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113-hr-2256

I 113th CONGRESS 1st Session H. R. 2256 IN THE HOUSE OF REPRESENTATIVES June 4, 2013 Mr. Walz (for himself, Mr. Nolan , Ms. McCollum , Mr. Ellison , and Mr. Peterson ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Energy Independence and Security Act of 2007 to improve the coordination of refinery outages, and for other purposes. 1. Short title This Act may be cited as the Gas Price and Refinery Capacity Relief Act of 2013 . 2. Coordination of refinery outages Section 804 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17283 ) is amended to read as follows: 804. Coordination of refinery outages (a) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Energy Information Administration. (2) Planned refinery outage The term planned refinery outage means a removal, scheduled before the date on which the removal occurs, of a refinery, or any unit of a refinery, from service for maintenance, repair, or modification. (3) Refined petroleum product The term refined petroleum product means any gasoline, diesel fuel, fuel oil, lubricating oil, liquid petroleum gas, or other petroleum distillate that is produced through the refining or processing of crude oil or an oil derived from tar sands, shale, or coal. (4) Refinery The term refinery means a facility used in the production of a refined petroleum product through distillation, cracking, or any other process. (5) Unplanned refinery outage The unplanned refinery outage means the removal of a refinery, or any unit of a refinery, from service that is not scheduled in advance. (b) Reporting requirement The owner or operator of a refinery shall submit to the Administrator information describing— (1) the schedule of the refinery for any planned refinery outage, including— (A) the dates for the planned refinery outage at least 1 year in advance of the date of the expected outage or the date the outage is scheduled; and (B) the estimated inventories and production of refined petroleum products during the period described in subparagraph (A); and (2) any unplanned refinery outages as soon as practicable (c) Review and analysis of available information The Administrator shall, on an ongoing basis— (1) review information on planned refinery outages and unplanned refinery outages— (A) reported by refineries under subsection (b); and (B) that is available from commercial reporting services; (2) analyze that information to determine whether the scheduling of a planned refinery outage or an unplanned refinery outage may nationally or regionally substantially affect the price or supply of any refined petroleum product by— (A) decreasing the production of the refined petroleum product; and (B) causing or contributing to a retail or wholesale supply shortage or disruption; and (3) alert the Secretary of any refinery outage that the Administrator determines may nationally or regionally substantially affect the price or supply of a refined petroleum product. (d) Action by Secretary On a determination by the Secretary that a refinery outage may affect the price or supply of a refined petroleum product, the Secretary shall make available to refinery operators information on planned refinery outages or unplanned refinery outages to prevent significant market disruptions. (e) Limitation Nothing in this section— (1) alters any existing legal obligation or responsibility of a refinery operator; (2) creates any legal right of action; or (3) authorizes the Secretary— (A) to prohibit a refinery operator from conducting a planned refinery outage; or (B) to require a refinery operator to continue to operate a refinery. (f) Study on national strategic refined petroleum products reserve (1) In general Not later than 180 days after the date of enactment of this subsection, the Secretary shall study and submit to Congress a report on the costs and benefits of creating a national strategic refined petroleum products reserve for refined petroleum products. (2) Information The report required under paragraph (1) shall include information on— (A) the days of existing storage capabilities within the different petroleum administration defense districts based on normal usage of refined petroleum products; (B) the feasibility of increasing storage capacity for refined petroleum products on a regional basis; and (C) the impact additional storage capacity would have on the retail price of refined petroleum products for consumers in the event of a supply shortage or market disruption from a natural disaster or refinery outage. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2256ih/xml/BILLS-113hr2256ih.xml

113-hr-2257

I 113th CONGRESS 1st Session H. R. 2257 IN THE HOUSE OF REPRESENTATIVES June 4, 2013 Ms. Wilson of Florida introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Workforce Investment Act of 1998 to create a pilot program to award grants to units of general local government and community-based organizations to create jobs, and for other purposes. 1. Short title This Act may be cited as the Jobs Now Act of 2013 . 2. Grants to units of general local government Subtitle D of title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2911 et seq. ) is amended by inserting after section 173A ( 29 U.S.C. 2918a ) the following: 173B. Pilot program (a) Program authorized From the amounts appropriated under subsection (h) , the Secretary shall carry out a 2-year pilot program to award grants, on a competitive basis, to units of general local government or community-based organizations to retain, employ, or train employees providing a public service for a unit of general local government. (b) Unit of general local government defined For purposes of this section, the term unit of general local government means any general purpose political subdivision of a State, or the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the freely associated states of the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau, that has the power to levy taxes and spend funds, as well as general corporate and police powers. (c) Uses of funds (1) Required uses (A) In general Subject to subparagraph (B), a unit of general local government or community-based organization shall use not less than 50 percent of the grant funds received under this section to— (i) in the case of a unit, retain employees of such unit who are providing a public service for the unit and who would otherwise be laid off as a consequence of budget cuts; and (ii) in the case of an organization, retain employees of the organization who are providing a public service for the unit in which the organization is located and who would otherwise be laid off as a consequence of budget cuts. (B) Exception In a case in which 50 percent of a grant amount received under this section would exceed the amount needed for a unit or organization to retain the employees described in subparagraph (A), the unit or organization may use only the amount needed to retain such employees for such purpose. (2) Authorized uses After using grant funds received under this section in accordance with paragraph (1), a unit of general local government or community-based organization may use any remaining grant funds provided under this section to— (A) in the case of a unit of general local government— (i) employ individuals in new positions providing a public service for the unit; or (ii) train individuals for new public service positions for the unit; and (B) in the case of a community-based organization— (i) employ individuals in new positions that would provide a public service for the unit in which the organization is located or services in the private sector; or (ii) train individuals for any such positions. (d) Priority for certain individuals The Secretary shall encourage each unit of general local government and each community-based organization receiving a grant under this section to use such grant funds to retain, employ, or train— (1) veterans; (2) individuals with disabilities; (3) individuals who are receiving unemployment benefits; or (4) dislocated workers. (e) Priority for certain units and organizations (1) Units In awarding grants to units of general local government under this section, the Secretary shall give priority to units of general local government with high unemployment, foreclosure, and poverty rates as compared to other units of general local government applying to receive a grant under this section. (2) Organizations In awarding grants to units of general local government under this section, the Secretary shall give priority to community-based organizations located in units of general local government with high unemployment, foreclosure, and poverty rates as compared to other units of general local government applying to receive a grant under this section. (f) Application Each unit of general local government or community-based organization desiring to receive 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. (g) Report Not later than 2 years after the first appropriation of funds under subsection (h) , the Secretary shall submit to Congress, a report on— (1) the number and percentage of individuals hired or trained, and the number and percentage of employees of units retained, as a result of a grant under this section; and (2) best practices in carrying out a grant program to hire, train, or retain employees of units of general local government. (h) Authorization of appropriations There are authorized to be appropriated $1,000,000,000 to carry out this section for fiscal years 2014 and 2015. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2257ih/xml/BILLS-113hr2257ih.xml

113-hr-2258

I 113th CONGRESS 1st Session H. R. 2258 IN THE HOUSE OF REPRESENTATIVES June 5, 2013 Mr. Young of Indiana (for himself, Ms. McCollum , Mr. Yoder , Mr. Pocan , and Mr. Smith of Nebraska ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend the indemnification responsibilities applicable to the Secretary of Defense when Department of Defense property at military installations closed pursuant to a base closure law is conveyed to expand such indemnification responsibilities to include all military installations closed since October 24, 1988. 1. Short title This Act may be cited as the Base Redevelopment and Indemnification Correction Act . 2. Indemnification of transferees of property at any closed military installation Section 330 of the National Defense Authorization Act for Fiscal Year 1993 ( Public Law 102–484 ; 10 U.S.C. 2687 note) is amended— (1) in subsection (a)(1), by striking pursuant to a base closure law and inserting after October 24, 1988, the date of the enactment of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100–526; 10 U.S.C. 2687 note) ; and (2) in subsection (f), by striking paragraph (3).

https://www.govinfo.gov/content/pkg/BILLS-113hr2258ih/xml/BILLS-113hr2258ih.xml

113-hr-2259

I 113th CONGRESS 1st Session H. R. 2259 IN THE HOUSE OF REPRESENTATIVES June 5, 2013 Mr. Daines introduced the following bill; which was referred to the Committee on Natural Resources A BILL To withdraw certain Federal land and interests in that land from location, entry, and patent under the mining laws and disposition under the mineral and geothermal leasing laws and to preserve existing uses. 1. Short title This Act may be cited as the North Fork Watershed Protection Act of 2013 . 2. Definitions In this Act: (1) Eligible Federal land The term eligible Federal land means— (A) any federally owned land or interest in land depicted on the Map as within the North Fork Federal Lands Withdrawal Area; or (B) any land or interest in land located within the North Fork Federal Lands Withdrawal Area that is acquired by the Federal Government after the date of enactment of this Act. (2) Map The term Map means the Bureau of Land Management map entitled North Fork Federal Lands Withdrawal Area and dated June 9, 2010. 3. Withdrawal (a) Withdrawal Subject to valid existing rights, the eligible Federal land is withdrawn from— (1) all forms of location, entry, and patent under the mining laws; and (2) disposition under all laws relating to mineral leasing and geothermal leasing. (b) Availability of map Not later than 30 days after the date of enactment of this Act, the Map shall be made available to the public at each appropriate office of the Bureau of Land Management. 4. Existing uses not affected Except with respect to the withdrawal under section 3, nothing in this Act restricts recreational uses, livestock management activities, or forest management activities allowed on the date of the enactment of this Act on the eligible Federal land in accordance with applicable law.

https://www.govinfo.gov/content/pkg/BILLS-113hr2259ih/xml/BILLS-113hr2259ih.xml

113-hr-2260

I 113th CONGRESS 1st Session H. R. 2260 IN THE HOUSE OF REPRESENTATIVES June 5, 2013 Mr. Thompson of California (for himself and Mr. Fortenberry ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Food Security Act of 1985 to ensure basic conservation measures are implemented by farmers who receive Federal crop insurance premium assistance. 1. Short title This Act may be cited as the Crop Insurance Accountability Act of 2013 . 2. Highly erodible land and wetland conservation for crop insurance (a) Highly erodible land program ineligibility (1) In general Section 1211(a)(1) of the Food Security Act of 1985 (16 U.S.C. 3811(a)(1)) is amended— (A) in subparagraph (C), by striking or at the end; (B) in subparagraph (D), by adding or at the end; and (C) by adding at the end the following: (E) any portion of the premium paid by the Federal Crop Insurance Corporation for a policy or plan of insurance under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ), on the condition that if a person is determined to have committed a violation under this subsection during a crop year, ineligibility under this subparagraph shall— (i) only apply to reinsurance years subsequent to the date of final determination of a violation, including all administrative appeals; and (ii) not apply to the existing reinsurance year or any reinsurance year prior to the date of final determination. . (2) Exemptions Section 1212(a)(2) of the Food Security Act of 1985 ( 16 U.S.C. 3812(a)(2) ) is amended— (A) in the first sentence, by striking (2) If, and inserting the following: (2) Eligibility based on compliance with conservation plan (A) In general If, ; (B) in the second sentence, by striking In carrying and inserting the following: (B) Minimization of documentation In carrying ; and (C) by adding at the end the following: (C) Crop insurance (i) In general Notwithstanding section 1211(a)— (I) in the case of a person that is subject to section 1211 for the first time after May 1, 2013, due to the amendment made by section 2(a) of the Crop Insurance Accountability Act of 2013 , any person who produces an agricultural commodity on the land that is the basis of the payments described in section 1211(a)(1)(E) shall have 5 reinsurance years after the date on which such payments become subject to section 1211 to develop and comply with an approved conservation plan so as to maintain eligibility for such payments; and (II) in the case of a person that the Secretary determines would have been in violation of section 1211(a) if the person had continued participation in the programs requiring compliance at any time after the date of enactment of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8701 et seq. ) and is currently in violation of section 1211(a), the person shall have 2 reinsurance years after the date on which the payments described in section 1211(a)(1)(E) become subject to section 1211 to develop and comply with an approved conservation plan, as determined by the Secretary, so as to maintain eligibility for such payments. (ii) Certification (I) In general Beginning with the first full reinsurance year immediately following the date of enactment of this subparagraph, all persons seeking eligibility for the payment of a portion of the premium paid by the Federal Crop Insurance Corporation for a policy or plan of insurance under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ) shall provide certification of compliance with section 1211(a), as determined by the Secretary. (II) Timely evaluation The Secretary shall evaluate the certification in a timely manner and— (aa) a person who has properly complied with certification shall be held harmless with regard to eligibility during the period of evaluation; and (bb) if the Secretary fails to evaluate the certification in a timely manner and the person is subsequently found to be in violation of section 1211(a), ineligibility shall not apply to the person for that violation. (III) Equitable contribution (aa) In general If a person fails to provide certification of compliance to the Secretary as required and is subsequently found in violation of section 1211(a), the Secretary shall determine the amount of an equitable contribution to conservation in accordance with section 1241(e) by the person for the violation. (bb) Limitation The contribution shall not exceed the total of the portion of the premium paid by the Federal Crop Insurance Corporation for a policy or plan of insurance for all years the person is determined to have been in violation subsequent to the date on which certification was first required under this clause. . (b) Wetland conservation program ineligibility Section 1221 of the Food Security Act of 1985 ( 16 U.S.C. 3821 ) is amended— (1) in subsection (b), by adding at the end the following: (4) Crop insurance (A) In general Except as provided in this paragraph, a person subject to a final determination, including all administrative appeals, of a violation of subsection (c) shall have 1 reinsurance year to initiate a conservation plan to remedy the violation, as determined by the Secretary, before becoming ineligible under that subsection in the following reinsurance year to receive any payment of any portion of the premium paid by the Federal Crop Insurance Corporation for a policy or plan of insurance under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ). (B) Applicability In the case of a person that is subject to this subsection or subsection (d) for the first time due to the amendment made by section 2(b) of the Crop Insurance Accountability Act of 2013 , the person shall have 2 reinsurance years after the date of final determination, including all administrative appeals, to take such steps as the Secretary determines appropriate to remedy or mitigate the violation in accordance with subsection (c). (C) Good faith If the Secretary determines that a person subject to a final determination, including all administrative appeals, of a violation of subsection (c) acted in good faith and without intent to violate this section as described in section 1222(h), the Secretary shall give the person 1 reinsurance year to begin mitigation, restoration, or such other steps as are determined necessary by the Secretary. (D) Tenant relief (i) In general If a tenant is determined to be ineligible for payments and other benefits under this section, the Secretary may limit the ineligibility only to the farm that is the basis for the ineligibility determination if the tenant has established, to the satisfaction of the Secretary that— (I) the tenant has made a good faith effort to meet the requirements of this section, including enlisting the assistance of the Secretary to obtain a reasonable conservation plan for restoration or mitigation for the farm; (II) the landlord on the farm refuses to comply with the plan on the farm; and (III) the Secretary determines that the lack of compliance is not a part of a scheme or device to avoid the compliance. (ii) Report The Secretary shall provide an annual report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate concerning the ineligibility determinations limited during the previous 12-month period under this subparagraph. (E) Certification (i) In general Beginning with the first full reinsurance year immediately following the date of enactment of this paragraph, all persons seeking eligibility for the payment of a portion of the premium paid by the Federal Crop Insurance Corporation for a policy or plan of insurance under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ) shall provide certification of compliance with this section as determined by the Secretary. (ii) Timely evaluation The Secretary shall evaluate the certification in a timely manner and— (I) a person who has properly complied with certification shall be held harmless with regard to eligibility during the period of evaluation; and (II) if the Secretary fails to evaluate the certification in a timely manner and the person is subsequently found to be in violation of subsection (c), ineligibility shall not apply to the person for that violation. (iii) Equitable contribution (I) In general If a person fails to provide certification of compliance to the Secretary as required and is subsequently found in violation of subsection (c), the Secretary shall determine the amount of an equitable contribution to conservation in accordance with section 1241(e) by the person for the violation. (II) Limitation The contribution shall not exceed the total of the portion of the premium paid by the Federal Crop Insurance Corporation for a policy or plan of insurance for all years the person is determined to have been in violation subsequent to the date on which certification was first required under this subparagraph. ; (2) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; and (3) by inserting after subsection (b) the following: (c) Ineligibility for crop insurance premium assistance (1) In general If a person is determined to have committed a violation under subsection (a) or (d) during a crop year, the person shall be ineligible to receive any payment of any portion of the premium paid by the Federal Crop Insurance Corporation for a policy or plan of insurance under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ). (2) Applicability Ineligibility under this subsection shall— (A) only apply to reinsurance years subsequent to the date of final determination of a violation, including all administrative appeals; and (B) not apply to— (i) the existing reinsurance year; or (ii) any reinsurance year prior to the date of final determination. (3) Date of conversion Notwithstanding subsection (d), ineligibility for crop insurance premium assistance shall apply as follows: (A) In the case of wetland that the Secretary determines was converted after the date of enactment of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8701 et seq. ) but on or before May 1, 2013, and continues to be in violation, the person shall have 2 reinsurance years after the date on which this subsection applies, to begin the mitigation process, as determined by the Secretary. (B) In the case of wetland that the Secretary determines was converted after May 1, 2013— (i) subject to clause (ii), the person shall be ineligible to receive crop insurance premium subsidies in subsequent reinsurance years unless section 1222(b) applies; and (ii) for any violation that the Secretary determines impacts less than 5 acres of the entire farm, the person may pay a contribution in accordance with section 1241(e) in an amount equal to 150 percent of the cost of mitigation, as determined by the Secretary, for wetland restoration in lieu of ineligibility to receive crop insurance premium assistance. (C) In the case of a wetland that the Secretary determines was converted prior to the date of enactment of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8701 et seq.), ineligibility under this subsection shall not apply. (D) In the case of an agricultural commodity for which an individual policy or plan of insurance is available for the first time to the person after the date of enactment of the Crop Insurance Accountability Act of 2013 — (i) ineligibility shall apply only to conversions that take place after the date on which the policy or plan of insurance first becomes available to the person; and (ii) the person shall take such steps as the Secretary determines appropriate to mitigate any prior conversion in a timely manner but not to exceed 2 calendar years. (4) Certification (A) In general In enforcing eligibility under this subsection, the Secretary shall use existing processes and procedures for certifying compliance. (B) Responsibility The Secretary, acting through the agencies of the Department of Agriculture, shall be solely responsible for determining whether a producer is eligible to receive crop insurance premium subsidies in accordance with this subsection. (C) Limitation The Secretary shall ensure that no agent, approved insurance provider, or employee or contractor of an agency or approved insurance provider, bears responsibility or liability for the eligibility of an insured producer under this subsection, other than in cases of misrepresentation, fraud, or a scheme or device to avoid compliance. . 3. Technical assistance Section 1241(b) of the Food Security Act of 1985 ( 16 U.S.C. 3841(b) ) is amended to read as follows: (b) Technical assistance (1) In general Effective for fiscal year 2005 and each subsequent fiscal year, Commodity Credit Corporation funds made available for each of the programs specified in paragraphs (1) through (7) of subsection (a)— (A) shall be available for the provision of technical assistance for the programs for which funds are made available, as necessary to implement the programs effectively; and (B) shall not be available for the provision of technical assistance for conservation programs specified in subsection (a) other than the program for which the funds were made available. (2) Priority (A) In general In the delivery of technical assistance under the Soil Conservation and Domestic Allotment Act ( 16 U.S.C. 590a et seq. ), the Secretary shall give priority to producers who request technical assistance from the Secretary in order to comply for the first time with the requirements of subtitle B and subtitle C of this title as a result of the amendments made by section 2 of the Crop Insurance Accountability Act of 2013 . (B) Report Not later than 270 days after the date of enactment of the Crop Insurance Accountability Act of 2013 , the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report regarding the extent to which the conservation compliance requirements contained in the amendments made by section 2 of the Crop Insurance Accountability Act of 2013 apply to and impact specialty crop growers, including national analysis and surveys to determine the extent of specialty crop acreage on highly erodible land and wetlands. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2260ih/xml/BILLS-113hr2260ih.xml

113-hr-2261

I 113th CONGRESS 1st Session H. R. 2261 IN THE HOUSE OF REPRESENTATIVES June 5, 2013 Mr. Crawford (for himself, Mr. Westmoreland , and Mr. Roe of Tennessee ) 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 ensure the continuation of successful fisheries mitigation programs, and for other purposes. 1. Short title This Act may be cited as the National Mitigation Fisheries Coordination Act . 2. Findings Congress finds the following: (1) The operation of dams and other water diversion projects are for the benefit of the American public. They provide inexpensive energy, flood control, water storage for municipal and agricultural purposes, and opportunities for recreational boating and enjoyment. The construction and operation of these Federal water resources development projects have had impacts on many water systems, habitats, and their respective fish populations, resulting in the need to build and operate fish hatcheries to mitigate for aquatic resources affected by these projects. (2) In accordance with the Fish and Wildlife Act of 1956 ( 16 U.S.C. 742a et seq. ), the Fish and Wildlife Coordination Act ( 16 U.S.C. 661 et seq. ), the Watershed Protection and Flood Prevention Act ( 16 U.S.C. 1001 et seq. ), and the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), the United States Fish and Wildlife Service has established policy (501 FW 2) to seek to mitigate for fish, wildlife, and their habitats, and uses thereof, from the effects of land and water developments. (3) The Service currently operates fish hatcheries that are involved in mitigation fishery activities related to construction and operation of Federal water resources development projects. (4) Inconsistency in authorities to construct and operate Federal water resources development projects has led to a myriad of mechanisms for funding and conducting Federal mitigation fishery activities. In most cases, Federal water project development agencies fund mitigation fishery costs. In some cases, the Service expends its appropriations to offset or completely pay for mitigation fishery costs. (5) The water development agency should bear the financial responsibility for mitigation fishery costs incurred by the Service. 3. Mitigation fishery activities (a) Imposition of charges The Director of the Service shall impose a charge for conducting mitigation fishery activities. (b) Fishery mitigation plans (1) Development A charge imposed by the Service under subsection (a) shall be paid by a water development agency in accordance with a fishery mitigation plan developed and approved by the Director and the head of the agency. (2) Contents A fishery mitigation plan developed under this subsection shall— (A) describe the long-term goals and annual targets under which the Service will conduct mitigation fishery activities in connection with projects carried out by a water development agency; (B) establish charges to be imposed by the Service on the agency for conducting the mitigation fishery activities; and (C) include the terms under which the agency will make payments on the charges to the Service. (3) Participation of States and Indian tribes A fishery mitigation plan under this section shall be developed in cooperation and coordination with affected States and Indian tribes. (4) Renegotiation The Director of the Service and the head of a water development agency shall renegotiate a fishery mitigation plan under this subsection every 3 years to adjust for changing mitigation fishery costs covered by the plan. (c) Amount of charges Charges imposed by the Service for conducting mitigation fishery activities shall be reasonably related to the mitigation fishery costs associated with the activities. (d) Payment of charges (1) In general On or before the first day of each fiscal year beginning after September 30, 2013, a water development agency shall make a payment to the Service for that fiscal year as required under a fishery mitigation plan developed by the Service and the agency under subsection (b). (2) Crediting of payments; availability of amounts Funds paid to the Service under this subsection shall— (A) be credited to the appropriation of the Service initially charged for providing the service for which the payment is being made; (B) be available to the Service for expenditure in amounts specified in appropriations Acts; and (C) remain available until expended. (3) Projects without fishery mitigation plans In the absence of a fishery mitigation plan, the Service may conduct mitigation fishery activities and receive funding from a water development agency for the activities based on the terms and conditions that applied with respect to the activities in the prior fiscal year. (e) Definitions In this section, the following definitions apply: (1) Mitigation fishery activities The term mitigation fishery activities means rearing and stocking of native and nonnative fish to replace or maintain fishery resources or harvest levels (or both) lost as a result of a Federal water resources development project, and includes project planning, population assessment and evaluation, genetic monitoring, broodstock development, and fish health sampling. (2) Mitigation fishery costs The term mitigation fishery costs means the expenditures necessary to operate, maintain, and rehabilitate mitigation fishery facilities and to conduct mitigation fishery activities, and includes personnel, transportation, utilities, contractual services, fish feed, supplies, equipment, routine maintenance, deferred maintenance, fish eggs, technical support, fish health, management and administration, planning, outreach and education, and hatchery product evaluations. (3) Mitigation fishery facility The term mitigation fishery facility means a facility described in subsection (g) that is owned and operated by the Service through the National Fish Hatchery System for the purpose, either wholly or substantially in part, of conducting mitigation fishery activities. (4) Service The term Service means the United States Fish and Wildlife Service. (5) Water development agency The term water development agency means the Army Corps of Engineers, the Bureau of Reclamation, or the Tennessee Valley Authority. (f) Listing of mitigation fishery facilities The mitigation fishery facilities referred to in subsection (f) are as follows: (1) In Arkansas— (A) Greers Ferry National Fish Hatchery; and (B) Norfork National Fish Hatchery. (2) In Georgia— (A) Chattahoochee Forest National Fish Hatchery; and (B) Warm Springs Fish Health Center. (3) In Kentucky, Wolf Creek National Fish Hatchery. (4) In Missouri, Neosho National Fish Hatchery. (5) In Montana— (A) Ennis National Fish Hatchery; and (B) Bozeman Fish Health Center. (6) In North Dakota— (A) Garrison Dam National Fish Hatchery; and (B) Valley City National Fish Hatchery. (7) In Pennsylvania, Lamar Fish Health Center. (8) In South Dakota, Gavins Point National Fish Hatchery. (9) In Tennessee— (A) Dale Hollow National Fish Hatchery; and (B) Erwin National Fish Hatchery. (10) In Utah, Jones Hole National Fish Hatchery. (11) In West Virginia, White Sulphur Springs National Fish Hatchery. (12) In Wisconsin, LaCrosse Fish Health Center. (13) In Wyoming, Saratoga National Fish Hatchery.

https://www.govinfo.gov/content/pkg/BILLS-113hr2261ih/xml/BILLS-113hr2261ih.xml

113-hr-2262

I 113th CONGRESS 1st Session H. R. 2262 IN THE HOUSE OF REPRESENTATIVES June 5, 2013 Mr. Issa (for himself and Mr. Peters of California ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To designate the United States Federal Judicial Center located at 333 West Broadway Street in San Diego, California, as the John Rhoades Federal Judicial Center and to designate the United States courthouse located at 333 West Broadway Street in San Diego, California, as the James M. Carter and Judith N. Keep United States Courthouse . 1. Judicial center designation The United States Federal Judicial Center located at 333 West Broadway Street in San Diego, California, shall be known and designated as the John Rhoades Federal Judicial Center . The Judicial Center includes the Federal property located at 221 West Broadway, 333 West Broadway, 880 Front Street, 325 West F Street, 808 Union Street, and the adjoining plaza. 2. Courthouse building designation The United States courthouse located at 333 West Broadway in San Diego, California, shall be known and designated as the James M. Carter and Judith N. Keep United States Courthouse . 3. References Any reference in a law, map, regulation, document, paper, or other record of the United States to the United States Federal Judicial Center referred to in section 1 shall be deemed to be a reference to the John Rhoades Federal Judicial Center . Any reference in a law, map, regulation, document, paper, or other record of the United States to the United States courthouse located at 333 West Broadway Street in San Diego, California, referred to in section 2 shall be deemed to be a reference to the James M. Carter and Judith N. Keep United States Courthouse .

https://www.govinfo.gov/content/pkg/BILLS-113hr2262ih/xml/BILLS-113hr2262ih.xml

113-hr-2263

I 113th CONGRESS 1st Session H. R. 2263 IN THE HOUSE OF REPRESENTATIVES June 5, 2013 Mr. Amash (for himself, Mr. McClintock , and Mr. Massie ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To abolish the Export-Import Bank of the United States, and for other purposes. 1. Short title This Act may be cited as the Export-Import Bank Termination Act . 2. Findings The Congress finds as follows: (1) Export subsidies provide advantages to specific industries or businesses at the expense of their domestic competition, other sectors of the United States economy, and the public at large. (2) Banks and other financial institutions that provide trade facilitation credit also profit from export subsidies such as loan guarantees and trade insurance. (3) International trade finance is well developed and supplied by the private sector at competitive rates that reflect market conditions. (4) The Export-Import Bank of the United States is an agency of the United States Government that subsidizes exports by insuring or guaranteeing trade facilitation loans and other credit from private financial institutions and by providing direct loans to United States exporters. (5) Export subsidies impose risks on United States taxpayers. In a June 2012 paper using accurate, fair value estimation, the Congressional Budget Office found that the expected return of the Export-Import Bank of the United States was less than a tenth of the estimate under the current, flawed methodology used pursuant to the Federal Credit Reform Act of 1990. (6) Recent years have revealed other safe Federal credit programs to have large taxpayer costs, for example, Freddie Mac, Fannie Mae, and the Federal Housing Administration. (7) The Export-Import Bank of the United States claims to serve small businesses primarily, but most of its financing subsidizes exports of large multinational corporations. 3. Reductions of authorities before abolishment Notwithstanding any other provision of law: (1) Termination of authority to accept applications for assistance The Export-Import Bank of the United States (in this Act referred to as the Bank ) may not accept an application for a loan, insurance, or a guarantee, or to participate in an extension of credit by another entity, after the 30-day period that begins with the date of the enactment of this Act. (2) Termination of authority to renew or enter into a contract for the provision of assistance by the Bank The Bank may not renew or enter into a contract which would obligate the Bank to provide a loan, insurance, or a guarantee, or participate in an extension of credit by another entity, after the 12-month period that begins with such date of enactment. 4. Abolishment of Export-Import Bank of the United States (a) In general Effective on the abolishment date: (1) Abolishment The Bank is abolished. (2) Transfer of functions All functions that, immediately before the abolishment date are authorized to be performed by the Bank, the Board of Directors of the Bank, any officer or employee of the Bank acting in that capacity, or any agency or office of the Bank, are transferred to the Secretary of the Treasury (in this Act referred to as the Secretary ). (b) Abolishment date defined In this Act, the term abolishment date means the date that is 3 years after the date of the enactment of this Act. 5. Resolution and termination of Bank functions (a) Resolution of functions The Secretary shall— (1) complete the disposition and resolution of functions of the Bank in accordance with this Act; and (2) resolve all functions that are transferred to the Secretary under section 4(a)(2). (b) Termination of functions All functions that are transferred to the Secretary under section 4(a)(2) shall terminate on the date all obligations of the Bank, and all obligations of others to the Bank, in effect immediately before the abolishment date have been satisfied, as determined by the Secretary. (c) Report to the Congress When the Secretary makes the determination described in subsection (b), the Secretary shall report the determination to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate. 6. Duties of the Secretary of the Treasury (a) In general The Secretary shall be responsible for the implementation of this Act, including— (1) the administration and wind-up of all functions transferred to the Secretary under section 4(a)(2); (2) the administration and wind-up of any outstanding obligations of the Federal Government under any programs terminated by this Act; and (3) taking such other actions as may be necessary to wind-up any outstanding affairs of the Bank. (b) Delegation of functions The Secretary may delegate to any other Federal department or agency head the performance of the functions of the Secretary under this Act, to the extent that the Secretary determines that the delegation would further the purposes of this Act. (c) Transfer of assets and personnel In connection with any delegation of functions under subsection (b), the Secretary may transfer to the department or agency concerned such assets, funds, personnel, records, and other property relating to the delegated function as the Secretary determines to be appropriate. (d) Authorities of the Secretary For purposes of performing the functions of the Secretary under this Act and subject to the availability of appropriations, the Secretary may— (1) enter into contracts; (2) employ experts and consultants in accordance with section 3109 of title 5, United States Code, at rates for individuals not to exceed the per diem rate equivalent to the rate for level IV of the Executive Schedule; and (3) utilize, on a reimbursable basis, the services, facilities, and personnel of other Federal agencies. 7. Personnel Effective on the abolishment date, there are transferred to the Department of the Treasury all individuals, other than members of the Board of Directors of the Bank, who— (1) immediately before the abolishment date, were officers or employees of the Bank; and (2) in their capacity as such an officer or employee, performed functions that are transferred to the Secretary under section 4(a)(2). 8. Transfer of Inspector General duties (a) Termination of the Office of Inspector General for the Export-Import Bank of the United States Notwithstanding any other provision of law, the Office of Inspector General for the Bank shall terminate on the abolishment date, and the assets and obligations of the Office shall be transferred to the Office of the Inspector General for the Department of the Treasury or otherwise disposed of. (b) Authority and responsibility for transfer or disposal The Secretary shall have the authority and responsibility for transfer or disposal under subsection (a). (c) Savings provision The provisions of this section shall not affect the performance of any pending audit, investigation, inspection, or report by the Office of the Inspector General for the Bank as of the abolishment date, with respect to functions transferred by this section. Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any performance under the same terms and conditions and to the same extent that such performance could have been discontinued or modified if this section had not been enacted. 9. Exercise of authorities Except as otherwise provided by law, a Federal official to whom a function is transferred by this Act may, for purposes of performing the function, exercise all authorities under any other provision of law that were available with respect to the performance of that function to the official responsible for the performance of the function immediately before the effective date of the transfer of the function under this Act. 10. Transfer of assets Except as otherwise provided in this Act, so much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with a function transferred to an official or agency by this Act shall be available to the official or the head of that agency, respectively, at such time or times as the Director of the Office of Management and Budget directs for use in connection with the functions transferred. 11. Delegation and assignment Except as otherwise expressly prohibited by law, an official to whom functions are transferred under this Act (including the head of any office to which functions are transferred under this Act) may delegate any of the functions so transferred to such officers and employees of the office of the official as the official may designate, and may authorize successive redelegations of such functions as may be necessary or appropriate. No delegation of functions under this section or under any other provision of this Act shall relieve the official to whom a function is transferred under this Act of responsibility for the administration of the function. 12. Authority of the Secretary of the Treasury with respect to functions transferred (a) Determinations If necessary, the Secretary shall make any determination of the functions that are transferred under this Act. (b) Incidental transfers The Secretary, at such time or times as the Secretary shall provide, may make such determinations as may be necessary with regard to the functions transferred by this Act, and to make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of this Act. 13. Savings provisions (a) Legal documents All orders, determinations, rules, regulations, permits, grants, loans, contracts, agreements, certificates, licenses, and privileges— (1) that have been issued, made, granted, or allowed to become effective by the President, the Bank, any officer or employee of any office transferred by this Act, or any other Government official, or by a court of competent jurisdiction, in the performance of any function that is transferred by this Act, and (2) that are in effect on the effective date of the transfer (or become effective after such date pursuant to their terms as in effect on such effective date), shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, any other authorized official, a court of competent jurisdiction, or operation of law. (b) Proceedings This Act shall not affect any proceedings or any application for any benefits, service, license, permit, certificate, or financial assistance pending on the date of the enactment of this Act before an office transferred by this Act, but such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted, and orders issued in any such proceeding shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be considered to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted. (c) Suits This Act shall not affect suits commenced before the date of the enactment of this Act, and in all such suits, proceeding shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been enacted. (d) Nonabatement of actions No suit, action, or other proceeding commenced by or against an office transferred by this Act, or by or against any individual in the official capacity of such individual as an officer or employee of such an office, shall abate by reason of the enactment of this Act. (e) Continuance of suits If any Government officer in the official capacity of such officer is party to a suit with respect to a function of the officer, and under this Act such function is transferred to any other officer or office, then such suit shall be continued with the other officer or the head of such other office, as applicable, substituted or added as a party. (f) Administrative procedure and judicial review Except as otherwise provided by this Act, any statutory requirements relating to notice, hearings, action upon the record, or administrative or judicial review that apply to any function transferred by this Act shall apply to the exercise of such function by the head of the Federal agency, and other officers of the agency, to which such function is transferred by this Act. 14. Availability of existing funds Existing appropriations and funds available for the performance of functions, programs, and activities terminated pursuant to this Act shall remain available, for the duration of their period of availability, for necessary expenses in connection with the termination and resolution of such functions, programs, and activities. 15. Conforming amendments and repeals (a) Repeal of primary authorizing statute The Export-Import Bank Act of 1945 (12 U.S.C. 635—635i–9) is hereby repealed. (b) Elimination of related authorizing provisions (1) Section 103 of the International Development and Finance Act of 1989 ( 12 U.S.C. 635 note; Public Law 101–240) is hereby repealed. (2) Section 303 of the Support for East European Democracy (SEED) Act of 1989 ( 12 U.S.C. 635 note; Public Law 101–179 ) is hereby repealed. (3) Section 1908 of the Export-Import Bank Act Amendments of 1978 ( 12 U.S.C. 635a–1 ) is amended— (A) by striking (a) ; and (B) by striking subsection (b). (4) Sections 1911 and 1912 of the Export-Import Bank Act Amendments of 1978 (12 U.S.C. 635a–2 and 635a–3) are hereby repealed. (5) Section 206 of the Bank Export Services Act ( 12 U.S.C. 635a–4 ) is hereby repealed. (6) Sections 1 through 5 of Public Law 90–390 (12 U.S.C. 635j through 635n) are hereby repealed. (7) Sections 641 through 647 of the Trade and Development Enhancement Act of 1983 (12 U.S.C. 635o–635t) are hereby repealed. (8) Section 534 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 ( 12 U.S.C. 635g note; Public Law 101–167 ) is amended by striking subsection (d). (9) Section 3302 of the Omnibus Trade and Competitiveness Act of 1988 ( 12 U.S.C. 635i–3 note; Public Law 100–418 ) is amended by striking subsection (a). (10) Section 1105(a) of title 31, United States Code, is amended by striking paragraph (34) and redesignating the succeeding paragraphs of such section as paragraphs (34) through (38), respectively. (11) Section 9101(3) of title 31, United States Code, is amended by striking subparagraph (C). (c) Elimination of related compensation provisions (1) Position at Level III Section 5314 of title 5, United States Code, is amended by striking the following item: President of the Export-Import Bank of Washington. . (2) Positions at Level IV Section 5315 of title 5, United States Code, is amended— (A) by striking the following item: First Vice President of the Export-Import Bank of Washington. ; and (B) by striking the following item: Members, Board of Directors of the Export-Import Bank of Washington. . (d) Elimination of office of inspector general for the bank Section 12 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in paragraph (1), by striking the President of the Export-Import Bank; ; and (2) in paragraph (2), by striking the Export-Import Bank, . (e) Effective date The repeals and amendments made by this section shall take effect on the abolishment date. (f) Report to the Congress on other amendments to Federal statute The Secretary shall submit to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a written report that contains suggestions for such other amendments to Federal statutes as may be necessary or appropriate as a result of this Act. 16. References Any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to a department or office from which a function is transferred by this Act— (1) to the head of such department or office is deemed to refer to the head of the department or office to which the function is transferred; or (2) to such department or office is deemed to refer to the department or office to which the function is transferred. 17. Definitions In this Act: (1) Function The term function includes any duty, obligation, power, authority, responsibility, right, privilege, activity, or program. (2) Office The term office includes any office, administration, agency, bureau, institute, council, unit, organizational entity, or component thereof.

https://www.govinfo.gov/content/pkg/BILLS-113hr2263ih/xml/BILLS-113hr2263ih.xml

113-hr-2264

I 113th CONGRESS 1st Session H. R. 2264 IN THE HOUSE OF REPRESENTATIVES June 5, 2013 Mrs. Blackburn introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide for enhanced Federal, State, and local assistance in the enforcement of the immigration laws, to amend the Immigration and Nationality Act, to authorize appropriations to carry out the State Criminal Alien Assistance Program, and for other purposes. 1. Short title; table of contents; State defined; severability (a) Short title This Act may be cited as the Clear Law Enforcement for Criminal Alien Removal Act of 2013 or the CLEAR Act of 2013 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents; State defined; severability. Sec. 2. Federal affirmation of assistance in the immigration law enforcement by States and political subdivisions of States. Sec. 3. State authorization for assistance in the enforcement of immigration laws encouraged. Sec. 4. Listing of immigration violators in the National Crime Information Center database. Sec. 5. State and local law enforcement provision of information about apprehended aliens. Sec. 6. Financial assistance to State and local police agencies that assist in the enforcement of immigration laws. Sec. 7. Increased Federal detention space. Sec. 8. Federal custody of aliens unlawfully present in the United States apprehended by State or local law enforcement. Sec. 9. Training of State and local law enforcement personnel relating to the enforcement of immigration laws. Sec. 10. Immunity. Sec. 11. Institutional removal program (IRP). Sec. 12. State criminal alien assistance program (SCAAP). Sec. 13. Authorization of appropriations. (c) State defined For purposes of this Act, the term State has the meaning given such term in section 101(a)(36) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(36) ). (d) Severability If any provision of this Act, or the application of such provision to any person or circumstance, is held invalid, the remainder of this Act, and the application of such provision to other persons not similarly situated or to other circumstances, shall not be affected by such invalidation. 2. Federal affirmation of assistance in the immigration law enforcement by States and political subdivisions of States Notwithstanding any other provision of law and reaffirming the existing inherent authority of States, law enforcement personnel of a State, or of a political subdivision of a State, have the inherent authority of a sovereign entity to investigate, identify, apprehend, arrest, detain, or transfer to Federal custody aliens in the United States (including the transportation of such aliens across State lines to detention centers), for the purposes of assisting in the enforcement of the immigration laws of the United States in the course of carrying out routine duties. This State authority has never been displaced or preempted by Congress. 3. State authorization for assistance in the enforcement of immigration laws encouraged (a) In general Effective two years after the date of the enactment of this Act, a State, or a political subdivision of a State, that has in effect a statute, policy, or practice that prohibits law enforcement officers of the State, or of a political subdivision of the State, from assisting or cooperating with Federal immigration law enforcement in the course of carrying out the officers’ routine law enforcement duties shall not receive any of the funds that would otherwise be allocated to the State under section 241(i) of the Immigration and Nationality Act ( 8 U.S.C. 1231(i) ). (b) Construction Nothing in this section shall require law enforcement officials from States, or from political subdivisions of States, to report or arrest victims or witnesses of a criminal offense. (c) Reallocation of funds Any funds that are not allocated to a State, or to a political subdivision of a State, due to the failure of the State, or of the political subdivision of the State, to comply with subsection (a) shall be reallocated to States, or to political subdivisions of States, that comply with such subsection. 4. Listing of immigration violators in the National Crime Information Center database (a) Provision of information to the NCIC Not later than 180 days after the date of the enactment of this Act and periodically thereafter as updates may require, the Under Secretary for Border and Transportation Security of the Department of Homeland Security shall provide the National Crime Information Center of the Department of Justice with such information as the Under Secretary may possess regarding any aliens against whom a final order of removal has been issued, any aliens who have signed a voluntary departure agreement, any aliens who have overstayed their authorized period of stay, and any aliens whose visas have been revoked. The National Crime Information Center shall enter such information into the Immigration Violators File of the National Crime Information Center database, regardless of whether— (1) the alien concerned received notice of a final order of removal; (2) the alien concerned has already been removed; or (3) sufficient identifying information is available with respect to the alien concerned. (b) Inclusion of information in the NCIC database (1) In general Section 534(a) of title 28, United States Code, is amended— (A) in paragraph (3), by striking and at the end; (B) by redesignating paragraph (4) as paragraph (5); and (C) by inserting after paragraph (3) the following new paragraph: (4) acquire, collect, classify, and preserve records of violations by aliens of the immigration laws of the United States, regardless of whether any such alien has received notice of the violation or whether sufficient identifying information is available with respect to any such alien and even if any such alien has already been removed from the United States; and . (2) Effective date The Attorney General shall ensure that the amendment made by paragraph (1) is implemented by not later than 6 months after the date of the enactment of this Act. 5. State and local law enforcement provision of information about apprehended aliens (a) Provision of information In compliance with section 642(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1373 ) and section 434 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1644 ), each State, and each political subdivision of a State, shall provide the Secretary of Homeland Security in a timely manner with the information specified in subsection (b) with respect to each alien apprehended in the jurisdiction of the State, or in the political subdivision of the State, who is believed to be in violation of the immigration laws of the United States. (b) Information required The information referred to in subsection (a) is as follows: (1) The alien’s name. (2) The alien’s address or place of residence. (3) A physical description of the alien. (4) The date, time, and location of the encounter with the alien and reason for stopping, detaining, apprehending, or arresting the alien. (5) If applicable, the alien’s driver’s license number and the State of issuance of such license. (6) If applicable, the type of any other identification document issued to the alien, any designation number contained on the identification document, and the issuing entity for the identification document. (7) If applicable, the license plate number, make, and model of any automobile registered to, or driven by, the alien. (8) A photo of the alien, if available or readily obtainable. (9) The alien’s fingerprints, if available or readily obtainable. (c) Annual report on reporting The Secretary shall maintain and annually submit to Congress a detailed report listing the States, or the political subdivisions of States, that have provided information under subsection (a) in the preceding year. (d) Reimbursement The Secretary of Homeland Security shall reimburse States, and political subdivisions of a State, for all reasonable costs, as determined by the Secretary, incurred by the State, or the political subdivision of a State, as a result of providing information under subsection (a). (e) Authorization of appropriations There is authorized to be appropriated to the Secretary such sums as are necessary to carry out this section. (f) Construction Nothing in this section shall require law enforcement officials of a State, or of a political subdivision of a State, to provide the Secretary of Homeland Security with information related to a victim of a crime or witness to a criminal offense. 6. Financial assistance to State and local police agencies that assist in the enforcement of immigration laws (a) Grants for special equipment for housing and processing certain aliens From amounts made available to make grants under this section, the Secretary of Homeland Security shall make grants to States, and to political subdivisions of States, for procurement of equipment, technology, facilities, and other products that facilitate and are directly related to investigating, apprehending, arresting, detaining, or transporting aliens who have violated the immigration law of the United States, including additional administrative costs incurred under this Act. (b) Eligibility To be eligible to receive a grant under this section, a State, or a political subdivision of a State, must have the authority to, and shall have a written policy and a practice to, assist in the enforcement of the immigration laws of the United States in the course of carrying out the routine law enforcement duties of such State or political subdivision of a State. Entities covered under this section may not have any policy or practice that prevents local law enforcement from inquiring about a suspect's immigration status. (c) Funding There is authorized to be appropriated to the Secretary for grants under this section such sums as may be necessary for fiscal year 2014 and each subsequent fiscal year. (d) GAO audit Not later than three years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct an audit of funds distributed to States, and to political subdivisions of a State, under subsection (a). 7. Increased Federal detention space (a) Construction or acquisition of detention facilities (1) In general The Secretary of Homeland Security shall construct or acquire, in addition to existing facilities for the detention of aliens, 20 detention facilities in the United States, for aliens detained pending removal from the United States or a decision regarding such removal. Each facility shall have a number of beds necessary to effectuate this purposes of this Act. (2) Determinations The location of any detention facility built or acquired in accordance with this subsection shall be determined by the Deputy Assistant Director of the Detention Management Division of the Immigration and Customs Enforcement Office of Detention and Removal within United States Immigration and Customs Enforcement. (b) Authorization of appropriations There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section. (c) Technical and conforming amendment Section 241(g)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1231(g)(1) ) is amended by striking may expend and inserting shall expend . 8. Federal custody of aliens unlawfully present in the United States apprehended by State or local law enforcement (a) State apprehension (1) In general Title II of the Immigration and Nationality Act (8 U.S.C. 1151 et seq.) is amended by inserting after section 240C the following: 240D. Custody of aliens unlawfully present in the United States (a) Transfer of custody by State and local officials If a State, or a political subdivision of the State, exercising authority with respect to the apprehension or arrest of an alien who is unlawfully present in the United States submits to the Secretary of Homeland Security a request that the alien be taken into Federal custody, the Secretary— (1) not later than 48 hours after the conclusion of the State, or the political subdivision of a State, charging process or dismissal process, or if no State or political subdivision charging or dismissal process is required, not later than 48 hours after the alien is apprehended, shall take the alien into the custody of the Federal Government and incarcerate the alien; or (2) shall request that the relevant State or local law enforcement agency temporarily incarcerate or transport the alien for transfer to Federal custody. (b) Policy on detention in State and local detention facilities In carrying out section 241(g)(1), the Attorney General or Secretary of Homeland Security shall ensure that an alien arrested under this Act shall be detained, pending the alien’s being taken for the examination under this section, in a State or local prison, jail, detention center, or other comparable facility. Notwithstanding any other provision of law or regulation, such facility is adequate for detention, if— (1) such a facility is the most suitably located Federal, State, or local facility available for such purpose under the circumstances; (2) an appropriate arrangement for such use of the facility can be made; and (3) such facility satisfies the standards for the housing, care, and security of persons held in custody of a United States marshal. (c) Reimbursement The Secretary of Homeland Security shall reimburse States, and political subdivisions of a State, for all reasonable expenses, as determined by the Secretary, incurred by the State, or political subdivision, as a result of the incarceration and transportation of an alien who is unlawfully present in the United States as described in subparagraphs (A) and (B) of subsection (a)(1). Compensation provided for costs incurred under such subparagraphs shall be the average cost of incarceration of a prisoner in the relevant State, as determined by the chief executive officer of a State, or of a political subdivision of a State, plus the cost of transporting the alien from the point of apprehension to the place of detention, and to the custody transfer point if the place of detention and place of custody are different. (d) Secure facilities The Secretary of Homeland Security shall ensure that aliens incarcerated in Federal facilities pursuant to this Act are held in facilities that provide an appropriate level of security. (e) Transfer (1) In general In carrying out this section, the Secretary of Homeland Security shall establish a regular circuit and schedule for the prompt transfer of apprehended aliens from the custody of States, and political subdivisions of a State, to Federal custody. (2) Contracts The Secretary may enter into contracts, including appropriate private contracts, to implement this subsection. (f) Definition For purposes of this section, the term alien who is unlawfully present in the United States means an alien who— (1) entered the United States without inspection or at any time, manner or place other than that designated by the Secretary of Homeland Security; (2) was admitted as a nonimmigrant and who, at the time the alien was taken into custody by the State, or a political subdivision of the State, had failed to— (A) maintain the nonimmigrant status in which the alien was admitted or to which it was changed under section 248; or (B) comply with the conditions of any such status; (3) was admitted as an immigrant and has subsequently failed to comply with the requirements of that status; or (4) failed to depart the United States under a voluntary departure agreement or under a final order of removal. . (2) Clerical amendment The table of contents of such Act is amended by inserting after the item relating to section 240C the following new item: Sec. 240D. Custody of aliens unlawfully present in the United States. . (b) GAO audit Not later than three years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct an audit of compensation to States, and to political subdivisions of a State, for the incarceration of aliens unlawfully present in the United States under section 240D(a) of the Immigration and Nationality Act (as added by subsection (a)(1)). 9. Training of State and local law enforcement personnel relating to the enforcement of immigration laws (a) Establishment of training manual and pocket guide Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall establish— (1) a training manual for law enforcement personnel of a State, or of a political subdivision of a State, to train such personnel in the investigation, identification, apprehension, arrest, detention, and transfer to Federal custody of aliens unlawfully present in the United States (including the transportation of such aliens across State lines to detention centers and the identification of fraudulent documents); and (2) an immigration enforcement pocket guide for law enforcement personnel of a State, or of a political subdivision of a State, to provide a quick reference for such personnel in the course of duty. (b) Availability The training manual and pocket guide established in accordance with subsection (a) shall be made available to all State and local law enforcement personnel. (c) Applicability Nothing in this section shall be construed to require State or local law enforcement personnel to carry the training manual or pocket guide with them while on duty. (d) Costs The Secretary of Homeland Security shall be responsible for any costs incurred in establishing the training manual and pocket guide. (e) Training flexibility (1) In general The Secretary of Homeland Security shall make training of State and local law enforcement officers available through as many means as possible, including through residential training at the Center for Domestic Preparedness, onsite training held at State or local police agencies or facilities, online training courses by computer, teleconferencing, and videotape, or the digital video display (DVD) of a training course or courses. E-learning through a secure, encrypted distributed learning system that has all its servers based in the United States, is scalable, survivable, and can have a portal in place not later than 30 days after the date of the enactment of this Act, shall be made available by the Federal Law Enforcement Training Center Distributed Learning Program for State and local law enforcement personnel. (2) Federal personnel training The training of State and local law enforcement personnel under this section shall not displace the training of Federal personnel. (3) Clarification Nothing in this Act or any other provision of law shall be construed as making any immigration-related training a requirement for, or prerequisite to, any State or local law enforcement officer to assist in the enforcement of Federal immigration laws in the normal course of carrying out the normal law enforcement duties of such officers. In carrying out this section, priority funding shall be given for existing web-based immigration enforcement training systems. 10. Immunity (a) Personal immunity Notwithstanding any other provision of law, a law enforcement officer of a State or local law enforcement agency who is acting within the scope of the officer’s official duties shall be immune, to the same extent as a Federal law enforcement officer, from personal liability arising out of the performance of any duty described in this Act. (b) Agency immunity Notwithstanding any other provision of law, a State or local law enforcement agency shall be immune from any claim for money damages based on Federal, State, or local civil rights law for an incident arising out of the enforcement of any immigration law, except to the extent a law enforcement officer of such agency committed a violation of Federal, State, or local criminal law in the course of enforcing such immigration law. 11. Institutional removal program (IRP) (a) Continuation and expansion (1) In general The Secretary of Homeland Security shall continue to operate and implement the program known as the Institutional Removal Program (IRP) which— (A) identifies removable criminal aliens in Federal and State correctional facilities; (B) ensures such aliens are not released into the community; and (C) removes such aliens from the United States after the completion of their sentences. (2) Expansion The Institutional Removal Program shall be extended to all States. Any State that receives Federal funds for the incarceration of criminal aliens shall— (A) cooperate with officials of the Institutional Removal Program; (B) expeditiously and systematically identify criminal aliens in its prison and jail populations; and (C) promptly convey such information to officials of such Program as a condition of receiving such funds. (b) Authorization for detention after completion of State or local prison sentence Law enforcement officers of a State, or of a political subdivision of a State, are authorized to— (1) hold a criminal alien for a period of up to 14 days after the alien has completed the alien’s State prison sentence in order to effectuate the transfer of the alien to Federal custody when the alien is removable or not lawfully present in the United States; or (2) issue a detainer that would allow aliens who have served a State prison sentence to be detained by the State prison until personnel from United States Immigration and Customs Enforcement can take the alien into custody. (c) Technology usage Technology such as video conferencing shall be used to the maximum extent practicable in order to make the Institutional Removal Program available in remote locations. Mobile access to Federal databases of aliens, such as IDENT, and live scan technology shall be used to the maximum extent practicable in order to make these resources available to State and local law enforcement agencies in remote locations. 12. State criminal alien assistance program (SCAAP) Section 241(i)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1231(i) ) is amended to read as follows: (5) There are authorized to be appropriated to carry out this subsection such sums as may be necessary for fiscal year 2014 and each subsequent fiscal year. . 13. Authorization of appropriations There are authorized to be appropriated to the Secretary for fiscal year 2014 and each subsequent fiscal year such sums as may be necessary to carry out this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2264ih/xml/BILLS-113hr2264ih.xml

