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113-hr-2155

I 113th CONGRESS 1st Session H. R. 2155 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Fattah (for himself and Mr. Hinojosa ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To award grants in order to establish longitudinal personal college readiness and savings online platforms for low-income students. 1. Short title This Act may be cited as the American Dream Accounts Act of 2013 . 2. Findings Congress finds the following: (1) Only 9.8 out of every 100 individuals from low-income families will graduate from an institution of higher education before reaching the age of 24. (2) Lack of knowledge about how to apply to, and pay for, an institution of higher education is a barrier for many low-income students and students who would be in the first generation in their families to attend an institution of higher education. (3) According to Public Agenda, most young adults give secondary school counselors fair or poor ratings for advice about attending an institution of higher education, including advice about how to decide what institution of higher education to attend, how to pay for higher education, what careers to pursue, and how to apply to an institution of higher education. (4) More than 1,700,000 students fail to file the Free Application for Federal Student Aid (FAFSA), and about one-third of such students would qualify for a Federal Pell Grant. (5) During the last 2 decades, costs of attending institutions of higher education have increased dramatically, but need-based financial aid has not kept pace with such increasing costs. (6) In the 1990–1991 school year, the maximum Federal Pell Grant covered 45 percent of the average cost of attendance at a public 4-year institution of higher education (including tuition, fees, room, and board), but in the 2010–2011 school year, the maximum Federal Pell Grant covered only 34 percent of such cost. (7) Parental and youth college savings are strong predictors of a youth’s expectations about attendance at an institution of higher education. (8) Only 32 percent of parents who earn less than $35,000 a year are saving for their child’s education at an institution of higher education. (9) According to the Center for Social Development, “wilt” occurs when a young person who expects to graduate from a 4-year institution of higher education has not yet attended such institution by the ages of 19 to 22. (10) Children who have savings dedicated for attendance at an institution of higher education are 4 times more likely to attend a 4-year institution of higher education and avoid wilt . 3. Definitions In this Act: (1) ESEA Definitions The terms local educational agency , parent , State educational agency , and Secretary shall have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ) and the term charter school shall have the meaning given the term in section 5210 of such Act. (2) American Dream Account The term American Dream Account means a personal online account for low-income students that monitors higher education readiness and includes a college savings account. (3) Appropriate Committees of Congress The term appropriate committees of Congress means the Committee on Health, Education, Labor, and Pensions, the Committee on Appropriations, and the Committee on Finance of the Senate, and the Committee on Education and the Workforce, the Committee on Appropriations, and the Committee on Ways and Means of the House of Representatives, as well as any other Committee of the Senate or House of Representatives that the Secretary determines appropriate. (4) College Savings Account The term college savings account means a savings account that— (A) provides some tax-preferred accumulation; (B) is widely available (such as Qualified Tuition Programs under section 529 of the Internal Revenue Code of 1986 or Coverdell Education Savings Accounts under section 530 of the Internal Revenue Code of 1986); and (C) contains funds that may be used only for the costs associated with attending an institution of higher education, including— (i) tuition and fees; (ii) room and board; (iii) textbooks; (iv) supplies and equipment; and (v) Internet access. (5) Dual Enrollment Program The term dual enrollment program means an academic program through which a secondary school student is able simultaneously to earn credit toward a secondary school diploma and a postsecondary degree or credential. (6) Eligible Entity The term eligible entity means— (A) a State educational agency; (B) a local educational agency; (C) a charter school; (D) a charter management organization; (E) an institution of higher education; (F) a nonprofit organization; (G) an entity with demonstrated experience in educational savings or in assisting low-income students to prepare for, and attend, an institution of higher education; or (H) a consortium of 2 or more of the entities described in subparagraphs (A) through (G). (7) Institution of Higher Education The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (8) Low-income student The term low-income student means a student who is eligible to receive a free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ). 4. Grant Program (a) Program Authorized The Secretary is authorized to award grants, on a competitive basis, to eligible entities to enable such eligible entities to establish and administer American Dream Accounts for a group of low-income students. (b) Reservation From the amount appropriated each fiscal year to carry out this Act, the Secretary shall reserve not more than 5 percent of such amount to carry out the evaluation activities described in section 7(a). (c) Duration A grant awarded under this Act shall be for a period of not more than 3 years. The Secretary may extend such grant for an additional 2-year period if the Secretary determines that the eligible entity has demonstrated significant progress, based on the factors described in section 5(b)(11). 5. Applications; Priority (a) In General Each eligible entity desiring a grant under this Act shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (b) Contents At a minimum, the application described in subsection (a) shall include the following: (1) A description of the characteristics of a group of not less than 30 low-income public school students who— (A) are, at the time of the application, attending a grade not higher than grade 9; and (B) will, under the grant, receive an American Dream Account. (2) A description of how the eligible entity will engage, and provide support (such as tutoring and mentoring for students, and training for teachers and other stakeholders) either online or in person, to— (A) the students in the group described in paragraph (1); (B) the family members and teachers of such students; and (C) other stakeholders such as school administrators and school counselors. (3) An identification of partners who will assist the eligible entity in establishing and sustaining American Dream Accounts. (4) A description of what experience the eligible entity or the eligible entity's partners have in managing college savings accounts, preparing low-income students for postsecondary education, managing online systems, and teaching financial literacy. (5) A demonstration that the eligible entity has sufficient resources to provide an initial deposit into the college savings account portion of each American Dream Account. (6) A description of how the eligible entity will help increase the value of the college savings account portion of each American Dream Account, such as by providing matching funds or incentives for academic achievement. (7) A description of how the eligible entity will notify each participating student in the group described in paragraph (1), on a semiannual basis, of the current balance and status of the student’s college savings account portion of the student’s American Dream Account. (8) A plan that describes how the eligible entity will monitor participating students in the group described in paragraph (1) to ensure that each student's American Dream Account will be maintained if a student in such group changes schools before graduating from secondary school. (9) A plan that describes how the American Dream Accounts will be managed for not less than 1 year after a majority of the students in the group described in paragraph (1) graduate from secondary school. (10) A description of how the eligible entity will encourage students in the group described in paragraph (1) who fail to graduate from secondary school to continue their education. (11) A description of how the eligible entity will evaluate the grant program, including by collecting, as applicable, the following data about the students in the group described in paragraph (1) during the grant period, and, if sufficient grant funds are available, after the grant period: (A) Attendance rates. (B) Progress reports. (C) Grades and course selections. (D) The student graduation rate, as defined in section 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(2)(C)(vi) ). (E) Rates of student completion of the Free Application for Federal Student Aid described in section 483 of the Higher Education Act of 1965 ( 20 U.S.C. 1090 ). (F) Rates of enrollment in an institution of higher education. (G) Rates of completion at an institution of higher education. (12) A description of what will happen to the funds in the college savings account portion of the American Dream Accounts that are dedicated to participating students described in paragraph (1) who have not matriculated at an institution of higher education at the time of the conclusion of the period of American Dream Account management described in paragraph (9). (13) A description of how the eligible entity will ensure that funds in the college savings account portion of the American Dream Accounts will not make families ineligible for public assistance. (14) A description of how the eligible entity will ensure that participating students described in paragraph (1) will have access to the Internet. (c) Priority In awarding grants under this Act, the Secretary shall give priority to applications from eligible entities that— (1) are described in section 3(6)(H); (2) serve the largest number of low-income students; or (3) in the case of an eligible entity described in subparagraphs (A) or (B) of section 3(6), provide opportunities for participating students described in paragraph (1) to participate in a dual enrollment program at no cost to the student. 6. Authorized Activities (a) In general An eligible entity that receives a grant under this Act shall use such grant funds to establish an American Dream Account for each participating student described in section 5(b)(1), which will be used to— (1) open a college savings account for such student; (2) monitor the progress of such student online, which— (A) shall include monitoring student data relating to— (i) grades and course selections; (ii) progress reports; and (iii) attendance and disciplinary records; and (B) may also include monitoring student data relating to a broad range of information, provided by teachers and family members, related to postsecondary education readiness, access, and completion; (3) provide opportunities for such students, either online or in person, to learn about financial literacy, including by— (A) assisting such students in financial planning for enrollment in an institution of higher education; and (B) assisting such students in identifying and applying for financial aid (such as loans, grants, and scholarships) for an institution of higher education; (4) provide opportunities for such students, either online or in person, to learn about preparing for enrollment in an institution of higher education, including by providing instruction to students about— (A) choosing the appropriate courses to prepare for postsecondary education; (B) applying to an institution of higher education; (C) building a student portfolio, which may be used when applying to an institution of higher education; (D) selecting an institution of higher education; (E) choosing a major for the student's postsecondary program of education or a career path; and (F) adapting to life at an institution of higher education; and (5) provide opportunities for such students, either online or in person, to identify skills or interests, including career interests. (b) Access to American Dream Account (1) In General Subject to paragraphs (3) and (4), and in accordance with applicable Federal laws and regulations relating to privacy of information and the privacy of children, an eligible entity that receives a grant under this Act shall allow vested stakeholders, as described in paragraph (2), to have secure access, through the Internet, to an American Dream Account. (2) Vested Stakeholders The vested stakeholders that an eligible entity shall permit to access an American Dream Account are individuals (such as the student's teachers, school counselors, counselors at an institution of higher education, school administrators, or other individuals) that are designated, in accordance with the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g), by the parent of a participating student in whose name such American Dream Account is held, as having permission to access the account. A student's parent may withdraw such designation from an individual at any time. (3) Exception for College Savings Account An eligible entity that receives a grant under this Act shall not be required to give vested stakeholders, as described in paragraph (2), access to the college savings account portion of a student's American Dream Account. (4) Adult Students Notwithstanding paragraphs (1), (2), and (3), if a participating student is age 18 or older, an eligible entity that receives a grant under this Act shall not provide access to such participating student's American Dream Account without the student's consent, in accordance with the Family Educational Rights and Privacy Act of 1974 ( 20 U.S.C. 1232g ). (5) Input of Student Information Student data collected pursuant to subsection (a)(2)(A) shall be entered into an American Dream Account only by a school administrator or such administrator's designee. (c) Prohibition on use of student information An eligible entity that receives a grant under this Act shall not use any student-level information or data for the purpose of soliciting, advertising, or marketing any financial or non-financial consumer product or service that is offered by such eligible entity, or on behalf of any other person. (d) Prohibition on the use of grant funds An eligible entity shall not use grant funds provided under this Act to provide the initial deposit into a college savings account portion of a student's American Dream Account. 7. Reports and Evaluations (a) In general Not later than 1 year after the Secretary has disbursed grants under this Act, and annually thereafter until each grant disbursed under section 4 has ended, the Secretary shall prepare and submit a report to the appropriate committees of Congress, which shall include an evaluation of the effectiveness of the grant program established under this Act. (b) Contents The report described in subsection (a) shall— (1) list the grants that have been awarded under section 4(a); (2) include the number of students who have an American Dream Account established through a grant awarded under section 4(a); (3) provide data (including the interest accrued on college savings accounts that are part of an American Dream Account) in the aggregate, regarding students who have an American Dream Account established through a grant awarded under section 4(a), as compared to similarly situated students who do not have an American Dream Account; (4) identify best practices developed by the eligible entities receiving grants under this Act; (5) identify any issues related to student privacy and stakeholder accessibility to American Dream Accounts; (6) provide feedback from participating students and the parents of such students about the grant program, including— (A) the impact of the program; (B) aspects of the program that are successful; (C) aspects of the program that are not successful; and (D) any other data required by the Secretary; and (7) provide recommendations for expanding the American Dream Accounts program. 8. Eligibility to receive Federal student financial aid Notwithstanding any other provision of law, any funds that are in the college savings account portion of a student's American Dream Account shall not affect such student's eligibility to receive Federal student financial aid, including any Federal student financial aid under the Higher Education Act of 1965 ( 20 U.S.C. 1001 ), and shall not be considered in determining the amount of any such Federal student aid. 9. Authorization of Appropriations There are authorized to be appropriated to carry out this Act $3,000,000 for fiscal year 2013, from existing Department of Education funds, and such sums as may be necessary for each subsequent fiscal year. 10. Conforming Amendment Section 480(j) of the Higher Education Act of 1965 ( 20 U.S.C. 1087vv(j) ) is amended by adding at the end the following: (5) Notwithstanding paragraph (1), amounts made available under the college savings account portion of an American Dream Account under the American Dream Accounts Act of 2013 shall not be treated as estimated financial assistance for purposes of section 471(3). .

https://www.govinfo.gov/content/pkg/BILLS-113hr2155ih/xml/BILLS-113hr2155ih.xml

113-hr-2156

I 113th CONGRESS 1st Session H. R. 2156 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Fincher (for himself, Mrs. Blackburn , and Mr. Tiberi ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To encourage uniformity and reciprocity among States that license insurance claims adjusters and to facilitate prompt and efficient adjusting of insurance claims in the case of natural and other disasters and losses, and for other purposes. 1. Short title This Act may be cited as the Claims Licensing Advancement for Interstate Matters Act or the CLAIM Act . 2. Model licensing act To promote the policy of robust consumer protection for and more efficient interstate adjusting of property, casualty, disability, or workers’ compensation claims, the Congress hereby urges the National Association of Insurance Commissioners to adopt a model independent claims adjuster licensing Act that— (1) contains basic standards for the integrity, personal qualifications, education, training, and experience required of independent claims adjusters, including continuing education requirements and ethics course requirements; and (2) does not impose any limitation or condition upon any independent claims adjuster to be licensed or otherwise authorized to do business in a State because of his or her status as a non-resident of that State. 3. Multi-State examination (a) Establishment The Congress hereby urges the NAIC to adopt and administer a multi-State examination for an independent claims adjuster seeking to adjust claims in a jurisdiction other than his or her home State. (b) Examinee eligibility The NAIC may require that, as a condition for taking a multi-State examination administered pursuant to this section, the examinee shall— (1) be duly licensed as an independent claims adjuster by his or her home State; (2) meet such integrity, degree, training, and experience requirements as the NAIC considers necessary; and (3) meet any continuing education requirements as established by his or her home State. (c) Cross-Jurisdiction competency Any multi-State examination administered pursuant to this section shall require adjusters to demonstrate essential competence with cross-jurisdictional legal and regulatory concepts, and shall include such ethics and other testing as the NAIC deems necessary. 4. State authorities Nothing in this Act shall be construed to— (1) require a State that does not have licensing requirements for independent claims adjusters to adopt any such requirements; (2) subject to section 6, limit the right of a State to establish licensing fees or enforce its laws regarding the adjusting of insurance claims, provided that such fee is uniform regardless of the State of residence of the licensee; or (3) affect the jurisdiction and authority of a State insurance regulator to prescribe and enforce its insurance laws, rules, and regulations regulating independent claims adjuster activity in its jurisdiction. 5. Interstate claims adjusting licensing reforms (a) In general A State is in compliance with the requirements of this subsection, and section 6 shall not apply with respect to such State, if before the expiration of the 4-year period beginning on the date of the enactment of this Act the State has enacted and has in effect— (1) in the case only of a State that requires and issues licenses for independent claims adjusters, laws and regulations governing individuals and entities authorized to operate as independent claims adjusters within the State that are functionally equivalent in meaning and effect to those under any model act developed pursuant to section 2; and (2) laws and regulations governing non-home State individuals and entities operating as independent claims adjusters within that State that provide for the reciprocity required under subsection (c) with other States. (b) Uniformity requirements A State that licenses independent claims adjusters shall be deemed to have established the uniformity referred to in subsection (a)(1) if it has enacted and adheres to criteria for the licensing and authorization of adjusters that are functionally equivalent in meaning and effect to those set forth in a model act established pursuant to section 2. (c) Reciprocity requirements The laws and regulations of a certain State shall be considered to provide for the reciprocity required under this subsection only if such laws and regulations— (1) do not require licensure of independent claims adjusters; or (2) permit any independent claims adjuster who has a license in another State that is the adjuster’s home State to obtain authorization to engage in the business of adjusting in such certain State as a non-resident to the same extent that such adjuster is permitted to practice in the adjuster’s home State, without satisfying any additional requirements other than, if required under applicable law, to submit— (A) proof of being licensed in good standing in the adjuster’s home State; Provided , That such home State has enacted laws and regulations governing individuals and entities authorized to operate as independent claims adjusters within such home State that are functionally equivalent in meaning and effect to those under any model act developed pursuant to section 2; and (B) payment of any requisite fee to the appropriate authority of the certain State; Provided , That the amount of such fee does not exceed any fee required to be paid by an adjuster whose home State is such certain State. (d) NAIC determination (1) Determination A State shall be considered to be in compliance with subsection (a) for purposes of this Act if the NAIC determines that, before the expiration of the 4-year period beginning on the date of enactment of this Act, the State is in compliance with the requirements under such subsection. (2) Continued review With respect to any State that the NAIC has determined to be in compliance with the requirements of subsection (a), the Congress hereby urges NAIC to continue to review and determine such State’s compliance with the requirements of subsection (a) on an annual basis. If the NAIC determines at any time that a State no longer is in compliance with the requirements of subsection (a), section 6 shall apply with respect to such State. (3) Judicial review The appropriate United States District Court shall have exclusive jurisdiction over any challenge arising under this section. The court shall apply the standards set forth in section 706 of title 5, United States Code, in reviewing any such challenge. 6. Authority for interstate claims adjusting (a) Authority In the case of any State that requires and issues licenses for independent claims adjusters but is not in compliance with section 5(a), after the expiration of the 4-year period beginning on the date of the enactment of this Act, an independent claims adjuster and the adjuster’s employer may ascertain, determine, negotiate, or settle a claim in such State, but only if the adjuster meets the following requirements: (1) The independent claims adjuster holds a valid such license in his or her home State. (2) If the NAIC has established and administers a multi-State examination pursuant to section 3, the adjuster has passed such examination. (b) Prohibition of additional State requirements An independent claims adjuster authorized under subsection (a) to investigate, evaluate, negotiate the resolution of a claim in a State that is not in compliance with section 5 shall not be subject to any additional licensure or other requirements from such State in order to adjust claims and otherwise act as an independent claims adjuster in such State. 7. Accelerating claims adjusting of losses caused by natural or other disasters (a) Authority to adjust An independent claims adjuster meeting the requirements of subsection (b) may adjust claims for losses related to any natural or other disaster, occurring in any jurisdiction, that has been designated by the President as a major disaster pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ) notwithstanding the licensure requirements of the State in which the disaster area for the major disaster is located and notwithstanding the requirements under section 6 of this Act for interstate claims licensing. (b) Adjuster requirements The requirements under this subsection with respect to an independent claims adjuster are as follows: (1) State license The adjuster holds a valid license as an independent claims adjuster in his or her home State (whether actual or designated, pursuant to section 8(a)(1)). (2) Multi-state examination If the NAIC has adopted and administers a multi-State examination pursuant to section 3, the adjuster has passed such an examination. 8. Definitions For purposes of this Act, the following definitions shall apply: (1) Home State (A) Actual The term home State means, with respect to an independent claims adjuster, the State in which the adjuster maintains his, her, or its principal place of residence or business and is licensed as an independent claims adjuster. (B) Designated If the State in which an independent claims adjuster maintains his or her principal place of residence or business does not issue an independent claims adjuster license for the line or lines of authority sought, such term means any other State in which the independent claims adjuster is so licensed and that is designated by such adjuster as his or her home State. (2) Independent claims adjuster The term independent claims adjuster means an individual, other than a public adjuster, who undertakes on behalf of insurers or self-insurers to investigate, evaluate, and negotiate the resolution of the amount of a property, casualty, disability, or workers’ compensation claim, loss, or damage on behalf of an insurance policy or insurer or as a third-party on behalf of a self-insurer. Such term includes company or staff adjusters, who are individuals, other than a public adjuster, employed by property casualty insurers and undertake to investigate, evaluate, and negotiate the resolution of a property, casualty, disability, or workers’ compensation claim, loss, or damage on behalf of an insurance policy or insurer. (3) Naic The term NAIC means the National Association of Insurance Commissioners. (4) Public adjuster The term public adjuster means any person who, for compensation or any other thing of value, on behalf of the insured acts, aids, advertises, or solicits business to ascertain, determine, negotiate, or settle the amount of a claim, loss, or damage, solely in relation to first party claims arising under contracts that insure the real or personal property of the insured. (5) State The term State means the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, and any other territory or possession of the United States. (6) State law The term State law includes all laws, decisions, rules, regulations, or other State action of any State having the effect of law; and a law of the United States applicable only to the District of Columbia shall be treated as a State law rather than as a law of the United States.

https://www.govinfo.gov/content/pkg/BILLS-113hr2156ih/xml/BILLS-113hr2156ih.xml

113-hr-2157

I 113th CONGRESS 1st Session H. R. 2157 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Fitzpatrick (for himself and Mr. Visclosky ) 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 authorize the ground burial at Arlington National Cemetery of members of the United States Army who served honorably in the Tomb of the Unknown Soldier platoon, Third Infantry Regiment (Old Guard), United States Army. 1. Burial of deceased former members of the Tomb Guard Platoon at Arlington National Cemetery Section 4722(a) of title 10, United States Code, is amended by adding at the end the following new paragraph: (3) (A) Subject to section 985(b) of this title, an individual who served as a Tomb Guard described in subparagraph (B) is eligible for interment of casketed remains or cremated remains at Arlington National Cemetery. (B) Subparagraph (A) applies with respect to an individual who— (i) served honorably in the Army; (ii) served at the Tomb of the Unknown Soldier as a Tomb Guard; and (iii) was awarded the Tomb Guard Identification Badge or a certificate of participation if service occurred prior to the introduction of the badge. (C) Subparagraph (A) shall not apply to an individual otherwise described in subparagraph (B) whose Tomb Guard Identification Badge or certificate was revoked before the burial of the individual. (D) The Society of the Honor Guard, Tomb of the Unknown Soldier, shall be responsible for verifying the eligibility requirements specified in subparagraph (B). .

https://www.govinfo.gov/content/pkg/BILLS-113hr2157ih/xml/BILLS-113hr2157ih.xml

113-hr-2158

I 113th CONGRESS 1st Session H. R. 2158 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Fleming introduced the following bill; which was referred to the Committee on Natural Resources A BILL To exempt from the Lacey Act Amendments of 1981 the expedited removal from the United States of certain snake species, and for other purposes. 1. Short title This Act may be cited as the Expedited Departure of Certain Snake Species Act . 2. Compliance with Lacey Act (a) In general For purposes of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3371 et seq. ), a qualified stop of a covered snake shall not be treated as occurring in interstate commerce. (b) Definitions In this section: (1) Covered snake The term covered snake means any— (A) Burmese python (Python molurus bivittatus ); (B) Indian python ( Python molurus molurus) ; (C) Northern African python (Python sebae) ; (D) Southern African python (Python natalensis) ; and (E) Yellow anaconda (Eunectes notaeus) . (2) Designated airport The term designated airport means an airport located at a designated port as defined by the United States Fish and Wildlife Service under section 14.12 of title 50, Code of Federal Regulations. (3) Qualified stop The term qualified stop — (A) except as provided in subparagraph (C), means any intermediate stop in an airport of a covered snake in a secure container in the course of transport of such snake that— (i) begins in a designated airport; and (ii) ends at a place outside of the United States not later than 48 hours after such transport begins; (B) may include— (i) such a stop at an airport that is not a designated airport, to refuel or take on additional cargo or passengers; or (ii) transfer of the secure container in an airport between aircraft used for such transport outside of the United States; and (C) does not include any stop in Hawaii.

https://www.govinfo.gov/content/pkg/BILLS-113hr2158ih/xml/BILLS-113hr2158ih.xml

113-hr-2159

I 113th CONGRESS 1st Session H. R. 2159 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Foster (for himself, Mr. Courtney , Mrs. Carolyn B. Maloney of New York , Ms. Esty , Mr. Ryan of Ohio , Ms. Eshoo , Mr. Langevin , Mr. Kennedy , Mrs. Negrete McLeod , and Mr. McGovern ) 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 direct the Secretary of Education to carry out a STEM grant program. 1. Short title This Act may be cited as the 21st Century STEM Competitive Jobs Act . 2. Findings Congress finds the following: (1) The Harvard Graduate School of Education’s report Pathways to Prosperity cites research that shows employers across the country continue to see that young adults are not equipped with the skills and work experience needed to succeed in the 21st century workforce. In addition, research shows that courses that include a vocational or work-based component best prepare students to succeed in the workplace. (2) Numerous reports by national advisory groups, including the President's Council of Advisors on Science and Technology and National Academies' committees, have highlighted the need to raise student achievement in STEM fields to enable the United States to maintain its competitive edge in the global economy. (3) Nearly all of the top 30 fastest growing occupations require science, technology, engineering, or mathematics skills, according to the Bureau of Labor Statistics. (4) Recent standardized tests show United States students' mathematics and science performance is only average or below average compared with their international peers. American students placed 25th in mathematics and 17th in science out of 34 Organisation for Economic Co-operation and Development countries in the 2009 Program for International Student Assessment. (5) Too few American students graduate from high school with the interest and the preparation to successfully pursue STEM degrees in college. Well over half of college students in China and Japan major in STEM fields, compared with only a third of students in America. 3. Amendments to the ESEA (a) Title IV Title IV of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7101 et seq. ) is amended by adding at the end the following: D STEM grant program 4401. Grant program (a) In general From the amounts appropriated under subsection (f), the Secretary shall award grants to local educational agencies to improve the education of students in science, technology, engineering, and mathematics (in this section referred to as STEM ) and prepare such students to pursue undergraduate and graduate degrees and careers in such fields. (b) Application To receive a grant under this section, a local educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, which shall include a description of— (1) the local, regional, or national employer in a STEM field with whom the local educational agency will partner or collaborate to carry out the required activities under subsection (c)(1)(A); and (2) the dual-credit courses the will be carried out with the grant under subsection (c)(1)(B). (c) Uses of funds A local educational agency receiving a grant under this section— (1) shall use such funds to— (A) partner or collaborate with the local, regional, or national employer described in the agency’s application under subsection (b) to— (i) assist students in being placed in internships or apprenticeships with such employers; and (ii) develop the curriculum and metrics of STEM coursework; and (B) collaborate with institutions of higher education to— (i) carry out dual-credit courses that offer both secondary school credit and college credit and incorporate STEM education and STEM workplace training; (ii) assist students in being placed in internships or apprenticeships with the employers described in subparagraph (A); and (iii) develop the curriculum and metrics described in subparagraph (A)(ii); and (2) may use such funds to— (A) provide tutoring in STEM coursework and mentoring programs for academic advice and assistance in discussing future career opportunities in STEM fields; (B) enable students and their teachers to attend STEM events outside the classroom; (C) provide after-school and summer STEM programs for students; and (D) purchase education materials or equipment to facilitate STEM instruction. (d) Matching requirement (1) In general Each local educational agency that receives a grant under this section shall provide, from non-Federal sources, an amount equal to 50 percent of the grant. Such non-Federal contribution may be provided in cash or in kind. (2) Partnership authorized A local educational agency may partner with a public and private entity that may assist the local educational agency in meeting the matching requirement under paragraph (1). (3) Waiver The Secretary may waive all or part of the matching requirement under paragraph (1) for a local educational agency if the local educational agency demonstrates that such requirement would result in a serious financial hardship or a financial inability to carry out the goals of the grant. (e) Supplement, not supplant Grant funds provided to a local educational agency under this section shall be used to supplement, and not supplant, funds that would otherwise be used for activities authorized under this section. (f) Authorization of appropriations There are authorized to be appropriate such sums as may be necessary to carry out this section for fiscal year 2014 and each succeeding fiscal year. . (b) Table of contents The table of contents of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to part C of title IV of such Act, the following new item: Part D—STEM grant program Sec. 4401. Grant program. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2159ih/xml/BILLS-113hr2159ih.xml

113-hr-2160

I 113th CONGRESS 1st Session H. R. 2160 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Ms. Fudge (for herself, Mr. Polis , and Mr. Lewis ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To support and encourage the health and well-being of elementary school and secondary school students by enhancing school physical education and health education. 1. Short title This Act may be cited as the Promoting Health as Youth Skills In Classrooms And Life Act . 2. Health education and physical education as core academic subjects Section 9101(11) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(11) ) is amended by striking and geography and inserting geography, physical education, and health education .

https://www.govinfo.gov/content/pkg/BILLS-113hr2160ih/xml/BILLS-113hr2160ih.xml

113-hr-2162

I 113th CONGRESS 1st Session H. R. 2162 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Gosar introduced the following bill; which was referred to the Committee on Natural Resources A BILL To provide for transparency and reporting related to direct and indirect costs incurred by the Bonneville Power Administration, the Western Area Power Administration, the Southwestern Power Administration, and the Southeastern Power Administration related to compliance with any Federal environmental laws impacting the conservation of fish and wildlife, and for other purposes. 1. Short Title This Act may be cited as the Environmental Compliance Cost Transparency Act of 2013 . 2. Transparency and reporting (a) Information included in monthly billing to power customers The Administrators of each of the Bonneville Power Administration, the Western Area Power Administration, the Southwestern Power Administration, and the Southeastern Power Administration shall include in monthly billings sent to each of their power customers information estimating and reporting the costs of the customer’s share of the direct and indirect costs incurred by the administration related to compliance with any Federal environmental laws impacting the conservation of fish and wildlife considered by the Administrator concerned, at that Administrator’s sole discretion after consultation with consumers, to be relevant. (b) Direct costs Direct costs reported under this section shall include Federal agency obligations related to costs of studies; capital, operation, maintenance, and replacement costs; and staffing costs. (c) Indirect costs Indirect costs reported under this section shall include foregone generation and replacement power costs, including the net costs of any transmission. (d) Coordination The Commissioner of the Bureau of Reclamation and the head of any other affected Federal agency shall assist the Administrators with the identification of the costs. (e) Report No later than January 30 of each year, each of the Administrators referred to in subsection (a), in coordination with the Bureau of Reclamation and other affected Federal agencies, shall provide an annual report to the appropriate committees of the House of Representatives and the Senate estimating the total of the direct and indirect costs incurred by the administration related to compliance with any Federal environmental laws impacting the conservation of fish and wildlife, the sources of replacement power, and costs related to integrating wind energy resources considered by the Administrator concerned, at that Administrator’s sole discretion after consultation with consumers, to be relevant.

https://www.govinfo.gov/content/pkg/BILLS-113hr2162ih/xml/BILLS-113hr2162ih.xml

113-hr-2163

I 113th CONGRESS 1st Session H. R. 2163 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Ms. Hahn (for herself and Mr. Fattah ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To authorize the Secretary of Transportation to establish a program to make grants to ports to enable ports to employ high school students during the summer. 1. Short title This Act may be cited as the Port Opportunity Reinvestment and Training Act of 2013 . 2. Grant program (a) Establishment The Secretary of Transportation (in this Act referred to as the Secretary ) shall establish a program to make grants to ports to enable ports to employ high school students during the summer. (b) Application In order to receive a grant under the program established under subsection (a), the authority in charge of a port shall submit an application at such time, in such form, and with such information and assurances as the Secretary may require, including an assurance that no worker will be displaced or terminated because of the creation of temporary summer employment for students. (c) Priority In considering applications for a grant under this section and in determining the grant amount for each port awarded a grant under this section, the Secretary shall give priority to a port located in a city with a high rate of unemployment, and shall also consider— (1) the cargo volume of the port; and (2) the size of the surrounding city. (d) Grant Amount Amounts awarded under this section shall not exceed $1,000,000 per port per fiscal year. (e) Grant Duration A grant awarded under this section shall be for a 1-year period and may be renewed based on such criteria as the Secretary may require. The authority in charge of the port shall return any amounts awarded but not expended to the Secretary at the end of the grant period. (f) Uses of Funds (1) Required Uses A port receiving a grant under this section shall use such funds to— (A) provide summer jobs for students— (i) aged 14 through 19; (ii) who are enrolled in high school at the time they apply for a job with the port; and (iii) live within the Metropolitan Statistical Area, as defined by the Office of Management and Budget, in which the port is located; and (B) compensate the student employees in accordance with applicable State and Federal wage statutes. (2) Permitted Uses A port receiving a grant under this section may use such funds to provide job training for student employees described in paragraph (1), provided that no more than 15 percent of the students’ time may be spent on such training, and the students are compensated at their normal rate of pay for participation in such training. (g) Authorization of Appropriations There is authorized to be appropriated to the Secretary to carry out this section such sums as may be necessary for each of fiscal years 2014 through 2016.

https://www.govinfo.gov/content/pkg/BILLS-113hr2163ih/xml/BILLS-113hr2163ih.xml

113-hr-2164

I 113th CONGRESS 1st Session H. R. 2164 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Harris (for himself, Mr. Lipinski , Mr. Smith of New Jersey , Mr. Fleming , Mr. Johnson of Ohio , and Mr. Kelly of Pennsylvania ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to prohibit human cloning. 1. Short title This Act may be cited as the Human Cloning Prohibition Act of 2012 . 2. Findings Congress finds that— (1) some individuals have announced that they will attempt to clone human beings using the technique known as somatic cell nuclear transfer already used with limited success in sheep and other animals; (2) nearly all scientists agree that such attempts pose a massive risk of producing children who are stillborn, unhealthy, or severely disabled, and considered opinion is virtually unanimous that such attempts are therefore grossly irresponsible and unethical; (3) efforts to create human beings by cloning mark a new and decisive step toward turning human reproduction into a manufacturing process in which children are made in laboratories to preordained specifications and, potentially, in multiple copies; (4) because it is an asexual form of reproduction, cloning confounds the meaning of father and mother and confuses the identity and kinship relations of any cloned child, and thus threatens to weaken existing notions regarding who bears which parental duties and responsibilities for children; (5) because cloning requires no personal involvement by the person whose genetic material is used, cloning could easily be used to reproduce living or deceased persons without their consent; (6) creating cloned live-born human children (sometimes called reproductive cloning ) necessarily begins by creating cloned human embryos, a process which some also propose as a way to create embryos for research or as sources of cells and tissues for possible treatment of other humans; (7) the prospect of creating new human life solely to be exploited and destroyed in this way has been condemned on moral grounds by many, including supporters of a right to abortion, as displaying a profound disrespect for life, and recent scientific advances with adult stem cells indicate that there are fruitful and morally unproblematic alternatives to this approach; (8) in order to be effective, a ban on human cloning must stop the cloning process at the beginning because— (A) cloning would take place within the privacy of a doctor-patient relationship; (B) the transfer of embryos to begin a pregnancy is a simple procedure; and (C) any government effort to prevent the transfer of an existing embryo, or to prevent birth once the transfer has occurred, would raise substantial moral, legal, and practical issues, so that it will be nearly impossible to prevent attempts at reproductive cloning once cloned human embryos are available in the laboratory; (9) the scientifically and medically useful practices of cloning of DNA fragments, known as molecular cloning, the duplication of somatic cells (or stem cells) in tissue culture, known as cell cloning, and whole-organism or embryo cloning of nonhuman animals are appropriate uses of medical technology; (10) in the preamble to the 1998 Additional Protocol on the Prohibition of Cloning Human Beings the Council of Europe agreed that the instrumentalisation of human beings through the deliberate creation of genetically identical human beings is contrary to human dignity and thus constitutes a misuse of biology and medicine ; (11) collaborative efforts to perform human cloning are conducted in ways that affect interstate and even international commerce, and the legal status of cloning will have a great impact on how biotechnology companies direct their resources for research and development; (12) at least 23 countries have banned all human cloning, including Canada, France, and Germany; (13) the United Nations has passed a declaration calling for all human cloning to be banned by member nations; and (14) attempts to create cloned human embryos for development of embryonic stem cell lines have been unsuccessful, including the exploitation of over a hundred women in South Korea to provide over 2,000 human eggs without the production of a single stem cell line. 3. Prohibition on human cloning (a) In General Title 18, United States Code, is amended by inserting after chapter 15 the following: 16 HUMAN CLONING Sec. 301. Definitions. 302. Prohibition on human cloning. 301. Definitions In this chapter: (1) Human cloning The term human cloning means human asexual reproduction, accomplished by introducing the nuclear material of a human somatic cell into a fertilized or unfertilized oocyte whose nucleus has been removed or inactivated to produce a living organism (at any stage of development) with a human or predominantly human genetic constitution. (2) Somatic cell The term somatic cell means a diploid cell (having a complete set of chromosomes) obtained or derived from a living or deceased human body at any stage of development. 302. Prohibition on human cloning (a) In General It shall be unlawful for any person or entity, public or private, in or affecting interstate commerce— (1) to perform or attempt to perform human cloning; (2) to participate in an attempt to perform human cloning; or (3) to ship or receive the product of human cloning for any purpose. (b) Importation It shall be unlawful for any person or entity, public or private, to import the product of human cloning for any purpose. (c) Penalties (1) In general Any person or entity that is convicted of violating any provision of this section shall be fined under this section or imprisoned not more than 10 years, or both. (2) Civil penalty Any person or entity that is convicted of violating any provision of this section shall be subject to, in the case of a violation that involves the derivation of a pecuniary gain, a civil penalty of not less than $1,000,000 and not more than an amount equal to the amount of the gross gain multiplied by 2, if that amount is greater than $1,000,000. (d) Scientific Research Nothing in this section shall restrict areas of scientific research not specifically prohibited by this section, including research in the use of nuclear transfer or other cloning techniques to produce molecules, DNA, cells other than human embryos, tissues, organs, plants, or animals other than humans. . (b) Clerical Amendment The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 15 the following: 16. Human Cloning 301 .

https://www.govinfo.gov/content/pkg/BILLS-113hr2164ih/xml/BILLS-113hr2164ih.xml

113-hr-2165

I 113th CONGRESS 1st Session H. R. 2165 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Heck of Nevada (for himself and Mr. Fitzpatrick ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Education and the Workforce , Ways and Means , and the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Public Health Service Act to provide individual and group market reforms to protect health insurance consumers, to make such reforms and protections contingent on the enactment of legislation repealing the Patient Protection and Affordable Care Act, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Ensuring Quality Health Care for All Americans 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. Effective date contingent on repeal of PPACA. Sec. 3. Prohibiting discrimination based on health status. Sec. 4. Guaranteed renewability of coverage. Sec. 5. Prohibition of preexisting condition exclusions and other discrimination based on health status. Sec. 6. No lifetime or annual limits. Sec. 7. Prohibition on rescissions. Sec. 8. Extension of dependent coverage. Sec. 9. Application of group market reforms to ERISA and the Internal Revenue Code of 1986. Sec. 10. Catastrophic plan. Sec. 11. Grants for health insurance risk adjustment mechanisms. Sec. 12. Liability protections for health care providers. 2. Effective date contingent on repeal of PPACA (a) In general This Act and the amendments made by this Act shall take effect upon the enactment of PPACA repeal legislation described in subsection (b) and this Act and the amendments made by this Act shall have no force or effect if such PPACA repeal legislation is not enacted. (b) PPACA repeal legislation described For purposes of subsection (a), PPACA repeal legislation described in this subsection is legislation that— (1) repeals Public Law 111–148, and restores or revives the provisions of law amended or repealed, respectively, by such Act as if such Act had not been enacted and without further amendment to such provisions of law; and (2) repeals title I and subtitle B of title II of the Health Care and Education Reconciliation Act of 2010 ( Public Law 111–152 ), and restores or revives the provisions of law amended or repealed, respectively, by such title or subtitle, respectively, as if such title and subtitle had not been enacted and without further amendment to such provisions of law. 3. Prohibiting discrimination based on health status (a) Group market Subpart 3 of part A of title XXVII of the Public Health Service Act is amended by striking section 2711 of such Act ( 42 U.S.C. 300gg–11 ) and inserting the following: 2711. Guaranteed availability of coverage (a) Guaranteed issuance of coverage in the group market (1) In general Subject to subsections (b) through (e), each health insurance issuer that offers health insurance coverage in the group market in a State shall accept every employer and every individual in a group in the State that applies for such coverage. (2) Special rule for associations An association shall be treated as an employer for purposes of this section if such association seeks to provide group health insurance coverage to not less than 200 qualified individuals. (b) Enrollment (1) Restriction A health insurance issuer described in subsection (a) may restrict enrollment in coverage described in such subsection to open or special enrollment periods. (2) Establishment A health insurance issuer described in subsection (a) shall, in accordance with the regulations promulgated under paragraph (3), establish special enrollment periods for qualifying events (as such term is defined in section 603 of the Employee Retirement Income Security Act of 1974). (3) Special rules for associations (A) Qualifying events For purposes of applying paragraph (2) to an association— (i) the term covered employee in section 603 of the Employee Retirement Income Security Act of 1974 shall include a qualified individual (as such term is defined in section 2701(d)(2)(D)); (ii) the term employer shall include an association (as such term is defined in section 2701(d)(2)(A)); and (iii) the term termination (other than by reason of such employee's gross misconduct), or reduction of hours, of the covered employee's employment shall include the termination of membership to the association. (B) Enrollment With respect to health insurance coverage provided to an association under subsection (a)(2) , a health insurance issuer shall permit a qualified individual who is eligible, but not enrolled (or a dependent of such individual if the dependent is eligible, but not enrolled) for such coverage to enroll for coverage under the terms of such coverage when any one of the following events occur: (i) New members and employees A qualified individual, and any dependent of such individual, may enroll during the 30-day period following the end of the period described under section 2701(d)(2)(D) that applies to such individual. (ii) Annual enrollment A qualified individual, and any dependent of such individual, may enroll during the annual enrollment period established under the terms of the coverage (C) Termination of enrollment With respect to group health insurance coverage provided by an association, a qualified individual or dependent who terminates enrollment in such coverage may only re-enroll in such coverage during the annual enrollment period described under subparagraph (B)(ii) . (D) Definitions For purposes of this section, the terms association and qualified individual have the meaning given such terms in section 2701(d)(2). (4) Regulations The Secretary shall promulgate regulations with respect to enrollment periods under this subsection. (c) Special Rules for Network Plans (1) In general In the case of a health insurance issuer that offers health insurance coverage in the group market in a State through a network plan, the issuer may— (A) limit the employers that may apply for such coverage to those with eligible individuals who live, work, or reside in the service area for such network plan; and (B) within the service area of such plan, deny such coverage to such employers if the issuer has demonstrated, if required, to the applicable State authority that— (i) it will not have the capacity to deliver services adequately to enrollees of any additional groups because of its obligations to existing group contract holders and enrollees; and (ii) it is applying this paragraph uniformly to all employers without regard to— (I) the claims experience of those employers and their employees (and their dependents); or (II) any health-status-related factor relating to such employees and dependents. (2) 180- day suspension upon denial of coverage An issuer, upon denying health insurance coverage in any service area in accordance with paragraph (1)(B) , may not offer coverage in the group market within such service area for a period of 180 days after the date such coverage is denied. (d) Application of Financial Capacity Limits (1) In general A health insurance issuer may deny health insurance coverage in the group if the issuer has demonstrated, if required, to the applicable State authority that— (A) it does not have the financial reserves necessary to underwrite additional coverage; and (B) it is applying this paragraph uniformly to all employers and individuals in the group market in the State— (i) in a manner that is consistent with applicable State law; and (ii) without regard to— (I) the claims experience of those individuals, employers, and their employees (and their dependents); or (II) any health-status-related factor relating to such individuals, employees, and dependents. (2) 180- day suspension upon denial of coverage A health insurance issuer upon denying health insurance coverage in connection with group health plans in accordance with paragraph (1) in a State may not offer coverage in connection with group health plans in the group market in the State for a period of 180 days after the date such coverage is denied or until the issuer has demonstrated to the applicable State authority, if required under applicable State law, that the issuer has sufficient financial reserves to underwrite additional coverage, whichever is later. An applicable State authority may provide for the application of this subsection on a service-area-specific basis. . (b) Individual market Subpart 1 of part B of title XXVII of the Public Health Service Act is amended by striking section 2741 of such Act ( 42 U.S.C. 300gg–41 ) and inserting the following: 2741. Guaranteed availability of coverage The provisions of section 2711 (other than subsection (a)(2) and subsection (b)(3)) shall apply to health insurance coverage offered to individuals by a health insurance issuer in the individual market in the same manner as such provisions apply to health insurance coverage offered to employers by a health insurance issuer in connection with health insurance coverage in the group market. For purposes of this section, the Secretary shall treat any reference of the word employer in such section as a reference to the term individual . . 4. Guaranteed renewability of coverage Section 2712 of the Public Health Service Act ( 42 U.S.C. 300gg–12 ) is amended— (1) in subsection (a)— (A) by inserting , including coverage offered before in connection with a group health plan ; and (B) by inserting employer or other before plan sponsor of the plan ; (2) in subsection (b)— (A) in the matter before paragraph (1), by striking health insurance coverage in connection with a group health plan in the small or large group market and insert such health insurance coverage ; and (B) in paragraph (6) by striking one or more bona fide associations and inserting one or more associations (as such term is defined in section 2701(d)(2)(A)) ; (3) in subsection (c)(1)(B), by striking to a group health plan ; (4) in subsection (d)— (A) in matter before paragraph (1), by striking to a group health plan ; and (B) in paragraph (2), by striking bona fide associations and inserting associations (as such term is defined in section 2701(d)(2)(A)) ; and (5) in subsection (e), by inserting (as such term is defined in section 2701(d)(2)(A)) after one or more associations . 5. Prohibition of preexisting condition exclusions and other discrimination based on health status (a) Group market Subpart 1 of part A of title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg et seq. ) is amended by striking section 2701 and inserting the following: 2701. Prohibition of preexisting condition exclusions and other discrimination based on health status (a) In General A group health plan or a health insurance issuer offering group health insurance coverage may not impose any preexisting condition exclusion with respect to such plan or coverage. (b) Definitions For purposes of this part: (1) Preexisting condition exclusion (A) In general The term preexisting condition exclusion means, with respect to a group health plan or health insurance coverage, a limitation or exclusion of benefits relating to a condition based on the fact that the condition was present before the date of enrollment in such plan or for such coverage, whether or not any medical advice, diagnosis, care, or treatment was recommended or received before such date. (B) Treatment of genetic information Genetic information shall not be treated as a preexisting condition in the absence of a diagnosis of the condition related to such information. (2) Date of enrollment The term date of enrollment means, with respect to an individual covered under a group health plan or health insurance coverage, the date of enrollment of the individual in the plan or coverage or, if earlier, the first day of the waiting period for such enrollment. (3) Waiting period The term waiting period means, with respect to a group health plan and an individual who is a potential participant or beneficiary in the plan, the period that must pass with respect to the individual before the individual is eligible to be covered for benefits under the terms of the plan. (c) Special Enrollment Periods (1) Individuals losing other coverage A group health plan, and a health insurance issuer offering group health insurance coverage in connection with a group health plan, shall permit an employee who is eligible, but not enrolled, for coverage under the terms of the plan (or a dependent of such an employee if the dependent is eligible, but not enrolled, for coverage under such terms) to enroll for coverage under the terms of the plan if each of the following conditions is met: (A) The employee or dependent was covered under a group health plan or had health insurance coverage at the time coverage was previously offered to the employee or dependent. (B) The employee stated in writing at such time that coverage under a group health plan or health insurance coverage was the reason for declining enrollment, but only if the plan sponsor or issuer (if applicable) required such a statement at such time and provided the employee with notice of such requirement (and the consequences of such requirement) at such time. (C) The employee's or dependent's coverage described in subparagraph (A)— (i) was under a COBRA continuation provision and the coverage under such provision was exhausted; or (ii) was not under such a provision and either the coverage was terminated as a result of loss of eligibility for the coverage (including as a result of legal separation, divorce, death, termination of employment, or reduction in the number of hours of employment) or employer contributions toward such coverage were terminated. (D) Under the terms of the plan, the employee requests such enrollment not later than 30 days after the date of exhaustion of coverage described in subparagraph (C)(i) or termination of coverage or employer contribution described in subparagraph (C)(ii). (2) For dependent beneficiaries (A) In general If— (i) a group health plan makes coverage available with respect to a dependent of an individual; (ii) the individual is a participant under the plan (or has met any waiting period applicable to becoming a participant under the plan and is eligible to be enrolled under the plan but for a failure to enroll during a previous enrollment period); and (iii) a person becomes such a dependent of the individual through marriage, birth, or adoption or placement for adoption, the group health plan shall provide for a dependent special enrollment period described in subparagraph (B) during which the person (or, if not otherwise enrolled, the individual) may be enrolled under the plan as a dependent of the individual, and in the case of the birth or adoption of a child, the spouse of the individual may be enrolled as a dependent of the individual if such spouse is otherwise eligible for coverage. (B) Dependent special enrollment period A dependent special enrollment period under this subparagraph shall be a period of not less than 30 days and shall begin on the later of— (i) the date dependent coverage is made available; or (ii) the date of the marriage, birth, or adoption or placement for adoption (as the case may be) described in subparagraph (A)(iii). (C) No waiting period If an individual seeks to enroll a dependent during the first 30 days of such a dependent special enrollment period, the coverage of the dependent shall become effective— (i) in the case of marriage, not later than the first day of the first month beginning after the date the completed request for enrollment is received; (ii) in the case of a dependent's birth, as of the date of such birth; or (iii) in the case of a dependent's adoption or placement for adoption, the date of such adoption or placement for adoption. (3) Special rules for application in case of Medicaid and chip (A) In general A group health plan, and a health insurance issuer offering group health insurance coverage in connection with a group health plan, shall permit an employee who is eligible, but not enrolled, for coverage under the terms of the plan (or a dependent of such an employee if the dependent is eligible, but not enrolled, for coverage under such terms) to enroll for coverage under the terms of the plan or coverage if either of the following conditions is met: (i) Termination of medicaid or chip coverage The employee or dependent is covered under a Medicaid plan under title XIX of the Social Security Act or under a State child health plan under title XXI of such Act and coverage of the employee or dependent under such a plan is terminated as a result of loss of eligibility for such coverage and the employee requests coverage under the group health plan (or health insurance coverage) not later than 60 days after the date of termination of such coverage. (ii) Eligibility for employment assistance under medicaid or chip The employee or dependent becomes eligible for assistance, with respect to coverage under the group health plan or health insurance coverage, under such Medicaid plan or State child health plan (including under any waiver or demonstration project conducted under or in relation to such a plan), if the employee requests coverage under the group health plan or health insurance coverage not later than 60 days after the date the employee or dependent is determined to be eligible for such assistance. (B) Coordination with medicaid and chip (i) Outreach to employees regarding availability of medicaid and chip coverage (I) In general Each employer that maintains a group health plan in a State that provides medical assistance under a State Medicaid plan under title XIX of the Social Security Act, or child health assistance under a State child health plan under title XXI of such Act, in the form of premium assistance for the purchase of coverage under a group health plan, shall provide to each employee a written notice informing the employee of potential opportunities then currently available in the State in which the employee resides for premium assistance under such plans for health coverage of the employee or the employee's dependents. For purposes of compliance with this subclause, the employer may use any State-specific model notice developed in accordance with section 701(f)(3)(B)(i)(II) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1181(f)(3)(B)(i)(II) ). (II) Option to provide concurrent with provision of plan materials to employee An employer may provide the model notice applicable to the State in which an employee resides concurrent with the furnishing of materials notifying the employee of health plan eligibility, concurrent with materials provided to the employee in connection with an open season or election process conducted under the plan, or concurrent with the furnishing of the summary plan description as provided in section 104(b) of the Employee Retirement Income Security Act of 1974. (ii) Disclosure about group health plan benefits to States for medicaid- and CHIP-eligible individuals In the case of an enrollee in a group health plan who is covered under a Medicaid plan of a State under title XIX of the Social Security Act or under a State child health plan under title XXI of such Act, the plan administrator of the group health plan shall disclose to the State, upon request, information about the benefits available under the group health plan in sufficient specificity, as determined under regulations of the Secretary of Health and Human Services in consultation with the Secretary that require use of the model coverage coordination disclosure form developed under section 311(b)(1)(C) of the Children's Health Insurance Reauthorization Act of 2009, so as to permit the State to establish (under paragraph (2)(B), (3), or (10) of section 2105(c) of the Social Security Act or otherwise) the cost effectiveness of the State providing medical or child health assistance through premium assistance for the purchase of coverage under such group health plan and in order for the State to provide supplemental benefits required under paragraph (10)(E) of such section or other authority. (d) Application to association plans (1) In general A group health plan or health insurance issuer that provides coverage to an association as required under section 2711(a)(2) shall accept every qualified individual that the association seeks health insurance coverage for, without regard to the health status of such individual. (2) Definitions related to associations For purposes of this subsection: (A) Association The term association means an association that— (i) has a constitution and bylaws; (ii) is determined by the Secretary to be an association which is operating in good faith for a primary purpose other than that of obtaining insurance; and (iii) has been in existence for a period of at least 5 years. (B) Dependent The term dependent , with respect to a qualified individual, has the meaning given such term in section 2714, with respect to a policy holder. (C) Qualified actuary The term qualified actuary means a member in good standing of the American Academy of Actuaries, or a successor organization approved by the Secretary. (D) Qualified individuals The term qualified individual means, with respect to an association, an individual who meets any of the following: (i) A member of the association who has been such a member for a period of at least 30 days. (ii) An employee of such member who has been employed by such member for a period of at least 30 days. (iii) An employee of the association who has been employed by the association for a period of at least 30 days. . (b) Individual market Subpart 1 of part B of title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg–41 et seq. ) is amended by adding at the end the following: 2746. Prohibition of preexisting condition exclusions or other discrimination based on health status The provisions of section 2701 (other than subparagraphs (A)(ii) and (B) of subsection (c)(3)) shall apply to health insurance coverage offered to individuals by a health insurance issuer in the individual market in the same manner as it applies to health insurance coverage offered by a health insurance issuer in the group market. . 6. No lifetime or annual limits (a) Group market Subpart 2 of part A of title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg–4 et seq. ) is amended by adding at the end the following: 2708. No lifetime or annual limits (a) In general A group health plan and a health insurance issuer offering group health insurance coverage may not establish— (1) lifetime limits on the dollar value of benefits for any participant or beneficiary; or (2) unreasonable annual limits (within the meaning of section 223 of the Internal Revenue Code of 1986) on the dollar value of benefits for any participant or beneficiary. (b) Per Beneficiary Limits A group health plan or health insurance coverage may not place annual or lifetime per beneficiary limits on specific covered benefits unless such limits are otherwise permitted under Federal or State law. . (b) Individual market Subpart 2 of part B of title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg–51 et seq. ) is amended by adding at the end the following: 2754. No lifetime or annual limits The provisions of section 2708 shall apply to health insurance coverage offered to individuals by a health insurance issuer in the individual market in the same manner as it applies to health insurance coverage offered by a health insurance issuer in the group market. . 7. Prohibition on rescissions (a) Group market Subpart 1 of part A of title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg et seq. ) is amended by adding at the end the following: 2703. Prohibition on rescissions A group health plan and a health insurance issuer offering group health insurance coverage shall not rescind such plan or coverage with respect to an enrollee once the enrollee is covered under such plan or coverage involved, except that this section shall not apply to a covered individual who has performed an act or practice that constitutes fraud or makes an intentional misrepresentation of material fact as prohibited by the terms of the plan or coverage. Such plan or coverage may not be cancelled except with prior notice to the enrollee, and only as permitted under section 2712(b). . (b) Individual market Subpart 1 of part B of title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg–41 et seq. ) is amended by adding at the end the following: 2747. Prohibition on rescissions The provisions of section 2703 shall apply to health insurance coverage offered to individuals by a health insurance issuer in the individual market in the same manner as it applies to health insurance coverage offered by a health insurance issuer in the group market. . 8. Extension of dependent coverage (a) Group market (1) In general Subpart 1 of part A of title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg et seq. ) is amended by adding at the end: 2703A. Extension of dependent coverage (a) In General A group health plan and a health insurance issuer offering group health insurance coverage that provides dependent coverage of children shall continue to make such coverage available for such a dependent after such dependent turns 18 years of age until the first of the following events occurs: (1) The dependent turns 26 years of age. (2) The dependent marries. (3) Subject to subsection (c) , the dependent no longer resides in the home of— (A) the policy holder through which such dependent is eligible for dependent coverage; or (B) in the case that the policy holder through which such dependent is eligible for dependent coverage provides such coverage subject to an order to provide child support, the dependent’s parent or legal guardian. (b) Exception for college students Paragraph (3) of subsection (a) shall not apply to a dependent for any period of time during which such dependent is enrolled as a full-time student at a postsecondary educational institution (including an institution of higher education as defined in section 102 of the Higher Education Act of 1965). (c) Limitation Nothing in this section shall require a plan or an issuer described in subsection (a) to make coverage available for a child of an individual receiving dependent coverage pursuant to this section. (d) Rule of Construction Nothing in this section shall be construed to modify the definition of dependent as used in the Internal Revenue Code of 1986 with respect to the tax treatment of the cost of coverage. . (2) Regulations The Secretary shall promulgate regulations to define the dependents to which coverage shall be made available under section 2703A of the Public Health Service Act, as added by paragraph (1). (b) Individual market Subpart 1 of part B of title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg–41 et seq. ) is amended by adding at the end the following: 2748. Extension of dependent coverage The provisions of section 2703A shall apply to health insurance coverage offered to individuals by a health insurance issuer in the individual market in the same manner as it applies to health insurance coverage offered by a health insurance issuer in the group market. . 9. Application of group market reforms to ERISA and the Internal Revenue Code of 1986 (a) ERISA (1) In general Subpart A of title VII of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1181 et seq. ) is amended— (A) by striking sections 701 and 703; and (B) by inserting before section 702 the following: 701. Application of certain PHSA requirements (a) In general Sections 2701, 2703, 2703A, 2708, 2711, and 2712 of the Public Health Service Act shall apply to group health plans, and health insurance issuers providing health insurance coverage in connection with group health plans, as if included in this subpart. (b) Conflict To the extent that any provision of this part conflicts with a provision of any section of the Public Health Service Act listed in subsection (a) with respect to group health plans, or health insurance issuers providing health insurance coverage in connection with group health plans, the provisions of such sections shall apply. . (2) Conforming amendment The table of contents in section 1 of such Act ( 29 U.S.C. 1001 note) is amended— (A) by striking the item related to section 701 and inserting Sec. 701. Application of certain PHSA requirements. ; and (B) by striking the item related to section 703. (b) Internal Revenue Code of 1986 Subchapter A of chapter 100 of the Internal Revenue Code of 1986 (relating to group health plan requirements) is amended— (1) by striking sections 9801 and 9803; and (2) by inserting before section 9802 the following: 9801. Application of certain PHSA requirements (a) In general Sections 2701, 2703, 2703A, 2708, 2711, and 2712 of the Public Health Service Act shall apply to group health plans, and health insurance issuers providing health insurance coverage in connection with group health plans, as if included in this subchapter. (b) Conflict To the extent that any provision of this subchapter conflicts with a provision of any section of the Public Health Service Act listed in subsection (a) with respect to group health plans, or health insurance issuers providing health insurance coverage in connection with group health plans, the provisions of such sections shall apply. . 10. Catastrophic plan Subpart 1 of part B of title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg–41 et seq. ) is amended by adding at the end the following: 2749. Catastrophic plan (a) In general Each health insurance issuer that offers health insurance coverage in the individual market in a State shall offer a catastrophic plan in such State in such market. (b) Coverage requirements To meet the requirements of this section, a catastrophic plan must provide for the essential health benefits, as defined by the Secretary under subsection (c). (c) Essential health benefits The Secretary shall define the essential health benefits, except that such benefits shall include— (1) coverage for at least three primary care visits during a plan year; and (2) at least the following general categories and the items and services covered within the categories: (A) Ambulatory patient services. (B) Emergency services. (C) Hospitalization. (D) Maternity and newborn care. (E) Mental health and substance use disorder services, including behavioral health treatment. (F) Prescription drugs. (G) Rehabilitative and habilitative services and devices. (H) Laboratory services. (I) Preventive and wellness services and chronic disease management. (J) Pediatric services, including oral and vision care. (d) Restriction to individual market If a health insurance issuer offers a health plan described in this section, the issuer may only offer the plan in the individual market. . 11. Grants for health insurance risk adjustment mechanisms (a) In general The Secretary of Health and Human Services shall make grants to States for planning for the establishment and implementation of health insurance risk adjustment mechanisms. (b) Amount (1) In general The Secretary shall determine the amount of a grant made to a State under this section pursuant to a formula, issued by rule not later than one year after the date of the enactment of the PPACA repeal legislation described in section 2(b), that takes into account the number of high-risk individuals in such State. (2) Limitation The amount of a grant made to a State under this section shall not exceed $1,000,000 for any fiscal year. (c) Use of funds The grant funds made available to a State under this section may only be used by a State for the cost associated with planning for the establishment and implementation of health insurance risk adjustment mechanisms. Such funds may not be used for costs related to administering such mechanisms. (d) Definitions For purposes of this section: (1) High-risk individual The term high-risk individual means an individual who— (A) is a citizen or national of the United States or is lawfully present in the United States; (B) has not been covered under creditable coverage (as defined in section 2701(c)(1) of the Public Health Service Act as in effect on March 22, 2010) during the previous 6-month period; and (C) has a preexisting condition, as determined in a manner consistent with guidance issued by the Secretary. (2) Health insurance risk-adjustment mechanisms (A) In general With respect to a State, the term health insurance risk-adjustment mechanism shall be a mechanism that applies to— (i) all health insurance issuers who offer health insurance coverage in such State; and (ii) all covered lives for health insurance coverage offered in such State that is subject to the requirements of section 2711 or section 2741 of the Public Health Service Act, as added by section 3 of this Act. (B) Further definition With respect to a State, any further definition of such term shall be determined by the State insurance commissioner, acting in cooperation with health insurance issuers who offer health insurance coverage in such State. (3) State The term State means each of the 50 States and the District of Columbia. (e) Sunset date The Secretary may not make any grants under this section after the date that is 2 years after the date of the enactment of the PPACA repeal legislation described in section 2(b). 12. Liability protections for health care providers (a) Health care providers protected The liability protections in subsection (c) shall apply in any civil action, including an action before any court of any State, against a health care provider, arising from health care goods or services that— (1) were provided by a health care provider in a hospital to which the requirements of section 1867 of the Social Security Act ( 42 U.S.C. 1395dd ) apply; and (2) were provided only because they were required under section 1867 of the Social Security Act (42 U.S.C. 1395dd). (b) Burden of proof In any proceeding under subsection (a), the burden of proof shall be on the defendant to establish the elements in paragraphs (1) and (2) of subsection (a). (c) Liability protections (1) Cap on noneconomic damages The amount of noneconomic damages, if available, shall not exceed $250,000, regardless of the number of parties against whom the action is brought with respect to the same injury. An award for noneconomic damages in excess of $250,000 shall be reduced either before entry of the order granting judgment, or by amendment of such order. (2) Installment payments If the award for damages exceeds $50,000, the defendant may pay such damages in installments, as determined by the court. (3) Attorney fees Any contingent fee for a party’s attorney shall not exceed— (A) 40 percent of the portion of the award amount that does not exceed $50,000; (B) 33 1/3 percent of the portion of the award amount that exceeds $50,000 but does not exceed $100,000; (C) 25 percent of the portion of the award amount that exceeds $100,000 but does not exceed $600,000; and (D) 15 percent of the portion of the award amount that exceeds $600,000. (4) Disclosure of collateral source benefits Any person bringing a civil action described in subsection (a) shall, and any party may, disclose or introduce evidence of collateral source benefits. (5) Preemption (A) In general The provisions of this Act preempt, subject to subparagraphs (B) and (C), State law to the extent that State law prevents the application of any provisions of law established by or under this Act. The provisions governing an action described in subsection (a) set forth in this Act supersede chapter 171 of title 28, United States Code, to the extent that such chapter— (i) provides for a greater amount of damages or contingent fees, a longer period in which a health care lawsuit may be commenced, or a reduced applicability or scope of periodic payment of future damages, than provided in this Act; or (ii) prohibits the introduction of evidence regarding collateral source benefits, or mandates or permits subrogation or a lien on collateral source benefits. (B) Greater protections preserved This Act shall not preempt or supersede any State or Federal law that imposes greater procedural or substantive protections for health care providers from liability, loss, or damages than those provided by this Act or create a cause of action. (C) Rule of construction No provision of this Act shall be construed to preempt— (i) any State law (whether effective before, on, or after the date of the enactment of this Act) that specifies a particular monetary amount of compensatory or punitive damages (or the total amount of damages) that may be awarded in an action described in subsection (a), regardless of whether such monetary amount is greater or lesser than is provided for under this Act; or (ii) any defense available to a party in an action described in subsection (a) under any other provision of State or Federal law. (6) Definitions (A) Collateral source benefits As used in this section, the term collateral source benefits means any amount paid or reasonably likely to be paid in the future to or on behalf of the claimant, or any service, product, or other benefit provided or reasonably likely to be provided in the future to or on behalf of the claimant, as a result of the personal harm, pursuant to— (i) any State or Federal health, sickness, income-disability, accident, or workers’ compensation law; (ii) any health, sickness, income-disability, or accident insurance that provides health benefits or income-disability coverage; (iii) any contract or agreement of any group, organization, partnership, or corporation to provide, pay for, or reimburse the cost of medical, hospital, dental, or income-disability benefits; and (iv) any other publicly or privately funded program. (B) Noneconomic damages As used in this section, the term noneconomic damages means damages 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. (C) Health care provider As used in this section, the term health care provider means any person or entity required by State or Federal laws or regulations to be licensed, registered, or certified to provide health care services, and being either so licensed, registered, or certified, or exempted from such requirement by other statute. (D) Health care goods or services As used in this section, the term health care goods or services means any goods or services provided by a health care organization, provider, or by any individual working under the supervision of a health care provider, that relates to the diagnosis, prevention, or treatment of any human disease or impairment, or the assessment or care of the health of human beings.

https://www.govinfo.gov/content/pkg/BILLS-113hr2165ih/xml/BILLS-113hr2165ih.xml

113-hr-2166

IB Union Calendar No. 247 113th CONGRESS 2d Session H. R. 2166 [Report No. 113–331, Part I] IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Heck of Nevada (for himself and Mr. Amodei ) introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committee on Agriculture , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned January 23 (legislative day, January 21), 2014 Additional sponsors: Mr. Moran and Mr. McDermott January 23 (legislative day, January 21), 2014 Reported from the Committee on Natural Resources January 23 (legislative day, January 21), 2014 The Committee on Agriculture discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed A BILL To direct the Secretary of the Interior and Secretary of Agriculture to expedite access to certain Federal lands under the administrative jurisdiction of each Secretary for good Samaritan search-and-recovery missions, and for other purposes. 1. Short title This Act may be cited as the Good Samaritan Search and Recovery Act of 2013 . 2. Expedited access to certain Federal lands (a) In general The Secretary shall develop and implement a process to expedite access to Federal lands under the administrative jurisdiction of the Secretary for eligible organizations and eligible individuals to request access to Federal lands to conduct good Samaritan search-and-recovery missions. The process developed and implemented pursuant to this subsection shall include provisions that clarify that— (1) an eligible organization or eligible individual granted access under this section shall be acting for private purposes and shall not be considered a Federal volunteer; (2) an eligible organization or eligible individual conducting a good Samaritan search-and-recovery mission under this section shall not be considered a volunteer under section 3 of the Volunteers in the Parks Act of 1969 ( 16 U.S.C. 18i ); (3) the Federal Torts Claim Act shall not apply to an eligible organization or eligible individual carrying out a privately requested good Samaritan search-and-recovery mission under this section; and (4) the Federal Employee Compensation Act shall not apply to an eligible organization or eligible individual conducting good Samaritan search-and-recovery mission under this section and such activities shall not constitute civilian employment. (b) Release of the federal government from liability The Secretary shall not require an eligible organization or an eligible individual to have liability insurance as a condition of accessing Federal lands under this section if the eligible organization or eligible individual— (1) acknowledges and consents, in writing, to the provisions listed in paragraphs (1) through (4) of subsection (a); and (2) signs a waiver releasing the Federal Government from all liability related to the access granted under this section. (c) Approval and denial of requests (1) In general The Secretary shall notify an eligible organization and eligible individual of the approval or denial of a request by that eligible organization and eligible individual to carry out a good Samaritan search-and-recovery mission under this section not more than 48 hours after the request is made. (2) Denials If the Secretary denies a request from an eligible organization or eligible individual to carry out a good Samaritan search-and-recovery mission under this section, the Secretary shall notify the eligible organization or eligible individual of— (A) the reason for the denial request; and (B) any actions that eligible organization or eligible individual can take to meet the requirements for the request to be approved. (d) Partnerships The Secretary shall develop search-and-recovery focused partnerships with search-and-recovery organizations to— (1) coordinate good Samaritan search-and-recovery missions on Federal lands under the administrative jurisdiction of the Secretary; and (2) expedite and accelerate good Samaritan search-and-recovery mission efforts for missing individuals on Federal lands under the administrative jurisdiction of the Secretary. (e) Report Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a joint report to Congress describing— (1) plans to develop partnerships described in subsection (d)(1); and (2) efforts being taken to expedite and accelerate good Samaritan search-and-recovery mission efforts for missing individuals on Federal lands under the administrative jurisdiction of the Secretary pursuant to subsection (d)(2). (f) Definitions For the purposes of this section, the following definitions apply: (1) Eligible organization and eligible individual The terms eligible organization and eligible individual means an organization or individual, respectively, that— (A) is acting in a not-for-profit capacity; and (B) is certificated in training that meets or exceeds standards established by the American Society for Testing and Materials. (2) Good Samaritan search-and-recovery mission The term good Samaritan search-and-recovery mission means a search for one or more missing individuals believed to be deceased at the time that the search is initiated. (3) Secretary The term Secretary means the Secretary of the Interior or the Secretary of Agriculture, as appropriate. January 23 (legislative day, January 21), 2014 Reported from the Committee on Natural Resources January 23 (legislative day, January 21), 2014 The Committee on Agriculture discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed

https://www.govinfo.gov/content/pkg/BILLS-113hr2166rh/xml/BILLS-113hr2166rh.xml

113-hr-2167

I 113th CONGRESS 1st Session H. R. 2167 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Heck of Washington (for himself and Mr. Fitzpatrick ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To authorize the Secretary of Housing and Urban Development to establish additional requirements to improve the fiscal safety and soundness of the home equity conversion mortgage insurance program. 1. Short title This Act may be cited as the Reverse Mortgage Stabilization Act of 2013 . 2. Additional safety and soundness requirements for home equity conversion mortgage insurance program Subsection (h) of section 255 of the National Housing Act ( 12 U.S.C. 1715z–20(h) ) 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 new paragraph: (3) establish, by notice or mortgagee letter, any additional or alternative requirements that the Secretary, in the Secretary’s discretion, determines are necessary to improve the fiscal safety and soundness of the program authorized by this section, which requirements shall take effect upon is­su­ance. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2167ih/xml/BILLS-113hr2167ih.xml

113-hr-2168

I 113th CONGRESS 1st Session H. R. 2168 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Heck of Washington introduced the following bill; which was referred to the Committee on House Administration A BILL To amend the Uniformed and Overseas Citizens Absentee Voting Act to promote the efficient delivery and receipt of absentee ballots and other voting materials to absent uniformed services voters, and for other purposes. 1. Short title This Act may be cited as the Helping Heroes Vote Act of 2013 . 2. Provision of information to election officials on deployments of absent uniformed services voters (a) Requiring secretary of defense To provide information Section 101(b) of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff(b) ) is amended— (1) by striking and at the end of paragraph (10); (2) by striking the period at the end of paragraph (11) and inserting ; and ; and (3) by adding at the end the following new paragraph: (12) to the greatest extent practicable, notify the appropriate election official of the State in which an absent uniformed services voter is registered to vote of any change in the current mailing address of the voter which results from the voter being deployed on active duty for a period of more than 30 days from the voter’s permanent duty station or redeployed from such a deployment without first returning to the voter’s permanent duty station. . (b) Effective date The amendment made by subsection (a) shall apply with respect to deployments or redeployments occurring on or after the date of the enactment of this Act. 3. Revisions to 45-day absentee ballot transmission rule (a) Repeal of waiver authority (1) In general Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–1 ) is amended by striking subsection (g). (2) Conforming amendment Section 102(a)(8)(A) of such Act (42 U.S.C. 1973ff–1(a)(8)(A)) is amended by striking except as provided in subsection (g), . (b) Requiring use of express delivery in case of failure To meet requirement Section 102 of such Act ( 42 U.S.C. 1973ff–1 ), as amended by subsection (a), is amended by inserting after subsection (f) the following new subsection: (g) Requiring use of express delivery in case of failure To transmit ballots within deadlines (1) Transmission of ballot by express delivery If a State fails to meet the requirement of subsection (a)(8)(A) to transmit a validly requested absentee ballot to an absent uniformed services voter or overseas voter not later than 45 days before the election (in the case in which the request is received at least 45 days before the election)— (A) the State shall transmit the ballot to the voter by express delivery; or (B) in the case of a voter who has designated that absentee ballots be transmitted electronically in accordance with subsection (f)(1), the State shall transmit the ballot to the voter electronically. (2) Special rule for transmission fewer than 40 days before the election If, in carrying out paragraph (1), a State transmits an absentee ballot to an absent uniformed services voter or overseas voter fewer than 40 days before the election, the State shall enable the ballot to be returned by the voter by express delivery, except that in the case of an absentee ballot of an absent uniformed services voter for a regularly scheduled general election for Federal office, the State may satisfy the requirement of this paragraph by notifying the voter of the procedures for the collection and delivery of such ballots under section 103A. . (c) Clarification of treatment of weekends Section 102(a)(8)(A) of such Act ( 42 U.S.C. 1973ff–1(a)(8)(A) ) is amended by striking the election; and inserting the following: the election (or, if the 45th day preceding the election is a weekend or legal public holiday, not later than the most recent weekday which precedes such 45th day and which is not a legal public holiday, but only if the request is received by at least such most recent weekday); . (d) Effective date The amendments made by this section shall apply with respect to elections occurring on or after January 1, 2014. 4. Establishment of alternative procedures to accept and process absentee ballots of military voters and overseas citizens in event of major disasters (a) Responsibilities of State election officials Section 102(a) of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–1(a) ) is amended— (1) by striking and at the end of paragraph (10); (2) by striking the period at the end of paragraph (11) and inserting ; and ; and (3) by adding at the end the following new paragraph: (12) establish procedures to ensure the effective and timely acceptance and processing of absentee ballots transmitted by absent uniformed services voters and overseas voters in the event of a major disaster (as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 )) in the State. . (b) Effective date The amendment made by subsection (a) shall apply with respect to elections for Federal office held on or after the date of the enactment of this Act. 5. Prohibition of refusal to accept voter registration and absentee ballot applications from overseas voters on grounds of early submission Section 104 of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–3 ) is amended— (1) by inserting or overseas voter after absent uniformed services voter ; and (2) by striking uniformed services. and inserting uniformed services or who do not reside outside the United States. . 6. Additional funding to carry out uocava (a) Funding There are authorized to be appropriated to the Presidential designee under the Uniformed and Overseas Citizens Absentee Voting Act $25,000,000 to carry out the requirements of such Act. (b) Treatment of funds Any amounts appropriated pursuant to the authorization under subsection (a)— (1) shall be in addition to any other amounts appropriated to the Presidential designee under the Uniformed and Overseas Citizens Absentee Voting Act pursuant to any other authorization under law; and (2) shall remain available until expended.

https://www.govinfo.gov/content/pkg/BILLS-113hr2168ih/xml/BILLS-113hr2168ih.xml

113-hr-2169

I 113th CONGRESS 1st Session H. R. 2169 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Higgins introduced the following bill; which was referred to the Committee on Veterans’ Affairs , and in addition to the Committee on Armed Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title 38, United States Code, to eliminate the time limitation for use of eligibility and entitlement to educational assistance under certain programs of the Department of Veterans Affairs, and for other purposes. 1. Short title This Act may be cited as the Veterans Education Flexibility Act . 2. Findings and purposes (a) Findings Congress finds the following:: (1) According to the National Survey of Veterans, Active Duty Service Members, Demobilized National Guard and Reserve Members, Family Members, and Surviving Spouses Final Report , commissioned by the Secretary of Veterans Affairs in 2010, 20.6 percent of eligible veterans—approximately 2,621,753 veterans—were unable to use their GI bill educational benefits because their period of eligibility expired. (2) The time limitations for using GI bill educational benefits do not reflect the realities of the modern economy of the United States. After leaving the service, many veterans postpone further education to join the workforce and support their families or are faced with lengthy rehabilitations from service-related injuries. (3) Access to education and job retraining has proved the arbiter of success in today’s economy, and if the United States is to lower the unemployment rate among the veteran population, the United States must provide veterans unfettered access to educational benefits. (b) Purpose The purpose of this Act is to remove the delimiting dates and retroactively restore the Department of Veterans Affairs Educational benefits within the Post-Vietnam Era Veterans’ Educational Assistance Program (VEAP), Montgomery GI Bill–Active Duty (MGIB–AD), and Post-9/11 GI Bill. 3. Elimination of time limitation for use of eligibility and entitlement to educational assistance (a) Montgomery GI Bill–Active Duty (1) In general Section 3031 of chapter 30 of title 38, United States Code, is amended to read as follows: 3031. Extension of entitlement to educational assistance expiring during a quarter or semester or after a major portion of a course is complete (a) Educational institutions operating on quarter or semester system If an individual eligible for educational assistance under this chapter is enrolled under this chapter in an educational institution regularly operated on the quarter or semester system and the period of such individual’s entitlement under this chapter would, under section 3013, expire during a quarter or semester, such period shall be extended to the end of such quarter or semester. (b) Other educational institutions If an individual eligible for educational assistance under this chapter is enrolled under this chapter in an educational institution not regularly operated on the quarter or semester system and the period of such individual’s entitlement under this chapter would, under section 3013, expire after a major portion of the course is completed, such period shall be extended to the end of the course or for 12 weeks, whichever is the lesser period of extension. . (2) Clerical amendment The table of sections at the beginning of such chapter is amended by striking the item relating to section 3031 and inserting the following new item: 3031. Extension of entitlement to educational assistance expiring during a quarter or semester or after a major portion of a course is complete. . (3) Conforming amendments Chapter 33 of title 38, United States Code, is amended— (A) in section 3018C(e)(3)(B)— (i) by striking (i) The Secretary and inserting The Secretary ; and (ii) by striking clause (ii); and (B) in section 3020— (i) in subsection (f)(1), by striking Subject to the time limitation for use of entitlement under section 3031 of this title, an and inserting An ; and (ii) in subsection (h), by striking Notwithstanding section 3031 of this title, a and inserting A . (b) Post-Vietnam Era Veterans’ Educational Assistance Program (1) In general Section 3232 of title 38, United States Code, is amended— (A) by striking subsections (a) and (b); and (B) by redesignating subsections (c) and (d) as subsections (a) and (b), respectively. (2) Conforming amendment Section 3035(b)(1) of title 38, United States Code, is amended by striking and from and all that follows through title . (c) Post-9/11 GI Bill (1) In general Section 3321 of chapter 30 of title 38, United States Code, is amended to read as follows: 3321. Extension of entitlement to educational assistance expiring during a quarter or semester or after a major portion of a course is complete Section 3031 shall apply with respect to the termination of an individual’s entitlement to educational assistance under this chapter in the same manner as such section applies to the termination of an individual’s entitlement to educational assistance under chapter 30, except that, in the administration of such section for purposes of this chapter, the reference to section 3013 shall be deemed to be a reference to section 3312 of this title. . (2) Clerical amendment The table of sections at the beginning of such chapter is amended by striking the item relating to section 3321 and inserting the following new item: 3321. Extension of entitlement to educational assistance expiring during a quarter or semester or after a major portion of a course is complete. . (3) Conforming amendments Chapter 33 of title 38, United States Code, is amended— (A) in section 3312(b), by striking 3321(b)(2) and inserting 3321 ; (B) in section 3319— (i) in subsection (f)(1), by striking Subject to and all that follows through an and inserting An ; and (ii) in subsection (h)(5)(A), by striking may use and all that follows through but . (d) Conforming amendments for reserve component programs (1) Selected reserve Section 16133(b) of title 10, United States Code, is amended— (A) in paragraph (2), by striking section 3031(f) and inserting subsections (a) and (b) of section 3031 ; and (B) in paragraph (3), by inserting , as such section existed on the day before the date of the enactment of the Veterans Education Flexibility Act, after title 38 . (2) Other reserve Components Section 16164(b)(2) of title 10, United States Code, is amended to read as follows: (2) The following provisions shall apply to the period of entitlement prescribed by paragraph (1): (A) Subsections (a) and (b) of section 3031 of title 38. (B) Subsection (d) of section 3031 of title 38, as such subsection existed on the day before the date of the enactment of the Veterans Education Flexibility Act. . (e) Applicability The amendments made by this section shall apply with respect to any individual who has been entitled to educational assistance under chapters 30, 32, or 33 of title 38, United States Code. For purposes of determining the number of months of entitlement to such educational assistance that an individual is entitled to, the Secretary of Veterans Affairs shall disregard any delimiting date eliminated by this Act that occurred before the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2169ih/xml/BILLS-113hr2169ih.xml

113-hr-2170

I 113th CONGRESS 1st Session H. R. 2170 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Holt (for himself, Mr. McDermott , Mr. Polis , Mr. Tierney , Ms. Schakowsky , Mr. McGovern , and Mr. Price of North Carolina ) 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 establish a partnership program in foreign languages. 1. Short title This Act may be cited as the Foreign Language Education Partnership Program Act . 2. Partnership program in foreign languages (a) In general Section 5494 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7259c ) is amended to read as follows: 5494. Partnership program in foreign languages (a) Purposes The purposes of this section are— (1) to provide grants for developing and maintaining model programs of articulated foreign language learning from kindergarten through grade 12 that increase the number of students graduating from high school with an advanced level of proficiency in at least one foreign language; and (2) to widely disseminate information on the model programs that demonstrate success. (b) Program authorized (1) In general From the amounts made available to carry out this section for a fiscal year, the Secretary shall make grants to eligible partnerships to develop and maintain, or to improve and expand, model programs that support articulated foreign language learning in kindergarten through grade 12. (2) Planning and development For the first 2 fiscal years that an eligible partnership receives funds under paragraph (1) for a model program on a less-commonly-taught foreign language (as determined by the Secretary), the Secretary may allow that partnership, based on demonstrated need, to use those funds for planning and development activities, including— (A) development of an articulated instructional curriculum for the less-commonly-taught foreign language to which the model program relates; (B) in-service and pre-service development of teachers, and development of curriculum and language assessments in the less-commonly-taught foreign language to which the model program relates; and (C) development of contextual programs and curriculum materials related to the less-commonly-taught foreign language to which the model program relates, as described in subsection (e). (c) Applications (1) In general Each eligible partnership desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Contents Each application shall— (A) identify each member of the partnership, provide contact information and letters of commitment for each such member, and describe the responsibilities of each such member, including— (i) identifying the member that will receive and manage the grant; (ii) specifying how each member will be involved in the planning, development, and implementation of the activities proposed under the grant; (iii) describing the resources to be provided by each member; and (iv) describing how each member will contribute to ensuring the continuity of student progress in proficiency from kindergarten through grade 12 in not less than 1 foreign language to which the program relates; (B) describe how an articulated curriculum for students to achieve an advanced level of proficiency by grade 12 in the foreign language will be developed and implemented; (C) identify target proficiency levels in the foreign language for students at critical benchmarks, and describe how progress toward those proficiency levels will be assessed at the benchmarks; (D) describe how the partnership will support and continue the program after the grant has expired, including how the partnership will seek support from other sources, such as State and local governments, foundations, and the private sector; and (E) describe what assessments will be used or, if assessments are not available, how assessments will be developed. (d) Use of funds An eligible partnership receiving a grant under this section— (1) shall use grant funds— (A) to design model programs and teaching strategies relating to not less than one foreign language that are informed by the best practices recognized by the field and by available research; (B) to develop, for the foreign language to which the model program relates, curriculum materials based on an articulated framework or approach designed to bring students to an advanced level of proficiency by grade 12; (C) to recruit students and teachers for the foreign language, such as individuals from heritage populations; and (D) to carry out teacher in-service and pre-service professional development programs, including summer institutes, that support the model programs; and (2) may be used— (A) (i) to develop nationally recognized assessments for kindergarten through grade 12 for the foreign language to which the model program relates, if such assessments do not exist for that language; or (ii) to enhance nationally recognized assessments for kindergarten through grade 12 for the foreign language to which the model program relates, if such assessments already exist for that language; (B) to provide scholarships and incentives to recruit new teachers for the foreign language, and encourage practicing teachers to take advantage of the professional development opportunities; (C) to provide opportunities for maximum foreign language exposure for students domestically, such as the creation of immersion environments in the classroom and school and on weekend or summer experiences, and special tutoring and academic support; (D) to provide the possibility for multiple entry points for studying the foreign language; (E) to provide scholarships for study-abroad opportunities related to the foreign language, for students in grades 9 through 12 and teachers and prospective teachers of such students, except that the eligible entity shall not use more than 20 percent of the grant funds for this purpose; (F) to carry out activities to integrate foreign languages into the school curriculum and generate whole-school collaboration, including activities and support for teachers of other subjects and administrators; (G) to carry out activities to encourage community involvement in the model program, especially with respect to heritage communities; (H) to incorporate effective and innovative uses of technology to enhance student learning and teaching in the foreign language; (I) to develop certification and alternative certification programs at the State level, especially for less-commonly-taught foreign languages (as determined by the Secretary); (J) to obtain technical assistance in the development and implementation of the model program funded under this section; and (K) to recruit or appoint a language supervisor to oversee and coordinate the progress of the articulated foreign language program funded under this section across grade levels in the local educational agency. (e) Contextual dimension A grant under this section may not be used to support a model program unless the program includes a dimension, carried out in conjunction with foreign language instruction, under which each foreign language learner also participates in programs to expand the understanding and knowledge of historic, geographic, cultural, economic, and other contextual factors of countries with populations who speak the foreign language to which the model program relates. (f) Research and evaluation (1) In general A grant under this section may not be used to support a model program unless the program includes a research and evaluation component, under which— (A) information is collected and analyzed regarding the effectiveness of activities carried out under the program, including— (i) program design; (ii) student and teacher recruitment strategies; (iii) curricular approaches; (iv) teacher development; and (v) foreign language assessment instruments; (B) information is collected and analyzed regarding the impact of each activity in subparagraph (A) on the foreign language proficiency of the students; (C) information is collected and analyzed regarding program participation, including data on student enrollments and numbers of foreign language teachers; and (D) the information collected, and the analyses of that information, are made widely available to the public. (2) Standardization The Secretary shall provide guidelines to standardize the categories of information collected and analyzed under paragraph (1) and the manner in which that information is collected, analyzed, and made available to the public. (g) Duration of payments (1) Initial grants An initial grant awarded under this section to an eligible partnership shall be for a period of 4 years. (2) Additional grants An eligible partnership completing a 4-year grant award under this section may be eligible for not more than 2 additional 5-year awards under this section, but only if the partnership demonstrates, based on nationally recognized standardized foreign language assessments, that the partnership's model program is effective. (h) Matching requirement (1) In general An eligible partnership that receives a grant under this section shall provide, toward the cost of carrying out the activities supported by the grant, from non-Federal sources an amount equal to–– (A) 20 percent of the amount of the grant payment for the first fiscal year for which a grant payment is made; (B) 30 percent of the amount of the grant payment for the second such fiscal year; (C) 40 percent of the amount of the grant payment for the third such fiscal year; and (D) 50 percent of the amount of the grant payment for the fourth such fiscal year, and for each year of any subsequent grants made to the eligible partnership under this section. (2) Non-federal share The non-Federal share required under paragraph (1) may be provided in cash or in-kind. (3) Waiver The Secretary may waive, in whole or in part, the matching requirement under paragraph (1) for any fiscal year if–– (A) the eligible partnership demonstrates hardship and the waiver will best serve the purposes of this section; or (B) the foreign language to which the model program relates is a less-commonly-taught foreign language (as determined by the Secretary). (i) Supplement not supplant Grant funds provided under this section shall be used to supplement, not supplant, other Federal and non-Federal funds available to carry out the activities described in this section. (j) Data collection, analysis, and dissemination (1) In general The Secretary may reserve not more than 3 percent of the total amount appropriated for this section for any fiscal year to— (A) annually collect and analyze data on the model programs supported under this section; and (B) disseminate nationally, including through a Web-based clearinghouse— (i) aggregated data collected under subparagraph (A); and (ii) promising kindergarten through grade 12 foreign language learning and teaching practices, and successful program models, that are developed under this section. (2) Authority for grants or contracts The activities described in paragraph (1) may be carried out by the Secretary directly or through grants or contracts to institutions of higher education or public or private nonprofit agencies and organizations. (k) Definitions In this section: (1) Advanced level of proficiency The term advanced level of proficiency means— (A) the advanced level as measured by the American Council on the Teaching of Foreign Languages; (B) level 2 as measured by the Interagency Language Roundtable; or (C) any other nationally recognized measure of advanced standards of foreign language proficiency, as determined by the Secretary. (2) Articulated The term articulated means that each grade level of the foreign language program is designed to sequentially expand on the student achievement of the previous level with a goal toward achieving an established level of language proficiency. (3) Eligible partnership The term eligible partnership means a partnership that— (A) shall include— (i) one or more local educational agencies or State educational agencies; and (ii) one or more institutions of higher education, which shall include— (I) a school, department, or program within the institution or institutions of higher education that provides a teacher preparation program; (II) a school, department, program, or center within the institution or institutions of higher education that provides a program of study or research in foreign languages; and (III) a school, department, program, or center within the institution or institutions of higher education that provides programs of study about the historic, geographic, cultural, economic, and other contextual factors of the world area or country with populations who speak the foreign language to which the model program relates; and (B) may also include one or more businesses or nonprofit organizations. (l) Authorization of appropriations There are authorized to be appropriated to carry out this section $50,000,000 for fiscal year 2014 and such sums as may be necessary for each of the 5 succeeding fiscal years. . (b) Findings and purposes Subpart 9 of part D of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7259 et seq.) is further amended by inserting after section 5491 the following: 5491A. Findings; purposes (a) Findings Congress finds the following: (1) According to the National Research Council in 2007, a pervasive lack of knowledge about foreign cultures and foreign languages in this country threatens the security of the United States as well as its ability to compete in the global marketplace and produce an informed citizenry. (2) According to the National Research Council in 2007, early language learning in elementary and secondary school is key to establishing a pipeline of students who can eventually reach a high enough level of proficiency in foreign language and culture to meet national needs. (3) According to the Committee for Economic Development in 2006, current efforts to develop language skills and knowledge of world regions at an early age are clearly inadequate to prepare high school graduates with the skills necessary for productivity and citizenship in an integrated global economy. (4) Research demonstrates that success lies not only in the number of years of learning but also in having carefully sequenced and articulated programs of language learning across a child’s school experience, requiring bridging the gaps between levels in foreign language education. (b) Purposes The purposes of this subpart are— (1) to provide grants for model programs that address the needs for developing, strengthening, and expanding the teaching and learning of foreign languages and foreign cultures in the elementary and secondary schools of the United States; and (2) to widely disseminate information on successful programs and practices. . (c) Technical amendments The table of contents in section 2 of such Act is amended— (1) by inserting after the item relating to section 5491 the following: Sec. 5491A. Findings; purposes. ; and (2) by striking the item relating to section 5494 and inserting the following: Sec. 5494. Partnership program in foreign languages. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2170ih/xml/BILLS-113hr2170ih.xml

113-hr-2171

I 113th CONGRESS 1st Session H. R. 2171 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Holt (for himself, Mr. Petri , Mr. Kind , and Mr. Reichert ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Employee Retirement Income Security Act of 1974 to require a lifetime income disclosure. 1. Short title This Act may be cited as the Lifetime Income Disclosure Act . 2. Disclosure regarding lifetime income (a) In general Subparagraph (B) of section 105(a)(2) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1025(a)(2) ) is amended— (1) in clause (i), by striking and at the end; (2) in clause (ii), by striking diversification. and inserting diversification, and ; and (3) by inserting at the end the following: (iii) the lifetime income disclosure described in subparagraph (D)(i). In the case of pension benefit statements described in clause (i) of paragraph (1)(A), a lifetime income disclosure under clause (iii) of this subparagraph shall only be required to be included in one pension benefit statement during any one 12-month period. . (b) Lifetime income Paragraph (2) of section 105(a) of such Act (29 U.S.C. 1025(a)) is amended by adding at the end the following: (D) Lifetime income disclosure (i) In general (I) Disclosure A lifetime income disclosure shall set forth the lifetime income stream equivalent of the total benefits accrued with respect to the participant or beneficiary. (II) Lifetime income stream equivalent of the total benefits accrued For purposes of this subparagraph, the term lifetime income stream equivalent of the total benefits accrued means the amount of monthly payments the participant or beneficiary would receive if the total accrued benefits of such participant or beneficiary were used to provide lifetime income streams described in subclause (III), based on assumptions specified in rules prescribed by the Secretary. (III) Lifetime income streams The lifetime income streams described in this subclause are a qualified joint and survivor annuity (as defined in section 205(d)), based on assumptions specified in rules prescribed by the Secretary, including the assumption that the participant or beneficiary has a spouse of equal age, and a single life annuity. Such lifetime income streams may have a term certain or other features to the extent permitted under rules prescribed by the Secretary. (ii) Model disclosure Not later than 1 year after the date of the enactment of the Lifetime Income Disclosure Act , the Secretary shall issue a model lifetime income disclosure, written in a manner so as to be understood by the average plan participant, that— (I) explains that the lifetime income stream equivalent is only provided as an illustration; (II) explains that the actual payments under the lifetime income stream described in clause (i)(III) that may be purchased with the total benefits accrued will depend on numerous factors and may vary substantially from the lifetime income stream equivalent in the disclosures; (III) explains the assumptions upon which the lifetime income stream equivalent was determined; and (IV) provides such other similar explanations as the Secretary considers appropriate. (iii) Assumptions and rules Not later than 1 year after the date of the enactment of the Lifetime Income Disclosure Act , the Secretary shall— (I) prescribe assumptions that administrators of individual account plans may use in converting total accrued benefits into lifetime income stream equivalents for purposes of this subparagraph, and (II) issue interim final rules under clause (i). In prescribing assumptions under subclause (I), the Secretary may prescribe a single set of specific assumptions (in which case the Secretary may issue tables or factors that facilitate such conversions), or ranges of permissible assumptions. To the extent that an accrued benefit is or may be invested in a lifetime income stream described in clause (i)(III), the assumptions prescribed under subclause (I) shall, to the extent appropriate, permit administrators of individual account plans to use the amounts payable under such lifetime income stream as a lifetime income stream equivalent. (iv) Limitation on liability No plan fiduciary, plan sponsor, or other person shall have any liability under this title solely by reason of the provision of lifetime income stream equivalents which are derived in accordance with the assumptions and rules described in clause (iii) and which include the explanations contained in the model lifetime income disclosure described in clause (ii). This clause shall apply without regard to whether the provision of such lifetime income stream equivalent is required by subparagraph (B)(iii). (v) Effective date The requirement in subparagraph (B)(iii) shall apply to pension benefit statements furnished more than 12 months after the latest of the issuance by the Secretary of— (I) interim final rules under clause (i); (II) the model disclosure under clause (ii); or (III) the assumptions under clause (iii). .

