved with the regional center as described in paragraph (1), has provided any false attestation or information under paragraph (2); or (C) the regional center, or any person involved with the regional center as described in paragraph (1), fails to provide an attestation or information requested by the Secretary under paragraph (2). (4) For the purpose of this subsection, the term regional center shall, in addition to the regional center itself, include any commercial enterprise or job creating enterprise in which a regional center has invested. . (B) Compliance with securities laws Such section 610, as amended by subparagraph (A), is further amended by adding at the end the following: (f) (1) The Secretary of Homeland Security shall not approve an application for regional center designation or regional center amendment that does not certify that the regional center and all parties to the regional center are in and will maintain compliance with Federal securities laws (as such term is defined under section 3 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c )). (2) The Secretary of Homeland Security shall immediately terminate the designation of any regional center that does not provide the certification described in paragraph (1) on an annual basis. (3) In addition to any other authority provided to the Secretary of Homeland Security regarding the program described in this section, the Secretary may suspend or terminate the designation of any regional center if the Secretary determines that the regional center, or any party to the regional center: (A) is permanently or temporarily enjoined by order, judgment, or decree of any court of competent jurisdiction in connection with the purchase or sale of a security; (B) is subject to any order of the Securities and Exchange Commission that bars such person from association with an entity regulated by the Securities and Exchange Commission, or constitutes a final order based on violations in connection with the purchase or sale of a security; (C) has been convicted of violating, or found to have violated, a fraud provision of the Federal securities laws (as such term is defined under section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 78c)); or (D) knowingly submitted or caused to be submitted a certification described in paragraphs (1) or (2) of this subsection that contained an untrue statement of material fact, or omitted to state a material fact necessary, in order to make the statements made, in light of the circumstances under which they were made, not misleading. (4) Nothing in this subsection shall be construed to impair or limit the authority of the Securities and Exchange Commission under the Federal securities laws. (5) For the purpose of this subsection, the term party to the regional center shall include, in addition to the regional center itself, its agents, servants, employees, attorneys, or any persons in active concert or participation with the regional center. . (c) Effective dates (1) In general Except for the amendments made by paragraphs (1) and (2) of subsection (a), the amendments made by subsections (a) and (b) shall take effect on the date of the enactment of this Act and shall apply— (A) to aliens filing petitions under section 204(a)(1)(H) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(H)) on or after such date; (B) to a regional center (and any person involved with or a party to a regional center) designated before, on, or after such date; and (C) to any application to designate a regional center, and any person involved with or a party to the regional center, that is pending on such date. (2) Definition of capital The amendment made by subsection (a)(1) shall take effect on the date of the enactment of this Act. (3) Inflation adjustment The amendment made by subsection (a)(2) shall take effect as provided in section 203(b)(5)(C)(v) of the Immigration and Nationality Act, as added by subsection (a)(2) of this section. 105. Family-sponsored immigrant visas (a) Worldwide level of family-Sponsored immigrants Section 201(c)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1151(c)(1) ) is amended— (1) in subparagraph (A)(i), by striking 480,000, and inserting 480,000 in fiscal years through 2013 and 440,000 beginning in fiscal year 2014, ; and (2) in subparagraph (B)(ii), by striking 226,000. and inserting 226,000 in fiscal years through 2013 and 186,000 beginning in fiscal year 2014. . (b) Preference allocation for family-Sponsored immigrants Section 203(a)(2) of such Act ( 8 U.S.C. 1153(a)(2) ) is amended— (1) by striking 114,200, and inserting 139,200, ; (2) by striking 226,000, and inserting 226,000 in fiscal years through 2013 and 186,000 beginning in fiscal year 2014, ; and (3) by striking 77 and inserting 81.13 . (c) Brothers and sisters of citizens Section 203(a) of such Act ( 8 U.S.C. 1151(a) ) is amended by striking paragraph (4). (d) Effective date The amendments made by this section shall take effect on October 1, 2014, and shall apply with respect to fiscal years beginning on or after such date. 106. Elimination of diversity immigrant program (a) Worldwide level of diversity immigrants Section 201 of the Immigration and Nationality Act (8 U.S.C. 1151) is amended— (1) in subsection (a)— (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); and (2) by striking subsection (e). (b) Allocation of diversity immigrant visas Section 203 of such Act ( 8 U.S.C. 1153 ) is amended— (1) by striking subsection (c); (2) in subsection (d), by striking (a), (b), or (c), and inserting (a) or (b), ; (3) in subsection (e), by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); (4) in subsection (f), by striking (a), (b), or (c) and inserting (a) or (b) ; and (5) in subsection (g), by striking (a), (b), and (c) and inserting (a) and (b) . (c) Procedure for granting immigrant status Section 204 of such Act ( 8 U.S.C. 1154 ) is amended— (1) by striking subsection (a)(1)(I); and (2) in subsection (e), by striking (a), (b), or (c) and inserting (a) or (b) . (d) Effective date The amendments made by this section shall take effect on October 1, 2013, and shall apply with respect to fiscal years beginning on or after such date. 107. Numerical limitation to any single foreign state (a) In general Section 202(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1152(a)(2) ) is amended— (1) in the paragraph heading, by striking and employment-based ; (2) by striking (3), (4), and (5), and inserting (3) and (4), ; (3) by striking subsections (a) and (b) of section 203 and inserting section 203(a) ; (4) by striking 7 and inserting 15 ; and (5) by striking such subsections and inserting such section . (b) Conforming amendments Section 202 of the Immigration and Nationality Act (8 U.S.C. 1152) is amended— (1) in subsection (a)(3), by striking both subsections (a) and (b) of section 203 and inserting section 203(a) ; (2) by striking subsection (a)(5); and (3) by amending subsection (e) to read as follows: (e) Special rules for countries at ceiling If it is determined that the total number of immigrant visas made available under section 203(a) to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under section 203(a), visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that, except as provided in subsection (a)(4), the proportion of the visa numbers made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(a). . (c) Country-Specific offset Section 2 of the Chinese Student Protection Act of 1992 ( 8 U.S.C. 1255 note) is amended— (1) in subsection (a), by striking subsection (e)) and inserting subsection (d)) ; and (2) by striking subsection (d) and redesignating subsection (e) as subsection (d). (d) Effective date The amendments made by this section shall take effect on October 1, 2013. 108. Physicians (a) Permanent authorization of the conrad state 30 program Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 ( Public Law 103–416 ; 8 U.S.C. 1182 note) is amended by striking and before September 30, 2015 . (b) Allotment of Conrad 30 waivers (1) In general Section 214(l) of the Immigration and Nationality Act ( 8 U.S.C. 1184(l) ) is amended by adding at the end the following: (4) (A) (i) All States shall be allotted a total of 35 waivers under paragraph (1)(B) for a fiscal year if 90 percent of the waivers available to the States receiving at least 5 waivers were used in the previous fiscal year. (ii) When an allocation has occurred under clause (i), all States shall be allotted an additional 5 waivers under paragraph (1)(B) for each subsequent fiscal year if 90 percent of the waivers available to the States receiving at least 5 waivers were used in the previous fiscal year. If the States are allotted 45 or more waivers for a fiscal year, the States will only receive an additional increase of 5 waivers the following fiscal year if 95 percent of the waivers available to the States receiving at least 1 waiver were used in the previous fiscal year. (B) Any increase in allotments under subparagraph (A) shall be maintained indefinitely, unless in a fiscal year, the total number of such waivers granted is 5 percent lower than in the last year in which there was an increase in the number of waivers allotted pursuant to this paragraph, in which case— (i) the number of waivers allotted shall be decreased by 5 for all States beginning in the next fiscal year; and (ii) each additional 5 percent decrease in such waivers granted from the last year in which there was an increase in the allotment, shall result in an additional decrease of 5 waivers allotted for all States, provided that the number of waivers allotted for all States shall not drop below 30. . (2) Academic medical centers Section 214(l)(1)(D) of the Immigration and Nationality Act ( 8 U.S.C. 1184(l)(1)(D) ) is amended— (A) in clause (ii), by striking and at the end; (B) in clause (iii), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (iv) in the case of a request by an interested State agency— (I) the head of such agency determines that the alien is to practice medicine in, or be on the faculty of a residency program at, an academic medical center (as that term is defined in section 411.355(e)(2) of title 42, Code of Federal Regulations, or similar successor regulation), without regard to whether such facility is located within an area designated by the Secretary of Health and Human Services as having a shortage of health care professionals; and (II) the head of such agency determines that— (aa) the alien physician’s work is in the public interest; and (bb) the grant of such waiver would not cause the number of the waivers granted on behalf of aliens for such State for a fiscal year (within the limitation in subparagraph (B) and subject to paragraph (4)) in accordance with the conditions of this clause to exceed 3. . (c) Employment protections for physicians (1) In general Section 214(l)(1)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1184(l)(1)(C) ) is amended by striking clauses (i) and (ii) and inserting the following: (i) the alien demonstrates a bona fide offer of full-time employment, at a health care organization, which employment has been determined by the Secretary of Homeland Security to be in the public interest; and (ii) the alien agrees to begin employment with the health facility or health care organization in a geographic area or areas which are designated by the Secretary of Health and Human Services as having a shortage of health care professionals by the later of the date that is 90 days after receiving such waiver, 90 days after completing graduate medical education or training under a program approved pursuant to section 212(j)(1), or 90 days after receiving nonimmigrant status or employment authorization, and agrees to continue to work for a total of not less than 3 years in any status authorized for such employment under this subsection unless— (I) the Secretary determines that extenuating circumstances exist that justify a lesser period of employment at such facility or organization, in which case the alien shall demonstrate another bona fide offer of employment at a health facility or health care organization, for the remainder of such 3-year period; (II) the interested State agency that requested the waiver attests that extenuating circumstances exist that justify a lesser period of employment at such facility or organization in which case the alien shall demonstrate another bona fide offer of employment at a health facility or health care organization so designated by the Secretary of Health and Human Services, for the remainder of such 3-year period; or (III) if the alien elects not to pursue a determination of extenuating circumstances pursuant to subclause (I) or (II), the alien terminates the alien’s employment relationship with such facility or organization, in which case the alien shall be employed for the remainder of such 3-year period, and 1 additional year for each determination, at another health facility or health care organization in a geographic area or areas which are designated by the Secretary of Health and Human Services as having a shortage of health care professionals; and . (2) Contract requirements Section 214(l) of the Immigration and Nationality Act ( 8 U.S.C. 1184(l) ), as amended by subsection (b)(1), is further amended by adding at the end the following: (5) An alien granted a waiver under paragraph (1)(C) shall enter into an employment agreement with the contracting health facility or health care organization that— (A) specifies the maximum number of on-call hours per week (which may be a monthly average) that the alien will be expected to be available and the compensation the alien will receive for on-call time; (B) specifies whether the contracting facility or organization will pay for the alien’s malpractice insurance premiums, including whether the employer will provide malpractice insurance and, if so, the amount of such insurance that will be provided; (C) describes all of the work locations that the alien will work and a statement that the contracting facility or organization will not add additional work locations without the approval of the Federal agency or State agency that requested the waiver; and (D) does not include a non-compete provision. (6) An alien granted a waiver under paragraph (1)(C) whose employment relationship with a health facility or health care organization terminates during the 3-year service period required by such paragraph— (A) shall have a period of 120 days beginning on the date of such determination of employment to submit to the Secretary of Homeland Security applications or petitions to commence employment with another contracting health facility or health care organization in a geographic area or areas which are designated by the Secretary of Health and Human Services as having a shortage of health care professionals; and (B) shall be considered to be maintaining lawful status in an authorized stay during the 120-day period referred to in subparagraph (A). . (d) Amendments to the procedures, definitions, and other provisions related to physician immigration (1) Dual intent for physicians seeking graduate medical training Section 214(b) of the Immigration and Nationality Act ( 8 U.S.C. 1184(b) ) is amended by striking (other than a nonimmigrant described in subparagraph (L) or (V) of section 101(a)(15), and other than a nonimmigrant described in any provision of section 101(a)(15)(H)(i) except subclause (b1) of such section) and inserting (other than a nonimmigrant described in subparagraph (L) or (V) of section 101(a)(15), a nonimmigrant described in any provision of section 101(a)(15)(H)(i), except subclause (b1) of such section, and an alien coming to the United States to receive graduate medical education or training as described in section 212(j) or to take examinations required to receive graduate medical education or training as described in section 212(j)) . (2) Allowable visa status for physicians fulfilling waiver requirements in medically underserved areas Section 214(l)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1184(l)(2)(A) ) is amended by striking an alien described in section 101(a)(15)(H)(i)(b). and inserting any status authorized for employment under this Act. . (3) Physician national interest waiver clarifications (A) Practice and geographic area Section 203(b)(2)(B)(ii)(I) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(2)(B)(ii)(I) ) is amended by striking items (aa) and (bb) and inserting the following: (aa) the alien physician agrees to work on a full-time basis practicing primary care, specialty medicine, or a combination thereof, in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals, or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; or (bb) the alien physician is pursuing such waiver based upon service at a facility or facilities that serve patients who reside in a geographic area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals (without regard to whether such facility or facilities are located within such an area) and a Federal agency, or a local, county, regional, or State department of public health determines the alien physician’s work was or will be in the public interest. . (B) Five-year service requirement Section 203(b)(2)(B)(ii)(II) of the Immigration and Nationality Act (8 U.S.C. 1153(B)(ii)(II)) is amended— (i) by inserting (aa) after (II) ; and (ii) by adding at the end the following: (bb) The 5-year service requirement of item (aa) shall be counted from the date the alien physician begins work in the shortage area in any legal status and not the date an immigrant visa petition is filed or approved. Such service shall be aggregated without regard to when such service began and without regard to whether such service began during or in conjunction with a course of graduate medical education. (cc) An alien physician shall not be required to submit an employment contract with a term exceeding the balance of the 5-year commitment yet to be served, nor an employment contract dated within a minimum time period prior to filing of a visa petition pursuant to this subsection. (dd) An alien physician shall not be required to file additional immigrant visa petitions upon a change of work location from the location approved in the original national interest immigrant petition. . (4) Technical clarification regarding advanced degree for physicians Section 203(b)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(2)(A) ) is amended by adding at the end An alien physician holding a foreign medical degree that has been deemed sufficient for acceptance by an accredited United States medical residency or fellowship program is a member of the professions holding an advanced degree or its equivalent. . (5) Short-term work authorization for physicians completing their residencies A physician completing graduate medical education or training as described in section 212(j) of the Immigration and Nationality Act ( 8 U.S.C. 1182(j) ) as a nonimmigrant described section 101(a)(15)(H)(i) of such Act (8 U.S.C. 1101(a)(15)(H)(i)) shall have such nonimmigrant status automatically extended until October 1 of the fiscal year for which a petition for a continuation of such nonimmigrant status has been submitted in a timely manner and where the employment start date for the beneficiary of such petition is October 1 of that fiscal year. Such physician shall be authorized to be employed incident to status during the period between the filing of such petition and October 1 of such fiscal year. However, the physician’s status and employment authorization shall terminate 30 days from the date such petition is rejected, denied or revoked. A physician’s status and employment authorization will automatically extend to October 1 of the next fiscal year if all visas as described in such section 101(a)(15)(H)(i) authorized to be issued for the fiscal year have been issued. (6) Applicability of section 212(e) to spouses and children of J–1 exchange visitors A spouse or child of an exchange visitor described in section 101(a)(15)(J) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(J)) shall not be subject to the requirements of section 212(e) of the Immigration and Nationality Act ( 8 U.S.C. 1182(e) ). (e) Effective date The amendments made by subsections (a) and (c) shall take effect on the date of the enactment of this Act and shall apply to aliens granted waivers before, on, or after the date of the enactment of this Act. Subsection (d), and the amendments made by subsections (b) and (d), shall take effect on October 1, 2013. 109. Permanent priority dates (a) In general Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153) is amended by adding at the end the following: (i) Permanent priority dates (1) In general Subject to subsection (h)(3) and paragraph (2), the priority date for any employment-based petition shall be the date of filing of the petition with the Secretary of Homeland Security (or the Secretary of State, if applicable), unless the filing of the petition was preceded by the filing of a labor certification with the Secretary of Labor, in which case that date shall constitute the priority date. (2) Subsequent employment-based petitions Subject to subsection (h)(3), an alien who is the beneficiary of any employment-based petition that was approvable when filed (including self-petitioners) shall retain the priority date assigned with respect to that petition in the consideration of any subsequently filed employment-based petition (including self-petitions). . (b) Effective date The amendment made by subsection (a) shall take effect on October 1, 2013, and shall apply to aliens who are a beneficiary of a classification petition pending on or after such date. II Nonimmigrant Visa Reforms 201. H–1B visas (a) Increase in H–1B visa numerical limit Section 214(g) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g) ) is amended— (1) in paragraph (1)(A)— (A) in clause (vi), by striking and at the end; (B) by amending clause (vii) to read as follows: (vii) 65,000 in fiscal years 2004 through 2013; and ; and (C) by adding at the end the following: (viii) 155,000 in each succeeding fiscal year; or ; and (2) by amending paragraph (5)(C) to read as follows: (C) meets the requirements of paragraph (6)(A) or (7)(A) of section 203(b), until the number of aliens who are exempted from such numerical limitation during such year exceeds 40,000. . (b) Spousal employment Section 214(c)(1)(E) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(1)(E) ) is amended by striking 101(a)(15)(L), and inserting subparagraph (H)(i)(b), (H)(i)(b1), (E)(iii), or (L) of section 101(a) . (c) Anti-Fraud measures (1) Foreign degrees (A) Specialty occupation Section 214(i) of the Immigration and Nationality Act ( 8 U.S.C. 1184(i) ) is amended by adding at the end the following: (4) (A) For purposes of paragraphs (1)(B) and (3)(B), the term bachelor’s or higher degree includes a foreign degree that is a recognized foreign equivalent of a bachelor’s or higher degree. (B) (i) In the case of an alien with a foreign degree, any determination with respect to the equivalence of that degree to a degree obtained in the United States shall be made by the Secretary of State. (ii) In carrying out the preceding clause, the Secretary of State shall verify the authenticity of any foreign degree proffered by an alien. The Secretary of State may enter into contracts with public or private entities in conducting such verifications. (iii) In addition to any other fees authorized by law, the Secretary of State may impose a fee on an employer filing a petition under subsection (c)(1) initially to grant an alien nonimmigrant status described in section 101(a)(15)(H)(i)(b), if a determination or verification described in clause (i) or (ii) is required with respect to the petition. Fees collected under this clause shall be deposited in the Treasury in accordance with section 286(t). . (B) Section 286 of the Immigration and Nationality Act ( 8 U.S.C. 1356 ) is amended by adding at the end the following: (w) H–1B educational credential verification account There is established in the general fund of the Treasury a separate account, which shall be known as the H–1B Educational Credential Verification Account . Notwithstanding any other provision of law, there shall be deposited as offsetting receipts into the account all fees collected under section 214(i)(4)(B)(iii). Amounts deposited into the account shall remain available to the Secretary of State until expended to carry out section 214(i)(4)(B). . (2) Investigations The first sentence of subsection (n)(2)(F), and the first sentence of subsection (t)(3)(E) (as added by section 402(b)(2) of Public Law 108–77 (117 Stat. 941)), of section 212 of the Immigration and Nationality Act ( 8 U.S.C. 1182 ) are each amended by striking all that follows investigations and inserting a period. (3) Bona fide businesses Section 214(c) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c) ) is amended by adding at the end the following: (15) The Secretary of Homeland Security may not approve any petition under paragraph (1) filed by an employer with respect to an alien seeking to obtain the status of a nonimmigrant under subclause (b) or (b1) of section 101(a)(15)(H)(i) and the Secretary of State may not approve a visa with respect to an alien seeking to obtain the status of a nonimmigrant under subparagraph (E)(iii) or (H)(i)(b1) of section 101(a)(15) unless— (A) the employer— (i) is an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), or a governmental or nonprofit entity; or (ii) maintains a place of business in the United States that is licensed in accordance with any applicable State or local business licensing requirements and is used exclusively for business purposes; and (B) the employer— (i) is a governmental entity; (ii) has aggregate gross assets with a value of not less than $50,000— (I) in the case of an employer that is a publicly held corporation, as determined using its most recent report filed with the Securities and Exchange Commission; or (II) in the case of any other employer, as determined as of the date on which the petition is filed under regulations promulgated by the Secretary of Homeland Security; or (iii) provides appropriate documentation of business activity under regulations promulgated by the Secretary of Homeland Security. . (4) Subpoena authority (A) H–1B application Section 212(n)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(2) ) is amended by adding at the end the following: (J) The Secretary of Labor is authorized to issue subpoenas as may be necessary to assure employer compliance with the terms and conditions of this subsection. . (B) Attestation with respect to other nonimmigrant employees Section 212(t)(3) of such Act ( 8 U.S.C. 1182(t)(3) ) is amended by adding at the end the following: (G) The Secretary of Labor is authorized to issue subpoenas as may be necessary to assure employer compliance with the terms and conditions of this subsection. . (d) B visas in lieu of H–1B visas Section 214(g) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g) ) is amended by adding at the end the following: (12) Notwithstanding any other provision of this Act, any alien admitted or provided status as a nonimmigrant in order to provide services in a specialty occupation described in paragraph (1) or (3) of subsection (i) (other than services described in subparagraph (H)(ii)(a), (O), or (P) of section 101(a)(15)) or as a fashion model shall have been issued a visa (or otherwise been provided nonimmigrant status) under subclause (b) or (b1) of section 101(a)(15)(H)(i) or section 101(a)(15)(E)(iii). . (e) Effective dates (1) The amendments made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to aliens issued visas or otherwise provided with nonimmigrant status under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(i)(b) ) beginning in fiscal year 2014. (2) The amendments made by subsection (b) shall take