113-hr-2265

I 113th CONGRESS 1st Session H. R. 2265 IN THE HOUSE OF REPRESENTATIVES June 5, 2013 Mr. Brady of Texas (for himself, Mr. Wittman , and Mr. Shimkus ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To direct the Secretary of the Interior to issue an oil and gas leasing program under section 18 of the Outer Continental Shelf Lands Act for the 5-year period 2016 through 2020, and for other purposes. 1. Short title This Act may be cited as the More Energy More Jobs Act . 2. Findings The Congress finds the following: (1) More than 85 percent of all offshore areas remain off-limits to oil and gas exploration. The current plan for offshore oil and gas development under the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ), the Five-Year OCS Oil and Gas Leasing Program for 2012–2017, scales back on previous draft plans by removing the Eastern Gulf of Mexico and areas in the Atlantic. It also excludes the entire Atlantic Coast, the entire Pacific Coast, and nearly all of the Eastern Gulf of Mexico, which have been little explored. (2) Many State governments have expressed a desire to proceed with oil and gas exploration and development off their coasts, but have not had the support of the Federal Government. (3) The Congress delegated its authority over Federal lands of the outer Continental Shelf (as that term is defined in the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. )), including for the offshore oil and gas leasing process, to the Secretary of the Interior under that Act. The Congress has the authority to enlarge the role of interested State governments. 3. Requirement to issue new 5-year oil and gas leasing program (a) In general (1) Requirement Not later than 24 months after the date of enactment of this Act, the Secretary of the Interior shall issue an oil and gas leasing program under section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) for the subsequent 5-year period. (2) Termination of existing program The Five-Year OCS Oil and Gas Leasing Program for 2012–2017 shall have no force or effect after the issuance of an oil and gas leasing program under this section. (b) Requirements for development of new leasing programs Section 18(c) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344(c) ) is amended by redesignating paragraphs (2) and (3) as paragraphs (5) and (6), and by inserting after paragraph (1) the following: (2) Development of program In preparing each leasing program under this section, the Secretary shall— (A) allow the Governor of a coastal State to nominate for leasing under such program areas of the outer Continental Shelf (as that term is used in that Act) that are adjacent to the waters of that State; (B) include each area nominated under subparagraph (A) in the draft leasing program under this section and consider leasing of such areas as an alternative Federal action; and (C) include in development of the program resource estimates that are available, and develop resource estimates for the areas for which such data are not available including for the areas nominated under subparagraph (A). (3) Inclusion of State-Nominated areas The Secretary shall include in the final program issued under this section each area nominated by a State under paragraph (2), unless the Secretary determines that the impacts of oil and gas development in a particular area cannot be effectively mitigated and the development is not in the national economic interest. If the Secretary omits any area nominated under paragraph (2), the Secretary shall submit to the Governor that nominated the area and the Committee on Natural Resources of the House of Representatives a report detailing why oil and gas development in such area is not in the national economic interest or why the impact of oil and gas development in such area could not be effectively mitigated, and what steps the Secretary took to try and do so. After submittal of such report to such Governors, each such Governor shall be provided 60 days within which to offer alternative views on why the Secretary’s findings are not consistent with the national economic interest and why oil and gas development in the area concerned can be effectively mitigated. (4) Notice of effectiveness of plan The Secretary shall publish in the Federal Register a notice of the effectiveness of each oil and gas leasing program issued under this section on the date such program takes effect. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2265ih/xml/BILLS-113hr2265ih.xml

113-hr-2266

I 113th CONGRESS 1st Session H. R. 2266 IN THE HOUSE OF REPRESENTATIVES June 5, 2013 Mr. Capuano introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Dodd-Frank Wall Street Reform and Consumer Protection Act to require certain systemically important entities to account for the financial benefit they receive as a result of the expectations on the part of shareholders, creditors, and counterparties of such entities that the Government will shield them from losses in the event of failure, and for other purposes. 1. Short title This Act may be cited as the Subsidy Reserve Act of 2013 . 2. Subsidy reserve Section 165 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5365 ) is amended by adding at the end the following: (l) Subsidy Reserve (1) In general Each nonbank financial company supervised by the Board of Governors and each bank holding company with total consolidated assets equal to or greater than $500,000,000,000 shall establish and maintain a capital account called the Subsidy Reserve . (2) Computation of benefit The Board of Governors shall, in consultation with the Council and the Office of Financial Research, and after notice and opportunity for a hearing, establish a formula for determining the financial benefit received by a company described under paragraph (1) as a result of the expectations on the part of shareholders, creditors, and counterparties of such company that the Government will shield such shareholders, creditors, and counterparties from losses in the event of the failure of such company. (3) Subsidy Reserve amount The Board of Governors shall require each company described under paragraph (1) to annually apply the formula established under paragraph (2) to its annual financial statement and maintain the resulting amount in the company’s Subsidy Reserve, in addition to any amounts so maintained from previous years. (4) Use of Subsidy Reserve amounts The amount of funds in the Subsidy Reserve may only be decreased if a company makes a sale of assets, spins off a subsidiary, or makes a similar divestiture, in which case the Subsidy Reserve may only be decreased in an amount, as determined by the Board of Governors, that reflects the amount of such sale, spin off, or similar divestiture, either on a pro rata basis or according to the risk weighting of the property sold, spun off, or divested. (5) Treatment of Subsidy Reserve amounts Amounts in the Subsidy Reserve may not be taken into account when determining the capital of the company for purposes of meeting any capital requirement. (6) Rulemaking The Board of Governors may issue such regulations and orders as it considers necessary to carry out this subsection. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2266ih/xml/BILLS-113hr2266ih.xml

113-hr-2267

I 113th CONGRESS 1st Session H. R. 2267 IN THE HOUSE OF REPRESENTATIVES June 5, 2013 Mr. Gene Green of Texas (for himself, Mr. Culberson , and Mr. Doyle ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To make the United States exclusively liable for certain claims of liability to the extent such liability is a claim for damages resulting from, or aggravated by, the inclusion of ethanol in transportation fuel. 1. Short title This Act may be cited as the American Fuel Protection Act of 2013 . 2. Findings The Congress finds as follows: (1) Ethanol is currently widely distributed in commerce for general use in all conventional gasoline-powered onroad and nonroad vehicles and nonroad engines in widespread use. (2) On November 4, 2010, The U.S. Environmental Protection Agency (EPA) granted a partial waiver under the Clean Air Act to increase the blending limit of ethanol into gasoline from 10 to 15 volume percent ethanol for model year 2007 and newer motor vehicles. (3) On January 26, 2011, the EPA granted a partial waiver under the Clean Air Act to increase the blending limit of ethanol into gasoline from 10 to 15 volume percent ethanol for model year 2001 to 2006 motor vehicles. (4) As part of EPA’s waiver decisions, the Administrator found that the increased ethanol will not cause or contribute to a failure of any emission control device or system over the useful life of the motor vehicle and motor vehicle engine which such fuel is used. (5) On June 27, 2011, the EPA, in consultation with the Federal Trade Commission (FTC) finalized labeling requirements for all fuels distributed in commerce that exceed the 10 volume percent ethanol blending limit into gasoline to disclose to consumers that using such fuels may harm older conventional vehicles, boats, and other gasoline powered engines. (6) Research has raised significant questions and concerns about the effects of using higher ethanol blends on for motor vehicle and equipment engines on the performance of such engines. (7) Effects such as increased engine failures, decreased engine performance, increased consumer complaints, increased litigation, or other unforeseen effects could have a significant impact on interstate commerce. (8) Federal testing on newer motor vehicles to determine the effects on motor vehicle engines of increasing the blending limit of ethanol into gasoline was lacking in scope. (9) Motor vehicle manufacturers have said damage caused by use of gasoline containing 15 volume percent ethanol may not be covered by warranties, and therefore use of the fuel may void the vehicle warranty. (10) It is appropriate for Congress to mitigate undue effects on parties engaged in interstate commerce resulting from a Federal decision to allow an increase of the current blending limit of ethanol into gasoline despite indications that the use of such fuel may cause damage to motor vehicles and equipment engines. 3. Liability for claims based on damages resulting from, or aggravated by, the inclusion of ethanol in certain fuel (a) Exclusive remedy against United States (1) Notwithstanding any other provision of law, any claim of liability described in subsection (b) against a qualified entity is deemed to be a claim of liability against the United States, and any such claim shall lie exclusively against the United States. (2) Sovereign immunity is abrogated as to the United States to the extent set forth in this section. (b) Claim of liability A claim of liability is described in this subsection to the extent such liability is based upon damages resulting from, or aggravated by, the use of any transportation fuel (as defined in section 211(o) of the Clean Air Act) containing ethanol in concentrations greater than 10 percent pursuant to a waiver under section 211(f)(4) of the Clean Air Act to operate an internal combustion engine. (c) Limit on damages Damages awarded for such a claim shall not exceed the actual damages sustained by the claimant. (d) Exclusive Jurisdiction The district courts shall have exclusive jurisdiction of any civil action on a claim of liability described under subsection (b). (e) Definition In this section, the term qualified entity means an entity engaged in the manufacture, use, sale, or distribution of— (1) transportation fuel or renewable fuel (as defined in section 211(o) of the Clean Air Act); or (2) products which use transportation fuel.

https://www.govinfo.gov/content/pkg/BILLS-113hr2267ih/xml/BILLS-113hr2267ih.xml

113-hr-2268

I 113th CONGRESS 1st Session H. R. 2268 IN THE HOUSE OF REPRESENTATIVES June 5, 2013 Mr. Loebsack (for himself and Mr. Polis ) 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 authorize a national elementary and secondary service-learning program that promotes student academic achievement, and for other purposes. 1. Short title This Act may be cited as the Engaging Students Through Service Learning Act . 2. K–12 service-learning program (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 Enhancing the effectiveness of K–12 education through service learning 2501. Findings The Congress finds as follows: (1) Students learn best when they are actively engaged in meaningful and challenging learning experiences that encourage higher order skills development, critical thinking, and problem solving. (2) Service learning is a pedagogy that encompasses key elements of effective teaching and learning, including active learning, authentic experiences, opportunities for peer collaboration, problem solving, student leadership and empowerment, and cognitively challenging academic activities. (3) Students invest themselves in learning when their educational experiences have personal meaning to them and are connected to authentic, real issues in their everyday lives. (4) In service learning, students apply their knowledge and skills to solve actual community problems and experience the real-world value of what they are learning in school. Service learning can therefore have a powerful effect on students, increasing their academic engagement, their civic engagement and their social and emotional development. (5) Service learning can have a powerful effect on students, helping them to increase their academic engagement and performance, their civic engagement and desire to help others, and their social-emotional learning in areas related to 21st century skill acquisition, such as task persistence, intellectual curiosity, and ability to work in teams. (6) In service learning, students connect to the community and to their classmates in ways that are far more powerful than simple cooperative learning. (7) Service learning has been found to promote behavioral and dispositional factors that mediate students’ educational success such as greater motivation for school, engagement in learning tasks, building of self-efficacy and self-esteem, and propensity to engage in pro-social behaviors. (8) Research has demonstrated that test scores of students who participated in service learning are higher in reading, writing, mathematics, social studies, and science than those of non-participants. (9) High-quality service learning will improve student achievement and our schools because it employs effective, experiential learning strategies associated with student engagement in academic work and preparation for success in college and the workplace, engages students in solving complex problems, probes for deeper learning, and seeks opportunities for students to transfer knowledge from one context to another. (10) Principals report that service learning has a positive impact on teacher satisfaction, school climate, academic achievement, and school engagement. (11) Teachers who use service learning in the classroom as a type of positive teaching strategy achieve better results in a variety of academic and behavioral categories than those who don’t, are more effective, challenged, and energized, and are more likely to remain within their chosen profession. (12) Only an estimated 24 percent of the approximately 53,300,000 K–12 youth in the United States are given the opportunity to engage in any kind of service-learning experience, a decline from 32 percent in 1999. (13) Schools in high-poverty areas are less likely to employ service learning as a teaching strategy, yet research has shown this is a particularly effective pedagogy for use in such schools. Service learning can significantly reduce the achievement gap between affluent and low-income students. Low-income students who participated in service opportunities have better school attendance and grades than low-income students who do not participate. (14) There is a need for a rigorous and focused initiative to demonstrate and broadly promote high-quality service learning that enhances teacher effectiveness, improves student learning and educational success, and positively affects school climate. (15) State educational agencies are the only entities with comprehensive, statewide responsibility for the quality of learning within a State. 2502. Purpose The purpose of this part is to authorize a national service-learning program that will expand opportunities for students in elementary and secondary schools to engage in high-quality service learning that— (1) promotes student achievement in academic subjects, including science, technology, engineering, and mathematics; (2) incorporates 21st century skills, such as critical thinking, problem solving and collaboration; (3) integrates content knowledge and use of technology; (4) enhances school climate and civic engagement; and (5) prepares students for college or a career. 2503. National activities The Secretary shall reserve funds for national activities as follows: (1) The Secretary shall reserve not more than 10 percent of the appropriation for this program in any fiscal year to establish a National Center for K–12 Service Learning— (A) to provide technical assistance to State educational agencies to develop and expand the capacity of local educational agencies to improve teacher quality, school climate, and educational outcomes by providing an infrastructure for sustainable service-learning efforts through vision and leadership, professional development, curriculum and assessment, school-community collaborations, and continuous improvement; and (B) to provide oversight, coordinate with key Federal education initiatives, foster sustainability, provide evidence for the strengths and limitations of service-learning practices, and disseminate study findings. (2) The Secretary shall reserve not more than 10 of the appropriation for this program in any fiscal year percent for research and evaluation activities, including a study, conducted by the Institute of Education Sciences using data culled from the State longitudinal data systems authorized under title II of the Educational Technical Assistance Act of 2002, on the effects of academic service learning on instructional quality and the academic success of students in low-performing schools. The study shall include the following elements: (A) A comprehensive, rigorous research design that builds on prior studies on effective pedagogies, service learning, and student success. (B) Gathering qualitative and quantitative data to comprehensively assess the impact service learning has on students’ academic, civic, and behavioral performance, including student engagement. (C) Identifying, tracking, and measuring the success of systemic, district-level change based on exemplary service-learning policies and practices. (D) Measuring the effectiveness of a high-quality professional development leadership system, including the effect the professional development provided under this section has on teaching and pedagogy, including the impact on teachers likelihood of providing students with real-world problem-solving opportunities, opportunities for deeper learning and tying academic concepts to real-world contexts, opportunities for leadership, and opportunities for peer collaboration. (E) Systematically measuring the influence of service-learning participation on students’ academic achievement within and across States. (F) Reporting annually to the public and the Congress. (3) The Secretary shall reserve not more than 5 percent of the appropriation for this program in any fiscal year for training and technical assistance for State-level program development consistent with the purposes of this Act. The Secretary shall contract with an entity, or entities, with a demonstrated record of achievement in promoting and disseminating best practices in service learning— (A) to continually scan the field and build an ever-expanding knowledge base of exemplary service-learning models; (B) to help ensure the dissemination, adoption, and continuous improvement of these exemplary practices at the State and local level; and (C) to conduct specific activities, including— (i) developing and disseminating exemplary program models that demonstrate how high-quality service-learning programs can be replicated and can become sustainable at the State and local level by advancing the use of service learning as a high-quality instructional pedagogy; (ii) providing resources to support effective policy development at the State and local level to advance efforts with respect to high-quality teachers and the equitable distribution of high-quality teachers; and (iii) providing exemplary professional development models and technical assistance materials to any interested party. 2504. State activities (a) Grants A State educational agency desiring a grant under this part shall submit an application to the Secretary that includes an assurance that, not later than 90 days after receiving a grant— (1) all local educational agencies in the State will have access to high-quality professional development and peer mentoring through a cascade model, including resources and ongoing support to transform instructional practices; (2) the State educational agency will implement strategies for improvement in the lowest performing geographic areas utilizing service-learning policies and practices, National School Climate Standards, and exemplary practices for enhancing teacher quality; (3) the State educational agency will establish State policies and support systems that are designed to result in effective programs; and (4) the State educational agency will establish partnerships with entities, such as institutions of higher education, institutions of teacher training, and nonprofit organizations with a demonstrated record of experience in school-based service learning, to develop systemic implementation of service learning in teacher preparation and professional development. (b) Service-Learning specialist Of the funds made available to a State educational agency under this part, the agency shall reserve a portion of those funds appropriated to support a service-learning specialist who acts as a conduit of information between the State and local level, provides training and technical assistance, program improvement, and progress monitoring. (c) State-Level activities Of the funds made available to a State educational agency under this part, the agency shall reserve 30 percent to support the following: (1) Collaboration and mentoring to increase consistency in implementation across States to ensure high-quality practice and sustainability. (2) Implementation of a statewide cascade professional development model. (3) On-site support and mentoring of local educational agencies. (4) Dissemination of resources to support implementation, capacity building, and sustainability of local efforts, including through grants or contracts with qualified national intermediaries or community-based organizations. 2505. Subgrants to local educational agencies (a) In general A State educational agency that receives funds under this part shall use the funds remaining after the application of section 2504 to make subgrants to local educational agencies that use— (1) the service-learning model to strengthen the content area disciplines and implementation of key educational innovations in schools with a high percentage of underperforming youth; and (2) a cascade professional development model to bring practice to scale. (b) Competitive subgrants Subgrants under subsection (a) shall be made on a competitive basis with consideration for geographic diversity, including distribution between urban and rural local educational agencies. In making awards, the State educational agency must give priority to local educational agencies with high proportions of students living in poverty or performing below grade level. (c) Application A local educational agency applying for a subgrant under this section shall submit an application to the State educational agency that includes information on how— (1) funds will be used to participate in the cascade professional development model, ensure sustainability, and replicate the service-learning model to increase academic engagement and performance in content area courses, increase civic skills and engagement, and enable students in low-performing schools to help their own communities by giving them the knowledge, skills, and opportunities necessary to participate in high-quality service-learning experiences; (2) educators will— (A) receive support in using instructional practices that incorporate the application of academic knowledge and skills to address relevant needs in their community; and (B) identify current data, set measurable goals for their instructional activities, and measure impact on both students and the community; and (3) partnerships will be established to create a community-wide expectation that service learning is an essential part of a high-quality education. 2506. Definition of cascade professional development model In this part, the term cascade professional development model means a professional development model in which specialists are trained in high-quality practice and delivery of professional development. These experts then train educators, who are responsible for training, mentoring, and supporting their peers. This model allows for replication of effective practice and increased consistency in quality among all States. 2507. 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 for each of the 5 succeeding fiscal years. . (b) Conforming amendment The table of contents for the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 2441 the following: Part E—Enhancing the effectiveness of K–12 education through service learning Sec. 2501. Findings. Sec. 2502. Purposes. Sec. 2503. National activities. Sec. 2504. State activities. Sec. 2505. Subgrants to local educational agencies. Sec. 2506. Definition of cascade professional development model. Sec. 2507. Authorization of appropriations. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2268ih/xml/BILLS-113hr2268ih.xml

113-hr-2269

I 113th CONGRESS 1st Session H. R. 2269 IN THE HOUSE OF REPRESENTATIVES June 5, 2013 Mr. Michaud introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title I of the Omnibus Crime Control and Safe Streets Act of 1968 to allow funds provided under the Matching Grant Program for School Security to be used to improve information sharing between law enforcement and schools, and for other purposes. 1. Short title This Act may be cited as the Multi-Hazard School Disaster Planning and Response Act of 2013 . 2. Expanding permissible uses of funds under the Matching Grant Program for School Security to improve information sharing between law enforcement and schools (a) In general Section 2701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797a(b)) is amended— (1) in subsection (b)— (A) by redesignating paragraph (5) as paragraph (6); and (B) by inserting after paragraph (4) the following new paragraph: (5) Any law enforcement and school information sharing activity described in subsection (g)(1). ; and (2) by adding at the end the following new subsection: (g) Law enforcement and school information sharing activities (1) In general For purposes of subsection (b)(5), a law enforcement and school information sharing activity described in this paragraph is any of the following activities conducted in accordance with paragraphs (3) and (4): (A) Establishing or improving an electronic data management system for the purpose of sharing specified emergency response plan data with first responders. (B) Assisting local law enforcement and local schools with costs associated with collecting information on, evaluating, updating, and digitizing specified emergency response plan data and making such plans electronically available to local dispatch centers and first responders through mobile data terminals and mobile data computers. (C) Enabling law enforcement to consult with schools to develop emergency plans, including specified emergency response plan data, in order to ensure such plans are comprehensive, complete, and current. (2) Specified emergency response plan data For purposes of paragraph (1), the term specified emergency response plan data means, with respect to a school, emergency plan and response information, as specified by the Attorney General, for such school— (A) that includes floor plans, aerial and internal photographs, and key emergency contact information for administrative personnel, custodial staff, and relevant service vendors for such school; and (B) that is to be shared, in accordance with paragraph (3), with only first responders. (3) Dissemination of data Any specified emergency response plan data that is disseminated through a law enforcement and school information sharing activity for which funds are made available under this part shall be so disseminated only to a local dispatch center for first responders through an electronic means and for purposes of being made available to mobile data terminals or mobile data computers of first responders. (4) Review and update of data Any specified emergency response plan data that is disseminated through a law enforcement and school information sharing activity for which funds are made available under a grant under this part shall be annually reviewed by the State, unit of local government, or Indian tribe receiving such grant and updated as necessary. . (b) Preferential consideration for applications for new authorized uses Section 2701(c) of such Act (42 U.S.C. 3797a(c)) is amended— (1) by striking Consideration.— In awarding and inserting the following: Considerations.— (1) In general Subject to paragraph (2), in awarding ; and (2) by adding at the end the following new paragraph: (2) Preferential consideration for applications for information sharing purposes In awarding grants under this part for a use described in subsection (b)(5), the Director shall give preferential consideration, if feasible, to an application from a jurisdiction that demonstrates the activity for which the grant will be used will cover a significant number of schools, demonstrates such jurisdiction uses (or will use such grant to develop) an electronic record management system that is compatible across multiple jurisdictions, or demonstrates community interest with respect to such activity for which the grant will be used. . (c) Funding (1) Reauthorization of program Section 2705 of such Act ( 42 U.S.C. 3797e ) is amended by striking 2001 through 2009 and inserting 2014 through 2017 . (2) Additional authorization for funds for new authorized uses Such section is further amended by adding at the end the following new sentence: In addition to the amounts authorized to be appropriated under the previous sentence for a fiscal year, there is authorized to be appropriated for grants under this part for a use described in section 2701(b)(5), $10,000,000 for each of fiscal years 2014 through 2017. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2269ih/xml/BILLS-113hr2269ih.xml

113-hr-2270

I 113th CONGRESS 1st Session H. R. 2270 IN THE HOUSE OF REPRESENTATIVES June 5, 2013 Mr. Nunes (for himself and Mr. Valadao ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To impose enhanced penalties for certain drug offense that take place on Federal property. 1. Cultivating or manufacturing controlled substances on Federal property Section 401(b)(5) of the Controlled Substances Act ( 21 U.S.C. 841(b)(5) ) is amended by striking as provided in this subsection and inserting for not more than 10 years, in addition to any other term of imprisonment imposed under this subsection, . 2. Use of hazardous substances Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall amend the Federal Sentencing Guidelines and policy statements to ensure that the guidelines provide an additional penalty increase of 2 offense levels above the sentence otherwise applicable for a violation of section 401(a) of the Controlled Substances Act ( 21 U.S.C. 841(a) ) if the offense— (1) includes the use of a poison, chemical, or other hazardous substance to cultivate or manufacture controlled substances on Federal property; (2) creates a hazard to humans, wildlife, or domestic animals; (3) degrades or harms the environment or natural resources; or (4) pollutes an aquifer, spring, stream, river, or body of water. 3. Stream diversion or clear cutting on Federal property (a) Prohibition on stream diversion or clear cutting on Federal property Section 401(b) of the Controlled Substances Act is amended by adding at the end the following: (8) Destruction of bodies of water Any person who violates subsection (a) in a manner that diverts, redirects, obstructs, or drains an aquifer, spring, stream, river, or body of water or clear cuts timber while cultivating or manufacturing a controlled substance on Federal property shall be fined in accordance with title 18, United States Code. . (b) Federal Sentencing Guidelines enhancement Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall amend the Federal Sentencing Guidelines and policy statements to ensure that the guidelines provide an additional penalty increase of 2 offense levels for above the sentence otherwise applicable for a violation of section 401(a) of the Controlled Substances Act ( 21 U.S.C. 841(a) ) if the offense involves the diversion, redirection, obstruction, or draining of an aquifer, spring, stream, river, or body of water or the clear cut of timber while cultivating or manufacturing a controlled substance on Federal property. 4. Booby traps on Federal land Section 401(d)(1) of the Controlled Substances Act ( 21 U.S.C. 841(d)(1) ) is amended by inserting cultivated, after is being . 5. Use or possession of firearms in connection with drug offenses on Federal lands Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall amend the Federal Sentencing Guidelines and policy statements to ensure that the guidelines provide an additional penalty increase of 2 offense levels above the sentence otherwise applicable for a violation of section 401(a) of the Controlled Substances Act ( 21 U.S.C. 841(a) ) if the offense involves the possession of a firearm while cultivating or manufacturing controlled substances on Federal lands.

https://www.govinfo.gov/content/pkg/BILLS-113hr2270ih/xml/BILLS-113hr2270ih.xml

113-hr-2271

I 113th CONGRESS 1st Session H. R. 2271 IN THE HOUSE OF REPRESENTATIVES June 5, 2013 Mr. Thompson of Mississippi introduced the following bill; which was referred to the Committee on Natural Resources A BILL To authorize the acquisition of core battlefield land at Champion Hill, Port Gibson, and Raymond for addition to Vicksburg National Military Park. 1. Short title This Act may be cited as the Champion Hill, Port Gibson, and Raymond Battlefields Addition Act . 2. Vicksburg National Military Park (a) Acquisition of land (1) In general The Secretary of the Interior (referred to in this Act as the Secretary ) may acquire the land or interests in land within the area identified as Modified Core Battlefield for the Port Gibson Unit, the Champion Hill Unit, and the Raymond Unit and the area identified as Golden West Cemetery in Port Gibson, as generally depicted on the map entitled Vicksburg National Military Park–Proposed Battlefield Additions , numbered 306/100986A, and dated April 2011. (2) Methods of acquisition Land and interests in land may be acquired under paragraph (1) by donation, purchase from a willing seller with donated or appropriated funds, or exchange, except that land owned by the State of Mississippi or any political subdivisions of the State may be acquired only by donation. (b) Availability of map The map described in subsection (a)(1) shall be on file and available for public inspection in the appropriate offices of the National Park Service. (c) Boundary adjustment On the acquisition of land by the Secretary under subsection (a)— (1) the acquired land shall be added to Vicksburg National Military Park; (2) the boundary of the Vicksburg National Military Park shall be adjusted to reflect the acquisition of the land; and (3) the acquired land shall be administered as part of the Vicksburg National Military Park in accordance with applicable laws (including regulations).

https://www.govinfo.gov/content/pkg/BILLS-113hr2271ih/xml/BILLS-113hr2271ih.xml

113-hr-2272

I 113th CONGRESS 1st Session H. R. 2272 IN THE HOUSE OF REPRESENTATIVES June 6, 2013 Mr. McKinley (for himself and Mr. Owens ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To direct the Secretary of Defense to establish an electronic means by which members of the Ready Reserves of the Armed Forces may track their active-duty service. 1. Electronic tracking of certain reserve duty The Secretary of Defense shall establish an electronic means by which members of the Ready Reserve of the Armed Forces can track their operational active-duty service performed after January 28, 2008, under section 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10, United States Code. The tour calculator shall specify early retirement credit authorized for each qualifying tour of active duty, as well as cumulative early reserve retirement credit authorized to date under section 12731(f) of such title.

https://www.govinfo.gov/content/pkg/BILLS-113hr2272ih/xml/BILLS-113hr2272ih.xml

113-hr-2273

I 113th CONGRESS 1st Session H. R. 2273 IN THE HOUSE OF REPRESENTATIVES June 6, 2013 Mrs. Miller of Michigan (for herself, Mr. Huizenga of Michigan , Ms. Slaughter , Mr. Higgins , Mr. Benishek , and Mr. Rogers of Michigan ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To implement a program establishing the Great Lakes Navigation System, and for other purposes. 1. Short title This Act may be cited as the Great Lakes Navigation System Sustainability Act of 2013 . 2. Definitions In this Act the term— (1) Great Lakes and Great Lakes Navigational System means— (A)(i) Lake Superior; (ii) Lake Huron; (iii) Lake Michigan; (iv) Lake Erie; and (v) Lake Ontario; (B) all connecting waters between the lakes referred to in subparagraph (A) used for commercial and recreational navigation; (C) any navigation features in the lakes referred to in subparagraph (A) or waters described in subparagraph (B) that are a Federal operation or maintenance responsibility; and (D) areas of the Saint Lawrence River that are operated or maintained by the Government for commercial navigation. (2) eligible operations and maintenance has the same meaning as that term is defined in section 214 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2241 ); (3) Secretary means the Secretary of the Army. 3. Great Lakes Navigation System (a) Management of Great Lakes Navigation System To sustain the most effective and efficient operation and maintenance of the Great Lakes Navigation System, the Secretary, acting through the Chief of Engineers, shall manage and allocate funding for all of the individually authorized commercial and recreational navigation projects in the Great Lakes Navigation System as components of a single, comprehensive system, recognizing the interdependence of the projects. (b) Cargo measurements Cargo measurements for the purpose of prioritizing annual operations and maintenance budget resources for the Great Lakes Navigation System, and for any of the component projects of the System, shall aggregate the tonnage of all components of the System. 4. Great Lakes System Sustainability (a) In general The Secretary, acting through the Chief of Engineers, shall establish a program to fund eligible operations and maintenance projects of the Great Lakes Navigation System with the objective of maintaining such projects to their authorized depths and widths. (b) Consultation The Secretary shall consult with the Congressional delegations from States that border the Great Lakes in developing annual priorities for the apportionment of funding authorized to be appropriated pursuant to this section. (c) Authorization of Appropriations For each of fiscal years 2014 through 2023, there is authorized to be appropriated from the Harbor Maintenance Trust Fund established by section 9505 of the Internal Revenue Code $200,000,000 to fund eligible operations and maintenance of the Great Lakes Navigation System. Funds appropriated pursuant to this section may remain available until expended. (d) Cost Share (1) In general Of the amounts made available pursuant to subsection (c), the Secretary, acting through the Chief of Engineers, shall give a higher priority to projects described in paragraph (2) than to projects described in paragraph (3). (2) Certain harbors providing a cost share (A) Not subject to harbor maintenance fee A Great Lakes Navigation System project that is not subject to the harbor maintenance fee under section 24.24 of title 19, Code of Federal Regulations (or successor regulations) and for which the non-Federal sponsor provides a cost share of 50 percent of the costs of eligible operations and maintenance expenses, is eligible for Federal operations and maintenance funds made available pursuant to subsection (c). (B) Subject to harbor maintenance trust fund but no cargo A Great Lakes Navigation System project that is subject to the harbor maintenance fee under section 24.24 of title 19, Code of Federal Regulations (or successor regulations), has not had commercial cargo loaded or unloaded from its harbor during the previous 2 fiscal years, and for which the non-Federal sponsor provides a cost share of 50 percent of the costs of eligible operations and maintenance expenses is eligible for Federal operations and maintenance funds made available pursuant to subsection (c). (3) Certain harbors with no cost share A Great Lakes Navigation System project that otherwise meets the description in subparagraphs (A) or (B) of paragraph (2), and for which the non-Federal sponsor of the project does not provide a cost share of 50 percent of the costs of eligible operations and maintenance expenses, is eligible to receive Federal operations and maintenance funds made available pursuant to subsection (c) after projects under such subparagraphs are funded.

https://www.govinfo.gov/content/pkg/BILLS-113hr2273ih/xml/BILLS-113hr2273ih.xml

113-hr-2274

I 113th CONGRESS 1st Session H. R. 2274 IN THE HOUSE OF REPRESENTATIVES June 6, 2013 Mr. Huizenga of Michigan (for himself, Mr. Higgins , and Mr. Posey ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Securities Exchange Act of 1934 to provide for a notice-filing registration procedure for brokers performing services in connection with the transfer of ownership of smaller privately held companies and to provide for regulation appropriate to the limited scope of the activities of such brokers. 1. Short title This Act may be cited as the Small Business Mergers, Acquisitions, Sales, and Brokerage Simplification Act of 2013 . 2. Merger and acquisition brokers (a) In general Section 15(b) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78o(b) ) is amended by adding at the end the following: (13) Merger and acquisition brokers (A) Registration by notice-filing Notwithstanding paragraphs (1) and (2), an M&A broker may register for purposes of this section by filing with the Commission an electronic notice in such form and containing such information concerning the M&A broker and any persons associated with the M&A broker as the Commission may by rule prescribe as necessary or appropriate in the public interest or for the protection of investors. (B) Effectiveness of registration (i) Immediate Except as provided in clause (ii), the registration of an M&A broker under subparagraph (A) shall become effective upon receipt by the Commission of a properly completed notice from the M&A broker under such subparagraph. (ii) Commission approval required The registration of an M&A broker under subparagraph (A) shall not become effective without approval by the Commission if the M&A broker or a person associated with the M&A broker is subject to— (I) suspension or revocation of registration under paragraph (4); (II) a statutory disqualification (except that the date of the filing of the notice under subparagraph (A) shall be substituted for the date referred to in section 3(a)(39)(F)); or (III) disqualification under the rules adopted by the Commission under section 926 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 15 U.S.C. 77d note) (except that the date of the filing of the notice under subparagraph (A) shall be substituted for the date referred to in paragraph (2)(A)(ii) of such section). (C) Updated information If the information contained in a notice filed under subparagraph (A) becomes inaccurate or incomplete in any material respect, the M&A broker shall update such information in a form and manner to be specified by the Commission. (D) Public availability The Commission shall make publicly available on the website of the Commission the information provided in a notice filed under subparagraph (A), as updated under subparagraph (C). (E) Disclosure to clients The Commission may require an M&A broker registered under subparagraph (A) to deliver to the clients of the M&A broker a disclosure document describing the M&A broker and the affiliates, associated persons, services, and fees of the M&A broker, any conflicts of interest of the M&A broker, and such other information as the Commission considers necessary or appropriate in the public interest or for the protection of investors. (F) Exemptions for M&A brokers To the extent that the activities of an M&A broker registered under subparagraph (A) are within the scope of the activities described in subparagraph (K)(iii), the M&A broker (and any persons associated with the M&A broker) shall be exempt from— (i) except as provided in subparagraph (G), the requirements of this Act that apply to a broker registered, or required to be registered, under this subsection (or to any persons associated with such a broker, as the case may be); and (ii) the Securities Investor Protection Act of 1970 ( 15 U.S.C. 78aaa et seq. ). (G) Provisions applicable to M&A brokers (i) In general The following provisions shall apply to an M&A broker registered under subparagraph (A) (or to any persons associated with the M&A broker, as the case may be): (I) This paragraph and paragraphs (4), (5), (6), and (7). (II) Subsection (a), paragraphs (1)(A) and (3)(A) of subsection (c), and subsection (g). (III) Subsections (a)(1) and (b)(1) of section 17. (ii) Tailored application In applying subsection (c)(3)(A) of this section and subsections (a)(1) and (b)(1) of section 17 to M&A brokers, the Commission shall take into account the nature of the transactions in which M&A brokers are involved, the involvement of the parties to such transactions in such transactions, and the limited scope of the activities of M&A brokers under subparagraph (K)(iii), including that M&A brokers do not have custody of the funds or securities to be exchanged by the parties to such transactions. (iii) State law preemption Subsection (i)(1) shall govern the relationship between the requirements applicable to M&A brokers under this Act and the requirements applicable to M&A brokers under the law of a State or a political subdivision of a State. Except as provided in such subsection, this paragraph shall not preempt the law of a State or a political subdivision of a State applicable to M&A brokers. (H) Excluded activities An M&A broker may not in reliance on this paragraph do any of the following: (i) Directly or indirectly, in connection with the transfer of ownership of an eligible privately held company, receive, hold, transmit, or have custody of the funds or securities to be exchanged by the parties to the transaction. (ii) Engage on behalf of an issuer in a public offering of any class of securities that is registered, or is required to be registered, with the Commission under section 12 or with respect to which the issuer files, or is required to file, periodic information, documents, and reports under section 15(d). (I) Coordination with the States In establishing appropriate uniform and consistent standards of training, experience, competence, and other qualifications under paragraph (7) for persons associated with an M&A broker, and in prescribing the form and content of the notice described in subparagraph (A), the Commission shall cooperate, coordinate, and share information with any association composed of duly constituted representatives of State governments the primary assignment of which is the regulation of the securities business within such States. (J) Regulations Not later than 180 days after the date of the enactment of this paragraph, the Commission shall promulgate regulations to— (i) implement and enforce this paragraph; and (ii) codify the interpretative guidance issued by the staff of the Commission in the no-action letter to International Business Exchange Corporation dated December 12, 1986, and in the no-action letter to Country Business, Inc., dated November 8, 2006, with respect to circumstances under which registration as a broker under this section is not required. (K) Definitions In this paragraph: (i) Control The term control means the power, directly or indirectly, to direct the management or policies of a company, whether through ownership of securities, by contract, or otherwise. There is a presumption of control for any person who— (I) is a director, general partner, member or manager of a limited liability company, or officer exercising executive responsibility (or has similar status or functions); (II) has the right to vote 25 percent or more of a class of voting securities or the power to sell or direct the sale of 25 percent or more of a class of voting securities; or (III) in the case of a partnership or limited liability company, has the right to receive upon dissolution, or has contributed, 25 percent or more of the capital. (ii) Eligible privately held company The term eligible privately held company means a company that meets both of the following conditions: (I) The company does not have any class of securities registered, or required to be registered, with the Commission under section 12 or with respect to which the company files, or is required to file, periodic information, documents, and reports under section 15(d). (II) In the fiscal year ending immediately before the fiscal year in which the services of the M&A broker are initially engaged with respect to the securities transaction, the company meets either or both of the following conditions (determined in accordance with the historical financial accounting records of the company): (aa) The earnings of the company before interest, taxes, depreciation, and amortization are less than $25,000,000. (bb) The gross revenues of the company are less than $250,000,000. (iii) M&A broker The term M&A broker means a broker engaged in the business of effecting the transfer of ownership of an eligible privately held company, regardless of whether the broker acts on behalf of a seller or buyer, through the purchase, sale, exchange, issuance, repurchase, or redemption of, or a business combination involving, securities or assets of the eligible privately held company, if the broker reasonably believes that— (I) upon consummation of the transaction, any person acquiring securities or assets of the eligible privately held company, acting alone or in concert, will control and, directly or indirectly, will be active in the management of the eligible privately held company or the business conducted with the assets of the eligible privately held company; and (II) if any person is offered securities in exchange for securities or assets of the eligible privately held company, such person will, prior to becoming legally bound to consummate the transaction, receive or have reasonable access to the most recent year-end balance sheet, income statement, statement of changes in financial position, and statement of owner’s equity of the issuer of the securities offered in exchange, and, if the financial statements of the issuer are audited, the related report of the independent auditor, a balance sheet dated not more than 120 days before the date of the offer, and information pertaining to the management, business, results of operations for the period covered by the foregoing financial statements, and material loss contingencies of the issuer. (L) Inflation adjustment (i) In general On the date that is 5 years after the Commission first promulgates final regulations under subparagraph (J), and every 5 years thereafter, each dollar amount in subparagraph (K)(ii)(II) shall be adjusted by— (I) dividing the annual value of the Employment Cost Index For Wages and Salaries, Private Industry Workers (or any successor index), as published by the Bureau of Labor Statistics, for the calendar year preceding the calendar year in which the adjustment is being made by the annual value of such index (or successor) for the calendar year ending December 31, 2012; and (II) multiplying such dollar amount by the quotient obtained under subclause (I). (ii) Rounding Each dollar amount determined under clause (i) shall be rounded to the nearest multiple of $100,000. . (b) Effective date Paragraph (13) of section 15(b) of the Securities Exchange Act of 1934, as added by subsection (a), except subparagraph (J) of such paragraph, shall take effect on the date that is 180 days after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2274ih/xml/BILLS-113hr2274ih.xml

113-hr-2275

I 113th CONGRESS 1st Session H. R. 2275 IN THE HOUSE OF REPRESENTATIVES June 6, 2013 Ms. Slaughter introduced the following bill; which was referred to the Committee on Ways and Means A BILL To treat payments by charitable organizations with respect to certain firefighters as exempt payments. 1. Short title This Act may be cited as the Fallen Firefighters Assistance Tax Clarification Act of 2013 . 2. Payments by charitable organizations with respect to certain firefighters treated as exempt payments (a) In general For purposes of the Internal Revenue Code of 1986, payments made on behalf of any firefighter who died or was injured as a result of the ambush of firefighters responding to an emergency on December 24, 2012, in Webster, New York, to any family member of such firefighter or aforementioned injured firefighters by an organization described in paragraph (1) or (2) of section 509(a) of such Code shall be treated as related to the purpose or function constituting the basis for such organization’s exemption under section 501 of such Code if such payments are made in good faith using a reasonable and objective formula which is consistently applied. (b) Application Subsection (a) shall apply only to payments made on or after December 24, 2012, and before December 31, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr2275ih/xml/BILLS-113hr2275ih.xml