https://www.govinfo.gov/content/pkg/BILLS-113hr2171ih/xml/BILLS-113hr2171ih.xml

113-hr-2172

I 113th CONGRESS 1st Session H. R. 2172 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Honda (for himself, Mr. Hinojosa , and Mrs. Napolitano ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To improve quality and accountability for educator preparation programs. 1. Short title This Act may be cited as the Educator Preparation Reform Act . I Educator Quality Enhancement 101. Definitions Section 200 of the Higher Education Act of 1965 ( 20 U.S.C. 1021 ) is amended— (1) by striking paragraph (22); (2) by redesignating paragraphs (6), (7), (8) through (19), (20), (21), and (23), as paragraphs (7), (8), (10) through (21), (23), (24), and (28), respectively; (3) by inserting after paragraph (5) the following: (6) Educator The term educator means a teacher, principal, specialized instructional support personnel, or other staff member who provides or directly supports instruction, such as a school librarian, counselor, or paraprofessional. ; (4) by inserting after paragraph (8), as redesignated by paragraph (2), the following: (9) Evidence of student learning The term evidence of student learning means multiple measures of student learning that shall include the following: (A) Valid and reliable student assessment data, which may include data— (i) based on— (I) student learning gains on State student academic assessments under section 1111(b)(3) of the Elementary and Secondary Education Act of 1965; or (II) student academic achievement assessments used at the national, State, or school district levels, where available and appropriate for the curriculum and students taught; (ii) from classroom-based formative assessments; (iii) from classroom-based summative assessments; and (iv) from objective performance-based assessments. (B) Not less than one of the following additional measures: (i) Student work, including measures of performance criteria and evidence of student growth. (ii) Teacher-generated information about student goals and growth. (iii) Parental feedback about student goals and growth. (iv) Student feedback about learning and teaching supports. (v) Assessments of affective engagement and self-efficacy. (vi) Other appropriate measures as determined by the State. ; (5) by striking paragraph (12), as redesignated by paragraph (2), and inserting the following: (12) High-need local educational agency The term high-need local educational agency means a local educational agency— (A) (i) that serves not fewer than 10,000 low-income children; (ii) for which not less than 20 percent of the children served by the agency are low-income children; (iii) that meets the eligibility requirements for funding under the Small, Rural School Achievement Program under section 6211(b) of the Elementary and Secondary Education Act of 1965 or the Rural and Low-Income School Program under section 6221(b) of such Act; or (iv) that has a percentage of low-income children that is in the highest quartile among such agencies in the State; and (B) (i) for which one or more schools served by the agency is persistently low achieving; or (ii) for which one or more schools served by the agency has a high teacher turnover rate. ; (6) by striking paragraph (16), as redesignated by paragraph (2), and inserting the following: (16) Induction program The term induction program means a formalized program for new teachers and principals during not less than the first 2 years of teaching or leading a school that is designed to provide support for, improve the professional performance of, and advance the retention of beginning teachers and principals. Such program shall promote effective teaching and leadership skills and shall include the following components: (A) High-quality mentoring. (B) Periodic, structured time for collaboration and classroom observation opportunities with teachers in the same department or field, including mentor teachers, as well as time for information-sharing among teachers, principals, administrators, other appropriate educators, and participating faculty in the partner institution. (C) The application of empirically based practice and scientifically valid research on instructional practices. (D) Opportunities for new teachers and principals to draw directly on the expertise of mentors, faculty, local educational agency personnel, and researchers to support the integration of empirically based practice and scientifically valid research with practice. (E) The development of skills in instructional and behavioral interventions derived from empirically based practice, and where applicable, scientifically valid research. (F) Faculty who— (i) model the integration of research and practice in the classroom; (ii) assist new teachers and principals with the effective use and integration of technology in instruction; and (iii) demonstrate the content knowledge and pedagogical skills necessary to be effective in advancing student achievement. (G) Interdisciplinary collaboration among exemplary teachers, principals, faculty, researchers, other educators, and other staff who prepare new teachers and principals with respect to the learning process and the assessment of learning. (H) Assistance with the understanding of data, particularly student achievement data, and the application of such data in classroom instruction. (I) Regular, structured observation and evaluation of new teachers by multiple evaluators, using valid and reliable measures of teaching and leadership skills. ; (7) by inserting after paragraph (21), as redesignated by paragraph (2), the following: (22) Residency program The term residency program means a school-based educator preparation program in which a prospective teacher, principal, or other educator— (A) for 1 academic year, works alongside a mentor teacher, principal, or other educator who is the educator of record; (B) receives concurrent instruction during the year described in subparagraph (A) from the partner institution, which courses may be taught by local educational agency personnel or residency program faculty, in— (i) the teaching of the content area in which the teacher will become certified or licensed; (ii) pedagogical practices; and (iii) leadership, management, organizational, and instructional skills necessary to serve as a principal; (C) acquires effective teaching or leadership skills; and (D) prior to completion of the program, earns a master's degree or other appropriate advanced credential, attains full State teacher or leader certification or licensure, and becomes highly qualified (if applicable). ; and (8) by inserting after paragraph (24), as redesignated by paragraph (2), the following: (25) Teacher performance assessment The term teacher performance assessment means an assessment used to measure teacher performance that is approved by the State and is— (A) based on professional teaching standards; (B) used to measure the effectiveness of a teacher’s— (i) curriculum planning; (ii) instruction of students, including appropriate plans and modifications for students who are limited English proficient and students who are children with disabilities; (iii) assessment of students, including analysis of evidence of student learning; and (iv) ability to advance student learning; (C) validated based on professional assessment standards; (D) reliably scored by trained evaluators, with appropriate oversight of the process to ensure consistency; and (E) used to support continuous improvement of educator practice. (26) Teacher preparation entity The term teacher preparation entity means an institution of higher education, a nonprofit organization, for-profit organization, or other organization that is approved by the State to prepare teachers to be effective in the classroom. (27) Teacher preparation program The term teacher preparation program means a program offered by a teacher preparation entity that leads to a specific State teacher certification. . 102. Educator quality enhancement Section 201 of the Higher Education Act of 1965 ( 20 U.S.C. 1022 ) is amended— (1) in paragraph (2), by inserting , principals, and other educators after teachers each place the term appears; (2) in paragraph (3), by striking and after the semicolon; (3) by striking paragraph (4) and inserting the following: (4) recruit highly qualified individuals, including minorities and individuals from other occupations, as teachers, principals, and other educators; and ; and (4) by adding at the end the following: (5) meet the staffing needs of high-need local educational agencies and high-need schools through close partnerships with educator preparation programs within institutions of higher education. . 103. Partnership grants Section 202 of the Higher Education Act of 1965 ( 20 U.S.C. 1022a ) is amended— (1) in subsection (b)— (A) in paragraph (1), by inserting other educators, after principals, ; (B) by striking paragraph (2) and inserting the following: (2) a description of the extent to which the program to be carried out with grant funds, as described in subsection (c), will prepare prospective and new educators with strong teaching, leadership, and other professional skills necessary to increase learning and academic achievement; ; (C) in paragraph (3), by inserting , principals, and other educators after teachers ; (D) in paragraph (4)— (i) in subparagraph (A), by inserting , principal, and other educator after teacher ; and (ii) in subparagraph (B), by striking teacher and inserting educator ; (E) in paragraph (6)— (i) by striking subparagraph (F) and inserting the following: (F) how the partnership will prepare educators to teach and work with students with disabilities, including training related to participation as a member of individualized education program teams, as defined in section 614(d)(1)(B) of the Individuals with Disabilities Education Act; ; (ii) by striking subparagraph (G) and inserting the following: (G) how the partnership will prepare educators to teach and work with students who are limited English proficient; ; (iii) by striking subparagraph (H) and inserting the following: (H) how faculty at the partner institution will work, during the term of the grant, with mentor educators in the classrooms and administrators of high-need schools served by the high-need local educational agency in the partnership to— (i) provide high-quality professional development activities to strengthen the content knowledge and teaching skills of elementary school and secondary school teachers and other educators, including multi-tiered systems of support and universal design for learning; (ii) train other classroom teachers, principals, school librarians, and other educators to implement literacy programs that incorporate the essential components of reading and writing instruction; and (iii) provide high-quality professional development activities to strengthen the instructional and leadership skills of elementary school and secondary school principals and district superintendents, if the partner institution has a principal preparation program; ; (iv) in subparagraph (I), by striking teaching and inserting educator ; and (v) in subparagraph (K), by striking teachers and inserting educators ; and (F) by striking paragraph (7) and inserting the following: (7) with respect to the induction program required as part of the activities carried out under this section— (A) a description of how the schools and departments within the institution of higher education that are part of the induction program will effectively prepare educators, including providing content expertise and expertise in teaching and leadership, as appropriate; (B) a description of the eligible partnership's capacity to use empirically based practice and scientifically valid research on teaching and learning; (C) a description of how the educator preparation program will design and implement an induction program to support all new educators who are prepared by the educator preparation program in the partnership and who are employed in the high-need local educational agency in the partnership, and, to the extent practicable, all new educators who teach in such high-need local educational agency; and (D) a description of how higher education faculty involved in the induction program will be able to substantially participate in an early childhood education program or an elementary school or secondary school classroom setting, as applicable. ; (2) by striking subsection (c) and inserting the following: (c) Use of grant funds An eligible partnership that receives a grant under this section— (1) shall use grant funds to carry out a program for the pre-baccalaureate or post-baccalaureate preparation of teachers under subsection (d), a teaching or principal residency program under subsection (e), or a combination of such programs; and (2) may use funds to carry out other educator development programs under subsection (f), based upon the results of the needs assessment in subsection (b)(1). ; (3) by striking subsection (e) and inserting the following: (e) Partnership Grants for the Establishment of Teaching and Principal Residency Programs (1) In general An eligible partnership receiving a grant to carry out an effective teaching or principal residency program shall carry out a program that includes the following activities: (A) For teaching residency programs An eligible partnership carrying out a teaching residency program shall carry out both of the following activities: (i) Supporting a teaching residency program described in paragraph (2) for high-need schools and in high-need subjects and areas, as determined by the needs of the high-need local educational agency in the partnership. (ii) Placing graduates of the teaching residency program in cohorts that facilitate professional collaboration, both among graduates of the residency program and between such graduates and mentor teachers in the receiving school. (B) For principal residency programs An eligible partnership carrying out a principal residency program shall support a program described in paragraph (3) for high-need schools, as determined by the needs of the high-need local educational agency in the partnership. (2) Teacher residency programs (A) Establishment and design A teaching residency program under this paragraph shall be a program based upon models of successful teaching residencies that serves as a mechanism to prepare teachers for success in high-need schools in the eligible partnership and shall be designed to include the following characteristics of successful programs: (i) The integration of pedagogy, classroom practice and teacher mentoring. (ii) The exposure to principles of child development as well as understanding and applying principles of learning and behavior. (iii) Engagement of teaching residents in rigorous graduate-level coursework to earn a master’s degree while undertaking a guided teaching apprenticeship. (iv) Experience and learning opportunities alongside a trained and experienced mentor teacher— (I) whose teaching shall complement the residency program so that school-based clinical practice is tightly aligned with coursework; (II) who shall have extra responsibilities as a teacher leader of the teaching residency program, as a mentor for residents, and as a teacher coach during the induction program for new teachers, and for establishing, within the program, a learning community in which all individuals are expected to continually improve their capacity to advance student learning; and (III) who may be relieved from teaching duties or may be offered a stipend as a result of such additional responsibilities. (v) The establishment of clear criteria for the selection of mentor teachers based on the appropriate subject area knowledge and measures of teacher effectiveness, which shall be based on, but not limited to, observations of the following: (I) Planning and preparation, including demonstrated knowledge of content, pedagogy, and assessment, including the use of formative, summative, and diagnostic assessments to improve student learning. (II) Appropriate instruction that engages all students. (III) Collaboration with colleagues to improve instruction. (IV) Analysis of evidence of student learning. (vi) The development of admissions goals and priorities— (I) that are aligned with the hiring objectives of the local educational agency partnering with the program, as well as the instructional initiatives and curriculum of such agency to hire qualified graduates from the teaching residency program; and (II) which may include consideration of applicants who reflect the communities in which they will teach as well as consideration of individuals from underrepresented populations in the teaching profession. (vii) Support for residents once such residents are hired as the teachers of record, through an induction program, professional development, and networking opportunities to support the residents through not less than the residents’ first 2 years of teaching. (B) Selection of individuals as teacher residents (i) Eligible individual In order to be eligible to be a teacher resident in a teacher residency program under this paragraph, an individual shall— (I) be a recent graduate of a 4-year institution of higher education or a mid-career professional possessing strong content knowledge of a record of professional accomplishment; and (II) submit an application to the residency program. (ii) Selection criteria An eligible partnership carrying out a teaching residency program under this subsection shall establish criteria for the selection of eligible individuals to participate in the teaching residency program based on the following characteristics: (I) Strong content knowledge or record of accomplishment in the field or subject area to be taught. (II) Strong verbal and written communication skills, which may be demonstrated by performance on appropriate assessments. (III) Other attributes linked to effective teaching, which may be determined by interviews or performance assessments, as specified by the eligible partnership. (3) Principal residency programs (A) Establishment and design A principal residency program under this paragraph shall be a program based upon models of successful principal residencies that serve as a mechanism to prepare principals for success in high-need schools in the eligible partnership and shall be designed to include the following characteristics of successful programs: (i) Engagement of principal residents in rigorous graduate-level coursework to earn an appropriate advanced credential while undertaking a guided principal apprenticeship. (ii) Experience and learning opportunities alongside a trained and experienced mentor principal— (I) whose mentoring shall be based on standards of effective mentoring practice and shall complement the residence program so that school-based clinical practice is tightly aligned with coursework; and (II) who may be relieved from some portion of principal duties or may be offered a stipend as a result of such additional responsibilities. (iii) The establishment of clear criteria for the selection of mentor principals, which may be based on observations of the following: (I) Demonstrating awareness of, and having experience with, the knowledge, skills, and attitudes to— (aa) establish and maintain a professional learning community that effectively extracts information from data to improve the school culture and personalize instruction for all students to result in improved student achievement; (bb) create and maintain a learning culture within the school that provides a climate conducive to the development of all members of the school community, including one of continuous learning for adults tied to student learning and other school goals; (cc) engage in continuous professional development, utilizing a combination of academic study, developmental simulation exercises, self-reflection, men­tor­ship, and internship; (dd) understand youth development appropriate to the age level served by the school, and use this knowledge to set high expectations and standards for the academic, social, emotional, and physical development of all students; and (ee) actively engage the community to create shared responsibility for student academic performance and successful development. (II) Planning and articulating a shared and coherent schoolwide direction and policy for achieving high standards of student performance. (III) Identifying and implementing the activities and rigorous curriculum necessary for achieving such standards of student performance. (IV) Supporting a culture of learning, collaboration, and professional behavior and ensuring quality measures of instructional practice. (V) Communicating and engaging parents, families, and other external communities. (VI) Collecting, analyzing, and utilizing data and other evidence of student learning and evidence of classroom practice to guide decisions and actions for continuous improvement and to ensure performance accountability. (iv) The development of admissions goals and priorities— (I) that are aligned with the hiring objectives of the local educational agency partnering with the program, as well as the instructional initiatives and curriculum of such agency to hire qualified graduates from the principal residency program; and (II) which may include consideration of applicants who reflect the communities in which they will serve as well as consideration of individuals from underrepresented populations in school leadership positions. (v) Support for residents once such residents are hired as principals, through an induction program, professional development to support the knowledge and skills of the principal in a continuum of learning and content expertise in developmentally appropriate or age-appropriate educational practices, and networking opportunities to support the residents through not less than the residents’ first 2 years of serving as principal of a school. (B) Selection of individuals as principal residents (i) Eligible individual In order to be eligible to be a principal resident in a principal residency program under this paragraph, an individual shall— (I) have prior prekindergarten through grade 12 teaching experience; (II) have experience as an effective leader, manager, and written and oral communicator; and (III) submit an application to the residency program. (ii) Selection criteria An eligible partnership carrying out a principal residency program under this subsection shall establish criteria for the selection of eligible individuals to participate in the principal residency program based on the following characteristics: (I) Strong instructional leadership skills in an elementary school or secondary school setting. (II) Strong verbal and written communication skills, which may be demonstrated by performance on appropriate assessments. (III) Other attributes linked to effective leadership, such as sound judgment, organizational capacity, collaboration, and openness to continuous learning, which may be determined by interviews or performance assessment, as specified by the eligible partnership. (4) Stipends or salaries; applications; agreements; repayments (A) Stipends or salaries A teaching or principal residency program under this subsection— (i) shall provide a 1-year living stipend or salary to teaching or principal residents during the 1-year teaching or principal residency program; and (ii) may provide a stipend to a mentor teacher or mentor principal. (B) Applications for stipends or salaries Each teacher or principal residency candidate desiring a stipend or salary during the period of residency shall submit an application to the eligible partnership at such time, and containing such information and assurances, as the eligible partnership may require. (C) Agreements to serve Each application submitted under subparagraph (B) shall contain or be accompanied by an agreement that the applicant will— (i) serve as a full-time teacher or principal for a total of not less than 3 academic years immediately after successfully completing the 1-year teaching or principal residency program; (ii) fulfill the requirement under clause (i)— (I) by teaching or serving as a principal in a high-need school served by the high-need local educational agency in the eligible partnership and, if a teacher, teaching a subject or area that is designated as high need by the partnership; or (II) if there is no appropriate position available in a high-need school served by the high-need local educational agency in the eligible partnership, by teaching or serving as a principal in any other high-need school; (iii) provide to the eligible partnership a certificate, from the chief administrative officer of the local educational agency in which the resident is employed, of the employment required under clauses (i) and (ii) at the beginning of, and upon completion of, each year or partial year of service; (iv) for teacher residents, meet the requirements to be a highly qualified teacher, as defined in section 9101 of the Elementary and Secondary Education Act of 1965, or section 602 of the Individuals with Disabilities Education Act, when the applicant begins to fulfill the service obligation under this clause; and (v) comply with the requirements set by the eligible partnership under subparagraph (D) if the applicant is unable or unwilling to complete the service obligation required by this subparagraph. (D) Repayments (i) In general An eligible partnership carrying out a teaching or principal residency program under this subsection shall require a recipient of a stipend or salary under subparagraph (A) who does not complete, or who notifies the partnership that the recipient intends not to complete, the service obligation required by subparagraph (C) to repay such stipend or salary to the eligible partnership, together with interest, at a rate specified by the partnership in the agreement, and in accordance with such other terms and conditions specified by the eligible partnership, as necessary. (ii) Other terms and conditions Any other terms and conditions specified by the eligible partnership may include reasonable provisions for prorata repayment of the stipend or salary described in subparagraph (A) or for deferral of a teaching resident's service obligation required by subparagraph (C), on grounds of health, incapacitation, inability to secure employment in a school served by the eligible partnership, being called to active duty in the Armed Forces of the United States, or other extraordinary circumstances. (iii) Use of repayments An eligible partnership shall use any repayment received under this subparagraph to carry out additional activities that are consistent with the purposes of this section. ; (4) by striking subsection (f) and inserting the following: (f) Partnership grants for educator development An eligible partnership that receives a grant under this section may carry out effective educator development programs for other educators besides teachers and principals based on the needs identified in subsection (b)(1) that may include the following activities: (1) Implementing curriculum changes that improve, evaluate, and assess how well prospective and new educators develop instructional skills. (2) Preparing educators to use empirically based practice and scientifically valid research, where applicable. (3) Providing pre-service clinical experience. (4) Creating induction programs for new educators. (5) Aligning recruitment and admissions goals and priorities with the hiring objectives of the high-need local educational agency in the eligible partnership. (6) Professional development and training for mentor teachers and principals. ; and (5) by adding at the end the following: (l) Continuation of awards Notwithstanding any other provision of law, from funds appropriated to carry out this part, the Secretary shall continue to fund any multiyear grant awarded under this part (as such provisions were in effect on the day before the date of enactment of the Educator Preparation Reform Act ), for the duration of such multiyear grant in accordance with its terms. . 104. Administrative provisions Section 203 of the Higher Education Act of 1965 ( 20 U.S.C. 1022b ) is amended— (1) in subsection (a), by striking paragraph (2) and inserting the following: (2) Number of awards An eligible partnership may not receive more than 1 grant during a 5-year period, except such partnership may receive an additional grant during such period if such grant is used to establish a teacher or principal residency program if such residency program was not established with the prior grant. Nothing in this title shall be construed to prohibit an individual member, that can demonstrate need, of an eligible partnership that receives a grant under this title from entering into another eligible partnership consisting of new members and receiving a grant with such other eligible partnership before the 5-year period described in the preceding sentence applicable to the eligible partnership with which the individual member has first partnered has expired. ; and (2) in subsection (b)(2)(A), by striking teacher preparation program and inserting teacher education program or educator development program . 105. Accountability and evaluation Section 204(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1022c(a) ) is amended to read as follows (a) Eligible partnership evaluation Each eligible partnership submitting an application for a grant under this part shall establish, and include in such application, an evaluation plan that includes strong and measurable performance objectives. The plan shall include objectives and measures for— (1) achievement for all prospective and new educators as measured by the eligible partnership; (2) educator retention in the first 3 years; (3) pass rates and scaled scores for initial State certification or licensure of teachers or pass rates and average scores on valid and reliable teacher performance assessments; and (4) (A) the percentage of highly qualified teachers, principals, and other educators hired by the high-need local educational agency participating in the eligible partnership; (B) the percentage of highly qualified teachers, principals, and other educators hired by the high-need local educational agency who are members of underrepresented groups; (C) the percentage of highly qualified teachers hired by the high-need local educational agency who teach high-need academic subject areas (such as reading, mathematics, science, and foreign language, including less commonly taught languages and critical foreign languages); (D) the percentage of highly qualified teachers hired by the high-need local educational agency who teach in high-need areas (including special education, bilingual education, language instruction educational programs for limited English proficient students, and early childhood education); (E) the percentage of highly qualified teachers and other educators hired by the high-need local educational agency who teach in high-need schools, disaggregated by the elementary school and secondary school levels; (F) as applicable, the percentage of early childhood education program classes in the geographic area served by the eligible partnership taught by early childhood educators who are highly competent; and (G) as applicable, the percentage of educators trained to— (i) integrate technology effectively into curricula and instruction, including technology consistent with the principles of universal design for learning; and (ii) use technology effectively to collect, manage, and analyze data to improve teaching and learning for the purpose of improving student learning outcomes. . 106. Accountability for programs that prepare teachers Section 205 of the Higher Education Act of 1965 ( 20 U.S.C. 1022d ) is amended— (1) in subsection (a)— (A) by striking the subsection heading and inserting Teacher Preparation Entity Report Cards ; and (B) by striking paragraph (1) and inserting the following: (1) Report card Each teacher preparation entity approved to operate teacher preparation programs in the State and that receives or enrolls students receiving Federal assistance shall report annually to the State and the general public, in a uniform and comprehensible manner that conforms with the definitions and methods established by the Secretary, the following: (A) Goals and assurances (i) For the most recent year for which the information is available for the entity whether the goals set under section 206 have been met. (ii) A description of the steps the entity is taking to improve its performance in meeting the annual goals set under section 206. (iii) A description of the activities the entity has implemented to meet the assurances provided under section 206. (B) Pass rates and scaled scores For the most recent year for which the information is available the following: (i) Except as provided in clause (ii), for those students who took the assessments used for teacher certification or licensure by the State in which the entity is located and are enrolled in the teacher preparation program or, and for those who have taken such assessments and have completed the teacher preparation program during the two-year period preceding such year, for each of such assessments— (I) the percentage of all students who passed such assessment; (II) the percentage of students who have taken such assessment who enrolled in and completed the teacher preparation program; and (III) the average scaled score for all students who took such assessment. (ii) In the case of an entity that requires a valid and reliable teacher performance assessment in order to complete the preparation program, the entity may submit in lieu of the information described in clause (i) the pass rate and average score of students taking the teacher performance assessment, disaggregated by subject area, race, ethnicity, and gender, except that such disaggregation shall not be required in a case in which the result would reveal personally identifiable information about an individual student. (C) Entity information A description of the following: (i) The median grade point average and range of grade point averages for admitted students. (ii) The number of students in the entity (disaggregated by race, ethnicity, and gender). (iii) The number of hours and types of supervised clinical preparation required. (iv) The total number of students who have completed programs for certification or licensure (disaggregated by subject area). (D) Accreditation Whether the program is accredited by a specialized accrediting agency recognized by the Secretary for accreditation of professional teacher education programs. (E) Designation as low-performing Whether the program has been designated as low-performing by the State under section 207(a). ; and (2) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (A), by inserting , including teacher performance assessments after State ; (ii) by striking subparagraph (D) and inserting the following: (D) (i) Except as provided in clause (ii), for each of the assessments used by the State for teacher certification or licensure— (I) the percentage of all such students in all such programs and entities who have taken the assessment who pass such assessment; (II) the percentage of students who have taken the assessment who enrolled in and completed a teacher preparation program; and (III) the average scaled score of individuals participating in such a program, or who have completed such a program during the two-year period preceding the first year for which the annual State report card is provided, who took each such assessment. (ii) In the case of a State that has implemented a valid and reliable teacher performance assessment, the State may submit in lieu of the information described in clause (i) the pass rate and average score of students taking the teacher performance assessment, disaggregated by subject area, race, ethnicity, and gender, except that such disaggregation shall not be required in a case in which the result would reveal personally identifiable information about an individual student. ; (iii) by striking subparagraph (G) and inserting the following: (G) For each teacher preparation program in the State the following: (i) The median grade point average and range of grade point averages for admitted students. (ii) The number of students in the program (disaggregated by race, ethnicity, and gender). (iii) The number of hours and types of supervised clinical preparation required. ; (iv) by striking subparagraph (H) and inserting the following: (H) For the State as a whole, and for each teacher preparation entity in the State, the number of teachers prepared, in the aggregate and reported separately by the following: (i) Area of certification or licensure. (ii) Academic major. (iii) Subject area for which the teacher has been prepared to teach. (iv) The relationship of the subject area and grade span of teachers graduated by the teacher preparation entity to the teacher workforce needs of the State. (v) The percentage of teachers graduated teaching in high-need schools. ; (v) by striking subparagraphs (I), (J), (K), and (L); and (vi) by adding at the end the following: (I) The capacity of the statewide longitudinal data system to report valid and reliable outcome data on the graduates of teacher preparation entities in the State and where available the results of such data on the following: (i) Evidence of student learning, including information on the academic performance of students with disabilities and limited English proficient students taught by graduates of teacher preparation entities in the State by subject area and grade. (ii) Job placement of program completers within 12 months of graduation. (iii) Retention of program completers in teaching after 3 years. (iv) Other outcome indicators, such as average results from teacher evaluations. ; and (B) by adding at the end the following: (3) No requirement for reporting on students not residing in the State Nothing in this section shall require a State to report data on program completers who do not reside in such State. . 107. Teacher development Section 206 of the Higher Education Act of 1965 ( 20 U.S.C. 1022e ) is amended— (1) in subsection (a), by striking Each institution and all that follows through under this Act, and inserting Each teacher preparation entity that enrolls students receiving Federal assistance under this Act, or receives other Federal funding to support its teacher preparation programs, ; (2) in subsection (b)— (A) in the matter preceding paragraph (1), by striking institution and inserting entity ; (B) in paragraph (1), by striking institution's and inserting entity's ; and (C) by striking paragraph (3) and inserting the following: (3) prospective teachers receive— (A) coursework and training in providing instruction in core academic subjects; (B) training in providing instruction to diverse populations, including children with disabilities, limited English proficient students, gifted students, and children from low-income families; and (C) training on how to effectively teach in urban and rural schools, as applicable. ; and (3) in subsection (c), by striking institution and inserting entity . 108. State functions Section 207 of the Higher Education Act of 1965 ( 20 U.S.C. 1022f ) is amended to read as follows: 207. State functions (a) State assessment (1) In general In order to receive funds under this Act, a State shall conduct an assessment to identify at-risk and low-performing teacher preparation programs in the State and to assist such programs through the provision of technical assistance. (2) Provision of low performing list Each State described in paragraph (1) shall— (A) provide the Secretary with an annual list of low-performing teacher preparation programs and an identification of those programs at risk of being placed on such list, as applicable; (B) report any teacher preparation program that has been closed and the reasons for such closure; and (C) describe the assessment, described in paragraph (1), in the report under section 205(b). (3) Determination of at risk and low-performing programs The levels of performance and the criteria for meeting those levels for purposes of the assessment under paragraph (1) shall be determined by the State in consultation with a representative group of community stakeholders, including, at a minimum, representatives of leaders and faculty of traditional and alternative route teacher preparation programs, pre-kindergarten through 12th grade leaders and instructional staff, current teacher candidates participating in traditional and alternative route teacher preparation programs, the State’s standards board or other appropriate standards body, and other stakeholders identified by the State. In making such determination, the State shall consider multiple measures and the information reported by teacher preparation entities under section 205. (b) Reporting and improvement In order to receive funds under this Act, a State shall— (1) report any programs described in subsection (a) to the Secretary; (2) establish a period of improvement and redesign (as established by the State) for programs identified as at-risk under subsection (a); (3) provide programs identified as at-risk under subsection (a) with technical assistance for a period of not longer than 3 years; (4) identify at-risk programs as low-performing if there is not sufficient improvement following the period of technical assistance provided by the State; and (5) subject low-performing programs to the provisions described in subsection (c) (as determined by the State) not later than 1 year after the date of such identification as a low-performing program. (c) Termination of eligibility Any teacher preparation program that is projected to close— (1) shall be ineligible for any funding for professional development activities awarded by the Department; (2) may not be permitted to provide new awards under subpart 9 of part A of title IV; and (3) shall provide transitional support, including remedial services if necessary, for students enrolled in the program in the year prior to such closure. (d) Application of the requirements The requirements of this section shall apply to both traditional teacher preparation programs and alternative routes to State certification and licensure programs. . 109. Authorization of appropriations Section 209 of the Higher Education Act of 1965 ( 20 U.S.C. 1022h ) is amended— (1) by striking 2009 and inserting 2014 ; and (2) by striking two and inserting 5 . II Partnerships with higher education to improve teacher preparation programs 201. State use of funds Section 2113 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6613 ) is amended— (1) in subsection (a)(2) by striking to make subgrants and all that follows and inserting for activities consistent with subpart 3; and ; and (2) by adding at the end the following: (g) Additional activities The State educational agency for a State that receives a grant under section 2111 shall assist the State higher education agency (if the State higher education agency is not the State educational agency) in conducting the activities described under subpart 3. (h) Activities related to the Higher Education Act A State that receives a grant under section 2111 shall— (1) apply the requirements of section 207 of the Higher Education Act of 1965 to all teacher preparation programs in the State, including programs operated by institutions of higher education (whether such institutions are public, private, or for-profit), and any other program in the State which provides teacher preparation; and (2) develop and solicit public comment on criteria used to assess or identify low-performing teacher preparation programs under section 207 of the Higher Education Act of 1965 (including any criteria in existence on the day before the date of enactment of the Educator Preparation Reform Act ) and make any such criteria publicly available. (i) Criteria The criteria described under subsection (h)(2) shall— (1) include multiple measures of performance of individual teachers, such as teacher and principal evaluation, student satisfaction, and evidence of student learning; and (2) consider information reported by teacher preparation entities under section 205 of the Higher Education Act of 1965. (j) Withholding of State administrative funds The Secretary may withhold administrative funds provided to States under this Act if a State fails to develop, implement, and publicly disclose its criteria for low-performing and at-risk teacher preparation programs. . 202. State Agency for Higher Education Subpart 3 of part A of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6631 et seq.) is amended to read as follows: 3 State educational agency or State agency for higher education grants 2131. Grants (a) In general The State agency for higher education for a State that receives a grant under section 2111, working in conjunction with the State educational agency (if such agencies are separate), shall use the funds reserved under section 2113(a)(2) to carry out the activities described in section 2133, either directly or through subgrants to eligible entities, as described in this subpart. (b) Distribution In making subgrants to eligible entities under this subpart, the State agency for higher education shall ensure that such subgrants are equitably distributed by geographic area within the State. 2132. Applications If the State agency for higher education makes subgrants under this subpart to carry out the activities described in section 2133, to be eligible to receive a subgrant, an eligible entity shall submit an application to the State agency for higher education at such time, in such manner, and containing such information as the agency may require. 2133. Use of funds and withholding (a) In general (1) Required uses of funds In using the funds reserved under section 2113(a)(2), the State agency for higher education shall, directly or through subgrants to eligible entities, use such funds for the following activities: (A) Providing technical assistance to and closing low-performing teacher preparation programs, as identified under section 207 of the Higher Education Act of 1965, under which the State agency for higher education shall— (i) assist teacher preparation programs that are at risk of being identified as low performing, or have been identified as low performing, under such section, through— (I) technical assistance designed to identify the reasons such programs are at risk of being identified, or have been identified, as low performing; (II) the development of an improvement plan to address the reasons identified under subclause (I); (III) technical assistance to implement the plan described under subclause (II); and (IV) other such assistance that responds to the reasons for such identification; and (ii) if such a program described under clause (i) is identified as low performing after such technical assistance and a period of time for program improvement (as determined by the State), terminate the eligibility of such a program as described in section 207 of the Higher Education Act of 1965 or if the State agency for higher education does not oversee such program, assisting such other State agency in terminating such eligibility. (B) Developing a system for assessing the quality and effectiveness of professional development offered throughout the State (in conjunction with the appropriate State agency, if an agency other than the State agency for higher education is responsible for professional development of teachers in such State). (2) Allowable uses of funds In using the funds reserved under section 2113(a)(2), the State agency for higher education may, directly or through subgrants to eligible entities, use such funds for the following activities: (A) Developing and implementing a valid and reliable teacher performance assessment for use by— (i) institutions of higher education and other providers of teacher preparation in the State in assessing the effectiveness of graduates of teacher preparation programs; (ii) a State educational agency (or other State agency if such agency is responsible under State law for certification or licensure of teachers in such State) in determining any certification or licensure, including certification through alternative routes and full State certification or licensure; or (iii) a local educational agency to inform hiring decisions, induction, and mentoring programs, and to facilitate the alignment of such performance assessments to the criteria used in teacher evaluations. (B) Professional development activities in core academic subjects to ensure that— (i) teachers and highly qualified paraprofessionals, and, if appropriate, principals have subject matter knowledge in the academic subjects that the individuals teach, including the use of computer related technology to enhance student learning; and (ii) principals have the instructional leadership skills that will help such principals work most effectively with teachers to help students master core academic subjects. (C) Developing and providing assistance to local educational agencies and individuals who are teachers, highly qualified paraprofessionals, or principals of schools served by such agencies, for sustained, high-quality professional development activities that— (i) ensure that the individuals are able to use challenging State academic content standards and student academic achievement standards, and State assessments, to improve instructional practices and improve student academic achievement; (ii) may include intensive programs designed to prepare such individuals who will return to a school to provide instruction related to the professional development described in clause (i) to other such individuals within such school; and (iii) may include activities of partnerships between one or more local educational agencies, one or more schools served by such local educational agencies, and one or more institutions of higher education for the purpose of improving teaching and learning at low-performing schools. (b) Withholding In any fiscal year, if a State does not meet the requirements of section 207 of the Higher Education Act of 1965, including any requirements described under this part related to such section 207, the Secretary shall withhold a portion of the administrative funds that would be allocated to such State under this Act. 2134. Rule of construction Nothing in this subpart shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded to the employees of local educational agencies under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers. 2135. Definition of eligible entity In this subpart, the term eligible entity means— (1) an institution of higher education, as defined in section 101(a) of the Higher Education Act of 1965; (2) a local educational agency; (3) a school or college of education; (4) a nonprofit organization; or (5) a partnership of any of the entities described in paragraphs (1) through (4). . III Amendments to the Teach Grants 301. Program established Section 420M of the Higher Education Act of 1965 ( 20 U.S.C. 1070g–1 ) is amended by adding at the end the following: (e) Programs projected To close An institution of higher education that offers a teacher preparation program that is projected to close— (1) may not provide new awards under this subpart; and (2) shall provide transitional support, including remedial services if necessary, for students enrolled in the program in the year prior to such closure. . 302. Applications; eligibility Section 420N of the Higher Education Act of 1965 ( 20 U.S.C. 1070g–2 ) is amended— (1) in subsection (a)(2)— (A) in subparagraph (A), by striking clause (iii) and inserting the following: (iii) the student is completing the third, fourth, or fifth year of a program of undergraduate education or a program of postbaccalaureate education, necessary to begin a career in teaching; or ; and (B) in subparagraph (B), by striking clause (ii) and inserting the following: (ii) the applicant is or was a teacher who is using alternative certification routes that have not been identified as low performing or at risk by the State. ; and (2) in subsection (b), by striking paragraph (2) and inserting the following: (2) in the event that the applicant is determined to have failed or refused to carry out such service obligation, the sum of the amounts of any TEACH Grants received by such applicant, pro-rated by the percentage of service obligation that has not been met, will be treated as a loan and collected from the applicant in accordance with subsection (c) and regulations thereunder; and .

https://www.govinfo.gov/content/pkg/BILLS-113hr2172ih/xml/BILLS-113hr2172ih.xml

113-hr-2173

I 113th CONGRESS 1st Session H. R. 2173 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Honda (for himself and Mrs. Napolitano ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To improve teacher quality, and for other purposes. 1. Short title This Act may be cited as the Effective Teaching and Leading Act . 2. Findings and purposes (a) Findings Congress finds the following: (1) Teacher quality is the single most important in-school factor influencing student learning and achievement. (2) A 2003 study by Richard Ingersoll found that new teachers, not just those in hard-to-staff schools, face such challenging working conditions that nearly one-half leave the profession within their first 5 years, one-third leave within their first 3 years, and 14 percent leave by the end of their first year. (3) A report by the National Commission on Teaching and America’s Future estimated that the nationwide cost of replacing public school teachers who have dropped out of the profession is $7,300,000,000 annually. (4) A randomized controlled trial of comprehensive teacher induction, sponsored by the Institute of Education Sciences found that beginning teachers who received 2 years of induction support produced greater student learning gains as a result, the equivalent of a student moving from the 50th to 58th percentile in mathematics achievement and from the 50th to 54th percentile in reading achievement. (5) Research by Thomas Smith, Richard Ingersoll, Michael Strong, Anthony Villar, and Jonah Rockoff has shown that comprehensive mentoring and induction reduces teacher attrition by as much as one-half and strengthens new teacher effectiveness. (6) A recent School Redesign Network at Stanford University and National Staff Development Council report by Linda Darling-Hammond, Ruth Chung Wei, Alethea Andree, Nikole Richardson, and Stelios Orphanos found that— (A) a set of programs that offered substantial contact hours of professional development (ranging from 30 to 100 hours in total) spread over 6 to 12 months showed a positive and significant effect on student achievement gains; and (B) intensive professional development, especially when it includes applications of knowledge to teachers’ planning and instruction, has a greater chance of influencing teacher practices, and in turn, leading to gains in student learning, and such intensive professional development has shown a positive and significant effect on student achievement gains, in some cases by approximately 21 percentile points. (7) Teachers can acquire and use new knowledge and skills in their instruction when provided with adequate opportunities to learn, according to Student Achievement Through Staff Development published by ASCD, which found that more than 90 percent of participants attained skill proficiency if it includes theory presentation, demonstration, practice, and peer coaching. (8) Recent reports from the Center for American Progress, Education Sector, Hope Street Group, and the New Teacher Project have collectively demonstrated the significant flaws in current teacher evaluation and implementation, and the necessity for redesigning these systems and linking such evaluation to individualized feedback and substantive targeted support in order to ensure effective teaching. (9) Research by Kenneth Leithwood, Karen Seashore Louis, Stephen Anderson, and Kyla Wahlstrom found that— (A) leadership is second only to classroom instruction among school-related factors that influence student outcomes; and (B) direct and indirect leadership effects account for about one-quarter of total school effects on student learning. (10) Research by Charles Clotfelter, Helen Ladd, Kenneth Leithwood, Anthony Milanowski, and the New Teacher Center has shown that the quality of working conditions, particularly supportive school leadership, impacts student academic achievement and teacher recruitment, retention, and effectiveness. (11) Since 1965, more than 60 education and library studies have produced clear evidence that school libraries staffed by qualified librarians have a positive impact on student academic achievement, with a recent analysis of reading scores from 2004–2009 showing that fewer librarians translated to lower performance, or a slower rise in scores, on standardized tests. (b) Purposes The purposes of this Act are to build capacity for developing effective teachers and principals in our Nation’s schools through— (1) the redesign of teacher and principal evaluation and assessment systems; (2) comprehensive, high-quality, rigorous, multi-year induction and mentoring programs for beginning teachers, principals, and other school leaders; (3) systematic, sustained, and coherent professional development for all teachers that is team-based and job-embedded; (4) systematic, sustained, and coherent professional development for school principals, other school leaders, school librarians, paraprofessionals, and other staff; and (5) increased teacher leadership opportunities, including compensation for teacher leaders who take on new roles in providing school-based professional development, mentoring, rigorous evaluation, and instructional coaching. 3. Definitions Section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ) is amended— (1) by striking paragraph (34) and inserting the following: (34) Professional development The term professional development means comprehensive, sustained, and intensive support, provided for teachers, principals, school librarians, other school leaders, and other instructional staff, that— (A) fosters collective responsibility for improved student learning; (B) is designed and implemented in a manner that increases teacher, principal, school librarian, other school leader, paraprofessional, and other instructional staff effectiveness in improving student learning and strengthening classroom practice; (C) analyzes and uses— (i) real-time data and information collected from— (I) evidence of student learning; (II) evidence of classroom practice; and (III) the State’s longitudinal data system; and (ii) other relevant data collected by the school or local educational agency; (D) is aligned with— (i) rigorous State student academic achievement standards developed under section 1111(b)(1); (ii) related academic and school improvement goals of the school, local educational agency, and statewide curriculum; (iii) statewide and local curricula; and (iv) rigorous standards of professional practice and development; (E) includes frequently scheduled, significant blocks of time during the regular school day among established collaborative teams of teachers, principals, school librarians, other school leaders, and other instructional staff, by grade level and content area (to the extent applicable and practicable), which teams engage in a continuous cycle of professional learning and improvement that— (i) identifies, reviews, and analyzes— (I) evidence of student learning; and (II) evidence of classroom practice; (ii) defines a clear set of educator learning goals to improve student learning and strengthen classroom practice based on the rigorous analysis of evidence of student learning and evidence of classroom practice; (iii) develops and implements coherent, sustained, and evidenced-based professional development strategies to meet such goals (including through instructional coaching, lesson study, and study groups organized at the school, team, or individual levels); (iv) provides learning opportunities for teachers to collectively develop and refine student learning goals and the teachers' instructional practices and the use of formative assessment; (v) provides an effective mechanism to support the transfer of new knowledge and skills to the classroom (including utilizing teacher leaders, instructional coaches, school librarians, and content experts to support such transfer); and (vi) provides opportunities for follow-up, observation, and formative feedback and assessment of the teacher's classroom practice, on a regular basis and in a manner that allows each such teacher to identify areas of classroom practice that need to be strengthened, refined, and improved; (F) regularly assesses the effectiveness of the support, and uses such assessments to inform ongoing improvements, in— (i) improving student learning; and (ii) strengthening classroom practice; and (G) supports the recruiting, hiring, and training of highly qualified teachers, including teachers who become highly qualified through State and local alternative routes to certification or licensure. ; (2) by adding at the end the following: (44) Evidence of classroom practice The term evidence of classroom practice means evidence of practice gathered from a classroom through multiple formats and sources, including some or all of the following: (A) Demonstration of effective teaching skills. (B) Classroom observations based on rigorous teacher performance standards or rubrics. (C) Student work. (D) Teacher portfolios. (E) Videos of teacher practice. (F) Lesson plans. (G) Information on the extent to which the teacher collaborates and shares best practices with other teachers and instructional staff. (H) Information on the teacher's successful use of research and data. (I) Parent, student, and peer feedback. (45) Evidence of student learning The term evidence of student learning means multiple measures of student learning that shall include the following: (A) Valid and reliable student assessment data, which may include data— (i) based on— (I) student learning gains on State student academic assessments under section 1111(b)(3); or (II) student academic achievement assessments used at the national, state, or district levels, where available and appropriate for the curriculum and students taught; (ii) from classroom-based formative assessments; (iii) from classroom-based summative assessments; and (iv) from objective performance-based assessments. (B) At least one of the following additional measures: (i) Student work, including measures of performance criteria and evidence of student growth. (ii) Teacher-generated information about student goals and growth. (iii) Parental feedback about student goals and growth. (iv) Student feedback about learning and teaching supports. (v) Assessments of affective engagement and self-efficacy. (vi) Other appropriate measures, as determined by the State. (46) Lowest achieving school The term lowest achieving school means a school served by a local educational agency that— (A) is failing to make adequate yearly progress as described in section 1111(b)(2), for the greatest number of subgroups described in section 1111(b)(2)(C)(v) and by the greatest margins, as compared to the other schools served by the local educational agency; and (B) in the case of a secondary school, has a graduation rate of less than 65 percent. (47) School leader The term school leader means an individual who— (A) is an employee or officer of a school; and (B) is responsible for— (i) the school's performance; and (ii) the daily instructional and managerial operations of the school. (48) Teaching skills The term teaching skills means skills that enable a teacher to— (A) increase student learning, achievement, and the ability to apply knowledge; (B) effectively convey and explain academic subject matter; (C) actively engage students and personalize learning; (D) effectively teach higher-order analytical, evaluation, problem-solving, and communication skills; (E) develop and effectively apply new knowledge, skills, and practices; (F) employ strategies grounded in the disciplines of teaching and learning that— (i) are based on empirically based practice and scientifically valid research, where applicable, related to teaching and learning; (ii) are specific to academic subject matter; (iii) focus on the identification of students' specific learning needs, (including children with disabilities, English language learners, students who are gifted and talented, and students with low literacy levels), and the tailoring of academic instruction to such needs; and (iv) enable effective inclusion of children with disabilities and English language learners, including the utilization of— (I) response to intervention; (II) positive behavioral supports; (III) differentiated instruction; (IV) universal design of learning; (V) appropriate accommodations for instruction and assessments; (VI) collaboration skills; (VII) skill in effectively participating in individualized education program meetings required under section 614 of the Individuals with Disabilities Education Act; and (VIII) evidence-based strategies to meet the linguistic and academic needs of English language learners; (G) conduct an ongoing assessment of student learning, which may include the use of formative assessments, performance-based assessments, project-based assessments, or portfolio assessments, that measures higher-order thinking skills (including application, analysis, synthesis, and evaluation); (H) effectively manage a classroom, including the ability to implement positive behavioral support strategies; (I) communicate and work with parents, and involve parents in their children's education; and (J) use age-appropriate and developmentally appropriate strategies and practices. (49) Formative assessment The term formative assessment means a process used by teachers and students during instruction that provides feedback to adjust ongoing teaching and learning to improve students’ achievement of intended instructional outcomes. ; and (3) by redesignating paragraphs (1) through (39), the undesignated paragraph following paragraph (39), and paragraphs (41) through (49) (as amended by this section) as paragraphs (1) through (18), (21), (22), (24) through (29), (31) through (40), (42) through (47), (49), (19), (20), (30), (41), (48), and (23), respectively. 4. School improvement Section 1003(g)(5) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6303(g)(5) ) is amended— (1) in subparagraph (B), by striking and after the semicolon; (2) in subparagraph (C), by striking the period and inserting ; and ; and (3) by adding at the end the following: (D) permitted to be used to supplement the activities required under section 2502. . 5. Teacher and principal professional development and support (a) In general Title II of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6601 et seq. ) is amended by adding at the end the following: E Building school capacity for effective teaching and leadership 2501. Local school improvement activities (a) Subgrants to local educational agencies (1) Grants From amounts made available under section 2505, the Secretary shall award grants, through allotments under paragraph (3)(A), to States to enable the States to award subgrants to local educational agencies under this part. (2) Reservations A State that receives a grant under this part for a fiscal year shall— (A) reserve 95 percent of the funds made available through the grant to make subgrants, through allocations under paragraph (3)(B), to local educational agencies; and (B) use the remainder of the funds for— (i) administrative activities and technical assistance in helping local educational agencies carry out this part; (ii) statewide capacity building strategies to support local educational agencies in the implementation of the required activities under section 2502; and (iii) conducting the evaluation required under section 2504. (3) Formulas (A) Allotments The allotment provided to a State under this section for a fiscal year shall bear the same relation to the total amount available under this part for such allotments for the fiscal year, as the allotment provided to the State under section 2111(b) for such year bears to the total amount available under such section 2111(b) for such allotments for such year. (B) Allocations The allocation provided to a local educational agency under this section for a fiscal year shall bear the same relation to the total amount available under this part for such allocations for the fiscal year, as the allocation provided to the local educational agency under section 2121(a) for such year bears to the total amount available for such allocations for such year. (4) Schools first supported A local educational agency receiving a subgrant under this part shall first use such funds to carry out the activities described in section 2502(a) in each lowest achieving school served by the local educational agency— (A) that demonstrates the greatest need for subgrant funds based on the data analysis described in subsection (b)(3); and (B) in which not less than 40 percent of the students enrolled in the school are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ). (b) Local educational agency application (1) In general To be eligible to receive a subgrant under this part, a local educational agency shall submit to the State educational agency an application described in paragraph (2), and a summary of the data analysis conducted under paragraph (3), at such time, in such manner, and containing such information as the State educational agency may reasonably require. (2) Contents of application Each application submitted pursuant to paragraph (1) shall include— (A) a description of how the local educational agency will assist the lowest achieving schools served by the local educational agency in carrying out the requirements of section 2502, including— (i) developing and implementing the teacher and principal evaluation system pursuant to section 2502(a)(3); (ii) implementing teacher induction programs pursuant to section 2502(a)(1); (iii) providing effective professional development in accordance with section 2502(a)(2); (iv) implementing mentoring, coaching, and sustained professional development for school principals and other school leaders pursuant to section 2502(a)(4); and (v) providing significant and sustainable teacher stipends, pursuant to section 2502(a)(6); (B) a description of how the local educational agency will— (i) conduct and utilize valid and reliable surveys pursuant to section 2502(b); and (ii) ensure that such programs are integrated and aligned pursuant to section 2502(c); (C) (i) a description of how the local educational agency will use subgrant funds to target and support the lowest achieving schools described in subsection (a)(4) before using funds for other lowest achieving schools; and (ii) a list that identifies all of the lowest achieving schools that will be assisted under the subgrant; (D) a description of how the local educational agency will enable effective inclusion of children with disabilities and English language learners, including through utilization by the teachers, principals, and other school leaders of the local educational agency of— (i) response to intervention; (ii) positive behavioral supports; (iii) differentiated instruction; (iv) universal design of learning; (v) appropriate accommodations for instruction and assessments; (vi) collaboration skills; (vii) skill in effectively participating in individualized education program meetings required under section 614 of the Individuals with Disabilities Education Act; and (viii) evidence-based strategies to meet the linguistic and academic needs of English language learners; (E) a description of how the local educational agency will assist the lowest achieving schools in utilizing real-time student learning data, based on evidence of student learning and evidence of classroom practice, to— (i) inform instruction; and (ii) inform professional development for teachers, mentors, principals, and other school leaders; (F) a description of how the programs and assistance provided under section 2502 will be managed and designed, including a description of the division of labor and different roles and responsibilities of local educational agency central office staff members, school leaders, teacher leaders, coaches, mentors, and evaluators; and (G) a description of how the local educational agency will work with institutions of higher education and local teacher and principal preparation programs to improve the performance of beginning teachers and principals, improve induction programs, and strengthen professional development. (3) Data analysis A local educational agency desiring a subgrant under this part shall, prior to applying for the subgrant, conduct a data analysis of each school served by the local educational agency, based on data and information collected from evidence of student learning, evidence of classroom practice, and the State’s longitudinal data system, in order to— (A) determine which schools have the most critical teacher, principal, school librarian, and other school leader quality, effectiveness, and professional development needs; and (B) allow the local educational agency to identify the specific needs regarding the quality, effectiveness, and professional development needs of the school's teachers, principals, librarians, and other school leaders, including with respect to instruction provided for individual student subgroups (including children with disabilities and English language learners) and specific grade levels and content areas. (4) Joint development and submission (A) In general Except as provided in subparagraph (B), a local educational agency shall— (i) jointly develop the application and data analysis framework under this subsection with local organizations representing the teachers, principals, and other school leaders in the local educational agency; and (ii) submit the application and data analysis in partnership with such local teacher, principal, and school leader organizations. (B) Exception A State may, after consultation with the Secretary, consider an application from a local educational agency that is not jointly developed and submitted in accordance with subparagraph (A) if the application includes documentation of the local educational agency's extensive attempt to work jointly with local teacher, principal, and school leader organizations. 2502. Use of funds (a) Induction, professional development, and evaluation system A local educational agency that receives a subgrant under this part shall use the subgrant funds to improve teaching and school leadership through a system of teacher and principal induction, professional development, and evaluation. Such system shall be developed, implemented, and evaluated in collaboration with local teacher, principal, and school leader organizations and local teacher, principal, and school leader preparation programs and shall provide assistance to each school that the local educational agency has identified under section 2501(b)(2)(C)(ii), to— (1) implement a comprehensive, coherent, high-quality formalized induction program for beginning teachers during not less than the teachers' first 2 years of full-time employment as teachers with the local educational agency, that shall include— (A) rigorous mentor selection by school or local educational agency leaders with mentoring and instructional expertise, including requirements that the mentor demonstrate— (i) a proven track record of improving student learning; (ii) strong interpersonal skills; (iii) exemplary teaching skills, particularly with diverse learners, including children with disabilities and English language learners; (iv) not less than 5 years teaching experience; (v) commitment to personal and professional growth and learning, such as National Board for Professional Teaching Standards certification; (vi) willingness and experience in using real-time data, as well as school and classroom level practices that have demonstrated the capacity to— (I) improve student learning and classroom practice; and (II) inform instruction and professional growth; (vii) a commitment to participate in professional development throughout the year to develop the knowledge and skills related to effective mentoring; and (viii) the ability to improve the effectiveness of the mentor's mentees, as assessed by the evaluation system described in paragraph (3); (B) a program of high-quality, intensive, and ongoing mentoring and mentor-teacher interactions that— (i) ensures that new teachers are supported in ways that help improve content-specific knowledge and pedagogy, including by matching mentors with beginning teachers by grade level and content area; (ii) assists each beginning teacher in— (I) analyzing data based on the beginning teacher's evidence of student learning and evidence of classroom practice, and utilizing research-based instructional strategies, including differentiated instruction, to inform and strengthen such practice; (II) developing and enhancing effective teaching skills; (III) enabling effective inclusion of children with disabilities and English language learners, including through the utilization of— (aa) response to intervention; (bb) positive behavioral supports; (cc) differentiated instruction; (dd) universal design of learning; (ee) appropriate accommodations for instruction and assessments; (ff) collaboration skills; (gg) skill in effectively participating in individualized education program meetings required under section 614 of the Individuals with Disabilities Education Act; and (hh) evidence-based strategies to meet the linguistic and academic needs of English language learners; (IV) using formative evaluations to— (aa) collect and analyze classroom-level data; (bb) foster evidence-based discussions; (cc) provide opportunities for self assessment; (dd) examine classroom practice; and (ee) establish goals for professional growth; and (V) achieving the goals of the school, district, and statewide curricula; (iii) provides regular and ongoing opportunities for beginning teachers to observe exemplary teaching in classroom settings during the school day; (iv) aligns with the mission and goals of the local educational agency and school; (v) (I) acts as a vehicle for a beginning teacher to establish short- and long-term planning and professional goals and to improve student learning and classroom practice; and (II) guides, monitors, and assesses the beginning teacher's progress toward such goals; (vi) assigns not more than 12 beginning teacher mentees to a mentor who is released full-time from classroom teaching, and reduces such maximum number of mentees proportionately for a mentor who works on a part-times basis; (vii) provides joint professional development opportunities for mentors and beginning teachers; (viii) may include the use of master teachers to support mentors or other teachers; and (ix) improves student learning and classroom practice, as measured by the evaluation system described in paragraph (3); (C) paid school release time that allows for at least weekly high-quality mentoring and mentor-teacher interactions; (D) foundational training and ongoing professional development for mentors that support the high-quality mentoring and mentor-teacher interactions described in subparagraph (B); (E) use of research-based teaching standards, formative assessments, teacher portfolio processes (such as the National Board for Professional Teaching Standards certification process), and teacher development protocols that support the high-quality mentoring and mentor-teacher interactions described in subparagraph (B); and (F) feedback on the performance of beginning teachers to local teacher preparation programs and recommendations for improving such programs; (2) implement high-quality effective professional development for teachers, principals, school librarians, and other school leaders serving the schools targeted for assistance under the subgrant; (3) develop and implement a rigorous, transparent, and equitable teacher and principal evaluation system for all schools served by the local educational agency that— (A) (i) provides formative individualized feedback to teachers and principals on areas for improvement; (ii) provides for substantive support and interventions targeted specifically on such areas of improvement; and (iii) results in summative evaluations; (B) differentiates the effectiveness of teachers and principals using multiple rating categories that take into account evidence of student learning; (C) shall be developed, implemented, and evaluated in partnership with local teacher and principal organizations; and (D) includes— (i) valid, clearly defined, and reliable performance standards and rubrics for teacher evaluation based on multiple performance measures, which shall include a combination of— (I) evidence of classroom practice; and (II) evidence of student learning as a significant factor; (ii) valid, clearly defined, and reliable performance standards and rubrics for principal evaluation based on multiple performance measures of student learning and leadership skills, which standards shall include— (I) planning and articulating a shared and coherent schoolwide direction and policy for achieving high standards of student performance; (II) identifying and implementing the activities and rigorous curriculum necessary for achieving such standards of student performance; (III) supporting a culture of learning, collaboration, and professional behavior and ensuring quality measures of instructional practice; (IV) communicating and engaging parents, families, and other external communities; and (V) collecting, analyzing, and utilizing data and other tangible evidence of student learning and evidence of classroom practice to guide decisions and actions for continuous improvement and to ensure performance accountability; (iii) multiple and distinct rating options that allow evaluators to— (I) conduct multiple classroom observations throughout the school year; (II) examine the impact of the teacher or principal on evidence of student learning and evidence of classroom practice; (III) specifically describe and compare differences in performance, growth, and development; and (IV) provide teachers or principals with detailed individualized feedback and evaluation in a manner that allows each teacher or principal to identify the areas of classroom practice that need to be strengthened, refined, and improved; (iv) implementing a formative and summative evaluation process based on the performance standards established under clauses (i) and (ii); (v) rigorous training for evaluators on the performance standards established under clauses (i) and (ii) and the process of conducting effective evaluations, including how to provide specific feedback and improve teaching and principal practice based on evaluation results; (vi) regular monitoring and assessment of the quality and fairness of the evaluation system and the evaluators' judgements, including with respect to— (I) inter-rater reliability, including independent or third-party reviews; (II) student assessments used in the evaluation system; (III) the performance standards established under clauses (i) and (ii); (IV) training and qualifications of evaluators; and (V) timeliness of teacher and principal evaluations and feedback; (vii) a plan and substantive targeted support for teachers and principals who fail to meet the performance standards established under clauses (i) and (ii); (viii) a streamlined, transparent, fair, and objective due process for documentation and removal of teachers and principals who fail to meet such performance standards, as governed by any applicable collective bargaining agreement or State law and after substantive targeted and reasonable support has been provided to such teachers and principals; and (ix) in the case of a local educational agency in a State that has a State evaluation framework, the alignment of the local educational agency's evaluation system with, at a minimum, such framework and the requirements of this paragraph; (4) implement ongoing high-quality support, coaching, and professional development for principals and other school leaders serving the schools targeted for assistance under such subgrant, which shall— (A) include a comprehensive, coherent, high-quality formalized induction program outside the supervisory structure for beginning principals and other school leaders, during not less than the principals’ and other school leaders’ first 2 years of full-time employment as a principal or other school leader in the local educational agency, to develop and improve the knowledge and skills described in subparagraph (B), including— (i) a rigorous mentor or coach selection process based on exemplary administrative expertise and experience; (ii) a program of ongoing opportunities throughout the school year for the mentoring or coaching of beginning principals and other school leaders, including opportunities for regular observation and feedback; (iii) foundational training and ongoing professional development for mentors or coaches; and (iv) the use of research-based leadership standards, formative and summative assessments, or principal and other school leader protocols (such as the National Board for Professional Teaching Standards Certification for Educational Leaders program or the 2008 Interstate School Leaders Licensure Consortium Standards); (B) improve the knowledge and skills of school principals and other school leaders in— (i) planning and articulating a shared and clear schoolwide direction, vision, and strategy for achieving high standards of student performance; (ii) identifying and implementing the activities and rigorous student curriculum and assessments necessary for achieving such standards of performance; (iii) managing and supporting a collaborative culture of ongoing learning and professional development and ensuring quality evidence of classroom practice (including shared or distributive leadership and providing timely and constructive feedback to teachers to improve student learning and strengthen classroom practice); (iv) communicating and engaging parents, families, and local communities and organizations (including engaging in partnerships among elementary schools, secondary schools, and institutions of higher education to ensure the vertical alignment of student learning outcomes); (v) collecting, analyzing, and utilizing data and other tangible evidence of student learning and classroom practice (including the use of formative and summative assessments) to— (I) guide decisions and actions for continuous instructional improvement; and (II) ensure performance accountability; (vi) managing resources and school time to ensure a safe and effective student learning environment; and (vii) designing and implementing strategies for differentiated instruction and effectively identifying and educating diverse learners, including children with disabilities and English language learners; and (C) provide feedback on the performance of beginning principals and other school leaders to local principal and leader preparation programs and recommendations for improving such programs; (5) (A) create or enhance opportunities for teachers and school librarians to assume new school leadership roles and responsibilities, including— (i) serving as mentors, instructional coaches, or master teachers; or (ii) assuming increased responsibility for professional development activities, curriculum development, or school improvement and leadership activities; and (B) provide training for teachers who assume such school leadership roles and responsibilities; and (6) provide significant and sustainable stipends above a teacher’s base salary for teachers that serve as mentors, instructional coaches, teacher leaders, or evaluators under the programs described in this subsection. (b) Survey A local educational agency receiving a subgrant under this part shall conduct a valid and reliable full population survey of teaching and learning, at the school and local educational agency level, and include, as topics in the survey, not less than the following elements essential to improving student learning and retaining effective teachers: (1) Instructional planning time. (2) School leadership. (3) Decisionmaking processes. (4) Professional development. (5) Facilities and resources, including the school library. (6) Beginning teacher induction. (7) School safety and environment. (c) Integration and alignment The system described in subsection (a) shall— (1) integrate and align all of the activities described in such subsection; (2) be informed by, and integrated with, the results of the survey described in subsection (b); (3) be aligned with the State’s school improvement efforts under sections 1116 and 1117; and (4) be aligned with the programs funded under title II of the Higher Education Act of 1965 and other professional development programs authorized under this Act. (d) Eligible entities The assistance required to be provided under this section may be provided— (1) by the local educational agency; or (2) by the local educational agency, in collaboration with— (A) the State educational agency; (B) an institution of higher education; (C) a nonprofit organization; (D) a teacher organization; (E) a principal or school leader organization; (F) an educational service agency; (G) a teaching residency program; or (H) another nonprofit entity with experience in helping schools improve student achievement. 2503. Rule of Construction Nothing in this part shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded school or school district employees under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers. 2504. Program evaluation (a) In general Each program required under section 2502(a) shall include a formal evaluation system to determine, at a minimum, the effectiveness of each such program on— (1) student learning; (2) retaining teachers and principals, including differentiating the retainment data by profession and by the level of performance of the teachers and principals, based on the evaluation system described in section 2502(a)(3); (3) teacher, principal, and other school leader practice, which shall include, for teachers and principals, practice measured by the teacher and principal evaluation system described in section 2502(a)(3); (4) student graduation rates, as applicable; (5) teaching, learning, and working conditions; (6) parent, family, and community involvement and satisfaction; (7) student attendance rates; (8) teacher and principal satisfaction; and (9) student behavior. (b) Local educational agency and school effectiveness The formal evaluation system described in subsection (a) shall also measure the effectiveness of the local educational agency and school in— (1) implementing the comprehensive induction program described in section 2502(a)(1); (2) implementing high-quality professional development described in section 2502(a)(2); (3) developing and implementing a rigorous, transparent, and equitable teacher and principal evaluation system described in section 2502(a)(3); (4) implementing mentoring, coaching, and professional development for school principals and other school leaders described in section 2502(a)(4); (5) ensuring that mentors, teachers, and schools are using data to inform instructional practices; and (6) ensuring that the comprehensive induction and high-quality mentoring required under section 2502(a)(1) and the high impact professional development required under section 2502(a)(2) are integrated and aligned with the State’s school improvement efforts under sections 1116 and 1117. (c) Conduct of evaluation The evaluation described in subsection (a) shall be— (1) conducted by the State, an institution of higher education, or an external agency that is experienced in conducting such evaluations; and (2) developed in collaboration with groups such as— (A) experienced educators with track records of success in the classroom; (B) institutions of higher education involved with teacher induction and professional development located within the State; and (C) local teacher, principal, and school leader organizations. (d) Dissemination (1) In general The results of the evaluation described in subsection (a) shall be submitted to the Secretary. (2) Dissemination The Secretary shall make the results of each evaluation described in subsection (a) available to States, local educational agencies, and the public. 2505. Authorization of appropriations There are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal year 2014 and each succeeding fiscal year. . (b) Table of contents The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 2441 the following: Part E—Building School Capacity for Effective Teaching and Leadership Sec. 2501. Local school improvement activities. Sec. 2502. Use of funds. Sec. 2503. Rule of Construction. Sec. 2504. Program evaluation. Sec. 2505. Authorization of appropriations. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2173ih/xml/BILLS-113hr2173ih.xml

113-hr-2174

I 113th CONGRESS 1st Session H. R. 2174 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Israel (for himself, Ms. DeLauro , Mr. Larson of Connecticut , Mr. Himes , Ms. Esty , Mr. Courtney , Mr. Bishop of New York , Mr. Crowley , Mr. Engel , Ms. Meng , Mr. Nadler , Mr. King of New York , and Mrs. McCarthy of New York ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committee on Natural Resources , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend and reauthorize certain provisions relating to Long Island Sound restoration and stewardship. 1. Short title This Act may be cited as the Long Island Sound Restoration and Stewardship Act . 2. Amendments (a) Long Island Sound restoration program Section 119 of the Federal Water Pollution Control Act ( 33 U.S.C. 1269 ) is amended— (1) in subsection (b), by striking the subsection designation and heading and all that follows through The Office shall and inserting the following: (b) Office (1) Establishment The Administrator shall— (A) continue to carry out the conference study; and (B) establish an office, to be located on or near Long Island Sound. (2) Administration and staffing The Office shall ; (2) in subsection (c)— (A) in the matter preceding paragraph (1), by striking Management Conference of the Long Island Sound Study and inserting conference study ; (B) in paragraph (2)— (i) in each of subparagraphs (A) through (G), by striking the commas at the end of the subparagraphs and inserting semicolons; (ii) in subparagraph (H), by striking , and and inserting a semicolon; (iii) in subparagraph (I), by striking the period at the end and inserting a semicolon; and (iv) by adding at the end the following: (J) environmental impacts on the Long Island Sound watershed, including— (i) the identification and assessment of vulnerabilities in the watershed; (ii) the development and implementation of adaptation strategies to reduce those vulnerabilities; and (iii) the identification and assessment of the impacts of sea level rise on water quality, habitat, and infrastructure in Long Island Sound; and (K) planning initiatives for Long Island Sound that identify the areas that are most suitable for various types or classes of activities in order to reduce conflicts among uses, reduce environmental impacts, facilitate compatible uses, or preserve critical ecosystem services to meet economic, environmental, security, or social objectives; ; (C) by striking paragraph (4) and inserting the following: (4) develop and implement strategies to increase public education and awareness with respect to the ecological health and water quality conditions of Long Island Sound; ; (D) in paragraph (5), by inserting study after conference ; (E) in paragraph (6)— (i) by inserting (including on the Internet) after the public ; and (ii) by inserting study after conference ; and (F) by striking paragraph (7) and inserting the following: (7) monitor the progress made toward meeting the identified goals, actions, and schedules of the Comprehensive Conservation and Management Plan, including through the implementation and support of a monitoring system for the ecological health and water quality conditions of Long Island Sound; and ; (3) in subsection (d)(3), in the second sentence, by striking 50 per centum and inserting 60 percent ; (4) by redesignating subsection (f) as subsection (i); and (5) by inserting after subsection (e) the following: (f) Report (1) In general Not later than 2 years after the date of enactment of the Long Island Sound Restoration and Stewardship Act , and biennially thereafter, the Director of the Office, in consultation with the Governor of each Long Island Sound State, shall submit to Congress a report that— (A) summarizes and assesses the progress made by the Office and the Long Island Sound States in implementing the Long Island Sound Comprehensive Conservation and Management Plan, including an assessment of the progress made toward meeting the performance goals and milestones contained in the Plan; (B) assesses the key ecological attributes that reflect the health of the ecosystem of the Long Island Sound watershed; (C) describes any substantive modifications to the Long Island Sound Comprehensive Conservation and Management Plan made during the 2-year period preceding the date of submission of the report; (D) provides specific recommendations to improve progress in restoring and protecting the Long Island Sound watershed, including, as appropriate, proposed modifications to the Long Island Sound Comprehensive Conservation and Management Plan; (E) identifies priority actions for implementation of the Long Island Sound Comprehensive Conservation and Management Plan for the 2-year period following the date of submission of the report; and (F) describes the means by which Federal funding and actions will be coordinated with the actions of the Long Island Sound States and other entities. (2) Public availability The Administrator shall make the report described in paragraph (1) available to the public, including on the Internet. (g) Annual budget plan The President shall submit, together with the annual budget of the United States Government submitted under section 1105(a) of title 31, United States Code, information regarding each Federal department and agency involved in the protection and restoration of the Long Island Sound watershed, including— (1) an interagency crosscut budget that displays for each department and agency— (A) the amount obligated during the preceding fiscal year for protection and restoration projects and studies relating to the watershed; (B) the estimated budget for the current fiscal year for protection and restoration projects and studies relating to the watershed; and (C) the proposed budget for succeeding fiscal years for protection and restoration projects and studies relating to the watershed; and (2) a summary of any proposed modifications to the Long Island Sound Comprehensive Conservation and Management Plan for the following fiscal year. (h) Federal entities (1) Coordination The Administrator shall coordinate the actions of all Federal departments and agencies that impact water quality in the Long Island Sound watershed in order to improve the water quality and living resources of the watershed. (2) Methods In carrying out this section, the Administrator, acting through the Director of the Office, may— (A) enter into interagency agreements; and (B) make intergovernmental personnel appointments. (3) Federal participation in watershed planning A Federal department or agency that owns or occupies real property, or carries out activities, within the Long Island Sound watershed shall participate in regional and subwatershed planning, protection, and restoration activities with respect to the watershed. (4) Consistency with comprehensive conservation and management plan To the maximum extent practicable, the head of each Federal department and agency that owns or occupies real property, or carries out activities, within the Long Island Sound watershed shall ensure that the property and all activities carried out by the department or agency are consistent with the Long Island Sound Comprehensive Conservation and Management Plan (including any related subsequent agreements and plans). . (b) Long Island Sound stewardship program (1) Long Island Sound Stewardship Advisory Committee Section 8 of the Long Island Sound Stewardship Act of 2006 ( 33 U.S.C. 1269 note; Public Law 109–359 ) is amended— (A) in subsection (g), by striking 2011 and inserting 2018 ; and (B) by adding at the end the following: (h) Nonapplicability of FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to— (1) the Advisory Committee; or (2) any board, committee, or other group established under this Act. . (2) Reports Section 9(b)(1) of the Long Island Sound Stewardship Act of 2006 ( 33 U.S.C. 1269 note; Public Law 109–359 ) is amended in the matter preceding subparagraph (A) by striking 2011 and inserting 2018 . (3) Authorization Section 11 of the Long Island Sound Stewardship Act of 2006 ( 33 U.S.C. 1269 note; Public Law 109–359 ) is amended— (A) by striking subsection (a); (B) by redesignating subsections (b) through (d) as subsections (a) through (c), respectively; and (C) in subsection (a) (as so redesignated), by striking under this section each and inserting to carry out this Act for a . (4) Effective date The amendments made by this subsection take effect on October 1, 2011. 3. Reauthorization (a) In general There are authorized to be appropriated to the Administrator of the Environmental Protection Agency such sums as are necessary for each of fiscal years 2014 through 2018 for the implementation of— (1) section 119 of the Federal Water Pollution Control Act ( 33 U.S.C. 1269 ), other than subsection (d) of that section; and (2) the Long Island Sound Stewardship Act of 2006 ( 33 U.S.C. 1269 note; Public Law 109–359 ). (b) Long Island Sound grants There is authorized to be appropriated to the Administrator of the Environmental Protection Agency to carry out subsection (d) of section 119 of the Federal Water Pollution Control Act ( 33 U.S.C. 1269 ) $40,000,000 for each of fiscal years 2014 through 2018. (c) Long Island Sound stewardship grants There is authorized to be appropriated to the Administrator of the Environmental Protection Agency to carry out the Long Island Sound Stewardship Act of 2006 ( 33 U.S.C. 1269 note; Public Law 109–359) $25,000,000 for each of fiscal years 2014 through 2018.

https://www.govinfo.gov/content/pkg/BILLS-113hr2174ih/xml/BILLS-113hr2174ih.xml

113-hr-2175

I 113th CONGRESS 1st Session H. R. 2175 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Johnson of Ohio introduced the following bill; which was referred to the Committee on Natural Resources A BILL To direct the Secretary of the Interior to install in the area of the World War II Memorial in the District of Columbia a suitable plaque or an inscription with the words that President Franklin D. Roosevelt prayed with the United States on June 6, 1944, the morning of D-Day. 1. Short title This Act may be cited as the World War II Memorial Prayer Act of 2013 . 2. Placement of plaque or inscription at world war II memorial The Secretary of the Interior— (1) shall install in the area of the World War II Memorial in the District of Columbia a suitable plaque or an inscription with the words that President Franklin D. Roosevelt prayed with the United States on June 6, 1944, the morning of D-Day; (2) shall design, procure, prepare, and install the plaque or inscription referred to in paragraph (1); and (3) may not use Federal funds to prepare or install the plaque or inscription referred to in paragraph (1), but may accept and expend private contributions for this purpose. 3. Commemorative Works Act Chapter 89 of title 40, United States Code (commonly known as the Commemorative Works Act ), shall apply to the design and placement of the plaque within the area of the World War II Memorial.

https://www.govinfo.gov/content/pkg/BILLS-113hr2175ih/xml/BILLS-113hr2175ih.xml

113-hr-2176

I 113th CONGRESS 1st Session H. R. 2176 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Jones introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To require express prior statutory authorization from Congress to carry out any activities under the United States–Afghanistan Strategic Partnership Agreement, and for other purposes. 1. Express prior statutory authorization to carry out activities under the United States–Afghanistan Strategic Partnership Agreement The United States Government may not carry out any activities under the United States–Afghanistan Strategic Partnership Agreement, signed on May 2, 2012, and went into effect on July 4, 2012, or any successor agreement, for any fiscal year that begins on or after the date of the enactment of this Act absent express prior statutory authorization from Congress to carry out such activities for such fiscal year.

https://www.govinfo.gov/content/pkg/BILLS-113hr2176ih/xml/BILLS-113hr2176ih.xml

113-hr-2177

I 113th CONGRESS 1st Session H. R. 2177 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Ms. Kaptur (for herself, Mr. Grijalva , Mr. Gene Green of Texas , Ms. McCollum , and Mr. Pocan ) introduced the following bill; which was referred to the Committee on the Budget A BILL To eliminate the application of sequestration to unemployment benefits, and for other purposes. 1. Short title This Act may be cited as the Unemployment Restoration Act . 2. Eliminating application of 251A sequestration to certain unemployment benefits (a) Fiscal year 2013 Notwithstanding the presidential order issued on March 1, 2013, under section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985, the budgetary resources sequestered under that order for any Federal payments to a State under section 204 of the Federal-State Extended Unemployment Compensation Act of 1970 and for any Federal payments to a State under section 4003(a) of title IV of the Supplemental Appropriations Act, 2008, pursuant to a Federal-State agreement under section 4001 of such title, shall be available for obligation in the same amount and manner as if such order had not been issued. (b) Fiscal years 2014 through 2021 Section 255(i)(2) of the Balanced Budget and Emergency Deficit Control Act is amended to read as follows: (2) The reduction ordered under section 254 shall not apply to— (A) any Federal payments to a State under section 204 of the Federal-State Extended Unemployment Compensation Act of 1970; or (B) any Federal payments to a State under section 4003(a) of title IV of the Supplemental Appropriations Act, 2008, pursuant to a Federal-State agreement under section 4001 of such title. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2177ih/xml/BILLS-113hr2177ih.xml

113-hr-2178

I 113th CONGRESS 1st Session H. R. 2178 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Kind (for himself and Mr. Schock ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To authorize a grant program to promote physical education, activity, and fitness and nutrition, and to ensure healthy students, and for other purposes. 1. Short title This Act may be cited as the Fitness Integrated with Teaching Kids Act or the FIT Kids Act . I Healthy students grants 101. Definitions In this title: (1) Physical education indicators measurement system (A) In general The term physical education indicators measurement system means a State reporting and information system that measures student physical health and well-being, nutrition, and fitness based on the physical education indicators and is, to the extent possible, part of the State’s statewide longitudinal data system and part of the State’s system for reporting the data required under section 1111 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 ). (B) Description of system Such system shall— (i) contain, at a minimum, data from valid and reliable surveys of students and staff on the physical education indicators that allow staff at the State, local educational agencies, and schools to examine and improve school-level conditions regarding physical activity, education, and fitness and nutrition; (ii) collect school-level data on the physical education indicators, in the aggregate and disaggregated by the categories of race, ethnicity, gender, disability status, migrant status, English proficiency, and status as economically disadvantaged, and cross-tabulated across all of such categories by gender and by disability; (iii) protect student privacy, consistent with applicable data privacy laws and regulations, including section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g , commonly known as the Family Educational Rights and Privacy Act of 1974 ); and (iv) to the extent possible, utilize a web-based reporting system. (2) Eligible local applicant The term eligible local applicant means a local educational agency, a consortium of local educational agencies, or a nonprofit organization that has a track record of success in implementing the proposed activities and has signed a memorandum of understanding with a local educational agency or consortium of local educational agencies to— (A) implement school-based activities; and (B) conduct school-level measurement of the physical education indicators that are consistent with this title. (3) Local educational agency The term local educational agency has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (4) Physical education indicators The term physical education indicators means a set of measures for instruction on physical activity, health-related fitness, physical competence, and cognitive understanding about physical activity. Such indicators shall include— (A) for the State, for each local educational agency in the State, and for each school in the State, the average number of minutes per week (averaged over the school year) that all students spend in required physical education, and the average number of minutes per week (averaged over the school year) that all students engage in moderate to vigorous physical activity, as measured against established recommended guidelines of the Centers for Disease Control and Prevention and the Department of Health and Human Services; (B) for the State, the percentage of local educational agencies that have a required, age-appropriate physical education curriculum that adheres to Centers for Disease Control and Prevention guidelines and State standards; (C) for the State, for each local educational agency in the State, and for each school in the State, the percentage of elementary school and secondary school physical education teachers who are licensed or certified by the State to teach physical education; (D) for the State, and for each local educational agency in the State, the percentage of schools that have a physical education teacher who is certified or licensed in the State to teach physical education and adapted physical education; (E) for each school in the State, the number of indoor square feet and the number of outdoor square feet used primarily for physical education; and (F) for the State, the percentage of local educational agencies that have a school wellness council that— (i) includes members appointed by the local educational agency superintendent; (ii) may include parents, students, representatives of the school food authority, representatives of the school board, school administrators, school nurses, and members of the public; and (iii) meets regularly to promote a healthy school environment. (5) Program to promote physical activity, education, and fitness and nutrition The term program to promote physical activity, education, and fitness and nutrition means a program that— (A) increases and enables active student participation in physical well-being activities and provides teacher and school leader professional development to encourage and increase such participation; (B) is comprehensive in nature; (C) includes opportunities for professional development for teachers of physical education to stay abreast of the latest research, issues, and trends in the field of physical education; and (D) includes 1 or more of the following activities: (i) Fitness education and assessment to help students understand, improve, or maintain their physical well-being. (ii) Instruction in a variety of motor skills and physical activities designed to enhance the physical, mental, social, and emotional development of every student. (iii) Development of, and instruction in, cognitive concepts about motor skill and physical fitness that support a lifelong healthy lifestyle. (iv) Opportunities to develop positive social and cooperative skills through physical activity. (v) Instruction in healthy eating habits and good nutrition. (6) Secretary The term Secretary means the Secretary of Education. (7) State The term State has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). 102. Distribution of funds From amounts made available under section 105, the Secretary shall use— (1) in each year for which funding is made available under such section, not more than 2 percent of such amounts for technical assistance and evaluation; (2) for the first 3 fiscal years for which funding is made available under such section— (A) except as provided in subparagraph (B)— (i) not more than 30 percent of such amounts or $30,000,000, whichever amount is more, for State measurement system grants, distributed to every State (by an application process consistent with section 103(c)) in an amount proportional to each State’s share of funding under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ), to be used— (I) to develop the State’s physical education indicators measurement system; (II) to conduct a needs analysis to meet the requirements of section 103(c)(2)(C); and (III) if grant funds remain after carrying out subclauses (I) and (II), for activities described in section 103(f); and (ii) not more than 68 percent of such amounts for grants under section 103; and (B) for any fiscal year for which the amount remaining available after funds are reserved under paragraph (1) is less than $30,000,000, all of such remainder for the State measurement system grants described in subparagraph (A)(i); and (3) for the fourth fiscal year and each subsequent fiscal year for which funding is made available under section 105, not less than 98 percent of such amounts for grants under section 103. 103. Healthy students grants (a) Grant program authorized (1) In general From amounts made available under paragraph (2)(A)(ii) or (3) of section 102 for a fiscal year, the Secretary shall award grants to States to implement comprehensive programs to promote physical activity, education, and fitness and nutrition and that are based on— (A) scientifically valid research; and (B) an analysis of need that considers, at a minimum, the physical education indicators. (2) Awards to States (A) Formula grants For any fiscal year for which the total amount available under (2)(A)(ii) or (3) of section 102 for grants under this section is $250,000,000 or more, the Secretary shall allot to each State with an approved application an amount that bears the same relationship to such total amount as the amount received under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ) by such State for such fiscal year bears to the amount received under such part for such fiscal year by all States. (B) Competitive grants (i) In general For any fiscal year for which the total amount available under paragraph (2)(A)(ii) or (3) of section 102 for grants under this section is less than $250,000,000, the Secretary shall award such grants to States on a competitive basis. (ii) Sufficient size and scope In awarding grants on a competitive basis pursuant to clause (i), the Secretary shall ensure that grant awards are of sufficient size and scope to carry out required and approved activities under this section. (b) Eligibility To be eligible to receive a grant under this section, a State shall demonstrate that the State has established a statewide physical education requirement that is consistent with widely recognized standards. (c) Applications (1) In general A State that desires to receive a grant under this section shall submit an application at such time, in such manner, and containing such information as the Secretary may require. (2) Content of application At a minimum, the application shall include— (A) documentation of the State’s eligibility to receive a grant under this section, as described in subsection (b); (B) a plan for improving physical activity, education, and fitness and nutrition in schools in the State in a manner consistent with the requirements of the program that may be a part of a broader statewide child and youth plan, if such a plan exists and is consistent with the requirements of this title; (C) a needs analysis of the schools in the State regarding physical activity, education, and fitness and nutrition, which— (i) shall include a description of, and data measuring, the State's performance on the physical education indicators; and (ii) may be a part of a broader statewide child and youth needs analysis, if such an analysis exists and is consistent with the requirements of this title; (D) a description of how the programs to promote physical activity, education, and fitness and nutrition that the State proposes to implement with grant funds are responsive to the results of the needs analysis described in subparagraph (C); and (E) a description of how the State will— (i) develop, adapt, improve, or adopt, and implement, the State's physical education indicators measurement system, and how the State will ensure that all local educational agencies and schools in the State participate in such system; (ii) ensure the quality of the State's data collection for the physical education indicators, including the State's plan for survey administration and for ensuring the reliability and validity of survey instruments; (iii) coordinate the proposed activities with other Federal and State programs, which may include programs to expand learning time and for before- and after-school programming in order to provide sufficient time to carry out the activities described in this title; (iv) assist local educational agencies in aligning activities carried out with funds the agencies receive under the grant with other funding sources in order to support a coherent and non-duplicative program; (v) solicit and approve subgrant applications, including how the State will— (I) allocate funds for statewide activities and subgrants for each year of the grant; and (II) consider the results of the needs analysis described in subparagraph (C) in the State’s distribution of subgrants; (vi) address the needs of diverse geographic areas in the State, including rural and urban communities; and (vii) assist local educational agencies and schools in their efforts to increase the provision of physical activity and physical education opportunities during the school day and implement programs to promote physical activity, education, and fitness, and nutrition. (3) Peer-review process The Secretary shall establish a peer-review process that includes individuals with applicable expertise in physical activity, education, or fitness or nutrition to review applications submitted under this subsection. (d) Duration (1) In general A State that receives a grant under this section may receive funding for not more than 5 years in accordance with this subsection. (2) Initial period The Secretary shall award grants under this section for an initial period of not more than 3 years. (3) Grant extension The Secretary may extend a grant awarded to a State under this section for not more than an additional 2 years if the State shows sufficient improvement, as determined by the Secretary, against baseline data for the performance metrics established under subsection (h)(1). (e) Reservation and use of funds A State that receives a grant under this section shall— (1) reserve not more than 10 percent of the grant funds for administration of the program, technical assistance, and the development, adaptation, improvement, or adoption, and implementation of the State’s physical education indicators measurement system, as described in paragraphs (1) through (5) of subsection (f); and (2) use the remainder of grant funds after making the reservation under paragraph (1) to award subgrants, on a competitive basis, to eligible local applicants. (f) Required State activities A State that receives a grant under this section shall— (1) not later than 1 year after receipt of the grant, develop, adapt, improve, or adopt and implement a physical education indicators measurement system (unless the State can demonstrate, to the satisfaction of the Secretary, that an appropriate system has already been implemented) that annually measures the State’s progress regarding physical activity, education, and fitness and nutrition for every public school in the State; (2) collect information in each year of the grant on physical activity, education, and fitness and nutrition at the school level through comprehensive needs assessments of student, school staff, and family perceptions, experiences, and behaviors; (3) publicly report, at the school level and district level, the data collected in the physical education indicators measurement system each year in a timely and highly accessible manner and in a manner that does not reveal personally identifiable information; (4) use, on a continuous basis, the results of the physical education indicators measurement system to— (A) identify and address student physical activity, education, and fitness needs statewide; (B) help subgrantees identify and address school and student needs; and (C) provide individualized assistance to the lowest-performing schools (consistent with section 1116 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316)) and schools with significant weaknesses with respect to physical activity, education, and fitness and nutrition as identified through the physical education indicators measurement system with implementation of activities under this title; (5) encourage local educational agencies to— (A) integrate physical activity, education, and fitness into a range of subjects throughout the school day and locations within schools; (B) encourage consultation with a variety of stakeholders, including families, students, school officials, and other organizations with wellness and physical activity, education, and fitness expertise; and (C) regularly monitor schools’ efforts in improving wellness and physical activity, education, and fitness understanding and habits among students; and (6) award subgrants under subsection (g) to eligible local applicants. (g) Subgrants (1) In general (A) Awarding of subgrants A State that receives a grant under this section shall award subgrants, on a competitive basis, to eligible local applicants— (i) based on need, as identified by— (I) data from the State physical education indicators measurement system and, if available, similar local systems; or (II) in the case of a State for which the State physical education indicators measurement system required under subsection (f)(1) is not yet implemented, other data determined appropriate by the State; (ii) that are of sufficient size and scope to enable the eligible local applicants to carry out approved activities; and (iii) to implement programs to promote physical activity, education, and fitness and nutrition that— (I) are comprehensive in nature; and (II) are based on scientifically valid research. (B) Assistance A State that receives a grant under this section shall provide assistance to subgrant applicants and recipients in the selection of scientifically valid programs to promote physical activity, education, and fitness and nutrition. (C) Partnerships allowed An eligible local applicant may apply for a subgrant under this subsection in partnership with 1 or more community-based organizations. (2) Applications An eligible local applicant that desires to receive a subgrant under this subsection shall submit to the State an application at such time, in such manner, and containing such information as the State may require. (3) Priority In awarding subgrants under this subsection, a State shall give priority to applications that— (A) demonstrate the greatest need according to the results of the State’s needs analysis described in subsection (c)(2)(C); and (B) propose to serve schools with the highest concentrations of poverty, based on the percentage of students receiving or eligible to receive a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.). (4) Activities of subgrant recipients Each eligible local applicant receiving a subgrant under this subsection shall, for the duration of the subgrant— (A) carry out, as part of a program to promote physical activity, education, and fitness and nutrition, activities— (i) the need for which has been identified, at a minimum— (I) through the physical education indicators measurement system; or (II) in the case of a State that has not yet implemented the physical education indicators measurement system as required under subsection (f)(1), the State's needs analysis described in subsection (c)(2)(C); and (ii) that are part of a comprehensive strategy or framework to address such need; (B) ensure that each activity selected as part of such program be based on scientifically valid research and be used for the purpose for which such activity was found to be effective; (C) use school-level data from the statewide physical education indicators, and use the statewide physical education indicators measurement system when implemented by the State as required under subsection (f)(1), to inform the implementation and continuous improvement of activities carried out under this title; (D) collect and report to the State educational agency, data for schools served by the eligible local applicant, in a manner determined by the State and consistent with the State’s physical education indicators measurement system, when established; (E) (i) establish policies to expand access to quality physical activity opportunities (including school wellness policies); and (ii) if the local educational agency to be served through the grant does not have an active school wellness council consistent with the requirements of the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), establish such a school wellness council, which may be part of an existing school council that has the capacity and willingness to address school wellness; (F) engage family members and community-based organizations in the development of physical education indicators surveys, and in the planning, implementation, and review of the eligible local applicant’s efforts under this title; and (G) consider and accommodate the unique needs of students with disabilities and English language learners in implementing activities. (h) Accountability (1) Establishment of performance metrics The Secretary, acting through the Director of the Institute of Education Sciences, shall establish program performance metrics to measure the effectiveness of the activities carried out under this title. (2) Annual report Each State that receives a grant under this title shall prepare and submit to the Secretary an annual report that includes information relevant to the physical education indicators, including progress towards meeting outcomes for the metrics established under paragraph (1). 104. Funds reserved for Secretary From the amount reserved under section 102(1), the Secretary shall— (1) direct the Institute of Education Sciences to conduct an evaluation of the impact of the practices funded or disseminated under this title; and (2) provide technical assistance to applicants for and recipients of, grants and subgrants under this title. 105. Authorization of appropriations There are authorized to be appropriated to carry out this title such sums as may be necessary for fiscal year 2014 and each of the 5 succeeding fiscal years. II Parental involvement for healthy students; equal physical activity opportunities for students with disabilities 201. Parental involvement Section 1118(d)(1) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6318(d)(1) ) is amended— (1) by inserting , healthy, after supportive ; (2) by striking ; and participating and inserting ; participating ; and (3) by inserting after extracurricular time the following: ; and supporting their children in leading a healthy and active life, such as by providing healthy meals and snacks, encouraging participation in physical education, and sharing in physical activity outside the school day to support successful academic achievement . 202. Equal physical activity opportunities for students with disabilities (a) In general Title V of the Rehabilitation Act of 1973 (29 U.S.C. 791 et seq.) is amended by adding at the end the following: 511. Equal physical activity opportunities for students with disabilities (a) In general The Secretary shall promote equal opportunities for students with disabilities to be included and to participate in physical education and extracurricular athletics implemented in, or in conjunction with, elementary schools, secondary schools, and institutions of higher education, by ensuring the provision of appropriate technical assistance and guidance for schools and institutions described in this subsection and their personnel. (b) Technical assistance and guidance The provision of technical assistance and guidance described in subsection (a) shall include— (1) providing technical assistance to elementary schools, secondary schools, local educational agencies, State educational agencies, and institutions of higher education, regarding— (A) inclusion and participation of students with disabilities, in a manner equal to that of the other students, in physical education opportunities (including classes) and extracurricular athletics opportunities, including technical assistance on— (i) providing reasonable modifications to policies, practices, and procedures; and (ii) providing supports to ensure such inclusion and participation; (B) provision of adaptive sports programs, in the physical education and extracurricular athletics opportunities, including programs with competitive sports leagues or competitions, for students with disabilities; and (C) responsibilities of the schools, institutions, and agencies involved under section 504, the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), and any other applicable Federal law to provide students with disabilities equal access to extracurricular athletics; (2) facilitating information sharing among the schools, institutions, and agencies, and students with disabilities, on ways to provide inclusive opportunities in physical education and extracurricular athletics for students with disabilities; and (3) monitoring the extent to which physical education and extracurricular athletics opportunities for students with disabilities are implemented in, or in conjunction with, elementary schools, secondary schools, and institutions of higher education. (c) Definitions In this section: (1) Agencies The terms local educational agency and State educational agency have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Schools and institutions The terms elementary school , secondary school , and institution of higher education mean an elementary school, secondary school, or institution of higher education, respectively (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )), that receives, or has 1 or more students that receive, Federal financial assistance. (3) Student with a disability (A) In general The term student with a disability means an individual who— (i) attends an elementary school, secondary school, or institution of higher education; and (ii) who— (I) is eligible for, and receiving, special education or related services under part B of the Individuals with Disabilities Education Act ( 20 U.S.C. 1411 et seq. ); or (II) is an individual with a disability, for purposes of section 504 or the Americans with Disabilities Act of 1990. (B) Students with disabilities The term students with disabilities means more than 1 student with a disability. . (b) Table of contents The table of contents in section 1(b) of the Rehabilitation Act of 1973 is amended by inserting after the item relating to section 509 the following: Sec. 510. Establishment of standards for accessible medical diagnostic equipment. Sec. 511. Equal physical activity opportunities for students with disabilities. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2178ih/xml/BILLS-113hr2178ih.xml

113-hr-2179

I 113th CONGRESS 1st Session H. R. 2179 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Kind (for himself and Mr. Schock ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To provide for the publication by the Secretary of Human Services of physical activity guidelines for Americans. 1. Short title This Act may be cited as the Physical Activity Guidelines for Americans Act . 2. Physical activity guidelines for Americans (a) Report (1) In general At least every 10 years, the Secretary of Health and Human Services (in this section referred to as the Secretary ) shall publish a report entitled Physical Activity Guidelines for Americans . Each such report shall contain physical activity information and guidelines for the general public, and shall be promoted by each Federal agency in carrying out any Federal health program. Not later than 5 years after the publication of the first such report, and every 10 years thereafter, the Secretary shall publish a report highlighting the best practices and continuing issues in the physical activity arena, which may focus on a particular group, subsection, or other division of the general public or a particular issue relating to the physical activity of Americans. (2) Basis of guidelines The information and guidelines contained in each report required under paragraph (1) shall be based on the preponderance of the scientific and medical knowledge which is current at the time the report is prepared, and shall include guidelines for identified population subgroups, including children, if the preponderance of scientific and medical knowledge indicates those subgroups require different levels of physical activity. (b) Approval by Secretary (1) Review Any Federal agency that proposes to issue any physical activity guidance for the general population or identified population subgroups shall submit the text of such guidance to the Secretary for a 60-day review period. (2) Basis of review (A) In general During the 60-day review period established in paragraph (1), the Secretary shall review and approve or disapprove such guidance to assure that the guidance either is consistent with the Physical Activity Guidelines for Americans or that the guidance is based on medical or new scientific knowledge which is determined to be valid by the Secretary. If after such 60-day review period the Secretary has not notified the proposing agency that such guidance has been disapproved, then such guidance may be issued by the agency. If the Secretary disapproves such guidance, it shall be returned to the agency. If the Secretary finds that such guidance is inconsistent with the Physical Activity Guidelines for Americans and so notifies the proposing agency, such agency shall follow the procedures set forth in this subsection before disseminating such proposal to the public in final form. If after such 60-day period, the Secretary disapproves such guidance as inconsistent with the Physical Activity Guidelines for Americans the proposing agency shall— (i) publish a notice in the Federal Register of the availability of the full text of the proposal and the preamble of such proposal which shall explain the basis and purpose for the proposed physical activity guidance; (ii) provide in such notice for a public comment period of 30 days; and (iii) make available for public inspection and copying during normal business hours any comment received by the agency during such comment period. (B) Review of comments After review of comments received during the comment period, the Secretary may approve for dissemination by the proposing agency a final version of such physical activity guidance along with an explanation of the basis and purpose for the final guidance which addresses significant and substantive comments as determined by the proposing agency. (C) Announcement Any such final physical activity guidance to be disseminated under subparagraph (B) shall be announced in a notice published in the Federal Register, before public dissemination along with an address where copies may be obtained. (D) Notification of disapproval If after the 30-day period for comment as provided under subparagraph (A)(ii), the Secretary disapproves a proposed physical activity guidance, the Secretary shall notify the Federal agency submitting such guidance of such disapproval, and such guidance may not be issued, except as provided in subparagraph (E). (E) Review of disapproval If a proposed physical activity guidance is disapproved by the Secretary under subparagraph (D), the Federal agency proposing such guidance may, within 15 days after receiving notification of such disapproval under subparagraph (D), request the Secretary to review such disapproval. Within 15 days after receiving a request for such a review, the Secretary shall conduct such review. If, pursuant to such review, the Secretary approves such proposed physical activity guidance, such guidance may be issued by the Federal agency. (3) Definitions In this subsection: (A) The term physical activity guidance for the general population does not include any rule or regulation issued by a Federal agency. (B) The term identified population subgroups shall include, but not be limited to, groups based on factors such as age, sex, race, or physical disability. (c) Existing authority not affected This section does not place any limitations on— (1) the conduct or support of any scientific or medical research by any Federal agency; or (2) the presentation of any scientific or medical findings or the exchange or review of scientific or medical information by any Federal agency.

https://www.govinfo.gov/content/pkg/BILLS-113hr2179ih/xml/BILLS-113hr2179ih.xml

113-hr-2180

I 113th CONGRESS 1st Session H. R. 2180 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Larsen of Washington introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend the Procurement Technical Assistance Cooperative Agreement Program in title 10, United States Code. 1. Amendments relating to Procurement Technical Assistance Cooperative Agreement Program (a) Increase in Government share Section 2413(b) of title 10, United States Code, is amended— (1) by striking one-half both places it appears and inserting 65 percent ; and (2) by striking three-fourths and inserting 75 percent . (b) Increase in limitations on value of assistance Section 2414(a) of such title is amended— (1) in paragraphs (1) and (4), by striking $600,000 and inserting $750,000 ; (2) in paragraph (2), by striking $300,000 and inserting $450,000 ; and (3) in paragraph (3), by striking $150,000 and inserting $300,000 .

https://www.govinfo.gov/content/pkg/BILLS-113hr2180ih/xml/BILLS-113hr2180ih.xml

113-hr-2181

I 113th CONGRESS 1st Session H. R. 2181 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Latham (for himself and Mr. Blumenauer ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend titles XVIII and XIX of the Social Security Act with respect to the qualification of the director of food services of a Medicare skilled nursing facility or a Medicaid nursing facility. 1. Short title This Act may be cited as the Safe Food for Seniors Act of 2013 . 2. Qualification of director of food services of a Medicare skilled nursing facility or a Medicaid nursing facility (a) Medicare skilled nursing facilities Section 1819(b)(4)(A) of the Social Security Act ( 42 U.S.C. 1395i–3(b)(4)(A) ) is amended by adding at the end the following: With respect to meeting any staffing requirement imposed by the Secretary for purposes of satisfying clause (iv), in the case that the facility does not employ a full-time qualified dietitian (as defined in paragraph (2) of section 483.35(a) of title 42, Code of Federal Regulations, as in effect as of the date of the enactment of the Safe Food for Seniors Act of 2013) but complies with such section by designating a director of food services (as described in paragraph (1) of such section), the director of food services shall be a Certified Dietary Manager meeting the applicable requirements published by the Certifying Board for Dietary Managers, a Dietetic Technician, Registered meeting the applicable requirements published by the Commission on Dietetic Registration, or an individual with equivalent military or academic qualifications (as specified by the Secretary). . (b) Medicaid nursing facilities Section 1919(b)(4)(A) of the Social Security Act ( 42 U.S.C. 1396r(b)(4)(A) ) is amended by adding at the end the following: With respect to meeting any staffing requirement imposed by the Secretary for purposes of satisfying clause (iv), in the case that the facility does not employ a full-time qualified dietitian (as defined in paragraph (2) of section 483.35(a) of title 42, Code of Federal Regulations, as in effect as of the date of the enactment of the Safe Food for Seniors Act of 2013) but complies with such section by designating a director of food services (as described in paragraph (1) of such section), the director of food services shall be a Certified Dietary Manager meeting the applicable requirements published by the Certifying Board for Dietary Managers, a Dietetic Technician, Registered meeting the applicable requirements published by the Commission on Dietetic Registration, or an individual with equivalent military or academic qualifications (as specified by the Secretary). . (c) Effective date The amendments made by this section shall take effect on the date that is 180 days after the date of enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2181ih/xml/BILLS-113hr2181ih.xml

113-hr-2182

I 113th CONGRESS 1st Session H. R. 2182 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Ms. Lee of California (for herself, Mr. Hoyer , Ms. Brownley of California , Ms. Chu , Mr. Hastings of Florida , Mr. Serrano , Mr. Nadler , Mr. Conyers , Mr. Vela , Ms. Clarke , Mr. Rush , Ms. Moore , Ms. Sewell of Alabama , Ms. Kaptur , Mrs. Beatty , Mr. Cicilline , Mr. Ellison , Mr. Grijalva , Ms. Fudge , Mr. Connolly , Mr. Rangel , Ms. Schakowsky , Mr. Langevin , Mr. Sires , Mr. Cárdenas , Ms. Edwards , Mr. Danny K. Davis of Illinois , Mr. Richmond , Ms. Wilson of Florida , Mr. Carson of Indiana , Ms. Brown of Florida , Mr. Tonko , Mr. Veasey , Ms. Kelly of Illinois , Mr. Clay , Mr. Butterfield , Mrs. Napolitano , Mr. Heck of Washington , Mr. Honda , Ms. DeLauro , Mr. Brady of Pennsylvania , Ms. Norton , and Ms. Jackson Lee ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To establish the Federal Interagency Working Group on Reducing Poverty which will create and carry out a national plan to cut poverty in America in half in ten years. 1. Short title This Act may be cited as the Half in Ten Act of 2013 . 2. Findings Congress finds the following: (1) The persistence of poverty, and especially intergenerational poverty, in America can be seen as a deep, structural problem that implicates our value system and our educational and economic institutions. (2) Poverty may be defined as the lack of basic necessities of life such as food, shelter, clothing, health care, education, economic security, and economic opportunity. (3) Policy initiatives and many safety net programs addressing poverty have not kept pace with the needs of millions of Americans. (4) The lack of an equitable distribution of housing choices across the country leads to isolation and concentrated poverty. (5) The number of Americans living in poverty rose by over 2.6 million from 2009 to 2010 (U.S. Census Bureau, September 2011). (6) There were 46.2 million Americans living in poverty in 2010, consisting of 15.1 percent of the American people (U.S. Census Bureau, September 2011). (7) Poverty has a disproportionate impact on minority communities in America with 27.4 percent of African-Americans, 26.6 percent of Hispanics, 12.1 percent of Asian Americans, and 9.9 percent of Whites living in poverty in the United States in 2010 (U.S. Census Bureau, September 2011). (8) In 2010 a family of 4 was considered poor under the U.S. Census Bureau’s official measure if the family’s income was below $22,314. (9) The economic consequences of poverty in the United States are estimated to be at least $500 billion per year (Center for American Progress, 2007). (10) Children who grow up in poverty experience higher crime rates, decreased productivity, and higher health costs over their lives (Center for American Progress, 2007). (11) 3,500,000 seniors lived in poverty in 2010 (U.S. Census Bureau, 2011). (12) Young Americans, ages 18–24, experience a higher poverty rate than the national average (U.S. Census Bureau, 2011). (13) 16,400,000 children lived in poverty in 2010—more than one in every five American children (U.S. Census Bureau, 2011). (14) Almost 35 percent of African-American children and over 30 percent of Hispanic children lived in poverty in 2009 (U.S. Census Bureau, 2011). (15) The 46,180,000 of Americans in poverty in 2010 was the largest number yet recorded in the 52 years for which poverty estimates are available (U.S. Census Bureau, 2011). (16) Individuals and families in poverty are more socially vulnerable to natural disasters, extreme weather and impacts of climate change and have greater difficulty preparing for, responding to and recovering from such events (Oxfam America, 2009). (17) Children who live in families who fall into poverty for even short periods of time are at greater risk of a lifetime of lower earnings, lower educational attainment, and increased reliance on public services and increased rates of incarceration (First Focus, 2008). (18) It is estimated that the additional 3 million children who were forced into poverty due to the recession of 2008, resulted in $35 billion in economic losses annually, and will cause at least $1.7 trillion in economic losses to the United States during their lifetimes (First Focus, 2008). (19) Reducing poverty, especially child poverty, not only reduces costs for Federal, State, and local social services and benefits programs, but also increases tax revenue at all levels of government (Children’s Defense Fund, 2009). (20) The House of Representatives, on January 22, 2008, has resolved that it is the sense of Congress that the United States should set a national goal of cutting poverty in half over the next 10 years. 3. Definitions In this Act: (1) Federal agency The term Federal agency means any executive department, Government corporation, Government-controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency. (2) Poverty The term poverty means an income level and living standard associated with and based on the official poverty measure as established and updated by the U.S. Census Bureau which establishes a threshold of minimum income necessary to achieve a standard of living free from deprivation of basic needs. (3) Extreme Poverty The term extreme poverty means having an income level or living standard at a level of extreme deprivation based on living with income below 50 percent of the Federal poverty line as established by the U.S. Census. (4) Near Poverty The term near poverty means having a level of household income below 200 percent of the Federal poverty line. (5) Child Poverty The term child poverty means poverty which impacts those persons under 18 years of age. (6) Deprivation The term deprivation means lacking some or all basic human needs. (7) Decent Living Standard The term decent living standard means the amount of annual income that would allow an individual to live beyond deprivation at a safe and decent, but modest, standard of living. (8) Alternative Poverty Measures The term alternative poverty measures means measures and indicators, other than the traditional income based measure of poverty, which can provide a more detailed picture of the low-income and poverty stricken populations, such as the number of people who were kept above poverty by Government supports, the number of people who are poor due to medical expenses, child care, and work expenses, the rates of food insecurity, the number of people who are asset poor (with less than three months of income saved), the number of disconnected youth, teen birth rates, participation rates in Federal anti-poverty programs for all eligible populations, and the number of people who are unbanked. (9) Regional Costs of Living The term regional costs of living means a measure of the differing costs of maintaining a given living standard in varying regional, geographic, urban or rural regions. (10) Economic Insecurity The term economic insecurity means the inability of individuals and households to cope with routine adverse or costly life events and the lack of means to maintain a decent standard of living and to recover from the costly consequences of those events. (11) Economic Stability The term economic stability means individuals and households have access to the means and support systems necessary to effectively cope with adverse or costly life events and have the ability to effectively recover from the consequences of those events while maintaining their standard of living or maintaining a decent standard of living. (12) Digital Divide The term digital divide means the gap between individuals, households, businesses and geographic areas at different socio-economic levels with regard to both their access information and communications technologies and including the imbalance both in physical access to technology and the resources, education and skills needed to effectively use computer technology and the Internet for a wide variety of activities. (13) Outcomes The term outcomes means change in the economic status, economic instability or economic security of an individual, household or other population which is attributable to a planned intervention, benefit, or service or series of interventions, benefits, and services, regardless of whether such an intervention was intended to change such economic status. (14) Disparate Impact The term disparate impact refers to the historic and ongoing impacts of the pattern and practice of discrimination in employment, education, housing, banking and nearly every other aspect of American life in the economy, society or culture that have an adverse impact on minorities, women, or other protected groups, regardless of whether such practices were motivated by discriminatory intent. 4. Establishment of the Federal Interagency Working Group on Reducing Poverty (a) Establishment of Federal Interagency Working Group on Reducing Poverty There is established within the Department of Health and Human Services, a Federal Interagency Working Group on Reducing Poverty, which shall be chaired by the Secretary of Health and Human Services, and whose members shall be selected by their respective agency heads from the senior ranks of their agencies, which shall— (1) develop, within 180 days of enactment, a National Strategy to reduce the number of persons living in poverty in America in half within 10 years of the release of the 2012 Census report on Income, Poverty and Health Insurance Coverage in the United States: 2011, that includes goals and objectives relating to— (A) reducing in half the number of Americans living in poverty as reported by the 2012 Census report on Income, Poverty and Health Insurance Coverage in the United States: 2011; (B) eliminating child poverty in America; (C) eliminating extreme poverty in America; (D) improving the effectiveness and outcomes of poverty related programs by improving our understanding of the root causes of poverty, the social, economic, and the cultural contributors to persistent intergenerational poverty; (E) improving the measure of poverty to include more indicators and measures that can meaningfully account for other aspects relating to the measure of poverty, such as regional differences in costs of living, the impact of rising income inequality, the impact of the persistent digital divide , expanding the understanding of poverty by distinguishing a standard that measures a level of freedom from deprivation versus a standard that measures a standard of economic adequacy provided by a living wage and access to a decent living standard, and the impact of poverty on other measures of economic stability and economic outcomes, such as educational attainment, rates of incarceration, lifetime earnings, access to health care, health care outcomes, access to housing, and including other measures as necessary to improve our understanding of why poverty persists in America; (F) eliminating the disparate rates of poverty based on race, ethnicity, gender, age, or sexual orientation and identity, especially among children in those households so impacted; (G) measuring effectiveness of poverty related programs on the basis of long-term outcomes, including the long-term savings and value of preventive practice and policy, and employing fact based measures of programs to make improvements; (H) improving the accessibility of benefit and social services programs, reducing the complexity and difficulty of enrollment, and improving the rates of enrollment in need based programs for all eligible recipients to maximize the impact of benefits and social services programs on reducing the impacts of poverty and improving economic outcomes; (I) making more uniform eligibility requirements to improve the coordination of service delivery, reduce gaps in eligibility, and improve outcomes of programs addressing poverty in the Federal Government; (J) reducing the negative impacts of asset limits for eligibility which impact Federal, State and local poverty programs on the effectiveness of programs where limited eligibility creates gaps in necessary service and benefit delivery, and restricts access to benefits as individuals and families attempt to transition off of assistance programs and which can prevent needy beneficiaries from improving long-term outcomes and achieving long-term economic independence from need based programs; (K) identifying Federal programs, including those related to disaster relief, hazard mitigation, extreme weather and climate change, and necessary reforms to better target resources towards disproportionately impacted socially vulnerable, low income and disadvantaged communities may provide greater socio-economic benefits; (L) improving the ability of community-based organizations to participate in the development, oversight and implementation of Federal poverty-related programs; (M) improving access to good jobs with adequate wages and benefits by individuals living in poverty, low-income households, and the unemployed; (N) expanding and stabilizing poor and low income persons connection to work and access to critical job training and/or skills upgrade training that will lead to re-entry in the workforce; (O) developing a comprehensive strategy to connect low-income young people and to re-connect currently disconnected youth to education, work, and their community; and (P) shifting the focus of poverty and means tested programs across the Federal Government beyond the relief of deprivation and instead setting goals, measures, and outcomes more focused on measuring the success of programs in supporting and improving how capable individuals and families can access educational and economic opportunities to successfully transition away from accessing public assistance and benefits and achieving long-term economic stability which will reduce long-term costs in domestic social needs programs, reduce long-term health care costs due to the improved health of formerly poverty stricken households, increase the number of taxpaying individuals which will increase revenue, and lower the enrollment and costs in need based benefits and services programs, thus improving the economy and reducing long-term deficits for Federal, State, and local governments; (2) oversee, coordinate, and integrate all policies and activities of the Federal Government, in coordination and consultation with the Domestic Policy Council and the National Economic Council, across all agencies relating to reducing the number of individuals, families, and children living below the Federal poverty line, in extreme poverty or near poverty and increasing the number of households able to achieve long-term economic stability with assets sufficient to maintain a decent living standard without relying on public supports— (A) economic, commercial, and programmatic policies that can effect or relieve the effects of poverty through job creation, and economic development targeted to low income, minority, rural, urban and other populations who suffer disparate rates of poverty, among Federal agencies; and (B) services and benefits including emergency programs, discretionary economic programs, and other policies and activities necessary to ensure that the Federal Government is able to mount effective responses to economic downturns and increases in the rates of poverty; (3) ensure that all relevant Federal agencies comply with appropriate guidelines, policies, and directives from the Federal Interagency Working Group on Reducing Poverty and the Department of Health and Human Services and other Federal agencies with responsibilities relating to poverty reduction or improving economic stability and independence; (4) ensure that Federal agencies, State governments and relevant congressional committees have access to, receive, and appropriately disseminate best practices in the administration of programs, have adequate resources to maximize the public awareness of programs, increase the reach of those programs, especially into historically disenfranchised communities, maximize enrollment for all eligible Americans, share relevant data, and issue relevant guidance in consultation with non-government organizations and policy experts in the field and State and local government officials who administer or direct policy for anti-poverty programs in increasing and maximizing the enrollment into and administration of programs and services designed to alleviate poverty; (5) enact best practices for improved data collection, relevant to— (A) reducing poverty; (B) reducing the racial, ethnic, age, gender, and sexual orientation or sexual identity based disparities in the rates of poverty; (C) adequately measuring the effectiveness, efficiency and impact of programs on the outcomes for individuals, families and communities who receive benefits and services; (D) streamlining enrollment and eligibility for programs; (E) improving long-term outcomes for individuals who are enrolled in service and benefit programs; (F) reducing reliance on public programs; (G) improving connections to work; (H) improving economic stability; (I) improving savings and investment, access to capital, increasing rates of entrepreneurship; (J) improving our understanding of the impact of extreme weather and natural disasters on economically vulnerable communities and improving those communities’ resilience to and recovery from extreme weather and natural disasters; (K) improving access to living wage employment; and (L) improving access to employment based benefits; and (6) study the feasibility of and test different interagency, State and local, public/private models of cooperative service and benefit delivery by creating necessary exemptions, waivers and funding sources to allow improved cooperation and innovation in the development of programs, practices, policies and procedures that advance the goal of reducing poverty and increasing economic opportunity. (b) Director of National Poverty Policy There shall be a Staff Director of National Poverty Policy, who shall be the head of the Federal Interagency Working Group on Reducing Poverty. 5. Appointment and responsibilities of the Director (a) Appointment (1) In general The Staff Director shall be appointed by the Secretary of Housing and Urban Development. (2) Qualifications The Secretary shall appoint the Staff Director from among individuals who have demonstrated ability and knowledge in social policy, improving outcome based management, issues of equity and equal opportunity and access to services and economic opportunity. (b) Responsibilities The Staff Director shall— (1) advise the Secretary and all relevant cabinet secretaries, and agency officials regarding the establishment of policies, goals, objectives, and priorities for reducing poverty in America in half in ten years, ending child poverty, ending extreme poverty and eliminating racial, ethnic, gender, and sexual identity and orientation based disparities in the rates of poverty; (2) advise the Secretary, when directed by the Secretary, advise relevant cabinet secretaries, heads of independent Federal agencies and other entities within the Executive Office of the President regarding mechanisms to improve the effectiveness, coordination, impact, and outcomes of social services, benefits, and other poverty reduction and economic opportunity programs, in collaboration with experts in the field, non-governmental organizations, and other governments; (3) work with Federal agencies to oversee, coordinate, and integrate the implementation of the National Plan or Strategy, including consultation with independent non-governmental policy experts and service provider groups engaged in serving low-income persons, children and households, State and local government officials who administer or direct policy for anti-poverty programs, and with as many groups that directly represent low-income people, such as public housing tenants’ associations, or other similar groups; and (4) resolve any disputes that arise between Federal agencies relating to the National Plan to reduce poverty in half in ten years or other matters within the responsibility of the Office. 6. Consultation (a) In general The Director may consult and obtain recommendations from, as needed, such Presidential and other advisory entities such as consultation with independent non-governmental policy experts and service provider groups engaged in serving low-income persons, children, and households; State and local government officials who administer or direct policy for anti-poverty programs, and groups made up of low-income people, such as public housing tenants’ associations, or other similar groups as the Director determines will assist in carrying out the mission of the Office, including, but not limited to— (1) the Administration for Children and Families (ACF); (2) the Administration on Aging (AoA); (3) the Department of Agriculture (USDA); (4) the Bankruptcy Courts; (5) the Bureau of Consumer Financial Protection; (6) the Bureau of Economic Analysis (BEA); (7) the Bureau of Indian Affairs (BIA); (8) the Bureau of the Census; (9) the Center for Nutrition Policy and Promotion; (10) the Centers for Medicare & Medicaid Services (formerly the Health Care Financing Administration); (11) the Commission on Civil Rights; (12) the Office of Community Planning and Development; (13) the Consumer Financial Protection Bureau; (14) the Coordinating Council on Juvenile Justice and Delinquency Prevention; (15) the Corporation for National and Community Service; (16) the Council of Economic Advisers; (17) the Department of Agriculture (USDA); (18) the Department of Commerce (DOC); (19) the Department of Defense (DOD); (20) the Department of Education (ED); (21) the Department of Health and Human Services (HHS); (22) the Department of Housing and Urban Development (HUD); (23) the Department of Justice (DOJ); (24) the Department of Labor (DOL); (25) the Department of the Treasury; (26) the Department of Transportation (DOT); (27) the Department of Veterans Affairs (VA); (28) the Disability Employment Policy Office; (29) the Domestic Policy Council; (30) the Drug Enforcement Administration (DEA); (31) the Economic Development Administration; (32) the Economic Research Service; (33) the English Language Acquisition Office; (34) the Equal Employment Opportunity Commission (EEOC); (35) the Fair Housing and Equal Opportunity; (36) the Federal Bureau of Prisons; (37) the Federal Housing Finance Board; (38) the Federal Labor Relations Authority; (39) the Federal Trade Commission (FTC); (40) the Food and Nutrition Service; (41) the Indian Health Service; (42) the Interagency Council on Homelessness; (43) the Internal Revenue Service (IRS); (44) the Legal Services Corporation; (45) the National AIDS Policy Office; (46) the National Credit Union Administration; (47) the National Economic Council; (48) the National Institutes of Health (NIH); (49) the National Labor Relations Board; (50) the Occupational Safety & Health Administration (OSHA); (51) the Office of Management and Budget (OMB); (52) the Office of Refugee Resettlement; (53) the Office of Policy Development and Research (Housing and Urban Development Department); (54) the Small Business Administration (SBA); (55) the Social Security Administration (SSA); (56) the Substance Abuse and Mental Health Services Administration; (57) the Veterans’ Employment and Training Service; and (58) the Women’s Bureau (Labor Department). (b) National strategy In developing and updating the National Strategy the Executive Director shall consult with the Domestic Policy Council, the National Economic Council, and, as appropriate, hold regional public hearings around the country to collect information and feedback from the public on their efforts and experience for the development and updating of the National Strategy and make this information available to the public. 7. Reports to Congress and the public (a) In general The Chair of the Federal Interagency Working Group on Reducing Poverty shall submit an annual report to the appropriate congressional committees describing the activities, ongoing projects, and plans of the Federal Government designed to meet the goals and objectives of the National Strategy on Poverty. The report shall include an accounting of the savings to the Government from any increased efficiencies in the delivery of services, any savings from reducing the numbers of Americans living in poverty and reductions in the demand for need based services and benefits for which persons living in and near poverty are eligible, as well as an accounting of any increase in revenue collections due to the numbers of persons who become gainfully employed and pay taxes into the Treasury instead of drawing benefits and services from it. (b) National academy of sciences workshop Within 90 days after funds are made available to carry out this Act, the Secretary of Health and Human Services shall contract with the National Academy of Sciences (hereinafter in this subsection referred to as the NAS ) to initiate a workshop series to provide necessary background information to enable the Working Group on Reducing Poverty to develop and finalize its plan. (1) The NAS shall convene a steering committee to organize, plan, and conduct a public workshop on what is known about the economic and social costs of poverty, including, but not limited to the following: (A) Macroeconomic costs (effects on productivity and economic output). (B) Health costs (effects on health expenditures and health status). (C) Crime and other social costs. (D) Direct Federal budget effects (e.g., outlays for income support and other poverty reduction programs). (E) Natural Disaster related risks and costs. (F) The workshop shall also consider poverty metrics (e.g., income poverty, food insecurity, and other measures of deprivation), and their role in assessing the effects of poverty and the performance of anti-poverty programs. The NAS shall commission experts to prepare papers that summarize and critique the relevant literature estimating monetary and non-monetary economic and social impacts of poverty. A workshop summary shall be produced that, along with the papers, shall be available electronically on the NAS website. This workshop shall be convened within 6 months of receipt of a contract, the papers posted immediately, and the summary released by the end of month. (2) The NAS steering committee shall organize, plan, and conduct a second public workshop on what is known about the economic and social costs and benefits of a variety of programs and strategies to reduce and prevent poverty. It shall take account of such issues as the following: (A) Short-term versus long-term effects, including budget implications. (B) Effects for different population groups, such as children, the elderly, immigrants, long-term single-parent families, displaced older workers, young people with large loans, people in areas of concentrated poverty and other social ills (e.g., Indian reservations, some inner city areas, some rural areas). (C) Effects by depth of poverty and near-poverty (e.g., income to poverty ratios of less than 50 percent, less than 100 percent, less than 200 percent). This second workshop shall be convened within 9 months of receipt of a contract, the papers posted immediately, and a summary released by the end of month 12. (c) Report The relevant sections of the report shall be posted on each agency’s website on the plans and impacts specific to their agency. (d) Public report A version of each report submitted under this section shall be made available to the public. (e) Legislative language The Working Group on Reducing Poverty shall submit, as necessary, legislative language, including specific legislative recommendations to the Congress of the United States towards achieving the national goals.

https://www.govinfo.gov/content/pkg/BILLS-113hr2182ih/xml/BILLS-113hr2182ih.xml

113-hr-2183

I 113th CONGRESS 1st Session H. R. 2183 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Ms. Lee of California introduced the following bill; which was referred to the Committee on Armed Services , and in addition to the Committees on Intelligence (Permanent Select) and the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To direct the Director of the CIA to cease lethal drone operations, and for other purposes. 1. Short title This Act may be cited as the “ Drones Accountability Act ”. 2. Drones out of CIA (a) The Central Intelligence Agency shall not own, operate, command, or control any armed unmanned aerial vehicle or any combat aircraft. (b) No member of the Armed Forces, and no other employee or contractor of the Department of Defense, may carry out any order or authorization from any employee or contractor of the Central Intelligence Agency to use lethal force. 3. Report requirement and legal opinion disclosure (a) The Department of Defense shall report to Congress on: (1) The existence and sufficiency of civilian protection mechanisms in accordance with international law binding to the United States via treaty including the 1949 Geneva Conventions for armed operations using unmanned aerial vehicle operations, including civilian casualty mitigation processes and post-strike investigatory procedures. (2) The methodology used to distinguish combatants from civilians prior to armed operations and after a strike has occurred. (3) The existence and sufficiency of standards for the identification of targets, including the reliability of signatures , and the sufficiency of intelligence sources and analysis where there is limited U.S. ground presence. (4) The existence and sufficiency of processes for recognizing the immediate and long-term effects of drones strikes on the organization being targeted and on the country or region in which the strike takes place. (b) Legal opinions provide to Congress: Not later than thirty days after the date of the enactment of this Act, and once every three months thereafter, the Department of Defense, the Department of Justice, and the Central Intelligence Agency shall provide all legal opinions providing advice regarding the authority to use lethal force to justify operations. 4. Sense of Congress regarding moratorium on lethal drones until safeguards in place and limitation on use of funds used to target individuals not involved in imminent attack against U.S (a) It is the sense of Congress that a moratorium must be enforced against the lethal use of armed unmanned aerial vehicles until the Administration has presented and Congress has approved sufficient safeguards and sufficient oversight addressing highlighted in section 3(a)(i). (b) Until such safeguards are in place, no funds available for the United States Armed Forces or the Central Intelligence Agency may be obligated or expended for the purpose of using lethal force against an individual unless the individual presents an imminent threat to the United States, lethal force is the last resort, and the harm caused to civilians or civilian property is proportional and does not violate international humanitarian law adopted by the United States via treaty including the 1949 Geneva Conventions.