effect on the date of the enactment of this Act and shall apply to the spouses of aliens issued visas or otherwise provided with nonimmigrant status under subparagraph (H)(i)(b), (H)(i)(b1), or (E)(iii) of section 101(a)(15) of the Immigration and Nationality Act before, on, or after such date. (3) The amendments made by paragraphs (1) and (3) of subsection (c) shall take effect on the date of the enactment of this Act and shall apply to petitions filed under section 214(c) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c) ) on or after such date and to visa applications filed on or after such date where no petition was filed because none was required under subparagraph (H)(i)(b1) or (E)(iii) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)). (4) The amendments made by paragraphs (2) and (4) of subsection (c) shall take effect on the date of the enactment of this Act and shall apply to employers of aliens issued visas or otherwise provided with nonimmigrant status under subparagraph (H)(i)(b), (H)(i)(b1), or (E)(iii) section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) before, on, or after such date. (5) The amendment made by subsection (d) shall take effect on the date of the enactment of this Act and shall apply to aliens admitted or provided status as nonimmigrants on or after such date. 202. L visas (a) In general Section 214(c)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(2) ) is amended by adding at the end the following: (G) (i) An employer of an alien who will serve in a capacity for the employer involving specialized knowledge under section 101(a)(15)(L) for a cumulative period of time in excess of 6 months over a 3-year period— (I) will offer to the alien during the period of authorized employment wages that are at least— (aa) the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question; or (bb) the prevailing wage level for the occupational classification in the area of employment, whichever is greater, based on the best information available; and (II) will provide working conditions for such alien that will not adversely affect the working conditions of workers similarly employed. (ii) In complying with the requirements of clause (i), an employer may take into account the value of wages paid by the employer to the alien in the currency of the alien’s home country, the value of benefits paid by the employer to the alien in the alien’s home country, employer-provided housing or housing allowances, employer-provided vehicles or transportation allowances, and other benefits provided to the alien as an incident of the assignment in the United States. (iii) The Secretary of Labor shall have the same investigatory and enforcement powers to ensure compliance with this subparagraph as are set forth in section 212(n)(2). . (b) Effective date The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to employers with respect to aliens issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(L) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(L) ) on or after such date. 203. O visas (a) Portability of o visas The first sentence of section 214(n)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1184(n)(1) ) is amended— (1) by striking section 101(a)(15)(H)(i)(b) and inserting subparagraphs (H)(i)(b) and (O)(i) of section 101(a)(15) ; and (2) by inserting under such sections after new employment . (b) 3-Year waiver of new O–1 consultations for arts and motion pictures and television and transparency for O–1 visas for motion pictures and television (1) In general Section 214(c)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(3) ) is amended— (A) by striking Attorney General each place such term appears and inserting Secretary of Homeland Security ; and (B) by striking the first two sentences of the matter that follows subparagraph (B) and inserting the following: In the case of an alien seeking entry for a motion picture or television production, (i) any opinion under the previous sentence shall only be advisory, (ii) any such opinion that recommends denial must be in writing, (iii) in making the decision the Secretary of Homeland Security shall consider the exigencies and scheduling of the production, (iv) the Secretary of Homeland Security shall append to the decision any such opinion, and (v) upon making the decision, the Secretary of Homeland Security shall immediately provide a copy of the decision to the consulting labor and management organizations. The Secretary of Homeland Security shall provide by regulation for the waiver of the consultation requirement under subparagraph (A) in the case of aliens who have been admitted as nonimmigrants under section 101(a)(15)(O)(i) because of extraordinary ability in the arts or extraordinary achievement in motion picture or television production and who seek readmission to perform similar services within 3 years after the date of a consultation under such subparagraph provided that, in the case of aliens admitted because of extraordinary achievement in motion picture or television production, such waiver shall apply only if the prior consultations by the appropriate union and management organization were favorable or raised no objection to the approval of the petition. . (2) Effective date The amendment made by paragraph (1) shall take effect on the date of the enactment of this Act and shall apply to petitions filed under section 214(c) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c) ) on or after such date and to consultation decisions made before, on, or after such date. 204. Mexican and Canadian professionals Section 214(e) of the Immigration and Nationality Act ( 8 U.S.C. 1184(e) ) is amended by adding at the end the following: (7) (A) An employer of a Mexican or Canadian professional under this subsection— (i) will offer to the alien during the period of authorized employment wages that are at least— (I) the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question; or (II) the prevailing wage level for the occupational classification in the area of employment, whichever is greater, based on the best information available; and (ii) will provide working conditions for such alien that will not adversely affect the working conditions of workers similarly employed. (B) The Secretary of Labor shall have the same investigatory and enforcement powers to ensure compliance with this paragraph as are set forth in section 212(n)(2). . 205. Students (a) Dual intent (1) In general Section 101(a)(15)(F) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(F) ) is amended to read as follows: (F) an alien— (i) who— (I) is a bona fide student qualified to pursue a full course of study in a field of science, technology, engineering, or mathematics (as defined in section 203(b)(6)(B)(ii)) leading to a bachelors or graduate degree and who seeks to enter the United States for the purpose of pursuing such a course of study consistent with section 214(m) at an institution of higher education (as described in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) or a proprietary institution of higher education (as defined in section 102(b) of such Act ( 20 U.S.C. 1002(b) )) in the United States, particularly designated by the alien and approved by the Secretary of Homeland Security, after consultation with the Secretary of Education, which institution shall have agreed to report to the Secretary of Homeland Security the determination of attendance of each nonimmigrant student, and if any such institution fails to make reports promptly the approval shall be withdrawn; or (II) is engaged in temporary employment for optional practical training related to such alien’s area of study following completion of the course of study described in subclause (I); (ii) who has a residence in a foreign country which the alien has no intention of abandoning, who is a bona fide student qualified to pursue a full course of study, and who seeks to enter the United States temporarily and solely for the purpose of pursuing such a course of study consistent with section 214(m) at an established college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program in the United States, particularly designated by the alien and approved by the Secretary of Homeland Security, after consultation with the Secretary of Education, which institution of learning or place of study shall have agreed to report to the Secretary of Homeland Security the determination of attendance of each nonimmigrant student, and if any such institution of learning or place of study fails to make reports promptly the approval shall be withdrawn; (iii) who is the spouse or minor child of an alien described in clause (i) or (ii) if accompanying or following to join such an alien; or (iv) who is a national of Canada or Mexico, who maintains actual residence and place of abode in the country of nationality, who is described in clause (i) or (ii) except that the alien’s qualifications for and actual course of study may be full or part-time, and who commutes to the United States institution or place of study from Canada or Mexico. . (2) Admission Section 214(b) of the Immigration and Nationality Act ( 8 U.S.C. 1184(b) ), as amended by section 108(d)(1) of this Act, is further amended by striking (L) or (V) inserting (F)(i), (L), or (V) . (3) Conforming amendment Section 214(m)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1184(m)(1) ) is amended, in the matter preceding subparagraph (A), by striking (i) or (iii) and inserting (i), (ii), or (iv) . (b) Optional practical training for foreign students Section 214 of the Immigration and Nationality Act ( 8 U.S.C. 1184 ) is amended by adding at the end the following: (s) (1) An employer providing optional practical training to an alien who has been issued a visa or otherwise provided nonimmigrant status under subparagraph (F) or (M) of section 101(a)(15) after completion of the alien’s course of study— (A) shall offer to the alien during the period of optional practical training wages that are at least— (i) the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question; or (ii) the prevailing wage level for the occupational classification in the area of employment, whichever is greater, based on the best information available; and (B) shall provide working conditions for such alien that will not adversely affect the working conditions of workers similarly employed. (2) The Secretary of Labor has the same investigatory and enforcement powers to ensure compliance with paragraph (1) as are set forth in section 212(n)(2). . (c) Effective dates (1) The amendments made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply to nonimmigrants who possess or are granted status under section 101(a)(15)(F) of the Immigration and Nationality Act (8 U.S.C. 1101(a))(15)(F)) on or after such date. (2) The amendment made by subsection (b) shall apply to employers with respect to aliens who begin post-course of study optional practical training with them on or after the date of the enactment of this Act. 206. Extension of employment eligibility while visa extension petition pending (a) In general Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184, as amended by section 205(b), is further amended by adding at the end the following: (t) A nonimmigrant issued a visa or otherwise provided nonimmigrant status under subparagraph (A), (E), (G), (H), (I), (J), (L), (O), (P), (Q), or (R) of section 101(a)(15), or section 214(e), and otherwise as the Secretary of Homeland Security may by regulations prescribe, whose status has expired but who has, or whose sponsoring employer or authorized agent has, filed a timely application or petition for an extension of authorized status as provided under this section, is authorized to continue employment with the same employer for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay until and unless the application or petition is denied. Such authorization shall be subject to the same conditions and limitations noted on the original authorization. . (b) Effective date The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to aliens issued visas or otherwise provided nonimmigrant status before, on, or after such date. 207. Fraud detection and prevention fee Section 214(c)(12)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(12)(A) ) is amended by adding at the end the following: The Secretary of Homeland Security shall also impose the fee described in the preceding sentence on an employer filing an attestation under section 212(t)(1) or employing an alien pursuant to subsection (e). . 208. Technical correction The second subsection designated as subsection (t) of section 212 of the Immigration and Nationality Act ( 8 U.S.C. 1182 ) (as added by section 1(b)(2)(B) of Public Law 108–449 (118 Stat. 3470)) is redesignated as subsection (u) of such section. III Reforms Affecting Both Immigrant and Nonimmigrant Visas A STEM Education Funding 301. Funding for STEM education and training (a) Nonimmigrant fee adjustment and allocation Section 214(c)(9) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(9) ) is amended— (1) in subparagraph (A)— (A) in the matter preceding clause (i)— (i) by striking (20 U.S.C. 1001(a), and inserting ( 20 U.S.C. 1001(a) ), ; and (ii) by striking filing before a petition and inserting filing a petition ; (2) by amending subparagraph (B) to read as follows: (B) The amount of the fee imposed under this paragraph shall be— (i) $1,250 for each such petition filed by an employer with not more than 25 full-time equivalent employees who are employed in the United States (determined by including any affiliate or subsidiary of such employer); and (ii) $2,500 for each such petition filed by an employer with more than 25 such employees. ; (3) by amending subparagraph (C) to read as follows: (C) Fees collected under this paragraph shall be distributed as follows: (i) Of the amounts collected pursuant to subparagraph (B)(i)— (I) $750 shall be deposited in the Treasury in accordance with section 286(s); and (II) $500 shall be deposited in the Treasury in accordance with section 286(x). (ii) Of the amounts collected pursuant to subparagraph (B)(ii)— (I) $1,500 shall be deposited in the Treasury in accordance with section 286(s); and (II) $1,000 shall be deposited in the Treasury in accordance with section 286(x). ; (4) by redesignating subparagraph (C) as subparagraph (D); and (5) by inserting after subparagraph (B) the following: (C) The Secretary of Homeland Security shall impose the fee described in this paragraph on an employer filing an attestation under section 212(t)(1), and on an employer employing an alien pursuant to section 214(e), in the same manner as such fee is imposed on an employer described in subparagraph (A). In the case of employment pursuant to section 214(e), the Secretary of Homeland Security shall establish a method of imposing the fee described in the preceding sentence notwithstanding the absence of a petition or attestation. . (b) Conforming amendment Section 286(s)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1356(s)(1) ) is amended by striking the last sentence and inserting There shall be deposited as offsetting receipts into the account a portion of the fees collected under paragraphs (9) and (11) of section 214(c). . (c) Immigrant fee Section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)) is amended by adding at the end the following: (7) Funding for STEM education and training The Secretary of Homeland Security shall impose a fee of $1,000 on each I–140 immigrant visa petition filed under this subsection. Amounts collected under this paragraph shall be deposited into the Treasury in accordance with section 286(x). . (d) Effective date The amendments made by this section shall take effect on October 1, 2013, and shall apply to petitions filed under section 214(c)(1) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(1)), and attestations filed under section 212(t)(1) of such Act (8 U.S.C. 1182(t)(1)), on or after such date. 302. Promoting American Ingenuity Account Section 286 of the Immigration and Nationality Act ( 8 U.S.C. 1356 ), as amended by section 201(c)(1)(B) of this Act, is further amended by adding at the end the following: (x) Promoting American Ingenuity Account (1) In general There is established in the general fund of the Treasury a separate account, which shall be known as the Promoting American Ingenuity Account . There shall be deposited as offsetting receipts into the account fees collected under section 203(b)(7) and a portion of the fees collected under section 214(c)(9). Amounts deposited into the account shall remain available to the Secretary of Education until expended. (2) Purposes The purposes of the Promoting American Ingenuity Account are to enhance the economic competitiveness of the United States by— (A) strengthening STEM education, including in computer science, at all levels; (B) ensuring that schools have access to well-trained and effective STEM teachers; and (C) helping colleges and universities produce more graduates in fields needed by American employers. (3) Allocation of funds (A) Reservation of funds (i) In general The Secretary of Education may reserve up to 5 percent of the amounts deposited into the Promoting American Ingenuity Account to carry out the activities described in clause (ii). (ii) National activities From the amounts reserved under clause (i), the Secretary of Education shall, directly or through grants and contracts— (I) provide technical assistance to States and local educational agencies in carrying out activities described in section 304 of the SKILLS Visa Act ; and (II) acting through the Institute of Education Sciences, conduct national evaluations of activities carried out by the State under such section 304. (B) Allocations to States (i) In general Subject to clause (ii), the Secretary of Education shall proportionately allocate the remaining amounts deposited into the account to the States each fiscal year in an amount that bears the same relationship to the remainder as the amount the State received under subpart 2 of part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6331 et seq.) for the preceding fiscal year bears to the amount all States received under that subpart for the preceding fiscal year. (ii) Minimum allocations No State shall receive less than an amount equal to 0.5 percent of the total amount made available to all States from the Promoting American Ingenuity Account. If a State does not request an allocation from the Account for a fiscal year, the Secretary shall reallocate the State's allocation to those States with approved applications under section 303 of the SKILLS Visa Act in accordance with clause (i). . 303. STEM education grant application process (a) Application Each Governor and Chief State School Officer desiring to receive an allocation from the Promoting American Ingenuity Account established under section 286(x) of the Immigration and Nationality Act (as added by section 302 of this Act) shall jointly submit a plan, including a proposed budget, signed by the Governor and Chief Sate School Officer, to the Secretary of Education at such time, and in such manner, as the Secretary may require, that— (1) designates a State agency as the agency responsible for carrying out programs funded by such allocation; (2) describes the activities to be funded with such allocation and how such activities will improve STEM education in the State; (3) describes how the State will partner with employers to design and carry out the activities funded by such allocation; (4) describes how the State will collaborate with institutions of higher education (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ), except that such term does not include institutions described in subsection (a)(1)(C) of such section 102), local educational agencies, State and local workforce investment boards funded under the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.), and other State and local government entities as appropriate to carry out the activities funded by such allocation; and (5) describes how the State will coordinate activities funded by such allocation with activities funded under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ), and the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ). (b) Prohibition (1) In general The information described in subsection (a) shall be the only information required of States, and the Secretary of Education shall not establish any additional criteria for State eligibility for such allocations. (2) Standards and assessments The Secretary shall not condition State receipt of such allocations on any decision to adopt, or not to adopt, academic standards or assessments for the State’s elementary and secondary schools. (c) Deemed Approval A plan submitted under subsection (a) shall be deemed to be approved by the Secretary of Education unless the Secretary makes a written determination, prior to the expiration of the 60-day period beginning on the date on which the Secretary received the plan, that the plan is not in compliance with this section. 304. Authorized activities A State or other entity that receives funding from the Promoting American Ingenuity Account may use such funds for one or more of the following activities: (1) To strengthen the State’s academic standards in science, technology, engineering, and mathematics (STEM); (2) To implement strategies for the recruitment, training, placement, and retention of teachers in STEM fields, including computer science; (3) To carry out initiatives designed to assist students in succeeding and graduating from postsecondary STEM programs; (4) To improve the availability and access to STEM-related worker training programs, including community college courses and programs; and (5) For other activities to improve STEM education. 305. National evaluations (a) Annual Report The Secretary of Education shall submit a report describing the results of each evaluation conducted under section 286(x)(3)(A)(ii)(II) of the Immigration and Nationality Act (as added by section 302 of this Act) to— (1) the President; (2) the Committee on the Judiciary of the Senate ; (3) the Committee on the Judiciary of the House of Representatives ; (4) the Committee on Health, Education, Labor, and Pensions of the Senate ; and (5) the Committee on Education and the Workforce of the House of Representatives . (b) Dissemination The Secretary of Education shall make the findings of such evaluations widely available to educators, the business community, and the public. 306. Rule of construction Nothing in this subtitle may be construed to permit the Secretary of Education or any other Federal official to approve the content or academic achievement standards, academic assessments, or curriculum of a State. B Other Reforms 311. Prevailing wages (a) In general Section 212(p) of the Immigration and Nationality Act (8 U.S.C. 1182(p)) is amended— (1) in paragraph (1), by striking subsections (a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) and inserting subsections (a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) of this section, and subsections (c)(2)(G), (e), and (s) of section 214, ; (2) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; (3) by inserting after paragraph (1) the following: (2) In computing the prevailing wage level for an occupational classification in an area of employment for purposes of subsections (a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) of this section, and subsections (c)(2)(G), (e), and (s) of section 214, in the case of an alien who begins work with their employer under such section within one year of graduation from an institution that is described in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ) or is a proprietary institution of higher education (as defined in section 102(b) of such Act (20 U.S.C. 1002(b))), the wage level shall be the wage level specified in subparagraph (A), (B), or (C) of paragraph (5) depending on the alien’s experience, education, and level of supervision. In computing the prevailing wage level for an occupational classification in an area of employment for purposes of subsections (a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) of this section, and subsections (c)(2)(G), (e), and (s) of section 214, in the case of an alien who does not begin work with their employer under such section within one year of graduation from an institution that is described in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ) or is a proprietary institution of higher education (as defined in section 102(b) of such Act ( 20 U.S.C. 1002(b) )), the wage level shall be the wage level specified in subparagraph (B) or (C) of paragraph (5), depending on the alien’s experience, education, and level of supervision. ; (4) in paragraph 4 (as redesignated), by striking subsections (a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) and inserting subsections (a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) of this section, and subsections (c)(2)(G), (e), and (s) of section 214, ; and (5) by amending paragraph (5) (as redesignated) to read as follows: (5) Subject to paragraph (2), the Secretary of Labor shall make available to employers a governmental survey to determine the prevailing wage for each occupational classification by metropolitan statistical area in the United States. Such survey, or other survey approved by the Secretary of Labor, shall provide 3 levels of wages commensurate with experience, education, and level of supervision. Such wage levels shall be determined as follows: (A) The first level shall be the mean of the lowest two-thirds of wages surveyed, but in no case less than 80 percent of the mean of the wages surveyed. (B) The second level shall be the mean of wages surveyed. (C) The third level shall be the mean of the highest two-thirds of wages surveyed. . (b) Effective date The amendments made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply to employers with regard to labor certifications under sections 212(a)(5)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(5)(A) ), labor condition applications under section 212(n)(1) of such Act ( 8 U.S.C. 1182(n)(1) ), and attestations under section 212(t)(1) of such Act ( 8 U.S.C. 1182(t)(1) ), filed on or after such date, to employers with regard to aliens issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(L) of such Act (8 U.S.C. 1101(a)(15)(L)) on or after such date, and to employers with regard to aliens they provide post-course of study optional practical training that begins on or after such date. 312. Streamlining petitions for established employers (a) In general Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(c)) is amended by adding at the end the following: (15) The Secretary of Homeland Security shall establish a pre-certification procedure for employers who file multiple petitions described in this subsection or section 204(a)(1)(F). Such precertification procedure shall enable an employer to avoid repeatedly submitting documentation that is common to multiple petitions and establish, through a single filing, criteria relating to the employer and the offered employment opportunity. . (b) Effective date The amendment made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply to petitions filed under section 204(a)(1)(F) or 214(c) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(F) or 1184(c)) beginning 180 days after such date. | https://www.govinfo.gov/content/pkg/BILLS-113hr2131ih/xml/BILLS-113hr2131ih.xml |
113-hr-2132 | I 113th CONGRESS 1st Session H. R. 2132 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Ms. Wilson of Florida (for herself and Ms. Eddie Bernice Johnson of Texas ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology , and in addition to the Committees on Natural Resources 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 reauthorize Federal natural hazards reduction programs, and for other purposes.