113-hr-2276

I 113th CONGRESS 1st Session H. R. 2276 IN THE HOUSE OF REPRESENTATIVES June 6, 2013 Mr. Horsford (for himself and Ms. Titus ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To promote economic development and to preserve the Lake Mead Area in Clark County, Nevada, in order to conserve, protect, and enhance the cultural, archaeological, natural, wilderness, scientific, geological, historical, biological, wildlife, educational, and scenic resources of the area, to designate wilderness areas, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Virgin Valley Tourism and Lake Mead Preservation 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. Title I—Tourism Promotion and Economic Development Sec. 101. Findings. Sec. 102. Visitor center, research, and interpretation. Sec. 103. Local consultation on energy development. Sec. 104. Local airport development extension and multi-species habitat conservation plan. Sec. 105. Lake Mead tourism access. Sec. 106. Clark County off-road vehicle trail designation. Sec. 107. Virgin Valley Tourism and Economic Advisory Council. Title II—Gold Butte National Conservation Area Sec. 201. Establishment of Gold Butte National Conservation Area. Sec. 202. Management of Conservation Area. Sec. 203. General provisions. Sec. 204. Virgin Valley water district. Sec. 205. Gold Butte National Conservation Area Advisory Council. Title III—Designation of wilderness areas in Clark County, Nevada Sec. 301. Additions to National Wilderness Preservation System. Sec. 302. Administration. Sec. 303. Adjacent management. Sec. 304. Military, law enforcement, and emergency overflights. Sec. 305. Release of wilderness study areas. Sec. 306. Native American cultural and religious uses. Sec. 307. Wildlife, wildfire, insect, and disease management; data collection. Sec. 308. National Park System land. Title IV—General provisions Sec. 401. Termination of withdrawal of Bureau of Land Management land. Sec. 402. Relationship to Clark Count Multi-Species Habitat Conservation Plan. Sec. 403. Motorized vehicles. 2. Findings Congress finds that— (1) the public land north of Lake Mead, in southeastern Nevada generally known as Gold Butte is recognized for outstanding— (A) scenic values; (B) natural resources, including critical habitat, sensitive species, wildlife, desert tortoise habitat, and geology; (C) historic resources, including historic mining, ranching and other western cultures, and pioneer activities; and (D) cultural resources, including evidence of prehistoric habitation and rock art; (2) Lake Mead and Gold Butte have become a destination for diverse recreation opportunities, including camping, hiking, hunting, fishing, motorized recreation, and sightseeing; (3) Lake Mead and Gold Butte draw visitors from throughout the United States; (4) Lake Mead and Gold Butte provide important economic benefits to Mesquite and other nearby communities; (5) inclusion of the Gold Butte National Conservation Area in the National Landscape Conservation System would provide increased opportunities for— (A) interpretation of the diverse values of the area for the visiting public; and (B) education and community outreach in the region; and (6) designation of Gold Butte as a National Conservation Area will permanently protect the scenic, biological, natural, historical, scientific, paleontological, recreational, ecological, wilderness, and cultural resources within the area. 3. Definitions In this Act: (1) Advisory council The term Advisory Council means the Gold Butte National Conservation Area Advisory Council established under title II. (2) Conservation area The term Conservation Area means the Gold Butte National Conservation Area established by title II. (3) County The term County means Clark County, Nevada. (4) Designated route The term designated route means a road that is designated as open by the Route Designations for Selected Areas of Critical Environmental Concern Located in the Northeast Portion of the Las Vegas BLM District Environmental Assessment, NV–052–2006–0433. (5) Virgin Valley Tourism and Economic Advisory Council The term Virgin Valley Tourism and Economic Advisory Council has the meaning designated by section 107. (6) Management plan The term management plan means the management plan for the Conservation Area developed under title II. (7) Map The term Map means the map entitled Gold Butte National Conservation Area and dated May 23, 2013. (8) Public land The term public land has the meaning given the term public lands in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 ). (9) Secretary The term Secretary means the Secretary of the Interior. (10) State The term State means the State of Nevada. (11) Wilderness area The term wilderness area means a wilderness areas designated by title III. I Tourism Promotion and Economic Development 101. Findings Congress finds that— (1) the management of Federal lands has been shown to be more effective when local stakeholders are regularly consulted to enhance the understanding of unique concerns and opportunities; (2) the Lake Mead and Gold Butte areas are rich in cultural, archaeological, natural, historical, and scenic resources; (3) the communities adjacent to the Gold Butte National Conservation Area should be able to enjoy recreational access to the region, while preserving the natural beauty and resources of the region; (4) the Lake Mead and Gold Butte regions possess significant economic potential; (5) the outdoor recreation industry directly impacts Nevada’s economy, bolstering it annually by $14.9 billion in consumer spending and 148,000 jobs; and (6) the economic benefits of protected lands include higher growth in investment income and entrepreneurial activity, and an increase in local tourism and new residents seeking the quality of life provided by Federal lands protections. 102. Visitor center, research, and interpretation (a) In general The Secretary, acting through the Director of the Bureau of Land Management, may establish, in cooperation with any other public or private entities that the Secretary may determine to be appropriate, a visitor center and field office in Mesquite, Nevada— (1) to serve visitors; and (2) to assist in fulfilling the purposes of— (A) the Lake Mead National Recreation Area; (B) the Grand Canyon-Parashant National Monument; and (C) the Conservation Area. (b) Requirements The Secretary shall ensure that the visitor center authorized under subsection (a) is designed— (1) to interpret the scenic, biological, natural, historical, scientific, paleontological, recreational, ecological, wilderness, and cultural resource of each of the areas described in that subsection; and (2) to serve as an interagency field office for each of the areas described in that subsection. (c) Cooperative agreements The Secretary may, in a manner consistent with this Act, enter into cooperative agreements with the State, the State of Arizona, and any other appropriate institutions and organizations to carry out the purposes of this section. 103. Local consultation on energy development As soon as practicable, but not later than 2 years, after the date of the enactment of this title, the Secretary, in cooperation with the Virgin Valley Tourism and Economic Advisory Council and any other public or private entities that the Secretary may determine to be appropriate, shall complete a study regarding local renewable energy development in accordance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), the Endangered Species Act of 1973, and the Clark County Multi-Species Habitat Conservation Plan. 104. Local airport development extension and multi-species habitat conservation plan (a) Extension of purchase authority and withdrawals Section 3 of Public Law 99–548 (100 Stat. 3061, 113 Stat. 1501A–166) is amended— (1) in subsection (e)— (A) in paragraph (1)(A), by striking For a period of 12 years after the date of the enactment of this Act and inserting Until November 29, 2021 ; (B) in paragraph (3), by striking Not later than 10 years after the date of the enactment of this subsection and inserting Not later than November 29, 2021 ; and (C) in paragraph (5), by striking the date that is 12 years after the date of the enactment of this subsection and inserting November 29, 2021 ; and (2) in subsection (f)(3), by striking the date that is 12 years after the date of the enactment of this subsection and inserting November 29, 2021 . (b) Implementation of multi-Species habitat conservation plans Section 3(d)(3)(B) of Public Law 99–548 (100 Stat. 3061, 116 Stat. 2018) is amended by inserting and implementation after development . 105. Lake Mead tourism access Not later than 2 years after the date of the enactment of this Act, the Secretary, in consultation with the Virgin Valley Tourism and Economic Advisory Council, as defined in section 107 of this Act, shall implement a plan to provide local boat access to Lake Mead, in accordance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), the Endangered Species Act of 1973, and the Clark County Multi-Species Habitat Conservation Plan. 106. Clark County off-road vehicle trail designation (a) Study (1) In general Not later than 2 years after the enactment of this Act, the Secretary shall complete a study with a focus on existing, designated routes outside the National Conservation Area established by this Act in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act of 1973, and the Clark County Multi-Species Habitat Conservation Plan for an Off-Highway Vehicle Trail (referred to in this section as the Trail ). (2) Preferred route Based on the study conducted under paragraph (1), the Secretary, in consultation with the Virgin Valley Tourism and Economic Advisory Council, as defined in section 3 of this Act, and any interested persons, shall identify the preferred route for the Trail. (b) Designation of Trail (1) In general Subject to paragraph (2), not later than 1 year after the date on which the study is completed under subsection (a), the Secretary may designate a Trail. (2) Limitations The Secretary may designate a Trail after determining a route for the Trail that would not have significant negative impacts on wildlife, natural or cultural resources, or traditional uses. 107. Virgin Valley Tourism and Economic Advisory Council (a) Establishment Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish an advisory council, to be known as the Virgin Valley Tourism and Economic Advisory Council . (b) Applicable law The Virgin Valley Tourism and Economic Advisory Council shall be subject to the Federal Advisory Committee Act (5 U.S.C. App.). (c) Members (1) In general The Virgin Valley Tourism and Economic Advisory Council shall include 13 members to be appointed by the Secretary, of whom, to the extent practicable— (A) 4 members shall be appointed after considering the recommendations of the Mesquite, Nevada, City Council; (B) 1 member shall be appointed after considering the recommendations of the Bun­ker­ville, Nevada, Town Advisory Board; (C) 1 member shall be appointed after considering the recommendations of the Moapa Valley, Nevada, Town Advisory Board; (D) 1 member shall be appointed after considering the recommendations of the Moapa, Nevada, Town Advisory Board; (E) 1 member shall be appointed after considering the recommendations of the Moapa Band of Paiutes Tribal Council; and (F) 5 at-large members from the County shall be appointed after considering the recommendations of the County Commission. (2) Representation The Secretary shall ensure that the membership of the Virgin Valley Tourism and Economic Advisory Council is fairly balanced in terms of the points of view represented and the functions to be performed by the Virgin Valley Tourism and Economic Advisory Council. (3) Initial appointment Not later than 180 days after the date of the enactment of this Act, the Secretary shall appoint the initial members of the Virgin Valley Tourism and Economic Advisory Council in accordance with paragraph (1). (d) Duties of the virgin valley tourism and economic advisory council The Virgin Valley Tourism and Economic Advisory Council shall advise the Secretary with respect to the preparation and implementation of economic development initiatives. (e) Compensation Members of the Virgin Valley Tourism and Economic Advisory Council shall receive no compensation for serving on the Council. (f) Chairperson (1) In general The Virgin Valley Tourism and Economic Advisory Council shall elect a Chairperson from among its members. (2) Term The term of the Chairperson shall be 3 years. (g) Term of members (1) In general The term of a member of the Virgin Valley Tourism and Economic Advisory Council shall be 3 years. (2) Successors Notwithstanding the expiration of a 3-year term of a member of the Virgin Valley Tourism and Economic Advisory Council, a member may continue to serve on the Virgin Valley Tourism and Economic Advisory Council until a successor is appointed. (h) Vacancies (1) In general A vacancy on the Virgin Valley Tourism and Economic Advisory Council shall be filled in the same manner in which the original appointment was made. (2) Appointment for remainder of term A member appointed to fill a vacancy on the Virgin Valley Tourism and Economic Advisory Council shall serve for the remainder of the term for which the predecessor was appointed. II Gold Butte National Conservation Area 201. Establishment of Gold Butte National Conservation Area (a) Establishment There is established the Gold Butte National Conservation Area in the State. (b) Area included The Conservation Area shall consist of approximately 348,515 acres of public land administered by the Bureau of Land Management in the County, as generally depicted on the Map. (c) Map and legal description (1) In general As soon as practicable after the date of the enactment of this Act, the Secretary shall file a map and legal description of the Conservation Area with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. (2) Effect The map and legal description prepared under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary may correct minor errors in the map or legal description. (3) Public availability A copy of the map and legal description shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management and the National Park Service. 202. Management of Conservation Area (a) Purposes In accordance with this title, the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ), and other applicable laws, the Secretary shall manage the Conservation Area in a manner that conserves, protects, and enhances the scenic, biological, natural, historical, scientific, paleontological, recreational, ecological, wilderness, and cultural resources of the Conservation Area. (b) Management plan (1) Plan required Not later than 3 years after the date of the enactment of this Act, the Secretary shall develop a management plan for the long-term protection and management of the Conservation Area. (2) Consultation The Secretary shall prepare the management plan in consultation with the State, local and tribal government entities, the Advisory Council, and the public. (3) Requirements The management plan shall— (A) describe the appropriate uses and management of the Conservation Area; and (B) include a recommendation on interpretive and educational materials regarding the cultural and biological resources of the region within which the Conservation Area is located. (4) Incorporation of route designations The management plan shall incorporate the decisions in the Route Designations for Selected Areas of Critical Environmental Concern Located in the Northeast Portion of the Las Vegas BLM District Environmental Assessment, NV–052–2006–0433. (c) Uses The Secretary shall allow only such uses of the Conservation Area that the Secretary determines would further the purpose of the Conservation Area described in subsection (a). (d) Incorporation of acquired land and interests Any land or interests in land located within the boundary of the Conservation Area that is acquired by the United States after the date of the enactment of this Act shall become part of the Conservation Area and be managed as provided in subsection (a). (e) National landscape conservation system The Conservation Area shall be administered as a component of the National Landscape Conservation System. (f) Hunting, fishing, and trapping Nothing in this title affects the jurisdiction of the State with respect to fish and wildlife, including hunting, fishing, and trapping in the Conservation Area. 203. General provisions (a) No buffer zones (1) In general The establishment of the Conservation Area shall not create an express or implied protective perimeter or buffer zone around the Conservation Area. (2) Private land If the use of, or conduct of an activity on, private land that shares a boundary with the Conservation Area is consistent with applicable law, nothing in this title concerning the establishment of the Conservation Area prohibits or limits the use or conduct of the activity. (b) Withdrawals Subject to valid existing rights, all public land within the Conservation Area, including any land or interest in land that is acquired by the United States within the Conservation Area after the date of the enactment of this Act, is withdrawn from— (1) entry, appropriation or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (c) Special management areas (1) In general The establishment of the Conservation Area shall not affect the management status of any area within the boundary of the Conservation Area that is protected under the Clark County Multi-Species Habitat Conservation Plan. (2) Conflict of laws If there is a conflict between the laws applicable to an area described in paragraph (1) and this title, the more restrictive provision shall control. 204. Virgin Valley water district Notwithstanding any other provisions of law, the Secretary shall manage the area to allow continued and reasonable use and access by the Virgin Valley Water District, including use of motorized vehicles and equipment, within its rights-of-way, to access, monitor, maintain, and operate water diversions, facilities, and improvements facilitating lawful beneficial use of its existing and future water rights appropriated under applicable State law. 205. Gold Butte National Conservation Area Advisory Council (a) Establishment Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish an advisory council, to be known as the Gold Butte National Conservation Area Advisory Council . (b) Duties The Advisory Council shall advise the Secretary with respect to the preparation and implementation of the management plan. (c) Applicable law The Advisory Council shall be subject to— (1) the Federal Advisory Committee Act (5 U.S.C. App.); and (2) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ). (d) Members (1) In general The Advisory Council shall include 13 members to be appointed by the Secretary, of whom, to the extent practicable— (A) 4 members shall be appointed after considering the recommendations of the Mesquite, Nevada, City Council; (B) 1 member shall be appointed after considering the recommendations of the Bun­ker­ville, Nevada, Town Advisory Board; (C) 1 member shall be appointed after considering the recommendations of the Moapa Valley, Nevada, Town Advisory Board; (D) 1 member shall be appointed after considering the recommendations of the Moapa, Nevada, Town Advisory Board; (E) 1 member shall be appointed after considering the recommendations of the Moapa Band of Paiutes Tribal Council; and (F) 5 at-large members from the County shall be appointed after considering the recommendations of the County Commission. (2) Special appointment considerations The at-large members appointed under paragraph (1)(F) shall have backgrounds that reflect— (A) the purposes for which the Conservation Area was established; and (B) the interests of persons affected by the planning and management of the Conservation Area. (3) Representation The Secretary shall ensure that the membership of the Advisory Council is fairly balanced in terms of the points of view represented and the functions to be performed by the Advisory Council. (4) Initial appointment Not later than 180 days after the date of the enactment of this Act, the Secretary shall appoint the initial members of the Advisory Council in accordance with paragraph (1). (e) Duties of the advisory council The Advisory Council shall advise the Secretary with respect to the preparation and implementation of the management plan, including budgetary matters relating to the Conservation Area. (f) Compensation Members of the Advisory Council shall receive no compensation for serving on the Advisory Council. (g) Chairperson (1) In general The Advisory Council shall elect a Chairperson from among the members of the Advisory Council. (2) Term The term of the Chairperson shall be 3 years. (h) Term of members (1) In general The term of a member of the Advisory Council shall be 3 years. (2) Successors Notwithstanding the expiration of a 3-year term of a member of the Advisory Council, a member may continue to serve on the Advisory Council until a successor is appointed. (i) Vacancies (1) In general A vacancy on the Advisory Council shall be filled in the same manner in which the original appointment was made. (2) Appointment for remainder of term A member appointed to fill a vacancy on the Advisory Council shall serve for the remainder of the term for which the predecessor was appointed. (j) Termination The Advisory Council shall terminate not later than 3 years after the date on which the final version of the management plan is published. III Designation of wilderness areas in Clark County, Nevada 301. Additions to National Wilderness Preservation System (a) Additions In furtherance of the Wilderness Act ( 16 U.S.C. 1131 et seq. ), the following public land administered by the National Park Service or the Bureau of Land Management in the County is designated as wilderness and as components of the National Wilderness Preservation System: (1) Virgin peak wilderness Certain public land managed by the Bureau of Land Management, comprising approximately 18,296 acres, as generally depicted on the Map, which shall be known as the Virgin Peak Wilderness . (2) Black ridge wilderness Certain public land managed by the Bureau of Land Management, comprising approximately 18,192 acres, as generally depicted on the Map, which shall be known as the Black Ridge Wilderness . (3) Bitter ridge north wilderness Certain public land managed by the Bureau of Land Management comprising approximately 15,114 acres, as generally depicted on the Map, which shall be known as the Bitter Ridge North Wilderness . (4) Bitter ridge south wilderness Certain public land managed by the Bureau of Land Management, comprising approximately 12,646 acres, as generally depicted on the Map, which shall be known as the Bitter Ridge Wilderness . (5) Billy goat peak wilderness Certain public land managed by the Bureau of Land Management, comprising approximately 30,460 acres, as generally depicted on the Map, which shall be known as the Billy Goat Peak Wilderness . (6) Million hills wilderness Certain public land managed by the Bureau of Land Management, comprising approximately 24,818 acres, as generally depicted on the Map, which shall be known as the Million Hills Wilderness . (7) Lake mead wilderness Certain public land within the Lake Mead National Recreation Area, comprising approximately 102,032 acres, as generally depicted on the Map, which shall be known as the Lake Mead Wilderness . (b) National landscape conservation system The wilderness areas administered by the Bureau of Land Management shall be administered as components of the National Landscape Conservation System. (c) Road offset The boundary of any portion of a wilderness area that is bordered by a road shall be at least 100 feet away from the centerline of the road so as not to interfere with public access. (d) Lake offset The boundary of any portion of a wilderness area that is bordered by Lake Mead or the Colorado River shall be 300 feet inland from the high water line. (e) Map and legal description (1) In general As soon as practicable after the date of the enactment of this Act, the Secretary shall file a map and legal description of each wilderness area with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. (2) Effect Each map and legal description under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary may correct clerical and typographical errors in the map or legal description. (3) Availability Each map and legal description under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management and the National Park Service. 302. Administration (a) Management Subject to valid existing rights, the wilderness areas shall be administered by the Secretary in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ), except that— (1) any reference in that Act to the effective date of that Act shall be considered to be a reference to the date of the enactment of this Act; and (2) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary. (b) Incorporation of acquired land and interests Any land or interest in land within the boundaries of a wilderness area that is acquired by the United States after the date of the enactment of this Act shall be added to, and administered as part of, the wilderness area within which the acquired land or interest is located. (c) Water rights (1) Findings Congress finds that— (A) the land designated as a wilderness area— (i) is within the Mojave Desert; (ii) is arid in nature; and (iii) includes ephemeral streams; (B) the hydrology of the land designated as a wilderness area is locally characterized by complex flow patterns and alluvial fans with impermanent channels; (C) the subsurface hydrogeology of the region within which the land designated as a wilderness area is located is characterized by ground water subject to local and regional flow gradients and artesian aquifers; (D) the land designated as a wilderness area is generally not suitable for use or development of new water resource facilities; (E) there are no actual or proposed water resource facilities and no opportunities for diversion, storage, or other uses of water occurring outside the land designated as a wilderness area that would adversely affect the wilderness or other values of the land; and (F) because of the unique nature and hydrology of the desert land designated as a wilderness area and the existence of the Clark County Multi-Species Habitat Conservation Plan, it is possible to provide for proper management and protection of the wilderness, perennial springs, and other values of the land in ways different than the methods used in other laws. (2) Statutory construction (A) No reservation Nothing in this title constitutes an express or implied reservation by the United States of any water or water rights with respect to the land designated as a wilderness area. (B) State rights Nothing in this title affects any water rights in the State existing on the date of the enactment of this Act, including any water rights held by the United States. (C) No precedent Nothing in this subsection establishes a precedent with regard to any future wilderness designations. (D) No effect on compacts Nothing in this title limits, alters, modifies, or amends any of the interstate compacts or equitable apportionment decrees that apportion water among and between the State and other States. (3) Nevada water law The Secretary shall follow the procedural and substantive requirements of State law in order to obtain and hold any water rights not in existence on the date of the enactment of this Act with respect to the land designated as a wilderness area. (4) New projects (A) Definition (i) In general In this paragraph, the term water resource facility means irrigation and pumping facilities, reservoirs, water conservation works, aqueducts, canals, ditches, pipelines, wells, hydropower projects, and transmission and other ancillary facilities, and other water diversion, storage, and carriage structures. (ii) Exclusion In this paragraph, the term water resource facility does not include wildlife guzzlers. (B) No licenses or permits Except as otherwise provided in this title, on and after the date of the enactment of this Act, neither the President nor any other officer, employee, or agent of the United States shall fund, assist, authorize, or issue a license or permit for the development of any new water resource facility within the land designated as a wilderness area. (d) Withdrawal Subject to valid existing rights, any Federal land within the wilderness areas, including any land or interest in land that is acquired by the United States within the Conservation Area after the date of the enactment of this Act, is withdrawn from— (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. 303. Adjacent management (a) No buffer zones Congress does not intend for the designation of land as wilderness areas to lead to the creation of protective perimeters or buffer zones around the wilderness areas. (b) Nonwilderness activities The fact that nonwilderness activities or uses can be seen or heard from areas within a wilderness area shall not preclude the conduct of those activities or uses outside the boundary of the wilderness area. 304. Military, law enforcement, and emergency overflights Nothing in this Act restricts or precludes— (1) low-level overflights of military, law enforcement, or emergency medical services aircraft over the area designated as wilderness by this Act, including military, law enforcement, or emergency medical services overflights that can be seen or heard within the wilderness area; (2) flight testing and evaluation; or (3) the designation or creation of new units of special use airspace, or the establishment of military, law enforcement, or emergency medical services flight training routes, over the wilderness area. 305. Release of wilderness study areas (a) Finding Congress finds that, for the purposes of section 603 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782 ), the Bureau of Land Management land in any portion of the wilderness study areas located within the Conservation Area not designated as a wilderness area has been adequately studied for wilderness designation. (b) Release Any Bureau of Land Management land described in subsection (a) that is not designated as a wilderness area— (1) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ); (2) shall be managed in accordance with— (A) the land management plans adopted under section 202 of that Act ( 43 U.S.C. 1712 ); and (B) cooperative conservation agreements in existence on the date of the enactment of this Act; and (3) shall be subject to the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ). 306. Native American cultural and religious uses Nothing in this title diminishes— (1) the rights of any Indian tribe; or (2) tribal rights regarding access to Federal land for tribal activities, including spiritual, cultural, and traditional food-gathering activities. 307. Wildlife, wildfire, insect, and disease management; data collection (a) In general In accordance with section 4(d)(7) of the Wilderness Act ( 16 U.S.C. 1133(d)(7) ), nothing in this title affects or diminishes the jurisdiction of the State with respect to fish and wildlife management, including the regulation of hunting, fishing, and trapping, in the wilderness areas. (b) Management activities (1) In general In furtherance of the purposes and principles of the Wilderness Act ( 16 U.S.C. 1131 et seq. ), management activities to maintain or restore fish and wildlife populations and the habitats to support the populations may be carried out within the wilderness areas, if the activities— (A) are consistent with relevant wilderness management plans; and (B) are carried out in accordance with appropriate policies, such as those set forth in Appendix B of House Report 101–405. (2) Use of motorized vehicles The management activities under paragraph (1) may include the occasional and temporary use of motorized vehicles, if the use, as determined by the Secretary, would— (A) promote healthy, viable, and more naturally distributed wildlife populations that would enhance wilderness values; and (B) accomplish the purposes described in subparagraph (A) with the minimum impact necessary to reasonably accomplish the task. (c) Existing activities Consistent with section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) ) and in accordance with appropriate policies such as those set forth in Appendix B of House Report 101–405, the State may continue to use aircraft (including helicopters) to survey, capture, transplant, monitor, and provide water for wildlife populations, including bighorn sheep, and feral stock, horses, and burros. (d) Wildlife water development projects Subject to subsection (f), the Secretary shall authorize structures and facilities, including existing structures and facilities, for wildlife water development projects, including guzzlers, in the wilderness areas if— (1) the structures and facilities will, as determined by the Secretary, enhance wilderness values by promoting healthy, viable and more naturally distributed wildlife populations; and (2) the visual impacts of the structures and facilities on the wilderness areas can reasonably be minimized. (e) Hunting, fishing, and trapping (1) In general The Secretary may designate, by regulation, areas in which, and establish periods during which, for reasons of public safety, administration, or compliance with applicable laws, no hunting, fishing, or trapping will be permitted in the wilderness areas. (2) Consultation Except in emergencies, the Secretary shall consult with the appropriate State agency before promulgating regulations under paragraph (1). (f) Cooperative agreement The State, including a designee of the State, may conduct wildlife management activities in the wilderness areas— (1) in accordance with the terms and conditions specified in the cooperative agreement between the Secretary and the State entitled Memorandum of Understanding between the Bureau of Land Management and the Nevada Department of Wildlife Supplement No. 9 and signed November and December 2003, including any amendments to the cooperative agreement agreed to by the Secretary and the State; and (2) subject to all applicable laws (including regulations). (g) Wildfire, insect, and disease management (1) In general In accordance with section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) ), the Secretary may take such measures in each wilderness area as the Secretary determines to be necessary for the control of fire, insects, and diseases (including, as the Secretary determines to be appropriate, the coordination of the activities with a State or local agency). (2) Effect Nothing in this Act precludes a Federal, State, or local agency from conducting wildfire management operations (including operations using aircraft or mechanized equipment) in accordance with section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) ). (h) Data collection Subject to such terms and conditions as the Secretary may require, nothing in this title precludes the installation and maintenance of hydrologic, meteorologic, or climatological collection devices in the wilderness areas if the facilities and access to the facilities are essential to flood warning, flood control, and water reservoir operation activities. 308. National Park System land To the extent any of the provisions of this title are in conflict with laws (including regulations) or management policies applicable to Federal land within the Lake Mead National Recreation Area designated as a wilderness area, the laws (including regulations) or policies shall control. IV General provisions 401. Termination of withdrawal of Bureau of Land Management land (a) Termination of withdrawal The withdrawal of the parcels of Bureau of Land Management land described in subsection (b) for use by the Bureau of Reclamation is terminated. (b) Description of land The parcels of land referred to in subsection (a) consist of the Bureau of Land Management land identified on the Map as Transfer from BOR to BLM . (c) Map and legal description (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall finalize the legal description of the land reverting to the Bureau of Land Management under subsection (a). (2) Minor errors The Secretary may correct any minor error in— (A) the Map; or (B) the legal description. (3) Availability The Map and legal description shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management and the Bureau of Reclamation. 402. Relationship to Clark County Multi-Species Habitat Conservation Plan (a) Amendment to Plan The Secretary shall credit, on an acre-for-acre basis, approximately 124,000 acres of multiple use lands being conserved under this Act toward the development of additional non-Federal land within the County through an amendment to the Clark County Multi-Species Habitat Conservation Plan. (b) Conservation management areas The Secretary shall credit the Conservation Area and the wilderness areas as Conservation Management Areas, as may be required by the Clark County Multi-Species Habitat Conservation Plan (including amendments to the plan). (c) Conservation management areas Nothing in this Act otherwise limits, alters, modifies, or amends the Clark County Multi-Species Habitat Conservation Plan with respect to the Conservation Area and the wilderness areas, including the specific management actions contained in the Clark County Multi-Species Habitat Conservation Plan for the conservation of perennial springs. (d) Management plan In developing the management plan, to the extent consistent with this section, the Secretary may incorporate any provision of the Clark County Multi-Species Habitat Conservation Plan. 403. Motorized vehicles (a) In general The use of motorized vehicles shall be permitted on designated routes. (b) Exceptions In cases which motorized vehicles are required to respond to an emergency, or for administrative purposes, the use of vehicles shall be permitted beyond designated routes. (c) Notice The Secretary shall provide information to the public regarding any designated routes that are open, have been rerouted, or are temporarily closed through— (1) use of appropriate signage within the Conservation Area; and (2) the distribution of maps, safety education materials, law enforcement, and other information considered to be appropriate by the Secretary. (d) No effect on non-Federal land or interests in non-Federal land Nothing in this section affects ownership, management, or other rights relating to non-Federal land or interests in non-Federal land. (e) Map on file The Secretary shall keep a current map on file at the appropriate offices of the Bureau of Land Management.

https://www.govinfo.gov/content/pkg/BILLS-113hr2276ih/xml/BILLS-113hr2276ih.xml

113-hr-2277

I 113th CONGRESS 1st Session H. R. 2277 IN THE HOUSE OF REPRESENTATIVES June 6, 2013 Mr. Collins of Georgia (for himself, Mr. Massie , Mr. Broun of Georgia , Mr. Johnson of Ohio , Mr. Stockman , and Mr. Gosar ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To eliminate the sporting purposes distinction in the gun laws. 1. Elimination of sporting purposes distinction (a) Amendments to the Internal Revenue Code Section 5845(f) of the Internal Revenue Code of 1986 is amended— (1) by striking which the Secretary finds is generally recognized as particularly suitable for sporting purposes ; and (2) by striking which the owner intends to use solely for sporting purposes . (b) Amendments to title 18 , united states code (1) Section 921(a)(4)(B) of title 18, United States Code, is amended by striking which the Attorney General finds is generally recognized as particularly suitable for sporting purposes . (2) Section 921(a)(4) of such title is amended in the 2nd sentence by striking which the owner intends to use solely for sporting, recreational or cultural purposes . (3) Section 921(a)(17)(C) of such title is amended by striking a projectile which the Attorney General finds is primarily intended to be used for sporting purposes, . (4) Section 922 of such title is amended in each of subsections (a)(5), (a)(9), and (b)(3) by striking sporting . (5) Section 922(r) of such title is amended by striking of this chapter as not being particularly suitable for or readily adaptable to sporting purposes . (6) Section 923(j) of such title is amended by striking devoted to the collection, competitive use, or other sporting use of firearms in the community . (7) Section 925(a)(3) of such title is amended by striking determined by the Secretary of the Treasury to be generally recognized as particularly suitable for sporting purposes and . (8) Section 925(a)(4) of such title is amended by striking (A) determined by the Attorney General to be generally recognized as particularly suitable for sporting purposes, or determined by the Department of Defense to be a type of firearm normally classified as a war souvenir, and (B) . (9) Section 925(d)(3) of such title is amended by striking and is generally recognized as particularly suitable for or readily adaptable to sporting purposes . (10) Section 925(e)(2) of such title is amended by striking , provided that such handguns are generally recognized as particularly suitable for or readily adaptable to sporting purposes .