https://www.govinfo.gov/content/pkg/BILLS-113hr2183ih/xml/BILLS-113hr2183ih.xml

113-hr-2184

I 113th CONGRESS 1st Session H. R. 2184 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Loebsack 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 foster community involvement, and for other purposes. 1. Short title This Act may be cited as the Working to Encourage Community Action and Responsibility in Education Act or the WE CARE Act . 2. Findings The Congress finds the following: (1) The long-term health of the Nation’s democracy, as well as our economy, is dependent upon the strength of our young people. (2) The challenge of educating the Nation’s students cannot be met by schools alone. Cross-sector community engagement, including schools, community-based organizations, businesses, parents, faith-based organizations, local government, students and others must all work together to ensure that students receive the support they need to be successful. (3) Schools that have strong relationships with their communities have improved academic achievement and develop stronger families, schools and communities. (4) National Academy of Sciences studies show that ensuring that a child has adequate nurturing influences, including those provided by community programs, results in improved academic, social and civic outcomes. (5) In order for students to be successful in school, their academic and non-academic needs must be met. In a study that analyzed the impact of having five key resources in children's lives: Caring adults, safe places, a healthy start, an effective education, and opportunities to help others, students with four or five of these resources were twice as likely as their peers with zero or one resource to get A’s in school, 40 percent more likely to volunteer, and twice as likely to avoid violence. (6) The services provided by community-based organizations are invaluable in strengthening the Nation’s young people. Research shows that such services keep students in school, promote their academic achievement, reduce pregnancy, reduce delinquent behavior, and promote civic engagement. (7) Research shows that effective dropout prevention programs meet students’ needs inside and outside the classroom. One such program demonstrated that 82 percent of students improved their attendance, 86 percent had fewer behavior incidents, 89 percent improved their academic performance, and 85 percent of eligible seniors graduated from high school. 3. Amendments to the Elementary and Secondary Education Act of 1965 (a) Statement of purpose Section 1001 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 ) is amended— (1) by amending paragraph (11) to read as follows: (11) coordinating services under all parts of this title with each other, with services under all other titles of this Act, with other education services, and with other public and private agencies in the community providing services to children and youth; ; (2) in paragraph (12) by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (13) promoting stronger enhanced partnerships between schools and their communities that can contribute to student success and greater family and community involvement in creating the conditions for learning for their children. . (b) School improvement Section 1003 of that Act ( 20 U.S.C. 6303 ) is amended— (1) in subsection (c)— (A) in paragraph (2) by striking and at the end; (B) in paragraph (3) by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (4) demonstrate a commitment to coordinating with stakeholders in the community, including local government, community-based service providers and other non-profit organizations, and businesses, to address the academic and non-academic factors impacting student achievement. ; and (2) in subsection (g)(6)— (A) in subparagraph (A) by striking and at the end; (B) in subparagraph (B) by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (C) a commitment to coordinating with a stakeholders in the community, including local government, community-based service providers and other non-profit organizations, and businesses, to address the academic and non-academic factors impacting student achievement. . (c) State plans Section 1111 of that Act ( 20 U.S.C. 6311 ) is amended— (1) in subsection (a)(1) by inserting students, before and parents ; (2) in subsection (b), by striking paragraph (9) and inserting the following: (9) Factors affecting student achievement Each State plan shall include— (A) an assessment of the nonacademic factors influencing student achievement; (B) a description of public and private organizations and agencies within the State that are working to impact the factors identified under subparagraph (A), including but not limited to State departments of health and human services, State agencies administering juvenile justice programs, State housing agencies, State agencies administering national and community service and service-learning programs, and nonprofit youth development and community-based organizations and other entities as appropriate; (C) a strategy for coordination and collaboration with these organizations and agencies to provide needed services to children, youth and families that are integrated with services offered by specialized instructional support personnel in the school and local educational agency homeless liaisons, designated pursuant to section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act, will result in improved academic performance; and (D) an assurance that the State educational agency will assist local educational agencies within the State that are identified under section 1116 in developing and implementing such strategies for coordination and collaboration. ; (3) in subsection (c), by striking paragraph (4) and inserting the following: (4) the State educational agency will work with other public and private organizations and agencies, including educational service agencies or other local consortia, and institutions, including but not limited to State departments of health and human services, State housing agencies, State agencies administering juvenile justice programs, State agencies administering national and community service and service-learning programs, and nonprofit youth development and community-based organizations and other entities as appropriate, to provide technical assistance to local educational agencies and schools, technical assistance that will help them address the factors identified under (b)(9), including technical assistance in providing professional development under section 1119, technical assistance under section 1117, and technical assistance relating to parental involvement under section 1118; ; (4) in subsection (d)— (A) in paragraph (1) by striking and at the end; (B) in paragraph (2) by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (3) involve community-based organizations and other entities that have relationships with parents and can facilitate and support their involvement in the education of their children. ; (5) in subsection (h)(1)— (A) in subparagraph (C)— (i) in clause (vii) by striking and at the end; (ii) in clause (viii) by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following: (ix) school attendance rates; (x) average class size in each grade; (xi) academic achievement and gains in English proficiency of limited English proficient students; (xii) the incidence of school violence, drug abuse, alcohol abuse, student suspensions, and student expulsions; (xiii) the extent and type of parental involvement in the schools; (xiv) the extent and type of community involvement in schools, including partnerships between schools and public and private agencies and organizations, as well as services provided to children, youth and families resulting from these partnerships, and if possible, improvements in student academic achievement and other non-academic outcomes resulting from such partnerships; (xv) the percentage of students completing advanced placement courses, and the rate of passing of advanced placement tests; (xvi) other non-academic outcomes, including outcomes resulting from partnerships between schools and other entities, which may include social, emotional, physical, civic, and vocational outcomes; and (xvii) a clear and concise description of the State's accountability system, including a description of the criteria by which the State evaluates school performance, and the criteria that the State has established, consistent with subsection (b)(2) of this section, to determine the status of schools regarding school improvement, corrective action, and restructuring. ; and (B) in subparagraph (D) by striking Such information may include and all that follows through the period at the end; and (6) in subsection (h)(2)(B)(i)— (A) in each of subclauses (I) and (II), by striking and at the end; and (B) by adding at the end the following: (III) minimum information on student attendance rates, truancy rates, incidence of school violence, alcohol abuse, students suspension, and student expulsions; and (IV) the extent and type of community and parents involvement in the education of their children; and . (d) Local educational agency plans Section 1112(b)(1) of that Act (20 U.S.C. 6312(b)(1)) is amended— (1) by amending subparagraph (B) to read as follows: (B) an assessment of the non-academic factors influencing student achievement and a description of the other indicators that will be used in addition to the academic indicators described in section 1111 for the uses described in such section, including but not limited to the indicators listed in section 1111(h)(1)(B); ; (2) in subparagraph (P) by striking and at the end; (3) in subparagraph (Q)— (A) by striking where appropriate, ; and (B) by striking the period at the end; and (4) by adding at the end the following: (R) a description of how the local educational agency will coordinate and collaborate with the State educational agency, other public and private State agencies, and local public and private organizations and agencies, including but not limited to local departments of health and human services, local housing agencies, local departments of youth services, local agencies administering juvenile justice programs and facilities, local agencies and organizations administering national and community service and service-learning programs, local law enforcement agencies, and local nonprofit youth development and community-based organizations, and other entities as appropriate to provide services to children youth and families that are integrated with services from specialized instructional support personnel and local educational agency homeless liaisons, designated pursuant to section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act, in order to address the nonacademic factors identified under subparagraph (B), with an emphasis on addressing the needs of schools in school improvement, corrective action or restructuring under this section in order to address major factors that have significantly affected student achievement at the school; and (S) ensure that the results from the academic assessments required under section 1111(b)(3) will be provided to parents and teachers as soon as is practicably possible after the test is taken, in an understandable and uniform format and provided in a language that the parents and the public can understand. . (e) Schoolwide programs Section 1114 of that Act ( 20 U.S.C. 6314 ) is amended— (1) in subsection (b)(1)— (A) in subparagraph (A) by inserting , as well as the non-academic needs of students that impact academic success, including social, emotional, physical and civic needs before the period at the end; (B) in subparagraph (B)(iii)(I)— (i) in each of items (bb) and (cc) by striking and at the end; and (ii) by adding at the end the following: (dd) health, mental health, housing, and social services, family support, youth development and other activities offered by specialized instructional support personnel, educational agency homeless liaisons, designated pursuant to section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act, public and private agencies and community-based organizations and coordinated, if appropriate, in a full service community school, that reduce barriers to learning and improve the capacity of families to support their children’s education; (ee) efforts to prevent students from dropping out of school, and efforts to reconnect dropouts to school, alternative education programs, vocational training and work opportunities, or other services deemed appropriate by the local educational agency; and (ff) efforts focused on reductions in truancy, suspensions, and expulsions; and ; and (C) by adding at the end the following: (K) A strategy, developed in partnership with institutions and organizations such as local government, community-based organizations, institutions of higher education, specialized instructional support personnel, local educational agency homeless liaisons, designated pursuant to section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act, and others for addressing factors that affect student achievement and for mobilizing community assets to support student success. The strategy should include efforts to increase community involvement, including strategies to provide services to address the needs identified under described under subsection (b)(1)(A) and strategies to form partnerships with public and private organizations and agencies to implement services in accordance with items (dd), (ee), and (ff) of subsection (b)(1)(B)(iii)(I). ; (2) in subsection (b)(2)(B), by amending clause (ii) to read as follows: (ii) developed with the involvement of parents and other individuals and organizations in the community to be served and who will carry out such plan, including teachers, principals, specialized instructional support personnel, local educational agency homeless liaisons, designated pursuant to section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act, Parental Information Centers and administrators (including administrators of programs described in other parts of this title, administrators of public and nonprofit community-based services, and services provided by State and local government), and, if appropriate, technical assistance providers, school staff, and, if the plan relates to a secondary school, students from such school; ; and (3) in subsection (e)— (A) in paragraph (2)(B)(ii) by inserting after coordinator the following: to link eligible children and their families with services and resources available in the community ; (B) by redesignating paragraph (3) as (4); and (C) by inserting after paragraph (2) the following: (3) Reporting If services described in paragraph (2) are not available to eligible children and resources are insufficient in meeting their needs, the school shall report to the local educational agency, State educational agency, and public in a manner deemed appropriate by the school, the number of children experiencing needs for comprehensive services, unless doing so would violate the rights to privacy of such children, the services needed by the children, and an estimate of the needed financial resources to meet their needs. . (f) School improvement Section 1116 of that Act ( 20 U.S.C. 6316 ) is amended— (1) in subsection (b)(3)(A)— (A) in the matter preceding clause (i) by inserting after serving the school, the following: local stakeholders and potential resources (including business leaders), representatives of public and private nonprofit and social service agencies (including local government agencies), youth development organizations, students, ; (B) by redesignating clauses (vi) through (x) as (vii) through (xi), respectively; and (C) by inserting after clause (v) the following: (vi) conduct a comprehensive needs assessment, including an assessment of potential resources available in the State and the community to assist students in meeting the State's proficient level of achievement, and develop a plan to partner with public and private social service agencies, community-based organizations, youth development organizations, businesses, and other appropriate organizations, to link students and their families with support services to strengthen student performance at the school, including support services that will help to meet students’ non-academic needs; ; (2) in subsection (b)(4)(B)— (A) in clause (iii) by striking and at the end; (B) by redesignating clause (iv) as (v); and (C) by inserting after clause (iii) the following: (iv) shall include assistance in developing partnerships with public and private social service agencies, including local government agencies, community-based organizations, youth development organizations, businesses, and other appropriate organizations, to link students and their families with support services to strengthen student performance, including support services that will help to meet students’ non-academic needs; and ; (3) in subsection (b)(7)(C)(iv) by adding at the end the following: (VII) Hire or designate a staff member, such as a specialized instructional support personnel employed by the school or local agency, to coordinate and link students and families with resources available in the community to strengthen student performance, including support services that will help to meet students’ non-academic needs. ; (4) in subsection (c)(7)(A)— (A) in the matter preceding clause (i) by inserting after school staff, the following: local stakeholders and potential resources (including business leaders), representatives of public and private nonprofit and social service agencies (including local government agencies), youth development organizations, students, ; (B) by redesignating clauses (vi) through (viii) as (vii) through (ix), respectively; and (C) by inserting after clause (v) the following: (vi) include a comprehensive needs assessment, including an assessment of potential resources available in the State and the community to assist students in meeting the State's proficient level of achievement, and develop a plan to partner with public and private social service agencies, community-based organizations, youth development organizations, businesses, and other appropriate organizations, to link students and their families with support services to strengthen student performance, including support services that will help to meet students’ non-academic needs; ; (5) in subsection (c)(10)(C) by adding at the end the following: (viii) Mandate the placement of at least one staff member, such as a specialized instructional support personnel employed by the school or local agency, to coordinate and link students and families with resources available in the community to strengthen student performance, including support services that will help to meet students’ non-academic needs. ; (6) in subsection (e)(2)(A), in the matter preceding clause (i)— (A) by striking annual notice to parents and inserting notice to parents multiple times annually ; and (B) by striking , to the extent practicable, ; (7) in subsection (e)(4)(B) by inserting before the semicolon at the end the following: , and provide services in a comprehensive service delivery model ; (8) in subsection (e)(4)— (A) in subparagraph (D) by striking and at the end; (B) in subparagraph (E)— (i) by striking annual ; (ii) by inserting after supplemental educational services the following: multiple times annually ; and (iii) by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (F) prioritize outreach and technical assistance to existing school-based, community-based, faith-based and other public agency afterschool programs, including 21st Century Community Learning Centers programs, to encourage them to become providers of supplemental educational services. ; and (9) in subsection (e)(5)— (A) by redesignating subparagraphs (C) and (D) as (D) and (E), respectively; and (B) by inserting after subparagraph (B) the following: (C) Provide delivery of tutoring services in a comprehensive service delivery model through partnership or as part of a comprehensive after-school program. . (g) School support and recognition Section 1117 of that Act ( 20 U.S.C. 6317 ) is amended in subsection (a)(5)(A)— (1) in clause (vi) by striking or at the end; (2) by redesignating clause (vii) as (ix); and (3) by inserting after clause (vi) the following: (vii) representatives of public and private social service agencies, community-based organizations, youth development organizations, businesses, and other appropriate organizations; (viii) students; or . (h) Community involvement Subpart 1 of part A of title I of that Act is amended by inserting after section 1118 ( 20 U.S.C. 6318 ) the following: 1118A. Community involvement (a) Purpose The purpose of this section is to strengthen student achievement by— (1) engaging the whole community in the education of the Nation’s students; (2) leveraging supports, opportunities, and resources available within the community; (3) improving the coordination of services for students, their families, and the community; and (4) meeting student’s nonacademic needs. (b) Federal matching fund authorized The Secretary shall award grants to local educational agencies to support the implementation of community involvement policies consistent with subsection (c). (1) Grants to local educational agencies A grant to a local educational agency under this section shall not be greater than the amount of matching funds raised by the local educational agency and its community partners under paragraph (3). (2) Local educational agency application Each local educational agency that desires to receive a grant under this section shall submit an application to the Secretary at such time, and containing such information as the Secretary shall reasonably require. The Secretary shall require that each such application include the following: (A) The community involvement policy developed in accordance with subsection (c). (B) A description of the community partners that were involved in the development of the community involvement policy. (C) A description of the roles that will be played by partners in the implementation of the community involvement policy, including a description of the partners that will provide services to students, their families, and the community, a description of the services that will be provided; and memoranda of understanding between the local educational agency and community partners clearly delineating the roles and responsibilities of the local educational agency and its partners. (D) A description of how funds received under this section will be integrated with other Federal, State and local funds to maximize services and opportunities for students, their families and the community, including a description of how funds received under this section will be distributed and utilized. (E) A description of the matching funds secured through the development of the community involvement policy pursuant to paragraph (3). (3) Matching funds To be eligible to receive a grant under this section, a local educational agency must: (A) Provide an assurance that it will spend an amount greater than or equal to 1 percent of such agency’s allocation under subpart 2 of this part. (B) Provide an assurance that it will raise matching funds from community partners, including from nonprofit organizations serving children and youth, businesses, and other Federal, State, or public sources in an amount greater than or equal to 1 percent of such agency’s allocation under subpart 2 of this part, except that funds under this subparagraph shall not be provided from funds appropriated under subpart 2 of this part. Such funds may be provided in whole or in-part with in-kind contributions from partners and need not be transferred to the local educational agency in order to meet the requirements of this paragraph. (4) Distribution of funds (A) Equitable National Distribution In awarding grants under this subsection, the Secretary shall ensure an equitable geographic distribution of the grants. (B) Local Distribution Funds awarded to a local educational agency under this section or dedicated by a local educational agency under paragraph (3) may be utilized by the local educational agency or any of its partners to implement the Community Involvement Policy developed under subsection (c). (5) Maximum use of funds Of the funds awarded to a local educational agency under this section, the local educational agency must distribute to its nonprofit community partners an amount that is greater than or equal to the amount of matching funds committed by the nonprofit community partners pursuant to paragraph (3)(B). If the amount awarded to a local educational agency is less than an amount equal to 2 percent of such agency’s allocation under subpart 2 of this part, then the local educational agency must distribute to its nonprofit community partners an amount equal to at least half of the amount awarded under this section. (c) Community involvement policy To receive a grant under this section, a local educational agency shall develop jointly with members of the community, which shall include local government, community-based organizations, child and youth serving organizations and agencies, other business and community partners, and students, a policy for leveraging resources, services, and opportunities available within the community in order to support student achievement by meeting the academic and non-academic needs of students. The policy shall demonstrate how community resources will be coordinated with the work of pupil services personnel and local educational agency homeless liaisons, designated pursuant to section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act and shall be incorporated into the local educational agency’s plan developed under section 1112. The policy shall include the following components: (1) An analysis of available data on the comprehensive needs of the students served by the local educational agency, their families, and the community that analyzes the academic, social, emotional, physical, safety, civic, and, if appropriate, vocational needs of students and their families that may impact students’ ability to meet the challenging State student academic achievement standards. (2) A description of the potential resources, services, and opportunities available within the community or available near the community that students, their families, and those in the community may be able to access to meet the needs identified under paragraph (1) and support students to achieve the challenging State student academic achievement standards. (3) A strategy for developing and supporting partnerships to provide services to children youth and families in coordination with pupil services personnel and local educational agency homeless liaisons, designated pursuant to section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act. Such partnerships may— (A) include the local educational agency, schools, and local departments of health and human services, local departments of youth services, local agencies administering juvenile justice programs and facilities, local agencies and organizations administering national and community service and service-learning programs, local law enforcement agencies, local nonprofit youth development, Parental Information and Resource Centers, other community-based organizations, other public agencies, businesses, and other entities as appropriate; (B) be designed to provide services to children youth and families, including health and mental health services, quality before- and after-school programming, summer programs, school and community safety programs, mentoring, tutoring, service-learning, youth development, internships and apprenticeships, family strengthening activities, career counseling, job training, nutrition, and other services; and (C) involve the hiring or designating of a community involvement coordinator, such as a specialized instructional support personnel staff member, within the local educational agency, school or partner organization to facilitate the implementation of this section. (4) A strategy for informing parents, legal guardians, and caretakers of the opportunities for services available through the partnerships developed under paragraph (3). (5) A strategy for linking students and their families with the opportunities for services available through the partnerships developed under paragraph (3), including a strategy for meeting the transportation needs of students and families in coordination with partnering organizations and a strategy for covering the costs of such services. (6) A strategy for evaluating the impact of the community involvement policy and its implementation, including a description of the resources, supports and opportunities leveraged from the community to benefit students, their families, the local educational agency, schools, and the community. (7) A strategy for identifying barriers to developing effective school-community partnerships and developing ways to mitigate such barriers. (8) A strategy for providing professional development to principals, teachers, pupil services personnel, local educational agency homeless liaisons, designated pursuant to section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act, and the community involvement coordinator, if one is present in the local educational agency or school, to facilitate the smooth operation of communication across offices and partnering entities. (9) A strategy for developing a community involvement council to lead, monitor, and oversee the implementation of the community involvement policy in partnership with the local educational agency. Such a council may include parents and caretakers, students, principals, teachers, personnel, local educational agency homeless liaisons, designated pursuant to section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act, Parental Information and Resource Centers, representatives of the mayor or appropriate chief executive officers of general purpose local government, local departments of health and human services, local departments of youth services, local agencies administering juvenile justice programs and facilities, local agencies and organizations administering national and community service and service-learning programs, local law enforcement agencies, local nonprofit youth development, other community-based organizations, other public agencies, businesses, and other entities as appropriate. (d) Coordination with parent involvement strategies The community involvement policy developed under subsection (b) shall be developed and implemented in coordination with the parent involvement strategies developed under section 1118. (e) Reporting (1) Local educational agency reporting On an annual basis, each local educational agency that receives funds under this section shall report to the State educational agency, the Secretary, and the public on— (A) the amount and sources of matching funds raised in accordance with subsection (a)(3); (B) the number, type, and roles played by partners involved in the development and implementation of the Community Involvement Policy developed under subsection (c); (C) the services coordinated or provided through the implementation of the Community Involvement Policy developed under subsection (c); and (D) any information available on outcomes resulting from the activities carried out through the Community Involvement Policy developed under subsection (c). (2) State educational agency review and support Each State shall— (A) monitor and compile a report annually on each district’s implementation of community involvement policies and recommendations for improvement and submit this report to the Secretary and the public; (B) provide information and technical assistance to help local educational agencies comply with the community involvement provisions within the law; (C) the State education agency must provide a copy of this annual report to its respective Statewide PIRC where it shall— (i) identify how the local education agency can comply where they have been found to not be compliant in the annual report; and (ii) the Statewide PIRC shall report their recommendations for compliance to the State education agency as well as the school administration using existing communication methods; and (D) use all resources made available to the State under section 1117(a). (3) Report to congress On an annual basis, the Secretary shall report to Congress and the public a summary of the reports provided by the local educational agencies in accordance with paragraph (1). (f) Authorization of appropriations There are authorized to be appropriated such sums as necessary to carry out this section for each of fiscal years 2014 through 2019. . (i) Coordination requirements Section 1120B of that Act ( 20 U.S.C. 6322 ) is amended by adding at the end the following: (d) Barriers to coordination Each local educational agency receiving assistance under this part shall report to the Secretary at such time and in such manner as the Secretary may determine any barriers to coordination, and the Secretary shall report such barriers to coordination to the Federal Youth Development Council established under the Tom Osborne Federal Youth Coordination Act ( Public Law 109–365 ; 120 Stat. 2594). .

https://www.govinfo.gov/content/pkg/BILLS-113hr2184ih/xml/BILLS-113hr2184ih.xml

113-hr-2185

I 113th CONGRESS 1st Session H. R. 2185 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Lynch (for himself, Ms. Clarke , Mr. Conyers , Mr. Hastings of Florida , Ms. Jackson Lee , Mr. Jones , Mr. Kennedy , Mr. Markey , Mr. McGovern , Mr. Michaud , Mr. Neal , Mr. Pocan , and Ms. Tsongas ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 36, United States Code, to encourage the nationwide observance of two minutes of silence each Veterans Day. 1. Short title This Act may be cited as the Veterans Day Moment of Silence Act . 2. Observance of Veterans Day (a) Two minutes of silence Chapter 1 of title 36, United States Code, is amended by adding at the end the following new section: 145. Veterans Day The President shall issue each year a proclamation calling on the people of the United States to observe two minutes of silence on Veterans Day in honor of the service and sacrifice of veterans throughout the history of the Nation, beginning at— (1) 3:11 p.m. Atlantic standard time; (2) 2:11 p.m. eastern standard time; (3) 1:11 p.m. central standard time; (4) 12:11 p.m. mountain standard time; (5) 11:11 a.m. Pacific standard time; (6) 10:11 a.m. Alaska standard time; and (7) 9:11 a.m. Hawaii-Aleutian standard time. . (b) Clerical amendment The table of sections for chapter 1 of title 36, United States Code, is amended by adding at the end the following new item: 145. Veterans Day. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2185ih/xml/BILLS-113hr2185ih.xml

113-hr-2186

I 113th CONGRESS 1st Session H. R. 2186 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Markey (for himself, Ms. Slaughter , Mr. Clay , and Mr. Rangel ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Federal Food, Drug, and Cosmetic Act to provide for the compounding of drug products. 1. Short title This Act may be cited as the Verifying Authority and Legality In Drug Compounding Act of 2013 or the VALID Compounding Act . 2. Application of Federal law to practice of pharmacy compounding (a) Amendment Section 503A of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 353a ) is amended to read as follows: 503A. Pharmacy compounding (a) In general Sections 501(a)(2)(B), 502(f)(1), and 505 shall not apply with respect to a drug product if each of the following applies: (1) Except as provided in subsection (d), the drug product is compounded for an identified individual patient based on the receipt of a prescription order. (2) The drug product is compounded by a licensed pharmacist in a State-licensed pharmacy or a Federal facility, or by a licensed physician, pursuant to such prescription order or notation. (3) In the case of a drug product that is compounded using bulk substances (as defined in section 207.3(a)(4) of title 21, Code of Federal Regulations (or any successor regulations)— (A) such bulk substances— (i) are components of one or more drugs for which an approval of an application filed under subsection (b) or (j) of section 505 is in effect; (ii) are components of drugs that may be lawfully marketed in the United States without such an approval pursuant to the definition of a new drug in section 201; or (iii) appear on the list in effect under subsection (b); and (B) such bulk substances comply with the standards of an applicable United States Pharmacopeia or National Formulary monograph, if a monograph exists. (4) Any bulk substance used for purposes of compounding the drug product— (A) is manufactured by an establishment that is registered under section 510 (including a foreign establishment that is registered under section 510(i)); and (B) is accompanied by valid certificates of analysis. (5) The pharmacist or physician compounding the drug product complies with the standards of any applicable United States Pharmacopeia chapters on pharmacy compounding. (6) The drug product, including the dosage form and any ingredient thereof— (A) is not included in the list under subsection (c); and (B) is not withdrawn or removed from the market because such drug product or any ingredient thereof has been found to be unsafe or not effective. (7) Subject to subsection (e), the drug product is not a copy of a commercially available drug. (8) If the drug product is produced using high-risk sterile compounding, the drug product is compounded in accordance with the standards, processes, and procedures established under subsection (f). (b) List of bulk substances from which drug products may be compounded (1) In general For purposes of subsection (a)(3)(A)(iii), the Secretary shall, by guidance— (A) develop and maintain a list of bulk substances from which drug products may be compounded; and (B) include in the list only bulk substances that are not described in clause (i) or (ii) of subsection (a)(3)(A) and may be compounded to meet a medical need that cannot be filled by using a bulk substance that is described in such clause (i) or (ii); (C) specify for each bulk substance on the list under this subsection any limitation on compounding the bulk substance; and (D) specify for each bulk substance on the list under this subsection the particular medical need that is met by placing such substance on the list. (2) Initial publication; updates The Secretary shall— (A) not later than 1 year after the date of the enactment of the Verifying Authority and Legality In Drug Compounding Act of 2013 , publish an initial list under paragraph (1); and (B) not less frequently than every year thereafter, review and, as appropriate, update the list under paragraph (1). (3) Availability The Secretary shall make the list under paragraph (1) available on the public Web site of the Food and Drug Administration. (4) Transmission to State regulatory agencies Upon publication of the initial list under paragraph (1), and upon each update to the list, the Secretary shall transmit an up-to-date copy of the list to the agency in each State with primary responsibility for regulating pharmacies. (5) Petitions (A) In general In carrying out this subsection, the Secretary shall receive and consider petitions from any person identifying a substance that should be added to, or removed from, the list under this subsection. (B) Requirement for petitions seeking to add a bulk substance Any petition seeking to add a bulk substance to the list under this subsection shall specify the reasons— (i) why the bulk substance is needed for a procedure or population; and (ii) why such need is not met by bulk substances that are described in clause (i) or (ii) of subsection (a)(3)(A). (C) Approval or denial The Secretary shall approve or deny any petition received under this paragraph, and update the list under paragraph (1) accordingly, not later than 90 days after receipt of the petition, unless an extension of time is mutually agreed upon by the Secretary and the petitioner. (D) Final agency action A decision of the Secretary to approve or deny a petition received under this paragraph shall constitute final agency action subject to judicial review. (E) Public posting The Secretary shall publically post— (i) all petitions received under this paragraph within 21 days of receipt; and (ii) each approval, denial, and extension under subparagraph (C) promptly. (c) List of drug products that should not be compounded (1) In general For purposes of subsection (a)(6), the Secretary shall, by guidance— (A) develop and maintain a list of drug products that should not be compounded, including any categories, dosage forms, or ingredients of such drug products; and (B) include on such list, at a minimum— (i) drug products (or categories, dosage forms, or ingredients thereof) whose compounding is reasonably likely to cause an adverse effect on safety or effectiveness of such drug product, including extended release products, metered dose inhalers, transdermal patches, and liposomal products; and (ii) drug products (or categories, dosage forms, or ingredients thereof) that have been withdrawn or removed from the market because they have been found to be unsafe or not effective. (2) Applicability of certain provisions The provisions of paragraphs (2), (3), and (4) of subsection (b) shall apply with respect to the list under this subsection to the same extent and in the same manner as such provisions apply with respect to the list under subsection (b). (3) Petitions In carrying out this subsection, the Secretary shall receive and consider petitions from any person identifying a drug product that should be added to, or removed from, the list under this subsection. Subparagraphs (C) through (E) of subsection (b)(2) shall apply with respect to petitions under this paragraph to the same extent and in the same manner as such subparagraphs apply with respect to petitions under subsection (b)(5). (d) Exception to requirement of identified individual patient (1) In General A pharmacy or pharmacist that is not required to be registered under section 510 may compound a drug product without regard to subsection (a)(1) if the pharmacy or pharmacist— (A) registers with the Secretary as specified pursuant to paragraph (2); and (B) agrees to comply with any condition of operation or limitation of activity specified by the Secretary, including the conditions and limitations specified pursuant to paragraph (2). (2) Registration and requirements The Secretary shall specify by regulation for each type of pharmacy or pharmacist compounding drug products pursuant to the exception under this subsection— (A) the registration requirements for such pharmacy or pharmacist and the information that must be submitted with the registration, which information shall include— (i) the name and location of the pharmacy; (ii) the types of drugs that are compounded; (iii) the active ingredients in each such drug; (iv) the source and strength of the active ingredient in each drug; (v) the dosage form and route of administration of each drug; (vi) the number of individual units produced of each drug; (vii) the States to which drugs were shipped; (viii) the number of individual units of each drug that are shipped to each State; and (ix) affirmation that the pharmacy or pharmacist is in compliance with State pharmacy licensing regulations; (B) the frequency in which information described in subparagraph (A) must be submitted; (C) the conditions of operation, including good manufacturing practices and requirements for third-party testing, applicable to the compounding of drugs; and (D) any limitations on the activities of such pharmacy or pharmacist. (3) Types of pharmacies eligible The Secretary shall specify separate requirements for each type of pharmacy and pharmacist authorized to compound drug products pursuant to the exception under this subsection. The Secretary shall include separate requirements for— (A) any pharmacy or pharmacist within a hospital system that is compounding drug products exclusively for dispensing to patients within that hospital system; and (B) any pharmacy or pharmacist that compounds sterile drug products. (4) Memorandum of understanding (A) In general Subject to subparagraph (C), the Secretary may enter into appropriate memoranda of understanding with States to address State implementation of the exception under this subsection— (i) ensuring, to the Secretary’s satisfaction, that the State will implement the exception under this subsection in accordance with the requirements of this section; and (ii) including such other information and assurances as the Secretary may require. (B) Process; criteria The Secretary shall— (i) establish a process and criteria for entering into a memorandum of understanding under this paragraph, including the sharing of information between State and Federal authorities; and (ii) reevaluate each such memorandum of understanding not less than every 5 years to ensure, to the Secretary’s satisfaction, that the State’s implementation of the memorandum of understanding continues to conform to the requirements of this section. (C) Exclusive Federal authority The Secretary shall retain exclusive Federal authority to implement the exception under this subsection with respect to pharmacies and pharmacists that— (i) perform high-risk sterile compounding; or (ii) compound drug products for shipment across State lines. (5) Maintenance of list The Secretary shall maintain a publically available list— (A) identifying all pharmacies and pharmacists registered under this subsection; and (B) indicating, for each such pharmacy and pharmacist, whether the pharmacy or pharmacist is subject to regulation by a State pursuant to a memorandum of understanding in effect under paragraph (4). (e) Exceptions regarding copies of commercially available drugs A drug that is a copy of a commercially available drug may be compounded pursuant to this section without regard to subsection (a)(7) if— (1) (A) the commercially available drug that is being compounded is at the time of distribution on the drug shortage list under section 506E, and the pharmacy has provided notice to the Secretary that such drug is being compounded not later than 5 days after distributing such drug; or (B) the Secretary determines that com­pound­ing the drug product is necessary to protect public health or wellbeing; and (2) in the case of a commercially available drug marketed pursuant to a risk evaluation and mitigation strategy approved under section 505–1 and including one or more elements to assure safe use, the pharmacy or pharmacist compounding the drug that is a copy of such commercially available drug demonstrates to the Secretary that controls will be used that are comparable to such elements to assure safe use. (f) High-Risk sterile compounding For purposes of subsection (a)(8), the Secretary shall establish standards, processes, and procedures for high-risk sterile compounding. (g) Inspections Notwithstanding section 704(a)(2)(A), the facilities of any pharmacy or pharmacist compounding drug products under this section— (1) shall be subject to inspection under section 704; and (2) shall, upon request of an officer or employee designated by the Secretary, permit such officer or employee at all reasonable times to have access to, and to copy and verify, records for purposes of determining compliance with the provisions of this Act applicable to such compounding. (h) Sharing of information If during an inspection of the facilities of a pharmacy or pharmacist under this section the Secretary discovers a violation of this Act, the Secretary shall give notice of the violation— (1) to the State in which the facilities are located; and (2) to any State to which the pharmacy or pharmacist has shipped a drug product during the preceding 30 days. (i) Labeling The labeling of any drug product compounded pursuant to this section shall include— (1) the name of each drug and ingredient included; (2) the name, address, and phone number of the licensed compounding pharmacy, pharmacist, or physician; (3) the date on which the drug was compounded; (4) instructions for storage and use; (5) the following statement: This drug has not been tested for safety and effectiveness and is not approved by the FDA. This drug was made specifically for you because your health care provider determined that no FDA-approved product would suit your needs. Serious adverse reactions to this drug should be reported to the FDA at ________________, to the pharmacy where the drug was received, and to your health care provider. (The blank shall specify a phone number and a Web site, to be provided by the Secretary for purposes of this subsection.); and (6) such other information as the Secretary may require. (j) Reporting by pharmacists and physicians (1) Adverse event If a pharmacist or physician compounding a drug product pursuant to this section becomes aware of any adverse event associated with the use of such product, not later than 10 calendar days after becoming so aware, the pharmacist or physician shall report such adverse event to the Secretary. (2) Information related to risk of injury or death If a pharmacist or physician compounding a drug product pursuant to this section becomes aware of information concerning any bacteriological, fungal, or other contamination; any significant chemical, physical, or other change; or any deterioration of a compounded drug product that has already been distributed by the pharmacist or physician, that could cause serious injury or death, not later than 2 calendar days after becoming so aware, the pharmacist or physician shall report such information to the Secretary. (k) Compounding establishment and reinspection fees (1) Definitions In this subsection— (A) the term affiliate has the meaning given such term in section 735(11); (B) the term covered compounding pharmacy means a pharmacy that, pursuant to subsection (d) (the exception to the requirement of an identified individual patient)— (i) performs high-risk sterile compounding; (ii) compounds drug products for shipment across State lines; or (iii) otherwise performs compounding pursuant to subsection (d) that is not regulated by a State pursuant to a memorandum of understanding under subsection (d)(4); (C) the term gross annual sales means the total worldwide gross annual sales, in United States dollars, for a covered com­pound­ing pharmacy, including the sales of all the affiliates of the covered compounding pharmacy; and (D) the term reinspection means, with respect to a covered compounding pharmacy, one or more inspections conducted under section 704 subsequent to an inspection conducted under such provision which identified noncompliance materially related to an applicable requirement of this Act, specifically to determine whether compliance has been achieved to the Secretary’s satisfaction. (2) Establishment and reinspection fees (A) In general For fiscal year 2015 and each subsequent fiscal year, the Secretary shall, in accordance with this subsection, assess and collect— (i) an annual establishment fee from each covered compounding pharmacy; and (ii) a reinspection fee from each covered compounding pharmacy subject to a reinspection in such fiscal year. (B) Multiple reinspections A covered compounding pharmacy subject to multiple reinspections in a fiscal year shall be subject to a reinspection fee for each reinspection. (3) Establishment and reinspection fee setting The Secretary shall establish the establishment and reinspection fee to be collected under this subsection for each fiscal year, based on the methodology described in paragraph (4) and shall publish such fee in a Federal Register notice not later than 60 days before the start of each such year. (4) Amount of establishment fee and reinspection fee (A) In general For each covered compounding pharmacy in a fiscal year— (i) except as provided in subparagraph (D), the amount of the annual establishment fee under paragraph (2) shall be equal to the sum of— (I) $15,000, multiplied by the inflation adjustment factor described in subparagraph (B); plus (II) the small business adjustment factor described in subparagraph (C); and (ii) the amount of any reinspection fee (if applicable) under paragraph (2) shall be equal to $15,000, multiplied by the inflation adjustment factor described in subparagraph (B). (B) Inflation adjustment factor (i) In general For fiscal year 2015 and subsequent fiscal years, the fee amounts established in subparagraph (A) shall be adjusted by the Secretary by notice, published in the Federal Register, for a fiscal year by the amount equal to the sum of— (I) one; (II) the average annual percent change in the cost, per full-time equivalent position of the Food and Drug Administration, of all personnel compensation and benefits paid with respect to such positions for the first 3 years of the preceding 4 fiscal years, multiplied by the proportion of personnel compensation and benefits costs to total costs of an average full-time equivalent position of the Food and Drug Administration for the first 3 years of the preceding 4 fiscal years; and (III) the average annual percent change that occurred in the Consumer Price Index for urban consumers (U.S. City Average; Not Seasonally Adjusted; All items; Annual Index) for the first 3 years of the preceding 4 years of available data multiplied by the proportion of all costs other than personnel compensation and benefits costs to total costs of an average full-time equivalent position of the Food and Drug Administration for the first 3 years of the preceding 4 fiscal years. (ii) Compounded basis The adjustment made each fiscal year under clause (i) shall be added on a compounded basis to the sum of all adjustments made each fiscal year after fiscal year 2014 under clause (i). (C) Small business adjustment factor The small business adjustment factor referred to subparagraph (A)(i)(II) shall be an amount established by the Secretary for each fiscal year based on the Secretary’s estimate of— (i) the number of small businesses that will pay a reduced establishment fee for such fiscal year; and (ii) the adjustment to the establishment fee necessary to achieve total fees equaling the total fees that the Secretary would have collected if no entity qualified for the small business exception in subparagraph (D). (D) Exception for small businesses (i) In general In the case of a covered compounding pharmacy with gross annual sales of $1,000,000 or less in the 12 months ending April 1 of the fiscal year immediately preceding the fiscal year in which the fees under this subsection are assessed, the amount of the establishment fee under paragraph (2) for a fiscal year shall be equal to 1/3 of the amount calculated under subparagraph (A)(i)(I) in such fiscal year. (ii) Application To qualify for the exception under this subparagraph, a small business shall submit to the Secretary a written request for such exception, in a format specified by the Secretary in guidance, certifying its gross annual sales for the 12 months ending April 1 of the fiscal year immediately preceding the fiscal year in which fees under this subsection are assessed. Any such application must be submitted to the Secretary not later than April 30 for the following fiscal year. Any statement or representation made to the Secretary shall be subject to section 1001 of title 18, United States Code. (E) Crediting of fees In establishing the small business adjustment factor under subparagraph (C) for a fiscal year, the Secretary shall provide for the crediting of fees from the previous year to the next year if the Secretary overestimated the amount of the small business adjustment factor for such previous fiscal year, and consider the need to account for any adjustment of fees and such other factors as the Secretary determines appropriate. (5) Use of fees The Secretary shall make all of the fees collected pursuant to clauses (i) and (ii) of paragraph (2)(A) available solely to pay for the costs of oversight of covered compounding pharmacies. (6) Supplement not supplant Funds received by the Secretary pursuant to this subsection shall be used to supplement and not supplant any other Federal funds available to carry out the activities described in this section. (7) Crediting and availability of fees Fees authorized under this subsection shall be collected and available for obligation only to the extent and in the amount provided in advance in appropriations Acts. Such fees are authorized to remain available until expended. Such sums as may be necessary may be transferred from the Food and Drug Administration salaries and expenses appropriation account without fiscal year limitation to such appropriation account for salaries and expenses with such fiscal year limitation. The sums transferred shall be available solely for the purpose of paying the costs of oversight of covered compounding pharmacies. (8) Collection of fees (A) Establishment fee A covered compounding pharmacy shall remit the establishment fee due under this subsection in a fiscal year when submitting a registration pursuant to subsection (d) for such fiscal year. (B) Reinspection fee The Secretary shall specify in the Federal Register notice described in paragraph (3) the manner in which reinspection fees assessed under this subsection shall be collected and the timeline for payment of such fees. Such a fee shall be collected after the Secretary has conducted a reinspection of the covered compounding pharmacy involved. (C) Effect of failure to pay fees (i) Registration A covered compounding pharmacy shall not be considered registered under subsection (d) in a fiscal year until the date that the covered compounding pharmacy remits the establishment fee under this subsection for such fiscal year. (ii) Misbranding All drugs manufactured, prepared, propagated, compounded, or processed by a covered compounding pharmacy for which any establishment fee or reinspection fee has not been paid as required by this subsection shall be deemed misbranded under section 502(cc) until the fees owed for such covered compounding pharmacy under this subsection have been paid. (D) Collection of unpaid fees In any case where the Secretary does not receive payment of a fee assessed under this subsection within 30 days after it is due, such fee shall be treated as a claim of the United States Government subject to provisions of subchapter II of chapter 37 of title 31, United States Code. (9) Annual report to congress Not later than 120 days after each fiscal year in which fees are assessed and collected under this subsection, the Secretary shall submit a report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, to include a description of fees assessed and collected for each year, a summary description of entities paying the fees, and the number of inspections and reinspections of such entities performed each year. (10) Authorization of appropriations For fiscal year 2015 and each subsequent fiscal year, there is authorized to be appropriated for fees under this subsection an amount equivalent to the total amount of fees assessed for such fiscal year under this subsection. (l) Definitions In this section: (1) The terms compound and com­pound­ing — (A) do not include mixing, reconstituting, or other such acts that are performed in accordance with directions contained in approved labeling provided by the product's manufacturer and other manufacturer directions consistent with that labeling; and (B) in the case of a radioactive drug (as defined in section 310.3(n) of title 21, Code of Federal Regulations (or any successor regulations)), also do not include a minor deviation from such directions with regard to radioactivity, volume, or stability, that is made by or under the direct supervision of an authorized nuclear pharmacist or a physician who is an authorized user (as such terms are defined in section 35.2 of title 10, Code of Federal Regulations, (or any successor regulations)). (2) The term copy of a commercially available drug product does not include a drug product in which there is a change, made for an identified individual patient, which produces for that patient a significant difference, as determined by the prescribing practitioner, between the compounded drug and the comparable commercially available drug product, provided that in the case of a radioactive drug (as defined in section 310.3(n) of title 21, Code of Federal Regulations (or any successor regulations)), the reasons for the determination by the prescribing practitioner have been documented and such documentation is maintained by the pharmacy. (3) The term high-risk sterile compounding means compounding sterile drug products using nonsterile ingredients, nonsterile devices, or nonsterile components. . (b) Misbranding Section 502 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 352 ) is amended by adding at the end the following: (bb) If it is a drug product compounded pursuant to section 503A and its labeling does not include the information required by section 503A(i). (cc) If it is a drug, and it was manufactured, prepared, propagated, compounded, or processed by a compounding manufacturer for which fees have not been paid as required by section 503A(k). . (c) Conforming amendment Section 704(a)(2)(A) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 374(a)(2)(A) ) is amended by inserting subject to section 503A, before pharmacies which maintain establishments . (d) Regulations Not later than 1 year after the date of the enactment of this Act, the Secretary shall promulgate final regulations for carrying out the amendments made by subsections (a), (b), and (c). (e) Effective date The amendments made by subsections (a), (b), and (c) shall take effect on the date that is 1 year after the date of the enactment of this Act. 3. Registration of manufacturers com­pound­ing drug products (a) Registration Section 510(g) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360(g) ) is amended by adding at the end the following: With respect to compounding drugs, the exemption in paragraph (1) does not apply with respect to any pharmacy to the extent to which the pharmacy is, in effect, manufacturing such drugs, as determined by the Secretary, taking into consideration the extent to which such pharmacy sells the drugs across State lines, the quantity of the drugs sold, and any other factors determined appropriate by the Secretary. . (b) Regulations Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall promulgate regulations for carrying out the amendment made by subsection (a). (c) Effective date The amendment made by subsection (a) shall take effect on the date that is 1 year after the date of the enactment of this Act. 4. No preemption of additional non-Federal requirements The requirements of this Act (including the requirements of the amendments made by this Act) do not preempt any non-Federal requirement that is in addition to, and compatible with, such requirements.

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113-hr-2187

I 113th CONGRESS 1st Session H. R. 2187 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Meehan (for himself, Mr. Carney , Mr. Renacci , Mr. Delaney , Mr. Owens , Mr. Grimm , Mr. Bucshon , Mr. Yoder , and Mr. Fattah ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Omnibus Crime Control and Safe Streets Act of 1968 to authorize veterans’ treatment courts and encourage services for veterans. 1. Short title This Act may be cited as the Servicemember Assistance for Lawful Understanding, Treatment, and Education Act or the SALUTE Act . 2. Veterans’ treatment courts Title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3711 et seq. ) is amended— (1) by redesignating part JJ, as added by section 952 of Public Law 110–315 (relating to Loan Repayment for Prosecutors and Public Defenders), as part LL, and moving such part so that such part follows part KK; (2) in part LL, as so redesignated and moved by paragraph (1), by redesignating section 3001 as section 3021; and (3) by adding at the end the following new part: MM Veterans’ Treatment Courts 3031. Grant authority (a) In general The Attorney General is authorized to award grants for developing, implementing, or enhancing veterans’ treatment courts or expanding operational mental health or drug courts to serve veterans to ensure that such courts effectively integrate substance abuse treatment, mental health treatment, sanctions and incentives, and transitional services, in a judicially supervised court setting with jurisdiction over offenders who are veterans. The Attorney General may award such grants to States, State courts, local courts, units of local government, and Indian tribal governments, acting directly or through agreements with other public or private entities, for court programs that involve— (1) continuing judicial supervision over offenders who are veterans with substance abuse or mental health problems; (2) coordination with appropriate Federal, State, or local prosecutors; (3) coordination with the Veterans Health Administration; and (4) the integrated administration of other sanctions and services, which shall include— (A) substance abuse and mental health treatment (such as treatment for depression, traumatic brain injury, and post-traumatic stress disorder) for each participant who requires such treatment; (B) diversion, probation, or other supervised release involving the possibility of prosecution, confinement, or incarceration based on non-compliance with program requirements or failure to show satisfactory progress; and (C) offender management, which may include aftercare services such as relapse prevention, health care, education, vocational training, job placement, housing placement, and child care or other family support services for each participant who requires such services. (b) Limitation on use of funds Grant funds made available under this part may not be used to provide judicial supervision over, treatment of, or other services to violent offenders. A State, State court, local court, unit of local government, or Indian tribal government that receives a grant under this part may provide such supervision, treatment, or services to violent offenders who are otherwise eligible for veterans’ treatment court participation only if such supervision, treatment, or services are funded exclusively with non-Federal funds. 3032. Administration (a) Consultation In awarding grants under this part, the Attorney General shall consult with the Secretary of Veterans Affairs and any other appropriate officials. (b) Regulatory authority The Attorney General may, in consultation with the Secretary of Veterans Affairs, issue regulations and guidelines necessary to carry out this part. (c) Applications In addition to any other requirements that may be specified by the Attorney General, in consultation with the Secretary of Veterans Affairs, an application for a grant under this part shall— (1) include a long-term strategy and implementation plan that shall provide for the consultation and coordination with appropriate Federal, State and local prosecutors, particularly when veterans’ treatment court participants fail to comply with program requirements; (2) explain the applicant’s inability to fund the veterans’ treatment court adequately without Federal assistance; (3) certify that the Federal support provided will be used to supplement, and not supplant, State, tribal, and local sources of funding that would otherwise be available; (4) identify related governmental or community initiatives that complement or will be coordinated with the veterans’ treatment court; (5) certify that there has been appropriate consultation with all affected agencies and that there will be appropriate coordination with all affected agencies in the implementation of the veterans’ treatment court; (6) certify that participating offenders will be supervised by one or more designated judges with responsibility for the veterans’ treatment court; (7) specify plans for obtaining necessary support and continuing the veterans’ treatment court following the conclusion of Federal support; and (8) describe the methodology that will be used in evaluating the veterans’ treatment court. 3033. Report A State, State court, local court, unit of local government, or Indian tribal government that receives funds under this part during a fiscal year shall submit to the Attorney General and the Secretary of Veterans Affairs a description and an evaluation report on a date specified by the Attorney General regarding the effectiveness of the veterans’ treatment court carried out with a grant under this part. 3034. Definitions For the purposes of this part: (1) Veteran The term veteran has the meaning given such term in section 2108 of title 5, United States Code. (2) Veterans’ treatment court The term veterans’ treatment court means a program designed to offer a collaborative rehabilitative approach for offenders who are veterans in certain criminal justice proceedings. (3) Violent offender The term violent offender has the meaning given such term in section 2953(a). . 3. Study by the General Accounting Office (a) In general The Comptroller General of the United States shall conduct a study to assess the effectiveness and impact of the veterans’ treatment court grant program authorized under part MM of title I of the Omnibus Crime Control and Safe Streets Act of 1968. In assessing the effectiveness of such grant program, the Comptroller General shall consider— (1) recidivism rates of veterans’ treatment court participants; (2) completion rates among veterans’ treatment court participants; (3) the costs of veterans’ treatment courts to the criminal justice system; and (4) any other factors the Comptroller determines to be appropriate. (b) Documents and information The Attorney General and recipients of grants awarded under part MM of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as a condition of receiving such a grant, shall provide the Comptroller General with all relevant documents and information that the Comptroller General determines necessary to conduct the study under subsection (a) . (c) Report Not later than January 1, 2015, the Comptroller General shall report to Congress the results of the study conducted under subsection (a) .

https://www.govinfo.gov/content/pkg/BILLS-113hr2187ih/xml/BILLS-113hr2187ih.xml

113-hr-2188

I 113th CONGRESS 1st Session H. R. 2188 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Michaud (for himself and Ms. Pingree of Maine ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 37, United States Code, to ensure that footwear furnished or obtained by allowance for enlisted members of the Armed Forces upon their initial entry into the Armed Forces complies with domestic source requirements. 1. Compliance with domestic source requirements of footwear furnished or obtained by allowance for enlisted members of the Armed Forces upon their initial entry into the Armed Forces Section 418(a) of title 37, United States Code, is amended— (1) by inserting (1) after (b) ; and (2) by adding at the end the following new paragraph: (2) (A) The footwear prescribed under this section to be furnished to, or to be paid for by allowance under this section by, members upon their initial entry into armed forces shall comply with the requirements of section 2533a of title 10, without regard to the applicability of any simplified acquisition threshold under chapter 137 of title 10 (or any other provision of law) to the use of such allowance for such footwear. (B) Subparagraph (A) does not apply to athletic footwear furnished to, or paid for by allowance by, a member described in that subparagraph if such footwear— (i) is medically required to meet unique physiological needs of the member; and (ii) cannot be met with athletic footwear that complies with the requirements referred to in that subparagraph. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2188ih/xml/BILLS-113hr2188ih.xml

113-hr-2189

I 113th CONGRESS 1st Session H. R. 2189 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Miller of Florida (for himself and Mr. McCarthy of California ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To establish a commission or task force to evaluate the backlog of disability claims of the Department of Veterans Affairs. 1. Evaluation of backlog of disability claims of Department of Veterans Affairs (a) In general There is established a commission or task force to evaluate the backlog of claims within the Department of Veterans Affairs. (b) Study (1) In general The Commission or Task Force shall carry out a study on the backlog of claims, including the current process the Secretary of Veterans Affairs uses to evaluate claims and appeals and the laws and regulations applicable to such claims and appeals. Such study shall be a comprehensive evaluation and assessment of the backlog of claims, an analysis of possible improvements to the procedures used to process such claims, and any related issues that the Commission or Task Force considers relevant. (2) Consideration In carrying out the study under paragraph (1) and making any recommendations under this section, the Commission or Task Force shall consider the following: (A) The interests of veterans, including with respect to accuracy, fairness, and transparency in the claims process of the Department. (B) The values and requirements of the Constitution, including with respect to compliance with procedural and substantive due process. (C) The public interest, including with respect to the responsible use of available resources. (D) The importance of the claimant friendly, nonadversarial nature of the claims process. (3) Matters included In carrying out the study under paragraph (1), the Commission or Task Force shall examine the following: (A) The backlog of claims, including an analysis of— (i) the most effective means to quickly and accurately resolve all claims pending as of the date of the study; and (ii) with respect to the Department, the annual funding, number of full-time employees, workload management practices, and the progress, as of the date of the study, of the transformation plan of the Department. (B) Possible improvements to the claims process, including an evaluation and recommendations with respect to whether substantive and structural changes to the overall claims process are required. (C) In carrying out the evaluation and recommendations under subparagraph (B), an examination of— (i) options that make no major substantive changes to the claims process; (ii) options that maintain the process but make minor changes; and (iii) options that make broad changes to the process. (D) The appeals process, including— (i) an analysis of the necessity of the multi-tiered levels of appeals at the Regional Office level, including filing a notice of disagreement, receipt of a statement of the case, supplemental statement of the case (if applicable), and substantive appeal (VA form 9); (ii) an analysis of the role of the Board of Veterans’ Appeals, including— (I) the effectiveness of the workload management of the Board; (II) whether the Board should be regionalized or maintain the centralized structure in the District of Columbia; and (III) whether Board Members should be required to pass the administrative law judges certification examination; and (iii) an analysis of the role of the Court of Appeals for Veterans Claims and the Court of Appeals for the Federal Circuit, including— (I) the continued effectiveness and necessity of a two-tiered structure of judicial review; (II) the Article I status of the Court of Appeals for Veterans Claims; (III) expansion of either the Court of Appeals for Veterans Claims or the Court of Appeals for the Federal Circuit jurisdiction, including by allowing such Courts to hear class action lawsuits with respect to claims; and (IV) the possibility of expanding judicial review of claims to all Federal circuit courts of appeals. (4) Role of Secretary of Veterans Affairs (A) Information In carrying out a study on the backlog of claims under paragraph (1), the Commission or Task Force shall submit to the Secretary of Veterans Affairs, at times that the Commission or Task Force determines appropriate, information with respect to remedies and solutions for the backlog of claims that the Commission or Task Force identifies pursuant to such study. (B) Implementation The Secretary shall— (i) fully consider the remedies and solutions submitted under subparagraph (A); (ii) implement such remedies and solutions as the Secretary determines appropriate; and (iii) submit to Congress justification for failing to implement any such remedy or solution. (c) Reports (1) Initial report Not later than 60 days after the date on which the Commission or Task Force first meets, the Commission or Task Force shall submit to the President and Congress an initial report on the study conducted under subsection (b), including— (A) the findings of the causes of the backlog of claims; and (B) the level of cooperation the Commission or Task Force has received from the Secretary of Veterans Affairs and the heads of other departments or agencies of the Federal Government. (2) Interim reports Not later than 90 days after the date on which the Commission or Task Force first meets, and each 30-day period thereafter ending on the date on which the Commission or Task Force submits the final report under paragraph (3), the Commission or Task Force shall submit to the President and Congress a report on— (A) the progress of the Secretary of Veterans Affairs with respect to implementing solutions to expedite the elimination of the backlog of claims pursuant to subsection (b)(4)(B)(ii); and (B) the level of cooperation the Commission or Task Force has received from the Secretary of Veterans Affairs and the heads of other departments or agencies of the Federal Government. (3) Final report Not later than 180 days after the date on which the Commission or Task Force first meets, the Commission or Task Force shall submit to the President and Congress a report on the study conducted under subsection (b). The report shall include the following: (A) The findings, conclusions, and recommendations of the Commission or Task Force with respect to the matters referred to in such subsection. (B) The recommendations of the Commission or Task Force for revising and improving the backlog of claims and the procedures used to process claims. (C) The progress of the Secretary of Veterans Affairs with respect to implementing solutions to expedite the elimination of the backlog of claims pursuant to subsection (b)(4)(B)(ii). (D) Other information and recommendations with respect to claims as the Commission or Task Force considers appropriate. (d) Membership (1) Number and appointment The Commission or Task Force shall be composed of 15 members, appointed as follows: (A) Two members appointed by the Speaker of the House of Representatives, at least one of whom shall be a veteran. (B) Two members appointed by the minority leader of the House of Representatives, at least one of whom shall be a veteran. (C) Two members appointed by the majority leader of the Senate, at least one of whom shall be a veteran. (D) Two members appointed by the minority leader of the Senate, at least one of whom shall be a veteran. (E) Three members appointed by the President, at least two of whom shall be veterans. (F) Two members appointed by the Secretary of Defense. (G) Two members appointed by the Secretary of Veteran Affairs, at least one of whom shall be a veteran, and at least one of whom shall be an employee of the Veterans Benefits Administration. (2) Advisors In addition to the 15 members appointed under paragraph (1), the Commission or Task Force shall— (A) have five nonvoting, nonmember advisors, appointed by a majority of the Commission or Task Force from various veterans service organizations; and (B) seek advice from experts from nongovernmental organizations (including veterans service organizations and military organizations), the Internet technology industry, and the insurance industry. (3) Chairman The President shall designate a member of the Commission or Task Force to be the chairman. (4) Period of Appointment Members of the Commission or Task Force shall be appointed for the life of the Commission or Task Force. A vacancy shall not affect its powers. (5) Vacancy A vacancy on the Commission or Task Force shall be filled in the manner in which the original appointment was made. (6) Appointment deadline The appointment of members of the Commission or Task Force established in this section shall be made not later than 15 days after the date of the enactment of this Act. (e) Meetings (1) Initial meeting The Commission or Task Force shall hold its first meeting not later than 15 days after the date on which a majority of the members are appointed. (2) Meetings The Commission or Task Force shall meet at the call of the chairman. (3) Quorum A majority of the members of the Commission or Task Force shall constitute a quorum, but a lesser number may hold hearings. (f) Powers of the Commission or Task Force (1) Hearings The Commission or Task Force may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission or Task Force considers advisable to carry out the purposes of this section. (2) Information from Federal Agencies The Commission or Task Force may secure directly from any department or agency of the Federal Government such information as the Commission or Task Force considers necessary to carry out the provisions of this section. Upon request of the chairman, the head of such department or agency shall furnish such information to the Commission or Task Force. (3) Postal Services The Commission or Task Force may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (4) Gifts The Commission or Task Force may accept, use, and dispose of gifts or donations of service or property. (g) Personnel Matters (1) Compensation of Members Each member of the Commission or Task Force who is not an officer or employee of the United States shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission or Task Force. All members of the Commission or Task Force who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (2) Travel Expenses The members of the Commission or Task Force shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of service of the Commission or Task Force. (3) Staff (A) The chairman of the Commission or Task Force may, without regard to the civil service laws and regulations, appoint an executive director and such other personnel as may be necessary to enable the Commission or Task Force to perform its duties. The appointment of an executive director shall be subject to the approval of the Commission or Task Force. (B) The chairman of the Commission or Task Force may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (4) Detail of Government Employees Upon request of the chairman of the Commission or Task Force, the head of any department or agency of the Federal Government may detail, on a nonreimbursable basis, any personnel of that department or agency to the Commission or Task Force to assist it in carrying out its duties. (5) Procurement of Temporary and Intermittent Services The chairman of the Commission or Task Force may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Service under section 5316 of such title. (h) Termination of Commission or Task Force The Commission or Task Force shall terminate 60 days after the date on which the Commission or Task Force submits the final report under subsection (c)(3). (i) Funding (1) In general The Secretary shall, upon the request of the chairman of the Commission or Task Force, make available to the Commission or Task Force such amounts as the Commission or Task Force may require to carry out the duties of the Commission or Task Force under this section. (2) Availability Any sums made available to the Commission or Task Force shall remain available, without fiscal year limitation, until the termination of the Commission or Task Force. (j) Claim defined In this section, the term claim means a claim for disability compensation under the laws administered by the Secretary of Veterans Affairs.

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113-hr-2190

I 113th CONGRESS 1st Session H. R. 2190 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Moran (for himself, Mr. Wittman , Mr. Connolly , and Mr. Scott of Virginia ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To extend Federal recognition to the Chickahominy Indian Tribe, the Chickahominy Indian Tribe-Eastern Division, the Upper Mattaponi Tribe, the Rappahannock Tribe, Inc., the Monacan Indian Nation, and the Nansemond Indian Tribe. 1. Short title; table of contents (a) Short Title This Act may be cited as the Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition 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. Indian Child Welfare Act of 1978. Title I—Chickahominy Indian Tribe Sec. 101. Findings. Sec. 102. Definitions. Sec. 103. Federal recognition. Sec. 104. Membership; governing documents. Sec. 105. Governing body. Sec. 106. Reservation of the Tribe. Sec. 107. Hunting, fishing, trapping, gathering, and water rights. Title II—Chickahominy Indian Tribe—Eastern Division Sec. 201. Findings. Sec. 202. Definitions. Sec. 203. Federal recognition. Sec. 204. Membership; governing documents. Sec. 205. Governing body. Sec. 206. Reservation of the Tribe. Sec. 207. Hunting, fishing, trapping, gathering, and water rights. Title III—Upper Mattaponi Tribe Sec. 301. Findings. Sec. 302. Definitions. Sec. 303. Federal recognition. Sec. 304. Membership; governing documents. Sec. 305. Governing body. Sec. 306. Reservation of the Tribe. Sec. 307. Hunting, fishing, trapping, gathering, and water rights. Title IV—Rappahannock Tribe, Inc. Sec. 401. Findings. Sec. 402. Definitions. Sec. 403. Federal recognition. Sec. 404. Membership; governing documents. Sec. 405. Governing body. Sec. 406. Reservation of the Tribe. Sec. 407. Hunting, fishing, trapping, gathering, and water rights. Title V—Monacan Indian Nation Sec. 501. Findings. Sec. 502. Definitions. Sec. 503. Federal recognition. Sec. 504. Membership; governing documents. Sec. 505. Governing body. Sec. 506. Reservation of the Tribe. Sec. 507. Hunting, fishing, trapping, gathering, and water rights. Title VI—Nansemond Indian Tribe Sec. 601. Findings. Sec. 602. Definitions. Sec. 603. Federal recognition. Sec. 604. Membership; governing documents. Sec. 605. Governing body. Sec. 606. Reservation of the Tribe. Sec. 607. Hunting, fishing, trapping, gathering, and water rights. Title VII—Eminent domain Sec. 701. Limitation. 2. Indian Child Welfare Act of 1978 Nothing in this Act affects the application of section 109 of the Indian Child Welfare Act of 1978 ( 25 U.S.C. 1919 ). I Chickahominy Indian Tribe 101. Findings Congress finds that— (1) in 1607, when the English settlers set shore along the Virginia coastline, the Chickahominy Indian Tribe was one of about 30 tribes that received them; (2) in 1614, the Chickahominy Indian Tribe entered into a treaty with Sir Thomas Dale, Governor of the Jamestown Colony, under which— (A) the Chickahominy Indian Tribe agreed to provide 2 bushels of corn per man and send warriors to protect the English; and (B) Sir Thomas Dale agreed in return to allow the Tribe to continue to practice its own tribal governance; (3) in 1646, a treaty was signed which forced the Chickahominy from their homeland to the area around the York Mattaponi River in present-day King William County, leading to the formation of a reservation; (4) in 1677, following Bacon’s Rebellion, the Queen of Pamunkey signed the Treaty of Middle Plantation on behalf of the Chickahominy; (5) in 1702, the Chickahominy were forced from their reservation, which caused the loss of a land base; (6) in 1711, the College of William and Mary in Williamsburg established a grammar school for Indians called Brafferton College; (7) a Chickahominy child was one of the first Indians to attend Brafferton College; (8) in 1750, the Chickahominy Indian Tribe began to migrate from King William County back to the area around the Chickahominy River in New Kent and Charles City Counties; (9) in 1793, a Baptist missionary named Bradby took refuge with the Chickahominy and took a Chickahominy woman as his wife; (10) in 1831, the names of the ancestors of the modern-day Chickahominy Indian Tribe began to appear in the Charles City County census records; (11) in 1901, the Chickahominy Indian Tribe formed Samaria Baptist Church; (12) from 1901 to 1935, Chickahominy men were assessed a tribal tax so that their children could receive an education; (13) the Tribe used the proceeds from the tax to build the first Samaria Indian School, buy supplies, and pay a teacher’s salary; (14) in 1919, C. Lee Moore, Auditor of Public Accounts for Virginia, told Chickahominy Chief O.W. Adkins that he had instructed the Commissioner of Revenue for Charles City County to record Chickahominy tribal members on the county tax rolls as Indian, and not as White or colored; (15) during the period of 1920 through 1930, various Governors of the Commonwealth of Virginia wrote letters of introduction for Chickahominy Chiefs who had official business with Federal agencies in Washington, DC; (16) in 1934, Chickahominy Chief O.O. Adkins wrote to John Collier, Commissioner of Indian Affairs, requesting money to acquire land for the Chickahominy Indian Tribe’s use, to build school, medical, and library facilities and to buy tractors, implements, and seed; (17) in 1934, John Collier, Commissioner of Indian Affairs, wrote to Chickahominy Chief O.O. Adkins, informing him that Congress had passed the Act of June 18, 1934 (commonly known as the Indian Reorganization Act ) (25 U.S.C. 461 et seq.), but had not made the appropriation to fund the Act; (18) in 1942, Chickahominy Chief O.O. Adkins wrote to John Collier, Commissioner of Indian Affairs, asking for help in getting the proper racial designation on Selective Service records for Chickahominy soldiers; (19) in 1943, John Collier, Commissioner of Indian Affairs, asked Douglas S. Freeman, editor of the Richmond News-Leader newspaper of Richmond, Virginia, to help Virginia Indians obtain proper racial designation on birth records; (20) Collier stated that his office could not officially intervene because it had no responsibility for the Virginia Indians, as a matter largely of historical accident , but was interested in them as descendants of the original inhabitants of the region ; (21) in 1948, the Veterans’ Education Committee of the Virginia State Board of Education approved Samaria Indian School to provide training to veterans; (22) that school was established and run by the Chickahominy Indian Tribe; (23) in 1950, the Chickahominy Indian Tribe purchased and donated to the Charles City County School Board land to be used to build a modern school for students of the Chickahominy and other Virginia Indian tribes; (24) the Samaria Indian School included students in grades 1 through 8; (25) in 1961, Senator Sam Ervin, Chairman of the Subcommittee on Constitutional Rights of the Committee on the Judiciary of the Senate, requested Chickahominy Chief O.O. Adkins to provide assistance in analyzing the status of the constitutional rights of Indians in your area ; (26) in 1967, the Charles City County school board closed Samaria Indian School and converted the school to a countywide primary school as a step toward full school integration of Indian and non-Indian students; (27) in 1972, the Charles City County school board began receiving funds under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 458aa et seq. ) on behalf of Chickahominy students, which funding is provided as of the date of enactment of this Act under title V of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 458aaa et seq. ); (28) in 1974, the Chickahominy Indian Tribe bought land and built a tribal center using monthly pledges from tribal members to finance the transactions; (29) in 1983, the Chickahominy Indian Tribe was granted recognition as an Indian tribe by the Commonwealth of Virginia, along with 5 other Indian tribes; and (30) in 1985, Governor Gerald Baliles was the special guest at an intertribal Thanksgiving Day dinner hosted by the Chickahominy Indian Tribe. 102. Definitions In this title: (1) Secretary The term Secretary means the Secretary of the Interior. (2) Tribal member The term tribal member means— (A) an individual who is an enrolled member of the Tribe as of the date of enactment of this Act; and (B) an individual who has been placed on the membership rolls of the Tribe in accordance with this title. (3) Tribe The term Tribe means the Chickahominy Indian Tribe. 103. Federal recognition (a) Federal Recognition (1) In general Federal recognition is extended to the Tribe. (2) Applicability of laws All laws (including regulations) of the United States of general applicability to Indians or nations, Indian tribes, or bands of Indians (including the Act of June 18, 1934 ( 25 U.S.C. 461 et seq. )) that are not inconsistent with this title shall be applicable to the Tribe and tribal members. (b) Federal Services and Benefits (1) In general On and after the date of enactment of this Act, the Tribe and tribal members shall be eligible for all services and benefits provided by the Federal Government to federally recognized Indian tribes without regard to the existence of a reservation for the Tribe. (2) Service area For the purpose of the delivery of Federal services to tribal members, the service area of the Tribe shall be considered to be the area comprised of New Kent County, James City County, Charles City County, and Henrico County, Virginia. 104. Membership; governing documents The membership roll and governing documents of the Tribe shall be the most recent membership roll and governing documents, respectively, submitted by the Tribe to the Secretary before the date of enactment of this Act. 105. Governing body The governing body of the Tribe shall be— (1) the governing body of the Tribe in place as of the date of enactment of this Act; or (2) any subsequent governing body elected in accordance with the election procedures specified in the governing documents of the Tribe. 106. Reservation of the Tribe (a) In general Upon the request of the Tribe, the Secretary of the Interior— (1) shall take into trust for the benefit of the Tribe any land held in fee by the Tribe that was acquired by the Tribe on or before January 1, 2007, if such lands are located within the boundaries of New Kent County, James City County, Charles City County, or Henrico County, Virginia; and (2) may take into trust for the benefit of the Tribe any land held in fee by the Tribe, if such lands are located within the boundaries of New Kent County, James City County, Charles City County, or Henrico County, Virginia. (b) Deadline for determination The Secretary shall make a final written determination not later than three years of the date which the Tribe submits a request for land to be taken into trust under subsection (a)(2) and shall immediately make that determination available to the Tribe. (c) Reservation status Any land taken into trust for the benefit of the Tribe pursuant to this paragraph shall, upon request of the Tribe, be considered part of the reservation of the Tribe. (d) Gaming The Tribe may not conduct gaming activities as a matter of claimed inherent authority or under the authority of any Federal law, including the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq. ) or under any regulations thereunder promulgated by the Secretary or the National Indian Gaming Commission. 107. Hunting, fishing, trapping, gathering, and water rights Nothing in this title expands, reduces, or affects in any manner any hunting, fishing, trapping, gathering, or water rights of the Tribe and members of the Tribe. II Chickahominy Indian Tribe—Eastern Division 201. Findings Congress finds that— (1) in 1607, when the English settlers set shore along the Virginia coastline, the Chickahominy Indian Tribe was one of about 30 tribes that received them; (2) in 1614, the Chickahominy Indian Tribe entered into a treaty with Sir Thomas Dale, Governor of the Jamestown Colony, under which— (A) the Chickahominy Indian Tribe agreed to provide 2 bushels of corn per man and send warriors to protect the English; and (B) Sir Thomas Dale agreed in return to allow the Tribe to continue to practice its own tribal governance; (3) in 1646, a treaty was signed which forced the Chickahominy from their homeland to the area around the York River in present-day King William County, leading to the formation of a reservation; (4) in 1677, following Bacon’s Rebellion, the Queen of Pamunkey signed the Treaty of Middle Plantation on behalf of the Chickahominy; (5) in 1702, the Chickahominy were forced from their reservation, which caused the loss of a land base; (6) in 1711, the College of William and Mary in Williamsburg established a grammar school for Indians called Brafferton College; (7) a Chickahominy child was one of the first Indians to attend Brafferton College; (8) in 1750, the Chickahominy Indian Tribe began to migrate from King William County back to the area around the Chickahominy River in New Kent and Charles City Counties; (9) in 1793, a Baptist missionary named Bradby took refuge with the Chickahominy and took a Chickahominy woman as his wife; (10) in 1831, the names of the ancestors of the modern-day Chickahominy Indian Tribe began to appear in the Charles City County census records; (11) in 1870, a census revealed an enclave of Indians in New Kent County that is believed to be the beginning of the Chickahominy Indian Tribe—Eastern Division; (12) other records were destroyed when the New Kent County courthouse was burned, leaving a State census as the only record covering that period; (13) in 1901, the Chickahominy Indian Tribe formed Samaria Baptist Church; (14) from 1901 to 1935, Chickahominy men were assessed a tribal tax so that their children could receive an education; (15) the Tribe used the proceeds from the tax to build the first Samaria Indian School, buy supplies, and pay a teacher’s salary; (16) in 1910, a 1-room school covering grades 1 through 8 was established in New Kent County for the Chickahominy Indian Tribe—Eastern Division; (17) during the period of 1920 through 1921, the Chickahominy Indian Tribe—Eastern Division began forming a tribal government; (18) E.P. Bradby, the founder of the Tribe, was elected to be Chief; (19) in 1922, Tsena Commocko Baptist Church was organized; (20) in 1925, a certificate of incorporation was issued to the Chickahominy Indian Tribe—Eastern Division; (21) in 1950, the 1-room Indian school in New Kent County was closed and students were bused to Samaria Indian School in Charles City County; (22) in 1967, the Chickahominy Indian Tribe and the Chickahominy Indian Tribe—Eastern Division lost their schools as a result of the required integration of students; (23) during the period of 1982 through 1984, Tsena Commocko Baptist Church built a new sanctuary to accommodate church growth; (24) in 1983 the Chickahominy Indian Tribe—Eastern Division was granted State recognition along with 5 other Virginia Indian tribes; (25) in 1985— (A) the Virginia Council on Indians was organized as a State agency; and (B) the Chickahominy Indian Tribe—Eastern Division was granted a seat on the Council; (26) in 1988, a nonprofit organization known as the United Indians of Virginia was formed; and (27) Chief Marvin Strongoak Bradby of the Eastern Band of the Chickahominy presently chairs the organization. 202. Definitions In this title: (1) Secretary The term Secretary means the Secretary of the Interior. (2) Tribal member The term tribal member means— (A) an individual who is an enrolled member of the Tribe as of the date of enactment of this Act; and (B) an individual who has been placed on the membership rolls of the Tribe in accordance with this title. (3) Tribe The term Tribe means the Chickahominy Indian Tribe—Eastern Division. 203. Federal recognition (a) Federal Recognition (1) In general Federal recognition is extended to the Tribe. (2) Applicability of laws All laws (including regulations) of the United States of general applicability to Indians or nations, Indian tribes, or bands of Indians (including the Act of June 18, 1934 ( 25 U.S.C. 461 et seq. )) that are not inconsistent with this title shall be applicable to the Tribe and tribal members. (b) Federal Services and Benefits (1) In general On and after the date of enactment of this Act, the Tribe and tribal members shall be eligible for all future services and benefits provided by the Federal Government to federally recognized Indian tribes without regard to the existence of a reservation for the Tribe. (2) Service area For the purpose of the delivery of Federal services to tribal members, the service area of the Tribe shall be considered to be the area comprised of New Kent County, James City County, Charles City County, and Henrico County, Virginia. 204. Membership; governing documents The membership roll and governing documents of the Tribe shall be the most recent membership roll and governing documents, respectively, submitted by the Tribe to the Secretary before the date of enactment of this Act. 205. Governing body The governing body of the Tribe shall be— (1) the governing body of the Tribe in place as of the date of enactment of this Act; or (2) any subsequent governing body elected in accordance with the election procedures specified in the governing documents of the Tribe. 206. Reservation of the Tribe (a) In general Upon the request of the Tribe, the Secretary of the Interior— (1) shall take into trust for the benefit of the Tribe any land held in fee by the Tribe that was acquired by the Tribe on or before January 1, 2007, if such lands are located within the boundaries of New Kent County, James City County, Charles City County, or Henrico County, Virginia; and (2) may take into trust for the benefit of the Tribe any land held in fee by the Tribe, if such lands are located within the boundaries of New Kent County, James City County, Charles City County, or Henrico County, Virginia. (b) Deadline for determination The Secretary shall make a final written determination not later than three years of the date which the Tribe submits a request for land to be taken into trust under subsection (a)(2) and shall immediately make that determination available to the Tribe. (c) Reservation status Any land taken into trust for the benefit of the Tribe pursuant to this paragraph shall, upon request of the Tribe, be considered part of the reservation of the Tribe. (d) Gaming The Tribe may not conduct gaming activities as a matter of claimed inherent authority or under the authority of any Federal law, including the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq. ) or under any regulations thereunder promulgated by the Secretary or the National Indian Gaming Commission. 207. Hunting, fishing, trapping, gathering, and water rights Nothing in this title expands, reduces, or affects in any manner any hunting, fishing, trapping, gathering, or water rights of the Tribe and members of the Tribe. III Upper Mattaponi Tribe 301. Findings Congress finds that— (1) during the period of 1607 through 1646, the Chickahominy Indian Tribes— (A) lived approximately 20 miles from Jamestown; and (B) were significantly involved in English-Indian affairs; (2) Mattaponi Indians, who later joined the Chickahominy Indians, lived a greater distance from Jamestown; (3) in 1646, the Chickahominy Indians moved to Mattaponi River basin, away from the English; (4) in 1661, the Chickahominy Indians sold land at a place known as the cliffs on the Mattaponi River; (5) in 1669, the Chickahominy Indians— (A) appeared in the Virginia Colony’s census of Indian bowmen; and (B) lived in New Kent County, which included the Mattaponi River basin at that time; (6) in 1677, the Chickahominy and Mattaponi Indians were subjects of the Queen of Pamunkey, who was a signatory to the Treaty of 1677 with the King of England; (7) in 1683, after a Mattaponi town was attacked by Seneca Indians, the Mattaponi Indians took refuge with the Chickahominy Indians, and the history of the 2 groups was intertwined for many years thereafter; (8) in 1695, the Chickahominy and Mattaponi Indians— (A) were assigned a reservation by the Virginia Colony; and (B) traded land of the reservation for land at the place known as the cliffs (which, as of the date of enactment of this Act, is the Mattaponi Indian Reservation), which had been owned by the Mattaponi Indians before 1661; (9) in 1711, a Chickahominy boy attended the Indian School at the College of William and Mary; (10) in 1726, the Virginia Colony discontinued funding of interpreters for the Chickahominy and Mattaponi Indian Tribes; (11) James Adams, who served as an interpreter to the Indian tribes known as of the date of enactment of this Act as the Upper Mattaponi Indian Tribe and Chickahominy Indian Tribe , elected to stay with the Upper Mattaponi Indians; (12) today, a majority of the Upper Mattaponi Indians have Adams as their surname; (13) in 1787, Thomas Jefferson, in Notes on the Commonwealth of Virginia, mentioned the Mattaponi Indians on a reservation in King William County and said that Chickahominy Indians were blended with the Mattaponi Indians and nearby Pamunkey Indians; (14) in 1850, the census of the United States revealed a nucleus of approximately 10 families, all ancestral to modern Upper Mattaponi Indians, living in central King William County, Virginia, approximately 10 miles from the reservation; (15) during the period of 1853 through 1884, King William County marriage records listed Upper Mattaponis as Indians in marrying people residing on the reservation; (16) during the period of 1884 through the present, county marriage records usually refer to Upper Mattaponis as Indians ; (17) in 1901, Smithsonian anthropologist James Mooney heard about the Upper Mattaponi Indians but did not visit them; (18) in 1928, University of Pennsylvania anthropologist Frank Speck published a book on modern Virginia Indians with a section on the Upper Mattaponis; (19) from 1929 until 1930, the leadership of the Upper Mattaponi Indians opposed the use of a colored designation in the 1930 United States census and won a compromise in which the Indian ancestry of the Upper Mattaponis was recorded but questioned; (20) during the period of 1942 through 1945— (A) the leadership of the Upper Mattaponi Indians, with the help of Frank Speck and others, fought against the induction of young men of the Tribe into colored units in the Armed Forces of the United States; and (B) a tribal roll for the Upper Mattaponi Indians was compiled; (21) from 1945 to 1946, negotiations took place to admit some of the young people of the Upper Mattaponi to high schools for Federal Indians (especially at Cherokee) because no high school coursework was available for Indians in Virginia schools; and (22) in 1983, the Upper Mattaponi Indians applied for and won State recognition as an Indian tribe. 302. Definitions In this title: (1) Secretary The term Secretary means the Secretary of the Interior. (2) Tribal member The term tribal member means— (A) an individual who is an enrolled member of the Tribe as of the date of enactment of this Act; and (B) an individual who has been placed on the membership rolls of the Tribe in accordance with this title. (3) Tribe The term Tribe means the Upper Mattaponi Tribe. 303. Federal recognition (a) Federal Recognition (1) In general Federal recognition is extended to the Tribe. (2) Applicability of laws All laws (including regulations) of the United States of general applicability to Indians or nations, Indian tribes, or bands of Indians (including the Act of June 18, 1934 ( 25 U.S.C. 461 et seq. )) that are not inconsistent with this title shall be applicable to the Tribe and tribal members. (b) Federal Services and Benefits (1) In general On and after the date of enactment of this Act, the Tribe and tribal members shall be eligible for all services and benefits provided by the Federal Government to federally recognized Indian tribes without regard to the existence of a reservation for the Tribe. (2) Service area For the purpose of the delivery of Federal services to tribal members, the service area of the Tribe shall be considered to be the area within 25 miles of the Sharon Indian School at 13383 King William Road, King William County, Virginia. 304. Membership; governing documents The membership roll and governing documents of the Tribe shall be the most recent membership roll and governing documents, respectively, submitted by the Tribe to the Secretary before the date of enactment of this Act. 305. Governing body The governing body of the Tribe shall be— (1) the governing body of the Tribe in place as of the date of enactment of this Act; or (2) any subsequent governing body elected in accordance with the election procedures specified in the governing documents of the Tribe. 306. Reservation of the Tribe (a) In general Upon the request of the Tribe, the Secretary of the Interior— (1) shall take into trust for the benefit of the Tribe any land held in fee by the Tribe that was acquired by the Tribe on or before January 1, 2007, if such lands are located within the boundaries of King William County, Caroline County, Hanover County, King and Queen County, and New Kent County, Virginia; and (2) may take into trust for the benefit of the Tribe any land held in fee by the Tribe, if such lands are located within the boundaries of King William County, Caroline County, Hanover County, King and Queen County, and New Kent County, Virginia. (b) Deadline for determination The Secretary shall make a final written determination not later than three years of the date which the Tribe submits a request for land to be taken into trust under subsection (a)(2) and shall immediately make that determination available to the Tribe. (c) Reservation status Any land taken into trust for the benefit of the Tribe pursuant to this paragraph shall, upon request of the Tribe, be considered part of the reservation of the Tribe. (d) Gaming The Tribe may not conduct gaming activities as a matter of claimed inherent authority or under the authority of any Federal law, including the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq. ) or under any regulations thereunder promulgated by the Secretary or the National Indian Gaming Commission. 307. Hunting, fishing, trapping, gathering, and water rights Nothing in this title expands, reduces, or affects in any manner any hunting, fishing, trapping, gathering, or water rights of the Tribe and members of the Tribe. IV Rappahannock Tribe, Inc. 401. Findings Congress finds that— (1) during the initial months after Virginia was settled, the Rappahannock Indians had 3 encounters with Captain John Smith; (2) the first encounter occurred when the Rappahannock weroance (headman)— (A) traveled to Quiyocohannock (a principal town across the James River from Jamestown), where he met with Smith to determine whether Smith had been the great man who had previously sailed into the Rappahannock River, killed a Rappahannock weroance, and kidnapped Rappahannock people; and (B) determined that Smith was too short to be that great man ; (3) on a second meeting, during John Smith’s captivity (December 16, 1607 to January 8, 1608), Smith was taken to the Rappahannock principal village to show the people that Smith was not the great man ; (4) a third meeting took place during Smith’s exploration of the Chesapeake Bay (July to September 1608), when, after the Moraughtacund Indians had stolen 3 women from the Rappahannock King, Smith was prevailed upon to facilitate a peaceful truce between the Rappahannock and the Moraughtacund Indians; (5) in the settlement, Smith had the 2 Indian tribes meet on the spot of their first fight; (6) when it was established that both groups wanted peace, Smith told the Rappahannock King to select which of the 3 stolen women he wanted; (7) the Moraughtacund King was given second choice among the 2 remaining women, and Mosco, a Wighcocomoco (on the Potomac River) guide, was given the third woman; (8) in 1645, Captain William Claiborne tried unsuccessfully to establish treaty relations with the Rappahannocks, as the Rappahannocks had not participated in the Pamunkey-led uprising in 1644, and the English wanted to treat with the Rappahannocks or any other Indians not in amity with Opechancanough, concerning serving the county against the Pamunkeys ; (9) in April 1651, the Rappahannocks conveyed a tract of land to an English settler, Colonel Morre Fauntleroy; (10) the deed for the conveyance was signed by Accopatough, weroance of the Rappahannock Indians; (11) in September 1653, Lancaster County signed a treaty with Rappahannock Indians, the terms of which treaty— (A) gave Rappahannocks the rights of Englishmen in the county court; and (B) attempted to make the Rappahannocks more accountable under English law; (12) in September 1653, Lancaster County defined and marked the bounds of its Indian settlements; (13) according to the Lancaster clerk of court, the tribe called the great Rappahannocks lived on the Rappahannock Creek just across the river above Tappahannock ; (14) in September 1656, (Old) Rappahannock County (which, as of the date of enactment of this Act, is comprised of Richmond and Essex Counties, Virginia) signed a treaty with Rappahannock Indians that— (A) mirrored the Lancaster County treaty from 1653; and (B) stated that— (i) Rappahannocks were to be rewarded, in Roanoke, for returning English fugitives; and (ii) the English encouraged the Rappahannocks to send their children to live among the English as servants, who the English promised would be well-treated; (15) in 1658, the Virginia Assembly revised a 1652 Act stating that there be no grants of land to any Englishman whatsoever de futuro until the Indians be first served with the proportion of 50 acres of land for each bowman ; (16) in 1669, the colony conducted a census of Virginia Indians; (17) as of the date of that census— (A) the majority of the Rappahannocks were residing at their hunting village on the north side of the Mattaponi River; and (B) at the time of the visit, census-takers were counting only the Indian tribes along the rivers, which explains why only 30 Rappahannock bowmen were counted on that river; (18) the Rappahannocks used the hunting village on the north side of the Mattaponi River as their primary residence until the Rappahannocks were removed in 1684; (19) in May 1677, the Treaty of Middle Plantation was signed with England; (20) the Pamunkey Queen Cockacoeske signed on behalf of the Rappahannocks, who were supposed to be her tributaries , but before the treaty could be ratified, the Queen of Pamunkey complained to the Virginia Colonial Council that she was having trouble with Rappahannocks and Chickahominies, supposedly tributaries of hers ; (21) in November 1682, the Virginia Colonial Council established a reservation for the Rappahannock Indians of 3,474 acres about the town where they dwelt ; (22) the Rappahannock town was the hunting village on the north side of the Mattaponi River, where the Rappahannocks had lived throughout the 1670s; (23) the acreage allotment of the reservation was based on the 1658 Indian land act, which translates into a bowman population of 70, or an approximate total Rappahannock population of 350; (24) in 1683, following raids by Iroquoian warriors on both Indian and English settlements, the Virginia Colonial Council ordered the Rap­pa­han­nocks to leave their reservation and unite with the Nanzatico Indians at Nanzatico Indian Town, which was located across and up the Rappahannock River some 30 miles; (25) between 1687 and 1699, the Rap­pa­han­nocks migrated out of Nanzatico, returning to the south side of the Rappahannock River at Portobacco Indian Town; (26) in 1706, by order of Essex County, Lieutenant Richard Covington escorted the Por­to­bac­cos and Rappahannocks out of Portobacco Indian Town, out of Essex County, and into King and Queen County where they settled along the ridgeline between the Rappahannock and Mattaponi Rivers, the site of their ancient hunting village and 1682 reservation; (27) during the 1760s, 3 Rappahannock girls were raised on Thomas Nelson’s Bleak Hill Plantation in King William County; (28) of those girls— (A) one married a Saunders man; (B) one married a Johnson man; and (C) one had 2 children, Edmund and Carter Nelson, fathered by Thomas Cary Nelson; (29) in the 19th century, those Saunders, Johnson, and Nelson families are among the core Rappahannock families from which the modern Tribe traces its descent; (30) in 1819 and 1820, Edward Bird, John Bird (and his wife), Carter Nelson, Edmund Nelson, and Carter Spurlock (all Rappahannock ancestors) were listed on the tax roles of King and Queen County and taxed at the county poor rate; (31) Edmund Bird was added to the tax roles in 1821; (32) those tax records are significant documentation because the great majority of pre-1864 records for King and Queen County were destroyed by fire; (33) beginning in 1819, and continuing through the 1880s, there was a solid Rappahannock presence in the membership at Upper Essex Baptist Church; (34) that was the first instance of conversion to Christianity by at least some Rappahannock Indians; (35) while twenty-six identifiable and traceable Rappahannock surnames appear on the pre-1863 membership list, and twenty-eight were listed on the 1863 membership roster, the number of surnames listed had declined to twelve in 1878 and had risen only slightly to fourteen by 1888; (36) a reason for the decline is that in 1870, a Methodist circuit rider, Joseph Mastin, secured funds to purchase land and construct St. Stephens Baptist Church for the Rappahannocks living nearby in Caroline County; (37) Mastin referred to the Rappahannocks during the period of 1850 to 1870 as Indians, having a great need for moral and Christian guidance ; (38) St. Stephens was the dominant tribal church until the Rappahannock Indian Baptist Church was established in 1964; (39) at both churches, the core Rappahannock family names of Bird, Clarke, Fortune, Johnson, Nelson, Parker, and Richardson predominate; (40) during the early 1900s, James Mooney, noted anthropologist, maintained correspondence with the Rappahannocks, surveying them and instructing them on how to formalize their tribal government; (41) in November 1920, Speck visited the Rappahannocks and assisted them in organizing the fight for their sovereign rights; (42) in 1921, the Rappahannocks were granted a charter from the Commonwealth of Virginia formalizing their tribal government; (43) Speck began a professional relationship with the Tribe that would last more than 30 years and document Rappahannock history and traditions as never before; (44) in April 1921, Rappahannock Chief George Nelson asked the Governor of Virginia, Westmoreland Davis, to forward a proclamation to the President of the United States, along with an appended list of tribal members and a handwritten copy of the proclamation itself; (45) the letter concerned Indian freedom of speech and assembly nationwide; (46) in 1922, the Rappahannocks established a formal school at Lloyds, Essex County, Virginia; (47) prior to establishment of the school, Rappahannock children were taught by a tribal member in Central Point, Caroline County, Virginia; (48) in December 1923, Rappahannock Chief George Nelson testified before Congress appealing for a $50,000 appropriation to establish an Indian school in Virginia; (49) in 1930, the Rappahannocks were engaged in an ongoing dispute with the Commonwealth of Virginia and the United States Census Bureau about their classification in the 1930 Federal census; (50) in January 1930, Rappahannock Chief Otho S. Nelson wrote to Leon Truesdell, Chief Statistician of the United States Census Bureau, asking that the 218 enrolled Rappahannocks be listed as Indians; (51) in February 1930, Truesdell replied to Nelson saying that special instructions were being given about classifying Indians; (52) in April 1930, Nelson wrote to William M. Steuart at the Census Bureau asking about the enumerators’ failure to classify his people as Indians, saying that enumerators had not asked the question about race when they interviewed his people; (53) in a followup letter to Truesdell, Nelson reported that the enumerators were flatly denying his people’s request to be listed as Indians and that the race question was completely avoided during interviews; (54) the Rappahannocks had spoken with Caroline and Essex County enumerators, and with John M.W. Green at that point, without success; (55) Nelson asked Truesdell to list people as Indians if he sent a list of members; (56) the matter was settled by William Steuart, who concluded that the Bureau’s rule was that people of Indian descent could be classified as Indian only if Indian blood predominated and Indian identity was accepted in the local community; (57) the Virginia Vital Statistics Bureau classed all nonreservation Indians as Negro , and it failed to see why an exception should be made for the Rappahannocks; (58) therefore, in 1925, the Indian Rights Association took on the Rappahannock case to assist the Rappahannocks in fighting for their recognition and rights as an Indian tribe; (59) during the Second World War, the Pamunkeys, Mattaponis, Chickahominies, and Rap­pa­han­nocks had to fight the draft boards with respect to their racial identities; (60) the Virginia Vital Statistics Bureau insisted that certain Indian draftees be inducted into Negro units; (61) finally, 3 Rappahannocks were convicted of violating the Federal draft laws and, after spending time in a Federal prison, were granted conscientious objector status and served out the remainder of the war working in military hospitals; (62) in 1943, Frank Speck noted that there were approximately 25 communities of Indians left in the Eastern United States that were entitled to Indian classification, including the Rappahannocks; (63) in the 1940s, Leon Truesdell, Chief Statistician, of the United States Census Bureau, listed 118 members in the Rappahannock Tribe in the Indian population of Virginia; (64) on April 25, 1940, the Office of Indian Affairs of the Department of the Interior included the Rappahannocks on a list of Indian tribes classified by State and by agency; (65) in 1948, the Smithsonian Institution Annual Report included an article by William Harlen Gilbert entitled, Surviving Indian Groups of the Eastern United States , which included and described the Rappahannock Tribe; (66) in the late 1940s and early 1950s, the Rappahannocks operated a school at Indian Neck; (67) the State agreed to pay a tribal teacher to teach 10 students bused by King and Queen County to Sharon Indian School in King William County, Virginia; (68) in 1965, Rappahannock students entered Marriott High School (a White public school) by executive order of the Governor of Virginia; (69) in 1972, the Rappahannocks worked with the Coalition of Eastern Native Americans to fight for Federal recognition; (70) in 1979, the Coalition established a pottery and artisans company, operating with other Virginia tribes; (71) in 1980, the Rappahannocks received funding through the Administration for Native Americans of the Department of Health and Human Services to develop an economic program for the Tribe; and (72) in 1983, the Rappahannocks received State recognition as an Indian tribe. 402. Definitions In this title: (1) Secretary The term Secretary means the Secretary of the Interior. (2) Tribal member The term tribal member means— (A) an individual who is an enrolled member of the Tribe as of the date of enactment of this Act; and (B) an individual who has been placed on the membership rolls of the Tribe in accordance with this title. (3) Tribe (A) In general The term Tribe means the organization possessing the legal name Rappahannock Tribe, Inc. (B) Exclusions The term Tribe does not include any other Indian tribe, subtribe, band, or splinter group the members of which represent themselves as Rappahannock Indians. 403. Federal recognition (a) Federal Recognition (1) In general Federal recognition is extended to the Tribe. (2) Applicability of laws All laws (including regulations) of the United States of general applicability to Indians or nations, Indian tribes, or bands of Indians (including the Act of June 18, 1934 ( 25 U.S.C. 461 et seq. )) that are not inconsistent with this title shall be applicable to the Tribe and tribal members. (b) Federal Services and Benefits (1) In general On and after the date of enactment of this Act, the Tribe and tribal members shall be eligible for all services and benefits provided by the Federal Government to federally recognized Indian tribes without regard to the existence of a reservation for the Tribe. (2) Service area For the purpose of the delivery of Federal services to tribal members, the service area of the Tribe shall be considered to be the area comprised of King and Queen County, Caroline County, Essex County, and King William County, Virginia. 404. Membership; governing documents The membership roll and governing documents of the Tribe shall be the most recent membership roll and governing documents, respectively, submitted by the Tribe to the Secretary before the date of enactment of this Act. 405. Governing body The governing body of the Tribe shall be— (1) the governing body of the Tribe in place as of the date of enactment of this Act; or (2) any subsequent governing body elected in accordance with the election procedures specified in the governing documents of the Tribe. 406. Reservation of the Tribe (a) In general Upon the request of the Tribe, the Secretary of the Interior— (1) shall take into trust for the benefit of the Tribe any land held in fee by the Tribe that was acquired by the Tribe on or before January 1, 2007, if such lands are located within the boundaries of King and Queen County, Stafford County, Spotsylvania County, Richmond County, Essex County, and Caroline County, Virginia; and (2) may take into trust for the benefit of the Tribe any land held in fee by the Tribe, if such lands are located within the boundaries of King and Queen County, Richmond County, Lancaster County, King George County, Essex County, Caroline County, New Kent County, King William County, and James City County, Virginia. (b) Deadline for determination The Secretary shall make a final written determination not later than three years of the date which the Tribe submits a request for land to be taken into trust under subsection (a)(2) and shall immediately make that determination available to the Tribe. (c) Reservation status Any land taken into trust for the benefit of the Tribe pursuant to this paragraph shall, upon request of the Tribe, be considered part of the reservation of the Tribe. (d) Gaming The Tribe may not conduct gaming activities as a matter of claimed inherent authority or under the authority of any Federal law, including the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq. ) or under any regulations thereunder promulgated by the Secretary or the National Indian Gaming Commission. 407. Hunting, fishing, trapping, gathering, and water rights Nothing in this title expands, reduces, or affects in any manner any hunting, fishing, trapping, gathering, or water rights of the Tribe and members of the Tribe. V Monacan Indian Nation 501. Findings Congress finds that— (1) in 1677, the Monacan Tribe signed the Treaty of Middle Plantation between Charles II of England and 12 Indian Kings and Chief Men ; (2) in 1722, in the Treaty of Albany, Governor Spotswood negotiated to save the Virginia Indians from extinction at the hands of the Iroquois; (3) specifically mentioned in the negotiations were the Monacan tribes of the Totero (Tutelo), Saponi, Ocheneeches (Occaneechi), Stengenocks, and Meipontskys; (4) in 1790, the first national census recorded Benjamin Evans and Robert Johns, both ancestors of the present Monacan community, listed as white with mulatto children; (5) in 1782, tax records also began for those families; (6) in 1850, the United States census recorded 29 families, mostly large, with Monacan surnames, the members of which are genealogically related to the present community; (7) in 1870, a log structure was built at the Bear Mountain Indian Mission; (8) in 1908, the structure became an Episcopal Mission and, as of the date of enactment of this Act, the structure is listed as a landmark on the National Register of Historic Places; (9) in 1920, 304 Amherst Indians were identified in the United States census; (10) from 1930 through 1931, numerous letters from Monacans to the Bureau of the Census resulted from the decision of Dr. Walter Plecker, former head of the Bureau of Vital Statistics of the Commonwealth of Virginia, not to allow Indians to register as Indians for the 1930 census; (11) the Monacans eventually succeeded in being allowed to claim their race, albeit with an asterisk attached to a note from Dr. Plecker stating that there were no Indians in Virginia; (12) in 1947, D’Arcy McNickle, a Salish Indian, saw some of the children at the Amherst Mission and requested that the Cherokee Agency visit them because they appeared to be Indian; (13) that letter was forwarded to the Department of the Interior, Office of Indian Affairs, Chicago, Illinois; (14) Chief Jarrett Blythe of the Eastern Band of Cherokee did visit the Mission and wrote that he would be willing to accept these children in the Cherokee school ; (15) in 1979, a Federal Coalition of Eastern Native Americans established the entity known as Monacan Co-operative Pottery at the Amherst Mission; (16) some important pieces were produced at Monacan Co-operative Pottery, including a piece that was sold to the Smithsonian Institution; (17) the Mattaponi-Pamunkey-Monacan Consortium, established in 1981, has since been organized as a nonprofit corporation that serves as a vehicle to obtain funds for those Indian tribes from the Department of Labor under Native American programs; (18) in 1989, the Monacan Tribe was recognized by the Commonwealth of Virginia, which enabled the Tribe to apply for grants and participate in other programs; and (19) in 1993, the Monacan Tribe received tax-exempt status as a nonprofit corporation from the Internal Revenue Service. 502. Definitions In this title: (1) Secretary The term Secretary means the Secretary of the Interior. (2) Tribal member The term tribal member means— (A) an individual who is an enrolled member of the Tribe as of the date of enactment of this Act; and (B) an individual who has been placed on the membership rolls of the Tribe in accordance with this title. (3) Tribe The term Tribe means the Monacan Indian Nation. 503. Federal recognition (a) Federal Recognition (1) In general Federal recognition is extended to the Tribe. (2) Applicability of laws All laws (including regulations) of the United States of general applicability to Indians or nations, Indian tribes, or bands of Indians (including the Act of June 18, 1934 ( 25 U.S.C. 461 et seq. )) that are not inconsistent with this title shall be applicable to the Tribe and tribal members. (b) Federal Services and Benefits (1) In general On and after the date of enactment of this Act, the Tribe and tribal members shall be eligible for all services and benefits provided by the Federal Government to federally recognized Indian tribes without regard to the existence of a reservation for the Tribe. (2) Service area For the purpose of the delivery of Federal services to tribal members, the service area of the Tribe shall be considered to be the area comprised of all land within 25 miles from the center of Amherst, Virginia. 504. Membership; governing documents The membership roll and governing documents of the Tribe shall be the most recent membership roll and governing documents, respectively, submitted by the Tribe to the Secretary before the date of enactment of this Act. 505. Governing body The governing body of the Tribe shall be— (1) the governing body of the Tribe in place as of the date of enactment of this Act; or (2) any subsequent governing body elected in accordance with the election procedures specified in the governing documents of the Tribe. 506. Reservation of the Tribe (a) In general Upon the request of the Tribe, the Secretary of the Interior— (1) shall take into trust for the benefit of the Tribe any land held in fee by the Tribe that was acquired by the Tribe on or before January 1, 2007, if such lands are located within the boundaries of Amherst County, Virginia; and (2) may take into trust for the benefit of the Tribe any land held in fee by the Tribe, if such lands are located within the boundaries of Amherst County, Virginia, and those parcels in Rockbridge County, Virginia (subject to the consent of the local unit of government), owned by Mr. J. Poole, described as East 731 Sandbridge (encompassing approximately 4.74 acres) and East 731 (encompassing approximately 5.12 acres). (b) Deadline for determination The Secretary shall make a final written determination not later than three years of the date which the Tribe submits a request for land to be taken into trust under subsection (a)(2) and shall immediately make that determination available to the Tribe. (c) Reservation status Any land taken into trust for the benefit of the Tribe pursuant to this paragraph shall, upon request of the Tribe, be considered part of the reservation of the Tribe. (d) Gaming The Tribe may not conduct gaming activities as a matter of claimed inherent authority or under the authority of any Federal law, including the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq. ) or under any regulations thereunder promulgated by the Secretary or the National Indian Gaming Commission. 507. Hunting, fishing, trapping, gathering, and water rights Nothing in this title expands, reduces, or affects in any manner any hunting, fishing, trapping, gathering, or water rights of the Tribe and members of the Tribe. VI Nansemond Indian Tribe 601. Findings Congress finds that— (1) from 1607 until 1646, Nansemond Indians— (A) lived approximately 30 miles from Jamestown; and (B) were significantly involved in English-Indian affairs; (2) after 1646, there were 2 sections of Nansemonds in communication with each other, the Christianized Nansemonds in Norfolk County, who lived as citizens, and the traditionalist Nansemonds, who lived further west; (3) in 1638, according to an entry in a 17th century sermon book still owned by the Chief’s family, a Norfolk County Englishman married a Nan­se­mond woman; (4) that man and woman are lineal ancestors of all of members of the Nansemond Indian tribe alive as of the date of enactment of this Act, as are some of the traditionalist Nansemonds; (5) in 1669, the 2 Nansemond sections appeared in Virginia Colony’s census of Indian bow­men; (6) in 1677, Nansemond Indians were signatories to the Treaty of 1677 with the King of England; (7) in 1700 and 1704, the Nansemonds and other Virginia Indian tribes were prevented by Virginia Colony from making a separate peace with the Iroquois; (8) Virginia represented those Indian tribes in the final Treaty of Albany, 1722; (9) in 1711, a Nansemond boy attended the Indian School at the College of William and Mary; (10) in 1727, Norfolk County granted William Bass and his kinsmen the Indian privileges of clearing swamp land and bearing arms (which privileges were forbidden to other non-Whites) because of their Nansemond ancestry, which meant that Bass and his kinsmen were original inhabitants of that land; (11) in 1742, Norfolk County issued a certificate of Nansemond descent to William Bass; (12) from the 1740s to the 1790s, the traditionalist section of the Nansemond tribe, 40 miles west of the Christianized Nansemonds, was dealing with reservation land; (13) the last surviving members of that section sold out in 1792 with the permission of the Commonwealth of Virginia; (14) in 1797, Norfolk County issued a certificate stating that William Bass was of Indian and English descent, and that his Indian line of ancestry ran directly back to the early 18th century elder in a traditionalist section of Nansemonds on the reservation; (15) in 1833, Virginia enacted a law enabling people of European and Indian descent to obtain a special certificate of ancestry; (16) the law originated from the county in which Nansemonds lived, and mostly Nansemonds, with a few people from other counties, took advantage of the new law; (17) a Methodist mission established around 1850 for Nansemonds is currently a standard Methodist congregation with Nansemond members; (18) in 1901, Smithsonian anthropologist James Mooney— (A) visited the Nansemonds; and (B) completed a tribal census that counted 61 households and was later published; (19) in 1922, Nansemonds were given a special Indian school in the segregated school system of Norfolk County; (20) the school survived only a few years; (21) in 1928, University of Pennsylvania anthropologist Frank Speck published a book on modern Virginia Indians that included a section on the Nansemonds; and (22) the Nansemonds were organized formally, with elected officers, in 1984, and later applied for and received State recognition. 602. Definitions In this title: (1) Secretary The term Secretary means the Secretary of the Interior. (2) Tribal member The term tribal member means— (A) an individual who is an enrolled member of the Tribe as of the date of enactment of this Act; and (B) an individual who has been placed on the membership rolls of the Tribe in accordance with this title. (3) Tribe The term Tribe means the Nansemond Indian Tribe. 603. Federal recognition (a) Federal Recognition (1) In general Federal recognition is extended to the Tribe. (2) Applicability of laws All laws (including regulations) of the United States of general applicability to Indians or nations, Indian tribes, or bands of Indians (including the Act of June 18, 1934 ( 25 U.S.C. 461 et seq. )) that are not inconsistent with this title shall be applicable to the Tribe and tribal members. (b) Federal Services and Benefits (1) In general On and after the date of enactment of this Act, the Tribe and tribal members shall be eligible for all services and benefits provided by the Federal Government to federally recognized Indian tribes without regard to the existence of a reservation for the Tribe. (2) Service area For the purpose of the delivery of Federal services to tribal members, the service area of the Tribe shall be considered to be the area comprised of the cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Suffolk, and Virginia Beach, Virginia. 604. Membership; governing documents The membership roll and governing documents of the Tribe shall be the most recent membership roll and governing documents, respectively, submitted by the Tribe to the Secretary before the date of enactment of this Act. 605. Governing body The governing body of the Tribe shall be— (1) the governing body of the Tribe in place as of the date of enactment of this Act; or (2) any subsequent governing body elected in accordance with the election procedures specified in the governing documents of the Tribe. 606. Reservation of the Tribe (a) In general Upon the request of the Tribe, the Secretary of the Interior— (1) shall take into trust for the benefit of the Tribe any land held in fee by the Tribe that was acquired by the Tribe on or before January 1, 2007, if such lands are located within the boundaries of the city of Suffolk, the city of Chesapeake, or Isle of Wight County, Virginia; and (2) may take into trust for the benefit of the Tribe any land held in fee by the Tribe, if such lands are located within the boundaries of the city of Suffolk, the city of Chesapeake, or Isle of Wight County, Virginia. (b) Deadline for determination The Secretary shall make a final written determination not later than three years of the date which the Tribe submits a request for land to be taken into trust under subsection (a)(2) and shall immediately make that determination available to the Tribe. (c) Reservation status Any land taken into trust for the benefit of the Tribe pursuant to this paragraph shall, upon request of the Tribe, be considered part of the reservation of the Tribe. (d) Gaming The Tribe may not conduct gaming activities as a matter of claimed inherent authority or under the authority of any Federal law, including the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq. ) or under any regulations thereunder promulgated by the Secretary or the National Indian Gaming Commission. 607. Hunting, fishing, trapping, gathering, and water rights Nothing in this title expands, reduces, or affects in any manner any hunting, fishing, trapping, gathering, or water rights of the Tribe and members of the Tribe. VII Eminent domain 701. Limitation Eminent domain may not be used to acquire lands in fee or in trust for an Indian tribe recognized under this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2190ih/xml/BILLS-113hr2190ih.xml

113-hr-2191

I 113th CONGRESS 1st Session H. R. 2191 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Nadler (for himself, Ms. Hahn , Mr. Rangel , and Mrs. Carolyn B. Maloney of New York ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To direct the Secretary of Transportation to issue regulations with respect to ensuring families are able to sit together on flights, and for other purposes. 1. Short title This Act may be cited as the Families Flying Together Act of 2013 . 2. Seating families together on flights (a) In general Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall issue regulations directing each air carrier to— (1) establish a policy to ensure, to the extent practicable, that a family that purchases tickets for a flight with that air carrier is seated together during that flight; and (2) make the policy described in paragraph (1) available to the public on an appropriate Internet Web site of the air carrier. (b) Definitions In this section, the following definitions apply: (1) Air carrier The term air carrier has the meaning given that term in section 40102(a) of title 49, United States Code. (2) Family The term family means a grouping of individuals that includes, at a minimum— (A) a child who is 12 years of age or younger; and (B) an individual who is— (i) 18 years of age or older; and (ii) responsible for accompanying that child, including a parent or legal guardian of that child.

https://www.govinfo.gov/content/pkg/BILLS-113hr2191ih/xml/BILLS-113hr2191ih.xml

113-hr-2192

I 113th CONGRESS 1st Session H. R. 2192 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Nunes introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Act popularly known as the Antiquities Act of 1906 to require certain procedures for designating national monuments, and for other purposes. 1. Short title This Act may be cited as the National Monument Designation Transparency and Accountability Act . 2. Limitation on designation of national monuments Section 2 of the Act of June 8, 1906 (16 U.S.C. 431), popularly known as the Antiquities Act of 1906 , is amended— (1) by striking That the President and inserting (a) In general.— Subject to the requirements of this section, the President ; and (2) in subsection (a) (as so designated)— (A) by striking compatible with and inserting essential to ensure ; and (B) by striking Provided , That when and inserting When . 3. National monument designation procedures Section 2 of the Act of June 8, 1906 ( 16 U.S.C. 431 ) is further amended by adding at the end the following: (b) National monument designation procedures (1) Precondition to proclamation The President may not issue a proclamation to designate a national monument under subsection (a) before the last day of the 30-day period beginning on the date on which the President provides the language of the proposed proclamation to Congress and to the Governor of each State, the chief elected official of each unit of local government, and the governing entity of each tribal government with jurisdiction over parcels of land located within the boundaries of the proposed national monument. (2) Public participation (A) Public hearing requirement (i) In general Subject to clause (iv), not later than 90 days after the date on which the President issues a proclamation under subsection (a), the Secretary of the Interior shall hold not fewer than one public hearing within a county (or comparable unit of local government) located wholly or in part within the boundaries of the national monument. The Secretary shall ensure that all interested individuals are afforded an opportunity to participate in a hearing held under this subparagraph. (ii) Comments The Secretary of the Interior shall solicit comments from the public at a hearing held under clause (i), and shall enter all comments received at or related to such hearing into the record of the hearing. (iii) Availability of record The Secretary of the Interior shall promptly make the record of a hearing held under clause (i), including a transcript of the hearing, available to the public on the Internet or by other electronic means. The Secretary shall ensure that any components of the record that are completed before the entire record is finalized are made available upon their completion. (iv) Waiver The Secretary of the Interior may decline to hold a public hearing under clause (i) if each unit of local and tribal government located wholly or in part within the boundaries of the national monument expressly waives the right to such hearing. (B) Notice and comment period requirement Not later than 30 days after the date on which the President issues a proclamation under subsection (a), the Secretary of the Interior shall initiate a notice and comment period to receive comments from the public regarding the proclamation. (C) Report (i) Contents Not later than one year after issuing a proclamation to designate a national monument under subsection (a), the President shall submit to Congress a report containing the following: (I) An analysis of the economic impact of the designation on the communities within the boundaries of the monument, including an estimate of the tax revenues that will be lost to, or gained for, the Federal, State, and local governments as a result of the designation. (II) An analysis of the impact the designation will have on the Nation’s energy security, including the effects of the loss of sites to produce wind, geothermal, or solar energy, and the number of barrels of oil, tons of coal, or cubic feet of natural gas that will become unavailable as a result of the proclamation. (III) The projected impact of the designation on interests, rights, and uses associated with the parcels of land within the boundaries of the monument, including water rights, hunting, recreational shooting, grazing, timber production, vegetation manipulation to maintain forest health, off-road vehicle use, hiking, horseback riding, and mineral and energy leases, claims, and permits. (IV) The record of any hearings held under subparagraph (A). (V) Any written comments received during the notice and comment period conducted under subparagraph (B). (ii) Publication The President shall ensure that a report submitted to Congress under clause (i) is published on the White House Internet Web site upon completion. The President shall further ensure that any components of the report that are completed before the entire report is finalized and submitted to Congress are published on the White House Internet Web site upon their completion. (D) Implementation guidelines The Secretary of the Interior, in cooperation with the States, shall develop and publish guidelines to provide for the implementation of this paragraph. (3) Congressional approval of proclamation (A) Approval required A proclamation issued under subsection (a) shall cease to be effective following the last day of the 2-year period beginning on the date on which the President issued the proclamation, unless the proclamation is approved by an Act of Congress on or before that last day. (B) Management of land before approval During the period between the issuance of a proclamation under subsection (a) and the approval of the proclamation under subparagraph (A), the President shall ensure that any restriction placed on land and interests, rights, or uses associated with the parcels of land designated as a national monument, including water rights, hunting, recreational shooting, grazing, timber production, vegetation manipulation to maintain forest health, off-road vehicle use, hiking, horseback riding, and mineral and energy leases, claims, and permits, is narrowly tailored and essential to the proper care and management of the objects to be protected. (C) Effect of nonapproval If Congress does not approve a proclamation to designate a national monument under subparagraph (A), any reservation of land made by such proclamation, and any restriction imposed as a result of such proclamation on interests, rights, or uses associated with the parcels of land, shall cease to be effective following the last day of the 2-year period referred to in subparagraph (A). (D) Prohibition on repeat proclamations The President may not issue a proclamation that is substantially similar to a proclamation previously issued under subsection (a) that Congress has not approved under subparagraph (A). . 4. Limitation on restrictions Section 2 of the Act of June 8, 1906 ( 16 U.S.C. 431 ) is further amended by adding at the end the following: (c) Limitation on restrictions The President shall ensure that any restriction placed on land and interests, rights, or uses associated with the parcels of land designated as a national monument by a proclamation issued under this section is narrowly tailored and essential to the proper care and management of the objects to be protected. .

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113-hr-2193

I 113th CONGRESS 1st Session H. R. 2193 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Pallone introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to extend the financing of the Superfund. 1. Short title This Act may be cited as the Superfund Polluter Pays Act . 2. Extension of Superfund taxes (a) Excise taxes Section 4611(e) of the Internal Revenue Code of 1986 is amended to read as follows: (e) Application of hazardous substance superfund financing rate The Hazardous Substance Superfund financing rate under this section shall apply after December 31, 1986, and before January 1, 1996, and after the date of the enactment of this subsection and before January 1, 2019. . (b) Corporate environmental income tax Section 59A(e) of the Internal Revenue Code of 1986 is amended to read as follows: (e) Application of tax The tax imposed by this section shall apply to taxable years beginning after December 31, 1986, and before January 1, 1996, and to taxable years beginning after the date of the enactment of this subsection and before January 1, 2019. . (c) Technical amendments (1) Section 4611(b) of the Internal Revenue Code of 1986 is amended— (A) by striking or exported from in paragraph (1)(A), (B) by striking or exportation in paragraph (1)(B), and (C) by striking and exportation in the heading. (2) Section 4611(d)(3) of such Code is amended— (A) by striking or exporting the crude oil, as the case may be in the text and inserting the crude oil , and (B) by striking or exports in the heading. (d) Effective dates (1) Excise taxes The amendments made by subsections (a) and (c) shall take effect on the date of the enactment of this Act. (2) Income tax The amendment made by subsection (b) shall apply to taxable years beginning after the date of the enactment of this Act.