1. Short title This Act may be cited as the Natural Hazards Risk Reduction Act of 2013 . 2. Findings Congress finds the following: (1) The United States faces significant risks from many types of natural hazards, including earthquakes, hurricanes, tornadoes, wildfires, and floods. Increasing numbers of Americans are living in areas prone to these hazards. (2) Earthquakes occur without warning and can have devastating effects. According to the United States Geological Survey, the Northridge Earthquake in 1994 and the Loma Prieta Earthquake in 1989 killed nearly 100 people, injured 12,757, and caused $33 billion in damages. Nearly all States face some level of seismic risk. Twenty-six urban areas in 14 States have a significant seismic risk. (3) Severe weather is the most costly natural hazard, measured on a per year basis. According to data from the National Weather Service over the last 10 years, severe weather has caused an average of 278 fatalities and $24.3 billion of property damage per year. In 2012, Hurricane Sandy inflicted the worst power outage caused by a natural disaster in the history of the United States and resulted in an estimated $70 billion in damages. The 2005 hurricane season was one of the most destructive in United States history, killing 1,836 people, and causing $80 billion in damage. (4) The United States Fire Administration reports that 38 percent of new home construction in 2002 was in areas adjacent to, or intermixed with, wildlands. Fires in the wildland-urban interface are costly. For example, the 2007 California Witch fire alone caused $1.3 billion in insured property losses, according to the Insurance Services Office (ISO). In addition, the Government Accountability Office reported in 2009 that the Federal spending for wildfire suppression between 2001 and 2007 was, on average, $2.9 billion per year. (5) Developing better knowledge about natural hazard phenomena and their effects is crucial to assessing the risks these hazards pose to communities. Instrumentation, monitoring, and data gathering to characterize earthquakes and wind events are important activities to increase this knowledge. (6) Current building codes and standards can mitigate the damages caused by natural hazards. The Institute for Business and Home Safety estimated that the $19 billion in damage caused by Hurricane Andrew in 1994 could have been reduced by half if such codes and standards were in effect. Research for the continuous improvement of building codes, standards, and design practices—and for developing methods to retrofit existing structures—is crucial to mitigating losses from natural hazards. (7) Since its creation in 1977, the National Earthquake Hazards Reduction Program (NEHRP) has supported research to develop seismic codes, standards, and building practices that have been widely adopted. The NEHRP Recommended Provisions for Seismic Regulations for New Buildings and Other Structures and the Guidance for Seismic Performance Assessment of Buildings are two examples. (8) Research to understand the institutional, social, behavioral, and economic factors that influence how households, businesses, and communities perceive risk and prepare for natural hazards, and how well they recover after a disaster, can increase the implementation of risk mitigation measures. (9) A major goal of the Federal natural hazards-related research and development effort should be to reduce the loss of life and damage to communities and infrastructure through increasing the adoption of hazard mitigation measures. (10) Research, development, and technology transfer to secure infrastructure is vitally important. Infrastructure that supports electricity, transportation, drinking water, and other services is vital immediately after a disaster, and their quick return to function speeds the economic recovery of a disaster-impacted community. I Earthquakes 101. Short title This title may be cited as the National Earthquake Hazards Reduction Program Reauthorization Act of 2013 . 102. Findings Section 2 of the Earthquake Hazards Reduction Act of 1977 ( 42 U.S.C. 7701 ) is repealed. 103. Definitions Section 4 of the Earthquake Hazards Reduction Act of 1977 ( 42 U.S.C. 7703 ) is amended by striking paragraphs (8) and (9). 104. National Earthquake Hazards Reduction Program Section 5 of the Earthquake Hazards Reduction Act of 1977 ( 42 U.S.C. 7704 ) is amended— (1) in subsection (a)— (A) by amending paragraph (2) to read as follows: (2) Program activities The activities of the Program shall be designed to— (A) research and develop effective methods, tools, and technologies to reduce the risk posed by earthquakes to the built environment, especially to lessen the risk to existing structures and lifelines; (B) improve the understanding of earthquakes and their effects on households, businesses, communities, buildings, structures, and lifelines, through interdisciplinary and multidisciplinary research that involves engineering, natural sciences, and social sciences; and (C) facilitate the adoption of earthquake risk reduction measures by households, businesses, communities, local, State, and Federal governments, national standards and model building code organizations, architects and engineers, building owners, and others with a role in planning for disasters and planning, constructing, retrofitting, and insuring buildings, structures, and lifelines through— (i) grants, contracts, cooperative agreements, and technical assistance; (ii) development of standards, guidelines, voluntary consensus standards, and other design guidance for earthquake hazards risk reduction for buildings, structures, and lifelines; (iii) outreach and information dissemination to communities on location-specific earthquake hazards and methods to reduce the risks from those hazards; and (iv) development and maintenance of a repository of information, including technical data, on seismic risk and hazards reduction. ; and (B) by striking paragraphs (3) through (5); (2) by amending subsection (b) to read as follows: (b) Responsibilities of program agencies (1) Lead agency The National Institute of Standards and Technology (in this section referred to as the Institute ) shall be responsible for planning and coordinating the Program. In carrying out this paragraph, the Director of the Institute shall— (A) ensure that the Program includes the necessary components to promote the implementation of earthquake hazards risk reduction measures by households, businesses, communities, local, State, and Federal governments, national standards and model building code organizations, architects and engineers, building owners, and others with a role in preparing for disasters, or the planning, constructing, retrofitting, and insuring of buildings, structures, and lifelines; (B) support the development of performance-based seismic engineering tools, and work with the appropriate groups to promote the commercial application of such tools, through earthquake-related building codes, standards, and construction practices; (C) ensure the use of social science research and findings in informing research and technology development priorities, communicating earthquake risks to the public, developing earthquake risk mitigation strategies, and preparing for earthquake disasters; (D) coordinate all Federal post-earthquake investigations; and (E) when warranted by research or investigative findings, issue recommendations for changes in model codes to the relevant code development organizations, and report back to Congress on whether such recommendations were adopted. (2) National Institute of Standards and Technology In addition to the lead agency responsibilities described under paragraph (1), the Institute shall be responsible for carrying out research and development to improve building codes and standards and practices for buildings, structures, and lifelines. In carrying out this paragraph, the Director of the Institute shall— (A) work, in conjunction with other appropriate Federal agencies, to support the development of improved seismic standards and model codes; (B) in coordination with other appropriate Federal agencies, work closely with standards and model code development organizations, professional societies, and practicing engineers, architects, and others involved in the construction of buildings, structures, and lifelines, to promote better building practices, including by— (i) developing technical resources for practitioners on new knowledge and standards of practice; and (ii) developing methods and tools to facilitate the incorporation of earthquake engineering principles into design and construction practices; (C) develop tools, technologies, methods, and practitioner guidance to feasibly and cost-effectively retrofit existing buildings and structures to increase their earthquake resiliency; and (D) work closely with national standards organizations, and other interested parties, to develop seismic safety standards and practices for new and existing lifelines. (3) Federal Emergency Management Agency (A) In general The Federal Emergency Management Agency (in this paragraph referred to as the Agency ), consistent with the Agency’s all hazards approach, shall be responsible for facilitating the development and adoption of standards, model building codes, and better seismic building practices, developing tools to assess earthquake hazards, promoting the adoption of hazard mitigation measures, and carrying out a program of direct assistance to States and localities to mitigate earthquake risks to buildings, structures, lifelines, and communities. (B) Director’s duties The Director of the Agency shall— (i) work closely with other relevant Federal agencies, standards and model building code development organizations, architects, engineers, and other professionals, to facilitate the development and adoption of standards, model codes, and design and construction practices to increase the earthquake resiliency of new and existing buildings, structures, and lifelines in the— (I) preparation, maintenance, and wide dissemination of design guidance, model building codes and standards, and practices to increase the earthquake resiliency of new and existing buildings, structures, and lifelines; (II) development of performance-based design guidelines and methodologies supporting model codes for buildings, structures, and lifelines; and (III) development of methods and tools to facilitate the incorporation of earthquake engineering principles into design and construction practices; (ii) develop tools, technologies, and methods to assist local planners, and others, to model and predict the potential impact of earthquake damage in seismically hazardous areas; and (iii) support the implementation of a comprehensive earthquake education and public awareness program, including the development of materials and their wide dissemination to all appropriate audiences, and support public access to locality-specific information that may assist the public in preparing for, mitigating against, responding to, and recovering from earthquakes and related disasters. (C) State assistance grant program The Director of the Agency shall operate a program of grants and assistance to enable States to develop mitigation, preparedness, and response plans, compare inventories and conduct seismic safety inspections of critical structures and lifelines, update building and zoning codes and ordinances to enhance seismic safety, increase earthquake awareness and education, and encourage the development of multistate groups for such purposes. The Director shall operate such programs in coordination with the all hazards mitigation and preparedness programs authorized by the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ), in order to ensure that such programs are as consistent as possible. In order to qualify for assistance under this subparagraph, a State must— (i) demonstrate that the assistance will result in enhanced seismic safety in the State; (ii) provide 50 percent of the costs of the activities for which assistance is being given, except that the Director may lower or waive the cost-share requirement for these activities in exceptional cases of economic hardship; and (iii) meet such other requirements as the Director of the Agency shall prescribe. (D) Federal Emergency Management Agency role and responsibility Nothing in this Act shall be construed to diminish the role and responsibility of the Federal Emergency Management Agency with regard to all hazards preparedness, response, recovery, and mitigation. (4) United States Geological Survey The United States Geological Survey (in this paragraph referred to as the Survey ) shall conduct research and other activities necessary to characterize and identify earthquake hazards, assess earthquake risks, monitor seismic activity, and provide real-time earthquake information. In carrying out this paragraph, the Director of the Survey shall— (A) conduct a systematic assessment of the seismic risks in each region of the Nation prone to earthquakes, including, where appropriate, the establishment and operation of intensive monitoring projects on hazardous faults, detailed seismic hazard and risk studies in urban and other developed areas where earthquake risk is determined to be significant, and engineering seismology studies; (B) work with officials of State and local governments to ensure that they are knowledgeable about the specific seismic risks in their areas; (C) develop standard procedures, in consultation with the Director of the Federal Emergency Management Agency, for issuing earthquake alerts, including aftershock advisories, and, to the extent possible, ensure that such alerts are compatible with the Integrated Public Alerts and Warning System program authorized by section 202 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5132 ); (D) issue when justified, and notify the Director of the Federal Emergency Management Agency of, an earthquake prediction or other earthquake advisory, which may be evaluated by the National Earthquake Prediction Evaluation Council; (E) operate, as integral parts of the Advanced National Seismic Research and Monitoring System, a National Earthquake Information Center and a national seismic network, together providing timely and accurate information on earthquakes worldwide; (F) support the operation of regional seismic networks in areas of higher seismic risk; (G) develop and support seismic instrumentation of buildings and other structures to obtain data on their response to earthquakes for use in engineering studies and assessment of damage; (H) monitor and assess Earth surface deformation as it pertains to the evaluation of earthquake hazards and impacts; (I) work with other Program agencies to maintain awareness of, and where appropriate cooperate with, earthquake risk reduction efforts in other countries, to ensure that the Program benefits from relevant information and advances in those countries; (J) maintain suitable seismic hazard maps in support of building codes for structures and lifelines, including additional maps needed for performance-based design approaches, and, to the extent possible, ensure that such maps are developed consistent with the multihazard advisory maps authorized by section 203(k) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5133(k) ); (K) conduct a competitive, peer-reviewed process which awards grants and cooperative agreements to complement and extend related internal Survey research and monitoring activities; and (L) operate, in cooperation with the National Science Foundation, a Global Seismographic Network for detection of earthquakes around the world and research into fundamental earth processes. (5) National Science Foundation The National Science Foundation shall be responsible for funding basic research that furthers the understanding of earthquakes, earthquake engineering, and community preparation and response to earthquakes. In carrying out this paragraph, the Director of the National Science Foundation shall— (A) support multidisciplinary and interdisciplinary research that will improve the resiliency of communities to earthquakes, including— (i) research that improves the safety and performance of buildings, structures, and lifelines, including the use of the large-scale experimental and computational facilities of the George E. Brown, Jr. Network for Engineering Earthquake Simulation; (ii) research to support more effective earthquake mitigation and response measures, such as developing better knowledge of the specific types of vulnerabilities faced by segments of the community vulnerable to earthquakes, addressing the barriers they face in adopting mitigation and preparation measures, and developing methods to better communicate the risks of earthquakes and to promote mitigation; and (iii) research on the response of communities, households, businesses, and emergency responders to earthquakes; (B) support research to understand earthquake processes, earthquake patterns, and earthquake frequencies; (C) encourage prompt dissemination of significant findings, sharing of data, samples, physical collections, and other supporting materials, and development of intellectual property so research results can be used by appropriate organizations to mitigate earthquake damage; (D) work with other Program agencies to maintain awareness of, and where appropriate cooperate with, earthquake risk reduction research efforts in other countries, to ensure that the Program benefits from relevant information and advances in those countries; and (E) include to the maximum extent practicable diverse institutions, including Historically Black Colleges and Universities, Hispanic-serving institutions, Tribal Colleges and Universities, Alaska Native-serving institutions, and Native Hawaiian-serving institutions. ; and (3) in subsection (c)(1) by inserting on Natural Hazards Risk Reduction established under section 301 of the Natural Hazards Risk Reduction Act of 2013 after Interagency Coordinating Committee . 105. Post-earthquake investigations program Section 11 of the Earthquake Hazards Reduction Act of 1977 ( 42 U.S.C. 7705e ) is amended by striking There is established and all that follows through conduct of such earthquake investigations. and inserting The Program shall include a post-earthquake investigations program, the purpose of which is to investigate major earthquakes so as to learn lessons which can be applied to reduce the loss of lives and property in future earthquakes. The lead Program agency, in consultation with each Program agency, shall organize investigations to study the implications of the earthquakes in the areas of responsibility of each Program agency. The investigations shall begin as rapidly as possible and may be conducted by grantees and contractors. The Program agencies shall ensure that the results of the investigations are disseminated widely. . 106. Authorization of appropriations (a) In general Section 12 of the Earthquake Hazards Reduction Act of 1977 ( 42 U.S.C. 7706 ) is amended— (1) by adding at the end of subsection (a) the following: (9) There are authorized to be appropriated to the Federal Emergency Management Agency for carrying out this Act— (A) $10,238,000 for fiscal year 2013; (B) $10,545,000 for fiscal year 2014; (C) $10,861,000 for fiscal year 2015; (D) $11,187,000 for fiscal year 2016; and (E) $11,523,000 for fiscal year 2017. ; (2) by adding at the end of subsection (b) the following: (3) There are authorized to be appropriated to the United States Geological Survey for carrying out this Act— (A) $90,000,000 for fiscal year 2013, of which $36,000,000 shall be made available for completion of the Advanced National Seismic Research and Monitoring System; (B) $92,100,000 for fiscal year 2014, of which $37,000,000 shall be made available for completion of the Advanced National Seismic Research and Monitoring System; (C) $94,263,000 for fiscal year 2015, of which $38,000,000 shall be made available for completion of the Advanced National Seismic Research and Monitoring System; (D) $96,491,000 for fiscal year 2016, of which $39,000,000 shall be made available for completion of the Advanced National Seismic Research and Monitoring System; and (E) $98,786,000 for fiscal year 2017, of which $40,000,000 shall be made available for completion of the Advanced National Seismic Research and Monitoring System. ; (3) by adding at the end of subsection (c) the following: (3) There are authorized to be appropriated to the National Science Foundation for carrying out this Act— (A) $64,125,000 for fiscal year 2013; (B) $66,049,000 for fiscal year 2014; (C) $68,030,000 for fiscal year 2015; (D) $70,071,000 for fiscal year 2016; and (E) $72,173,000 for fiscal year 2017. ; and (4) by adding at the end of subsection (d) the following: (3) There are authorized to be appropriated to the National Institute of Standards and Technology for carrying out this Act— (A) $7,000,000 for fiscal year 2013; (B) $7,700,000 for fiscal year 2014; (C) $7,931,000 for fiscal year 2015; (D) $8,169,000 for fiscal year 2016; and (E) $8,414,000 for fiscal year 2017. . (b) Conforming amendment Section 14 of the National Earthquake Hazards Reduction Act of 1977 ( 42 U.S.C. 7708 ) is amended— (1) by striking (a) Establishment.— ; and (2) by striking subsection (b). II Wind 201. Short title This title may be cited as the National Windstorm Impact Reduction Act Reauthorization of 2013 . 202. Purpose Section 202 of the National Windstorm Impact Reduction Act of 2004 ( 42 U.S.C. 15701 ) is amended to read as follows: 202. Purpose It is the purpose of the Congress in this title to achieve a major measurable reduction in losses of life and property from windstorms through the establishment and maintenance of an effective Windstorm Impact Reduction Program. The objectives of such Program shall include— (1) the education of households, businesses, and communities about the risks posed by windstorms, and the identification of locations, structures, lifelines, and segments of the community which are especially vulnerable to windstorm damage and disruption, and the dissemination of information on methods to reduce those risks; (2) the development of technologically and economically feasible design and construction methods and procedures to make new and existing structures, in areas of windstorm risk, windstorm resilient, giving high priority to the development of such methods and procedures for lifelines, structures associated with a potential high loss of life, and structures that are especially needed in times of disasters, such as hospitals and public safety and shelter facilities; (3) the implementation, in areas of major windstorm risk, of instrumentation to record and gather data on windstorms and the characteristics of the wind during those events, and continued research to increase the understanding of windstorm phenomena; (4) the development, publication, and promotion, in conjunction with State and local officials and professional organizations, of model building codes and standards and other means to encourage consideration of information about windstorm risk in making decisions about land use policy and construction activity; and (5) the facilitation of the adoption of windstorm risk mitigation measures in areas of windstorm risk by households, businesses, and communities through outreach, incentive programs, and other means. . 203. Definitions Section 203(1) of the National Windstorm Impact Reduction Act of 2004 ( 42 U.S.C. 15702(1) ) is amended by striking Director of the Office of Science and Technology Policy and inserting Director of the National Institute of Standards and Technology . 204. National windstorm impact reduction program Section 204 of the National Windstorm Impact Reduction Act of 2004 ( 42 U.S.C. 15703 ) is amended to read as follows: 204. National Windstorm Impact Reduction Program (a) Establishment There is established the National Windstorm Impact Reduction Program. (b) Program Activities The activities of the Program shall be designed to— (1) research and develop cost-effective, feasible methods, tools, and technologies to reduce the risks posed by windstorms to the built environment, especially to lessen the risk to existing structures and lifelines; (2) improve the understanding of windstorms and their impacts on households, businesses, communities, buildings, structures, and lifelines, through interdisciplinary and multidisciplinary research that involves engineering, natural sciences, and social sciences; and (3) facilitate the adoption of windstorm risk reduction measures by households, businesses, communities, local, State and Federal governments, national standards and model building code organizations, architects and engineers, building owners, and others with a role in planning for disasters and planning, constructing, retrofitting, and insuring buildings, structures, and lifelines through— (A) grants, contracts, cooperative agreements, and technical assistance; (B) development of hazard maps, standards, guidelines, voluntary consensus standards, and other design guidance for windstorm risk reduction for buildings, structures, and lifelines; (C) outreach and information dissemination to communities on site specific windstorm hazards and ways to reduce the risks from those hazards; and (D) development and maintenance of a repository of information, including technical data, on windstorm hazards and risk reduction; (c) Responsibilities of Program Agencies (1) Lead agency The National Institute of Standards and Technology (in this section referred to as the Institute ) shall be responsible for planning and coordinating the Program. In carrying out this paragraph, the Director of the Institute shall— (A) ensure that the Program includes the necessary components to promote the implementation of windstorm risk reduction measures by households, businesses, communities, local, State, and Federal governments, national standards and model building code organizations, architects and engineers, building owners, and others with a role in planning and preparing for disasters, and planning constructing, and retrofitting, and insuring buildings, structures, and lifelines; (B) support the development of performance-based engineering tools, and work with the appropriate groups to promote the commercial application of such tools, through wind-related building codes, standards, and construction practices; (C) ensure the use of social science research and findings in informing the development of technology and research priorities, in communicating windstorm risks to the public, in developing windstorm risk mitigation strategies, and in preparing for windstorm disasters; (D) coordinate all Federal post-windstorm investigations; and (E) when warranted by research or investigative findings, issue recommendations for changes in model codes to the relevant code development organizations, and report back to Congress on whether such recommendations were adopted. (2) National Institute of Standards and Technology In addition to the lead agency responsibilities described under paragraph (1), the Institute shall be responsible for carrying out research and development to improve model codes, standards, design guidance and practices for the construction and retrofit of buildings, structures, and lifelines. In carrying out this paragraph, the Director of the Institute shall— (A) support the development of instrumentation, data processing, and archival capabilities, and standards for the instrumentation and its deployment, to measure wind, wind loading, and other properties of severe wind and structure response; (B) coordinate with other appropriate Federal agencies to make the data described in subparagraph (A) available to researchers, standards and code developers, and local planners; (C) support the development of tools and methods for the collection of data on the loss of and damage to structures, and data on surviving structures after severe windstorm events; (D) improve the knowledge of the impact of severe wind on buildings, structures, lifelines, and communities; (E) develop cost-effective windstorm impact reduction tools, methods, and technologies; (F) work, in conjunction with other appropriate Federal agencies, to support the development of wind standards and model codes; and (G) in conjunction with other appropriate Federal agencies, work closely with standards and model code development organizations, professional societies, and practicing engineers, architects, and others involved in the construction of buildings, structures, and lifelines, to promote better building practices, including by— (i) supporting the development of technical resources for practitioners to implement new knowledge; and (ii) supporting the development of methods and tools to incorporate wind engineering principles into design and construction practices. (3) Federal Emergency Management Agency The Federal Emergency Management Agency, consistent with the Agency’s all hazards approach, shall support the development of risk assessment tools and effective mitigation techniques, assist with windstorm-related data collection and analysis, and support outreach, information dissemination, and implementation of windstorm preparedness and mitigation measures by households, businesses, and communities, including by— (A) working to develop or improve risk-assessment tools, methods, and models; (B) work closely with other appropriate Federal agencies to develop and facilitate the adoption of windstorm impact reduction measures, including by— (i) developing cost-effective retrofit measures for existing buildings, structures, and lifelines to improve windstorm performance; (ii) developing methods, tools, and technologies to improve the planning, design, and construction of new buildings, structures, and lifelines; (iii) supporting the development of model wind codes and standards for buildings, structures, and lifelines; and (iv) developing technical resources for practitioners that reflect new knowledge and standards of practice; and (C) develop and disseminate guidelines for the construction of windstorm shelters. Nothing in this Act shall be construed to diminish the role and responsibility of the Federal Emergency Management Agency with regard to all hazards preparedness, response, recovery, and mitigation. (4) National oceanic and atmospheric administration The National Oceanic and Atmospheric Administration shall support atmospheric sciences research and data collection to improve the understanding of the behavior of windstorms and their impact on buildings, structures, and lifelines, including by— (A) working with other appropriate Federal agencies to develop and deploy instrumentation to measure speed and other characteristics of wind, and to collect, analyze, and make available such data; (B) working with officials of State and local governments to ensure that they are knowledgeable about, and prepared for, the specific windstorm risks in their area; (C) supporting the development of suitable wind speed maps and other derivative products that support building codes and other hazard mitigation approaches for buildings, structures, and lifelines, and, to the extent possible, ensure that such maps and other derivative products are developed consistent with the multihazard advisory maps authorized by section 203(k) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5133(k) ); (D) conducting a competitive, peer-reviewed process which awards grants and cooperative agreements to complement the National Oceanic and Atmospheric Administration’s wind-related and storm surge-related research and data collection activities; (E) working with other appropriate Federal agencies and State and local governments to develop or improve risk-assessment tools, methods, and models; and (F) working with other appropriate Federal agencies to develop storm surge models to better understand the interaction between windstorms and bodies of water. (5) National science foundation The National Science Foundation shall be responsible for funding basic research that furthers the understanding of windstorms, wind engineering, and community preparation and response to windstorms. In carrying out this paragraph, the Director of the National Science Foundation shall— (A) support multidisciplinary and interdisciplinary research that will improve the resiliency of communities to windstorms, including— (i) research that improves the safety and performance of buildings, structures, and lifelines; (ii) research to support more effective windstorm mitigation and response measures, such as developing better knowledge of the specific types of vulnerabilities faced by segments of the community vulnerable to windstorms, addressing the barriers they face in adopting mitigation and preparation measures, and developing methods to better communicate the risks of windstorms and to promote mitigation; and (iii) research on the response of communities to windstorms, including on the effectiveness of the emergency response, and the recovery process of communities, households, and businesses; (B) support research to understand windstorm processes, windstorm patterns, and windstorm frequencies; (C) encourage prompt dissemination of significant findings, sharing of data, samples, physical collections, and other supporting materials, and development of intellectual property so research results can be used by appropriate organizations to mitigate windstorm damage; (D) work with other Program agencies to maintain awareness of, and where appropriate cooperate with, windstorm risk reduction research efforts in other countries, to ensure that the Program benefits from relevant information and advances in those countries; and (E) include to the maximum extent practicable diverse institutions, including Historically Black Colleges and Universities, Hispanic-serving institutions, Tribal Colleges and Universities, Alaska Native-serving institutions, and Native Hawaiian-serving institutions. . 205. Authorization of Appropriations Section 207 of the National Windstorm Impact Reduction Program of 2004 ( 42 U.S.C. 15706 ) is amended to read as follows: 207. Authorization of Appropriations (a) Federal emergency management agency There are authorized to be appropriated to the Federal Emergency Management Agency for carrying out this title— (1) $9,682,000 for fiscal year 2013; (2) $9,972,500 for fiscal year 2014; (3) $10,271,600 for fiscal year 2015; (4) $10,579,800 for fiscal year 2016; and (5) $10,897,200 for fiscal year 2017. (b) National science foundation There are authorized to be appropriated to the National Science Foundation for carrying out this title— (1) $9,682,000 for fiscal year 2013; (2) $9,972,500 for fiscal year 2014; (3) $10,271,600 for fiscal year 2015; (4) $10,579,800 for fiscal year 2016; and (5) $10,897,200 for fiscal year 2017. (c) National institute of standards and technology There are authorized to be appropriated to the National Institute of Standards and Technology for carrying out this title— (1) $4,120,000 for fiscal year 2013; (2) $4,243,600 for fiscal year 2014; (3) $4,370,900 for fiscal year 2015; (4) $4,502,000 for fiscal year 2016; and (5) $4,637,100 for fiscal year 2017. (d) National oceanic and atmospheric administration There are authorized to be appropriated to the National Oceanic and Atmospheric Administration for carrying out this title— (1) $2,266,000 for fiscal year 2013; (2) $2,334,000 for fiscal year 2014; (3) $2,404,000 for fiscal year 2015; (4) $2,476,100 for fiscal year 2016; and (5) $2,550,400 for fiscal year 2017. . III Interagency Coordinating Committee on Natural Hazards Risk Reduction 301. Interagency Coordinating Committee on Natural Hazards Risk Reduction (a) In general There is established an Interagency Coordinating Committee on Natural Hazards Risk Reduction, chaired by the Director of the National Institute of Standards and Technology. (1) Membership In addition to the chair, the Committee shall be composed of— (A) the directors of— (i) the Federal Emergency Management Agency; (ii) the United States Geological Survey; (iii) the National Oceanic and Atmospheric Administration; (iv) the National Science Foundation; (v) the Office of Science and Technology Policy; and (vi) the Office of Management and Budget; and (B) the head of any other Federal agency the Committee considers appropriate. (2) Meetings The Committee shall not meet less than 2 times a year at the call of the Director of the National Institute of Standards and Technology. (3) General purpose and duties The Committee shall oversee the planning and coordination of the National Earthquake Hazards Reduction Program and the National Windstorm Impact Reduction Program, and shall make proposals for planning and coordination of any other Federal research for natural hazard mitigation that the Committee considers appropriate. (4) Strategic plans The Committee shall develop and submit to Congress, not later than one year after the date of enactment of this Act— (A) a Strategic Plan for the National Earthquake Hazards Reduction Program that includes— (i) prioritized goals for such Program that will mitigate against the loss of life and property from future earthquakes; (ii) short-term, mid-term, and long-term research objectives to achieve those goals; (iii) a description of the role of each Program agency in achieving the prioritized goals; (iv) the methods by which progress towards the goals will be assessed; (v) an explanation of how the Program will foster the transfer of research results onto outcomes, such as improved building codes; (vi) a description of the role of social science in informing the development of the prioritized goals and research objectives; and (vii) a description of how the George E. Brown, Jr. Network for Earthquake Engineering Simulation and the Advanced National Seismic Research and Monitoring System will be used in achieving the prioritized goals and research objectives; and (B) a Strategic Plan for the National Windstorm Impact Reduction Program that includes— (i) prioritized goals for such Program that will mitigate against the loss of life and property from future windstorms; (ii) short-term, mid-term, and long-term research objectives to achieve those goals; (iii) a description of the role of each Program agency in achieving the prioritized goals; (iv) the methods by which progress towards the goals will be assessed; (v) an explanation of how the Program will foster the transfer of research results onto outcomes, such as improved building codes; and (vi) a description of the role of social science in informing the development of the prioritized goals and research objectives. (5) Progress reports Not later than one year after the date of enactment of this Act, and at least once every two years thereafter, the Committee shall submit to the Congress— (A) a report on the progress of the National Earthquake Hazards Reduction Program that includes— (i) a description of the activities funded for the previous two years of the Program, a description of how these activities align with the prioritized goals and research objectives established in the Strategic Plan, and the budgets, per agency, for these activities; (ii) the outcomes achieved by the Program for each of the goals identified in the Strategic Plan; (iii) a description of any recommendations made to change existing building codes that were the result of Program activities; and (iv) a description of the extent to which the Program has incorporated recommendations from the Advisory Committee on Earthquake Hazards Reduction; and (B) a report on the progress of the National Windstorm Impact Reduction Program that includes— (i) a description of the activities funded for the previous two years of the Program, a description of how these activities align with the prioritized goals and research objectives established in the Strategic Plan, and the budgets, per agency, for these activities; (ii) the outcomes achieved by the Program for each of the goals identified in the Strategic Plan; (iii) a description of any recommendations made to change existing building codes that were the result of Program activities; and (iv) a description of the extent to which the Program has incorporated recommendations from the Advisory Committee on Windstorm Impact Reduction. (6) Coordinated budget The Committee shall develop a coordinated budget for the National Earthquake Hazards Reduction Program and a coordinated budget for the National Windstorm Impact Reduction Program. These budgets shall be submitted to the Congress at the time of the President’s budget submission for each fiscal year. (b) Advisory Committees on Natural Hazards Reduction (1) In general The Director of the National Institute of Standards and Technology shall establish an Advisory Committee on Earthquake Hazards Reduction, an Advisory Committee on Windstorm Impact Reduction, and other such advisory committees as the Director considers necessary to advise the Institute on research, development, and technology transfer activities to mitigate the impact of natural disasters. (2) Advisory committee on earthquake hazards reduction The Advisory Committee on Earthquake Hazards Reduction shall be composed of at least 11 members, none of whom may be employees of the Federal Government, including representatives of research and academic institutions, industry standards development organizations, emergency management agencies, State and local government, and business communities who are qualified to provide advice on earthquake hazards reduction and represent all related scientific, architectural, and engineering disciplines. The recommendations of the Advisory Committee shall be considered by Federal agencies in implementing the National Earthquake Hazards Reduction Program. (3) Advisory committee on windstorm impact reduction The Advisory Committee on Windstorm Impact Reduction shall be composed of at least 7 members, none of whom may be employees of the Federal Government, including representatives of research and academic institutions, industry standards development organizations, emergency management agencies, State and local government, and business communities who are qualified to provide advice on windstorm impact reduction and represent all related scientific, architectural, and engineering disciplines. The recommendations of the Advisory Committee shall be considered by Federal agencies in implementing the National Windstorm Impact Reduction Program. (4) Assessments The Advisory Committee on Earthquake Hazards Reduction and the Advisory Committee on Windstorm Impact Reduction shall offer assessments on— (A) trends and developments in the natural, social, and engineering sciences and practices of earthquake hazards or windstorm impact mitigation; (B) the priorities of the Programs’ Strategic Plans; (C) the coordination of the Programs; and (D) and any revisions to the Programs which may be necessary. (5) Reports At least every two years, the Advisory Committees shall report to the Director of the National Institute of Standards and Technology on the assessments carried out under paragraph (4) and their recommendations for ways to improve the Programs. In developing recommendations for the National Earthquake Hazards Reduction Program, the Advisory Committee on Earthquake Hazards Reduction shall consider the recommendations of the United States Geological Survey Scientific Earthquake Studies Advisory Committee. (c) Coordination of Federal disaster research, development, and technology transfer Not later than 2 years after the date of enactment of this Act, the Subcommittee on Disaster Reduction of the Committee on Environment and Natural Resources of the National Science and Technology Council shall submit a report to the Congress identifying— (1) current Federal research, development, and technology transfer activities that address hazard mitigation for natural disasters, including earthquakes, hurricanes, tornados, wildfires, floods, and the current budgets for these activities; (2) areas of research that are common to two or more of the hazards identified in paragraph (1); and (3) opportunities to create synergies between the research activities for the hazards identified in paragraph (1). IV National Construction Safety Team Act Amendments 401. National Construction Safety Team Act amendments The National Construction Safety Team Act ( 15 U.S.C. 7301 et seq. ) is amended— (1) in section 2(a)— (A) by striking a building or buildings and inserting a building, buildings, or infrastructure ; and (B) by striking To the maximum extent practicable, the Director shall establish and deploy a Team within 48 hours after such an event. and inserting The Director shall make a decision whether to deploy a Team within 72 hours after such an event. ; (2) in section 2(b)(1), by striking buildings and inserting buildings or infrastructure ; (3) in section 2(b)(2)(A), by striking building and inserting building or infrastructure ; (4) in section 2(b)(2)(D), by striking buildings and inserting buildings or infrastructure ; (5) in section 2(c)(1), by striking the United States Fire Administration and ; (6) in section 2(c)(1)(G), by striking building and inserting building or infrastructure ; (7) in section 2(c)(1)(J)— (A) by striking building and inserting building or infrastructure ; and (B) by inserting and the National Windstorm Impact Reduction Act of 2004 after Act of 1977 ; (8) in section 4(a), by striking investigating a building and inserting investigating building and infrastructure ; (9) in section 4(a)(1)— (A) by striking a building and inserting a building or infrastructure ; and (B) by striking building both of the other places it appears and inserting building or infrastructure ; (10) in section 4(a)(3), by striking building both places it appears and inserting building or infrastructure ; (11) in section 4(b), by striking building both places it appears and inserting building or infrastructure ; (12) in section 4(c)(1) and (2), by striking building both places it appears and inserting building or infrastructure ; (13) by amending section 4(d)(1) to read as follows: (1) In General Except as otherwise provided in this subsection, a Team investigation shall have priority over any other investigation which is related to the purpose and duties set forth in section 2(b) and undertaken by any other Federal agency. ; (14) in section 4(d)(3) and (4), by striking building both places it appears and inserting building or infrastructure ; (15) in section 4, by adding at the end the following new paragraph: (5) Infrastructure investigations With respect to an investigation relating to an infrastructure failure, a Federal agency with primary jurisdiction over the failed infrastructure which is conducting an investigation and asserts priority over the Team investigation shall have such priority. Such priority shall not otherwise affect the authority of the Team to continue its investigation under this Act. ; (16) in section 7(a), by striking on request and at reasonable cost ; (17) in section 7(c), by striking building and inserting building or infrastructure ; (18) in section 8(1) and (4), by striking building both places it appears and inserting building or infrastructure ; (19) in section 9, by striking the United States Fire Administration and ; (20) in section 9(2)(C), by striking building and inserting building or infrastructure ; (21) in section 10(3), by striking building and inserting building and infrastructure ; (22) in section 11(a), by striking the United States Fire Administration and ; and (23) by striking section 12. V Fire Research Program 501. Fire Research Program Section 16(a)(1) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278f(a)(1) ) is amended— (1) in subparagraph (D), by inserting fires at the wildland-urban interface, after but not limited to, ; and (2) in subparagraph (E), by inserting fires at the wildland-urban interface, after types of fires, including . | https://www.govinfo.gov/content/pkg/BILLS-113hr2132ih/xml/BILLS-113hr2132ih.xml |
113-hr-2133 | I 113th CONGRESS 1st Session H. R. 2133 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Poe of Texas (for himself and Mr. Thompson of California ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to make permanent the work opportunity tax credit for veterans and to allow an exemption from an employer’s employment taxes in an amount equivalent to the value of such credit in the case of veterans.