https://www.govinfo.gov/content/pkg/BILLS-113hr2277ih/xml/BILLS-113hr2277ih.xml

113-hr-2278

I 113th CONGRESS 1st Session H. R. 2278 IN THE HOUSE OF REPRESENTATIVES June 6, 2013 Mr. Gowdy (for himself, Mr. Goodlatte , Mr. Smith of Texas , Mr. Forbes , Mrs. Blackburn , Mr. Bishop of Utah , Mr. Coble , Mr. Poe of Texas , Mr. Westmoreland , Mr. Chaffetz , Mr. Sensenbrenner , Mrs. Bachmann , Mr. Collins of Georgia , Mr. Woodall , Mr. Mulvaney , Mr. Franks of Arizona , Mr. Pearce , Mr. DeSantis , Mr. Chabot , and Mr. Labrador ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committees on Homeland Security , Agriculture , and Natural Resources , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Immigration and Nationality Act to improve immigration law enforcement within the interior of the United States, and for other purposes. 1. Short title This Act may be cited as the Strengthen and Fortify Enforcement Act or the SAFE 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—Immigration Law Enforcement by States and Localities Sec. 101. Definitions and severability. Sec. 102. Immigration law enforcement by States and localities. Sec. 103. Listing of immigration violators in the national crime information center database. Sec. 104. Technology access. Sec. 105. State and local law enforcement provision of information about apprehended aliens. Sec. 106. Financial assistance to State and local police agencies that assist in the enforcement of immigration laws. Sec. 107. Increased Federal detention space. Sec. 108. Federal custody of inadmissible and deportable aliens in the United States apprehended by State or local law enforcement. Sec. 109. Training of State and local law enforcement personnel relating to the enforcement of immigration laws. Sec. 110. Immunity. Sec. 111. Criminal alien identification program. Sec. 112. Clarification of congressional intent. Sec. 113. State criminal alien assistance program (SCAAP). Sec. 114. State violations of enforcement of immigration laws. Sec. 115. Clarifying the authority of ICE detainers. Title II—National Security Sec. 201. Removal of, and denial of benefits to, terrorist aliens. Sec. 202. Terrorist bar to good moral character. Sec. 203. Terrorist bar to naturalization. Sec. 204. Denaturalization for terrorists. Sec. 205. Use of 1986 IRCA legalization information for national security purposes. Sec. 206. Background and security checks. Sec. 207. Technical amendments relating to the Intelligence Reform and Terrorism Prevention Act of 2004. Title III—Removal of Criminal Aliens Sec. 301. Definition of aggravated felony and conviction. Sec. 302. Precluding admissibility of aliens convicted of aggravated felonies or other serious offenses. Sec. 303. Espionage clarification. Sec. 304. Prohibition of the sale of firearms to, or the possession of firearms by, certain aliens. Sec. 305. Uniform statute of limitations for certain immigration, naturalization, and peonage offenses. Sec. 306. Conforming amendment to the definition of racketeering activity. Sec. 307. Conforming amendments for the aggravated felony definition. Sec. 308. Precluding refugee or asylee adjustment of status for aggravated felons. Sec. 309. Inadmissibility and deportability of drunk drivers. Sec. 310. Detention of dangerous aliens. Sec. 311. Grounds of inadmissibility and deportability for alien gang members. Sec. 312. Extension of identity theft offenses. Sec. 313. Laundering of monetary instruments. Sec. 314. Increased criminal penalties relating to alien smuggling and related offenses. Sec. 315. Penalties for illegal entry. Sec. 316. Illegal reentry. Sec. 317. Reform of passport, visa, and immigration fraud offenses. Sec. 318. Forfeiture. Sec. 319. Expedited removal for aliens inadmissible on criminal or security grounds. Sec. 320. Increased penalties barring the admission of convicted sex offenders failing to register and requiring deportation of sex offenders failing to register. Sec. 321. Protecting immigrants from convicted sex offenders. Sec. 322. Clarification to crimes of violence and crimes involving moral turpitude. Sec. 323. Penalties for failure to obey removal orders. Sec. 324. Pardons. Title IV—Visa Security Sec. 401. Cancellation of additional visas. Sec. 402. Visa information sharing. Sec. 403. Restricting waiver of visa interviews. Sec. 404. Authorizing the Department of State to not interview certain ineligible visa applicants. Sec. 405. Visa refusal and revocation. Sec. 406. Funding for the visa security program. Sec. 407. Expeditious expansion of visa security program to high-risk posts. Sec. 408. Expedited clearance and placement of Department of Homeland Security personnel at overseas embassies and consular posts. Sec. 409. Increased criminal penalties for student visa integrity. Sec. 410. Accreditation requirements. Sec. 411. Visa fraud. Sec. 412. Background checks. Sec. 413. Flight schools not certified by FAA. Sec. 414. Revocation of accreditation. Sec. 415. Report on risk assessment. Sec. 416. Implementation of GAO recommendations. Sec. 417. Implementation of SEVIS II. Sec. 418. Definitions. Title V—Aid to U.S. Immigration and Customs Enforcement Officers Sec. 501. ICE immigration enforcement agents. Sec. 502. ICE detention enforcement officers. Sec. 503. Ensuring the safety of ICE officers and agents. Sec. 504. ICE Advisory Council. Sec. 505. Pilot program for electronic field processing. Sec. 506. Additional ICE deportation officers and support staff. Sec. 507. Additional ICE prosecutors. Title VI—Miscellaneous Enforcement Provisions Sec. 601. Encouraging aliens to depart voluntarily. Sec. 602. Deterring aliens ordered removed from remaining in the United States unlawfully. Sec. 603. Reinstatement of removal orders. Sec. 604. Clarification with respect to definition of admission. Sec. 605. Reports to Congress on the exercise and abuse of prosecutorial discretion. Sec. 606. Waiver of Federal laws with respect to border security actions on Department of the Interior and Department of Agriculture lands. I Immigration Law Enforcement by States and Localities 101. Definitions and severability (a) State defined For the purposes of this title, the term State has the meaning given to such term in section 101(a)(36) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(36) ). (b) Secretary defined For the purpose of this title, the term Secretary means the Secretary of Homeland Security. (c) Severability If any provision of this title, or the application of such provision to any person or circumstance, is held invalid, the remainder of this title, and the application of such provision to other persons not similarly situated or to other circumstances, shall not be affected by such invalidation. 102. Immigration law enforcement by States and localities (a) In general Subject to section 274A(h)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(h)(2) ), States, or political subdivisions of States, may enact, implement and enforce criminal penalties that penalize the same conduct that is prohibited in the criminal provisions of immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))), as long as the criminal penalties do not exceed the relevant Federal criminal penalties. States, or political subdivisions of States, may enact, implement and enforce civil penalties that penalize the same conduct that is prohibited in the civil violations of immigration laws (as defined in such section 101(a)(17)), as long as the civil penalties do not exceed the relevant Federal civil penalties. (b) Law enforcement personnel Law enforcement personnel of a State, or of a political subdivision of a State, may investigate, identify, apprehend, arrest, detain, or transfer to Federal custody aliens for the purposes of enforcing the immigration laws of the United States to the same extent as Federal law enforcement personnel. Law enforcement personnel of a State, or of a political subdivision of a State, may also investigate, identify, apprehend, arrest, or detain aliens for the purposes of enforcing the immigration laws of a State or of a political subdivision of State, as long as those immigration laws are permissible under this section. Law enforcement personnel of a State, or of a political subdivision of a State, may not remove aliens from the United States. 103. Listing of immigration violators in the national crime information center database (a) Provision of information to the NCIC Not later than 180 days after the date of the enactment of this Act and periodically thereafter as updates may require, the Secretary shall provide the National Crime Information Center of the Department of Justice with all information that the Secretary may possess regarding any alien against whom a final order of removal has been issued, any alien who has entered into a voluntary departure agreement, any alien who has overstayed their authorized period of stay, and any alien whose visas has been revoked. The National Crime Information Center shall enter such information into the Immigration Violators File of the National Crime Information Center database, regardless of whether— (1) the alien received notice of a final order of removal; (2) the alien has already been removed; or (3) sufficient identifying information is available with respect to the alien. (b) Inclusion of information in the NCIC database (1) In general Section 534(a) of title 28, United States Code, is amended— (A) in paragraph (3), by striking and at the end; (B) by redesignating paragraph (4) as paragraph (5); and (C) by inserting after paragraph (3) the following: (4) acquire, collect, classify, and preserve records of violations by aliens of the immigration laws of the United States, regardless of whether any such alien has received notice of the violation or whether sufficient identifying information is available with respect to any such alien or whether any such alien has already been removed from the United States; and . (2) Effective date The Attorney General and the Secretary shall ensure that the amendment made by paragraph (1) is implemented by not later than 6 months after the date of the enactment of this Act. 104. Technology access States shall have access to Federal programs or technology directed broadly at identifying inadmissible or deportable aliens. 105. State and local law enforcement provision of information about apprehended aliens (a) Provision of information In compliance with section 642(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1373 ) and section 434 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1644 ), each State, and each political subdivision of a State, shall provide the Secretary of Homeland Security in a timely manner with the information specified in subsection (b) with respect to each alien apprehended in the jurisdiction of the State, or in the political subdivision of the State, who is believed to be inadmissible or deportable. (b) Information required The information referred to in subsection (a) is as follows: (1) The alien’s name. (2) The alien’s address or place of residence. (3) A physical description of the alien. (4) The date, time, and location of the encounter with the alien and reason for stopping, detaining, apprehending, or arresting the alien. (5) If applicable, the alien’s driver’s license number and the State of issuance of such license. (6) If applicable, the type of any other identification document issued to the alien, any designation number contained on the identification document, and the issuing entity for the identification document. (7) If applicable, the license plate number, make, and model of any automobile registered to, or driven by, the alien. (8) A photo of the alien, if available or readily obtainable. (9) The alien’s fingerprints, if available or readily obtainable. (c) Annual report on reporting The Secretary shall maintain and annually submit to the Congress a detailed report listing the States, or the political subdivisions of States, that have provided information under subsection (a) in the preceding year. (d) Reimbursement The Secretary shall reimburse States, and political subdivisions of a State, for all reasonable costs, as determined by the Secretary, incurred by the State, or the political subdivision of a State, as a result of providing information under subsection (a). (e) Authorization of Appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section. (f) Construction Nothing in this section shall require law enforcement officials of a State, or of a political subdivision of a State, to provide the Secretary with information related to a victim of a crime or witness to a criminal offense. (g) Effective date This section shall take effect on the date that is 120 days after the date of the enactment of this Act and shall apply with respect to aliens apprehended on or after such date. 106. Financial assistance to State and local police agencies that assist in the enforcement of immigration laws (a) Grants for special equipment for housing and processing certain aliens From amounts made available to make grants under this section, the Secretary shall make grants to States, and to political subdivisions of States, for procurement of equipment, technology, facilities, and other products that facilitate and are directly related to investigating, apprehending, arresting, detaining, or transporting aliens who are inadmissible or deportable, including additional administrative costs incurred under this title. (b) Eligibility To be eligible to receive a grant under this section, a State, or a political subdivision of a State, must have the authority to, and shall have a written policy and a practice to, assist in the enforcement of the immigration laws of the United States in the course of carrying out the routine law enforcement duties of such State or political subdivision of a State. Entities covered under this section may not have any policy or practice that prevents local law enforcement from inquiring about a suspect’s immigration status. (c) Funding There is authorized to be appropriated for grants under this section such sums as may be necessary for fiscal year 2014 and each subsequent fiscal year. (d) GAO audit Not later than 3 years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct an audit of funds distributed to States, and to political subdivisions of a State, under subsection (a). 107. Increased Federal detention space (a) Construction or acquisition of detention facilities (1) In general The Secretary shall construct or acquire, in addition to existing facilities for the detention of aliens, detention facilities in the United States, for aliens detained pending removal from the United States or a decision regarding such removal. Each facility shall have a number of beds necessary to effectuate this purposes of this title. (2) Determinations The location of any detention facility built or acquired in accordance with this subsection shall be determined by the Secretary. (b) Authorization of Appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section. (c) Technical and conforming amendment Section 241(g)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1231(g)(1) ) is amended by striking may expend and inserting shall expend . 108. Federal custody of inadmissible and deportable aliens in the United States apprehended by State or local law enforcement (a) State Apprehension (1) In general Title II of the Immigration and Nationality Act (8 U.S.C. 1151 et seq.) is amended by inserting after section 240C the following: 240D. Custody of inadmissible and deportable aliens present in the United States (a) Transfer of custody by State and local officials If a State, or a political subdivision of the State, exercising authority with respect with respect to the apprehension or arrest of an inadmissible or deportable alien submits to the Secretary of Homeland Security a request that the alien be taken into Federal custody, notwithstanding any other provision of law, regulation, or policy the Secretary— (1) shall take the alien into custody not later than 48 hours after the detainer has been issued following the conclusion of the State or local charging process or dismissal process, or if no State or local charging or dismissal process is required, the Secretary should issue a detainer and take the alien into custody not later than 48 hours after the alien is apprehended; and (2) shall request that the relevant State or local law enforcement agency temporarily hold the alien in their custody or transport the alien for transfer to Federal custody. (b) Policy on detention in Federal, contract, State, or local detention facilities In carrying out section 241(g)(1), the Attorney General or Secretary of Homeland Security shall ensure that an alien arrested under this title shall be held in custody, pending the alien’s examination under this section, in a Federal, contract, State, or local prison, jail, detention center, or other comparable facility. Notwithstanding any other provision of law, regulation or policy, such facility is adequate for detention, if— (1) such a facility is the most suitably located Federal, contract, State, or local facility available for such purpose under the circumstances; (2) an appropriate arrangement for such use of the facility can be made; and (3) the facility satisfies the standards for the housing, care, and security of persons held in custody by a United States Marshal. (c) Reimbursement The Secretary of Homeland Security shall reimburse a State, and a political subdivision of a State, for all reasonable expenses, as determined by the Secretary, incurred by the State, or political subdivision, as a result of the incarceration and transportation of an alien who is inadmissible or deportable as described in subsections (a) and (b). Compensation provided for costs incurred under such subsections shall be the average cost of incarceration of a prisoner in the relevant State, as determined by the chief executive officer of a State, or of a political subdivision of a State, plus the cost of transporting the alien from the point of apprehension to the place of detention, and to the custody transfer point if the place of detention and place of custody are different. (d) Secure facilities The Secretary of Homeland Security shall ensure that aliens incarcerated pursuant to this title are held in facilities that provide an appropriate level of security. (e) Transfer (1) In general In carrying out this section, the Secretary of Homeland Security shall establish a regular circuit and schedule for the prompt transfer of apprehended aliens from the custody of States, and political subdivisions of a State, to Federal custody. (2) Contracts The Secretary may enter into contracts, including appropriate private contracts, to implement this subsection. . (2) Clerical amendment The table of contents of such Act is amended by inserting after the item relating to section 240C the following new item: Sec. 240D. Custody of aliens unlawfully present in the United States. . (b) GAO audit Not later than 3 years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct an audit of compensation to States, and to political subdivisions of a State, for the incarceration of inadmissible or deportable aliens under section 240D(a) of the Immigration and Nationality Act (as added by subsection (a)(1)). (c) Effective date Section 240D of the Immigration and Nationality Act, as added by subsection (a), shall take effect on the date of the enactment of this Act, except that subsection (e) of such section shall take effect on the date that is 120 day after the date of the enactment of this Act. 109. Training of State and local law enforcement personnel relating to the enforcement of immigration laws (a) Establishment of training manual and pocket guide Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish— (1) a training manual for law enforcement personnel of a State, or of a political subdivision of a State, to train such personnel in the investigation, identification, apprehension, arrest, detention, and transfer to Federal custody of inadmissible and deportable aliens in the United States (including the transportation of such aliens across State lines to detention centers and the identification of fraudulent documents); and (2) an immigration enforcement pocket guide for law enforcement personnel of a State, or of a political subdivision of a State, to provide a quick reference for such personnel in the course of duty. (b) Availability The training manual and pocket guide established in accordance with subsection (a) shall be made available to all State and local law enforcement personnel. (c) Applicability Nothing in this section shall be construed to require State or local law enforcement personnel to carry the training manual or pocket guide with them while on duty. (d) Costs The Secretary shall be responsible for any costs incurred in establishing the training manual and pocket guide. (e) Training flexibility (1) In general The Secretary shall make training of State and local law enforcement officers available through as many means as possible, including through residential training at the Center for Domestic Preparedness, onsite training held at State or local police agencies or facilities, online training courses by computer, teleconferencing, and videotape, or the digital video display (DVD) of a training course or courses. E-learning through a secure, encrypted distributed learning system that has all its servers based in the United States, is scalable, survivable, and can have a portal in place not later than 30 days after the date of the enactment of this Act, shall be made available by the Federal Law Enforcement Training Center Distributed Learning Program for State and local law enforcement personnel. (2) Federal personnel training The training of State and local law enforcement personnel under this section shall not displace the training of Federal personnel. (3) Clarification Nothing in this title or any other provision of law shall be construed as making any immigration-related training a requirement for, or prerequisite to, any State or local law enforcement officer to assist in the enforcement of Federal immigration laws. (4) Priority In carrying out this subsection, priority funding shall be given for existing web-based immigration enforcement training systems. 110. Immunity Notwithstanding any other provision of law, a law enforcement officer of a State or local law enforcement agency who is acting within the scope of the officer’s official duties shall be immune, to the same extent as a Federal law enforcement officer, from personal liability arising out of the performance of any duty described in this title, including the authorities to investigate, identify, apprehend, arrest, detain, or transfer to Federal custody, an alien for the purposes of enforcing the immigration laws of the United States (as defined in section 101(a)(17) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(17) ) or the immigration laws of a State or a political subdivision of a State. 111. Criminal alien identification program (a) Continuation and expansion (1) In general The Secretary shall continue to operate and implement a program that— (A) identifies removable criminal aliens in Federal and State correctional facilities; (B) ensures such aliens are not released into the community; and (C) removes such aliens from the United States after the completion of their sentences. (2) Expansion The program shall be extended to all States. Any State that receives Federal funds for the incarceration of criminal aliens (pursuant to the State Criminal Alien Assistance Program authorized under section 241(i) of the Immigration and Nationality Act ( 8 U.S.C. 1231(i) ) or other similar program) shall— (A) cooperate with officials of the program; (B) expeditiously and systematically identify criminal aliens in its prison and jail populations; and (C) promptly convey such information to officials of such program as a condition of receiving such funds. (b) Authorization for detention after completion of State or local prison sentence Law enforcement officers of a State, or of a political subdivision of a State, are authorized to— (1) hold a criminal alien for a period of up to 14 days after the alien has completed the alien’s sentence under State or local law in order to effectuate the transfer of the alien to Federal custody when the alien is inadmissible or deportable; or (2) issue a detainer that would allow aliens who have served a prison sentence under State or local law to be detained by the State or local prison or jail until the Secretary can take the alien into custody. (c) Technology usage Technology, such as video conferencing, shall be used to the maximum extent practicable in order to make the program available in remote locations. Mobile access to Federal databases of aliens and live scan technology shall be used to the maximum extent practicable in order to make these resources available to State and local law enforcement agencies in remote locations. (d) Effective date This section shall take effect of the date of the enactment of this Act, except that subsection (a)(2) shall take effect on the date that is 180 days after such date. 112. Clarification of congressional intent Section 287(g) of the Immigration and Nationality Act ( 8 U.S.C. 1357(g) ) is amended— (1) in paragraph (1) by striking may enter and all that follows through the period at the end and inserting the following: shall enter into a written agreement with a State, or any political subdivision of a State, upon request of the State or political subdivision, pursuant to which an officer or employee of the State or subdivision, who is determined by the Secretary to be qualified to perform a function of an immigration officer in relation to the investigation, apprehension, or detention of aliens in the United States (including the transportation of such aliens across State lines to detention centers), may carry out such function at the expense of the State or political subdivision and to extent consistent with State and local law. No request from a bona fide State or political subdivision or bona fide law enforcement agency shall be denied absent good cause. No limit on the number of agreements under this subsection may be imposed. The Secretary shall process requests for such agreements with all due haste, and in no case shall take not more than 90 days from the date the request is made until the agreement is consummated. ; (2) by redesignating paragraph (2) as paragraph (5) and paragraphs (3) through (10) as paragraphs (7) through (14), respectively; (3) by inserting after paragraph (1) the following: (2) An agreement under this subsection shall accommodate a requesting State or political subdivision with respect to the enforcement model or combination of models, and shall accommodate a patrol model, task force model, jail model, any combination thereof, or any other reasonable model the State or political subdivision believes is best suited to the immigration enforcement needs of its jurisdiction. (3) No Federal program or technology directed broadly at identifying inadmissible or deportable aliens shall substitute for such agreements, including those establishing a jail model, and shall operate in addition to any agreement under this subsection. (4) (A) No agreement under this subsection shall be terminated without good cause. (B) (i) The Secretary shall provide a State or political subdivision written notice of intent to terminate at least 180 days prior to date of intended termination, and the notice shall fully explain the grounds for termination, along with providing evidence substantiating the Secretary’s allegations. (ii) The State or political subdivision shall have the right to a hearing before an administrative law judge and, if the ruling is against the State or political subdivision, to appeal the ruling to the Federal Circuit Court of Appeals and, if the ruling is against the State or political subdivision, to the Supreme Court. (C) The agreement shall remain in full effect during the course of any and all legal proceedings. ; and (4) by inserting after paragraph (5) (as redesignated) the following: (6) The Secretary of Homeland Security shall make training of State and local law enforcement officers available through as many means as possible, including through residential training at the Center for Domestic Preparedness and the Federal Law Enforcement Training Center, onsite training held at State or local police agencies or facilities, online training courses by computer, teleconferencing, and videotape, or the digital video display (DVD) of a training course or courses. Distance learning through a secure, encrypted distributed learning system that has all its servers based in the United States, is scalable, survivable, and can have a portal in place not later than 30 days after the date of the enactment of this Act, shall be made available by the COPS Office of the Department of Justice and the Federal Law Enforcement Training Center Distributed Learning Program for State and local law enforcement personnel. Preference shall be given to private sector-based web-based immigration enforcement training programs for which the Federal Government has already provided support to develop. . 113. State criminal alien assistance program (SCAAP) Section 241(i) of the Immigration and Nationality Act ( 8 U.S.C. 1231(i) ) is amended— (1) by striking Attorney General the first place such term appears and inserting Secretary of Homeland Security ; (2) by striking Attorney General each place such term appears thereafter and inserting Secretary ; (3) in paragraph (3)(A), by inserting charged with or before convicted ; and (4) by amending paragraph (5) to read as follows: (5) There are authorized to be appropriated to carry out this subsection such sums as may be necessary for fiscal year 2014 and each subsequent fiscal year. . 114. State violations of enforcement of immigration laws (a) In general Section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) is amended— (1) by striking Immigration and Naturalization Service in each place it appears and inserting Department of Homeland Security ; (2) in subsection (a), by striking may and inserting shall ; (3) in subsection (b)— (A) by striking no person or agency may and inserting a person or agency shall not ; (B) by striking doing any of the following with respect to information and inserting undertaking any of the following law enforcement activities ; and (C) by striking paragraphs (1) through (3) and inserting the following: (1) Notifying the Federal Government regarding the presence of inadmissible and deportable aliens who are encountered by law enforcement personnel of a State or political subdivision of a State. (2) Complying with requests for information from Federal law enforcement. (3) Complying with detainers issued by the Department of Homeland Security. (4) Issuing policies in the form of a resolutions, ordinances, administrative actions, general or special orders, or departmental policies that violate Federal law or restrict a State or political subdivision of a State from complying with Federal law or coordinating with Federal law enforcement. ; and (4) by adding at the end the following: (d) Compliance (1) In general A State, or a political subdivision of a State, that has in effect a statute, policy, or practice that prohibits law enforcement officers of the State, or of a political subdivision of the State, from assisting or cooperating with Federal immigration law enforcement in the course of carrying out the officers’ routine law enforcement duties shall not be eligible to receive— (A) any of the funds that would otherwise be allocated to the State or political subdivision under section 241(i) of the Immigration and Nationality Act ( 8 U.S.C. 1231(i) ) or the Cops on the Beat program under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd et seq. ); or (B) any other law enforcement or Department of Homeland Security grant. (2) Annual determination The Secretary shall determine annually which State or political subdivision of a State are not in compliance with section and shall report such determinations to Congress on March 1 of each year. (3) Reports The Attorney General shall issue a report concerning the compliance of any particular State or political subdivision at the request of the House or Senate Judiciary Committee. Any jurisdiction that is found to be out of compliance shall be ineligible to receive Federal financial assistance as provided in paragraph (1) for a minimum period of 1 year, and shall only become eligible again after the Attorney General certifies that the jurisdiction is in compliance. (4) Reallocation Any funds that are not allocated to a State or to a political subdivision of a State, due to the failure of the State, or of the political subdivision of the State, to comply with subsection (c) shall be reallocated to States, or to political subdivisions of States, that comply with such subsection. (e) Construction Nothing in this section shall require law enforcement officials from States, or from political subdivisions of States, to report or arrest victims or witnesses of a criminal offense. . (b) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act, except that subsection (d) of section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1373 ), as added by this section, shall take effect beginning one year after the date of the enactment of this Act. 115. Clarifying the authority of ICE detainers Except as otherwise provided by Federal law or rule of procedure, the Secretary of Homeland Security shall execute all lawful writs, process, and orders issued under the authority of the United States, and shall command all necessary assistance to execute the Secretary’s duties. II National Security 201. Removal of, and denial of benefits to, terrorist aliens (a) Asylum Section 208(b)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1158(b)(2)(A) ) is amended— (1) by inserting or the Secretary of Homeland Security after if the Attorney General ; and (2) by amending clause (v) to read as follows: (v) the alien is described in subparagraph (B)(i) or (F) of section 212(a)(3), unless, in the case of an alien described in subparagraph (IV), (V), or (IX) of section 212(a)(3)(B)(i), the Secretary of Homeland Security or the Attorney General determines, in the discretion of the Secretary or the Attorney General, that there are not reasonable grounds for regarding the alien as a danger to the security of the United States; or . (b) Cancellation of removal Section 240A(c)(4) of such Act ( 8 U.S.C. 1229b(c)(4) ) is amended— (1) by striking inadmissible under and inserting described in ; and (2) by striking deportable under and inserting described in . (c) Voluntary departure Section 240B(b)(1)(C) of such Act (8 U.S.C. 1229c(b)(1)(C)) is amended by striking deportable under section 237(a)(2)(A)(iii) or section 237(a)(4); and inserting described in paragraph (2)(A)(iii) or (4) of section 237(a); . (d) Restriction on removal Section 241(b)(3)(B) of such Act ( 8 U.S.C. 1231(b)(3)(B) ) is amended— (1) by inserting or the Secretary of Homeland Security after Attorney General wherever that term appears; (2) in clause (iii), by striking or at the end; (3) in clause (iv), by striking the period at the end and inserting ; or ; (4) by inserting after clause (iv) the following: (v) the alien is described in subparagraph (B)(i) or (F) of section 212(a)(3), unless, in the case of an alien described in subparagraph (IV), (V), or (IX) of section 212(a)(3)(B)(i), the Secretary of Homeland Security or the Attorney General determines, in discretion of the Secretary or the Attorney General, that there are not reasonable grounds for regarding the alien as a danger to the security of the United States. ; and (5) by striking the final sentence. (e) Record of admission (1) In general Section 249 of such Act ( 8 U.S.C. 1259 ) is amended to read as follows: 249. Record of admission for permanent residence in the case of certain aliens who entered the United States prior to January 1, 1972 The Secretary of Homeland Security, in the discretion of the Secretary and under such regulations as the Secretary may prescribe, may enter a record of lawful admission for permanent residence in the case of any alien, if no such record is otherwise available and the alien— (1) entered the United States before January 1, 1972; (2) has continuously resided in the United States since such entry; (3) has been a person of good moral character since such entry; (4) is not ineligible for citizenship; (5) is not described in paragraph (1)(A)(iv), (2), (3), (6)(C), (6)(E), or (8) of section 212(a); and (6) did not, at any time, without reasonable cause fail or refuse to attend or remain in attendance at a proceeding to determine the alien’s inadmissibility or deportability. Such recordation shall be effective as of the date of approval of the application or as of the date of entry if such entry occurred prior to July 1, 1924. . (2) Clerical amendment The table of contents for such Act is amended by amending the item relating to section 249 to read as follows: Sec. 249. Record of admission for permanent residence in the case of certain aliens who entered the United States prior to January 1, 1972. . (f) Effective date The amendments made by this section shall take effect on the date of enactment of this Act and sections 208(b)(2)(A), 212(a), 240A, 240B, 241(b)(3), and 249 of the Immigration and Nationality Act, as so amended, shall apply to— (1) all aliens in removal, deportation, or exclusion proceedings; (2) all applications pending on, or filed after, the date of the enactment of this Act; and (3) with respect to aliens and applications described in paragraph (1) or (2) of this subsection, acts and conditions constituting a ground for exclusion, deportation, or removal occurring or existing before, on, or after the date of the enactment of this Act. 202. Terrorist bar to good moral character (a) Definition of good moral character Section 101(f) of the Immigration and Nationality Act ( 8 U.S.C. 1101(f) ) is amended— (1) by redesignating paragraphs (1) through (9) as paragraphs (2) through (10), respectively; (2) by inserting after paragraph (1) the following: (2) one who the Secretary of Homeland Security or Attorney General determines to have been at any time an alien described in section 212(a)(3) or 237(a)(4), which determination may be based upon any relevant information or evidence, including classified, sensitive, or national security information; ; (3) in paragraph (9) (as redesignated), by inserting , regardless whether the crime was classified as an aggravated felony at the time of conviction, except that the Secretary of Homeland Security or Attorney General may, in the unreviewable discretion of the Secretary or Attorney General, determine that this paragraph shall not apply in the case of a single aggravated felony conviction (other than murder, manslaughter, homicide, rape, or any sex offense when the victim of such sex offense was a minor) for which completion of the term of imprisonment or the sentence (whichever is later) occurred 10 or more years prior to the date of application after (as defined in subsection (a)(43)) ; and (4) by striking the first sentence the follows paragraph (10) (as redesignated) and inserting following: The fact that any person is not within any of the foregoing classes shall not preclude a discretionary finding for other reasons that such a person is or was not of good moral character. The Secretary or the Attorney General shall not be limited to the applicant’s conduct during the period for which good moral character is required, but may take into consideration as a basis for determination the applicant’s conduct and acts at any time. (b) Aggravated felons Section 509(b) of the Immigration Act of 1990 (8 U.S.C. 1101 note) is amended to read as follows: (b) Effective date The amendment made by subsection (a) shall take effect on November 29, 1990, and shall apply to convictions occurring before, on or after such date. . (c) Technical correction to the Intelligence Reform Act Section 5504(2) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( Public Law 108–458 ) is amended by striking adding at the end and inserting inserting after paragraph (8) . (d) Effective date The amendments made by subsections (a) and (b) shall take effect on the date of enactment of this Act, shall apply to any act that occurred before, on, or after such date and shall apply to any application for naturalization or any other benefit or relief, or any other case or matter under the immigration laws pending on or filed after such date. The amendments made by subsection (c) shall take effect as if enacted in the Intelligence Reform and Terrorism Prevention Act of 2004 ( Public Law 108–458 ). 203. Terrorist bar to naturalization (a) Naturalization of persons endangering the national security Section 316 of the Immigration and Nationality Act ( 8 U.S.C. 1426 ) is amended by adding at the end the following: (g) Persons endangering the national security No person shall be naturalized who the Secretary of Homeland Security determines to have been at any time an alien described in section 212(a)(3) or 237(a)(4). Such determination may be based upon any relevant information or evidence, including classified, sensitive, or national security information. . (b) Concurrent naturalization and removal proceedings Section 318 of the Immigration and Nationality Act ( 8 U.S.C. 1429 ) is amended by striking other Act; and inserting other Act; and no application for naturalization shall be considered by the Secretary of Homeland Security or any court if there is pending against the applicant any removal proceeding or other proceeding to determine the applicant’s inadmissibility or deportability, or to determine whether the applicant’s lawful permanent resident status should be rescinded, regardless of when such proceeding was commenced: Provided , That the findings of the Attorney General in terminating removal proceedings or in canceling the removal of an alien pursuant to the provisions of this Act, shall not be deemed binding in any way upon the Secretary of Homeland Security with respect to the question of whether such person has established his eligibility for naturalization as required by this title; . (c) Pending denaturalization or removal proceedings Section 204(b) of the Immigration and Nationality Act ( 8 U.S.C. 1154(b) ) is amended by adding at the end the following: No petition shall be approved pursuant to this section if there is any administrative or judicial proceeding (whether civil or criminal) pending against the petitioner that could (whether directly or indirectly) result in the petitioner’s denaturalization or the loss of the petitioner’s lawful permanent resident status. . (d) Conditional permanent residents Sections 216(e) and section 216A(e) of the Immigration and Nationality Act ( 8 U.S.C. 1186a(e) and 1186b(e)) are each amended by striking the period at the end and inserting , if the alien has had the conditional basis removed pursuant to this section. . (e) District court jurisdiction Subsection 336(b) of the Immigration and Nationality Act, 8 U.S.C. 1447(b) , is amended to read as follows: (b) If there is a failure to render a final administrative decision under section 335 before the end of the 180-day period after the date on which the Secretary of Homeland Security completes all examinations and interviews conducted under such section, as such terms are defined by the Secretary of Homeland Security pursuant to regulations, the applicant may apply to the district court for the district in which the applicant resides for a hearing on the matter. Such court shall only have jurisdiction to review the basis for delay and remand the matter to the Secretary of Homeland Security for the Secretary’s determination on the application. . (f) Conforming amendment Section 310(c) of the Immigration and Nationality Act ( 8 U.S.C. 1421(c) ) is amended— (1) by inserting , not later than the date that is 120 days after the Secretary of Homeland Security’s final determination, after seek ; and (2) by striking the second sentence and inserting the following: The burden shall be upon the petitioner to show that the Secretary’s denial of the application was not supported by facially legitimate and bona fide reasons. Except in a proceeding under section 340, notwithstanding any other provision of law (statutory or nonstatutory), including section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of such title, no court shall have jurisdiction to determine, or to review a determination of the Secretary made at any time regarding, whether, for purposes of an application for naturalization, an alien is a person of good moral character, whether the alien understands and is attached to the principles of the Constitution of the United States, or whether an alien is well disposed to the good order and happiness of the United States. . (g) Effective date The amendments made by this section shall take effect on the date of enactment of this Act, shall apply to any act that occurred before, on, or after such date, and shall apply to any application for naturalization or any other case or matter under the immigration laws pending on, or filed after, such date. 204. Denaturalization for terrorists (a) In general Section 340 of the Immigration and Nationality Act is amended— (1) by redesignating subsections (f) through (h) as subsections (g) through (i), respectively; and (2) by inserting after subsection (e) the following: (f) (1) If a person who has been naturalized participates in any act described in paragraph (2), the Attorney General is authorized to find that, as of the date of such naturalization, such person was not attached to the principles of the Constitution of the United States and was not well disposed to the good order and happiness of the United States at the time of naturalization, and upon such finding shall set aside the order admitting such person to citizenship and cancel the certificate of naturalization as having been obtained by concealment of a material fact or by willful misrepresentation, and such revocation and setting aside of the order admitting such person to citizenship and such canceling of certificate of naturalization shall be effective as of the original date of the order and certificate, respectively. (2) The acts described in this paragraph are the following: (A) Any activity a purpose of which is the opposition to, or the control or overthrow of, the Government of the United States by force, violence, or other unlawful means. (B) Engaging in a terrorist activity (as defined in clauses (iii) and (iv) of section 212(a)(3)(B)). (C) Incitement of terrorist activity under circumstances indicating an intention to cause death or serious bodily harm. (D) Receiving military-type training (as defined in section 2339D(c)(1) of title 18, United States Code) from or on behalf of any organization that, at the time the training was received, was a terrorist organization (as defined in section 212(a)(3)(B)(vi)). . (b) Effective date The amendments made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to acts that occur on or after such date. 205. Use of 1986 IRCA legalization information for national security purposes (a) Special agricultural workers Section 210(b)(6) of the Immigration and Nationality Act ( 8 U.S.C. 1160(b)(6) ) is amended— (1) by striking Attorney General each place such term appears and inserting Secretary of Homeland Security ; (2) in subparagraph (A), by striking Department of Justice, and inserting Department of Homeland Security, ; (3) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; (4) by inserting after subparagraph (B) the following: (C) Authorized disclosures (i) Census purpose The Secretary of Homeland Security may provide, in his discretion, for the furnishing of information furnished under this section in the same manner and circumstances as census information may be disclosed under section 8 of title 13, United States Code. (ii) National security purpose The Secretary of Homeland Security may provide, in his discretion, for the furnishing, use, publication, or release of information furnished under this section in any investigation, case, or matter, or for any purpose, relating to terrorism, national intelligence or the national security. ; and (5) in subparagraph (D), as redesignated, by striking Service and inserting Department of Homeland Security . (b) Adjustment of status under the Immigration Reform and Control Act of 1986 Section 245A(c)(5) of the Immigration and Nationality Act (8 U.S.C. 1255a(c)(5)), is amended— (1) by striking Attorney General each place such term appears and inserting Secretary of Homeland Security ; (2) in subparagraph (A), by striking Department of Justice, and inserting Department of Homeland Security, ; (3) by amending subparagraph (C) to read as follows: (C) Authorized disclosures (i) Census purpose The Secretary of Homeland Security may provide, in his discretion, for the furnishing of information furnished under this section in the same manner and circumstances as census information may be disclosed under section 8 of title 13, United States Code. (ii) National security purpose The Secretary of Homeland Security may provide, in his discretion, for the furnishing, use, publication, or release of information furnished under this section in any investigation, case, or matter, or for any purpose, relating to terrorism, national intelligence or the national security. ; and (4) in subparagraph (D), striking Service and inserting Department of Homeland Security . 206. Background and security checks (a) Requirement To complete background and security checks Section 103 of the Immigration and Nationality Act ( 8 U.S.C. 1103 ) is amended by adding at the end the following: (h) Notwithstanding any other provision of law (statutory or nonstatutory), including but not limited to section 309 of Public Law 107–173 , sections 1361 and 1651 of title 28, United States Code, and section 706(1) of title 5, United States Code, neither the Secretary of Homeland Security, the Attorney General, nor any court may— (1) grant, or order the grant of or adjudication of an application for adjustment of status to that of an alien lawfully admitted for permanent residence; (2) grant, or order the grant of or adjudication of an application for United States citizenship or any other status, relief, protection from removal, employment authorization, or other benefit under the immigration laws; (3) grant, or order the grant of or adjudication of, any immigrant or nonimmigrant petition; or (4) issue or order the issuance of any documentation evidencing or related to any such grant, until such background and security checks as the Secretary may in his discretion require have been completed or updated to the satisfaction of the Secretary. (i) Notwithstanding any other provision of law (statutory or nonstatutory), including but not limited to section 309 of Public Law 107–173 , sections 1361 and 1651 of title 28, United States Code, and section 706(1) of title 5, United States Code, neither the Secretary of Homeland Security nor the Attorney General may be required to— (1) grant, or order the grant of or adjudication of an application for adjustment of status to that of an alien lawfully admitted for permanent residence, (2) grant, or order the grant of or adjudication of an application for United States citizenship or any other status, relief, protection from removal, employment authorization, or other benefit under the immigration laws, (3) grant, or order the grant of or adjudication of, any immigrant or nonimmigrant petition, or (4) issue or order the issuance of any documentation evidencing or related to any such grant, until any suspected or alleged materially false information, material misrepresentation or omission, concealment of a material fact, fraud or forgery, counterfeiting, or alteration, or falsification of a document, as determined by the Secretary, relating to the adjudication of an application or petition for any status (including the granting of adjustment of status), relief, protection from removal, or other benefit under this subsection has been investigated and resolved to the Secretary’s satisfaction. (j) Notwithstanding any other provision of law (statutory or nonstatutory), including section 309 of the Enhanced Border Security and Visa Entry Reform Act ( 8 U.S.C. 1738 ), sections 1361 and 1651 of title 28, United States Code, and section 706(1) of title 5, United States Code, no court shall have jurisdiction to require any of the acts in subsection (h) or (i) to be completed by a certain time or award any relief for failure to complete or delay in completing such acts. . (b) Construction (1) In general Chapter 4 of title III of the Immigration and Nationality Act ( 8 U.S.C. 1501 et seq. ) is amended by adding at the end the following: 362. Construction (a) In general Nothing in this Act or any other law, except as provided in subsection (d), shall be construed to require the Secretary of Homeland Security, the Attorney General, the Secretary of State, the Secretary of Labor, or a consular officer to grant any application, approve any petition, or grant or continue any relief, protection from removal, employment authorization, or any other status or benefit under the immigration laws by, to, or on behalf of— (1) any alien deemed by the Secretary to be described in section 212(a)(3) or section 237(a)(4); or (2) any alien with respect to whom a criminal or other proceeding or investigation is open or pending (including, but not limited to, issuance of an arrest warrant, detainer, or indictment), where such proceeding or investigation is deemed by the official described in subsection (a) to be material to the alien’s eligibility for the status or benefit sought. (b) Denial or withholding of adjudication An official described in subsection (a) may, in the discretion of the official, deny (with respect to an alien described in paragraph (1) or (2) of subsection (a)) or withhold adjudication of pending resolution of the investigation or case (with respect to an alien described in subsection (a)(2) of this section) any application, petition, relief, protection from removal, employment authorization, status or benefit. (c) Jurisdiction Notwithstanding any other provision of law (statutory or nonstatutory), including section 309 of the Enhanced Border Security and Visa Entry Reform Act ( 8 U.S.C. 1738 ), sections 1361 and 1651 of title 28, United States Code, and section 706(1) of title 5, United States Code, no court shall have jurisdiction to review a decision to deny or withhold adjudication pursuant to subsection (b) of this section. (d) Withholding of Removal and Torture Convention This section does not limit or modify the applicability of section 241(b)(3) or the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, subject to any reservations, understandings, declarations and provisos contained in the United States Senate resolution of ratification of the Convention, as implemented by section 2242 of the Foreign Affairs Reform and Restructuring Act of 1998 ( Public Law 105–277 ) with respect to an alien otherwise eligible for protection under such provisions. . (2) Clerical amendment The table of contents for such Act is amended by inserting after the item relating to section 361 the following: 362. Construction. . (c) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to applications for immigration benefits pending on or after such date. 207. Technical amendments relating to the Intelligence Reform and Terrorism Prevention Act of 2004 (a) Transit Without Visa program Section 7209(d) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 8 U.S.C. 1185 note) is amended by striking the Secretary, in conjunction with the Secretary of Homeland Security, and inserting the Secretary of Homeland Security, in consultation with the Secretary of State, . (b) Technology acquisition and dissemination plan Section 7201(c)(1) of such Act is amended by inserting and the Department of State after used by the Department of Homeland Security . III Removal of Criminal Aliens 301. Definition of aggravated felony and conviction (a) Definition of aggravated felony Section 101(a)(43) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(43) ) is amended— (1) by striking The term aggravated felony means— and inserting Notwithstanding any other provision of law, the term aggravated felony applies to an offense described in this paragraph, whether in violation of Federal or State law, or in violation of the law of a foreign country for which the term of imprisonment was completed within the previous 15 years, even if the length of the term of imprisonment for the offense is based on recidivist or other enhancements and regardless of whether the conviction was entered before, on, or after September 30, 1996, and means— ; (2) in subparagraph (A), by striking murder, rape, or sexual abuse of a minor; and inserting murder, manslaughter, homicide, rape (whether the victim was conscious or unconscious), or any offense of a sexual nature involving a victim under the age of 18 years; ; (3) in subparagraph (I), by striking or 2252 and inserting 2252, or 2252A . (4) in subparagraph (F), by striking at least one year; and inserting is at least one year, except that if the conviction records do not conclusively establish whether a crime constitutes a crime of violence, the Attorney General may consider other evidence related to the conviction that clearly establishes that the conduct for which the alien was engaged constitutes a crime of violence; (5) in subparagraph (N), by striking paragraph (1)(A) or (2) of ; (6) in subparagraph (O), by striking section 275(a) or 276 committed by an alien who was previously deported on the basis of a conviction for an offense described in another subparagraph of this paragraph and inserting section 275 or 276 for which the term of imprisonment is at least 1 year ; (7) in subparagraph (U), by striking an attempt or conspiracy to commit an offense described in this paragraph and inserting attempting or conspiring to commit an offense described in this paragraph, or aiding, abetting, counseling, procuring, commanding, inducing, or soliciting the commission of such an offense. ; and (8) by striking the undesignated matter following subparagraph (U). (b) Definition of conviction Section 101(a)(48) of such Act ( 8 U.S.C. 1101(a)(48) ) is amended by adding at the end the following: (C) Any reversal, vacatur, expungement, or modification to a conviction, sentence, or conviction record that was granted to ameliorate the consequences of the conviction, sentence, or conviction record, or was granted for rehabilitative purposes, or for failure to advise the alien of the immigration consequences of a guilty plea or a determination of guilt, shall have no effect on the immigration consequences resulting from the original conviction. The alien shall have the burden of demonstrating that any reversal, vacatur, expungement, or modification was not granted to ameliorate the consequences of the conviction, sentence, or conviction record, for rehabilitative purposes, or for failure to advise the alien of the immigration consequences of a guilty plea or a determination of guilt, except where the alien establishes a pardon consistent with section 237(a)(2)(A)(vi). . (c) Effective date; application of amendments (1) In general The amendments made by subsection (a)— (A) shall take effect on the date of the enactment of this Act; and (B) shall apply to any act or conviction that occurred before, on, or after such date. (2) Application of IIRIRA amendments The amendments to section 101(a)(43) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(43) ) made by section 321 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208 ; 110 Stat. 3009-627) shall continue to apply, whether the conviction was entered before, on, or after September 30, 1996. 302. Precluding admissibility of aliens convicted of aggravated felonies or other serious offenses (a) Inadmissibility on criminal and related grounds; waivers Section 212 of the Immigration and Nationality Act ( 8 U.S.C. 1182 ) is amended— (1) in subparagraph (a)(2)(A)(i)— (A) in subclause (I), by striking or at the end; (B) in subclause (II), by adding or at the end; and (C) by inserting after subclause (II) the following: (III) a violation of (or a conspiracy or attempt to violate) an offense described in section 408 of title 42, United States Code (relating to social security account numbers or social security cards) or section 1028 of title 18, United States Code (relating to fraud and related activity in connection with identification documents, authentication features, and information); . (2) by adding at the end of subsection (a)(2) the following: (J) Procurement of citizenship or naturalization unlawfully Any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of, a violation of, or an attempt or a conspiracy to violate, subsection (a) or (b) of section 1425 of title 18, United States Code (relating to the procurement of citizenship or naturalization unlawfully) is inadmissible. (K) Certain firearm offenses Any alien who at any time has been convicted under any law of, or who admits having committed or admits committing acts which constitute the essential elements of, purchasing, selling, offering for sale, exchanging, using, owning, possessing, or carrying, or of attempting or conspiring to purchase, sell, offer for sale, exchange, use, own, possess, or carry, any weapon, part, or accessory which is a firearm or destructive device (as defined in section 921(a) of title 18, United States Code) in violation of any law is inadmissible. (L) Aggravated felons Any alien who has been convicted of an aggravated felony at any time is inadmissible. (M) Crimes of domestic violence, stalking, or violation of protection orders, crimes against children (i) Domestic violence, stalking, and child abuse Any alien who at any time is convicted of, or who admits having committed or admits committing acts which constitute the essential elements of, a crime of domestic violence, a crime of stalking, or a crime of child abuse, child neglect, or child abandonment is inadmissible. For purposes of this clause, the term crime of domestic violence means any crime of violence (as defined in section 16 of title 18, United States Code) against a person committed by a current or former spouse of the person, by an individual with whom the person shares a child in common, by an individual who is cohabiting with or has cohabited with the person as a spouse, by an individual similarly situated to a spouse of the person under the domestic or family violence laws of the jurisdiction where the offense occurs, or by any other individual against a person who is protected from that individual’s acts under the domestic or family violence laws of the United States or any State, Indian tribal government, or unit of local or foreign government. (ii) Violators of protection orders Any alien who at any time is enjoined under a protection order issued by a court and whom the court determines has engaged in conduct that violates the portion of a protection order that involves protection against credible threats of violence, repeated harassment, or bodily injury to the person or persons for whom the protection order was issued is inadmissible. For purposes of this clause, the term protection order means any injunction issued for the purpose of preventing violent or threatening acts of domestic violence, including temporary or final orders issued by civil or criminal courts (other than support or child custody orders or provisions) whether obtained by filing an independent action or as a independent order in another proceeding. (iii) Waiver authorized The waiver authority available under section 237(a)(7) with respect to section 237(a)(2)(E)(i) shall be available on a comparable basis with respect to this subparagraph. (iv) Clarification If the conviction records do not conclusively establish whether a crime of domestic violence constitutes a crime of violence (as defined in section 16 of title 18, United States Code), the Attorney General may consider other evidence related to the conviction that clearly establishes that the conduct for which the alien was engaged constitutes a crime of violence. ; and (3) in subsection (h)— (A) by striking The Attorney General may, in his discretion, waive the application of subparagraphs (A)(i)(I), (B), (D), and (E) of subsection (a)(2) and inserting The Attorney General or the Secretary of Homeland Security may, in the discretion of the Attorney General or the Secretary, waive the application of subparagraphs (A)(i)(I), (III), (B), (D), (E), (K), and (M) of subsection (a)(2) ; (B) by striking a criminal act involving torture. and inserting a criminal act involving torture, or has been convicted of an aggravated felony. ; (C) by striking if either since the date of such admission the alien has been convicted of an aggravated felony or the alien and inserting if since the date of such admission the alien ; and (D) by inserting or Secretary of Homeland Security after the Attorney General wherever that phrase appears. (b) Deportability; criminal offenses Section 237(a)(3)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1227(a)(3)(B) ) is amended— (1) in clause (ii), by striking or at the end; (2) in clause (iii), by inserting or at the end; and (3) by inserting after clause (iii) the following: (iv) of a violation of, or an attempt or a conspiracy to violate, section 1425(a) or (b) of Title 18 (relating to the procurement of citizenship or naturalization unlawfully), . (c) Deportability; criminal offenses Section 237(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1227(a)(2) ) is amended by adding at the end the following: (G) Any alien who at any time after admission has been convicted of a violation of (or a conspiracy or attempt to violate) section 408 of title 42, United States Code (relating to social security account numbers or social security cards) or section 1028 of title 18, United States Code (relating to fraud and related activity in connection with identification) is deportable. . (d) Effective date The amendments made by this section shall apply— (1) to any act that occurred before, on, or after the date of the enactment of this Act; and (2) to all aliens who are required to establish admissibility on or after such date, and in all removal, deportation, or exclusion proceedings that are filed, pending, or reopened, on or after such date. (e) Construction The amendments made by subsection (a) shall not be construed to create eligibility for relief from removal under former section 212(c) of the Immigration and Nationality Act where such eligibility did not exist before these amendments became effective. 303. Espionage clarification Section 212(a)(3)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(A) ), is amended to read as follows: (A) Any alien who a consular officer, the Attorney General, or the Secretary of Homeland Security knows, or has reasonable ground to believe, seeks to enter the United States to engage solely, principally, or incidentally in, or who is engaged in, or with respect to clauses (i) and (iii) of this subparagraph has engaged in— (i) any activity— (I) to violate any law of the United States relating to espionage or sabotage; or (II) to violate or evade any law prohibiting the export from the United States of goods, technology, or sensitive information; (ii) any other unlawful activity; or (iii) any activity a purpose of which is the opposition to, or the control or overthrow of, the Government of the United States by force, violence, or other unlawful means; is inadmissible. . 304. Prohibition of the sale of firearms to, or the possession of firearms by, certain aliens Section 922 of title 18, United States Code, is amended— (1) in subsection (d)(5), in subparagraph (B), by striking (y)(2) and all that follows and inserting (y), is in the United States not as an alien lawfully admitted for permanent residence ; (2) in subsection (g)(5), in subparagraph (B), by striking (y)(2) and all that follows and inserting (y), is in the United States not as an alien lawfully admitted for permanent residence ; and (3) in subsection (y)— (A) in the header, by striking admitted under nonimmigrant visas .— and inserting not lawfully admitted for permanent residence ; (B) in paragraph (1), by amending subparagraph (B) to read as follows: (B) the term lawfully admitted for permanent residence has the same meaning as in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20). . (C) in paragraph (2), by striking under a nonimmigrant visa and inserting but not lawfully admitted for permanent residence ; and (D) in paragraph (3)(A), by striking admitted to the United States under a nonimmigrant visa and inserting lawfully admitted to the United States but not as an alien lawfully admitted for permanent residence . 305. Uniform statute of limitations for certain immigration, naturalization, and peonage offenses Section 3291 of title 18, United States Code, is amended by striking No person through the period at the end and inserting the following: No person shall be prosecuted, tried, or punished for a violation of any section of chapters 69 (relating to nationality and citizenship offenses) and 75 (relating to passport, visa, and immigration offenses), or for a violation of any criminal provision of sections 243, 266, 274, 275, 276, 277, or 278 of the Immigration and Nationality Act, or for an attempt or conspiracy to violate any such section, unless the indictment is returned or the information is filed within ten years after the commission of the offense. . 306. Conforming amendment to the definition of racketeering activity Section 1961(1) of title 18, United States Code, is amended by striking section 1542 through section 1546 (relating to fraud and misuse of visas, permits, and other documents) and inserting sections 1541-1548 (relating to passports and visas) . 307. Conforming amendments for the aggravated felony definition (a) In general Subparagraph (P) of section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)) is amended— (1) by striking (i) which either is falsely making, forging, counterfeiting, mutilating, or altering a passport or instrument in violation of section 1543 of title 18, United States Code, or is described in section 1546(a) of such title (relating to document fraud) and (ii) and inserting which is described in any section of chapter 75 of title 18, United States Code, ; and (2) by inserting after first offense the following: (i) that is not described in section 1548 of such title (relating to increased penalties), and (ii) . (b) Effective date The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to acts that occur before, on, or after the date of the enactment of this Act. 308. Precluding refugee or asylee adjustment of status for aggravated felons (a) In general Section 209(c) of the Immigration and Nationality Act (8 U.S.C. 1159(c)) is amended by adding at the end thereof the following: However, an alien who is convicted of an aggravated felony is not eligible for a waiver or for adjustment of status under this section. . (b) Effective date The amendment made by subsection (a) shall apply— (1) to any act that occurred before, on, or after the date of the enactment of this Act; and (2) to all aliens who are required to establish admissibility on or after such date, and in all removal, deportation, or exclusion proceedings that are filed, pending, or reopened, on or after such date. 309. Inadmissibility and deportability of drunk drivers (a) In general Section 101(a)(43) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(43) ) is amended— (1) in subparagraph (T), by striking and ; (2) in subparagraph (U); by striking the period at the end and inserting ; and ; and (3) by inserting after subparagraph (U) the following:. (V) A second conviction for driving while intoxicated (including a conviction for driving while under the influence of or impaired by alcohol or drugs) without regard to whether the conviction is classified as a misdemeanor or felony under State law. . (b) Effective date The amendments made by subsection (a) shall take effect on the date of the enactment of this Act and apply to convictions entered on or after such date. 310. Detention of dangerous aliens (a) In general Section 241(a) of the Immigration and Nationality Act (8 U.S.C. 1231(a)) is amended— (1) by striking Attorney General each place it appears, except for the first reference in paragraph (4)(B)(i), and inserting Secretary of Homeland Security ; (2) in paragraph (1), by amending subparagraph (B) to read as follows: (B) Beginning of period The removal period begins on the latest of the following: (i) The date the order of removal becomes administratively final. (ii) If the alien is not in the custody of the Secretary on the date the order of removal becomes administratively final, the date the alien is taken into such custody. (iii) If the alien is detained or confined (except under an immigration process) on the date the order of removal becomes administratively final, the date the alien is taken into the custody of the Secretary, after the alien is released from such detention or confinement. ; (3) in paragraph (1), by amending subparagraph (C) to read as follows: (C) Suspension of period (i) Extension The removal period shall be extended beyond a period of 90 days and the Secretary may, in the Secretary’s sole discretion, keep the alien in detention during such extended period if— (I) the alien fails or refuses to make all reasonable efforts to comply with the removal order, or to fully cooperate with the Secretary’s efforts to establish the alien’s identity and carry out the removal order, including making timely application in good faith for travel or other documents necessary to the alien's departure or conspires or acts to prevent the alien's removal that is subject to an order of removal; (II) a court, the Board of Immigration Appeals, or an immigration judge orders a stay of removal of an alien who is subject to an administratively final order of removal; (III) the Secretary transfers custody of the alien pursuant to law to another Federal agency or a State or local government agency in connection with the official duties of such agency; or (IV) a court or the Board of Immigration Appeals orders a remand to an immigration judge or the Board of Immigration Appeals, during the time period when the case is pending a decision on remand (with the removal period beginning anew on the date that the alien is ordered removed on remand). (ii) Renewal If the removal period has been extended under clause (C)(i), a new removal period shall be deemed to have begun on the date— (I) the alien makes all reasonable efforts to comply with the removal order, or to fully cooperate with the Secretary’s efforts to establish the alien’s identity and carry out the removal order; (II) the stay of removal is no longer in effect; or (III) the alien is returned to the custody of the Secretary. (iii) Mandatory detention for certain aliens In the case of an alien described in subparagraphs (A) through (D) of section 236(c)(1), the Secretary shall keep that alien in detention during the extended period described in clause (i). (iv) Sole form of relief An alien may seek relief from detention under this subparagraph only by filing an application for a writ of habeas corpus in accordance with chapter 153 of title 28, United States Code. No alien whose period of detention is extended under this subparagraph shall have the right to seek release on bond. ; (4) in paragraph (3)— (A) by adding after If the alien does not leave or is not removed within the removal period the following: or is not detained pursuant to paragraph (6) of this subsection ; and (B) by striking subparagraph (D) and inserting the following: (D) to obey reasonable restrictions on the alien’s conduct or activities that the Secretary prescribes for the alien, in order to prevent the alien from absconding, for the protection of the community, or for other purposes related to the enforcement of the immigration laws. ; (5) in paragraph (4)(A), by striking paragraph (2) and inserting subparagraph (B) ; and (6) by striking paragraph (6) and inserting the following: (6) Additional rules for detention or release of certain aliens (A) Detention review process for cooperative aliens established For an alien who is not otherwise subject to mandatory detention, who has made all reasonable efforts to comply with a removal order and to cooperate fully with the Secretary of Homeland Security's efforts to establish the alien's identity and carry out the removal order, including making timely application in good faith for travel or other documents necessary to the alien's departure, and who has not conspired or acted to prevent removal, the Secretary shall establish an administrative review process to determine whether the alien should be detained or released on conditions. The Secretary shall make a determination whether to release an alien after the removal period in accordance with subparagraph (B). The determination shall include consideration of any evidence submitted by the alien, and may include consideration of any other evidence, including any information or assistance provided by the Secretary of State or other Federal official and any other information available to the Secretary of Homeland Security pertaining to the ability to remove the alien. (B) Authority to detain beyond removal period (i) In general The Secretary of Homeland Security, in the exercise of the Secretary’s sole discretion, may continue to detain an alien for 90 days beyond the removal period (including any extension of the removal period as provided in paragraph (1)(C)). An alien whose detention is extended under this subparagraph shall have no right to seek release on bond. (ii) specific circumstances The Secretary of Homeland Security, in the exercise of the Secretary’s sole discretion, may continue to detain an alien beyond the 90 days authorized in clause (i)— (I) until the alien is removed, if the Secretary, in the Secretary’s sole discretion, determines that there is a significant likelihood that the alien— (aa) will be removed in the reasonably foreseeable future; or (bb) would be removed in the reasonably foreseeable future, or would have been removed, but for the alien's failure or refusal to make all reasonable efforts to comply with the removal order, or to cooperate fully with the Secretary's efforts to establish the alien's identity and carry out the removal order, including making timely application in good faith for travel or other documents necessary to the alien's departure, or conspires or acts to prevent removal; (II) until the alien is removed, if the Secretary of Homeland Security certifies in writing— (aa) in consultation with the Secretary of Health and Human Services, that the alien has a highly contagious disease that poses a threat to public safety; (bb) after receipt of a written recommendation from the Secretary of State, that release of the alien is likely to have serious adverse foreign policy consequences for the United States; (cc) based on information available to the Secretary of Homeland Security (including classified, sensitive, or national security information, and without regard to the grounds upon which the alien was ordered removed), that there is reason to believe that the release of the alien would threaten the national security of the United States; or (dd) that the release of the alien will threaten the safety of the community or any person, conditions of release cannot reasonably be expected to ensure the safety of the community or any person, and either (AA) the alien has been convicted of one or more aggravated felonies (as defined in section 101(a)(43)(A)) or of one or more crimes identified by the Secretary of Homeland Security by regulation, or of one or more attempts or conspiracies to commit any such aggravated felonies or such identified crimes, if the aggregate term of imprisonment for such attempts or conspiracies is at least 5 years; or (BB) the alien has committed one or more crimes of violence (as defined in section 16 of title 18, United States Code, but not including a purely political offense) and, because of a mental condition or personality disorder and behavior associated with that condition or disorder, the alien is likely to engage in acts of violence in the future; or (III) pending a certification under subclause (II), so long as the Secretary of Homeland Security has initiated the administrative review process not later than 30 days after the expiration of the removal period (including any extension of the removal period, as provided in paragraph (1)(C)). (iii) No right to bond hearing An alien whose detention is extended under this subparagraph shall have no right to seek release on bond, including by reason of a certification under clause (ii)(II). (C) Renewal and delegation of certification (i) Renewal The Secretary of Homeland Security may renew a certification under subparagraph (B)(ii)(II) every 6 months, after providing an opportunity for the alien to request reconsideration of the certification and to submit documents or other evidence in support of that request. If the Secretary does not renew a certification, the Secretary may not continue to detain the alien under subparagraph (B)(ii)(II). (ii) Delegation Notwithstanding section 103, the Secretary of Homeland Security may not delegate the authority to make or renew a certification described in item (bb), (cc), or (dd) of subparagraph (B)(ii)(II) below the level of the Assistant Secretary for Immigration and Customs Enforcement. (iii) Hearing The Secretary of Homeland Security may request that the Attorney General or the Attorney General's designee provide for a hearing to make the determination described in item (dd)(BB) of subparagraph (B)(ii)(II). (D) Release on conditions If it is determined that an alien should be released from detention by a Federal court, the Board of Immigration Appeals, or if an immigration judge orders a stay of removal, the Secretary of Homeland Security, in the exercise of the Secretary's discretion, may impose conditions on release as provided in paragraph (3). (E) Redetention The Secretary of Homeland Security, in the exercise of the Secretary's discretion, without any limitations other than those specified in this section, may again detain any alien subject to a final removal order who is released from custody, if removal becomes likely in the reasonably foreseeable future, the alien fails to comply with the conditions of release, or to continue to satisfy the conditions described in subparagraph (A), or if, upon reconsideration, the Secretary, in the Secretary’s sole discretion, determines that the alien can be detained under subparagraph (B). This section shall apply to any alien returned to custody pursuant to this subparagraph, as if the removal period terminated on the day of the redetention. (F) Review of determinations by Secretary A determination by the Secretary under this paragraph shall not be subject to review by any other agency. . (b) Detention of aliens during removal proceedings (1) Clerical amendment (A) Section 236 of the Immigration and Nationality Act ( 8 U.S.C. 1226 ) is amended by striking Attorney General each place it appears (except in the second place that term appears in section 236(a)) and inserting Secretary of Homeland Security . (B) Section 236(a) of such Act (8 U.S.C. 1226(a)) is amended by inserting the Secretary of Homeland Security or before the Attorney General— . (C) Section 236(e) of such Act (8 U.S.C. 1226(e)) is amended by striking Attorney General’s and inserting Secretary of Homeland Security’s . (2) Length of detention Section 236 of such Act ( 8 U.S.C. 1226 ) is amended by adding at the end the following: (f) Length of detention (1) In general Notwithstanding any other provision of this section, an alien may be detained under this section for any period, without limitation, except as provided in subsection (h), until the alien is subject to a final order of removal. (2) Construction The length of detention under this section shall not affect detention under section 241. . (3) Detention of criminal aliens Section 236(c)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1226(c)(1) ) is amended, in the matter following subparagraph (D) to read as follows: any time after the alien is released, without regard to whether an alien is released related to any activity, offense, or conviction described in this paragraph; to whether the alien is released on parole, supervised release, or probation; or to whether the alien may be arrested or imprisoned again for the same offense. If the activity described in this paragraph does not result in the alien being taken into custody by any person other than the Secretary, then when the alien is brought to the attention of the Secretary or when the Secretary determines it is practical to take such alien into custody, the Secretary shall take such alien into custody. . (4) Administrative review Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226), as amended by paragraph (2), is further amended by adding at the end the following: (g) Administrative review (1) In general The Attorney General’s review of the Secretary’s custody determinations under subsection (a) for the following classes of aliens shall be limited to whether the alien may be detained, released on bond (of at least $1,500 with security approved by the Secretary), or released with no bond: (A) Aliens in exclusion proceedings. (B) Aliens described in section 212(a)(3) or 237(a)(4). (C) Aliens described in subsection (c). (2) Special rule The Attorney General’s review of the Secretary’s custody determinations under subsection (a) for aliens in deportation proceedings subject to section 242(a)(2) of the Act (as in effect prior to April 1, 1997, and as amended by section 440(c) of Public Law 104–132) shall be limited to a determination of whether the alien is properly included in such category. (h) Release on bond (1) In general An alien detained under subsection (a) may seek release on bond. No bond may be granted except to an alien who establishes by clear and convincing evidence that the alien is not a flight risk or a risk to another person or the community. (2) Certain aliens ineligible No alien detained under subsection (c) may seek release on bond. . (5) Clerical amendments (A) Section 236(a)(2)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1226(a)(2)(B) ) is amended by striking conditional parole and inserting recognizance . (B) Section 236(b) of such Act (8 U.S.C. 1226(b)) is amended by striking parole and inserting recognizance . (c) Severability If any of the provisions of this section or any amendment by this section, or the application of any such provision to any person or circumstance, is held to be invalid for any reason, the remainder of this section and of amendments made by this section, and the application of the provisions and of the amendments made by this section to any other person or circumstance shall not be affected by such holding. (d) Effective dates (1) The amendments made by subsection (a) shall take effect upon the date of enactment of this Act, and section 241 of the Immigration and Nationality Act, as so amended, shall in addition apply to— (A) all aliens subject to a final administrative removal, deportation, or exclusion order that was issued before, on, or after the date of the enactment of this Act; and (B) acts and conditions occurring or existing before, on, or after such date. (2) The amendments made by subsection (b) shall take effect upon the date of the enactment of this Act, and section 236 of the Immigration and Nationality Act, as so amended, shall in addition apply to any alien in detention under provisions of such section on or after such date. 311. Grounds of inadmissibility and deportability for alien gang members (a) Definition of gang member Section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ) is amended by adding at the end the following: (53) (A) The term criminal gang means an ongoing group, club, organization, or association of 5 or more persons that has as one of its primary purposes the commission of 1 or more of the following criminal offenses and the members of which engage, or have engaged within the past 5 years, in a continuing series of such offenses, or that has been designated as a criminal gang by the Secretary of Homeland Security, in consultation with the Attorney General, as meeting these criteria. The offenses described, whether in violation of Federal or State law or foreign law and regardless of whether the offenses occurred before, on, or after the date of the enactment of this paragraph, are the following: (i) A felony drug offense (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)). (ii) An offense under section 274 (relating to bringing in and harboring certain aliens), section 277 (relating to aiding or assisting certain aliens to enter the United States), or section 278 (relating to importation of alien for immoral purpose). (iii) A crime of violence (as defined in section 16 of title 18, United States Code). (iv) A crime involving obstruction of justice, tampering with or retaliating against a witness, victim, or informant, or burglary. (v) Any conduct punishable under sections 1028 and 1029 of title 18, United States Code (relating to fraud and related activity in connection with identification documents or access devices), sections 1581 through 1594 of such title (relating to peonage, slavery and trafficking in persons), section 1952 of such title (relating to interstate and foreign travel or transportation in aid of racketeering enterprises), section 1956 of such title (relating to the laundering of monetary instruments), section 1957 of such title (relating to engaging in monetary transactions in property derived from specified unlawful activity), or sections 2312 through 2315 of such title (relating to interstate transportation of stolen motor vehicles or stolen property). (vi) A conspiracy to commit an offense described in clauses (i) through (v). (B) Notwithstanding any other provision of law (including any effective date), the term applies regardless of whether the conduct occurred before, on, or after the date of the enactment of this paragraph. . (b) Inadmissibility Section 212(a)(2) of such Act (8 U.S.C. 1182(a)(2)), as amended by section 302(a)(2) of this Act, is further amended by adding at the end the following: (N) Aliens associated with criminal gangs Any alien is inadmissible who a consular officer, the Secretary of Homeland Security, or the Attorney General knows or has reason to believe— (i) to be or to have been a member of a criminal gang (as defined in section 101(a)(53)); or (ii) to have participated in the activities of a criminal gang (as defined in section 101(a)(53)), knowing or having reason to know that such activities will promote, further, aid, or support the illegal activity of the criminal gang. . (c) Deportability Section 237(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1227(a)(2) ), as amended by section 302(c) of this Act, is further amended by adding at the end the following: (H) Aliens associated with criminal gangs Any alien is deportable who the Secretary of Homeland Security or the Attorney General knows or has reason to believe— (i) is or has been a member of a criminal gang (as defined in section 101(a)(53)); or (ii) has participated in the activities of a criminal gang (as so defined), knowing or having reason to know that such activities will promote, further, aid, or support the illegal activity of the criminal gang. . (d) Designation (1) In general Chapter 2 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1182 ) is amended by inserting after section 219 the following: 220. Designation (a) In general The Secretary of Homeland Security, in consultation with the Attorney General, and the Secretary of State may designate a groups or association as a criminal street gangs if their conduct is described in section 101(a)(53) or if the group or association conduct poses a significant risk that threatens the security and the public safety of United States nationals or the national security, homeland security, foreign policy, or economy of the United States. (b) Effective date Designations under subsection (a) shall remain in effect until the designation is revoked after consultation between the Secretary of Homeland Security, the Attorney General, and the Secretary of State or is terminated in accordance with Federal law. . (2) Clerical amendment The table of contents for such Act is amended by inserting after the item relating to section 219 the following: 220. Designation. . (e) Mandatory detention of criminal street gang members (1) In general Section 236(c)(1)(D) of the Immigration and Nationality Act ( 8 U.S.C. 1226(c)(1)(D) ) is amended— (A) by inserting or 212(a)(2)(N) after 212(a)(3)(B) ; and (B) by inserting or 237(a)(2)(H) before 237(a)(4)(B) . (2) Annual report Not later than March 1 of each year (beginning 1 year after the date of the enactment of this Act), the Secretary of Homeland Security, after consultation with the appropriate Federal agencies, shall submit a report to the Committees on the Judiciary of the House of Representatives and of the Senate on the number of aliens detained under the amendments made by paragraph (1). (f) Asylum claims based on gang affiliation (1) Inapplicability of restriction on removal to certain countries Section 241(b)(3)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1251(b)(3)(B) ) is amended, in the matter preceding clause (i), by inserting who is described in section 212(a)(2)(N)(i) or section 237(a)(2)(H)(i) or who is after to an alien . (2) Ineligibility for asylum Section 208(b)(2)(A) of such Act (8 U.S.C. 1158(b)(2)(A)) is amended— (A) in clause (v), by striking or at the end; (B) by redesignating clause (vi) as clause (vii); and (C) by inserting after clause (v) the following: (vi) the alien is described in section 212(a)(2)(N)(i) or section 237(a)(2)(H)(i) (relating to participation in criminal street gangs); or . (g) Temporary protected status Section 244 of such Act ( 8 U.S.C. 1254a ) is amended— (1) by striking Attorney General each place it appears and inserting Secretary of Homeland Security ; (2) in subparagraph (c)(2)(B), by adding at the end the following: (iii) the alien is, or at any time after admission has been, a member of a criminal gang (as defined in section 101(a)(53)). ; and (3) in subsection (d)—— (A) by striking paragraph (3); and (B) in paragraph (4), by adding at the end the following: The Secretary of Homeland Security may detain an alien provided temporary protected status under this section whenever appropriate under any other provision of law. . (h) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to acts that occur before, on, or after the date of the enactment of this Act. 312. Extension of identity theft offenses (a) Fraud and related activities relating to identification documents Section 1028 of title 18, United States Code, is amended in subsection (a)(7), by striking of another person and inserting that is not his or her own . (b) Aggravated identity theft Section 1028A(a) of title 18, United States Code, is amended by striking of another person both places it appears and inserting that is not his or her own . 313. Laundering of monetary instruments (a) Additional predicate offenses Section 1956(c)(7)(D) of title 18, United States Code, is amended— (1) by inserting section 1590 (relating to trafficking with respect to peonage, slavery, involuntary servitude, or forced labor), after section 1363 (relating to destruction of property within the special maritime and territorial jurisdiction), ; and (2) by inserting section 274(a) of the Immigration and Nationality Act (8 U.S.C.1324(a)) (relating to bringing in and harboring certain aliens), after section 590 of the Tariff Act of 1930 ( 19 U.S.C. 1590 ) (relating to aviation smuggling), . (b) Intent To conceal or disguise Section 1956(a) of title 18, United States Code, is amended— (1) in paragraph (1) so that subparagraph (B) reads as follows: (B) knowing that the transaction— (i) conceals or disguises, or is intended to conceal or disguise, the nature, source, location, ownership, or control of the proceeds of some form of unlawful activity; or (ii) avoids, or is intended to avoid, a transaction reporting requirement under State or Federal law, ; and (2) in paragraph (2) so that subparagraph (B) reads as follows: (B) knowing that the monetary instrument or funds involved in the transportation, transmission, or transfer represent the proceeds of some form of unlawful activity, and knowing that such transportation, transmission, or transfer— (i) conceals or disguises, or is intended to conceal or disguise, the nature, source, location, ownership, or control of the proceeds of some form of unlawful activity; or (ii) avoids, or is intended to avoid, a transaction reporting requirement under State or Federal law, . 314. Increased criminal penalties relating to alien smuggling and related offenses (a) In general Section 274 of the Immigration and Nationality Act (8 U.S.C. 1324), is amended to read as follows: 274. Alien smuggling and related offenses (a) Criminal offenses and penalties (1) Prohibited activities Except as provided in paragraph (3), a person shall be punished as provided under paragraph (2), if the person— (A) facilitates, encourages, directs, or induces a person to come to or enter the United States, or to cross the border to the United States, knowing or in reckless disregard of the fact that such person is an alien who lacks lawful authority to come to, enter, or cross the border to the United States; (B) facilitates, encourages, directs, or induces a person to come to or enter the United States, or to cross the border to the United States, at a place other than a designated port of entry or place other than as designated by the Secretary of Homeland Security, knowing or in reckless disregard of the fact that such person is an alien and regardless of whether such alien has official permission or lawful authority to be in the United States; (C) transports, moves, harbors, conceals, or shields from detection a person outside of the United States knowing or in reckless disregard of the fact that such person is an alien in unlawful transit from one country to another or on the high seas, under circumstances in which the alien is seeking to enter the United States without official permission or lawful authority; (D) encourages or induces a person to reside in the United States, knowing or in reckless disregard of the fact that such person is an alien who lacks lawful authority to reside in the United States; (E) transports or moves a person in the United States, knowing or in reckless disregard of the fact that such person is an alien who lacks lawful authority to enter or be in the United States, if the transportation or movement will further the alien’s illegal entry into or illegal presence in the United States; (F) harbors, conceals, or shields from detection a person in the United States, knowing or in reckless disregard of the fact that such person is an alien who lacks lawful authority to be in the United States; or (G) conspires or attempts to commit any of the acts described in subparagraphs (A) through (F). (2) Criminal penalties A person who violates any provision under paragraph (1) shall, for each alien in respect to whom a violation of paragraph (1) occurs— (A) except as provided in subparagraphs (C) through (G), if the violation was not committed for commercial advantage, profit, or private financial gain, be fined under title 18, United States Code, imprisoned for not more than 5 years, or both; (B) except as provided in subparagraphs (C) through (G), if the violation was committed for commercial advantage, profit, or private financial gain— (i) be fined under such title, imprisoned for not more than 20 years, or both, if the violation is the offender’s first violation under this subparagraph; or (ii) be fined under such title, imprisoned for not less than 3 years or more than 20 years, or both, if the violation is the offender’s second or subsequent violation of this subparagraph; (C) if the violation furthered or aided the commission of any other offense against the United States or any State that is punishable by imprisonment for more than 1 year, be fined under such title, imprisoned for not less than 5 years or more than 20 years, or both; (D) be fined under such title, imprisoned not less than 5 years or more than 20 years, or both, if the violation created a substantial and foreseeable risk of death, a substantial and foreseeable risk of serious bodily injury (as defined in section 2119(2) of title 18, United States Code), or inhumane conditions to another person, including— (i) transporting the person in an engine compartment, storage compartment, or other confined space; (ii) transporting the person at an excessive speed or in excess of the rated capacity of the means of transportation; or (iii) transporting the person in, harboring the person in, or otherwise subjecting the person to crowded or dangerous conditions; (E) if the violation caused serious bodily injury (as defined in section 2119(2) of title 18, United States Code) to any person, be fined under such title, imprisoned for not less than 7 years or more than 30 years, or both; (F) be fined under such title and imprisoned for not less than 10 years or more than 30 years if the violation involved an alien who the offender knew or had reason to believe was— (i) engaged in terrorist activity (as defined in section 212(a)(3)(B)); or (ii) intending to engage in terrorist activity; (G) if the violation caused or resulted in the death of any person, be punished by death or imprisoned for a term of years not less than 10 years and up to life, and fined under title 18, United States Code. (3) Limitation It is not a violation of subparagraph (D), (E), or (F) of paragraph (1) for a religious denomination having a bona fide nonprofit, religious organization in the United States, or the agents or officers of such denomination or organization, to encourage, invite, call, allow, or enable an alien who is present in the United States to perform the vocation of a minister or missionary for the denomination or organization in the United States as a volunteer who is not compensated as an employee, notwithstanding the provision of room, board, travel, medical assistance, and other basic living expenses, provided the minister or missionary has been a member of the denomination for at least 1 year. (4) Extraterritorial jurisdiction There is extraterritorial Federal jurisdiction over the offenses described in this subsection. (b) Seizure and forfeiture (1) In general Any real or personal property used to commit or facilitate the commission of a violation of this section, the gross proceeds of such violation, and any property traceable to such property or proceeds, shall be subject to forfeiture. (2) Applicable procedures Seizures and forfeitures under this subsection shall be governed by the provisions of chapter 46 of title 18, United States Code, relating to civil forfeitures, except that such duties as are imposed upon the Secretary of the Treasury under the customs laws described in section 981(d) shall be performed by such officers, agents, and other persons as may be designated for that purpose by the Secretary of Homeland Security. (3) Prima facie evidence in determinations of violations In determining whether a violation of subsection (a) has occurred, prima facie evidence that an alien involved in the alleged violation lacks lawful authority to come to, enter, reside in, remain in, or be in the United States or that such alien had come to, entered, resided in, remained in, or been present in the United States in violation of law may include: (A) any order, finding, or determination concerning the alien’s status or lack of status made by a Federal judge or administrative adjudicator (including an immigration judge or immigration officer) during any judicial or administrative proceeding authorized under Federal immigration law; (B) official records of the Department of Homeland Security, the Department of Justice, or the Department of State concerning the alien’s status or lack of status; and (C) testimony by an immigration officer having personal knowledge of the facts concerning the alien’s status or lack of status. (c) Authority To arrest No officer or person shall have authority to make any arrests for a violation of any provision of this section except: (1) officers and employees designated by the Secretary of Homeland Security, either individually or as a member of a class; and (2) other officers responsible for the enforcement of Federal criminal laws. (d) Admissibility of videotaped witness testimony Notwithstanding any provision of the Federal Rules of Evidence, the videotaped or otherwise audiovisually preserved deposition of a witness to a violation of subsection (a) who has been deported or otherwise expelled from the United States, or is otherwise unavailable to testify, may be admitted into evidence in an action brought for that violation if: (1) the witness was available for cross examination at the deposition by the party, if any, opposing admission of the testimony; and (2) the deposition otherwise complies with the Federal Rules of Evidence. (e) Definitions In this section: (1) Cross the border to the united states The term cross the border refers to the physical act of crossing the border, regardless of whether the alien is free from official restraint. (2) Lawful authority The term lawful authority means permission, authorization, or license that is expressly provided for in the immigration laws of the United States or accompanying regulations. The term does not include any such authority secured by fraud or otherwise obtained in violation of law or authority sought, but not approved. No alien shall be deemed to have lawful authority to come to, enter, reside in, remain in, or be in the United States if such coming to, entry, residence, remaining, or presence was, is, or would be in violation of law. (3) Proceeds The term proceeds includes any property or interest in property obtained or retained as a consequence of an act or omission in violation of this section. (4) Unlawful transit The term unlawful transit means travel, movement, or temporary presence that violates the laws of any country in which the alien is present or any country from which or to which the alien is traveling or moving. . (b) Clerical amendment The table of contents for the Immigration and Nationality Act is amended by striking the item relating to section 274 and inserting the following: Sec. 274. Alien smuggling and related offenses. . (c) Prohibiting carrying or using a firearm during and in relation to an alien smuggling crime Section 924(c) of title 18, United States Code, is amended— (1) in paragraph (1)— (A) in subparagraph (A)—— (i) by inserting , alien smuggling crime, after any crime of violence ; and (ii) by inserting , alien smuggling crime, after such crime of violence ; and (B) in subparagraph (D)(ii), by inserting , alien smuggling crime, after crime of violence ; and (2) by adding at the end the following: (6) For purposes of this subsection, the term alien smuggling crime means any felony punishable under section 274(a), 277, or 278 of the Immigration and Nationality Act ( 8 U.S.C. 1324(a) , 1327, and 1328). . 315. Penalties for illegal entry (a) In general Section 275 of the Immigration and Nationality Act (8 U.S.C. 1325) is amended to read as follows: 275. Illegal entry (a) In general (1) Illegal entry An alien shall be subject to the penalties set forth in paragraph (2) if the alien: (A) knowingly enters or crosses the border into the United States at any time or place other than as designated by the Secretary of Homeland Security; (B) knowingly eludes, at any time or place, examination or inspection by an authorized immigration, customs, or agriculture officer (including by failing to stop at the command of such officer); (C) knowingly enters or crosses the border to the United States and, upon examination or inspection, knowingly makes a false or misleading representation or the knowing concealment of a material fact (including such representation or concealment in the context of arrival, reporting, entry, or clearance requirements of the customs laws, immigration laws, agriculture laws, or shipping laws); or (D) knowingly violates for a period of 90 days or more the terms or conditions of the alien’s admission or parole into the United States. (2) Criminal penalties Any alien who violates any provision under paragraph (1): (A) shall, for the first violation, be fined under title 18, United States Code, imprisoned not more than 6 months, or both; (B) shall, for a second or subsequent violation, or following an order of voluntary departure, be fined under such title, imprisoned not more than 2 years, or both; (C) if the violation occurred after the alien had been convicted of 3 or more misdemeanors or for a felony, shall be fined under such title, imprisoned not more than 10 years, or both; (D) if the violation occurred after the alien had been convicted of a felony for which the alien received a term of imprisonment of not less than 30 months, shall be fined under such title, imprisoned not more than 15 years, or both; and (E) if the violation occurred after the alien had been convicted of a felony for which the alien received a term of imprisonment of not less than 60 months, such alien shall be fined under such title, imprisoned not more than 20 years, or both. (3) Prior convictions The prior convictions described in subparagraphs (C) through (E) of paragraph (2) are elements of the offenses described and the penalties in such subparagraphs shall apply only in cases in which the conviction or convictions that form the basis for the additional penalty are— (A) alleged in the indictment or information; and (B) proven beyond a reasonable doubt at trial or admitted by the defendant. (4) Duration of offense An offense under this subsection continues until the alien is discovered within the United States by an immigration, customs, or agriculture officer. (5) Attempt Whoever attempts to commit any offense under this section shall be punished in the same manner as for a completion of such offense. (b) Improper time or place; civil penalties (1) In general Any alien who is apprehended while entering, attempting to enter, or knowingly crossing or attempting to cross the border to the United States at a time or place other than as designated by immigration officers shall be subject to a civil penalty, in addition to any criminal or other civil penalties that may be imposed under any other provision of law, in an amount equal to— (A) not less than $50 or more than $250 for each such entry, crossing, attempted entry, or attempted crossing; or (B) twice the amount specified in paragraph (1) if the alien had previously been subject to a civil penalty under this subsection. . (b) Clerical amendment The table of contents for the Immigration and Nationality Act is amended by striking the item relating to section 275 and inserting the following: 275. Illegal entry. . 316. Illegal reentry Section 276 of the Immigration and Nationality Act ( 8 U.S.C. 1326 ) is amended to read as follows: 276. Reentry of removed alien (a) Reentry after removal Any alien who has been denied admission, excluded, deported, or removed, or who has departed the United States while an order of exclusion, deportation, or removal is outstanding, and subsequently enters, attempts to enter, crosses the border to, attempts to cross the border to, or is at any time found in the United States, shall be fined under title 18, United States Code, imprisoned not more than 2 years, or both. (b) Reentry of criminal offenders Notwithstanding the penalty provided in subsection (a), if an alien described in that subsection was convicted before such removal or departure: (1) for 3 or more misdemeanors or for a felony, the alien shall be fined under title 18, United States Code, imprisoned not more than 10 years, or both; (2) for a felony for which the alien was sentenced to a term of imprisonment of not less than 30 months, the alien shall be fined under such title, imprisoned not less than 2 years and not more than 15 years, or both; (3) for a felony for which the alien was sentenced to a term of imprisonment of not less than 60 months, the alien shall be fined under such title, imprisoned not less than 4 years and not more than 20 years, or both; (4) for murder, rape, kidnapping, or a felony offense described in chapter 77 (relating to peonage and slavery) or 113B (relating to terrorism) of such title, or for 3 or more felonies of any kind, the alien shall be fined under such title, imprisoned not less than 5 years and not more than 25 years, or both. (c) Reentry after repeated removal Any alien who has been denied admission, excluded, deported, or removed 3 or more times and thereafter enters, attempts to enter, crosses the border to, attempts to cross the border to, or is at any time found in the United States, shall be fined under title 18, United States Code, imprisoned not more than 10 years, or both. (d) Proof of prior convictions The prior convictions described in subsection (b) are elements of the crimes described, and the penalties in that subsection shall apply only in cases in which the conviction or convictions that form the basis for the additional penalty are— (1) alleged in the indictment or information; and (2) proven beyond a reasonable doubt at trial or admitted by the defendant. (e) Affirmative defenses It shall be an affirmative defense to a violation of this section that— (1) prior to the alleged violation, the alien had sought and received the express consent of the Secretary of Homeland Security to reapply for admission into the United States; or (2) with respect to an alien previously denied admission and removed, the alien— (A) was not required to obtain such advance consent under the Immigration and Nationality Act or any prior Act; and (B) had complied with all other laws and regulations governing the alien’s admission into the United States. (f) Limitation on collateral attack on underlying removal order In a criminal proceeding under this section, an alien may not challenge the validity of any prior removal order concerning the alien. (g) Reentry of alien removed prior to completion of term of imprisonment Any alien removed pursuant to section 241(a)(4) who enters, attempts to enter, crosses the border to, attempts to cross the border to, or is at any time found in, the United States shall be incarcerated for the remainder of the sentence of imprisonment which was pending at the time of deportation without any reduction for parole or supervised release unless the alien affirmatively demonstrates that the Secretary of Homeland Security has expressly consented to the alien’s reentry. Such alien shall be subject to such other penalties relating to the reentry of removed aliens as may be available under this section or any other provision of law. (h) Definitions For purposes of this section and section 275, the following definitions shall apply: (1) Crosses the border to the United States The term crosses the border refers to the physical act of crossing the border, regardless of whether the alien is free from official restraint. (2) Felony The term felony means any criminal offense punishable by a term of imprisonment of more than 1 year under the laws of the United States, any State, or a foreign government. (3) Misdemeanor The term misdemeanor means any criminal offense punishable by a term of imprisonment of not more than 1 year under the applicable laws of the United States, any State, or a foreign government. (4) Removal The term removal includes any denial of admission, exclusion, deportation, or removal, or any agreement by which an alien stipulates or agrees to exclusion, deportation, or removal. (5) State The term State means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. . 317. Reform of passport, visa, and immigration fraud offenses Chapter 75 of title 18, United States Code, is amended to read as follows: 75 Passports and Visas Sec. 1541. Issuance without authority. 1542. False statement in application and use of passport. 1543. Forgery or false use of passport. 1544. Misuse of a passport. 1545. Schemes to defraud aliens. 1546. Immigration and visa fraud. 1547. Attempts and conspiracies. 1548. Alternative penalties for certain offenses. 1549. Definitions. 1541. Issuance without authority (a) In general Whoever— (1) acting or claiming to act in any office or capacity under the United States, or a State, without lawful authority grants, issues, or verifies any passport or other instrument in the nature of a passport to or for any person; or (2) being a consular officer authorized to grant, issue, or verify passports, knowingly grants, issues, or verifies any such passport to or for any person not owing allegiance, to the United States, whether a citizen or not; shall be fined under this title or imprisoned not more than 15 years, or both. (b) Definition In this section, the term State means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. 1542. False statement in application and use of passport Whoever knowingly— (1) makes any false statement in an application for passport with intent to induce or secure the issuance of a passport under the authority of the United States, either for his own use or the use of another, contrary to the laws regulating the issuance of passports or the rules prescribed pursuant to such laws; or (2) uses or attempts to use, or furnishes to another for use any passport the issue of which was secured in any way by reason of any false statement; shall be fined under this title or imprisoned not more than 15 years, or both. 1543. Forgery or false use of passport Whoever— (1) falsely makes, forges, counterfeits, mutilates, or alters any passport or instrument purporting to be a passport, with intent that the same may be used; or (2) knowingly uses, or attempts to use, or furnishes to another for use any such false, forged, counterfeited, mutilated, or altered passport or instrument purporting to be a passport, or any passport validly issued which has become void by the occurrence of any condition therein prescribed invalidating the same; shall be fined under this title or imprisoned not more than 15 years, or both. 1544. Misuse of a passport Whoever knowingly— (1) uses any passport issued or designed for the use of another; (2) uses any passport in violation of the conditions or restrictions therein contained, or in violation of the laws, regulations, or rules governing the issuance and use of the passport; (3) secures, possesses, uses, receives, buys, sells, or distributes any passport knowing it to be forged, counterfeited, altered, falsely made, procured by fraud, stolen, or produced or issued without lawful authority; or (4) violates the terms and conditions of any safe conduct duly obtained and issued under the authority of the United States; shall be fined under this title, imprisoned not more than 15 years, or both. 1545. Schemes to defraud aliens Whoever inside the United States, or in or affecting interstate or foreign commerce, in connection with any matter that is authorized by or arises under the immigration laws of the United States or any matter the offender claims or represents is authorized by or arises under the immigration laws of the United States, knowingly executes a scheme or artifice— (1) to defraud any person, or (2) to obtain or receive money or anything else of value from any person by means of false or fraudulent pretenses, representations, or promises; shall be fined under this title, imprisoned not more than 15 years, or both. 1546. Immigration and visa fraud Whoever knowingly— (1) uses any immigration document issued or designed for the use of another; (2) forges, counterfeits, alters, or falsely makes any immigration document; (3) mails, prepares, presents, or signs any immigration document knowing it to contain any materially false statement or representation; (4) secures, possesses, uses, transfers, receives, buys, sells, or distributes any immigration document knowing it to be forged, counterfeited, altered, falsely made, stolen, procured by fraud, or produced or issued without lawful authority; (5) adopts or uses a false or fictitious name to evade or to attempt to evade the immigration laws; (6) transfers or furnishes, without lawful authority, an immigration document to another person for use by a person other than the person for whom the immigration document was issued or designed; or (7) produces, issues, authorizes, or verifies, without lawful authority, an immigration document; shall be fined under this title, imprisoned not more than 15 years, or both. 1547. Attempts and conspiracies Whoever attempts or conspires to violate this chapter shall be punished in the same manner as a person who completes that violation. 1548. Alternative penalties for certain offenses (a) Terrorism Whoever violates any section in this chapter to facilitate an act of international terrorism or domestic terrorism (as such terms are defined in section 2331), shall be fined under this title or imprisoned not more than 25 years, or both. (b) Drug Trafficking Offenses Whoever violates any section in this chapter to facilitate a drug trafficking crime (as defined in section 929(a)) shall be fined under this title or imprisoned not more than 20 years, or both. 1549. Definitions In this chapter: (1) An application for a United States passport includes any document, photograph, or other piece of evidence attached to or submitted in support of the application. (2) The term immigration document means any instrument on which is recorded, by means of letters, figures, or marks, matters which may be used to fulfill any requirement of the Immigration and Nationality Act. . 318. Forfeiture Section 981(a)(1) of title 18, United States Code, is amended by adding at the end the following: (I) Any property, real or personal, that has been used to commit or facilitate the commission of a violation of chapter 75, the gross proceeds of such violation, and any property traceable to any such property or proceeds. . 319. Expedited removal for aliens inadmissible on criminal or security grounds (a) In general Section 238(b) of the Immigration and Nationality Act (8 U.S.C. 1228(b)) is amended– (1) in paragraph (1)— (A) by striking Attorney General and inserting Secretary of Homeland Security in the exercise of discretion ; and (B) by striking set forth in this subsection or and inserting set forth in this subsection, in lieu of removal proceedings under ; (2) in paragraph (3), by striking paragraph (1) until 14 calendar days and inserting paragraph (1) or (3) until 7 calendar days ; (3) by striking Attorney General each place it appears in paragraphs (3) and (4) and inserting Secretary of Homeland Security ; (4) in paragraph (5)— (A) by striking described in this section and inserting described in paragraph (1) or (2) ; and (B) by striking the Attorney General may grant in the Attorney General’s discretion and inserting the Secretary of Homeland Security or the Attorney General may grant, in the discretion of the Secretary or Attorney General, in any proceeding ; (5) by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively; and (6) by inserting after paragraph (2) the following new paragraph: (3) The Secretary of Homeland Security in the exercise of discretion may determine inadmissibility under section 212(a)(2) (relating to criminal offenses) and issue an order of removal pursuant to the procedures set forth in this subsection, in lieu of removal proceedings under section 240, with respect to an alien who (A) has not been admitted or paroled; (B) has not been found to have a credible fear of persecution pursuant to the procedures set forth in section 235(b)(1)(B); and (C) is not eligible for a waiver of inadmissibility or relief from removal. . (b) Effective date The amendments made by subsection (a) shall take effect on the date of the enactment of this Act but shall not apply to aliens who are in removal proceedings under section 240 of the Immigration and Nationality Act as of such date. 320. Increased penalties barring the admission of convicted sex offenders failing to register and requiring deportation of sex offenders failing to register (a) Inadmissibility Section 212(a)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(A)(i)), as amended by section 302(a) of this Act, is further amended— (1) in subclause (II), by striking or at the end; (2) in subclause (III), by adding or at the end; and (3) by inserting after subclause (III) the following: (IV) a violation of section 2250 of title 18, United States Code (relating to failure to register as a sex offender); . (b) Deportability Section 237(a)(2) of such Act (8 U.S.C. 1227(a)(2)), as amended by sections 302(c) and 311(c) of this Act, is further amended— (1) in subparagraph (A), by striking clause (v); and (2) by adding at the end the following: (I) Any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of a violation of section 2250 of title 18, United States Code (relating to failure to register as a sex offender) is deportable. . (c) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to acts that occur before, on, or after the date of the enactment of this Act. 321. Protecting immigrants from convicted sex offenders (a) Immigrants Section 204(a)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1) ), is amended— (1) in subparagraph (A), by amending clause (viii) to read as follows: (viii) Clause (i) shall not apply to a citizen of the United States who has been convicted of an offense described in subparagraph (A), (I), or (K) of section 101(a)(43), unless the Secretary of Homeland Security, in the Secretary's sole and unreviewable discretion, determines that the citizen poses no risk to the alien with respect to whom a petition described in clause (i) is filed. ; and (2) in subparagraph (B)(i)— (A) by redesignating the second subclause (I) as subclause (II); and (B) by amending such subclause (II) to read as follows: (II) Subclause (I) shall not apply in the case of an alien admitted for permanent residence who has been convicted of an offense described in subparagraph (A), (I), or (K) of section 101(a)(43), unless the Secretary of Homeland Security, in the Secretary's sole and unreviewable discretion, determines that the alien lawfully admitted for permanent residence poses no risk to the alien with respect to whom a petition described in subclause (I) is filed. . (b) Nonimmigrants Section 101(a)(15)(K) of such Act ( 8 U.S.C. 1101(a)(15)(K) ), is amended by striking 204(a)(1)(A)(viii)(I)) each place such term appears and inserting 204(a)(1)(A)(viii)) . (c) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to petitions filed on or after such date. 322. Clarification to crimes of violence and crimes involving moral turpitude (a) Inadmissible aliens Section 212(a)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(2)(A) ) is amended by adding at the end the following: (iii) Clarification If the conviction records do not conclusively establish whether a crime constitutes a crime involving moral turpitude, the Attorney General may consider other evidence related to the conviction that clearly establishes that the conduct for which the alien was engaged constitutes a crime involving moral turpitude. . (b) Deportable aliens (1) General crimes Section 237(a)(2)(A) of such Act ( 8 U.S.C. 1227(a)(2)(A) ), as amended by section 320(b) of this Act, is further amended by inserting after clause (iv) the following: (v) Crimes involving moral turpitude If the conviction records do not conclusively establish whether a crime constitutes a crime involving moral turpitude, the Attorney General may consider other evidence related to the conviction that clearly establishes that the conduct for which the alien was engaged constitutes a crime involving moral turpitude. . (2) Domestic violence Section 237(a)(2)(E) of such Act (8 U.S.C. 1227(a)(2)(E)) is amended by adding at the end the following: (iii) Crimes of violence If the conviction records do not conclusively establish whether a crime of domestic violence constitutes a crime of violence (as defined in section 16 of title 18, United States Code), the Attorney General may consider other evidence related to the conviction that clearly establishes that the conduct for which the alien was engaged constitutes a crime of violence. . (c) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to acts that occur before, on, or after the date of the enactment of this Act. 323. Penalties for failure to obey removal orders (a) In general Section 243(a)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1253(a)(1) ) is amended— (1) by inserting 212(a) or before 237(a), ; and (2) by striking paragraph (3). (b) Effective date The amendments made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to acts that are described in subparagraphs (A) through (D) of section 243(a)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1253(a)(1) ) that occur on or after the date of the enactment of this Act. 324. Pardons (a) Definition Section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ), as amended by section 311(a) of this Act, is further amended by adding at the end the following: (54) The term pardon means a full and unconditional pardon granted by the President of the United States, Governor of any of the several States or constitutionally recognized body. . (b) Deportability Section 237(a) of such Act ( 8 U.S.C. 1227(a) ) is amended— (1) in paragraph (2)(A), by striking clause (vi); and (2) by adding at the end the following: (8) Pardons (A) In general In the case of an alien who has been convicted of a crime and is subject to removal due to that conviction, if the alien, subsequent to receiving the criminal conviction, is granted a pardon, the alien shall not be deportable by reason of that criminal conviction. (B) Exception Subparagraph (A) shall not apply in the case of an alien granted a pardon if the pardon is granted in whole or in part to eliminate that alien’s condition of deportability. . (c) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to a pardon granted before, on, or after such date. IV Visa Security 401. Cancellation of additional visas (a) In general Section 222(g) of the Immigration and Nationality Act ( 8 U.S.C. 1202(g) ) is amended— (1) in paragraph (1)— (A) by striking Attorney General and inserting Secretary ; and (B) by inserting and any other nonimmigrant visa issued by the United States that is in the possession of the alien after such visa ; and (2) in paragraph (2)(A), by striking (other than the visa described in paragraph (1)) issued in a consular office located in the country of the alien's nationality and inserting (other than a visa described in paragraph (1)) issued in a consular office located in the country of the alien's nationality or foreign residence . (b) Effective date The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to a visa issued before, on, or after such date. 402. Visa information sharing (a) In general Section 222(f) of the Immigration and Nationality Act ( 8 U.S.C. 1202(f)(2) ) is amended— (1) by striking issuance or refusal and inserting issuance, refusal, or revocation ; (2) in paragraph (2), by striking and on the basis of reciprocity ; (3) in paragraph (2)(A)— (A) by inserting (i) after for the purpose of ; and (B) by striking illicit weapons; or and inserting illicit weapons, or (ii) determining a person’s deportability or eligibility for a visa, admission, or other immigration benefit; ; (4) in paragraph (2)(B)— (A) by striking for the purposes and inserting for one of the purposes ; and (B) by striking or to deny visas to persons who would be inadmissible to the United States and inserting ; or ; and (5) by adding before the period at the end the following: (C) with regard to any or all aliens in the database specified data elements from each record, if the Secretary of State determines that it is in the national interest to provide such information to a foreign government. . (b) Effective date The amendments made by subsection (a) shall take effect 60 days after the date of the enactment of the Act. 403. Restricting waiver of visa interviews Section 222(h) of the Immigration and Nationality Act ( 8 U.S.C. 1202(h)(1)(B) ) is amended— (1) in paragraph (1)(C), by inserting , in consultation with the Secretary of Homeland Security, after if the Secretary ; (2) in paragraph (1)(C)(i), by inserting , where such national interest shall not include facilitation of travel of foreign nationals to the United States, reduction of visa application processing times, or the allocation of consular resources ; (3) in paragraph (2)— (A) by striking or at the end of subparagraph (E); (B) by striking the period at the end of subparagraph (F) and inserting ; or ; and (C) by adding at the end the following: (G) is an individual— (i) determined to be in a class of aliens determined by the Secretary of Homeland Security to be threats to national security; (ii) identified by the Secretary of Homeland Security as a person of concern; or (iii) applying for a visa in a visa category with respect to which the Secretary of Homeland Security has determined that a waiver of the visa interview would create a high risk of degradation of visa program integrity. . 404. Authorizing the Department of State to not interview certain ineligible visa applicants (a) In general Section 222(h)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1202(h)(1) ) is amended by inserting the alien is determined by the Secretary of State to be ineligible for a visa based upon review of the application or after unless . (b) Guidance Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall issue guidance to consular officers on the standards and processes for implementing the authority to deny visa applications without interview in cases where the alien is determined by the Secretary of State to be ineligible for a visa based upon review of the application. (c) Reports Not less frequently than once each quarter, the Secretary of State shall submit to the Congress a report on the denial of visa applications without interview, including— (1) the number of such denials; and (2) a post-by-post breakdown of such denials. 405. Visa refusal and revocation (a) Authority of the Secretary of Homeland Security and the Secretary of State (1) In general Section 428 of the Homeland Security Act of 2002 ( 6 U.S.C. 236 ) is amended by striking subsections (b) and (c) and inserting the following: (b) Authority of the Secretary of Homeland Security (1) In general Notwithstanding section 104(a) of the Immigration and Nationality Act ( 8 U.S.C. 1104(a) ) or any other provision of law, and except as provided in subsection (c) and except for the authority of the Secretary of State under subparagraphs (A) and (G) of section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) ), the Secretary— (A) shall have exclusive authority to issue regulations, establish policy, and administer and enforce the provisions of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) and all other immigration or nationality laws relating to the functions of consular officers of the United States in connection with the granting and refusal of a visa; and (B) may refuse or revoke any visa to any alien or class of aliens if the Secretary, or designee, determines that such refusal or revocation is necessary or advisable in the security interests of the United States. (2) Effect of revocation The revocation of any visa under paragraph (1)(B)— (A) shall take effect immediately; and (B) shall automatically cancel any other valid visa that is in the alien’s possession. (3) Judicial review Notwithstanding any other provision of law, including section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of such title, no court shall have jurisdiction to review a decision by the Secretary of Homeland Security to refuse or revoke a visa, and no court shall have jurisdiction to hear any claim arising from, or any challenge to, such a refusal or revocation. (c) Authority of the Secretary of State (1) In general The Secretary of State may direct a consular officer to refuse a visa requested by an alien if the Secretary of State determines such refusal to be necessary or advisable in the interests of the United States. (2) Limitation No decision by the Secretary of State to approve a visa may override a decision by the Secretary of Homeland Security under subsection (b). . (2) Conforming Amendment Section 237(a)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1227(a)(1)(B) ) is amended by striking under section 221(i) . (3) Effective date The amendment made by paragraph (1) shall take effect on the date of the enactment of this Act and shall apply to visa refusals and revocations occurring before, on, or after such date. (b) Technical corrections to the Homeland Security Act Section 428(a) of the Homeland Security Act of 2002 ( 6 U.S.C. 236 ) is amended by— (1) striking subsection and inserting section ; and (2) striking consular office and inserting consular officer . 406. Funding for the visa security program (a) In general The Department of State and Related Agency Appropriations Act, 2005 (title IV of division B of Public Law 108–447 ) is amended, in the fourth paragraph under the heading Diplomatic and Consular Programs , by striking Beginning through the period at the end and inserting the following: Beginning in fiscal year 2005 and thereafter, the Secretary of State is authorized to charge surcharges related to consular services in support of enhanced border security that are in addition to the immigrant visa fees in effect on January 1, 2004: Provided, That funds collected pursuant to this authority shall be credited to the appropriation for U.S. Immigration and Customs Enforcement for the fiscal year in which the fees were collected, and shall be available until expended for the funding of the Visa Security Program established by the Secretary of Homeland Security under section 428(e) of the Homeland Security Act of 2002 ( Public Law 107–296 ): Provided further, That such surcharges shall be 10 percent of the fee assessed on immigrant visa applications. . (b) Repayment of appropriated funds Twenty percent of the funds collected each fiscal year under the heading Diplomatic and Consular Programs in the Department of State and Related Agency Appropriations Act, 2005 (title IV of division B of Public Law 108–447), as amended by subsection (a), shall be deposited into the general fund of the Treasury as repayment of funds appropriated pursuant to section 407(c) of this Act until the entire appropriated sum has been repaid. 407. Expeditious expansion of visa security program to high-risk posts (a) In general Section 428(i) of the Homeland Security Act of 2002 (6 U.S.C. 236(i)) is amended to read as follows: (i) Visa issuance at designated high-Risk posts Notwithstanding any other provision of law, the Secretary of Homeland Security shall conduct an on-site review of all visa applications and supporting documentation before adjudication at the top 30 visa-issuing posts designated jointly by the Secretaries of State and Homeland Security as high-risk posts. . (b) Assignment of personnel Not later than one year after the date of enactment of this section, the Secretary of Homeland Security shall assign personnel to the visa-issuing posts referenced in section 428(i) of the Homeland Security Act of 2002 ( 6 U.S.C. 236(i) ), as amended by this section, and communicate such assignments to the Secretary of State. (c) Appropriations There is authorized to be appropriated $60,000,000 for each of the fiscal years 2014 and 2015, which shall be used to expedite the implementation of section 428(i) of the Homeland Security Act, as amended by this section. 408. Expedited clearance and placement of Department of Homeland Security personnel at overseas embassies and consular posts Section 428 of the Homeland Security Act of 2002 ( 6 U.S.C. 236 ) is amended by adding at the end the following: (j) Expedited clearance and placement of Department of Homeland Security personnel at overseas embassies and consular posts Notwithstanding any other provision of law, and the processes set forth in National Security Defense Directive 38 (dated June 2, 1982) or any successor Directive, the Chief of Mission of a post to which the Secretary of Homeland Security has assigned personnel under subsection (e) or (i) shall ensure, not later than one year after the date on which the Secretary of Homeland Security communicates such assignment to the Secretary of State, that such personnel have been stationed and accommodated at post and are able to carry out their duties. . 409. Increased criminal penalties for student visa integrity Section 1546 of title 18, United States Code, is amended by striking 10 years and inserting 15 years (if the offense was committed by an owner, official, or employee of an educational institution with respect to such institution’s participation in the Student and exchange Visitor Program), 10 years . 410. Accreditation requirements (a) Colleges, universities, and language training programs Section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ) is amended— (1) in paragraph (15)(F)(i)— (A) by striking section 214(1) at an established college, university, seminary, conservatory or in an accredited language training program in the United States and inserting section 214(m) at an accredited college, university, or language training program, or at an established seminary, conservatory, academic high school, elementary school, or other academic institution in the United States ; and (B) by striking Attorney General each place such term appears and inserting Secretary of Homeland Security ; and (C) by amending paragraph (52) to read as follows: (52) Except as provided in section 214(m)(4), the term accredited college, university, or language training program means a college, university, or language training program that is accredited by an accrediting agency recognized by the Secretary of Education. . (b) Other academic institutions Section 214(m) of the Immigration and Nationality Act ( 8 U.S.C. 1184(m) ) is amended by adding at the end the following: (3) The Secretary of Homeland Security shall require accreditation of an academic institution (except for seminaries or other religious institutions) for purposes of section 101(a)(15)(F) if— (A) that institution is not already required to be accredited under section 101(a)(15)(F)(i); and (B) an appropriate accrediting agency recognized by the Secretary of Education is able to provide such accreditation. (4) The Secretary of Homeland Security, in the Secretary’s discretion, may waive the accreditation requirement in paragraph (3) or section 101(a)(15)(F)(i) with respect to an institution if such institution— (A) is otherwise in compliance with the requirements of section 101(a)(15)(F)(i); and (B) has been a candidate for accreditation for at least 1 year and continues to progress toward accreditation by an accrediting agency recognized by the Secretary of Education. . (c) Effective date (1) In general Except as provided in paragraph (2), the amendments made by this section shall— (A) take effect on the date that is 180 days after the date of enactment of this Act; and (B) apply with respect to applications for nonimmigrant visas that are filed on or after the effective date described in subparagraph (A). (2) Temporary exception During the 3-year period beginning on the effective date described in paragraph (1)(A), an institution that is newly required to be accredited under this section may continue to participate in the Student and Exchange Visitor Program notwithstanding the institution’s lack of accreditation if the institution— (A) was certified under the Student and Exchange Visitor Program on such date; (B) submitted an application for accreditation to an accrediting agency recognized by the Secretary of Education during the 6-month period ending on such date; and (C) continues to progress toward accreditation by such accrediting agency. 411. Visa fraud (a) Temporary suspension of SEVIS access Section 641(d) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1372(d) ) is amended— (1) in paragraph (1)(A), by striking institution,, and inserting institution, ; and (2) by adding at the end the following: (3) Effect of reasonable suspicion of fraud If the Secretary of Homeland Security has reasonable suspicion that an owner of, or a designated school official at, an approved institution of higher education, an other approved educational institution, or a designated exchange visitor program has committed fraud or attempted to commit fraud relating to any aspect of the Student and Exchange Visitor Program, the Secretary may immediately suspend, without notice, such official’s or such school’s access to the Student and Exchange Visitor Information System (SEVIS), including the ability to issue Form I–20s, pending a final determination by the Secretary with respect to the institution’s certification under the Student and Exchange Visitor Program. . (b) Effect of conviction for visa fraud Such section 641(d), as amended by subsection (a)(2), is further amended by adding at the end the following: (4) Permanent disqualification for fraud A designated school official at, or an owner of, an approved institution of higher education, an other approved educational institution, or a designated exchange visitor program who is convicted for fraud relating to any aspect of the Student and Exchange Visitor Program shall be permanently disqualified from filing future petitions and from having an ownership interest or a management role, including serving as a principal, owner, officer, board member, general partner, designated school official, or any other position of substantive authority for the operations or management of the institution, in any United States educational institution that enrolls nonimmigrant alien students described in subparagraph (F) or (M) of section 101(a)(15) the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)). . 412. Background checks (a) In general Section 641(d) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1372(d) ), as amended by section 411(b) of this Act, is further amended by adding at the end the following: (5) Background check requirement (A) In general An individual may not serve as a designated school official or be granted access to SEVIS unless the individual is a national of the United States or an alien lawfully admitted for permanent residence and during the most recent 3-year period— (i) the Secretary of Homeland Security has— (I) conducted a thorough background check on the individual, including a review of the individual’s criminal and sex offender history and the verification of the individual’s immigration status; and (II) determined that the individual has not been convicted of any violation of United States immigration law and is not a risk to national security of the United States; and (ii) the individual has successfully completed an on-line training course on SEVP and SEVIS, which has been developed by the Secretary. (B) Interim designated school official (i) In general An individual may serve as an interim designated school official during the period that the Secretary is conducting the background check required by subparagraph (A)(i)(I). (ii) Reviews by the Secretary If an individual serving as an interim designated school official under clause (i) does not successfully complete the background check required by subparagraph (A)(i)(I), the Secretary shall review each Form I–20 issued by such interim designated school official. (6) Fee The Secretary is authorized to collect a fee from an approved school for each background check conducted under paragraph (6)(A)(i). The amount of such fee shall be equal to the average amount expended by the Secretary to conducted such background checks. . (b) 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. 413. Flight schools not certified by FAA (a) In general Except as provided in subsection (b), the Secretary of Homeland Security shall prohibit any flight school in the United States from accessing SEVIS or issuing a Form I–20 to an alien seeking a student visa pursuant to subparagraph (F)(i) or (M)(i) of section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) ) if the flight school has not been certified to the satisfaction of the Secretary and by the Federal Aviation Administration pursuant to part 141 or part 142 of title 14, Code of Federal Regulations (or similar successor regulations). (b) Temporary exception During the 5-year period beginning on the date of the enactment of this Act, the Secretary may waive the requirement under subsection (a) that a flight school be certified by the Federal Aviation Administration if such flight school— (1) was certified under the Student and Exchange Visitor Program on the date of the enactment of this Act; (2) submitted an application for certification with the Federal Aviation Administration during the 1-year period beginning on such date; and (3) continues to progress toward certification by the Federal Aviation Administration. 414. Revocation of accreditation At the time an accrediting agency or association is required to notify the Secretary of Education and the appropriate State licensing or authorizing agency of the final denial, withdrawal, suspension, or termination of accreditation of an institution pursuant to section 496 of the Higher Education Act of 1965 (20 U.S.C. 1099b), such accrediting agency or association shall notify the Secretary of Homeland Security of such determination and the Secretary of Homeland Security shall immediately withdraw the school from the SEVP and prohibit the school from accessing SEVIS. 415. Report on risk assessment Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that contains the risk assessment strategy that will be employed by the Secretary to identify, investigate, and take appropriate action against schools and school officials that are facilitating the issuance of Form I–20 and the maintenance of student visa status in violation of the immigration laws of the United States. 416. Implementation of GAO recommendations Not later than 180 days after the date of the enactment of this act, the Secretary of Homeland Security shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that describes— (1) the process in place to identify and assess risks in the SEVP; (2) a risk assessment process to allocate SEVP’s resources based on risk; (3) the procedures in place for consistently ensuring a school’s eligibility, including consistently verifying in lieu of letters; (4) how SEVP identified and addressed missing school case files; (5) a plan to develop and implement a process to monitor state licensing and accreditation status of all SEVP-certified schools; (6) whether all flight schools that have not been certified to the satisfaction of the Secretary and by the Federal Aviation Administration have been removed from the program and have been restricted from accessing SEVIS; (7) the standard operating procedures that govern coordination among SEVP, Counterterrorism and Criminal Exploitation Unit, and U.S. Immigration and Customs Enforcement field offices; and (8) the established criteria for referring cases of a potentially criminal nature from SEVP to the counterterrorism and intelligence community. 417. Implementation of SEVIS II Not later than 2 years after the date of the enactment of this Act, the Secretary of Homeland Security shall complete the deployment of both phases of the 2nd generation Student and Exchange Visitor Information System (commonly known as SEVIS II ). 418. Definitions (a) Definitions For purposes of this title: (1) SEVIS The term SEVIS means the Student and Exchange Visitor Information System of the Department of Homeland Security. (2) SEVP The term SEVP means the Student and Exchange Visitor Program of the Department of Homeland Security. V Aid to U.S. Immigration and Customs Enforcement Officers 501. ICE immigration enforcement agents (a) In general The Secretary of Homeland Security shall authorize all immigration enforcement agents and deportation officers of the Department of Homeland Security who have successfully completed basic immigration law enforcement training to exercise the powers conferred by— (1) section 287(a)(5)(A) of the Immigration and Nationality Act to arrest for any offense against the United States; (2) section 287(a)(5)(B) of such Act to arrest for any felony; (3) section 274(a) of such Act to arrest for bringing in, transporting, or harboring certain aliens, or inducing them to enter; (4) section 287(a) of such Act to execute warrants of arrest for administrative immigration violations issued under section 236 of the Act or to execute warrants of criminal arrest issued under the authority of the United States; and (5) section 287(a) of such Act to carry firearms, provided that they are individually qualified by training and experience to handle and safely operate the firearms they are permitted to carry, maintain proficiency in the use of such firearms, and adhere to the provisions of the enforcement standard governing the use of force. (b) Pay Immigration enforcement agents shall be paid on the same scale as Immigration and Customs Enforcement deportation officers and shall receive the same benefits. 502. ICE detention enforcement officers (a) Authorization The Secretary of Homeland Security is authorized to hire 2,500 Immigration and Customs Enforcement detention enforcement officers. (b) Duties Immigration and Customs Enforcement detention enforcement officers who have successfully completed detention enforcement officers’ basic training shall be responsible for— (1) taking and maintaining custody of any person who has been arrested by an immigration officer; (2) transporting and guarding immigration detainees; (3) securing Department of Homeland Security detention facilities; and (4) assisting in the processing of detainees. 503. Ensuring the safety of ICE officers and agents (a) Body armor The Secretary of Homeland Security shall ensure that every Immigration and Customs Enforcement deportation officer and immigration enforcement agent on duty is issued high-quality body armor that is appropriate for the climate and risks faced by the agent. Enough body armor must be purchased to cover every agent in the field. (b) Weapons Such Secretary shall ensure that Immigration and Customs Enforcement deportation officers and immigration enforcement agents are equipped with weapons that are reliable and effective to protect themselves, their fellow agents, and innocent third parties from the threats posed by armed criminals. Such weapons shall include, at a minimum, standard-issue handguns, M–4 (or equivalent) rifles, and Tasers. (c) Effective date This section shall take effect 90 days after the date of the enactment of this Act. 504. ICE Advisory Council (a) Establishment An ICE Advisory Council shall be established not later than 3 months after the date of the enactment of this Act. (b) Membership The ICE Advisor Council shall be comprised of 7 members. (c) Appointment Members shall to be appointed in the following manner: (1) One member shall be appointed by the President; (2) One member shall be appointed by the Chairman of the Judiciary Committee of the House of Representatives; (3) One member shall be appointed by the Chairman of the Judiciary Committee of the Senate; (4) One member shall be appointed by the Local 511, the ICE prosecutor’s union; and (5) Three members shall be appointed by the National Immigration and Customs Enforcement Council. (d) Term Members shall serve renewable, 2-year terms. (e) Voluntary Membership shall be voluntary and non-remunerated, except that members will receive reimbursement from the Secretary of Homeland Security for travel and other related expenses. (f) Retaliation protection Members who are employed by the Secretary of Homeland Security shall be protected from retaliation by their supervisors, managers, and other Department of Homeland Security employees for their participation on the Council. (g) Purpose The purpose of the Council is to advise the Congress and the Secretary of Homeland Security on issues including the following: (1) The current status of immigration enforcement efforts, including prosecutions and removals, the effectiveness of such efforts, and how enforcement could be improved; (2) The effectiveness of cooperative efforts between the Secretary of Homeland Security and other law enforcement agencies, including additional types of enforcement activities that the Secretary should be engaged in, such as State and local criminal task forces; (3) Personnel, equipment, and other resource needs of field personnel; (4) Improvements that should be made to the organizational structure of the Department of Homeland Security, including whether the position of immigration enforcement agent should be merged into the deportation officer position; and (5) The effectiveness of specific enforcement policies and regulations promulgated by the Secretary of Homeland Security, and whether other enforcement priorities should be considered. (h) Reports The Council shall provide quarterly reports to the Chairmen and Ranking Members of the Judiciary Committees of the Senate and the House of Representatives and to the Secretary of Homeland Security. The Council members shall meet directly with the Chairmen and Ranking Members (or their designated representatives) and with the Secretary to discuss their reports every 6 months. 505. Pilot program for electronic field processing (a) In general The Secretary of Homeland Security shall establish a pilot program in at least five of the 10 Immigration and Customs Enforcement field offices with the largest removal caseloads to allow Immigration and Customs deportation officers and immigration enforcement agents to— (1) electronically process and serve charging documents, including Notices to Appear, while in the field; and (2) electronically process and place detainers while in the field. (b) Duties The pilot program described in subsection (a) shall be designed to allow deportation officers and immigration enforcement agents to use handheld or vehicle-mounted computers to— (1) enter any required data, including personal information about the alien subject and the reason for issuing the document; (2) apply the electronic signature of the issuing officer or agent; (3) set the date the alien is required to appear before an immigration judge, in the case of Notices to Appear; (4) print any documents the alien subject may be required to sign, along with additional copies of documents to be served on the alien; and (5) interface with the ENFORCE database so that all data is stored and retrievable. (c) Construction The pilot program described in subsection (a) shall be designed to replace, to the extent possible, the current paperwork and data-entry process used for issuing such charging documents and detainers. (d) Deadline The Secretary shall initiate the pilot program described in subsection (a) within 6 months of the date of enactment of this Act. (e) Report The Government Accountability Office shall report to the Judiciary Committee of the Senate and the House of Representatives no later than 18 months after the date of enactment of this Act on the effectiveness of the pilot program and provide recommendations for improving it. (f) Advisory Council The ICE Advisory Council established by section 504 shall include an recommendations on how the pilot program should work in the first quarterly report of the Council, and shall include assessments of the program and recommendations for improvement in each subsequent report. (g) Effective date This section shall take effect 180 days after the date of the enactment of this Act. 506. Additional ICE deportation officers and support staff (a) In general The Secretary of Homeland Security shall, subject to the availability of appropriations for such purpose, increase the number of positions for full-time active-duty Immigration and Customs Enforcement deportation officers by 5,000 above the number of full-time positions for which funds were appropriated for fiscal year 2013. (b) Support staff The Secretary shall, subject to the availability of appropriations for such purpose, increase the number of positions for full-time support staff for Immigration and Customs Enforcement deportation officers by 700 above the number of full-time positions for which funds were appropriated for fiscal year 2013. 507. Additional ICE prosecutors The Secretary of Homeland Security shall increase by 60 the number of full-time trial attorneys working for the Immigration and Customs Enforcement Office of the Principal Legal Advisor. VI Miscellaneous Enforcement Provisions 601. Encouraging aliens to depart voluntarily (a) In general Section 240B of the Immigration and Nationality Act (8 U.S.C. 1229c) is amended— (1) in subsection (a)— (A) by amending paragraph (1) to read as follows: (1) Instead of removal proceedings If an alien is not described in paragraph (2)(A)(iii) or (4) of section 237(a), the Secretary of Homeland Security may permit the alien to voluntarily depart the United States at the alien’s own expense under this subsection instead of being subject to proceedings under section 240. ; (B) by striking paragraph (3); (C) by redesignating paragraph (2) as paragraph (3); (D) by adding after paragraph (1) the following: (2) Before the conclusion of removal proceedings If an alien is not described in paragraph (2)(A)(iii) or (4) of section 237(a), the Attorney General may permit the alien to voluntarily depart the United States at the alien’s own expense under this subsection after the initiation of removal proceedings under section 240 and before the conclusion of such proceedings before an immigration judge. ; (E) in paragraph (3), as redesignated— (i) by amending subparagraph (A) to read as follows: (A) Instead of removal Subject to subparagraph (C), permission to voluntarily depart under paragraph (1) shall not be valid for any period in excess of 120 days. The Secretary may require an alien permitted to voluntarily depart under paragraph (1) to post a voluntary departure bond, to be surrendered upon proof that the alien has departed the United States within the time specified. ; (ii) by redesignating subparagraphs (B), (C), and (D) as paragraphs (C), (D), and (E), respectively; (iii) by adding after subparagraph (A) the following: (B) Before the conclusion of removal proceedings Permission to voluntarily depart under paragraph (2) shall not be valid for any period in excess of 60 days, and may be granted only after a finding that the alien has the means to depart the United States and intends to do so. An alien permitted to voluntarily depart under paragraph (2) shall post a voluntary departure bond, in an amount necessary to ensure that the alien will depart, to be surrendered upon proof that the alien has departed the United States within the time specified. An immigration judge may waive the requirement to post a voluntary departure bond in individual cases upon a finding that the alien has presented compelling evidence that the posting of a bond will pose a serious financial hardship and the alien has presented credible evidence that such a bond is unnecessary to guarantee timely departure. ; (iv) in subparagraph (C), as redesignated, by striking subparagraphs (C) and(D)(ii) and inserting subparagraphs (D) and (E)(ii) ; (v) in subparagraph (D), as redesignated, by striking subparagraph (B) each place that term appears and inserting subparagraph (C) ; and (vi) in subparagraph (E), as redesignated, by striking subparagraph (B) each place that term appears and inserting subparagraph (C) ; and (F) in paragraph (4), by striking paragraph (1) and inserting paragraphs (1) and (2) ; (2) in subsection (b)(2), by striking a period exceeding 60 days and inserting any period in excess of 45 days ; (3) by amending subsection (c) to read as follows: (c) Conditions on voluntary departure (1) Voluntary departure agreement Voluntary departure may only be granted as part of an affirmative agreement by the alien. A voluntary departure agreement under subsection (b) shall include a waiver of the right to any further motion, appeal, application, petition, or petition for review relating to removal or relief or protection from removal. (2) Concessions by the secretary In connection with the alien’s agreement to depart voluntarily under paragraph (1), the Secretary of Homeland Security may agree to a reduction in the period of inadmissibility under subparagraph (A) or (B)(i) of section 212(a)(9). (3) Advisals Agreements relating to voluntary departure granted during removal proceedings under section 240, or at the conclusion of such proceedings, shall be presented on the record before the immigration judge. The immigration judge shall advise the alien of the consequences of a voluntary departure agreement before accepting such agreement. (4) Failure to comply with agreement (A) In general If an alien agrees to voluntary departure under this section and fails to depart the United States within the time allowed for voluntary departure or fails to comply with any other terms of the agreement (including failure to timely post any required bond), the alien is— (i) ineligible for the benefits of the agreement; (ii) subject to the penalties described in subsection (d); and (iii) subject to an alternate order of removal if voluntary departure was granted under subsection (a)(2) or (b). (B) Effect of filing timely Appeal If, after agreeing to voluntary departure, the alien files a timely appeal of the immigration judge’s decision granting voluntary departure, the alien may pursue the appeal instead of the voluntary departure agreement. Such appeal operates to void the alien’s voluntary departure agreement and the consequences of such agreement, but precludes the alien from another grant of voluntary departure while the alien remains in the United States. (5) Voluntary departure period not affected Except as expressly agreed to by the Secretary in writing in the exercise of the Secretary’s discretion before the expiration of the period allowed for voluntary departure, no motion, appeal, application, petition, or petition for review shall affect, reinstate, enjoin, delay, stay, or toll the alien’s obligation to depart from the United States during the period agreed to by the alien and the Secretary. ; (4) by amending subsection (d) to read as follows: (d) Penalties for failure To depart If an alien is permitted to voluntarily depart under this section and fails to voluntarily depart from the United States within the time period specified or otherwise violates the terms of a voluntary departure agreement, the alien will be subject to the following penalties: (1) Civil penalty The alien shall be liable for a civil penalty of $3,000. The order allowing voluntary departure shall specify the amount of the penalty, which shall be acknowledged by the alien on the record. If the Secretary thereafter establishes that the alien failed to depart voluntarily within the time allowed, no further procedure will be necessary to establish the amount of the penalty, and the Secretary may collect the civil penalty at any time thereafter and by whatever means provided by law. An alien will be ineligible for any benefits under this chapter until this civil penalty is paid. (2) Ineligibility for relief The alien shall be ineligible during the time the alien remains in the United States and for a period of 10 years after the alien’s departure for any further relief under this section and sections 240A, 245, 248, and 249. The order permitting the alien to depart voluntarily shall inform the alien of the penalties under this subsection. (3) Reopening The alien shall be ineligible to reopen the final order of removal that took effect upon the alien’s failure to depart, or upon the alien’s other violations of the conditions for voluntary departure, during the period described in paragraph (2). This paragraph does not preclude a motion to reopen to seek withholding of removal under section 241(b)(3) or protection against torture, if the motion— (A) presents material evidence of changed country conditions arising after the date of the order granting voluntary departure in the country to which the alien would be removed; and (B) makes a sufficient showing to the satisfaction of the Attorney General that the alien is otherwise eligible for such protection. ; (5) by amending subsection (e) to read as follows: (e) Eligibility (1) Prior grant of voluntary departure An alien shall not be permitted to voluntarily depart under this section if the Secretary of Homeland Security or the Attorney General previously permitted the alien to depart voluntarily. (2) Rulemaking The Secretary may promulgate regulations to limit eligibility or impose additional conditions for voluntary departure under subsection (a)(1) for any class of aliens. The Secretary or Attorney General may by regulation limit eligibility or impose additional conditions for voluntary departure under subsections (a)(2) or (b) of this section for any class or classes of aliens. ; and (6) in subsection (f), by adding at the end the following: Notwithstanding section 242(a)(2)(D) of this Act, sections 1361, 1651, and 2241 of title 28, United States Code, any other habeas corpus provision, and any other provision of law (statutory or nonstatutory), no court shall have jurisdiction to affect, reinstate, enjoin, delay, stay, or toll the period allowed for voluntary departure under this section. . (b) Rulemaking The Secretary shall within one year of the date of enactment of this Act promulgate regulations to provide for the imposition and collection of penalties for failure to depart under section 240B(d) of the Immigration and Nationality Act ( 8 U.S.C. 1229c(d) ). (c) Effective dates (1) In general Except as provided in paragraph (2), the amendments made by this section shall apply with respect to all orders granting voluntary departure under section 240B of the Immigration and Nationality Act (8 U.S.C. 1229c) made on or after the date that is 180 days after the enactment of this Act. (2) Exception The amendment made by subsection (a)(6) shall take effect on the date of the enactment of this Act and shall apply with respect to any petition for review which is filed on or after such date. 602. Deterring aliens ordered removed from remaining in the United States unlawfully (a) Inadmissible aliens Section 212(a)(9)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(9)(A) ) is amended— (1) in clause (i), by striking seeks admission within 5 years of the date of such removal (or within 20 years and inserting seeks admission not later than 5 years after the date of the alien’s removal (or not later than 20 years after the alien’s removal ; and (2) in clause (ii), by striking seeks admission within 10 years of the date of such alien’s departure or removal (or within 20 years of and inserting seeks admission not later than 10 years after the date of the alien’s departure or removal (or not later than 20 years after . (b) Bar on discretionary relief Section 274D of such Act ( 8 U.S.C. 324d ) is amended— (1) in subsection (a), by striking Commissioner and inserting Secretary of Homeland Security ; and (2) by adding at the end the following: (c) Ineligibility for relief (1) In general Unless a timely motion to reopen is granted under section 240(c)(6), an alien described in subsection (a) shall be ineligible for any discretionary relief from removal (including cancellation of removal and adjustment of status) during the time the alien remains in the United States and for a period of 10 years after the alien’s departure from the United States. (2) Savings provision Nothing in paragraph (1) shall preclude a motion to reopen to seek withholding of removal under section 241(b)(3) or protection against torture, if the motion— (A) presents material evidence of changed country conditions arising after the date of the final order of removal in the country to which the alien would be removed; and (B) makes a sufficient showing to the satisfaction of the Attorney General that the alien is otherwise eligible for such protection. . (c) Effective dates The amendments made by this section shall take effect on the date of the enactment of this Act with respect to aliens who are subject to a final order of removal entered before, on, or after such date. 603. Reinstatement of removal orders (a) In general Section 241(a)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1231(a)(5) ) is amended to read as follows: (5) Reinstatement of removal orders against aliens illegally reentering If the Secretary of Homeland Security finds that an alien has entered the United States illegally after having been removed, deported, or excluded or having departed voluntarily, under an order of removal, deportation, or exclusion, regardless of the date of the original order or the date of the illegal entry— (A) the order of removal, deportation, or exclusion is reinstated from its original date and is not subject to being reopened or reviewed notwithstanding section 242(a)(2)(D); (B) the alien is not eligible and may not apply for any relief under this Act, regardless of the date that an application or request for such relief may have been filed or made; and (C) the alien shall be removed under the order of removal, deportation, or exclusion at any time after the illegal entry. Reinstatement under this paragraph shall not require proceedings under section 240 or other proceedings before an immigration judge . (b) Judicial review Section 242 of the Immigration and Nationality Act (8 U.S.C. 1252) is amended by adding at the end the following: (h) Judicial review of reinstatement under section 241 (a) (5) (1) Review of reinstatement Judicial review of determinations under section 241(a)(5) is available in an action under subsection (a). (2) No review of original order Notwithstanding any other provision of law (statutory or nonstatutory), including section 2241 of title 28, United States Code, any other habeas corpus provision, or sections 1361 and 1651 of such title, no court shall have jurisdiction to review any cause or claim, arising from, or relating to, any challenge to the original order. . (c) Effective date The amendments made by subsections (a) and (b) shall take effect as if enacted on April 1, 1997, and shall apply to all orders reinstated or after that date by the Secretary of Homeland Security (or by the Attorney General prior to March 1, 2003), regardless of the date of the original order. 604. Clarification with respect to definition of admission Section 101(a)(13)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(13)(A) ) is amended by adding at the end the following: An alien’s adjustment of status to that of lawful permanent resident status under any provision of this Act, or under any other provision of law, shall be considered an admission for any purpose under this Act, even if the adjustment of status occurred while the alien was present in the United States. . 605. Reports to Congress on the exercise and abuse of prosecutorial discretion (a) In general Not later than 180 days after the end of each fiscal year, the Secretary of Homeland Security and the Attorney General shall each provide to the Committees on the Judiciary of the House of Representatives and of the Senate a report on the following: (1) Aliens apprehended or arrested by State or local law enforcement agencies who were identified by the Department of Homeland Security in the previous fiscal year and for whom the Department of Homeland Security did not issue detainers and did not take into custody despite the Department of Homeland Security’s findings that the aliens were inadmissible or deportable. (2) Aliens who were applicants for admission in the previous fiscal year but not clearly and beyond a doubt entitled to be admitted by an immigration officer and who were not detained as required pursuant to section 235(b)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(2)(A) ). (3) Aliens who in the previous fiscal year were found by Department of Homeland Security officials performing duties related to the adjudication of applications for immigration benefits or the enforcement of the immigration laws to be inadmissible or deportable who were not issued notices to appear pursuant to section 239 of such Act ( 8 U.S.C. 1229 ) or placed into removal proceedings pursuant to section 240 ( 8 U.S.C. 1229a ), unless the aliens were placed into expedited removal proceedings pursuant to section 235(b)(1)(A)(i) ( 8 U.S.C. 1225(b)(1)(A)(5) ) or section 238 ( 8 U.S.C. 1228 ), were granted voluntary departure pursuant to section 240B, were granted relief from removal pursuant to statute, were granted legal nonimmigrant or immigrant status pursuant to statute, or were determined not to be inadmissible or deportable. (4) Aliens issued notices to appear that were cancelled in the previous fiscal year despite the Department of Homeland Security’s findings that the aliens were inadmissible or deportable, unless the aliens were granted relief from removal pursuant to statute, were granted voluntary departure pursuant to section 240B of such Act ( 8 U.S.C. 1229c ), or were granted legal nonimmigrant or immigrant status pursuant to statute. (5) Aliens who were placed into removal proceedings, whose removal proceedings were terminated in the previous fiscal year prior to their conclusion, unless the aliens were granted relief from removal pursuant to statute, were granted voluntary departure pursuant to section 240B, were granted legal nonimmigrant or immigrant status pursuant to statute, or were determined not to be inadmissible or deportable. (6) Aliens granted parole pursuant to section 212(d)(5)(A) of such Act (8 U.S.C. 1182(d)(5)(A)). (7) Aliens granted deferred action, extended voluntary departure or any other type of relief from removal not specified in the Immigration and Nationality Act or where determined not to be inadmissible or deportable. (b) Contents of report The report shall include a listing of each alien described in each paragraph of subsection (a), including when in the possession of the Department of Homeland Security their names, fingerprint identification numbers, alien registration numbers, and reason why each was granted the type of prosecutorial discretion received. The report shall also include current criminal histories on each alien from the Federal Bureau of Investigation. 606. Waiver of Federal laws with respect to border security actions on Department of the Interior and Department of Agriculture lands (a) Prohibition on Secretaries of the Interior and Agriculture The Secretary of the Interior or the Secretary of Agriculture shall not impede, prohibit, or restrict activities of U.S. Customs and Border Protection on Federal land located within 100 miles of an international land border that is under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture, to execute search and rescue operations and to prevent all unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband through the international land borders of the United States. (b) Authorized activities of U.S. Customs and Border Protection U.S. Customs and Border Protection shall have immediate access to Federal land within 100 miles of the international land border under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture for purposes of conducting the following activities on such land that prevent all unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband through the international land borders of the United States: (1) Construction and maintenance of roads. (2) Construction and maintenance of barriers. (3) Use of vehicles to patrol, apprehend, or rescue. (4) Installation, maintenance, and operation of communications and surveillance equipment and sensors. (5) Deployment of temporary tactical infrastructure. (c) Clarification relating to waiver authority (1) In general Notwithstanding any other provision of law (including any termination date relating to the waiver referred to in this subsection), the waiver by the Secretary of Homeland Security on April 1, 2008, under section 102(c)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1103 note; Public Law 104–208 ) of the laws described in paragraph (2) with respect to certain sections of the international border between the United States and Mexico and between the United States and Canada shall be considered to apply to all Federal land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture within 100 miles of the international land borders of the United States for the activities of U.S. Customs and Border Protection described in subsection (c). (2) Description of laws waived The laws referred to in paragraph (1) are limited to the Wilderness Act ( 16 U.S.C. 1131 et seq. ), the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the National Historic Preservation Act (16 U.S.C. 470 et seq.), Public Law 86–523 ( 16 U.S.C. 469 et seq. ), the Act of June 8, 1906 (commonly known as the Antiquities Act of 1906 ; 16 U.S.C. 431 et seq.), the Wild and Scenic Rivers Act ( 16 U.S.C. 1271 et seq. ), the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ), the National Wildlife Refuge System Administration Act of 1966 ( 16 U.S.C. 668dd et seq. ), the Fish and Wildlife Act of 1956 ( 16 U.S.C. 742a et seq. ), the Fish and Wildlife Coordination Act ( 16 U.S.C. 661 et seq. ), subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act ), the National Park Service Organic Act ( 16 U.S.C. 1 et seq. ), the General Authorities Act of 1970 (Public Law 91–383) ( 16 U.S.C. 1a–1 et seq. ), sections 401(7), 403, and 404 of the National Parks and Recreation Act of 1978 ( Public Law 95–625 , 92 Stat. 3467), and the Arizona Desert Wilderness Act of 1990 ( 16 U.S.C. 1132 note; Public Law 101–628). (d) Protection of legal uses This section shall not be construed to provide— (1) authority to restrict legal uses, such as grazing, hunting, mining, or public-use recreational and backcountry airstrips on land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture; or (2) any additional authority to restrict legal access to such land. (e) Effect on State and private land This Act shall— (1) have no force or effect on State or private lands; and (2) not provide authority on or access to State or private lands. (f) Tribal sovereignty Nothing in this section supersedes, replaces, negates, or diminishes treaties or other agreements between the United States and Indian tribes. (g) Report Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of Homeland Security shall submit to the appropriate committees of Congress a report describing the extent to which implementation of this section has affected the operations of U.S. Customs and Border Protection in the year preceding the report.