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113-hr-2194

I 113th CONGRESS 1st Session H. R. 2194 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Paulsen introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on the Judiciary and Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Internal Revenue Code of 1986 to improve access to health care through expanded health savings accounts, and for other purposes. 1. Short title, etc (a) Short title This Act may be cited as the Family and Retirement Health Investment 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 is as follows: Sec. 1. Short title, etc. Title I—Provisions relating to tax-preferred health accounts Sec. 101. Allow both spouses to make catch-up contributions to the same HSA account. Sec. 102. Provisions relating to Medicare. Sec. 103. Individuals eligible for veterans benefits for a service-connected disability. Sec. 104. Individuals eligible for Indian Health Service assistance. Sec. 105. Individuals eligible for TRICARE coverage. Sec. 106. FSA and HRA interaction with HSAs. Sec. 107. Allowance of distributions for prescription and over-the-counter medicines and drugs. Sec. 108. Purchase of health insurance from HSA account. Sec. 109. Special rule for certain medical expenses incurred before establishment of account. Sec. 110. Preventive care prescription drug clarification. Sec. 111. Equivalent bankruptcy protections for health savings accounts as retirement funds. Sec. 112. Administrative error correction before due date of return. Sec. 113. Reauthorization of medicaid health opportunity accounts. Sec. 114. Members of health care sharing ministries eligible to establish health savings accounts. Sec. 115. High deductible health plans renamed HSA qualified plans. Sec. 116. Treatment of direct primary care service arrangements. Sec. 117. High deductible health plans with HSAs treated as qualified health plans. Sec. 118. Certain stand-alone HRAs not subject to prohibition on annual limits. Title II—Other provisions Sec. 201. Certain exercise equipment and physical fitness programs treated as medical care. Sec. 202. Certain nutritional and dietary supplements to be treated as medical care. Sec. 203. Certain provider fees to be treated as medical care. Sec. 204. Repeal of annual limitations on deductibles for employer-sponsored plans offered in small group market. I Provisions relating to tax-preferred health accounts 101. Allow both spouses to make catch-up contributions to the same HSA account (a) In general Paragraph (3) of section 223(b) is amended by adding at the end the following new subparagraph: (C) Special rule where both spouses are eligible individuals with 1 account If— (i) an individual and the individual's spouse have both attained age 55 before the close of the taxable year, and (ii) the spouse is not an account beneficiary of a health savings account as of the close of such year, the additional contribution amount shall be 200 percent of the amount otherwise determined under subparagraph (B). . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 102. Provisions relating to Medicare (a) Individuals over age 65 only enrolled in Medicare Part A Paragraph (7) of section 223(b) is amended by adding at the end the following: This paragraph shall not apply to any individual during any period for which the individual's only entitlement to such benefits is an entitlement to hospital insurance benefits under part A of title XVIII of such Act pursuant to an enrollment for such hospital insurance benefits under section 226(a)(1) of such Act. . (b) Medicare beneficiaries participating in Medicare advantage MSA may contribute their own money to their MSA (1) In general Subsection (b) of section 138 is amended by striking paragraph (2) and by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. (2) Conforming amendment Paragraph (4) of section 138(c) is amended by striking and paragraph (2) . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 103. Individuals eligible for veterans benefits for a service-connected disability (a) In general Paragraph (1) of section 223(c) is amended by adding at the end the following new subparagraph: (C) Special rule for individuals eligible for certain veterans benefits For purposes of subparagraph (A)(ii), an individual shall not be treated as covered under a health plan described in such subparagraph merely because the individual receives periodic hospital care or medical services for a service-connected disability under any law administered by the Secretary of Veterans Affairs but only if the individual is not eligible to receive such care or services for any condition other than a service-connected disability. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 104. Individuals eligible for Indian Health Service assistance (a) In general Paragraph (1) of section 223(c), as amended by section 103, is amended by adding at the end the following new subparagraph: (D) Special rule for individuals eligible for assistance under Indian Health Service programs For purposes of subparagraph (A)(ii), an individual shall not be treated as covered under a health plan described in such subparagraph merely because the individual receives hospital care or medical services under a medical care program of the Indian Health Service or of a tribal organization. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 105. Individuals eligible for TRICARE coverage (a) In general Paragraph (1) of section 223(c), as amended by sections 103 and 104, is amended by adding at the end the following new subparagraph: (E) Special rule for individuals eligible for assistance under tricare For purposes of subparagraph (A)(ii), an individual shall not be treated as covered under a health plan described in such subparagraph merely because the individual is eligible to receive hospital care, medical services, or prescription drugs under TRICARE Extra or TRICARE Standard and such individual is not enrolled in TRICARE Prime. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 106. FSA and HRA interaction with HSAs (a) Eligible individuals include FSA and HRA participants Subparagraph (B) of section 223(c)(1) is amended— (1) by striking and at the end of clause (ii), (2) by striking the period at the end of clause (iii) and inserting , and , and (3) by inserting after clause (iii) the following new clause: (iv) coverage under a health flexible spending arrangement or a health reimbursement arrangement in the plan year a qualified HSA distribution as described in section 106(e) is made on behalf of the individual if after the qualified HSA distribution is made and for the remaining duration of the plan year, the coverage provided under the health flexible spending arrangement or health reimbursement arrangement is converted to— (I) coverage that does not pay or reimburse any medical expense incurred before the minimum annual deductible under paragraph (2)(A)(i) (prorated for the period occurring after the qualified HSA distribution is made) is satisfied, (II) coverage that, after the qualified HSA distribution is made, does not pay or reimburse any medical expense incurred after the qualified HSA distribution is made other than preventive care as defined in paragraph (2)(C), (III) coverage that, after the qualified HSA distribution is made, pays or reimburses benefits for coverage described in clause (ii) (but not through insurance or for long-term care services), (IV) coverage that, after the qualified HSA distribution is made, pays or reimburses benefits for permitted insurance or coverage described in clause (ii) (but not for long-term care services), (V) coverage that, after the qualified HSA distribution is made, pays or reimburses only those medical expenses incurred after an individual’s retirement (and no expenses incurred before retirement), or (VI) coverage that, after the qualified HSA distribution is made, is suspended, pursuant to an election made on or before the date the individual elects a qualified HSA distribution or, if later, on the date of the individual enrolls in a high deductible health plan, that does not pay or reimburse, at any time, any medical expense incurred during the suspension period except as defined in the preceding subclauses of this clause. . (b) Qualified HSA distribution shall not affect flexible spending arrangement Paragraph (1) of section 106(e) is amended to read as follows: (1) In general A plan shall not fail to be treated as a health flexible spending arrangement under this section, section 105, or section 125, or as a health reimbursement arrangement under this section or section 105, merely because such plan provides for a qualified HSA distribution. . (c) FSA balances at year end shall not forfeit Paragraph (2) of section 125(d) is amended by adding at the end the following new subparagraph: (E) Exception for qualified HSA distributions Subparagraph (A) shall not apply to the extent that there is an amount remaining in a health flexible spending account at the end of a plan year that an individual elects to contribute to a health savings account pursuant to a qualified HSA distribution (as defined in section 106(e)(2)). . (d) Simplification of limitations on FSA and HRA rollovers Paragraph (2) of section 106(e) is amended to read as follows: (2) Qualified HSA distribution (A) In general The term qualified HSA distribution means a distribution from a health flexible spending arrangement or health reimbursement arrangement to the extent that such distribution does not exceed the lesser of— (i) the balance in such arrangement as of the date of such distribution, or (ii) the amount determined under subparagraph (B). Such term shall not include more than 1 distribution with respect to any arrangement. (B) Dollar limitations (i) Distributions from a health flexible spending arrangement A qualified HSA distribution from a health flexible spending arrangement shall not exceed the applicable amount. (ii) Distributions from a health reimbursement arrangement A qualified HSA distribution from a health reimbursement arrangement shall not exceed— (I) the applicable amount divided by 12, multiplied by (II) the number of months during which the individual is a participant in the health reimbursement arrangement. (iii) Applicable amount For purposes of this subparagraph, the applicable amount is— (I) $2,250 in the case of an eligible individual who has self-only coverage under a high deductible health plan at the time of such distribution, and (II) $4,500 in the case of an eligible individual who has family coverage under a high deductible health plan at the time of such distribution. . (e) Elimination of additional tax for failure To maintain high deductible health plan coverage Subsection (e) of section 106 is amended— (1) by striking paragraph (3) and redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively, and (2) by striking subparagraph (A) of paragraph (3), as so redesignated, and redesignating subparagraphs (B) and (C) of such paragraph as subparagraphs (A) and (B) thereof, respectively. (f) Limited purpose FSAs and HRAs Subsection (e) of section 106, as amended by this section, is amended by adding at the end the following new paragraph: (5) Limited purpose FSAs and HRAs A plan shall not fail to be a health flexible spending arrangement or health reimbursement arrangement under this section or section 105 merely because the plan converts coverage for individuals who enroll in a high deductible health plan described in section 223(c)(2) to coverage described in section 223(c)(1)(B)(iv). Coverage for such individuals may be converted as of the date of enrollment in the high deductible health plan, without regard to the period of coverage under the health flexible spending arrangement or health reimbursement arrangement, and without requiring any change in coverage to individuals who do not enroll in a high deductible health plan. . (g) Distribution amounts adjusted for cost-of-Living Subsection (e) of section 106, as amended by this section, is amended by adding at the end the following new paragraph: (6) Cost-of-living adjustment (A) In general In the case of any taxable year beginning in a calendar year after 2013, each of the dollar amounts in paragraph (2)(B)(iii) shall be increased by an amount equal to such dollar amount, multiplied by the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which such taxable year begins by substituting calendar year 2012 for calendar year 1992 in subparagraph (B) thereof. (B) Rounding If any increase under paragraph (1) is not a multiple of $50, such increase shall be rounded to the nearest multiple of $50. . (h) Disclaimer of disqualifying coverage Subparagraph (B) of section 223(c)(1), as amended by this section, is amended— (1) by striking and at the end of clause (iii), (2) by striking the period at the end of clause (iv) and inserting , and , and (3) by inserting after clause (iv) the following new clause: (v) any coverage (including prospective coverage) under a health plan that is not a high deductible health plan which is disclaimed in writing, at the time of the creation or organization of the health savings account, including by execution of a trust described in subsection (d)(1) through a governing instrument that includes such a disclaimer, or by acceptance of an amendment to such a trust that includes such a disclaimer. . (i) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 107. Allowance of distributions for prescription and over-the-counter medicines and drugs (a) HSAs Section 223(d)(2)(A) is amended by striking the last sentence thereof and inserting the following: Such term shall include an amount paid for any prescription or over-the-counter medicine or drug. . (b) Archer MSAs Section 220(d)(2)(A) is amended by striking the last sentence thereof and inserting the following: Such term shall include an amount paid for any prescription or over-the-counter medicine or drug. . (c) Health flexible spending arrangements and health reimbursement arrangements Subsection (f) of section 106 is amended to read as follows: (f) Reimbursements for all medicines and drugs For purposes of this section and section 105, reimbursement for expenses incurred for any prescription or over-the-counter medicine or drug shall be treated as a reimbursement for medical expenses. . (d) Effective date (1) Distributions from savings accounts The amendments made by subsections (a) and (b) shall apply to amounts paid with respect to taxable years beginning after December 31, 2012. (2) Reimbursements The amendment made by subsection (c) shall apply to expenses incurred with respect to taxable years beginning after December 31, 2012. 108. Purchase of health insurance from HSA account (a) In general Paragraph (2) of section 223(d) is amended to read as follows: (2) Qualified medical expenses (A) In general The term qualified medical expenses means, with respect to an account beneficiary, amounts paid by such beneficiary for medical care (as defined in section 213(d)) for any individual covered by a high deductible health plan of the account beneficiary, but only to the extent such amounts are not compensated for by insurance or otherwise. (B) Health insurance may not be purchased from account Except as provided in subparagraph (C), subparagraph (A) shall not apply to any payment for insurance. (C) Exceptions Subparagraph (B) shall not apply to any expense for coverage under— (i) a health plan during any period of continuation coverage required under any Federal law, (ii) a qualified long-term care insurance contract (as defined in section 7702B(b)), (iii) a health plan during any period in which the individual is receiving unemployment compensation under any Federal or State law, (iv) a high deductible health plan, or (v) any health insurance under title XVIII of the Social Security Act, other than a Medicare supplemental policy (as defined in section 1882 of such Act). . (b) Effective date The amendment made by this section shall apply with respect to insurance purchased after the date of the enactment of this Act in taxable years beginning after such date. 109. Special rule for certain medical expenses incurred before establishment of account (a) In general Paragraph (2) of section 223(d), as amended by section 108, is amended by adding at the end the following new subparagraph: (D) Certain medical expenses incurred before establishment of account treated as qualified An expense shall not fail to be treated as a qualified medical expense solely because such expense was incurred before the establishment of the health savings account if such expense was incurred— (i) during either— (I) the taxable year in which the health savings account was established, or (II) the preceding taxable year in the case of a health savings account established after the taxable year in which such expense was incurred but before the time prescribed by law for filing the return for such taxable year (not including extensions thereof), and (ii) for medical care of an individual during a period that such individual was covered by a high deductible health plan and met the requirements of subsection (c)(1)(A)(ii) (after application of subsection (c)(1)(B)). . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 110. Preventive care prescription drug clarification (a) Clarify use of drugs in preventive care Subparagraph (C) of section 223(c)(2) is amended by adding at the end the following: Preventive care shall include prescription and over-the-counter drugs and medicines which have the primary purpose of preventing the onset of, further deterioration from, or complications associated with chronic conditions, illnesses, or diseases. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2003. 111. Equivalent bankruptcy protections for health savings accounts as retirement funds (a) In general Section 522 of title 11, United States Code, is amended by adding at the end the following new subsection: (r) Treatment of health savings accounts For purposes of this section, any health savings account (as described in section 223 of the Internal Revenue Code of 1986) shall be treated in the same manner as an individual retirement account described in section 408 of such Code. . (b) Effective date The amendment made by this section shall apply to cases commencing under title 11, United States Code, after the date of the enactment of this Act. 112. Administrative error correction before due date of return (a) In general Paragraph (4) of section 223(f) is amended by adding at the end the following new subparagraph: (D) Exception for administrative errors corrected before due date of return Subparagraph (A) shall not apply if any payment or distribution is made to correct an administrative, clerical or payroll contribution error and if— (i) such distribution is received by the individual on or before the last day prescribed by law (including extensions of time) for filing such individual's return for such taxable year, and (ii) such distribution is accompanied by the amount of net income attributable to such contribution. Any net income described in clause (ii) shall be included in the gross income of the individual for the taxable year in which it is received. . (b) Effective date The amendment made by this section shall take effect on the date of the enactment of this Act. 113. Reauthorization of medicaid health opportunity accounts (a) In general Section 1938 of the Social Security Act ( 42 U.S.C. 1396u–8 ) is amended— (1) in subsection (a)— (A) by striking paragraph (2) and inserting the following: (2) Initial demonstration The demonstration program under this section shall begin on January 1, 2007. The Secretary shall approve States to conduct demonstration programs under this section for a 5-year period, with each State demonstration program covering one or more geographic areas specified by the State. With respect to a State, after the initial 5-year period of any demonstration program conducted under this section by the State, unless the Secretary finds, taking into account cost-effectiveness and quality of care, that the State demonstration program has been unsuccessful, the demonstration program may be extended or made permanent in the State. ; and (B) in paragraph (3), in the matter preceding subparagraph (A)— (i) by striking not ; and (ii) by striking unless and inserting if ; (2) in subsection (b)— (A) in paragraph (3), by inserting clause (i) through (vii), (viii) (without regard to the amendment made by section 2004(c)(2) of Public Law 111–148 ), (x), or (xi) of after described in ; and (B) by striking paragraphs (4), (5), and (6); (3) in subsection (c)— (A) by striking paragraphs (3) and (4); (B) by redesignating paragraphs (5) through (8) as paragraphs (3) through (6), respectively; and (C) in paragraph (4) (as redesignated by subparagraph (B)), by striking Subject to subparagraphs (D) and (E) and inserting Subject to subparagraph (D) ; and (4) in subsection (d)— (A) in paragraph (2), by striking subparagraph (E); and (B) in paragraph (3)— (i) in subparagraph (A)(ii), by striking Subject to subparagraph (B)(ii), in and inserting In ; and (ii) by striking subparagraph (B) and inserting the following: (B) Maintenance of health opportunity account after becoming ineligible for public benefit Notwithstanding any other provision of law, if an account holder of a health opportunity account becomes ineligible for benefits under this title because of an increase in income or assets— (i) no additional contribution shall be made into the account under paragraph (2)(A)(i); and (ii) the account shall remain available to the account holder for 3 years after the date on which the individual becomes ineligible for such benefits for withdrawals under the same terms and conditions as if the account holder remained eligible for such benefits, and such withdrawals shall be treated as medical assistance in accordance with subsection (c)(4). . (b) Conforming amendment Section 613 of Public Law 111–3 is repealed. 114. Members of health care sharing ministries eligible to establish health savings accounts (a) In general Section 223 is amended by adding at the end the following new subsection: (i) Application to health care sharing ministries For purposes of this section, membership in a health care sharing ministry (as defined in section 5000A(d)(2)(B)(ii)) shall be treated as coverage under a high deductible health plan. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 115. High deductible health plans renamed HSA qualified plans (a) In general Section 223, as amended by this Act, is amended by striking high deductible health plan each place it appears and inserting HSA qualified health plan . (b) Conforming amendments (1) Section 106(e), as amended by this Act, is amended by striking high deductible health plan each place it appears and inserting HSA qualified health plan . (2) The heading for paragraph (2) of section 223(c) is amended by striking High deductible health plan and inserting HSA qualified health plan . (3) Section 408(d)(9) is amended— (A) by striking high deductible health plan each place it appears in subparagraph (C) and inserting HSA qualified health plan , and (B) by striking High deductible health plan in the heading of subparagraph (D) and inserting HSA qualified health plan . 116. Treatment of direct primary care service arrangements (a) In general Section 223(c) is amended by adding at the end the following new paragraph: (6) Treatment of direct primary care service arrangements An arrangement under which an individual is provided coverage restricted to primary care services in exchange for a fixed periodic fee— (A) shall not be treated as a health plan for purposes of paragraph (1)(A)(ii), and (B) shall not be treated as insurance for purposes of subsection (d)(2)(B). . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 117. High deductible health plans with HSAs treated as qualified health plans Section 1301 of the Patient Protection and Affordable Care Act is amended by adding at the end the following new subsection: (e) High deductible health plan with health savings account A health plan not providing a bronze, silver, gold, or platinum level of coverage shall be treated as meeting the requirements of subsection (d) with respect to any plan year for any enrollee if the plan meets the requirements for a high deductible health plan under section 223(c)(2) of the Internal Revenue Code of 1986 and such enrollee has established a health savings account (as defined in section 223(d)(1) of such Code) in relation to such plan. . 118. Certain stand-alone HRAs not subject to prohibition on annual limits Section 2711(a) of the Public Health Service Act ( 42 U.S.C. 300gg–11(a) ) is amended by adding at the end the following new paragraph: (3) Exception for health reimbursement arrangements Paragraph (1)(A) shall not apply to any health reimbursement arrangement which permits the purchase of a qualified health plan through an Exchange established under section 1311 of the Patient Protection and Affordable Care Act. . II Other provisions 201. Certain exercise equipment and physical fitness programs treated as medical care (a) In general Subsection (d) of section 213 is amended by adding at the end the following new paragraph: (12) Exercise equipment and physical fitness programs (A) In general The term medical care shall include amounts paid— (i) to purchase or use equipment used in a program (including a self-directed program) of physical exercise, (ii) to participate, or receive instruction, in a program of physical exercise, and (iii) for membership dues in a fitness club the primary purpose of which is to provide access to equipment and facilities for physical exercise. (B) Limitation Amounts treated as medical care under subparagraph (A) shall not exceed $1,000 with respect to any individual for any taxable year. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 202. Certain nutritional and dietary supplements to be treated as medical care (a) In general Subsection (d) of section 213, as amended by section 201, is amended by adding at the end the following new paragraph: (13) Nutritional and dietary supplements (A) In general The term medical care shall include amounts paid to purchase herbs, vitamins, minerals, homeopathic remedies, meal replacement products, and other dietary and nutritional supplements. (B) Limitation Amounts treated as medical care under subparagraph (A) shall not exceed $1,000 with respect to any individual for any taxable year. (C) Meal replacement product For purposes of this paragraph, the term meal replacement product means any product that— (i) is permitted to bear labeling making a claim described in section 403(r)(3) of the Federal Food, Drug, and Cosmetic Act, and (ii) is permitted to claim under such section that such product is low in fat and is a good source of protein, fiber, and multiple essential vitamins and minerals. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 203. Certain provider fees to be treated as medical care (a) In general Subsection (d) of section 213, as amended by sections 201 and 202, is amended by adding at the end the following new paragraph: (14) Periodic provider fees The term medical care shall include periodic fees paid to a primary care physician for the right to receive medical services on an as-needed basis. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 204. Repeal of annual limitations on deductibles for employer-sponsored plans offered in small group market Section 1302(c)(2) of the Patient Protection and Affordable Care Act ( Public Law 111–148 ) is repealed.

https://www.govinfo.gov/content/pkg/BILLS-113hr2194ih/xml/BILLS-113hr2194ih.xml

113-hr-2195

I 113th CONGRESS 1st Session H. R. 2195 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Payne (for himself, Ms. Clarke , Mr. Danny K. Davis of Illinois , Mr. Fattah , Ms. Fudge , Mr. Grijalva , Mr. Hinojosa , Mr. Honda , Ms. Lee of California , Mr. McGovern , Mr. Polis , Mr. Horsford , Mr. Rangel , Ms. Wilson of Florida , Ms. Norton , Mr. Ellison , Mr. Al Green of Texas , Ms. Jackson Lee , Mr. Thompson of Mississippi , Mr. Bishop of Georgia , Ms. Bass , Mr. Scott of Virginia , Ms. Wasserman Schultz , Mr. Carson of Indiana , Mr. Clay , Mr. Meeks , Mr. Butterfield , and Mr. Higgins ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To support Promise Neighborhoods. 1. Short title This Act may be cited as the Promise Neighborhoods Act of 2013 . 2. Findings Congress finds the following: (1) Between 2007 and 2009, the number of children in the United States living in poverty increased by 2,200,000, to 15,500,000 children. (2) According to the National Center for Children in Poverty, the number of poor children under age 6 increased by 24 percent between 2000 and 2007. The Center also found that, in Iowa, 20 percent of children under age 6 live in poor families. (3) According to the Organisation for Economic Co-operation and Development (OECD), in 2008, the United States had a child poverty rate of 20.6 percent, making the United States the OECD nation with the fourth worst level of child poverty. Of the 4 most developed countries in the world, the United States has the highest rate of child poverty. (4) According to the National Center for Children in Poverty, at age 4, children who live below the poverty line are 18 months below normal learning and achievement for their age group, and by age 10 that gap is still present. For children living in the poorest families, the gap is even larger. (5) Children from low-income families are more likely to have low levels of school engagement, to be chronically absent from school, to have emotional and behavioral problems, and to live in stressful home environments. (6) By age 3, children in low-income homes will have heard one-third as many words as children in middle-income and high-income homes. (7) Studies show that children who attend high-quality early childhood education programs are less likely to repeat grades, less likely to be assigned to special education, and more likely to perform better on standardized tests, experience reduced rates of teenage pregnancy, and graduate from high school. Additionally, such children are less likely to engage in criminal behavior and more likely to obtain employment at higher wages. Economically disadvantaged children gain even larger benefits from such high-quality programs. (8) Compared with children in kindergarten from low-income families, children in kindergarten from high-income families live in homes with 3 times the number of books and such children are 4 times as likely to have a computer at home. Children from high-income families also watch far less television and are more likely to visit museums or libraries. (9) By the time children from low-income families enter kindergarten, they are already 3 months behind the national average in reading and mathematics skills, a gap that persists through high school. (10) A child from a middle-income family typically enters first grade with about 1,000 hours of one-on-one picture book reading time with parents, other relatives, or teachers, but a child from a low-income family averages less than 100 hours of such reading time. (11) The percentage of households with children reporting food insecurity (limited or uncertain access to nutritious, safe foods) increased by 25 percent between 2007 and 2008. Poor nutrition is linked to behavioral problems, lower educational performance, and delayed socio-emotional development. (12) Twenty-nine percent of high-achieving 8th graders from low-income families complete college. This is the same rate of college completion as low-achieving 8th graders from high-income families. (13) About one-fourth of all students who start 9th grade will not graduate 4 years later. For African-American and Latino students, that figure increases to 40 percent. A 16- to 24-year-old coming from a high-income family is about 7 times as likely to have completed high school as a 16- to 24-year-old coming from a low-income family. (14) The average annual cost to incarcerate a youth in the United States is approximately $88,000, while per pupil annual spending for a student in kindergarten through grade 12 is $10,000. 3. Purpose The purpose of this Act is to significantly improve academic outcomes, including school readiness, high school graduation, and college entry and success of children living in our Nation’s most distressed neighborhoods, by using data-driven decisionmaking and existing external resources to provide children in such neighborhoods with access to a community-based continuum of high-quality pipeline services that include access to early learning opportunities, high-quality schools, and evidence-based practices that address the needs of such children from birth through college and career. 4. Definitions In this Act: (1) In general Except as otherwise provided, the terms used in this Act have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Child The term child means an individual from birth through age 21. (3) College and career readiness The term college and career readiness means the level of preparation a student needs in order to— (A) enroll and succeed, without remediation, in credit-bearing courses at an institution of higher education; (B) demonstrate the full range of knowledge and perform the full range of workplace skills necessary to succeed and advance in 21st century careers, such as higher-order thinking, collaboration and teamwork, and oral and written communication skills; and (C) complete a program leading to an industry-recognized credential that prepares graduates to obtain employment with family-sustaining wages and opportunities for advancement. (4) Community of practice The term community of practice means a group of entities that interact regularly to share best practices to address one or more persistent problems, or improve practice with respect to such problems, in one or more neighborhoods. (5) Expanded learning time The term expanded learning time means using a longer school day, week, or year schedule to significantly increase the total number of school hours to include additional time for— (A) instruction in core academic subjects; (B) instruction in other subjects and enrichment and other activities that contribute to a well-rounded education, including music and the arts, physical education, service-learning, and experiential and work-based learning opportunities (such as community service, learning apprenticeships, internships, and job shadowing); and (C) instructional and support staff to collaborate, plan, and engage in professional development, including on family and community engagement, within and across grades and subjects. (6) Family and community engagement The term family and community engagement means the process of engaging family and community members in education meaningfully and at all stages of the planning, implementation, and school and neighborhood improvement process, including, at a minimum— (A) disseminating a clear definition of the neighborhood to the members of the neighborhood; (B) ensuring representative participation by the members of such neighborhood in the planning and implementation of the activities of each grant awarded under this Act; (C) regular engagement by the eligible entity and the partners of the eligible entity with family members and community partners; (D) the provision of strategies and practices to assist family and community members in actively supporting student achievement and child and youth development; and (E) collaboration with institutions of higher education and employers to align expectations and programming with college and career readiness. (7) Family and student supports The term family and student supports includes— (A) health programs (including both mental health and physical health services); (B) school-, public-, and child-safety programs; (C) programs that improve family stability; (D) employment programs (including those that meet local business needs, such as internships and externships); (E) social service programs; (F) legal aid programs; (G) financial education programs; (H) adult education and family literacy programs; (I) family and community engagement programs; and (J) programs that increase access to learning technology and enhance the digital literacy skills of students. (8) Family member The term family member means a parent (as defined in section 9101 the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)), relative, or other adult who is responsible for the education, care, and well-being of a child. (9) Integrated student supports The term integrated student supports means services, supports, and community resources, which shall be offered through a site coordinator for at-risk students, that have been shown by evidence-based research— (A) to increase academic achievement and engagement; (B) to support positive child and youth development; and (C) to increase student preparedness for success in college and the workforce. (10) Neighborhood The term neighborhood means a defined geographical area in which there are multiple signs of distress, demonstrated by indicators of need, including poverty, childhood obesity rates, academic failure, and rates of juvenile delinquency, adjudication, or incarceration. (11) Pipeline The term pipeline means a continuum of supports and services (including pipeline services, as defined in this Act) for children from birth through college entry, college success, and career attainment. (12) Pipeline services The term pipeline services includes, at a minimum, strategies to address through services or programs (including integrated student supports and wraparound services) the following: (A) Prenatal education and support for expectant parents. (B) High-quality early learning opportunities. (C) High-quality schools and out-of-school-time programs and strategies. (D) Support for a child’s transition to elementary school, between elementary school and middle school, from middle school to high school, and from high school into and through college and into the workforce. (E) Family and community engagement. (F) Family and student supports. (G) Activities that support college and career readiness, such as— (i) assistance with college admissions, financial aid, and scholarship applications, especially for low-income and low-achieving students; and (ii) career preparation services and supports. (H) Neighborhood-based support for college-age students who have attended the schools in the pipeline, or students who are members of the community, facilitating their continued connection to the community and success in college and the workforce. I PROMISE NEIGHBORHOOD PARTNERSHIP GRANTS 101. Program authorized (a) In general From amounts appropriated under section 304, the Secretary shall award grants, on a competitive basis, to eligible entities to implement a comprehensive, evidence-based pipeline that engages community partners to improve academic achievement, student development, and college and career readiness, measured by common outcomes, by carrying out the activities described in section 104 in neighborhoods with high concentrations of low-income individuals and persistently low-achieving schools or schools with an achievement gap. (b) Duration (1) In general Grants awarded under this title shall be for a period of not more than 5 years. (2) Renewal The Secretary may renew grants under this title for an additional period of not more than 5 years, if an eligible entity demonstrates significant success in— (A) ensuring school readiness, including success in early learning; (B) improving academic outcomes, including academic achievement and graduation rates; (C) increasing college and career readiness, including rates of enrollment in institutions of higher education; and (D) improving the health, mental health, and social and emotional well-being of children. (c) Continued funding Continued funding after the third year of the grant period shall be contingent on the eligible entity’s progress toward meeting the performance metrics described in section 106(a). (d) Matching requirement Each eligible entity receiving a grant under this title shall contribute matching funds in an amount equal to not less than 100 percent of the amount of the grant. Such matching funds— (1) may come from Federal or non-Federal sources; and (2) a portion of such funds shall come from private, nongovernmental sources. (e) Financial hardship waiver The Secretary may waive or reduce the matching requirement described in subsection (d) if the eligible entity demonstrates a need due to significant financial hardship. 102. Eligible entities In this title, the term eligible entity means a nonprofit entity acting as the lead applicant for a grant under this title in partnership with a local educational agency. Such partnership may also include any of the following entities: (1) An institution of higher education, as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ). (2) The office of a chief elected official of a unit of local government. (3) An Indian tribe or tribal organization, as defined under section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). 103. Application requirements (a) In general To be eligible to receive a grant under this title, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (b) Contents of application At a minimum, an application described in subsection (a) shall include the following: (1) A description of a plan to significantly improve the academic outcomes of children living in an identified neighborhood by providing a pipeline that addresses the neighborhood’s needs, as identified by the needs analysis described in paragraph (4) and supported by evidence-based practices. (2) A description of the neighborhood that the eligible entity will serve. (3) Measurable annual goals for the outcomes of the grant, including— (A) performance goals, in accordance with the metrics described in section 106(a), for each year of the grant; and (B) projected participation rates and any plans to expand the number of children served or the neighborhood proposed to be served by the grant program. (4) An analysis of the needs and assets of the neighborhood identified in paragraph (2), including— (A) a description of the process through which the needs analysis was produced, including a description of how family and community members were engaged in such analysis; (B) an analysis of community assets within, or accessible to, the neighborhood, including, at a minimum— (i) early learning programs, including high-quality child care, Early Head Start programs, Head Start programs, and prekindergarten programs; (ii) the availability of healthy food options and opportunities for physical activity; (iii) existing family and student supports; (iv) locally owned businesses and employers; and (v) institutions of higher education; (C) evidence of successful direct services and collaboration within the neighborhood; (D) the steps that the eligible entity is taking, at the time of the application, to meet the needs identified in the needs analysis; and (E) any barriers the eligible entity, public agencies, and other community-based organizations have faced in meeting such needs. (5) A description of the data and evidence base used to identify the pipeline services to be provided, including data regarding— (A) school readiness; (B) academic achievement and college and career readiness; (C) secondary school graduation rates; (D) health indicators, such as rates of childhood obesity or other health and developmental risk factors; (E) college enrollment, persistence, and completion rates; and (F) conditions for learning, including school climate surveys, discipline rates, and student attendance and incident data. (6) A description of the process used to develop the application, including the involvement of family and community members. (7) An estimate of— (A) the number of children, by age, who will be served by each pipeline service over time; and (B) for each age group, the percentage of children (of such age group), within the neighborhood, who the eligible entity proposes to serve, disaggregated by each service, and the goals for increasing such percentage over time. (8) A description of how the pipeline services will include the following activities: (A) Providing high-quality early learning opportunities for children, beginning prenatally and extending through grade 3, by— (i) establishing or supporting high-quality early learning opportunities that provide children with full-day, full-year access to programs that support the cognitive and developmental skills, including social and emotional skills, needed for success in elementary school; (ii) providing for opportunities, through parenting classes, baby academies, home visits, or other evidence-based strategies, for families and expectant parents to— (I) acquire the skills to promote early learning, development, and health and safety, including learning about child development and positive discipline strategies (such as through the use of technology and public media programming); (II) learn about the role of families and expectant parents in their child’s education; and (III) become informed about educational opportunities for their children, including differences in quality among early learning opportunities; (iii) ensuring successful transitions between early learning programs and elementary school, including through the establishment of memoranda of understanding between early learning providers and local educational agencies serving young children and families; (iv) ensuring appropriate screening, diagnostic assessments, and referrals for children with disabilities, developmental delays, or other special needs; (v) improving the early learning workforce in the community, including through— (I) investments in the recruitment, retention, distribution, and support of high-quality professionals, especially those with certification and experience in child development; (II) the provision of high-quality teacher preparation and professional development; (III) the use of joint professional development for early learning providers and elementary school teachers and administrators; or (IV) efforts to increase the pay and benefits of early learning professionals; and (vi) enhancing data systems and data sharing among the eligible entity, partners, early learning providers, schools, and local educational agencies operating in the neighborhood. (B) Supporting, enhancing, operating, or expanding ambitious, rigorous, and comprehensive education reforms designed to significantly improve educational outcomes for children and youth in early learning programs through grade 12, which may include— (i) operating schools or working in close collaboration with local schools to provide high-quality academic programs, curricula, and integrated student supports; (ii) the provision of expanded learning time; and (iii) the provision of programs and activities that ensure that students— (I) are prepared for the college admissions, scholarship, and financial aid application processes; and (II) graduate college and career ready. (C) Supporting access to a healthy lifestyle, which may include— (i) the provision of high-quality and nutritious meals; (ii) access to programs that promote physical activity, physical education, and fitness; and (iii) education to promote a healthy lifestyle and positive body image. (D) Providing social, health, and mental health services and supports, including referrals for essential care and preventative screenings, for children, family, and community members, which may include— (i) dental services; (ii) vision care; and (iii) oral and auditory screenings and referrals. (E) Supporting students and family members as they transition from early learning programs into elementary school, from elementary school to middle school, from middle school to high school, from high school into and through college and into the workforce, including through specialized resources to address challenges that students may face as they transition, such as the following: (i) Early college high schools. (ii) Dual enrollment programs. (iii) Career academies. (iv) Counseling and support services. (v) Dropout prevention and recovery strategies. (vi) Collaboration with the juvenile justice system and reentry counseling for adjudicated youth. (vii) Advanced Placement (AP) or International Baccalaureate (IB) programs. (viii) Teen parent classrooms. (ix) Graduation and career coaches. (9) A description of the strategies that will be used to provide pipeline services (including a description of the process used to identify such strategies and the outcomes expected, and a description of which programs and services will be provided to children, family members, community members, and children not attending schools or programs operated by the eligible entity or its partner providers) to support the purpose of this Act. (10) An explanation of the process the eligible entity will use to establish and maintain family and community engagement. (11) An explanation of how the eligible entity will continuously evaluate and improve the pipeline, including— (A) a description of the metrics, consistent with section 106(a), that will be used to inform each component of the pipeline; and (B) the processes for using data to improve instruction, optimize integrated student supports, provide for continuous program improvement, and hold staff and partner organizations accountable. (12) An identification of the fiscal agent, which may be any entity described in section 102. (13) A list of Federal and non-Federal sources of funding that the eligible entity will secure to comply with the matching-funds requirement described in section 101(d), including other programs funded by the Department of Education, or programs in the Department of Health and Human Services, the Department of Housing and Urban Development, the Department of Justice, or the Department of Labor. (c) Memorandum of understanding An eligible entity, as part of the application described in this section, shall submit a preliminary memorandum of understanding, signed by each partner entity or agency. The preliminary memorandum of understanding shall describe, at a minimum— (1) each partner’s financial and programmatic commitment with respect to the strategies described in the application, including an identification of the fiscal agent; (2) each partner’s long-term commitment to providing pipeline services that, at a minimum, accounts for the cost of supporting the pipeline (including after grant funds are no longer available) and potential changes in local government; (3) each partner’s mission and plan that will govern the work that partners do together; (4) each partner’s long-term commitment to supporting the pipeline through data collection, monitoring, reporting, and sharing; and (5) each partner’s commitment to ensure sound fiscal management and controls, including evidence of a system of supports and personnel. 104. Use of funds (a) In general Each eligible entity that receives a grant under this title shall use the grant funds to— (1) implement the pipeline services, as described in the application under section 103; and (2) continuously evaluate the success of the program and improve the program based on data and outcomes. (b) Special rule Each eligible entity that receives a grant under this title shall, in the 3rd year of the grant and each subsequent year, including each year of a renewal grant, use not less than 80 percent of grant funds to carry out the activities described in subsection (a)(1). 105. Report and publicly available data (a) Report Each eligible entity that receives a grant under this title shall prepare and submit an annual report to the Secretary, which shall include— (1) information about the number and percentage of children, family members, and community members in the neighborhood who are served by the grant program, including a description of the number and percentage of children accessing each of the pipeline services; (2) data (disaggregated by the categories described in section 205(a)(1)) about the grant program’s success in— (A) narrowing achievement gaps and improving student achievement; (B) ensuring school readiness and healthy socio-emotional development; (C) increasing student persistence; (D) increasing student attendance, and decreasing incidences of violence, suspension, and expulsion; (E) improving conditions for learning, as measured by a school climate survey; (F) increasing the number and percentage of family members who participate in adult education and family literacy programs and other community activities; and (G) increasing secondary school graduation rates and college entry and completion rates; (3) information relating to the performance metrics described in section 106(a); and (4) other indicators that may be required by the Secretary, in consultation with the Director of the Institute of Education Sciences. (b) Publicly available data Each eligible entity that receives a grant under this title shall make publicly available, including through electronic means, the information described in subsection (a). To the extent practicable, such information shall be provided in a form and language accessible to parents and families in the neighborhood, and such information shall be a part of statewide longitudinal data systems. 106. Accountability (a) Performance metrics The Secretary shall establish performance metrics relevant to the evaluation of the grant program under this title. (b) Evaluation The Secretary shall evaluate the implementation and impact of the activities funded under this title, in accordance with section 302. II PROMISE SCHOOL GRANTS 201. Program authorized (a) In general From amounts appropriated under section 304, the Secretary shall award grants, on a competitive basis, to eligible entities to implement school-centered, evidence-based strategies and integrated student supports that leverage community partnerships to improve student achievement and child and youth development by carrying out the activities described in section 204 in schools with high concentrations of low-income children. (b) General provisions The requirements of subsections (b), (c), (d), and (e) of section 101 and section 104(b) shall apply to a grant under this title in the same manner as such subsections apply to a grant under title I, except that the performance metrics used for section 101(c) shall be the metrics under section 206(a). 202. Definition of eligible entity In this title, the term eligible entity means— (1) not less than 1 local educational agency in partnership with one or more nonprofit entities; (2) a school funded by the Bureau of Indian Education that falls under the definition of a local educational agency under section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ) in partnership with one or more nonprofit organizations or institutions of higher education; or (3) a charter school that is not a local educational agency, operating in partnership with one or more nonprofit organizations or institutions of higher education. 203. Application requirements; priority (a) In general To be eligible to receive a grant under this title, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (b) Contents of application At a minimum, the application described in subsection (a) shall include the following: (1) A description of the local educational agency, schools, and students that will be served by the grant program. (2) A description of the steps that the eligible entity is taking— (A) to meet the needs identified in the analysis described in paragraph (4); and (B) to remove any barriers that the eligible entity has identified in meeting such needs. (3) The designation of a site coordinator, who shall meet nationally recognized professional development standards, and have appropriate time, autonomy, and support to provide— (A) leadership in building relationships and establishing and sustaining partnerships that support school improvement, school turnaround efforts in accordance with section 1116 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316), increases in student achievement, positive child and youth development, and family and community engagement; and (B) effective coordination of student services at all stages of the pipeline. (4) An analysis of the needs and assets of the schools and communities that will be assisted under this title. Such analysis shall include— (A) student data, including information about— (i) school readiness; (ii) achievement; (iii) credit accumulation; (iv) grade to grade promotion; (v) graduation; (vi) attendance; and (vii) discipline; and (B) information about the assets described in section 103(b)(4)(B) with respect to such schools and communities. (5) An explanation of how the eligible entity and its program partners will use evidence-based practice, data, and research to leverage partnerships to implement integrated student supports and wraparound services to— (A) address the needs identified in paragraph (4); (B) ensure that family members and community members— (i) participate in the education of their children and become an integral part of the school culture, school improvement, and decisionmaking; and (ii) promote strategies that include the educational and financial planning that are necessary to increase access to, and success in, postsecondary education; (C) enable teachers and administrators, including early learning providers, to complement and enrich efforts to help children— (i) make learning gains; (ii) prepare for graduation; and (iii) plan for the future, including preparing for college and careers; and (D) coordinate and leverage other programs that serve children, the schools served by the grant, and the neighborhood. (6) An explanation of the extent to which the eligible entity and its program partners will serve or involve children residing in the neighborhood regardless of whether such children attend a school served by the grant (including by, as appropriate, providing high-quality early learning opportunities for children, beginning at birth and extending through grade 3) by— (A) as appropriate, carrying out the activities described in section 103(b)(7)(A); and (B) carrying out the activities described in subparagraphs (B) through (E) of section 103(b)(7). (7) A description of the capacity of the eligible entity for measuring student outcomes and school-specific outcomes. (8) A description of how the strategies supported with funds under this title will be— (A) coordinated with other programs and strategies carried out by the local educational agency; and (B) to the greatest extent practicable, coordinated with other agencies, such as agencies that provide reentry services to adjudicated youth. (9) A description of the strategy the eligible entity will use to— (A) support family and community engagement; and (B) make schools the centers of their respective communities. (10) A list of Federal and non-Federal sources of funding that the eligible entity will secure to comply with the matching-funds requirement described in section 101(d), including other programs funded by the Department of Education, or programs in the Department of Health and Human Services, the Department of Housing and Urban Development, the Department of Justice, or the Department of Labor. (c) Memorandum of understanding An eligible entity, as part of the application described in this section, shall submit a preliminary memorandum of understanding that meets the requirements of section 103(c). (d) Priority In awarding grants under this title, the Secretary shall give priority to applicants that— (1) propose to provide a continuum of high-quality education and student support services for children beginning in prekindergarten and extending through high school graduation; and (2) propose to include significant investments in high-quality early learning programs, consistent with section 203(b)(6)(A). 204. Use of funds Each eligible entity that receives a grant under this title shall use the grant funds to— (1) implement the activities described in the application under section 203; and (2) continuously evaluate the success of the grant program and improve the grant program based on data and outcomes. 205. Report and publicly available data (a) Report Each eligible entity that receives a grant under this title shall prepare and submit an annual report to the Secretary, which shall include— (1) information about the number and percentage of children served by the grant program, disaggregated by age, gender, race, ethnicity, disability status, socioeconomic status, and English proficiency; (2) data about the grant program’s success in— (A) narrowing achievement gaps; (B) ensuring school readiness and healthy socio-emotional development; (C) improving academic achievement; (D) increasing student persistence; (E) increasing on-time secondary school graduation rates and college entry; and (F) increasing student attendance and decreasing incidents of violence, suspension, and expulsion; and (3) other indicators that may be required by the Secretary, in consultation with the Director of the Institute of Education Sciences. (b) Publicly available data Each eligible entity that receives a grant under this title shall make publicly available, including through electronic means, the information described in subsection (a). To the extent practicable, such information shall be provided in a form and language accessible to parents and families in the neighborhood. 206. Accountability (a) Performance metrics The Secretary shall establish performance metrics relevant to the evaluation of the grant program under this title. (b) Evaluation The Secretary shall evaluate the implementation and impact of the activities funded under this title, pursuant to section 302. III GENERAL PROVISIONS 301. Planning grants (a) Purpose The purposes of the planning grant program established under this section are to— (1) enable communities to assess their needs and assets regarding the unmet needs of children and youth; (2) develop appropriate plans to address such unmet needs through the provision of pipeline services; and (3) support communities as such communities prepare to apply for a grant under title I or title II. (b) Planning grants authorized From the amounts appropriated under section 304, the Secretary may reserve not more than 10 percent for planning grants to entities eligible for grants under title I or II. (c) Duration Grants awarded under this section shall be for a period of not more than 1 year, and such grants shall not be renewed. (d) Application (1) In general To be eligible to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Contents At a minimum, the application described in paragraph (1) shall describe— (A) how the eligible entity will conduct a needs and assets analysis; (B) how the eligible entity will use planning grant funds in accordance with the purpose of this Act, including to establish a process to prioritize and allocate resources and services to address the unmet needs of children and youth in the community; and (C) how the eligible entity will use planning grant funds to become more competitive in applying for a grant under title I or II. (e) Limitation No entity may receive a grant under this section while concurrently receiving grant funding under title I or II of this Act. (f) Matching funds The Secretary shall require that each eligible entity receiving a grant under this section contribute matching funds in an amount equal to not less than 50 percent of the amount of the grant. Such matching funds may come from Federal or non-Federal sources. 302. Evaluation From the amounts appropriated under section 304, the Secretary may reserve not more than 3 percent for a national evaluation of the activities carried out under titles I and II. In conducting such evaluations, the Secretary shall— (1) direct the Director of the Institute of Education Sciences, in consultation with the relevant program office at the Department, to evaluate the implementation and impact of the activities funded under titles I and II, including the costs and benefits of such activities, relative expenditures on different activities in the pipeline, and the impacts of such activities on incarceration and recidivism rates of children in neighborhoods served by grants under such titles; (2) direct the Director of the Institute of Education Sciences to identify best practices to improve the effectiveness of activities funded under titles I and II; and (3) disseminate research on best practices to significantly improve the academic outcomes of children living in our Nation’s most distressed communities. 303. National activities From the amounts appropriated under section 304 for a fiscal year, the Secretary may reserve not more than 5 percent for national activities, which may include— (1) research on the activities carried out under titles I and II; (2) identifying and disseminating best practices; (3) support for the community of practice related to the purposes of this grant, which may include technical assistance and conferences; (4) professional development; and (5) other activities consistent with the purpose of this Act. 304. Authorization of appropriations There are authorized to be appropriated to carry out this Act such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years.

https://www.govinfo.gov/content/pkg/BILLS-113hr2195ih/xml/BILLS-113hr2195ih.xml

113-hr-2196

I 113th CONGRESS 1st Session H. R. 2196 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Petri (for himself and Mr. Polis ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To create and expand innovative teacher and principal preparation programs known as teacher and principal preparation academies. 1. Short title; table of contents (a) Short title This Act may be cited as the Growing Education Achievement Training Academies for Teachers and Principals Act or the GREAT Teachers and Principals Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purpose. Sec. 3. Definitions. Sec. 4. State grants. Sec. 5. Subgrants to teacher or principal preparation academies. Sec. 6. Coordination with the Corporation for National and Community Service. Sec. 7. Authorization of appropriations. 2. Purpose The purpose of this Act is to encourage innovation in the field of teacher and principal preparation by creating and expanding teacher or principal preparation academies that will increase the number of effective teachers and principals serving in high-needs schools and hard-to-staff subjects, such as science, technology, engineering, mathematics, and computer science. 3. Definitions In this Act: (1) Principal preparation academy The term principal preparation academy means a public or other nonprofit institution for preparing principals that— (A) enters into a charter with a State authorizer that specifies the goals and outcomes expected of the principal preparation academy and the obligations of the State authorizer, including— (i) a requirement that— (I) principal candidates, or principals serving on alternative certificates, licenses, or credentials, who are enrolled in the principal preparation academy receive a significant part of their training through clinical preparation that partners the principal candidate with a mentor principal; and (II) the academy will provide instruction to the principal candidate that links to the clinical preparation experience; (ii) the number of principals the principal preparation academy will produce and the minimum number and percentage of effective principals with a demonstrated track record of success in getting a school's students on track to being career and college ready; (iii) a requirement that a certificate of completion (or degree, if the principal preparation academy is, or is affiliated with, an institution of higher education) will be conferred upon a graduate from the principal preparation academy only after the graduate demonstrates a track record of success in getting a school's students on track to being college and career ready; (iv) a requirement that the principal preparation academy survey the academy's alumni not less than once every 3 years to track the number of alumni employed as principals and in education; and (v) timelines for producing cohorts of graduates and conferring certificates of completion (or degrees, if the principal preparation academy is, or is affiliated with, an institution of higher education) from the principal preparation academy; (B) shall not have unnecessary restrictions on the methods the principal preparation academy will use to train principal candidates, including restrictions or requirements— (i) obligating the faculty of the principal preparation academy faculty to hold advanced degrees; (ii) obligating such faculty to conduct academic research; (iii) related to the physical infrastructure of the principal preparation academy; or (iv) related to the number of course credits required as part of the program of study; and (C) limits admission to its program to candidates who demonstrate strong potential to be effective principals, based on a rigorous, competency-based selection process that reviews a candidate's prior academic achievement or record of professional accomplishment. (2) State authorizer The term State authorizer means an entity designated by the State to recognize teacher or principal preparation academies within the State that— (A) may be a nonprofit organization, State educational agency, or other public entity, or consortium of such entities (including a consortium of States); and (B) does not renew a teacher or principal preparation academy’s charter if the academy fails to produce the minimum number or percentage of effective teachers or principals, respectively, identified in the academy's charter. (3) Teacher or principal preparation academy The term teacher or principal preparation academy means a teacher preparation academy or a principal preparation academy. (4) Teacher preparation academy The term teacher preparation academy means a public or other nonprofit institution for preparing teachers that— (A) enters into a charter with a State authorizer that specifies the goals and outcomes expected of the teacher preparation academy and the obligations of the State authorizer, including— (i) a requirement that— (I) teacher candidates, or teachers teaching on alternative certificates, licenses, or credentials, who are enrolled in the teacher preparation academy receive a significant part of their training through clinical preparation that partners teacher candidates with mentor teachers with a demonstrated track record of success in improving academic achievement in the classroom; and (II) the academy will provide instruction to teacher candidates that links to the clinical preparation experience; (ii) the number of teachers the teacher preparation academy will produce and the minimum number and percentage of effective teachers with a demonstrated track record of success in getting students on track to being college and career ready, based on multiple measures of student achievement; (iii) a requirement that a teacher preparation academy will only award a certificate of completion (or degree, if the teacher preparation academy is, or is affiliated with, an institution of higher education) after the graduate demonstrates the track record of success described in clause (ii), either as a student teacher or teacher-of-record on an alternative certificate, license, or credential; (iv) a requirement that the teacher preparation academy survey the academy's alumni not less than once every 3 years to track the number of alumni employed as teachers and in education; and (v) timelines for producing cohorts of graduates and conferring certificates of completion (or degrees, if the teacher preparation academy is, or is affiliated with, an institution of higher education) from the teacher preparation academy; (B) shall not have unnecessary restrictions on the methods or inputs the teacher preparation academy will use to train teacher candidates or teachers teaching on alternative certificates, licenses, or credentials, including restrictions or requirements— (i) obligating the faculty of the teacher preparation academy to hold advanced degrees; (ii) obligating such faculty to conduct academic research; (iii) related to the physical infrastructure of the teacher preparation academy; (iv) related to the number of course credits required as part of the program of study; (v) related to the undergraduate coursework completed by teachers teaching on alternative certificates, licenses, or credentials, as long as such teachers have successfully passed all relevant State-approved content area examinations; or (vi) related to obtaining additional accreditation from a national accrediting body; and (C) limits admission to its program to candidates who demonstrate strong potential to be effective teachers, based on a rigorous selection process that reviews a candidate's prior academic achievement or record of professional accomplishment. 4. State grants (a) In general The Secretary is authorized to award grants to States having applications approved under subsection (b) to enable such States to create or expand teacher or principal preparation academies. (b) Applications Each State that desires a grant under this Act shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. The application shall include— (1) an assurance that the State does not have in place legal, statutory, or regulatory barriers to the creation or operation of teacher or principal preparation academies; (2) a description of how the State will promote the creation and expansion of teacher or principal preparation academies; (3) a description of how the authorization and approval of teacher or principal preparation academies is separate and distinct from the requirements otherwise established by the State for approval of other teacher or principal preparation programs; (4) a description of the process the State authorizer will use to authorize and approve a teacher or principal preparation academy that— (A) enables participants in the academy to be eligible for State financial aid to the same extent as participants in other State-approved teacher or principal preparation programs, including alternative certification, licensure, or credential programs; (B) enables teachers who are teaching on alternative certificates, licenses, or credentials to teach in the State while enrolled in a teacher preparation academy; and (C) enables graduates from teacher preparation academies to be eligible to teach in such State and graduates from principal preparation academies to be eligible to be a principal in a school in such State; (5) a description of the process the State authorizer will use to monitor the success of— (A) a teacher preparation academy in— (i) producing effective teachers that demonstrate a track record of success in getting students on track to being college and career ready, based on multiple measures of student achievement; and (ii) preparing teachers to teach in high-needs schools or hard-to-staff subjects; and (B) a principal preparation academy in— (i) producing effective principals that demonstrate a track record of success in getting students in a school on track to being career and college ready; and (ii) preparing principals to serve in high-needs schools or hard-to-staff subjects; (6) the criteria the State authorizer will apply in renewing or denying a teacher or principal preparation academy’s charter, including the minimum number and percentage of effective teachers or principals such academy must produce in order to renew its charter; and (7) an assurance that the State will recognize a certificate of completion (from a teacher or principal preparation academy that is not, or is unaffiliated with, an institution of higher education), as at least the equivalent of a master’s degree in education for the purposes of teacher or principal hiring, retention, compensation, and promotion in the State. (c) Uses of funds A State receiving a grant under this Act shall use grant funds to— (1) implement a process by which to— (A) create or designate State authorizers; and (B) create or approve teacher or principal preparation academies; (2) support, directly or through a nonprofit intermediary organization, the establishment and operation of teacher or principal preparation academies by assisting entities with the planning, program design, and implementation of such programs; and (3) award subgrants to teacher or principal preparation academies in the State in accordance with section 5. 5. Subgrants to teacher or principal preparation academies (a) In general From the amounts made available under section 4(c)(3), a State shall award subgrants to nonprofit entities to carry out activities described in subsection (d). (b) Applications Each nonprofit entity desiring a subgrant under this section from a State shall submit an application to a State authorizer designated by the State to receive such applications. The application shall include, at a minimum— (1) a description of the teacher or principal preparation academy's proposed curriculum, training of teacher or principal candidates (including clinical training), and approach to teacher or principal development; (2) the student achievement outcomes the entity will require of academy graduates before conferring a degree or certificate of completion from the program, with timelines for obtaining such outcomes; (3) a multi-year financial and operating model for the entity; (4) the qualifications of the entity’s chief executive officer or organization leader; and (5) a description of how the teacher or principal preparation academy is designed to prepare teachers or principals to serve in high-need areas (including rural areas and Native American communities), or hard-to-staff subjects. (c) Priority In awarding subgrants under this section, a State shall give a priority to entities proposing to expand previously existing teacher or principal preparation programs, as of the date of application, with a demonstrated track record of success in getting students on track to being college and career ready. (d) Uses of funds An entity that receives a subgrant under this section shall use its subgrant— (1) to establish a teacher or principal preparation academy; (2) to expand the capacity of a teacher or principal preparation academy; (3) to measure the effectiveness of a teacher or principal preparation academy in improving student academic achievement, as demonstrated by getting students on track to be college and career ready; or (4) to recruit candidates for a teacher or principal preparation academy who have demonstrated strong potential to be effective teachers or principals, based on a rigorous, competency-based selection process that reviews a candidate's prior academic achievement or record of professional accomplishment. 6. Coordination with the Corporation for National and Community Service (a) Interagency agreement The Secretary shall enter into an interagency agreement with the Corporation for National and Community Service under section 121(b) of the National and Community Service Act of 1990 ( 42 U.S.C. 12571(b) ) under which the Corporation shall approve positions, for candidates at each teacher or principal preparation academy that receives financial assistance under this Act, as approved national service positions, as defined in section 101 of the National and Community Service Act of 1990 ( 42 U.S.C. 12511 ). Such interagency agreement shall specify how a degree or certificate of completion for a term of service as a participant at a teacher or principal preparation academy will be submitted to the Corporation. (b) Special rule Notwithstanding section 148 of the National and Community Service Act of 1990 ( 42 U.S.C. 12604 ), the Secretary and the Chief Executive Officer of the Corporation for National and Community Service shall develop a program under which national service educational awards may be disbursed to a teacher or principal preparation academy to cover or reimburse the costs of attending the academy. 7. Authorization of appropriations There are authorized to be appropriated to carry out this Act such sums as may be necessary for each of fiscal years 2014 through 2018.

https://www.govinfo.gov/content/pkg/BILLS-113hr2196ih/xml/BILLS-113hr2196ih.xml

113-hr-2197

I 113th CONGRESS 1st Session H. R. 2197 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Ms. Pingree of Maine (for herself and Mr. Michaud ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Wild and Scenic Rivers Act to designate segments of the York River and associated tributaries for study for potential inclusion in the National Wild and Scenic Rivers System. 1. Short title This Act may be cited as the York River Wild and Scenic River Study Act of 2013 . 2. Designation for study Section 5(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1276(a) ) is amended by adding at the end the following: (_) York River, Maine (A) The York River that flows 11.25 miles from its headwaters at York Pond to the mouth of the river at York Harbor, and all associated tributaries. (B) The study conducted under this paragraph shall— (i) determine the effect of the designation on— (I) existing commercial and recreational activities, such as hunting, fishing, trapping, recreational shooting, motor boat use, bridge construction; (II) the authorization, construction, operation, maintenance, or improvement of energy production and transmission infrastructure; and (III) the authority of State and local governments to manage those activities; and (ii) identify— (I) all authorities that will authorize or require the Secretary to influence local land use decisions (such as zoning) or place restrictions on non-Federal land if designated under this Act; (II) all authorities that the Secretary may use to condemn property; and (III) all private property located in the area studied under this paragraph. . 3. Study and report Section 5(b) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1276(b) ) is amended by adding at the end the following: (_) York River, Maine The study of the York River, Maine, named in paragraph (_) of subsection (a) shall be completed by the Secretary of the Interior and the report thereon submitted to Congress not later than 3 years after the date on which funds are made available to carry out this paragraph. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2197ih/xml/BILLS-113hr2197ih.xml

113-hr-2198

I 113th CONGRESS 1st Session H. R. 2198 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Posey introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To require State governments to submit fiscal accounting reports as a condition to the receipt of Federal financial assistance, and for other purposes. 1. Short title This Act may be cited as the National Activity Based Total Accountability Act of 2013 . 2. Findings and Purpose (a) Findings The Congress finds as follows: (1) The Federal Government sends hundreds of billions of dollars to the States each and every year. (2) In fiscal year 2010, among the money sent to the States were $348 billion for health and human services, $64 billion for transportation, $55 billion for housing and urban development, $73 billion for education, and $33 billion for agriculture. (3) States receive money from the Federal Government through grants, loans, loan guarantees, property, cooperative agreements, interest subsidies, insurance, food commodities, and direct appropriations, among others means. (4) Every State spends money for common activities such as health care, transportation, housing, education, agriculture and other issues, yet some States are more effective than others when spending these Federal taxpayer dollars. (5) Taxpayers, legislators, and agencies should be able to objectively and reliably share data comparing apples-to-apples performance measurements that identify what government does and what it really costs. (6) Activity-based total accountability will show which States are the most effective with taxpayer dollars and lead to competition among States. (7) States demonstrating that they are more efficient with tax dollars by having lower activity costs will serve as models for others to ensure that there is more accountability for how tax dollars are spent and to ensure that the taxpayer is getting the best value for their dollar. (b) Purpose The purpose of this Act is to improve the policymaking process and government accountability at the State level by requiring annual accountings from State governments in a format that uses total accountability measures, including unit-cost data. 3. State fiscal accounting reports (a) In general Not later than 15 days before the end of a Federal fiscal year, each State government that receives Federal financial assistance in that Federal fiscal year shall submit a State fiscal accounting report for the Federal fiscal year to the Director of the Office of Management and Budget (hereinafter in this Act referred to as the Director ). (b) Contents of report Each State fiscal accounting report shall include— (1) a one-page summary that lists the total funding and expenditures of each budget entity of the State government; and (2) for each budget entity of the State government, a unit-cost summary for the Federal fiscal year. (c) Publication of reports The Director shall publish each report received under this section on an Internet Web site of the Director not later than 30 days after receiving that report. 4. Standardization of State fiscal accounting reports (a) Standardization of reports The Director shall ensure that each State fiscal accounting report is in such standardized form as the Director may prescribe. Such form shall permit the comparison of the information contained in a State fiscal accounting report with the information contained in every other State fiscal accounting report. (b) Initial reports Not later than 180 days after the date of enactment of this Act, each State government that is required to submit a report under section 3 shall submit to the Director a description of the programs and other activities carried out by each budget entity of that State government over that fiscal year, including such information on those programs or activities as the Director may require. (c) Classification system Based on the descriptions submitted under subsection (b) and on what the Director determines to be the most relevant data available (including data from the most recent census), the Director shall by rule do the following: (1) Establish a uniform system for classifying such programs and activities within categories (hereinafter in this Act referred to as agency activities ) identified by the Director. (2) For each agency activity, identify conduct (hereinafter in this Act referred to as an activity unit ) that, in the determination of the Director, constitutes a completed instance of such agency activity. (3) For each agency activity, identify, to the extent practicable, performance measures for that agency activity, and, in publishing a report under section 3(c), link electronically such performance measures to that agency activity. 5. Unit-cost summary Each unit-cost summary for a budget entity of a State government shall be in such form as the Director may prescribe, be one page long, and include the following: (1) A statement of funds available, as described under section 6. (2) For each agency activity that the budget entity began, attempted, continued, or completed, a line-item listing as described under section 7. (3) A reconciliation of funds available with adjusted expenditures as described under section 8. 6. Statement of funds available (a) In general A statement of funds available shall identify— (1) in accordance with subsection (b), each source of funds available for expenditure or obligation by the budget entity and the amount of such funds; and (2) the sum of all amounts identified under paragraph (1). (b) Identification of sources In identifying the sources of funds available for expenditure or obligation by the budget entity, the budget entity shall include the following: (1) All funds made available by State appropriations laws. (2) Any Federal financial assistance provided by a Federal department or agency. (3) Any other sources the Director determines appropriate. 7. Agency activity line item listings (a) In general A line item listing for an agency activity shall— (1) identify— (A) the agency activity; (B) in accordance with subsection (b), the total amount of funds that the budget entity expended in carrying out the agency activity; (C) the number of activity units of the agency activity the budget entity began, attempted, continued, or completed; and (D) the unit-cost of the agency activity, determined in accordance with subsection (c); and (2) describe as many of the following as are relevant to the agency activity: (A) What conduct constitutes an activity unit. (B) Each purpose for which the budget entity engaged in that agency activity. (C) Each person that is an intended beneficiary of that agency activity. (b) Special rules for determination of expenditures (1) Allocation of expenditures for certain agency activities If the Director determines that there is an agency activity for which no method of measuring the accomplishment of the agency activity exists, an expenditure for that agency activity must be consistently allocated to what is, in the determination of the Director, a sufficiently similar agency activity for which such a method exists. (2) Payments to contractors or subordinate entities included An identification of the total amount of funds that a budget entity expended shall include any amounts paid to a contractor or subordinate entity. (c) Determination of unit-Cost (1) In general The unit-cost of an agency activity shall be determined in accordance with the following formula: µ UC = ————————.   φ (2) Definition of terms in formula For purposes of the formula in paragraph (1)— (A) UC is the unit-cost of the agency activity; (B) µ is the amount described in subsection (a)(1)(B); and (C) φ is the number described in subsection (a)(1)(C). 8. Reconciliation of funds available with adjusted expenditures (a) In general A reconciliation of funds available with adjusted expenditures shall— (1) identify the adjusted expenditures of the budget entity; and (2) explain any difference between the adjusted expenditures and the sum of all funds available for expenditure or obligation by the budget entity (determined in accordance with section 6). (b) Determination of adjusted expenditures (1) In general The adjusted expenditures of the budget entity shall be determined in accordance with the following formula:  AE = EXP + PT + REV. (2) Definition of terms in formula For purposes of the formula in paragraph (1)— (A) AE is the adjusted expenditures; (B) EXP is the sum of all expenditures by the budget entity for agency activities; (C) PT is the sum of all pass-throughs identified by the budget entity under subsection (c); and (D) REV is the sum of all reversions identified by the budget entity under subsection (c). (c) Identification of Pass-Throughs and Reversions A budget entity may identify an amount as a pass-through or a reversion if the amount satisfies criteria established by the Director. 9. Noncompliance If the Director determines that a State government has failed, with respect to a Federal fiscal year, to file a sufficient and timely State fiscal accounting report under this Act, the Director shall so inform the head of each Federal department or agency. Each such head shall withhold 10 percent of any Federal financial assistance provided to the State government for the next Federal fiscal year. 10. Rules The Director is authorized to make such rules as may be necessary to carry out this Act. 11. Definitions In this Act: (1) The term State government means the government of each of the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States. (2) The term budget entity means a State agency or the State judiciary. (3) The term agency activity means major operational activities carried out by a budget entity. (4) The term Federal financial assistance has the meaning given such term in section 7501 of title 31, United States Code, and also includes any other amounts that the Director determines appropriate.

https://www.govinfo.gov/content/pkg/BILLS-113hr2198ih/xml/BILLS-113hr2198ih.xml

113-hr-2199

I 113th CONGRESS 1st Session H. R. 2199 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Richmond (for himself, Ms. Waters , Mr. Alexander , Mr. Boustany , Mr. Cassidy , Mr. Scalise , and Ms. Matsui ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To delay the implementation of certain provisions of the Biggert-Waters Flood Insurance Reform Act of 2012, and for other purposes. 1. Short title This Act may be cited as the Flood Insurance Implementation Reform Act of 2013 . 2. 3-year delay in implementation of required premium adjustment upon remapping Notwithstanding any other provision of law, subsection (h) of section 1308 of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(h)), as added by section 100207 of the Biggert-Waters Flood Insurance Reform Act of 2012 ( Public Law 112–141 ; 126 Stat. 919), shall have no force or effect until the date that is 3 years after the date of the enactment of this Act. 3. 5-year delay in implementation of full actuarial rates for newly purchased properties (a) Delayed implementation Paragraph (2) of section 1307(g) of the National Flood Insurance Act of 1968 (42 U.S.C. 4014(g)(2)) is amended by inserting the expiration of the 5-year period that begins upon before the date of enactment of the Biggert-Waters Flood Insurance Reform Act of 2012 . (b) Treatment of intervening rate increases The amendment made by subsection (a) shall be construed to require that, in the case of any property purchased after the date of the enactment of the Biggert-Waters Flood Insurance Reform Act of 2012 but before the date of the enactment of this Act, any premium rate increase made with respect to such purchase pursuant to section 1307(g)(2) of the National Flood Insurance Act of 1968 be reversed. 4. Adequate progress on construction of flood protection systems Subsection (e) of section 1307 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4014(e) ) is amended by adding after the period at the end the following: Notwithstanding any other provision of law, in determining whether a community has made adequate progress on the construction, reconstruction, or improvement of a flood protection system, the Administrator shall not consider the level of Federal funding of or participation in the construction, reconstruction, or improvement. . 5. Communities restoring disaccredited flood protection systems Subsection (f) of section 1307 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4014(f) ) is amended by striking the first sentence and inserting the following: Notwithstanding any other provision of law, this subsection shall apply to riverine and coastal levees, but only in a community which has been determined by the Administrator of the Federal Emergency Management Agency to be in the process of restoring flood protection afforded by a flood protection system that had been previously accredited on a Flood Insurance Rate Map as providing 100-year frequency flood protection but no longer does so, and shall apply without regard to the level of Federal funding of or participation in the construction, reconstruction, or improvement of the flood protection system. . 6. Affordability study Section 100236 of the Biggert-Waters Flood Insurance Reform Act of 2012 ( Public Law 112–141 ; 126 Stat. 957) is amended— (1) in subsection (c), by striking Not and inserting the following: Subject to subsection (e), not ; (2) in subsection (d)— (A) by striking (d) Funding .—Notwithstanding and inserting the following: (d) Funding (1) National Flood Insurance Fund Notwithstanding ; and (B) by adding at the end the following: (2) Other funding sources To carry out this section, in addition to the amount made available under paragraph (1), the Administrator may use any other amounts that are available to the Administrator. ; and (3) by adding at the end the following new subsection: (e) Alternative If the Administrator determines that the report required under subsection (c) cannot be submitted by the date specified under subsection (c)— (1) the Administrator shall notify, not later than 60 days after the date of enactment of this subsection, the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives of an alternative method of gathering the information required under this section; (2) the Administrator shall submit, not later than 180 days after the Administrator submits the notification required under paragraph (1), to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives the information gathered using the alternative method described in paragraph (1); and (3) upon the submission of information required under paragraph (2), the requirement under subsection (c) shall be deemed satisfied. . 7. Mapping of non-structural flood mitigation features Section 100216 of the Biggert-Waters Flood Insurance Reform Act of 2012 ( 42 U.S.C. 4101b ) is amended— (1) in subsection (b)(1)(A)— (A) in clause (iv), by striking and at the end; (B) by redesignating clause (v) as clause (vi); (C) by inserting after clause (iv) the following new clause: (v) areas that are protected by non-structural flood mitigation features; and ; and (D) in clause (vi) (as so redesignated), by inserting before the semicolon at the end the following: and by non-structural flood mitigation features ; and (2) in subsection (d)(1)— (A) by redesignating subparagraphs (A) through (C) as subparagraphs (B) through (D), respectively; and (B) by inserting before subparagraph (B) (as so redesignated) the following new subparagraph: (A) work with States, local communities, and property owners to identify areas and features described in subsection (b)(1)(A)(v); .

https://www.govinfo.gov/content/pkg/BILLS-113hr2199ih/xml/BILLS-113hr2199ih.xml

113-hr-2200

I 113th CONGRESS 1st Session H. R. 2200 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Sablan (for himself, Mr. Faleomavaega , Mrs. Christensen , and Ms. Bordallo ) introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committees on Education and the Workforce , Financial Services , Transportation and Infrastructure , 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 improve the administration of programs in the insular areas, and for other purposes. 1. Short title This Act may be cited as the Territorial Omnibus Act of 2013 . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Territorial sea. Sec. 4. Adjustment of scheduled wage increases in the Commonwealth of the Northern Mariana Islands. Sec. 5. Amendments to the Consolidated Natural Resources Act. Sec. 6. Empowering insular communities. Sec. 7. Chief financial officer of the Virgin Islands. Sec. 8. Low-income home energy assistance program. Sec. 9. Castle Nugent National Historic Site Establishment. Sec. 10. St. Croix National Heritage area. Sec. 11. Guam World War II Loyalty Recognition Act. Sec. 12. Improvements in HUD assisted programs. Sec. 13. Formula for projects in American Samoa. Sec. 14. Waiver of local matching requirements. Sec. 15. Fishery endorsements. Sec. 16. Effects of Minimum Wage differentials in American Samoa. Sec. 17. American Samoa Citizenship Plebiscite Act. Sec. 18. Use of certain expenditures as in-kind contributions. 3. Territorial sea (a) In general The first section and section 2 of Public Law 93–435 ( 48 U.S.C. 1705 , 1706) are amended by inserting the Commonwealth of the Northern Mariana Islands, after Guam, each place it appears. (b) References to date of enactment For the purposes of the amendment made by subsection (a), each reference in Public Law 93–435 to the date of enactment shall be considered to be a reference to the date of the enactment of this section. 4. Adjustment of scheduled wage increases in the Commonwealth of the Northern Mariana Islands Section 8103(b)(1)(B) of the U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (as amended by section 2 of Public Law 111–244) is amended by striking 2011 and inserting 2011, 2013, and 2015 . 5. Amendments to the Consolidated Natural Resources Act Section 6 of the Joint Resolution entitled A Joint Resolution to approve the Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America , and for other purposes , approved March 24, 1976 ( Public Law 94–241 ; 90 Stat. 263), is amended— (1) in subsection (a)— (A) in paragraph (2), by inserting after subsections (b) the following: , (c), ; and (B) by striking paragraph (6), and inserting the following: (6) Certain Education Funding (A) In general In addition to fees charged pursuant to section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1356 (m)) to recover the full costs of providing adjudication services, the Secretary of Homeland Security shall charge an annual supplemental fee of $150 per nonimmigrant worker to each prospective employer who is issued a permit under subsection (d) of this section during the transition program. Such supplemental fee shall be paid into the Treasury of the Commonwealth government for the purpose of funding ongoing vocational educational curricula and program development by Commonwealth educational entities. (B) Plan for the expenditure of funds At the beginning of each fiscal year, and prior to the payment of the supplemental fee into the Treasury of the Commonwealth government in that fiscal year, the Commonwealth government must provide to the Secretary of Homeland Security, a plan for the expenditure of funds and a projection of the effectiveness of these expenditures in the placement of United States workers into jobs. (C) GAO report The Comptroller General of the United States shall report to the Congress every 2 years on the effectiveness of meeting the goals set out by the Commonwealth government in its annual plan for the expenditure of funds. ; (2) in subsection (c)— (A) in paragraph (1), by striking during the transition period, ; and (B) by adding at the end the following: (3) Duration Notwithstanding any other provision of this Act, the Secretary may classify aliens pursuant to paragraph (1) until the date on which the transition program terminates. If the transition period is extended, the Secretary may continue to classify aliens pursuant to paragraph (1) until the date on which all extensions are terminated. ; and (3) in subsection (d)(2), by striking December 31, 2014 and inserting December 31, 2019 . 6. Empowering insular communities (a) Definitions In this section: (1) Comprehensive energy plan The term comprehensive energy plan means a comprehensive energy plan prepared and updated under subsections (c) and (e) of section 604 of the Act entitled An Act to authorize appropriations for certain insular areas of the United States, and for other purposes , approved December 24, 1980 ( 48 U.S.C. 1492 ). (2) Energy action plan The term energy action plan means the plan required by subsection (d). (3) Freely associated states The term Freely Associated States means the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau. (4) Insular areas The term insular areas means American Samoa, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. (5) Secretary The term Secretary means the Secretary of the Interior. (6) Team The term team means the team established by the Secretary under subsection (b). (b) Establishment Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a team of technical, policy, and financial experts— (1) to develop an energy action plan addressing the energy needs of each of the insular areas and Freely Associated States; and (2) to assist each of the insular areas and Freely Associated States in implementing such plan. (c) Participation of regional utility organizations In establishing the team, the Secretary shall consider including regional utility organizations. (d) Energy action plan In accordance with subsection (b), the energy action plan shall include— (1) recommendations, based on the comprehensive energy plan where applicable, to— (A) reduce reliance and expenditures on imported fossil fuels; (B) develop indigenous, nonfossil fuel energy sources; and (C) improve performance of energy infrastructure and overall energy efficiency; (2) a schedule for implementation of such recommendations and identification and prioritization of specific projects; (3) a financial and engineering plan for implementing and sustaining projects; and (4) benchmarks for measuring progress toward implementation. (e) Reports to secretary Not later than 1 year after the date on which the Secretary establishes the team and annually thereafter, the team shall submit to the Secretary a report detailing progress made in fulfilling its charge and in implementing the energy action plan. (f) Annual reports to congress Not later than 30 days after the date on which the Secretary receives a report submitted by the team under subsection (e), the Secretary shall submit to the appropriate committees of Congress a summary of the report of the team. 7. Chief financial officer of the Virgin Islands (a) Referendum As part of the next regularly scheduled, islands-wide election in the Virgin Islands after the date of enactment of this Act, the Board of Elections of the Virgin Islands shall hold a referendum to seek the approval of the people of the Virgin Islands regarding whether the position of Chief Financial Officer of the Government of the Virgin Islands shall be established as a part of the executive branch of the Government of the Virgin Islands. The referendum shall be binding and conducted according to the laws of the Virgin Islands, except that the results shall be determined by a majority of the ballots cast. (b) Chief Financial Officer of the Virgin Islands (1) Appointment of Chief Financial Officer (A) In general The Governor of the Virgin Islands shall appoint a Chief Financial Officer, with the advice and consent of the Legislature of the Virgin Islands, from the names on the list required under subsection (b)(4). If the Governor has nominated a person for Chief Financial Officer but the Legislature of the Virgin Islands has not confirmed a nominee within 90 days after receiving the list pursuant to subsection (b)(4), the Governor shall appoint from such list a Chief Financial Officer on an acting basis until the Legislature consents to a Chief Financial Officer. (B) Acting Chief Financial Officer If a Chief Financial Officer has not been appointed under subparagraph (A) within 180 days after the date of the enactment of this Act, the Virgin Islands Chief Financial Officer Search Commission, by majority vote, shall appoint from the names on the list submitted under subsection (b)(4), an Acting Chief Financial Officer to serve in that capacity until a Chief Financial Officer is appointed under the first sentence of subparagraph (A). In either case, if the Acting Chief Financial Officer serves in an acting capacity for 180 consecutive days, without further action the Acting Chief Financial Officer shall become the Chief Financial Officer. (2) Duties of Chief Financial Officer The duties of the Chief Financial Officer shall include the following: (A) Develop and report on the financial status of the Government of the Virgin Islands not later than 6 months after appointment and quarterly thereafter. Such reports shall be available to the public. (B) Each year prepare and certify spending limits of the annual budget, including annual estimates of all revenues of the territory without regard to sources, and whether or not the annual budget is balanced. (C) Revise and update standards for financial management, including inventory and contracting, for the Government of the Virgin Islands in general and for each agency in conjunction with the agency head. (3) Documents provided The heads of each department of the Government of the Virgin Islands, in particular the head of the Department of Finance of the Virgin Islands and the head of the Internal Revenue Bureau of the Virgin Islands shall provide all documents and information under the jurisdiction of that head that the Chief Financial Officer considers required to carry out his or her functions to the Chief Financial Officer. (4) Conditions related to Chief Financial Officer (A) Term The Chief Financial Officer shall be appointed for a term of 5 years. (B) Removal The Chief Financial Officer shall not be removed except for cause. An Acting Chief Financial Officer may be removed for cause or by a Chief Financial Officer appointed with the advice and consent of the Legislature of the Virgin Islands. (C) Replacement If the Chief Financial Officer is unable to continue acting in that capacity due to removal, illness, death, or otherwise, another Chief Financial Officer shall be selected in accordance with paragraph (1). (D) Salary The Chief Financial Officer shall be paid at a salary to be determined by the Governor of the Virgin Islands, except such rate may not be less than the highest rate of pay for a cabinet officer of the Government of the Virgin Islands or a Chief Financial Officer serving in any government or semiautonomous agency. (c) Establishment of commission (1) Establishment There is established a commission to be known as the Virgin Islands Chief Financial Officer Search Commission . (2) Duty of commission The Commission shall recommend to the Governor not less than 3 candidates for nomination as Chief Financial Officer of the Virgin Islands. Each candidate must have demonstrated ability in general management of, knowledge of, and extensive practical experience at the highest levels of financial management in governmental or business entities and must have experience in the development, implementation, and operation of financial management systems. (3) Membership (A) Number and appointment The Commission shall be composed of 8 members appointed not later than 30 days after the date of the enactment of this Act. Persons appointed as members must have recognized business, government, or financial expertise and experience and shall be appointed as follows: (i) 1 individual appointed by the Governor of the Virgin Islands. (ii) 1 individual appointed by the President of the Legislature of the Virgin Islands. (iii) 1 individual, who is an employee of the Government of the Virgin Islands, appointed by the Central Labor Council of the Virgin Islands. (iv) 1 individual appointed by the Chamber of Commerce of St. Thomas-St. John. (v) 1 individual appointed by the Chamber of Commerce of St. Croix. (vi) 1 individual appointed by the President of the University of the Virgin Islands. (vii) 1 individual, who is a resident of St. John, appointed by the At-Large Member of the Legislature of the Virgin Islands. (viii) 1 individual appointed by the President of AARP Virgin islands. (B) Terms (i) In general Each member shall be appointed for the life of the Commission. (ii) Vacancies A vacancy in the Commission shall be filled in the manner in which the original appointment was made. Any member appointed to fill a vacancy shall be appointed for the remainder of that term. (C) Basic pay Members shall serve without pay. (D) Quorum Five members of the Commission shall constitute a quorum. (E) Chairperson The Chairperson of the Commission shall be the Chief Justice of the Supreme Court of the United States Virgin Islands or the designee of the Chief Justice. The Chairperson shall serve as an ex officio member of the Commission and shall vote only in the case of a tie. (F) Meetings The Commission shall meet at the call of the Chairperson. The Commission shall meet for the first time not later than 15 days after all members have been appointed under this subsection. (G) Government employment Members may not be current government employees, except for the member appointed under subparagraph (A)(iii). (4) Report; recommendations The Commission shall transmit a report to the Governor, the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate not later than 60 days after its first meeting. The report shall name the Commission’s recommendations for candidates for nomination as Chief Financial Officer of the Virgin Islands. (5) Termination The Commission shall terminate upon the nomination and confirmation of the Chief Financial Officer. (d) Definitions For the purposes of this section, the following definitions apply: (1) Chief Financial Officer In subsections (a) and (b), the term Chief Financial Officer means a Chief Financial Officer or Acting Chief Financial Officer, as the case may be, appointed under subsection (a)(1). (2) Commission The term Commission means the Virgin Islands Chief Financial Officer Search Commission established pursuant to subsection (b). (3) Governor The term Governor means the Governor of the Virgin Islands. (4) Removal for cause The term removal for cause means removal based upon misconduct, failure to meet job requirements, or any grounds that a reasonable person would find grounds for discharge. 8. Low-income home energy assistance program (a) In general The Secretary of Health and Human Services is authorized to make grants under section 2602 of the Low Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8621 ) to the government of Virgin Islands in an amount equal to three times the FY 2013 allotment for programs under this title. (b) Eligibility With respect to fiscal years 2013 through 2017, the percentage described in section 2605(b)(2)(B)(i) of the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8624(b)(2)(B)(i) ) shall be 300 percent when applied to households located in the Virgin Islands. 9. Castle Nugent National Historic Site Establishment (a) Definitions In this section: (1) Historic site The term historic site means the Castle Nugent National Historic Site established in subsection (b). (2) Secretary The term Secretary means the Secretary of the Interior. (b) Castle nugent national historic site (1) Establishment There is established as a unit of the National Park System the Castle Nugent National Historic Site on the Island of St. Croix, U.S. Virgin Islands, in order to preserve, protect, and interpret, for the benefit of present and future generations, a Caribbean cultural landscape that spans more than 300 years of agricultural use, significant archeological resources, mangrove forests, endangered sea turtle nesting beaches, an extensive barrier coral reef system, and other outstanding natural features. (2) Boundaries The historic site consists of the approximately 2,900 acres of land extending from Lowrys Hill and Laprey Valley to the Caribbean Sea and from Manchenil Bay to Great Pond, along with associated submerged lands to the three-mile territorial limit, as generally depicted on the map titled Castle Nugent National Historic Site Proposed Boundary Map , numbered T22/100,447, and dated October 2009. (3) Map availability The map referred to in paragraph (2) shall be on file and available for public inspection in the appropriate offices of the National Park Service, Department of the Interior. (4) Acquisition of land (A) In general Except as provided in subparagraph (B), the Secretary is authorized to acquire lands and interests in lands within the boundaries of the historic site by donation, purchase with donated funds, or exchange. (B) U.S. virgin island lands The Secretary is authorized to acquire lands and interests in lands owned by the U.S. Virgin Islands or any political subdivision thereof only by donation or exchange. (c) Administration (1) In general The Secretary shall administer the historic site in accordance with this Act and with laws generally applicable to units of the National Park System, including— (A) the National Park Service Organic Act (39 Stat. 535; 16 U.S.C. 1 et seq. ); and (B) the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq. ). (2) Shared resources To the greatest extent practicable, the Secretary shall use the resources of other sites administered by the National Park Service on the Island of St. Croix or other Federal assets on the island of St. Croix to administer the historic site. (3) Continued use In order to maintain an important feature of the cultural landscape of the historic site, the Secretary may lease to the University of the Virgin Islands certain lands within the boundary of the historic site for the purpose of continuing the university’s operation breeding Senepol cattle, a breed developed on St. Croix. A lease under this subsection shall contain such terms and conditions as the Secretary considers appropriate, including those necessary to protect the values of the historic site. (4) Management plan Not later than three years after funds are made available for this subsection, the Secretary shall prepare a general management plan for the historic site. 10. St. Croix National Heritage area (a) Definitions In this section: (1) Heritage area The term Heritage Area means the St. Croix National Heritage Area established by subsection (b)(1). (2) Local coordinating entity The term local coordinating entity means the local coordinating entity for the Heritage Area designated by subsection (b)(4). (3) Management plan The term management plan means the management plan for the Heritage Area required under subsection (d). (4) Map The term map means the map entitled Proposed St. Croix National Heritage Area and dated XXXXXXXX. (5) Secretary The term Secretary means the Secretary of the Interior. (6) State The term State means St. Croix, U.S. Virgin Islands. (b) St. croix national heritage area (1) Establishment There is established in the State the St. Croix National Heritage Area. (2) Conceptual boundaries The Heritage Area shall consist of the entire island. (3) Map A map of the Heritage Area shall be— (A) included in the management plan; and (B) on file and available for public inspection in the appropriate offices of the National Park Service. (4) Local coordinating entity (A) In general The local coordinating entity for the Heritage Area shall be known as St. Croix United for Community, Culture, Environment, and Economic Development (SUCCEED) Inc. (B) Membership requirements Membership in SUCCEED, Inc. shall be open to a broad cross-section of public, private, and non-governmental sectors including businesses, individuals, agencies, and organizations that were involved in the planning and development of the Heritage Area prior to the enactment of this Act. (c) Administration (1) Authorities For purposes of carrying out the management plan, the Secretary, acting through the local coordinating entity, may use amounts made available under this section to— (A) make grants to the State or a political subdivision of the State, nonprofit organizations, and other persons; (B) enter into cooperative agreements with, or provide technical assistance to, the State or a political subdivision of the State, nonprofit organizations, and other interested parties; (C) hire and compensate staff, which shall include individuals with expertise in natural, cultural, and historical resources protection, and heritage programming; (D) obtain money or services from any source including any that are provided under any other Federal law or program; (E) contract for goods or services; and (F) undertake to be a catalyst for any other activity that furthers the Heritage Area and is consistent with the approved management plan. (2) Duties The local coordinating entity shall— (A) in accordance with subsection (d), prepare and submit a management plan for the Heritage Area to the Secretary; (B) assist units of local government, regional planning organizations, and nonprofit organizations in carrying out the approved management plan by— (i) carrying out programs and projects that recognize, protect, and enhance important resource values in the Heritage Area; (ii) establishing and maintaining interpretive exhibits and programs in the Heritage Area; (iii) developing recreational and educational opportunities in the Heritage Area; (iv) increasing public awareness of, and appreciation for, natural, historical, scenic, and cultural resources of the Heritage Area; (v) protecting and restoring historic sites and buildings in the Heritage Area that are consistent with Heritage Area themes; (vi) ensuring that clear, consistent, and appropriate signs identifying points of public access, and sites of interest are posted throughout the Heritage Area; and (vii) promoting a wide range of partnerships among governments, organizations, and individuals to further the Heritage Area; (C) consider the interests of diverse units of government, businesses, organizations, and individuals in the Heritage Area in the preparation and implementation of the management plan; (D) conduct meetings open to the public at least semiannually regarding the development and implementation of the management plan; (E) for any year that Federal funds have been received under this section— (i) submit an annual report to the Secretary that describes the activities, expenses, and income of the local coordinating entity (including grants to any other entities during the year that the report is made); (ii) make available to the Secretary for audit all records relating to the expenditure of the funds and any matching funds; and (iii) require, with respect to all agreements authorizing expenditure of Federal funds by other organizations, that the organizations receiving the funds make available to the Secretary for audit all records concerning the expenditure of the funds; and (F) encourage by appropriate means economic viability that is consistent with the Heritage Area. (3) Prohibition on the acquisition of real property The local coordinating entity shall not use Federal funds made available under this section to acquire real property or any interest in real property. (4) Cost-sharing requirement The Federal share of the total cost of any activity under this Act shall be not more than 50 percent; the non-Federal contribution may be in the form of in-kind contributions of goods or services fairly valued. (d) Management plan (1) In general Not later than 3 years after the date of enactment of this Act, the local coordinating entity shall submit to the Secretary for approval a proposed management plan for the Heritage Area. (2) Requirements The management plan shall— (A) incorporate an integrated and cooperative approach for the protection, enhancement, and interpretation of the natural, cultural, historic, scenic, and recreational resources of the Heritage Area; (B) take into consideration State and local plans; (C) include— (i) an inventory of— (I) the resources located in the core area described in subsection (b)(2); and (II) any other property in the core area that— (aa) is related to the themes of the Heritage Area; and (bb) should be preserved, restored, managed, or maintained because of the significance of the property; (ii) describe comprehensive policies, goals, strategies and recommendations for telling the story of the heritage of the area covered by the designation and encouraging long-term resource protection, enhancement, interpretation, funding, management, and development; (iii) a description of actions that governments, private organizations, and individuals have agreed to take to protect the natural, historical and cultural resources of the Heritage Area; (iv) a program of implementation for the management plan by the local coordinating entity that includes a description of— (I) actions to facilitate ongoing collaboration among partners to promote plans for resource protection, restoration, and construction; and (II) specific commitments for implementation that have been made by the local coordinating entity or any government, organization, or individual for the first 5 years of operation; (v) the identification of sources of funding for carrying out the management plan; (vi) analysis and recommendations for means by which local, State, and Federal programs, may best be coordinated to carry out this section; and (vii) a business plan that describes the role, operation, financing, and functions of the local coordinating entity and of each of the major activities contained in the management plan and provides adequate assurances that the local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan for the National Heritage Area; and (D) recommend policies and strategies for resource management that consider and detail the application of appropriate land and water management techniques, including the development of intergovernmental and interagency cooperative agreements to protect the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area. (3) Deadline If a proposed management plan is not submitted to the Secretary by the date that is 3 years after the date of enactment of this Act, the local coordinating entity shall be ineligible to receive additional funding under this section until the date that the Secretary receives and approves the management plan. (4) Approval or disapproval of management plan (A) In general Not later than 180 days after the date of receipt of the management plan under paragraph (1), the Secretary, in consultation with the State, shall approve or disapprove the management plan. (B) Criteria for approval In determining whether to approve the management plan, the Secretary shall consider whether— (i) the local coordinating entity is representative of the diverse interests of the Heritage Area, including governments, natural and historic resource protection organizations, educational institutions, businesses, and recreational organizations; (ii) the local coordinating entity has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan; and (iii) the resource protection and interpretation strategies contained in the management plan, if implemented, would adequately protect the natural, historical, and cultural resources of the Heritage Area. (C) Action following disapproval If the Secretary disapproves the management plan under subparagraph (A), the Secretary shall— (i) advise the local coordinating entity in writing of the reasons for the disapproval; (ii) make recommendations for revisions to the management plan; and (iii) not later than 180 days after the receipt of any proposed revision of the management plan from the local coordinating entity, approve or disapprove the proposed revision. (D) Amendments (i) In general The Secretary shall approve or disapprove each amendment to the management plan that the Secretary determines make a substantial change to the management plan. (ii) Use of funds The local coordinating entity shall not use Federal funds authorized by this section to carry out any amendments to the management plan until the Secretary has approved the amendments. (e) Relationship to other federal agencies (1) In general Nothing in this section affects the authority of a Federal agency to provide technical or financial assistance under any other law. (2) Consultation and coordination The head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity to the maximum extent practicable. (3) Other federal agencies Nothing in this section— (A) modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency; (B) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or (C) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. (f) Private property and regulatory protections Nothing in this section— (1) abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area; (2) requires any property owner to permit public access (including access by Federal, State, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, or local law; (3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State, or local agency, or conveys any land use or other regulatory authority to the local coordinating entity; (4) authorizes or implies the reservation or appropriation of water or water rights; (5) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or (6) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property. (g) Evaluation; report (1) In general Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area, the Secretary shall— (A) conduct an evaluation of the accomplishments of the Heritage Area; and (B) prepare a report in accordance with paragraph (3). (2) Evaluation An evaluation conducted under paragraph (1)(A) shall— (A) assess the progress of the local coordinating entity with respect to— (i) accomplishing the purposes of this section for the Heritage Area; and (ii) achieving the goals and objectives of the approved management plan for the Heritage Area; (B) analyze the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; and (C) review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area. (3) Report (A) In general Based on the evaluation conducted under paragraph (1)(A), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area. (B) Required analysis If the report prepared under subparagraph (A) recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of— (i) ways in which Federal funding for the Heritage Area may be reduced or eliminated; and (ii) the appropriate time period necessary to achieve the recommended reduction or elimination. (C) Submission to congress On completion of the report, the Secretary shall submit the report to— (i) the Committee on Energy and Natural Resources of the Senate; and (ii) the Committee on Natural Resources of the House of Representatives. (h) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000, of which not more than $1,000,000 may be made available for any fiscal year. (i) Termination of authority The authority of the Secretary to provide assistance under this section terminates on the date that is 15 years after the date of enactment of this Act. 11. Guam World War II Loyalty Recognition Act (a) Short title This section may be cited as the Guam World War II Loyalty Recognition Act . (b) Recognition of the suffering and loyalty of the residents of Guam (1) Recognition of the Suffering of the Residents of Guam The United States recognizes that, as described by the Guam War Claims Review Commission, the residents of Guam, on account of their United States nationality, suffered unspeakable harm as a result of the occupation of Guam by Imperial Japanese military forces during World War II, by being subjected to death, rape, severe personal injury, personal injury, forced labor, forced march, or internment. (2) Recognition of the Loyalty of the Residents of Guam The United States forever will be grateful to the residents of Guam for their steadfast loyalty to the United States, as demonstrated by the countless acts of courage they performed despite the threat of death or great bodily harm they faced at the hands of the Imperial Japanese military forces that occupied Guam during World War II. (c) Guam World War II Claims Fund (1) Establishment of fund The Secretary of the Treasury shall establish in the Treasury of the United States a special fund (in this Act referred to as the Claims Fund ) for the payment of claims submitted by compensable Guam victims and survivors of compensable Guam decedents in accordance with subsections (d) and (e). (2) Composition of fund The Claims Fund established under paragraph (1) shall be composed of amounts deposited into the Claims Fund under paragraph (3) and any other amounts made available for the payment of claims under this Act. (3) Payment of certain duties, taxes, and fees collected from Guam deposited into fund (A) In general Notwithstanding section 30 of the Organic Act of Guam (48 U.S.C. 1421h), the excess of— (i) any amount of duties, taxes, and fees collected under such section after fiscal year 2012; over (ii) the amount of duties, taxes, and fees collected under such section during fiscal year 2012, shall be deposited into the Claims Fund. (B) Application Subparagraph (A) shall not apply after the date for which the Secretary of the Treasury determines that all payments required to be made under subsection (d) have been made. (4) Limitation on payments made from fund (A) In general No payment may be made in a fiscal year under subsection (d) until funds are deposited into the Claims Fund in such fiscal year under paragraph (3). (B) Amounts For each fiscal year in which funds are deposited into the Claims Fund under paragraph (3), the total amount of payments made in a fiscal year under subsection (d) may not exceed the amount of funds available in the Claims Fund for such fiscal year. (5) Deductions from fund for administrative expenses The Secretary of the Treasury shall deduct from any amounts deposited into the Claims Fund an amount equal to 5 percent of such amounts as reimbursement to the Federal Government for expenses incurred by the Foreign Claims Settlement Commission and by the Department of the Treasury in the administration of this Act. The amounts so deducted shall be covered into the Treasury as miscellaneous receipts. (d) Payments for Guam World War II claims (1) Payments for Death, Personal Injury, Forced Labor, Forced March, and Internment After the Secretary of the Treasury receives the certification from the Chairman of the Foreign Claims Settlement Commission as required under subsection (e)(2)(H), the Secretary of the Treasury shall make payments to compensable Guam victims and survivors of compensable Guam decedents as follows: (A) Compensable Guam victim Before making any payments under subparagraph (B), the Secretary shall make payments to compensable Guam victims as follows: (i) In the case of a victim who has suffered an injury described in paragraph (3)(B)(i), $15,000. (ii) In the case of a victim who is not described in subparagraph (A), but who has suffered an injury described in paragraph (3)(B)(ii), $12,000. (iii) In the case of a victim who is not described in subparagraph (A) or (B), but who has suffered an injury described in paragraph (3)(B)(iii), $10,000. (B) Survivors of compensable Guam decedents In the case of a compensable Guam decedent, the Secretary shall pay $25,000 for distribution to survivors of the decedent in accordance with paragraph (2). The Secretary shall make payments under this subparagraph only after all payments are made under subparagraph (A). (2) Distribution of Survivor Payments A payment made under paragraph (1)(B) to the survivors of a compensable Guam decedent shall be distributed as follows: (A) In the case of a decedent whose spouse is living as of the date of the enactment of this Act, but who had no living children as of such date, the payment shall be made to such spouse. (B) In the case of a decedent whose spouse is living as of the date of the enactment of this Act and who had one or more living children as of such date, 50 percent of the payment shall be made to the spouse and 50 percent shall be made to such children, to be divided among such children to the greatest extent possible into equal shares. (C) In the case of a decedent whose spouse is not living as of the date of the enactment of this Act and who had one or more living children as of such date, the payment shall be made to such children, to be divided among such children to the greatest extent possible into equal shares. (D) In the case of a decedent whose spouse is not living as of the date of the enactment of this Act and who had no living children as of such date, but who— (i) had a parent who is living as of such date, the payment shall be made to the parent; or (ii) had two parents who are living as of such date, the payment shall be divided equally between the parents. (E) In the case of a decedent whose spouse is not living as of the date of the enactment of this Act, who had no living children as of such date, and who had no parents who are living as of such date, no payment shall be made. (3) Definitions For purposes of this Act: (A) Compensable Guam decedent The term compensable Guam decedent means an individual determined under subsection (e) to have been a resident of Guam who died as a result of the attack and occupation of Guam by Imperial Japanese military forces during World War II, or incident to the liberation of Guam by United States military forces, and whose death would have been compensable under the Guam Meritorious Claims Act of 1945 ( Public Law 79–224 ) if a timely claim had been filed under the terms of such Act. (B) Compensable Guam victim The term compensable Guam victim means an individual who is not deceased as of the date of the enactment of this Act and who is determined under subsection (e) to have suffered, as a result of the attack and occupation of Guam by Imperial Japanese military forces during World War II, or incident to the liberation of Guam by United States military forces, any of the following: (i) Rape or severe personal injury (such as loss of a limb, dismemberment, or paralysis). (ii) Forced labor or a personal injury not under clause (i) (such as disfigurement, scarring, or burns). (iii) Forced march, internment, or hiding to evade internment. (C) Definitions of severe personal injuries and personal injuries Not later than 180 days after the date of the enactment of this Act, the Foreign Claims Settlement Commission shall promulgate regulations to specify the injuries that constitute a severe personal injury or a personal injury for purposes of clauses (i) and (ii), respectively, of subparagraph (B). (e) Adjudication (1) Authority of Foreign Claims Settlement Commission (A) In general The Foreign Claims Settlement Commission shall adjudicate claims and determine the eligibility of individuals for payments under subsection (d). (B) Rules and regulations Not later than 180 days after the date of the enactment of this Act, the Chairman of the Foreign Claims Settlement Commission shall publish in the Federal Register such rules and regulations as may be necessary to enable the Commission to carry out the functions of the Commission under this Act. (2) Claims Submitted for Payments (A) Submittal of claim For purposes of paragraph (1)(A) and subject to subparagraph (B), the Foreign Claims Settlement Commission may not determine an individual is eligible for a payment under subsection (d) unless the individual submits to the Commission a claim in such manner and form and containing such information as the Commission specifies. (B) Filing period for claims and notice (i) Filing period An individual filing a claim for a payment under subsection (d) shall file such claim not later than one year after the date on which the Foreign Claims Settlement Commission publishes the notice described in clause (ii). (ii) Notice of filing period Not later than 180 days after the date of the enactment of this Act, the Foreign Claims Settlement Commission shall publish a notice of the deadline for filing a claim described in clause (i)— (I) in the Federal Register; and (II) in newspaper, radio, and television media in Guam. (C) Adjudicatory decisions The decision of the Foreign Claims Settlement Commission on each claim filed under this Act shall— (i) be by majority vote; (ii) be in writing; (iii) state the reasons for the approval or denial of the claim; and (iv) if approved, state the amount of the payment awarded and the distribution, if any, to be made of the payment. (D) Deductions in payment The Foreign Claims Settlement Commission shall deduct, from a payment made to a compensable Guam victim or survivors of a compensable Guam decedent under this subsection, amounts paid to such victim or survivors under the Guam Meritorious Claims Act of 1945 ( Public Law 79–224 ) before the date of the enactment of this Act. (E) Interest No interest shall be paid on payments made by the Foreign Claims Settlement Commission under subsection (d). (F) Limited compensation for provision of representational services (i) Limit on compensation Any agreement under which an individual who provided representational services to an individual who filed a claim for a payment under this Act that provides for compensation to the individual who provided such services in an amount that is more than one percent of the total amount of such payment shall be unlawful and void. (ii) Penalties Whoever demands or receives any compensation in excess of the amount allowed under clause (i) shall be fined not more than $5,000 or imprisoned not more than one year, or both. (G) Appeals and finality Objections and appeals of decisions of the Foreign Claims Settlement Commission shall be to the Commission, and upon rehearing, the decision in each claim shall be final, and not subject to further review by any court or agency. (H) Certifications for payment After a decision approving a claim becomes final, the Chairman of the Foreign Claims Settlement Commission shall certify such decision to the Secretary of the Treasury for authorization of a payment under subsection (d). (I) Treatment of affidavits For purposes of subsection (d) and subject to subparagraph (B), the Foreign Claims Settlement Commission shall treat a claim that is accompanied by an affidavit of an individual that attests to all of the material facts required for establishing the eligibility of such individual for payment under such subsection as establishing a prima facie case of the eligibility of the individual for such payment without the need for further documentation, except as the Commission may otherwise require. Such material facts shall include, with respect to a claim for a payment made under subsection (d)(1), a detailed description of the injury or other circumstance supporting the claim involved, including the level of payment sought. (J) Release of related claims Acceptance of a payment under subsection (d) by an individual for a claim related to a compensable Guam decedent or a compensable Guam victim shall be in full satisfaction of all claims related to such decedent or victim, respectively, arising under the Guam Meritorious Claims Act of 1945 ( Public Law 79–224 ), the implementing regulations issued by the United States Navy pursuant to such Act ( Public Law 79–224 ), or this Act. 12. Improvements in HUD assisted programs Section 214(a)(7) of the Housing and Community Development Act of 1980 (42 U.S.C. 1436a(a)(7)) is amended by striking such alien and all that follows through the period at the end and inserting any citizen or national of the United States shall be entitled to a preference or priority in receiving financial assistance before any such alien who is otherwise eligible for such assistance. . 13. Formula for projects in American Samoa (a) Study The Comptroller General of the United States shall conduct a study regarding the use of benefit-to-cost ratio formulas by Federal departments and agencies for purposes of evaluating projects in American Samoa. (b) Contents In conducting the study, the Comptroller General shall— (1) assess whether the benefit-to-cost ratio formulas described in subsection (a) take into consideration— (A) the remote locations in, and the cost of transportation to and from, American Samoa; and (B) other significant factors that are not comparable to locations within the 48 contiguous States; and (2) assess, in particular, the use of benefit-to-cost ratio formulas by— (A) the Secretary of Transportation with respect to airport traffic control tower programs; and (B) the Secretary of the Army, acting through the Corps of Engineers, with respect to a harbor project or other water resources development project. (c) Report to Congress Not later than 90 days after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on the results of the study. 14. Waiver of local matching requirements (a) Waiver of certain matching requirements Section 501 of the Act entitled An Act to authorize certain appropriations for the territories of the United States, to amend certain Acts relating thereto, and for other purposes , approved October 15, 1977 ( 48 U.S.C. 1469a ; 91 Stat. 1164) is amended— (1) in the last sentence of subsection (d), by striking by law ; and (2) by adding at the end the following new subsection: (e) Notwithstanding any other provision of law, in the case of American Samoa, Guam, the Virgin Islands, and the Northern Mariana Islands, each department or agency of the United States shall waive any requirement for local matching funds (including in-kind contributions) that the insular area would otherwise be required to provide for any grant as follows: (1) For a grant requiring matching funds (including in-kind contributions) of $500,000 or less, the entire matching requirement shall be waived. (2) For a grant requiring matching funds (including in-kind contributions) of more than $500,000, $500,000 of the matching requirement shall be waived. . (b) Conforming amendment Section 601 of the Act entitled An Act to authorize appropriations for certain insular areas of the United States, and for other purposes , approved March 12, 1980 ( 48 U.S.C. 1469a note; 94 Stat. 90), is amended by striking , and adding the following sentence and all that follows through Islands’. . 15. Fishery endorsements Section 12113 of title 46, United States Code, is amended by adding at the end the following: (j) Certain exemption Paragraph (3) of subsection (a) shall not apply to any vessel that— (1) offloads in American Samoa; and (2) was rebuilt outside of the United States before January 1, 2011. . 16. Effects of Minimum Wage differentials in American Samoa Section 8104 of the Fair Minimum Wage Act of 2007 ( 29 U.S.C. 206 note) is amended by adding at the end the following: (c) Effects of Minimum Wage differentials in American Samoa The reports required under this section shall include an analysis of the economic effects on employees and employers of the differentials in minimum wage rates among industries and classifications in American Samoa under section 697 of title 29, Code of Federal Regulations, including the potential effects of eliminating such differentials prior to the time when such rates are scheduled to be equal to the minimum wage set forth in section 6(a)(1) of the Fair Labor Standards Act (29 U.S.C. 206(a)(1)). . 17. American Samoa Citizenship Plebiscite Act (a) Short title This section may be cited as the American Samoa Citizenship Plebiscite Act . (b) Findings and purpose (1) Findings Congress finds the following: (A) Under the Immigration and Nationality Act, persons born in Puerto Rico, Guam, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands are citizens of the United States at birth. Persons born in the United States territory of American Samoa are nationals of the United States, but not citizens, at birth. (B) The term national of the United States is defined under the Immigration and Nationality Act to include persons who, though not citizens of the United States, owe permanent allegiance to the United States. (C) For more than 100 years, American Samoans who are United States nationals have demonstrated their loyalty and allegiance to the United States. On April 17, 1900, the village chiefs of Tutuila and Aunu’u ceded their islands to the United States. On July 16, 1904, his Majesty King Tuimanu’a of the Manu’a Islands and his village chiefs did the same. On February 20, 1929, the United States Congress officially ratified the Treaty of Cession of Tutuila and Aunu’u and the Treaty of Cession of Manu’a. On March 4, 1925, by Joint Resolution of the United States Congress, American sovereignty was officially extended over Swains Island and it was placed under the jurisdiction of the government of American Samoa. (D) Since ratification of the Treaties of Cession, many American Samoans who are United States nationals have joined the United States Armed Forces and fought for the United States during World War II, the Korean, Vietnam, and Persian Gulf wars, and most recently in Iraq and Afghanistan. (E) It is the responsibility of the Secretary of Interior to advance the economic, social and political development of the territories of the United States. (2) Purpose The purpose of this section is to provide for a federally authorized vote in American Samoa on the question of citizenship and if a majority of voters vote for citizenship, to describe the steps that the President and Congress shall take to enable American Samoans to be granted citizenship. (c) Citizenship vote The Secretary of Interior shall direct the American Samoa Election Office to conduct a plebiscite on the issue of whether persons born in American Samoa desire United States citizenship. As United States Citizens: (A) Individuals born in American Samoa would be United States citizens by Federal law. (B) All persons living in American Samoa who are United States nationals will become United States citizens. Persons born in American Samoa will no longer be United States nationals. Do you want persons born in American Samoa to become United States citizens? Yes __ No__? . 18. Use of certain expenditures as in-kind contributions (a) In general Except as provided under subsection (c), local matching requirements required of an affected jurisdiction for Federal programs may be paid in cash or in-kind services provided by the affected jurisdiction pursuant to the following: (1) Section 311 of the Compact of Free Association between the Government of the United States and the Government of the Federated States of Micronesia, approved in the Compact of Free Association Amendments Act of 2003 ( Public Law 108–188 ; 117 Stat. 2781). (2) Section 311 of the Compact of Free Association between the Government of the United States and the Government of the Republic of the Marshall Islands, approved in the Compact of Free Association Amendments Act of 2003 ( Public Law 108–188 ; 117 Stat. 2781). (3) The Compact of Free Association between the Government of the United States and the Government of the Republic of Palau, approved in the Palau Compact of Free Association Act ( Public Law 99–658 ; 100 Stat. 3672). (b) Determination of amounts To be considered in-Kind contributions The Secretary of the Interior shall determine the amounts that may be considered in-kind contributions for an affected jurisdiction under this section based on a reasonable estimate of the amount of impact expenditures for the Freely Associated States divided by a reasonable estimate of the number of inhabitants from the Freely Associated States living in that affected jurisdiction. (c) Competitive grants Local matching requirements required of an affected jurisdiction for Federal competitive grant programs may not be paid in cash or in-kind services under this section. (d) Affected jurisdictions The term affected jurisdiction shall have the meaning give that term in section 104(e) of Public Law 108–188 . (117 Stat. 2739).

https://www.govinfo.gov/content/pkg/BILLS-113hr2200ih/xml/BILLS-113hr2200ih.xml

113-hr-2201

I 113th CONGRESS 1st Session H. R. 2201 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Smith of Washington (for himself, Mr. Grijalva , Mr. Larsen of Washington , Mr. Waxman , Mr. Schiff , Mr. Moran , Ms. Lee of California , Mr. McDermott , and Ms. DelBene ) introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committee on Agriculture , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To authorize voluntary grazing permit retirement on Federal lands managed by the Department of Agriculture or the Department of the Interior where livestock grazing is impractical, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Rural Economic Vitalization Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. Rural vitalization program. Sec. 5. Effect of waiver of grazing permit or lease. 2. Findings Congress finds the following: (1) The use of Federal lands by grazing permittees and lessees for commercial livestock grazing is increasingly difficult due to growing conflicts with other legitimate multiple uses of the lands, such as environmental protection and burgeoning recreational use, and with congressionally mandated goals of wildlife and habitat protection and improved water quality and quantity. (2) A combination of sustained drought, foreign competition, changing domestic markets, industry restructuring, and individual ranch finances has resulted in Federal grazing permits and leases becoming stranded investments for many permittees and lessees. (3) Attempts to resolve grazing conflicts with other multiple uses often require extensive range developments, intensive herd management, and continuous monitoring that greatly increases costs to both permittees and lessees and taxpayers, far out of proportion to the benefit received. (4) Certain grazing allotments on Federal lands have, or are likely to become, unsuitable for commercial livestock production as a result of the combined effect of the factors referred to in paragraphs (1) through (3) and other factors. (5) The cost of the Federal grazing program greatly exceeds revenues to the Federal treasury from grazing receipts. (6) Many permittees and lessees have indicated their willingness to end their commercial livestock grazing on Federal lands in exchange for compensation to reasonably compensate them for the effort and investment that they have made in a grazing allotment. (7) Compensating permittees and lessees who relinquish their grazing permit or lease would help recapitalize an ailing sector of rural America by providing economic options to permittees and lessees that do not presently exist by allowing them to restructure their ranch operations, start new businesses, or retire with security. (8) Paying reasonable compensation for the relinquishment of a grazing permit or lease will help alleviate the need for permittees and lessees to sell or subdivide their private lands. 3. Definitions In this Act: (1) Commercial livestock grazing The term commercial livestock grazing means the grazing of domestic livestock on Federal lands as authorized by a grazing permit or lease. The term does not include beasts of burden used for recreational purposes. (2) Grazing allotment The term grazing allotment means the designated portion of Federal land upon which domestic livestock are permitted to graze by a grazing permit or lease. (3) Grazing permit; lease The terms grazing permit or lease and grazing permit and lease mean any document authorizing the use of Federal lands for the purpose of commercial livestock grazing. (4) Permittee; lessee The terms permittee or lessee and permittee and lessee mean a livestock operator that holds a valid existing grazing permit or lease. (5) Range developments The term range developments means structures, fences, and other permanent fixtures placed on Federal lands for the furtherance of the purpose of grazing domestic livestock. The term does not include rolling stock, livestock and diversions of water from Federal lands onto non-Federal lands. (6) Secretaries The term Secretaries refers to the Secretary of Agriculture and the Secretary of Interior. (7) Secretary The term Secretary means the Secretary of Agriculture or the Secretary of the Interior, as appropriate to the administration of a grazing permit or lease. 4. Rural vitalization program (a) Waiver of Grazing Permit or Lease (1) Acceptance by secretary Subject to the limitation set forth in subsection (c), the Secretary shall accept any grazing permit or lease that is waived by a grazing permittee or lessee. (2) Termination The Secretary shall terminate any grazing permit or lease acquired under paragraph (1). (3) No new grazing permit or lease With respect to each grazing lease or grazing permit waived under paragraph (1), the Secretary shall— (A) not issue any new grazing permit or lease within the grazing allotment covered by the grazing permit or lease; and (B) ensure a permanent end to livestock grazing on the grazing allotment covered by the grazing permit or lease. (b) Waiver of Grazing Permit or Lease on Common Allotments (1) In general If a grazing allotment covered by a grazing permit or lease that is waived under subsection (a) is also covered by another grazing permit or lease that is not waived, the Secretary shall reduce the level of commercial livestock grazing on the grazing allotment to reflect the waiver. (2) Authorized level To ensure that there is a permanent reduction in the level of livestock grazing on the land covered by the grazing permit or lease waived under subsection (a), the Secretary shall not allow grazing to exceed the level established under paragraph (1). (c) Limitation The Secretaries shall accept not more than 100 grazing permits and leases, in the aggregate, per year under this section on a first come, first served basis. 5. Effect of waiver of grazing permit or lease (a) Effect on range developments A permittee or lessee who waives a grazing permit or lease to the Secretary under section 4 shall be deemed to have waived any claim to all range developments on the associated grazing allotment, notwithstanding any other provision of law. (b) Securing retired allotments against unauthorized use The Secretary shall ensure that grazing allotments retired from grazing under this Act are rendered reasonably secure from trespass grazing by domestic livestock. (c) Relation to other authority Nothing in this Act shall be construed to affect the Secretary’s authority to modify or terminate grazing permits or leases in accordance with other law. (d) Relation to valid existing rights Nothing in this Act affects the allocation, ownership, interest, or control, in existence on the date of the enactment of this Act, of any water, water right, or any other valid existing right held by the United States, Indian tribe, State, county, municipality or private individual, partnership or corporation.

https://www.govinfo.gov/content/pkg/BILLS-113hr2201ih/xml/BILLS-113hr2201ih.xml

113-hr-2202

I 113th CONGRESS 1st Session H. R. 2202 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Thornberry (for himself, Mr. Larson of Connecticut , and Mr. Matheson ) 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 the equalization of the excise tax on liquefied natural gas and per energy equivalent of diesel. 1. Short title This Act may be cited as the LNG Excise Tax Equalization Act of 2013 . 2. Findings The Congress finds the following: (1) Liquefied natural gas has an energy content of 74,700 Btu per gallon (lower heating value). (2) Diesel has an energy content of 128,700 Btu per gallon (lower heating value). (3) A gallon of liquefied natural gas only produces 58.04 percent of the energy produced from a gallon of diesel; however, the Federal excise taxes on liquefied natural gas and diesel are both 24.3 cents per gallon. (4) The Federal excise tax on compressed natural gas is 18.3 cents per energy equivalent of a gallon of gasoline. 3. 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.