1. Short title This Act may be cited as the Veterans Back to Work Act of 2013 . 2. Extension and improvement of work opportunity tax credit for veterans (a) Credit made permanent for veterans Section 51(c)(4) of the Internal Revenue Code of 1986 is amended by inserting (other than a qualified veteran) after an individual . (b) Election to claim credit as exemption from employment taxes (1) In general Section 3111 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (f) Special exemption for certain veterans (1) In general Subsection (a) shall not apply to first-year wages paid after the date of the enactment of this subsection by a qualified employer with respect to employment of any specified veteran for services performed— (A) in a trade or business of such qualified employer, or (B) in the case of a qualified employer exempt from tax under section 501(a), in furtherance of the activities related to the purpose or function constituting the basis of the employer’s exemption under section 501. (2) Limitation With respect to any specified veteran employed by a qualified employer, the amount of wages to which paragraph (1) applies shall not exceed— (A) $125,490 in the case of an individual who is a qualified veteran by reason of section 51(d)(3)(A)(ii)(II), (B) $73,203 in the case of an individual who is a qualified veteran by reason of section 51(d)(3)(A)(iv), (C) $62,745 in the case of an individual who is a qualified veteran by reason of section 51(d)(3)(A)(ii)(I), and (D) $31,373 in the case of any other qualified veteran. (3) Qualified employer For purposes of this subsection— (A) In general The term qualified employer means any employer other than the United States, any State, or any political subdivision thereof, or any instrumentality of the foregoing. (B) Treatment of employees of post-secondary educational institutions Notwithstanding subparagraph (A), the term qualified employer includes any employer which is a public institution of higher education (as defined in section 101(b) of the Higher Education Act of 1965). (4) Specified veteran For purposes of this subsection— (A) In general The term specified veteran means any individual who— (i) begins employment with a qualified employer after the date of the enactment of this subsection, (ii) certifies by signed affidavit, under penalties of perjury, that such individual is a qualified veteran and whether such individual is a qualified veteran described in subparagraph (A), (B), or (C) of paragraph (2), (iii) is not employed by the qualified employer to replace another employee of such employer unless such other employee separated from employment voluntarily or for cause, and (iv) is not an individual described in section 51(i)(1) (applied by substituting qualified employer for taxpayer each place it appears). (B) Qualified veteran The term qualified veteran has the meaning given such term by section 51(d)(3), but applied without regard to whether such individual has been certified by the designated local agency. (5) First-year wages For purposes of this subsection, the term first-year wages means, with respect to any individual, wages for services rendered during 1-year period beginning with the day the individual begins work for the employer. (6) Coordination with credit for employment of qualified veterans by qualified tax-exempt organizations This subsection shall not apply with respect to the first-year wages of any individual if such wages are taken into account in determining the credit allowed under subsection (e). (7) Election A qualified employer may elect to have this subsection not apply with respect to the first-year wages of any individual. Such election shall be made in such manner as the Secretary may require. . (2) Coordination with work opportunity credit Section 51(c) of such Code is amended by adding at the end the following new paragraph: (6) Coordination with payroll tax exemption for qualified veterans The credit determined under this section with respect to any qualified veteran for any taxable year shall be reduced by an amount equal to 7.65 percent of the qualified first-year wages paid or incurred by the taxpayer to such veteran during such taxable year to which section 3111(e) or 3221(d) applied. . (3) Coordination with credit for employment of qualified veterans by qualified tax-exempt organizations Section 3111(e) of such Code is amended by adding at the end the following new paragraph: (6) Election (A) In general A qualified tax-exempt organization may elect to determine the credit allowed under this section without regard to the qualified first-year wages of any individual. (B) Coordination with exemption for first-year wages of specified veterans For exemption for first-year wages of specified veterans to which this subsection does not apply, see subsection (f). . (4) Transfers to Federal Old-Age and Survivors Insurance Trust Fund There are hereby appropriated to the Federal Old-Age and Survivors Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act ( 42 U.S.C. 401 ) amounts equal to the reduction in revenues to the Treasury by reason of the amendments made by paragraph (1). Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund had such amendments not been enacted. (5) Application to Railroad Retirement Taxes (A) In general Section 3221 of the Internal Revenue Code of 1986 is amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following new subsection: (d) Special exemption for certain veterans (1) In general In the case of first-year compensation paid by a qualified employer after the date of the enactment of this subsection with respect to having a specified veteran in the employer’s employ for services rendered to such qualified employer, the applicable percentage under subsection (a) shall be equal to the rate of tax in effect under section 3111(b) for the calendar year. (2) Limitation With respect to any specified veteran employed by a qualified employer, the amount of compensation to which paragraph (1) applies shall not exceed— (A) $125,490 in the case of an individual who is a qualified veteran by reason of section 51(d)(3)(A)(ii)(II), (B) $73,203 in the case of an individual who is a qualified veteran by reason of section 51(d)(3)(A)(iv), (C) $62,745 in the case of an individual who is a qualified veteran by reason of section 51(d)(3)(A)(ii)(I), and (D) $31,373 in the case of any other qualified veteran. (3) Qualified employer The term ‘qualified employer’ means any employer other than the United States, any State, or any political subdivision thereof, or any instrumentality of the foregoing. (4) Specified veteran For purposes of this subsection— (A) In general The term specified veteran means any individual who— (i) begins employment with a qualified employer after the date of the enactment of this subsection, (ii) certifies by signed affidavit, under penalties of perjury, that such individual is a qualified veteran and whether such individual is a qualified veteran described in subparagraph (A), (B), or (C) of paragraph (2), (iii) is not employed by the qualified employer to replace another employee of such employer unless such other employee separated from employment voluntarily or for cause, and (iv) is not an individual described in section 51(i)(1) (applied by substituting qualified employer for taxpayer each place it appears). (B) Qualified veteran The term qualified veteran has the meaning given such term by section 51(d)(3), but applied without regard to whether such individual has been certified by the designated local agency. (5) First-year compensation For purposes of this subsection, the term first-year compensation means, with respect to any individual, compensation for services rendered during 1-year period beginning with the day the individual begins work for the employer. (6) Election A qualified employer may elect to have this subsection not apply. Such election shall be made in such manner as the Secretary may require. . (B) Transfers to social security equivalent benefit account There are hereby appropriated to the Social Security Equivalent Benefit Account established under section 15A(a) of the Railroad Retirement Act of 1974 ( 45 U.S.C. 231n–1(a) ) amounts equal to the reduction in revenues to the Treasury by reason of the amendments made by subparagraph (A). Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Account had such amendments not been enacted. (c) Effective Dates (1) In general The amendments made by subsection (a) shall apply to individuals who begin work for the employer after December 31, 2013. (2) Exemption from employment taxes The amendments made by subsection (b) shall apply to amounts paid after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr2133ih/xml/BILLS-113hr2133ih.xml |
113-hr-2134 | I 113th CONGRESS 1st Session H. R. 2134 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mrs. Brooks of Indiana (for herself and Mr. Kind ) 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 provide an election for funding parity for charity-sponsored pension plans.
1. Short title This Act may be cited as the Charitable Pension Flexibility Act of 2013 . 2. Election to cease to be treated as an eligible charity plan (a) In general Subsection (d) of section 104 of the Pension Protection Act of 2006, as added by section 202 of the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010, is amended by— (1) striking For purposes of and inserting (1) In general .—For purposes of , and (2) adding at the end the following: (2) Election not to be an eligible charity plan A plan sponsor may elect for a plan to cease to be treated as an eligible charity plan for plan years beginning after December 31, 2013. Such election shall be made at such time and in such form and manner as shall be prescribed by the Secretary of the Treasury. Any such election may be revoked only with the consent of the Secretary of the Treasury. (3) Election to use funding options available to other plan sponsors (A) In general A plan sponsor that makes the election described in paragraph (2) may also elect for a plan to apply the rules described in subparagraphs (B), (C), and (D) for plan years beginning after December 31, 2013. Such election shall be made at such time and in such form and manner as shall be prescribed by the Secretary of the Treasury. Any such election may be revoked only with the consent of the Secretary of the Treasury. (B) Applicable shortfall amortization bases Under the rules described in this subparagraph, for the first plan year beginning after December 31, 2013, a plan has— (i) an 11-year shortfall amortization base, (ii) a 12-year shortfall amortization base, and (iii) a 7-year shortfall amortization base. (C) Determination of installments Under the rules described in this subparagraph, section 430(c)(2)(A) and (B) of the Internal Revenue Code of 1986 and section 303(c)(2)(A) and (B) of the Employee Retirement Income Security Act of 1974 shall be applied— (i) in the case of an 11-year shortfall amortization base, by substituting 11-plan-year period for 7-plan-year period wherever it appears, and (ii) in the case a 12-year shortfall amortization base, by substituting 12-plan-year period for 7-plan-year period wherever it appears. (D) Alternate required installments Under the rules described in this subparagraph, section 430(c)(7) of the Internal Revenue Code of 1986 and section 303(c)(7) of the Employee Retirement Income Security Act of 1974 shall apply to a plan for which an election has been made under subparagraph (A). Such provisions shall apply in the following manner: (i) The first plan year beginning after December 31, 2013, shall be treated as an election year, and no other plan years shall be so treated. (ii) All references in section 430(c)(7) of such Code and in section 303(c)(7) of such Act to February 28, 2010 or March 1, 2010 shall be treated as references to February 28, 2013 or March 1, 2013 , respectively. (E) 11-year shortfall amortization base For purposes of this paragraph, the 11-year shortfall amortization base is an amount, determined for the first plan year beginning after December 31, 2013, equal to the unamortized principal amount of the shortfall amortization base (as defined in section 430(c)(3) of the Internal Revenue Code of 1986 and section 303(c)(3) of the Employee Retirement Income Security Act of 1974) that would have applied to the plan for the first plan year beginning after December 31, 2009, if— (i) the plan had never been an eligible charity plan. (ii) the plan sponsor had made the election described in section 430(c)(2)(D)(i) of the Internal Revenue Code of 1986 and in section 303(c)(2)(D)(i) of the Employee Retirement Income Security Act of 1974 to have section 430(c)(2)(D)(iii) of such Code and section 303(c)(2)(D)(iii) of such Act apply with respect to the shortfall amortization base for the first plan year beginning after December 31, 2009, and (iii) no event had occurred under paragraph (6) or (7) of section 430(c) of such Code or paragraph (6) or (7) of section 303(c) of such Act that, as of the first day of the first plan year beginning after December 31, 2013, would have modified the shortfall amortization base or the shortfall amortization installments with respect to the first plan year beginning after December 31, 2009. (F) 12-year shortfall amortization base For purposes of this paragraph, the 12-year shortfall amortization base is an amount, determined for the first plan year beginning after December 31, 2013, equal to the unamortized principal amount of the shortfall amortization base (as defined in section 430(c)(3) of the Internal Revenue Code of 1986 and section 303(c)(3) of the Employee Retirement Income Security Act of 1974) that would have applied to the plan for the first plan beginning after December 31, 2010, if— (i) the plan had never been an eligible charity plan, (ii) the plan sponsor had made the election described in section 430(c)(2)(D)(i) of the Internal Revenue Code of 1986 and in section 303(c)(2)(D)(i) of the Employee Retirement Income Security Act of 1974 to have section 430(c)(2)(D)(iii) of such Code and section 303(c)(2)(D)(iii) of such Act apply with respect to the shortfall amortization base for the first plan year beginning after December 31, 2010, and (iii) no event had occurred under paragraph (6) or (7) of section 430(c) of such Code or paragraph (6) or (7) of section 303(c) of such Act that, as of the first day of the first plan year beginning after December 31, 2013, would have modified the shortfall amortization base or the shortfall amortization installments with respect to the first plan year beginning after December 31, 2010. (G) 7-year shortfall amortization base For purposes of this paragraph, the 7-year shortfall amortization base is an amount, determined for the first plan year beginning after December 31, 2013, equal to— (i) the shortfall amortization base for the first plan year beginning after December 31, 2013, without regard to this paragraph, minus (ii) the sum of the 11-year shortfall amortization base and the 12-year shortfall amortization base. . (b) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr2134ih/xml/BILLS-113hr2134ih.xml |
113-hr-2135 | I 113th CONGRESS 1st Session H. R. 2135 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Olson (for himself, Mr. Gallego , Mr. Roe of Tennessee , Mrs. Blackburn , Mr. Burgess , Mr. Harris , and Mr. Connolly ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to clarify liability protections regarding emergency use of automated external defibrillators.
1. Short title This Act may be cited as the Cardiac Arrest Survival Act of 2013 . 2. Findings Congress finds the following: (1) Establishing a nationally uniform baseline of protection from civil liability for persons who use automated external defibrillators (in this section referred to as AEDs ) in perceived medical emergencies, who own or hold other property interests in AEDs used in perceived medical emergencies, or who own, occupy, or manage premises in which an AED is used or from which an AED is taken for use in a perceived medical emergency will encourage the deployment of additional AEDs, which will ultimately save lives that would otherwise have been lost to cardiac arrest. (2) The current patchwork of State Good Samaritan laws provides incomplete, inconsistent, and, in some instances, inadequate protection for entities considering the acquisition or deployment of AEDs. In these circumstances, concerns about potential liability resulting from the good-faith acquisition and deployment of this life-saving technology are inhibiting its deployment. (3) Such concerns are especially acute for entities with operations or facilities in multiple States, yet such entities are also among those in which the widespread deployment of AEDs would be most beneficial. (4) A nationally uniform baseline of protection from civil liability is needed for persons who use AEDs in perceived medical emergencies, who own or hold other property interests in AEDs used in perceived medical emergencies, or who own, occupy, or manage premises in which an AED is used or from which an AED is taken for use in a perceived medical emergency. 3. Liability regarding emergency use of automated external defibrillators Section 248 of the Public Health Service Act ( 42 U.S.C. 238q ) is amended to read as follows: 248. Liability regarding emergency use of automated external defibrillators (a) Good samaritan protections Except as provided in subsection (e), in the case of a person who— (1) uses or attempts to use an automated external defibrillator device on a victim of a perceived medical emergency, and (2) is not the owner-acquirer (as defined in subsection (c)(2)) of the device, such person is immune from civil liability for any harm resulting from the use or attempted use of such device by such person. (b) Premises owner/Lessee/Manager protections Except as provided in subsection (e), in the case of a person who— (1) owns, occupies under a lease or similar arrangement, or manages— (A) the premises at which an automated external defibrillator device is used or attempted to be used on a victim of a perceived medical emergency, or (B) the premises from which an automated external defibrillator device used or attempted to be used on a victim of a perceived medical emergency is taken for such use, and (2) is not the owner-acquirer of such device, such person is immune from civil liability for any harm resulting from such use or attempted use of such device. (c) Device owner-Acquirer protections (1) In general Except as provided in subsection (e), an owner-acquirer of an AED is immune from civil liability for any harm resulting from the use or attempted use of such device, unless the harm was proximately caused by the failure of the owner-acquirer to properly maintain the device according to the guidelines of the device manufacturer. (2) Owner-acquirer defined For purposes of this section, the term owner-acquirer means any person who owns or has otherwise acquired a possessory property interest in an AED that is used or attempted to be used on a victim of a perceived medical emergency. (d) Applicability of immunity in certain circumstances The immunity provided by subsections (a), (b), and (c) of this section shall apply regardless of whether— (1) the AED that is used or attempted to be used is marked with or accompanied by cautionary signage; (2) the AED that is used or attempted to be used is registered with any government; (3) the person who used or attempted to use the AED saw, read, understood, complied with, or attempted to comply with any cautionary signage present; (4) the person who used or attempted to use the AED had received any training relating to the use of (a) AEDs in general or (b) the particular AED used or attempted to be used; or (5) the person who used or attempted to use the AED was assisted or supervised by any other person, including but not limited to a licensed physician. (e) Inapplicability of immunity in certain circumstances Notwithstanding anything to the contrary in subsection (d) of this section, immunity under subsection (a), (b), or (c)(1) does not apply to a person if— (1) such person’s willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the victim proximately caused the harm involved; (2) such person is a licensed or certified health professional who used the automated external defibrillator device while acting within the scope of the license or certification of the professional and within the scope of the employment or agency of the professional; (3) such person is a hospital, clinic, or other entity whose purpose is providing health care directly to patients, and the harm was caused by an employee or agent of the entity who used the device while acting within the scope of the employment or agency of the employee or agent; or (4) such person is an owner-acquirer of the device who leased the device to a health care entity (or who otherwise provided the device to such entity for compensation without selling the device to the entity), and the harm was caused by an employee or agent of the entity who used the device while acting within the scope of the employment or agency of the employee or agent. (f) Rules of construction (1) In general The following apply with respect to this section: (A) This section does not establish any cause of action, or require that an automated external defibrillator device be placed at any building or other location. (B) With respect to the class of persons for which this section provides immunity from civil liability, this section preempts the law of any State to the extent that the otherwise-applicable State law would allow for civil liability in any circumstance where this section would provide immunity from civil liability. (C) This section does not waive any protection from liability for Federal officers or employees under— (i) section 233 of this title; or (ii) sections 1346(b), 2672, and 2679 of title 28, United States Code, or under alternative benefits provided by the United States where the availability of such benefits precludes a remedy under section 1346(b) of such title 28. (2) Civil actions under federal law (A) In general The applicability of subsections (a), (b), (c), (d), and (e) includes applicability to any action for civil liability described in subsection (a), (b), or (c) that arises under Federal law. (B) Federal areas adopting State law If a geographic area is under Federal jurisdiction and is located within a State but out of the jurisdiction of the State, and if, pursuant to Federal law, the law of the State applies in such area regarding matters for which there is no applicable Federal law, then an action for civil liability described in subsection (a), (b), or (c) that in such area arises under the law of the State is subject to subsections (a) through (f) in lieu of any related State law that would apply in such area in the absence of this subparagraph. (g) Federal jurisdiction (1) In any civil action arising under State law, the courts of the State involved have jurisdiction to apply the provisions of this section. (2) The actual, asserted, or potential application of any provision of this section in any civil action or as to any civil claim shall not establish the original jurisdiction of the Federal courts over such action or claim under section 1331 of title 28, United States Code. (h) Definitions (1) Perceived medical emergency For purposes of this section, the term perceived medical emergency means circumstances in which the behavior of an individual leads a reasonable person to believe that the individual is experiencing a life-threatening medical condition that requires an immediate medical response regarding the heart or other cardiopulmonary functioning of the individual. (2) Other definitions For purposes of this section: (A) The term automated external defibrillator device or AED means a defibrillator device that— (i) is commercially distributed in accordance with the Federal Food, Drug, and Cosmetic Act; (ii) is capable of recognizing the presence or absence of ventricular fibrillation, and is capable of determining without intervention by the user of the device whether defibrillation should be performed; (iii) upon determining that defibrillation should be performed, is able to deliver an electrical shock to an individual; and (iv) in the case of a defibrillator device that may be operated in either an automated or a manual mode, is set to operate in the automated mode. (B) The term cautionary signage means, with respect to an AED, any verbal or non-verbal markings or language purporting to limit use of the AED by members of the general public or to permit use of the AED only by persons with specific skills, qualifications, or training. (C) (i) The term harm includes physical, nonphysical, economic, and noneconomic losses. (ii) The term economic loss means any pecuniary loss resulting from harm (including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities) to the extent recovery for such loss is allowed under applicable State law. (iii) The term noneconomic losses means losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation and all other nonpecuniary losses of any kind or nature. . | https://www.govinfo.gov/content/pkg/BILLS-113hr2135ih/xml/BILLS-113hr2135ih.xml |
113-hr-2136 | I 113th CONGRESS 1st Session H. R. 2136 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mrs. Hartzler introduced the following bill; which was referred to the Committee on Agriculture A BILL To ensure small businesses in rural America have access to credit to promote economic growth and job creation, and for other purposes.