https://www.govinfo.gov/content/pkg/BILLS-113hr2278ih/xml/BILLS-113hr2278ih.xml

113-hr-2279

I 113th CONGRESS 1st Session H. R. 2279 IN THE HOUSE OF REPRESENTATIVES June 6, 2013 Mr. Gardner 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 Solid Waste Disposal Act relating to review of regulations under such Act and to amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 relating to financial responsibility for classes of facilities. 1. Short title This Act may be cited as the Reducing Excessive Deadline Obligations Act of 2013 . 2. Review of regulations under the Solid Waste Disposal Act Section 2002(b) of the Solid Waste Disposal Act ( 42 U.S.C. 6912(b) ) is amended to read as follows: (b) Review of regulations The Administrator shall review, and revise, as the Administrator determines appropriate, regulations promulgated under this Act. . 3. Financial responsibility for classes of facilities under CERCLA Section 108(b) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9608(b) ) is amended— (1) in paragraph (1)— (A) by striking Not later than three years after the date of enactment of the Act, the President shall and inserting The President shall, as appropriate, ; and (B) by striking first after for which requirements will be ; and (2) in paragraph (2)— (A) by striking any one, or any combination, of the following: and inserting forms of security, including ; and (B) by striking or qualification and inserting and qualification . 4. Report to Congress regarding financial responsibility requirements Section 108(b) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9608(b) ) is further amended by adding at the end the following: (6) The President may not promulgate any financial responsibility requirement under this subsection without first submitting to Congress a report— (A) describing each facility or class of facilities to be covered by such requirement; (B) describing the development of such requirement, why the facility or class of facilities proposed to be covered by such requirement present the highest level of risk of injury, and why the facility or class of facilities is not already covered by adequate financial responsibility requirements; (C) describing the financial responsibility requirements promulgated by States or other Federal agencies for the facility or class of facilities to be covered by the financial responsibility requirement proposed under this subsection and explaining why the requirement proposed under this subsection is necessary; (D) describing the exposure to the Fund for response costs resulting from the facility or class of facilities proposed to be covered; and (E) describing the capacity of the financial and credit markets to provide instruments of financial responsibility necessary to meet such requirement. The President shall update any report submitted under this paragraph to reflect any revision of the facilities or classes of facilities to be covered by a financial responsibility requirement that is the subject of such report. . 5. Preemption of financial responsibility requirements Section 114(d) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9614(d) ) is amended to read as follows: (d) No owner or operator of a vessel or facility who establishes and maintains evidence of financial responsibility associated with the production, transportation, treatment, storage, or disposal of hazardous substances pursuant to financial responsibility requirements under any State law or regulation, or any other Federal law or regulation, shall be required to establish or maintain evidence of financial responsibility under this title, unless the President determines, after notice and opportunity for public comment, that in the event of a release, such other Federal or State financial responsibility requirements are insufficient to cover likely response costs under section 104. Except as provided in this subsection, evidence of compliance with such other Federal or State financial responsibility requirements shall be accepted by the President in lieu of compliance with any requirement for financial responsibility promulgated under this title. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2279ih/xml/BILLS-113hr2279ih.xml