https://www.govinfo.gov/content/pkg/BILLS-113hr2202ih/xml/BILLS-113hr2202ih.xml

113-hr-2203

I 113th CONGRESS 1st Session H. R. 2203 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Tiberi (for himself and Mr. Rooney ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To provide for the award of a gold medal on behalf of Congress to Jack Nicklaus, in recognition of his service to the Nation in promoting excellence, good sportsmanship, and philanthropy. 1. Findings Congress finds the following: (1) Jack Nicklaus is a world-famous golf professional, a highly successful business executive, a prominent advertising spokesman, a passionate and dedicated philanthropist, a devoted husband, father, and grandfather, and a man with a common touch that has made him one of the most popular and accessible public figures in history. (2) Jack Nicklaus amassed 120 victories in professional competition of national or international stature, 73 of which came on the Professional Golf Association (in this Act referred to as the PGA ) Tour, and professional major-championship titles. His record 18 professional majors, the first of which he won 50 years ago with his win at the 1962 U.S. Open as a 22-year-old rookie, remains the standard by which all golfers are measured. He is the only player in golf history to have won each major championship at least three times, and is the only player to complete a career Grand Slam on both the regular and senior tours. He also owns the record for most major championships as a senior, with eight. (3) Jack Nicklaus’ magnetic personality and unfailing sense of kindness and thoughtfulness have endeared him to millions throughout the world. (4) Jack Nicklaus has been the recipient of countless athletic honors, including being named Individual Male Athlete of the Century by Sports Illustrated, one of the 10 Greatest Athletes of the Century by ESPN, and Golfer of the Century or Golfer of the Millennium by every major national and international media outlet. He received the Muhammad Ali Sports Legend Award and the first-ever ESPY Lifetime Achievement Award. He became the first golfer and only the third athlete to receive the Vince Lombardi Award of Excellence, and is also a five-time winner of the PGA Player of the Year Award. He was inducted into the World Golf Hall of Fame at the age of 34. (5) Jack Nicklaus has received numerous honors outside of the world of sports, including several golf industry awards for his work and contributions as a golf course designer, such as the Old Tom Morris Award, which is the highest honor given by the Golf Course Superintendents Association of America, and both the Donald Ross Award given by the American Society of Golf Course Architects and the Don A. Rossi Award given by the Golf Course Builders Association of America. Golf Inc. Magazine named him the Most Powerful Person in Golf for a record six consecutive years, due to his impact on various aspects of the industry through his course design work, marketing and licensing business, his ambassadorial role in promoting and growing the game of golf worldwide, and his involvement on a national and global level with various charitable causes. (6) Jack Nicklaus has been involved in the design of more than 290 golf courses worldwide, and his business, Nicklaus Design, has close to 380 courses open for play in 36 countries and 39 States. (7) Jack Nicklaus served as the Global Ambassador for a campaign to include golf in the Olympic Games, which was achieved and will begin in the 2016 Olympic program. (8) Jack Nicklaus was honored by President George W. Bush in 2005 by receiving the Presidential Medal of Freedom, the highest honor given to any United States civilian. (9) Jack Nicklaus has a long-standing commitment to numerous charitable causes, such as his founding, along with wife Barbara, of the Nicklaus Children’s Health Care Foundation, which provides pediatric health care services throughout South Florida and in other parts of the country. The Foundation has raised close to $24,000,000 since it was formed in 2004, and has provided health assistance and services to more than 4,000 children and their families through— (A) Child Life programs (supporting therapeutic interventions for children with chronic and acute conditions during hospitalization); (B) Miami Children’s Hospital Nicklaus Care Centers (to offer a new option to Palm Beach County-area families with children who require pediatric specialty care); and (C) Safe Kids Program (aimed at keeping children injury-free and offering safety education in an effort to decrease accidental injuries in children). (10) In October 2012, the Miami Children’s Hospital Nicklaus Outpatient Center was opened to provide pediatric urgent care, diagnostic services, and rehabilitation services in Palm Beach County. (11) Jack Nicklaus also established an annual pro-am golf tournament called The Jake to honor his 17-month-old grandson who passed away in 2005, and it serves as a primary fundraiser for the Nicklaus Children’s Health Care Foundation. The event alone has raised well over $43,000,000 over the last several years. (12) Nicklaus has been a tireless supporter of numerous junior golf initiatives, working with the PGA of America Junior Golf Foundation over the course of four decades, including the establishment of the Barbara and Jack Nicklaus Junior Golf Endowment Fund and the PGA-Nicklaus First Tee Teaching Grants. He also is a spokesperson for several PGA of America and USGA growth-of-the-game initiatives. He continues to support several scholarship foundations, other children’s hospitals, and other causes, including spinal-cord research, pancreatic cancer issues, and Florida Everglades restoration. (13) In 2013, Jack Nicklaus, with the support of the National Park and Recreation Association (NRPA), launched the Jack Nicklaus Learning Leagues, taking team-concept golf to our parks system for children, ages 5 to 12. A non-profit foundation called Global Outreach for Learning Foundation (GOLF) was created to underwrite the program. By the end of 2013, they hope to have the program in more than 100 locations and reach close to 25,000 children. (14) Jack Nicklaus continues to manage the Memorial Tournament in his home State of Ohio, in which contributions generated through the aid of over 2,600 volunteers are given to support Nationwide Children’s Hospital and close to 75 other Central Ohio charities. This has garnered more than $5,700,000 for programs and services at Nationwide Children’s Hospital since 1976, so that Central Ohio will continue to have one of the best children’s hospitals in the United States. (15) Jack Nicklaus serves as an honorary chairs of the American Lake Veterans Golf Course in Tacoma, Washington, which neighbors a Veterans Administration hospital and is designed for the rehabilitation of wounded and disabled veterans. Nicklaus has donated his design services for the improvement of the course, and raised contributions for the addition of nine new holes (the Nicklaus Nine ), the construction of the Rehabilitation and Learning Center, and the upgrade of the maintenance facilities. The course is considered the only one in the United States designed solely for the use of disabled veterans. It served over 30,000 veterans and their families in 2011 to use the healing powers of golf to help them rehabilitate and recreate. The hope is that American Lake will serve as a pilot program for the more than 150 Veterans Administration hospitals nationwide. (16) Jack Nicklaus serves as a spokesperson and Trustee for the First Tee program, which brings golf to children who would not otherwise be exposed to it, and teaches them valuable, character-building life lessons through the game of golf, and is a national co-chair of the organization’s More Than a Game campaign. (17) Jack Nicklaus remains active in tournament golf, although he retired from major championship competition in 2005, when he played his final British Open and his final Masters Tournament, and led the United States to a thrilling victory in the President's Cup. He consults often with the PGA Tour, and no fewer than 95 Nicklaus courses have hosted a combined total of almost 700 professional tournaments. In 2013 alone, Nicklaus courses will host 17 PGA Tour-sanctioned events. His Muirfield Village Golf Club in Ohio will be hosting the Presidents Cup in October 2013, making it the only club in history to have hosted all three of the game’s most prominent international team competitions—the Ryder Cup, Solheim Cup and Presidents Cup. It is also expected that his course at the Jack Nicklaus Golf Club Korea in New Songdo City, South Korea, will be named the host venue for the 2015 Presidents Cup—the first time that country has hosted an international team competition of this stature 2. Congressional gold medal (a) Authorization The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design to Jack Nicklaus in recognition of his service to the Nation in promoting excellence and good sportsmanship. (b) Design and striking For the purpose of the presentation referred to in subsection (a), the Secretary of the Treasury shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. 3. Duplicate medals Under such regulations as the Secretary of the Treasury may prescribe, the Secretary may strike duplicate medals in bronze of the gold medal struck pursuant to section 2 and sell such duplicate medals at a price sufficient to cover the costs of the duplicate medals (including labor, materials, dies, use of machinery, overhead expenses) and the cost of the gold medal. 4. National medals The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. 5. Funding (a) Authorization of appropriations There is authorized to be charged against the United States Mint Public Enterprise Fund an amount not to exceed $30,000 to pay for the cost of the medals authorized by this Act. (b) Proceeds of sale Amounts received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund.

https://www.govinfo.gov/content/pkg/BILLS-113hr2203ih/xml/BILLS-113hr2203ih.xml

113-hr-2204

I 113th CONGRESS 1st Session H. R. 2204 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Ms. Tsongas 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 authorize the Secretary of Labor to award grants for the employment of individuals in targeted communities to perform work for the benefit of such communities. 1. Short title This Act may be cited as the Helping Individuals Return to Employment Act or the HIRE Act . 2. Community employment grants (a) Grants authorized The Secretary of Labor is authorized to award competitive grants for the hiring of unemployed individuals to perform work to benefit communities, under terms and conditions set forth in this section. (b) Eligible entities Grants under this section may be awarded to any of the following entities in the areas described in subsection (c): (1) Units of local government. (2) Workforce investment boards, established pursuant to section 117 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2832 ). (3) Non-profit organizations described in section 501(c)(3) of the Internal Revenue Code of 1986 ( 26 U.S.C. 501(c)(3) ). (c) Targeted communities Grants under this section may be awarded to eligible entities located in or primarily serving in one of the following areas, if the unemployment rate in such area is higher than 7 percent during the 3-month period preceding the award of the grant: (1) A renewal community with respect to which a designation was in effect under section 1400E(a) of the Internal Revenue Code of 1986 ( 26 U.S.C. 1400E(a) ) on December 31, 2009. (2) An empowerment zone designated under section 1391 of such Code. (3) A historically underutilized business zone designated under section 3(p)(1) of the Small Business Act (15 U.S.C. 632(p)(1)). (d) Individuals eligible for employment Grants awarded under this section shall be used to hire unemployed individuals residing in the areas described in subsection (c), including individuals age 16 and older, with priority going to individuals who have been unemployed for more than a year. (e) Limitations (1) Union consultation No individual whose employment is funded under a grant authorized under this Act may work for an employer at which a collective bargaining agreement is in effect covering the same or similar work, unless— (A) the consent of the labor organization at such employer is obtained; and (B) negotiations have taken place between such labor organization and the employer as to the terms and conditions of such employment. (2) Nondisplacement An individual whose employment is funded under this Act may not displace other employees whose employment is not funded under this Act. A grant recipient under this Act may not hire an employee or employees with funds under this Act for any employment which the grant recipient would otherwise hire an employee who has been furloughed. (f) Effect on unemployment compensation The amount of any unemployment compensation payable to an individual employed under a grant established by this Act is a pro rata portion of the unemployment compensation which would otherwise be payable to the employee if such employee were totally unemployed. (g) Consultation requirement An eligible entity that receives a grant under this Act shall consult with community leaders, including small business owners, labor organizations, and local residents to assess the needs of the community to determine the qualifying activities for which individuals will be hired. (h) Qualifying activities Individuals hired using grant funds awarded under this section shall be employed for a minimum of 20 hours per week only in activities that benefit the community in the areas described in subsection (c), including activities such as public works, beautification, historic restoration, tutoring, and adult education. In addition, where an eligible entity determines appropriate, a portion of the grant funds may be used to ensure the safety of employees hired under the grant and provide necessary job training. (i) Federal share Funds awarded under this section shall supplement, not supplant, funds of the eligible entity that are used for such purposes. (j) Application Eligible entities seeking a grant under this section shall submit an application to the Secretary at such time, in such form, and containing such information and assurances as the Secretary may require. (k) Required deadline for hiring An eligible entity receiving a grant under this section shall— (1) determine the number of individuals that may be hired for a 3-year period using both grant funds and local funds available for such purpose; and (2) hire such individuals within 60 days after receiving a grant. (l) Regulations The Secretary of Labor may promulgate regulations necessary to implement the grant program authorized by this Act, including any necessary regulations necessary to apply wage and labor protections to individuals employed under a grant. (m) Authorization of Appropriations There is authorized to be appropriated to the Secretary of Labor such sums as may be necessary to carry out this section.

https://www.govinfo.gov/content/pkg/BILLS-113hr2204ih/xml/BILLS-113hr2204ih.xml

113-hr-2205

I 113th CONGRESS 1st Session H. R. 2205 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Ms. Tsongas (for herself, Mr. McGovern , and Ms. Norton ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Natural Resources and Financial Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To authorize the Secretary of the Interior, in consultation with the Groundwork USA national office, to provide grants to certain nonprofit organizations. 1. Short title This Act may be cited as the Groundwork USA Trust Act of 2013 . 2. Findings Congress finds that— (1) locally organized and controlled entities that are linked together through a national program office have the ability to lead cost-effective projects and programs that are responsive to community needs and essential to improving the local environment, economy, and quality of life; (2) local community involvement with how land is being used is an essential component to the economic success of a neighborhood; (3) underutilized and neglected vacant lands significantly erode nearby property values and burden municipal tax bases; (4) landscaping and maintenance, especially when local citizens are involved in the process, decreases negative stigma and generates civic pride, which in turn significantly reduces vandalism and illicit activities typically associated with idle lands; (5) cleaning, landscaping, and tree planting within vacant and abandoned land and brownfields adds economic value to a community through increased occupancy rates, and improved sales appeal of nearby residential and commercial real estate; and (6) the transformation of idle lands and brownfields into cleaner, greener, community assets has been exemplified by a network of federally backed Groundwork USA Trusts for over 8 years. 3. Definitions In this Act: (1) Brownfields The term brownfields means real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant. (2) Eligible organization The term eligible organization means a— (A) nonprofit organization that applies for a grant award under section 4(b) to establish a Groundwork USA Trust; and (B) Groundwork USA Trust. (3) Groundwork USA national office The term Groundwork USA national office means the independent, nonprofit, environmental business incorporated under the laws of the State of New York, which overseas and creates a link between local Groundwork USA Trust offices. (4) Groundwork USA trust The term Groundwork USA Trust means an independent, nonprofit, environmental organization that works with communities to improve their environment, economy, and quality of life through local action. (5) Nonprofit organization The term nonprofit organization means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from tax under section 501(a) of such Code. (6) Secretary The term Secretary means the Secretary of the Interior. 4. Establishment of groundwork USA trust program (a) Authorization of grant program The Secretary, in consultation with the Groundwork USA national office, is authorized to award grants to eligible organizations. (b) Application An eligible organization desiring a grant under the program shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary, in consultation with the Groundwork USA national office, may require. 5. Criteria for selection Each grant award provided under section 4(a) shall be made on the basis of the quality of the application submitted, taking into consideration such factors as the following: (1) The population and demographics of the community and the environmental, community, or economic development issues which an eligible entity could help address. (2) The level of experience with community and environmental improvement activities of an eligible organization and the role such organization will play in the implementation of Groundwork USA Trust activities. (3) The level in which the community or local government in which the eligible organization is based is a current or past recipient of funding or assistance from the EPA Brownfields Program and demonstrated success in those efforts. (4) The level in which the eligible organization has partnered with the National Park Service and demonstrated success in those efforts. (5) The level of community interest and commitment to learn about, evaluate, and partner with a Groundwork USA Trust. (6) The number and level of opportunities to improve the local environment for conservation, recreation, and economic development, including: (A) The potential to facilitate the creation, improvement, and stewardship of parks, greenways, open space, and nature reserves and increase opportunities for recreation, conservation, food security, environmental education, and other environmental improvements in communities impacted by brownfields. (B) The potential to stimulate economic and environmental rejuvenation of communities impacted by brownfield issues. (C) The potential to increase the capacity of communities with limited means to improve their environment, economy, and quality of life. (D) The potential to engage the local community in the planning and development of projects and programs to improve its local environment, including the assessment, cleanup, and reuse of brownfield sites for parks, recreation facilities, nature areas, gardens, trails, and other community benefits. (E) The potential to contribute to the use or reuse of existing infrastructure. (7) The ability to address the issue of brownfields in the community or target area, including: (A) The potential to leverage or stimulate funds from other sources to support the assessment and remediation of brownfields and their reuse for parks, recreation facilities, nature areas, and other community benefits. (B) The potential to engage the local community in the planning and implementation of projects and programs to assess, cleanup, and reuse brownfields for parks, recreation facilities, nature areas, and other community benefits. (C) The potential to help reduce the threats to human health and the local environment associated with the presence of hazardous substances, pollutants, or contaminants. (D) The potential to help address or facilitate the identification and reduction of threats to the health and welfare of populations at risk. 6. Use of funds A grant award provided under the program may be used to— (1) provide training, research, and technical assistance to individuals and organizations, as appropriate, to facilitate the inventory of brownfield sites, site assessments, remediation of brownfield sites, community involvement, or site preparation; (2) increase the capacity of communities to improve and care for their local environment; (3) reclaim vacant and derelict lands for conservation, recreation, and economic development; (4) clean up and care for neglected areas to signal community pride and rejuvenation; (5) return brownfields to economically productive use while restoring blighted landscapes with healthy environments; (6) integrate environmental education, food security, health and fitness, resource management, and job training; (7) encourage businesses, local governments, nonprofits, and communities to work together for sustainable environmental care and enhancement; (8) support businesses, local governments, nonprofits, and communities in efforts to improve their local environment; (9) raise the profile of urban environmental improvements as part of a comprehensive approach to smart growth strategies and rejuvenation of inner city communities; (10) acquire real property and buildings to rehabilitate and improve upon for the local community and perform maintenance on such property and buildings, including mowing, irrigating, landscaping, painting, and providing structural repairs; (11) expand operations and locations of offices to benefit a larger geographic area, and increase staff; (12) develop information systems and utilize such systems for community- and regional-based research and data dissemination; and (13) develop programs that encourage regional and national partnering with other environmental organizations. 7. Maximum grant award A grant award under the program shall not exceed $400,000 for any fiscal year. 8. Limitation on administrative costs The Secretary may reserve not more than 15 percent of the amount made available under this Act to carry out the program in a fiscal year for administrative costs, including managing, administering, and assisting with technical support of operations for national and local Groundwork USA offices. 9. Annual report Each grant recipient shall submit to the Secretary and the national Groundwork USA national office an annual report at such time, in such manner, and containing such information as the Secretary, in consultation with the Groundwork USA national office, may require. 10. Authorization of appropriations There are authorized to be appropriated to carry out the program $15,000,000 for each of the fiscal years 2014 through 2019.

https://www.govinfo.gov/content/pkg/BILLS-113hr2205ih/xml/BILLS-113hr2205ih.xml

113-hr-2206

I 113th CONGRESS 1st Session H. R. 2206 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Turner (for himself and Mr. Heck of Nevada ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To provide enhanced protections for prospective members and new members of the Armed Forces during entry-level processing and training. 1. Short title This Act may be cited as the No Tolerance Act . 2. Enhanced protections for prospective members and new members of the Armed Forces during entry-level processing and training (a) Defining inappropriate and prohibited relationships, communication, conduct, and contact between certain members (1) Policy required The Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating shall establish and maintain a policy to uniformly define and prescribe, for the persons described in paragraph (2), what constitutes an inappropriate and prohibited relationship, communication, conduct, or contact, including when such an action is consensual, between a member of the Armed Forces described in paragraph (2)(A) and a prospective member or member of the Armed Forces described in paragraph (2)(B). (2) Covered members The policy required by paragraph (1) shall apply to— (A) a member of the Armed Forces who is superior in rank to, exercises authority or control over, or supervises a person described in subparagraph (B) during the entry-level processing or training of the person; and (B) a prospective member of the Armed Forces or a member of the Armed Forces undergoing entry-level processing or training. (3) Inclusion of certain members required The members of the Armed Forces covered by paragraph (2)(A) shall include, at a minimum, military personnel assigned or attached to duty— (A) for the purpose of recruiting or assessing persons for enlistment or appointment as a commissioned officer, warrant officer, or enlisted member of the Armed Forces; (B) at a Military Entrance Processing Station; or (C) at an entry-level training facility or school of an Armed Force. (b) Effect of violations A member of the Armed Forces who violates the policy established pursuant to subsection (a) shall be subject to prosecution under the Uniform Code of Military Justice. (c) Processing for administrative separation (1) In general (A) The Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating shall require the processing for administrative separation of any member of the Armed Forces described in subsection (a)(2)(A) in response to the first substantiated violation by the member of the policy established pursuant to subsection (a), when the member is not otherwise punitively discharged or dismissed from the Armed Forces for that violation. (B) The Secretary of each military department shall revise regulations applicable to the Armed Forces under the jurisdiction of the Secretary as necessary to ensure compliance with the requirement under subparagraph (A). (2) Required elements (A) In imposing the requirement under paragraph (1), the Secretaries shall ensure that any separation decision regarding a member of the Armed Forces is based on the full facts of the case and that due process procedures are provided under existing law or regulations or additionally prescribed, as considered necessary by the Secretaries, pursuant to subsection (f). (B) The requirement imposed by paragraph (1) shall not be interpreted to limit or alter the authority of the Secretary of a military department and the Secretary of the Department in which the Coast Guard is operating to process members of the Armed Forces for administrative separation— (i) for reasons other than a substantiated violation of the policy established pursuant to subsection (a); or (ii) under other provisions of law or regulation. (3) Substantiated violation For purposes of paragraph (1), a violation by a member of the Armed Forces described in subsection (a)(2)(A) of the policy established pursuant to subsection (a) shall be treated as substantiated if— (A) there has been a court-martial conviction for violation of the policy, but the adjudged sentence does not include discharge or dismissal; or (B) a nonjudicial punishment authority under section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice) has determined that a member has committed an offense in violation of the policy and imposed nonjudicial punishment upon the member. (d) Proposed Uniform Code of Military Justice punitive article Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives— (1) a proposed amendment to chapter 47 of title 10, United States Code (the Uniform Code of Military Justice) to create an additional article under subchapter X of such chapter regarding violations of the policy required by subsection (a); and (2) the conforming changes to part IV, punitive articles, in the Manual for Courts-Martial that will be necessary upon adoption of such article. (e) Definitions In this section: (1) The term entry-level processing or training , with respect to a member of the Armed forces, means the period beginning on the date on which the member became a member of the Armed Forces and ending on the date on which the member physically arrives at that member’s first duty assignment following completion of initial entry training (or its equivalent), as defined by the Secretary of the military department concerned or the Secretary of the Department in which the Coast Guard is operating. (2) The term prospective member of the Armed Forces means a person who has had a face-to-face meeting with a member of the Armed Forces assigned or attached to duty described in subsection (a)(3)(A) regarding becoming a member of the Armed Forces, regardless of whether the person eventually becomes a member of the Armed Forces. (f) Regulations Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating shall issue such regulations as may be necessary to carry out this section. The Secretary of Defense shall ensure that, to the extent practicable, the regulations are uniform for each armed force under the jurisdiction of that Secretary.

https://www.govinfo.gov/content/pkg/BILLS-113hr2206ih/xml/BILLS-113hr2206ih.xml

113-hr-2207

I 113th CONGRESS 1st Session H. R. 2207 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Turner (for himself and Ms. Tsongas ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to make certain improvements in the Uniform Code of Military Justice related to sex-related offenses committed by members of the Armed Forces, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Better Enforcement for Sexual Assault Free Environments Act of 2013 or BE SAFE Act . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Limitations on convening authority discretion regarding court-martial findings and sentence. Sec. 3. Participation by complaining witnesses in clemency phase of courts-martial process. Sec. 4. Mandatory discharge or dismissal for certain sex-related offenses under the Uniform Code of Military Justice and trial of such offenses by general courts-martial. Sec. 5. Defense counsel interview of complaining witnesses in presence of trial counsel or outside counsel. Sec. 6. Elimination of five-year statute of limitations on trial by court-martial for additional offenses involving sex-related crimes. Sec. 7. Consideration of need for, and authority to provide for, temporary administrative reassignment or removal of a member on active duty who is accused of committing a sexual assault or related offense. Sec. 8. Briefings of commanding officers following unrestricted reports of sexual assault on members of the Armed Forces. Sec. 9. Victims’ Counsel for victims of sex-related offenses committed by members of the Armed Forces and related provisions. Sec. 10. Secretary of Defense report on sentencing reform. Sec. 11. Secretary of Defense report on role of commanders in military justice process. 2. Limitations on convening authority discretion regarding court-martial findings and sentence (a) Elimination of unlimited command prerogative and discretion Paragraph (1) of section 860(c) of title 10, United States Code (article 60(c) of the Uniform Code of Military Justice) is amended by striking the first sentence. (b) Limitations on discretion regarding court-Martial findings Paragraph (3) of section 860(c) of title 10, United States Code (article 60(c) of the Uniform Code of Military Justice) is amended to read as follows: (3) (A) Action on the findings of a court-martial by the convening authority or by another person authorized to act under this section is not required. (B) If a convening authority or other person acts on the findings of a court-martial, the convening authority or other person may not— (i) dismiss any charge or specification, other than a charge or specification for a qualifying offense, by setting aside a finding of guilty thereto; or (ii) change a finding of guilty to a charge or specification, other than a charge or specification for a qualifying offense, to a finding of guilty to an offense that is a lesser included offense of the offense stated in the charge or specification. (C) If a convening authority or other person acts on the findings to dismiss or change any charge or specification for a qualifying offense, the convening authority or other person shall prepare a written explanation of such action. Such written explanation shall be immediately provided and made a part of the record of the court-martial at the time the action is taken and becomes effective. (D) (i) In this paragraph, the term qualifying offense means, except as provided in clause (ii), an offense under this chapter for which— (I) the maximum sentence of confinement that may be adjudged does not exceed two years; and (II) the sentence adjudged does not include dismissal, a dishonorable or bad-conduct discharge, or confinement for more than six months. (ii) Such term does not include the following: (I) An offense under section 920 of this title (article 120). (II) An offense under section 928 of this title (article 128), if such offense consisted of assault consummated by battery upon child under 16 years of age. (III) An offense under section 934 of this title (article 134), if such offense consisted of indecent language communicated to child under the age of 16 years. (IV) Such other offenses as the Secretary of Defense may prescribe by regulation. . (c) Limitations of discretion To modify an adjudged sentence to less than mandatory minimum sentence Section 860(c) of title 10, United States Code (article 60(c) of the Uniform Code of Military Justice) is amended— (1) in paragraph (2), by striking The convening authority and inserting the following: (B) Except as provided in paragraph (4), the convening authority ; and (2) by adding at the end the following new paragraph: (4) If a mandatory minimum sentence exists for a charge, the convening authority or another person authorized to act under this section may not modify an adjudged sentence to reduce the sentence to less than the mandatory minimum sentence, except that, upon the recommendation of the trial counsel, the convening authority or other person shall have the authority to impose a sentence below a level established by statute as a minimum sentence so as to reflect the substantial assistance by the accused in the investigation or prosecution of another person who has committed an offense. . (d) Explanation for any decision disapproving, commuting, or suspending court-Martial sentence Section 860(c)(2) of title 10, United States Code (article 60(c)(2) of the Uniform Code of Military Justice), as amended by subsection (c)(1), is further amended— (1) by inserting (A) after (2) ; and (2) by adding at the end the following new subparagraph: (C) If the convening authority or other person makes a decision to disapprove, commute, or suspend the sentence in whole or in part, the convening authority or such person shall prepare a detailed written explanation of such action. Such written explanation shall be immediately provided and made a part of the record of the court-martial at the time the action is taken and becomes effective. . (e) Conforming amendment to other authority for convening authority To suspend sentence Section 871(d) of such title (article 71(d) of the Uniform Code of Military Justice) is amended by adding at the end the following new sentence: Paragraphs (2) and (4) of subsection (c) of section 860 of this title (article 60) shall apply to any decision by the convening authority or such person to suspend the execution of any sentence or part thereof under this subsection. . (f) Effective date The amendments made by this section shall take effect 180 days after the date of the enactment of this Act and shall apply with respect to findings and sentences of courts-martial reported to convening authorities under section 860 of title 10, United States Code (article 60 of the Uniform Code of Military Justice), as amended by this section, on or after that effective date. 3. Participation by complaining witnesses in clemency phase of courts-martial process Section 860(b) of title 10, United States Code (article 60(b) of the Uniform Code of Military Justice), is amended by adding at the end the following new paragraphs: (5) (A) If an accused elects to submit matters for consideration by the convening authority under this subsection, a copy of any portion of such matters that refers to a complaining witness shall be provided to the complaining witness before the convening authority takes any action on the findings or sentence under this section. (B) (i) Upon receipt of matters under this paragraph, a complaining witness shall have 10 days to submit materials in response to such matters to the convening authority. (ii) If a complaining witness shows that additional time is required for submission of materials under this subparagraph, the convening authority or other person taking action under this section, for good cause, may extend the applicable period for submission of such materials for not more than an additional 20 days. (6) In any case in which findings and sentence have been adjudged for an offense involving a complaining witness, the complaining witness shall be provided an opportunity to submit matters to the convening authority for consideration prior to taking action under this section. (7) The convening authority shall not consider under this section any submitted matters that go to the character of a complaining witness unless such matters were presented at the court-martial. . 4. Mandatory discharge or dismissal for certain sex-related offenses under the Uniform Code of Military Justice and trial of such offenses by general courts-martial (a) Mandatory discharge or dismissal required (1) Imposition Section 856 of title 10, United States Code (article 56 of the Uniform Code of Military Justice) is amended— (A) by inserting (a) before The punishment ; and (B) by adding at the end the following new subsection: (b) (1) While a person subject to this chapter who is found guilty of an offense specified in paragraph (2) shall be punished as a general court-martial may direct, such punishment must include, at a minimum, dismissal or dishonorable discharge. (2) Paragraph (1) applies to the following offenses: (A) An offense in violation of subsection (a) or (b) of section 920 (article 120(a) or (b)). (B) Forcible sodomy under section 925 of this title (article 125). (C) An attempt to commit an offense specified in subparagraph (A) or (B) that is punishable under section 880 of this title (article 80). . (2) Clerical amendments (A) Section heading The heading of such section is amended to read as follows: 856. Art. 56. Maximum and minimum limits . (B) Table of sections The table of sections at the beginning of subchapter VIII of chapter 47 of such title is amended by striking the item relating to section 856 and inserting the following new item: 856. Art 56. Maximum and minimum limits. . (b) Jurisdiction limited to general courts-martial Section 818 of such title (article 18 of the Uniform Code of Military Justice) is amended— (1) by inserting (a) before the first sentence; (2) in the third sentence, by striking However, a general court-martial and inserting the following: (b) A general court-martial ; and (3) by adding at the end the following new subsection: (c) Consistent with sections 819, 820, and 856(b) of this title (articles 19, 20, and 56(b)), only general courts-martial have jurisdiction over an offense specified in section 856(b)(2) of this title (article 56(b)(2)). . (c) Effective date The amendments made by this section shall take effect 180 days after the date of the enactment of this Act. 5. Defense counsel interview of complaining witnesses in presence of trial counsel or outside counsel Section 846 of title 10, United States Code (article 46 of the Uniform Code of Military Justice), is amended— (1) by inserting (a) Opportunity To obtain witnesses and other evidence .— before The trial counsel ; (2) by striking Process issued and inserting the following: (c) Process Process issued ; and (3) by inserting after subsection (a), as designated by paragraph (1), the following new subsection (b): (b) Interview of complaining witnesses by defense counsel (1) Upon notice by trial counsel to defense counsel of the name and address of the complaining witness or witnesses trial counsel intends to call to testify in any portion of an investigation under section 832 of this title (article 32) or a court-martial under this chapter, defense counsel shall make all requests to interview any such complaining witness through trial counsel. (2) If requested by a complaining witness subject to a request for interview under paragraph (1), any interview of the witness by defense counsel shall take place only in the presence of trial counsel, counsel for the witness, or outside counsel. . 6. Elimination of five-year statute of limitations on trial by court-martial for additional offenses involving sex-related crimes (a) Inclusion of additional offenses Section 843(a) of title 10, United States Code (article 43(a) of the Uniform Code of Military Justice) is amended by striking rape, or rape of a child and inserting rape or sexual assault, or rape or sexual assault of a child . (b) Conforming amendment Section 843(b)(2)(B)(i) of title 10, United States Code (article 43(b)(2)(B)(i) of the Uniform Code of Military Justice) is amended by inserting before the period at the end the following: , unless the offense is covered by subsection (a) . (c) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply with respect to an offense covered by section 920(b) or 920b(b) of title 10, United States Code (article 120(b) or 120b(b) of the Uniform Code of Military Justice) that is committed on or after that date. 7. Consideration of need for, and authority to provide for, temporary administrative reassignment or removal of a member on active duty who is accused of committing a sexual assault or related offense (a) In general Chapter 39 of title 10, United States Code, is amended by inserting after section 673 the following new section: 674. Temporary administrative reassignment or removal of a member on active duty accused of committing a sexual assault or related offense (a) Guidance for timely consideration and action The Secretary concerned may provide guidance, within guidelines provided by the Secretary of Defense, for commanders regarding their authority to make a timely determination, and to take action, regarding whether a member of the armed forces serving on active duty who is alleged to have committed a sexual assault or other sex-related offense covered by section 920, 920a, 920b, or 920c of this title (article 120, 120a, 120b, or 120c of the Uniform Code of Military Justice) should be temporarily reassigned or removed from a position of authority or assignment, not as a punitive measure, but solely for the purpose of maintaining good order and discipline within the member’s unit. (b) Time for determinations A determination described in subsection (a) may be made at any time after receipt of notification of an unrestricted report of a sexual assault or other sex-related offense that identifies the member as an alleged perpetrator. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 673 the following new item: 674. Temporary administrative reassignment or removal of a member on active duty accused of committing a sexual assault or related offense. . (c) Additional training requirement for commanders The Secretary of Defense shall provide for inclusion of information and discussion regarding the availability and use of the authority provided by section 674 of title 10, United States Code, as added by subsection (a), as part of the training for new and prospective commanders at all levels of command required by section 585(b) of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 10 U.S.C. 1561 note). 8. Briefings of commanding officers following unrestricted reports of sexual assault on members of the Armed Forces (a) Briefings required Not later than eight days after a member of the Armed Forces files an unrestricted report on a sexual assault of such member, the commanding officer of the member filing such report shall provide a briefing on such incident to the following: (1) The first colonel, or captain in the case of the Navy, in the chain of command of such member. (2) The first general or flag officer in the chain of command of such member. (b) Elements (1) In general A briefing on an incident under subsection (a) shall include the following: (A) Information on the victim (other than the name of the victim). (B) Information on the alleged offender (other than the name of the alleged offender). (C) The details of the incident. (D) Any actions taken in connection with the incident, including the following: (i) Referral of the victim to any services available for members of the Armed Forces who are victims of sexual assault, including the date of each such referral. (ii) Any investigation of the incident, including the date of any significant action in connection any such investigation. (2) Modification The Secretary of Defense may modify the elements required in a briefing under this section if the Secretary determines that such modification will facilitate compliance of briefings under this section with best practices for such briefing as identified by the Sexual Assault Prevention and Response Office of the Department of Defense. (c) Preparation The collection and assembly of any information required for a briefing under this section shall be conducted by a Sexual Assault Response Coordinator. Information required for a briefing may not be collected or assembled through an investigation or interview of the victim by any commanding officer of the victim. (d) Regulations The Secretary of Defense shall prescribe regulations to carry out this section. 9. Victims’ Counsel for victims of sex-related offenses committed by members of the Armed Forces and related provisions (a) Designation and duties (1) In general Chapter 53 of title 10, United States Code, is amended by inserting after section 1044d the following new section: 1044e. Victims' Counsel for victims of sex-related offenses committed by members of the armed forces (a) Designation; purposes Under regulations prescribed by the Secretary of Defense, the Secretary concerned shall designate legal counsel (to be known as Victims’ Counsel ) for the purpose of providing legal assistance to any member of the armed forces, any dependent of a member, or any other individual eligible for military legal assistance under section 1044 of this title, who is the victim of a sex-related offense, regardless of whether the allegation is restricted or unrestricted. (b) Types of legal assistance The types of legal assistance contemplated by this subsection may include the following: (1) Legal consultation regarding potential criminal liability of the victim stemming from or in relation to the circumstances surrounding the alleged sex-related offense and the victim’s right to seek military defense services. (2) Legal consultation regarding the Victim Witness Assistance Program (VWAP), including— (A) the rights and benefits afforded the victim; (B) the role of the Victim/Witness Advocate or Liaison and what privileges do or do not exist between the victim and the Advocate or Liaison; and (C) the nature of communication made to the Victim/Witness Advocate or Liaison as opposed to communication made to the Legal Assistance Attorney. (3) Legal consultation regarding the potential for civil litigation against other parties (other than the Department of Defense). (4) Legal consultation regarding any proceedings of the military justice process that the victim may observe. (5) Legal consultation regarding the military justice system, including— (A) the roles and responsibilities of the trial counsel, the defense counsel, and investigators; (B) any proceedings of the military justice process in which the victim may observe or participate as a witness or other party; (C) the Government’s authority to compel cooperation and testimony; and (D) the victim’s responsibility to testify, and other duties to the court. (6) Accompanying the victim at any proceedings in connection with the reporting, military investigation, and military prosecution of the alleged sex-related offense. (7) Legal consultation regarding— (A) services available from appropriate agencies or offices for emotional and mental health counseling and other medical services; (B) eligibility for and requirements for obtaining any available military and veteran benefits, such as transitional compensation benefits found in section 1059 of this title and other State and Federal victims’ compensation programs; and (C) the availability of, and any protections offered by, civilian and military restraining orders. (8) Legal consultation and assistance in personal civil legal matters in accordance with section 1044 of this title. (9) Such other legal assistance as the Secretary concerned may specify under this subsection. (c) Qualifications An individual may not be designated as a Victims’ Counsel under this section unless the individual is— (1) a judge advocate or a civilian attorney serving as a legal assistance attorney who is a graduate of an accredited law school and is a member of the bar of a Federal court or of the highest court of a State; and (2) is certified as competent to be designated as a Victims’ Counsel by the Judge Advocate General of the Armed Force of which the individual is a member. (d) Administrative responsibility Under such regulations as may be prescribed by the Secretary concerned, the Judge Advocate General (as defined in section 801(1) of this title) under the jurisdiction of the Secretary, and within the Marine Corps the Staff Judge Advocate to the Commandant of the Marine Corps, is responsible for the establishment and supervision of individuals designated as Victims’ Counsel. (e) Sex-Related offense defined In this subsection, a sex-related offense includes— (1) any offense covered by section 920, 920a, 920b, 920c, or 925 (article 120, 120a, 120b, 120c, or 125 of the Uniform Code of Military Justice); or (2) an attempt to commit an offense specified in a paragraph (1) as punishable under section 880 of this title (article 80 of the Uniform Code of Military Justice). (f) Availability of victims’ counsel A member of the armed forces, or a dependent of a member, or any other individual eligible for military legal assistance under section 1044 of this title, who is the victim of an alleged sex-related offense shall be provided assistance by a Victims’ Counsel upon report of an allegation of a sex-related offense or at the time the victim seeks assistance from a Sexual Assault Response Coordinator, a Sexual Assault Victim Advocate, a military criminal investigator, a victim/witness liaison, a trial counsel, a healthcare provider, or any other personnel designated by the Secretary concerned for purposes of this subsection. The assistance of a Victims’ Counsel under this subsection shall be available to a member or a dependent regardless of whether the member or dependent elects unrestricted or restricted reporting of the sex-related offense. The member or dependent shall also be informed that the assistance of the Victims’ Counsel is an option and may be declined, in whole or in part, at any time. . (2) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1044d the following new item: 1044e. Victims' Counsel for victims of sexual assault-related offenses committed by members of the armed forces. . (3) Conforming amendment Section 1044(d)(2)(B) of this title is amended by striking and 1044d and inserting 1044d, and 1044e . (b) Enhanced Training Requirement The Secretary of each military department, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Department of the Navy, shall implement, within the guidelines provided by the Secretary of Defense, in-depth and advanced training for all military and civilian attorneys assigned under section 1044 or 1044e of title 10, United States Code, to provide legal assistance to victims of sex-related offenses. (c) Secretary of Defense reporting requirement (1) Report required Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of Homeland Security with respect to the Coast Guard, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report outlining how the Armed Forces have implemented the requirements of section 1044e of title 10, United States Code, as added by subsection (a). (2) Additional submission requirement The report required by paragraph (1) shall also be submitted to the Independent Review Panels established by section 576 of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ; 126 Stat. 1758), and the Joint Services Committee on Military Justice. (d) Additional duties for independent review panel The Independent Review Panel established by section 576(a)(1) of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ; 126 Stat. 1758) shall include as part of its duties the following: (1) An assessment of the roles, responsibilities, and authorities of the Victims’ Counsel to provide legal assistance to victims of sex-related offenses under section 1044e of title 10, United States Code, as added by subsection (a). (2) An assessment of whether the roles, responsibilities, and authorities of the Victims’ Counsel to provide legal assistance to victims of sex-related offenses under such section should be expanded to include legal standing to represent the alleged victim during investigative and military justice proceedings in connection with the prosecution of a sex-related offense. 10. Secretary of Defense report on sentencing reform (a) Reports required Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on sentencing guidelines and mandatory minimum sentencing provisions under the Uniform Code of Military Justice. (b) Contents of report The report required by subsection (a) shall include the following: (1) An assessment of the effects of mandatory minimum sentencing provisions under the Uniform Code of Military Justice on the goal of eliminating unwarranted sentencing disparity and other goals of sentencing. (2) An assessment of the penalties imposed by the current mandatory minimum sentences in relation to the offenses for which imposed under the Uniform Code of Military Justice. (3) A description of the interaction between mandatory minimum sentencing provisions under the Uniform Code of Military Justice and plea agreements. (4) An assessment of the appropriateness of statutorily mandated minimum sentencing provisions for additional serious offenses under the Uniform Code of Military Justice. (5) An assessment of the advisory sentencing guidelines used in civilian courts and whether it would be advisable to promulgate sentencing guidelines for use in courts-martial. (6) Any other information that the Secretary of Defense determines would contribute to a thorough assessment of sentencing guidelines and mandatory minimum sentencing provisions under the Uniform Code of Military Law. 11. Secretary of Defense report on role of commanders in military justice process Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing an assessment of the current role of commanders in the administration of military justice and the investigation, prosecution, and adjudication of offenses under the Uniform Code of Military Justice. Specifically, the Secretary of Defense shall assess the post-trial authority of a commander under section 860 of title 10, United States Code (article 60 of the Uniform Code of Military Justice), as amended by section 2, and include in the report a recommendation regarding whether this authority should be further modified or repealed.

https://www.govinfo.gov/content/pkg/BILLS-113hr2207ih/xml/BILLS-113hr2207ih.xml

113-hr-2208

I 113th CONGRESS 1st Session H. R. 2208 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Wittman (for himself, Mr. Thompson of Mississippi , Mr. King of Iowa , and Mr. Dingell ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To extend the authorization of appropriations for allocation to carry out approved wetlands conservation projects under the North American Wetlands Conservation Act through fiscal year 2017. 1. Short title This Act may be cited as the North American Wetlands Conservation Extension Act of 2013 . 2. Authorization of appropriations Section 7(c) of the North American Wetlands Conservation Act ( 16 U.S.C. 4406(c) ) is amended by striking 2012 and inserting 2017 .

https://www.govinfo.gov/content/pkg/BILLS-113hr2208ih/xml/BILLS-113hr2208ih.xml

113-hr-2209

I 113th CONGRESS 1st Session H. R. 2209 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Wittman 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 chain of command for Army National Military Cemeteries. 1. Establishment of chain of command for Army National Military Cemeteries (a) Military chain of command required The Secretary of the Army shall establish a chain of command for the Army National Military Cemeteries, to include a military commander of the Army National Military Cemeteries to replace the current civilian director upon the termination of the tenure of the director. (b) Conforming amendment Section 4724(a)(1) of title 10, United States Code, is amended by striking who shall meet and inserting who is a commissioned officer and meets .

https://www.govinfo.gov/content/pkg/BILLS-113hr2209ih/xml/BILLS-113hr2209ih.xml

113-hr-2210

I 113th CONGRESS 1st Session H. R. 2210 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Young of Florida introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to expand the eligibility of children of certain deceased veterans to educational assistance under the Post-9/11 Educational Assistance Program of the Department of Veterans Affairs. 1. Short title This Act may be cited as the Marine Gunnery Sergeant John David Fry Scholarship Improvements Act of 2013 . 2. Entitlement of children of certain deceased veterans to educational assistance under the Post-9/11 Educational Assistance Program of the Department of Veterans Affairs (a) In general Section 3311(b)(9) is amended— (1) by striking 2001, dies in line of duty while serving on active duty as a member of the Armed Forces. and inserting 2001— ; and (2) by adding at the end the following new subparagraphs: (A) dies in line of duty while serving on active duty as a member of the Armed Forces; or (B) is awarded the Purple Heart for an injury and dies as a result of that injury during the 60-day period beginning on the date of the person’s discharge or release from active duty service in the Armed Forces. . (b) Effective date The amendments made by subsection (a) shall apply with respect to a person who dies on or after September 11, 2001.

https://www.govinfo.gov/content/pkg/BILLS-113hr2210ih/xml/BILLS-113hr2210ih.xml

113-hr-2211

I 113th CONGRESS 1st Session H. R. 2211 IN THE HOUSE OF REPRESENTATIVES May 24, 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 amend the Fair Debt Collection Practices Act to provide for a timetable for verification of medical debt and to increase the efficiency of credit markets with more perfect information. 1. Short title This Act may be cited as the Accuracy in Reporting Medical Debt Act of 2013 . 2. Findings The Congress finds the following: (1) A reduction in a consumer’s credit score can impede consumers’ economic activity and consumer borrowing capacity. (2) A 2012 Federal Trade Commission report found that as many as 40 million Americans have mistakes on their credit report. (3) According to credit evaluators, medical debt collections are inconsistently reported, and of questionable value in predicting future payment performance. (4) Medical debt that has been completely paid off or settled will remain on a consumer’s credit report and can significantly damage a consumer’s credit score for 7 years. (5) Creditworthy consumers may be denied credit, pay higher interest rates, or pay higher fees when buying or refinancing a home loan or obtaining credit for credit-related products due to disputed medical debt on their credit reports. 3. Validation of medical debt (a) In general Section 809 of the Fair Debt Collection Practices Act ( 15 U.S.C. 1692g ) is amended by adding at the end the following: (f) Validation of medical debt For purposes of medical debt, the following shall apply: (1) Definitions For purposes of this subsection: (A) Consumer reporting agency The term consumer reporting agency has the meaning given such term under section 603(f) of the Fair Credit Reporting Act. (B) Disputes the validity With respect to a medical debt, a consumer disputes the validity of such debt if the consumer states, in writing, that either— (i) the consumer is continuing to communicate with an insurance company to determine coverage for the debt; (ii) the consumer disputes the amount or existence of the debt; or (iii) the consumer has applied for financial assistance, provides evidence of such application, and is awaiting a determination. (C) Medical debt The term medical debt means a debt arising from the receipt of medical services, products, or devices. (2) Notice of specific deadline When sending a statement described under subsection (a)(3), the debt collector shall include the following information: (A) That the debt collector could report to a consumer reporting agency regarding the debt, if the consumer does not respond to the notice within 30 days from the date on which the consumer received the statement. (B) That, if the consumer does respond, the debt collector could report to a consumer reporting agency regarding the debt at the end of the 120-day period beginning on the date that the debt collector sends the statement. (C) The specific date that is the end of the 120-day period beginning on the date that the debt collector sends the statement. (3) Effect of consumer notice If the consumer notifies the debt collector, in writing, within the 30-day period described under subsection (a), that the consumer disputes the validity of the debt, the debt collector may not, during the 120-day period beginning on the date that the debt collector sends the written notice described under subsection (a), communicate with, or report any information to, any consumer reporting agency regarding such debt. This paragraph shall have no effect on when a debt collector may or may not engage in activities to collect or attempt to collect any debt owed or due or asserted to be owed. (4) Reporting after the 120-day period Nothing in this subsection shall prohibit the debt collector from communicating with, or reporting any information to, any consumer reporting agency regarding such debt after the end of such 120-day period. . (b) Effective date The amendment made by subsection (a) shall take effect after the end of the 6-month period beginning on the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2211ih/xml/BILLS-113hr2211ih.xml

113-hr-2212

I 113th CONGRESS 1st Session H. R. 2212 IN THE HOUSE OF REPRESENTATIVES May 24, 2013 Mr. Barr introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to allow a 3-year recovery period for all race horses. 1. Short title This Act may be cited as the Race Horse Cost Recovery Act of 2013 . 2. Three-year depreciation for race horses (a) In general Clause (i) of section 168(e)(3)(A) of the Internal Revenue Code of 1986 is amended to read as follows: (i) any race horse, . (b) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr2212ih/xml/BILLS-113hr2212ih.xml

113-hr-2213

I 113th CONGRESS 1st Session H. R. 2213 IN THE HOUSE OF REPRESENTATIVES May 24, 2013 Mr. McCaul (for himself and Mr. Cuellar ) introduced the following bill; which was referred to the Committee on Homeland Security , and in addition to the Committee on Transportation and Infrastructure , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To incorporate into the design and construction of reconfigured and new ports of entry certain concerns relating to border location-dependent businesses, and for other purposes. 1. Short title This Act may be cited as the Border Communities Economic Security and Sustainability Act of 2013 . 2. Incorporation into the design and construction of reconfigured and new ports of entry of certain concerns relating to border location-dependent businesses Notwithstanding any other provision of law, the Secretary of Homeland Security and the Administrator of the General Services Administration, as an ongoing part of the efforts of the Department of Homeland Security and the General Services Administration to reconfigure and make more secure the country’s ports of entry, shall coordinate to the extent practicable to ensure that appropriate measures are taken to accommodate preexisting and border location-dependent businesses into the design and construction of reconfigured and new ports of entry.

https://www.govinfo.gov/content/pkg/BILLS-113hr2213ih/xml/BILLS-113hr2213ih.xml

113-hr-2214

I 113th CONGRESS 1st Session H. R. 2214 IN THE HOUSE OF REPRESENTATIVES May 24, 2013 Ms. Meng (for herself, Mr. Blumenauer , Mr. Capuano , Mr. Cartwright , Ms. Chu , Mr. Cicilline , Mr. Cohen , Mr. Conyers , Ms. Edwards , Mr. Ellison , Mr. Connolly , Mr. Johnson of Georgia , Mr. Huffman , Mr. McGovern , Mr. Murphy of Florida , Mr. Pocan , Mr. Rangel , Ms. Shea-Porter , Ms. Slaughter , and Mr. Michaud ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the securities laws to require that registration statements, quarterly and annual reports, and proxy solicitations of public companies include a disclosure to shareholders of any expenditure made by that company in support of or in opposition to any candidate for Federal, State, or local public office. 1. Short title This Act may be cited as the Corporate Politics Transparency Act . 2. Disclosure to shareholders of certain political expenditures (a) Quarterly and annual reports Section 13 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78m ) is amended by adding at the end the following new subsection: (s) Disclosure of certain political expenditures (1) Disclosure required Each quarterly and annual report required under this section or section 15(d) shall include a disclosure of the total of any political expenditures in support of or in opposition to any candidate for Federal, State, or local public office made by the issuer during the preceding 6-year period. Such disclosures shall contain, at minimum, the name and political party affiliation of each candidate in support of whom or in opposition to whom a political expenditure was made, the amount of each such expenditure, the public office that such candidate was or is seeking, including the relevant State, city, or district, and a statement of the issuer’s interest in and reason for making such expenditure. (2) Definition For purposes of this subsection, the term political expenditure in support of or in opposition to any candidate for Federal, State, or local public office means an expenditure or series of expenditures totaling more than $10,000 for any single candidate during any single election that— (A) is an independent expenditure as such term is defined in section 301(17) of the Federal Election Campaign Act of 1971 or is relating to a candidate for State or local public office that would be treated as an independent expenditure under such Act if the candidate were a candidate for Federal public office; (B) is an electioneering communication, as such term is defined in section 304(f)(3) of such Act ( 2 U.S.C. 434(f)(3) ); or (C) dues or other payments to any other organization that are, or could reasonably be anticipated to be, used or transferred to another association or organization for the purposes described in subparagraph (A) or (B). . (b) Proxies Section 14 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78n ) is amended by adding at the end the following new subsection: (k) Disclosure to shareholders of political expenditures Any solicitation of any proxy or consent or authorization in respect of any security of an issuer shall contain a disclosure of the total of any political expenditures in support of or in opposition to any candidate for Federal, State, or local public office made by the issuer during the preceding 6-year period. Such disclosure must be clear and conspicuous and, at minimum, contain the name and political party affiliation of each candidate in support of whom or in opposition to whom a political expenditure was made, the amount of each such expenditure, the public office that such candidate was or is seeking, including the relevant State, city, or district, and a statement of the issuer’s interest in and reason for making such expenditure. For purposes of this subsection, the term political expenditure in support of or in opposition to any candidate for Federal, State, or local public office has the meaning given such term in section 13(m)(2). . (c) Registration statements Section 7 of the Securities Act of 1933 (15 U.S.C. 77g) is amended by adding at the end the following: (e) The registration statement shall also contain a disclosure of any political expenditures in support of or in opposition to any candidate for Federal, State, or local public office made by the issuer during the preceding 6-year period. Such disclosure shall contain, at minimum, the name and political party affiliation of each candidate in support of whom or in opposition to whom a political expenditure was made, the amount of each such expenditure, the public office that such candidate was or is seeking, including the relevant State, city, or district, and a statement of the issuer’s interest in and reason for making such expenditure. For purposes of this subsection, the term political expenditure in support of or in opposition to any candidate for Federal, State, or local public office has the meaning given such term in section 13(m)(2) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(m)(3)). . (d) Modification of forms The Securities and Exchange Commission shall make such modifications to any forms made available by the Commission to facilitate the disclosures required by the amendments made by this Act. (e) Effective date The amendments made by this Act shall take effect beginning with the first reports that are the subject of such amendments that are required to be filed for the fiscal year that begins after the date of enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2214ih/xml/BILLS-113hr2214ih.xml

113-hr-2215

I 113th CONGRESS 1st Session H. R. 2215 IN THE HOUSE OF REPRESENTATIVES May 24, 2013 Mr. McDermott introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Civil Rights Act of 1991 with respect to the application of such Act. 1. Short title This Act may be cited as the Justice for Wards Cove Workers Act . 2. Findings The Congress finds the following: (1) In 1974, Frank Atonio, a United States citizen of Samoan descent, and 9 other minority salmon workers filed a class-action employment discrimination suit under the Civil Rights Act of 1964 against Wards Cove Packing Company that eventually involved 2,000 workers of Filipino, Samoan, Chinese, Japanese, and Alaska native descent. (2) The lawsuit represented workers who charged that minority employees at Wards Cove’s seasonal cannery in Ketchikan, Alaska, were discriminated based on their race. (3) Nearly all of the company’s unskilled, lower-paid cannery-line workers were ethnic minorities. Nearly all of the higher-paid machinists, engineers, and quality-control personnel were Caucasian. (4) The 2 groups lived in separate dormitories and ate in separate mess halls. One machine was dubbed the Iron Chink , and living quarters for Filipino workers were referred to as the Flip House . (5) In 1989, the Supreme Court in Wards Cove Packing Co. v. Atonio ruled in the company’s favor, 5–4, rolling back plaintiff’s rights in discrimination cases. The court ruling shifted the burden of proof from employers to employees alleging workplace discrimination. (6) Undoing the legal precedent established by that court ruling became a critical impetus for the Civil Rights Act of 1991. (7) Section 402(b) of the Civil Rights Act of 1991 contained an exception clause for cases in which a complaint was filed in 1975 and decided in 1983: Notwithstanding any other provision of this Act, nothing in this Act shall apply to any disparate impact case for which a complaint was filed before March 1, 1975, and for which an initial decision was rendered after October 30, 1983. Only 1 case falls within this exclusion, that being the Wards Cove case. (8) Section 402(b) of such Act effectively blocked the expansion of procedural and substantive rights provided by the Civil Rights Act of 1991 from taking effect to the very people whose lawsuit shed light into discrimination in the workplace. (9) In March 1993, President William Jefferson Clinton announced his support to remove the exemption, stating that It is contrary to all of our ideas to exclude any American from the protection of our civil-rights laws . (10) The Civil Rights Act of 1991 is considered to be the most comprehensive civil rights legislation to pass Congress since the Civil Rights Act of 1964. Like the 1964 landmark Act, the 1991 Act prohibits all discrimination in employment based on race, gender, color, religious, or ethnic considerations. (11) Yet so long as Section 402(b) of such Act remains in place, the Civil Rights Act of 1991 will always be marred as a law that is deeply discriminatory. (12) Section 402(b) of such Act remains a potent symbol of injustice among Asian-Americans and civil rights groups. 3. Amendments Section 402 of the Civil Rights Act of 1991 ( 42 U.S.C. 1981 note) is amended— (1) in subsection (a) by striking (a) In General .— ; and (2) by striking subsection (b). 4. Application and construction (a) Application For purposes of determining the application of the amendments made by the Civil Rights Act of 1991, such amendments shall apply to a case that was subject to section 402(b) of the Civil Rights Act of 1991 (as in effect on the day before the date of enactment of this Act) in the same manner and to the same extent as such amendments apply to any case brought under title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ) that was not subject to section 402(b) of the Civil Rights Act of 1991. (b) Construction Nothing in this Act shall be construed to alter, or shall be considered to be evidence of, congressional intent regarding the application of such amendments to any case that was not subject to section 402(b) of the Civil Rights Act of 1991.

https://www.govinfo.gov/content/pkg/BILLS-113hr2215ih/xml/BILLS-113hr2215ih.xml

113-hr-2216

IB Union Calendar No. 63 113th CONGRESS 1st Session H. R. 2216 [Report No. 113–90] IN THE HOUSE OF REPRESENTATIVES May 28, 2013 Mr. Culberson , from the Committee on Appropriations , reported the following bill; which was committed to the Committee of the Whole House on the State of the Union and ordered to be printed A BILL Making appropriations for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2014, and for other purposes. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2014, and for other purposes, namely: I Department of defense Military construction, army For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, facilities, and real property for the Army as currently authorized by law, including personnel in the Army Corps of Engineers and other personal services necessary for the purposes of this appropriation, and for construction and operation of facilities in support of the functions of the Commander in Chief, $1,099,875,000, to remain available until September 30, 2018: Provided , That of this amount, not to exceed $64,575,000 shall be available for study, planning, design, architect and engineer services, and host nation support, as authorized by law, unless the Secretary of Army determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor. Military construction, navy and marine corps For acquisition, construction, installation, and equipment of temporary or permanent public works, naval installations, facilities, and real property for the Navy and Marine Corps as currently authorized by law, including personnel in the Naval Facilities Engineering Command and other personal services necessary for the purposes of this appropriation, $1,616,281,000, to remain available until September 30, 2018: Provided , That of this amount, not to exceed $89,830,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Secretary of Navy determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor. Military construction, air force For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, facilities, and real property for the Air Force as currently authorized by law, $1,127,273,000, to remain available until September 30, 2018: Provided , That of this amount, not to exceed $11,314,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Secretary of Air Force determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor. Military construction, defense-Wide (including transfer of funds) For acquisition, construction, installation, and equipment of temporary or permanent public works, installations, facilities, and real property for activities and agencies of the Department of Defense (other than the military departments), as currently authorized by law, $3,707,923,000, to remain available until September 30, 2018: Provided , That such amounts of this appropriation as may be determined by the Secretary of Defense may be transferred to such appropriations of the Department of Defense available for military construction or family housing as the Secretary may designate, to be merged with and to be available for the same purposes, and for the same time period, as the appropriation or fund to which transferred: Provided further , That of the amount appropriated, not to exceed $237,838,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Secretary of Defense determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further , That of the amount appropriated, notwithstanding any other provision of law, $38,513,000 shall be available for payments to the North Atlantic Treaty Organization for the planning, design, and construction of a new North Atlantic Treaty Organization headquarters. Military construction, army national guard For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Army National Guard, and contributions therefor, as authorized by law, $315,815,000, to remain available until September 30, 2018: Provided , That of the amount appropriated, not to exceed $24,005,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Director of the Army National Guard determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor. Military construction, air national guard For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Air National Guard, and contributions therefor, as authorized by law, $107,800,000, to remain available until September 30, 2018: Provided , That of the amount appropriated, not to exceed $13,400,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Director of the Air National Guard determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor. Military construction, army reserve For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Army Reserve as authorized by law, $174,060,000, to remain available until September 30, 2018: Provided , That of the amount appropriated, not to exceed $14,212,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Chief of the Army Reserve determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor. Military construction, navy reserve For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the reserve components of the Navy and Marine Corps as authorized by law, $32,976,000, to remain available until September 30, 2018: Provided , That of the amount appropriated, not to exceed $2,540,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Secretary of Navy determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor. Military construction, air force reserve For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Air Force Reserve as authorized by law, $45,659,000, to remain available until September 30, 2018: Provided , That of the amount appropriated, not to exceed $2,229,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Chief of the Air Force Reserve determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor. North atlantic treaty organization security investment program For the United States share of the cost of the North Atlantic Treaty Organization Security Investment Program for the acquisition and construction of military facilities and installations (including international military headquarters) and for related expenses for the collective defense of the North Atlantic Treaty Area as authorized by section 2806 of title 10, United States Code, and Military Construction Authorization Acts, $199,700,000, to remain available until expended. Family housing construction, army For expenses of family housing for the Army for construction, including acquisition, replacement, addition, expansion, extension, and alteration, as authorized by law, $44,008,000, to remain available until September 30, 2018. Family housing operation and maintenance, army For expenses of family housing for the Army for operation and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law, $512,871,000. Family housing construction, navy and marine corps For expenses of family housing for the Navy and Marine Corps for construction, including acquisition, replacement, addition, expansion, extension, and alteration, as authorized by law, $73,407,000, to remain available until September 30, 2018. Family housing operation and maintenance, navy and marine corps For expenses of family housing for the Navy and Marine Corps for operation and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law, $389,844,000. Family housing construction, air force For expenses of family housing for the Air Force for construction, including acquisition, replacement, addition, expansion, extension, and alteration, as authorized by law, $76,360,000, to remain available until September 30, 2018. Family housing operation and maintenance, air force For expenses of family housing for the Air Force for operation and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law, $388,598,000. Family housing operation and maintenance, defense-Wide For expenses of family housing for the activities and agencies of the Department of Defense (other than the military departments) for operation and maintenance, leasing, and minor construction, as authorized by law, $55,845,000. Department of defense family housing improvement fund For the Department of Defense Family Housing Improvement Fund, $1,780,000, to remain available until expended, for family housing initiatives undertaken pursuant to section 2883 of title 10, United States Code, providing alternative means of acquiring and improving military family housing and supporting facilities. Chemical demilitarization construction, defense-Wide For expenses of construction, not otherwise provided for, necessary for the destruction of the United States stockpile of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 ( 50 U.S.C. 1521 ), and for the destruction of other chemical warfare materials that are not in the chemical weapon stockpile, as currently authorized by law, $122,536,000, to remain available until September 30, 2018, which shall be only for the Assembled Chemical Weapons Alternatives program. Department of defense base closure account For deposit into the Department of Defense Base Closure Account, established by section 2906(a) of the Defense Base Closure and Realignment Act of 1990 ( 10 U.S.C. 2687 note), as amended by section 2711 of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ), $451,357,000, to remain available until expended. Administrative provisions 101. None of the funds made available in this title shall be expended for payments under a cost-plus-a-fixed-fee contract for construction, where cost estimates exceed $25,000, to be performed within the United States, except Alaska, without the specific approval in writing of the Secretary of Defense setting forth the reasons therefor. 102. Funds made available in this title for construction shall be available for hire of passenger motor vehicles. 103. Funds made available in this title for construction may be used for advances to the Federal Highway Administration, Department of Transportation, for the construction of access roads as authorized by section 210 of title 23, United States Code, when projects authorized therein are certified as important to the national defense by the Secretary of Defense. 104. None of the funds made available in this title may be used to begin construction of new bases in the United States for which specific appropriations have not been made. 105. None of the funds made available in this title shall be used for purchase of land or land easements in excess of 100 percent of the value as determined by the Army Corps of Engineers or the Naval Facilities Engineering Command, except: (1) where there is a determination of value by a Federal court; (2) purchases negotiated by the Attorney General or the designee of the Attorney General; (3) where the estimated value is less than $25,000; or (4) as otherwise determined by the Secretary of Defense to be in the public interest. 106. None of the funds made available in this title shall be used to: (1) acquire land; (2) provide for site preparation; or (3) install utilities for any family housing, except housing for which funds have been made available in annual Acts making appropriations for military construction. 107. None of the funds made available in this title for minor construction may be used to transfer or relocate any activity from one base or installation to another, without prior notification to the Committees on Appropriations of both Houses of Congress. 108. None of the funds made available in this title may be used for the procurement of steel for any construction project or activity for which American steel producers, fabricators, and manufacturers have been denied the opportunity to compete for such steel procurement. 109. None of the funds available to the Department of Defense for military construction or family housing during the current fiscal year may be used to pay real property taxes in any foreign nation. 110. None of the funds made available in this title may be used to initiate a new installation overseas without prior notification to the Committees on Appropriations of both Houses of Congress. 111. None of the funds made available in this title may be obligated for architect and engineer contracts estimated by the Government to exceed $500,000 for projects to be accomplished in Japan, in any North Atlantic Treaty Organization member country, or in countries bordering the Arabian Sea, unless such contracts are awarded to United States firms or United States firms in joint venture with host nation firms. 112. None of the funds made available in this title for military construction in the United States territories and possessions in the Pacific and on Kwajalein Atoll, or in countries within the United States Central Command Area of Responsibility, may be used to award any contract estimated by the Government to exceed $1,000,000 to a foreign contractor: Provided , That this section shall not be applicable to contract awards for which the lowest responsive and responsible bid of a United States contractor exceeds the lowest responsive and responsible bid of a foreign contractor by greater than 20 percent: Provided further , That this section shall not apply to contract awards for military construction on Kwajalein Atoll for which the lowest responsive and responsible bid is submitted by a Marshallese contractor. 113. The Secretary of Defense shall inform the appropriate committees of both Houses of Congress, including the Committees on Appropriations, of plans and scope of any proposed military exercise involving United States personnel 30 days prior to its occurring, if amounts expended for construction, either temporary or permanent, are anticipated to exceed $100,000. 114. Funds appropriated to the Department of Defense for construction in prior years shall be available for construction authorized for each such military department by the authorizations enacted into law during the current session of Congress. 115. For military construction or family housing projects that are being completed with funds otherwise expired or lapsed for obligation, expired or lapsed funds may be used to pay the cost of associated supervision, inspection, overhead, engineering and design on those projects and on subsequent claims, if any. 116. Notwithstanding any other provision of law, any funds made available to a military department or defense agency for the construction of military projects may be obligated for a military construction project or contract, or for any portion of such a project or contract, at any time before the end of the fourth fiscal year after the fiscal year for which funds for such project were made available, if the funds obligated for such project: (1) are obligated from funds available for military construction projects; and (2) do not exceed the amount appropriated for such project, plus any amount by which the cost of such project is increased pursuant to law. (including transfer of funds) 117. In addition to any other transfer authority available to the Department of Defense, proceeds deposited to the Department of Defense Base Closure Account established by section 207(a)(1) of the Defense Authorization Amendments and Base Closure and Realignment Act ( 10 U.S.C. 2687 note) pursuant to section 207(a)(2)(C) of such Act, may be transferred to the account established by section 2906(a)(1) of the Defense Base Closure and Realignment Act of 1990 ( 10 U.S.C. 2687 note), to be merged with, and to be available for the same purposes and the same time period as that account. (including transfer of funds) 118. Subject to 30 days prior notification, or 14 days for a notification provided in an electronic medium pursuant to sections 480 and 2883 of title 10, United States Code, to the Committees on Appropriations of both Houses of Congress, such additional amounts as may be determined by the Secretary of Defense may be transferred to: (1) the Department of Defense Family Housing Improvement Fund from amounts appropriated for construction in Family Housing accounts, to be merged with and to be available for the same purposes and for the same period of time as amounts appropriated directly to the Fund; or (2) the Department of Defense Military Unaccompanied Housing Improvement Fund from amounts appropriated for construction of military unaccompanied housing in Military Construction accounts, to be merged with and to be available for the same purposes and for the same period of time as amounts appropriated directly to the Fund: Provided , That appropriations made available to the Funds shall be available to cover the costs, as defined in section 502(5) of the Congressional Budget Act of 1974, of direct loans or loan guarantees issued by the Department of Defense pursuant to the provisions of subchapter IV of chapter 169 of title 10, United States Code, pertaining to alternative means of acquiring and improving military family housing, military unaccompanied housing, and supporting facilities. (including transfer of funds) 119. In addition to any other transfer authority available to the Department of Defense, amounts may be transferred from the accounts established by sections 2906(a)(1) and 2906A(a)(1) of the Defense Base Closure and Realignment Act of 1990 ( 10 U.S.C. 2687 note), to the fund established by section 1013(d) of the Demonstration Cities and Metropolitan Development Act of 1966 ( 42 U.S.C. 3374 ) to pay for expenses associated with the Homeowners Assistance Program incurred under 42 U.S.C. 3374(a)(1)(A) . Any amounts transferred shall be merged with and be available for the same purposes and for the same time period as the fund to which transferred. 120. Notwithstanding any other provision of law, funds made available in this title for operation and maintenance of family housing shall be the exclusive source of funds for repair and maintenance of all family housing units, including general or flag officer quarters: Provided , That not more than $35,000 per unit may be spent annually for the maintenance and repair of any general or flag officer quarters without 30 days prior notification, or 14 days for a notification provided in an electronic medium pursuant to sections 480 and 2883 of title 10, United States Code, to the Committees on Appropriations of both Houses of Congress, except that an after-the-fact notification shall be submitted if the limitation is exceeded solely due to costs associated with environmental remediation that could not be reasonably anticipated at the time of the budget submission: Provided further , That the Under Secretary of Defense (Comptroller) is to report annually to the Committees on Appropriations of both Houses of Congress all operation and maintenance expenditures for each individual general or flag officer quarters for the prior fiscal year. 121. Amounts contained in the Ford Island Improvement Account established by subsection (h) of section 2814 of title 10, United States Code, are appropriated and shall be available until expended for the purposes specified in subsection (i)(1) of such section or until transferred pursuant to subsection (i)(3) of such section. 122. None of the funds made available in this title, or in any Act making appropriations for military construction which remain available for obligation, may be obligated or expended to carry out a military construction, land acquisition, or family housing project at or for a military installation approved for closure, or at a military installation for the purposes of supporting a function that has been approved for realignment to another installation, in 2005 under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510 ; 10 U.S.C. 2687 note), unless such a project at a military installation approved for realignment will support a continuing mission or function at that installation or a new mission or function that is planned for that installation, or unless the Secretary of Defense certifies that the cost to the United States of carrying out such project would be less than the cost to the United States of cancelling such project, or if the project is at an active component base that shall be established as an enclave or in the case of projects having multi-agency use, that another Government agency has indicated it will assume ownership of the completed project. The Secretary of Defense may not transfer funds made available as a result of this limitation from any military construction project, land acquisition, or family housing project to another account or use such funds for another purpose or project without the prior approval of the Committees on Appropriations of both Houses of Congress. This section shall not apply to military construction projects, land acquisition, or family housing projects for which the project is vital to the national security or the protection of health, safety, or environmental quality: Provided , That the Secretary of Defense shall notify the congressional defense committees within seven days of a decision to carry out such a military construction project. (including transfer of funds) 123. During the 5-year period after appropriations available in this Act to the Department of Defense for military construction and family housing operation and maintenance and construction have expired for obligation, upon a determination that such appropriations will not be necessary for the liquidation of obligations or for making authorized adjustments to such appropriations for obligations incurred during the period of availability of such appropriations, unobligated balances of such appropriations may be transferred into the appropriation Foreign Currency Fluctuations, Construction, Defense , to be merged with and to be available for the same time period and for the same purposes as the appropriation to which transferred. 124. None of the funds made available by this Act may be used for any action that relates to or promotes the expansion of the boundaries or size of the Pinon Canyon Maneuver Site, Colorado. 125. (a) Except as provided in subsection (b), none of the funds made available in this Act may be used by the Secretary of the Army to relocate a unit in the Army that— (1) performs a testing mission or function that is not performed by any other unit in the Army and is specifically stipulated in title 10, United States Code; and (2) is located at a military installation at which the total number of civilian employees of the Department of the Army and Army contractor personnel employed exceeds 10 percent of the total number of members of the regular and reserve components of the Army assigned to the installation. (b) Exception Subsection (a) shall not apply if the Secretary of the Army certifies to the congressional defense committees that in proposing the relocation of the unit of the Army, the Secretary complied with Army Regulation 5–10 relating to the policy, procedures, and responsibilities for Army stationing actions. (including rescission of funds) 126. Of the unobligated balances available for Military Construction, Army , from prior appropriations Acts (other than appropriations designated by law as being for contingency operations directly related to the global war on terrorism or as an emergency requirement), $89,000,000 are hereby rescinded. (including rescission of funds) 127. Of the unobligated balances available for Military Construction, Navy and Marine Corps , from prior appropriations Acts (other than appropriations designated by law as being for contingency operations directly related to the global war on terrorism or as an emergency requirement), $49,920,000 are hereby rescinded. (including rescission of funds) 128. Of the unobligated balances available for Military Construction, Defense-Wide , from prior appropriations Acts (other than appropriations designated by law as being for contingency operations directly related to the global war on terrorism or as an emergency requirement), $358,400,000 are hereby rescinded. (including rescission of funds) 129. Of the unobligated balances available for Military Construction, Army , from prior appropriations Acts (other than appropriations designated by law as being for contingency operations directly related to the global war on terrorism or as an emergency requirement), $50,000,000 are hereby rescinded. (including rescission of funds) 130. Of the unobligated balances available for Military Construction, Defense-Wide , from prior appropriations Acts (other than appropriations designated by law as being for contingency operations directly related to the global war on terrorism or as an emergency requirement), $16,470,000 are hereby rescinded. (including rescission of funds) 131. Of the unobligated balances available for Military Construction, Air National Guard , from prior appropriations Acts (other than appropriations designated by law as being for contingency operations directly related to the global war on terrorism or as an emergency requirement), $45,623,000 are hereby rescinded. (including rescission of funds) 132. Of the unobligated balances made available in prior appropriation Acts for the fund established in section 1013(d) of the Demonstration Cities and Metropolitan Development Act of 1966 ( 42 U.S.C. 3374 ) (other than appropriations designated by law as being for contingency operations directly related to the global war on terrorism or as an emergency requirement), $50,000,000 are hereby rescinded. 133. Discretionary appropriations in this title are hereby reduced by $4,668,000. 134. Notwithstanding section 116, the Secretary of Army may obligate from any available military construction funds such additional funds that the Secretary determines are necessary to complete the Explosive Research and Development Loading Facility, Picatinny Arsenal, New Jersey. 135. For an additional amount for “Military Construction, Navy and Marine Corps”, $75,000,000, to remain available until September 30, 2018: Provided , That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and construction of projects that (1) are of critical importance to the Armed Forces, (2) will be conducted within the 50 States, and (3) were contained in the fiscal year 2014 portion of the future-years defense program submitted to Congress under section 221 of title 10, United States Code, for fiscal years 2013 through 2017 and are also contained in the fiscal year 2015 portion of the future-years defense program submitted under such section for fiscal years 2014 through 2018: Provided further , That not later than 30 days after the date of enactment of this Act, the Secretary of Defense shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this heading. II Department of veterans affairs Veterans benefits administration Compensation and pensions (including transfer of funds) For the payment of compensation benefits to or on behalf of veterans and a pilot program for disability examinations as authorized by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38, United States Code; pension benefits to or on behalf of veterans as authorized by chapters 15, 51, 53, 55, and 61 of title 38, United States Code; and burial benefits, the Reinstated Entitlement Program for Survivors, emergency and other officers' retirement pay, adjusted-service credits and certificates, payment of premiums due on commercial life insurance policies guaranteed under the provisions of title IV of the Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) and for other benefits as authorized by sections 107, 1312, 1977, and 2106, and chapters 23, 51, 53, 55, and 61 of title 38, United States Code, $71,248,171,000, to remain available until expended: Provided , That not to exceed $9,232,000 of the amount appropriated under this heading shall be reimbursed to General Operating Expenses, Veterans Benefits Administration and Information Technology Systems for necessary expenses in implementing the provisions of chapters 51, 53, and 55 of title 38, United States Code, the funding source for which is specifically provided as the Compensation and Pensions appropriation: Provided further , That such sums as may be earned on an actual qualifying patient basis, shall be reimbursed to Medical Care Collections Fund to augment the funding of individual medical facilities for nursing home care provided to pensioners as authorized. Readjustment benefits For the payment of readjustment and rehabilitation benefits to or on behalf of veterans as authorized by chapters 21, 30, 31, 33, 34, 35, 36, 39, 41, 51, 53, 55, and 61 of title 38, United States Code, and for the payment of benefits under the Veterans Retraining Assistance Program, $13,135,898,000, to remain available until expended: Provided , That expenses for rehabilitation program services and assistance which the Secretary is authorized to provide under subsection (a) of section 3104 of title 38, United States Code, other than under paragraphs (1), (2), (5), and (11) of that subsection, shall be charged to this account. Veterans insurance and indemnities For military and naval insurance, national service life insurance, servicemen's indemnities, service-disabled veterans insurance, and veterans mortgage life insurance as authorized by chapters 19 and 21, title 38, United States Code, $77,567,000, to remain available until expended. Veterans housing benefit program fund For the cost of direct and guaranteed loans, such sums as may be necessary to carry out the program, as authorized by subchapters I through III of chapter 37 of title 38, United States Code: Provided , That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further , That during fiscal year 2014, within the resources available, not to exceed $500,000 in gross obligations for direct loans are authorized for specially adapted housing loans. In addition, for administrative expenses to carry out the direct and guaranteed loan programs, $158,430,000. Vocational rehabilitation loans program account For the cost of direct loans, $5,000, as authorized by chapter 31 of title 38, United States Code: Provided , That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further , That funds made available under this heading are available to subsidize gross obligations for the principal amount of direct loans not to exceed $2,500,000. In addition, for administrative expenses necessary to carry out the direct loan program, $354,000, which may be paid to the appropriation for General Operating Expenses, Veterans Benefits Administration . Native american veteran housing loan program account For administrative expenses to carry out the direct loan program authorized by subchapter V of chapter 37 of title 38, United States Code, $1,109,000. Veterans health administration Medical services For necessary expenses for furnishing, as authorized by law, inpatient and outpatient care and treatment to beneficiaries of the Department of Veterans Affairs and veterans described in section 1705(a) of title 38, United States Code, including care and treatment in facilities not under the jurisdiction of the Department, and including medical supplies and equipment, bioengineering services, food services, and salaries and expenses of health care employees hired under title 38, United States Code, aid to State homes as authorized by section 1741 of title 38, United States Code, assistance and support services for caregivers as authorized by section 1720G of title 38, United States Code, loan repayments authorized by section 604 of the Caregivers and Veterans Omnibus Health Services Act of 2010 ( Public Law 111–163 ; 124 Stat. 1174; 38 U.S.C. 7681 note), and hospital care and medical services authorized by section 1787 of title 38, United States Code, $45,015,527,000, plus reimbursements, shall become available on October 1, 2014, and shall remain available until September 30, 2015: Provided , That notwithstanding any other provision of law, the Secretary of Veterans Affairs shall establish a priority for the provision of medical treatment for veterans who have service-connected disabilities, lower income, or have special needs: Provided further , That notwithstanding any other provision of law, the Secretary of Veterans Affairs shall give priority funding for the provision of basic medical benefits to veterans in enrollment priority groups 1 through 6: Provided further , That notwithstanding any other provision of law, the Secretary of Veterans Affairs may authorize the dispensing of prescription drugs from Veterans Health Administration facilities to enrolled veterans with privately written prescriptions based on requirements established by the Secretary: Provided further , That the implementation of the program described in the previous proviso shall incur no additional cost to the Department of Veterans Affairs. Medical support and compliance For necessary expenses in the administration of the medical, hospital, nursing home, domiciliary, construction, supply, and research activities, as authorized by law; administrative expenses in support of capital policy activities; and administrative and legal expenses of the Department for collecting and recovering amounts owed the Department as authorized under chapter 17 of title 38, United States Code, and the Federal Medical Care Recovery Act ( 42 U.S.C. 2651 et seq. ), $5,879,700,000, plus reimbursements, shall become available on October 1, 2014, and shall remain available until September 30, 2015. Medical facilities For necessary expenses for the maintenance and operation of hospitals, nursing homes, domiciliary facilities, and other necessary facilities of the Veterans Health Administration; for administrative expenses in support of planning, design, project management, real property acquisition and disposition, construction, and renovation of any facility under the jurisdiction or for the use of the Department; for oversight, engineering, and architectural activities not charged to project costs; for repairing, altering, improving, or providing facilities in the several hospitals and homes under the jurisdiction of the Department, not otherwise provided for, either by contract or by the hire of temporary employees and purchase of materials; for leases of facilities; and for laundry services, $4,739,000,000, plus reimbursements, shall become available on October 1, 2014, and shall remain available until September 30, 2015. Medical and prosthetic research For necessary expenses in carrying out programs of medical and prosthetic research and development as authorized by chapter 73 of title 38, United States Code, $585,664,000, plus reimbursements, shall remain available until September 30, 2015. National cemetery administration For necessary expenses of the National Cemetery Administration for operations and maintenance, not otherwise provided for, including uniforms or allowances therefor; cemeterial expenses as authorized by law; purchase of one passenger motor vehicle for use in cemeterial operations; hire of passenger motor vehicles; and repair, alteration or improvement of facilities under the jurisdiction of the National Cemetery Administration, $250,000,000, of which not to exceed $25,000,000 shall remain available until September 30, 2015. Departmental administration General administration (including transfer of funds) For necessary operating expenses of the Department of Veterans Affairs, not otherwise provided for, including administrative expenses in support of Department-Wide capital planning, management and policy activities, uniforms, or allowances therefor; not to exceed $25,000 for official reception and representation expenses; hire of passenger motor vehicles; and reimbursement of the General Services Administration for security guard services, $403,023,000, of which not to exceed $20,151,000 shall remain available until September 30, 2015: Provided , That funds provided under this heading may be transferred to General Operating Expenses, Veterans Benefits Administration . General operating expenses, veterans benefits administration For necessary operating expenses of the Veterans Benefits Administration, not otherwise provided for, including hire of passenger motor vehicles, reimbursement of the General Services Administration for security guard services, and reimbursement of the Department of Defense for the cost of overseas employee mail, $2,455,490,000: Provided , That expenses for services and assistance authorized under paragraphs (1), (2), (5), and (11) of section 3104(a) of title 38, United States Code, that the Secretary of Veterans Affairs determines are necessary to enable entitled veterans: (1) to the maximum extent feasible, to become employable and to obtain and maintain suitable employment; or (2) to achieve maximum independence in daily living, shall be charged to this account: Provided further , That of the funds made available under this heading, not to exceed $123,000,000 shall remain available until September 30, 2015. Information technology systems (including transfer of funds) For necessary expenses for information technology systems and telecommunications support, including developmental information systems and operational information systems; for pay and associated costs; and for the capital asset acquisition of information technology systems, including management and related contractual costs of said acquisitions, including contractual costs associated with operations authorized by section 3109 of title 5, United States Code, $3,683,344,000, plus reimbursements: Provided , That $1,026,400,000 shall be for pay and associated costs, of which not to exceed $30,792,000 shall remain available until September 30, 2015: Provided further , That $2,161,653,000 shall be for operations and maintenance, of which not to exceed $151,316,000 shall remain available until September 30, 2015: Provided further , That $495,291,000 shall be for information technology systems development, modernization, and enhancement, and shall remain available until September 30, 2015: Provided further , That amounts made available for information technology systems development, modernization, and enhancement may not be obligated or expended until the Secretary of Veterans Affairs or the Chief Information Officer of the Department of Veterans Affairs submits to the Committees on Appropriations of both Houses of Congress a certification of the amounts, in parts or in full, to be obligated and expended for each development project: Provided further, That amounts made available for salaries and expenses, operations and maintenance, and information technology systems development, modernization, and enhancement may be transferred among the three sub-accounts after the Secretary of Veterans Affairs requests from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and an approval is issued: Provided further , That amounts made available for the Information Technology Systems account for development, modernization, and enhancement may be transferred among projects or to newly defined projects: Provided further , That no project may be increased or decreased by more than $1,000,000 of cost prior to submitting a request to the Committees on Appropriations of both Houses of Congress to make the transfer and an approval is issued, or absent a response, a period of 30 days has elapsed: Provided further , That none of the funds made available under this Act may be obligated or expended for the development or procurement of an electronic health record unless the health record will be a single, joint, common, integrated health record with an open architecture that will be used by both the Department of Veterans Affairs and the Department of Defense: Provided further , That funds made available for such an integrated electronic health record may not be obligated or expended until the Secretaries of the Departments of Defense and Veterans Affairs jointly certify in writing to the Committees on Appropriations of both Houses of Congress that the proposed integrated electronic health record will be the sole electronic health record system used by each Department and that it meets the requirements established in the previous proviso: Provided further , That not more than 25 percent of the funds made available for the integrated electronic health record may be obligated or expended until: (1) the Government Accountability Office confirms to the Committees, after reviewing the Secretaries’ certification, that the proposed integrated electronic health record system does in fact meet the requirements established in this paragraph; and (2) the Secretaries of the Departments of Defense and Veterans Affairs submit to the Committees, and such Committees approve, a plan for expenditure that: (A) defines the budget and cost baseline for development and procurement of the integrated electronic health record; (B) identifies the deployment timeline for the system for both Departments and the performance benchmarks for deployment; and (C) identifies annual and total spending on such efforts for each Department: Provided further , That the funds made available under this heading for information technology systems development, modernization, and enhancement, shall be for the projects, and in the amounts, specified under this heading in the report accompanying this Act.   Office of inspector general For necessary expenses of the Office of Inspector General, to include information technology, in carrying out the provisions of the Inspector General Act of 1978 (5 U.S.C. App.), $116,411,000, of which $6,000,000 shall remain available until September 30, 2015. Construction, major projects For constructing, altering, extending, and improving any of the facilities, including parking projects, under the jurisdiction or for the use of the Department of Veterans Affairs, or for any of the purposes set forth in sections 316, 2404, 2406, and chapter 81 of title 38, United States Code, not otherwise provided for, including planning, architectural and engineering services, construction management services, maintenance or guarantee period services costs associated with equipment guarantees provided under the project, services of claims analysts, offsite utility and storm drainage system construction costs, and site acquisition, where the estimated cost of a project is more than the amount set forth in section 8104(a)(3)(A) of title 38, United States Code, or where funds for a project were made available in a previous major project appropriation, $342,130,000, of which $322,130,000 shall remain available until September 30, 2018, and of which $20,000,000 shall remain available until expended: Provided further , That except for advance planning activities, including needs assessments which may or may not lead to capital investments, and other capital asset management related activities, including portfolio development and management activities, and investment strategy studies funded through the advance planning fund and the planning and design activities funded through the design fund, including needs assessments which may or may not lead to capital investments, and salaries and associated costs of the resident engineers who oversee those capital investments funded through this account, and funds provided for the purchase of land for the National Cemetery Administration through the land acquisition line item, none of the funds made available under this heading shall be used for any project which has not been approved by the Congress in the budgetary process: Provided further , That funds made available under this heading for fiscal year 2014, for each approved project shall be obligated: (1) by the awarding of a construction documents contract by September 30, 2014; and (2) by the awarding of a construction contract by September 30, 2015: Provided further , That the Secretary of Veterans Affairs shall promptly submit to the Committees on Appropriations of both Houses of Congress a written report on any approved major construction project for which obligations are not incurred within the time limitations established above. Construction, minor projects For constructing, altering, extending, and improving any of the facilities, including parking projects, under the jurisdiction or for the use of the Department of Veterans Affairs, including planning and assessments of needs which may lead to capital investments, architectural and engineering services, maintenance or guarantee period services costs associated with equipment guarantees provided under the project, services of claims analysts, offsite utility and storm drainage system construction costs, and site acquisition, or for any of the purposes set forth in sections 316, 2404, 2406, and chapter 81 of title 38, United States Code, not otherwise provided for, where the estimated cost of a project is equal to or less than the amount set forth in section 8104(a)(3)(A) of title 38, United States Code, $714,870,000, to remain available until September 30, 2018, along with unobligated balances of previous Construction, Minor Projects appropriations which are hereby made available for any project where the estimated cost is equal to or less than the amount set forth in such section: Provided , That funds made available under this heading shall be for: (1) repairs to any of the nonmedical facilities under the jurisdiction or for the use of the Department which are necessary because of loss or damage caused by any natural disaster or catastrophe; and (2) temporary measures necessary to prevent or to minimize further loss by such causes. Grants for construction of state extended care facilities For grants to assist States to acquire or construct State nursing home and domiciliary facilities and to remodel, modify, or alter existing hospital, nursing home, and domiciliary facilities in State homes, for furnishing care to veterans as authorized by sections 8131 through 8137 of title 38, United States Code, $82,650,000, to remain available until expended. Grants for construction of veterans cemeteries For grants to assist States and tribal organizations in establishing, expanding, or improving veterans cemeteries as authorized by section 2408 of title 38, United States Code, $44,650,000, to remain available until expended. Administrative provisions (including transfer of funds) 201. Any appropriation for fiscal year 2014 for Compensation and Pensions , Readjustment Benefits , and Veterans Insurance and Indemnities may be transferred as necessary to any other of the mentioned appropriations: Provided , That before a transfer may take place, the Secretary of Veterans Affairs shall request from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and such Committees issue an approval, or absent a response, a period of 30 days has elapsed. (including transfer of funds) 202. Amounts made available for the Department of Veterans Affairs for fiscal year 2014, in this Act or any other Act, under the Medical Services , Medical Support and Compliance , and Medical Facilities accounts may be transferred among the accounts: Provided , That any transfers between the Medical Services and Medical Support and Compliance accounts of 1 percent or less of the total amount appropriated to the account in this or any other Act may take place subject to notification from the Secretary of Veterans Affairs to the Committees on Appropriations of both Houses of Congress of the amount and purpose of the transfer: Provided further, That any transfers between the Medical Services and Medical Support and Compliance accounts in excess of 1 percent, or exceeding the cumulative 1 percent for the fiscal year, may take place only after the Secretary requests from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and an approval is issued: Provided further, That any transfers to or from the Medical Facilities account may take place only after the Secretary requests from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and an approval is issued. 203. Appropriations available in this title for salaries and expenses shall be available for services authorized by section 3109 of title 5, United States Code; hire of passenger motor vehicles; lease of a facility or land or both; and uniforms or allowances therefore, as authorized by sections 5901 through 5902 of title 5, United States Code. 204. No appropriations in this title (except the appropriations for Construction, Major Projects and Construction, Minor Projects ) shall be available for the purchase of any site for or toward the construction of any new hospital or home. 205. No appropriations in this title shall be available for hospitalization or examination of any persons (except beneficiaries entitled to such hospitalization or examination under the laws providing such benefits to veterans, and persons receiving such treatment under sections 7901 through 7904 of title 5, United States Code, or the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. )), unless reimbursement of the cost of such hospitalization or examination is made to the Medical Services account at such rates as may be fixed by the Secretary of Veterans Affairs. 206. Appropriations available in this title for Compensation and Pensions , Readjustment Benefits , and Veterans Insurance and Indemnities shall be available for payment of prior year accrued obligations required to be recorded by law against the corresponding prior year accounts within the last quarter of fiscal year 2013. 207. Appropriations available in this title shall be available to pay prior year obligations of corresponding prior year appropriations accounts resulting from sections 3328(a), 3334, and 3712(a) of title 31, United States Code, except that if such obligations are from trust fund accounts they shall be payable only from Compensation and Pensions . (including transfer of funds) 208. Notwithstanding any other provision of law, during fiscal year 2014, the Secretary of Veterans Affairs shall, from the National Service Life Insurance Fund under section 1920 of title 38, United States Code, the Veterans' Special Life Insurance Fund under section 1923 of title 38, United States Code, and the United States Government Life Insurance Fund under section 1955 of title 38, United States Code, reimburse the General Operating Expenses, Veterans Benefits Administration and Information Technology Systems accounts for the cost of administration of the insurance programs financed through those accounts: Provided , That reimbursement shall be made only from the surplus earnings accumulated in such an insurance program during fiscal year 2014 that are available for dividends in that program after claims have been paid and actuarially determined reserves have been set aside: Provided further , That if the cost of administration of such an insurance program exceeds the amount of surplus earnings accumulated in that program, reimbursement shall be made only to the extent of such surplus earnings: Provided further , That the Secretary shall determine the cost of administration for fiscal year 2014 which is properly allocable to the provision of each such insurance program and to the provision of any total disability income insurance included in that insurance program. 209. Amounts deducted from enhanced-use lease proceeds to reimburse an account for expenses incurred by that account during a prior fiscal year for providing enhanced-use lease services, may be obligated during the fiscal year in which the proceeds are received. (including transfer of funds) 210. Funds available in this title or funds for salaries and other administrative expenses shall also be available to reimburse the Office of Resolution Management of the Department of Veterans Affairs and the Office of Employment Discrimination Complaint Adjudication under section 319 of title 38, United States Code, for all services provided at rates which will recover actual costs but not exceed $42,904,000 for the Office of Resolution Management and $3,360,000 for the Office of Employment and Discrimination Complaint Adjudication: Provided , That payments may be made in advance for services to be furnished based on estimated costs: Provided further , That amounts received shall be credited to the General Administration and Information Technology Systems accounts for use by the office that provided the service. 211. No appropriations in this title shall be available to enter into any new lease of real property if the estimated annual rental cost is more than $1,000,000, unless the Secretary submits a report which the Committees on Appropriations of both Houses of Congress approve within 30 days following the date on which the report is received. 212. No funds of the Department of Veterans Affairs shall be available for hospital care, nursing home care, or medical services provided to any person under chapter 17 of title 38, United States Code, for a non-service-connected disability described in section 1729(a)(2) of such title, unless that person has disclosed to the Secretary of Veterans Affairs, in such form as the Secretary may require, current, accurate third-party reimbursement information for purposes of section 1729 of such title: Provided , That the Secretary may recover, in the same manner as any other debt due the United States, the reasonable charges for such care or services from any person who does not make such disclosure as required: Provided further , That any amounts so recovered for care or services provided in a prior fiscal year may be obligated by the Secretary during the fiscal year in which amounts are received. (including transfer of funds) 213. Notwithstanding any other provision of law, proceeds or revenues derived from enhanced-use leasing activities (including disposal) may be deposited into the Construction, Major Projects and Construction, Minor Projects accounts and be used for construction (including site acquisition and disposition), alterations, and improvements of any medical facility under the jurisdiction or for the use of the Department of Veterans Affairs. Such sums as realized are in addition to the amount provided for in Construction, Major Projects and Construction, Minor Projects . 214. Amounts made available under Medical Services are available— (1) for furnishing recreational facilities, supplies, and equipment; and (2) for funeral expenses, burial expenses, and other expenses incidental to funerals and burials for beneficiaries receiving care in the Department. (including transfer of funds) 215. Such sums as may be deposited to the Medical Care Collections Fund pursuant to section 1729A of title 38, United States Code, may be transferred to Medical Services , to remain available until expended for the purposes of that account. 216. The Secretary of Veterans Affairs may enter into agreements with Indian tribes and tribal organizations which are party to the Alaska Native Health Compact with the Indian Health Service, and Indian tribes and tribal organizations serving rural Alaska which have entered into contracts with the Indian Health Service under the Indian Self Determination and Educational Assistance Act, to provide healthcare, including behavioral health and dental care. The Secretary shall require participating veterans and facilities to comply with all appropriate rules and regulations, as established by the Secretary. The term rural Alaska shall mean those lands sited within the external boundaries of the Alaska Native regions specified in sections 7(a)(1)–(4) and (7)–(12) of the Alaska Native Claims Settlement Act, as amended ( 43 U.S.C. 1606 ), and those lands within the Alaska Native regions specified in sections 7(a)(5) and 7(a)(6) of the Alaska Native Claims Settlement Act, as amended ( 43 U.S.C. 1606 ), which are not within the boundaries of the Municipality of Anchorage, the Fairbanks North Star Borough, the Kenai Peninsula Borough or the Matanuska Susitna Borough. (including transfer of funds) 217. Such sums as may be deposited to the Department of Veterans Affairs Capital Asset Fund pursuant to section 8118 of title 38, United States Code, may be transferred to the Construction, Major Projects and Construction, Minor Projects accounts, to remain available until expended for the purposes of these accounts. 218. None of the funds made available in this title may be used to implement any policy prohibiting the Directors of the Veterans Integrated Services Networks from conducting outreach or marketing to enroll new veterans within their respective Networks. 219. The Secretary of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress a quarterly report on the financial status of the Veterans Health Administration. (including transfer of funds) 220. Amounts made available under the Medical Services , Medical Support and Compliance , Medical Facilities , General Operating Expenses, Veterans Benefits Administration , General Administration , and National Cemetery Administration accounts for fiscal year 2014 may be transferred to or from the Information Technology Systems account: Provided , That before a transfer may take place, the Secretary of Veterans Affairs shall request from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and an approval is issued. 221. Of the amounts made available to the Department of Veterans Affairs for fiscal year 2014, in this Act or any other Act, under the Medical Facilities account for nonrecurring maintenance, not more than 20 percent of the funds made available shall be obligated during the last 2 months of that fiscal year: Provided , That the Secretary may waive this requirement after providing written notice to the Committees on Appropriations of both Houses of Congress. (including transfer of funds) 222. Of the amounts appropriated to the Department of Veterans Affairs for fiscal year 2014 for Medical Services , Medical Support and Compliance , Medical Facilities , Construction, Minor Projects , and Information Technology Systems , up to $254,257,000, plus reimbursements, may be transferred to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund, established by section 1704 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 3571) and may be used for operation of the facilities designated as combined Federal medical facilities as described by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4500): Provided , That additional funds may be transferred from accounts designated in this section to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund upon written notification by the Secretary of Veterans Affairs to the Committees on Appropriations of both Houses of Congress. (including transfer of funds) 223. Such sums as may be deposited to the Medical Care Collections Fund pursuant to section 1729A of title 38, United States Code, for health care provided at facilities designated as combined Federal medical facilities as described by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4500) shall also be available: (1) for transfer to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund, established by section 1704 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 3571); and (2) for operations of the facilities designated as combined Federal medical facilities as described by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4500). (including transfer of funds) 224. Of the amounts available in this title for Medical Services , Medical Support and Compliance , and Medical Facilities , a minimum of $15,000,000, shall be transferred to the DOD–VA Health Care Sharing Incentive Fund, as authorized by section 8111(d) of title 38, United States Code, to remain available until expended, for any purpose authorized by section 8111 of title 38, United States Code. (including rescissions of funds) 225. (a) Of the discretionary funds made available to the Department of Veterans Affairs for fiscal year 2014, the following amounts which became available on October 1, 2013, are hereby rescinded from the following accounts in the amounts specified: (1) Department of Veterans Affairs, Medical Services , $1,400,000,000. (2) Department of Veterans Affairs, Medical Support and Compliance , $100,000,000. (3) Department of Veterans Affairs, Medical Facilities , $250,000,000. (b) In addition to amounts provided elsewhere in this Act, an additional amount is appropriated to the following accounts in the amounts specified to remain available until September 30, 2015: (1) Department of Veterans Affairs, Medical Services , $1,400,000,000. (2) Department of Veterans Affairs, Medical Support and Compliance , $100,000,000. (3) Department of Veterans Affairs, Medical Facilities , $250,000,000. 226. The Secretary of the Department of Veterans Affairs shall notify the Committees on Appropriations of both Houses of Congress of all bid savings in major construction projects that total at least $5,000,000, or 5 percent of the programmed amount of the project, whichever is less: Provided , That such notification shall occur within 14 days of a contract identifying the programmed amount: Provided further , That the Secretary shall notify the Committees on Appropriations of both Houses of Congress 14 days prior to the obligation of such bid savings and shall describe the anticipated use of such savings. 227. The scope of work for a project included in Construction, Major Projects may not be increased above the scope specified for that project in the original justification data provided to the Congress as part of the request for appropriations. 228. The Secretary of the Department of Veterans Affairs shall provide on a quarterly basis to the Committees on Appropriations of both Houses of Congress notification of any single national outreach and awareness marketing campaign in which obligations exceed $2,000,000. 229. The Secretary shall submit to the Committees on Appropriations of both Houses of Congress a reprogramming request if at any point during fiscal year 2014, the funding allocated for a medical care initiative identified in the fiscal year 2014 expenditure plan is adjusted by more than $25,000,000 from the allocation shown in the corresponding congressional budget justification. Such a reprogramming request may go forward only if the Committees on Appropriations of both Houses of Congress approve the request or if a period of 14 days has elapsed. (including rescission of funds) 230. Discretionary fiscal year 2014 appropriations in this title are hereby reduced by $24,000,000: Provided , That the Secretary of Veterans Affairs shall allocate this reduction within the accounts to which the reduction is applied: Provided further , That $156,000,000 are hereby rescinded from the fiscal year 2014 funds appropriated in title II of division E of Public Law 113–6 for “Department of Veterans Affairs, Medical Services”, “Department of Veterans Affairs, Medical Support and Compliance”, and “Department of Veterans Affairs, Medical Facilities”: Provided further , That the Secretary shall allocate this rescission among the three accounts. III Related agencies American battle monuments commission Salaries and expenses For necessary expenses, not otherwise provided for, of the American Battle Monuments Commission, including the acquisition of land or interest in land in foreign countries; purchases and repair of uniforms for caretakers of national cemeteries and monuments outside of the United States and its territories and possessions; rent of office and garage space in foreign countries; purchase (one-for-one replacement basis only) and hire of passenger motor vehicles; not to exceed $7,500 for official reception and representation expenses; and insurance of official motor vehicles in foreign countries, when required by law of such countries, $57,980,000, to remain available until expended. Foreign currency fluctuations account For necessary expenses, not otherwise provided for, of the American Battle Monuments Commission, such sums as may be necessary, to remain available until expended, for purposes authorized by section 2109 of title 36, United States Code. United states court of appeals for veterans claims Salaries and expenses For necessary expenses for the operation of the United States Court of Appeals for Veterans Claims as authorized by sections 7251 through 7298 of title 38, United States Code, $35,272,000: Provided , That $2,500,000 shall be available for the purpose of providing financial assistance as described, and in accordance with the process and reporting procedures set forth, under this heading in Public Law 102–229 . Department of defense—Civil Cemeterial expenses, Army Salaries and expenses For necessary expenses, as authorized by law, for maintenance, operation, and improvement of Arlington National Cemetery and Soldiers' and Airmen's Home National Cemetery, including the purchase or lease of passenger motor vehicles for replacement on a one-for-one basis only, and not to exceed $1,000 for official reception and representation expenses, $70,685,000. In addition, such sums as may be necessary for parking maintenance, repairs and replacement, to be derived from the Lease of Department of Defense Real Property for Defense Agencies account. Armed forces retirement home Trust fund For expenses necessary for the Armed Forces Retirement Home to operate and maintain the Armed Forces Retirement Home—Washington, District of Columbia, and the Armed Forces Retirement Home—Gulfport, Mississippi, to be paid from funds available in the Armed Forces Retirement Home Trust Fund, $67,400,000, of which $1,000,000 shall remain available until expended for construction and renovation of the physical plants at the Armed Forces Retirement Home—Washington, District of Columbia, and the Armed Forces Retirement Home—Gulfport, Mississippi. Administrative provision 301. Funds appropriated in this Act under the heading Department of Defense—Civil, Cemeterial Expenses, Army , may be provided to Arlington County, Virginia, for the relocation of the federally owned water main at Arlington National Cemetery, making additional land available for ground burials. IV General provisions 401. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 402. None of the funds made available in this Act may be used for any program, project, or activity, when it is made known to the Federal entity or official to which the funds are made available that the program, project, or activity is not in compliance with any Federal law relating to risk assessment, the protection of private property rights, or unfunded mandates. 403. No part of any funds appropriated in this Act shall be used by an agency of the executive branch, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, and for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or film presentation designed to support or defeat legislation pending before Congress, except in presentation to Congress itself. 404. All departments and agencies funded under this Act are encouraged, within the limits of the existing statutory authorities and funding, to expand their use of E-Commerce technologies and procedures in the conduct of their business practices and public service activities. 405. Unless stated otherwise, all reports and notifications required by this Act shall be submitted to the Subcommittee on Military Construction and Veterans Affairs, and Related Agencies of the Committee on Appropriations of the House of Representatives and the Subcommittee on Military Construction and Veterans Affairs, and Related Agencies of the Committee on Appropriations of the Senate. 406. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government except pursuant to a transfer made by, or transfer authority provided in, this or any other appropriations Act. 407. None of the funds made available in this Act may be used for a project or program named for an individual serving as a Member, Delegate, or Resident Commissioner of the United States House of Representatives. 408. (a) Any agency receiving funds made available in this Act, shall, subject to subsections (b) and (c), post on the public website of that agency any report required to be submitted by the Congress in this or any other Act, upon the determination by the head of the agency that it shall serve the national interest. (b) Subsection (a) shall not apply to a report if— (1) the public posting of the report compromises national security; or (2) the report contains confidential or proprietary information. (c) The head of the agency posting such report shall do so only after such report has been made available to the requesting Committee or Committees of Congress for no less than 45 days. 409. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. 410. None of the funds made available in this Act may be distributed to the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries or successors. 411. None of the funds made available in this Act may be used by an agency of the executive branch to exercise the power of eminent domain (to take the private property for public use) without the payment of just compensation. 412. None of the funds made available in this Act may be used by an agency of the executive branch to pay for first-class travel by an employee of the agency in contravention of sections 301–10.122 through 301–10.124 of title 41, Code of Federal Regulations. 413. (a) In General None of the funds appropriated or otherwise made available to the Department of Defense in this Act may be used to construct, renovate, or expand any facility in the United States, its territories, or possessions to house any individual detained at United States Naval Station, Guantanamo Bay, Cuba, for the purposes of detention or imprisonment in the custody or under the control of the Department of Defense. (b) The prohibition in subsection (a) shall not apply to any modification of facilities at United States Naval Station, Guantanamo Bay, Cuba. (c) An individual described in this subsection is any individual who, as of June 24, 2009, is located at United States Naval Station, Guantanamo Bay, Cuba, and who— (1) is not a citizen of the United States or a member of the Armed Forces of the United States; and (2) is— (A) in the custody or under the effective control of the Department of Defense; or (B) otherwise under detention at United States Naval Station, Guantanamo Bay, Cuba. 414. None of the funds made available in this Act may be used to execute a contract for goods or services, including construction services, where the contractor has not complied with Executive Order No. 12989. 415. None of the funds made available by this Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government. 416. None of the funds made available by this Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government. 417. None of the funds made available in this Act may be used to wind down or otherwise alter the implementation of a program, project, or activity in anticipation of any change (including any elimination or reduction of funding) proposed in a budget request, until such proposed change is subsequently enacted in an appropriation Act. Spending reduction account 418. The amount by which the applicable allocation of new budget authority made by the Committee on Appropriations of the House of Representatives under section 302(b) of the Congressional Budget Act of 1974 exceeds the amount of proposed new budget authority is $0. This Act may be cited as the Military Construction and Veterans Affairs, and Related Agencies Appropriations Act, 2014 . May 28, 2013 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