1. Short title This Act may be cited as the Small Business Credit Availability Act . 2. Exclusions from financial entity definition Section 2(h)(7)(C)(ii) of the Commodity Exchange Act ( 7 U.S.C. 2(h)(7)(C)(ii) ) is amended to read as follows: (ii) Exclusion Such definition shall not include an entity that is a small bank, savings association, farm credit system institution, non-profit cooperative lender controlled by electric cooperatives, or credit union if the aggregate uncollateralized outward exposure plus aggregate potential outward exposure of the entity with respect to its swaps does not exceed $1,000,000,000. . 3. Effective date The amendment made by this Act shall take effect as if it had been included in subtitle A of title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act. 4. Implementation The amendment made by this Act shall be implemented— (1) without regard to— (A) chapter 35 of title 44, United States Code; and (B) the notice and comment provisions of section 553 of title 5, United States Code; (2) through the promulgation of an interim final rule, pursuant to which public comment will be sought before a final rule is issued, and (3) such that paragraph (1) shall apply solely to changes to rules and regulations, or proposed rules and regulations, that are limited to and directly a consequence of such amendments. | https://www.govinfo.gov/content/pkg/BILLS-113hr2136ih/xml/BILLS-113hr2136ih.xml |
113-hr-2137 | I 113th CONGRESS 1st Session H. R. 2137 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Pascrell (for himself, Mr. Runyan , Mr. Grimm , Mr. Lance , Mr. King of New York , Mr. Reed , Mr. Frelinghuysen , Mr. LoBiondo , Mr. Smith of New Jersey , Mr. Rangel , Mr. Crowley , Mr. Larson of Connecticut , Mr. Meeks , Mr. Courtney , Ms. DeLauro , Mr. Bishop of New York , Mrs. McCarthy of New York , Mr. Langevin , Mr. Payne , Mr. Serrano , Mr. Pallone , Mr. Nadler , Mr. Sires , Mr. Andrews , Mr. Engel , Mr. Cicilline , Mr. Israel , Ms. Meng , and Mr. Holt ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to provide tax relief for damages relating to Hurricane Sandy, and for other purposes.
1. Short title, etc (a) Short title This Act may be cited as the Hurricane Sandy Tax Relief Act of 2013 . (b) Amendment of 1986 Code Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title, etc. Sec. 2. Waiver of adjusted gross income limitation for losses and increase in standard deduction by disaster casualty losses attributable to Hurricane Sandy. Sec. 3. Expensing of qualified disaster expenses. Sec. 4. Net operating losses attributable to federally declared disasters. Sec. 5. Waiver of certain mortgage revenue bond requirements following federally declared disasters. Sec. 6. Increased expensing for Hurricane Sandy qualified disaster assistance property. Sec. 7. Increased limitation on charitable contributions for disaster relief. Sec. 8. Increase in new markets tax credit for investments in community development entities serving Hurricane Sandy disaster areas. Sec. 9. Extension of expensing for environmental remediation costs. Sec. 10. Special rule for public utility casualty losses. Sec. 11. Determination of earned income for purposes of earned income credit and child tax credit. Sec. 12. Work Opportunity Credit. Sec. 13. Hurricane Sandy Bonds. Sec. 14. Additional low-income housing credit may be allocated in States damaged by Hurricane Sandy. Sec. 15. Special rules for use of retirement funds. 2. Waiver of adjusted gross income limitation for losses and increase in standard deduction by disaster casualty losses attributable to Hurricane Sandy (a) In general Subclause (I) of section 165(h)(3)(B)(i) is amended by striking January 1, 2010 and inserting January 1, 2010, or the Hurricane Sandy federally declared disaster . (b) Hurricane Sandy federally declared disaster Paragraph (3) of section 165(h) is amended by adding at the end the following new subparagraph: (D) Application to Hurricane Sandy (i) In general Personal casualty losses shall be treated as described in subparagraph (B)(i) if such losses— (I) are attributable to the Hurricane Sandy federally declared disaster, and (II) occur in the Hurricane Sandy disaster area. (ii) Hurricane Sandy federally declared disaster For purposes of clause (i), the term Hurricane Sandy federally declared disaster means the disaster occurring by reason of Hurricane Sandy and determined by the President before November 4, 2012, to warrant individual or individual and public assistance from the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. (iii) Hurricane Sandy disaster area The term Hurricane Sandy disaster area means the area so determined to warrant such assistance. . (c) Effective date The amendments made by this subsection shall apply to taxable years ending after October 28, 2012. 3. Expensing of qualified disaster expenses (a) In general Paragraph (2) of 198A(b) is amended— (1) in subparagraph (A) by striking January 1, 2010 and inserting January 1, 2010, or released in the Hurricane Sandy disaster area on account of the Hurricane Sandy federally declared disaster, as defined by section 165(h)(3)(D) , (2) in subparagraph (B) by striking such date and inserting such date or which is business-related property in the Hurricane Sandy disaster area that is damaged or destroyed as a result of the Hurricane Sandy federally declared disaster (as so defined) , and (3) in subparagraph (C) by striking such date and inserting such date or which is business-related property in the Hurricane Sandy disaster area that is damaged as a result of the Hurricane Sandy federally declared disaster (as so defined) . (b) Effective date The amendments made by this section shall apply to amounts paid or incurred after October 28, 2012. 4. Net operating losses attributable to federally declared disasters (a) In general Subsection (j) of section 172 is amended by adding at the end the following new paragraph: (5) Application to Hurricane Sandy (A) In general Losses shall be treated as described in paragraph (1)(A)(i) if such losses are attributable to the Hurricane Sandy federally declared disaster (as defined in section 165(h)(3)(D)) and occur in the Hurricane Sandy disaster area (as so defined). (B) Special rule For purposes of subparagraph (A), paragraph (4) shall not apply. . (b) Effective date The amendment made by this section shall apply to taxable years ending after October 28, 2012. 5. Waiver of certain mortgage revenue bond requirements following federally declared disasters (a) In general Subparagraphs (A)(i) and (B)(i) of section 143(k)(12), as added by the Tax Extenders and Alternative Minimum Tax Relief Act of 2008, are each amended by striking January 1, 2010 and inserting January 1, 2010, or in the case of a residence located in the Hurricane Sandy disaster area on October 29, 2012, by reason of the Hurricane Sandy federally declared disaster, as defined by section 165(h)(3)(D) . (b) Conforming amendments Subparagraph (A)(ii) of such section is amended by striking such date and inserting such date or by reason of the Hurricane Sandy federally declared disaster (as so defined) . (c) Effective date The amendments made by this section shall apply to disasters occurring after October 28, 2012. 6. Increased expensing for Hurricane Sandy qualified disaster assistance property (a) In general Subsection (e) of section 179 is amended to read as follows: (e) Special rules for Hurricane Sandy (1) In general If a taxpayer elects the application of this subsection for a taxable year and places in service during the taxable year any Hurricane Sandy qualified disaster assistance property— (A) the dollar amount in effect under subsection (b)(1) for the taxable year shall be increased by the qualified disaster limitation amount, and (B) the dollar amount in effect under subsection (b)(2) for the taxable year shall be increased by the qualified disaster limitation reduction amount. (2) Qualified disaster limitation amount For purposes of paragraph (1), the term qualified disaster limitation amount means the lesser of— (A) $500,000, or (B) the cost of Hurricane Sandy qualified disaster assistance property placed in service during the taxable year. (3) Qualified disaster limitation reduction amount For purposes of paragraph (1), the term qualified disaster limitation amount means the lesser of— (A) $2,000,000, or (B) the cost of Hurricane Sandy qualified disaster assistance property placed in service during the taxable year. (4) Hurricane Sandy qualified disaster assistance property For purposes of this subsection— (A) In general The term Hurricane Sandy qualified disaster assistance property means section 179 property (as defined in subsection (d)) and qualified property— (i) the original use of which in the Hurricane Sandy disaster area commences with the taxpayer on or after October 29, 2012, (ii) substantially all of the use of which is in the Hurricane Sandy disaster area, and (iii) which— (I) rehabilitates property damaged, or replaces property destroyed or condemned, as a result of the Hurricane Sandy federally declared disaster, except that, for purposes of this clause, property shall be treated as replacing property destroyed or condemned if, as part of an integrated plan, such property replaces property which is included in a continuous area which includes real property destroyed or condemned, and (II) is located in the same county as the property being rehabilitated or replaced, (iv) which is placed in service or acquired by the taxpayer by purchase (as defined in subsection (d)) on or after October 29, 2012, but only if no written binding contract for the acquisition was in effect before such date, and (v) which is placed in service by the taxpayer on or after October 29, 2012, and before December 31, 2015 (December 31, 2016, in the case of nonresidential real property and residential rental property). (B) Qualified property The term qualified property means property which is— (i) tangible property to which section 168 applies and which has a recovery period of 39 years or less, or (ii) computer software (as defined in section 167(f)(1)(B)) for which a deduction is allowable under section 167(a). (C) Exceptions (i) Alternative depreciation property Such term shall not include any property to which the alternative depreciation system under section 168(g) applies, determined without regard to paragraph (7) thereof (relating to election to have system apply). (ii) Tax-exempt bond financed property Such term shall not include any property any portion of which is financed with the proceeds of any obligation the interest on which is exempt from tax under section 103. (D) Election An election under this subsection for any taxable year shall— (i) specify the items of Hurricane Sandy qualified disaster assistance property to which the election applies and the portion of the cost of each of such items which is to be taken into account under paragraph (1), and (ii) be made on the taxpayer’s return of the tax imposed by this chapter for the taxable year. (E) Special rules For purposes of this subsection, rules similar to the rules of subparagraph (E) of section 168(k)(2) shall apply, except that such subparagraph shall be applied— (i) by substituting the date of the Hurricane Sandy federally declared disaster for December 31, 2007 each place it appears therein, (ii) by substituting January 1, 2016 for January 1, 2014 in clause (i) thereof, and (iii) by substituting Hurricane Sandy qualified section 179 disaster assistance property for qualified property in clause (iv) thereof. (5) Terms relating to Hurricane Sandy For purposes of this subsection, the terms Hurricane Sandy federally declared disaster and Hurricane Sandy disaster area have the meanings given such terms by section 165(h)(3)(D). (6) Recapture For purposes of this subsection, rules similar to the rules under subsection (d)(10) shall apply with respect to any qualified section 179 disaster assistance property which ceases to be qualified section 179 disaster assistance property. . (b) Effective date The amendments made by this section shall apply to taxable years ending after October 28, 2012. 7. Increased limitation on charitable contributions for disaster relief (a) Individuals Paragraph (1) of section 170(b) is amended by redesignating subparagraphs (F) and (G) as subparagraphs (G) and (H), respectively, and by inserting after subparagraph (E) the following new subparagraph: (F) Qualified Hurricane Sandy disaster contributions (i) In general Any qualified Hurricane Sandy disaster contribution shall be allowed to the extent that the aggregate of such contributions does not exceed the excess of 80 percent of the taxpayer’s contribution base over the amount of all other charitable contributions allowable under this paragraph. (ii) Qualified Hurricane Sandy disaster contribution For purposes of this subparagraph, the term qualified Hurricane Sandy disaster contribution means any charitable contribution if— (I) such contribution— (aa) is paid during the period beginning on October 29, 2012, and ending on December 31, 2013, in cash to an organization described in subparagraph (A), and (bb) is made for relief efforts in the Hurricane Sandy disaster area related to the Hurricane Sandy federally declared disaster, (II) the taxpayer obtains from such organization contemporaneous written acknowledgment (within the meaning of subsection (f)(8)) that such contribution was used (or is to be used) for relief efforts in the Hurricane Sandy disaster area related to the Hurricane Sandy federally declared disaster, and (III) the taxpayer has elected the application of this subparagraph with respect to such contribution. (iii) Exception A qualified Hurricane Sandy disaster contribution shall not include a contribution by a donor if the contribution is— (I) to an organization described in section 509(a)(3), or (II) for establishment of a new, or maintenance of an existing, donor advised fund (as defined in section 4966(d)(2)). (iv) Carryover (I) In general If the aggregate amount of contributions described in clause (i) exceeds the limitation under clause (i), such excess shall be treated (in a manner consistent with the rules of subsection (d)(1)) as a charitable contribution to which clause (i) applies in each of the 5 succeeding years in order of time. (II) Coordination with other subparagraphs For purposes of applying this subparagraph and subsection (d)(1), contributions described in clause (i) shall not be treated as described in subparagraph (A) and such subparagraph shall be applied without regard to such contributions. (v) Application of election to partnerships and S corporations In the case of a partnership or S corporation, the election under subparagraph (F)(ii)(III) shall be made separately by each partner or shareholder. (vi) Hurricane Sandy federally declared disaster and disaster area For purposes of this subparagraph, the terms Hurricane Sandy federally declared disaster and Hurricane Sandy disaster area have the meanings given such terms by section 165(h)(3)(D). . (b) Corporations (1) In general Paragraph (2) of section 170(b) is amended by redesignating subparagraph (C) as subparagraph (D) and by inserting after subparagraph (B) the following new subparagraph: (C) Qualified disaster contributions (i) In general Any qualified Hurricane Sandy disaster contribution shall be allowed to the extent that the aggregate of such contributions does not exceed the excess of 20 percent of the taxpayer’s taxable income over the amount of charitable contributions allowed under subparagraph (A). (ii) Carryover If the aggregate amount of contributions described in clause (i) exceeds the limitation under clause (i), such excess shall be treated (in a manner consistent with the rules of subsection (d)(1)) as a charitable contribution to which clause (i) applies in each of the 5 succeeding years in order of time. (iii) Qualified disaster contribution The term qualified Hurricane Sandy disaster contribution has the meaning given such term under paragraph (1)(F). . (2) Conforming amendments (A) Subparagraph (A) of section 170(b)(2) is amended by striking subparagraph (B) applies and inserting subparagraphs (B) and (C) apply . (B) Subparagraph (B) of section 170(b)(2) is amended by striking subparagraph (A) and inserting subparagraphs (A) and (C) . (c) Effective date The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. 8. Increase in new markets tax credit for investments in community development entities serving Hurricane Sandy disaster areas (a) In general Paragraph (1) of section 45D(f) is amended by striking the period at the end of subparagraph (G) and inserting , and and by adding at the end the following: (H) in the case of the Hurricane Sandy Federal disaster area, $250,000,000. . (b) Rules relating to Hurricane Sandy Subsection (f) of section 45D is amended by adding at the end the following new paragraph: (4) Increased special allocation for community development entities serving Hurricane Sandy Federal disaster areas (A) In general The limitation under paragraph (1)(H) shall be allocated among qualified community development entities to make qualified low-income community investments within the Hurricane Sandy disaster area (as defined in section 165(h)(3)(D)). (B) Allocation of increase The limitation under subparagraph (A) shall be allocated by the Secretary under paragraph (2) to qualified community development entities and shall give priority to such entities with a record of having successfully provided capital or technical assistance to businesses or communities within the Hurricane Sandy disaster area. (C) Separate carryover of unused limitation Paragraph (3) shall be applied separately with respect to the limitation under paragraph (1)(H). . (c) Effective date The amendments made by this section shall apply to calendar years beginning after 2011. 9. Extension of expensing for environmental remediation costs (a) In general Section 198 is amended by adding at the end the following: (i) Extension relating to Hurricane Sandy Subsection (h) shall not apply in the case of any qualified environmental remediation expenditure paid or incurred after the date of the Hurricane Sandy federally declared disaster (as defined in section 165(h)(3)(D)) and before January 1, 2015, by reason of such disaster at a qualified contaminated site located in the Hurricane Sandy disaster area (as so defined). . (b) Effective date The amendment made by subsection (a) shall apply to expenditures paid or incurred after October 28, 2012. 10. Special rule for public utility casualty losses (a) In general Subsection (f) of section 172 is amended by adding at the end the following: (7) Hurricane Sandy public utility casualty losses (A) In general The amount described in paragraph (1)(A) for any taxable year shall be increased by the Hurricane Sandy public utility casualty loss for such taxable year. (B) Hurricane Sandy public utility casualty loss For purposes of this paragraph, the term Hurricane Sandy public utility casualty loss means any casualty loss of public utility property (as defined in section 168(i)(10)) located in the Hurricane Sandy disaster area if— (i) such loss is allowed as a deduction under section 165 for the taxable year, (ii) such loss is by reason of Hurricane Sandy, and (iii) the taxpayer elects the application of this paragraph with respect to such loss. (C) Reduction for gains from involuntary conversion The amount of any Hurricane Sandy public utility casualty loss which would (but for this subparagraph) be taken into account under subparagraph (A) for any taxable year shall be reduced by the amount of any gain recognized by the taxpayer for such year from the involuntary conversion by reason of Hurricane Sandy of public utility property (as so defined) located in the Hurricane Sandy disaster area. (D) Hurricane Sandy disaster area For purposes of this paragraph, the term Hurricane Sandy disaster area has the meaning given such term by section 165(h)(3)(D). (E) Coordination with general disaster loss rules Section 168(k) and section 165(i) shall not apply to any Hurricane Sandy public utility casualty loss to the extent such loss is taken into account under subparagraph (A). (F) Election Any election under subparagraph (B)(iii) shall be made in such manner as may be prescribed by the Secretary and shall be made by the due date (including extensions of time) for filing the taxpayer’s return for the taxable year of the loss. Such election, once made for any taxable year, shall be irrevocable for such taxable year. . (b) Effective date The amendment made by subsection (a) shall apply to losses arising in taxable years ending after October 28, 2012. 11. Determination of earned income for purposes of earned income credit and child tax credit (a) Earned income credit Section 32 is amended by adding at the end the following new subsection: (n) Special rule relating to Hurricane Sandy For purposes of this section and section 24(d)— (1) In general In the case of a qualified individual, if the earned income of the taxpayer for the taxable year which includes the applicable date is less than the earned income of the taxpayer for the preceding taxable year, the credit allowed under subsection (a) may, at the election of the taxpayer, be determined by substituting— (A) such earned income for the preceding taxable year, for (B) such earned income for the taxable year which includes the applicable date. (2) Qualified individual For purposes of this subsection, the term qualified individual means any individual— (A) whose principal place of abode on the applicable date was located in the Hurricane Sandy disaster area and such individual was displaced from such principal place of abode by reason of the Hurricane Sandy federally declared disaster, or (B) who performed substantially all employment services in the disaster area and was so employed on the applicable date. (3) Other definitions For purposes of this subsection— (A) Applicable date The term applicable date means any day on or after October 29, 2012, and on or before November 3, 2012. (B) Hurricane Sandy federally declared disaster and disaster area The terms Hurricane Sandy federally declared disaster and Hurricane Sandy disaster area have the meanings given such terms by section 165(h)(3)(D). (4) Special rules (A) Application to joint returns For purposes of paragraph (1), in the case of a joint return for a taxable year which includes the applicable date— (i) such paragraph shall apply if either spouse is a qualified individual, and (ii) the earned income of the taxpayer for the preceding taxable year shall be the sum of the earned income of each spouse for such preceding taxable year. (B) Uniform application of election Any election made under paragraph (1) shall apply with respect to both this section and section 24(d). (C) Errors treated as mathematical error For purposes of section 6213, an incorrect use on a return of earned income pursuant to paragraph (1) shall be treated as a mathematical or clerical error. (D) No effect on determination of gross income, etc Except as otherwise provided in this subsection, this title shall be applied without regard to any substitution under paragraph (1). . (b) Child tax credit Subsection (d) of section 24 is amended by adding at the end the following new paragraph: (5) Special rule relating to Hurricane Sandy See section 32(n) for determination of earned income with respect to the Hurricane Sandy federally declared disaster. . (c) Effective date The amendments made by this section shall apply to taxable years ending after October 28, 2012. 12. Work Opportunity Credit (a) In general Paragraph (1) of section 51(d) is amended by striking or at the end of subparagraph (H), by striking the period at the end of subparagraph (I) and inserting , or , and by inserting after subparagraph (I) the following new subparagraph: (J) a Hurricane Sandy employee. . (b) Hurricane Sandy employee Subsection (d) of section 51 is amended by adding at the end the following: (15) Hurricane Sandy employee (A) In general The term Hurricane Sandy employee means any individual— (i) who, on or after October 29, 2012, and on or before November 3, 2012, had a principal place of abode in the Hurricane Sandy disaster area, (ii) who did not apply for or receive unemployment compensation under State or Federal law in 2012 before October 29, 2012, but first applied for or received such compensation after such date and before February 15, 2013, (iii) who receives such compensation without a break until the earlier of exhausting such compensation under Federal or State law or the hiring date, and (iv) whose hiring date for a position the principal place of employment of which is located in the Hurricane Sandy disaster area (as defined in section 165(h)(3)(D)) is before January 1, 2014. (B) Reasonable identification acceptable In lieu of the certification requirement under subparagraph (A) of paragraph (13), an individual may provide to the employer reasonable evidence that the individual is a Hurricane Sandy employee, and subparagraph (B) of such paragraph shall be applied as if such evidence were a certification described in such subparagraph. (C) Special rules For purposes of this paragraph— (i) subsection (c)(4) shall not apply, and (ii) subsection (i)(2) shall not apply with respect to the first hire of such employee as a Hurricane Sandy employee, unless such employee was an employee of the employer on October 28, 2012. . (c) Effective date The amendments made by this section shall apply to taxable years ending after October 28, 2012. 