113-hr-2280

I 113th CONGRESS 1st Session H. R. 2280 IN THE HOUSE OF REPRESENTATIVES June 6, 2013 Mr. Calvert introduced the following bill; which was referred to the Committee on Natural Resources A BILL To require the Secretary of the Treasury to establish a program to provide loans and loan guarantees to enable eligible public entities to acquire interests in real property that are in compliance with habitat conservation plans approved by the Secretary of the Interior under the Endangered Species Act of 1973, and for other purposes. 1. Short title This Act may be cited as the Infrastructure Facilitation and Habitat Conservation Act of 2013 . 2. Conservation loan and loan guarantee program (a) Definitions In this section: (1) Eligible public entity The term eligible public entity means a political subdivision of a State, including— (A) a duly established town, township, or county; (B) an entity established for the purpose of regional governance; (C) a special purpose entity; and (D) a joint powers authority, or other entity certified by the Governor of a State, to have authority to implement a habitat conservation plan pursuant to section 10(a) of the Endangered Species Act of 1973 ( 16 U.S.C. 1539(a) ). (2) Program The term program means the conservation loan and loan guarantee program established by the Secretary under subsection (b)(1). (3) Secretary The term Secretary means the Secretary of the Treasury. (b) Loan and loan guarantee program (1) Establishment As soon as practicable after the date of enactment of this Act, the Secretary shall establish a program to provide loans and loan guarantees to eligible public entities to enable eligible public entities to acquire interests in real property that are acquired pursuant to habitat conservation plans approved by the Secretary of the Interior under section 10 of the Endangered Species Act of 1973 ( 16 U.S.C. 1539 ). (2) Application; approval process (A) Application (i) In general To be eligible to receive a loan or loan guarantee under the program, an eligible public entity shall submit to the Secretary an application at such time, in such form and manner, and including such information as the Secretary may require. (ii) Solicitation of applications Not less frequently than once per calendar year, the Secretary shall solicit from eligible public entities applications for loans and loan guarantees in accordance with this section. (B) Approval process (i) Submission of applications to Secretary of the Interior As soon as practicable after the date on which the Secretary receives an application under subparagraph (A), the Secretary shall submit the application to the Secretary of the Interior for review. (ii) Review by Secretary of the Interior (I) Review As soon as practicable after the date of receipt of an application by the Secretary under clause (i), the Secretary of the Interior shall conduct a review of the application to determine whether— (aa) the eligible public entity is implementing a habitat conservation plan that has been approved by the Secretary of the Interior under section 10 of the Endangered Species Act of 1973 ( 16 U.S.C. 1539 ); (bb) the habitat acquisition program of the eligible public entity would very likely be completed; and (cc) the eligible public entity has adopted a complementary plan for sustainable infrastructure development that provides for the mitigation of environmental impacts. (II) Report to Secretary Not later than 60 days after the date on which the Secretary of the Interior receives an application under subclause (I), the Secretary of the Interior shall submit to the Secretary a report that contains— (aa) an assessment of each factor described in subclause (I); and (bb) a recommendation regarding the approval or disapproval of a loan or loan guarantee to the eligible public entity that is the subject of the application. (III) Consultation with Secretary of Commerce To the extent that the Secretary of the Interior considers to be appropriate to carry out this clause, the Secretary of the Interior may consult with the Secretary of Commerce. (iii) Approval by Secretary (I) In general Not later than 120 days after receipt of an application under subparagraph (A), the Secretary shall approve or disapprove the application. (II) Factors In approving or disapproving an application of an eligible public entity under subclause (I), the Secretary may consider— (aa) whether the financial plan of the eligible public entity for habitat acquisition is sound and sustainable; (bb) whether the eligible public entity has the ability to repay a loan or meet the terms of a loan guarantee under the program; (cc) any factor that the Secretary determines to be appropriate; and (dd) the recommendation of the Secretary of the Interior. (III) Preference In approving or disapproving applications of eligible public entities under subclause (I), the Secretary shall give preference to eligible public entities located in biologically rich regions in which rapid growth and development threaten successful implementation of approved habitat conservation plans, as determined by the Secretary in cooperation with the Secretary of the Interior. (C) Administration of loans and loan guarantees (i) Report to Secretary of the interior Not later than 60 days after the date on which the Secretary approves or disapproves an application under subparagraph (B)(iii), the Secretary shall submit to the Secretary of the Interior a report that contains the decision of the Secretary to approve or disapprove the application. (ii) Duty of Secretary As soon as practicable after the date on which the Secretary approves an application under subparagraph (B)(iii), the Secretary shall— (I) establish the loan or loan guarantee with respect to the eligible public entity that is the subject of the application (including such terms and conditions as the Secretary may prescribe); and (II) carry out the administration of the loan or loan guarantee. (c) Termination of authority The authority under this section shall terminate on the date that is 10 years after the date of enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2280ih/xml/BILLS-113hr2280ih.xml

113-hr-2281

I 113th CONGRESS 1st Session H. R. 2281 IN THE HOUSE OF REPRESENTATIVES June 6, 2013 Mr. Rogers of Michigan (for himself and Mr. Ryan of Ohio ) introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committees on the Judiciary 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 combat cyber espionage of intellectual property of United States persons, and for other purposes. 1. Short title This Act may be cited as the Cyber Economic Espionage Accountability Act . 2. Findings and sense of Congress (a) Findings Congress finds the following: (1) The United States faces persistent cyber espionage of intellectual property from foreign governments that threatens United States economic and national security interests, results in an unfair competitive advantage for foreign companies, and is a major contributor to the loss of manufacturing jobs in the United States. (2) Cyber espionage of intellectual property by foreign actors is one of the most pressing issues facing innovators and entrepreneurs in the United States today. (3) The National Counterintelligence Executive stated in its October 2011 biennial economic espionage report that Chinese actors are the world’s most active and persistent perpetrators of economic espionage and that United States private sector firms and cybersecurity specialists have reported an onslaught of computer network intrusions that have originated in China . (4) The National Counterintelligence Executive also stated that Russia’s intelligence services are conducting a range of activities to collect economic information and technology from U.S. targets . (5) The People’s Republic of China, the Russian Federation, and other countries threaten the privacy of United States citizens by accessing and exploiting personally identifiable information through cyber economic espionage. (6) The People’s Republic of China, the Russian Federation, and other countries responsible for such cyber economic espionage are members of the World Trade Organization (WTO) and have agreed to comply with the global system of rules and obligations governing the international commerce and trade among member states. (7) The United States has recognized the membership of the People’s Republic of China, the Russian Federation, and other countries into the WTO by granting them Permanent Normal Trade Relations (PNTR) status under United States law. (8) Cyber economic espionage undermines the cooperative relationships between the United States and countries tolerating or encouraging such activities. (b) Sense of Congress It is the sense of Congress that— (1) cyber economic espionage should be a priority issue in all economic and diplomatic discussions with the People’s Republic of China, including during all meetings of the U.S.-China Strategic and Economic Dialogue, and with the Russian Federation and other countries determined to encourage, tolerate, or conduct such cyber economic espionage at appropriate bilateral meetings; (2) the United States should intensify diplomatic efforts in appropriate international fora such as the United Nations, the Organisation for Economic Cooperation and Development (OECD), and summits such as the G–8 and G–20 summits, to address the harm to the international economic order by cyber economic espionage; and (3) the Department of Justice should increase its efforts to bring economic espionage criminal cases against offending foreign actors, with penalties to include both fines and imprisonment, as well as encourage further cooperation among countries to address cyber economic espionage through criminal prosecutions. 3. Identification of persons responsible for cyber espionage of intellectual property of United States persons (a) In general Not later than 120 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a list of persons who are officials of a foreign government or persons acting on behalf of a foreign government that the President determines, based on credible information— (1) are responsible for cyber espionage of intellectual property of United States persons; or (2) acted as an agent of or on behalf of a person in a matter relating to an activity described in paragraph (1). (b) Updates The President shall submit to the appropriate congressional committees an update of the list required by subsection (a) as new information becomes available. (c) Form (1) In general The list required by subsection (a) shall be submitted in unclassified form. (2) Exception The name of a person to be included in the list required by subsection (a) may be submitted in a classified annex only if the President— (A) determines that it is vital for the national security interests of the United States to do so; (B) uses the annex in such a manner consistent with congressional intent and the purposes of this Act; and (C) 15 days prior to submitting the name in a classified annex, provides to the appropriate congressional committees notice of, and a justification for, including or continuing to include each person in the classified annex despite any publicly available credible information indicating that the person engaged in an activity described in paragraph (1) or (2) of subsection (a). (3) Public availability The unclassified portion of the list required by subsection (a) shall be made available to the public and published in the Federal Register. (d) Removal from list A person may be removed from the list required by subsection (a) if the President determines and reports to the appropriate congressional committees not less than 15 days prior to the removal of the person from the list that credible information exists that the person did not engage in the activity for which the person was added to the list. (e) Requests by chairperson and ranking member of appropriate congressional committees (1) In general Not later than 120 days after receiving a written request from the chairperson and ranking member of one of the appropriate congressional committees with respect to whether a person meets the criteria for being added to the list required by subsection (a), the President shall submit a response to the chairperson and ranking member of the committee which made the request with respect to the status of the person. (2) Form The President may submit a response required by paragraph (1) in classified form if the President determines that it is necessary for the national security interests of the United States to do so. (3) Removal If the President removes from the list required by subsection (a) a person who has been placed on the list at the request of the chairperson and ranking member of one of the appropriate congressional committees, the President shall provide the chairperson and ranking member with any information that contributed to the removal decision. The President may submit such information in classified form if the President determines that such is necessary for the national security interests of the United States. (f) Nonapplicability of confidentiality requirement with respect to visa records The President shall publish the list required by subsection (a) without regard to the requirements of section 222(f) of the Immigration and Nationality Act ( 8 U.S.C. 1202(f) ) with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the United States. 4. Inadmissibility of certain aliens (a) Ineligibility for visas An alien is ineligible to receive a visa to enter the United States and ineligible to be admitted to the United States if the alien is on the list required by section 3(a). (b) Current visas revoked The Secretary of State, in consultation with the Secretary of Homeland Security, shall revoke, in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) ), the visa or other documentation of any alien who would be ineligible to receive such a visa or documentation under subsection (a) of this section. (c) Waiver for national security interests (1) In general The Secretary of State may waive the application of subsection (a) or (b) in the case of an alien if— (A) the Secretary determines that such a waiver— (i) is necessary to permit the United States to comply with the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed June 26, 1947, and entered into force November 21, 1947, or other applicable international obligations of the United States; or (ii) is in the national security interests of the United States; and (B) prior to granting such a waiver, the Secretary provides to the appropriate congressional committees notice of, and a justification for, the waiver. (2) Timing for certain waivers Notification under subparagraph (B) of paragraph (1) shall be made not later than 15 days prior to granting a waiver under such paragraph if the Secretary grants such waiver in the national security interests of the United States in accordance with subparagraph (A)(ii) of such paragraph. (d) Regulatory authority The Secretary of State shall prescribe such regulations as are necessary to carry out this section. 5. Financial measures (a) Freezing of assets (1) In general The President shall exercise all powers granted by the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) (except that the requirements of section 202 of such Act ( 50 U.S.C. 1701 ) shall not apply) to the extent necessary to freeze and prohibit all transactions in all property and interests in property of a person who is on the list required by section 3(a) of this Act if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (2) Exception Paragraph (1) shall not apply to persons included on the classified annex under section 3(c)(2) if the President determines that such an exception is vital for the national security interests of the United States. (b) Waiver for national security interests The Secretary of the Treasury may waive the application of subsection (a) if the Secretary determines that such a waiver is in the national security interests of the United States. Not less than 15 days prior to granting such a waiver, the Secretary shall provide to the appropriate congressional committees notice of, and a justification for, the waiver. (c) Enforcement (1) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of such section. (2) Requirements for financial institutions Not later than 120 days after the date of the enactment of this Act, the Secretary of the Treasury shall prescribe or amend regulations as needed to require each financial institution that is a United States person and has within its possession or control assets that are property or interests in property of a person who is on the list required by section 3(a) if such property and interests in property are in the United States to certify to the Secretary that, to the best of the knowledge of the financial institution, the financial institution has frozen all assets within the possession or control of the financial institution that are required to be frozen pursuant to subsection (a). (d) Specially designated nationals list The Secretary of the Treasury shall include on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury each person who is on the list required by section 3(a) of this Act. (e) Regulatory authority The Secretary of the Treasury shall issue such regulations, licenses, and orders as are necessary to carry out this section. 6. Report to Congress Not later than one year after the date of the enactment of this Act and annually thereafter, the Secretary of State and the Secretary of the Treasury shall submit to the appropriate congressional committees a report on— (1) the actions taken to carry out this Act, including— (A) the number of persons added to or removed from the list required by section 3(a) during the year preceding the report, the dates on which such persons have been added or removed, and the reasons for adding or removing them; and (B) if few or no such persons have been added to that list during that year, the reasons for not adding more such persons to the list; and (2) efforts by the executive branch to encourage the governments of other countries to impose sanctions that are similar to the sanctions imposed under this Act. 7. Definitions In this Act: (1) Admitted; alien The terms admitted and alien have the meanings given those terms in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ). (2) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Armed Services, the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Homeland Security, the Committee on the Judiciary, and the Permanent Select Committee on Intelligence of the House of Representatives; and (B) the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, and the Select Committee on Intelligence of the Senate. (3) Financial institution The term financial institution has the meaning given that term in section 5312 of title 31, United States Code. (4) United States person The term United States person means— (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity.