https://www.govinfo.gov/content/pkg/BILLS-113hr2216rh/xml/BILLS-113hr2216rh.xml

113-hr-2217

IB Union Calendar No. 64 113th CONGRESS 1st Session H. R. 2217 [Report No. 113–91] IN THE HOUSE OF REPRESENTATIVES May 29, 2013 Mr. Carter, from the Committee on Appropriations , reported the following bill; which was committed to the Committee of the Whole House on the State of the Union and ordered to be printed A BILL Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2014, and for other purposes. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of Homeland Security for the fiscal year ending September 30, 2014, and for other purposes, namely: I Departmental management and operations Departmental operations Office of the secretary and executive management For necessary expenses of the Office of the Secretary of Homeland Security, as authorized by section 102 of the Homeland Security Act of 2002 ( 6 U.S.C. 112 ), and executive management of the Department of Homeland Security, as authorized by law, $103,246,000: Provided , That not to exceed $45,000 shall be for official reception and representation expenses: Provided further , That all official costs associated with the use of government aircraft by Department of Homeland Security personnel to support official travel of the Secretary and the Deputy Secretary shall be paid from amounts made available for the Immediate Office of the Secretary and the Immediate Office of the Deputy Secretary: Provided further , That the Secretary shall submit to the Committees on Appropriations of the Senate and the House of Representatives, with the President’s budget proposal for fiscal year 2015 submitted pursuant to section 1105(a) of title 31, United States Code, expenditure plans for the Office of Policy, the Office for Intergovernmental Affairs, the Office for Civil Rights and Civil Liberties, the Citizenship and Immigration Services Ombudsman, and the Privacy Officer. Office of the under secretary for management For necessary expenses of the Office of the Under Secretary for Management, as authorized by sections 701 through 705 of the Homeland Security Act of 2002 (6 U.S.C. 341 through 345), $171,173,000, of which not to exceed $2,250 shall be for official reception and representation expenses: Provided , That of the total amount made available under this heading, $4,020,000 shall remain available until September 30, 2015, solely for the alteration and improvement of facilities, tenant improvements, and relocation costs to consolidate Department headquarters operations at the Nebraska Avenue Complex; and $7,815,000 shall remain available until September 30, 2015, for the Human Resources Information Technology program: Provided further , That the Under Secretary for Management shall, pursuant to the requirements contained in House Report 112–331, submit to the Committees on Appropriations of the Senate and the House of Representatives at the time the President's budget proposal for fiscal year 2015 is submitted pursuant to section 1105(a) of title 31, United States Code, a Comprehensive Acquisition Status Report, which shall include the information required under the heading Office of the Under Secretary for Management under title I of division D of the Consolidated Appropriations Act, 2012 ( Public Law 112–74 ), and quarterly updates to such report not later than 45 days after the completion of each quarter. Office of the chief financial officer For necessary expenses of the Office of the Chief Financial Officer, as authorized by section 103 of the Homeland Security Act of 2002 ( 6 U.S.C. 113 ), $41,242,000, of which $4,000,000 shall remain available until September 30, 2015, for financial systems modernization efforts: Provided , That the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives, at the time that the President’s budget proposal for fiscal year 2015 is submitted pursuant to section 1105(a) of title 31, United States Code, the Future Years Homeland Security Program and a comprehensive report compiled in conjunction with the Government Accountability Office that details updated missions, goals, strategies, priorities, along with performance metrics that are measurable, repeatable, and directly linked to requests for funding, as described in the accompanying report. Office of the chief information officer For necessary expenses of the Office of the Chief Information Officer, as authorized by section 103 of the Homeland Security Act of 2002 ( 6 U.S.C. 113 ), and Department-wide technology investments, $210,735,000; of which $99,397,000 shall be available for salaries and expenses; and of which $111,338,000, to remain available until September 30, 2015, shall be available for development and acquisition of information technology equipment, software, services, and related activities for the Department of Homeland Security: Provided , That the Department of Homeland Security Chief Information Officer shall submit to the Committees on Appropriations of the Senate and the House of Representatives, at the time that the President's budget proposal for fiscal year 2015 is submitted pursuant to section 1105(a) of title 31, United States Code, a multi-year investment and management plan, to include each of fiscal years 2014 through 2017, for all information technology acquisition projects funded under this heading or funded by multiple components of the Department of Homeland Security through reimbursable agreements, that includes— (1) the proposed appropriations included for each project and activity tied to mission requirements, program management capabilities, performance levels, and specific capabilities and services to be delivered; (2) the total estimated cost and projected timeline of completion for all multi-year enhancements, modernizations, and new capabilities that are proposed in such budget or underway; (3) a detailed accounting of operations and maintenance and contractor services costs; and (4) a current acquisition program baseline for each project, that— (A) notes and explains any deviations in cost, performance parameters, schedule, or estimated date of completion from the original acquisition program baseline; (B) aligns the acquisition programs covered by the baseline to mission requirements by defining existing capabilities, identifying known capability gaps between such existing capabilities and stated mission requirements, and explaining how each increment will address such known capability gaps; and (C) defines life-cycle costs for such programs. Analysis and operations For necessary expenses for intelligence analysis and operations coordination activities, as authorized by title II of the Homeland Security Act of 2002 ( 6 U.S.C. 121 et seq. ), $291,623,000; of which not to exceed $3,825 shall be for official reception and representation expenses; and of which $89,334,000 shall remain available until September 30, 2015. Office of inspector general For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978 (5 U.S.C. App.), $113,903,000, of which not to exceed $300,000 may be used for certain confidential operational expenses, including the payment of informants, to be expended at the direction of the Inspector General. II Security, enforcement, and investigations U.S. customs and border protection Salaries and expenses For necessary expenses for enforcement of laws relating to border security, immigration, customs, agricultural inspections and regulatory activities related to plant and animal imports, and transportation of unaccompanied minor aliens; purchase and lease of up to 7,500 (6,500 for replacement only) police-type vehicles; and contracting with individuals for personal services abroad; $8,275,983,000; of which $3,274,000 shall be derived from the Harbor Maintenance Trust Fund for administrative expenses related to the collection of the Harbor Maintenance Fee pursuant to section 9505(c)(3) of the Internal Revenue Code of 1986 ( 26 U.S.C. 9505(c)(3) ) and notwithstanding section 1511(e)(1) of the Homeland Security Act of 2002 ( 6 U.S.C. 551(e)(1) ); of which not to exceed $34,425 shall be for official reception and representation expenses; of which such sums as become available in the Customs User Fee Account, except sums subject to section 13031(f)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 ( 19 U.S.C. 58c(f)(3) ), shall be derived from that account; of which not to exceed $150,000 shall be available for payment for rental space in connection with preclearance operations; and of which not to exceed $1,000,000 shall be for awards of compensation to informants, to be accounted for solely under the certificate of the Secretary of Homeland Security: Provided , That for fiscal year 2014, the overtime limitation prescribed in section 5(c)(1) of the Act of February 13, 1911 ( 19 U.S.C. 267(c)(1) ) shall be $35,000; and notwithstanding any other provision of law, none of the funds appropriated by this Act shall be available to compensate any employee of U.S. Customs and Border Protection for overtime, from whatever source, in an amount that exceeds such limitation, except in individual cases determined by the Secretary of Homeland Security, or the designee of the Secretary, to be necessary for national security purposes, to prevent excessive costs, or in cases of immigration emergencies: Provided further , That the Border Patrol shall maintain an active duty presence of not less than 21,370 full-time equivalent agents protecting the borders of the United States in the fiscal year. Automation modernization For necessary expenses for U.S. Customs and Border Protection for operation and improvement of automated systems, including salaries and expenses, $707,897,000; of which $325,526,000 shall remain available until September 30, 2016; and of which not less than $140,762,000 shall be for the development of the Automated Commercial Environment. Border security fencing, infrastructure, and technology For expenses for border security fencing, infrastructure, and technology, $351,454,000, to remain available until September 30, 2016. Air and marine operations For necessary expenses for the operations, maintenance, and procurement of marine vessels, aircraft, unmanned aircraft systems, and other related equipment of the air and marine program, including salaries and expenses and operational training and mission-related travel, the operations of which include the following: the interdiction of narcotics and other goods; the provision of support to Federal, State, and local agencies in the enforcement or administration of laws enforced by the Department of Homeland Security; and, at the discretion of the Secretary of Homeland Security, the provision of assistance to Federal, State, and local agencies in other law enforcement and emergency humanitarian efforts; $802,741,000; of which $292,791,000 shall be available for salaries and expenses; and of which $509,950,000 shall remain available until September 30, 2016: Provided , That no aircraft or other related equipment, with the exception of aircraft that are one of a kind and have been identified as excess to U.S. Customs and Border Protection requirements and aircraft that have been damaged beyond repair, shall be transferred to any other Federal agency, department, or office outside of the Department of Homeland Security during fiscal year 2014 without prior notice to the Committees on Appropriations of the Senate and the House of Representatives: Provided further , That the Secretary of Homeland Security shall report to the Committees on Appropriations of the Senate and the House of Representatives, not later than 90 days after the date of enactment of this Act, on any changes to the 5-year strategic plan for the air and marine program required under this heading in Public Law 112–74 . Construction and facilities management For necessary expenses to plan, acquire, construct, renovate, equip, furnish, operate, manage, and maintain buildings, facilities, and related infrastructure necessary for the administration and enforcement of the laws relating to customs, immigration, and border security, $471,278,000, to remain available until September 30, 2018: Provided , That the Commissioner of U.S. Customs and Border Protection shall submit to the Committees on Appropriations of the Senate and the House of Representatives, at the time that the President's budget proposal for fiscal year 2015 pursuant to section 1105(a) of title 31, United States Code, an inventory of the real property of U.S. Customs and Border Protection and a plan for each activity and project proposed for funding under this heading that includes the full cost by fiscal year of each activity and project proposed and underway in fiscal year 2015. U.S. Immigration and customs enforcement Salaries and expenses For necessary expenses for enforcement of immigration and customs laws, detention and removals, and investigations, including overseas vetted units operations; and purchase and lease of up to 3,790 (2,350 for replacement only) police-type vehicles; $5,344,461,000; of which not to exceed $10,000,000 shall be available until expended for conducting special operations under section 3131 of the Customs Enforcement Act of 1986 ( 19 U.S.C. 2081 ); of which not to exceed $11,475 shall be for official reception and representation expenses; of which not to exceed $2,000,000 shall be for awards of compensation to informants, to be accounted for solely under the certificate of the Secretary of Homeland Security; of which not less than $305,000 shall be for promotion of public awareness of the child pornography tipline and activities to counter child exploitation; of which not less than $5,400,000 shall be used to facilitate agreements consistent with section 287(g) of the Immigration and Nationality Act ( 8 U.S.C. 1357(g) ); and of which not to exceed $11,216,000 shall be available to fund or reimburse other Federal agencies for the costs associated with the care, maintenance, and repatriation of smuggled aliens unlawfully present in the United States: Provided , That none of the funds made available under this heading shall be available to compensate any employee for overtime in an annual amount in excess of $35,000, except that the Secretary of Homeland Security, or the designee of the Secretary, may waive that amount as necessary for national security purposes and in cases of immigration emergencies: Provided further , That of the total amount provided, $15,770,000 shall be for activities to enforce laws against forced child labor, of which not to exceed $6,000,000 shall remain available until expended: Provided further , That of the total amount available, not less than $1,600,000,000 shall be available to identify aliens convicted of a crime who may be deportable, and to remove them from the United States once they are judged deportable: Provided further , That the Secretary of Homeland Security shall prioritize the identification and removal of aliens convicted of a crime by the severity of that crime: Provided further , That funding made available under this heading shall maintain a level of not less than 34,000 detention beds through September 30, 2014: Provided further , That of the total amount provided, not less than $2,835,581,000 is for detention and removal operations, including transportation of unaccompanied minor aliens: Provided further , That of the total amount provided, $31,541,000 shall remain available until September 30, 2015, for the Visa Security Program: Provided further , That not less than $10,000,000 shall be available for investigation of intellectual property rights violations, including operation of the National Intellectual Property Rights Coordination Center: Provided further , That none of the funds provided under this heading may be used to continue a delegation of law enforcement authority authorized under section 287(g) of the Immigration and Nationality Act ( 8 U.S.C. 1357(g) ) if the Department of Homeland Security Inspector General determines that the terms of the agreement governing the delegation of authority have been violated: Provided further , That none of the funds provided under this heading may be used to continue any contract for the provision of detention services if the two most recent overall performance evaluations received by the contracted facility are less than adequate or the equivalent median score in any subsequent performance evaluation system: Provided further , That nothing under this heading shall prevent U.S. Immigration and Customs Enforcement from exercising those authorities provided under immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(17) )) during priority operations pertaining to aliens convicted of a crime. Automation modernization For expenses of immigration and customs enforcement automated systems, $34,900,000, to remain available until September 30, 2016. Construction For necessary expenses to plan, construct, renovate, equip, and maintain buildings and facilities necessary for the administration and enforcement of the laws relating to customs and immigration, $5,000,000, to remain available until September 30, 2017. Transportation security administration Aviation security For necessary expenses of the Transportation Security Administration related to providing civil aviation security services pursuant to the Aviation and Transportation Security Act ( Public Law 107–71 ; 115 Stat. 597; 49 U.S.C. 40101 note), $4,872,739,000, to remain available until September 30, 2015, of which not to exceed $7,650 shall be for official reception and representation expenses: Provided , That of the total amount made available under this heading, not to exceed $3,824,625,000 shall be for screening operations and not to exceed $1,048,114,000 shall be for aviation security direction and enforcement: Provided further , That of the amount made available in the preceding proviso for screening operations, $2,972,715,000, to remain available until September 30, 2014, shall be available for Screener Compensation and Benefits; $163,190,000 shall be available for the Screening Partnership Program; $382,354,000 shall be available for explosives detection systems, of which $83,845,000 shall be available for the purchase and installation of these systems; and $103,309,000 shall be for checkpoint support: Provided further , That any award to deploy explosives detection systems shall be based on risk, the airport's current reliance on other screening solutions, lobby congestion resulting in increased security concerns, high injury rates, airport readiness, and increased cost effectiveness: Provided further , That security service fees authorized under section 44940 of title 49, United States Code, shall be credited to this appropriation as offsetting collections and shall be available only for aviation security: Provided further , That the sum appropriated under this heading from the general fund shall be reduced on a dollar-for-dollar basis as such offsetting collections are received during fiscal year 2014 so as to result in a final fiscal year appropriation from the general fund estimated at not more than $2,752,739,000: Provided further , That any security service fees collected in excess of the amount made available under this heading shall become available during fiscal year 2015: Provided further , That notwithstanding section 44923 of title 49, United States Code, for fiscal year 2014, any funds in the Aviation Security Capital Fund established by section 44923(h) of title 49, United States Code, may be used for the procurement and installation of explosives detection systems or for the issuance of other transaction agreements for the purpose of funding projects described in section 44923(a) of such title: Provided further , That none of the funds made available in this Act may be used for any recruiting or hiring of personnel into the Transportation Security Administration that would cause the agency to exceed a staffing level of 46,000 full-time equivalent screeners: Provided further , That the preceding proviso shall not apply to personnel hired as part-time employees: Provided further , That not later than 90 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a detailed report on— (1) the Department of Homeland Security efforts and resources being devoted to develop more advanced integrated passenger screening technologies for the most effective security of passengers and baggage at the lowest possible operating and acquisition costs; (2) how the Transportation Security Administration is deploying its existing passenger and baggage screener workforce in the most cost effective manner; and (3) labor savings from the deployment of improved technologies for passenger and baggage screening and how those savings are being used to offset security costs or reinvested to address security vulnerabilities: Provided further , That Members of the Senate and House of Representatives, including the leadership; the heads of Federal agencies and commissions, including the Secretary, Deputy Secretary, Under Secretaries, and Assistant Secretaries of the Department of Homeland Security; the Attorney General, Deputy Attorney General, Assistant Attorneys General, and the United States Attorneys; and senior members of the Executive Office of the President, including the Director of the Office of Management and Budget, shall not be exempt from Federal passenger and baggage screening. Surface transportation security For necessary expenses of the Transportation Security Administration related to surface transportation security activities, $108,618,000, to remain available until September 30, 2015. Transportation threat assessment and credentialing For necessary expenses for the development and implementation of screening programs of the Office of Transportation Threat Assessment and Credentialing, $182,617,000, to remain available until September 30, 2015. Transportation security support For necessary expenses of the Transportation Security Administration related to transportation security support and intelligence pursuant to the Aviation and Transportation Security Act ( Public Law 107–71 ; 115 Stat. 597; 49 U.S.C. 40101 note), $901,666,000, to remain available until September 30, 2015: Provided , That of the funds provided under this heading, $50,000,000 shall be withheld from obligation for headquarters administration until the Administrator of the Transportation Security Administration submits to the Committees on Appropriations of the Senate and the House of Representatives detailed expenditure plans for air cargo security, checkpoint support, and explosives detection systems refurbishment, procurement, and installations on an airport-by-airport basis for fiscal year 2014 and the completion of a security assessment measuring the effectiveness of using the Transportation Worker Identification Credential: Provided further , That the Administrator of the Transportation Security Administration shall submit to the Committees of the Senate and the House of Representatives, at the time that the President’s budget proposal for fiscal year 2015 is submitted pursuant to section 1105(a) of title 31, United States Code, the expenditure plans and report detailed in the preceding proviso. Federal air marshals For necessary expenses of the Federal Air Marshal Service, $821,107,000: Provided , That the Director of the Federal Air Marshal Service shall submit to the Committees on Appropriations of the Senate and the House of Representatives not later than 45 days after the date of enactment of this Act a detailed, classified expenditure and staffing plan for ensuring optimal coverage of high-risk flights. Coast Guard Operating expenses For necessary expenses for the operation and maintenance of the Coast Guard, not otherwise provided for; purchase or lease of not to exceed 25 passenger motor vehicles, which shall be for replacement only; purchase or lease of small boats for contingent and emergent requirements (at a unit cost of no more than $700,000) and repairs and service-life replacements, not to exceed a total of $31,000,000; purchase or lease of boats necessary for overseas deployments and activities; minor shore construction projects not exceeding $1,000,000 in total cost on any location; payments pursuant to section 156 of Public Law 97–377 ( 42 U.S.C. 402 note; 96 Stat. 1920); and recreation and welfare; $6,839,416,000; of which $340,000,000 shall be for defense-related activities, of which $24,500,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 ( 33 U.S.C. 2712(a)(5) ); and of which not to exceed $15,300 shall be for official reception and representation expenses: Provided , That none of the funds made available by this Act shall be for expenses incurred for recreational vessels under section 12114 of title 46, United States Code, except to the extent fees are collected from owners of yachts and credited to this appropriation: Provided further , That of the funds provided under this heading, $167,683,000 shall be withheld from obligation for Coast Guard Headquarters Directorates until a revised future-years capital investment plan for fiscal years 2015 through 2019, as specified under the heading Coast Guard Acquisition, Construction, and Improvements of this Act is submitted to the Committees on Appropriations of the Senate and the House of Representatives. Environmental compliance and restoration For necessary expenses to carry out the environmental compliance and restoration functions of the Coast Guard under chapter 19 of title 14, United States Code, $13,164,000, to remain available until September 30, 2018. Reserve training For necessary expenses of the Coast Guard Reserve, as authorized by law; operations and maintenance of the Coast Guard Reserve program; personnel and training costs; and equipment and services; $112,991,000. Acquisition, construction, and improvements For necessary expenses of acquisition, construction, renovation, and improvement of aids to navigation, shore facilities, vessels, and aircraft, including equipment related thereto; and maintenance, rehabilitation, lease, and operation of facilities and equipment; as authorized by law; $1,222,712,000; of which $20,000,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 ( 33 U.S.C. 2712(a)(5) ); and of which the following amounts, to remain available until September 30, 2018 (except as subsequently specified), shall be available as follows: $18,000,000 shall be available for military family housing, of which not more than $6,828,691 shall be derived from the Coast Guard Housing Fund established pursuant to 14 U.S.C. 687 ; $860,553,000 shall be available to acquire, effect major repairs to, renovate, or improve vessels, small boats, and related equipment; $149,710,000 shall be available to acquire, effect major repairs to, renovate, or improve aircraft or increase aviation capability; $74,930,000 shall be available for other acquisition programs; $5,000,000 shall be available for shore facilities and aids to navigation, including waterfront facilities at Navy installations used by the Coast Guard; and $114,519,000, to remain available until September 30, 2014, shall be available for personnel compensation and benefits and related costs: Provided , That the funds provided by this Act shall be immediately available and allotted to contract for the production of the seventh National Security Cutter notwithstanding the availability of funds for post-production costs: Provided further , That the funds provided by this Act shall be immediately available and allotted to contract for long lead time materials, components, and designs for the eighth National Security Cutter notwithstanding the availability of funds for production costs or post-production costs: Provided further , That the Commandant of the Coast Guard shall submit to the Committees on Appropriations of the Senate and the House of Representatives, at the time that the President's budget proposal for fiscal year 2015 is submitted pursuant to section 1105(a) of title 31, United States Code, a future-years capital investment plan for the Coast Guard that identifies for each requested capital asset— (1) the proposed appropriations included in that budget; (2) the total estimated cost of completion, including and clearly delineating the costs of associated major acquisition systems infrastructure and transition to operations; (3) projected funding levels for each fiscal year for the next 5 fiscal years or until acquisition program baseline or project completion, whichever is earlier; (4) an estimated completion date at the projected funding levels; and (5) a current acquisition program baseline for each capital asset, as applicable, that— (A) includes the total acquisition cost of each asset, subdivided by fiscal year and including a detailed description of the purpose of the proposed funding levels for each fiscal year, including for each fiscal year funds requested for design, pre-acquisition activities, production, structural modifications, missionization, post-delivery, and transition to operations costs; (B) includes a detailed project schedule through completion, subdivided by fiscal year, that details— (i) quantities planned for each fiscal year; and (ii) major acquisition and project events, including development of operational requirements, contracting actions, design reviews, production, delivery, test and evaluation, and transition to operations, including necessary training, shore infrastructure, and logistics; (C) notes and explains any deviations in cost, performance parameters, schedule, or estimated date of completion from the original acquisition program baseline and the most recent baseline approved by the Department of Homeland Security's Acquisition Review Board, if applicable; (D) aligns the acquisition of each asset to mission requirements by defining existing capabilities of comparable legacy assets, identifying known capability gaps between such existing capabilities and stated mission requirements, and explaining how the acquisition of each asset will address such known capability gaps; (E) defines life-cycle costs for each asset and the date of the estimate on which such costs are based, including all associated costs of major acquisitions systems infrastructure and transition to operations, delineated by purpose and fiscal year for the projected service life of the asset; (F) includes the earned value management system summary schedule performance index and cost performance index for each asset, if applicable; and (G) includes a phase-out and decommissioning schedule delineated by fiscal year for each existing legacy asset that each asset is intended to replace or recapitalize: Provided further , That the Commandant of the Coast Guard shall ensure that amounts specified in the future-years capital investment plan are consistent, to the maximum extent practicable, with proposed appropriations necessary to support the programs, projects, and activities of the Coast Guard in the President's budget proposal for fiscal year 2015 is submitted pursuant to section 1105(a) of title 31, United States Code, for that fiscal year: Provided further , That any inconsistencies between the capital investment plan and proposed appropriations shall be identified and justified: Provided further , That subsections (a) and (b) of section 6402 of Public Law 110–28 shall apply with respect to the amounts made available under this heading. Research, development, test, and evaluation For necessary expenses for applied scientific research, development, test, and evaluation; and for maintenance, rehabilitation, lease, and operation of facilities and equipment; as authorized by law; $9,928,000, to remain available until September 30, 2015, of which $500,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 ( 33 U.S.C. 2712(a)(5) ): Provided , That there may be credited to and used for the purposes of this appropriation funds received from State and local governments, other public authorities, private sources, and foreign countries for expenses incurred for research, development, testing, and evaluation. Retired pay For retired pay, including the payment of obligations otherwise chargeable to lapsed appropriations for this purpose, payments under the Retired Serviceman's Family Protection and Survivor Benefits Plans, payment for career status bonuses, concurrent receipts and combat-related special compensation under the National Defense Authorization Act, and payments for medical care of retired personnel and their dependents under chapter 55 of title 10, United States Code, $1,460,000,000, to remain available until expended. United states secret service Salaries and expenses For necessary expenses of the United States Secret Service, including purchase of not to exceed 652 vehicles for police-type use for replacement only; hire of passenger motor vehicles; purchase of motorcycles made in the United States; hire of aircraft; services of expert witnesses at such rates as may be determined by the Director of the Secret Service; rental of buildings in the District of Columbia, and fencing, lighting, guard booths, and other facilities on private or other property not in Government ownership or control, as may be necessary to perform protective functions; payment of per diem or subsistence allowances to employees in cases in which a protective assignment on the actual day or days of the visit of a protectee requires an employee to work 16 hours per day or to remain overnight at a post of duty; conduct of and participation in firearms matches; presentation of awards; travel of United States Secret Service employees on protective missions without regard to the limitations on such expenditures in this or any other Act; research and development; grants to conduct behavioral research in support of protective research and operations; and payment in advance for commercial accommodations as may be necessary to perform protective functions; $1,534,589,000; of which not to exceed $19,125 shall be for official reception and representation expenses; of which not to exceed $100,000 shall be to provide technical assistance and equipment to foreign law enforcement organizations in counterfeit investigations; of which $2,358,000 shall be for forensic and related support of investigations of missing and exploited children; of which $6,000,000 shall be for a grant for activities related to investigations of missing and exploited children and shall remain available until September 30, 2015; and of which not less than $8,000,000 shall be for activities related to training in electronic crimes investigations and forensics: Provided , That $18,000,000 for protective travel shall remain available until September 30, 2015: Provided further , That $4,500,000 for National Special Security Events shall remain available until September 30, 2015: Provided further , That the United States Secret Service is authorized to obligate funds in anticipation of reimbursements from Federal agencies and entities, as defined in section 105 of title 5, United States Code, for personnel receiving training sponsored by the James J. Rowley Training Center, except that total obligations at the end of the fiscal year shall not exceed total budgetary resources available under this heading at the end of the fiscal year: Provided further , That none of the funds made available under this heading shall be available to compensate any employee for overtime in an annual amount in excess of $35,000, except that the Secretary of Homeland Security, or the designee of the Secretary, may waive that amount as necessary for national security purposes: Provided further , That none of the funds made available to the United States Secret Service by this Act or by previous appropriations Acts may be made available for the protection of the head of a Federal agency other than the Secretary of Homeland Security: Provided further , That the Director of the Secret Service may enter into an agreement to provide such protection on a fully reimbursable basis: Provided further , That none of the funds made available to the United States Secret Service by this Act or by previous appropriations Acts may be obligated for the purpose of opening a new permanent domestic or overseas office or location unless the Committees on Appropriations of the Senate and the House of Representatives are notified 15 days in advance of such obligation: Provided further , That for purposes of section 503(b) of this Act, $15,000,000 or 10 percent, whichever is less, may be transferred between Protection of Persons and Facilities and Domestic Field Operations . Acquisition, construction, improvements, and Related Expenses For necessary expenses for acquisition, construction, repair, alteration, and improvement of physical and technological infrastructure, $51,775,000; of which $5,380,000, to remain available until September 30, 2018, shall be for acquisition, construction, improvement, and maintenance of facilities; and of which $46,395,000, to remain available until September 30, 2016, shall be for information integration and technology transformation execution: Provided , That the Director of the Secret Service shall submit to the Committees on Appropriations of the Senate and the House of Representatives at the time that the President’s budget proposal for fiscal year 2015 is submitted pursuant to section 1105(a) of title 31, United States Code, a multi-year investment and management plan for its Information Integration and Technology Transformation program that describes funding for the current fiscal year and the following 3 fiscal years, with associated plans for systems acquisition and technology deployment. III Protection, preparedness, response, and recovery National protection and programs directorate Management and administration For salaries and expenses of the Office of the Under Secretary and the Offices of the Assistant Secretaries for the National Protection and Programs Directorate, support for operations, and information technology, $50,522,000: Provided , That not to exceed $3,825 shall be for official reception and representation expenses. Infrastructure protection and information security For necessary expenses for infrastructure protection and information security programs and activities, as authorized by title II of the Homeland Security Act of 2002 ( 6 U.S.C. 121 et seq. ), $1,176,629,000, of which $200,000,000, shall remain available until September 30, 2015: Provided , That of the total amount provided for the Infrastructure Security Compliance program, project, and activity, $20,000,000 shall be withheld from obligation until the Under Secretary for the National Protection and Programs Directorate submits to the Committees on Appropriations of the Senate and the House of Representatives an expenditure plan for the Chemical Facility Anti-Terrorism Standards program that includes the number of facilities covered by the program, inspectors on-board, inspections pending, and inspections projected to be completed by September 30, 2014. Federal protective service The revenues and collections of security fees credited to this account shall be available until expended for necessary expenses related to the protection of federally owned and leased buildings and for the operations of the Federal Protective Service. Office of biometric identity management For necessary expenses for the Office of Biometric Identity Management, as authorized by section 7208 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 8 U.S.C. 1365b ), $232,190,000: Provided , That of the total amount made available under this heading, $113,956,000 shall remain available until September 30, 2016: Provided further , That the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives, not later than 60 days after the date of enactment of this Act, an expenditure plan for the Office of Biometric Identity Management: Provided further , That the Secretary shall submit to the Committees on Appropriations of the Senate and the House of Representatives at the time the President's budget is submitted each year under section 1105(a) of title 31, United States Code, a multi-year investment and management plan for the Office of Biometric Identity Management program, to include each fiscal year starting with the current fiscal year and the 3 subsequent fiscal years, that provides— (1) the proposed appropriation for each activity tied to mission requirements and outcomes, program management capabilities, performance levels, and specific capabilities and services to be delivered, noting any deviations in cost or performance from the prior fiscal years expenditure or investment and management plan for United States Visitor and Immigrant Status Indicator Technology; (2) the total estimated cost, projected funding by fiscal year, and projected timeline of completion for all enhancements, modernizations, and new capabilities proposed in such budget and underway, including and clearly delineating associated efforts and funds requested by other agencies within the Department of Homeland Security and in the Federal Government and detailing any deviations in cost, performance, schedule, or estimated date of completion provided in the prior fiscal years expenditure or investment and management plan for United States Visitor and Immigrant Status Indicator Technology; and (3) a detailed accounting of operations and maintenance, contractor services, and program costs associated with the management of identity services. Office of health affairs For necessary expenses of the Office of Health Affairs, $123,425,000; of which $25,072,000 is for salaries and expenses; and of which $79,534,000 is for BioWatch operations: Provided , That of the amount made available under this heading, $18,819,000 shall remain available until September 30, 2015, for biosurveillance, chemical defense, medical and health planning and coordination, and workforce health protection: Provided further , That not to exceed $2,250 shall be for official reception and representation expenses. Federal emergency management agency Salaries and expenses For necessary expenses of the Federal Emergency Management Agency, $914,795,000, including activities authorized by the National Flood Insurance Act of 1968 ( 42 U.S.C. 4001 et seq. ), the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ), the Cerro Grande Fire Assistance Act of 2000 (division C, title I, 114 Stat. 583), the Earthquake Hazards Reduction Act of 1977 ( 42 U.S.C. 7701 et seq. ), the Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.), sections 107 and 303 of the National Security Act of 1947 ( 50 U.S.C. 404 , 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), the Homeland Security Act of 2002 ( 6 U.S.C. 101 et seq. ), the Implementing Recommendations of the 9/11 Commission Act of 2007 ( Public Law 110–53 ), the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2201 et seq. ), the Post-Katrina Emergency Management Reform Act of 2006 ( Public Law 109–295 ; 120 Stat. 1394), and the Biggert-Waters Flood Insurance Reform Act of 2012 ( Public Law 112–141 , 126 Stat. 916): Provided , That not to exceed $2,250 shall be for official reception and representation expenses: Provided further , That of the total amount made available under this heading, $27,513,000 shall be for the Urban Search and Rescue Response System, of which none is available for Federal Emergency Management Agency administrative costs: Provided further , That of the total amount made available under this heading, $22,000,000 shall remain available until September 30, 2015, for capital improvements and other expenses related to continuity of operations at the Mount Weather Emergency Operations Center. State and local programs For grants contracts, cooperative agreements, and other activities, $1,500,000,000, which shall be allocated as follows: (1) Notwithstanding section 503 of this Act, $1,264,826,000 shall be distributed, according to threat, vulnerability, and consequence, at the discretion of the Secretary of Homeland Security based on the following authorities: (A) The State Homeland Security Grant Program under section 2004 of the Homeland Security Act of 2002 ( 6 U.S.C. 605 ): Provided , That notwithstanding subsection (c)(4) of such section 2004, for fiscal year 2014, the Commonwealth of Puerto Rico shall make available to local and tribal governments amounts provided to the Commonwealth of Puerto Rico under this paragraph in accordance with subsection (c)(1) of such section 2004. (B) Operation Stonegarden. (C) The Urban Area Security Initiative under section 2003 of the Homeland Security Act of 2002 ( 6 U.S.C. 604 ). (D) Organizations (as described under section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax section 501(a) of such code) determined by the Secretary of Homeland Security to be at high risk of a terrorist attack. (E) Public Transportation Security Assistance and Railroad Security Assistance, under sections 1406 and 1513 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1135 and 1163), including Amtrak security: Provided , That such public transportation security assistance shall be provided directly to public transportation agencies. (F) Port Security Grants in accordance with 46 U.S.C. 70107. (G) Over-the-Road Bus Security Assistance under section 1532 of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( Public Law 110–53 ; 6 U.S.C. 1182 ). (H) The Metropolitan Medical Response System under section 635 of the Post-Katrina Emergency Management Reform Act of 2006 ( 6 U.S.C. 723 ). (I) The Citizen Corps Program. (J) The Driver’s License Security Grants Program in accordance with section 204 of the REAL ID Act of 2005 ( 49 U.S.C. 30301 note). (K) The Interoperable Emergency Communications Grant Program under section 1809 of the Homeland Security Act of 2002 ( 6 U.S.C. 579 ). (L) Emergency Operations Centers under section 614 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5196c ). (M) The Buffer Zone Protection Program Grants. (N) Regional Catastrophic Preparedness Grants. (2) $235,174,000 shall be to sustain current operations for training, exercises, technical assistance, and other programs, of which $157,991,000 shall be for training of State, local, and tribal emergency response providers: Provided , That of the amounts provided in paragraph (1) under this heading, $55,000,000 shall be for operation Stonegarden; Provided further , That for grants under paragraph (1), applications for grants shall be made available to eligible applicants not later than 60 days after the date of enactment of this Act, that eligible applicants shall submit applications not later than 80 days after the grant announcement, and the Administrator of the Federal Emergency Management Agency shall act within 65 days after the receipt of an application: Provided further , That notwithstanding section 2008(a)(11) of the Homeland Security Act of 2002 ( 6 U.S.C. 609(a)(11) ), or any other provision of law, a grantee may not use more than 5 percent of the amount of a grant made available under this heading for expenses directly related to administration of the grant: Provided further , That for grants under paragraphs (1) and (2), the installation of communications towers is not considered construction of a building or other physical facility: Provided further , That grantees shall provide reports on their use of funds, as determined necessary by the Secretary of Homeland Security. Firefighter assistance grants For grants for programs authorized by the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2201 et seq. ), $675,000,000, to remain available until September 30, 2015, of which $337,500,000 shall be available to carry out section 33 of that Act ( 15 U.S.C. 2229 ) and $337,500,000 shall be available to carry out section 34 of that Act ( 15 U.S.C. 2229a ). Emergency management performance grants For emergency management performance grants, as authorized by the National Flood Insurance Act of 1968 ( 42 U.S.C. 4001 et seq. ), the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ), the Earthquake Hazards Reduction Act of 1977 ( 42 U.S.C. 7701 et seq. ), and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), $350,000,000. Radiological emergency preparedness program The aggregate charges assessed during fiscal year 2014, as authorized in title III of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999 ( 42 U.S.C. 5196e ), shall not be less than 100 percent of the amounts anticipated by the Department of Homeland Security necessary for its radiological emergency preparedness program for the next fiscal year: Provided , That the methodology for assessment and collection of fees shall be fair and equitable and shall reflect costs of providing such services, including administrative costs of collecting such fees: Provided further , That fees received under this heading shall be deposited in this account as offsetting collections and will become available for authorized purposes on October 1, 2014, and remain available until September 30, 2016. United states fire administration For necessary expenses of the United States Fire Administration and for other purposes, as authorized by the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2201 et seq. ) and the Homeland Security Act of 2002 ( 6 U.S.C. 101 et seq. ), $42,162,000. Disaster relief fund (including transfer of funds) For necessary expenses in carrying out the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ), $6,220,908,000, to remain available until expended, of which $24,000,000 shall be transferred to the Department of Homeland Security Office of Inspector General for audits and investigations related to disasters: Provided , That the Administrator of the Federal Emergency Management Agency shall submit an expenditure plan to the Committees on Appropriations of the House of Representatives and the Senate detailing the use of the funds made available in this or any other Act for disaster readiness and support not later than 60 days after the date of enactment of this Act: Provided further , That the Administrator shall submit to such Committees a quarterly report detailing obligations against the expenditure plan and a justification for any changes from the initial plan: Provided further , That the Administrator shall submit to such Committees the following reports, including a specific description of the methodology and the source data used in developing such reports: (1) An estimate of the following amounts shall be submitted for the budget year at the time that the President’s budget proposal for fiscal year 2015 is submitted pursuant to section 1105(a) of title 31, United States Code: (A) The unobligated balance of funds to be carried over from the prior fiscal year to the budget year. (B) The unobligated balance of funds to be carried over from the budget year to the budget year plus 1. (C) The amount of obligations for non-catastrophic events for the budget year. (D) The amount of obligations for the budget year for catastrophic events delineated by event and by State. (E) The total amount that has been previously obligated or will be required for catastrophic events delineated by event and by State for all prior years, the current year, the budget year, the budget year plus 1, the budget year plus 2, and the budget year plus 3 and beyond. (F) The amount of previously obligated funds that will be recovered for the budget year. (G) The amount that will be required for obligations for emergencies, as described in section 102(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122(1) ), major disasters, as described in section 102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122(2) ), fire management assistance grants, as described in section 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5187 ), surge activities, and disaster readiness and support activities. (H) The amount required for activities not covered under section 251(b)(2)(D)(iii) of the Balanced Budget and Emergency Deficit Control Act of 1985. (2) An estimate or actual amounts, if available, of the following for the current fiscal year shall be submitted not later than the fifth day of each month, and shall be published by the Administrator on the Agency’s website not later than the eleventh day of each month: (A) A summary of the amount of appropriations made available by source, the transfers executed, the previously allocated funds recovered, and the commitments, allocations, and obligations made. (B) A table of disaster relief activity delineated by month, including— (i) the beginning and ending balances; (ii) the total obligations to include amounts obligated for fire assistance, emergencies, surge, and disaster support activities; (iii) the obligations for catastrophic events delineated by event and by State; and (iv) the amount of previously obligated funds that are recovered. (C) A summary of allocations, obligations, and expenditures for catastrophic events delineated by event. (D) In addition, for a disaster declaration related to Hurricane Sandy, the cost of the following categories of spending: public assistance, individual assistance, mitigation, administrative, operations, and any other relevant category (including emergency measures and disaster resources). (E) The date on which funds appropriated will be exhausted. Provided further , That the Administrator shall publish on the Agency's website not later than 24 hours after an award of a public assistance grant under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5172 ) the specifics of the grant award: Provided further , That for any mission assignment or mission assignment task order to another Federal department or agency regarding a major disaster, not later than 24 hours after the issuance of the mission assignment or task order, the Administrator shall publish on the Agency's website the following: the name of the impacted State and the disaster declaration for such State, the assigned agency, the assistance requested, a description of the disaster, the total cost estimate, and the amount obligated: Provided further , That not later than 10 days after the last day of each month until the mission assignment or task order is completed and closed out, the Administrator shall update any changes to the total cost estimate and the amount obligated: Provided further , That of the amount provided under this heading, $5,626,386,000 is for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ): Provided further , That the amount in the preceding proviso is designated by the Congress as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985. Flood hazard mapping and risk analysis program For necessary expenses, including administrative costs, under section 1360 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4101 ) and under sections 100215, 100216, 100226, 100230, and 100246 of the Biggert-Waters Flood Insurance Reform Act of 2012 ( Public Law 112–141 , 126 Stat. 917), $95,202,000, and such additional sums as may be provided by State and local governments or other political subdivisions for cost-shared mapping activities under section 1360(f)(2) of such Act ( 42 U.S.C. 4101(f)(2) ), to remain available until expended. National flood insurance fund For activities under the National Flood Insurance Act of 1968 ( 42 U.S.C. 4001 et seq. ), the Flood Disaster Protection Act of 1973 ( 42 U.S.C. 4001 et seq. ), and the Biggert-Waters Flood Insurance Reform Act of 2012 ( Public Law 112–141 , 126 Stat. 916), $176,300,000, which shall be derived from offsetting amounts collected under section 1308(d) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(d) ); of which not to exceed $22,000,000 shall be available for salaries and expenses associated with flood mitigation and flood insurance operations; and not less than $154,300,000 shall be available for flood plain management and flood mapping, to remain available until September 30, 2015: Provided , That any additional fees collected pursuant to section 1308(d) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(d) ) shall be credited as an offsetting collection to this account, to be available for flood plain management and flood mapping: Provided further , That in fiscal year 2014, no funds shall be available from the National Flood Insurance Fund under section 1310 of that Act ( 42 U.S.C. 4017 ) in excess of: (1) $132,000,000 for operating expenses; (2) $1,152,000,000 for commissions and taxes of agents; (3) such sums as are necessary for interest on Treasury borrowings; and (4) $100,000,000, which shall remain available until expended, for flood mitigation actions under section 1366 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4104c ): Provided further , That the amounts collected under section 102 of the Flood Disaster Protection Act of 1973 ( 42 U.S.C. 4012a ) and section 1366(e) of the National Flood Insurance Act of 1968 shall be deposited in the National Flood Insurance Fund to supplement other amounts specified as available for section 1366 of the National Flood Insurance Act of 1968, notwithstanding subsection (f)(8) of such section 102 ( 42 U.S.C. 4012a(f)(8) ) and subsection 1366(e) and paragraphs (2) and (3) of section 1367(b) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4104c(e) , 4104d(b)(2)–(3)): Provided further , That total administrative costs shall not exceed 4 percent of the total appropriation. National predisaster mitigation fund For the predisaster mitigation grant program under section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5133 ), $22,500,000 to remain available until expended. Emergency food and shelter To carry out the emergency food and shelter program pursuant to title III of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11331 et seq. ), $120,000,000, to remain available until expended: Provided , That total administrative costs shall not exceed 3.5 percent of the total amount made available under this heading. IV Research and development, training, and services United states citizenship and immigration services For necessary expenses for citizenship and immigration services, $114,213,000 for the E-Verify Program, as described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note), to assist United States employers with maintaining a legal workforce: Provided , That notwithstanding any other provision of law, funds otherwise made available to United States Citizenship and Immigration Services may be used to acquire, operate, equip, and dispose of up to 5 vehicles, for replacement only, for areas where the Administrator of General Services does not provide vehicles for lease: Provided further , That the Director of United States Citizenship and Immigration Services may authorize employees who are assigned to those areas to use such vehicles to travel between the employees' residences and places of employment. Federal law enforcement training center Salaries and expenses For necessary expenses of the Federal Law Enforcement Training Center, including materials and support costs of Federal law enforcement basic training; the purchase of not to exceed 117 vehicles for police-type use and hire of passenger motor vehicles; expenses for student athletic and related activities; the conduct of and participation in firearms matches and presentation of awards; public awareness and enhancement of community support of law enforcement training; room and board for student interns; a flat monthly reimbursement to employees authorized to use personal mobile phones for official duties; and services as authorized by section 3109 of title 5, United States Code; $227,845,000; of which $300,000 shall remain available until expended to be distributed to Federal law enforcement agencies for expenses incurred participating in training accreditation; and of which not to exceed $9,180 shall be for official reception and representation expenses: Provided , That the Center is authorized to obligate funds in anticipation of reimbursements from agencies receiving training sponsored by the Center, except that total obligations at the end of the fiscal year shall not exceed total budgetary resources available at the end of the fiscal year: Provided further , That section 1202(a) of Public Law 107–206 ( 42 U.S.C. 3771 note), as amended under this heading in division D of Public Law 113–6 is further amended by striking December 31, 2015 and inserting December 31, 2016 : Provided further , That the Director of the Federal Law Enforcement Training Center shall schedule basic or advanced law enforcement training, or both, at all four training facilities under the control of the Federal Law Enforcement Training Center to ensure that such training facilities are operated at the highest capacity throughout the fiscal year: Provided further , That the Federal Law Enforcement Training Accreditation Board, including representatives from the Federal law enforcement community and non-Federal accreditation experts involved in law enforcement training, shall lead the Federal law enforcement training accreditation process to continue the implementation of measuring and assessing the quality and effectiveness of Federal law enforcement training programs, facilities, and instructors. Acquisitions, construction, improvements, and related expenses For acquisition of necessary additional real property and facilities, construction, and ongoing maintenance, facility improvements, and related expenses of the Federal Law Enforcement Training Center, $30,885,000, to remain available until September 30, 2018: Provided , That the Center is authorized to accept reimbursement to this appropriation from government agencies requesting the construction of special use facilities. Science and technology Management and administration For salaries and expenses of the Office of the Under Secretary for Science and Technology and for management and administration of programs and activities as authorized by title III of the Homeland Security Act of 2002 ( 6 U.S.C. 181 et seq. ), $129,000,000: Provided , That not to exceed $7,650 shall be for official reception and representation expenses: Provided further , That the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives, at the time that the President’s budget proposal for fiscal year 2015 is submitted pursuant to section 1105(a) of title 31, United States Code, a report outlining reforms to research and development programs, as specified in the accompanying report. Research, development, acquisition, and operations For necessary expenses for science and technology research, including advanced research projects, development, test and evaluation, acquisition, and operations as authorized by title III of the Homeland Security Act of 2002 ( 6 U.S.C. 181 et seq. ), and the purchase or lease of not to exceed 5 vehicles, $1,096,488,000; of which $548,703,000 shall remain available until September 30, 2016; and of which $547,785,000 shall remain available until September 30, 2018, solely for operation and construction of laboratory facilities: Provided , That of the funds provided for the operation and construction of laboratory facilities under this heading, $404,000,000 shall be for construction of the National Bio- and Agro-defense Facility. Domestic nuclear detection office Management and administration For salaries and expenses of the Domestic Nuclear Detection Office, as authorized by title XIX of the Homeland Security Act of 2002 ( 6 U.S.C. 591 et seq. ), for management and administration of programs and activities, $37,353,000: Provided , That not to exceed $2,250 shall be for official reception and representation expenses: Provided further , That not later than 60 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a strategic plan of investments necessary to implement the Department of Homeland Security's responsibilities under the domestic component of the global nuclear detection architecture that shall: (1) define the role and responsibilities of each Departmental component in support of the domestic detection architecture, including any existing or planned programs to pre-screen cargo or conveyances overseas; (2) identify and describe the specific investments being made by each Departmental component in fiscal year 2014 and planned for fiscal year 2015 to support the domestic architecture and the security of sea, land, and air pathways into the United States; (3) describe the investments necessary to close known vulnerabilities and gaps, including associated costs and timeframes, and estimates of feasibility and cost effectiveness; and (4) explain how the Department's research and development funding is furthering the implementation of the domestic nuclear detection architecture, including specific investments planned for each of fiscal years 2014 and 2015. Research, development, and operations For necessary expenses for radiological and nuclear research, development, testing, evaluation, and operations, $211,210,000, to remain available until September 30, 2015. Systems acquisition For expenses for the Domestic Nuclear Detection Office acquisition and deployment of radiological detection systems in accordance with the global nuclear detection architecture, $42,600,000, to remain available until September 30, 2016. V General provisions 501. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 502. Subject to the requirements of section 503 of this Act, the unexpended balances of prior appropriations provided for activities in this Act may be transferred to appropriation accounts for such activities established pursuant to this Act, may be merged with funds in the applicable established accounts, and thereafter may be accounted for as one fund for the same time period as originally enacted. 503. (a) None of the funds provided by this Act, provided by previous appropriations Acts to the agencies in or transferred to the Department of Homeland Security that remain available for obligation or expenditure in fiscal year 2014, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates a new program, project, or activity; (2) eliminates a program, project, office, or activity; (3) increases funds for any program, project, or activity for which funds have been denied or restricted by the Congress; (4) proposes to use funds directed for a specific activity by either of the Committees on Appropriations of the Senate or the House of Representatives for a different purpose; or (5) contracts out any function or activity for which funding levels were requested for Federal full-time equivalents in the object classification tables contained in the fiscal year 2014 Budget Appendix for the Department of Homeland Security, as modified by the report accompanying this Act, unless the Committees on Appropriations of the Senate and the House of Representatives are notified 15 days in advance of such reprogramming of funds. (b) None of the funds provided by this Act, provided by previous appropriations Acts to the agencies in or transferred to the Department of Homeland Security that remain available for obligation or expenditure in fiscal year 2014, or provided from any accounts in the Treasury of the United States derived by the collection of fees or proceeds available to the agencies funded by this Act, shall be available for obligation or expenditure for programs, projects, or activities through a reprogramming of funds in excess of $5,000,000 or 10 percent, whichever is less, that: (1) augments existing programs, projects, or activities; (2) reduces by 10 percent funding for any existing program, project, or activity; (3) reduces by 10 percent the numbers of personnel approved by the Congress; or (4) results from any general savings from a reduction in personnel that would result in a change in existing programs, projects, or activities as approved by the Congress, unless the Committees on Appropriations of the Senate and the House of Representatives are notified 15 days in advance of such reprogramming of funds. (c) Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Homeland Security by this Act or provided by previous appropriations Acts may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by such transfers: Provided , That any transfer under this section shall be treated as a reprogramming of funds under subsection (b) and shall not be available for obligation unless the Committees on Appropriations of the Senate and the House of Representatives are notified 15 days in advance of such transfer. (d) Notwithstanding subsections (a), (b), and (c) of this section, no funds shall be reprogrammed within or transferred between appropriations after June 30, except in extraordinary circumstances that imminently threaten the safety of human life or the protection of property. (e) The notification thresholds and procedures set forth in this section shall apply to any use of deobligated balances of funds provided in previous Department of Homeland Security Appropriations Acts. 504. (a) The Department of Homeland Security Working Capital Fund, established pursuant to section 403 of Public Law 103–356 ( 31 U.S.C. 501 note), shall continue operations as a permanent working capital fund for fiscal year 2014: Provided , That none of the funds appropriated or otherwise made available to the Department of Homeland Security may be used to make payments to the Working Capital Fund, except for the activities and amounts allowed in the President's fiscal year 2014 budget: Provided further , That funds provided to the Working Capital Fund shall be available for obligation until expended to carry out the purposes of the Working Capital Fund: Provided further , That all departmental components shall be charged only for direct usage of each Working Capital Fund service: Provided further , That funds provided to the Working Capital Fund shall be used only for purposes consistent with the contributing component: Provided further , That the Working Capital Fund shall be paid in advance or reimbursed at rates which will return the full cost of each service: Provided further , That the Working Capital Fund shall be subject to the requirements of section 503 of this Act. (b) The amounts appropriated in this Act are hereby reduced by $250,000,000 to reflect cash balance and rate stabilization adjustments in the Working Capital Fund. 505. Except as otherwise specifically provided by law, not to exceed 50 percent of unobligated balances remaining available at the end of fiscal year 2014 from appropriations for salaries and expenses for fiscal year 2014 in this Act shall remain available through September 30, 2015, in the account and for the purposes for which the appropriations were provided: Provided , That prior to the obligation of such funds, a request shall be submitted to the Committees on Appropriations of the Senate and the House of Representatives for approval in accordance with section 503 of this Act. 506. Funds made available by this Act for intelligence activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 ( 50 U.S.C. 414 ) during fiscal year 2014 until the enactment of an Act authorizing intelligence activities for fiscal year 2014. 507. (a) Except as provided in subsections (b) and (c), none of the funds made available by this Act may be used to— (1) make or award a grant allocation, grant, contract, other transaction agreement, or task or delivery order on a Department of Homeland Security multiple award contract, or to issue a letter of intent totaling in excess of $1,000,000; (2) award a task or delivery order requiring an obligation of funds in an amount greater than $10,000,000 from multi-year Department of Homeland Security funds or a task or delivery order that would cause cumulative obligations of multi-year funds in a single account to exceed 50 percent of the total amount appropriated; (3) make a sole-source grant award; or (4) announce publicly the intention to make or award items under paragraph (1), (2), or (3) including a contract covered by the Federal Acquisition Regulation. (b) The Secretary of Homeland Security may waive the prohibition under subsection (a) if the Secretary notifies the Committees on Appropriations of the Senate and the House of Representatives at least 3 full business days in advance of making an award or issuing a letter as described in that subsection. (c) If the Secretary of Homeland Security determines that compliance with this section would pose a substantial risk to human life, health, or safety, an award may be made without notification, and the Secretary shall notify the Committees on Appropriations of the Senate and the House of Representatives not later than 5 full business days after such an award is made or letter issued. (d) A notification under this section— (1) may not involve funds that are not available for obligation; and (2) shall include the amount of the award; the fiscal year for which the funds for the award were appropriated; the type of contract; and the account and each program, project, and activity from which the funds are being drawn. (e) The Administrator of the Federal Emergency Management Agency shall brief the Committees on Appropriations of the Senate and the House of Representatives 5 full business days in advance of announcing publicly the intention of making an award under State and Local Programs . 508. Notwithstanding any other provision of law, no agency shall purchase, construct, or lease any additional facilities, except within or contiguous to existing locations, to be used for the purpose of conducting Federal law enforcement training without the advance approval of the Committees on Appropriations of the Senate and the House of Representatives, except that the Federal Law Enforcement Training Center is authorized to obtain the temporary use of additional facilities by lease, contract, or other agreement for training that cannot be accommodated in existing Center facilities. 509. None of the funds appropriated or otherwise made available by this Act may be used for expenses for any construction, repair, alteration, or acquisition project for which a prospectus otherwise required under chapter 33 of title 40, United States Code, has not been approved, except that necessary funds may be expended for each project for required expenses for the development of a proposed prospectus. 510. (a) Sections 520, 522, and 530 of the Department of Homeland Security Appropriations Act, 2008 (division E of Public Law 110–161 ; 121 Stat. 2073 and 2074) shall apply with respect to funds made available in this Act in the same manner as such sections applied to funds made available in that Act. (b) The third proviso of section 537 of the Department of Homeland Security Appropriations Act, 2006 ( 6 U.S.C. 114 ), shall not apply with respect to funds made available in this Act. 511. None of the funds made available in this Act may be used in contravention of the applicable provisions of the Buy American Act. For purposes of the preceding sentence, the term Buy American Act means chapter 83 of title 41, United States Code. 512. None of the funds made available in this Act may be used by any person other than the Privacy Officer appointed under subsection (a) of section 222 of the Homeland Security Act of 2002 ( 6 U.S.C. 142(a) ) to alter, direct that changes be made to, delay, or prohibit the transmission to Congress of any report prepared under paragraph (6) of such subsection. 513. None of the funds made available in this Act may be used to amend the oath of allegiance required by section 337 of the Immigration and Nationality Act ( 8 U.S.C. 1448 ). 514. Within 45 days after the end of each month, the Chief Financial Officer of the Department of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a monthly budget and staffing report for that month that includes total obligations, on-board versus funded full-time equivalent staffing levels, and the number of contract employees for each office of the Department. 515. Except as provided in section 44945 of title 49, United States Code, funds appropriated or transferred to Transportation Security Administration Aviation Security , Administration , and Transportation Security Support for fiscal years 2004 and 2005 that are recovered or deobligated shall be available only for the procurement or installation of explosives detection systems, air cargo, baggage, and checkpoint screening systems, subject to notification: Provided , That quarterly reports shall be submitted to the Committees on Appropriations of the Senate and the House of Representatives on any funds that are recovered or deobligated. 516. Any funds appropriated to Coast Guard Acquisition, Construction, and Improvements for fiscal years 2002, 2003, 2004, 2005, and 2006 for the 110–123 foot patrol boat conversion that are recovered, collected, or otherwise received as the result of negotiation, mediation, or litigation, shall be available until expended for the Fast Response Cutter program. 517. Section 532(a) of Public Law 109–295 (120 Stat. 1384) is amended by striking 2013 and inserting 2014 . 518. The functions of the Federal Law Enforcement Training Center instructor staff shall be classified as inherently governmental for the purpose of the Federal Activities Inventory Reform Act of 1998 ( 31 U.S.C. 501 note). 519. (a) The Secretary of Homeland Security shall submit a report not later than October 15, 2014, to the Office of Inspector General of the Department of Homeland Security listing all grants and contracts awarded by any means other than full and open competition during fiscal year 2014. (b) The Inspector General shall review the report required by subsection (a) to assess Departmental compliance with applicable laws and regulations and report the results of that review to the Committees on Appropriations of the Senate and the House of Representatives not later than February 15, 2015. 520. None of the funds provided by this or previous appropriations Acts shall be used to fund any position designated as a Principal Federal Official (or the successor thereto) for any Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) declared disasters or emergencies unless— (1) the responsibilities of the Principal Federal Official do not include operational functions related to incident management, including coordination of operations, and are consistent with the requirements of section 509(c) and sections 503(c)(3) and 503(c)(4)(A) of the Homeland Security Act of 2002 ( 6 U.S.C. 319(c) and 313(c)(3) and 313(c)(4)(A)) and section 302 of the Robert T. Stafford Disaster Relief and Assistance Act ( 42 U.S.C. 5143 ); (2) not later than 10 business days after the latter of the date on which the Secretary of Homeland Security appoints the Principal Federal Official and the date on which the President issues a declaration under section 401 or section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 and 5191, respectively), the Secretary of Homeland Security shall submit a notification of the appointment of the Principal Federal Official and a description of the responsibilities of such Official and how such responsibilities are consistent with paragraph (1) to the Committees on Appropriations of the Senate and the House of Representatives, the Transportation and Infrastructure Committee of the House of Representatives, and the Homeland Security and Governmental Affairs Committee of the Senate; and (3) not later than 60 days after the date of enactment of this Act, the Secretary shall provide a report specifying timeframes and milestones regarding the update of operations, planning and policy documents, and training and exercise protocols, to ensure consistency with paragraph (1) of this section. 521. None of the funds provided or otherwise made available in this Act shall be available to carry out section 872 of the Homeland Security Act of 2002 ( 6 U.S.C. 452 ). 522. None of the funds made available in this Act may be used by United States Citizenship and Immigration Services to grant an immigration benefit unless the results of background checks required by law to be completed prior to the granting of the benefit have been received by United States Citizenship and Immigration Services, and the results do not preclude the granting of the benefit. 523. Section 831 of the Homeland Security Act of 2002 ( 6 U.S.C. 391 ) is amended— (1) in subsection (a), by striking Until September 30, 2013, and inserting Until September 30, 2014, ; (2) in subsection (c)(1), by striking September 30, 2013, and inserting September 30, 2014, . 524. The Secretary of Homeland Security shall require that all contracts of the Department of Homeland Security that provide award fees link such fees to successful acquisition outcomes (which outcomes shall be specified in terms of cost, schedule, and performance). 525. None of the funds made available to the Office of the Secretary and Executive Management under this Act may be expended for any new hires by the Department of Homeland Security that are not verified through the E-Verify Program as described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note). 526. None of the funds made available in this Act for U.S. Customs and Border Protection may be used to prevent an individual not in the business of importing a prescription drug (within the meaning of section 801(g) of the Federal Food, Drug, and Cosmetic Act) from importing a prescription drug from Canada that complies with the Federal Food, Drug, and Cosmetic Act: Provided , That this section shall apply only to individuals transporting on their person a personal-use quantity of the prescription drug, not to exceed a 90-day supply: Provided further , That the prescription drug may not be— (1) a controlled substance, as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ); or (2) a biological product, as defined in section 351 of the Public Health Service Act ( 42 U.S.C. 262 ). 527. The Secretary of Homeland Security, in consultation with the Secretary of the Treasury, shall notify the Committees on Appropriations of the Senate and the House of Representatives of any proposed transfers of funds available under section 9703(g)(4)(B) of title 31, United States Code (as added by Section 638 of Public Law 102–393 ) from the Department of the Treasury Forfeiture Fund to any agency within the Department of Homeland Security: Provided , That none of the funds identified for such a transfer may be obligated until the Committees on Appropriations of the Senate and the House of Representatives approve the proposed transfers. 528. None of the funds made available in this Act may be used for planning, testing, piloting, or developing a national identification card. 529. If the Administrator of the Transportation Security Administration determines that an airport does not need to participate in the E-Verify Program as described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note), the Administrator shall certify to the Committees on Appropriations of the Senate and the House of Representatives that no security risks will result from such non-participation. 530. (a) Notwithstanding any other provision of this Act, except as provided in subsection (b), and 30 days after the date on which the President determines whether to declare a major disaster because of an event and any appeal is completed, the Administrator shall publish on the Web site of the Federal Emergency Management Agency a report regarding that decision that shall summarize damage assessment information used to determine whether to declare a major disaster. (b) The Administrator may redact from a report under subsection (a) any data that the Administrator determines would compromise national security. (c) In this section— (1) the term Administrator means the Administrator of the Federal Emergency Management Agency; and (2) the term major disaster has the meaning given that term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 ). 531. Any official that is required by this Act to report or to certify to the Committees on Appropriations of the Senate and the House of Representatives may not delegate such authority to perform that act unless specifically authorized herein. 532. Section 550(b) of the Department of Homeland Security Appropriations Act, 2007 ( Public Law 109–295 ; 6 U.S.C. 121 note), as amended by section 537 of the Department of Homeland Security Appropriations Act, 2013 ( Public Law 113–6 ), is further amended by striking on October 4, 2013 and inserting on October 4, 2014 . 533. None of the funds appropriated or otherwise made available in this or any other Act may be used to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions Khalid Sheikh Mohammed or any other detainee who— (1) is not a United States citizen or a member of the Armed Forces of the United States; and (2) is or was held on or after June 24, 2009, at the United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense. 534. None of the funds made available in this Act may be used for first-class travel by the employees of agencies funded by this Act in contravention of sections 301–10.122 through 301.10–124 of title 41, Code of Federal Regulations. 535. None of the funds made available in this or any other Act for fiscal year 2014 and thereafter may be used to propose or effect a disciplinary or adverse action, with respect to any Department of Homeland Security employee who engages regularly with the public in the performance of his or her official duties solely because that employee elects to utilize protective equipment or measures, including but not limited to surgical masks, N95 respirators, gloves, or hand-sanitizers, where use of such equipment or measures is in accord with Department of Homeland Security policy and Centers for Disease Control and Prevention and Office of Personnel Management guidance. 536. None of the funds made available in this Act may be used to employ workers described in section 274A(h)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(h)(3) ). 537. (a) Any company that collects or retains personal information directly from any individual who participates in the Registered Traveler or successor program of the Transportation Security Administration shall safeguard and dispose of such information in accordance with the requirements in— (1) the National Institute for Standards and Technology Special Publication 800–30, entitled Risk Management Guide for Information Technology Systems ; (2) the National Institute for Standards and Technology Special Publication 800–53, Revision 3, entitled Recommended Security Controls for Federal Information Systems and Organizations ; and (3) any supplemental standards established by the Administrator of the Transportation Security Administration (referred to in this section as the Administrator ). (b) The airport authority or air carrier operator that sponsors the company under the Registered Traveler program shall be known as the Sponsoring Entity . (c) The Administrator shall require any company covered by subsection (a) to provide, not later than 30 days after the date of enactment of this Act, to the Sponsoring Entity written certification that the procedures used by the company to safeguard and dispose of information are in compliance with the requirements under subsection (a). Such certification shall include a description of the procedures used by the company to comply with such requirements. 538. Notwithstanding any other provision of this Act, none of the funds appropriated or otherwise made available by this Act may be used to pay award or incentive fees for contractor performance that has been judged to be below satisfactory performance or performance that does not meet the basic requirements of a contract. 539. (a) Not later than 180 days after the date of enactment of this Act, the Administrator of the Transportation Security Administration shall submit to the Committees on Appropriations of the Senate and the House of Representatives, a report that either— (1) certifies that the requirement for screening all air cargo on passenger aircraft by the deadline under section 44901(g) of title 49, United States Code, has been met; or (2) includes a strategy to comply with the requirements under title 44901(g) of title 49, United States Code, including— (A) a plan to meet the requirement under section 44901(g) of title 49, United States Code, to screen 100 percent of air cargo transported on passenger aircraft arriving in the United States in foreign air transportation (as that term is defined in section 40102 of that title); and (B) specification of— (i) the percentage of such air cargo that is being screened; and (ii) the schedule for achieving screening of 100 percent of such air cargo. (b) The Administrator shall continue to submit reports described in subsection (a)(2) every 180 days thereafter until the Administrator certifies that the Transportation Security Administration has achieved screening of 100 percent of such air cargo. 540. In developing any process to screen aviation passengers and crews for transportation or national security purposes, the Secretary of Homeland Security shall ensure that all such processes take into consideration such passengers' and crews' privacy and civil liberties consistent with applicable laws, regulations, and guidance. 541. (a) Notwithstanding section 1356(n) of title 8, United States Code, of the funds deposited into the Immigration Examinations Fee Account, $10,000,000 may be allocated by United States Citizenship and Immigration Services in fiscal year 2014 for the purpose of providing an immigrant integration grants program. (b) None of the funds made available to United States Citizenship and Immigration Services for grants for immigrant integration may be used to provide services to aliens who have not been lawfully admitted for permanent residence. 542. None of the funds appropriated or otherwise made available by this Act may be used by the Department of Homeland Security to enter into any Federal contract unless such contract is entered into in accordance with the requirements of subtitle I of title 41, United States Code or chapter 137 of title 10, United States Code, and the Federal Acquisition Regulation, unless such contract is otherwise authorized by statute to be entered into without regard to the above referenced statutes. 543. (a) For an additional amount for data center migration, $34,200,000. (b) Funds made available in subsection (a) for data center migration may be transferred by the Secretary of Homeland Security between appropriations for the same purpose, notwithstanding section 503 of this Act. (c) No transfer described in subsection (b) shall occur until 15 days after the Committees on Appropriations of the Senate and the House of Representatives are notified of such transfer. 544. Notwithstanding any other provision of law, if the Secretary of Homeland Security determines that specific U.S. Immigration and Customs Enforcement Service Processing Centers or other U.S. Immigration and Customs Enforcement owned detention facilities no longer meet the mission need, the Secretary is authorized to dispose of individual Service Processing Centers or other U.S. Immigration and Customs Enforcement owned detention facilities by directing the Administrator of General Services to sell all real and related personal property which support Service Processing Centers or other U.S. Immigration and Customs Enforcement owned detention facilities, subject to such terms and conditions as necessary to protect Government interests and meet program requirements: Provided , That the proceeds, net of the costs of sale incurred by the General Services Administration and U.S. Immigration and Customs Enforcement, shall be deposited as offsetting collections into a separate account that shall be available, subject to appropriation, until expended for other real property capital asset needs of existing U.S. Immigration and Customs Enforcement assets, excluding daily operations and maintenance costs, as the Secretary deems appropriate: Provided further , That any sale or collocation of federally owned detention facilities shall not result in the maintenance of fewer than 34,000 detention beds: Provided further , That the Committees on Appropriations of the Senate and the House of Representatives shall be notified 15 days prior to the announcement of any proposed sale or collocation. 545. None of the funds made available under this Act or any prior appropriations Act may be provided to the Association of Community Organizations for Reform Now (ACORN), or any of its affiliates, subsidiaries, or allied organizations. 546. The Commissioner of U.S. Customs and Border Protection and the Assistant Secretary of Homeland Security for U.S. Immigration and Customs Enforcement shall, with respect to fiscal years 2014, 2015, 2016, and 2017, submit to the Committees on Appropriations of the Senate and the House of Representatives, at the time that the President’s budget proposal for fiscal year 2015 is submitted pursuant to the requirements of section 1105(a) of title 31, United States Code, the information required in the multi-year investment and management plans required, respectively, under the headings U.S. Customs and Border Protection, Salaries and Expenses under title II of division D of the Consolidated Appropriations Act, 2012 ( Public Law 112–74 ), and U.S. Customs and Border Protection, Border Security Fencing, Infrastructure, and Technology under such title, and section 568 of such Act. 547. The Secretary of Homeland Security shall ensure enforcement of immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(17) )). 548. The Secretary of Homeland Security shall submit to the Committees on Appropriations of the House of Representatives and the Senate, at the time that the President’s budget proposal for fiscal year 2015 is submitted pursuant to section 1105(a) of title 31, United States Code, a report detailing the fiscal policy that prescribes Coast Guard budgetary policies, procedures, and technical direction necessary to comply with subsection (a) of section 557 of division D of Public Law 113–6 (as required to be developed under subsection (b) of such section). 549. (a) Of the amounts made available by this Act for National Protection and Programs Directorate, Infrastructure Protection and Information Security , $199,725,000 for the Federal Network Security program, project, and activity shall be used to deploy on Federal systems technology to improve the information security of agency information systems covered by section 3543(a) of title 44, United States Code: Provided , That funds made available under this section shall be used to assist and support Government-wide and agency-specific efforts to provide adequate, risk-based, and cost-effective cybersecurity to address escalating and rapidly evolving threats to information security, including the acquisition and operation of a continuous monitoring and diagnostics program, in collaboration with departments and agencies, that includes equipment, software, and Department of Homeland Security supplied services: Provided further , That not later than April 1, 2014, and quarterly thereafter, the Under Secretary of Homeland Security of the National Protection and Programs Directorate shall submit to the Committees on Appropriations of the Senate and House of Representatives a report on the obligation and expenditure of funds made available under this section: Provided further , That continuous monitoring and diagnostics software procured by the funds made available by this section shall not transmit to the Department of Homeland Security any personally identifiable information or content of network communications of other agencies' users: Provided further , That such software shall be installed, maintained, and operated in accordance with all applicable privacy laws and agency-specific policies regarding network content. (b) Funds made available under this section may not be used to supplant funds provided for any such system within an agency budget. (c) Not later than July 1, 2014, the heads of all Federal agencies shall submit to the Committees on Appropriations of the Senate and House of Representatives expenditure plans for necessary cybersecurity improvements to address known vulnerabilities to information systems described in subsection (a). (d) Not later than October 1, 2014, and quarterly thereafter, the head of each Federal agency shall submit to the Director of the Office of Management and Budget a report on the execution of the expenditure plan for that agency required by subsection (c): Provided , That the Director of the Office of Management and Budget shall summarize such execution reports and annually submit such summaries to Congress in conjunction with the annual progress report on implementation of the E-Government Act of 2002 ( Public Law 107–347 ), as required by section 3606 of title 44, United States Code. (e) This section shall not apply to the legislative and judicial branches of the Federal Government and shall apply to all Federal agencies within the executive branch except for the Department of Defense, the Central Intelligence Agency, and the Office of the Director of National Intelligence. 550. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. 551. None of the funds made available in this Act may be used by a Federal law enforcement officer to facilitate the transfer of an operable firearm to an individual if the Federal law enforcement officer knows or suspects that the individual is an agent of a drug cartel unless law enforcement personnel of the United States continuously monitor or control the firearm at all times. 552. Fifty percent of each of the appropriations provided in this Act for the Office of the Secretary and Executive Management , the Office of the Under Secretary for Management , and the Office of the Chief Financial Officer shall be withheld from obligation until the reports and plans required in this Act to be submitted on or before March 14, 2014, are received by the Committees on Appropriations of the Senate and the House of Representatives. 553. None of the funds provided in this or any other Act may be obligated to implement the National Preparedness Grant Program or any other successor grant programs unless explicitly authorized by Congress. 554. None of the funds made available in this Act may be used to provide funding for the position of Public Advocate, or a successor position, within U.S. Immigration and Customs Enforcement. 555. None of the funds made available in this Act may be used to pay for the travel to or attendance of more than 50 employees of a single component of the Department of Homeland Security, who are stationed in the United States, at a single international conference unless the Secretary of Homeland Security determines that such attendance is in the national interest and notifies the Committees on Appropriations of the Senate and the House of Representatives within at least 10 days of that determination and the basis for that determination: Provided , That for purposes of this section the term international conference shall mean a conference occurring outside of the United States attended by representatives of the United States Government and of foreign governments, international organizations, or nongovernmental organizations. 556. None of the funds made available by this Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to any corporation that was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation, or such officer or agent, and made a determination that this further action is not necessary to protect the interests of the Government. 557. None of the funds made available in this Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation for which any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. 558. (a) The Secretary of Homeland Security shall submit quarterly reports to the Inspector General of the Department of Homeland Security regarding the costs and contracting procedures related to each conference or ceremony (including commissionings and changes of command) held by any departmental component or office in fiscal year 2014 for which the cost to the United States Government was more than $20,000. (b) Each report submitted shall include, for each conference or ceremony in subsection (a) held during the applicable quarter –— (1) a description of its purpose; (2) the number of participants attending; (3) a detailed statement of the costs to the United States Government, including –— (A) the cost of any food or beverages; (B) the cost of any audio-visual services; (C) the cost of travel to and from the conference or ceremony; (D) a discussion of the methodology used to determine which costs relate to the conference or ceremony; and (4) a description of the contracting procedures used including –— (A) whether contracts were awarded on a competitive basis; and (B) a discussion of any cost comparison conducted by the departmental component or office in evaluating potential contractors for the conference or ceremony. (c) A grant or contract funded by amounts appropriated by this Act may not be used for the purpose of defraying the costs of a conference or ceremony described in subsection (a) that is not directly and programmatically related to the purpose for which the grant or contract was awarded, such as a conference or ceremony held in connection with planning, training, assessment, review, or other routine purposes related to a project funded by the grant or contract. (d) None of the funds made available in the Act may be used for travel and conference activities that are not in compliance with Office of Management and Budget Memorandum M-12-12 dated May 11, 2012. 559. None of the funds made available in this Act may be used for pre-clearance operations in new locations unless the required conditions relative to these operations and contained in the accompanying report are met. 560. In making grants under the heading ‘‘Firefighter Assistance Grants’’, the Secretary shall grant waivers from the requirements in subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), (c)(1), (c)(2), and (c)(4) of section 34 of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2229a ). 561. None of the funds made available in this Act may be used to establish, collect, or otherwise impose a border crossing fee for pedestrians or passenger vehicles at land ports of entry along the Southern border or the Northern border, or to conduct any study relating to the imposition of such a fee. 562. None of the funds made available by this Act may be used to eliminate or reduce funding for a program, project or activity as proposed in the President’s budget request for a fiscal year until such proposed change is subsequently enacted in an appropriation Act, or unless such change is made pursuant to the reprogramming or transfer provisions of this Act. 563. None of the funds made available by this Act may be used to approve a classification petition filed for or by a citizen or national of Brazil in order to render such individual eligible to receive an immigrant visa. 564. None of the funds appropriated by this Act for U.S. Immigration and Customs Enforcement shall be available to pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape or incest: Provided , That should this prohibition be declared unconstitutional by a court of competent jurisdiction, this section shall be null and void. 565. None of the funds appropriated by this Act for U.S. Immigration and Customs Enforcement shall be used to require any person to perform, or facilitate in any way the performance of, any abortion. 566. Nothing in the preceding section shall remove the obligation of the Assistant Secretary of Homeland Security for U.S. Immigration and Customs Enforcement to provide escort services necessary for a female detainee to receive such service outside the detention facility: Provided , That nothing in this section in any way diminishes the effect of section 565 intended to address the philosophical beliefs of individual employees of U.S. Immigration and Customs Enforcement. 567. (a) The Secretary of Homeland Security shall submit to Congress, at the time that the President’s budget proposal for fiscal year 2015 is submitted pursuant to section 1105(a) of title 31, United States Code, a comprehensive report on purchase and usage of ammunition by the Department of Homeland Security, that includes— (1) mission requirements pertaining to ammunition, including certification, qualification, training, and inventory requirements for each relevant Department component or agency and a comparison of such requirements to the requirements of Federal law enforcement agencies of the Department of Justice and the military components of the Department of Defense; and (2) details on all contracting practices applied by the Department of Homeland Security to procure ammunition, including comparative details regarding other contracting options with respect to cost and availability. (b) Beginning on April 15, 2014, and quarterly thereafter, the Secretary of Homeland Security shall submit a report to Congress that includes — (1) the quantity of ammunition in inventory in the Department of Homeland Security at the end of the preceding calendar quarter, subdivided by ammunition type, and how such quantity aligns to mission requirements of each relevant Department of Homeland Security component or agency; (2) the quantity of ammunition used by the Department of Homeland Security during the preceding calendar quarter, subdivided by ammunition type, the purpose of such usage, the average number of rounds used per agent or officer subdivided by ammunition type, and how such usage aligns to mission requirements, including certification, qualification, and training requirements, for each relevant Department of Homeland Security component or agency; and (3) the quantity of ammunition purchased by the Department of Homeland Security during the preceding calendar quarter, subdivided by ammunition type, and the associated contract details of such purchase, for each relevant Department of Homeland Security component or agency. (rescissions) 568. Of the funds appropriated to the Department of Homeland Security, the following funds are hereby rescinded from the following accounts and programs in the specified amounts: Provided , That no amounts may be rescinded from amounts that were designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985 ( Public Law 99–177 ), as amended: (1) $14,500,000 from Public Law 111–83 under the heading Coast Guard Acquisition, Construction, and Improvements ; (2) $21,612,000 from Public Law 112–10 under the heading Coast Guard Acquisition, Construction, and Improvements ; (3) $41,000,000 from Public Law 112–74 under the heading Coast Guard Acquisition, Construction, and Improvements ; (4) $32,479,000 from Public Law 113–6 under the heading Coast Guard Acquisition, Construction, and Improvements . (rescission) 569. From the unobligated balances made available in the Department of the Treasury Forfeiture Fund established by section 9703 of title 31, United States Code, (added by section 638 of Public Law 102–393 ) $100,000,000 shall be permanently rescinded. Spending reduction account 570. The amount by which the applicable allocation of new budget authority made by the Committee on Appropriations of the House of Representatives under section 302(b) of the Congressional Budget Act of 1974 exceeds the amount of proposed new budget authority is $0. This Act may be cited as the Department of Homeland Security Appropriations Act, 2014 . May 29, 2013 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

https://www.govinfo.gov/content/pkg/BILLS-113hr2217rh/xml/BILLS-113hr2217rh.xml

113-hr-2218

I 113th CONGRESS 1st Session H. R. 2218 IN THE HOUSE OF REPRESENTATIVES June 3, 2013 Mr. McKinley (for himself, Mr. Peterson , Mr. Whitfield , Mr. Enyart , Mr. Rogers of Kentucky , Mr. Barrow of Georgia , Mr. Rahall , Mr. Kind , Mr. Johnson of Ohio , Mr. Cuellar , Mr. Stutzman , Mr. Walz , Mrs. Capito , Mr. Womack , Mr. Harper , Ms. Jenkins , Mr. Gibbs , Mrs. Blackburn , Mr. Nunnelee , Mr. Gosar , Mr. Barletta , Mr. Matheson , Mr. Stivers , Mr. Long , Mr. Guthrie , Mr. Barr , Mr. Rokita , Mrs. Ellmers , Mr. Young of Indiana , Mr. Bucshon , Mrs. Lummis , Mr. Renacci , Mr. Bishop of Georgia , Mr. Thompson of Mississippi , Mr. Shimkus , and Mr. Kelly of Pennsylvania ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend subtitle D of the Solid Waste Disposal Act to encourage recovery and beneficial use of coal combustion residuals and establish requirements for the proper management and disposal of coal combustion residuals that are protective of human health and the environment. 1. Short title and table of contents (a) Short title This Act may be cited as the Coal Residuals Reuse and Management Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Management and disposal of coal combustion residuals. Sec. 3. 2000 regulatory determination. Sec. 4. Technical assistance. Sec. 5. Federal Power Act. 2. Management and disposal of coal combustion residuals (a) In general Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) is amended by adding at the end the following: 4011. Management and disposal of coal combustion residuals (a) State permit programs for coal combustion residuals Each State may adopt, implement, and enforce a coal combustion residuals permit program if such State provides the notification required under subsection (b)(1), and the certification required under subsection (b)(2). (b) State actions (1) Notification Not later than 6 months after the date of enactment of this section (except as provided by the deadline identified under subsection (d)(3)(B)), the Governor of each State shall notify the Administrator, in writing, whether such State will adopt and implement a coal combustion residuals permit program. (2) Certification (A) In general Not later than 36 months after the date of enactment of this section (except as provided in subsection (f)(1)(A)), in the case of a State that has notified the Administrator that it will implement a coal combustion residuals permit program, the head of the lead State implementing agency shall submit to the Administrator a certification that such coal combustion residuals permit program meets the requirements described in subsection (c). (B) Contents A certification submitted under this paragraph shall include— (i) a letter identifying the lead State implementing agency, signed by the head of such agency; (ii) identification of any other State agencies involved with the implementation of the coal combustion residuals permit program; (iii) an explanation of how the State coal combustion residuals permit program meets the requirements of this section, including a description of the State’s— (I) process to inspect or otherwise determine compliance with such permit program; (II) process to enforce the requirements of such permit program; (III) public participation process for the promulgation, amendment, or repeal of regulations for, and the issuance of permits under, such permit program; (IV) statutes, regulations, or policies pertaining to public access to information, such as groundwater monitoring data; and (V) statutes, regulations, or policies pertaining to structural integrity or dam safety that may be applied to structures through such permit program; (iv) a certification that the State has in effect, at the time of certification, statutes or regulations necessary to implement a coal combustion residuals permit program that meets the requirements described in subsection (c); and (v) copies of State statutes and regulations described in clause (iv). (C) Updates A State may update the certification as needed to reflect changes to the coal combustion residuals permit program. (3) Maintenance of 4005(c) or 3006 program In order to adopt or implement a coal combustion residuals permit program under this section (including pursuant to subsection (f)), the State implementing agency shall maintain an approved permit program or other system of prior approval and conditions under section 4005(c) or an authorized program under section 3006. (c) Requirements for a coal combustion residuals permit program A coal combustion residuals permit program shall consist of the following: (1) General requirements (A) In general The implementing agency shall— (i) apply the subset of the revised criteria described in paragraph (2) to owners or operators of structures, including surface impoundments, that receive coal combustion residuals on or after the date of enactment of this section; (ii) with respect to structures that are receiving coal combustion residuals as of the date of enactment of this section, take the actions required under paragraph (3); (iii) impose requirements for surface impoundments that do not meet certain criteria pursuant to paragraph (4); and (iv) require that closure of structures occur in accordance with paragraph (5). (B) Structural integrity (i) Engineering certification The implementing agency shall require that an independent registered professional engineer certify that— (I) the design of each structure that receives coal combustion residuals on or after the date of enactment of this section is in accordance with recognized and generally accepted good engineering practices for containment of the maximum volume of coal combustion residuals and liquids which can be impounded therein; and (II) the construction and maintenance of the structure will ensure structural stability. (ii) Emergency action plan The implementing agency shall require that the owner or operator of any structure that is a surface impoundment that receives coal combustion residuals on or after the date of enactment of this section and that is classified by the State as posing a high hazard potential pursuant to the guidelines published by the Federal Emergency Management Agency entitled Federal Guidelines for Dam Safety: Hazard Potential Classification System for Dams (FEMA Publication Number 333) prepare and maintain an emergency action plan that identifies responsible persons and actions to be taken in the event of a dam safety emergency. (iii) Inspection (I) In general The implementing agency shall require that structures that are surface impoundments that receive coal combustion residuals on or after the date of enactment of this section be inspected not less than annually by an independent registered professional engineer to assure that the design, operation, and maintenance of the surface impoundment is in accordance with recognized and generally accepted good engineering practices for containment of the maximum volume of coal combustion residuals and liquids which can be impounded therein, so as to ensure dam stability. (II) Potentially hazardous conditions The implementing agency shall require that if an inspection under subclause (I), or a periodic evaluation under clause (iv), reveals a potentially hazardous condition, the owner or operator of the structure shall immediately take action to mitigate the potentially hazardous condition and notify appropriate State and local first responders. (iv) Periodic evaluation The implementing agency shall require that structures that are surface impoundments that receive coal combustion residuals on or after the date of enactment of this section be periodically evaluated for appearances of structural weakness. (v) Deficiency (I) In general If the head of the implementing agency determines that a structure is deficient with respect to the requirements in clause (i), (iii), or (iv), the head of the agency has the authority to require action to correct the deficiency according to a schedule determined by the agency. (II) Uncorrected deficiencies If a deficiency is not corrected according to the schedule, the head of the implementing agency has the authority to require that the structure close in accordance with paragraph (5). (III) Dam safety consultation In the case of a structure that is a surface impoundment, the head of the implementing agency shall, in making a determination under subclause (I), consult with appropriate State dam safety officials. (C) Location The implementing agency shall require that structures that first receive coal combustion residuals on or after the date of enactment of this section shall be constructed with a base located a minimum of 2 feet above the upper limit of the water table, unless it is demonstrated to the satisfaction of the implementing agency that— (i) the hydrogeologic characteristics of a structure and surrounding land would preclude such a requirement; and (ii) the function and integrity of the liner system will not be adversely impacted by contact with the water table. (D) Wind dispersal (i) In general The implementing agency shall require that owners or operators of structures that receive coal combustion residuals on or after the date of enactment of this section address wind dispersal of dust by requiring cover, or by wetting coal combustion residuals with water to a moisture content that prevents wind dispersal, facilitates compaction, and does not result in free liquids. (ii) Alternative methods Subject to the review and approval by the implementing agency, owners or operators of structures that receive coal combustion residuals on or after the date of enactment of this section may propose alternative methods to address wind dispersal of dust that will provide comparable or more effective control of dust. (E) Permits The implementing agency shall require that owners or operators of structures that receive coal combustion residuals on or after the date of enactment of this section apply for and obtain permits incorporating the requirements of the coal combustion residuals permit program. (F) Public availability of information Except for information with respect to which disclosure is prohibited under section 1905 of title 18, United States Code, the implementing agency shall ensure that— (i) documents for permit determinations are made available for public review and comment under the public participation process described in subsection (b)(2)(B)(iii)(III) or in subsection (e)(6), as applicable; (ii) final determinations on permit applications are made known to the public; and (iii) groundwater monitoring data collected under paragraph (2) is publicly available. (G) Agency authority (i) In general The implementing agency has the authority to— (I) obtain information necessary to determine whether the owner or operator of a structure is in compliance with the requirements of this subsection; (II) conduct or require monitoring and testing to ensure that structures are in compliance with the requirements of this subsection; and (III) enter, at reasonable times, any site or premise subject to the coal combustion residuals permit program for the purpose of inspecting structures and reviewing records relevant to the design, operation, and maintenance of structures. (ii) Monitoring and testing If monitoring or testing is conducted under clause (i)(II) by or for the implementing agency, the implementing agency shall, if requested, provide to the owner or operator— (I) a written description of the monitoring or testing completed; (II) at the time of sampling, a portion of each sample equal in volume or weight to the portion retained by or for the implementing agency; and (III) a copy of the results of any analysis of samples collected by or for the implementing agency. (2) Revised criteria The subset of the revised criteria referred to in paragraph (1)(A)(i) are as follows: (A) Design requirements For new structures, and lateral expansions of existing structures, that first receive coal combustion residuals on or after the date of enactment of this section, the revised criteria regarding design requirements described in section 258.40 of title 40, Code of Federal Regulations, except that the leachate collection system requirements described in section 258.40(a)(2) of title 40, Code of Federal Regulations, do not apply to structures that are surface impoundments. (B) Groundwater monitoring and corrective action For all structures that receive coal combustion residuals on or after the date of enactment of this section, the revised criteria regarding groundwater monitoring and corrective action requirements described in subpart E of part 258 of title 40, Code of Federal Regulations, except that, for the purposes of this subparagraph, the revised criteria shall also include— (i) for the purposes of detection monitoring, the constituents boron, chloride, conductivity, fluoride, mercury, pH, sulfate, sulfide, and total dissolved solids; and (ii) for the purposes of assessment monitoring, establishing a groundwater protection standard, and assessment of corrective measures, the constituents aluminum, boron, chloride, fluoride, iron, manganese, molybdenum, pH, sulfate, and total dissolved solids. (C) Closure For all structures that receive coal combustion residuals on or after the date of enactment of this section, in a manner consistent with paragraph (5), the revised criteria for closure described in subsections (a) through (c) and (h) through (j) of section 258.60 of title 40, Code of Federal Regulations. (D) Post-closure For all structures that receive coal combustion residuals on or after the date of enactment of this section, the revised criteria for post-closure care described in section 258.61 of title 40, Code of Federal Regulations, except for the requirement described in subsection (a)(4) of that section. (E) Location restrictions The revised criteria for location restrictions described in— (i) for new structures, and lateral expansions of existing structures, that first receive coal combustion residuals on or after the date of enactment of this section, sections 258.11 through 258.15 of title 40, Code of Federal Regulations; and (ii) for existing structures that receive coal combustion residuals on or after the date of enactment of this section, sections 258.11 and 258.15 of title 40, Code of Federal Regulations. (F) Air quality For all structures that receive coal combustion residuals on or after the date of enactment of this section, the revised criteria for air quality described in section 258.24 of title 40, Code of Federal Regulations. (G) Financial assurance For all structures that receive coal combustion residuals on or after the date of enactment of this section, the revised criteria for financial assurance described in subpart G of part 258 of title 40, Code of Federal Regulations. (H) Surface water For all structures that receive coal combustion residuals on or after the date of enactment of this section, the revised criteria for surface water described in section 258.27 of title 40, Code of Federal Regulations. (I) Recordkeeping For all structures that receive coal combustion residuals on or after the date of enactment of this section, the revised criteria for recordkeeping described in section 258.29 of title 40, Code of Federal Regulations. (J) Run-on and run-off control systems for land-based units For all landfills and other land-based units, other than surface impoundments, that receive coal combustion residuals on or after the date of enactment of this section, the revised criteria for run-on and run-off control systems described in section 258.26 of title 40, Code of Federal Regulations. (K) Run-off control systems for surface impoundments For all surface impoundments that receive coal combustion residuals on or after the date of enactment of this section, the revised criteria for run-off control systems described in section 258.26(a)(2) of title 40, Code of Federal Regulations. (3) Permit program implementation for existing structures (A) Notification Not later than the date on which a State submits a certification under subsection (b)(2), not later than 30 months after the Administrator receives notice under subsection (e)(1)(A), or not later than 36 months after the date of enactment of this section with respect to a coal combustion residuals permit program that is being implemented by the Administrator under subsection (e)(3), as applicable, the implementing agency shall notify owners or operators of structures that are receiving coal combustion residuals as of the date of enactment of this section within the State of— (i) the obligation to apply for and obtain a permit under subparagraph (C); and (ii) the requirements referred to in subparagraph (B). (B) Compliance with certain requirements Not later than 12 months after the date on which a State submits a certification under subsection (b)(2), not later than 42 months after the Administrator receives notice under subsection (e)(1)(A), or not later than 48 months after the date of enactment of this section with respect to a coal combustion residuals permit program that is being implemented by the Administrator under subsection (e)(3), as applicable, the implementing agency shall require owners or operators of structures that are receiving coal combustion residuals as of the date of enactment of this section to comply with— (i) the requirements under paragraphs (1)(B)(ii), (1)(D), (2)(B), (2)(F), (2)(H), (2)(J), and (2)(K); and (ii) the groundwater recordkeeping requirement described in section 258.29(a)(5) of title 40, Code of Federal Regulations. (C) Permits (i) Permit deadline Not later than 48 months after the date on which a State submits a certification under subsection (b)(2), not later than 78 months after the Administrator receives notice under subsection (e)(1)(A), or not later than 84 months after the date of enactment of this section with respect to a coal combustion residuals permit program that is being implemented by the Administrator under subsection (e)(3), as applicable, the implementing agency shall issue, with respect to a structure that is receiving coal combustion residuals as of the date of enactment of this section, a final permit incorporating the requirements of the coal combustion residuals permit program, or a final denial for an application submitted requesting such a permit. (ii) Application deadline The implementing agency shall identify, in collaboration with the owner or operator of a structure described in clause (i), a reasonable deadline by which the owner or operator shall submit a permit application under such clause. (D) Interim operation (i) Prior to deadlines With respect to any period of time on or after the date of enactment of this section but prior to the applicable deadline in subparagraph (B), the owner or operator of a structure that is receiving coal combustion residuals as of the date of enactment of this section may continue to operate such structure until such applicable deadline under the applicable authority in effect. (ii) Prior to permit Unless the implementing agency determines that the structure should close pursuant to paragraph (5), if the owner or operator of a structure that is receiving coal combustion residuals as of the date of enactment of this section meets the requirements referred to in subparagraph (B) by the applicable deadline in such subparagraph, the owner or operator may operate the structure until such time as the implementing agency issues, under subparagraph (C), a final permit incorporating the requirements of the coal combustion residuals permit program, or a final denial for an application submitted requesting such a permit. (4) Requirements for surface impoundments that do not meet certain criteria (A) Surface impoundments that require assessment of corrective measures within 10 years of the date of enactment (i) In general In addition to the groundwater monitoring and corrective action requirements described in paragraph (2)(B), the implementing agency shall require a surface impoundment that receives coal combustion residuals on or after the date of enactment of this section to comply with the requirements in clause (ii) of this subparagraph and clauses (i) and (ii) of subparagraph (D) if the surface impoundment— (I) does not— (aa) have a liner system described in section 258.40(b) of title 40, Code of Federal Regulations; and (bb) meet the design criteria described in section 258.40(a)(1) of title 40, Code of Federal Regulations; and (II) within 10 years after the date of enactment of this section, is required under section 258.56(a) of title 40, Code of Federal Regulations, to undergo an assessment of corrective measures for any constituent covered under subpart E of part 258 of title 40, Code of Federal Regulations, or otherwise identified in paragraph (2)(B)(ii) of this subsection, for which assessment groundwater monitoring is required. (ii) Deadline to meet groundwater protection standard Except as provided in subparagraph (C), the implementing agency shall require that the groundwater protection standard, for surface impoundments identified in clause (i) of this subparagraph, established by the implementing agency under section 258.55(h) or 258.55(i) of title 40, Code of Federal Regulations, for any constituent for which corrective measures are required shall be met— (I) as soon as practicable at the relevant point of compliance, as described in section 258.40(d) of title 40, Code of Federal Regulations; and (II) not later than 10 years after the date of enactment of this section. (B) Surface impoundments subject to a state corrective action requirement as of the date of enactment (i) In general In addition to the groundwater monitoring and corrective action requirements described in paragraph (2)(B), the implementing agency shall require a surface impoundment that receives coal combustion residuals on or after the date of enactment of this section to comply with the requirements in clause (ii) of this subparagraph and clauses (i) and (ii) of subparagraph (D) if the surface impoundment— (I) does not— (aa) have a liner system described in section 258.40(b) of title 40, Code of Federal Regulations; and (bb) meet the design criteria described in section 258.40(a)(1) of title 40, Code of Federal Regulations; and (II) as of the date of enactment of this section, is subject to a State corrective action requirement. (ii) Deadline to meet groundwater protection standard Except as provided in subparagraph (C), the implementing agency shall require that the groundwater protection standard, for surface impoundments identified in clause (i) of this subparagraph, established by the implementing agency under section 258.55(h) or 258.55(i) of title 40, Code of Federal Regulations, for any constituent for which corrective measures are required shall be met— (I) as soon as practicable at the relevant point of compliance, as described in section 258.40(d) of title 40, Code of Federal Regulations; and (II) not later than 8 years after the date of enactment of this section. (C) Extension of deadline (i) In general Except as provided in clause (ii) of this subparagraph, the deadline for meeting a groundwater protection standard under subparagraph (A)(ii) or (B)(ii) may be extended by the implementing agency, after opportunity for public notice and comment under the public participation process described in subsection (b)(2)(B)(iii)(III), or in subsection (e)(6) based on— (I) the effectiveness of any interim measures implemented by the owner or operator of the facility under section 258.58(a)(3) of title 40, Code of Federal Regulations; (II) the level of progress demonstrated in meeting the groundwater protection standard; (III) the potential for other adverse human health or environmental exposures attributable to the contamination from the surface impoundment undergoing corrective action; and (IV) the lack of available alternative management capacity for the coal combustion residuals and related materials managed in the impoundment at the facility at which the impoundment is located if the owner or operator has used best efforts, as necessary, to design, obtain any necessary permits, finance, construct, and render operational the alternative management capacity during the time period for meeting a groundwater protection standard in subparagraph (A)(ii) or (B)(ii). (ii) Exception The deadline under subparagraph (A)(ii) or (B)(ii) shall not be extended if there has been contamination of public or private drinking water systems attributable to a surface impoundment undergoing corrective action, unless the contamination has been addressed by providing a permanent replacement water system. (D) Additional requirements (i) Closure If the deadline under subparagraph (A)(ii), (B)(ii), or (C) is not satisfied, the surface impoundment shall cease receiving coal combustion residuals and initiate closure under paragraph (5). (ii) Interim measures (I) In general Except as provided in subclause (II), not later than 90 days after the date on which the assessment of corrective measures is initiated, the owner or operator of a surface impoundment described in subparagraph (A) or (B) shall implement interim measures, as necessary, under the factors in section 258.58(a)(3) of title 40, Code of Federal Regulations. (II) Impoundments subject to state corrective action requirement as of the date of enactment Subclause (I) shall only apply to surface impoundments subject to a State corrective action requirement as of the date of enactment of this section if the owner or operator has not implemented interim measures, as necessary, under the factors in section 258.58(a)(3) of title 40, Code of Federal Regulations. (E) Surface impoundments that require assessment of corrective measures more than 10 years after date of enactment (i) In general In addition to the groundwater monitoring and corrective action requirements described in paragraph (2)(B), the implementing agency shall require a surface impoundment that receives coal combustion residuals on or after the date of enactment of this section to comply with the requirements in clause (ii) if the surface impoundment— (I) does not— (aa) have a liner system described in section 258.40(b) of title 40, Code of Federal Regulations; and (bb) meet the design criteria described in section 258.40(a)(1) of title 40, Code of Federal Regulations; and (II) more than 10 years after the date of enactment of this section, is required under section 258.56(a) title 40, Code of Federal Regulations, to undergo an assessment of corrective measures for any constituent covered under subpart E of part 258 of title 40, Code of Federal Regulations, or otherwise identified in paragraph (2)(B)(ii) of this subsection, for which assessment groundwater monitoring is required. (ii) Requirements (I) Closure The surface impoundments identified in clause (i) shall cease receiving coal combustion residuals and initiate closure in accordance with paragraph (5) after alternative management capacity at the facility is available for the coal combustion residuals and related materials managed in the impoundment. (II) Best efforts The alternative management capacity shall be developed as soon as practicable with the owner or operator using best efforts to design, obtain necessary permits for, finance, construct, and render operational the alternative management capacity. (III) Alternative capacity management plan The owner or operator shall, in collaboration with the implementing agency, prepare a written plan that describes the steps necessary to develop the alternative management capacity and includes a schedule for completion. (IV) Public participation The plan described in subclause (III) shall be subject to public notice and comment under the public participation process described in subsection (b)(2)(B)(iii)(III) or in subsection (e)(6), as applicable. (5) Closure (A) In general If it is determined by the implementing agency that a structure should close because the requirements of a coal combustion residuals permit program are not being satisfied with respect to such structure, or if it is determined by the owner or operator that a structure should close, the time period and method for the closure of such structure shall be set forth in a closure plan that establishes a deadline for completion of closure as soon as practicable and that takes into account the nature and the site-specific characteristics of the structure to be closed. (B) Surface impoundment In the case of a surface impoundment, the closure plan under subparagraph (A) shall require, at a minimum, the removal of liquid and the stabilization of remaining waste, as necessary to support the final cover. (d) Federal review of State permit programs (1) In general The Administrator shall provide to a State written notice and an opportunity to remedy deficiencies in accordance with paragraph (3) if at any time the State— (A) does not satisfy the notification requirement under subsection (b)(1); (B) has not submitted a certification required under subsection (b)(2); (C) does not satisfy the maintenance requirement under subsection (b)(3); (D) is not implementing a coal combustion residuals permit program, with respect to which the State has submitted a certification under subsection (b)(2), that meets the requirements described in subsection (c); (E) is not implementing a coal combustion residuals permit program, with respect to which the State has submitted a certification under subsection (b)(2)— (i) that is consistent with such certification; and (ii) for which the State continues to have in effect statutes or regulations necessary to implement such program; or (F) does not make available to the Administrator, within 90 days of a written request, specific information necessary for the Administrator to ascertain whether the State has satisfied the requirements described in subparagraphs (A) through (E). (2) Request If a request described in paragraph (1)(F) is proposed pursuant to a petition to the Administrator, the Administrator shall only make the request if the Administrator does not possess the information necessary to ascertain whether the State has satisfied the requirements described in subparagraphs (A) through (E) of such paragraph. (3) Contents of notice; deadline for response A notice provided under paragraph (1) shall— (A) include findings of the Administrator detailing any applicable deficiencies described in subparagraphs (A) through (F) of paragraph (1); and (B) identify, in collaboration with the State, a reasonable deadline by which the State shall remedy such applicable deficiencies, which shall be— (i) in the case of a deficiency described in subparagraphs (A) through (E) of paragraph (1), not earlier than 180 days after the date on which the State receives the notice; and (ii) in the case of a deficiency described in paragraph (1)(F), not later than 90 days after the date on which the State receives the notice. (4) Criteria for determining deficiency of State permit program In making a determination whether a State has failed to satisfy the requirements described in subparagraphs (A) through (E) of paragraph (1), or a determination under subsection (e)(1)(B), the Administrator shall consider, as appropriate— (A) whether the State’s statutes or regulations to implement a coal combustion residuals permit program are not sufficient to meet the requirements described in subsection (c) because of— (i) failure of the State to promulgate or enact new statutes or regulations when necessary; or (ii) action by a State legislature or court striking down or limiting such State statutes or regulations; (B) whether the operation of the State coal combustion residuals permit program fails to comply with the requirements of subsection (c) because of— (i) failure of the State to issue permits as required in subsection (c)(1)(E); (ii) repeated issuance of permits by the State which do not meet the requirements of subsection (c); (iii) failure of the State to comply with the public participation requirements of this section; or (iv) failure of the State to implement corrective action requirements as described in subsection (c)(2)(B); and (C) whether the enforcement of a State coal combustion residuals permit program fails to comply with the requirements of this section because of— (i) failure to act on violations of permits, as identified by the State; or (ii) repeated failure by the State to inspect or otherwise determine compliance pursuant to the process identified in subsection (b)(2)(B)(iii)(I). (e) Implementation by Administrator (1) Federal backstop authority The Administrator shall implement a coal combustion residuals permit program for a State only if— (A) the Governor of the State notifies the Administrator under subsection (b)(1) that the State will not adopt and implement a permit program; (B) the State has received a notice under subsection (d) and the Administrator determines, after providing a 30-day period for notice and public comment, that the State has failed, by the deadline identified in the notice under subsection (d)(3)(B), to remedy the deficiencies detailed in the notice under subsection (d)(3)(A); or (C) the State informs the Administrator, in writing, that such State will no longer implement such a permit program. (2) Review A State may obtain a review of a determination by the Administrator under this subsection as if the determination was a final regulation for purposes of section 7006. (3) Other structures For structures that receive coal combustion residuals on or after the date of enactment of this section located on property within the exterior boundaries of a State that the State does not have authority or jurisdiction to regulate, the Administrator shall implement a coal combustion residuals permit program only for those structures. (4) Requirements If the Administrator implements a coal combustion residuals permit program for a State under paragraph (1) or (3), the permit program shall consist of the requirements described in subsection (c). (5) Enforcement (A) In general If the Administrator implements a coal combustion residuals permit program for a State under paragraph (1)— (i) the authorities referred to in section 4005(c)(2)(A) shall apply with respect to coal combustion residuals and structures for which the Administrator is implementing the coal combustion residuals permit program; and (ii) the Administrator may use those authorities to inspect, gather information, and enforce the requirements of this section in the State. (B) Other structures If the Administrator implements a coal combustion residuals permit program under paragraph (3)— (i) the authorities referred to in section 4005(c)(2)(A) shall apply with respect to coal combustion residuals and structures for which the Administrator is implementing the coal combustion residuals permit program; and (ii) the Administrator may use those authorities to inspect, gather information, and enforce the requirements of this section for the structures for which the Administrator is implementing the coal combustion residuals permit program. (6) Public participation process If the Administrator implements a coal combustion residuals permit program for a State under this subsection, the Administrator shall provide a 30-day period for the public participation process required in paragraphs (1)(F)(i), (4)(C)(i), and (4)(E)(ii)(IV) of subsection (c). (f) State control after implementation by Administrator (1) State control (A) New adoption, or resumption of, and implementation by State For a State for which the Administrator is implementing a coal combustion residuals permit program under subsection (e)(1)(A), or subsection (e)(1)(C), the State may adopt and implement such a permit program by— (i) notifying the Administrator that the State will adopt and implement such a permit program; (ii) not later than 6 months after the date of such notification, submitting to the Administrator a certification under subsection (b)(2); and (iii) receiving from the Administrator— (I) a determination, after providing a 30-day period for notice and public comment, that the State coal combustion residuals permit program meets the requirements described in subsection (c); and (II) a timeline for transition of control of the coal combustion residuals permit program. (B) Remedying deficient permit program For a State for which the Administrator is implementing a coal combustion residuals permit program under subsection (e)(1)(B), the State may adopt and implement such a permit program by— (i) remedying only the deficiencies detailed in the notice pursuant to subsection (d)(3)(A); and (ii) receiving from the Administrator— (I) a determination, after providing a 30-day period for notice and public comment, that the deficiencies detailed in such notice have been remedied; and (II) a timeline for transition of control of the coal combustion residuals permit program. (2) Review of determination (A) Determination required The Administrator shall make a determination under paragraph (1) not later than 90 days after the date on which the State submits a certification under paragraph (1)(A)(ii), or notifies the Administrator that the deficiencies have been remedied pursuant to paragraph (1)(B)(i), as applicable. (B) Review A State may obtain a review of a determination by the Administrator under paragraph (1) as if such determination was a final regulation for purposes of section 7006. (3) Implementation during transition (A) Effect on actions and orders Program requirements of, and actions taken or orders issued pursuant to, a coal combustion residuals permit program shall remain in effect if— (i) a State takes control of its coal combustion residuals permit program from the Administrator under paragraph (1); or (ii) the Administrator takes control of a coal combustion residuals permit program from a State under subsection (e). (B) Change in requirements Subparagraph (A) shall apply to such program requirements, actions, and orders until such time as— (i) the implementing agency changes the requirements of the coal combustion residuals permit program with respect to the basis for the action or order; or (ii) the State or the Administrator, whichever took the action or issued the order, certifies the completion of a corrective action that is the subject of the action or order. (4) Single permit program If a State adopts and implements a coal combustion residuals permit program under this subsection, the Administrator shall cease to implement the permit program implemented under subsection (e)(1) for such State. (g) Effect on determination under 4005 (c) or 3006 The Administrator shall not consider the implementation of a coal combustion residuals permit program by the Administrator under subsection (e) in making a determination of approval for a permit program or other system of prior approval and conditions under section 4005(c) or of authorization for a program under section 3006. (h) Authority (1) State authority Nothing in this section shall preclude or deny any right of any State to adopt or enforce any regulation or requirement respecting coal combustion residuals that is more stringent or broader in scope than a regulation or requirement under this section. (2) Authority of the administrator (A) In general Except as provided in subsections (d) and (e) and section 6005, the Administrator shall, with respect to the regulation of coal combustion residuals, defer to the States pursuant to this section. (B) Imminent hazard Nothing in this section shall be construed as affecting the authority of the Administrator under section 7003 with respect to coal combustion residuals. (C) Enforcement assistance only upon request Upon request from the head of a lead State agency that is implementing a coal combustion residuals permit program, the Administrator may provide to such State agency only the enforcement assistance requested. (D) Concurrent enforcement Except as provided in subparagraph (C), the Administrator shall not have concurrent enforcement authority when a State is implementing a coal combustion residuals permit program, including during any period of interim operation described in subsection (c)(3)(D). (E) Other authority The Administrator shall not have authority to finalize the proposed rule published at pages 35128 through 35264 of volume 75 of the Federal Register (June 21, 2010). (F) Other response authority Nothing in this section shall be construed as affecting the authority of the Administrator under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ) with respect to coal combustion residuals. (3) Citizen suits Nothing in this section shall be construed to affect the authority of a person to commence a civil action in accordance with section 7002. (i) Mine reclamation activities A coal combustion residuals permit program implemented by the Administrator under subsection (e) shall not apply to the utilization, placement, and storage of coal combustion residuals at surface mining and reclamation operations. (j) Definitions In this section: (1) Coal combustion residuals The term coal combustion residuals means— (A) the solid wastes listed in section 3001(b)(3)(A)(i), including recoverable materials from such wastes; (B) coal combustion wastes that are co-managed with wastes produced in conjunction with the combustion of coal, provided that such wastes are not segregated and disposed of separately from the coal combustion wastes and comprise a relatively small proportion of the total wastes being disposed in the structure; (C) fluidized bed combustion wastes; (D) wastes from the co-burning of coal with non-hazardous secondary materials, provided that coal makes up at least 50 percent of the total fuel burned; and (E) wastes from the co-burning of coal with materials described in subparagraph (A) that are recovered from monofills. (2) Coal combustion residuals permit program The term coal combustion residuals permit program means all of the authorities, activities, and procedures that comprise the system of prior approval and conditions implemented by or for a State to regulate the management and disposal of coal combustion residuals. (3) Code of Federal regulations The term Code of Federal Regulations means the Code of Federal Regulations (as in effect on the date of enactment of this section) or any successor regulations. (4) Implementing agency The term implementing agency means the agency responsible for implementing a coal combustion residuals permit program for a State, which shall either be the lead State implementing agency identified under subsection (b)(2)(B)(i) or the Administrator pursuant to subsection (e). (5) Permit; prior approval and conditions Except as provided in subsections (b)(3) and (g), the terms permit and prior approval and conditions mean any authorization, license, or equivalent control document that incorporates the requirements of subsection (c). (6) Revised criteria The term revised criteria means the criteria promulgated for municipal solid waste landfill units under section 4004(a) and under section 1008(a)(3), as revised under section 4010(c). (7) Structure (A) In general Except as provided in subparagraph (B), the term structure means a landfill, surface impoundment, or other land-based unit which receives, or is intended to receive, coal combustion residuals. (B) De minimis receipt The term structure does not include any land-based unit that receives only de minimis quantities of coal combustion residuals if the presence of coal combustion residuals is incidental to the material managed in the unit. . (b) Conforming amendment The table of contents contained in section 1001 of the Solid Waste Disposal Act is amended by inserting after the item relating to section 4010 the following: Sec. 4011. Management and disposal of coal combustion residuals. . 3. 2000 regulatory determination Nothing in this Act, or the amendments made by this Act, shall be construed to alter in any manner the Environmental Protection Agency’s regulatory determination entitled Notice of Regulatory Determination on Wastes From the Combustion of Fossil Fuels , published at 65 Fed. Reg. 32214 (May 22, 2000), that the fossil fuel combustion wastes addressed in that determination do not warrant regulation under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.). 4. Technical assistance Nothing in this Act, or the amendments made by this Act, shall be construed to affect the authority of a State to request, or the Administrator of the Environmental Protection Agency to provide, technical assistance under the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. ). 5. Federal Power Act Nothing in this Act, or the amendments made by this Act, shall be construed to affect the obligations of an owner or operator of a structure (as defined in section 4011 of the Solid Waste Disposal Act, as added by this Act) under section 215(b)(1) of the Federal Power Act ( 16 U.S.C. 824o(b)(1) ).

https://www.govinfo.gov/content/pkg/BILLS-113hr2218ih/xml/BILLS-113hr2218ih.xml

113-hr-2219

I 113th CONGRESS 1st Session H. R. 2219 IN THE HOUSE OF REPRESENTATIVES June 3, 2013 Mr. Young of Alaska introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committee on Science, Space, and Technology , 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 the Integrated Coastal and Ocean Observation System Act of 2009. 1. Reauthorization of Integrated Coastal and Ocean Observation System Act of 2009 The Integrated Coastal and Ocean Observation System Act of 2009 is amended by striking are authorized to be appropriated to the Secretary of Commerce for fiscal years 2009 through 2013 such sums as are necessary and inserting is authorized to be appropriated to the Secretary of Commerce for each of fiscal years 2014 through 2018 $29,600,000 .