13. Hurricane Sandy Bonds (a) In general Subpart A of part IV of subchapter B of chapter 1 is amended by inserting after section 146 the following new section: 146A. Hurricane Sandy Bonds (a) In general For purposes of this title, any qualified Hurricane Sandy Bond shall— (1) be treated as an exempt facility bond, and (2) not be subject to section 146. (b) Qualified Hurricane Sandy Bond For purposes of this section, the term qualified Hurricane Sandy bond means any bond issued as part of an issue if— (1) 95 percent or more of the net proceeds of such issue are to be used for qualified project costs, (2) such bond is issued by a State or any political subdivision thereof any part of which is in the Hurricane Sandy disaster area, (3) the Governor of the issuing State designates such bond for purposes of this section, and (4) such bond is issued after the date of the enactment of this section and before January 1, 2016. (c) Limitation on amount of bonds (1) In general The maximum aggregate face amount of bonds which may be designated under this section shall not exceed— (A) $3,200,000,000 in the case of Connecticut, (B) $9,200,000,000 in the case of New Jersey, and (C) $9,200,000,000 in the case of New York. (2) Reduction for failure to issue bonds (A) 2013 If after the date of enactment of this section and before January 1, 2014, less than 10 percent of the face amount of the bond limitation for a State has been issued, the authorized limitation for such State under paragraph (1) shall be reduced by the amount by which 10 percent of the face amount of the bond limitation for such State exceeds the face amount of issued bonds. (B) 2014 If after the date of enactment of this section and before January 1, 2015, less than 30 percent of the face amount of the bond limitation for a State has been issued, the authorized limitation for such State shall be reduced by the amount by which 10 percent of the face amount of the bond limitation for such State exceeds the face amount of issued bonds. (3) Movable property No bonds shall be issued which are to be used for movable fixtures and equipment. (4) Treatment of current refunding bonds Paragraph (1) shall not apply to any bond (or series of bonds) issued to refund a qualified Hurricane Sandy bond, if— (A) the average maturity date of the issue of which the refunding bond is a part is not later than the average maturity date of the bonds to be refunded by such issue, (B) the amount of the refunding bond does not exceed the outstanding amount of the refunded bond, and (C) the net proceeds of the refunding bond are used to redeem the refunded bond not later than 90 days after the date of the issuance of the refunding bond. For purposes of subparagraph (A), average maturity shall be determined in accordance with section 147(b)(2)(A). (d) Qualified project costs For purposes of this section, the term qualified project costs means the cost of acquisition, construction, reconstruction, and renovation of— (1) residential rental property (as defined in section 142(d)), (2) nonresidential real property (including fixed improvements associated with such property), (3) a facility described in paragraph (2) or (3) of section 142(a), or (4) public utility property (as defined in section 168(i)(10)), which is located in the Hurricane Sandy Disaster area and was damaged or destroyed by reason of the Hurricane Sandy federally declared disaster. (e) Special rules In applying this title to any qualified Hurricane Sandy Bond, the following modifications shall apply: (1) Section 147(d) (relating to acquisition of existing property not permitted) shall be applied by substituting 50 percent for 15 percent each place it appears. (2) Section 148(f)(4)(C) (relating to exception from rebate for certain proceeds to be used to finance construction expenditures) shall apply to the available construction proceeds of bonds issued under this section. For purposes of the preceding sentence, the following spending requirements shall apply in lieu of the requirements in clause (ii) of such section: (A) 40 percent of such available construction proceeds are spent for the governmental purposes of the issue within the 2-year period beginning on the date the bonds are issued, (B) 60 percent of such proceeds are spent for such purposes within the 3-year period beginning on such date, (C) 80 percent of such proceeds are spent for such purposes within the 4-year period beginning on such date, and (D) 100 percent of such proceeds are spent for such purposes within the 5-year period beginning on such date. (3) Repayments of principal on financing provided by the issue— (A) may not be used to provide financing, and (B) must be used not later than the close of the 1st semiannual period beginning after the date of the repayment to redeem bonds which are part of such issue. The requirement of subparagraph (B) shall be treated as met with respect to amounts received within 5 years after the date of issuance of the issue (or, in the case of a refunding bond, the date of issuance of the original bond) if such amounts are used by the close of such 5 years to redeem bonds which are part of such issue. (4) Section 57(a)(5) shall not apply. (f) Separate issue treatment of portions of an issue This section shall not apply to the portion of an issue which (if issued as a separate issue) would be treated as a qualified bond or as a bond that is not a private activity bond (determined without regard to paragraph (1)), if the issuer elects to so treat such portion. (g) Hurricane Sandy federally declared disaster and disaster area The terms Hurricane Sandy federally declared disaster and Hurricane Sandy disaster area have the meanings given such terms by section 165(h)(3)(D). . (b) Clerical amendment The table of sections for subpart A of part IV of subchapter B of chapter 1 is amended by inserting after the item relating to section 146 the following new item: Sec. 146A. Hurricane Sandy Bonds. . (c) Effective date The amendments made by this section shall apply to obligations issued after the date of the enactment of this Act. 14. Additional low-income housing credit may be allocated in States damaged by Hurricane Sandy (a) In general Paragraph (3) of section 42(h) (relating to limitation on aggregate credit allowable with respect to projects located in a State) is amended by adding at the end the following new subparagraph: (J) Increase in State housing credit for States damaged by Hurricane Sandy (i) In general In the case of calendar year 2013, the State housing credit ceiling of each State any portion of which includes any portion of the Hurricane Sandy disaster area shall be increased by so much of the aggregate housing credit dollar amount as does not exceed the applicable limitation allocated by the State housing credit agency of such State for such calendar year to buildings located in such disaster area. (ii) Applicable limitation For purposes of clause (i), the applicable limitation is the greater of— (I) $8 multiplied by the population of the area described in clause (vii)(I), or (II) 50 percent of the State housing credit ceiling (determined without regard to this subparagraph) for 2013. (iii) Applicable percentage For purposes of this section, the applicable percentage with respect to any building to which amounts allocated under clause (i) shall be determined under subsection (b)(2), except that subparagraph (A) thereof shall be applied by substituting December 31, 2015 for December 31, 2013 . (iv) Allocations treated as made first from additional allocation amount for purposes of determining carryover For purposes of determining the unused State housing credit ceiling under subparagraph (C) for any calendar year, any increase in the State housing credit ceiling under clause (i) shall be treated as an amount described in clause (ii) of such subparagraph. (v) Difficult development area (I) In general In the case of property placed in service during 2013, 2014, or 2015, the Hurricane Sandy disaster area shall be treated as a difficult development area designated under subclause (I) of subsection (d)(5)(B)(iii), and shall not be taken into account for purposes of applying the limitation under subclause (II) of such subsection. (II) Application of clause Subclause (I) shall apply only to— (aa) housing credit dollar amounts allocated during 2013, and (bb) to the extent that paragraph (1) does not apply to any building by reason of paragraph (4), only with respect to bonds issued after December 31, 2012. (vi) Hurricane Sandy disaster area and Hurricane Sandy federally declared disaster For purposes of this subparagraph— (I) Disaster area The term Hurricane Sandy disaster area means each county included in the geographical area covered by the Hurricane Sandy federally declared disaster. (II) Hurricane Sandy federally declared disaster and disaster area The term Hurricane Sandy federally declared disaster has the meaning given such term by section 165(h)(3)(D). . (b) Effective date The amendment made by this section shall take effect on the date of the enactment of this Act. 15. Special rules for use of retirement funds (a) Early withdrawal from retirement plans Paragraph (2) of section 72(t) is amended by adding at the end the following new subparagraph: (H) Hurricane Sandy distributions Distributions to an individual which are Hurricane Sandy distributions (as defined in paragraph (11)). . (b) Special rules Subsection (t) of section 72 is amended by adding at the end the following: (11) Special rules relating to use of retirement funds relating to Hurricane Sandy (A) Distributions For purposes of this paragraph— (i) In general The term Hurricane Sandy distribution means any distribution from an eligible retirement plan (as defined by section 402(c)(8)(B)) made on or after October 29, 2012, and before January 1, 2014, to an individual whose principal place of abode on October 29, 2012, is located in the Hurricane Sandy disaster area (as defined in section 165(h)(3)(D)) and who has sustained an economic loss by reason of Hurricane Sandy. (ii) Aggregate dollar limitation (I) In general For purposes of this paragraph, the aggregate amount of distributions received by an individual which may be treated as Hurricane Sandy distributions for any taxable year shall not exceed the excess (if any) of— (aa) $100,000, over (bb) the aggregate amounts treated as Hurricane Sandy distributions received by such individual for all prior taxable years. (II) Treatment of plan distributions If a distribution to an individual would (without regard to subclause (I)) be a Hurricane Sandy distribution, a plan shall not be treated as violating any requirement of this title merely because the plan treats such distribution as a Hurricane Sandy distribution, unless the aggregate amount of such distributions from all plans maintained by the employer (and any member of any controlled group which includes the employer) to such individual exceeds $100,000. (III) Controlled group For purposes of subclause (II), the term controlled group means any group treated as a single employer under subsection (b), (c), (m), or (o) of section 414. (iii) Amount distributed may be repaid (I) In general Any individual who receives a Hurricane Sandy distribution may, at any time during the 3-year period beginning on the day after the date on which such distribution was received, make one or more contributions in an aggregate amount not to exceed the amount of such distribution to an eligible retirement plan of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16), as the case may be. (II) Treatment of repayments of distributions from eligible retirement plans other than IRAs For purposes of this title, if a contribution is made pursuant to subclause (I) with respect to a Hurricane Sandy distribution from an eligible retirement plan other than an individual retirement plan, then the taxpayer shall, to the extent of the amount of the contribution, be treated as having received the Hurricane Sandy distribution in an eligible rollover distribution (as defined in section 402(c)(4)) and as having transferred the amount to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. (III) Treatment of repayments for distributions from IRAs For purposes of this title, if a contribution is made pursuant to subclause (I) with respect to a Hurricane Sandy distribution from an individual retirement plan (as defined by section 7701(a)(37)), then, to the extent of the amount of the contribution, the Hurricane Sandy distribution shall be treated as a distribution described in section 408(d)(3) and as having been transferred to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. (iv) Income inclusion spread over 3-year period (I) In general In the case of any Hurricane Sandy distribution, unless the taxpayer elects not to have this clause apply for any taxable year, any amount required to be included in gross income for such taxable year shall be so included ratably over the 3-taxable year period beginning with such taxable year. (II) Special rule For purposes of subclause (I), rules similar to the rules of subparagraph (E) of section 408A(d)(3) shall apply. (v) Special rules (I) Exemption of distributions from trustee to trustee transfer and withholding rules For purposes of sections 401(a)(31), 402(f), and 3405, Hurricane Sandy distributions shall not be treated as eligible rollover distributions. (II) Hurricane Sandy distributions treated as meeting plan distribution requirements For purposes this title, a Hurricane Sandy distribution shall be treated as meeting the requirements of sections 401(k)(2)(B)(i), 403(b)(7)(A)(ii), 403(b)(11), and 457(d)(1)(A). (B) Recontributions of withdrawals for home purchases (i) In general Any individual who received a distribution described in clause (ii) may, during the applicable period, make one or more contributions in an aggregate amount not to exceed the amount of such distribution to an eligible retirement plan (as defined in section 402(c)(8)(B)) of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under section 402(c), 403(a)(4), 403(b)(8), or 408(d)(3), as the case may be. (ii) Distribution described For purposes of clause (i), a distribution is described in this clause if the distribution— (I) is described in paragraph (2)(F) or section 401(k)(2)(B)(i)(IV), 403(b)(7)(A)(ii) (but only to the extent such distribution relates to financial hardship), or 403(b)(11)(B), (II) is received after April 29, 2012, and before October 30, 2012, and (III) was to be used to purchase or construct a principal residence in the Hurricane Sandy disaster area (as defined in section 165(h)(3)(D)), but which was not so purchased or constructed on account of Hurricane Sandy. (iii) Applicable period For purposes of this subparagraph, the term applicable period means the period beginning on October 29, 2012, and ending five months after the date of enactment of the Hurricane Sandy Tax Relief Act of 2013 . (iv) Treatment of repayments Rules similar to the rules of subclauses (II) and (III) of subparagraph (A)(iii) shall apply for purposes of this subparagraph. . (c) Loans from qualified plans Subsection (p) of section 72 is amended by adding at the end the following: (6) Special rules relating to Hurricane Sandy (A) Increase in limit on loans not treated as distributions In the case of any loan from a qualified employer plan to a qualified individual made during the applicable period— (i) paragraph (2)(A)(i) shall be applied by substituting $100,000 for $50,000 , and (ii) paragraph (2)(A)(ii) shall be applied by substituting the present value of the nonforfeitable accrued benefit of the employee under the plan for one-half of the present value of the nonforfeitable accrued benefit of the employee under the plan . (B) Delay of repayment In the case of a qualified individual with an outstanding loan on or after the qualified beginning date from a qualified employer plan— (i) if the due date pursuant to subparagraph (B) or (C) of paragraph (2) for any repayment with respect to such loan occurs during the period beginning on the qualified beginning date and ending on December 31, 2013, such due date shall be delayed for 1 year, (ii) any subsequent repayments with respect to any such loan shall be appropriately adjusted to reflect the delay in the due date under clause (i) and any interest accruing during such delay, and (iii) in determining the 5-year period and the term of a loan under subparagraph (B) or (C) of paragraph (2), the period described in clause (i) shall be disregarded. (C) Qualified individual For purposes of this paragraph— (i) In general The term qualified individual means any qualified Hurricane Sandy individual. (ii) Qualified Hurricane Sandy individual The term qualified Hurricane Sandy individual means an individual whose principal place of abode on October 29, 2012, is located in the Hurricane Sandy disaster area (as defined in section 165(h)(3)(D)) and who has sustained an economic loss by reason of Hurricane Sandy. (D) Other definitions For purposes of this paragraph— (i) Applicable period The applicable period is the period beginning on the date of enactment of the Hurricane Sandy Tax Relief Act of 2013 and ending on December 31, 2013. (ii) Qualified beginning date The qualified beginning date is October 29, 2012. . (d) Effective date The amendments made by this section shall apply to years ending after October 28, 2012. (e) Provisions relating to plan amendments (1) In general If this subsection applies to any amendment to any plan or annuity contract, such plan or contract shall be treated as being operated in accordance with the terms of the plan during the period described in paragraph (2)(B)(i). (2) Amendments to which subsection applies (A) In general This subsection shall apply to any amendment to any plan or annuity contract which is made— (i) pursuant to any provision of, or amendment made by. this section, or pursuant to any regulation issued by the Secretary of the Treasury or the Secretary of Labor under any provision of, or amendment made by, this section, and (ii) on or before the last day of the first plan year beginning on or after January 1, 2014, or such later date as the Secretary of the Treasury may prescribe. In the case of a governmental plan (as defined in section 414(d)), clause (ii) shall be applied by substituting the date which is 2 years after the date otherwise applied under clause (ii). (B) Conditions This subsection shall not apply to any amendment unless— (i) during the period— (I) beginning on the date that this section or the regulation described in subparagraph (A)(i) takes effect (or in the case of a plan or contract amendment not required by this section or such regulation, the effective date specified by the plan), and (II) ending on the date described in subparagraph (A)(ii) (or, if earlier, the date the plan or contract amendment is adopted), the plan or contract is operated as if such plan or contract amendment were in effect; and (ii) such plan or contract amendment applies retroactively for such period. | https://www.govinfo.gov/content/pkg/BILLS-113hr2137ih/xml/BILLS-113hr2137ih.xml |
113-hr-2138 | I 113th CONGRESS 1st Session H. R. 2138 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. McCarthy of California (for himself, Mr. Miller of Florida , and Mr. Coffman ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs , and in addition to the Committee on Armed Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To direct the Secretary of Veterans Affairs to resolve the backlog of disability claims of the Department of Veterans Affairs, and for other purposes.
1. Short title This Act may be cited as the Ending VA Claims Disability Backlog and Accountability Act . 2. Findings Congress finds the following: (1) The Secretary of Veterans Affairs is statutorily obligated to provide to individuals who served in the Armed Forces and sustained an injury as a direct result of such service with health care, disability compensation, and related resources. (2) Disability compensation payments are intended to provide relief for some of the socioeconomic and other losses veterans experience as a result of service-connected diseases and injuries. (3) A recent review by the Government Accountability Office found that the backlog of disability claims at the Department of Veterans Affairs has more than tripled since 2009 and the average length of time to complete a claim has increased from 161 days in 2009 to 260 days in 2012. (4) In August 2012, approximately 568,043 claims or two-thirds of all compensation rating claims are backlogged. (5) The Government Accountability Office found that delays in obtaining service and medical records for veterans who served in the National Guard or Reserve is a significant factor in lengthening the claims process for these veterans even though they make up 43 percent of veterans who served during the Global War on Terrorism. (6) The Government Accountability Office found that if a veteran submits a disability claim and reports receiving disability benefits from the Social Security Administration, the Department of Veterans Affairs is required to help the veteran obtain relevant Federal records, including medical records from the Social Security Administration to process the claim. (7) There is an interagency agreement between the Department of Veterans Affairs and the Social Security Administration, but the protocols of the Department and the response time of the Administration can take a year before the Department has obtained the requested information. (8) The Government Accountability Office found that approximately 50 percent of claims processing staff have been in their current role for less than two years and are not yet proficient in their duties requiring supervision and review from more experienced claims processing staff, diverting them from their claims processing responsibilities. (9) Veterans and their families have already selflessly and willingly sacrificed for our nation and faced numerous hardships; they should not have to continue to face undue and avoidable hardships after their service as they seek the benefits they earned. (10) On March 24, 2013, the Secretary of Veterans Affairs Eric K. Shinseki stated in an interview on State of the Union television show, no veteran should have to wait for claims as they are today. We have a fix for this. We're open for business. And we will end the backlog in 2015. . (11) On April 15, 2013, the Secretary, in written testimony before the Committee on Veterans’ Affairs of the Senate, again stated that the VA remains focused on eliminating the disability claims backlog in 2015 and processing all claims within 125 days at a 98-percent accuracy level. . (12) On April 19, 2013, the Secretary again stated in a New York Times article titled V.A. Aims to Reduce Its Backlog of Claims , that the Department will eliminate the backlog by 2015. . (13) Numerous congressional inquiries for progress reports and detailed information regarding the disability claims backlog remain unanswered, while the Secretary continues to state the claims backlog will be eliminated by 2015, claims processing accuracy will be increased to 98 percent, and claims processing will take no longer than 125 days as a direct result of the Strategic Plan to Eliminate the Compensation Claims Backlog of the Department. (14) The Government Accountability Office found that the Strategic Plan to Eliminate the Compensation Claims Backlog of the Department does not adequately articulate how the Department will meet its goals, and planning documents that the Department provided does not meet the established criteria of the Government Accountability Office for sound planning, potentially leading to concerns about the ability of the Department to reduce claims backlogs. 3. Timeline and metrics to resolve backlog of disability claims (a) Implementation of Strategic Plan To Eliminate the Compensation Claims Backlog The Secretary of Veterans Affairs shall implement the Strategic Plan to Eliminate the Compensation Claims Backlog, published by the Secretary on January 25, 2013, to ensure that by Memorial Day (May 25), 2015, each claim for disability compensation under the laws administered by the Secretary (in this Act referred to as a claim ) is approved or denied by not later than 125 days after the date on which the claim is submitted with an accuracy rate of 98 percent. (b) Supplemental report Not later than 60 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a supplemental report to the Strategic Plan to Eliminate the Compensation Claims Backlog that includes the following: (1) Specific measures, procedures, and metrics to assess the implementation of the plan pursuant to subsection (a). (2) A detailed timeline to implement each initiative contained in the Strategic Plan to Eliminate the Compensation Claims Backlog. 4. Expedition of transfer of certain records (a) SSA records Not later than 60 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall enter into an agreement with the Commissioner of the Social Security Administration to ensure that the Commissioner transfers to the Secretary disability or medical records of the Commissioner that the Secretary will use to evaluate a claim by not later than 30 days after the Secretary requests such records. (b) DOD records Not later than 60 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall enter into an agreement with the Secretary of Defense to ensure that the Secretary of Defense transfers to the Secretary of Veterans Affairs medical records of members or former members of the Armed Forces that the Secretary will use to evaluate a claim by not later than 30 days after the Secretary requests such records. (c) National Guard records Not later than 60 days after the date of the enactment of this Act, the Secretary of Veterans Affairs and the Secretary of Defense shall jointly— (1) submit to Congress a plan to reduce to 30 days the amount of time needed to provide members of the National Guard and the Secretary of Veterans Affairs with the medical records of such members, including by partnering with appropriate officials of Federal or State departments or agencies; and (2) implement such plan. 5. Claims processors training (a) Establishment The Secretary of Veterans Affairs shall establish a training program to provide newly hired claims processors of the Department of Veterans Affairs with training for a period of not less than three years. In carrying out such program, the Secretary shall identify successful claims processors of the Department who can assist in the training of newly hired claims processors. (b) Ability to process claims The Secretary shall carry out the training program established under subsection (a) without increasing the amount of time in which claims are processed by the Department. 6. Reports by Comptroller General of the United States (a) Reports Not later than 90 days after the date of the enactment of this Act, and each 90-day period thereafter, the Comptroller General of the United States shall submit to Congress a report on the progress of the Secretary of Veterans Affairs in implementing the Strategic Plan to Eliminate the Compensation Claims Backlog pursuant to section 3(a). (b) Matters included Each report under subsection (a) shall include the following: (1) Whether the Secretary is meeting the timeline of the Strategic Plan to Eliminate the Compensation Claims Backlog. (2) An analysis of the implementation by the Secretary of such plan. (3) Administrative or regulatory recommendations of the Comptroller General with respect to improving the ability of the Secretary to carry out section 3(a). | https://www.govinfo.gov/content/pkg/BILLS-113hr2138ih/xml/BILLS-113hr2138ih.xml |
113-hr-2139 | I 113th CONGRESS 1st Session H. R. 2139 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Crenshaw (for himself and Mr. Smith of Nebraska ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To make certain luggage and travel articles eligible for duty-free treatment under the Generalized System of Preferences, and for other purposes.
1. Short title This Act may be cited as the GSP Update for Production Diversification and Trade Enhancement Act or GSP UPDATE Act . 2. Findings Congress makes the following findings: (1) The Generalized System of Preferences under title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.) was enacted to promote economic development in developing and least-developed countries. (2) Many articles referred to as luggage or travel articles and classified under chapter 42 of the Harmonized Tariff Schedule of the United States may not be designated as eligible articles for purposes of the Generalized System of Preferences. (3) Global trade and manufacturing dynamics have changed since the enactment of the Generalized System of Preferences in 1974, and many luggage and travel articles may no longer be import-sensitive to industries in the United States. (4) By removing certain luggage and travel articles from the list of articles excluded from eligibility under the Generalized System of Preferences, Congress is not changing rates in the Harmonized Tariff Schedule of the United States, but instead is allowing those articles access to the annual review process under the Generalized System of Preferences, which relies on investigations and recommendations from the independent United States International Trade Commission, among other agencies of the United States Government. (5) As of February 2012, 73 of the 132 countries designated as beneficiary developing countries under the Generalized System of Preferences export articles classified under heading 4202 of the Harmonized Tariff Schedule of the United States to the United States. Twenty of those countries have been designated as least-developed beneficiary developing countries for purposes of the Generalized System of Preferences. (6) As of February 2012, the People's Republic of China has a nearly 80 percent share of the market for certain luggage and travel articles being imported into the United States. This dominance leaves little room for competition from smaller developing countries. For example, countries designated as beneficiary developing countries under the Generalized System of Preferences account for only 5 percent of imports of those articles into the United States. (7) The provision of duty-free treatment under the Generalized System of Preferences for certain luggage and travel articles imported into the United States may result in a shift in the production of those articles from China to countries designated as beneficiary developing countries or least-developed beneficiary developing countries under the Generalized System of Preferences. 3. Eligibility of certain luggage and travel articles for duty-free treatment under the Generalized System of Preferences Section 503(b)(1) of the Trade Act of 1974 ( 19 U.S.C. 2463(b)(1) ) is amended— (1) in subparagraph (A), by striking paragraph (4) and inserting paragraphs (4) and (5) ; (2) in subparagraph (E), by striking Footwear and inserting Except as provided in paragraph (5), footwear ; and (3) by adding at the end the following: (5) Certain luggage and travel articles Notwithstanding subparagraph (A) or (E) of paragraph (1), the President may designate the following as eligible articles under subsection (a): (A) Articles classifiable under subheading 4202.11.00, 4202.12.40, 4202.21.60, 4202.21.90, 4202.22.15, 4202.22.45, 4202.31.60, 4202.32.40, 4202.32.80, 4202.92.15, 4202.92.20, 4202.92.45, or 4202.99.90 of the Harmonized Tariff Schedule of the United States. (B) Articles classifiable under statistical reporting number 4202.12.2020, 4202.12.2050, 4202.12.8030, 4202.12.8070, 4202.22.8050, 4202.32.9550, 4202.32.9560, 4202.91.0030, 4202.91.0090, 4202.92.3020, 4202.92.3031, 4202.92.3091, 4202.92.9026, or 4202.92.9060 of the Harmonized Tariff Schedule of the United States. . | https://www.govinfo.gov/content/pkg/BILLS-113hr2139ih/xml/BILLS-113hr2139ih.xml |
113-hr-2140 | I 113th CONGRESS 1st Session H. R. 2140 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Gary G. Miller of California (for himself and Mrs. McCarthy of New York ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To permit insurance companies that are depository holding companies, or are subsidiaries of depository holding companies, to comply with the accounting and capital requirements applicable to the insurance company under State law, and for other purposes.