https://www.govinfo.gov/content/pkg/BILLS-113hr2281ih/xml/BILLS-113hr2281ih.xml

113-hr-2282

I 113th CONGRESS 1st Session H. R. 2282 IN THE HOUSE OF REPRESENTATIVES June 6, 2013 Mr. King of New York introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Financial Services 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 regulate Internet gambling, to provide consumer protections, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Internet Gambling Regulation, Enforcement, and Consumer Protection Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Title I—INTERNET GAMBLING REGULATION AND CONSUMER PROTECTION Sec. 101. Findings. Sec. 102. Definitions. Sec. 103. Prohibition on operation of internet gambling facilities. Sec. 104. Office of Internet Gambling Oversight. Sec. 105. Qualified bodies. Sec. 106. Establishment of licensing program for internet gambling. Sec. 107. Compulsive gaming, responsible gaming, and self-exclusion program requirements. Sec. 108. Prohibition on use of licenses in certain States and Indian lands. Sec. 109. Prohibition on bets or wagers on sporting events. Sec. 110. Public internet gambling and internet gambling parlors prohibited. Sec. 111. Safe harbor. Sec. 112. Cheating and other fraud. Sec. 113. Construction and relation to other law. Sec. 114. Orderly transition. Sec. 115. Annual reports. Sec. 116. Independent testing of licensed operator equipment. Sec. 117. Inclusion of authority to address gambling addiction in samhsa authorities. Sec. 118. Compilation of datasets on player behavior. Sec. 119. Effective date. Title II—ENFORCEMENT UNDER TITLES 18 AND 31, UNITED STATES CODE Sec. 201. Financial service providers. Sec. 202. Amendments relating to illegal gambling businesses. Sec. 203. Further amendments to subchapter IV of chapter 53 of title 31, United States Code. Sec. 204. Bettor forfeiture. Sec. 205. Regulations. Sec. 206. Conforming amendment. Title III—OTHER MATTERS Sec. 301 Severability. I INTERNET GAMBLING REGULATION AND CONSUMER PROTECTION 101. Findings (a) Findings Congress makes the following findings: (1) Since the development of the Internet, Internet sites offering Internet gambling have raised consumer protection and enforcement concerns for Federal and State governments as such Internet sites are often run by unknown operators located in many different countries, subject to little or no oversight, and have sought to attract customers from the United States. (2) Subchapter IV of chapter 53 of title 31, United States Code, which was added by the enactment of the Unlawful Internet Gambling Enforcement Act of 2006 (title VIII of Public Law 109–347 ; 120 Stat. 1952), makes it a Federal crime for gambling businesses to knowingly accept most forms of payment in connection with the participation of another person in unlawful Internet gambling. Since the enactment of the Unlawful Internet Gambling Enforcement Act of 2006, such subchapter IV has helped aid enforcement efforts against unlawful Internet gambling operators and to limit unlawful Internet gaming involving United States persons. (3) In 2006, Congress enacted the Unlawful Internet Gambling Enforcement Act, which prohibited the acceptance or processing of financial instruments for the purpose of unlawful Internet gambling, but which did not clarify which bets or wagers are prohibited by law. Groups such as the National District Attorneys Association and the Fraternal Order of Police have expressed support for a law that clearly prohibits all unlicensed Internet gambling. Enacting such a law will aid law enforcement, prosecutors and courts in their efforts to curtail unlawful Internet gambling. (4) On December 23, 2011, the Department of Justice released a memorandum opinion of the Office of Legal Counsel dated September 20, 2011, that construed section 1084 of title 18, United States Code (referred to as the Wire Act ), to apply only to sports-related gambling activities in interstate and foreign commerce, with the result that non-sports related Internet gambling in the United States has been found not to be prohibited under Federal law if it is lawful under State law. (5) A growing number of States and Indian tribes have legalized or are considering legalizing and promoting Internet gambling to generate revenue. Absent Federal limitations and enforcement, State regulation of Internet gambling, including consumer safeguards, could vary widely from State to State, and States could have difficulty enforcing Internet gambling restrictions within their borders, especially against out-of-State operators. (6) A number of States have authorized or are considering authorizing Internet purchases of lottery subscriptions or other lottery games to generate revenue, which should not be prevented by Federal law. (7) Federal law needs to be updated to make clear its relationship to Internet gambling to strengthen enforcement and to ensure an effective Internet gambling enforcement structure that protects consumers and the ability of States to enforce State laws relating to Internet gambling. (8) Since the passage of the Professional and Amateur Sports Protection Act ( Public Law 102–559 ) in 1992, which added chapter 178 to title 28, United States Code, such chapter has played an important and effective role in implementing longstanding Federal policy against gambling on professional, scholastic, and amateur sporting events. (9) Additional tools to assist law enforcement, banks and financial transaction providers, and Internet service providers in the prevention of unlawful Internet gambling activities would be important and beneficial. Maintenance of a list of licensed Internet gambling operators would provide a level of certainty as to permitted transactions and law enforcement efforts. (10) Internet gambling, like much other Internet commerce, traverses State boundaries. Any particular transaction may cross a number of State boundaries from origin to destination, and communications between the same parties at different times may travel along markedly different routes, based on factors such as traffic, load capacity, and other technical considerations outside the control of sender and recipient. For that reason, among others, the Federal courts consistently have ruled that the Internet is an instrumentality and channel of interstate commerce and, as such, is subject to Congress’s plenary authority. For these same reasons, Internet gambling by its very nature implicates Federal concerns, and is different in kind and effect from traditional gambling activity. (11) A Federal regime to regulate Internet gambling and to protect consumers should include an effective framework— (A) to prevent underage wagering and otherwise to protect vulnerable individuals; (B) to ensure the games are fair and are conducted honestly; (C) to ensure that States and Indian tribes that wish to prohibit Internet gambling may do so; (D) to promote the ability of State and Tribal lotteries to generate revenue for the jurisdictions that license them; and (E) to facilitate the enforcement of Federal, State, and tribal laws against unauthorized Internet gambling. (12) To avoid uneven treatment of Internet gambling and land-based gambling and the risk of discrimination against existing land-based gambling operations and States that have authorized gambling, a Federal regime to regulate Internet gambling should contain revenue measures sufficient to ensure that Internet gambling activities generate at least equivalent revenues for the Federal Government and the States combined as they would generate if the gambling was carried out at land-based operations. (13) Federal regulation of Internet gambling should be designed and implemented to foster a level-playing field among all forms of traditional gambling and all types of Internet gambling operators, including casinos, Indian tribes offering gambling services, State-licensed lotteries, horseracing, and any other form of gambling that is not sports-related, as well as among Internet companies with relevant expertise in e-commerce who meet the same qualifications as traditional casinos for integrity and for the capacity to carry out Internet gambling operations that meet applicable Federal and State standards. 102. Definitions In this title: (1) Applicant The term applicant means any person who has applied for a license under this title. (2) Bet or wager (A) In general Except as provided in subparagraph (B), the term bet or wager has the meaning given the term in section 5362 of title 31, United States Code. (B) Exception The term bet or wager does not include the following: (i) A bet or wager that is permissible under the Interstate horseracing Act of 1978 ( 15 U.S.C. 3001 et seq. ). (ii) A qualifying intrastate lottery transaction. (3) Casino gaming (A) In general Except as provided in subparagraph (B), the term casino gaming means the full range of casino gaming activity licensed by regulatory bodies of States or Indian tribes that would be qualified as class III gaming under section 4 of the Indian Gaming Regulatory Act ( 25 U.S.C. 2703 ) if that Act were applicable to the gaming. (B) Exception The term casino gaming does not include lotteries of States or Indian tribes in compliance with the law of that State or Indian tribe, as applicable, and which solely provide lottery tickets to participants wholly within the boundaries of such State or the Indian lands of such Indian tribe. (4) Gaming device (A) In general Except as provided in subparagraph (B), the term gaming device means any computer-based gambling machine, including slot machines and video lottery terminals that have been approved by a gaming regulatory authority of a State or Indian tribe. (B) Exception The term gaming device does not include machines that process bets or wagers for pari-mutuel betting pools. (5) Indian lands and Indian tribe The terms Indian lands and Indian tribe have the meaning given the terms in section 4 of the Indian Gaming Regulatory Act ( 25 U.S.C. 2703 ). (6) Internet The term Internet has the meaning given the term in section 5362 of title 31, United States Code. (7) Internet gambling facility The term Internet gambling facility means an Internet website, or similar communications facility in which transmissions may cross State boundaries, through which a bet or wager is initiated, received, or otherwise made, whether transmitted by telephone, Internet, satellite, or other wire or wireless communication facility, service, or medium, including an Internet gambling facility not operating under a license in good standing issued under this title, including any facility that facilitates qualifying intrastate lottery transactions to the degree that such facility facilitates such transactions. (8) Licensee The term licensee means a person who operates an Internet gambling facility under a license issued by a qualified body pursuant to this title. (9) Live racing The term live racing means, with respect to a physical race track, the conduct of live thoroughbred horse races at such race track and does not include any races simulcasted from a separate race track. (10) Operate an internet gambling facility The term operate an Internet gambling facility means to conduct, direct, manage, own, supervise, or control an Internet gambling facility. (11) Person The term person means a natural person, corporation, casino gambling facility, or race track, an Internet gambling facility, an Internet poker facility, a State or State agency, or an Indian tribe or corporation, agency, or instrumentality of an Indian tribe. (12) Qualified body The term qualified body means the following: (A) The Office of Internet Gambling Oversight established under section 104(a) and designated under section 105(a)(2). (B) Any State agency or regulatory body of an Indian tribe that has been designated as a qualified body under paragraph (1) or (3) of section 105(a). (13) Qualified race track The term qualified race track means a race track that has been licensed by a regulatory authority of a State or Indian tribe. (14) Qualifying intrastate lottery The term qualifying intrastate lottery means a lottery or other prize, through the purchase of a chance or opportunity to win, that is offered by a State or Indian tribe— (A) that is operating lawfully under the laws of that State or Indian tribe, as the case may be; (B) that is not related to a sporting event; (C) in which the opportunity to win is predominately subject to chance; and (D) that provides the chances or opportunity to win for purchase to participants only within the boundaries of that State or the Indian lands of that Indian tribe, as the case may be. (15) Qualifying lottery transaction The term qualifying lottery transaction means the purchase of a chance or opportunity to win a lottery or other prize offered by a State lottery, operating lawfully under the laws of a State or Indian tribe, that is not sports-related and— (A) which opportunity to win is predominantly subject to chance; and (B) which is authorized by a State or Indian tribe. (16) Remote gaming equipment (A) In general Except as provided in subparagraph (B), the term remote gaming equipment means electronic or other equipment principally used by or on behalf of an operator of an Internet gambling facility, including by any significant vendor to such operator, to— (i) register a person’s participation in Internet gambling and to store information relating thereto; (ii) present to persons who are participating or who may participate in Internet gambling the game that is to be played; (iii) determine all or part of, or the effect of, a result relevant to Internet gambling and to store information relating thereto; (iv) accept payment with respect to Internet gambling from the player; or (v) authorize payment of any winnings in respect of Internet gambling. (B) Exception The term remote gaming equipment does not include the following: (i) Equipment used for business continuity, back-up, excess capacity, or other secondary use. (ii) A computer which is used by a person to participate in Internet gambling unless the computer is provided by or on behalf of the person who is conducting or providing the facilities for the game. (iii) Equipment operated in the ordinary course of providing banking, telecommunications, or payment processing services. (iv) Such other equipment that provides ancillary services as the Secretary considers appropriate. (17) Secretary The term Secretary means the Secretary of the Treasury. (18) Significant vendor The term significant vendor means a person who— (A) on behalf of a licensee, knowingly manages, administers, or controls bets or wagers that are initiated, received, or otherwise made within the United States; (B) on behalf of a licensee, knowingly manages, administers, or controls the games with which such bets or wagers are associated; (C) on behalf of a licensee, develops, maintains, or operates the software or other system programs or hardware on which the games or the bets or wagers are managed, administered, or controlled; (D) provides the trademarks, tradenames, service marks, or similar intellectual property under which a licensee identifies its Internet gambling facility to its customers in the United States; (E) sells, licenses, or otherwise receives compensation for selling or licensing information on individuals in the United States that made bets or wagers with an Internet gambling facility not licensed under this title via a database or customer lists; (F) provides any products, services, or assets to a licensee and is paid a percentage of gaming revenue or commission fees by the licensee (not including fees to financial institutions and payment providers for facilitating a deposit by a customer); or (G) with respect to an applicant, proposes to provide any of the activities, services, or items identified in subparagraphs (A) through (F). (19) Sporting event (A) In general Except as provided in subparagraph (B), the term sporting event means any athletic competition, whether professional, scholastic, or amateur or any performance of any athlete in such competitions. (B) Exception The term sporting event does not include any activity described in section 3704(a)(4) of title 28, United States Code. (20) State The term State means each of the several States of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. 103. Prohibition on operation of internet gambling facilities (a) Prohibition (1) In general It shall be unlawful for a person to operate an Internet gambling facility that offers services to persons in the United States, except as authorized under this Act. (2) Exception Paragraph (1) shall not apply to the operation of an Internet gambling facility by a person located inside the United States who is a licensed operator under this Act; to any qualified race track; to any operator offering qualifying lottery transactions; to any operator authorized and licensed to provide services relating to bets or wagers by a State or Indian tribe in compliance with the law of that State or Indian tribe, as applicable, and which solely provides services to participants wholly within the boundaries of such State or the Indian lands of such Indian tribe; or to any person engaged outside the United States in which bets or wagers are initiated, received, or otherwise made solely by individuals located outside the United States. (b) Criminal penalties Any person who violates this section shall be fined under title 18, United States Code, imprisoned for not more than 10 years, or both. 104. Office of Internet Gambling Oversight (a) Establishment (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish within the Department of the Treasury an office to exercise the functions of the Secretary under this title. (2) Designation The office established under paragraph (1) shall be known as the Office of Internet Gambling Oversight (in this section referred to as the Office ). (b) Executive director (1) In general The Secretary shall appoint as the head of the Office an executive director. (2) Experience and expertise The executive director of the Office shall be appointed by the Secretary from among individuals who demonstrate the following: (A) Skill and experience in gaming regulation and enforcement. (B) Experience in criminal investigations and law enforcement generally. (C) A reputation for good character, honesty, and integrity. (3) Background investigation Before appointing an individual as executive director under paragraph (1), the Secretary shall conduct a background investigation into the financial stability, integrity, and responsibility of the individual. (4) Limitations The Secretary may not appoint under paragraph (1) an individual who— (A) has been convicted of a felony; or (B) maintains any ownership or equity interest or any ongoing business relationship with— (i) an operator of a casino gaming facility, Internet gambling facility, race track, lottery, or other regulated gambling entity; or (ii) A significant vendor. (c) Delegation of authority (1) In general The Secretary may delegate to the executive director of the Office any authority, duty, or responsibility conferred upon the Secretary by this title. (2) Regulatory authority of executive director The executive director of the office may prescribe such regulations and take such actions as may be necessary to carry out such authorities, duties, or responsibilities delegated to the executive director by the Secretary paragraph (1). (d) Regulations and standards (1) Regulations and standards necessary to function as qualified body With respect to the application of this title to the functions of the Office as a qualified body under section 105(a)(2), the Secretary shall, not later than 270 days after the date of the enactment of this Act, prescribe regulations and standards to implement the requirements set out in subsections (d) and (g) of section 106 and section 107. (2) Manner of prescription Regulations prescribed under paragraph (1) shall be prescribed in accordance with section 553 of title 5, United States Code. (e) Publication of information to facilitate submittal of applications for initial designation as qualified bodies Not later than 150 days after the date of the enactment of this Act, the Secretary shall publish in the Federal Register such information as may be necessary for an applicant to submit a complete application under section 105(a)(1)(B). (f) Detail of government employees Any Federal Government employee may be detailed to the office without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. 105. Qualified bodies (a) Designation of qualified bodies (1) Initial designation of qualified bodies (A) Designation (i) In general Not later than 270 days after the date of the enactment of this Act, the Secretary shall designate as qualified bodies all State agencies, and regulatory bodies of Indian tribes, that submit applications under subparagraph (B) and satisfy the criteria set forth under subparagraph (C). (ii) Subsequent designations After the initial designations— (I) the Secretary may at any time designate additional State agencies or regulatory bodies of Indian tribes as qualified bodies as deemed appropriate to carry out the goals of this Act, so long as they meet the criteria set forth under subparagraph (C); and (II) notify each such agency or regulatory body of the determinations and designations made under subclause (I). (B) Application Each State agency or regulatory body of an Indian tribe seeking to be designated as a qualified body under subparagraph (A) shall submit to the Secretary an application therefor in such form and containing such information as the Secretary may require, which shall be submitted not later than 180 days after the date of the enactment of this Act for any such agency or body that seeks to be among those designated under subparagraph (A)(i). (C) Standards for qualified bodies The Secretary shall prescribe strict threshold requirements for the designation of agencies or regulatory bodies as qualified bodies under this paragraph, including standards relating to the following: (i) The size and qualification of staff of the qualified body to ensure the qualified body employs sufficient number of enforcement agents with experience in gaming regulatory enforcement areas to discharge its intended functions and has the sophistication and resources necessary to evaluate issues unique to the Internet environment. (ii) The length of time the qualified body has regulated other forms of gaming or e-commerce to ensure designations of only those regulatory bodies that have a history of demonstrated regulatory enforcement and oversight commensurate with the responsibilities imposed under this title. (iii) The qualified body’s experience and willingness to work with Federal authorities, including the Financial Crimes Enforcement Network. (iv) The capacity and experience of the qualified body in conducting rigorous suitability reviews under section 106. (v) The adequacy of enforcement and regulatory authorities for the qualified body under the law of the applicable State or Indian tribe, including, at a minimum, requirements and authorities on the following: (I) To investigate the suitability of each person required to be found suitable in connection with an application or license under this title. (II) To require licensees to maintain appropriate procedures to ensure the compliance of licensees with the provisions of this title and the regulations prescribed thereunder. (III) To examine any licensee and any books, papers, records, or other data of licensees and significant vendors relevant to any recordkeeping or reporting requirements imposed by the agency or regulatory body under this title. (IV) To summon a licensee, an applicant, a significant vendor, an officer or employee of a licensee, applicant, or significant vendor (including a former officer or employee), or any person having possession, custody, or care of the reports and records required by the agency or regulatory body as a qualified body under this title to appear before the agency or regulatory body at such time and place named in the summons, to produce such books, papers, records, or other data, and to give such testimony, under oath, as may be relevant or material to any investigation in connection with the enforcement o this title or any application for a license under this title. (V) To enforce or direct enforcement of a summons in State or tribal court, as the case may be. (VI) To investigate any violation of a provision of this title, any applicable regulation prescribed under this title, and any other violation of applicable State or tribal law relating to the operation of an Internet gambling facility. (VII) To conduct continuing reviews of applicants, licensees, and significant vendors and the operation of Internet gambling facilities by use of technological means, on-site observation of facilities, including servers, or other reasonable means to assure compliance with the provisions of this title and any applicable regulation prescribed thereunder. (VIII) To impose civil penalties for violations of this title and any applicable regulation prescribed thereunder or applicable order issued thereunder, including State or tribal law described under this subsection. (IX) To ensure that the hardware, software, and communications equipment, randomness, configuration, and network security of the Internet gambling facility are tested by an independent testing laboratory. (X) To resolve disputes between licensees and the individuals participating in Internet gambling via the Internet gambling facilities of the licensees. (vi) Such other standards as the Secretary considers relevant to the ability of an agency or regulatory body to serve as an effective qualified body. (2) Designation of office of internet gambling oversight (A) In general Not later than 270 days after the date of the enactment of this Act, the Secretary shall designate the Office of Internet Gambling Oversight established under section 104(a) as a qualified body that may issue licenses to Internet gambling facility applicants and regulate the operation of Internet gambling facilities by any applicant who seeks to operate a licensed Internet gambling facility in the United States. (B) Construction Subparagraph (A) shall not be construed to require any applicant seeking a license under this title and submitting an application under section 106(c)(1) to submit such application directly to the Office of Internet Gambling Oversight, rather than submitting such application to a State agency or regulatory body of an Indian tribe that has been designated by the Office of Internet Gambling Oversight as a qualified body. (3) Nonqualifying State and tribal regulatory authorities due to limited experience or conflicts (A) In general The Secretary may not approve an application from a State agency or regulatory body of an Indian tribe under paragraph (1) if— (i) the agency or regulatory body is located in a State or Indian lands that— (I) has not opted in under section 108 and has not demonstrated an intent to opt in under such section; or (II) has not opted in under such section and has demonstrated an intent to opt in under such section but has failed to opt in under such section during the 1-year period beginning on the date of the agency’s or regulatory body’s application; or (ii) the members of the agency or regulatory body are selected or controlled, directly or indirectly, by a person that has any ownership interest in an applicant, licensee, or significant vendor under this title or an Internet gambling facility, unless— (I) such applicant or licensee is licensed by the Secretary; or (II) such significant vendor is certified as suitable by the Secretary (and remains so certified at all times while providing services as a significant vendor to any licensee under this title). (B) Non-controlling investment A non-controlling investment of a State, Indian tribe, or local government pension, retirement, annuity, or endowment fund shall not be considered an ownership interest for purposes of subparagraph (A)(ii). (4) Withdrawal of designation (A) In general Beginning on the date that is 1 year after the date on which the Secretary prescribes final regulations under this title, the Secretary may, after providing at least 60 days notice to a qualified body of the Secretary’s intent to do so, withdraw the designation of a qualified body under this section if the Secretary determines that— (i) the qualified body is not in compliance with the requirements of this title or regulations prescribed thereunder; or (ii) the qualified body is not in compliance with the conditions under which the qualified body was designated. (B) Opportunity to comply (i) In general The Secretary may provide a qualified body who receives notice under subparagraph (A) with an opportunity to come into compliance as specified in that notice for a period of not more than 90 days. (ii) Extension The Secretary may extend the period in clause (i) by not more than 180 additional days if the qualified body has made substantial progress toward compliance as of the expiration of the first 90 day period. (C) Effect of notice The Secretary may prohibit a qualified body that receives notice under subparagraph (A) from issuing new licenses under this title until the Secretary determines that the qualified body is in compliance with the requirements of this title and regulations prescribed thereunder. (D) Right to appeal A State agency or regulatory body of an Indian tribe that has had its designation as a qualified body withdrawn under subparagraph (A) or (B) may seek judicial review of such withdrawal under chapter 7 of title 5, United States Code. (5) Action upon withdrawal of designation (A) In general Not later than 30 days after the date on which the Secretary withdraws a designation of a State agency or regulatory body of an Indian tribe under paragraph (5), each person with a license issued by the agency or regulatory body shall— (i) (I) cease offering, accepting, and providing services with respect to bets or wagers from persons located in the United States under such license; and (II) return all customer deposits of United States customers, or place those sums the return of which to United States customers is not feasible due to change in customer address, bank details, or similar difficulty in escrow in an account with a financial institution in the United States for safekeeping and orderly disposition by the Secretary; or (ii) apply for a new license from a different qualified body. (B) Interim operation If a person applies for a new license under clause (ii) of subparagraph (A), the person may continue the activities described in clause (i)(I) of such subparagraph until final action is taken on the license application by the qualified body. (C) Interim regulatory oversight (i) In general Until final action is taken under subparagraph (B) with respect to a person, the Secretary shall have enforcement and regulatory authority over the licensed activities of such person. (ii) Delegation The Secretary may delegate enforcement and regulatory authority under clause (i) to such qualified body as the Secretary considers appropriate, with the consent of the qualified body. (b) Oversight of qualified bodies The Secretary may investigate and take such action as the Secretary considers appropriate with respect to any qualified body that appears, based upon the Secretary’s own inquiry or based upon credible information provided by other qualified bodies, applicants, licensees, or law enforcement officials, to be deficient or substantially less rigorous than other qualified bodies in the discharge of its responsibilities under this title. 106. Establishment of licensing program for internet gambling (a) Treasury responsibilities and powers The Secretary shall have responsibility and authority for the following activities: (1) Reviewing and qualifying applicants to become Internet gambling facilities under section 105(a)(2). (2) Reviewing and qualifying agencies and regulatory bodies under section 105(a)(2). (3) Exercising oversight over qualified bodies to ensure that qualified bodies— (A) comply with the requirements of this title; and (B) carry out their regulatory and enforcement functions under this title with appropriate diligence. (4) Investigating and taking appropriate remedial action with respect to any qualified body under section 105. (5) Prescribing such regulations as may be necessary to administer and enforce the provisions of this title, including issuing regulations establishing rules and procedures for dealing with sums placed in escrow under subsection (l)(7), section 105(a)(6)(A)(i)(II), and section 114(b)(1)(E). (6) Employing enforcement agents with sufficient training and experience to administer the requirements of this title and the regulations prescribed thereunder. (7) Enforcing the requirements of this title by all appropriate means provided under this title and other provisions of law. (b) Internet gambling facility licensing program (1) Authority to issue licenses limited to non-sports related internet gambling A qualified body may issue licenses under this title only for the operation of non-sports related Internet gambling facilities. (2) Authority to operate internet gambling facility under valid license (A) In general Notwithstanding any other provision of law and subject to the provisions of this title, a licensee may accept a bet or wager with respect to Internet gambling from an individual located in the United States and may offer related services so long as the license of the licensee issued under this title remains in good standing. (B) Only one license required Nothing in this title may be construed to require a person to obtain a license from more than one qualified body in order to operate an Internet gambling facility under this title. (C) Significant vendors (i) In general Except as provided in clause (ii), if a person seeks a certificate of suitability from a qualified body to provide services to a licensee or applicant as a significant vendor with respect to an Internet gambling facility, such person shall not be required to obtain a license under this title to provide such services with respect to that Internet gambling facility. (ii) Exception If a qualified body determines that requiring a person described in clause (i) to seek a license is necessary to prevent evasion of any provision of this title, and requiring so would otherwise be consistent with the provisions of this title, such qualified body may require such person to seek a license under this title instead of a certificate of suitability. (3) Operation outside the United States (A) Limitation A licensee or an affiliate of a licensee may not operate an Internet gambling facility that accepts a bet or wager from an individual located outside of the United States unless the transaction is lawful under this Act and is not unlawful in the jurisdiction in which the individual is located. (B) Construction Nothing in this title shall be construed to authorize a licensee or a foreign affiliate thereof to accept a bet or wager from an individual located in any jurisdiction outside the United States that prohibits the licensee or a foreign affiliate from accepting such bet or wager. (c) Application for license (1) Application A person seeking to operate an Internet gambling facility under this title shall submit to the Office of Internet Gambling Oversight or any other qualified body an application for a license therefor at such time, in such form, and in such manner as the qualified body receiving the application considers appropriate. (2) Elements Each application submitted under paragraph (1) shall include such information as the qualified body receiving the application considers appropriate, including at a minimum the following: (A) Complete financial information about the applicant. (B) Documentation showing the organization of the applicant and all related businesses and affiliates. (C) The criminal and financial history of— (i) the applicant; (ii) each of the senior executives and directors of the applicant; (iii) any other person who is in control of the applicant; and (iv) such other persons as the qualified body considers appropriate. (D) Such other information as may be necessary for the suitability analysis required under subsection (d). (E) Disclosure of all other applications for licenses previously or simultaneously submitted under paragraph (1) to other qualified bodies and whether those applications are pending, were granted, or were denied. (F) A detailed description of the applicant’s plan for complying with all applicable requirements and regulations prescribed pursuant to this title, with particular emphasis on the applicant’s ability to comply with the regulations prescribed under subsection (g). (G) A certification by the applicant that the applicant consents to personal jurisdiction over the applicant by Federal courts and in the courts of the State or Indian tribe of the qualified body to which the applicant has applied with respect to a civil action relating to the operation of an Internet gambling facility. (3) Reports (A) In general Each qualified body shall report all applicants for licensure and the dispositions of their applications to the Secretary promptly upon disposition of each application or in such intervals as the Secretary may prescribe. (B) Contents Each report under subparagraph (A) shall include such information or documentation as the Secretary may require. (d) Standards for license issuance; suitability qualifications and disqualification standards (1) Suitability for licensing (A) In general No applicant shall be eligible to obtain a license under this title unless a qualified body, with whom the applicant has filed an application for a license, has determined, upon completion of a background check and investigation, that the applicant, any person considered to be in control of the applicant, all significant vendors of the applicant, and any other person determined by the qualified body as having significant influence on the applicant are suitable for licensing. (B) Application as request for determination of suitability An application for a license submitted to a qualified body under this title constitutes a request for a determination of the general character, integrity, and ability to participate or engage in or be associated with an Internet gambling facility, as appropriate, of the applicant, any person considered to be in control of the applicant, all significant vendors of the applicant, and all other persons determined by the qualified body as having significant influence on the applicant. (C) Associates (i) In general If an entity undergoing a determination of suitability under this paragraph is a corporation, partnership, or other business entity, a background check and investigation shall be carried out by the applicable qualified body with respect to the president or other chief executive of the corporation, partnership, or business entity and such other partners or senior executives and directors or shareholders of the corporation, partnership, or entity as the qualified body considers appropriate. (ii) Minimum determination In carrying out clause (i), the qualified body shall, at a minimum, carry out a suitability review of the 5 individuals receiving the most compensation (whether in the form of salary, bonus, dividends, distributions, disbursement of profits, or otherwise) from the entity, any person that controls the entity, and such other individuals or entities as the qualified body considers appropriate. (D) Parity of investigation and analysis (i) Diligence with respect to significant vendors and affiliates Each investigation and analysis of the suitability of a person with respect to an application for a license under this title, other than the applicant for such license, shall be carried out with the same degree of diligence as the investigation and analysis of the suitability of the applicant. (ii) Stringency with respect to casino gaming facilities Each qualified body that also issues licenses to casino gaming facilities shall ensure that each investigation and analysis of the suitability of a person carried out by the qualified body under this subsection is no less stringent than a suitability review carried out by the qualified body for the licensing of casino gaming facilities. (2) Suitability standards For purposes of this title, an applicant and any other person subject to a determination of suitability under paragraph (1) may only be considered suitable under this title if the applicant or person demonstrates to the applicable qualified body by clear and convincing evidence that the applicant or person— (A) is a person of good character, honesty, and integrity; (B) is a person whose prior activities, criminal record, if any, reputation, habits, and associations do not— (i) pose a threat to the public interest or to the effective regulation and control of Internet gambling facilities; or (ii) create or enhance the dangers of unsuitable, unfair, or illegal practices, methods, and activities in the conduct of Internet gambling facilities or the carrying on of the business and financial arrangements incidental to such facilities; (C) is capable of and likely to conduct the activities for which the applicant is licensed or receives a certificate of suitability in accordance with the provisions of this title, any regulations prescribed under this title, and all other applicable laws; (D) in the case of an applicant, has or guarantees acquisition of adequate business competence and experience in the operation of casino gaming facilities, Internet gambling facilities, or Internet gambling facilities; (E) in the case of an applicant, has or will obtain sufficient financing for the nature of the proposed operation and from a suitable source; and (F) has disclosed to the qualified body all known affiliations or relationships, whether direct or indirect, with persons and assets of persons described by section 114(b)(2). (3) Unsuitable An applicant or any other person may not be determined to be suitable under this subsection if the applicant or such person— (A) has failed to provide information and documentation material to a determination of suitability for licensing under paragraph (1); (B) has supplied information which is untrue or misleading as to a material fact pertaining to any such determination; (C) has been convicted of an offense that is punishable by imprisonment of more than 1 year; (D) is delinquent in the payment of any applicable Federal or State tax, tax penalty, addition to tax, or interest owed to a jurisdiction in which the applicant or person operates or does business, unless such payment has been extended or is the subject of a pending judicial or administrative dispute; (E) has not certified in writing, pursuant to subsection (c)(2)(G), that the person submits to personal jurisdiction in the United States; (F) knowingly accepts or knowingly has accepted bets or wagers on sporting events from persons located in the United States in violation of a provision of Federal or State law; (G) has affiliated with any person that knowingly accepts or knowingly has accepted bets or wagers on sporting events from persons located in the United States in violation of a provision of Federal or State law; or (H) fails to comply with such other standard as the applicable qualified body considers appropriate. (4) Ongoing requirement A licensee (and any other person who is required to be determined to be suitable for licensing in connection with such licensee) shall meet the standards necessary to be suitable for licensing or to receive a certificate of suitability, as the case may be, throughout the term of the license. (5) Certificate of suitability for significant vendors (A) In general If a qualifying body determines under paragraph (1) that a significant vendor of an applicant is suitable under such paragraph, the qualifying body shall issue a certificate to such vendor that certifies the suitability of such vendor. (B) Revocation of certificate A qualified body that issues a certificate to a significant vendor under subparagraph (A) shall revoke the certificate if at any time the significant vendor no longer meets the standards necessary for a determination of suitability. (C) Reliance on certificate A qualified body may, but need not, rely upon a certificate issued under subparagraph (A) to a significant vendor with respect to one application in the review of the same significant vendor in other license applications. (D) Certificates issued by other qualified bodies A qualified body may, but need not, accept a certificate issued to a significant vendor by another qualified body as evidence of the suitability of the significant vendor. (6) Other vendors (A) Notice A licensee shall promptly notify the qualified body that issued the license to the licensee of all persons that are not significant vendors that— (i) direct, provide, or solicit customers to or for the licensee’s Internet gambling facility, or materially assist in any of those tasks, in return for a commission or other fee; (ii) hold themselves out to the public as offering bets or wagers on the licensee’s behalf; (iii) offer bets or wagers under their own names or brands but using and relying on the licensee’s Internet gambling facilities; (iv) license trademarks, trade names, service marks, or other similar intellectual property to the licensee; or (v) own a substantial interest in or control a person described in clause (i), (ii), (iii), or (iv). (B) Suitability of other vendors and persons A qualified body that reviews an application of an applicant for a license or issues a license to a licensee may, at the sole discretion of the qualified body and on a case-by-case basis, require as a condition of such license that a person meet suitability requirements under paragraph (1) if the person— (i) is described in subparagraph (A) with respect to the applicant or licensee; (ii) provides services to an applicant or licensee and the qualified body determines that, with respect to such services, there is a substantial risk of circumvention of the suitability requirements applicable to significant vendors; or (iii) is associated with the applicant or licensee or one of the significant vendors of the applicant or licensee and the qualified body determines such person may pose a threat to the integrity of Internet gambling facilities operated by the applicant or licensee. (C) Information A qualified body may require such information from an applicant, licensee, significant vendor or other person identified in this paragraph as the qualified body considers necessary to carry out this paragraph. (7) Enforcement actions (A) In general If the Secretary or the qualified body that issued a license to a licensee finds that the licensee, or any other person that is subject to a required determination of suitability in connection with such licensee, ceases to meet the suitability requirements of this subsection at any time during the tenure of the license, the Secretary or the qualified body may take action to protect the public interest, including, if the Secretary or qualified body considers necessary, the suspension or termination of the license. (B) Imposition of conditions including removal of parties Notwithstanding a determination under subparagraph (A), the Secretary or the qualified body that issued a license to a licensee may allow the licensee to continue engaging in licensed activities by imposing conditions on the person to which subparagraph (A) is applicable under penalty of revocation or suspension of a license or certificate of suitability, including— (i) the identification of any person determined to be unsuitable; and (ii) the establishment of appropriate safeguards to ensure such person is excluded from any management or involvement in operation of the licensed activities. (C) Special rule for enforcement of prohibition on unlawful sports wagering If the Secretary or a qualified body finds that a licensee is no longer suitable under this subsection because such licensee has accepted bets or wagers as described in paragraph (3)(F) or has affiliated as described in paragraph (3)(G), the Secretary or the qualified body, as the case may be, shall revoke the license of such licensee in addition to the imposition of such other penalties as the Secretary or qualified body considers appropriate under this title. (8) Administrative provisions (A) Background check and investigation Each qualified body shall establish standards and procedures for conducting background checks and investigations for purposes of this subsection. (B) Non-admissibility of statements for purposes of defamation actions Any written or oral statement made in the course of an official proceeding of the Secretary or a qualified body, by any member thereof, or any witness testifying under oath which is relevant to the purpose of the proceeding and relates to the review of an application for a license under this title shall not be admissible in any Federal or State court in a civil action to prove defamation. (C) Preservation of privilege recognized under other provisions of law Any privilege recognized under any other provision of Federal, State, or tribal law, including attorney-client, physician-patient, and accountant-client privileges, shall not be waived or lost because a document or communication otherwise protected by the privilege is disclosed to the Secretary or a qualified body under this title. (D) Confidentiality (i) Except as set forth in provision (ii) of this subsection, any communication or document, except information that is already public, shall be treated as confidential and may not be disclosed, in whole or part, by the Secretary or a qualified body without a lawful court order or as otherwise required by law, if the communication or document is— (I) required by the Secretary or qualified body to be disclosed by the applicant, licensee, or significant vendor, including applications, financial or earnings information, and criminal records, whether of the applicant or licensee or of any affiliate, employee, officer, director or significant vendor thereof, or of any other third-party; (II) prepared or obtained by an agent or employee of the Secretary or qualified body that contains information described in clause (i); or (III) submitted by the applicant, licensee, or significant vendor in connection with a pending application or existing license. (ii) Nothing in this subsection shall limit the disclosure of information provided by an applicant, licensee, or significant vendor to the Secretary or qualified body to any official of the United States, or to any State regulatory or enforcement agency, requesting such information for any authorized purpose under Federal or State law, including but not limited to the administration or enforcement of Federal or State laws concerning internet gambling, U.S. tax laws, consumer protection, data protection, financial regulation, or for the purposes of any civil or criminal investigation. (e) Assessments for administrative expenses (1) User fees (A) In general The cost of administering this title with respect to each applicant, licensee, and significant vendor, including the cost of any review or examination of a licensee or its significant vendors to ensure compliance with the terms of the license and this title, shall be assessed by the qualified body receiving an application or issuing a license against the applicant, licensee, or significant vendor, as the case may be, by written notice in an amount that the qualified body determines is necessary to meet the qualified body’s expenses in carrying out such administration, review, or examination. (B) Expenses for review or examination Expenses that are attributable to review or examination of a particular applicant, licensee, or significant vendor shall be assessed under subparagraph (A) against that applicant, licensee, or significant vendor. (C) Expenses for general administration Expenses for general administration shall be assessed against all licensees equally. (D) User fees established by secretary (i) In general The Secretary may establish user fees to be paid by applicants, licensees, and significant vendors in amounts the Secretary determines necessary to meet the Secretary’s cost of administering this title. (ii) Collection by qualified bodies Qualified bodies shall collect user fees established under clause (i) from applicants, licensees, and significant vendors and turn them over promptly to the Secretary. (iii) Disposition of user fees Amounts assessed by the Secretary as user fees under clause (i) shall— (I) be available to the Secretary to cover expenses incurred by the Secretary in carrying out the provisions of this title; and (II) not be construed to be Government funds or appropriated monies, or subject to apportionment for the purposes of any other provision of law. (E) Disposition of user fees Except as provided in subparagraph (D), amounts assessed by a qualified body as user fees under this paragraph shall— (i) be available to the qualified body to cover expenses incurred by the qualified body in carrying out the provisions of this title; and (ii) except in the case of the Office of Internet Gambling Oversight established under section 104, not be construed to be Government funds or appropriated monies, or subject to apportionment for the purposes of any other provision of law. (F) Collection If a licensee or significant vendor fails to pay a user fee to a qualified body under this paragraph after the assessment of the fee has become final— (i) the qualified body may recover the amount assessed by action in a court of the State or Indian tribe of the qualified body or in the United States district court in the State in which such qualified body is located, along with any costs of collection and attorney fees; and (ii) such failure may be grounds for denial of an application for a license under this title or revocation of a license or certificate of suitability under this title. (G) Payment of significant vendor user fees by applicants and licensees A user fee assessed against a significant vendor may be paid by an applicant or licensee on behalf of the significant vendor. (2) Direct and exclusive obligation of licensee With respect to a licensee, a user fee shall be the direct and exclusive obligation of the licensee and may not be deducted from amounts available as deposits to any person placing a bet or wager with the licensee. (f) Approval of license (1) In general Except as provided in paragraph (2), a qualified body may issue to an applicant a license under this title for the operation of an Internet gambling facility if the applicant meets the criteria established by the qualified body under this title. (2) Authority of secretary to revoke licenses (A) In general Notwithstanding any license or certificate of suitability issued by a qualified body, the Secretary may suspend or revoke such license or certificate if the Secretary has reason to believe that the recipient does not meet the suitability requirements established under subsection (d) or, as applicable, any other requirement imposed on a licensee under this title. (B) No authority to overturn denials and terminations The Secretary may not overturn a decision by a qualified body (other than the Office of Internet Gambling Oversight) to deny or to terminate a license or to deny or revoke a certificate of suitability. (3) Conflicts between qualified bodies If a qualified body denies a license, terminates a license, denies a certificate of suitability, or revokes a certificate of suitability to a person and within 1 year of such denial, termination, or revocation another qualified body grants such person a license or certificate of suitability, the Secretary shall— (A) commence a review of such license or certificate of suitability; and (B) not later than 90 days after such commencement, determine whether to act under paragraph (2). (4) Control defined In this subsection, the term control , with respect to a person, means the possession, directly or indirectly, of the power to direct or influence the direction of the management or policies of the person, whether through the ownership of voting securities, through a management, executive officer, or board position, by shareholders or similar agreement, or otherwise. (g) Safeguards required of licensee (1) In general No qualified body shall issue a license under this title unless the qualified body— (A) prescribes regulations that prohibit a person from receiving or retaining a license under this title unless the person maintains or requires mechanisms so that the requirements described in paragraph (2) are met with respect to the operation of an Internet gambling facility; and (B) reviews the applicant’s ability to comply with the requirements of this subsection, including by testing the applicant’s systems and software, or by mandating such testing by an independent, qualified entity. (2) Safeguards The requirements described in this paragraph are as follows: (A) Prohibition on underage gaming Appropriate safeguards to ensure, to a reasonable degree of certainty, that the individual placing a bet or wager is not younger than 21 years of age, at the time of registration and all log ons. (B) Prohibited locations Appropriate safeguards to ensure, to a reasonable degree of certainty, that the individual placing a bet or wager is physically located in a jurisdiction that has opted in under section 108 at the time the bet or wager is placed, at the time of registration and all log ons. (C) Collection or reporting of customer taxes Appropriate mechanisms to ensure, to a reasonable degree of certainty, that all taxes relating to Internet gambling from persons engaged in bets or wagers relating to such Internet gambling are collected or reported, as required by law, at the time of any payment of proceeds of such bets or wagers. (D) Collection or reporting of taxes of licensee Appropriate mechanisms to ensure that all taxes relating to the operation of an Internet gambling facility from any licensee are collected as required by law and that adequate records to enable later audit or verification are maintained. (E) Reporting of fees of licensee Appropriate mechanisms to ensure that adequate records are maintained to enable later audit or verification that the licensee has paid all fees required under this title. (F) Safeguards against financial crime Appropriate safeguards to prevent, to a reasonable degree of certainty, fraud, money laundering, tax evasion, and terrorist financing. (G) Safeguards against compulsive play Appropriate safeguards to ensure, to a reasonable degree of certainty, compliance with the requirements of section 107(b). (H) Privacy safeguards Appropriate safeguards to protect, to a reasonable degree of certainty, the privacy and Internet security of any person engaged in bets or wagers with the licensee’s Internet gambling facility. (I) Payment of assessments Appropriate mechanisms to ensure that any user fee required under subsection (e) is paid to the qualified body. (J) Honest games Appropriate safeguards to ensure, to a reasonable degree of certainty, that Internet gambling games are fair and honest, and to prevent, to a reasonable degree of certainty, cheating, including collusion, and use of cheating devices, including use of software programs (sometimes referred to as bots ) that make bets or wagers according to algorithms. (K) Segregation of player funds Appropriate safeguards to ensure player funds are held in accounts segregated from the funds of licensees and are otherwise protected from corporate insolvency, financial risk, or criminal or civil actions against the licensee. (L) Other requirements Such other mechanisms and safeguards as the qualified body may establish by regulation. (h) Location of remote gaming equipment (1) Within the United States A licensee shall maintain its remote gaming equipment within the territory of the United States throughout the term of its license. (2) Within territory of qualified body A qualified body may require a licensee of the qualified body to locate the remote gaming equipment of the licensee within the territory of the State or Indian tribe of the qualified body if the qualified body determines that such requirement will advance the regulatory interests of this title. (i) License is a privilege not a right (1) In general A decision by a qualified body not to grant a person a license or certificate of suitability, or to terminate a license or revoke a certificate of suitability, is not reviewable under the law of any jurisdiction other than the jurisdiction of the qualified body. (2) Appeal With respect to a decision described in paragraph (1) of a qualified body, the State or Indian tribe of the jurisdiction of the qualified body may, but need not, provide an opportunity to appeal such decision. (j) Term, renewal, and transfer of license (1) Term Any license issued under this title shall be issued for a 5-year term beginning on the date of issuance. (2) Renewal A license may be renewed in accordance with requirements prescribed by the qualified body that issued the license under this title. (3) Transfer A transfer of a license, change of control of a licensee, or change in significant vendor shall require prior approval by the qualified body that issued the license. The qualified body shall at a minimum ensure the suitability requirements of subsection (d) continue to be satisfied before approving any such transfer or change. (k) Administrative provisions (1) Determination of internet gambling (A) Initial determination by qualified body A determination whether a game, hand, tournament, or other contest of a licensee is authorized Internet gambling under this Act, and not prohibited sports-related Internet gambling, shall be made in the first instance by the qualified body that issued the license to such licensee under this title. (B) Challenges (i) In general A licensee or qualified body may challenge whether a game, hand, tournament, or other contest of another licensee is sports-related Internet gambling. (ii) Challenge made with secretary A challenge made under clause (i) shall be made with the Secretary. (iii) Determination made by secretary within 30 days If a challenge is made under clause (i), the Secretary shall make a determination whether the game, hand, tournament, or other contest is sports-related Internet gambling not later than 30 days after the date on which the challenge is made. (iv) Operation until determination A licensee that offers a game, hand, tournament, or other contest that is challenged under clause (i) may continue to offer such game, hand, tournament, or other contest until the Secretary makes a determination under clause (iii). (C) Appeals (i) In general Not later than 30 days after the date on which the Secretary makes a determination under subparagraph (B)(iii), a licensee or a qualified body may appeal such determination under chapter 7 of title 5, United States Code. (ii) Operation pending appeal During the period in which a game, hand, tournament, or other contest is being challenged through an appeal under clause (i), the United States District Court for the District of Columbia may allow a licensee to continue offering the game, hand, tournament, or other contest in full compliance with the terms of its existing license and any other conditions the court considers necessary, if the court determines that— (I) the licensee has a reasonable likelihood of success on the merits; and (II) allowing the licensee to continue offering the challenged game, hand, tournament, or other contest while the appeal is pending will not threaten the public interest. (2) Challenges under State law Except as provided in paragraph (1) and unless otherwise specifically provided in this title, actions taken by a qualified body other than the Office of Internet Gambling Oversight may be challenged by applicants and licensees only as permitted under the law of the State or Indian tribe in which the qualified body is located. (3) Summons (A) In general The Secretary may issue a summons with respect to an applicant or licensee necessary to carry out the provisions of this title. (B) Production at designated site A summons issued by the Secretary pursuant to this paragraph may require that books, papers, records, or other data stored or maintained at any place be produced at any— (i) business location of a licensee or applicant for a license; (ii) designated location in the State or Indian lands of the applicable qualified body; or (iii) designated location in the District of Columbia. (C) No liability for expenses The Secretary shall not be liable for any expense incurred in connection with the production of books, papers, records, or other data under this paragraph. (D) Service of summons Service of a summons issued under this subsection may be by registered mail or in such other manner calculated to give actual notice as determined by the Secretary. (E) Authorization to invoke aid of courts The Secretary may invoke the aid of any court of the United States to compel compliance with the summons within the jurisdiction of which— (i) the investigation which gave rise to the summons or the examination is being or has been carried on; (ii) the person summoned is an inhabitant; or (iii) the person summoned carries on business or may be found. (F) Power of courts to compel appearance The court may issue an order requiring the person summoned to appear before the Secretary— (i) to produce books, papers, records, and other data; (ii) to give testimony as may be necessary to explain how such material was compiled and maintained; (iii) to allow the Secretary to examine the business of a licensee; and (iv) to pay the costs of the proceeding. (G) Contumacy or refusal Any failure to obey the order of the court under this paragraph may be punished by the court as a contempt thereof. All process in any case under this subsection may be served in any judicial district in which such person may be found. (l) Disciplinary action (1) In general A licensee may be subject to disciplinary action, including the imposition of civil penalties or suspension or revocation of its license, by a qualified body that issued a license to the licensee or by the Secretary if the licensee fails to comply with any provision of this title, any regulation prescribed thereunder, or any other applicable provision of State or tribal law. (2) Initiating agency Only the Secretary or the qualified body which granted the license to a licensee may initiate disciplinary action under this title against the licensee. (3) Savings provision Nothing in this subsection shall be construed to limit or alter the application of any law other than this title to a licensee or affiliated person, or to effect the enforcement of such law by the appropriate law enforcement administrative, or regulatory entity. (4) Disciplinary procedures (A) In general A qualified body shall commence disciplinary action under this subsection against a licensee upon service of a formal written complaint upon the licensee, with a copy forwarded to the Secretary, that sets forth the grounds for the disciplinary action and the proposed penalty that is being sought, which may include any or all of the imposition of a fine as provided pursuant to subsection (m)(1) or limitation, condition, suspension or revocation of the license. (B) In accordance with law of jurisdiction of qualified body The process for disciplinary action under this subsection shall proceed according to the law of the jurisdiction of the applicable qualified body. (5) Finality of action and appeals (A) Finality Any disciplinary action under this subsection shall be treated as a final action. (B) Action by qualified bodies A licensee aggrieved by disciplinary action under this subsection by a qualified body may file an appeal in the jurisdiction where the qualified body taking such action is located only to the extent permitted by the law of such jurisdiction, or in Federal court as authorized by Federal law. (6) Pending appeal During the period in which a suspension or revocation of an existing license is being challenged through a pending judicial proceeding, the court handling the challenge may allow the licensee to continue offering bets and wagers in full compliance with the terms of its existing license and any other conditions the court considers necessary, if the court determines that— (A) the appellant has a reasonable likelihood of success on the merits; and (B) allowing the appellant to continue offering bets and wagers while the appeal is pending will not threaten the public interest. (7) Return of customer funds If a licensee’s license is revoked and no appeal pursuant to paragraph (5) is pending, the licensee shall— (A) to the degree feasible, return all customer funds to United States customers in an orderly manner not later than 30 days after the date of the revocation of the license; and (B) place in escrow those sums return of which to United States customers is not feasible due to change in customer address, bank details, or similar difficulty in an account with a financial institution in the United States for safekeeping and orderly disposition by the Secretary. (8) Referral to attorney general If, in the course of carrying out the provisions of this title, the Secretary or a qualified body finds a substantial basis to believe that a person has violated section 103(a), the Secretary or qualified body shall refer such matter to the Attorney General. (m) Civil monetary penalties (1) In general (A) Penalties assessed by qualified bodies A qualified body may assess upon any licensee or other person subject to the requirements of this title for each violation of this title or any regulation prescribed or order issued under this title, a civil penalty of not more than the greater of— (i) the amount involved in the violation, if any; (ii) $250,000 for an individual and $750,000 for a corporation; or (iii) such other amount as provided under the applicable State or tribal law of the qualified body. (B) Penalties assessed by secretary The Secretary may assess upon any licensee or other person subject to the requirements of this title for each violation of this title or any regulation prescribed or order issued under this title, a civil penalty of not more than the greater of— (i) the amount involved in the violation, if any; or (ii) $250,000 for an individual and $750,000 for a corporation. (C) Not cumulative (i) In general The penalties authorized under subparagraphs (A) and (B) shall not be cumulative and only one such penalty may be assessed per violation. (ii) Construction Clause (i) shall not be construed to limit the authority of a qualifying body or the Secretary, as the case may be, to pursue a civil penalty for each violation of a related series of violations. (D) Failure to obtain a license Notwithstanding any other provision of law, the Secretary shall assess upon a person that is required to maintain a license under this title, but fails to maintain a license under this title, a civil penalty of not more than the greater of— (i) the amount of bets or wagers taken by the person from players in the United States during the period that a license was needed but not held by the person; or (ii) $1,000,000 per day that the person accepts bets or wagers from players in the United States during the period that a license was needed but not held by the person. (E) Construction Nothing in this paragraph shall be construed to affect the ability of a law enforcement official to seek criminal penalties against a person. (2) Assessment (A) Enforcement by qualified bodies Qualified bodies and such other entities as are authorized by applicable State or tribal law shall enforce the provisions of this title under the law of the applicable State or Indian tribe, and penalties shall be determined, reviewable, collectable, and disposed of as provided under such law. (B) Enforcement by secretary (i) Written notice Any penalty imposed under paragraph (1)(B) shall be assessed and collected by the Secretary by written notice. (ii) Finality of assessment If, with respect to any assessment under paragraph (1)(B), a hearing is not requested pursuant to clause (v) within the period of time allowed under such clause, the assessment shall constitute a final agency order. (iii) Authority to modify or remit penalty The Secretary may compromise, modify, or remit any penalty which the Secretary may assess or has already assessed under paragraph (1)(B). (iv) Mitigating factors In determining the amount of any penalty imposed under paragraph (1)(B), the Secretary shall take into account the appropriateness of the penalty with respect to the following: (I) The size of the financial resources and the good faith of the person against whom the penalty is assessed. (II) The gravity of the violation. (III) The history of previous violations. (IV) Such other matters as justice may require. (v) Hearing The person against whom any penalty is assessed under paragraph (1)(B) shall be afforded a hearing by the Secretary if such person submits to the Secretary a request for such hearing not later than 20 days after the date of the issuance of the notice of assessment. (vi) Collection (I) Referral If any person fails to pay an assessment after any penalty assessed under this subparagraph has become final, the Secretary shall recover the amount assessed by action in the appropriate United States district court. (II) Scope of review In any civil action under subclause (I), the validity and appropriateness of the penalty shall be subject to review for abuse of agency discretion. (vii) Disbursement All penalties collected under authority of paragraph (1)(B) shall be deposited into the Treasury of the United States. (3) Condition for licensure Payment by a licensee of any civil penalty assessed under this subsection that has become final shall be a requirement for the retention of its license. (n) List of licensed internet gambling facilities The Secretary shall establish and maintain a list of all Internet gambling facilities licensed under this section. The Secretary shall update such list regularly and make such list publicly available on an Internet website. 107. Compulsive gaming, responsible gaming, and self-exclusion program requirements (a) Regulations required (1) In general Each qualified body shall, before issuing any licenses under this title, prescribe regulations for the development of a Compulsive Gaming, Responsible Gaming, and Self-Exclusion Program that each licensee of that qualified body shall implement as a condition of licensure. (2) Outreach The regulations required by paragraph (1) shall also provide for the establishment of a program to alert the public to the existence, consequences, and availability of the self-exclusion list established under subsection (c). (b) Minimum requirements Under each program under subsection (a), a licensee shall, under the scope of the license issued the licensee under this title, at a minimum— (1) provide informational materials written in plain language about responsible gaming, including information about the self-exclusion list established under subsection (c) and how a player may request placement on the list, each time a player signs in to make a bet or wager, which materials shall be provided via a prominently displayed hyperlink or comparable mechanism; (2) provide informational materials about responsible gaming to any player that requests such materials; (3) make continuously available individualized responsible gaming options that any customer may choose, including allowing customers to self-limit deposits amounts, frequency of play, and losses, as well as their access to the issuance of credit, check cashing, or direct mail marketing by the licensee, in each case as and to the extent that the qualified body may consider appropriate; (4) ensure to a reasonable degree of certainty that persons on the list of self-excluded persons established pursuant to subsection (c) are prevented from initiating any bets or wagers within the scope of this title; and (5) ensure that the information required under this subsection is clearly and prominently made available by the licensee in each language in which services of the Internet gambling facility of the licensee are offered. (c) List of persons self-Excluded (1) Establishment (A) Lists maintained by qualified bodies (i) In general Each qualified body shall establish and maintain a list of persons self-excluded from playing Internet gambling through Internet gambling facilities licensed by the qualified body. (ii) Submittal to secretary At the end of each day, each qualified body shall submit to the Secretary a current copy of the list established and maintained by the qualified body under clause (i). (B) Master list maintained by secretary (i) In general The Secretary shall establish and maintain a master list of all persons self-excluded from playing Internet gambling through Internet gambling facilities licensed under this title. Such list shall consist of all persons submitted under subparagraph (A)(ii). (ii) Availability The Secretary shall make the master list established and maintained under clause (i) available to all qualified bodies and licensees on an ongoing basis and licensees shall ensure to a reasonable degree of certainty that persons on the master list of self-excluded persons are prevented from initiating any bets or wagers within the scope of this title. (iii) Sharing of information (I) Notwithstanding any other provision of law, qualified bodies and licensees may share information relating to persons on the master list among one another and with other regulators, whether Federal, State, tribal, local, or foreign, for the purpose of facilitating the prevention of self-excluded persons from initiating any bets or wagers within the scope of this title. (II) The Secretary shall establish appropriate safeguards for the purpose of protecting the confidentiality of any personal information shared pursuant to this clause, to prevent the disclosure of such information to unauthorized persons or for any purpose other than facilitating the prevention of self-excluded persons from initiating any bets or wagers within the scope of this title. (C) Placement request Any person may request placement on the list of self- excluded persons by— (i) acknowledging in a manner to be established by each qualified body with respect to its licensees that the person wishes to be denied gaming privileges within the scope of this title; and (ii) agreeing that, during any period of voluntary exclusion, the person may not participate in Internet gambling or collect any winnings or recover any losses resulting from any gaming activity at any Internet gambling facility of a licensee. (2) Limitation on liability (A) In general Except as provided in subparagraph (B), the United States, the Secretary, a qualified body, the State or Indian tribe in which that qualified body is located, an enforcement agent, licensee, or any employee or agent thereof, shall not be liable to any self-excluded person or to any other party in any judicial or administrative proceeding for any harm, monetary or otherwise, which may arise as a result of— (i) any failure to withhold gaming privileges from, or to restore gaming privileges to, a self-excluded person; (ii) otherwise permitting a self-excluded person to engage in gaming activity while on the list of self-excluded persons; or (iii) disclosure to licensees, significant vendors, or employees or agents of licensees or significant vendors of the fact that an individual has been placed on the list of self-excluded persons and of other information that is reasonably necessary to identify that individual in order to carry out this subsection, including the address, date of birth, and taxpayer identification number of the individual. (B) Licensees A licensee or employee or agent thereof may be liable to a self- excluded person in a judicial or administrative proceeding for a harm described in subparagraph (A) to the extent provided under the law of the State or Indian tribe of the qualified body that issued the license. (C) Rule of construction Nothing in this paragraph shall be construed to prevent the Secretary or a qualified body from assessing a regulatory sanction against a licensee or person for failing to comply with a provision of this section or a regulation prescribed thereunder or for misuse of any list of self-excluded persons for purposes not authorized under this section. (3) Disclosure provisions (A) In general Notwithstanding any other provision of Federal, State, or tribal law, the list of self-excluded persons shall not be open to public inspection. (B) Affiliate disclosure If necessary to effectuate the self-exclusion purposes of this subsection, any licensee may disclose the identities of persons on the self- excluded list to any significant vendor, service provider, or affiliated company to the extent that the significant vendor, service provider, or affiliated company maintains such information under confidentiality provisions comparable to those in this subsection. (d) Gaming by prohibited persons (1) Prohibition on benefitting from prohibited gaming activity A person who is prohibited from gaming with a licensee by law, or by order of the Secretary, a qualified body, or any court of competent jurisdiction, including any person on the self-exclusion list under subsection (c), shall not collect, in any manner or proceeding, any winnings or recover any losses arising as a result of prohibited gaming activity with a licensee. (2) Forfeiture In addition to any other penalty provided by law, any money or thing of value that has been obtained by, or is owed to, any prohibited person by a licensee as a result of bets or wagers made by a prohibited person while the applicable prohibition is effective shall be subject to forfeiture by order of the Secretary or a qualified body, following notice to the prohibited person and opportunity to be heard. (3) Deposit of forfeited funds Any funds forfeited pursuant to this subsection shall be deposited into the Treasury of the United States, or, in the case of a forfeiture to a qualified body, as provided by the applicable State or tribal law. (e) Administrative provisions (1) No duty to identify or exclude compulsive players not on list No provision of this section shall be construed as creating a legal duty in the Secretary, a qualified body, a licensee, or any employee or agent thereof to identify or to exclude compulsive players not on the list of self-excluded persons. (2) No cause of action The Secretary, a qualified body, a licensee, and any employee or agent thereof, shall not be liable to any person in any proceeding for losses or other damages of any kind arising out of that person’s gaming activities based on a claim that the person was a compulsive, problem, or pathological player. (3) No private right of action Nothing in this section shall be construed to create a private right of action. 108. Prohibition on use of licenses in certain States and Indian lands (a) In general Internet gambling provided by Internet gambling facilities licensed under this title shall be lawful in the United States only with respect to the acceptance of bets or wagers from individuals located in States and Indian lands that have opted-in under this section. (b) State participation (1) Opt-in election A State shall be considered to have opted-in under this section if its Governor or any other person authorized to make such notification under the laws of such State has not notified the Secretary within 120 days of enactment that— (A) Internet gambling is prohibited in such State, or (B) the State declines to participate in Internet gambling authorized under this Act. (2) Opt-out election A State shall be considered not to have opted-in under this section if— (A) a majority of a quorum of each chamber of the legislature of the State has approved a bill, resolution, or similar measure that expresses that bets or wagers authorized under this title should be prohibited in such State; and (B) such bill, resolution, or similar measure is the most recent bill, resolution, or similar measure approved by a majority of a quorum of each chamber of the legislature of the State that expresses whether bets or wagers authorized under this title should be prohibited in such State. (3) Limitation on State participation Notwithstanding any other provision of law, for purposes of determining whether a State has opted-in under this section, neither the Secretary nor any provision of State law may require a State to undertake any additional or different procedures than those specified in paragraphs (1) and (2). (4) Effective date of changes If a State changes its election to participate or not to participate under paragraph (1) or (2), such change shall apply, for purposes of this title, beginning on the later of— (A) 60 days after the date of the notification to the Secretary by the Governor any other person authorized under the laws of such State that the State has changed its election to participate or not; or (B) the effective date specified in any bill, resolution, or similar measure determining the participation of the State in Internet gambling under the laws of such State. (c) Indian tribe notice and participation (1) Opt-in election Except as provided in paragraphs (3) and (4), an Indian tribe shall be considered to have opted-in under this section if the principal chief or other chief executive officer or designated authority of such Indian tribe has not notified the Secretary within 120 days of enactment that— (A) Internet gambling is prohibited by such Indian tribe, or (B) the Indian tribe declines to participate in Internet gambling authorized under this Act. (2) Opt-out election Except as provided in paragraph (3) and subsection (d), an Indian tribe shall be considered not to have opted-in under this section if the principal chief or other chief executive officer or designated authority of such Indian tribe submits written notice to the Secretary that bets or wagers otherwise authorized under this title should be prohibited on the Indian lands of such Indian tribe. (3) Subsequent change of election (A) Notice of change Except as provided in paragraph (4), in a case in which the principal chief or other chief executive officer or designated authority of an Indian tribe has submitted notice under paragraph (1) or (2) to opt-in or opt-out, respectively, such Indian tribe may change its election at any time under this subsection if the principal chief or other chief executive officer or designated authority of such Indian tribe submits to the Secretary a written notice indicating such change. (B) Status An Indian tribe that submits notice under subparagraph (A) shall be considered— (i) to have opted-in under this section if the most recent notice submitted under such subparagraph indicates that bets or wagers authorized under this title should not be prohibited on the Indian lands of such Indian tribe; and (ii) not to have opted-in under this section if such notice indicates that bets or wagers authorized under this title should be prohibited on the Indian lands of such Indian tribe. (C) Effective date A change in election under this paragraph shall apply, for purposes of this title, beginning on the later of— (i) 60 days after the date the most recent notice is submitted under subparagraph (A); or (ii) the effective date specified in such notice. (4) Indian lands located in States that have opted-out The decision of a State to opt-in or opt-out shall have no effect on Internet gambling in the lands of an Indian tribe located within a State, which shall be governed solely by determinations made by the Indian tribe, as communicated to the Secretary by the principal chief or other chief executive officer or designated authority of an Indian tribe. (d) Prohibition on unlicensed bets or wagers (1) In general Except as expressly authorized in this title, no State or Indian tribe may authorize or operate a facility that offers Internet gambling unless the Internet gambling facility is authorized and licensed by that State or Indian tribe in compliance with the law of that State or Indian tribe, as applicable, and solely provides services to participants wholly within the boundaries of such State or the Indian lands of such Indian tribe.. (2) Limitation The prohibition set out in paragraph (1) shall not apply to any bet or wager authorized pursuant to a State or tribal law enacted or authorized by a license issued pursuant to this title. (e) Notification and enforcement of State and Indian tribe prohibitions (1) In general The Secretary shall notify qualified bodies, all licensees, and applicants of all States and Indian tribes that are considered to have opted-in under this section, promptly upon receipt of any notice received under subsection (b) or (c) and not fewer than 30 days before the effective date of such notice. (2) Violations It shall be a violation of this title for any licensee to accept a bet or wager initiated or otherwise made by a person who the licensee knows is located at the time of placing such bet or wager within any State or on the Indian lands of any Indian tribe which is not considered to have opted-in under this section. (3) State attorney general enforcement In any case in which the attorney general of a State or any State or local law enforcement agency, authorized by the attorney general of the State or by State statute to prosecute violations of consumer protection law, has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by a violation by a licensee under paragraph (2), the State, or the State or local law enforcement agency, may bring a civil action on behalf of the residents of that State or jurisdiction in a district court of the United States located therein— (A) to enjoin that practice; or (B) to enforce compliance with this section. (4) Indian tribe enforcement In any case in which the chief law enforcement officer of an Indian tribe or tribal law enforcement agency, authorized by the chief law enforcement officer of the Indian tribe or by tribal law to prosecute violations of consumer protection law, has reason to believe that an interest of the residents of the Indian lands within the tribe’s jurisdiction has been or is threatened or adversely affected by a violation by a licensee under paragraph (2), the Indian tribe, or the tribal law enforcement agency, may bring a civil action on behalf of the residents of those Indian lands in a district court of the United States located nearest to those Indian lands— (A) to enjoin that practice; or (B) otherwise to enforce compliance with this section. (f) No Impact on Indian Gaming Regulatory Act (1) In general No provision of this title or decision or action taken by an Indian tribe or State pursuant thereto shall have any effect on non-Internet gaming activities within the scope of section 11 of the Indian Gaming Regulatory Act ( 25 U.S.C. 2710 ) or any successor provisions or on any Tribal-State compacts or authorities pursuant thereto. (2) Tribal status or category not affected Tribal operation of Internet gambling facilities under this title shall not be considered class II or class III gaming under such section, and an Indian tribe’s status, category, or class under such section shall not impact its status or ability to offer bets or wagers pursuant to this title. (3) New negotiations not required (A) Indian tribes The fact that an Indian tribe is operating under a license issued under this title or that a tribal regulatory body is acting as a qualified body under this title shall not require an Indian tribe to negotiate a new agreement, limitation, or other provision of tribal-State compact, agreement, or other understanding with respect to gaming or revenue-sharing, with regard to any bet or wager occurring pursuant to a license issued under this title. (B) States The fact that a State has opted in under this section or that a State regulatory body is acting as a qualified body under this title shall not require the State to negotiate a new agreement, limitation, or other provision of tribal-State compact, agreement, or other understanding with respect to gaming or revenue-sharing, with regard to any bet or wager occurring pursuant to a license issued under this title. (g) No Impact on Activities Carried Out Solely Within a State or Within Tribal Lands No provision of this title shall have any effect on Internet gaming activities that are authorized and licensed by that State or Indian tribe (as the case may be) in compliance with the law of that State or Indian tribe as of the date before the date of the enactment of this Act, as applicable, and that solely provide services to participants wholly within the boundaries of that State or the Indian lands of that Indian tribe. 109. Prohibition on bets or wagers on sporting events (a) In general No provision of this title shall be construed to authorize any licensee to accept a bet or wager on any sporting event in violation of any applicable provision of Federal or State law. (b) Construction Nothing in this title shall be construed to repeal or amend any provision of Federal or State law prohibiting, restricting, or otherwise addressing bets or wagers on sporting events, including provisions of Federal and State law that permit participation in any fantasy or simulation sports games. 110. Public internet gambling and internet gambling parlors prohibited (a) In general It shall be considered a violation of this title to operate a place of public accommodation, club (including a club or association limited to dues-paying members or similar restricted groups), or similar establishment in which computer terminals or similar access devices are made available to be used principally for the purpose of accessing Internet gambling facilities. (b) Criminal penalties Any person who violates subsection (a) shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both. (c) Construction Nothing in this title shall be construed to authorize or otherwise to permit the operation of places of public accommodation, clubs (including clubs or associations limited to dues-paying members or similar restricted groups) and similar establishments that permit access to Internet gambling facilities. (d) Relation to State, local, and tribal law Places of public accommodation, clubs, or similar establishments described in subsection (c) shall be subject to all otherwise applicable State, local, and tribal police, criminal, zoning, and other regulatory powers which are not intended to be limited in any way by this title. 111. Safe harbor It shall be an affirmative defense to any prosecution or enforcement action under any provision of Federal, State, or tribal law that the activity forming the basis of such prosecution or enforcement action is authorized under and has been carried out lawfully in accordance with and under the terms of this title. 112. Cheating and other fraud (a) Cheating and cheating devices prohibited (1) Cheating prohibited No person initiating, receiving, or otherwise making a bet or wager with a licensee, or sending, receiving, or inviting information assisting with a bet or wager with a licensee shall knowingly violate, attempt to violate, or assist another in violating the rules of play established by the licensee for the purpose of obtaining prohibited or unfair advantage in any game authorized under this title. (2) Cheating devices Except as provided in paragraph (3), no person initiating, receiving, or otherwise making a bet or wager with a licensee, or sending, receiving, or inviting information assisting with a bet or wager with a licensee shall knowingly use, possess, or assist another in the use of, an electronic, electrical, or mechanical device or software or other program or tool which is designed, constructed, or programmed specifically for use in obtaining an advantage in any game authorized under this title, where such advantage is prohibited or otherwise violates the rules of play established by the licensee. (3) Permissible uses It shall not be a violation of this subsection for a licensee, its agents, a qualified body, or its agents to use or possess a device described in the preceding sentence if— (A) such use or possession is solely for purposes of testing an Internet gambling facility; (B) such device is not used in live play involving actual bets or wagers; and (C) such device is registered with the qualified body that issued the applicable license. (4) Disclosure to public not required Notwithstanding any other provision of law, a registration under paragraph (3)(C) is not required to be made available to the public. (b) Additional offense (1) In general Except as provided in paragraph (3), no person initiating, receiving, or otherwise making a bet or wager with a licensee, or sending, receiving, or inviting information assisting with a bet or wager with a licensee, shall knowingly use, possess, or assist another in the use of any cheating device with intent to cheat or defraud any licensee or other persons placing bets or wagers with such licensee. (2) Bots A software program that makes bets or wagers according to an algorithm shall constitute a type of cheating device under this subsection. (3) Permissible uses It shall not be a violation of this subsection for a licensee, its agents, a qualified body, or its agent to use or possess a device described in paragraph (1) or (2) if— (A) such use or possession is solely for purposes of testing an Internet gambling facility; (B) such device is not used in live play involving actual bets or wagers; and (C) such device is registered with the qualified body that issued the applicable license. (4) Disclosure to public not required Notwithstanding any other provision of law, a registration under paragraph (3)(C) is not required to be made available to the public. (c) Criminal penalty Whoever violates subsection (a) or (b) shall be fined under title 18, United States Code, imprisoned for not more than 3 years, or both. (d) Permanent injunction Upon conviction of a person for violation of this section, the court may enter a permanent injunction enjoining such person from initiating, receiving, or otherwise making bets or wagers or sending, receiving, or inviting information assisting in the placing of bets or wagers. (e) Report on threats to operation of internet gambling facilities (1) In general Not later than 1 year after the date of first issuance specified in section 114(a), the Director of the National Institute of Standards and Technology shall submit to Congress a report on threats to the integrity of Internet gambling facilities operated by licensees. (2) Elements The report required by paragraph (1) shall include the following: (A) Identification of threats to the integrity of Internet gambling facilities operated by licensees. (B) Identification of technologies that could be used to hack computer networks, facilitate cheating, or otherwise place consumers at risk of fraud or monetary loss. (C) An evaluation of steps taken by Internet gambling facilities licensed under this title to respond to the threats identified pursuant to subparagraph (A). (D) Recommendations for such measures as the Director considers appropriate to deal with the threats identified pursuant subparagraph (A). 113. Construction and relation to other law (a) No impact on existing lawful games (1) In general If bets or wagers on certain games of skill that are not Internet gambling are not regarded as gambling or otherwise prohibited under all provisions of Federal, applicable State, or tribal law— (A) nothing in this title shall be construed to require licensing under this title with respect to such games; and (B) fees paid to participate in such games shall not be regarded as bets or wagers for purposes of this title. (2) Reliance Nothing in this title may be relied on as support for the legality or permissibility of any games without compliance with the licensing and other requirements of this title. (b) Preemption of State and tribal laws (1) In general Except as otherwise expressly provided in this title, the provisions of this title shall supersede any provisions of the law of any State or Indian tribe expressly relating to the permitting, prohibiting, licensing, or regulating of Internet gambling facilities and the law of any State or Indian tribe expressly relating to the authorization, prohibiting, licensing, expansion, or regulation of gambling, except to the extent such State or tribal laws are not inconsistent with this title. (2) Savings provision Nothing in this title may be construed to limit the applicability or enforcement of any State or tribal consumer protection law of general applicability or preempt the applicability of State or tribal trespass, contract, or tort law. (c) Relation to gambling devices transportation act Equipment used by a licensee or significant vendor in the furtherance of licensed activities pursuant to this title (but not to the extent it is used for other purposes) shall not be considered a gambling device within the meaning of section 1 of the Act of January 2, 1951, prohibiting the transportation of gambling devices in interstate and foreign commerce ( 15 U.S.C. 1171 ). (d) Exemptions from subchapter iv of chapter 53 of title 31, United States Code Subchapter IV of chapter 53 of title 31, United States Code, is amended by adding at the end the following: 5368. Inapplicability to certain gaming and wagers The provisions of this subchapter— (1) restricting acceptance of bets or wagers made by individuals located in the United States or requiring the blocking or other prevention of restricted transactions shall not apply with respect to the placing, transmitting, or receiving of interstate off-track wagers, as such term is defined in section 3 of the Interstate horseracing Act of 1978 ( 15 U.S.C. 3002 ), that are permissible under such Act ( 15 U.S.C. 3001 et seq. ), whether such off-track wager is made by telephone, Internet, satellite, or other wire or wireless communication facility, service, or medium; and (2) shall not apply to any bet or wager— (A) occurring pursuant to a license issued under title I of the Internet Gambling Regulation, Enforcement, and Consumer Protection Act of 2013, subject to section 109 of that Act; (B) that is permissible under the Interstate horseracing Act of 1978 (15 U.S.C. 3001 et seq.); or (C) is the purchase of a chance or opportunity to win a lottery or other prize— (i) which opportunity to win is predominantly subject to chance; and (ii) which is authorized by a State or Indian tribe wholly within its borders. . (e) Inapplicability of certain provisions to interstate off-track wagers The provisions of this title requiring a license shall not apply with respect to the placing, transmitting, or receiving of interstate off-track wagers, as such term is defined in section 3 of the Interstate horseracing Act of 1978 (15 U.S.C. 3002), that are permissible under such Act ( 15 U.S.C. 3001 et seq. ), whether such off-track wager is made by telephone, Internet, satellite, or other wire or wireless communication facility, service, or medium. (f) Wire act amendments (1) Definitions Section 1081 of title 18, United States Code, is amended— (A) by designating the five undesignated paragraphs as paragraphs (1) through (5), respectively; (B) in paragraph (2), as so designated by subparagraph (A), by striking value. and inserting value, including any Internet gambling facility. ; (C) by amending paragraph (5), as so designated by subparagraph (A), to read as follows: (5) The term communication facility includes any instrumentality, personnel, and services (including, the receipt, forwarding, or delivery of communications) used in the transmission of a writing, sign, picture, or sound of any kind by aid of wire, cable, radio, or an electromagnetic, photoelectronic, or photooptical system, or other like connection (whether fixed or mobile) between the points of origin and reception of such transmission. ; and (D) by adding at the end the following: (6) The term bet or wager has the meaning given the term in section 102 of the Internet Gambling Regulation, Enforcement, and Consumer Protection Act of 2013. (7) The term Internet means the international computer network of interoperable packet switched data networks. (8) The term Internet gambling facility has the same meaning given the term in section 102 of the Internet Gambling Regulation, Enforcement, and Consumer Protection Act of 2013. (9) The terms financial transaction provider and insured depository institution have the meanings given those terms in section 5362 of title 31, United States Code. (10) The term gambling business means a business of betting or wagering. (11) The terms own or control and owned or controlled include circumstances within the meaning of section 2(a)(2) of the Bank Holding Company Act of 1956 (12 U.S.C. 1841(a)(2)). . (2) Modification of existing prohibition Section 1084 of title 18, United States Code, is amended to read as follows: 1084. Transmission of wagering information; penalties (a) Offense Except as otherwise provided in this section or in the Internet Gambling Regulation, Enforcement, and Consumer Protection Act of 2013, it shall be unlawful for a person that is engaged in a gambling business to knowingly use a communication facility for the transmission in interstate or foreign commerce, within the special maritime and territorial jurisdiction of the United States, or to or from any place outside the jurisdiction of any country with respect to any transmission to or from the United States, of— (1) bets or wagers; (2) information assisting in the placing of bets or wagers; or (3) a communication, which entitles the recipient to receive money or credit as a result of bets or wagers, or for information assisting in the placing of bets or wagers. (b) Penalty Any person who violates subsection (a) shall be fined under this title, imprisoned for not more than 5 years, or both. (c) Transmission in interstate or foreign commerce Except as otherwise provided in this section, the transmission of bets or wagers, information assisting in the placing of bets or wagers, or a communication which entitles the recipient to receive money or credit as a result of bets or wagers, or for information assisting in the placing of bets or wagers shall be considered a transmission in interstate or foreign commerce subject to this section if such transmission involved the use, in some part, of the Internet. (d) Rules of construction Nothing in this section shall be construed to— (1) prohibit— (A) the transmission of information assisting in the placing of bets or wagers for use in news reporting if such transmission does not solicit or provide information for the purpose of facilitating or enabling the placing or receipt of bets or wagers; (B) the interstate transmission of information relating to a State-specific lottery between a State or foreign country where such betting or wagering is permitted under Federal, State, tribal, or local law and an out-of-State data center for the purposes of assisting in the operation of such State-specific lottery; or (C) a qualifying intrastate lottery transaction (as defined in section 102 of the Internet Gambling Regulation, Enforcement, and Consumer Protection Act of 2013; (D) any authorized activity carried out in connection with a license issued under the Internet Gambling Regulation, Enforcement, and Consumer Protection Act of 2013. (2) create immunity from criminal prosecution under any laws of a State or tribe; or (3) authorize activity that is prohibited under chapter 178 of title 28. (e) Applicability This section shall not apply to any activity that is permissible under the Interstate horseracing Act of 1978 (15 U.S.C. 3001 et seq.), or any activity that is permissible under title I of the Internet Gambling Regulation, Enforcement, and Consumer Protection Act of 2013. (f) Duty of common carrier (1) In general If a common carrier (as defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 )), subject to the jurisdiction of the Federal Communications Commission, is notified in writing by a Federal, State, tribal, or local law enforcement agency, acting within the jurisdiction of the law enforcement agency, that a communication facility furnished by the common carrier is being used or will be used by a subscriber of the common carrier for the purpose of transmitting or receiving gambling information in interstate or foreign commerce, within the special maritime and territorial jurisdiction of the United States, or to or from any place outside the jurisdiction of any country with respect to any transmission to or from the United States in violation of Federal, State, tribal, or local law, the common carrier shall discontinue or refuse, the leasing, furnishing, or maintaining of such facility, after reasonable notice to the subscriber. (2) Limitation on liability No damages, penalty, or forfeiture, civil or criminal, shall be found against a common carrier for any act done in compliance with any notice received from a law enforcement agency. (3) Rule of construction Nothing in this subsection shall be construed to prejudice the right of any person affected to secure an appropriate determination, as otherwise provided by law, in a Federal court or in a State, tribal, or local tribunal or agency, that such facility should not be discontinued or removed, or should be restored. (g) Exclusions This section, subchapter IV of chapter 53 of title 31, and any other provision of Federal law that establishes criminal penalties for any activity involved in placing, receiving or otherwise transmitting a bet or wager shall not apply to any bet or wager that— (1) is permissible under the Interstate horseracing Act of 1978 ( 15 U.S.C. 3001 et seq. ); (2) is an international off-track wager on horseracing, or the combination of international horseracing pari-mutuel wagering pools, that is lawful in the State or foreign jurisdiction involved; (3) is permissible under the Prohibition of Internet Gambling, Regulation, and Consumer Protection Act of 2013; or (4) is a qualifying intrastate lottery bet or wager as defined in section 102 of the Act referred to in paragraph (3). . (3) Authorization of civil enforcement (A) In general Chapter 50 of title 18, United States Code, is amended by adding at the end the following: 1085. Civil remedies (a) Jurisdiction The district courts of the United States (in addition to any other remedies under current law) shall have original and exclusive jurisdiction to prevent and restrain violations of section 1084 by issuing appropriate orders in accordance with this section, regardless of whether a prosecution has been initiated under section 1084. (b) Proceedings (1) Definition In this subsection, the term account means— (A) the unpaid balance of money or its equivalent received or held by an insured depository institution in the usual course of business and for which it has given or is obligated to give credit, either conditionally or unconditionally, to an account, including interest credited, or which is evidenced by an instrument on which the depository institution is primarily liable; and (B) money received or held by an insured depository institution, or the credit given for money or its equivalent received or held by the insured depository institution in the usual course of business for a special or specific purpose, regardless of the legal relationships established thereby, including escrow funds, funds held as security for securities loaned by the depository institution, funds deposited as advance payment on subscriptions to United States Government securities, and funds held to meet its acceptances. (2) Proceedings The United States may institute proceedings under this section— (A) to obtain injunctive or declarative relief, including a temporary restraining order and a preliminary injunction, against any person (other than a financial transaction provider, except as provided in paragraph (3)) to prevent or restrain a violation or a threatened violation of section 1084; (B) in the case of an insured depository institution that is a financial transaction provider, to— (i) restrain an account maintained at such insured depository institution if such account is— (I) owned or controlled by a gambling business; and (II) includes proceeds of, or is used to facilitate a violation of section 1084; or (ii) seize funds in an account described in clause (i) if such funds— (I) are owned or controlled by a gambling business; and (II) constitute the proceeds of, were derived from, or facilitated, a violation of section 1084. (3) Financial transaction providers The limitation in paragraph (2)(A) shall not apply if the financial transaction provider is a gambling business, in which case, such financial transaction provider shall be subject to the enforcement provisions under paragraph (2). (4) Injunctive proceedings (A) In general The attorney general (or other appropriate State official) of a State in which a communication in violation of section 1084 allegedly has been or will be initiated or received may institute proceedings under this section to obtain injunctive or declarative relief to prevent or restrain the violation or threatened violation. (B) Relief Upon application of the attorney general (or other appropriate State official) of an affected State under subparagraph (A), the district court may enter a temporary restraining order, a preliminary injunction, an injunction, or declaratory relief against any person (other than a financial transaction provider) to prevent or restrain a violation or threatened violation of section 1084, in accordance with rule 65 of the Federal Rules of Civil Procedure. (5) Enforcement authority Notwithstanding paragraphs (2) and (4), for a communication in violation of section 1084 that allegedly has been or will be initiated or received on Indian lands (as that term is defined in section 4 of the Indian Gaming Regulatory Act ( 25 U.S.C. 2703 ))— (A) the United States shall have the enforcement authority provided under paragraph (2); (B) the enforcement authorities specified in an applicable Tribal-State compact negotiated under section 11 of the Indian Gaming Regulatory Act ( 25 U.S.C. 2710 ) shall be carried out in accordance with that compact; and (C) if there is no applicable Tribal-State compact, an appropriate tribal official may institute proceedings in the same manner as an attorney general of a State. (6) Rule of construction Nothing in this subsection shall be construed to alter, supersede, or otherwise affect the application of the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq. ). (7) Limitation on relief Notwithstanding paragraph (4), no relief shall be granted under this section against a financial transaction provider except as provided in paragraph (3). (c) Limitation on liability No damages, penalty, or forfeiture, civil or criminal, shall be found against any person or entity for any act done in compliance with any notice received from a law enforcement agency. . (B) Clerical amendment The table of sections for chapter 50 of title 18, United States Code, is amended by inserting after the item relating to section 1084 the following: 1085. Civil remedies. . (g) Systems used in support of lawful gambling (1) In general This title, subchapter IV of chapter 53 of title 31, United States Code, section 1084 of title 18, United States Code, and any other provision of Federal law that establishes criminal penalties for any activity involved in placing, receiving, or otherwise transmitting a bet or wager, information assisting in the placing of bets or wagers, or a communication which entitles the recipient to receive money or credit as a result of bets or wagers, shall not apply to gaming devices, information, or communications, to the extent used to support bets or wagers offered by a casino gaming facility that— (A) occur between participants who are located on the premises of the same casino gaming facility; and (B) are lawful in the State or on the Indian lands in or on which the casino gaming facility is located. (2) Definitions In this subsection: (A) Casino gaming facility The term casino gaming facility means any facility that provides casino gaming on a riverboat, at a race track, or in another facility, regardless of the number of gaming devices in 1 physical location, pursuant to a duly authorized license issued by a gaming regulatory authority of a State of Indian tribe. (B) Participants The term participants includes all persons who are party to the bet or wager, including, in the case of banked games, the casino gaming facility or operator itself. (h) Preservation of existing lawful gambling (1) In general This title, subchapter IV of chapter 53 of title 31, United States Code, section 1084 of title 18, United States Code, and any other provision of Federal law that establishes criminal penalties for any activity involved in placing, receiving, or otherwise transmitting a bet or wager, information assisting in the placing of bets or wagers, or a communication which entitles the recipient to receive money or credit as a result of bets or wagers, shall not apply to the offering of a bet or wager or gambling game authorized, licensed, and regulated by a State or Indian tribe on the day before the date of enactment of this Act and otherwise lawful activities in support of the offering of that bet or wager or gambling game, or that is permissible under the Interstate Horseracing Act of 1978 (15 U.S.C. 3001 et seq.); or that is the purchase of a chance or opportunity to win a lottery or other prize— (A) which opportunity to win is predominantly subject to chance; and (B) which is authorized by a State or Indian tribe wholly within its borders; (2) Applicability Paragraph (1) shall not apply to— (A) any expansion of or other change to any such bet or wager or gambling game that otherwise would violate any applicable provision of Federal law if a change in State or tribal law is necessary in order to permit such expansion or change; (B) the offering of a bet or wager or gambling game of the same type and character in a State or Indian tribe in which that bet or wager or gambling game is not permitted on the date of enactment of this Act; and (C) qualifying intrastate lottery transactions. (3) Casino gaming facility defined In this subsection, the term casino gaming facility means any facility that provides casino gaming on a riverboat, at a race track, or in another facility, regardless of the number of gaming devices in 1 physical location, pursuant to a duly authorized license issued by a gaming regulatory authority of a State of Indian tribe. 114. Orderly transition (a) Issuance of initial licenses (1) In general Each qualified body designated under section 105 before the date of first issuance specified in this subsection, shall, to the extent practicable while meeting the requirements and standards of this title, issue multiple licenses under this title before such date in order to ensure a robust and competitive market for consumers and to prevent the first licensees from gaining an unfair competitive advantage. (2) Effective date of initial licenses No license issued under this title shall authorize a licensee to accept a bet or wager under this title before the date of first issuance specified in this subsection. (3) Date of first issuance The date of first issuance specified in this subsection is the date that is 270 days after the date of the enactment of this Act. (b) Orderly cessation of unlicensed activity and safekeeping of customer funds (1) In general Each person shall, with respect to an Internet gambling facility not licensed under this Act and to the extent applicable to the person— (A) not later than 30 days after the date of the enactment of this Act, cease offering, accepting, and providing services with respect to bets or wagers from individuals the person knows, or reasonably should know, are located in the United States; (B) provide to each individual located in the United States who has outstanding sums on deposit with such person notice to such individual that operations will be ceasing pursuant to paragraph (1) with instructions indicating the procedures the individual should use to request the return of such sums— (i) not later than 7 days after the date of the enactment of this Act and not less frequently than quarterly thereafter until such sums have been returned, by e-mail; (ii) not later than 30 days after the date of the enactment of this Act and not less frequently than semi-annually thereafter until such sums have been returned, by mail; and (iii) beginning not later than 14 days after the date of the enactment of this Act and ending on the date that such sums have been returned, by promptly displaying notice each time such individual signs into the Internet gambling facility; (C) promptly return all outstanding sums to individuals located in the United States who have sums on deposit with such person, upon the request of such individuals; (D) during the 2-year period beginning on the date of the enactment of this Act, retain all outstanding sums on deposit with such person that are owed to individuals under subparagraph (C) the disposition of which remains unresolved because of a lack of a request by such individual under such subparagraph or other reason; and (E) on the date that is 2 years and 1 day after the date of the enactment of this Act, place any remaining sums on deposit with such person that are owed to individuals under subparagraph (C) the disposition of which remains unresolved in escrow with a financial institution in the United States for safekeeping and orderly disposition as the Secretary may direct. (2) Applicability regardless of license application status Paragraph (1) applies to any person who has operated an Internet gambling facility not licensed under this Act regardless of whether the person applies for a license or seeks a certificate of suitability with respect to an application for a license under this title. (3) Criminal penalty Whoever violates paragraph (1) shall be fined under title 18, United States Code, in an amount not to exceed 3 times the amount of the funds subject to this subsection or imprisoned under such title for not more than 2 years, or both. (4) Regulations The Office of Internet Gambling Oversight shall prescribe regulations to carry out this subsection. (5) Judicial review An applicant may seek judicial review of a determination under paragraph (1) or (2) only by the United States district court for the District of Columbia in accordance with chapter 7 of title 5, United States Code. (c) No effect on existing law Nothing in this section shall be construed to repeal, to amend, or to affect the interpretation of any provision of Federal or State law that was in effect before the date of the enactment of this Act that— (1) authorizes the provision of services relating to bets or wagers by facilities authorized and licensed by that State or Indian tribe in compliance with the law of that State or Indian tribe, as applicable, and solely provides services to participants wholly within the boundaries of such State or the Indian lands of such Indian tribe; (2) prohibits, restricts, or otherwise addresses bets or wagers; or (3) prohibits fraud, unfair or deceptive acts or practices, or other criminal activity. 115. Annual reports (a) Licensing and regulation of internet gambling facilities (1) In general Not later than 1 year after the date of first issuance specified in section 114(a) and not less frequently than annually thereafter, the Secretary shall submit to Congress a report on the licensing and regulation of Internet gambling facilities under this title. (2) Elements Each report submitted under paragraph (1) shall include the following: (A) A description of all notices received by the Secretary under subsections (b) and (c) of section 108. (B) The amount of assessments collected under section 106(e) and, in cooperation with the Secretary of the Treasury, an estimate of the amount of income tax revenue that is attributable to the operation of Internet gambling facilities during the period covered by the report. (C) A list of qualified bodies, the number of licensees reviewed by the qualified bodies under this title, and the outcomes of such reviews. (D) A description of the efforts the Secretary has undertaken to ensure that qualified bodies are properly issuing licenses and regulating licensees under this title. (E) A detailed description of each type of game offered by licensees and how each type is consistent with the definition of poker under section 102. (F) Such other information as the Secretary considers appropriate. (b) Consumer protection (1) In general Not later than 1 year after the date of first issuance specified in section 114(a) and not less frequently than annually thereafter, the Secretary shall submit to the Committee on Banking, Housing and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report on commercial and regulatory practices carried out to protect consumers with respect to Internet gambling, including the practices carried out pursuant to the requirements of section 107 and the regulations prescribed pursuant to such section. (2) Elements Each report submitted under paragraph (1) shall include the following: (A) A detailed description of the efforts of each qualifying body to protect consumers from unfair or deceptive acts or practices, including deceptive advertising and marketing to minors. (B) A description of the practices that the Secretary recommends qualifying bodies adopt to protect consumers. (C) Such recommendations as the Secretary may have for legislative action as the Secretary considers necessary to protect consumers with respect to Internet gambling. (D) Such other information as the Secretary considers appropriate. 116. Independent testing of licensed operator equipment (a) Requirement The Secretary shall require independent testing of hardware, software, communications equipment, and other necessary devices for Internet gambling facilities to ensure the integrity, accountability, and randomness of play and network security. (b) Definition For purposes of this section, the term independent testing means testing conducted by a scientific laboratory— (1) that is accredited by an intentional accreditation body approved by the Secretary; (2) that is competent and qualified to scientifically test and evaluate equipment, software, communications and functionality relating to the operation of an Internet gambling facility; and (3) that is not be owned or controlled by an Internet gambling facility, an electronic gaming equipment vendor, manufacturer, or retailer, or an Internet gaming operator. 117. Inclusion of authority to address gambling addiction in samhsa authorities Section 501(d) of the Public Health Service Act ( 42 U.S.C. 290aa(d) ) is amended— (1) by striking and at the end of paragraph (17); (2) by striking the period at the end of paragraph (18) and inserting ; and ; and (3) by adding at the end the following: (19) establish and implement programs for the identification, prevention, and treatment of pathological and other problem gambling. . 118. Compilation of datasets on player behavior The Secretary shall compile and make available to the public, on the Web site of the Department of the Treasury, datasets, with respect to Internet gambling, on player behavior from customer tracking data collected or generated by loyalty programs, player tracking software, online gambling transactions, or any other information system. The Secretary shall ensure that personally identifying information, including player name, street address, and bank or credit information, are automatically removed from the data. The data shall include information on player characteristics including gender, age and region of residence, player behavior including frequency of play, length of play, speed of play, denomination of play, amounts wagered and, if applicable, number of lines or hands played, and characteristics of games played. 119. Effective date (a) In general Except as otherwise provided in this title, the provisions of this title shall take effect on the date that is 30 days after the date of the enactment of this Act. (b) Regulations required before issuing licenses Notwithstanding any other provision of this title, a qualified body may not issue a license under this title until the qualified body has issued regulations to meet its obligations as a qualified body. II ENFORCEMENT UNDER TITLES 18 AND 31, UNITED STATES CODE 201. Financial service providers Subchapter IV of chapter 53 of title 31, United States Code, is amended— (1) in section 5362— (A) by redesignating paragraph (11) as paragraph (12); and (B) by inserting after paragraph (10) the following: (11) List of licensed internet gambling facilities The term list of licensed Internet gambling facilities means the list established and maintained under section 106(n) of the Internet Gambling Regulation, Enforcement, and Consumer Protection Act of 2013. ; and (2) in section 5364, by striking subsection (d) and inserting the following: (d) Financial transaction providers (1) In general A financial transaction provider shall prevent, prohibit, or suspend its service from completing payment transactions involving customers within the United States and a person or entity that is— (A) an Internet gambling facility not included on the list of licensed Internet gambling facilities, or that the financial transaction provider reasonably believes is included on such list; (B) demonstrated to be, or that the financial transaction provider reasonably believes to be, an unlicensed Internet gambling enterprise, based on information other than the list of licensed Internet gambling facilities; or (C) acting on behalf of an Internet gambling facility that is not included on the list of licensed Internet gambling facilities, or that the financial transaction provider reasonably believes is included on such list, if the financial transaction provider has knowledge that such person or entity is acting on behalf of the unlicensed person or entity. (2) Safe harbor A financial transaction provider shall not be held liable to any person— (A) for engaging in a financial activity or transaction, including a payments processing activity, in connection with a bet or wager that the provider believes is permitted by the Internet Gambling Regulation, Enforcement, and Consumer Protection Act of 2013 or the Internet horseracing Act of 1978 ( 15 U.S.C. 3001 et seq. ), unless the financial transaction provider has actual knowledge that the financial activity or transaction was conducted in violation of either such Act or any applicable provision of Federal or State law; or (B) for taking any action pursuant to paragraph (1). . 202. Amendments relating to illegal gambling businesses Section 1955(b)(1) of title 18, United States Code, is amended— (1) in clause (i), by striking (i) is and inserting (A)(i) is ; (2) in clause (iii), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (B) is an unlawful Internet gambling facility, as defined in section 102 of the Internet Gambling Regulation, Enforcement, and Consumer Protection Act of 2013. . 203. Further amendments to subchapter IV of chapter 53 of title 31, United States Code Section 5362(10) of title 31, United States Code, is amended— (1) by striking subparagraphs (A) through (C) and inserting the following: (A) In general The term unlawful Internet gambling means to place, receive, or otherwise knowingly transmit a bet or wager by or on behalf of a person located in the United States by any means which involves the use, at least in part, of the Internet, unless such bet or wager is expressly permitted under applicable Federal law. ; (2) by redesignating subparagraph (D) as subparagraph (B); (3) in subparagraph (B), as so redesignated, by striking clause (iii); and (4) by striking subparagraph (E) and inserting the following: (C) Qualifying intrastate lottery transactions The term unlawful Internet gambling does not include the purchase of a chance or opportunity to win a lottery or other prize that satisfies all of the conditions and limitations set out in section 102(3)(B) of the Internet Gambling Regulation, Enforcement, and Consumer Protection Act of 2013. (D) Licensed internet gambling facilities The term unlawful Internet gambling does not include an activity carried out by an Internet gambling facility, as such term is defined in section 102 of the Internet Gambling Regulation, Enforcement, and Consumer Protection Act of 2013, operated by a person under a license provided under title I of that Act, in accordance with the provisions of that title I. . 204. Bettor forfeiture Section 981(a)(1) of title 18, United States Code, is amended by adding at the end the following: (I) Any property, real or personal, involved in a transaction or attempted transaction in violation of section 103 of the Internet Gambling Regulation, Enforcement, and Consumer Protection Act of 2013, or any property traceable to such property. . 205. Regulations (a) Regulations Not later than 180 days after the date of enactment of this Act, the Secretary of the Treasury shall prescribe such regulations as the Secretary of the Treasury considers necessary to ensure compliance with the Bank Secrecy Act (12 U.S.C. 1951 et seq.; 31 U.S.C. 5311 et seq. ), by licensees, significant vendors to such licensees, and financial service providers to such licensees (as those terms are defined in section 102). (b) Revision of regulations Not later than 180 days after the date of enactment of this Act, the Secretary of the Treasury shall revise part 233 of title 12, Code of Federal Regulations, and part 132 of title 31, Code of Federal Regulations, to conform with the provisions of title I. 206. Conforming amendment Section 310(b)(2)(I) of title 31, United States Code, is amended by striking subchapter II and inserting subchapters II and IV . III OTHER MATTERS 301 Severability If any provision of this Act is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the remainder of the Act shall remain in effect and will continue to apply to other persons and circumstances.