https://www.govinfo.gov/content/pkg/BILLS-113hr2219ih/xml/BILLS-113hr2219ih.xml

113-hr-2220

I 113th CONGRESS 1st Session H. R. 2220 IN THE HOUSE OF REPRESENTATIVES June 3, 2013 Mr. Poe of Texas (for himself, Mr. Flores , Mr. Smith of Texas , Mrs. Black , and Mr. Gingrey of Georgia ) introduced the following bill; which was referred to the Committee on Homeland Security , and in addition to the Committees on Armed Services , Rules , Energy and Commerce , 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 provide for operational control of the international border of the United States, and for other purposes. 1. Short title This Act may be cited as the Support More Assets, Resources, and Technology on the Border Act of 2013 or the SMART Act of 2013 . 2. Operational control (a) In general Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security shall take all actions the Secretary determines necessary and appropriate to achieve and maintain operational control of the international border between the United States and Mexico, and shall submit to the Comptroller General of the United States a report on such actions, achievement, and maintenance. (b) GAO consultation and report Not later than 90 days after the submission of the report by the Secretary of Homeland Security under subsection (a), the Comptroller General of the United States shall— (1) consult with State and local officials along the international border between the United States and Mexico, including border sheriffs, mayors of border towns and cities, chambers of commerce in border areas, farmers and ranchers and associated farming and ranching organizations in border areas, community organizations in border areas, State law enforcement agencies, and border State governors regarding the state of operational control of such border; and (2) submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on such state of operational control. (c) Joint resolution of disapproval on operational control Not later than 90 days after receiving the report of the Comptroller General under subsection (b)(2) regarding the state of operational control, both the House of Representatives and the Senate shall vote on a joint resolution on the question as to whether such report should be disapproved. Such joint resolution shall be deemed to pass only if— (1) a majority of each House approves such joint resolution; or (2) such joint resolution is not voted on by each House by such date. (d) Annual reports The Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate an annual report on the state of operational control of the international border between the United States and Mexico. The first of such annual reports shall be submitted not later than one year after the report required under subsection (b)(2) is submitted. 3. Use of National Guard to support Department of Homeland Security border control activities (a) Expanded deployment of National Guard; Duration (1) Deployment requirement At the request of a Governor of a State that shares a portion of the international border between the United States and Mexico the Secretary of Defense shall provide for the deployment of additional members of the National Guard along such border in excess of the number of members of the National Guard so deployed along such border as of the date of the enactment of this Act. (2) Number of additional Guardsmen deployed The total number of additional members of the National Guard deployed under paragraph (1) along the international border between the United States and Mexico may not exceed 10,000, except that the Secretary of Defense may exceed such number at the request of a Governor of a State that shares a portion of such border if, despite the deployment of the additional 10,000 members of the National Guard, operational control of such border has not been achieved. (3) Duration The deployment of additional members of the National Guard under paragraph (1) in a State that shares a portion of the international border between the United States and Mexico shall continue until the earlier of the following: (A) The date on which the Governor of the State revokes the request made under paragraph (1). (B) The date on which a vote on the joint resolution of disapproval on operational control described in section 2(c) occurs if such joint resolution does not pass. (4) Deployment authorities Members of the National Guard deployed under paragraph (1) may be deployed under section 502(f) of title 32, United States Code, pursuant to a State border control activities plan approved under section 112a of such title, as added by subsection (b) of this section, or pursuant to the order of the Secretary of Defense under any other provision of law. (5) Exemption from end strengths and other limitations Members of the National Guard deployed under paragraph (1) shall not be included in the calculation to determine compliance with— (A) limits on end strength; or (B) limits on the number of National Guard personal that may be placed on active duty for operational support. (b) Federal assistance for State border control activities plans Chapter 1 of title 32, United States Code, is amended by inserting after section 112 the following: 112a. Border control activities (a) Funding assistance The Secretary of Defense shall provide funds to the Governor of a State who submits to the Secretary a State border control activities plan satisfying the requirements of subsection (c). Such funds shall be used for the following: (1) The pay, allowances, clothing, subsistence, gratuities, travel, and related expenses, as authorized by State law, of personnel of the National Guard of that State used, while not in Federal service, for the purpose of border control activities. (2) The operation and maintenance of the equipment and facilities of the National Guard of that State used for the purpose of border control activities. (3) The procurement of services and equipment, and the leasing of equipment, for the National Guard of that State used for the purpose of border control activities. However, the use of such funds for the procurement of equipment may not exceed $5,000 per item, unless approval for procurement of equipment in excess of that amount is granted in advance by the Secretary of Defense. (b) Use of personnel performing full-Time National Guard duty (1) In general Under regulations prescribed by the Secretary of Defense, personnel of the National Guard of a State may, in accordance with the State border control activities plan referred to in subsection (c), be ordered to perform full-time National Guard duty under section 502(f) of this title for the purpose of carrying out border control activities. (2) Requirements (A) Training A member of the National Guard serving on full-time National Guard duty under orders authorized under paragraph (1) shall participate in the training required under section 502(a) of this title in addition to the duty performed for the purpose authorized under that paragraph. The pay, allowances, and other benefits of the member while participating in the training shall be the same as those to which the member is entitled while performing duty for the purpose of carrying out border control activities. The member is not entitled to additional pay, allowances, or other benefits for participation in training required under section 502(a)(1) of this title. (B) Funding Appropriations available for the Department of Defense for homeland defense may be used for paying costs associated with a member’s participation in training described in subparagraph (A). The appropriation shall be reimbursed in full, out of appropriations available for paying those costs, for the amounts paid. Appropriations available for paying those costs shall be available for making the reimbursements. (C) Restrictions To ensure that the use of units and personnel of the National Guard of a State pursuant to a State border control activities plan does not degrade the training and readiness of such units and personnel, the following requirements shall apply in determining the border control activities that units and personnel of the National Guard of a State may perform: (i) The performance of the activities may not adversely affect the quality of that training or otherwise interfere with the ability of a member or unit of the National Guard to perform the military functions of the member or unit. (ii) National Guard personnel will not degrade their military skills as a result of performing the activities. (iii) The performance of the activities will not result in a significant increase in the cost of training. (iv) In the case of border control activities performed by a unit organized to serve as a unit, the activities will support valid unit training requirements. (c) Plan requirements A State border control activities plan shall— (1) specify how personnel of the National Guard of that State are to be used in border control activities in support of the mission of United States Customs and Border Protection of the Department of Homeland Security; (2) certify that those operations are to be conducted at a time when the personnel involved are not in Federal service; (3) certify that participation by National Guard personnel in those operations is service in addition to training required under section 502 of this title; (4) certify that any engineer-type activities (as defined by the Secretary of Defense) under the plan will be performed only by units and members of the National Guard; (5) include a certification by the Attorney General of the State (or, in the case of a State with no position of Attorney General, a civilian official of the State equivalent to a State attorney general) that the use of the National Guard of the State for the activities proposed under the plan is authorized by, and is consistent with, State law; and (6) certify that the Governor of the State or a civilian law enforcement official of the State designated by the Governor has determined that any activities included in the plan that are carried out in conjunction with Federal law enforcement agencies serve a State law enforcement purpose. (d) Examination of plan Before funds are provided to the Governor of a State under this section and before members of the National Guard of that State are ordered to full-time National Guard duty as authorized in subsection (b), the Secretary of Defense shall, in consultation with the Secretary of Homeland Security, examine the adequacy of the plan submitted by the Governor under subsection (c). The plan as approved by the Secretary of Defense may provide for the use of personnel and equipment of the National Guard of that State to assist United States Customs and Border Protection in the transportation of aliens who have violated a Federal immigration law. (e) End strength limitation (1) In general Except as provided in paragraphs (2) and (3), at the end of a fiscal year there may not be more than 10,000 members of the National Guard— (A) on full-time National Guard duty under section 502(f) of this title to perform border control activities pursuant to an order to duty; or (B) on duty under State authority to perform border control activities pursuant to an order to duty with State pay and allowances being reimbursed with funds provided under subsection (a)(1). (2) Exception The Secretary of Defense may increase the end strength authorized under paragraph (1) if the Secretary determines that such an increase is necessary in the national security interests of the United States. (3) Certain exclusion National Guard personnel deployed pursuant to paragraph (1) shall not be included in the calculation to determine compliance with— (A) limits on end strength; or (B) limits on the number of National Guard personnel that may be placed on active duty for operational support. (f) Annual report The Secretary of Defense shall submit to Congress an annual report regarding assistance provided and activities carried out under this section during the preceding fiscal year. The report shall include the following: (1) The number of members of the National Guard excluded under subsection (e)(3) from the computation of end strengths. (2) A description of the border control activities conducted under State border control activities plans referred to in subsection (c) with funds provided under this section. (3) An accounting of the amount of funds provided to each State. (4) A description of the effect on military training and readiness of using units and personnel of the National Guard to perform activities under the State border control activities plans. (g) Statutory construction Nothing in this section shall be construed as a limitation on the authority of any unit of the National Guard of a State, when such unit is not in Federal service, to perform law enforcement functions authorized to be performed by the National Guard by the laws of the State concerned. (h) Definitions In this section: (1) Border control activities The term border control activities , with respect to the National Guard of a State, means the use of National Guard personnel in border control activities authorized by the law of the State and requested by the Governor of the State in support of the mission of United States Customs and Border Protection of the Department of Homeland Security, including activities as follows: (A) Armed vehicle and foot patrols along the international border between the United States and Mexico. (B) Interdiction of a vehicle, vessel, aircraft or other similar activity. (C) Search, seizure, and detention of suspects. (D) Construction of roads, fences, and vehicle barriers. (E) Search and rescue operations. (F) Intelligence gathering, surveillance, and reconnaissance. (G) Aviation support. (2) Governor of a State The term Governor of a State means, in the case of the District of Columbia, the Commanding General of the National Guard of the District of Columbia. (3) State The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States. . (c) Clerical amendment The table of sections at the beginning of chapter 1 of such title is amended by inserting after the item relating to section 112 the following new item: 112a. Border control activities . 4. Smart border technology If the Secretary of Homeland Security determines that there are areas along the international border between the United States and Mexico with respect to which operational control has not been achieved and maintained, the Secretary is authorized to deploy smart border technologies, such as seismic detectors and unmanned aerial vehicles to such areas to achieve and maintain operational control over such areas. 5. Transfer of used military equipment to Federal, State, and local agencies (a) In general Not later than one year after eligible equipment returns to the United States, and in accordance with subsections (b) and (c) of section 2576a of title 10, United States Code, the Secretary of Defense may transfer such eligible equipment to Federal, State, and local agencies. (b) Preference (1) Transfers under this section In considering applications for the transfer of eligible equipment under subsection (a), the Secretary of Defense may give preference to Federal, State, and local agencies that will use such eligible equipment primarily for the purpose of strengthening border security along the international border between the United States and Mexico. (2) Transfers generally Section 2576a(d) of title 10, United States Code, is amended— (A) by striking In considering and inserting (1) In considering ; and (B) by adding at the end the following new paragraph: (2) (A) In considering applications for the transfer of equipment described in subparagraph (B) under this section, the Secretary may give a preference to those applications indicating that the transferred property will be used primarily for the purpose of strengthening border security along the international border between the United States and Mexico. (B) Equipment described in this subparagraph is equipment of the Department of Defense that— (i) was used in Operation Enduring Freedom, Operation Iraqi Freedom, or Operation New Dawn; and— (ii) the Secretary determines would be suitable for use by Federal and State agencies in law enforcement activities, including— (I) surveillance unmanned aerial vehicles, including the MQ–9 Reaper (also known as the Predator B ); (II) night-vision goggles; and (III) high mobility multi-purpose wheel vehicles (commonly known as humvees ). . (c) Eligible equipment defined In this section, the term eligible equipment means equipment of the Department of Defense that— (1) was used in Operation Enduring Freedom, Operation Iraqi Freedom, or Operation New Dawn; and (2) the Secretary of Defense determines would be suitable for use by Federal and State agencies in law enforcement activities, including— (A) surveillance unmanned aerial vehicles, including the MQ–9 Reaper (also known as the Predator B ); (B) night-vision goggles; and (C) high mobility multi-purpose wheel vehicles (commonly known as humvees ). 6. CBP veteran hiring (a) Additional hires Not later than the date of a vote on the joint resolution of disapproval on operational control described in section 2(c) if such joint resolution passes (or the date by which such vote is required to have occurred pursuant to such section), the Secretary of Homeland Security shall appoint 1,500 Border Patrol agents over the number of such agents who were employed by the Department of Homeland Security as of the date of the enactment of this Act. (b) Preference In carrying out the additional appointments required under subsection (a), the Secretary of Homeland Security shall give preference to veterans returning from overseas deployments. To the maximum extent practicable and subject to otherwise applicable provisions of law, the Secretary— (1) shall implement policies and procedures that will allow veterans so appointed to start employment within 90 days after the date on which they make application for appointment; and (2) shall streamline the background-check and security-clearance procedures that apply to veterans so appointed. 7. Southern borderlands public safety communications grant program (a) In general The Secretary of Homeland Security may make competitive grants for public-private partnerships that finance equipment and infrastructure to improve the public safety of persons who are residents of rural areas of the United States near the international border with Mexico, by enhancing access to mobile communications for such persons who do not currently have access to reliable mobile communications networks. (b) Focus areas In making grants under this section, the Secretary of Homeland Security shall focus on projects that improve mobile communications in areas impacted by the illegal smuggling and trafficking of people and drugs from Mexico into the United States. (c) Eligible applicants Persons eligible for grants under this section include States, counties, municipalities, organizations representing agricultural producers and other rural Americans, and telecommunications providers. (d) Authorization of appropriations For grants under this section there is authorized to be appropriated to the Secretary $10,000,000 for the three-fiscal-year period following the date of the enactment of this Act. (e) Funding offset To offset amounts appropriated pursuant to the authorization of appropriations in subsection (d), the International Forestry Cooperation Act of 1990 ( 16 U.S.C. 4501 et seq. ) is repealed. 8. Community impact aid grants (a) In general The Secretary of Homeland Security shall make grants to sheriffs’ departments along international border between the United States and Mexico for the purpose of hiring additional deputies, including for salaries, benefits, training, uniforms, patrol vehicles, and arms. (b) Grant calculation formula Except as provided in subsection (c), a grant made pursuant to subsection (a) shall be in an amount equal to 30 percent of an eligible sheriff’s department’s fiscal year 2010 budget for patrol deputies. (c) Minimum benefit Notwithstanding the calculation provided for in subsection (b), a grant made pursuant to subsection (a) to an eligible sheriff’s department shall be in an amount that allows for the hiring of at least one additional deputy. (d) Availability Grants made pursuant to subsection (a) are authorized to remain available until expended. (e) Eligibility and funding To be eligible to receive a grant under this section, a sheriff’s department shall submit to the Secretary of Homeland Security an application at such time, in such manner, and containing such information as the Secretary may require. (f) Eligible sheriffs’ departments Sheriffs’ departments in the following counties are eligible to receive grants under this section: (1) In Texas, the following counties: El Paso, Hudspeth, Culberson, Jeff Davis, Presidio, Brewster, Terrell, Val Verde, Kinney, Maverick, Dimmit, Webb, Zapata, Starr, Hidalgo, Cameron, Willacy, Jim Hogg, Zavala, and Pecos Counties. (2) In Arizona, the following counties: Yuma, Pima, Santa Cruz, and Cochise Counties. (3) In New Mexico, the following counties: Dona Ana, Luna, Grant, Otero, and Hidalgo Counties. (4) In California, the following counties: San Diego and Imperial Counties. (g) Funding offset To carry out this section, the Secretary of Homeland Security shall reprogram funds that would otherwise be obligated and expended under the account heading Departmental Management and Operations . 9. U.S. Customs and Border Protection reporting on border apprehensions (a) In general The Commissioner of U.S. Customs and Border Protection shall ensure that an individual who is apprehended unlawfully crossing or attempting to unlawfully cross the border into the United States is counted only once for purposes of counting border apprehensions. (b) Prohibition on duplicate counting Any subsequent transfer or booking of an individual described in subsection (a) may not be counted again for purposes of counting border apprehensions. 10. Biometric Entry and Exit data system (a) In general Not later than two years after the date of enactment of this Act, the Secretary of Homeland Security shall establish the biometric entry and exit data system required by section 7208 of the Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1365b). (b) Requirements In addition to the features required by such section 7208, the Secretary shall ensure that the biometric entry and exit data system is established and in operation at each port of entry to the United States. 11. Definition In this Act, the term operational control means a condition in which there is at least a 90-percent probability that all illegal border crossers are apprehended and narcotics and other contraband are seized.

https://www.govinfo.gov/content/pkg/BILLS-113hr2220ih/xml/BILLS-113hr2220ih.xml

113-hr-2221

I 113th CONGRESS 1st Session H. R. 2221 IN THE HOUSE OF REPRESENTATIVES June 3, 2013 Mr. Crawford (for himself, Mr. Cotton , Mr. Griffin of Arkansas , and Mr. Womack ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To create a centralized website on reports issued by the Inspectors General, and for other purposes. 1. Short title This Act may be cited as the Sunshine on Government Act of 2013 . 2. Website for audit reports (a) In general Not later than 90 days after the date of the enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Executive Chair of the Council of the Inspectors General on Integrity and Efficiency, shall create a separate website with a distinct URL, that is not under the website of the Office of Management and Budget, about the reports issued by each Office of Inspector General. (b) Contents The website in subsection (a) shall include the following: (1) A general description of the role of the Office of Inspector General. (2) A description of the types of reports generally issued by the Offices of Inspector General, including the purpose, composition, and process used to create such reports. (3) A list of each Federal agency or other Federal entity that has an Office of Inspector General and the name and office telephone number for each Inspector General. (4) For each agency or entity listed in paragraph (3), a link to the page of the website through which inspector general reports of such agency or entity can be obtained, including audit reports, management deficiency reports, and the semiannual reports submitted to Congress pursuant to section 5 of the Inspector General Act of 1978 (5. U.S.C. App.). (c) Update to website The Director of the Office of Management and Budget shall update the website created pursuant to subsection (a) in a timely manner, ensuring that the information, links to other websites, and contact information are correct. (d) Federal agency defined In this section, the term Federal agency has the meaning given that term in section 12 of the Inspector General Act of 1978 (5 U.S.C. App.).

https://www.govinfo.gov/content/pkg/BILLS-113hr2221ih/xml/BILLS-113hr2221ih.xml

113-hr-2222

I 113th CONGRESS 1st Session H. R. 2222 IN THE HOUSE OF REPRESENTATIVES June 3, 2013 Mr. Fitzpatrick (for himself and Mr. Meadows ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To prohibit performance awards in the Senior Executive Service during sequestration periods. 1. Prohibition on performance awards in the Senior Executive Service (a) Definitions In this section— (1) the terms agency and career appointee have the meanings given such terms in section 5381 of title 5, United States Code; and (2) the term sequestration period means a period beginning on the date on which a sequestration order is issued under section 251 or 251A of the Balanced Budget and Emergency Deficit Control Act (2 U.S.C. 901 and 901a) and ending on the last day of the fiscal year to which the sequestration order applies. (b) Prohibition Notwithstanding any other provision of law, an agency may not pay a performance award under section 5384 of title 5, United States Code, to a career appointee— (1) during a sequestration period; or (2) that relates to any period of service performed during a fiscal year during which a sequestration order is issued under section 251 or 251A of the Balanced Budget and Emergency Deficit Control Act (2 U.S.C. 901 and 901a).

https://www.govinfo.gov/content/pkg/BILLS-113hr2222ih/xml/BILLS-113hr2222ih.xml

113-hr-2223

I 113th CONGRESS 1st Session H. R. 2223 IN THE HOUSE OF REPRESENTATIVES June 3, 2013 Mr. Benishek (for himself, Mr. Conyers , Mrs. Miller of Michigan , Mr. Camp , Mr. Levin , Mr. Dingell , Mr. Huizenga of Michigan , Mr. Amash , Mr. Walberg , and Mr. Kildee ) 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 220 Elm Avenue in Munising, Michigan, as the Elizabeth L. Kinnunen Post Office Building . 1. Elizabeth L. Kinnunen Post Office Building (a) Designation The facility of the United States Postal Service located at 220 Elm Avenue in Munising, Michigan, shall be known and designated as the Elizabeth L. Kinnunen 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 Elizabeth L. Kinnunen Post Office Building .

https://www.govinfo.gov/content/pkg/BILLS-113hr2223ih/xml/BILLS-113hr2223ih.xml

113-hr-2224

I 113th CONGRESS 1st Session H. R. 2224 IN THE HOUSE OF REPRESENTATIVES June 3, 2013 Mr. Doyle introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Animal Welfare Act to ensure that all dogs and cats used by research facilities are obtained legally. 1. Short title This Act may be cited as the Pet Safety and Protection Act of 2013 . 2. Protection of pets (a) Research facilities Section 7 of the Animal Welfare Act ( 7 U.S.C. 2137 ) is amended to read as follows: 7. Sources of dogs and cats for research facilities (a) Definition of person In this section, the term person means any individual, partnership, firm, joint stock company, corporation, association, trust, estate, pound, shelter, or other legal entity. (b) Use of dogs and cats No research facility or Federal research facility may use a dog or cat for research or educational purposes if the dog or cat was obtained from a person other than a person described in subsection (d). (c) Selling, donating, or offering dogs and cats No person, other than a person described in subsection (d), may sell, donate, or offer a dog or cat to any research facility or Federal research facility. (d) Permissible sources A person from whom a research facility or a Federal research facility may obtain a dog or cat for research or educational purposes under subsection (b), and a person who may sell, donate, or offer a dog or cat to a research facility or a Federal research facility under subsection (c), shall be— (1) a dealer licensed under section 3 that has bred and raised the dog or cat; (2) a publicly owned and operated pound or shelter that— (A) is registered with the Secretary; (B) is in compliance with section 28(a)(1) and with the requirements for dealers in subsections (b) and (c) of section 28; and (C) obtained the dog or cat from its legal owner, other than a pound or shelter; (3) a person that is donating the dog or cat and that— (A) bred and raised the dog or cat; or (B) owned the dog or cat for not less than 1 year immediately preceding the donation; (4) a research facility licensed by the Secretary; and (5) a Federal research facility licensed by the Secretary. (e) Penalties (1) In general A person that violates this section shall be fined $1,000 for each violation. (2) Additional penalty A penalty under this subsection shall be in addition to any other applicable penalty. (f) No required sale or donation Nothing in this section requires a pound or shelter to sell, donate, or offer a dog or cat to a research facility or Federal research facility. . (b) Federal research facilities Section 8 of the Animal Welfare Act ( 7 U.S.C. 2138 ) is amended— (1) by striking Sec. 8. No department and inserting the following: 8. Federal research facilities Except as provided in section 7, no department ; (2) by striking research or experimentation or ; and (3) by striking such purposes and inserting that purpose . (c) Certification Section 28(b)(1) of the Animal Welfare Act ( 7 U.S.C. 2158(b)(1) ) is amended by striking individual or entity and inserting research facility or Federal research facility . 3. Effective date The amendments made by section 2 take effect on the date that is 90 days after the date of enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2224ih/xml/BILLS-113hr2224ih.xml

113-hr-2225

I 113th CONGRESS 1st Session H. R. 2225 IN THE HOUSE OF REPRESENTATIVES June 3, 2013 Ms. Hanabusa introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To restore the traditional day of observance of Memorial Day, and for other purposes. 1. Restoration of traditional day of observance of Memorial Day (a) Designation of Legal Public Holiday Section 6103(a) of title 5, United States Code, is amended by striking Memorial Day, the last Monday in May. and inserting the following: Memorial Day, May 30. . (b) Observances and Ceremonies Section 116 of title 36, United States Code, is amended— (1) in subsection (a), by striking The last Monday in May and inserting May 30 ; and (2) in subsection (b)— (A) by striking and at the end of paragraph (3); (B) by redesignating paragraph (4) as paragraph (5); and (C) by inserting after paragraph (3) the following: (4) calling on the people of the United States to observe Memorial Day as a day of ceremonies to show respect for United States veterans of wars and other military conflicts; and . (c) Display of Flag (1) Time and occasions for flag display Section 6(d) of title 4, United States Code, is amended by striking the last Monday in May; and inserting May 30; . (2) National League of Families POW/MIA flag Section 902(c)(1)(B) of title 36, United States Code, is amended by striking the last Monday in May and inserting May 30 .

https://www.govinfo.gov/content/pkg/BILLS-113hr2225ih/xml/BILLS-113hr2225ih.xml

113-hr-2226

I 113th CONGRESS 1st Session H. R. 2226 IN THE HOUSE OF REPRESENTATIVES June 3, 2013 Mr. Johnson of Ohio introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Transportation and Infrastructure , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 relating to State consultation on removal and remedial actions, State concurrence with listing on the National Priorities List, and State credit for contributions to the removal or remedial action, and for other purposes. 1. Short title This Act may be cited as the Federal and State Partnership for Environmental Protection Act of 2013 . 2. Consultation with States (a) Removal Section 104(a)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(a)(2)) is amended by striking Any removal action undertaken by the President under this subsection (or by any other person referred to in section 122) should and inserting In undertaking a removal action under this subsection, the President (or any other person undertaking a removal action pursuant to section 122) shall consult with the affected State or States. Such removal action should . (b) Remedial action Section 104(c)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(c)(2) ) is amended by striking before determining any appropriate remedial action and inserting during the process of selecting, and in selecting, any appropriate remedial action . (c) Selection of remedial action Section 104(c)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(c)(4)) is amended by striking shall select remedial actions and inserting shall, in consultation with the affected State or States, select remedial actions . (d) Consultation with State and local officials Section 120(f) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620(f) ) is amended— (1) by striking shall afford to and inserting shall consult with ; (2) by inserting and shall provide such State and local officials before the opportunity to participate ; and (3) by adding at the end the following: If State or local officials make a determination not to participate in the planning and selection of the remedial action, such determination shall be documented in the administrative record regarding the selection of the response action. . 3. State credit for other contributions Section 104(c)(5) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(c)(5) ) is amended— (1) in subparagraph (A)— (A) by inserting removal at such facility, or for before remedial action ; and (B) by striking non-Federal funds. and inserting non-Federal funds, including oversight costs and in-kind expenditures. For purposes of this paragraph, in-kind expenditures shall include expenditures for, or contributions of, real property, equipment, goods, and services, valued at a fair market value, that are provided for the removal or remedial action at the facility, and amounts derived from materials recycled, recovered, or reclaimed from the facility, valued at a fair market value, that are used to fund or offset all or a portion of the cost of the removal or remedial action. ; and (2) in subparagraph (B), by inserting removal or after under this paragraph shall include expenses for . 4. State concurrence with listing on the national priorities list (a) Basis for recommendation Section 105(a)(8)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9605(a)(8)(B) ) is amended— (1) by inserting Not later than 90 days after any revision of the national list, with respect to a priority not included on the revised national list, upon request of the State that submitted the priority for consideration under this subparagraph, the President shall provide to such State, in writing, the basis for not including such priority on such revised national list. The President may not add a facility to the national list over the written objection of the State, unless (i) the State, as an owner or operator or a significant contributor of hazardous substances to the facility, is a potentially responsible party, (ii) the President determines that the contamination has migrated across a State boundary, resulting in the need for response actions in multiple States, or (iii) the criteria under the national contingency plan for issuance of a health advisory have been met. after the President shall consider any priorities established by the States. ; and (2) by striking To the extent practicable, the highest priority facilities shall be designated individually and shall be referred to as and all that follows through the semicolon at the end, and inserting Not more frequently than once every 5 years, a State may designate a facility that meets the criteria set forth in subparagraph (A) of this paragraph, which shall be included on the national list; . (b) State involvement Section 121(f)(1)(C) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9621(f)(1)(C) ) is amended by striking deleting sites from and inserting adding sites to, and deleting sites from, .

https://www.govinfo.gov/content/pkg/BILLS-113hr2226ih/xml/BILLS-113hr2226ih.xml

113-hr-2227

I 113th CONGRESS 1st Session H. R. 2227 IN THE HOUSE OF REPRESENTATIVES June 3, 2013 Mrs. Noem introduced the following bill; which was referred to the Committee on Armed Services A BILL To improve the response to and prevention of sexual assaults involving members of the Armed Forces. 1. Review and policy regarding Department of Defense investigative practices in response to allegations of sex-related offenses (a) Review Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall conduct a review of the practices of the military criminal investigative organizations (Army Criminal Investigation Command, Naval Criminal Investigative Service, and Air Force Office of Special Investigation) regarding the investigation of alleged sex-related offenses involving members of the Armed Forces, including the extent to which the military criminal investigative organizations make a recommendation regarding whether an allegation of a sex-related offense appears founded or unfounded. (b) Policy After conducting the review required by subsection (a), the Secretary of Defense shall develop a uniform policy for the Armed Forces, to the extent practicable, regarding the use of case determinations to record the results of the investigation of a sex-related offense. In developing the policy, the Secretary shall consider the feasibility of adopting case determination methods, such as the uniform crime report, used by nonmilitary law enforcement agencies. (c) Sex-Related offense defined In this section, the term sex-related offense includes— (1) any offense covered by section 920, 920a, 920b, 920c, or 925 of title 10, United States Code (article 120, 120a, 120b, 120c, or 125 of the Uniform Code of Military Justice); or (2) an attempt to commit an offense specified in a paragraph (1) as punishable under section 880 of such title (article 80 of the Uniform Code of Military Justice). 2. Development of selection criteria for assignment as Sexual Assault Response and Prevention Program Managers, Sexual Assault Response Coordinators, and Sexual Assault Victim Advocates (a) Qualifications for assignment Section 1602(e)(2) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 ; 10 U.S.C. 1561 note; 124 Stat. 4431) is amended— (1) by redesignating subparagraph (B) as subparagraph (C); and (2) by striking subparagraph (A) and inserting the following new subparagraphs: (A) the qualifications necessary for a member of the Armed Forces or a civilian employee of the Department of Defense to be selected for assignment to duty as a Sexual Assault Response and Prevention Program Manager, Sexual Assault Response Coordinator, or Sexual Assault Victim Advocate, whether assigned to such duty on a full-time or part-time basis; (B) consistent with section 584(c) of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 10 U.S.C. 1561 note; 125 Stat. 1433), the training, certification, and status of members of the Armed Forces and civilian employees of the department assigned to duty as Sexual Assault Response and Prevention Program Managers, Sexual Assault Response Coordinators, and Sexual Assault Victim Advocates for the Armed Forces; and . (b) Conforming amendments Section 584 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 10 U.S.C. 1561 note; 125 Stat. 1432) is amended— (1) in subsection (a)(2), by inserting who satisfy the selection criteria established under section 1602(e)(2) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 ; 10 U.S.C. 1561 note; 124 Stat. 4431) after Defense ; and (2) in subsection (b)(2), by inserting who satisfy the selection criteria established under section 1602(e)(2) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 after Defense . 3. Uniform training and education programs for sexual assault prevention and response program Section 585(a) of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 125 Stat. 1434; 10 U.S.C. 1561 note) is amended— (1) in paragraph (1)— (A) in the first sentence, by striking Not later than one year after the date of the enactment of this Act, the Secretary of each military department shall develop a curriculum to provide sexual assault prevention and response training and education for members of the Armed Forces under the jurisdiction of the Secretary and civilian employees of the military department and inserting Not later than June 30, 2014, the Secretary of Defense shall develop a uniform curriculum to provide sexual assault prevention and response training and education for members of the Armed Forces and civilian employees of the Department of Defense ; and (B) in the second sentence, by inserting including lesson plans to achieve core competencies and learning objectives, after curriculum, ; and (2) in paragraph (3)— (A) by striking Consistent training .—The Secretary of Defense shall ensure and inserting Uniform training .—The Secretary of Defense shall require ; and (B) by striking consistent and inserting uniform .

https://www.govinfo.gov/content/pkg/BILLS-113hr2227ih/xml/BILLS-113hr2227ih.xml

113-hr-2228

I 113th CONGRESS 1st Session H. R. 2228 IN THE HOUSE OF REPRESENTATIVES June 3, 2013 Mr. Petri (for himself and Mr. Butterfield ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To increase assessment accuracy to better measure student achievement and provide States with greater flexibility on assessment design. 1. Short title This Act may be cited as the Assessment Accuracy and Improvement Act . 2. Use of adaptive assessments Section 1111 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 ) is amended by adding at the end the following: (n) Use of adaptive assessments (1) In general Notwithstanding any other provision of this Act, a State may provide that the assessments to be used to measure student achievement by that State, and by the schools and local educational agencies of that State, shall be adaptive assessments (rather than the assessments otherwise required by this Act) that accurately assess student achievement above and below grade level while also measuring grade-level performance. (2) Definition For purposes of paragraph (1), an adaptive assessment is an assessment that changes its difficulty according to the performance of a student but reports the outcome of the assessment on a scale that is common to all students. (3) Evaluation The Secretary shall ensure that the protocol for evaluating the adaptive assessments is included in peer review guidance documents. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2228ih/xml/BILLS-113hr2228ih.xml

113-hr-2229

I 113th CONGRESS 1st Session H. R. 2229 IN THE HOUSE OF REPRESENTATIVES June 3, 2013 Mr. Ross (for himself and Ms. Castor of Florida ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To require the Commissioner of Social Security to issue uniform standards for the method for truncation of Social Security account numbers in order to protect such numbers from being used in the perpetration of fraud or identity theft and to provide for a prohibition on the display to the general public on the Internet of Social Security account numbers by State and local governments and private entities, and for other purposes. 1. Short title This Act may be cited as the Safeguarding Social Security Numbers Act of 2013 . 2. Findings Congress makes the following findings: (1) The Federal Government requires virtually every individual in the United States to obtain and maintain a Social Security account number in order to pay taxes or to qualify for old-age, survivors, and disability insurance benefits under title II of the Social Security Act. (2) Many Government agencies and private entities also use Social Security account numbers as identifiers to track individual records or as information that an individual must present to verify his or her identity. Thus, Social Security account numbers are routinely collected, recorded, and transferred by public and private entities. (3) As an unintended consequence of these uses, Social Security account 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. (4) According to the Social Security Administration’s Inspector General, 16 percent of the 99,000 fraud cases it investigated in the 1-year period ending September 30, 2006, involved the misuse of Social Security account numbers. (5) The Social Security account number is also a key piece of information used in the perpetration of identity theft. In calendar year 2006, over 240,000 individuals reported to the Federal Trade Commission that they had been the victims of an identity theft. Identity theft is a serious crime that can cause substantial financial losses and force victims to spend significant time restoring the accuracy of their credit records. (6) Social Security account numbers are publicly displayed by some Government entities. In most jurisdictions throughout the United States, State and local law requires that certain documentary records, such as business filings, property records, and birth and marriage certificates, be made available to the general public. Some of these records contain personally identifiable information of individuals, including Social Security account numbers. Increasingly, State and local recordkeepers are displaying public records on the Internet, where these records are widely accessible at no cost or for a minimal fee. There are known instances of criminals using personally identifiable information from online public records to commit identity theft. (7) Private information resellers also routinely record and transfer individuals’ Social Security account numbers and other personally identifiable information. In a 2006 study, the Government Accountability Office (GAO) was able to purchase truncated or full Social Security account numbers from 5 of 21 Internet information resellers that were surveyed. (8) The GAO has concluded, based on available evidence, that unauthorized access to personal data such as Social Security account numbers is a frequent occurrence. A survey of 17 Federal agencies by the Committee on Oversight and Government Reform of the House of Representatives found that these agencies suffered more than 788 data breaches from January 2003 through July 2006. (9) In many instances, public and private entities seek to protect Social Security account numbers from abuse by truncating a portion of each number. However, because truncation methods are not uniform, it is possible to obtain a full Social Security account number by reconstructing the number based on partial information obtained from different sources. (10) In a report issued in June 2007, the GAO found that truncated Social Security account numbers in Federal documents stored as public records remain vulnerable to misuse, in part because different truncation methods used by the public and private sectors permit the reconstruction of full Social Security account numbers. Federal entities such as the Department of Justice, the Internal Revenue Service, and the Judicial Conference of the United States truncate by displaying the last 4 digits of the Social Security account number. In contrast, the GAO found that information resellers sometimes sell records containing Social Security account numbers that are truncated to display the first 5 digits. (11) The first 5 digits of an individual’s Social Security account number are assigned based on the location in which the account number was issued and the order in which the account number was issued. The last 4 digits of an individual’s Social Security account number are randomly generated, creating a unique account number for each individual. Many public and private entities ask consumers to supply the last 4 digits of Social Security account numbers as a way to verify consumers’ identities, providing an additional reason for identity thieves to seek to acquire these digits. (12) The GAO reported in 2006 that it had been unable to identify any industry standards or guidelines for truncating Social Security account numbers. Moreover, the GAO could not identify any consensus among Government officials about which method for truncation better protects Social Security account numbers from abuse. (13) The GAO has stated that standardizing the truncation of Social Security account numbers would better protect these numbers from misuse. Since 2005, the GAO has on multiple occasions recommended the establishment of uniform standards for truncation of Social Security account numbers. (14) Given the Social Security Administration’s role in assigning Social Security account numbers, the Commissioner of Social Security may be in the best position to determine whether and how truncation should be standardized. (15) The truncation of Social Security account numbers, even by Federal Government agencies, is not comprehensively required or regulated. Currently, the Social Security Administration does not have the legal authority to regulate the use of Social Security account numbers by other entities. (16) Because the Federal Government created and maintains the system of required Social Security account numbers, 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 curb the abuse of Social Security account numbers. 3. Requirement to issue uniform standards for the method for truncation of Social Security account numbers (a) In general The Commissioner of Social Security shall issue uniform standards— (1) for the method for truncation of Social Security account numbers in order to facilitate the protection of such numbers from being used in the perpetration of fraud or identity theft; and (2) for the method for encryption (or other method of securing from disclosure) of Social Security account numbers transmitted by means of the Internet. Such uniform standards shall not apply with respect to a Social Security account number of a deceased individual. (b) Requirements (1) In general In establishing the uniform standards required under subsection (a), the Commissioner of Social Security shall consider the matters described in paragraph (2) and consult with, at a minimum, the heads of the following Federal agencies: (A) The Department of Justice. (B) The Federal Trade Commission. (C) The Department of the Treasury. (2) Specific considerations For purposes of paragraph (1), the matters described in this paragraph are the following: (A) The extent to which various methods for truncation of Social Security account numbers will assist in the prevention of fraud and identity theft, taking into account the following: (i) The risk that a truncated Social Security account number can be combined with other personally identifiable information to derive or acquire a complete Social Security account number. (ii) The risk that the numerical digits not masked in the truncation process will reveal personally identifiable information about an individual. (iii) The risk that a truncated Social Security account number can be used to derive or acquire from other sources a full Social Security account number. (B) The methods in use for the truncation of Social Security account numbers by the Federal Government, State and local governments, and private entities and the extent of use of each method by the Federal Government, State and local governments, and private entities. (C) The reasons why Social Security account numbers are collected and recorded by the Federal Government, State and local governments, and private entities. (D) The effect of each proposed method for truncation on the uses for Social Security account numbers by the Federal Government, State and local governments, and private entities. (E) Any comments regarding proposed methods for truncation submitted to the Commissioner from— (i) experts on privacy and data security, consumer advocacy groups, and identity theft assistance organizations; (ii) the Federal Government or State or local governments, including State Attorneys General; (iii) representatives of private entities that transfer, display, record, or otherwise utilize Social Security account numbers on a regular basis; (iv) the Comptroller General of the United States; and (v) any other appropriate entities. 4. Application of uniform standards (a) Federal Government On and after the date that the Commissioner of Social Security determines in regulations issued pursuant to section 6, the uniform standards issued under section 3(1) shall apply to the Federal Government— (1) whenever the Federal Government displays a Social Security account number; and (2) to the extent practicable, whenever the Federal Government transfers, records, or otherwise utilizes a Social Security account number. (b) State and local governments; private entities (1) Display or transmission by a State or local government by means of the Internet (A) Prohibition (i) In general Subject to clause (ii), a State, a political subdivision of a State, or any officer, employee, or contractor of a State or a political subdivision of a State, shall not display to the general public on the Internet all or any portion of any Social Security account number. (ii) Exceptions A State, a political subdivision of a State, or any officer, employee, or contractor of a State or a political subdivision of a State may display to the general public on the Internet— (I) a portion of a Social Security account number if such display complies with the uniform standards for the method for truncation and en­cryption of such numbers issued by the Commissioner of Social Security under section 3; and (II) all or any portion of a Social Security account number of a deceased individual. (B) Penalties A State, a political subdivision of a State, or any officer, employee, or contractor of a State or a political subdivision of a State that violates subparagraph (A) shall be subject to a civil penalty of not more than $5,000 per day for each day that the State or political subdivision violated such subsection. (C) Enforcement The Attorney General may bring a civil action against a State, a political subdivision of a State, or any officer, employee, or contractor of a State or a political subdivision of a State, in any appropriate United States District Court for a violation of subparagraph (A). (D) Effective date Subparagraphs (A) through (C) shall take effect on the date that is 1 year after the date on which regulations are issued under section 6 and shall apply to violations occurring on or after that date. (2) Display by other means It is the sense of Congress that if a State, local government, or private entity displays a Social Security account number in a manner other than that described in paragraph (1), the State, local government, or private entity should comply with the uniform standards issued under section 3 to the same extent that the Federal Government or a State or local government is required to comply with such standards under subsection (a) and paragraph (1) of this subsection. 5. Grants to State and local governments to come into compliance with the prohibition on the display to the general public on the Internet of Social Security account numbers (a) In general The Attorney General shall award grants to States and political subdivisions of States to carry out activities to remove, redact, or truncate, in accordance with the uniform standards for the method of truncation issued under section 3, all Social Security account numbers on forms and records of executive, legislative, and judicial agencies of States and political subdivisions of States that, as of the date that is 1 year after the date on which regulations are issued under section 6, would be displayed to the general public on the Internet in violation of section 4(b)(1). (b) Application A State or political subdivision of a State desiring a grant under this subsection shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may reasonably require. (c) Authorization of appropriations There is authorized to be appropriated to the Attorney General to carry out this subsection, $10,000,000 for each of fiscal years 2014 and 2015. 6. Regulations Not later than the date that is 6 months after the date of the enactment of this Act, the Commissioner of Social Security shall issue regulations to carry out this Act. 7. GAO Report Not later than 18 months after the effective date of the regulations issued by the Commissioner of Social Security under section 6, the Comptroller General of the United States shall report to Congress on the extent to which the uniform standards required under section 3 have resulted in the adoption of such standards by private entities, and whether these standards are likely to provide greater protection against fraud and identity theft than the practices adhered to prior to such date. The report shall include— (1) a recommendation regarding— (A) whether such standards should be mandatory for State and local governments and private entities, and if so, under what circumstances; and (B) whether making such standards mandatory for such entities (with respect to each circumstance identified under subparagraph (A)) would help prevent fraud, identity theft, and unauthorized access to consumers’ personally identifiable information; and (2) recommendations for such additional legislation or administrative action as the Comptroller General determines appropriate to further reduce the risks of fraud, identity theft, and unauthorized access resulting from the transfer, sale, display, recording, or other utilization of Social Security account numbers. 8. Preemption of State law This Act and the amendments made by this Act shall supersede a provision of State law only if, and only to the extent that, such provision conflicts with a requirement of this Act or an amendment made by this Act. 9. Definitions In this Act— (1) the term display to the general public on the Internet means, in connection with all or any portion of a Social Security account number, to post or to permit the continued presence of such number, or any portion of such number in a viewable manner on an Internet site that is available to the general public, including any Internet site that requires a fee for access to information accessible on or through the site; (2) the term Social Security account number means the account number assigned to an individual by the Commissioner of Social Security in the exercise of the Commissioner's authority under section 205(c)(2) of the Social Security Act (42 U.S.C. 405(c)(2)) and includes any derivative of such number; and (3) the term State means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, and the Commonwealth of the Northern Mariana Islands.

https://www.govinfo.gov/content/pkg/BILLS-113hr2229ih/xml/BILLS-113hr2229ih.xml

113-hr-2230

I 113th CONGRESS 1st Session H. R. 2230 IN THE HOUSE OF REPRESENTATIVES June 3, 2013 Ms. Loretta Sanchez of California introduced the following bill; which was referred to the Committee on Armed Services A BILL To address the prevalence of sexual harassment and sexual assault in the Armed Forces. 1. Short title; table of contents (a) Short title This Act may be cited as the Track It to Prevent It Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. Improved climate assessments and dissemination and tracking of results. Sec. 5. Inclusion of letter of reprimands, nonpunitive letter of reprimands and counseling statements. Sec. 6. Service-wide 360 assessments. Sec. 7. Health welfare inspections. Sec. 8. Review of security of military installations, including barracks and multi-family residences. Sec. 9. Review of the Office of Diversity Management and Equal Opportunity role in sexual harassment cases. Sec. 10. Authorization of appropriations. 2. Findings Congress makes the following findings: (1) According to the Department of Defense, 3,374 sexual assault cases involving a member of the Armed Forces were reported in fiscal year 2012, a 6 percent increase in the number of reported cases in fiscal year 2011. (2) However, approximately 26,000 members of the Armed Forces made an anonymous report of a sexual assault in fiscal year 2012, a substantial increase from fiscal year 2011. (3) According to the Department of Defense, of the 6.1 percent of female members of the Armed Forces who experienced unwanted sexual contact in fiscal year 2012, 77 percent also experienced sexual harassment and, of the 1.2 percent of male members of the Armed Forces who experienced unwanted sexual contact in fiscal year 2012, 52 percent also experienced sexual harassment. (4) Sixty-two percent of those members who experienced unwanted sexual contact also perceived some form of social, administrative, or professional retaliation. (5) Climate assessments are required by law and commanders at all levels must comply as it is their core responsibility to create a safe and healthy environment for the unit. (6) Trends in bad behavior and reoccurring actions that harm the members of the unit, such as sexual harassment and sexual assault, must be identified earlier through improved performance assessments and better reporting by commanders at all levels. (7) According to a recent Government Accountability Office report, two of the primary reasons why members decide not to report sexual harassment and sexual assault incidents are because they do not think anything will be done about the incident if they report it and they think that reporting the incident will adversely impact their military career. (8) As long as commanders at any level continue to condone or ignore certain types of sexual misconduct, this behavior will continue to be prevalent in the military obstructing the change in culture. 3. Definitions In this Act (1) The term sexual harassment has the meaning given such term in Department of Defense Directive 1350.2, Department of Defense Military Equal Opportunity Program. (2) The term sexual assault means any of the offenses described in section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice). 4. Improved climate assessments and dissemination and tracking of results (a) Improved dissemination of results in chain of command The Secretary of Defense shall ensure that the results of command climate assessments are provided to the relevant individual commander and to the next higher level of command. (b) Performance tracking (1) Evidence of compliance The Secretary of each military department shall include in the performance evaluations and assessments used by each Armed Force under the jurisdiction of the Secretary a designated form where senior commanders can indicate whether the commander has conducted the required climate assessments. (2) Effect of failure to conduct assessment If a commander is found to not have conducted the required climate assessments, the failure shall be noted in the commander’s performance evaluation and be considered a serious factor during consideration for any subsequent promotion. (c) Tracking system The Inspector General of the Department of Defense shall develop a system to track whether commanders are conducting command climate assessments. (d) Unit compliance reports Working with the Inspector General of the Department of Defense, unit commanders shall gather all the climate assessments from the unit and develop a compliance report that, at a minimum, shall include the following: (1) A comprehensive overview of the concerns members of the unit expressed in the climate assessments. (2) Data showing how leadership is perceived in the unit. (3) A detailed strategic plan on how leadership plans to address the expressed concerns. 5. Inclusion of letter of reprimands, nonpunitive letter of reprimands and counseling statements The Secretary of Defense shall require commanders to include letter of reprimands, nonpunitive letter of actions and counseling statements involving substantiated cases of sexual harassment or sexual assault in the performance evaluation report of a member of the Armed Forces for the purpose of— (1) providing commanders increased visibility of the background information of members of the unit; (2) identifying and preventing trends of bad behavior early and effectively disciplining repeated actions which hinder units from fostering a healthy climate; and (3) preventing the transfer of sexual offenders. 6. Service-wide 360 assessments (a) Adoption of 360-Degree approach The Secretary of each military department shall develop an assessment program modeled after the current Department of the Army Multi-Source Assessment and Feedback (MSAF) Program, known in this section as the 360-degree approach . (b) Report on inclusion in performance evaluation reports Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report containing the results of an assessment of the feasibility of including the 360-degree approach as part of the performance evaluation reports. (c) Individual counseling The Secretary of each military department shall include individual counseling as part of the performance evaluation process. 7. Health welfare inspections The Secretary of each military department shall conduct health welfare inspections on a monthly basis in order to ensure and maintain security, military readiness, good order, and discipline of all units of the Armed Forces under the jurisdiction of the Secretary. Results of the Health Welfare Inspections shall be provided to both the commander and senior commander. 8. Review of security of military installations, including barracks and multi-family residences (a) Review of security measures The Secretary of Defense shall conduct a review of security measures on United States military installations, specifically with regard to barracks and multi-family residences on military installations, for the purpose of ensuring the safety of members of the Armed Forces and their dependents who reside on military installations. (b) Elements of study In conducting the review under subsection (a), the Secretary of Defense shall— (1) identify security gaps on military installations; and (2) evaluate the feasibility and effectiveness of using 24-hour electronic monitoring or placing security personnel at all points of entry into barracks and multi-family residences on military installation. (c) Submission of results Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report containing the results of the study conducted under subsection (a), including an estimate of the costs— (1) to eliminate all security gaps identified under subsection (b)(1); and (2) to provide 24-hour security monitoring as evaluated under subsection (b)(2). 9. Review of the Office of Diversity Management and Equal Opportunity role in sexual harassment cases (a) Review required The Secretary of Defense shall conduct a review of the Office of Diversity Management and Equal Opportunity for the purposes specified in subsection (b). (b) Elements of study In conducting the review under subsection (a), the Secretary of Defense shall— (1) identify and evaluate the resource and personnel gaps in the Office; (2) identify and evaluate the role of the Office in sexual harassment cases; and (3) evaluate how the Office works with the Sexual Assault Prevention and Response Office to address sexual harassment in the Armed Forces. 10. Authorization of appropriations There are authorized to be appropriated to the Secretary of Defense such sums as may be necessary to carry out this Act for fiscal year 2014.

https://www.govinfo.gov/content/pkg/BILLS-113hr2230ih/xml/BILLS-113hr2230ih.xml

113-hr-2231

I 113th CONGRESS 1st Session H. R. 2231 IN THE HOUSE OF REPRESENTATIVES AN ACT To amend the Outer Continental Shelf Lands Act to increase energy exploration and production on the Outer Continental Shelf, provide for equitable revenue sharing for all coastal States, implement the reorganization of the functions of the former Minerals Management Service into distinct and separate agencies, and for other purposes. 1. Short title This Act may be cited as the Offshore Energy and Jobs 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—Outer Continental Shelf Leasing Program Reforms Sec. 101. Outer Continental Shelf leasing program reforms. Sec. 102. Domestic oil and natural gas production goal. Sec. 103. Development and submittal of new 5-year oil and gas leasing program. Sec. 104. Rule of construction. Title II—Directing the President To Conduct New OCS Sales in Virginia, South Carolina, and California Sec. 201. Requirement to conduct proposed oil and gas Lease Sale 220 on the Outer Continental Shelf offshore Virginia. Sec. 202. South Carolina lease sale. Sec. 203. Southern California existing infrastructure lease sale. Sec. 204. Environmental impact statement requirement. Sec. 205. National defense. Sec. 206. Eastern Gulf of Mexico not included. Title III—Equitable Sharing of Outer Continental Shelf Revenues Sec. 301. Disposition of Outer Continental Shelf revenues to coastal States. Title IV—Reorganization of Minerals Management Agencies of the Department of the Interior Sec. 401. Establishment of Under Secretary for Energy, Lands, and Minerals and Assistant Secretary of Ocean Energy and Safety. Sec. 402. Bureau of Ocean Energy. Sec. 403. Ocean Energy Safety Service. Sec. 404. Office of Natural Resources revenue. Sec. 405. Ethics and drug testing. Sec. 406. Abolishment of Minerals Management Service. Sec. 407. Conforming amendments to Executive Schedule pay rates. Sec. 408. Outer Continental Shelf Energy Safety Advisory Board. Sec. 409. Outer Continental Shelf inspection fees. Sec. 410. Prohibition on action based on National Ocean Policy developed under Executive Order No. 13547. Title V—United States Territories Sec. 501. Application of Outer Continental Shelf Lands Act with respect to territories of the United States. Title VI—Miscellaneous Provisions Sec. 601. Rules regarding distribution of revenues under Gulf of Mexico Energy Security Act of 2006. Sec. 602. Amount of distributed qualified outer Continental Shelf revenues. Sec. 603. Seismic testing in the Atlantic Outer Continental Shelf. Title VII—Judicial Review Sec. 701. Time for filing complaint. Sec. 702. District court deadline. Sec. 703. Ability to seek appellate review. Sec. 704. Limitation on scope of review and relief. Sec. 705. Legal fees. Sec. 706. Exclusion. Sec. 707. Definitions. I Outer Continental Shelf Leasing Program Reforms 101. Outer Continental Shelf leasing program reforms Section 18(a) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344(a) ) is amended by adding at the end the following: (5) (A) In each oil and gas leasing program under this section, the Secretary shall make available for leasing and conduct lease sales including at least 50 percent of the available unleased acreage within each outer Continental Shelf planning area considered to have the largest undiscovered, technically recoverable oil and gas resources (on a total btu basis) based upon the most recent national geologic assessment of the outer Continental Shelf, with an emphasis on offering the most geologically prospective parts of the planning area. (B) The Secretary shall include in each proposed oil and gas leasing program under this section any State subdivision of an outer Continental Shelf planning area that the Governor of the State that represents that subdivision requests be made available for leasing. The Secretary may not remove such a subdivision from the program until publication of the final program, and shall include and consider all such subdivisions in any environmental review conducted and statement prepared for such program under section 102(2) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2) ). (C) In this paragraph the term available unleased acreage means that portion of the outer Continental Shelf that is not under lease at the time of a proposed lease sale, and that has not otherwise been made unavailable for leasing by law. (6) (A) In the 5-year oil and gas leasing program, the Secretary shall make available for leasing any outer Continental Shelf planning areas that— (i) are estimated to contain more than 2,500,000,000 barrels of oil; or (ii) are estimated to contain more than 7,500,000,000,000 cubic feet of natural gas. (B) To determine the planning areas described in subparagraph (A), the Secretary shall use the document entitled Minerals Management Service Assessment of Undiscovered Technically Recoverable Oil and Gas Resources of the Nation’s Outer Continental Shelf, 2006 . . 102. Domestic oil and natural gas production goal Section 18(b) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344(b) ) is amended to read as follows: (b) Domestic oil and natural gas production goal – (1) In general In developing a 5-year oil and gas leasing program, and subject to paragraph (2), the Secretary shall determine a domestic strategic production goal for the development of oil and natural gas as a result of that program. Such goal shall be— (A) the best estimate of the possible increase in domestic production of oil and natural gas from the outer Continental Shelf; (B) focused on meeting domestic demand for oil and natural gas and reducing the dependence of the United States on foreign energy; and (C) focused on the production increases achieved by the leasing program at the end of the 15-year period beginning on the effective date of the program. (2) Program goal For purposes of the 5-year oil and gas leasing program, the production goal referred to in paragraph (1) shall be an increase by 2032 of— (A) no less than 3,000,000 barrels in the amount of oil produced per day; and (B) no less than 10,000,000,000 cubic feet in the amount of natural gas produced per day. (3) Reporting The Secretary shall report annually, beginning at the end of the 5-year period for which the program applies, to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate on the progress of the program in meeting the production goal. The Secretary shall identify in the report projections for production and any problems with leasing, permitting, or production that will prevent meeting the goal. . 103. Development and submittal of new 5-year oil and gas leasing program (a) In general The Secretary of the Interior shall— (1) by not later than July 15, 2014, publish and submit to Congress a new proposed oil and gas leasing program under section 18 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344 ) for the 5-year period beginning on such date and ending July 15, 2020; and (2) by not later than July 15, 2015, approve a final oil and gas leasing program under such section for such period. (b) Consideration of all areas In preparing such program the Secretary shall include consideration of areas of the Continental Shelf off the coasts of all States (as such term is defined in section 2 of that Act, as amended by this Act), that are subject to leasing under this Act. (c) Technical correction Section 18(d)(3) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344(d)(3) ) is amended by striking or after eighteen months following the date of enactment of this section, whichever first occurs, . 104. Rule of construction Nothing in this Act shall be construed to authorize the issuance of a lease under the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ) to any person designated for the imposition of sanctions pursuant to— (1) the Iran Sanctions Act of 1996 ( 50 U.S.C. 1701 note), the Comprehensive Iran Sanctions, Accountability and Divestiture Act of 2010 ( 22 U.S.C. 8501 et seq. ), the Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8701 et seq. ), section 1245 of the National Defense Authorization Act for Fiscal Year 2012 ( 22 U.S.C. 8513a ), or the Iran Freedom and Counter-Proliferation Act of 2012 ( 22 U.S.C. 8801 et seq. ); (2) Executive Order No. 13622 (July 30, 2012), Executive Order No. 13628 (October 9, 2012), or Executive Order No. 13645 (June 3, 2013); (3) Executive Order No. 13224 (September 23, 2001) or Executive Order No. 13338 (May 11, 2004); or (4) the Syria Accountability and Lebanese Sovereignty Restoration Act of 2003 ( 22 U.S.C. 2151 note). II Directing the President To Conduct New OCS Sales in Virginia, South Carolina, and California 201. Requirement to conduct proposed oil and gas Lease Sale 220 on the Outer Continental Shelf offshore Virginia (a) In general Notwithstanding the exclusion of Lease Sale 220 in the Final Outer Continental Shelf Oil & Gas Leasing Program 2012–2017, the Secretary of the Interior shall conduct offshore oil and gas Lease Sale 220 under section 8 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337 ) as soon as practicable, but not later than one year after the date of enactment of this Act. (b) Requirement To make replacement lease blocks available For each lease block in a proposed lease sale under this section for which the Secretary of Defense, in consultation with the Secretary of the Interior, under the Memorandum of Agreement referred to in section 205(b), issues a statement proposing deferral from a lease offering due to defense-related activities that are irreconcilable with mineral exploration and development, the Secretary of the Interior, in consultation with the Secretary of Defense, shall make available in the same lease sale one other lease block in the Virginia lease sale planning area that is acceptable for oil and gas exploration and production in order to mitigate conflict. (c) Balancing military and energy production goals In recognition that the Outer Continental Shelf oil and gas leasing program and the domestic energy resources produced therefrom are integral to national security, the Secretary of the Interior and the Secretary of Defense shall work jointly in implementing this section in order to ensure achievement of the following common goals: (1) Preserving the ability of the Armed Forces of the United States to maintain an optimum state of readiness through their continued use of the Outer Continental Shelf. (2) Allowing effective exploration, development, and production of our Nation’s oil, gas, and renewable energy resources. (d) Definitions In this section: (1) Lease sale 220 The term Lease Sale 220 means such lease sale referred to in the Request for Comments on the Draft Proposed 5-Year Outer Continental Shelf (OCS) Oil and Gas Leasing Program for 2010–2015 and Notice of Intent To Prepare an Environmental Impact Statement (EIS) for the Proposed 5-Year Program published January 21, 2009 (74 Fed. Reg. 3631). (2) Virginia lease sale planning area The term Virginia lease sale planning area means the area of the outer Continental Shelf (as that term is defined in the Outer Continental Shelf Lands Act ( 33 U.S.C. 1331 et seq. )) that is bounded by— (A) a northern boundary consisting of a straight line extending from the northernmost point of Virginia’s seaward boundary to the point on the seaward boundary of the United States exclusive economic zone located at 37 degrees 17 minutes 1 second North latitude, 71 degrees 5 minutes 16 seconds West longitude; and (B) a southern boundary consisting of a straight line extending from the southernmost point of Virginia’s seaward boundary to the point on the seaward boundary of the United States exclusive economic zone located at 36 degrees 31 minutes 58 seconds North latitude, 71 degrees 30 minutes 1 second West longitude. 202. South Carolina lease sale Notwithstanding inclusion of the South Atlantic Outer Continental Shelf Planning Area in the Final Outer Continental Shelf Oil & Gas Leasing Program 2012–2017, the Secretary of the Interior shall conduct a lease sale not later than 2 years after the date of the enactment of this Act for areas off the coast of South Carolina determined by the Secretary to have the most geologically promising hydrocarbon resources and constituting not less than 25 percent of the leasable area within the South Carolina offshore administrative boundaries depicted in the notice entitled Federal Outer Continental Shelf (OCS) Administrative Boundaries Extending from the Submerged Lands Act Boundary seaward to the Limit of the United States Outer Continental Shelf , published January 3, 2006 (71 Fed. Reg. 127). 203. Southern California existing infrastructure lease sale (a) In general The Secretary of the Interior shall offer for sale leases of tracts in the Santa Maria and Santa Barbara/Ventura Basins of the Southern California OCS Planning Area as soon as practicable, but not later than December 31, 2014. (b) Use of Existing Structures or Onshore-Based Drilling The Secretary of the Interior shall include in leases offered for sale under this lease sale such terms and conditions as are necessary to require that development and production may occur only from offshore infrastructure in existence on the date of the enactment of this Act or from onshore-based, extended-reach drilling. 204. Environmental impact statement requirement (a) In General For the purposes of this Act, the Secretary of the Interior shall prepare a multisale environmental impact statement under section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 ) for all lease sales required under this title. (b) Actions To be considered Notwithstanding section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 ), in such statement— (1) the Secretary is not required to identify nonleasing alternative courses of action or to analyze the environmental effects of such alternative courses of action; and (2) the Secretary shall only— (A) identify a preferred action for leasing and not more than one alternative leasing proposal; and (B) analyze the environmental effects and potential mitigation measures for such preferred action and such alternative leasing proposal. 205. National defense (a) National Defense Areas This Act does not affect the existing authority of the Secretary of Defense, with the approval of the President, to designate national defense areas on the Outer Continental Shelf pursuant to section 12(d) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1341(d) ). (b) Prohibition on Conflicts With Military Operations No person may engage in any exploration, development, or production of oil or natural gas on the Outer Continental Shelf under a lease issued under this Act that would conflict with any military operation, as determined in accordance with the Memorandum of Agreement between the Department of Defense and the Department of the Interior on Mutual Concerns on the Outer Continental Shelf signed July 20, 1983, and any revision or replacement for that agreement that is agreed to by the Secretary of Defense and the Secretary of the Interior after that date but before the date of issuance of the lease under which such exploration, development, or production is conducted. 206. Eastern Gulf of Mexico not included Nothing in this Act affects restrictions on oil and gas leasing under the Gulf of Mexico Energy Security Act of 2006 (title I of division C of Public Law 109–432 ; 43 U.S.C. 1331 note). III Equitable Sharing of Outer Continental Shelf Revenues 301. Disposition of Outer Continental Shelf revenues to coastal States (a) In general Section 9 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1338 ) is amended— (1) in the existing text— (A) in the first sentence, by striking All rentals, and inserting the following: (c) Disposition of revenue under old leases All rentals, ; and (B) in subsection (c) (as designated by the amendment made by subparagraph (A) of this paragraph), by striking for the period from June 5, 1950, to date, and thereafter and inserting in the period beginning June 5, 1950, and ending on the date of enactment of the Offshore Energy and Jobs Act ; (2) by adding after subsection (c) (as so designated) the following: (d) Definitions In this section: (1) Coastal State The term coastal State includes a territory of the United States. (2) New leasing revenues The term new leasing revenues — (A) means amounts received by the United States as bonuses, rents, and royalties under leases for oil and gas, wind, tidal, or other energy exploration, development, and production on new areas of the outer Continental Shelf that are authorized to be made available for leasing as a result of enactment of the Offshore Energy and Jobs Act and leasing under that Act; and (B) does not include amounts received by the United States under any lease of an area located in the boundaries of the Central Gulf of Mexico and Western Gulf of Mexico Outer Continental Shelf Planning Areas on the date of enactment of the Offshore Energy and Jobs Act , including a lease issued before, on, or after such date of enactment. ; and (3) by inserting before subsection (c) (as so designated) the following: (a) Payment of new leasing revenues to coastal States (1) In general Except as provided in paragraph (2), of the amount of new leasing revenues received by the United States each fiscal year, 37.5 percent shall be allocated and paid in accordance with subsection (b) to coastal States that are affected States with respect to the leases under which those revenues are received by the United States. (2) Phase-in (A) In general Except as provided in subparagraph (B), paragraph (1) shall be applied— (i) with respect to new leasing revenues under leases awarded under the first leasing program under section 18(a) that takes effect after the date of enactment of the Offshore Energy and Jobs Act , by substituting 12.5 percent for 37.5 percent ; and (ii) with respect to new leasing revenues under leases awarded under the second leasing program under section 18(a) that takes effect after the date of enactment of the Offshore Energy and Jobs Act , by substituting 25 percent for 37.5 percent . (B) Exempted lease sales This paragraph shall not apply with respect to any lease issued under title II of the Offshore Energy and Jobs Act . (b) Allocation of payments (1) In general The amount of new leasing revenues received by the United States with respect to a leased tract that are required to be paid to coastal States in accordance with this subsection each fiscal year shall be allocated among and paid to coastal States that are within 200 miles of the leased tract, in amounts that are inversely proportional to the respective distances between the point on the coastline of each such State that is closest to the geographic center of the lease tract, as determined by the Secretary. (2) Minimum and maximum allocation The amount allocated to a coastal State under paragraph (1) each fiscal year with respect to a leased tract shall be— (A) in the case of a coastal State that is the nearest State to the geographic center of the leased tract, not less than 25 percent of the total amounts allocated with respect to the leased tract; (B) in the case of any other coastal State, not less than 10 percent, and not more than 15 percent, of the total amounts allocated with respect to the leased tract; and (C) in the case of a coastal State that is the only coastal State within 200 miles of a leased tract, 100 percent of the total amounts allocated with respect to the leased tract. (3) Administration Amounts allocated to a coastal State under this subsection— (A) shall be available to the coastal State without further appropriation; (B) shall remain available until expended; (C) shall be in addition to any other amounts available to the coastal State under this Act; and (D) shall be distributed in the fiscal year following receipt. (4) Use of funds (A) In general Except as provided in subparagraph (B), a coastal State may use funds allocated and paid to it under this subsection for any purpose as determined by the laws of that State. (B) Restriction on use for matching Funds allocated and paid to a coastal State under this subsection may not be used as matching funds for any other Federal program. . (b) Limitation on application This section and the amendment made by this section shall not affect the application of section 105 of the Gulf of Mexico Energy Security Act of 2006 (title I of division C of Public Law 109–432 ; ( 43 U.S.C. 1331 note)), as in effect before the enactment of this Act, with respect to revenues received by the United States under oil and gas leases issued for tracts located in the Western and Central Gulf of Mexico Outer Continental Shelf Planning Areas, including such leases issued on or after the date of the enactment of this Act. IV Reorganization of Minerals Management Agencies of the Department of the Interior 401. Establishment of Under Secretary for Energy, Lands, and Minerals and Assistant Secretary of Ocean Energy and Safety There shall be in the Department of the Interior— (1) an Under Secretary for Energy, Lands, and Minerals, who shall— (A) be appointed by the President, by and with the advise and consent of the Senate; (B) report to the Secretary of the Interior or, if directed by the Secretary, to the Deputy Secretary of the Interior; (C) be paid at the rate payable for level III of the Executive Schedule; and (D) be responsible for— (i) the safe and responsible development of our energy and mineral resources on Federal lands in appropriate accordance with United States energy demands; and (ii) ensuring multiple-use missions of the Department of the Interior that promote the safe and sustained development of energy and minerals resources on public lands (as that term is defined in the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. )); (2) an Assistant Secretary of Ocean Energy and Safety, who shall— (A) be appointed by the President, by and with the advise and consent of the Senate; (B) report to the Under Secretary for Energy, Lands, and Minerals; (C) be paid at the rate payable for level IV of the Executive Schedule; and (D) be responsible for ensuring safe and efficient development of energy and minerals on the Outer Continental Shelf of the United States; and (3) an Assistant Secretary of Land and Minerals Management, who shall— (A) be appointed by the President, by and with the advise and consent of the Senate; (B) report to the Under Secretary for Energy, Lands, and Minerals; (C) be paid at the rate payable for level IV of the Executive Schedule; and (D) be responsible for ensuring safe and efficient development of energy and minerals on public lands and other Federal onshore lands under the jurisdiction of the Department of the Interior, including implementation of the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ) and the Surface Mining Control and Reclamation Act ( 30 U.S.C. 1201 et seq. ) and administration of the Office of Surface Mining. 402. Bureau of Ocean Energy (a) Establishment There is established in the Department of the Interior a Bureau of Ocean Energy (referred to in this section as the Bureau ), which shall— (1) be headed by a Director of Ocean Energy (referred to in this section as the Director ); and (2) be administered under the direction of the Assistant Secretary of Ocean Energy and Safety. (b) Director (1) Appointment The Director shall be appointed by the Secretary of the Interior. (2) Compensation The Director shall be compensated at the rate provided for level V of the Executive Schedule under section 5316 of title 5, United States Code. (c) Duties (1) In general The Secretary of the Interior shall carry out through the Bureau all functions, powers, and duties vested in the Secretary relating to the administration of a comprehensive program of offshore mineral and renewable energy resources management. (2) Specific authorities The Director shall promulgate and implement regulations— (A) for the proper issuance of leases for the exploration, development, and production of nonrenewable and renewable energy and mineral resources on the Outer Continental Shelf; (B) relating to resource identification, access, evaluation, and utilization; (C) for development of leasing plans, lease sales, and issuance of leases for such resources; and (D) regarding issuance of environmental impact statements related to leasing and post leasing activities including exploration, development, and production, and the use of third party contracting for necessary environmental analysis for the development of such resources. (3) Limitation The Secretary shall not carry out through the Bureau any function, power, or duty that is— (A) required by section 403 to be carried out through the Ocean Energy Safety Service; or (B) required by section 404 to be carried out through the Office of Natural Resources Revenue. (d) Responsibilities of land management agencies Nothing in this section shall affect the authorities of the Bureau of Land Management under the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ) or of the Forest Service under the National Forest Management Act of 1976 ( Public Law 94–588 ). 403. Ocean Energy Safety Service (a) Establishment There is established in the Department of the Interior an Ocean Energy Safety Service (referred to in this section as the Service ), which shall— (1) be headed by a Director of Energy Safety (referred to in this section as the Director ); and (2) be administered under the direction of the Assistant Secretary of Ocean Energy and Safety. (b) Director (1) Appointment The Director shall be appointed by the Secretary of the Interior. (2) Compensation The Director shall be compensated at the rate provided for level V of the Executive Schedule under section 5316 of title 5, United States Code. (c) Duties (1) In general The Secretary of the Interior shall carry out through the Service all functions, powers, and duties vested in the Secretary relating to the administration of safety and environmental enforcement activities related to offshore mineral and renewable energy resources on the Outer Continental Shelf pursuant to the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ) including the authority to develop, promulgate, and enforce regulations to ensure the safe and sound exploration, development, and production of mineral and renewable energy resources on the Outer Continental Shelf in a timely fashion. (2) Specific authorities The Director shall be responsible for all safety activities related to exploration and development of renewable and mineral resources on the Outer Continental Shelf, including— (A) exploration, development, production, and ongoing inspections of infrastructure; (B) the suspending or prohibiting, on a temporary basis, any operation or activity, including production under leases held on the Outer Continental Shelf, in accordance with section 5(a)(1) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1334(a)(1) ); (C) cancelling any lease, permit, or right-of-way on the Outer Continental Shelf, in accordance with section 5(a)(2) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1334(a)(2) ); (D) compelling compliance with applicable Federal laws and regulations relating to worker safety and other matters; (E) requiring comprehensive safety and environmental management programs for persons engaged in activities connected with the exploration, development, and production of mineral or renewable energy resources; (F) developing and implementing regulations for Federal employees to carry out any inspection or investigation to ascertain compliance with applicable regulations, including health, safety, or environmental regulations; (G) implementing the Offshore Technology Research and Risk Assessment Program under section 21 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1347 ); (H) summoning witnesses and directing the production of evidence; (I) levying fines and penalties and disqualifying operators; (J) carrying out any safety, response, and removal preparedness functions; and (K) the processing of permits, exploration plans, development plans. (d) Employees (1) In general The Secretary shall ensure that the inspection force of the Bureau consists of qualified, trained employees who meet qualification requirements and adhere to the highest professional and ethical standards. (2) Qualifications The qualification requirements referred to in paragraph (1)— (A) shall be determined by the Secretary, subject to subparagraph (B); and (B) shall include— (i) three years of practical experience in oil and gas exploration, development, or production; or (ii) a degree in an appropriate field of engineering from an accredited institution of higher learning. (3) Assignment In assigning oil and gas inspectors to the inspection and investigation of individual operations, the Secretary shall give due consideration to the extent possible to their previous experience in the particular type of oil and gas operation in which such inspections are to be made. (4) Background checks The Director shall require that an individual to be hired as an inspection officer undergo an employment investigation (including a criminal history record check). (5) Language requirements Individuals hired as inspectors must be able to read, speak, and write English well enough to— (A) carry out written and oral instructions regarding the proper performance of inspection duties; and (B) write inspection reports and statements and log entries in the English language. (6) Veterans preference The Director shall provide a preference for the hiring of an individual as a inspection officer if the individual is a member or former member of the Armed Forces and is entitled, under statute, to retired, retirement, or retainer pay on account of service as a member of the Armed Forces. (7) Annual proficiency review (A) Annual proficiency review The Director shall provide that an annual evaluation of each individual assigned inspection duties is conducted and documented. (B) Continuation of employment An individual employed as an inspector may not continue to be employed in that capacity unless the evaluation demonstrates that the individual— (i) continues to meet all qualifications and standards; (ii) has a satisfactory record of performance and attention to duty based on the standards and requirements in the inspection program; and (iii) demonstrates the current knowledge and skills necessary to courteously, vigilantly, and effectively perform inspection functions. (8) Limitation on right to strike Any individual that conducts permitting or inspections under this section may not participate in a strike, or assert the right to strike. (9) Personnel authority Notwithstanding any other provision of law, the Director may employ, appoint, discipline and terminate for cause, and fix the compensation, terms, and conditions of employment of Federal service for individuals as the employees of the Service in order to restore and maintain the trust of the people of the United States in the accountability of the management of our Nation’s energy safety program. (10) Training Academy (A) In general The Secretary shall establish and maintain a National Offshore Energy Safety Academy (referred to in this paragraph as the Academy ) as an agency of the Ocean Energy Safety Service. (B) Functions of Academy The Secretary, through the Academy, shall be responsible for— (i) the initial and continued training of both newly hired and experienced offshore oil and gas inspectors in all aspects of health, safety, environmental, and operational inspections; (ii) the training of technical support personnel of the Bureau; (iii) any other training programs for offshore oil and gas inspectors, Bureau personnel, Department personnel, or other persons as the Secretary shall designate; and (iv) certification of the successful completion of training programs for newly hired and experienced offshore oil and gas inspectors. (C) Cooperative agreements (i) In general In performing functions under this paragraph, and subject to clause (ii), the Secretary may enter into cooperative educational and training agreements with educational institutions, related Federal academies, other Federal agencies, State governments, safety training firms, and oil and gas operators and related industries. (ii) Training requirement Such training shall be conducted by the Academy in accordance with curriculum needs and assignment of instructional personnel established by the Secretary. (11) Use of Department personnel In performing functions under this subsection, the Secretary shall use, to the extent practicable, the facilities and personnel of the Department of the Interior. The Secretary may appoint or assign to the Academy such officers and employees as the Secretary considers necessary for the performance of the duties and functions of the Academy. (12) Additional training programs (A) In general The Secretary shall work with appropriate educational institutions, operators, and representatives of oil and gas workers to develop and maintain adequate programs with educational institutions and oil and gas operators that are designed— (i) to enable persons to qualify for positions in the administration of this Act; and (ii) to provide for the continuing education of inspectors or other appropriate Department of the Interior personnel. (B) Financial and technical assistance The Secretary may provide financial and technical assistance to educational institutions in carrying out this paragraph. (e) Limitation The Secretary shall not carry out through the Service any function, power, or duty that is— (1) required by section 402 to be carried out through Bureau of Ocean Energy; or (2) required by section 404 to be carried out through the Office of Natural Resources Revenue. 404. Office of Natural Resources revenue (a) Establishment There is established in the Department of the Interior an Office of Natural Resources Revenue (referred to in this section as the Office ) to be headed by a Director of Natural Resources Revenue (referred to in this section as the Director ). (b) Appointment and compensation (1) In general The Director shall be appointed by the Secretary of the Interior. (2) Compensation The Director shall be compensated at the rate provided for Level V of the Executive Schedule under section 5316 of title 5, United States Code. (c) Duties (1) In general The Secretary of the Interior shall carry out, through the Office, all functions, powers, and duties vested in the Secretary and relating to the administration of offshore royalty and revenue management functions. (2) Specific authorities The Secretary shall carry out, through the Office, all functions, powers, and duties previously assigned to the Minerals Management Service (including the authority to develop, promulgate, and enforce regulations) regarding offshore royalty and revenue collection; royalty and revenue distribution; auditing and compliance; investigation and enforcement of royalty and revenue regulations; and asset management for onshore and offshore activities. (d) Limitation The Secretary shall not carry out through the Office any function, power, or duty that is— (1) required by section 402 to be carried out through Bureau of Ocean Energy; or (2) required by section 403 to be carried out through the Ocean Energy Safety Service. 405. Ethics and drug testing (a) Certification The Secretary of the Interior shall certify annually that all Department of the Interior officers and employees having regular, direct contact with lessees, contractors, concessionaires, and other businesses interested before the Government as a function of their official duties, or conducting investigations, issuing permits, or responsible for oversight of energy programs, are in full compliance with all Federal employee ethics laws and regulations under the Ethics in Government Act of 1978 (5 U.S.C. App.) and part 2635 of title 5, Code of Federal Regulations, and all guidance issued under subsection (c). (b) Drug Testing The Secretary shall conduct a random drug testing program of all Department of the Interior personnel referred to in subsection (a). (c) Guidance Not later than 90 days after the date of enactment of this Act, the Secretary shall issue supplementary ethics and drug testing guidance for the employees for which certification is required under subsection (a). The Secretary shall update the supplementary ethics guidance not less than once every 3 years thereafter. 406. Abolishment of Minerals Management Service (a) Abolishment The Minerals Management Service is abolished. (b) Completed administrative actions (1) In general Completed administrative actions of the Minerals Management Service shall not be affected by the enactment of this Act, but shall continue in effect according to their terms until amended, modified, superseded, terminated, set aside, or revoked in accordance with law by an officer of the United States or a court of competent jurisdiction, or by operation of law. (2) Completed administrative action defined For purposes of paragraph (1), the term completed administrative action includes orders, determinations, memoranda of understanding, memoranda of agreements, rules, regulations, personnel actions, permits, agreements, grants, contracts, certificates, licenses, registrations, and privileges. (c) Pending Proceedings Subject to the authority of the Secretary of the Interior and the officers of the Department of the Interior under this Act— (1) pending proceedings in the Minerals Management Service, including notices of proposed rulemaking, and applications for licenses, permits, certificates, grants, and financial assistance, shall continue, notwithstanding the enactment of this Act or the vesting of functions of the Service in another agency, unless discontinued or modified under the same terms and conditions and to the same extent that such discontinuance or modification could have occurred if this Act had not been enacted; and (2) orders issued in such proceedings, and appeals therefrom, and payments made pursuant to such orders, shall issue in the same manner and on the same terms as if this Act had not been enacted, and any such orders shall continue in effect until amended, modified, superseded, terminated, set aside, or revoked by an officer of the United States or a court of competent jurisdiction, or by operation of law. (d) Pending Civil Actions Subject to the authority of the Secretary of the Interior or any officer of the Department of the Interior under this Act, pending civil actions shall continue notwithstanding the enactment of this Act, and in such civil actions, proceedings shall be had, appeals taken, and judgments rendered and enforced in the same manner and with the same effect as if such enactment had not occurred. (e) References References relating to the Minerals Management Service in statutes, Executive orders, rules, regulations, directives, or delegations of authority that precede the effective date of this Act are deemed to refer, as appropriate, to the Department, to its officers, employees, or agents, or to its corresponding organizational units or functions. Statutory reporting requirements that applied in relation to the Minerals Management Service immediately before the effective date of this Act shall continue to apply. 407. Conforming amendments to Executive Schedule pay rates (a) Under Secretary for Energy, Lands, and Minerals Section 5314 of title 5, United States Code, is amended by inserting after the item relating to Under Secretaries of the Treasury (3). the following: Under Secretary for Energy, Lands, and Minerals, Department of the Interior. . (b) Assistant Secretaries Section 5315 of title 5, United States Code, is amended by striking Assistant Secretaries of the Interior (6). and inserting the following: Assistant Secretaries, Department of the Interior (7). . (c) Directors Section 5316 of title 5, United States Code, is amended by striking Director, Bureau of Mines, Department of the Interior. and inserting the following new items: Director, Bureau of Ocean Energy, Department of the Interior. Director, Ocean Energy Safety Service, Department of the Interior. Director, Office of Natural Resources Revenue, Department of the Interior. . 408. Outer Continental Shelf Energy Safety Advisory Board (a) Establishment The Secretary of the Interior shall establish, under the Federal Advisory Committee Act, an Outer Continental Shelf Energy Safety Advisory Board (referred to in this section as the Board )— (1) to provide the Secretary and the Directors established by this Act with independent scientific and technical advice on safe, responsible, and timely mineral and renewable energy exploration, development, and production activities; and (2) to review operations of the National Offshore Energy Health and Safety Academy established under section 403(d), including submitting to the Secretary recommendations of curriculum to ensure training scientific and technical advancements. (b) Membership (1) Size The Board shall consist of not more than 11 members, who— (A) shall be appointed by the Secretary based on their expertise in oil and gas drilling, well design, operations, well containment and oil spill response; and (B) must have significant scientific, engineering, management, and other credentials and a history of working in the field related to safe energy exploration, development, and production activities. (2) Consultation and nominations The Secretary shall consult with the National Academy of Sciences and the National Academy of Engineering to identify potential candidates for the Board and shall take nominations from the public. (3) Term The Secretary shall appoint Board members to staggered terms of not more than 4 years, and shall not appoint a member for more than 2 consecutive terms. (4) Balance In appointing members to the Board, the Secretary shall ensure a balanced representation of industry and research interests. (c) Chair The Secretary shall appoint the Chair for the Board from among its members. (d) Meetings The Board shall meet not less than 3 times per year and shall host, at least once per year, a public forum to review and assess the overall energy safety performance of Outer Continental Shelf mineral and renewable energy resource activities. (e) Offshore drilling safety assessments and recommendations As part of its duties under this section, the Board shall, by not later than 180 days after the date of enactment of this section and every 5 years thereafter, submit to the Secretary a report that— (1) assesses offshore oil and gas well control technologies, practices, voluntary standards, and regulations in the United States and elsewhere; and (2) as appropriate, recommends modifications to the regulations issued under this Act to ensure adequate protection of safety and the environment, including recommendations on how to reduce regulations and administrative actions that are duplicative or unnecessary. (f) Reports Reports of the Board shall be submitted by the Board to the Committee on Natural Resources of the House or Representatives and the Committee on Energy and Natural Resources of the Senate and made available to the public in electronically accessible form. (g) Travel expenses Members of the Board, other than full-time employees of the Federal Government, while attending meeting of the Board or while otherwise serving at the request of the Secretary or the Director while serving away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for individuals in the Government serving without pay. 409. Outer Continental Shelf inspection fees Section 22 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1348 ) is amended by adding at the end of the section the following: (g) Inspection fees (1) Establishment The Secretary of the Interior shall collect from the operators of facilities subject to inspection under subsection (c) non-refundable fees for such inspections— (A) at an aggregate level equal to the amount necessary to offset the annual expenses of inspections of outer Continental Shelf facilities (including mobile offshore drilling units) by the Department of the Interior; and (B) using a schedule that reflects the differences in complexity among the classes of facilities to be inspected. (2) Ocean energy safety fund There is established in the Treasury a fund, to be known as the Ocean Energy Enforcement Fund (referred to in this subsection as the Fund ), into which shall be deposited all amounts collected as fees under paragraph (1) and which shall be available as provided under paragraph (3). (3) Availability of fees (A) In general Notwithstanding section 3302 of title 31, United States Code, all amounts deposited in the Fund— (i) shall be credited as offsetting collections; (ii) shall be available for expenditure for purposes of carrying out inspections of outer Continental Shelf facilities (including mobile offshore drilling units) and the administration of the inspection program under this section; (iii) shall be available only to the extent provided for in advance in an appropriations Act; and (iv) shall remain available until expended. (B) Use for field offices Not less than 75 percent of amounts in the Fund may be appropriated for use only for the respective Department of the Interior field offices where the amounts were originally assessed as fees. (4) Initial fees Fees shall be established under this subsection for the fiscal year in which this subsection takes effect and the subsequent 10 years, and shall not be raised without advise and consent of the Congress, except as determined by the Secretary to be appropriate as an adjustment equal to the percentage by which the Consumer Price Index for the month of June of the calendar year preceding the adjustment exceeds the Consumer Price Index for the month of June of the calendar year in which the claim was determined or last adjusted. (5) Annual fees Annual fees shall be collected under this subsection for facilities that are above the waterline, excluding drilling rigs, and are in place at the start of the fiscal year. Fees for fiscal year 2013 shall be— (A) $10,500 for facilities with no wells, but with processing equipment or gathering lines; (B) $17,000 for facilities with 1 to 10 wells, with any combination of active or inactive wells; and (C) $31,500 for facilities with more than 10 wells, with any combination of active or inactive wells. (6) Fees for drilling rigs Fees for drilling rigs shall be assessed under this subsection for all inspections completed in fiscal years 2013 through 2022. Fees for fiscal year 2013 shall be— (A) $30,500 per inspection for rigs operating in water depths of 1,000 feet or more; and (B) $16,700 per inspection for rigs operating in water depths of less than 1,000 feet. (7) Billing The Secretary shall bill designated operators under paragraph (5) within 60 days after the date of the inspection, with payment required within 30 days of billing. The Secretary shall bill designated operators under paragraph (6) within 30 days of the end of the month in which the inspection occurred, with payment required within 30 days after billing. (8) Sunset No fee may be collected under this subsection for any fiscal year after fiscal year 2022. (9) Annual reports (A) In general Not later than 60 days after the end of each fiscal year beginning with fiscal year 2013, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report on the operation of the Fund during the fiscal year. (B) Contents Each report shall include, for the fiscal year covered by the report, the following: (i) A statement of the amounts deposited into the Fund. (ii) A description of the expenditures made from the Fund for the fiscal year, including the purpose of the expenditures and the additional hiring of personnel. (iii) A statement of the balance remaining in the Fund at the end of the fiscal year. (iv) An accounting of pace of permit approvals. (v) If fee increases are proposed after the initial 10-year period referred to in paragraph (5), a proper accounting of the potential adverse economic impacts such fee increases will have on offshore economic activity and overall production, conducted by the Secretary. (vi) Recommendations to increase the efficacy and efficiency of offshore inspections. (vii) Any corrective actions levied upon offshore inspectors as a result of any form of misconduct. . 410. Prohibition on action based on National Ocean Policy developed under Executive Order No. 13547 (a) Prohibition The Bureau of Ocean Energy and the Ocean Energy Safety Service may not develop, propose, finalize, administer, or implement, any limitation on activities under their jurisdiction as a result of the coastal and marine spatial planning component of the National Ocean Policy developed under Executive Order No. 13547. (b) Report on expenditures Not later than 60 days after the date of enactment of this Act, the President shall submit a report to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate identifying all Federal expenditures in fiscal years 2011, 2012, and 2013, by the Bureau of Ocean Energy and the Ocean Energy Safety Service and their predecessor agencies, by agency, account, and any pertinent subaccounts, for the development, administration, or implementation of the coastal and marine spatial planning component of the National Ocean Policy developed under Executive Order No. 13547, including staff time, travel, and other related expenses. V United States Territories 501. Application of Outer Continental Shelf Lands Act with respect to territories of the United States Section 2 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 ) is amended— (1) in paragraph (a), by inserting after control the following: or lying within the United States exclusive economic zone and the Continental Shelf adjacent to any territory of the United States ; (2) in paragraph (p), by striking and after the semicolon at the end; (3) in paragraph (q), by striking the period at the end and inserting ; and ; and (4) by adding at the end the following: (r) The term State includes each territory of the United States. . VI Miscellaneous Provisions 601. Rules regarding distribution of revenues under Gulf of Mexico Energy Security Act of 2006 (a) In general Not later than 60 days after the date of enactment of this Act, the Secretary of the Interior shall issue rules to provide more clarity, certainty, and stability to the revenue streams contemplated by the Gulf of Mexico Energy Security Act of 2006 ( 43 U.S.C. 1331 note). (b) Contents The rules shall include clarification of the timing and methods of disbursements of funds under section 105(b)(2) of such Act. 602. Amount of distributed qualified outer Continental Shelf revenues Section 105(f)(1) of the Gulf of Mexico Energy Security Act of 2006 (title I of division C of Public Law 109–432 ; 43 U.S.C. 1331 note) shall be applied by substituting 2023, and shall not exceed $999,999,999 for each of fiscal years 2024 through 2055 for 2055 . 603. Seismic testing in the Atlantic Outer Continental Shelf Not later than December 31, 2013, the Bureau of Ocean Energy Management shall publish a record of decision on the Atlantic G&G Programmatic Final Environmental Impact Statement. VII Judicial Review 701. Time for filing complaint (a) In general Any cause of action that arises from a covered energy decision must be filed not later than the end of the 60-day period beginning on the date of the covered energy decision. Any cause of action not filed within this time period shall be barred. (b) Exception Subsection (a) shall not apply to a cause of action brought by a party to a covered energy lease. 702. District court deadline (a) In general All proceedings that are subject to section 701— (1) shall be brought in the United States district court for the district in which the Federal property for which a covered energy lease is issued is located or the United States District Court of the District of Columbia; (2) shall be resolved as expeditiously as possible, and in any event not more than 180 days after such cause or claim is filed; and (3) shall take precedence over all other pending matters before the district court. (b) Failure to comply with deadline If an interlocutory or final judgment, decree, or order has not been issued by the district court by the deadline described under this section, the cause or claim shall be dismissed with prejudice and all rights relating to such cause or claim shall be terminated. 703. Ability to seek appellate review An interlocutory or final judgment, decree, or order of the district court in a proceeding that is subject to section 701 may be reviewed by the U.S. Court of Appeals for the District of Columbia Circuit. The D.C. Circuit shall resolve any such appeal as expeditiously as possible and, in any event, not more than 180 days after such interlocutory or final judgment, decree, or order of the district court was issued. 704. Limitation on scope of review and relief (a) Administrative findings and conclusions In any judicial review of any Federal action under this title, any administrative findings and conclusions relating to the challenged Federal action shall be presumed to be correct unless shown otherwise by clear and convincing evidence contained in the administrative record. (b) Limitation on prospective relief In any judicial review of any action, or failure to act, under this title, the Court shall not grant or approve any prospective relief unless the Court finds that such relief is narrowly drawn, extends no further than necessary to correct the violation of a Federal law requirement, and is the least intrusive means necessary to correct the violation concerned. 705. Legal fees Any person filing a petition seeking judicial review of any action, or failure to act, under this title who is not a prevailing party shall pay to the prevailing parties (including intervening parties), other than the United States, fees and other expenses incurred by that party in connection with the judicial review, unless the Court finds that the position of the person was substantially justified or that special circumstances make an award unjust. 706. Exclusion This title shall not apply with respect to disputes between the parties to a lease issued pursuant to an authorizing leasing statute regarding the obligations of such lease or the alleged breach thereof. 707. Definitions In this title, the following definitions apply: (1) Covered energy decision The term covered energy decision means any action or decision by a Federal official regarding the issuance of a covered energy lease. (2) Covered energy lease The term covered energy lease means any lease under this Act or under an oil and gas leasing program under this Act. Passed the House of Representatives June 28, 2013. Karen L. Haas, Clerk.

https://www.govinfo.gov/content/pkg/BILLS-113hr2231eh/xml/BILLS-113hr2231eh.xml

113-hr-2232

I 113th CONGRESS 1st Session H. R. 2232 IN THE HOUSE OF REPRESENTATIVES June 4, 2013 Mr. Graves of Missouri (for himself, Mr. Hanna , Mr. Peters of California , Mr. Hunter , and Mr. Collins of New York ) introduced the following bill; which was referred to the Committee on Small Business A BILL To amend the Small Business Act to permit prime contractors covered by a subcontracting plan pertaining to a single contract with a Federal agency to receive credit against such a plan for using small business subcontractors at any level of subcontracting, and for other purposes. 1. Short title This Act may be cited as the Make Every Small Business Count Act of 2013 . 2. Credit for certain subcontractors (a) In general Section 8(d) of the Small Business Act ( 15 U.S.C. 637(d) ) is amended by adding at the end the following: (16) Credit for certain subcontractor For purposes of determining whether or not a prime contractor has attained the percentage goals specified in paragraph (6)— (A) if the subcontracting goals pertain only to a single contract with the executive agency, the prime contractor shall receive credit for small business concerns performing as first tier subcontractors or subcontractors at any tier pursuant to the subcontracting plans required under paragraph (6)(D) in an amount equal to the dollar value of work awarded to such small business concerns; and (B) if the subcontracting goals pertain to more than one contract with one or more executive agencies, or to one contract with more than one executive agency, the prime contractor may only count first tier subcontractors that are small business concerns. . (b) Definitions pertaining to subcontracting Section 3 of the Small Business Act (15 U.S.C. 632) is amended by adding at the end the following: (dd) Definitions pertaining to subcontracting In this Act: (1) Subcontract The term subcontract means a legally binding agreement between a contractor that is already under contract to another party to perform work, and a third party, hereinafter referred to as the subcontractor, for the subcontractor to perform a part, or all, of the work that the contractor has undertaken. (2) First tier subcontractor The term first tier subcontractor means a subcontractor who has a subcontract directly with the prime contractor. (3) At any tier The term at any tier means any subcontractor other than a subcontractor who is a first tier subcontractor. . 3. GAO Study Not later than 365 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Small Business of the House of Representatives and to the Committee on Small Business and Entrepreneurship of the Senate a report studying the feasibility of using Federal subcontracting reporting systems, including the Federal subaward reporting system required by section 2 of the Federal Funding Accountability and Transparency Act of 2006 and any electronic subcontracting reporting award system used by the Small Business Administration, to attribute subcontractors to particular contracts in the case of contractors that have subcontracting plans under section 8(d) of the Small Business Act that pertain to multiple contracts with executive agencies.

https://www.govinfo.gov/content/pkg/BILLS-113hr2232ih/xml/BILLS-113hr2232ih.xml

113-hr-2233

I 113th CONGRESS 1st Session H. R. 2233 IN THE HOUSE OF REPRESENTATIVES June 4, 2013 Mr. Bilirakis introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to provide a credit against tax for hurricane and tornado mitigation expenditures. 1. Short title This Act may be cited as the Hurricane and Tornado Mitigation Investment Act of 2013 . 2. Nonrefundable personal credit for hurricane and tornado mitigation property (a) In general Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section: 25E. Hurricane and tornado mitigation property (a) Allowance of credit In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 25 percent of the qualified hurricane and tornado mitigation property expenditures made by the taxpayer during such taxable year. (b) Maximum credit The credit allowed under subsection (a) for any taxable year shall not exceed $5,000. (c) Qualified hurricane and tornado mitigation expenditure For purposes of this section— (1) In general The term qualified hurricane and tornado mitigation property expenditure means an expenditure for property— (A) to improve the strength of a roof deck attachment, (B) to create a secondary water barrier to prevent water intrusion, (C) to improve the durability of a roof covering, (D) to brace gable-end walls, (E) to reinforce the connection between a roof and supporting wall, (F) to protect openings from penetration by windborne debris, or (G) to protect exterior doors and garages, in a qualified dwelling unit located in a qualified State and owned by the taxpayer. (2) Qualified dwelling unit The term qualified dwelling unit means a dwelling unit that is assessed at a value that is less than $1,000,000 by the locality in which such dwelling unit is located and with respect to the taxable year for which the credit described in subsection (a) is allowed. (3) Qualified State The term qualified State means Alabama, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, or Virginia. (d) Limitation An expenditure shall be taken into account in determining the qualified hurricane and tornado mitigation property expenditures made by the taxpayer during the taxable year only if the onsite preparation, assembly, or original installation of the property with respect to which such expenditure is made has been completed in a manner that is deemed to be adequate by a State-certified inspector. (e) Labor costs For purposes of this section, expenditures for labor costs properly allocable to the onsite preparation, assembly, or original installation of the property described in subsection (c) shall be taken into account in determining the qualified hurricane and tornado mitigation property expenditures made by the taxpayer during the taxable year. (f) Inspection costs For purposes of this section, expenditures for inspection costs properly allocable to the inspection of the preparation, assembly, or installation of the property described in subsection (c) shall be taken into account in determining the qualified hurricane and tornado mitigation property expenditures made by the taxpayer during the taxable year. . (b) Conforming amendment The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25D the following new item: Sec. 25E. Hurricane and tornado mitigation property. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2012. 3. Business related credit for hurricane and tornado mitigation (a) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 45R the following new section: 45S. Hurricane and tornado mitigation credit (a) General rule For purposes of section 38, the hurricane and tornado mitigation credit determined under this section for any taxable year is an amount equal to 25 percent of the qualified hurricane and tornado mitigation property expenditures made by the taxpayer during the taxable year. (b) Maximum credit The amount of the credit determined under subsection (a) for any taxable year shall not exceed $5,000. (c) Qualified hurricane and tornado mitigation expenditure For purposes of this section— (1) In general The term qualified hurricane and tornado mitigation property expenditure means an expenditure for property— (A) to improve the strength of a roof deck attachment, (B) to create a secondary water barrier to prevent water intrusion, (C) to improve the durability of a roof covering, (D) to brace gable-end walls, (E) to reinforce the connection between a roof and supporting wall, (F) to protect openings from penetration by windborne debris, or (G) to protect exterior doors and garages, in a qualified place of business located in a qualified State and owned by the taxpayer. (2) Qualified place of business The term qualified place of business means a place of business that is assessed at a value that is less than $5,000,000 by the locality in which such business is located and with respect to the taxable year for which the credit described in subsection (a) is allowed. (3) Qualified State The term qualified State means Alabama, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, or Virginia. (d) Limitation An expenditure shall be taken into account in determining the qualified hurricane and tornado mitigation property expenditures made by the taxpayer during the taxable year only if the onsite preparation, assembly, or original installation of the property with respect to which such expenditure is made has been completed in a manner that is deemed to be adequate by a State-certified inspector. (e) Labor costs For purposes of this section, expenditures for labor costs properly allocable to the onsite preparation, assembly, or original installation of the property described in subsection (c) shall be taken into account in determining the qualified hurricane and tornado mitigation property expenditures made by the taxpayer during the taxable year. (f) Inspection costs For purposes of this section, expenditures for inspection costs properly allocable to the inspection of the preparation, assembly, or installation of the property described in subsection (c) shall be taken into account in determining the qualified hurricane and tornado mitigation property expenditures made by the taxpayer during the taxable year. . (b) Conforming amendments (1) Section 38(b) of such Code is amended by striking plus at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting , plus , and by adding at the end the following new paragraph: (37) the hurricane and tornado mitigation credit determined under section 45S(a). . (2) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45R the following new item: Sec. 45S. Hurricane and tornado mitigation credit. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2012.

https://www.govinfo.gov/content/pkg/BILLS-113hr2233ih/xml/BILLS-113hr2233ih.xml

113-hr-2234

I 113th CONGRESS 1st Session H. R. 2234 IN THE HOUSE OF REPRESENTATIVES June 4, 2013 Mr. Bishop of New York introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committees on Oversight and Government Reform , Energy and Commerce , and the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To reduce and prevent the sale and use of fraudulent degrees in order to protect the integrity of valid higher education degrees that are used for Federal employment purposes. 1. Short title This Act may be cited as the Diploma and Accreditation Integrity Protection Act . 2. Purpose; Definitions (a) Purpose The purpose of this Act is to protect institutions of higher education, businesses and other employers, professional licensing boards, patients and clients of degree holders, taxpayers, and other individuals from any person claiming to possess a legitimate academic degree that in fact was issued by a fraudulent or nonexistent school, by a non-educational entity posing as a school, or by any entity in violation of Federal or State law. (b) Definitions In this Act: (1) Accreditation mill The term accreditation mill means an education or corporate organization that offers a form of educational recognition or accreditation, for a fee or free of charge, that— (A) extend a permanent recognition or accreditation status to an institution with few or no requirements for subsequent periodic reviews; (B) publish a list of institutions and programs recognized or accredited by such organization that includes institutions and programs that did not apply for or otherwise request such recognition or accreditation by the organization; or (C) lack national recognition by the Secretary of Education or the Council for Higher Education Accreditation. (2) Degree-granting institution The term degree-granting institution means any entity that offers or confers an academic, professional, or occupational degree, diploma, or certificate, if such degree, diploma, or certificate may be used to represent to the general public that the individual possessing such degree, diploma, or certificate has completed a program of education or training beyond secondary education. (3) Diploma mill The term diploma mill means any entity that— (A) lacks valid accreditation by an agency recognized by a Federal agency, a State government, or the Council for Higher Education Accreditation as a valid accrediting agency of institutions of higher education; and (B) offers degrees, diplomas, or certifications, for a fee, that may be used to represent to the general public that the individual possessing such a degree, diploma, or certification has completed a program of education or training beyond secondary education, but little or no education or course work is required to obtain such a degree, diploma, or certification. (4) Institution of higher education The term institution of higher education has the meaning given such term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ). 3. Accrediting agencies No accrediting agency or association may be considered to be a reliable authority as to the quality of education or training offered by a degree-granting institution for any purpose related to immigration, Federal employment and hiring practices, or for any other Federal purposes, unless the agency or association is a nationally recognized accrediting agency or association recognized by the Secretary of Education pursuant to part H of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1099a et seq. ). 4. Federal employment For purposes of applying any civil service law, rule, or regulation that requires or takes into consideration a degree from an institution of higher education for purposes of appointment or promotion of, or improved pay for, a Federal employee, only a degree from a degree-granting institution that is accredited by a nationally recognized accrediting agency or association recognized by the Secretary of Education pursuant to part H of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1099a et seq. ) shall be acceptable. 5. Unfair and deceptive acts and practices regarding diplomas and professional certifications (a) Conduct prohibited Not later than 180 days after the date of enactment of this Act, the Federal Trade Commission shall initiate a rulemaking to define as an unfair and deceptive act or practice under section 18 of Federal Trade Commission Act ( 15 U.S.C. 57a ) the following: (1) The issuing of a degree, diploma, certificate, or any similar document by an entity that is not recognized as a legitimate postsecondary degree-granting institution by the Secretary of Education, if such degree, diploma, certificate, or similar document misrepresents, directly or indirectly, the subject matter, substance, or content of the course of study or any other material fact concerning the course of study for which such degree, diploma, certificate, or similar document was awarded. (2) The offering or conferring of an academic, professional, or occupational degree if the entity offering or conferring the degree— (A) is not an institution of higher education; or (B) is not accredited by— (i) a nationally recognized accrediting agency or association recognized by the Secretary of Education pursuant to part H of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1099a et seq. ); or (ii) an accrediting agency or association that is recognized as a legitimate accrediting agency or association for any purpose by any appropriate Federal agency or by the Council for Higher Education Accreditation, unless the entity offering or conferring such a degree clearly and conspicuously discloses, in all advertising and promotional materials that contain a reference to such a degree, that the awarding of the degree has not been so authorized or that the entity offering or conferring the degree has not been so approved or recognized. (3) The claiming or asserting in any advertisements or promotional material of an entity offering or conferring an academic, professional, or occupational degree, that such entity has— (A) an accredited status unless it holds accreditation from an accrediting agency that is recognized by the Secretary of Education or the Council for Higher Education Accreditation, or is recognized for any purpose by any appropriate Federal agency; or (B) an unaccredited, but approved status that misrepresents, directly or indirectly, the nature, extent, or credibility of such approval. (4) The issuing of any accreditation, including institutional, programmatic, or specialized accreditation, to any degree-granting institution by any entity that is not recognized for accreditation purposes by the Secretary of Education, any other appropriate Federal agency, or the Council for Higher Education Accreditation. (b) Final Rule The Commission shall issue final rules under this section not later than 18 months after the date of enactment of this Act. (c) Reporting requirement (1) Federal Trade Commission In administering and enforcing the rule required under subsection (a) , the Federal Trade Commission shall report regularly to the Secretary of Education any information regarding entities which the Commission knows or suspects to be in violation of such rule. (2) Secretary of Education The Secretary of Education shall make available to the general public, in paper and electronic forms, the information reported to the Secretary in accordance with paragraph (1) .

https://www.govinfo.gov/content/pkg/BILLS-113hr2234ih/xml/BILLS-113hr2234ih.xml

113-hr-2235

I 113th CONGRESS 1st Session H. R. 2235 IN THE HOUSE OF REPRESENTATIVES June 4, 2013 Mr. Capuano (for himself, Mr. Keating , Mr. Kennedy , Mr. Lynch , Mr. Markey , Mr. McGovern , Mr. Neal , Mr. Tierney , and Ms. Tsongas ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Omnibus Crime Control and Safe Streets Act of 1968 to provide death benefits for campus police officers. 1. Short title This Act may be cited as the Officer Sean Collier Campus Police Recognition Act of 2013 . 2. Death benefits for campus police officers Section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796b ) is amended— (1) by redesignating paragraphs (1) through (9) as paragraphs (2) through (10), respectively; (2) by inserting the following before paragraph (2) (as so redesignated): (1) campus police officer means a police officer— (A) who is authorized to enforce the criminal laws (including the authorization to make arrests); and (B) who is employed by an institution of higher education (as such term is defined in section 101 of the Higher Education Act of 1965), including a police or similar department operated by such institution; ; and (3) in paragraph (10) (as so redesignated)— (A) in subparagraph (C)(ii), by striking or at the end; (B) in subparagraph (D), by striking the period at the end and inserting ; or ; and (C) by inserting after subparagraph (D) the following: (E) a campus police officer. . 3. Effective date The amendments made by this Act shall apply with respect to a personal injury sustained in the line of duty by a campus police officer occurring on or after April 15, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr2235ih/xml/BILLS-113hr2235ih.xml

113-hr-2236

I 113th CONGRESS 1st Session H. R. 2236 IN THE HOUSE OF REPRESENTATIVES June 4, 2013 Mr. Chabot (for himself, Ms. Lofgren , Ms. Eshoo , Ms. Chu , Mr. Farenthold , Mr. Chaffetz , and Mr. Coble ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 35, United States Code, to modify the definition of micro entity. 1. Short title This Act may be cited as the Promoting Startup Innovation Act . 2. Definition of micro entity (a) In general Section 123 of title 35, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (2), by striking more than 4 and inserting more than 7 ; (B) in paragraph (3), by striking 3 times and inserting 5 times ; and (C) in paragraph (4), by striking 3 times and inserting 5 times ; and (2) by adding at the end the following: (f) Determinations on applications for status The Director shall approve or deny any application for status as a micro entity not later than 45 days after the date on which the application is submitted. . (b) Effective date The amendments made by this section shall apply with respect to applications for status as a micro entity that are submitted on or after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2236ih/xml/BILLS-113hr2236ih.xml