1. Short title This Act may be cited as the Insurance Capital and Accounting Standards Act of 2013 . 2. Leverage and risk-based capital requirements Subsection (b) of section 171 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5371(b) ) is amended— (1) by redesignating paragraphs (3), (4), (5), (6), and (7) as paragraphs (4), (5), (6), (7), and (8), respectively; and (2) by inserting after paragraph (2) the following new paragraph: (3) Insurance companies (A) In general The minimum leverage capital requirements and the minimum risk-based capital requirements established under paragraphs (1) and (2) shall, for depository institution holding companies and nonbank financial companies supervised by the Board of Governors that is an insurance company, or that has one or more subsidiaries that are insurance companies— (i) with respect to the insurance company, adhere to the regulatory accounting practices and procedures applicable to, and the capital structure of, such companies; and (ii) with respect to the insurance company, utilize the governing State law capital requirements for insurance companies. (B) Compliance with capital requirements under State law (i) Presumption Any insurance company, insurance affiliate, or insurance subsidiary in compliance with applicable risk-based capital standards established under State law shall be presumed to satisfy any minimum capital requirements of this section. (ii) Determination of Board with respect to presumption The Board of Governors may, on a case-by-case basis on the record, determine that the presumption in clause (i) should not apply, provided that the Board first establishes through rulemaking the general procedures and standards to be utilized for such proceedings. (iii) Effect of determination Where the Board of Governors makes a determination under clause (ii) that the presumption should not apply to a company, the requirements of subparagraphs (A), (C), and (D) remain applicable in establishing capital rules for such company. (C) Analysis of leverage and risk based capital requirements No requirements under paragraph (1) and (2) for a company described under subparagraph (A) shall apply unless the Board— (i) carries out a cost-benefit analysis of the application of those requirements specific to a company described under subparagraph (A), including soliciting and reviewing public comment of the analysis prior to any final rulemaking, and the Board of Governors determines that the benefits of applying the requirements outweigh the cost; and (ii) carries out a quantitative impact study of the application of those requirements specific to a company described under subparagraph (A), including soliciting and reviewing public comment of the study prior to any final rulemaking, and only apply the requirements if the Board of Governors determines that the study shows the requirements are appropriate. (D) Rulemaking requirements Any rulemaking implementing paragraphs (1) and (2) shall separately incorporate and reflect the requirements provided for under subparagraphs (A), (B), and (C). . 3. Accounting standards applicable to insurance companies Section 115 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5325 ) is amended by adding at the end the following: (h) Accounting standards applicable to insurance companies With respect to a nonbank financial company supervised by the Board of Governors that is an insurance company, the Board of Governors may not require the insurance company to comply with accounting standards, including generally accepted accounting principles, that are different than those regulatory accounting standards applicable to the insurance company under applicable State law. . 4. Solvency, capital, and accounting requirements for insurance-based savings and loan holding companies Section 10(g) of the Home Owners’ Loan Act ( 12 U.S.C. 1467a(g) ) is amended by adding at the end the following: (6) Solvency, capital, and accounting requirements for insurance-based savings and loan holding companies (A) In general Notwithstanding any other provision of this section, in establishing capital standards required for a savings and loan holding company that is an insurance company or that has one or more subsidiaries that are insurance companies, the Board shall— (i) with respect to the insurance company, adhere to the regulatory accounting practices and procedures applicable to, and the capital structure of, such company; (ii) with respect to the insurance company, utilize the governing State law capital requirements for insurers; and (iii) not require any insurance company to comply with accounting standards, including generally accepted accounting principles, that are different than those accounting standards the company is required to comply with by the company’s State regulator. (B) Compliance with capital requirements under State law (i) Presumption Any insurance company, insurance affiliate, or insurance subsidiary in compliance with applicable risk-based capital standards established under State law shall be presumed to satisfy any capital requirements of this Act. (ii) Determination of Board with respect to presumption The Board may, on a case-by-case basis on the record, determine that the presumption in clause (i) should not apply, provided that the Board first establishes through rulemaking the general procedures and standards to be utilized for such proceedings. (iii) Effect of determination Where the Board makes a determination under clause (ii) that the presumption should not apply to a company, the requirements of subparagraphs (A), (C), and (D) remain applicable in establishing capital rules for such company. (C) Analysis of capital requirements No capital requirements under this Act for a company described under subparagraph (A) shall apply unless the Board— (i) carries out a cost-benefit analysis of the application of those requirements specific to a company described under subparagraph (A), including soliciting and reviewing public comment of the analysis prior to any final rulemaking, and the Board determines that the benefits of applying the requirements outweigh the cost; and (ii) carries out a quantitative impact study of the application of those requirements specific to a company described under subparagraph (A), including soliciting and reviewing public comment of the study prior to any final rulemaking, and only apply the requirements if the Board determines that the study shows the requirements are appropriate. (D) Rulemaking requirements Any rulemaking setting capital rules for companies described in subparagraph (A) shall separately incorporate and reflect the requirements provided for under subparagraphs (A), (B), and (C). . 5. Source of strength Section 38A of the Federal Deposit Insurance Act ( 12 U.S.C. 1831o–1 ) is amended— (1) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; and (2) by inserting after subsection (b) the following: (c) Insurance regulator consent In cases involving a depository institution holding company that is an insurance company or that has one or more subsidiaries that are insurance companies, before the appropriate Federal banking agency may require such insurance company to be used directly or indirectly as a source of financial strength pursuant to subsection (a) or (b), the appropriate Federal banking agency shall obtain— (1) the consent of the insurance commissioner (or similar official charged with the principal responsibility of supervising the business of insurance within each State, territory, or insular possession of the United States) of the insurance company’s domiciliary State; and (2) a certification from such commissioner that the commissioner considered the safety and soundness of the insurance company or subsidiary insurance company prior to providing such consent. . | https://www.govinfo.gov/content/pkg/BILLS-113hr2140ih/xml/BILLS-113hr2140ih.xml |
113-hr-2141 | I 113th CONGRESS 1st Session H. R. 2141 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mrs. Beatty (for herself, Mr. Vargas , Ms. Norton , and Mr. Polis ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to allow Head Start teachers the same above-the-line deduction for supplies as is allowed to elementary and secondary school teachers.
1. Head start teachers allowed above-the-line deduction for supplies (a) In general Paragraph (1) of section 62(d) of the Internal Revenue Code of 1986 (defining eligible educator) is amended by adding at the end the following new subparagraph: (C) Head start teachers The term eligible educator includes, with respect to any taxable year, an individual who is a teacher or aide under a Head Start program operating under the Head Start Act ( 42 U.S.C. 9831 et seq. ) for at least 700 hours during a school year. . (b) Effective date The amendment made by subsection (a) shall apply to taxable years ending after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr2141ih/xml/BILLS-113hr2141ih.xml |
113-hr-2142 | I 113th CONGRESS 1st Session H. R. 2142 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Bishop of New York (for himself, Mr. King of New York , and Mr. Runyan ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Housing and Community Development Act of 1974 to set-aside community development block grant amounts in each fiscal year for grants to local chapters of veterans service organizations for rehabilitation of their facilities.
1. Short title This Act may be cited as the Renovate and Enhance Veterans’ Meeting Halls and Posts Act of 2013 or the REVAMP Act of 2013 . 2. Competitive grants to veterans service organizations for facility rehabilitation (a) Grants Section 107 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5307 ) is amended by adding at the end the following new subsection: (g) Competitive grants to veterans service organizations for facility rehabilitation (1) Authority Using the amounts made available under section 106(a)(4) in each fiscal year for grants under this subsection, the Secretary shall make grants, on a competitive basis, to eligible veterans service organizations for use for repairs and rehabilitation of existing facilities of such organizations. (2) Eligible veterans service organizations For purposes of this subsection, the term eligible veterans service organization means— (A) an entity that is exempt from taxation pursuant to section 501(c)(19) of the Internal Revenue Code of 1986 ( 26 U.S.C. 501(c)(19) ) and is organized on a local or area basis; and (B) a local or area chapter, post, or other unit of a national, regional, Statewide, or other larger entity of which local or area chapters, posts, or units are members, that is exempt from taxation pursuant to section 501(c)(19) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(19)). Such term does not include any such national, regional, Statewide, or other larger entity. (3) Limitations (A) Amount No eligible veterans service organization may receive grant amounts under this subsection, from the amounts made available for any single fiscal year, in an amount exceeding the lesser of— (i) the cost of the proposed repair or rehabilitation; or (ii) $200,000. (B) Timing Any eligible veterans service organization that receives grant amounts under this subsection from amounts made available for a fiscal year shall be ineligible for any grant from any amounts made available for such grants for any of the succeeding 5 fiscal years. (4) Applications Applications for assistance under this subsection may be submitted only by eligible veterans service organizations, and shall be in such form and in accordance with such procedures as the Secretary shall establish. Such applications shall include a plan for the proposed repair or rehabilitation activities to be conducted using grant amounts under this subsection. (5) Selection; criteria The Secretary shall select applications to receive grants under this subsection pursuant to a competition and based on criteria for such selection, which shall include— (A) the extent of need for such assistance; (B) the quality of the plan proposed for repair or rehabilitation of the facility involved; (C) the capacity or potential capacity of the applicant to successfully carry out the plan; and (D) such other factors as the Secretary determines to be appropriate. (6) Prohibition of construction or acquisition No amounts from a grant under this subsection may be used for the construction or acquisition of a new facility. . (b) Funding Subsection (a) of section 106 of the Housing and Community Development Act of 1974 (42 U.S.C. 5306(a)) is amended— (1) in paragraph (4), by striking and (3) and inserting (3), and (4) ; (2) by redesignating paragraph (4) as paragraph (5); and (3) by inserting after paragraph (3) the following new paragraph: (4) For each fiscal year, after reserving amounts under paragraphs (1) and (2) and allocating amounts under paragraph (3), the Secretary shall allocate $50,000,000 (subject to sufficient amounts remaining after such reservations and allocation) for grants under section 107(g). . (c) Regulations The Secretary of Housing and Urban Development shall issue any regulations necessary to carry out sections 106(a)(4) and 107(g) of the Housing and Community Development Act of 1974, as added by the amendments made by this section, not later than the expiration of the 90-day period beginning on the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr2142ih/xml/BILLS-113hr2142ih.xml |
113-hr-2143 | I 113th CONGRESS 1st Session H. R. 2143 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mrs. Blackburn (for herself, Mr. Barrow of Georgia , Mr. Terry , and Mrs. Christensen ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title IX of the Public Health Service Act to revise the operations of the United States Preventive Services Task Force.
1. Short title This Act may be cited as the USPSTF Transparency and Accountability Act of 2013 . 2. Changes to United States Preventive Services Task Force (a) In general Subsection (a) of section 915 of the Public Health Service Act ( 42 U.S.C. 299b–4 ) is amended— (1) by amending the heading to read as follows: United States Preventive Services Task Force ; (2) by amending paragraph (1) to read as follows: (1) Establishment and purpose The Director may establish and periodically convene the United States Preventive Services Task Force (in this section referred to as the Task Force ). The Task Force shall review the scientific evidence and new science related to the effectiveness and appropriateness of clinical preventive services for the purpose of developing recommendations for primary care clinicians and the health care community and updating previous clinical preventive recommendations. ; (3) by redesignating paragraph (3) as paragraph (5) and paragraphs (4) through (7) as paragraphs (9) through (12), respectively; (4) by inserting after paragraph (2) the following new paragraphs: (3) Composition (A) In general The Task Force shall be composed of individuals that collectively have appropriate scientific expertise, including in fields of health sciences research, health economics, health promotion, disease prevention, and clinical care. The Task Force shall include balanced representation of practicing primary and specialty care providers, patient and health care consumers, and relevant stakeholders from the medical products manufacturing community. (B) Notice Before appointing members to the Task Force, the Director shall give persons an opportunity to nominate potential members. The Director shall provide for the publication in the Federal Register of a request for comments on such members and shall provide a mechanism for persons to submit such comments through the official website of the Agency. The Director shall consider any comments submitted in selecting the members of the Task Force. (4) Review and consultation (A) Research plans (i) In general In conducting its reviews under paragraph (1), the Task Force, with the concurrence of the Director, shall publish one or more proposed research plans (in this subsection referred to as a research plan ) to guide the Task Force’s systematic review of the evidence. Each such plan shall include an analytic framework, key questions, and a literature search strategy or research approach, and shall incorporate the methodological guidelines developed under clause (ii). The Agency shall provide for the publication in the Federal Register of a request for public comments on each plan and shall accept comments during a period of at least 60 days. Any final research plan shall be made available to the public and include a discussion of the comments received and responses to such comments. The Task Force, with the concurrence of the Director, may change such a research plan through the same process as applied to the initial adoption of such plan. (ii) Criteria The Director shall design and regularly update guidelines for proper methodological standards for incorporation into such research plans. Such guidelines shall include measures for appropriate validity, for risk adjustment, for timeliness, for input from relevant experts and peers in the respective communities, for accounting for all relevant subpopulations (including disparities by race, ethnicity, socioeconomic status, and geographic location), and for other health outcome measurements. (iii) Consultation on research plans The Director shall facilitate coordination and interaction with other agencies and departments in the creation of research plans (taking into consideration research and findings by other agencies and departments) and methodological standards under clause (ii), including with the National Institutes of Health, the National Cancer Institute, the National Institute on Minority Health and Health Disparities, the Centers for Disease Control and Prevention, the Department of Defense, the Department of Veterans Affairs, the Centers for Medicare & Medicaid Services, and the Patient-Centered Outcomes Research Institute. (B) Evidence reports The Director shall make publicly available each draft evidence report and publish in the Federal Register a request for public comments on such reports. No such evidence report shall be published prior to it being reviewed by a panel of external subject matter experts that includes provider and patient representatives. Each such report shall include a description of the panel that conducted such review. Such description shall include information on each panel member, including name, academic degree (or degrees), affiliations, and related expertise. (C) Recommendation statements (i) Publication of draft recommendations The Director shall make publicly available each draft recommendation and shall provide for the publication in the Federal Register of a request for comments and accept comments during a period of not less than 60 days. (ii) Consultation on draft recommendations Before voting on a draft recommendation statement, the Task Force shall consult with relevant stakeholders, including provider groups, practicing specialists that treat the specific disease under review, and relevant patient and disease advocacy organizations. (iii) Public availability of comments and inclusion of description of comments in final statement The Director shall make such comments received publicly available. Any final recommendation statement shall include a description of comments received on the draft recommendation statement and recommendations of other Federal agencies or organizations relating to the topic of the statement. (iv) Consideration In publishing recommendation statements, the Task Force shall consider the impact of its recommendations on the health care community, whether a preventive service is beneficial for some individuals and the need to encourage a discussion of benefits and risks for those individuals, and how its specific assignment of a grade to a product or service may affect coverage and access to such product or service under Federal programs and private health insurance coverage. (D) Grading system In publishing recommendation statements, the Task Force shall grade products and services consistent with the following, subject to subparagraph (E): (i) Grade A The Task Force concludes that the current evidence is sufficient to assess the balance of benefits and risks of the product or service, and, on the basis of such evidence, recommends the product or service and determines that there is high certainty that the net benefit from the product or service is substantial. (ii) Grade B The Task Force concludes that the current evidence is sufficient to assess the balance of benefits and risks of the product or service, and, on the basis of such evidence, recommends the product or service and determines that there is high certainty that the net benefit of the product or service is moderate or there is moderate certainty that the net benefit of the product or service is moderate to substantial. (iii) Grade C The Task Force concludes that the current evidence is sufficient to assess the balance of benefits and risks of the product or service, and, on the basis of such evidence, does not make a recommendation of the product or service and clinicians may provide this product or service to selected patients depending on individual circumstances. However, for most individuals without signs or symptoms there is likely to be only a small benefit from this product or service. (iv) Grade D The Task Force concludes that the current evidence is sufficient to assess the balance of benefits and risks of the product or service, and, on the basis of such evidence, recommends against the product or service and determines that there is moderate or high certainty that the product or service has no net benefit or that the harm of the product or service outweighs the benefits. Recommendations against a preventive service shall only be issued in concurrence with the Secretary after consultation with other Federal health agencies and relevant patient and provider groups. (v) Grade I The Task Force concludes that the current evidence is not sufficient to assess the balance of benefits and risks of the product or service. (E) Changes in grading system (i) In general The Director may provide, by regulation, for changes in the grading system described in subparagraph (D). (ii) Impact of changes If the Director makes a change in the grading system under clause (i) for a particular grade, the Task Force shall review and regrade the services previously classified within that grade. Such review and regrade may be done through an expedited process but any such change in grade shall not take effect before such review process is completed. ; (5) in paragraph (5), as redesignated by paragraph (3)— (A) by striking dissemination of the recommendations of the Task Force and inserting dissemination of its recommendation statements ; and (B) by striking Guide’s recommendations and inserting recommendations of the Task Force ; (6) by inserting after paragraph (5), as so redesignated, the following new paragraphs: (6) Preventive services advisory board (A) In general The Task Force shall convene a preventive services advisory board (in this subsection referred to as the board ) composed of representatives of appropriate public and private entities with an interest in clinical preventive services to advise the Task Force on developing, updating, publishing, and disseminating evidence-based recommendations on the use of clinical preventive services. (B) Membership The members of the board shall include representatives of the following: (i) Patient groups. (ii) Providers of clinical services, including community-based providers and specialty physicians. (iii) Federal departments and agencies, including— (I) appropriate health agencies and offices in the Department, including the National Institutes of Health, the National Cancer Institute, the National Institute on Minority Health and Health Disparities, the Centers for Disease Control and Prevention, the Administration on Aging, the Health Resources and Services Administration, the Centers for Medicare & Medicaid Services, the Office of the Surgeon General of the Public Health Service, the Department of Defense, the Department of Veterans Affairs, the Patient-Centered Outcomes Research Institute, the Office of Minority Health, and the Office on Women’s Health; and (II) as appropriate, other Federal departments and agencies the programs of which have a significant impact upon health. (iv) Private health care payors. (C) Responsibilities In accordance with subsection (b)(5), the board shall— (i) recommend clinical preventive services for review by the Task Force; (ii) suggest scientific evidence for consideration by the Task Force related to reviews undertaken by the Task Force; (iii) provide feedback regarding the research plan, the evidence report, and draft recommendations by the Task Force; and (iv) assist with efforts regarding dissemination of recommendations by the Director of the Agency for Healthcare Research and Quality. (7) Disclosure and conflicts of interest Members of the Task Force or the board shall not be considered employees of the Federal Government by reason of service on the Task Force or the board, except members of the Task Force or the board shall be considered to be special Government employees within the meaning of section 107 of the Ethics in Government Act of 1978 (5 U.S.C. App.) and section 208 of title 18, United States Code, for the purposes of disclosure and management of conflicts of interest under those sections. (8) No pay; receipt of travel expenses Members of the Task Force or the board shall not receive any pay for service on the Task Force or board, but may receive travel expenses, including a per diem, in accordance with applicable provisions of subchapter I of chapter 57 of title 5, United States Code. ; and (7) by amending paragraph (10), as redesignated by paragraph (3), to read as follows: (10) Application of FACA The Task Force shall conduct its activities in compliance with the Federal Advisory Committee Act (5 U.S.C. App.). . (b) Effective date; transition (1) In general Except as otherwise provided, the amendments made by subsection (a) shall take effect on the date of the enactment of this Act. The United States Preventive Services Task Force shall not publish any draft or final recommendations on or after such date except in accordance with such amendments. (2) Reconstitution of Task Force Not later than 180 days after the date of the enactment of this Act, the Director of the Agency for Healthcare Research and Quality shall take steps to reconstitute the membership of the Task Force consistent with section 915(a)(3) of the Public Health Service Act, as amended by subsection (a). (3) Previously published recommendations With respect to recommendations or guidelines published by such Task Force before the date of the enactment of this Act, under procedures established by the Director of the Agency for Healthcare Research and Quality, the reconstituted Task Force shall undertake a review process consistent with the following: (A) Interested parties may request the Task Force to review such previous recommendations or guidelines. (B) Based upon such requests, the Task Force shall establish a process for the review of previous recommendations or guidelines. (C) Such process shall include public notice through the Federal Register and opportunity for comment and a determination to confirm or modify such recommendations or guidelines. (D) The process shall, to the extent feasible, be consistent with the procedures applied under the amendments made by subsection (a) for the promulgation of new recommendations. (c) GAO evaluation and report Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that contains the following: (1) A listing of the recommendations of the United States Preventive Services Task Force as of the such date, including the date final recommendations and any subsequent updates were posted or published. (2) A comparison of such recommendations and relevant recommendations of other Federal health agencies, including the Centers for Disease Control and Prevention, the Centers for Medicare & Medicaid Services, the Department of Defense, the Department of Veterans Affairs, and the Patient-Centered Outcomes Research Institute, as well as relevant recommendations from national medical professional societies and relevant patient and disease advocacy organizations. (3) An analysis of the impact of the recommendations of the Task Force on public and private insurance coverage, access, and outcomes, including impact on morbidity and mortality. (d) Elimination of Secretarial discretion To remove certain preventive services under the Medicare program Section 1834(n) of the Social Security Act (42 U.S.C. 1395m(n)), as added by section 4105(a) of Public Law 111–148 , is amended— (1) by striking paragraph (2); (2) by striking ; and at the end of paragraph (1)(B) and inserting a period; (3) by redesignating subparagraphs (A) and (B) of paragraph (1) as paragraphs (1) and (2), respectively, and moving their margins 2 ems to the left; and (4) by striking may and all that follows through modify and inserting may modify . | https://www.govinfo.gov/content/pkg/BILLS-113hr2143ih/xml/BILLS-113hr2143ih.xml |
113-hr-2144 | I 113th CONGRESS 1st Session H. R. 2144 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Braley of Iowa introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to provide for a refundable adoption tax credit.
1. Short title This Act may be cited as the Adoption Tax Credit Refundability Act of 2013 . 2. Refundable adoption tax credit (a) Credit made refundable (1) Credit moved to subpart relating to refundable credits The Internal Revenue Code of 1986 is amended— (A) by redesignating section 23 as section 36C, and (B) by moving section 36C (as so redesignated) from subpart A of part IV of subchapter A of chapter 1 to the location immediately before section 37 in subpart C of part IV of subchapter A of chapter 1. (2) Conforming Amendments (A) Section 24(b)(3)(B) of such Code is amended by striking 23, . (B) Section 25(e)(1)(C) of such Code is amended by striking 23, both places it appears. (C) Section 25A(i)(5)(B) of such Code is amended by striking 23, 25D, and inserting 25D . (D) Section 25B(g)(2) of such Code is amended by striking 23, . (E) Section 26(a)(1) of such Code is amended by striking 23, . (F) Section 30(c)(2)(B)(ii) of such Code is amended by striking 23, 25D, and inserting 25D . (G) Section 30B(g)(2)(B)(ii) of such Code is amended by striking 23, . (H) Section 30D(c)(2)(B)(ii) of such Code is amended by striking sections 23 and and inserting section . (I) Section 36C of such Code, as so redesignated, is amended— (i) in subsection (b)(2)(A), by striking (determined without regard to subsection (c)) , (ii) by striking subsection (c), and (iii) by redesignating subsections (d) through (i) as subsections (c) through (h), respectively. (J) Section 137 of such Code is amended— (i) in subsection (d), by striking section 23(d) and inserting section 36C(c) , and (ii) in subsection (e), by striking subsections (e), (f), and (g) of section 23 and inserting subsections (d), (e), and (f) of section 36C . (K) Section 904(i) of such Code is amended by striking 23, . (L) Section 1016(a)(26) is amended by striking 23(g) and inserting 36C(f) . (M) Section 1400C(d)(2) of such Code is amended by striking 23, . (N) Section 6211(b)(4)(A) of such Code is amended by inserting 36C, before 53(e) . (O) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code of 1986 is amended by striking the item relating to section 23. (P) Paragraph (2) of section 1324(b) of title 31, United States Code, as amended by this Act, is amended by inserting 36C, after 36B, . (Q) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986, as amended by this Act, is amended by inserting after the item relating to section 36B the following new item: Sec. 36C. Adoption expenses. (b) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2012. | https://www.govinfo.gov/content/pkg/BILLS-113hr2144ih/xml/BILLS-113hr2144ih.xml |
113-hr-2145 | I 113th CONGRESS 1st Session H. R. 2145 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Calvert (for himself, Mr. Ruiz , and Mr. Takano ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To provide for the conveyance of a small parcel of Natural Resources Conservation Service property in Riverside, California, and for other purposes.
1. Findings Congress finds as follows: (1) Since 1935, the United States has owned a parcel of land in Riverside, California, consisting of approximately 9.5 acres, more specifically described in section 2(a) (in this section referred to as the property ). (2) The property is administered by the Department of Agriculture and has been variously used for research and plant materials purposes. (3) Since 1998, the property has been administered by the Natural Resources Conservation Service. (4) Since 2002, the property has been co-managed under a cooperative agreement between the Natural Resources Conservation Service and the Riverside Corona Resource Conservation District, which is a legal subdivision of the State of California under section 9003 of the California Public Resources Code. (5) The Conservation District wishes to acquire the property and use it for conservation, environmental, and related educational purposes. (6) As provided in this Act, the conveyance of the property to the Conservation District would promote the Conservation District’s conservation education and related purposes and result in savings to the Federal Government. 2. Land conveyance, Natural Resources Conservation Service property, Riverside County, California (a) Conveyance authorized The Secretary of Agriculture shall convey and quitclaim to the Riverside Corona Resource Conservation District (in this section referred to as the Conservation District ) all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon, that is located at 4500 Glenwood Drive in Riverside, California, consists of approximately 9.5 acres, and is administered by the Natural Resources Conservation Service of the Department of Agriculture. As necessary or desirable for the conveyance under this subsection, the Secretary or the Conservation District may survey all or portions of the property to be conveyed. (b) Consideration (1) Value in use Subject to paragraph (2), the Conservation District shall pay to the Secretary an amount equal to the value in use of the property to be conveyed under subsection (a) as consideration for the conveyance of the property. (2) Required reductions The amount otherwise determined under paragraph (1) shall be reduced by— (A) the value of the improvements on the property provided for by non-Federal sources; and (B) the amount of any rental rate abatements negotiated and agreed to by the Secretary for the continued use of the property by the Department during the 10-year period beginning upon the conveyance of the property. (c) Deposit and use of consideration The amounts received as consideration under subsection (b) shall be credited to the applicable appropriation of the Natural Resources Conservation Service for conservation operations in California and shall remain available, without further appropriation, until expended as the Secretary may direct. (d) Prohibition on reservation of interest The Secretary shall not reserve any future interest in the property to be conveyed under subsection (a), except that which may be acceptable to the Conservation District. (e) Hazardous substances Notwithstanding section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620(h) ) or the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), in the conveyance of the property under subsection (a), the Secretary shall be only required to meet the disclosure requirements for hazardous substances, pollutants, or contaminants, but shall otherwise not be required to remediate or abate any such releases of hazardous substances, pollutants, or contaminants, including petroleum and petroleum derivatives. (f) Cooperative authority (1) Leases, contracts, and cooperative agreements authorized In conjunction with, or in addition to, the conveyance under subsection (a), the Secretary may enter into leases, contracts and cooperative agreements with the Conservation District. (2) Sole source Notwithstanding sections 3105, 3301, and 3303 to 3305 of title 41, United States Code, or any other provision of law, the Secretary may lease real property from the Conservation District on a noncompetitive basis. (3) Non-exclusive authority The authority provided by this subsection is in addition to any other authority of the Secretary. (g) Additional terms and conditions The Secretary may require such reasonable terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States, except that the conveyance does not require further administrative or environmental analyses or examination. | https://www.govinfo.gov/content/pkg/BILLS-113hr2145ih/xml/BILLS-113hr2145ih.xml |
113-hr-2146 | I 113th CONGRESS 1st Session H. R. 2146 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Capuano (for himself, Mr. King of New York , Ms. Moore , Mrs. McCarthy of New York , Mrs. Beatty , Ms. Sinema , Mr. Meeks , Ms. Waters , Mr. McGovern , Mr. Heck of Washington , Mr. Kennedy , Mr. Markey , Mr. Watt , Mr. Hinojosa , Mr. Rangel , Mr. Nadler , Mr. Keating , Mr. Clay , Mr. Carson of Indiana , Mr. Lynch , and Ms. Meng ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To extend the Terrorism Risk Insurance Program of the Department of the Treasury for 10 years.
1. Short title This Act may be cited as the Terrorism Risk Insurance Program Reauthorization Act of 2013 . 2. 10-year extension of Terrorism Risk Insurance Program (a) Termination date Section 108(a) of the Terrorism Risk Insurance Act of 2002 ( 15 U.S.C. 6701 note) is amended by striking 2014 and inserting 2024 . (b) Additional program years Section 102(11)(G) of the Terrorism Risk Insurance Act of 2002 ( 15 U.S.C. 6701 note) is amended by striking 2014 and inserting 2024 . (c) Timing of mandatory recoupment Section 103(e)(7)(E)(i)(III) of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended by striking 2017 and inserting 2027 . (d) Ongoing reports regarding market conditions for terrorism risk insurance Section 108(e)(2) of the Terrorism Risk Insurance Act of 2002 ( 15 U.S.C. 6701 note) is amended by striking and 2013 and inserting , 2013, 2017, 2020, and 2023 . | https://www.govinfo.gov/content/pkg/BILLS-113hr2146ih/xml/BILLS-113hr2146ih.xml |
113-hr-2147 | I 113th CONGRESS 1st Session H. R. 2147 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Carson of Indiana introduced the following bill; which was referred to the Committee on Agriculture A BILL To provide grants to enhance the most effective freezing methods to improve access to affordable and locally produced specialty crops.
1. Short title This Act may be cited as the Preserving Healthy Food for the Hungry Act . 2. Quick freeze and flash freeze local produce grants (a) In general Section 231 of the Agricultural Risk Protection Act of 2000 ( 7 U.S.C. 1632a ) is amended— (1) in subsection (b)(7)(B), by inserting and subsection (f) after subsection ; (2) in subsection (e)(2), by inserting , except pursuant to subsection (f) before the period; and (3) by adding at the end the following: (f) Quick freeze and flash freeze local produce grants (1) In general Subject to the availability of appropriations to carry out this section, the Secretary shall make grants to institutions eligible to receive funds under the Act of July 2, 1862 (12 Stat. 503–505, as amended; 7 U.S.C. 301–305 , 307 and 308), or the Act of August 30, 1890 (26 Stat. 417–419, as amended; 7 U.S.C. 321–326 and 328) that applies therefor, to assist persons in preserving the quality and shelf-life of fruit and vegetable crops produced by the persons on qualified land, through the use of mobile and fixed flash freezing and quick freezing units and other units utilizing freezing methods which produce the same result, in accordance with any applicable Federal, State, or local food safety law, regulation, or ordinance. (2) Definitions In this paragraph: (A) Qualified land The term qualified land means, with respect to a person, any plot of land owned or operated by the person, the annual gross sales from the specialty crops produced on which are not more than $249,000. (B) Specialty crop The term specialty crop has the meaning provided in section 3(1) of the Specialty Crops Competitiveness Act of 2004. . (b) Effective date The amendments made by subsection (a) shall take effect on the date that is 1 year after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr2147ih/xml/BILLS-113hr2147ih.xml |
113-hr-2148 | I 113th CONGRESS 1st Session H. R. 2148 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Carson of Indiana introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Office of National Drug Control Policy Reauthorization Act of 1998 to increase public awareness about the dangers of synthetic drugs through the national youth antidrug media campaign.
1. Short title This Act may be cited as the Synthetics are Dangerous Act of 2013 . 2. Findings The Congress finds as follows: (1) Synthetic drugs, sometimes referred to as designer drugs, are chemical compounds produced in clandestine laboratories to mimic or enhance the effects of schedule I controlled substances such as methamphetamine, ecstasy, and marijuana. (2) Given the lack of extensive medical research on many synthetic drugs and their various analogues, the full scope of their harmful effects is not well understood. (3) The circumstantial evidence of the harmful effects of synthetic drugs, particularly synthetic cannabinoids (such as K2 and spice ) and synthetic stimulants (such as bath salts ) are, nevertheless, alarming— (A) in 2010, more than 11,000 individuals were admitted into the emergency room from complications arising from synthetic drug use, and nearly 25 percent of those patients required further medical treatment; and (B) in 2011, the American Association of Poison Control Centers reported more than a two-fold increase in the number of calls related to synthetic marijuana from the previous year. (4) The harmful effects of ingesting synthetic drugs include but are not limited to agitation, anxiety, nausea, vomiting, tachycardia, elevated blood pressure, tremor, seizures, hallucinations, paranoid behavior, and nonresponsiveness. (5) Like all schedule I drugs, these synthetic drugs are drugs that have a high potential for abuse, have no medical use in the United States, and lack an accepted safe use. (6) The passage of the Synthetic Drug Abuse Prevention Act of 2012 was an important step in reducing the access of teens and young adults to dangerous and addictive synthetic drugs. (7) New synthetic drugs are being manufactured that contain chemical compounds not found on schedule I, as set forth in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)), that nevertheless mimic or enhance the effects of controlled substances like methamphetamine, marijuana, ecstasy, and LSD. (8) Hundreds, potentially thousands, of teens and young adults will be admitted into emergency rooms around the country from complications caused by the ingestion of the next breed of harmful, synthetic drugs. (9) It is the sense of the Congress that there is an urgent need, particularly among teens, young adults, and parents, to raise awareness about the dangers of these new synthetic drugs. 3. Increasing public awareness of dangers of synthetic drugs through national youth antidrug media campaign Section 709 of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1708) is amended— (1) in subsection (a)(3), by inserting and synthetic drug use after illegal drug use ; and (2) by redesignating subsection (l) as subsection (m) and inserting after subsection (k) the following new subsection: (l) Definitions For purposes of this section: (1) Drug The term drug has the meaning given such term in section 702(3) and includes a synthetic drug. (2) Synthetic drug The term synthetic drug means an artificially produced substance that, as determined by the Director, is an analog or derivative of a controlled substance (as defined in section 102(6) of the Controlled Substances Act ( 21 U.S.C. 802(6) ), but is not itself a controlled substance. . | https://www.govinfo.gov/content/pkg/BILLS-113hr2148ih/xml/BILLS-113hr2148ih.xml |
113-hr-2149 | I 113th CONGRESS 1st Session H. R. 2149 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Conyers (for himself and Mr. Buchanan ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committees on Education and the Workforce 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 provide for the issuance and sale of a semipostal by the United States Postal Service to support effective programs targeted at improving permanency outcomes for youth in foster care.
1. Short title This Act may be cited as the Families for Foster Youth Stamp Act of 2013 . 2. Families for foster youth semipostal (a) In general In order to increase funding for effective programs targeted at improving permanency outcomes for youth in foster care, the United States Postal Service shall, for a period of not less than 4 years, provide for the issuance and sale of a semipostal, in accordance with section 416 of title 39, United States Code. (b) Disposition of amounts (1) Adoption Opportunities Program Fifty percent of any amounts becoming available from the sale of the semipostal under this Act shall be transferred to the Secretary of Health and Human Services for programs and activities authorized under section 203 of the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 ( 42 U.S.C. 5113 ) that specifically target improvement in permanency outcomes for youth in foster care through adoption, guardianship, or kinship care. (2) State Court Improvement Program Fifty percent of any amounts becoming available from the sale of the semipostal under this Act shall be transferred to the Secretary of Health and Human Services for programs and activities authorized under section 438 of the Social Security Act (42 U.S.C. 629h). (c) Definition In this Act, the term semipostal has the meaning given that term in section 416 of title 39, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-113hr2149ih/xml/BILLS-113hr2149ih.xml |
113-hr-2150 | I 113th CONGRESS 1st Session H. R. 2150 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Cook (for himself, Mr. Flores , Mr. Denham , Mr. Calvert , Mr. Hunter , Mr. Williams , Mrs. Negrete McLeod , 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 provide for a five-year extension to the homeless veterans reintegration programs.
1. Short title This Act may be cited as the Homeless Veterans’ Reintegration Programs Reauthorization Act of 2013 . 2. Five-year extension of homeless veterans reintegration programs Section 2021(e)(F) of title 38, United States Code, is amended by striking 2013 and inserting 2018 . | https://www.govinfo.gov/content/pkg/BILLS-113hr2150ih/xml/BILLS-113hr2150ih.xml |
113-hr-2151 | I 113th CONGRESS 1st Session H. R. 2151 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. DeFazio (for himself, Mr. Michaud , 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 individuals who are pursuing programs of rehabilitation, education, or training under laws administered by the Secretary of Veterans Affairs to receive work-study allowances for certain outreach services provided through congressional offices, and for other purposes.
1. Expansion of work-study allowance to include certain outreach services conducted through congressional offices Section 3485(a)(4) of title 38, United States Code, is amended by adding at the end the following new subparagraph: (K) The following activities carried out at the offices of Members of Congress for such Members: (i) The distribution of information to members of the Armed Forces, veterans, and their dependents about the benefits and services under laws administered by the Secretary and other appropriate governmental and non-governmental programs. (ii) The preparation and processing of papers and other documents, including documents to assist in the preparation and presentation of claims for benefits under laws administered by the Secretary. . | https://www.govinfo.gov/content/pkg/BILLS-113hr2151ih/xml/BILLS-113hr2151ih.xml |
113-hr-2152 | I 113th CONGRESS 1st Session H. R. 2152 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Doyle introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To authorize the Secretary of Education to establish the National Program for Arts and Technology.
1. Short title This Act may be cited as the National Program for Arts and Technology Act of 2013 . 2. Finding and purposes (a) Finding Congress finds that the National Program for Arts and Technology established under this Act will be one of the first national replication programs in the United States dedicated to addressing the complex needs of the poor and undereducated by improving the sustainability of neighborhoods, communities, and regions. (b) Purposes It is the purpose of this Act to establish the National Program for Arts and Technology to provide competitive grants for qualified centers and interested communities to establish a qualified center that adopts the guidelines set forth by the Secretary, for the purposes of— (1) creating an institution within an environment of poverty where individuals feel and foster a sense of belonging, and are valued and treated with dignity; (2) creating professional jobs for instructors, trainers, artists, administrators, and others; (3) collaborating with Federal agencies, private industry, nonprofit philanthropic organizations, and planning and economic development organizations to leverage other investment dollars on behalf of all stakeholders; (4) assisting business and industry to achieve long-term vitality by ensuring the development of a trained and knowledgeable workforce; (5) coordinating with existing social service entities and nonprofit organizations on developing diverse and equitable communities; (6) developing industry specific job training programs for the under and unemployed that are both affordable and accessible; (7) bridging the gap between education and lifelong learning for poor performing students through the discipline of craftsmanship in the visual arts; and (8) developing complimentary extended day or year programming in partnership with the local public schools to help engage at-risk students by connecting classroom instruction with applied and experiential programming in the arts. 3. Definitions In this Act: (1) Center of Origin The term Center of Origin means Manchester Bidwell, nonprofit corporation, the education and community development model upon which the National Program for Arts and Technology is based. (2) Interested communities The term interested community means a community that does the following: (A) Demonstrates to the Secretary financial support from 1 or more of the following: (i) Sectors of government. (ii) Education. (iii) Philanthropy. (iv) Social services. (v) Corporations. (vi) Arts organizations. (B) Convenes an advisory committee comprised of diverse community stakeholders who are committed to creating a qualified center in their community. (C) Has identified potential funding that will be used to secure the Federal matching requirements described in section 4(c). (3) National Program for Arts and Technology The term National Program for Arts and Technology means a program that is based on the education and training model of Manchester Bidwell. (4) Qualified center The term qualified center means a private, nonprofit educational entity that complies with the following: (A) Operates under the guidelines and practices established by the National Program for Arts and Technology, in consultation with the Secretary, and— (i) provides education and training to underemployed or unemployed individuals in industry specific job skills; (ii) is accessible to communities and neighborhoods that have limited access to transportation; (iii) compliments the learning of targeted public middle school or high school students who are at-risk of dropping out of school; and (iv) is housed in a facility that has been reclaimed and renovated to sustainable building standards or newly constructed as a highly efficient green space. (B) Has a valid affiliation agreement with the Center of Origin and complies with the following: (i) Meets quarterly performance goals, which may include— (I) students’ school attendance and behavior; (II) retention in programming; (III) meeting and exceeding recruitment and enrollment metrics; (IV) student outcomes and performance in training; and (V) job placement. (ii) Adheres to essential operating conditions, including environment, targeted populations, and educational model. (iii) Participates in professional development opportunities for members of the board, executives, and staff. (5) Secretary The term Secretary means the Secretary of Education. 4. Grant program (a) Program authorized From the amounts appropriated to carry out this Act, the Secretary shall establish and implement the National Program for Arts and Technology to award grants, on a competitive basis, to qualified centers and interested communities to— (1) provide financial support to the centers and communities to establish a new qualified center to carry out the purposes described in section 2(b); and (2) provide management expertise to guide the centers and communities through the 3-phase replication protocol developed by the Center of Origin to ensure standardization across all qualified centers as to performance goals and objectives, operating culture, and teaching models. (b) Limitation on Use of funds Federal funds received under this Act may not be used for capital expenditures or endowment gifts. (c) Matching funds required To be eligible to receive a grant under this Act, a qualified center or interested community shall, for each fiscal year for which the grant is received, provide non-Federal contributions (which may include in-kind contributions) toward the amount of the grant in an amount equal to $1 for each $1 of Federal funds provided under the grant. (d) Application and annual report (1) Application (A) In general To be eligible to receive a grant under this Act, a qualified center or interested community shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (B) Content An application submitted under subparagraph (A) shall, at a minimum, contain— (i) a description of activities to be carried out under the grant; (ii) information on specific measurable goals and objectives to be achieved through activities carried out under the grant; (iii) evidence of an affiliation with a local community; and (iv) evidence of a teaching model consistent with the Secretary’s criteria prescribed pursuant to regulations. (2) Annual report (A) In general Each qualified center or interested community receiving a grant under this Act shall submit to the Secretary an annual report at such time, in such manner, and containing such information as the Secretary may require. (B) Content An annual report submitted under subparagraph (A) shall, at a minimum, describe the degree to which progress has been made toward meeting the specific measurable goals and objectives described in the applications submitted under paragraph (1). (e) Authorization of appropriations There is authorized to be appropriated $25,000,000 to carry out this Act for the period of fiscal years 2014 through 2018. | https://www.govinfo.gov/content/pkg/BILLS-113hr2152ih/xml/BILLS-113hr2152ih.xml |
113-hr-2153 | I 113th CONGRESS 1st Session H. R. 2153 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Doyle (for himself and Mr. Murphy of Pennsylvania ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to require the reporting of cases of infectious diseases at facilities of the Veterans Health Administration, and for other purposes.
1. Short title This Act may be cited as the Department of Veterans Affairs Disease Reporting and Oversight Act of 2013 . 2. Requirement that Veterans Health Administration report cases of infectious diseases at facilities of the Administration (a) In general Subchapter II of chapter 73 of title 38, United States Code, is amended by adding at the end the following new section: 7330B. Reporting of infectious diseases (a) Reporting (1) Except as provided in paragraph (2), not later than 24 hours after the director of a Veterans Integrated Service Network confirms the presence of a notifiable infectious disease at a facility under the jurisdiction of the director, the director shall submit notice of such presence to the following: (A) The Central Office of the Department. (B) The Director of the Centers for Disease Control and Prevention. (C) The State in which the facility is located and if the State has an agency or department that handles matters relating to such notifiable infectious disease, the head of such agency or department. (D) The county in which the facility is located and if the county has an agency or department that handles matters relating to such notifiable infectious disease, the head of such agency or department. (E) For each individual who has contracted the notifiable infectious disease at the facility or is at risk of contracting such notifiable infectious disease— (i) the individual and the individual's next of kin; (ii) the individual's primary health care provider; and (iii) the county in which the individual resides and if the county has an agency or department that handles matters relating to such notifiable infectious disease, the head of such agency or department. (F) Each employee of the Department who is employed at such facility. (2) If the State in which a facility described in paragraph (1) is located requires that a notifiable infectious disease confirmed at such facility be reported to the State more quickly than required under paragraph (1) or requires that a suspected presence of a notifiable infectious disease at such facility be reported before waiting for confirmation of such presence, the director concerned shall comply with such State requirement. (3) Not later than 24 hours after submitting a notice under paragraph (1), the director concerned shall confirm that such notice is received. (b) Notifiable infectious disease For purposes of this section, a notifiable infectious disease is any infectious disease that is— (1) on the list of nationally notifiable diseases published by the Council of State and Territorial Epidemiologists and the Centers for Disease Control and Prevention; or (2) covered by a provision of law of a State that requires the reporting of infectious diseases. (c) Plan To prevent spread (1) Not later than seven days after the director of a Veterans Integrated Service Network confirms the presence of a notifiable infectious disease at a facility under the jurisdiction of such director, the director shall develop and implement an action plan to manage and control the potential spread of the notifiable infectious disease. (2) The plan developed and implemented under paragraph (1) shall also provide details on the role of partnering Federal, State, and local government entities in the management and control of the potential spread of the notifiable infectious disease. (d) Record keeping The director of each Veterans Integrated Service Network shall keep records of each notice submitted under subsection (a)(1) for a period of not less than 10 years. (e) Annual reports by Inspector General Not less frequently than once each year, the Inspector General of the Department shall submit to Congress a report on the compliance of the directors of the Veterans Integrated Service Networks with the requirements of this section. (f) Enforcement and disciplinary action (1) In any case in which the Inspector General of the Department suspects that a director of a Veterans Integrated Service Network has failed to comply with an applicable provision of this section, the Inspector General shall conduct an investigation to determine whether such director failed to comply with an applicable provision of this section. (2) If the Inspector General determines under paragraph (1) that a director has failed to comply with a provision of this section, the Secretary shall suspend such director for such period as the Secretary considers appropriate under subchapter I or subchapter II of chapter 75 of title 5, as the case may be. (3) Paragraph (2) shall not be construed to prevent the Secretary from imposing, in addition to suspension under paragraph (2), such other disciplinary action on the director as the Secretary considers appropriate and for which the Secretary is otherwise authorized. . (b) Internal communication Not later than 180 days after the date of the enactment of this Act, the Under Secretary for Health of the Veterans Health Administration shall issue a directive to the Pathology Team, the Infection Prevention Team, and the Facilities Management Team of the Veterans Health Administration and such other groups within the Administration as the Under Secretary considers appropriate on the actions that should be taken in any case in which a notifiable infectious disease (as such term is used in section 7330B of title 38, United States Code, as added by subsection (a)) is discovered in a facility of the Veterans Health Administration. (c) Clerical amendment The table of sections at the beginning of chapter 73 of such title is amended by inserting after the item relating to section 7330A the following new item: 7330B. Reporting of infectious diseases. . | https://www.govinfo.gov/content/pkg/BILLS-113hr2153ih/xml/BILLS-113hr2153ih.xml |
113-hr-2154 | I 113th CONGRESS 1st Session H. R. 2154 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Duncan of Tennessee (for himself, Mr. Lipinski , Mr. Roe of Tennessee , and Mr. Harper ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To mandate the monthly formulation and publication of a consumer price index specifically for senior citizens for the purpose of establishing an accurate Social Security COLA for such citizens.
1. Short title This Act may be cited as the CPI for Seniors Act of 2013 . 2. Findings The Congress finds the following: (1) Each year the Bureau of Labor Statistics of the Department of Labor prepares and publishes consumer price indices (the most notable being the Consumer Price Index or CPI ) that measure the rate of inflation in the economy of the United States. (2) A derivative of the CPI is used to determine an annual cost-of-living adjustment (hereinafter referred to as COLA ) for millions of senior citizens (individuals aged 62 and over) who depend on their respective Social Security benefits. (3) The Social Security COLA is calculated using the Consumer Price Index for Urban Wage Earners and Clerical Workers (hereinafter referred to as CPI–W ), a subset of the population covered by the Consumer Price Index for All Urban Consumers (hereinafter referred to as CPI–U ). (4) While the experimental Consumer Price Index for Americans 62 Years of Age and Older (hereinafter referred to as CPI–E ) is a more accurate measure of the average price of consumer goods and services purchased by senior citizens than the CPI–W, it too is derived from the CPI–U. (5) According to numerous credible authorities, the present methods (CPI–U, CPI–W, and CPI–E to a lesser extent) used to measure inflation are flawed and deficient in measuring the average price of consumer goods and services purchased by senior citizens, and the overall impact of inflation on such citizens. (6) The present sampling regarding senior citizens is too small under the methods referred to in paragraph (5), creating an opportunity for sampling error. (7) Prices used under the methods referred to in paragraph (5) are based on geographic areas, retail outlets, and sample items used and purchased by younger consumers and are not necessarily representative of the geographic areas, retail outlets, and sample items used and purchased by senior citizens. (8) The locations used under the methods referred to in paragraph (5) are urban locations that do not reflect the economic challenges faced in rural communities, which often have a far larger demographic segment of senior citizens. (9) Senior citizens neither have the flexibility or the ability that younger consumers have to substitute necessary purchases in response to changes in prices, nor the same options as younger consumers have to supplement their income. (10) Premium increases for part B of Medicare, part D of Medicare, and other health care costs affecting senior citizens are not adequately considered under the methods referred to in paragraph (5). (11) The cost of taxes on Social Security income is not considered under the methods referred to in paragraph (5), thus putting senior citizens at a greater economic disadvantage each year. 3. Mandate the monthly formulation and publication of a consumer price index for seniors (a) Establishment of new CPI The Bureau of Labor Statistics of the Department of Labor shall prepare and publish an index monthly to be known as the Consumer Price Index for Seniors (hereinafter referred to as CPI–S ) that indicates monthly changes in expenditures for consumption that are typical for individuals in the United States who are 62 years of age or older. (b) Submittal to Congress The Bureau of Labor Statistics of the Department of Labor shall submit to the Joint Economic Committee a description of the actions taken by such Bureau to meet the requirements of this section not later than 6 months after the date of enactment of this Act, and semi-annually thereafter. (c) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out the provisions of this section. | https://www.govinfo.gov/content/pkg/BILLS-113hr2154ih/xml/BILLS-113hr2154ih.xml |