113-hr-2237

I 113th CONGRESS 1st Session H. R. 2237 IN THE HOUSE OF REPRESENTATIVES June 4, 2013 Ms. Chu (for herself, Mr. Grijalva , Ms. Wilson of Florida , Mr. Honda , Mr. Ellison , Mr. Lewis , Mr. Polis , and Mr. Loebsack ) introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To strengthen student achievement and graduation rates and prepare young people for college, careers, and citizenship through innovative partnerships that meet the comprehensive needs of children and youth. 1. Short title; table of contents (a) Short title This Act may be cited as the Developing Innovative Partnerships and Learning Opportunities that Motivate Achievement Act or the DIPLOMA Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Purposes. Sec. 4. Definitions. Sec. 5. Demonstration program authorized; allotment to States. Sec. 6. State child and youth strategy. Sec. 7. Coordinating body; State applications. Sec. 8. State use of funds. Sec. 9. Local consortium application; local child and youth strategy. Sec. 10. Local use of funds. Sec. 11. Construction. Sec. 12. Accountability and transparency. Sec. 13. Authorization of appropriations. 2. Findings Congress finds the following: (1) The future strength of the Nation’s democracy, as well as the Nation's economy, is dependent upon the investments made in children and youth today. (2) Evidence demonstrates that effective partnerships among schools and communities increase student achievement by addressing the academic needs of students as well as the challenges the students face outside the classroom. For example: (A) Chicago Public Schools leads the Nation’s largest community school initiative and found that nearly half of the students in community schools had increased math and reading grades, and that between 2001 and 2006, community schools had greater gains in math and reading than regular Chicago public schools. (B) In a massive study of Chicago public schools, sociologist Anthony Bryk demonstrates that in schools where grassroots organizations forge strong connections with their schools, trust levels are greater, the school environment is civil, and parent involvement is greater. (C) Cincinnati Community Learning Centers, an initiative started in 2001, brings a number of organizations (such as the YMCA, the United Way, and the University of Cincinnati) to schools, where a School Based Resource Coordinator develops and facilitates community-based partnerships and resources that are responsive to the needs of the school and community. In Cincinnati, graduation rates increased from 51 percent in 2000 to 83 percent in 2009, the achievement gap between African-American students and White students decreased from 14.5 percent in 2003 to 4.3 percent in 2009, and Cincinnati is the first urban district in Ohio to receive an effective rating. (D) In Wisconsin, where partnerships are required for grant programs, non-traditional partners have proven to be instrumental for smaller communities to enrich after school programs. Those might include local trucking companies, the Grange, Farm Bureau, small retailers, and retirees. (E) Union City (New Jersey) school district proves that by breaking down institutional silos and creating deep partnerships, collaboration and municipal involvement, schools can be vibrant places of hope despite poverty, unemployment, and lack of affordable housing. (F) Molly Stark Elementary School in Bennington, Vermont, is a full-service community school of about 400 students from kindergarten through 5th grade that exemplifies the spirit of community involvement. People of all ages, backgrounds and experiences learn and work together as neighbors to improve student learning. In addition to a rigorous curriculum, the school offers on-site pediatric, psychological, dental, pre-school, outreach, nutrition, counseling, after school and summer school programs that level the playing field for all students, particularly the roughly 60 percent of students eligible for free or reduced-price lunch. (G) Harmon Johnson Elementary School in Sacramento, California, has a student population with 97 percent of students eligible for free or reduced-price lunch and 69 percent as English Language Learners. This community school encourages 21st century learning, and saw an API increase by 45 points in the last year. The school offers many resources to address students’ social, emotional, and physical needs, including a health and wellness center, access to 9 mental health therapists and a state-of-the-art dental program that were all developed with strong parent collaboration. (H) By meeting the comprehensive needs of students, Communities In Schools, a national dropout prevention organization, demonstrates that 78 percent of participating students improved their attendance, 89 percent had fewer behavior incidents, 80 percent improved their academic performance, and 78 percent of eligible seniors graduated from high school. (3) According to a 2013 report by the National Equity and Excellence Commission, to ensure that every child receives what he or she needs to succeed in school, we require a systemic means of cutting through the red tape that ties up funding streams and personnel. Governance reforms must ensure coordination and cooperation across federal, state and local agencies. Communities, tribes, states and the federal government must work together. . (4) Approximately only 75 percent of 9th graders graduate from high school 4 years later. Of students who graduate from high school, 2 out of 3 (67 percent) enroll in a 2- or 4-year college in the fall after completing high school. Only about half (58 percent) of first-time, full-time college freshmen seeking a 4-year degree receive a bachelor’s degree within 6 years or less. (5) Over the past 4 decades, the United States has slipped from being first in the world in high school and college graduation rates to 21st and 14th, respectively, putting the Nation at a growing competitive disadvantage with other countries. (6) Research shows that the holistic needs of students must be met in order to strengthen student achievement. One analysis of 16 factors influencing student achievement found that over half of the factors identified were present in the lives of students outside of the classroom. (7) Research from the Government Accountability Office found that students who change schools less frequently are more likely to perform at grade level and less likely to repeat a grade than their less stable peers. (8) In research by Teachers College, Columbia University, studies in psychology, health, and education feature school connectedness as important to student learning, achievement, and well-being. When students feel a sense of connection with the larger world and community institutions, they are more engaged in instructional activities and express greater commitment to school (Furrer & Skinner, 2003; Roeser, Midgley, & Urdan, 1996; Wentzel, 1997). (9) We know from successful experiences that hundreds of thousands of arts, cultural, service, sports, colleges and other youth organizations, as well as civic and faith-based groups want to partner with schools and educators to reinforce learning, but far too often, neither the school nor the community know how to effectively connect with each other. (10) In order for the United States to compete in a global economy, the copartnering efforts of government, social services, business, arts, home, community-based organizations, and philanthropy need to concentrate their efforts where they are most needed: in our schools. (11) Research from Johns Hopkins University shows that access to summer learning opportunities leads to significant student learning gains not experienced by students who cannot access summer learning opportunities. (12) A study of summer learning programs in California found that students experienced improved academic skills, school attendance, relationships with peers and adults, and positive work habits after attending summer learning programs. 3. Purposes The purposes of this Act are— (1) to create engaging learning experiences that— (A) strengthen academic achievement, build civic capacity, and provide a continuum of supports and opportunities for children, youth, and their families; and (B) prepare young people for college, careers, and citizenship through results-focused partnerships at all levels that mobilize and coordinate school and community resources; (2) to ensure the academic, physical, social, emotional, health, mental health, and civic development of disadvantaged youth and thereby strengthen their families and communities; (3) to engage and support parents, care givers, and families in their role as first educators of their children; (4) to promote community and family engagement in the academic and developmental needs of children and youth; (5) to leverage and integrate the human and financial assets of local communities, schools, State governments, the Federal Government, and the natural assets of communities— (A) toward better results for children, youth, and families; and (B) for sustained civic capacity; and (6) to develop school improvement strategies that incorporate approaches that meet the comprehensive needs of children and youth, such as full service community schools, community-based, integrated student services, and related approaches. 4. Definitions In this Act: (1) Community-based, integrated student services The term community-based, integrated student services means interventions, coordinated through a single point of contact, that improve student achievement by connecting community resources with the academic and social service needs of students. (2) Community engagement in education (A) In general The term community engagement in education means systematic efforts to involve, engage, and collaborate with parents, community residents, members of school communities, community partners, and other stakeholders in exploring the needs of their students and schools, developing plans to address those needs, and working together to address those needs. (B) Inclusions The term includes effective community engagement in an ongoing process to develop a welcoming school and school system, mobilize the community’s assets to support student achievement and growth, engage those individuals and stakeholders who traditionally have not participated, improve working relationships, and deepen the commitment to student success. (3) Family engagement in education The term family engagement in education means a shared responsibility of families and schools for student success, in which schools and community-based organizations are committed to reaching out to engage families in meaningful ways that encourage the families to actively support their children’s learning and development, as well as the learning and development of other children. The shared responsibility is continuous from birth through young adulthood and reinforces learning that takes place in the home, school, and community. (4) Full service community school The term full service community school means a public elementary school or secondary school that— (A) participates in a community-based effort to coordinate educational, developmental, family, health, and other comprehensive services through community-based organizations, specialized instructional support personnel employed by the school or the local educational agency, and public and private partnerships; and (B) provides access to such services to students, families, and the community, such as access during the school year (including before- and after-school hours), and during the summer. (5) Local consortium The term local consortium means a consortium consisting of community representatives that— (A) shall include— (i) a local educational agency; and (ii) not less than one other community partner that is independent of the local educational agency; and (B) may include a broad array of community partners, including— (i) a community-based organization; (ii) a child and youth serving organization or agency; (iii) an institution of higher education; (iv) a foundation; (v) a business; (vi) a teacher organization; (vii) an organization representing education professionals; (viii) a local government, including a government agency serving children and youth, such as a child welfare and juvenile justice agency; (ix) an organization representing students; and (x) an organization representing parents; and (C) may include representatives from multiple jurisdictions. (6) Local educational agency The term local educational agency has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (7) Outlying area The term outlying area has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (8) Persistently lowest-achieving school The term persistently lowest-achieving school has the meaning given the term in the final requirements for school improvement grants published by the Department of Education in the Federal Register on October 28, 2010 (75 Fed. Reg. 66367 et seq.). (9) Secretary The term Secretary means the Secretary of Education. (10) Specialized instructional support personnel The term specialized instructional support personnel means school counselors, school social workers, school psychologists, and other qualified professional personnel involved in providing assessment, diagnosis, counseling, educational, therapeutic, and other necessary corrective or supportive services (including related services as that term is defined in section 602 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401 )) as part of a comprehensive program to meet student needs. (11) Specialized instructional support services The term specialized instructional support services means the services provided by specialized instructional support personnel, and includes any other corrective or supportive services to meet student needs. (12) State The term State means each of the several States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. (13) Chronically absent The term chronically absent , when used with respect to a student, means a student who misses 10 percent or 20 days or more of school days in an academic year. (14) Digital learning The term digital learning means instructional practices that effectively use technology to strengthen the student learning experience and may include online and formative assessments, instructional resources, online content and courses, applications of technology in the classroom and school building, adaptive software for students with special needs, learning platforms, and online professional communities of practice. 5. Demonstration program authorized; allotment to States (a) Formula grants authorized (1) In general From the amounts appropriated under section 13, the Secretary is authorized to award grants, under subsection (c) or (d), to States having applications approved under section 7(b) to enable the States to award subgrants to local consortia to leverage and integrate human and financial assets at all levels in order to— (A) ensure the academic, physical, social, emotional, and civic development of disadvantaged youth; and (B) strengthen the families and communities of the disadvantaged youth and achieve the results developed pursuant to section 6(c)(1). (2) Duration The Secretary shall award a grant under this subsection for a period of 5 years. (3) Renewal The Secretary may renew a grant under this subsection for a period of 5 years. (b) Reservation From the funds appropriated under section 13 for any fiscal year, the Secretary shall reserve— (1) not more than 2 percent for national activities, which the Secretary may carry out directly or through grants and contracts, such as— (A) providing training technical assistance to local consortia and organizations partnering with local consortia to carry out services under this Act; or (B) conducting the national evaluation pursuant to section 12(a)(3); and (2) not more than 1 percent for payments to the outlying areas and the Bureau of Indian Affairs, to be allotted in accordance with their respective needs for assistance under this Act, as determined by the Secretary, to enable the outlying areas and the Bureau of Indian Affairs to carry out the purposes of this Act. (c) State allotments (1) Determination From the funds appropriated under section 13 for any fiscal year that are equal to or greater than $200,000,000 which remain after the Secretary makes the reservations under subsection (b), the Secretary shall allot to each State for the fiscal year 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, except that no State shall receive less than an amount equal to ½ of 1 percent of such funds. (2) Reallotment of unused funds If a State does not receive an allotment under this Act for a fiscal year, the Secretary shall reallot the amount of the State's allotment to the remaining States in accordance with this section. (d) Competitive grants authorized (1) In general For any year for which the amount appropriated under section 13 is less than $200,000,000, the Secretary shall award grants, on a competitive basis, to local consortia to enable the local consortia to carry out local strategies in accordance with sections 9 and 10. (2) Targeted local consortia The Secretary shall only award a grant to a local consortium under this subsection if the local consortium submits an application that proposes— (A) to serve children and youth in schools or communities with the highest proportions of students from low-income families; and (B) to provide a comprehensive continuum of services, including not less than 1 service from each of not less than 3 categories of services described in paragraphs (3) through (11) of section 10(b), which proposal— (i) shall be submitted by a local consortium comprised of a broad representation of stakeholders and decisionmakers in the community, including a multitude of community partners described in section 4(5)(B); or (ii) shall demonstrate the capacity for successful implementation through a history of successful collaboration and effectiveness in strengthening outcomes for children and youth. (3) Accountability and transparency The Secretary shall apply those provisions of section 12 that the Secretary determines applicable to local consortia receiving funds under this subsection. 6. State child and youth strategy (a) In general A State that receives a grant under this Act shall use the grant funds to develop and implement a State child and youth strategy (hereafter in this Act referred to as the State strategy ). (b) Strategy requirements The State strategy— (1) shall be developed by the Governor of the State and the State educational agency; (2) shall include the components described in subsection (c); and (3) may include other components as the Governor determines necessary to strengthen results for children and youth. (c) Required Components The State strategy components required under subsection (b) are the following: (1) State results framework The State strategy shall contain comprehensive, research-based annual goals and aligned quantifiable indicators demonstrating continuous improvement with respect to youth, particularly disadvantaged youth, that shall serve as targets for each year with respect to which the State strategy applies. The goals shall include the following: (A) Children are ready for school. (B) Students are engaged and achieving in school. (C) Students are physically, mentally, socially, and emotionally healthy. (D) Schools and neighborhoods are safe and provide a positive climate for learning. (E) Families and communities are supportive and engaged in their children’s education as equal partners. (F) Graduates are ready for postsecondary education and 21st-century careers. (G) Students are contributing to their communities. (H) Students are not chronically absent. (2) Needs and assets assessment The State strategy shall contain an assessment of the children’s needs, and of assets within the State that can be mobilized, coordinated, and integrated to achieve the State strategy's goals, which may include data collected by the Federal Interagency Forum on Child and Family Statistics. (3) State child and youth plan The State strategy shall include a description of the State’s plan to achieve the goals described in paragraph (1) for young people from birth through the transition to adulthood, including the following: (A) Leverage and integration A description of how funds received under this Act will be coordinated and integrated with other Federal and State funds in order to achieve the goals developed pursuant to paragraph (1). (B) Elimination of State barriers to coordination and integration A description of how funds received under this Act will be used to identify and eliminate State barriers to the coordination and integration of programs, initiatives, and funding streams to achieve the goals developed pursuant to paragraph (1). (C) Community engagement in education A description of the State's plan to increase community engagement in the academic and developmental needs of children and youth. (D) Family engagement in education A description of the State's plan to increase family engagement in the academic and developmental needs of children and youth. (d) Existing plans, strategies, and assessments Existing plans, strategies, needs assessments, or assets assessments may be used to satisfy the requirements of this section if such existing plans, strategies, needs assessments, or assets assessments include the information required by this section, or can be modified to do so, and are submitted to the Secretary with such modifications. 7. Coordinating body; State applications (a) Coordinating body (1) In general In order for a State to be eligible to receive a grant under this Act, the Governor of the State shall designate or establish a coordinating body for student learning and development that shall— (A) administer funds provided under this Act; (B) facilitate communication between the public and the Governor pertaining to issues impacting children and youth from birth through the transition to adulthood, including issues pertaining to service coordination and integration; (C) identify and eliminate State barriers to the coordination and integration of programs, initiatives, and funding streams, and facilitate coordination and collaboration among State agencies serving children and youth; (D) strengthen the capacity of State and local organizations to achieve positive outcomes for children and youth through training, technical assistance, professional development, and other means; (E) assist the Governor in developing and carrying out the State strategy; and (F) coordinate the submission of the State application under subsection (b). (2) Designation of coordinating body The Governor may designate an existing agency, Children's Cabinet, P–20 Council, child and youth development partnership, or other organization as the coordinating body for student learning and development described in paragraph (1) if the agency, cabinet, council, partnership, or organization— (A) performs duties similar to the duties described in paragraph (1); or (B) if the duties of the agency, cabinet, council, partnership, or organization can be modified to include the duties described in paragraph (1). (b) State application (1) In general Each State desiring a grant under this Act shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Contents Each application submitted under this subsection shall include the following: (A) State strategy A description of how the State will develop the State strategy. (B) Grants to local consortia A description of how subgrants to local consortia will be awarded pursuant to section 8 and how the subgrants will facilitate community planning and effective service coordination, integration, and provision at the local level to achieve the goals developed by the State pursuant to section 6(c)(1) within the context of local needs and priorities. (C) Capacity building A description of how grant funds received under this Act will be used to build State and local capacity through training, technical assistance, and professional development. (D) Accountability for results A description of the State's plans to adhere to the accountability and transparency requirements described in section 12(b). (3) Revised application Each State desiring to renew a grant under this Act shall submit a revised application to the Secretary every 5 years based on an assessment of the activities conducted under this Act. 8. State use of funds (a) In general From the grant funds made available to a State under this Act for any fiscal year— (1) the State shall use not less than 95 percent to award subgrants to local consortia under subsection (b); (2) the State may use not less than 3 percent for evaluation and capacity building activities, including training, technical assistance, and professional development; and (3) the State may use not more than 2 percent for the administrative costs of carrying out responsibilities under this Act. (b) Subgrants to local consortia (1) In general A State that receives a grant under this Act shall use the portion of the grant funds described in subsection (a)(1) to award subgrants to local consortia. (2) Priority In awarding subgrants to local consortia, a State shall give priority to applications from local consortia— (A) that— (i) propose to serve children and youth in schools designated by the State educational agency as persistently lowest-achievement schools; or (ii) that include at least one persistently lowest-achieving school, as determined by the State; and (B) that propose to provide a comprehensive continuum of services, including not less than 1 service from each of not less than 3 categories of services described in paragraphs (3) through (11) of section 10(b), which proposal— (i) shall be submitted by local consortia comprised of a broad representation of stakeholders and decisionmakers in the community, including a multitude of community partners described in section 4(5)(B); or (ii) shall demonstrate the capacity for successful implementation through a history of successful collaboration and effectiveness in strengthening outcomes for children and youth. (3) Duration of grant Each subgrant awarded under this section shall be for a period of 5 years and shall be renewable based on progress toward achieving the results described in section 9(b)(2)(A). (c) Planning grants A State that receives a grant under this Act may award planning grants to local consortia to enable the local consortia to develop the local strategy described in section 9(b). Such planning grants shall be for a duration of— (1) not more than 6 months and in an amount of not more than $50,000; or (2) not more than 1 year and in an amount of not more than $100,000. (d) Supplement, not supplant A State that receives a grant under this Act shall use the grant funds to supplement, not supplant, Federal and non-Federal funds available to support child and youth services. (e) Allocation to rural areas (1) In general A State that receives grant funding under this Act for a fiscal year shall use the grant funds to award an amount, in the aggregate, of subgrant funding under section 8 to rural local consortia in the State that is not less than the amount that bears the same relation to the amount of the grant funding as the amount received by local educational agencies serving rural local consortia in the State 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 received by the State under such subpart for the preceding fiscal year. (2) Rural local consortium In this subsection the term rural local consortium means a local consortium serving an area of the State that has a locale code of 41, 42, or 43. 9. Local consortium application; local child and youth strategy (a) Local consortium application (1) In general A local consortium that desires a subgrant under section 8 shall submit an application to the State at such time, in such manner, and containing such information as the State may require. (2) Contents An application submitted under this section shall include— (A) a description of the local consortium, including which public or nonprofit entity participating in the local consortium shall serve as the fiscal agent for the local consortium; (B) the local child and youth strategy (hereafter in this Act referred to as local strategy ) described in subsection (b); and (C) a description of how the local strategy will be coordinated with the local educational agency plan required under section 1112 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6312 ). (b) Local strategy (1) In general The local strategy— (A) shall be developed by the local consortium; (B) shall include the components described in paragraph (2); and (C) may include such other components as the local consortium determines necessary to strengthen outcomes for young people from birth through the transition to adulthood. (2) Components The local strategy components required under paragraph (1)(B) are the following: (A) Local results framework Comprehensive, research-based goals and aligned quantifiable indicators for the goals, with respect to youth, particularly disadvantaged youth, that shall serve as targets for the year with respect to which the local strategy applies. The goals shall include the following: (i) Children are ready for school. (ii) Students are engaged and achieving in school. (iii) Students are physically, mentally, socially, and emotionally healthy. (iv) Schools and neighborhoods are safe and provide a positive climate for learning. (v) Families are supportive and engaged in their children’s education. (vi) Students are ready for postsecondary education and 21st-century careers. (vii) Students are contributing to their communities. (B) Assets assessment An assessment of potential resources, services, and opportunities available within or near the community that children and youth, their families, and resources in the community may be able to access in order to meet the needs identified under subparagraph (C), to help achieve the goals and indicators under subparagraph (A), and to support students to achieve the challenging State student academic achievement standards, including the variety of services that can be integrated— (i) into a community school site; and (ii) through the presence of specialized student support personnel and local educational agency liaisons for homeless children and youth designated pursuant to section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11432(g)(1)(J)(ii) ). (C) Needs assessment An analysis of the comprehensive needs of the students served by the local consortium, their families, and the community that— (i) includes input from students, parents, and community members; (ii) assesses the academic, physical, social, emotional, health, mental health, and civic needs of students and their families; and (iii) may impact students’ ability to meet the challenging State student academic achievement standards. (D) Service integration and provision A plan to coordinate and integrate services and provide services in order to meet the needs identified under subparagraph (C) and achieve the results and aligned quantifiable indicators described in subparagraph (A), including— (i) a description of the services administered by members of the local consortium that are funded through grants provided under the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) that will be coordinated as part of the subgrant provided under section 8; and (ii) if applicable, a description of the coordination among services provided by community-based organizations and services provided by specialized instructional support personnel serving local educational agencies participating in the local consortium. (E) Community engagement in education A plan to increase community engagement in academic and developmental needs of children and youth. (F) Family engagement in education A plan to increase family engagement in the academic and developmental needs of children and youth. (3) Existing plans, strategies, and assessments Existing plans, strategies, needs assessments, or assets assessments may be used to satisfy the requirements of this section if such existing plans, strategies, needs assessments, or assets assessments include the information required by this section, or can be modified to do so, and are submitted to the Secretary with such modifications. 10. Local use of funds (a) Mandatory use of funds A local consortium that receives a subgrant under section 8 shall use the subgrant funds— (1) to integrate multiple private and public services into a comprehensive, coordinated continuum that meets the holistic needs of young people; (2) to implement the comprehensive, coordinated continuum of services described in paragraph (1) through research-based services producing quantifiable results that align with the local results framework described in section 9(b)(2)(A); (3) to address the needs identified in the needs assessment carried out pursuant to section 9(b)(2)(C) by leveraging the assets identified in the assets assessment carried out pursuant to section 9(b)(2)(B); and (4) if applicable, to coordinate efforts with the specialized instructional support personnel serving local educational agencies participating in the local consortium. (b) Permissible use of funds A local consortium that receives a subgrant under section 8 may use the subgrant funds to coordinate, integrate, and enhance existing services, and provide new services, in order to provide young people with research-based, comprehensive services at, or that are connected to, schools, including— (1) community-based, integrated student services; (2) full service community schools; (3) high-quality early childhood learning and development, including— (A) early childhood education; (B) programs under the Head Start Act ( 42 U.S.C. 9831 et seq. ), including Early Head Start programs; (C) early reading first programs; (D) child care services; (E) early childhood-school transition services; (F) home visiting; (G) parenting education; and (H) services for young children with special needs; (4) academic support services, including— (A) tutoring; (B) extended day programs, afterschool programs, or both such programs, which shall include services provided through 21st Century Community Learning Centers under part B of title IV of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7171 et seq. ); (C) academic support services for English-language learners; (D) programs for students and parents to learn together, including opportunities in such fields as technology, art, music, and language acquisition; (E) multiple pathways toward attaining a high school diploma and preparing students for college, including— (i) dual enrollment programs; (ii) early college high schools; (iii) strategies for preventing at-risk youth from dropping out of high school; (iv) dropout recovery strategies, including strategies that award credit based on student performance instead of instructional time; and (v) other activities that combine rigorous coursework, personalized learning environments, practical applications, and comprehensive support services; (F) summer enrichment and learning experiences; and (G) services for students with disabilities; (5) health services, including— (A) primary health care; (B) dental care; (C) vision care; (D) speech and hearing care; (E) mental health services; (F) nutrition services; (G) health education; and (H) developmental and habilitation services for young people with special needs; (6) youth development, including— (A) mentoring and other youth development programs, including programs that engage older adults; (B) recreation and physical education; (C) service learning, civic education, leadership development, entrepreneurship, and community service opportunities; (D) job training, career counseling, and internship opportunities; (E) career and technical education; (F) college preparation and counseling services; and (G) positive behavioral interventions and supports; (7) social services for students and families, including— (A) family support programs, including housing assistance, counseling, financial education, crisis intervention, and related services; (B) programs that provide assistance to students who have been truant, suspended, or expelled; (C) programs or efforts intended to identify young people without a high school diploma and reengage the young people in school so that the young people may attain a high school diploma; (D) strategies that engage older adults as resources to students and families; and (E) services for homeless students, foster children and youth, students previously under the custody of the juvenile justice system, and students who are pregnant and parenting; (8) parent and adult education programs, including— (A) programs that promote family literacy, including family literacy programs for English-language learners; (B) parent and caregiver leadership and parent and caregiver education activities; (C) translation services; (D) adult education, including instruction in English as a second language, and job training; and (E) citizenship preparation for individuals choosing to become United States citizens; (9) juvenile crime prevention and rehabilitation programs, including— (A) youth courts, teen courts, peer juries, and drug courts; and (B) tribal youth programs; (10) specialized instructional support services, including specialized instructional support personnel; (11) service coordination staffing that ensures young people receive comprehensive services to meet the holistic needs of the young people; (12) training, technical assistance, and professional development for school-based and community-based personnel to build capacity and skills to educate English-language learners; (13) training, technical assistance, and professional development for school-based and community-based personnel providing comprehensive services to children and youth; (14) subgrants to nonprofit and other organizations to implement the requirements and allowable services under this section; (15) reasonable program administration and planning associated with the activities required under this section; (16) access to and training on digital learning; and (17) other services consistent with this section. 11. Construction Nothing in this Act shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded school or school district employees under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers. 12. Accountability and transparency (a) Federal accountability and transparency (1) Annual report On an annual basis, the Secretary shall report to the public, Congress, and the President— (A) the collective progress made by— (i) States in achieving the goals established within the State results frameworks described in section 6(c)(1); and (ii) communities in achieving the goals established within the local results frameworks pursuant to section 9(b)(2)(A); (B) how funds under this Act were used by States and local consortia to improve the lives of children, youth, and families, including— (i) the characteristics of the young people and families served by the activities and services assisted under this Act; (ii) the services and supports provided under this Act; and (iii) outcomes resulting from the activities and services funded under this Act; (C) actions taken pursuant to paragraph (2) regarding misuse or ineffective use of funds; and (D) other information the Secretary determines to be of interest to the public. (2) Correction of deficiencies If the Secretary determines, based on a review of State annual reports, State strategies, State data submissions, evaluations, or other documentation, that a State or entity that receives funds through a grant or contract made under this Act makes insufficient progress toward achieving the goals established within the State results framework pursuant to section 6(c)(1) within 3 years of receiving a grant under section 5(a), or is misusing, ineffectively using, or otherwise not complying with the requirements of this Act, the Secretary shall— (A) notify the State of the deficiencies that require correction and request that the State submit a plan to correct the deficiencies; (B) negotiate a plan to correct the deficiencies, and provide appropriate training or technical assistance designed to assist the State in complying with the requirements of this Act; and (C) in the case that the State fails to submit or negotiate a plan to correct the deficiencies or fails to make substantial efforts, within 6 months after the date of the notification described in paragraph (1), to correct the deficiencies and comply with the requirements of this Act— (i) terminate the provision of funds under this Act to the State or entity for the remainder of the period of the grant or contract; and (ii) redistribute the terminated funding in the manner described in section 5(c). (3) Independent ongoing evaluation (A) In general The Secretary shall carry out an ongoing evaluation of the activities conducted under this Act and shall submit the evaluation results to Congress and the public by not later than June of 2016 and June of 2018. (B) Rigorous and independent evaluation The Secretary shall enter into a contract with an entity independent of the Department of Education to carry out the evaluation required under this paragraph. To the extent the Secretary determines feasible, the evaluation shall include large-scale, longitudinal, randomized studies to identify the most effective combinations of academic and nonacademic interventions, including interventions administered by community-based organizations, to achieve improvements in academic and other outcomes for students. (C) Evaluation outcomes (i) In general The evaluation required under this paragraph shall measure the process of developing and implementing effective partnerships among schools, school districts, families, students, and community partners, as well as the impact of activities conducted under this Act, which may include impacts on the following outcomes: (I) Student achievement as measured by assessment data, classroom grades, and other means of measuring student performance. (II) Graduation rates. (III) School readiness. (IV) Numbers of detentions, suspensions, and expulsions. (V) Enrollment in postsecondary education. (VI) The degree of communication between schools and families. (VII) The degree of parental participation in school activities. (VIII) Student health, including mental health and risk factors at birth. (IX) Student civic participation. (X) Attendance. (XI) The number of students and families receiving services. (XII) Other outcome areas as determined by the Secretary in consultation with State educational agencies, local educational agencies, teacher organizations, secondary students, and nonprofit organizations providing services to children and youth. (ii) Disaggregation The outcomes described in clause (i) shall be disaggregated by all subgroups identified in section 1111(b)(2)(C)(v) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(2)(C)(v) ), gender, and family income. (b) State accountability and transparency (1) Annual report On an annual basis, each State shall report to the public and the Secretary such information as the Secretary may reasonably require, including— (A) progress made toward achieving— (i) the goals established within the State results framework pursuant to section 6(c)(1) disaggregated in the same manner as information is disaggregated under subsection (a)(3)(C)(ii); and (ii) the goals established within the local results frameworks pursuant to section 9(b)(2)(A); (B) how funds under this Act were used by States and local consortia to improve the lives of children, youth, and families, including— (i) the characteristics of the young people and families served by the activities and services assisted under this Act; (ii) the services and supports provided under this Act; and (iii) outcomes resulting from the activities and services funded under this Act; (C) information on Federal barriers to effective State and local coordination; (D) the extent of coordination between State departments and agencies providing youth services in place to achieve the goals within the State results framework pursuant to section 6(c)(1); (E) the extent to which the objectives and budgets of State departments and agencies providing child and youth services were consistent with the recommendations of the State strategy for the preceding year; (F) the efficiency and adequacy of State and local programs and policies with respect to child and youth services; (G) actions taken pursuant to paragraph (2) regarding misuse or ineffective use of funds; and (H) other information the State determines to be of interest to the public. (2) Correction of deficiencies If the State determines, based on a review of reports, data submissions, evaluations, or other documentation, that a local consortium or organization that receives funds through a subgrant made under this Act makes insufficient progress toward achieving the goals established within the local results framework pursuant to section 9(b)(2)(A) within 3 years of receiving a subgrant under section 8, or is misusing, ineffectively using, or otherwise not complying with the requirements of this Act, the State shall— (A) notify the local consortium of the deficiencies that require correction and request that the consortium submit a plan to correct the deficiencies; (B) negotiate a plan to correct the deficiencies, and provide appropriate training or technical assistance designed to assist the local consortium in complying with the requirements of this Act; and (C) in the case that the local consortium fails to submit or negotiate a plan to correct the deficiencies or fails to make substantial efforts, within 6 months after the date of the notification described in subparagraph (A), to correct the deficiencies and comply with the requirements of this Act, terminate the provision of funds under this Act to the local consortium or organization for the remainder of the period of the subgrant and redistribute the terminated funding in a manner determined by the State to be in the best interests of the children and youth in such State in accordance with this Act. (c) Local accountability and transparency On an annual basis, each local consortium shall report to the public and the State such information as the State may reasonably require, including— (1) progress made toward achieving the goals established within the local results framework pursuant to section 9(b)(2)(A) disaggregated in the same manner as information is disaggregated under subsection (a)(3)(C)(ii); (2) how funds under this Act were used by the local consortium and subgrant recipients to improve the lives of children, youth, and families, including— (A) the characteristics of the young people and families served by the activities and services assisted under this Act; (B) the services and supports provided under this Act; and (C) outcomes resulting from the activities and services funded under this Act; (3) information on State barriers to effective local coordination; (4) the extent of coordination between local agencies and organizations providing services to achieve the goals within the local results framework pursuant to section 9(b)(2)(A); and (5) other information the local consortium determines to be of interest to the public. 13. Authorization of appropriations There are authorized to be appropriated to carry out this Act such sums as may be necessary for each of fiscal years 2014 through 2017.

https://www.govinfo.gov/content/pkg/BILLS-113hr2237ih/xml/BILLS-113hr2237ih.xml

113-hr-2238

I 113th CONGRESS 1st Session H. R. 2238 IN THE HOUSE OF REPRESENTATIVES June 4, 2013 Mr. Costa (for himself and Mr. Poe of Texas ) introduced the following bill; which was referred to the Committee on the Budget A BILL To amend the Balanced Budget and Emergency Deficit Control Act of 1985 to exempt the Crime Victims Fund from sequestration. 1. Exemption from sequestration Subsection (g)(1)(A) of section 255 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting after the item relating to Continuing Fund, Southwestern Power Administration (the second place it appears) the following new item: Crime Victims Fund (15–5041–0–2–754). .

https://www.govinfo.gov/content/pkg/BILLS-113hr2238ih/xml/BILLS-113hr2238ih.xml

113-hr-2239

I 113th CONGRESS 1st Session H. R. 2239 IN THE HOUSE OF REPRESENTATIVES June 4, 2013 Mr. Cotton introduced the following bill; which was referred to the Committee on the Judiciary A BILL To reduce the number of Federal judgeships for the U.S. Court of Appeals for the District of Columbia Circuit. 1. Short title This Act may be cited as the Stop Court-Packing Act . 2. Reduction of Federal judgeships for U.S. Court of Appeals for the District of Columbia Circuit The table contained in section 44(a) of title 28, United States Code, is amended in the item relating to the District of Columbia circuit court of appeals, by striking 11 and inserting 8 .

https://www.govinfo.gov/content/pkg/BILLS-113hr2239ih/xml/BILLS-113hr2239ih.xml

113-hr-2240

I 113th CONGRESS 1st Session H. R. 2240 IN THE HOUSE OF REPRESENTATIVES June 4, 2013 Mr. Blumenauer (for himself, Mr. Rohrabacher , Mr. Polis , Mr. Smith of Washington , Mr. Farr , Mr. Cohen , Mr. Perlmutter , and Ms. Lee 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 allow deductions and credits relating to expenditures in connection with marijuana sales conducted in compliance with State law. 1. Short title This Act may be cited as the Small Business Tax Equity Act of 2013 . 2. Allowance of deductions and credits relating to expenditures in connection with marijuana sales conducted in compliance with State law (a) In general Section 280E of the Internal Revenue Code of 1986 is amended by inserting before the period at the end the following: , unless such trade or business consists of marijuana sales conducted in compliance with State law . (b) Effective date The amendment made by this section shall apply with respect to taxable years ending after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2240ih/xml/BILLS-113hr2240ih.xml

113-hr-2241

I 113th CONGRESS 1st Session H. R. 2241 IN THE HOUSE OF REPRESENTATIVES June 4, 2013 Mr. Diaz-Balart (for himself and Mr. Harris ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to provide a credit for owning certain disaster resilient property. 1. Short title This Act may be cited as the Disaster Savings and Resilient Construction Act of 2013 . 2. Disaster resilient property tax credit (a) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 30D the following new section: 30E. Disaster resilient property (a) General rule There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the applicable amount for each qualified building placed in service during the taxable year. (b) Applicable amount For purposes of subsection (a)— (1) Commercial property In the case of a qualified commercial property, the applicable amount is the lesser of— (A) 1 percent of the cost of the building, or (B) $25,000 per building. (2) Residential property In the case of a qualified residential property, the applicable amount is the lesser of— (A) 1 percent of the cost of the property (or construction cost for rehabilitation of the property), or (B) $3,000 per property. (c) Qualified building For purposes of subsection (a)— (1) In general The term qualified building means a building— (A) owned by the taxpayer in a disaster area determined as a result of a federally declared major disaster, (B) the construction of which began after the date of such disaster in that area, (C) which— (i) is qualified commercial property placed in service for commercial purposes, or (ii) is qualified residential property is placed in service for residential purposes, and (D) for which a certificate of occupancy is issued before the end of the 3-year period beginning on the date of such disaster declaration in that area. (2) Qualified commercial property The term qualified commercial property means a building that is— (A) located in the United States, (B) defined in the scope of the 2009 or later International Building Code published by the International Code Council, and (C) designed and constructed to meet resilient construction requirements. (3) Qualified residential property The term qualified residential property means a building that is— (A) located in the United States, (B) defined in the scope of the 2009 or later International Residential Code published by the International Code Council, and (C) designed and constructed to meet resilient construction requirements. (d) Resilient construction requirements For purposes of this section— (1) In general The resilient construction requirements with respect to a property are that the property is designed and constructed to— (A) resist hazards brought on by a major disaster and continues to provide its primary functions after a major disaster, (B) reduce the magnitude or duration of a disruptive event, and (C) have the absorptive capacity, adaptive capacity, recoverability to withstand a potentially disruptive event. (2) Treated as meeting resiliency requirements For purposes of paragraph (1)— (A) in the case of a qualified commercial property, the property shall be treated as meeting the requirements specified in paragraph (1) if the property is a building which— (i) was designed to meet the requirements of the 2009 or later International Building Code published by the International Code Council and received the Insurance Institute for Business and Home Safety FORTIFIED for Safer Business designation, or (ii) was designed and built in a jurisdiction that requires commercial buildings to meet the requirements of the 2009 or later International Building Code published by the International Code Council with amendments that are equivalent or more restrictive than the requirements described in FORTIFIED for Safer Business Standards published by the Insurance Institute for Business and Home Safety and received a certificate of occupancy (or other documentation stating that it has met the requirements of the building code) from the jurisdiction, and (B) in the case of a qualified residential property, the property shall be treated as meeting the requirements specified in paragraph (1) if the property is a building which was designed to meet the requirements of the 2009 or later International Residential Code published by the International Code Council, and meets one of the following requirements: (i) The building received the Insurance Institute for Business and Home Safety as FORTIFIED for Safer Living designation. (ii) The building received the Insurance Institute for Business and Home Safety as FORTIFIED for Existing Homes designation, silver level. (iii) It was designed and built in a jurisdiction that requires residential buildings to meet the requirements of the 2009 or later International Building Code published by the International Code Council with amendments that are equivalent or more restrictive than the requirements described in FORTIFIED for Safer Living Builders Guide published by the Insurance Institute for Business and Home Safety and received a certificate of occupancy (or other documentation stating that it has met the requirements of the building code) from the jurisdiction. (3) Absorptive capacity The term absorptive capacity means the ability of the construction to endure a disruption without significant deviation from normal operating performance. (4) Adaptive capacity The term adaptive capacity means the ability of the construction to adapt to a drastic change in normal operating conditions. (5) Recoverability The term recoverability means the ability of the construction to recover quickly, and at low cost, from potentially disruptive events. (e) Other definitions For purposes of this section— (1) Construction The term construction includes new construction and reconstruction and rehabilitation that meets resilient construction requirements. (2) Federally declared major disaster The term federally declared major disaster means a disaster subsequently determined by the President of the United States to be a major disaster that warrants assistance by the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. (3) Disaster area The term disaster area means the area so determined to warrant such assistance. (f) Application with other credits (1) Business credit treated as part of general business credit So much of the credit which would be allowed under subsection (a) for any taxable year (determined without regard to this subsection) that is attributable to property of a character subject to an allowance for depreciation shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)). (2) Personal credit For purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year. (g) Basis reduction For purposes of this subtitle, the basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit so allowed. (h) Termination This section shall not apply to any property for which a certificate for occupancy is issued after December 31, 2017. . (b) Credit made part of general business credit Section 38(b) of such Code, as amended by this Act, 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 portion of the disaster resilient property credit to which section 30E(f)(1) applies. . (c) Basis adjustment Subsection (a) of section 1016 is amended by striking and at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting a comma, 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 30E(g), in the case of amounts with respect to which a credit has been allowed under section 30E. . (d) Clerical amendment The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 30D the following new item: Sec. 30E. Disaster resilient property. . (e) Effective date The amendments made by this section shall apply to property for which a certificate for occupancy is issued after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2241ih/xml/BILLS-113hr2241ih.xml

113-hr-2242

I 113th CONGRESS 1st Session H. R. 2242 IN THE HOUSE OF REPRESENTATIVES June 4, 2013 Mr. Engel introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To enable State and local promotion of natural gas, flexible fuel, and high-efficiency motor vehicle fleets. 1. Short title This Act may be cited as the State and Local Fleet Efficiency Act . 2. State and local promotion of natural gas, flexible fuel, and high-efficiency motor vehicle fleets (a) Definitions In this Act: (1) Fleet (A) In general The term fleet means a group of 20 or more light duty motor vehicles, medium duty motor vehicles, or heavy duty motor vehicles capable of carrying 14 or more passengers, operating primarily in a metropolitan statistical area or consolidated metropolitan statistical area, as established by the Bureau of the Census, with a 2000 population of more than 250,000, that are— (i) centrally dispatched; or (ii) (I) centrally fueled or capable of being centrally fueled; and (II) owned, operated, leased, or otherwise controlled by a governmental entity or other person who owns, operates, leases, or otherwise controls 50 or more such vehicles, by any person who controls such person, by any person controlled by such person, or by any person under common control with such person. (B) Excluded vehicles The term fleet does not include— (i) motor vehicles held for lease or rental to the general public; (ii) motor vehicles held for sale by motor vehicle dealers, including demonstration motor vehicles; (iii) motor vehicles used for motor vehicle manufacturer product evaluations or tests; (iv) law enforcement motor vehicles; (v) emergency motor vehicles; or (vi) motor vehicles acquired and used for military purposes that the Secretary of Defense has certified to the Secretary of Energy must be exempt for national security reasons. (2) Purchase requirement The term purchase requirement means a State or local legal requirement applying to the acquisition of fleet vehicles. Such a requirement may specify that when a fleet owner or operator acquires a new fleet vehicle, such owner or operator may acquire only new fleet vehicles that— (A) utilize natural gas as a fuel; (B) are flexible fuel vehicles, meaning vehicles that have been warranted by their manufacturer to operate on gasoline and E85, or gasoline and M85; or (C) meet a technology or performance-based characteristic that is commercially available. (b) State and local fleet requirements Nothing in this Act or in any other provision of law shall be construed to limit the authority of any State or local government to establish purchase requirements applicable to fleets operating primarily within the jurisdiction of the State or local government if such requirements are intended to further any policy regarding climate change, the control of air pollution, energy independence, or local economic benefits. No such State or local requirement shall be considered to be an undue burden on interstate commerce. A fleet operating in more than one jurisdiction in any calendar year shall be treated as operating primarily in the jurisdiction in which the largest number of vehicle miles were traveled by vehicles in the fleet in the 5-calendar-year period immediately preceding such calendar year. (c) Savings Nothing in this Act shall be construed as granting additional authority to State or local governments to establish requirements upon the manufacturers of automobiles.

https://www.govinfo.gov/content/pkg/BILLS-113hr2242ih/xml/BILLS-113hr2242ih.xml

113-hr-2243

I 113th CONGRESS 1st Session H. R. 2243 IN THE HOUSE OF REPRESENTATIVES June 4, 2013 Mr. Enyart introduced the following bill; which was referred to the Committee on Armed Services A BILL To authorize the Secretary of the Air Force to make competitive grants to support research and development, education, and training to produce a bio-based aviation fuel for use by the Air Force. 1. Bio-based aviation fuel research and development, education, and training efforts (a) Competitive grants authorized (1) Authorization and primary purpose The Secretary of the Air Force may make a grant, on a competitive basis, to an existing biofuels research center in the United States to conduct pilot-scale research, development, and testing of bio-based fuels that are suitable for use by the Air Force as an aviation fuel for jet aircraft. (2) Additional purposes Grant funds provided under paragraph (1) may also be used by the grant recipient to train military and civilian personnel in the new technologies and to conduct a study regarding the economic feasibility of a full-scale bio-based aviation fuel production facility. (b) Grant applications and selection (1) In general Grant applicants shall submit an application to the Secretary of the Air Force at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (2) Selection preference In conducting the competition for selection of the grant recipient, the Secretary shall give a preference to an existing biofuels research center in the United States that— (A) has the capacity and expertise necessary to quickly and efficiently conduct the pilot-scale research, development, and testing described in subsection (a)(1); and (B) is located in close proximity to— (i) the raw materials specified in subparagraph (B) of subsection (a)(1); (ii) a military installation with responsibility for military air transportation; and (iii) a private or commercial airport with capacity to host a research and pilot production facility. (c) Grant amounts Grants under subsection (a) may not exceed a total $25,000,000. With the approval of the Secretary of the Air Force, grant funds may be used for infrastructure to facilitate the pilot-scale research, development, and testing described in subsection (a)(1).

https://www.govinfo.gov/content/pkg/BILLS-113hr2243ih/xml/BILLS-113hr2243ih.xml

113-hr-2244

I 113th CONGRESS 1st Session H. R. 2244 IN THE HOUSE OF REPRESENTATIVES June 4, 2013 Mr. Griffin of Arkansas (for himself, Mr. Crawford , Mr. Cotton , and Mr. Womack ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To designate the attack that occurred at a recruiting station in Little Rock, Arkansas, on June 1, 2009, in which Private William Long of the United States Army was killed and Private Quinton Ezeagwula of the United States Army was wounded, as an international terrorist attack for which the two soldiers are to be awarded the Purple Heart. 1. Short title This Act may be cited as the Honoring Ezeagwula and Long Act or the HEAL Act . 2. Designation of Little Rock recruiting station attack as an international terrorist attack for purposes of awarding the Purple Heart The attack that occurred at a recruiting station in Little Rock, Arkansas, on June 1, 2009, in which Private William Long of the United States Army was killed and Private Quinton Ezeagwula of the United States Army was wounded, was an international terrorist attack carried out by an enemy of the United States, and pursuant to Army Regulations regarding the award of the Purple Heart (AR 600–8–22, chapter 2, section II, 2–8b), Privates Long and Ezeagwula are entitled to be awarded the Purple Heart.

https://www.govinfo.gov/content/pkg/BILLS-113hr2244ih/xml/BILLS-113hr2244ih.xml

113-hr-2245

I 113th CONGRESS 1st Session H. R. 2245 IN THE HOUSE OF REPRESENTATIVES June 4, 2013 Mr. Lankford introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To prohibit the Ambassador’s Fund for Cultural Preservation from making grants, and for other purposes. 1. Prohibition No funds made available to the Department of State or any department or agency may be used to carry out the Ambassador’s Fund for Cultural Preservation or any other such program to provide grants for cultural preservation outside the United States.

https://www.govinfo.gov/content/pkg/BILLS-113hr2245ih/xml/BILLS-113hr2245ih.xml

113-hr-2246

I 113th CONGRESS 1st Session H. R. 2246 IN THE HOUSE OF REPRESENTATIVES June 4, 2013 Mr. Ben Ray Luján of New Mexico (for himself and Ms. Michelle Lujan Grisham of New Mexico ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Individuals with Disabilities Education Act in order to limit the penalties to a State that does not meet its maintenance of effort level of funding to a one-time penalty. 1. Short title This Act may be cited as the IDEA MOE Adjustment Act . 2. Penalty limitation Section 612(a)(18) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1412(a)(18) ) is amended— (1) in subparagraph (B)— (A) by striking The Secretary shall reduce the allocation of funds under section 611 for any fiscal year and inserting the following: (i) Reduction The Secretary shall reduce the allocation of funds under section 611 for 1 fiscal year. ; and (2) by adding at the end the following: (ii) Distribution of funds In any case where a State’s allocation under clause (i) is reduced, the Secretary shall distribute to all other States (as that term is defined in section 611(g)(2)) that were not subject to a reduction in allocation under such clause, the amount by which any State’s allocation under section 611(d) was reduced under such clause, in accordance with subclauses (II) and (III) of section 611(d)(3)(A)(i) and without regard to paragraphs (A)(i)(I) and (B) of section 611(d)(3). (iii) Use of funds by states Each State that receives additional funds under clause (ii) shall allocate such funds to local educational agencies in accordance with section 611(f). (iv) No consideration for future years allocation Notwithstanding section 611(d), in calculating the amounts for allocations under such section for fiscal year 2013 and all subsequent years, the Secretary, when determining the amount a State received under such section for a preceding fiscal year, shall not consider— (I) any amount by which a State’s allocation under such section for fiscal year 2012 or any subsequent year is reduced under clause (i); and (II) any amount by which a State’s allocation increased, pursuant to clause (ii), as a result of a State’s reduction in allocation for fiscal year 2012 or any subsequent year. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2246ih/xml/BILLS-113hr2246ih.xml

113-hr-2247

I 113th CONGRESS 1st Session H. R. 2247 IN THE HOUSE OF REPRESENTATIVES June 4, 2013 Mrs. Lummis introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Arms Export Control Act to provide that certain firearms listed as curios or relics may be imported into the United States by a licensed importer without obtaining authorization from the Department of State or the Department of Defense, and for other purposes. 1. Short title This Act may be cited as the Collectible Firearms Protection Act . 2. Amendments to Arms Export Control Act (a) In general Section 38(b)(1) of the Arms Export Control Act ( 22 U.S.C. 2778(b)(1) ) is amended— (1) in the first subparagraph (B) (as added by section 8142 of the Department of Defense Appropriations Act, 1988 ( Public Law 100–202 ; 101 Stat. 1329–88))— (A) in the matter preceding clause (i), by striking subparagraph (A) and inserting subparagraph (A)(i) ; (B) in clause (i), by striking Secretary of the Treasury and inserting Attorney General ; and (C) by striking clause (ii) and inserting the following: (ii) the person seeking to export such firearms to the United States certifies to the Attorney General that the firearms are lawfully possessed under the laws of the exporting country. ; (2) by redesignating the second subparagraph (B) (as added by section 1255(b) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 ( Public Law 100–204 ; 101 Stat. 1431)) as subparagraph (C); and (3) by adding at the end the following: (D) Notwithstanding any other provision of law, regulation, or Executive order, any such firearms described in subparagraph (B) may be imported into the United States by an importer licensed under the provisions of chapter 44 of title 18, United States Code, without the importer or the person described in subparagraph (B)(ii)— (i) obtaining authorization from the Department of State or the Department of Defense for the transfer of such firearms by the person to the importer; or (ii) providing payment to the Department of State or the Department of Defense of any of the proceeds of the transfer of such firearms by the person to the importer. . (b) Effective date The amendments made by subsection (a) apply to the importation of firearms described in section 38(b)(1)(B) of the Arms Export Control Act (as amended by subsection (a) of this section) on or after the date of the enactment of this Act.

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113-hr-2248

I 113th CONGRESS 1st Session H. R. 2248 IN THE HOUSE OF REPRESENTATIVES June 4, 2013 Mr. Markey (for himself, Mr. Blumenauer , Mrs. Capps , Ms. DeGette , Ms. DeLauro , Mr. Ellison , Ms. Eshoo , Mr. Farr , Mr. Grijalva , Ms. Lofgren , Mrs. Lowey , Mrs. Carolyn B. Maloney of New York , Ms. McCollum , Mr. Moran , Mr. Nadler , Ms. Pingree of Maine , Ms. Schakowsky , Ms. Slaughter , Ms. Speier , and Ms. Tsongas ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To ban the use of bisphenol A in food containers, and for other purposes. 1. Short title This Act may be cited as the Ban Poisonous Additives Act of 2013 . 2. Ban on use of bisphenol A in food and beverage containers (a) Treatment of bisphenol A as adulterating the food or beverage (1) In general For purposes of applying section 402(a)(6) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 342(a)(6) ), a food container (which for purposes of this Act includes a beverage container) that is composed, in whole or in part, of bisphenol A, or that can release bisphenol A into food (as defined for purposes of the Federal Food, Drug, and Cosmetic Act), shall be treated as a container described in such section (relating to containers composed, in whole or in part, of a poisonous or deleterious substance which may render the contents injurious to health). (2) Applicability (A) Reusable food containers Paragraph (1) shall apply to reusable food containers on the date that is 180 days after the date of enactment of this Act. (B) Other food containers Paragraph (1) shall apply to any food container that is packed with food and is introduced or delivered for introduction into interstate commerce on or after the date that is 180 days after the date of enactment of this Act. (b) Waiver (1) In general The Secretary, after public notice and opportunity for comment, may grant to any facility (as that term is defined in section 415 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350d)) that manufactures, processes, packs, holds, or sells the particular food product or products, a waiver of the treatment described in subsection (a) . (2) Applicability A waiver granted to a facility under paragraph (1) may only be applicable to a certain type of food container or containers, as used for a particular food product or group of similar products containing similar foods. (3) Requirement for waiver The Secretary may only grant a waiver under paragraph (1) to a facility, if such facility— (A) demonstrates that it is not technologically feasible to— (i) replace bisphenol A in the certain type of container or containers for such particular food product or products; or (ii) use an alternative container that does not contain bisphenol A for such particular food product or products; and (B) submits to the Secretary a plan and timeline for removing bisphenol A from such type of container or containers for that food product or products. (4) Labeling (A) In general Any product for which the Secretary grants such a waiver shall display a prominent warning on the label that the container contains bisphenol A, in a manner that the Secretary shall require. (B) Additional requirement The prominent warning required under subparagraph (A) shall include information to ensure adequate public awareness of potential health effects associated with bisphenol A. (5) Duration (A) Initial waiver Any waiver granted under paragraph (1) to a facility for a food container or containers shall be valid for not longer than 1 year after the date on which subsection (a) is applicable to such food container or containers. (B) Renewal of waiver The Secretary may renew any waiver granted under paragraph (1) for periods of not more than 1 year, provided that the Secretary reaffirms that it is not technologically feasible to replace bisphenol A in such type of container or containers for such particular food product or products or use an alternative container that does not contain bisphenol A for such particular food product or products. (c) Reexamination of approved food additives, effective food contact substance notifications, and substances that are generally recognized as safe (1) Plan and schedule Not later than 1 year after enactment of this Act, after opportunity for comment, the Secretary, acting through the Commissioner of Food and Drugs shall publish a plan and schedule for the selection of substances under paragraph (2) and the review of substances under paragraph (5) . (2) Selection of substances Not later than 1 year after enactment of this Act and not less than once every 3 years thereafter, the Secretary, acting through the Commissioner of Food and Drugs, shall, based on the factors under paragraph (4) , select substances to review under paragraph (5) . Such selection shall be made from among— (A) substances authorized as a food additive under any regulations issued under section 409 of the Federal Food, Drug, and Cosmetic Act; (B) substances that are the subject of any sanction or approval as described in section 201(s)(4) of the Federal Food, Drug, and Cosmetic Act; (C) substances that are the subject of an effective food contact substance notification, as described in section 409(h) of the Federal Food, Drug, and Cosmetic Act; (D) substances that are generally recognized as safe, as listed in part 182 of title 21, Code of Federal Regulations (or any successor regulations); (E) direct food substances affirmed as generally recognized as safe, as listed in part 184 of title 21, Code of Federal Regulations (or any successor regulations); and (F) indirect food substances affirmed as generally recognized as safe, as listed in part 186 of title 21, Code of Federal Regulations (or any successor regulations). (3) Notice and comment The selection of substances under paragraph (2) shall be subject to notice and comment. (4) Priorities In selecting substances under paragraph (2) , the Secretary shall take into consideration the following factors: (A) Whether, based on new scientific information, the Secretary determines that there is a possibility that there is no longer a reasonable certainty that no harm will result from aggregate exposure to such substance through food containers composed, in whole or in part, of such substance, taking into consideration— (i) potential adverse effects from low dose exposure; and (ii) the effects of exposure on vulnerable populations, including pregnant women, infants, children, the elderly, and populations with high exposure to such substance. (B) Whether, since the introduction of such substance into interstate commerce, there has been a significant increase in the amount of such substance found in— (i) sources of drinking water; or (ii) products that are likely to be used by vulnerable populations, including pregnant women, infants, children, the elderly, and populations with high exposure to such substance. (5) Review of substances and Secretarial determination (A) In general No later than 1 year after the date on which a substance is selected under paragraph (2) , the Secretary shall determine whether there is a reasonable certainty that no harm will result from aggregate exposure to such substance, taking into consideration— (i) potential adverse effects from low dose exposure; and (ii) the effects of exposure on vulnerable populations, including pregnant women, infants, children, the elderly, and populations with high exposure to such substance. (B) Notice and comment The determination made under subparagraph (A) shall be subject to notice and comment. (6) Remedial action (A) In general Upon a determination under paragraph (5) that there is not a reasonable certainty that no harm will result from aggregate exposure to a substance through food containers composed, in whole or in part, of such substance— (i) if the substance is not defined as a food contact substance under the Federal Food, Drug, and Cosmetic Act, the substance shall be subject to sections 409(a)(3) and 409(h) of the Federal Food, Drug, and Cosmetic Act, subject to the process under subparagraph (B) ; and (ii) if the substance is defined as a food contact substance under the Federal Food, Drug, and Cosmetic Act, the substance shall be subject to subparagraph (C). (B) Treatment of substances that are not defined as food contact substances The process under this subparagraph is as follows: (i) One year after the determination under paragraph (5) for a substance subject to the process under this subparagraph— (I) any regulation issued under section 409 of the Federal Food, Drug, and Cosmetic Act that authorizes any use of the substance as a food additive (including sections 177.1580, 177.1440, 177.2280, and 175.300(b)(3)(viii) of title 21, Code of Federal Regulations, as in effect on the date of enactment of this Act); and (II) any sanction or approval as described in section 201(s)(4) of such Act regarding such substance, shall be deemed revoked. (ii) Upon receipt of a food contact notification for a food contact substance containing a substance subject to the process under this subparagraph, the Secretary shall review the notification under the authority described in sections 409(a)(3) and 409(h) of the Federal Food, Drug, and Cosmetic Act. (C) Treatment of substances defined as food contact substances (i) One year after the determination under paragraph (5) for a substance that is subject to this subparagraph, all effective notifications for the use of such substance under the authority described in sections 409(a)(3) and 409(h) of the Federal Food, Drug, and Cosmetic Act shall be reviewed by the Secretary. (ii) Upon receipt of a food contact notification for a food contact substance containing a substance that is subject to this subparagraph, the Secretary shall review the notification under the authority described in sections 409(a)(3) and 409(h) of the Federal Food, Drug, and Cosmetic Act. (d) Savings provision Nothing in this Act shall affect the right of a State, political subdivision of a State, or Indian tribe to adopt or enforce any regulation, requirement, liability, or standard of performance that is more stringent than a regulation, requirement, liability, or standard of performance under this Act or that— (1) applies to a product category not described in this Act; or (2) requires the provision of a warning of risk, illness, or injury associated with the use of food containers composed, in whole or in part, of bisphenol A. (e) Definitions For purposes of this section: (1) Reusable food container The term reusable food container means a reusable food container that does not contain a food item when it is introduced or delivered for introduction into interstate commerce. (2) Secretary The term Secretary means the Secretary of Health and Human Services. 3. Amendments to section 409 of the Federal Food, Drug, and Cosmetic Act Subsection (h) of section 409 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 348(h)(1) ) is amended— (1) in paragraph (1)— (A) by striking manufacturer or supplier for a food contact substance may and inserting manufacturer or supplier for a food contact substance shall ; (B) by inserting (A) after notify the Secretary of ; (C) by striking , and of and inserting ; (B) ; and (D) by striking the period after subsection (c)(3)(A) and inserting ; (C) the determination of the manufacturer or supplier that no adverse health effects result from low-dose exposures to the food contact substance; and (D) the determination of the manufacturer or supplier that the substance has not been shown, after tests which are appropriate for the evaluation of the safety of food contact substances, to cause reproductive or developmental toxicity in humans or animals. ; and (2) by striking paragraph (6) and inserting the following: (6) In this section— (A) the term food contact substance means any substance intended for use as a component of materials used in manufacturing, packing, packaging, transporting, or holding food if such use is not intended to have any technical effect in such food; and (B) the term reproductive or developmental toxicity means biologically adverse effects on the reproductive systems of female or male humans or animals, including alterations to the female or male reproductive system development, the related endocrine system, fertility, pregnancy, pregnancy outcomes, or modifications in other functions that are dependent on the integrity of the reproductive system. . 4. Report to Congress No later than two years after enactment of this Act and at least once during every two year period thereafter, the Secretary shall submit a report to the Committee on Energy and Commerce of the House of Representatives. Such report shall include— (1) a list of waivers granted under section 2(b)(1), including a description of the basis each such waiver; (2) a list of substances selected for review under section 2(c)(2) and the anticipated timeline for future selections of additional substances; (3) for each substance reviewed under section 2(c)(5), the outcome of such review, and the anticipated timeline for review of additional substances; (4) a description of all remedial action taken under section 2(c)(6); and (5) for bisphenol A and any other substance determined not to have a reasonable certainty of no harm under section 2(c)(5), a review of the potential alternatives to that substance that are available or being developed for use in food and beverage containers.

https://www.govinfo.gov/content/pkg/BILLS-113hr2248ih/xml/BILLS-113hr2248ih.xml

113-hr-2249

I 113th CONGRESS 1st Session H. R. 2249 IN THE HOUSE OF REPRESENTATIVES June 4, 2013 Mr. Moran (for himself, Mr. Foster , Mr. Rangel , Mr. Connolly , Mr. Ryan of Ohio , and Mr. Polis ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to provide for the payment of monthly annuities under the Survivor Benefit Plan to a supplemental or special needs trust established for the sole benefit of a disabled dependent child of a participant in the Survivor Benefit Plan. 1. Short title This Act may be cited as the Disabled Military Child Protection Act of 2013 . 2. Survivor Benefit Plan annuities for special needs trusts established for the benefit of dependent children incapable of self-support (a) Special needs trust as eligible beneficiary (1) In general Subsection (a) of section 1450 of title 10, United States Code, is amended— (A) by redesignating paragraph (4) as paragraph (5); and (B) by inserting after paragraph (3) the following new paragraph (4): (4) Special needs trusts for sole benefit of certain dependent children Notwithstanding subsection (i), a supplemental or special needs trust described in subparagraph (A) or (C) of section 1917(d)(4) of the Social Security Act ( 42 U.S.C. 1396p(d)(4) ) that is established for the sole benefit of a dependent child considered disabled under section 1614(a)(3) of that Act ( 42 U.S.C. 1382c(a)(3) ) who is incapable of self-support because of mental or physical incapacity. . (2) Conforming amendment Subsection (i) of such section is amended by inserting (a)(4) or after subsection . (b) Regulations Section 1455(d) of such title is amended— (1) in the subsection heading, by striking and fiduciaries and inserting , fiduciaries, and special needs trusts ; (2) in paragraph (1)— (A) in subparagraph (A), by striking and at the end; (B) in subparagraph (B), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new subparagraph: (C) a dependent child incapable of self-support because of mental or physical incapacity for whom a supplemental or special needs trust, as described in subparagraph (A) or (C) of section 1917(d)(4) of the Social Security Act ( 42 U.S.C. 1396p(d)(4) ), has been established. ; (3) in paragraph (2)— (A) by redesignating subparagraphs (C) through (H) as subparagraphs (D) through (I), respectively; (B) by inserting after subparagraph (B) the following new subparagraph (C): (C) In the case of an annuitant referred to in paragraph (1)(C), payment of the annuity to the supplemental or special needs trust established for the annuitant. ; (C) in subparagraph (D), as redesignated, by striking subparagraphs (D) and (E) and inserting subparagraphs (E) and (F) ; and (D) in subparagraph (H), as so redesignated— (i) by inserting or (1)(C) after paragraph (1)(B) in the matter preceding clause (i); (ii) in clause (i), by striking and at the end; (iii) in clause (ii), by striking the period at the end and inserting ; and ; and (iv) by adding at the end the following new clause: (iii) procedures for determining when annuity payments to a supplemental or special needs trust shall end based on the death or marriage of the dependent child for which the trust was established. ; and (4) in paragraph (3), by striking to guardian or fiduciary in the paragraph heading.

https://www.govinfo.gov/content/pkg/BILLS-113hr2249ih/xml/BILLS-113hr2249ih.xml

113-hr-2250

I 113th CONGRESS 1st Session H. R. 2250 IN THE HOUSE OF REPRESENTATIVES June 4, 2013 Mr. Owens (for himself, Mr. Renacci , and Mrs. Bustos ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committee on Rules , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require the head of each executive agency to submit a report on the implementation of Government Accountability Office reports on reducing duplication, achieving savings, and enhancing revenue within the Federal Government. 1. Short title This Act may be cited as the Spending Reduction Act . 2. Requirement for agency reports on reducing duplication, achieving savings, and enhancing revenue (a) Report requirement Not later than 90 days after the date of the enactment of this Act, the head of each executive agency shall submit to the President and Congress a report on the implementation of recommendations made by the following reports of the Government Accountability Office: (1) The March 2011 Government Accountability Office report to Congress titled Opportunities to Reduce Potential Duplication in Government Programs, Save Tax Dollars, and Enhance Revenue (GAO–11–318SP). (2) The February 2012 Government Accountability Office report to Congress titled Opportunities to Reduce Duplication, Overlap and Fragmentation, Achieve Savings, and Enhance Revenue (GAO–12–342SP). (3) The April 2013 Government Accountability Office report to Congress titled Actions Needed to Reduce Fragmentation, Overlap, and Duplication and Achieve Other Financial Benefits (GAO–13–279SP). (b) Matters covered in reports Each report required by subsection (a) shall include the following: (1) A discussion by the head of the executive agency of matters on which the agency agrees, disagrees, or partially agrees with the Government Accountability Office, and recommendations by the head of the agency for actions that should be taken in the agency as a result of the reports described in subsection (a). (2) An opinion by the Comptroller General of the United States on whether each such recommendation by the head of the executive agency under paragraph (1) is consistent with the intent of the Government Accountability Office reports described in subsection (a). (3) A proposal for legislative changes, if any, necessary to implement the recommendations by the head of the executive agency under paragraph (1). (4) A statement of the annual impact on costs to the Federal Government, including cost savings, expected to occur as a result of the implementation of such recommendations. (5) Such other information as the head of the executive agency determines appropriate. 3. Implementation (a) Implementation Not later than 150 days after the date of the enactment of this Act, the head of each executive agency shall begin to implement the recommendations submitted in the report by the head of that agency under section 2, in order to eliminate, consolidate, streamline, or better coordinate Government programs and agencies with duplicative, overlapping, or fragmented missions identified in the Government Accountability Office reports described in section 2(a). (b) Congressional disapproval (1) The head of an executive agency may not carry out any recommendations contained in the report submitted to Congress under section 2 by the head of the agency if a joint resolution is enacted, in accordance with the provisions of section 4, disapproving such recommendations before the earlier of— (A) the end of the 45-day period beginning on the date on which the head of the executive agency submits such report; or (B) the adjournment of Congress sine die for the session during which such report is submitted. (2) For purposes of paragraph (1) of this subsection and subsections (a) and (b) of section 4, the days on which either House of Congress is not in session because of an adjournment of more than three days to a day certain shall be excluded in the computation of a period. 4. Congressional consideration of executive agency report (a) Terms of the resolution For purposes of section 3(b), the term joint resolution means only a joint resolution which is introduced within the 10-day period beginning on the date on which the head of an executive agency submits the report relating to that executive agency to Congress under section 2, and— (1) which does not have a preamble; (2) the matter after the resolving clause of which is as follows: That Congress disapproves the recommendations as submitted by _____ on _____ , the first blank space being filled in with the title of the head of the executive agency submitting the report, and the second blank space being filled in with the appropriate date; and (3) the title of which is as follows: Joint resolution disapproving the recommendations of the ______. , the blank space being filled in with the title of the head of the executive agency submitting the report. (b) Referral A resolution described in subsection (a) that is introduced in the House of Representatives shall be referred to the committee with jurisdiction over the executive agency concerned. A resolution described in subsection (a) introduced in the Senate shall be referred to the committee with jurisdiction over the executive agency concerned. (c) Discharge If the committee to which a resolution described in subsection (a) is referred has not reported such a resolution (or an identical resolution) by the end of the 20-day period beginning on the date on which the head of the executive agency concerned submits the report to the Congress under section 2, such committee shall be, at the end of such period, discharged from further consideration of such resolution, and such resolution shall be placed on the appropriate calendar of the House involved. (d) Consideration (1) On or after the third day after the date on which the committee to which such a resolution is referred has reported, or has been discharged (under subsection (c)) from further consideration of, such a resolution, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution. A Member may make the motion only on the day after the calendar day on which the Member announces to the House concerned the Member’s intention to make the motion, except that, in the case of the House of Representatives, the motion may be made without such prior announcement if the motion is made by direction of the committee to which the resolution was referred. All points of order against the resolution (and against consideration of the resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the respective House shall immediately proceed to consideration of the joint resolution without intervening motion, order, or other business, and the resolution shall remain the unfinished business of the respective House until disposed of. (2) Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the resolution. An amendment to the resolution is not in order. A motion further to limit debate is in order and not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order. (3) Immediately following the conclusion of the debate on a resolution described in subsection (a) and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur. (4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution described in subsection (a) shall be decided without debate. (e) Consideration by other house (1) If, before the passage by one House of a resolution of that House described in subsection (a), that House receives from the other House a resolution described in subsection (a), then the following procedures shall apply: (A) The resolution of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in subparagraph (B)(ii). (B) With respect to a resolution described in subsection (a) of the House receiving the resolution— (i) the procedure in that House shall be the same as if no resolution had been received from the other House; but (ii) the vote on final passage shall be on the resolution of the other House. (2) Upon disposition of the resolution received from the other House, it shall no longer be in order to consider the resolution that originated in the receiving House. (f) Rules of the senate and house This section is enacted by Congress— (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a resolution described in subsection (a), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. 5. Definition In this Act, the term executive agency has the meaning provided in section 133 of title 41, United States Code.

https://www.govinfo.gov/content/pkg/BILLS-113hr2250ih/xml/BILLS-113hr2250ih.xml

113-hr-2251

I 113th CONGRESS 1st Session H. R. 2251 IN THE HOUSE OF REPRESENTATIVES June 4, 2013 Mr. Peterson (for himself, Mr. Walz , Mr. Kline , Mr. Paulsen , Ms. McCollum , Mr. Ellison , Mrs. Bachmann , and Mr. Nolan ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To designate the United States courthouse located at 118 South Mill Street, in Fergus Falls, Minnesota, as the Edward J. Devitt United States Courthouse . 1. Designation The United States courthouse located at 118 South Mill Street, in Fergus Falls, Minnesota, shall be known and designated as the Edward J. Devitt United States Courthouse . 2. References Any reference in a law, map, regulation, document, paper, or other record of the United States to the United States courthouse referred to in section 1 shall be deemed to be a reference to the Edward J. Devitt United States Courthouse .

https://www.govinfo.gov/content/pkg/BILLS-113hr2251ih/xml/BILLS-113hr2251ih.xml

113-hr-2252

I 113th CONGRESS 1st Session H. R. 2252 IN THE HOUSE OF REPRESENTATIVES June 4, 2013 Mr. Polis (for himself, Mr. Petri , Mr. Hinojosa , Mr. Paulsen , Mr. Guthrie , Mrs. Davis of California , Mr. Delaney , and Mr. Schock ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the charter school program under the Elementary and Secondary Education Act of 1965. 1. Short title This Act may be cited as the All Students Achieving through Reform Act of 2013 or the All-STAR Act of 2013 . 2. References Except as otherwise specifically provided, whenever in this Act a section or other provision is amended or repealed, such amendment or repeal shall be considered to be made to that section or other provision of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.). 3. Purpose Section 5201 ( 20 U.S.C. 7221 ) is amended to read as follows: 5201. Purpose It is the purpose of this subpart to— (1) improve the United States education system and educational opportunities for all Americans by supporting innovation in public education in public school settings that prepare students to compete and contribute to the global economy; (2) provide financial assistance for the planning, program design, and initial implementation of charter schools; (3) expand the number of high-quality charter schools available to students across the Nation; (4) evaluate the impact of such schools on student achievement, families, and communities, and share best practices between charter schools and other public schools; (5) encourage States to provide support to charter schools for facilities financing in an amount more nearly commensurate to the amount the States have typically provided for traditional public schools; (6) improve student services to increase opportunities for students with disabilities, limited English proficient students, and other traditionally underserved students to attend charter schools and meet challenging State academic achievement standards; and (7) support efforts to strengthen the charter school authorizing process to improve performance management, including transparency, monitoring, and evaluation of such schools. . 4. Program authorized Section 5202 (20 U.S.C. 7221a) is amended to read as follows: 5202. Program authorized (a) In general This subpart authorizes the Secretary to carry out a charter school program that supports charter schools that serve elementary school and secondary school students by— (1) supporting the startup, replication, and expansion of charter schools; (2) assisting charter schools in accessing credit to acquire and renovate facilities for school use; and (3) carrying out national and local activities to support— (A) the development of high-quality charter schools; (B) the dissemination of best practices of charter schools for all schools; and (C) the evaluation of the impact of the program on schools participating in the program. (b) Funding Allotment From the amount made available under section 5211 for a fiscal year, the Secretary shall— (1) reserve 12.5 percent to support charter school facilities assistance under section 5204; (2) reserve not more than 2.5 percent to carry out the technical assistance and best practices under section 5205(a) and the evaluation under section 5205(b), of which 1 percent shall be used to carry out such evaluation; (3) reserve not more than 20 percent to award grants for local activities under section 5205(c); and (4) use the remaining amount after the Secretary reserves funds under paragraphs (1) through (4) to carry out section 5203. (c) Prior grants and subgrants The recipient of a grant or subgrant under this subpart or subpart 2, as such subpart was in effect on the day before the date of enactment of the All Students Achieving through Reform Act of 2013, shall continue to receive funds in accordance with the terms and conditions of such grant or subgrant. . 5. Grants to support high-quality charter schools Section 5203 ( 20 U.S.C. 7221b ) is amended to read as follows: 5203. Grants to support high-quality charter schools (a) Grants to covered entities (1) In general Subject to paragraph (2), from the amount reserved under 5202(b)(5), the Secretary shall award grants to covered entities having applications approved pursuant to subsection (f) to enable such entities to— (A) award subgrants to eligible applicants for— (i) opening new charter schools; (ii) replicating high-quality charter school models; or (iii) expanding high-quality charter schools; and (B) provide technical assistance to eligible applicants and authorized public chartering agencies in carrying out the activities described in paragraph (1) and work with authorized public chartering agencies in the State to improve authorizing quality. (2) Special rule In the case in which a covered entity that is a State educational agency elects not to receive a grant under this section or does not have an application approved under subsection (f), the Secretary may award a grant to an eligible applicant that— (A) serves such State; (B) submits an application to the Secretary that would be approved pursuant to section 5205(c) if such eligible applicant were to apply for a grant under such section; and (C) has not received a grant under such section 5205(c). (b) Uses of funds for covered entities (1) In general A covered entity receiving a grant under this section shall— (A) use 90 percent of the grant funds to award subgrants to eligible applicants, in accordance with the quality charter school program described in the covered entity’s application approved pursuant to subsection (f), for the purposes described in clauses (i) through (iii) of subsection (a)(1)(A); and (B) reserve 10 percent of such funds to carry out the activities described in subsection (a)(1)(B), of which not more than 30 percent may be used for administrative costs which may include technical assistance. (2) Contracts and grants A covered entity may use a grant received under this section to carry out the activities described in subparagraphs (A) and (B) of paragraph (1) directly or through grants, contracts, or cooperative agreements. (c) Program periods; peer review; grant number and amount; diversity of projects; waivers (1) Program periods (A) Grants A grant awarded by the Secretary to a covered entity under this section shall be for a period of not more than 3 years, except that the covered entity may, at the discretion of the Secretary, continue to expend grant funds after the end of such 3-year period to award subgrants in accordance with subsection (b)(1)(A) . (B) Subgrants A subgrant awarded by a covered entity to an eligible applicant under this section shall be for a period of not more than 3 years. (2) Peer Review The Secretary, and each covered entity receiving a grant under this section, shall use a peer review process to review applications for assistance under this section. (3) Grant number and amount The Secretary shall ensure that the number of grants awarded under this section and the award amounts will allow for a sufficient number of new grants to be awarded under this section for each succeeding fiscal year. (4) Diversity of Projects Each covered entity receiving a grant under this section shall award subgrants under this section in a manner that, to the extent possible, ensures that such subgrants— (A) are distributed throughout different areas, including urban, suburban, and rural areas; and (B) will assist charter schools representing a variety of educational approaches. (5) Waivers The Secretary may waive any statutory or regulatory requirement over which the Secretary exercises administrative authority except any such requirement relating to the elements of a charter school described in section 5210(1) or to an applicable civil rights requirement, if— (A) the waiver is requested in an approved application under this section; and (B) the Secretary determines that granting such a waiver will promote the purpose of this subpart. (d) Limitations (1) Grants A covered entity may not receive more than 1 grant under this section, unless the entity— (A) for each charter school supported under the first grant received under this section, provides aggregate data demonstrating that the students enrolled in the charter school have experienced demonstrated improvement in academic achievement; and (B) demonstrates that the funds provided under the additional grant will be awarded to replicate high-quality charter school models or expand high-quality charter schools. (2) Subgrants A charter school may not receive funds from more than 1 subgrant awarded to an eligible applicant under this section. (e) Applications A covered entity desiring to receive a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. The application shall include the following: (1) Description of Program A description of the covered entity’s objectives in carrying out a quality charter school program under this section and how the objectives of the program will be carried out, including a description— (A) of how the entity— (i) will support both new charter school startup and the expansion and replication of high-quality charter school models; (ii) will inform eligible charter schools, developers, and authorized public chartering agencies of the availability of funds under the program; (iii) will work with eligible applicants to ensure that the applicants access all Federal funds that they are eligible to receive, and help the charter schools supported by the applicants and the students attending the charter schools— (I) participate in the Federal programs in which the schools and students are eligible to participate; and (II) receive the commensurate share of Federal funds the schools and students are eligible to receive under such programs; (iv) in the case in which the entity is not a State educational agency— (I) will work with the State educational agency and the charter schools in the State to maximize charter school participation in Federal and State programs for charter schools; and (II) will work with the State educational agency to adequately operate the entity’s program under this section, where applicable; (v) will ensure eligible applicants that receive a subgrant under the entity’s program are prepared to continue to operate the charter schools receiving the subgrant funds once the funds have expired; (vi) will support charter schools participating in the entity’s program and that are in local educational agencies with large numbers of schools that must comply with the requirements of section 1116(b); (vii) will work with charter schools participating in the entity’s program to promote inclusion of all students and support all students once they are enrolled to promote retention; (viii) will work with such charter schools on recruitment practices, including efforts to engage groups that may otherwise have limited opportunities to participate in charter schools; (ix) will share best and promising practices between charter schools and other public schools, including, where appropriate, instruction and professional development in science, math, technology, and engineering education; (x) will ensure the charter schools they support can meet the educational needs of their students, including students with disabilities and limited English proficient students; and (xi) will support efforts to increase quality initiatives, including meeting the quality authorizing elements described in paragraph (2)(E); (B) of the extent to which the entity— (i) is able to meet and carry out the priorities listed in subsection (f)(2); and (ii) is working to develop or strengthen a cohesive statewide system to support the opening of new charter schools, replication of high-quality charter school models, and the expansion of high-quality charter schools; (C) of how the entity will carry out the subgrant competition, including— (i) a description of the application each eligible applicant desiring to receive a subgrant will submit, including— (I) a description of the roles and responsibilities of eligible applicants, partner organizations, and management organizations, including the administrative and contractual roles and responsibilities; (II) a description of the quality controls agreed to between the eligible applicant and the authorized public chartering agency involved, such as a contract or performance agreement, and how a school’s performance on the State’s accountability system established under section 1111(b)(2)(A) will be a primary factor for renewal; and (III) a description of how the eligible applicant will solicit and consider input from parents and other members of the community on the planning, implementation, and operation of each charter school receiving funds under the entity’s program; and (ii) a description of how the entity will review applications; (D) in the case of an entity that partners with an outside organization to carry out the entity’s quality charter school program, in whole or in part, of the roles and responsibilities of this partner; (E) of how the entity will support charter schools in providing for the transportation needs of their students; and (F) of how the entity will support diverse charter school models, including models that serve rural communities. (2) Assurances Assurances, including a description of how the assurances will be met, that— (A) each charter school receiving funds under the entity’s program will have a high degree of autonomy over budget and operations; (B) the entity will support charter schools in meeting the educational needs of their students as described in paragraph (1)(A)(x); (C) the entity will ensure that the authorized public chartering agency of any charter school that receives funds under the entity’s program— (i) ensures that each charter school is meeting the obligations under this Act, part B of the Individuals with Disabilities Education Act, title VI of the Civil Rights Act of 1964, section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, section 444 of the General Education Provisions Act (commonly known as the Family Educational Rights and Privacy Act of 1974 ), and title IX of the Education Amendments of 1972; (ii) adequately monitors and hold accountable each charter school with respect to recruiting, enrolling, and meeting the needs of all students, including students with disabilities and limited English proficient students; (iii) ensures that each charter school provides substantive outreach to students from low-income families in its plans to open new charter schools, replicate high-quality charter school models, or expand existing high-quality charter schools; and (iv) ensures that each charter school solicits and considers input from parents and other members of the community on the implementation and operation of the school; (D) the entity will provide adequate technical assistance to eligible applicants to— (i) meet the objectives described in clauses (vii) and (viii) of paragraph (1)(A) and paragraph (2)(B); and (ii) enroll traditionally underserved students, including students with disabilities and limited English proficient students, to promote an inclusive education environment; (E) the entity will promote quality authorizing, such as through providing technical assistance, to support all authorized public chartering agencies in the State to improve the monitoring of their charter schools, including by— (i) assessing annual performance data of the schools, including, as appropriate, graduation rates and student growth; and (ii) reviewing the schools’ independent, annual audits of financial statements conducted in accordance with generally accepted accounting principles, and ensuring any such audits are publicly reported; (F) the entity will work to ensure that charter schools are included with the traditional public local educational agencies in decision-making about the public school system in the State; and (G) the entity will ensure that each charter school in the State make publicly available, consistent with the dissemination requirements of the annual State report card, the information parents need to make informed decisions about the educational options available to their children, including information on the educational program, student support services, and annual performance and enrollment data for the groups of students described in section 1111(b)(2)(C)(v)(II). (3) Requests for waivers A request and justification, meeting the requirements of subparagraphs (A) and (B) of section 5203(c)(5), for waivers of any Federal statutory or regulatory provisions that the entity believes are necessary for the successful operation of the charter schools that will receive funds under the entity’s program under this section, and a description of any State or local rules, generally applicable to public schools, that will be waived, or otherwise not apply to such schools. (f) Selection criteria; priority (1) Selection criteria The Secretary shall award grants under this section to covered entities on the basis of the quality of the applications submitted under subsection (e), after taking into consideration— (A) for covered entities described in paragraphs (1) and (3) of subsection (i)— (i) the degree of flexibility afforded by the State’s public charter school law and how the entity will work to maximize the flexibility provided to charter schools under the law; (ii) the ambitiousness of the entity’s objectives for the quality charter school program carried out under this section; (iii) the quality of the strategy for assessing achievement of those objectives; (iv) the likelihood that the eligible applicants receiving subgrants under the program will meet those objectives and improve educational results for students; (v) the proposed number of new charter schools to be opened, and the proposed number of high-quality charter schools to be replicated or expanded under the program; (vi) the entity’s plan to— (I) adequately monitor the eligible applicants receiving subgrants under the entity’s program; and (II) work with the authorized public chartering agencies involved to avoid duplication of work for the charter schools and authorized public chartering agencies; (vii) the entity’s plan to provide adequate technical assistance, as described in the entity’s application under subsection (e) , for the eligible applicants receiving subgrants under the entity’s program under this section; (viii) the entity’s plan to support quality authorizing efforts in the State, consistent with the objectives described in clause (ii) ; and (ix) the entity’s plan to solicit and consider input from parents and other members of the community on the implementation and operation of the charter schools in the State; (B) for covered entities described in paragraphs (2) and (4) of subsection (i)— (i) the ambitiousness of the entity’s objectives for the quality charter school program carried out under this section; (ii) the quality of the strategy for assessing achievement of those objectives; (iii) the likelihood that the eligible applicants receiving subgrants under the entity’s program will meet those objectives and improve educational results for students; (iv) the proposed number of new charter schools to be opened, and the proposed number of high-quality charter schools to be replicated or expanded under the program; (v) the entity’s plan to adequately monitor the eligible applicants receiving subgrants under the entity’s program; (vi) the entity’s plan to provide adequate technical assistance, as described in the entity’s application under subsection (e), for the eligible applicants receiving subgrants under the entity’s program under this section; (vii) the extent to which the entity has policies and procedures to ensure that charter schools in the area served by the entity— (I) have equitable access to facilities available to other public schools in such area; or (II) are not denied access to available public school facilities in such area; and (viii) the extent to which the entity demonstrates support for public school choice and provides parents with information regarding charter school alternatives; and (C) for covered entities described in subsection (i)(2), in addition to taking into consideration the items described in clauses (i) through (viii) of subparagraph (B), the entity’s record of success in authorizing and supporting high-quality charter schools. (2) Priority In awarding grants under this section, the Secretary shall give priority to covered entities to the extent that such entities meet the following criteria: (A) States For covered entities described in paragraphs (1) and (3) of subsection (i): (i) The entity is located in a State that has a quality authorized public chartering agency that is an entity other than a local educational agency. (ii) The entity is located in a State that does not impose any limitation on the number or percentage of charter schools that may exist or the number or percentage of students that may attend charter schools in the State. (iii) The entity is located in a State that ensures equitable financing, as compared to traditional public schools, for charter schools and students in a prompt manner. (iv) The entity is located in a State that uses charter schools and best practices from charter schools to help improve struggling schools and local educational agencies. (v) The entity partners with an organization that has a demonstrated record of success in developing management organizations to support the development of charter schools in the State. (vi) The entity demonstrates quality policies and practices to support and monitor charter schools through factors including— (I) the proportion of high-quality charter schools in the State; and (II) the proportion of charter schools enrolling, at a rate similar to traditional public schools, traditionally underserved students, including students with disabilities and limited English proficient students. (vii) The entity supports charter schools that support at-risk students through activities such as dropout prevention or dropout recovery. (viii) The entity authorizes all charter schools in the State to serve as school food authorities. (ix) The entity is located in a State that authorizes any charter school to be a local educational agency in accordance with State law. (x) The entity is located in a State that allows appeals of decisions of authorized public chartering agencies. (xi) The entity is located in a State that funds local educational agencies based on an average daily enrollment or attendance count or based on more than one annual enrollment count. (xii) The entity is located in a State with a law or policy such that per pupil revenues are shared between local educational agencies to reflect split student enrollment in 2 or more part-time educational programs operated or authorized by different local educational agencies. (xiii) The entity has taken steps to ensure that all authorized public chartering agencies implement practices that comply with nationally recognized best practices for quality charter school authorizing. (xiv) The entity has policies and procedures to ensure that charter schools identified as failing under the accountability system established under section 1111(b)(2)(A) of the State in which the entity is located are closed, do not have their charters renewed, or are not otherwise allowed to continue operating, except in special circumstances determined by the State for charter schools— (I) designated through a State system as alternative education programs with an explicit mission to serve students who have failed in traditional systems or large proportions of extremely at-risk students, such as students with moderate to profound disabilities or incarcerated youth; and (II) that are required to comply with the accountability system established under section 1111(b)(2)(A) of the State. (B) Local educational agencies and authorized public chartering agencies For covered entities described in paragraphs (2) and (4) of subsection (i): (i) The entity does not impose, to the extent allowable under State law, any limitation on the number or percentage of charter schools that may exist or the number or percentage of students that may attend charter schools. (ii) The entity provides, to the extent allowed under State law, equitable financing, as compared to traditional public schools, for charter schools and students who attend such schools in a prompt manner. (iii) The entity demonstrates quality policies and practices to support and monitor charter schools through factors, including the proportion of charter schools enrolling, at a rate similar to traditional public schools, traditionally underserved students, including students with disabilities and limited English proficient students. (iv) The entity supports charter schools that support at-risk students through activities such as dropout prevention or dropout recovery. (v) The entity authorizes all charter schools it authorizes to serve as school food authorities to the extent allowed under State law. (vi) The entity has taken steps to ensure that it complies with nationally recognized best practices for quality charter school authorizing. (vii) The entity ensures that charter schools identified as failing under the accountability system established under section 1111(b)(2)(A) of the State in which the entity is located are closed, do not have their charter renewed, or are otherwise allowed to continue operating, except in special circumstances determined by the State for charter schools— (I) designated through a State system as alternative education programs with an explicit mission to serve students who have failed in traditional systems or large proportions of extremely at-risk students, such as students with moderate to profound disabilities or incarcerated youth; and (II) that are required to comply with the accountability system established under section 1111(b)(2)(A) of the State. (viii) The entity has authorized not less than 3 high-quality charter schools. (g) Local uses of funds An eligible applicant receiving a subgrant under this section shall use such funds to open new charter schools, replicate high-quality charter school models, or expand existing high-quality charter schools, which may include— (1) securing a school building through lease or purchase and providing the necessary renovations to ensure a strong school opening or to meet the needs of increased student enrollment; (2) paying startup costs associated with hiring teachers to ensure strong school starts; (3) providing transportation to students to and from charter schools opened, replicated, or expanded under this subsection, but only in the case of an applicant that demonstrates the capability to continue providing such transportation after the expiration of the subgrant funds; (4) purchasing instructional materials, implementing teacher and principal professional development programs, and hiring additional other staff for such charter schools; and (5) supporting any other necessary startup and expansion activities with respect to such charter schools. (h) Reporting requirements Each covered entity receiving a grant under this section shall submit to the Secretary, at the end of each year of the 3-year grant period and at the end of such grant period, a report on— (1) the number of students served by each subgrant awarded under this section and, if applicable, how many new students were served during each year of the subgrant period; (2) the number of subgrants awarded under this section to carry out each of the following— (A) the opening of new charter schools; (B) the replication of high-quality charter school models; and (C) the expansion of high-quality charter schools; (3) the progress the entity made toward meeting the priorities described in subsection (f)(2), as applicable; (4) how the entity met the objectives of the quality charter school program described in the entity’s application under subsection (e); (5) how the entity complied with, and ensured that eligible applicants complied with, the assurances described in the entity’s application; and (6) how the entity worked with authorized public chartering agencies, including how the agencies worked with the management company or leadership of the schools that received subgrants under this section. (i) Covered entity defined For purposes of this section, the term covered entity means— (1) a State educational agency; (2) an authorized public chartering agency that is located in a State in which neither the State educational agency nor the Governor of the State has received a grant under this section; (3) a Governor of a State; or (4) a local educational agency that— (A) is not a charter school that is considered a local educational agency under State law; and (B) is located in a State in which neither the State educational agency nor the Governor of the State has received a grant under this section. . 6. Facilities financing assistance Section 5204 ( 20 U.S.C. 7221c ) is amended to read as follows: 5204. Facilities financing assistance (a) Grants to eligible entities (1) In general The Secretary shall use not less than 65 percent of the amount reserved under section 5202(b)(1) to award grants to eligible entities that have the highest-quality applications approved under subsection (d), after considering the diversity of such applications, to demonstrate innovative methods of assisting charter schools to address the cost of acquiring, constructing, and renovating facilities by enhancing the availability of loan or bond financing. (2) Eligible entity defined For purposes of this section, the term eligible entity means— (A) a public entity, such as a State or local governmental entity; (B) a private nonprofit entity; or (C) a consortium of entities described in subparagraphs (A) and (B). (b) Grantee Selection The Secretary shall evaluate each application submitted under subsection (d), and shall determine whether the application is sufficient to merit approval. (c) Grant Characteristics In awarding grants under subsection (a), the Secretary shall award multiple grants of sufficient size, scope, and quality so as to ensure an effective demonstration of an innovative means of enhancing credit for the financing of charter school acquisition, construction, or renovation. (d) Applications (1) In general To receive a grant under subsection (a), an eligible entity shall submit to the Secretary an application in such form as the Secretary may reasonably require. (2) Contents An application submitted under paragraph (1) shall contain— (A) a statement identifying the activities proposed to be undertaken with funds received under subsection (a), including how the eligible entity will determine which charter schools will receive assistance, and how much and what types of assistance charter schools will receive; (B) a description of the involvement of charter schools in the application’s development and the design of the proposed activities; (C) a description of the eligible entity’s expertise in capital market financing; (D) a description of how the proposed activities will leverage the maximum amount of private-sector financing capital relative to the amount of government funding used and otherwise enhance credit available to charter schools, including how the entity will offer a combination of rates and terms more favorable than the rates and terms that a charter school could receive without assistance from the entity under this section; (E) a description of how the eligible entity possesses sufficient expertise in education to evaluate the likelihood of success of a charter school program for which facilities financing is sought; (F) a description of how the eligible entity will encourage energy-efficient school building practices; (G) in the case of an application submitted by a State governmental entity, a description of the actions that the entity has taken, or will take, to ensure that charter schools within the State receive the funding the charter schools need to have adequate facilities; and (H) such other information as the Secretary may reasonably require. (e) Charter school objectives An eligible entity receiving a grant under this section shall use the funds deposited in the reserve account established under subsection (f) to assist one or more charter schools to access private sector capital to accomplish one or both of the following objectives: (1) The acquisition (by purchase, lease, donation, or otherwise) of an interest (including an interest held by a third party for the benefit of a charter school) in improved or unimproved real property that is necessary to commence or continue the operation of a charter school. (2) The construction of new facilities, including predevelopment costs, or the renovation, repair, or alteration of existing facilities, necessary to commence or continue the operation of a charter school. (f) Reserve account (1) Use of funds To assist charter schools to accomplish the objectives described in subsection (e), an eligible entity receiving a grant under subsection (a) shall, in accordance with State and local law, directly or indirectly, alone or in collaboration with others, deposit the funds received under subsection (a) (other than funds used for administrative costs in accordance with subsection (g) of this section) in a reserve account established and maintained by the eligible entity for this purpose. Amounts deposited in such account shall be used by the eligible entity for one or more of the following purposes: (A) Guaranteeing, insuring, and reinsuring bonds, notes, evidences of debt, loans, and interests therein, the proceeds of which are used for an objective described in subsection (e). (B) Guaranteeing and insuring leases of personal and real property for an objective described in subsection (e). (C) Facilitating financing by identifying potential lending sources, encouraging private lending, and other similar activities that directly promote lending to, or for the benefit of, charter schools. (D) Facilitating the issuance of bonds by charter schools, or by other public entities for the benefit of charter schools, by providing technical, administrative, and other appropriate assistance (including the recruitment of bond counsel, underwriters, and potential investors and the consolidation of multiple charter school projects within a single bond issue). (2) Investment Funds received under this section and deposited in the reserve account established under paragraph (1) shall be invested in obligations issued or guaranteed by the United States or a State, or in other similarly low-risk securities. (3) Reinvestment of Earnings Any earnings on funds received under subsection (a) shall be deposited in the reserve account established under paragraph (1) and used in accordance with such paragraph. (g) Limitation on administrative costs An eligible entity may use not more than 2.5 percent of the funds received under subsection (a) for the administrative costs of carrying out its responsibilities under this section (excluding subsection (k)). (h) Audits and reports (1) Financial Record Maintenance and Audit The financial records of each eligible entity receiving a grant under subsection (a) shall be maintained in accordance with generally accepted accounting principles and shall be subject to an annual audit by an independent public accountant. (2) Reports (A) Grantee annual reports Each eligible entity receiving a grant under subsection (a) annually shall submit to the Secretary a report of its operations and activities under this section. (B) Contents Each annual report submitted under subparagraph (A) shall include— (i) a copy of the most recent financial statements, and any accompanying opinion on such statements, prepared by the independent public accountant reviewing the financial records of the eligible entity; (ii) a copy of any report made on an audit of the financial records of the eligible entity that was conducted under paragraph (1) during the reporting period; (iii) an evaluation by the eligible entity of the effectiveness of its use of the Federal funds provided under subsection (a) in leveraging private funds; (iv) a listing and description of the charter schools served during the reporting period, including the amount of funds used by each school, the type of project facilitated by the grant, and the type of assistance provided to the charter schools; (v) a description of the activities carried out by the eligible entity to assist charter schools in meeting the objectives set forth in subsection (e); and (vi) a description of the characteristics of lenders and other financial institutions participating in the activities undertaken by the eligible entity under this section (excluding subsection (k)) during the reporting period. (C) Secretarial report The Secretary shall review the reports submitted under subparagraph (A) and shall provide a comprehensive annual report to Congress on the activities conducted under this section (excluding subsection (k)). (i) No full faith and credit for grantee obligation No financial obligation of an eligible entity entered into pursuant to this section (such as an obligation under a guarantee, bond, note, evidence of debt, or loan) shall be an obligation of, or guaranteed in any respect by, the United States. The full faith and credit of the United States is not pledged to the payment of funds which may be required to be paid under any obligation made by an eligible entity pursuant to any provision of this section. (j) Recovery of funds (1) In General The Secretary, in accordance with chapter 37 of title 31, United States Code, shall collect— (A) all of the funds in a reserve account established by an eligible entity under subsection (f)(1) if the Secretary determines, not earlier than 2 years after the date on which the eligible entity first received funds under this section (excluding subsection (k)), that the eligible entity has failed to make substantial progress in carrying out the purposes described in subsection (f)(1); or (B) all or a portion of the funds in a reserve account established by an eligible entity under subsection (f)(1) if the Secretary determines that the eligible entity has permanently ceased to use all or a portion of the funds in such account to accomplish any purpose described in subsection (f)(1). (2) Exercise of Authority The Secretary shall not exercise the authority provided in paragraph (1) to collect from any eligible entity any funds that are being properly used to achieve one or more of the purposes described in subsection (f)(1). (3) Procedures The provisions of sections 451, 452, and 458 of the General Education Provisions Act shall apply to the recovery of funds under paragraph (1). (4) Construction This subsection shall not be construed to impair or affect the authority of the Secretary to recover funds under part D of the General Education Provisions Act. (k) Per-Pupil facilities aid program (1) Definition of per-pupil facilities aid program In this subsection, the term per-pupil facilities aid program means a program in which a State makes payments, on a per-pupil basis, to charter schools to provide the schools with financing— (A) that is dedicated solely for funding charter school facilities; or (B) a portion of which is dedicated for funding charter school facilities. (2) Grants (A) In general From the amount reserved under section 5202(b)(1) remaining after the Secretary makes grants under subsection (a), the Secretary shall make grants, on a competitive basis, to States to pay for the Federal share of the cost of establishing or enhancing, and administering per-pupil facilities aid programs. (B) Period The Secretary shall award grants under this subsection for periods of not more than 5 years. (C) Federal share The Federal share of the cost described in subparagraph (A) for a per-pupil facilities aid program shall be not more than— (i) 90 percent of the cost, for the first fiscal year for which the program receives assistance under this subsection; (ii) 80 percent in the second such year; (iii) 60 percent in the third such year; (iv) 40 percent in the fourth such year; and (v) 20 percent in the fifth such year. (D) State share A State receiving a grant under this subsection may partner with 1 or more organizations to provide up to 50 percent of the State share of the cost of establishing or enhancing, and administering the per-pupil facilities aid program. (E) Multiple grants A State may receive more than 1 grant under this subsection, so long as the amount of such funds provided to charter schools increases with each successive grant. (3) Use of funds (A) In general A State that receives a grant under this subsection shall use the funds made available through the grant to establish or enhance, and administer, a per-pupil facilities aid program for charter schools in the State of the applicant. (B) Evaluations; technical assistance; dissemination From the amount made available to a State through a grant under this subsection for a fiscal year, the State may reserve not more than 5 percent to carry out evaluations, to provide technical assistance, and to disseminate information. (C) Supplement, not supplant Funds made available under this subsection shall be used to supplement, and not supplant, State, and local public funds expended to provide per pupil facilities aid programs, operations financing programs, or other programs, for charter schools. (4) Requirements (A) Voluntary participation No State may be required to participate in a program carried out under this subsection. (B) State law (i) In general Except as provided in clause (ii), to be eligible to receive a grant under this subsection, a State shall establish or enhance, and administer, a per-pupil facilities aid program for charter schools in the State, that— (I) is specified in State law; and (II) provides annual financing, on a per-pupil basis, for charter school facilities. (ii) Special Rule Notwithstanding clause (i), a State that is required under State law to provide its charter schools with access to adequate facility space, but which does not have a per-pupil facilities aid program for charter schools specified in State law, may be eligible to receive a grant under this subsection if the State agrees to use the funds to develop a per-pupil facilities aid program consistent with the requirements of this subsection. (5) Applications To be eligible to receive a grant under this subsection, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. . 7. National activities Section 5205 (20 U.S.C. 7221d) is amended to read as follows: 5205. National Activities and grants for local activities (a) Technical assistance and best practices From the amount reserved under section 5202(b)(2) for carrying out this subsection, the Secretary shall— (1) disseminate technical assistance to covered entities in awarding subgrants under section 5203, and eligible entities and States receiving grants under section 5204; and (2) disseminate best practices. (b) Evaluation From the amount reserved under section 5202(b)(2) for carrying out this subsection, the Secretary shall, in partnership with the Institute for Education Sciences— (1) develop relevant performance metrics, including student outcome data, for covered entities, eligible applicants, and charter schools that receive funds under section 5203; (2) assist such covered entities, eligible applicants, and charter schools in collecting and submitting, on an annual basis, data on such performance metrics to the Secretary; (3) evaluate the performance of and conduct related research to— (A) determine which policies and practices of covered entities, eligible applicants, and charter schools have the greatest impact on student achievement; (B) drive continuous improvement with respect to relevant performance metrics, including student outcome data, for covered entities, eligible applicants, and charter schools that receive funds under section 5203; and (C) inform the distribution of funds to higher performing covered entities, eligible applicants, and charter schools; and (4) disseminate the findings of the research, evaluation, and data collection under this subsection to maximize lessons learned for other educators, charter schools, and policy makers. (c) Grants for local activities (1) In general From the amount reserved under section 5202(b)(3), the Secretary shall make grants, on a competitive basis, to eligible applicants for the purpose of carrying out the activities described in section 5202(a)(1), clauses (i) through (iii) of section 5203(a)(1)(A), and section 5203(g). (2) Terms and conditions Except as otherwise provided in this subsection, each grant awarded under this subsection shall have the same terms and conditions as a grant awarded to covered entities under section 5203, including the grant limitations described in subparagraphs (A) and (B) in section 5203(d)(1), except that— (A) a charter school that has previously used funds received under this subpart for planning or charter school program design to open a new charter school may not use funds under this subsection for such planning or program design; and (B) notwithstanding subparagraph (A), an eligible applicant that is a charter management organization may receive more than 1 grant under this subsection during a grant period to expand a high-quality charter school, replicate a high-quality charter school model, or open or one or more high-quality charter schools that are based on the charter school model for which the eligible applicant has presented evidence of success to the Secretary. (3) Definitions For purposes of this subsection— (A) the term charter management organization a nonprofit organization, other nonprofit entity, or a group or consortium of such organizations or entities that— (i) operates, manages, or oversees multiple charter schools by centralizing or sharing certain functions and resources among such schools; or (ii) desires to open, replicate, or expand a high-quality charter school. (B) the term eligible applicant means— (i) an eligible applicant (as defined in section 5210) that has not received a grant or subgrant under section 5203; or (ii) a charter management organization. (d) Contracts and grants The Secretary may carry out any of the activities described in this section directly or through grants, contracts, or cooperative agreements. . 8. Records transfer Section 5208 (20 U.S.C. 7221g) is amended— (1) by inserting as quickly as possible and before to the extent practicable ; and (2) by striking section 602 and inserting section 602(14) . 9. Definitions Section 5210 ( 20 U.S.C. 7221i ) is amended— (1) in paragraph (1)— (A) in subparagraph (H) by inserting (which, if authorized under the State law of the school and the school’s charter agreement, may be a lottery that gives added weight to students eligible for free or reduced price lunch under the Richard B. Russell National School Lunch Act) after lottery ; (B) by striking and at the end of subparagraph (K); (C) by striking the period at the end of subparagraph (L) and inserting ; and ; and (D) by adding at the end, the following: (M) may serve prekindergarten or post secondary students. ; (2) in paragraph (3)(B), by striking under section 5203(d)(3) ; and (3) by adding at the end the following: (5) Expansion of a high-quality charter school The term expansion of a high-quality charter school means significantly increasing the enrollment of a high-quality charter school or adding 1 or more grades to such school. (6) High-quality charter school The term high-quality charter school means a charter school that— (A) shows evidence of strong academic results, including through— (i) the percentage of students in the proficient or advanced levels of achievements on the State academic assessments required under section 1111(b)(3), compared to demographically similar schools in the State; (ii) the average student academic, longitudinal growth from one school year to next school year, if available and as determined by the State, on the State academic assessments required under section 1111(b)(3) that is above such growth in demographically similar schools in the State; (iii) in the case of a charter school that is a secondary school, high school graduation rates; and (iv) college attendance and persistence rates, when available; (B) has no significant issues in the areas of student safety, financial management, or statutory or regulatory compliance; (C) has demonstrated success in significantly increasing student academic achievement and attainment for all students served by the charter school; and (D) has demonstrated success in— (i) increasing student academic achievement as described in subparagraph (A) for each group of students described in section 1111(b)(2)(C)(v)(II) and served by the charter school, except that such demonstration is not required in a case in which the number of students in a group is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student; and (ii) closing achievement gaps between each such group and all populations served by the charter school. (7) High-quality charter school model The term high-quality charter school model means a high-quality charter school that has the capability of opening another such charter school under an existing charter, such as a feeder middle school or a secondary school that a middle school feeds students into. . 10. Authorization of appropriations Section 5211 ( 20 U.S.C. 7221j ) is amended to read as follows: 5211. Authorization of appropriations There are authorized to be appropriated to carry out this subpart $330,000,000 for fiscal year 2014 and each of the 5 succeeding fiscal years. . 11. Conforming amendments (a) Repeal Subpart 2 of part B of title V (20 U.S.C. 7223 et seq.) is repealed. (b) Table of contents The table of contents in section 2 is amended— (1) by striking the item relating to section 5203 and inserting the following: Sec. 5203. Grants to support high-quality charter schools. ; (2) by striking the item relating to section 5204 and inserting the following: Sec. 5204. Facilities Financing Assistance. ; and (3) by striking subpart 2 of part B of title V.

https://www.govinfo.gov/content/pkg/BILLS-113hr2252ih/xml/BILLS-113hr2252ih.xml

113-hr-2253

I 113th CONGRESS 1st Session H. R. 2253 IN THE HOUSE OF REPRESENTATIVES June 4, 2013 Mr. Schock introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to consolidate the current education tax incentives into one credit against income tax for higher education expenses, and for other purposes. 1. Short title This Act may be cited as the Higher Education and Skills Obtainment Act . 2. Consolidation of education tax incentives into higher education and skills obtainment credit (a) In General Section 25A of the Internal Revenue Code of 1986 (relating to Hope and Lifetime Learning credits) is amended to read as follows: 25A. Higher education and skills obtainment credit (a) Allowance of credit In the case of any eligible student for whom an election is in effect under this section for any taxable year, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of— (1) 100 percent of so much of the qualified tuition and related expenses paid by the taxpayer during the taxable year (for education furnished to the eligible student during any academic period beginning in such taxable year) as does not exceed $2,000, plus (2) 25 percent of such expenses so paid as exceeds $2,000 but does not exceed $4,000. (b) Limitations (1) Credit allowed only for 4 taxable years The credit under subsection (a) shall not be allowed for a taxable year with respect to the qualified tuition and related expenses of an eligible student if the student has completed (before the beginning of such taxable year) 4 years of any combination of postsecondary education at an eligible educational institution and instruction described in subsection (c)(2)(B). (2) Limitation based on household income The amount which would (but for this paragraph) be taken into account under subsection (a) for the taxable year shall be reduced (but not below zero) by the amount which bears the same ratio to the amount which would be so taken into account as the excess (if any) of— (A) the household income of the taxpayer for such taxable year over 400 percent of the poverty line, bears to (B) the amount equal to 500 percent of the poverty line minus the amount equal to 400 percent of the poverty line. (c) Definitions For purposes of this section— (1) Eligible student The term eligible student means, with respect to any academic period, any individual who— (A) meets the requirements of section 484(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1091(a)(1)), as in effect on the date of the enactment of the Taxpayer Relief Act of 1997, and (B) in the case of a student enrolled in a degree program, is carrying at least ½ the normal full-time work load for the course of study the student is pursuing. (2) Qualified tuition and related expenses The term qualified tuition and related expenses means tuition, fees, and costs of course materials— (A) for education during the taxable year with respect to the attendance at an eligible educational institution during any academic period beginning in such taxable year of— (i) the taxpayer, (ii) the taxpayer’s spouse, or (iii) any dependent of the taxpayer with respect to whom the taxpayer is allowed a deduction under section 151, and (B) for a course of instruction from an eligible provider to acquire or improve job skills of the individual during the taxable year (for education furnished during any academic period beginning in such taxable year). (3) Eligible educational institution The term eligible educational institution means an institution— (A) which is described in section 481 of the Higher Education Act of 1965, as in effect on the date of the enactment of the Taxpayer Relief Act of 1997, and (B) which is eligible to participate in a program under title IV of the Higher Education Act of 1965. (4) Poverty line (A) In general The term poverty line has the meaning given that term in section 2110(c)(5) of the Social Security Act (42 U.S.C. 1397jj(c)(5)) with respect to the taxpayer’s family of the size involved. (B) Poverty line used The poverty line used shall be the most recently published poverty line as of the 1st day of the regular enrollment period for coverage during such calendar year. (5) Eligible provider The term eligible provider means provider of training services (within the meaning of section 134(d)(4)(D) of the Workforce Investment Act of 1998) (29 U.S.C. 2864(d)(4)(D)) who is identified in accordance with section 122(e)(3) of such Act ( 29 U.S.C. 2842(e)(3) ). (d) Special rules (1) Identification requirements No credit shall be allowed under subsection (a) to a taxpayer with respect to an eligible student unless the taxpayer includes on the return of tax for the taxable year— (A) the name and social security number of such student, and (B) the employer identification number, name, and address of any institution or eligible provider to which tuition, fees, and costs of course materials were paid with respect to such student. (2) Adjustment for certain scholarships The expenses otherwise taken into account under subsection (a) with respect to an individual for an academic period shall be reduced (before the application of subsections (a) and (b)) by the sum of any amounts paid for the benefit of such individual which are allocable to such period as— (A) a qualified scholarship which is excludable from gross income under section 117, (B) an educational assistance allowance under chapter 30, 31, 32, 34, or 35 of title 38, United States Code, or under chapter 1606 of title 10, United States Code, (C) a Federal Pell Grant or a Federal supplemental educational opportunity grant under subparts 1 and 3, respectively, of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a and 1070b et seq., respectively), and (D) a payment (other than a gift, bequest, devise, or inheritance within the meaning of section 102(a)) for such student’s educational expenses, or attributable to such individual’s enrollment at an eligible educational institution, which is excludable from gross income under any law of the United States. (3) Treatment of expenses paid by dependent If a deduction under section 151 with respect to an individual is allowed to another taxpayer for a taxable year beginning in the calendar year in which such individual’s taxable year begins— (A) no credit shall be allowed under subsection (a) to such individual for such individual’s taxable year, and (B) amounts paid by such individual during such individual’s taxable year shall be treated for purposes of this section as paid by such other taxpayer. (4) Treatment of certain prepayments If tuition, fees, or costs of course materials are paid by the taxpayer during a taxable year for an academic period which begins during the first 3 months following such taxable year, such academic period shall be treated for purposes of this section as beginning during such taxable year. (5) Denial of double benefit No credit shall be allowed under this section for any expense for which deduction is allowed under any other provision of this chapter. (6) No credit for married individuals filing separate returns If the taxpayer is a married individual (within the meaning of section 7703), this section shall apply only if the taxpayer and the taxpayer’s spouse file a joint return for the taxable year. (7) Nonresident aliens If the taxpayer is a nonresident alien individual for any portion of the taxable year, this section shall apply only if such individual is treated as a resident alien of the United States for purposes of this chapter by reason of an election under subsection (g) or (h) of section 6013. (8) Supporting information No expense shall be taken into account under this section for a taxable year unless the taxpayer submits with the return of tax for the taxable year information supporting such expense. (e) Election not To have section apply A taxpayer may elect not to have this section apply with respect to the expenses of an individual for any taxable year. (f) Verification and confirmation of certain information In carrying out this section, the Secretary shall utilize information from the Secretary of Education to confirm and verify information relating to educational institutions and students, including the Integrated Postsecondary Education Data System and the National Student Loan Data System. (g) Regulations The Secretary may prescribe such regulations as may be necessary or appropriate to carry out this section, including regulations providing for a recapture of the credit allowed under this section in cases where there is a refund in a subsequent taxable year of any expense which was taken into account in determining the amount of such credit. . (b) Repeal of deduction for qualified tuition and related expenses (1) In general Part VII of subchapter B of chapter 1 of such Code (relating to additional itemized deductions for individuals) is amended by striking section 222. (2) Clerical amendment The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 222. (c) Information Returns (1) In general Section 6050S(e) of such Code is amended by striking subsection (g)(2) and inserting subsection (d)(2) . (2) Attendance Paragraph (2) of section 6050S(b) of such Code is amended by redesignating subparagraph (C) as subparagraph (D) and by inserting after subparagraph (B) the following new subparagraph: (C) the status of the individual for each academic period of the year for which payments are received as— (i) a full-time or part-time student, (ii) if a part-time student, whether the individual is at least half time, and (iii) whether the student is a graduate student. . (d) Omission of identification information and number of years credit is claimed treated as mathematical or clerical error Subparagraph (J) of section 6213(g)(2) of such Code is amended to read as follows: (J) in the case of information required under section 25A (relating to higher education obtainment credit)— (i) an omission of a correct social security number and employer identification number of any institution required to be included on a return under subsection (d)(1) of such section, and (ii) an entry on the return claiming the credit in violation of the limitation under subsection (b)(1) of such return, . (e) Conforming amendments (1) Section 62(a) of such Code is amended by striking paragraph (18). (2) Subparagraph (A) of section 86(b)(2) of such Code is amended by striking 222, . (3) Subparagraph (B) of section 72(t)(7) of such Code is amended by striking section 25A(g)(2) and inserting section 25A(d)(2) . (4) Subparagraph (A) of section 135(c)(4) of such Code is amended by striking 222, . (5) Subparagraph (A) of section 137(b)(3) of such Code is amended by striking 222, . (6) Subparagraph (A) of section 199(d)(2) of such Code is amended by striking 222, . (7) Clause (ii) of section 219(g)(3)(A) of such Code is amended by striking 222, . (8) Clause (i) of section 221(b)(2)(C) of such Code is amended by striking 222, . (9) Clause (iii) of section 469(i)(3)(F) of such Code is amended by striking 221, and 222 and inserting and 221 . (10) Subsection (d) of section 221 of such Code is amended— (A) by striking section 25A(g)(2) in paragraph (2)(B) and inserting section 25A(d)(2) , and (B) by striking section 25A(f)(2) in the second sentence of paragraph (2) and inserting section 25A(c)(3) . (11) Section 221(d)(3) of such Code is amended by striking section 25A(b)(3) and inserting section 25A(c)(3) . (12) Subclause (I) of section 529(c)(3)(B)(v) of such Code is amended by striking section 25A(g)(2) and inserting 25A(d)(2) . (13) Clause (i) of section 529(e)(3)(B) of such Code is amended by striking section 25A(b)(3) and inserting section 221(c)(3) . (14) Subclause (I) of section 530(d)(2)(C)(i) of such Code is amended by striking section 25A(g)(2) and inserting section 25A(d)(2) . (15) Clause (iii) of section 530(d)(4)(B) of such Code is amended by striking section 25A(g)(2) and inserting 25A(d)(2) . (16) Section 1400O of such Code is amended by adding at the end the following flush sentence: For purposes of this section, any reference to section 25A shall be treated as a reference to such section as in effect on the day before the date of the enactment of this sentence. . (17) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 25A and inserting the following: Sec. 25A. Higher education and skills obtainment credit. . (f) Sense of Congress It is the sense of Congress that any savings in revenues resulting from the enactment of this section shall be applied to the currently projected Pell Grant funding shortfall beginning in 2015 and to deficit reduction. (g) Effective date The amendments made by this section shall apply to expenses paid after December 31, 2013, for education furnished in academic periods beginning after such date.

https://www.govinfo.gov/content/pkg/BILLS-113hr2253ih/xml/BILLS-113hr2253ih.xml

113-hr-2254

I 113th CONGRESS 1st Session H. R. 2254 IN THE HOUSE OF REPRESENTATIVES June 4, 2013 Ms. Sewell of Alabama introduced the following bill; which was referred to the Committee on Natural Resources A BILL To establish the Alabama Black Belt National Heritage Area, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Alabama Black Belt National Heritage Area Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Designation of Alabama Black Belt National Heritage Area. Sec. 4. Local coordinating entity. Sec. 5. Management plan. Sec. 6. Evaluation; report. Sec. 7. Relationship to other Federal agencies. Sec. 8. Private property and regulatory protections. Sec. 9. Use of Federal funds from other sources. 2. Definitions In this Act: (1) Local coordinating entity The term local coordinating entity means the Center for the Study of the Black Belt at the University of West Alabama. (2) Management plan The term management plan means the plan prepared by the local coordinating entity for the National Heritage Area in accordance with this Act. (3) National Heritage Area The term National Heritage Area means the Alabama Black Belt National Heritage Area established by this Act. (4) Secretary The term Secretary means the Secretary of the Interior. 3. Designation of Alabama Black Belt National Heritage Area (a) Establishment There is hereby established the Alabama Black Belt National Heritage Area in the State of Alabama. (b) Boundaries The National Heritage Area shall consist of sites as designated by the management plan within a core area located in Alabama, consisting of Bibb, Bullock, Butler, Choctaw, Clarke, Conecuh, Dallas, Greene, Hale, Lowndes, Macon, Marengo, Monroe, Montgomery, Perry, Pickens, Sumter, Washington, and Wilcox counties. 4. Local coordinating entity (a) Designation The Center for the Study of the Black Belt at the University of West Alabama shall be the local coordinating entity for the National Heritage Area. (b) Duties To further the purposes of the National Heritage Area, the local coordinating entity shall— (1) submit a management plan to the Secretary in accordance with this Act; (2) submit an annual report to the Secretary specifying— (A) the specific performance goals and accomplishments of the local coordinating entity; (B) the expenses and income of the local coordinating entity; (C) the amounts and sources of matching funds; (D) the amounts of non-Federal funds leveraged with Federal funds and sources of the leveraging; and (E) grants made to any other entities during the fiscal year; (3) make available for audit, for each fiscal year for which the local coordinating entity receives Federal funds, all information pertaining to the expenditure of the funds and any matching funds; and (4) encourage economic viability and sustainability that is consistent with the purposes of the National Heritage Area. (c) Authorities For the purposes of preparing and implementing the approved management plan, the local coordinating entity may— (1) make grants to political jurisdictions, nonprofit organizations, and other parties within the National Heritage Area; (2) enter into cooperative agreements with or provide technical assistance to political jurisdictions, nonprofit organizations, Federal agencies, and other interested parties; (3) hire and compensate staff, including individuals with expertise in— (A) natural, historical, cultural, educational, scenic, and recreational resource conservation; (B) economic and community development; and (C) heritage planning; (4) obtain funds or services from any source, including other Federal programs; (5) contract for goods or services; and (6) support activities of partners and any other activities that further the purposes of the National Heritage Area and are consistent with the approved management plan. 5. Management plan (a) Requirements The management plan shall— (1) describe comprehensive policies, goals, strategies, and recommendations for telling the story of the heritage of the area covered by the National Heritage Area and encouraging long-term resource protection, enhancement, interpretation, funding, management, and development of the National Heritage Area; (2) include a description of actions and commitments that Federal, State, and local governments, private organizations, and citizens plan to take to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area; (3) specify existing and potential sources of funding or economic development strategies to protect, enhance, interpret, fund, manage, and develop the National Heritage Area; (4) include an inventory of the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area related to the national importance and themes of the National Heritage Area that should be protected, enhanced, interpreted, funded, managed, and developed; (5) include recommendations for resource management policies and strategies, including the development of intergovernmental and interagency agreements to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area; (6) describe a program for implementation of the management plan, including— (A) performance goals; (B) plans for resource protection, enhancement, interpretation, funding, management, and development; and (C) specific commitments for implementation that have been made by the local coordinating entity or any Federal, State, or local government agency, organization, business, or individual; (7) include an analysis of, and recommendations for, means by which Federal, State, and local programs may best be coordinated (including the role of the National Park Service and other Federal agencies associated with the National Heritage Area) to further the purposes of this Act; and (8) include a business plan that— (A) describes the role, operation, financing, and functions of the local coordinating entity and of each of the major activities described in the management plan; and (B) provides adequate assurances that the local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan. (b) Deadline Not later than 3 years after the date of enactment of this Act, the local coordinating entity shall submit the management plan to the Secretary for approval. (c) Approval of Management Plan (1) Review Not later than 180 days after receiving the management plan, the Secretary shall review and approve or disapprove the management plan on the basis of the criteria listed in paragraph (3). (2) Consultation The Secretary shall consult with the Governor of Alabama before approving a management plan. (3) Criteria for approval In determining whether to approve a management plan, the Secretary shall consider whether— (A) the local coordinating entity— (i) represents the diverse interests of the National Heritage Area, including Federal, State, and local governments, natural, and historical resource protection organizations, educational institutions, businesses, recreational organizations, community residents, and private property owners; (ii) has afforded adequate opportunity for public and Federal, State, and local governmental involvement (including through workshops and public meetings) in the preparation of the management plan; (iii) provides for at least semiannual public meetings to ensure adequate implementation of the management plan; and (iv) has demonstrated the financial capability, in partnership with others, to carry out the management plan; (B) the management plan— (i) describes resource protection, enhancement, interpretation, funding, management, and development strategies which, if implemented, would adequately protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area; (ii) would not adversely affect any activities authorized on Federal land under public applicable laws or land use plans; (iii) demonstrates partnerships among the local coordinating entity, Federal, State, and local governments, regional planning organizations, nonprofit organizations, and private sector parties for implementation of the management plan; and (iv) complies with the requirements of this section; and (C) the Secretary has received adequate assurances from the appropriate State and local officials whose support is needed that the State and local aspects of the management plan will be effectively implemented. (4) Disapproval (A) In general If the Secretary disapproves the management plan, the Secretary— (i) shall advise the local coordinating entity in writing of the reasons for the disapproval; and (ii) may make recommendations to the local coordinating entity for revisions to the management plan. (B) Deadline Not later than 180 days after receiving a revised management plan, the Secretary shall approve or disapprove the revised management plan. (5) Amendments (A) In general An amendment to the approved management plan that substantially alters such plan shall be reviewed by the Secretary and approved or disapproved in the same manner as the original management plan. (B) Implementation The local coordinating entity shall not implement a substantial amendment to the management plan until the Secretary approves the amendment. (6) Authorities The Secretary may— (A) provide technical assistance under the authority of this Act for the development and implementation of the management plan; and (B) enter into cooperative agreements with interested parties to carry out this Act. 6. Evaluation; report (a) Evaluation The Secretary shall conduct an evaluation of the accomplishments of the National Heritage Area. An evaluation conducted under this subsection shall— (1) assess the progress of the local coordinating entity with respect to— (A) accomplishing the purposes of this Act for the National Heritage Area; and (B) achieving the goals and objectives of the approved management plan; (2) analyze the Federal, State, and local government, and private investments in the National Heritage Area to determine the impact of the investments; and (3) review the management structure, partnership relationships, and funding of the National Heritage Area for purposes of identifying the critical components for sustainability of the National Heritage Area. (b) Report Not later than 3 years after the date of enactment of this Act, based on the evaluation conducted under subsection (a), the Secretary shall submit a report to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. The report shall include recommendations for the future role of the National Park Service, if any, with respect to the National Heritage Area. 7. Relationship to other Federal agencies (a) In General Nothing in this Act affects the authority of a Federal agency to provide technical or financial assistance under any other law. (b) Consultation and Coordination The head of any Federal agency planning to conduct activities that may have an impact on the National Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity to the maximum extent practicable. (c) Other Federal Agencies Nothing in this Act— (1) modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency; (2) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the National Heritage Area; or (3) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. 8. Private property and regulatory protections Nothing in this Act— (1) abridges the rights of any owner of public or private property, including the right to refrain from participating in any plan, project, program, or activity conducted within the National Heritage Area; (2) requires any property owner to permit public access (including access by Federal, State, tribal, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, tribal, or local law; (3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State, tribal, or local agency, or conveys any land use or other regulatory authority to any local coordinating entity, including development and management of energy, water, or water-related infrastructure; (4) authorizes or implies the reservation or appropriation of water or water rights; (5) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the National Heritage Area; or (6) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property. 9. Use of Federal funds from other sources Nothing in this Act shall preclude the local coordinating entity from using Federal funds available under other laws for the purposes for which those funds were authorized.

https://www.govinfo.gov/content/pkg/BILLS-113hr2254ih/xml/BILLS-113hr2254ih.xml

113-hr-2255

I 113th CONGRESS 1st Session H. R. 2255 IN THE HOUSE OF REPRESENTATIVES June 4, 2013 Mr. Van Hollen (for himself, Mr. Wolf , and Mr. Delaney ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Chesapeake and Ohio Canal Development Act to extend to the Chesapeake and Ohio Canal National Historical Park Commission. 1. Chesapeake and ohio canal national historical park commission The Chesapeake and Ohio Canal National Historical Park Commission (referred to in this Act as the Commission ) is authorized in accordance with the provisions of section 6 of the Chesapeake and Ohio Canal Development Act ( 16 U.S.C. 410y–4 ), except that the Commission shall terminate 10 years after the date of enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2255ih/xml/BILLS-113hr2255ih.xml