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I 113th CONGRESS 1st Session H. R. 2283 IN THE HOUSE OF REPRESENTATIVES June 6, 2013 Mr. Smith of New Jersey introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To prioritize the fight against human trafficking within the Department of State according to congressional intent in the Trafficking Victims Protection Act of 2000 without increasing the size of the Federal Government, and for other purposes. 1. Short title This Act may be cited as the Human Trafficking Prioritization Act . 2. Findings Congress finds the following: (1) The International Labor Organization estimates that nearly 21,000,000 people are subjected to modern slavery around the world at any given time and that the majority of the enslaved are women and girls. (2) Congress authorized the creation of a Department of State Office to Monitor and Combat Trafficking in Persons in the Trafficking Victims Protection Act of 2000 ( Public Law 106–386 ) in order to directly assist the Secretary of State in his or her effort to coordinate a United States Government interagency response to domestic and international trafficking in persons. (3) The Office to Monitor and Combat Trafficking in Persons monitors trafficking worldwide and produces the online and printed versions of the annual Trafficking in Persons Report, which is Congress’ primary resource for human trafficking reporting, analysis, and recommendations on the United States and 186 countries around the world. (4) The annual Trafficking in Persons Report contains tier rankings of each country on which it reports, and these tier rankings have become an essential diplomatic tool for promoting protection for victims, prevention of trafficking, and prosecution of perpetrators. (5) Some countries have openly stated, and many others have confided, that dramatic improvements in the country’s human trafficking record were directly related to avoidance of a low tier ranking in the annual Trafficking in Persons Report. (6) Ambassador Mark Lagon, former Ambassador-at-Large to Monitor and Combat Trafficking in Persons (2007–2009), testified before the Subcommittee on Africa, Global Health, Global Human Rights, and International Organizations of the Committee on Foreign Affairs of the House of Representatives on April 18, 2013, that [T]he State Department does a tremendous job in producing a report which tells it like it is, offering objective rankings. Yet at times it pulls punches, typically due to the urging of regional specialists rather than the TIP Office’s dedicated experts on trafficking. . (7) Ambassador John Miller, former Ambassador-at-Large to Monitor and Combat Trafficking in Persons (2002–2006), recently stated that, Upgrading the status of the Office to a Bureau will not create additional bureaucracy—it will simply give JTIP and the Ambassador-at-large who heads it equal standing with regional and functional bureaus at the State Department. That standing is absolutely essential for the issue to remain a priority, especially when multiple U.S. interests are engaged. . (8) The tier ranking process authorized by Congress in the Trafficking Victims Protection Act of 2000 has been in some instances compromised by the Office to Monitor and Combat Trafficking subordinate stature within the Department of State. (9) It is essential for Congress and the Secretary of State to be accurately informed regarding United States and foreign country successes and failures in the fight against human trafficking. (10) The diplomatic power and credibility of the Trafficking in Persons Report is based on rigorous scholarship and scrupulous application of the minimum standards for the elimination of human trafficking and is undermined by political, rather than factual, tier rankings. (11) Strong and effective anti-slavery policy requires that officials from the Office to Monitor and Combat Trafficking have equal hierarchical standing with State Department regional bureaus and direct access to the Secretary of State. 3. Sense of Congress It is the Sense of Congress that— (1) the Office to Monitor and Combat Trafficking of the Department of State will be more effective in carrying out duties mandated by Congress in the Trafficking Victims Protection Act of 2000 if the Office status is changed to that of a Bureau within the Department hierarchy; (2) the Office to Monitor and Combat Trafficking will be more effective in carrying out duties mandated by Congress in the Trafficking Victims Protection Act of 2000 if the Office is headed by an Assistant Secretary with direct access to the Secretary of State, rather than an Ambassador-at-Large; and (3) the change in status from Office to Monitor and Combat Trafficking with an Ambassador-at-Large to a Bureau led by an Assistant Secretary can be accomplished without increasing the number of personnel or the budget of the current Office. 4. Office to Combat Trafficking in Persons (a) In general Section 105(e) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7103(e) ) is amended— (1) in the heading, by striking Office to Monitor and Combat Trafficking and inserting Bureau to Combat Trafficking in Persons ; (2) in paragraph (1)— (A) in the first sentence, by striking Office to Monitor and Combat Trafficking and inserting Bureau to Combat Trafficking in Persons ; (B) in the second sentence,— (i) by striking Office and inserting Bureau ; (ii) by striking Director and inserting Assistant Secretary of State ; and (iii) by striking , with the rank of Ambassador-at-Large ; and (C) in the third sentence, by striking Director and inserting Assistant Secretary of State ; (D) in the fourth sentence, by striking Director and inserting Assistant Secretary of State ; (E) in the fifth sentence, by striking Director and inserting Assistant Secretary of State ; and (F) in the sixth sentence, by striking Office and inserting Bureau ; and (3) in paragraph (2)— (A) in subparagraph (A), by striking Office to Monitor and Combat Trafficking and inserting Bureau to Combat Trafficking in Persons ; and (B) in subparagraph (B), by striking Director and inserting Assistant Secretary of State . (b) Conforming amendments (1) In general Any reference in the Trafficking Victims Protection Act of 2000 or in any other Act to— (A) the Office to Monitor and Combat Trafficking shall be deemed to be a reference to the Bureau to Combat Trafficking in Persons; and (B) the Director or Ambassador-at-Large of the Office to Monitor and Combat Trafficking in Persons shall be deemed to be a reference to the Assistant Secretary directing the Bureau to Combat Trafficking in Persons. (2) State Department Basic Authorities Act of 1956 Section 1(c)(1) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a(c)(1) ) is amended, in the first sentence, by striking 24 and inserting 25 .

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I 113th CONGRESS 1st Session H. R. 2284 IN THE HOUSE OF REPRESENTATIVES June 6, 2013 Mr. Terry introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 4, United States Code, to authorize members of the Armed Forces not in uniform and veterans to render a military salute during the recitation of the pledge of allegiance. 1. Military salute during recitation of pledge of allegiance by members of the Armed Forces not in uniform and by veterans Section 4 of title 4, United States Code, is amended by adding at the end the following new sentence: Members of the Armed Forces not in uniform and veterans may render the military salute in the manner provided for persons in uniform. .

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I 113th CONGRESS 1st Session H. R. 2285 IN THE HOUSE OF REPRESENTATIVES June 6, 2013 Mr. Matheson introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to enhance efforts to address antimicrobial resistance, and for other purposes. 1. Short title This Act may be cited as the Strategies to Address Antimicrobial Resistance Act . 2. Findings The Congress finds as follows: (1) The advent of the antibiotic era has saved millions of lives and allowed for incredible medical progress; however, the increased use and overuse of antimicrobial drugs have correlated with increased rates of antimicrobial resistance. (2) Through mutation as well as other mechanisms, bacteria and other infectious disease-causing organisms—viruses, fungi, and parasites—develop resistance to antimicrobial drugs over time. The more antimicrobial drugs are used, whether appropriately or inappropriately, the more this contributes to the development of antimicrobial resistance. (3) Scientific evidence suggests that the development of antimicrobial resistance in humans is not due only to use of antimicrobial drugs in humans, but also may be caused by the use of antimicrobial drugs in food-producing animals. (4) A study estimates that in 2005 more than 94,000 invasive methicillin-resistant Staphylococcus aureus (MRSA) bacterial infections occurred in the United States and more than 18,500 of these infections resulted in death—7 times more than a decade earlier. (5) The 2009 Influenza A: H1N1 virus outbreak, and the yearly seasonal influenza outbreaks, exacerbate concerns about antiviral resistance given that so few antivirals are available to treat influenza as well as secondary bacterial infections due to MRSA, antibiotic-resistant Streptococcus pneumonia, and other bacteria that cause respiratory diseases. Given that, during the 1918 influenza pandemic, many thousands of deaths were caused by complications due to secondary bacterial infections and not by the influenza virus itself. (6) Each year, nearly 2,000,000 people contract bacterial infections in hospitals and approximately 90,000 of these people die from these infections. Many of these infections are resistant to one or more commonly used antibiotics. (7) A 2012 study conducted at Columbia University ( Clinical Infectious Disease , September 2012) found that each antibiotic-resistant infection cost, on average, over $15,000 more to treat than susceptible infections. (8) The costs of antimicrobial-resistant infections in terms of lives lost and the economy will only rise as antimicrobial resistance continues to spread. 3. Antimicrobial resistance task force Section 319E of the Public Health Service Act ( 42 U.S.C. 247d–5 ) is amended— (1) in subsection (a)— (A) in the subsection heading, by striking Task Force and inserting the following: Antimicrobial Resistance Office, Task Force, and Advisory Board ; (B) in paragraph (1)— (i) by striking as of the date of the enactment of this section and inserting as of September 30, 2006 ; and (ii) by adding at the end the following: The Secretary shall, not later than 1 year after the date of enactment of the Strategies to Address Antimicrobial Resistance Act, direct the Assistant Secretary of Health to establish an Antimicrobial Resistance Office and appoint a director to that Office. The Secretary shall, not later than 1 year after the date of enactment of such Act, establish the Public Health Antimicrobial Advisory Board as an advisory board to the Director of the Antimicrobial Resistance Office. The Director of the Antimicrobial Resistance Office shall serve as the Director of the Antimicrobial Resistance Task Force. To avoid duplication and ensure that Federal resources are used efficiently and effectively, the Director shall work in conjunction with the Federal agencies represented on the Task Force to coordinate all antimicrobial resistance activities undertaken and supported by the Federal Government, including the activities and budgetary allocations of the Office, Task Force, and Public Health Antimicrobial Advisory Board. ; (C) by amending paragraph (2) to read as follows: (2) Members (A) Members of the antimicrobial resistance task force The task force described in paragraph (1) shall be composed of representatives of such Federal agencies as the Secretary determines necessary, including representation of the following: (i) The Antimicrobial Resistance Office. (ii) The Assistant Secretary for Preparedness and Response. (iii) The Biomedical Advanced Research and Development Authority. (iv) The Centers for Disease Control and Prevention. (v) The Food and Drug Administration. (vi) The National Institutes of Health. (vii) The Agency for Healthcare Research and Quality. (viii) The Centers for Medicare & Medicaid Services. (ix) The Health Resources and Services Administration. (x) The Department of Agriculture. (xi) The Department of Education. (xii) The Department of Defense. (xiii) The Department of Veterans Affairs. (xiv) The Environmental Protection Agency. (xv) The Department of Homeland Security. (xvi) The United States Agency for International Development. (B) Members of the public health antimicrobial advisory board (i) In general The Public Health Antimicrobial Advisory Board shall be composed of 19 voting members, appointed by the Secretary. Such members shall include experts from the medical professions (including hospital and community-based physicians), pharmacy, public health, veterinary, research, and international health communities, as well as one representative from a public interest group. (ii) Terms Each member appointed under clause (i) shall be appointed for a term of 3 years, except that of the 19 members first appointed— (I) 6 shall be appointed for a term of 12 months; and (II) 6 shall be appointed for a term of 2 years. (iii) Chair The Secretary shall appoint a Chair of the Public Health Antimicrobial Advisory Board from among its members to lead and supervise the activities of the Advisory Board. (iv) Disclosure of financial interests Prior to a meeting of the Public Health Antimicrobial Advisory Board, each member of the Advisory Board shall disclose to the Secretary any potential, relevant financial interests as defined under section 208(a) of title 18, United States Code. ; (D) in paragraph (3)(B), by striking in consultation with the task force described in paragraph (1) and and inserting acting through the Director of the Antimicrobial Resistance Office and the Director of the Centers for Disease Control and Prevention, and in consultation with ; and (E) by amending paragraph (4) to read as follows: (4) Meetings and duties (A) Antimicrobial resistance office duties The Director of the Antimicrobial Resistance Office, working in conjunction with the Federal agencies that are represented on the task force described in paragraph (1), shall issue an update to the Public Health Action Plan to Combat Antimicrobial Resistance within 1 year of the establishment of the Office and annually thereafter. The updates shall include enhanced plans for addressing antimicrobial resistance in the United States and internationally. The Director of the Office shall post on a website these updates as well as summaries of all non-proprietary data the Task Force makes available. The Director of the Antimicrobial Resistance Office shall work in conjunction with the Federal agencies that are represented on the task force described in paragraph (1), and in consultation with the Public Health Antimicrobial Advisory Board, to— (i) establish benchmarks for achieving the goals set forth in the action plan; (ii) assess the ongoing, observed patterns of emergence of antimicrobial resistance, and their impact on clinical outcomes in terms of how patients feel, function, or survive; (iii) assess how antimicrobial products are being used in humans, animals, plants, and the environment and the risks and benefits of those uses in furthering the development of resistance and the implications thereof for patient safety and public health; (iv) establish a priority list of human infectious diseases with the greatest need for development of new point-of-care and other diagnostics, antimicrobial drugs, and vaccines, and in particular serious and life-threatening resistant infections, for which there are few or no diagnostic, treatment, or prevention options; (v) recommend basic, clinical, epidemiological, prevention, and translational research where additional federally supported studies may be beneficial; (vi) recommend how to support antimicrobial development through Food and Drug Administration activities, including through the agency’s Critical Path Initiative and the Reagan-Udall Foundation; (vii) recommend how best to strengthen and link antimicrobial resistance-related surveillance and prevention and control activities; and (viii) collaborate with the Assistant Secretary for Preparedness and Response to ensure that strategies to address antimicrobial-resistance are coordinated with initiatives aimed at pandemic influenza, severe acute respiratory syndrome, and bioterrorism. (B) Antimicrobial resistance task force meetings and duties (i) Meetings The Antimicrobial Resistance Task Force shall convene periodically as the Director of the Antimicrobial Resistance Task Force determines to be appropriate, but not fewer than twice a year, to consider issues relating to antimicrobial resistance. (ii) Public health action plan At least twice a year, the task force described in paragraph (1) shall have a meeting to review, discuss, and further develop the Public Health Action Plan to Combat Antimicrobial Resistance first issued by the interagency task force on antimicrobial resistance in 2001. Among other issues, the task force may discuss and review, based on current need or concern— (I) antimicrobial clinical susceptibility concentrations proposed, established, or updated by the Food and Drug Administration; (II) data obtained by government agencies and, as possible, by private sources on emerging antimicrobial resistance related to clinical outcomes as well as data related to how antimicrobial drugs may have been used inappropriately; (III) surveillance data and prevention and control activities regarding emerging antimicrobial resistance from reliable sources including the Centers for Disease Control and Prevention, the Food and Drug Administration, the Department of Defense, the Department of Veterans Affairs, the Department of Agriculture, the Environmental Protection Agency, and as feasible from private sources and international bodies; (IV) data on the amount of antimicrobial products used in humans, animals, plants, and the environment from reliable sources, including data from the Centers for Disease Control and Prevention, the Food and Drug Administration, the Environmental Protection Agency, the Department of Veterans Affairs, the Centers for Medicare & Medicaid Services, the Department of Homeland Security, and the Department of Agriculture, and as feasible from private sources and international bodies; (V) the impact of antimicrobial resistance on human health resulting from the approval of antimicrobial drugs for use in humans, animals, or plants (including consideration of and recommendations on potential management plans to limit and reduce the negative impacts of such resistance on human health and consideration of the benefits to animal health and food safety); (VI) reports of federally supported antimicrobial resistance research and antimicrobial drug, related diagnostics, and vaccine development for antimicrobial resistant infections (such as methicillin-resistant Staphylococcus aureus (MRSA)) and other research activities (including clinical, epidemiological, prevention, and trans­la­tion­al research) obtained from Federal agencies, as well as reports of research sponsored by other countries, industry, and non-governmental organizations; (VII) reports on efforts by the Food and Drug Administration to develop policies and guidance which encourage antimicrobial drug, related diagnostics, and vaccine development and appropriate use while maintaining high standards for safety and effectiveness; (VIII) quality measures, which may include health plan employer data and information set (HEDIS) measures, pertaining to appropriate use of antimicrobial drugs; and (IX) other data and issues the task force described in paragraph (1) identifies as relevant to the issue of antimicrobial resistance. (iii) Pending applications The Food and Drug Administration may consult with the Director of the Antimicrobial Resistance Office concerning the pending application of any antimicrobial drug application submitted to the Secretary under section 505 or 512 of the Federal Food, Drug, and Cosmetic Act or the Public Health Service Act. (C) Public health antimicrobial advisory board meetings and duties (i) Meetings The Public Health Antimicrobial Advisory Board shall meet as the Chair of the Public Health Antimicrobial Advisory Board determines to be appropriate, preferably in conjunction with meetings of the Antimicrobial Resistance Task Force, but not fewer than 2 times each year. (ii) Recommendations The Public Health Antimicrobial Advisory Board shall make recommendations to the Secretary, and the Antimicrobial Resistance Office, regarding— (I) ways to encourage the availability of an adequate supply of safe and effective antimicrobial products, related diagnostics, and vaccines; (II) research priorities and other measures (such as antimicrobial drug resistance management plans) to enhance the safety and efficacy of antimicrobial products; (III) how best to implement and update the goals of the Public Health Action Plan to Combat Antimicrobial Resistance; (IV) incentives necessary to establish uniform mechanisms (which could include electronic surveillance systems) and data sets for State and local reporting of resistance; (V) the adequacy of existing United States antimicrobial resistance and use surveillance; (VI) the development of a national plan for the collection and analysis of isolates of resistant pathogens, including establishing priorities as to which isolates should be collected; and (VII) areas for government, nongovernment, and international cooperation to strengthen implementation of the Public Health Action Plan to Combat Antimicrobial Resistance. (D) Availability of information The Antimicrobial Resistance Office shall ensure that all information shall be made available to the public on the website described in subparagraph (A) consistent with section 9 of the Strategies to Address Antimicrobial Resistance Act. ; (2) by amending subsection (b) to read as follows: (b) Antimicrobial resistance strategic research plan The Secretary, acting through the Director of the National Institutes of Health, working in consultation with the Director of the Centers for Disease Control and Prevention, the Assistant Secretary for Preparedness and Response, the Director of the Biomedical Advanced Research and Development Authority, the Director of the Antimicrobial Resistance Office, the Public Health Antimicrobial Advisory Board, and other non-government experts, including representatives from professional societies and the pharmaceutical, vaccine, and medical device industries, and other Federal agencies shall develop a blue-ribbon antimicrobial resistance strategic research plan that strengthens existing epidemiological, interventional, clinical, behavioral, translational, and basic research efforts to advance the understanding of— (1) the development, implementation, and efficacy of interventions to prevent and control the emergence and transmission of antimicrobial resistance; (2) how best to optimize antimicrobial effectiveness while limiting the emergence of resistance, including addressing issues related to duration of therapy, effectiveness of therapy in self-resolving diseases, and determining populations most likely to benefit from antimicrobial drugs; (3) the extent to which specific uses of antimicrobial products in humans, animals, plants, and other uses accelerates development and transmission of antimicrobial resistance; (4) the natural histories of infectious diseases (including defining the disease, diagnosis, severity, and the time course of illness); (5) the development of new therapeutics, including antimicrobial drugs, biologics, and devices against resistant pathogens, and in particular diseases for which few or no therapeutics are in development; (6) the development and testing of medical diagnostics to identify patients with infectious disease and identify the exact cause of infectious diseases syndromes, particularly with respect to the detection of pathogens resistant to antimicrobial drugs; (7) the epidemiology, pathogenesis, mechanisms, and genetics of antimicrobial resistance; and (8) the sequencing of the genomes, or other DNA analysis, or other comparative analysis of priority pathogens (as determined by the Public Health Antimicrobial Advisory Board), in collaboration with the Department of Defense and the Joint Genome Institute of the Department of Energy. ; (3) in subsection (c)— (A) by inserting acting through the Director of the Antimicrobial Resistance Office, after The Secretary, ; and (B) by striking members of the task force described in subsection (a), ; (4) in subsection (d)(1), by inserting , through the Antimicrobial Resistance Office, after The Secretary ; (5) in subsection (e)— (A) by amending the subsection heading to read as follows: Improving Uptake and Measurement of Antimicrobial Stewardship ; (B) in paragraph (1)— (i) by inserting , acting through the Director of the Antimicrobial Resistance Office, after The Secretary ; and (ii) by striking judicious use of antimicrobial drugs or control the spread of antimicrobial-resistant pathogens and inserting the uptake and measurement of antimicrobial stewardship programs in the Nation’s health care facilities ; (C) in paragraph (2), by striking laboratory ; (D) in paragraph (3), by inserting , acting through the Antimicrobial Resistance Office, after The Secretary ; and (E) by adding at the end the following new paragraphs: (4) Definition of antimicrobial stewardship For purposes of this subsection and Act, antimicrobial stewardship means coordinated interventions designed to improve and measure the appropriate use of antimicrobial agents, including promoting the use of antimicrobials only when clinically indicated, and, when antimicrobials are indicated, promoting the selection of the optimal antimicrobial drug regimen including dosing, duration of therapy, and route of administration. (5) Preference in making awards In making awards under paragraph (1), the Secretary shall give preference to eligible entities that will use grant funds to establish demonstration projects that lead to the development of quality measures for health care providers prescribing antimicrobial drugs. ; (6) by redesignating subsections (f) and (g) as subsections (i) and (j), respectively; and (7) by inserting after subsection (e) the following new subsections: (f) Appropriate antimicrobial use The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall take such additional actions as follows: (1) To pilot and test health care quality measures to help providers, facilities, and health systems measure and benchmark appropriate antimicrobial use. As appropriate, the Director shall work with standard setting organizations (such as the National Quality Forum, the Joint Commission, and the National Committee for Quality Assurance) to determine if any such measure is suitable for national quality reporting efforts. (2) To develop methods to help providers, facilities, and health systems measure and improve appropriate antimicrobial use, including methods and tools to assess the change in antimicrobial use, the impact on antibiotic resistance and adverse effects (such as Clostridium difficile infections), and the economic impact and cost savings of antimicrobial stewardship programs. (g) Collection of human antimicrobial consumption and resistance trend data (1) Antimicrobial Use Data The Director of the Centers for Disease Control and Prevention shall work with private vendors, health care organizations, pharmacy benefit managers, and other entities to obtain reliable and comparable human antimicrobial drug consumption data (including volume antimicrobial distribution data and antimicrobial use, including prescription data) by State or metropolitan area. (2) Antimicrobial Resistance Trend Data The Director of the Centers for Disease Control and Prevention shall intensify and expand their efforts to collect antimicrobial resistance data including through the establishment of an Antimicrobial Resistance Surveillance and Laboratory Network, established in section 4 of the Strategies to Address Antimicrobial Resistance Act, and development of a fully automated antimicrobial resistance and use module within the National Healthcare Safety Network. The Director shall seek to collect data from electronic medication administration reports (eMAR) and laboratory systems to produce regular reports on antimicrobial resistance patterns and antimicrobial use. (3) Meaningful Use Reporting The Office of the National Coordinator for Health Information Technology shall work with the Director of the Centers for Disease Control and Prevention to determine how best antimicrobial use, susceptibility, and resistance data can be incorporated into meaningful use reporting. (4) Report Not later than 2 years after the date of the enactment of the Strategies to Address Antimicrobial Resistance Act, and every two years thereafter, the Director of the Centers for Disease Control and Prevention shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate and make available on the agency’s website a report summarizing key trends and major issues related to antimicrobial resistance and use in the United States. Each such report shall include the most relevant and up-to-date data available from the infectious diseases and surveillance programs of the Centers for Disease Control and Prevention. Each such report shall— (A) outline major issues and threats in antimicrobial resistance facing the United States; (B) provide data on the incidence, prevalence, morbidity, mortality, and general societal burden, including economic, of antimicrobial resistant pathogens; (C) provide updates on resistance patterns and antimicrobials use data and potential impacts on human health and patient safety; (D) articulate activities of the Centers for Disease Control and Prevention targeted toward measuring and preventing the spread of drug resistant pathogens; (E) describe any international developments that may impact antimicrobial resistance in the United States; and (F) identify the major gaps that the Nation faces in the areas of antimicrobial resistance surveillance, prevention, use, and antimicrobial stewardship. (h) Ensure access to antimicrobial resistance data and research The Director of the Antimicrobial Resistance Office shall work with the Federal agencies represented on the Antimicrobial Resistance Task Force to identify relevant data and formats, and mechanisms for communicating such data to the Antimicrobial Resistance Office and Antimicrobial Resistance Task Force and, in a manner consistent with section 9 of the Strategies to Address Antimicrobial Resistance Act, with the Public Health Antimicrobial Advisory Board and the public, including relevant data obtained by the agencies through contracts with other organizations, including— (1) use and clinical outcomes data on patients receiving antimicrobial drugs for the treatment, prevention, or diagnosis of infection or infectious diseases; (2) surveillance data regarding emerging antimicrobial drug resistance and existing resistance patterns; (3) susceptibility data related to antimicrobial drug use; (4) data related to the amount of antimicrobial products used in humans, animals, plants, and the environment; (5) data from federally funded research intended to support antimicrobial drug, vaccine, and related diagnostics development; (6) data demonstrating the impact of research, surveillance, and prevention and control initiatives in understanding and controlling antimicrobial resistance; and (7) data regarding implementation and evaluation of interventions to improve antimicrobial drug prescribing practices. . 4. Antimicrobial resistance surveillance and laboratory network (a) In general The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control, shall establish at least 10 Antimicrobial Resistance Surveillance and Laboratory Network sites, building upon the intramural and extramural programs and laboratories of the Centers for Disease Control and Prevention, to intensify, strengthen, and expand the national capacity to— (1) monitor the emergence and changes in the patterns of antimicrobial resistant pathogens; (2) describe, confirm, and as necessary facilitate a response to local or regional outbreaks of resistant pathogens; (3) assess and describe antimicrobial resistance patterns to inform public health and improve prevention practices; (4) obtain isolates of pathogens, and in particular, pathogens that show new or atypical patterns of resistance adversely affecting public health; (5) study the epidemiology of infections from such pathogens; (6) evaluate commonly used antimicrobial susceptibility testing methods to improve the accuracy of resistance testing and reporting; and (7) as necessary, develop novel diagnostic tests capable of detecting new or emerging resistance in pathogens. (b) Geographic distribution The sites established under subsection (a) shall be geographically distributed across the United States. (c) Nonduplication of current national capacity The sites established under subsection (a) may be based in academic centers, health departments, and existing surveillance and laboratory sites. 5. Clinical trials network on antibacterial resistance (a) In General The Secretary, acting through the Director of the National Institute of Allergy and Infectious Diseases, shall establish a Clinical Trials Network on Antibacterial Resistance to enhance, strengthen, and expand research on clinical science, antibacterial and diagnostic development, and optimal usage strategies, and shall, at a minimum— (1) facilitate research to better understand resistance mechanisms and how to prevent, control, and treat resistant organisms; (2) advance clinical trial efforts to develop antimicrobial therapies, vaccines and diagnostics, and evaluate and optimize their usage; (3) conduct clinical research to develop natural histories of resistant infectious diseases; (4) examine patient outcomes with currently available antimicrobial therapy and validate and improve upon biomarkers and other surrogate end­points; and (5) study shorter treatment duration and early cessation of antimicrobial therapy for treatment efficacy and effect on development of resistance. (b) Leadership Group for a Clinical Research Network on Antibacterial Resistance The Secretary, acting through the Director of the National Institute of Allergy and Infectious Diseases, shall establish a Leadership Group for the Clinical Research Network on Antibacterial Resistance described in subsection (a) to develop and implement a comprehensive clinical research agenda to address antibacterial resistance that takes into consideration the recommendations contained in the Strategic Research Plan on Antimicrobial Resistance developed in accordance with section 319E of the Public Health Service Act. The Leadership Group shall provide support for the following components— (1) scientific leadership and operations; (2) network laboratories; and (3) statistical and data management. (c) Appropriations There are authorized to be appropriated from the existing budget of the National Institute of Allergy and Infectious Diseases, $100,000,000 annually for each of fiscal years 2014 through 2020 to carry out this section. 6. Regional prevention collaboratives The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall work with State health departments to support regional prevention collaboratives designed to interrupt and prevent the transmission of significant antibiotic resistant pathogens being transmitted across health care settings in a geographic region. Such regional prevention collaboratives shall work to— (1) identify significant drug resistant pathogens being transmitted across health care settings locally; (2) implement evidence-based interventions to interrupt and prevent the transmission of such pathogens; and (3) evaluate the impact of such measures on hospital readmissions, transitions of care, rates of health care associated infections, or any other relevant measures that characterize the health or economic impact of the collaboratives. 7. Prevention Epicenters To provide the regional prevention collaboratives established under section 6 with tools, strategies, and evidence-based interventions, the Director of the Centers for Disease Control and Prevention may intensify and expand academic public health partnerships through the work of the Prevention Epicenters Program of the Centers of Disease Control and Prevention. The Centers for Disease Control and Prevention and the epicenters participating in such program shall work with the regional prevention collaboratives to— (1) evaluate new and existing interventions to prevent or limit the emergence of antimicrobial resistance throughout the geographic region of the collaboratives; (2) facilitate public health research on the prevention and control of resistant organisms; and (3) assess the feasibility, cost-effectiveness, and appropriateness of surveillance and prevention programs in differing health care and institutional settings. 8. Continuation of current programs Subsection (j) of section 319E of the Public Health Service Act ( 42 U.S.C. 247d–5 ), as redesignated by section 3(6), is amended by inserting and for each of the fiscal years 2014 through 2018 after 2006 . 9. Protection of confidential and national security information Except as otherwise required by law, this Act (and the amendments made by this Act) shall not permit public disclosure of trade secrets, confidential commercial information, or material inconsistent with national security that is obtained by any person under this Act (or amendments made by this Act).

https://www.govinfo.gov/content/pkg/BILLS-113hr2285ih/xml/BILLS-113hr2285ih.xml

113-hr-2286

I 113th CONGRESS 1st Session H. R. 2286 IN THE HOUSE OF REPRESENTATIVES June 6, 2013 Ms. Roybal-Allard (for herself, Mrs. Capps , Mrs. Christensen , Ms. Lee of California , Ms. McCollum , Ms. Pingree of Maine , and Mr. Rangel ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To promote optimal maternity outcomes by making evidence-based maternity care a national priority, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Maximizing Optimal Maternity Services for the 21st Century or the MOMS for the 21st Century 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. Title I—HHS Focus on the Promotion of Optimal Maternity Care Sec. 101. Additional focus area for the Office on Women’s Health. Sec. 102. Interagency Coordinating Committee on the Promotion of Optimal Maternity Outcomes. Sec. 103. Consumer education campaign. Sec. 104. Bibliographic database of systematic reviews for care of childbearing women and newborns. Title II—Research and data collection on Maternity Care Sec. 201. Maternity care health professional shortage areas. Sec. 202. Expansion of CDC Prevention Research Centers program to include Centers on Optimal Maternity Outcomes. Sec. 203. Expanding models to be tested by Center for Medicare and Medicaid Innovation to include maternity care models. Title III—Enhancement of a Geographically, Racially, and Ethnically Diverse Interprofessional Maternity Workforce Sec. 301. Development of interprofessional maternity care educational models and tools. Sec. 302. Interprofessional training of medical students, residents, and student midwives in academic health centers and freestanding birth centers. Sec. 303. Grants to professional organizations to increase diversity in maternity care professionals. 2. Findings Congress finds the following: (1) Maternity expenditures in the United States surpass all other developed countries, but childbirth continues to carry significant risks for mothers in the United States, as demonstrated by the following: (A) More than two women die every day in the United States from pregnancy-related causes and the maternal mortality rate in the United States has roughly doubled in the past 25 years. According to data released in 2010, the maternal mortality ratio was 12.7 percent as compared to 6.6 percent in 1987. (B) More than one-third of all women who give birth in the United States (1,700,000 women each year) experience some type of complication that has an adverse effect on their health. (C) Severe complications that result in women nearly dying, known as a near miss or severe morbidity, increased by 25 percent between 1998 and 2005, to approximately 34,000 cases a year. (D) African-American women have nearly a four times greater risk of dying from pregnancy-related complications than White women, and these disparities have not improved in 50 years. (2) In spite of the considerable investment of the United States in maternity care, the United States is failing to ensure that all infants have a healthy start in life, as demonstrated by the following: (A) Despite five years of modest reduction in pre-term births between 2006 and 2011, the United States continues to lag behind most other countries in pre-term birth rates, ranking 131 out of 184 countries, according to a 2011 report by the March of Dimes and the World Health Organization. (B) The proportion of low birth weight babies increased by 21 percent between 1981 and 2008. (C) Non-Hispanic Black infants continue to experience significantly higher rates of both pre-term birth and low birthweight, two of the leading causes of infant mortality in this country. (3) Despite shortcomings in the United States statewide data collections systems, which make international comparisons more challenging, international health organizations have ranked the United States far behind almost all developed countries in important perinatal and maternal outcomes, as demonstrated by the following: (A) The World Health Organization identified 49 nations with lower rates of maternal deaths than the United States in 2008. (B) In the World Health Report 2005, the World Health Organization identified 35 nations with lower early neonatal mortality rates (4/1,000 live births) and 33 with lower neonatal mortality rates (5/1,000 live births) than the United States. (C) According to data from the Organisation for Economic Co-operation and Development (OECD), 26 countries (out of 29 reporting) had low birthweight rates lower than that of the United States. (D) 21 OECD countries (out of 27 reporting) had lower cesarean section rates than the United States. (4) Maternity care is a major component of the escalating health care costs in the United States, as demonstrated by the following: (A) With 4,000,000 deliveries yearly, the vast majority of which occur in hospitals, maternity care for mothers and their newborns is the number one reason for hospitalization in the United States, exceeding such prevalent conditions as pneumonia, cancer, fracture, and heart disease. Of those discharged from hospitals in the United States in 2009, nearly one in four were childbearing women and newborns. (B) Combined mother and baby charges for hospitalization, which was $98,000,000,000 in 2008, far exceeded charges for any other hospital condition in the United States. (5) Maternity care also accounts for a significant proportion of expenditures under the Medicaid program, which covers 42 percent of births in this country, as demonstrated by the following: (A) In 2008, 26 percent of all hospital charges for which payment was made under the Medicaid program (totaling $41,000,000,000) was for birthing women and newborns. (B) The two most common conditions for which payments were made under the Medicaid program in 2007 were pregnancy and childbirth (constituting 28 percent of such payments) and newborns (constituting 26 percent of such payments), which together accounted for 53 percent of hospital discharges billed to Medicaid. (C) The two most costly conditions for which payment was made under the Medicaid program in 2008 were mother’s pregnancy and delivery and care for newborn infants , which together accounted for 26 percent of all Medicaid expenditures. (6) Maternity care facility charges vary significantly by setting and type of birth. Part of the charge differentials between facilities are attributable to high overhead of hospitals— (A) in 2008, the average charge for a hospital cesarean birth with complications was $20,080, and without complications was $14,900; (B) in 2008, the average charge for a hospital vaginal birth with complications was $11,410, and without complications was $8,920; and (C) in 2010, the average charge for a birth center vaginal birth was $2,277. (7) The procedure-intensity of birth-related hospital stays also helps to explain the high costs of such hospital stays. In 2008, 6 of the 10 most commonly performed hospital procedures for all patients with all diagnoses involved childbirth and newborn care. Cesarean section was the most common operating room procedure. (8) Two non-invasive maternity practices, smoking cessation programs during pregnancy and external version to turn breech babies at term, have strong proven correlation with considerable improvement in outcomes with no detrimental side effects, but are significantly underused in the United States. (9) There is a growing body of evidence that other non-invasive practices which are underused in current practice may also be associated with improved outcomes. These non-invasive practices include group model prenatal care (such as the CenteringPregnancy model), continuous labor support, and non-supine positions for birth. (10) The growing shortage of maternity health care professionals and childbirth facilities is creating a serious obstacle to timely and adequate maternity health care for women, particularly in rural areas and the inner cities. (11) There are significant racial and ethnic disparities across the maternity care workforce creating additional access barriers to culturally and linguistically competent maternity services. I HHS Focus on the Promotion of Optimal Maternity Care 101. Additional focus area for the Office on Women’s Health Section 229(b) of the Public Health Service Act ( 42 U.S.C. 237a(b) ) is amended— (1) in paragraph (6), at the end, by striking and ; (2) in paragraph (7), at the end, by striking the period and inserting ; and ; and (3) by adding at the end the following new paragraph: (8) facilitate policy makers, health system leaders and providers, consumers, and other stakeholders in their understanding optimal maternity care and support for the provision of such care, including the priorities of— (A) protecting, promoting, and supporting the innate capacities of childbearing women and their newborns for childbirth, breast-feeding, and attachment; (B) using obstetric interventions only when such interventions are supported by strong, high-quality evidence, and minimizing overuse of maternity practices that have been shown to have benefit in limited situations and that can expose women, infants, or both to risk of harm if used routinely and indiscriminately, including continuous electronic fetal monitoring, labor induction, epidural analgesia, primary cesarean section, and routine repeat cesarean birth; (C) reliably incorporating non-invasive, evidence-based practices that have documented correlation with considerable improvement in outcomes with no detrimental side effects, such as smoking cessation programs in pregnancy and proven models of group prenatal care that integrate health assessment, education, and support into a unified program; (D) a shared understanding of the qualifications of licensed providers of maternity care and the best evidence about the safety, satisfaction, outcomes, and costs of their care, and appropriate deployment of such caregivers within the maternity care workforce to address the needs of childbearing women and newborns and the growing shortage of maternity caregivers; (E) a shared understanding of the results of the best available research comparing hospital, birth center, and planned home births, including information about each setting’s safety, satisfaction, outcomes, and costs; and (F) high-quality, evidence-based childbirth education that promotes a natural, healthy, and safe approach to pregnancy, childbirth, and early parenting; is taught by certified educators, peer counselors, and health professionals; and promotes informed decisionmaking by childbearing women. . 102. Interagency Coordinating Committee on the Promotion of Optimal Maternity Outcomes (a) In general Part A of title II of the Public Health Service Act (42 U.S.C. 202 et seq.) is amended by adding at the end the following new section: 229A. Interagency Coordinating Committee on the Promotion of Optimal Maternity Outcomes (a) In general The Secretary of Health and Human Services, acting through the Deputy Assistant Secretary for Women’s Health under section 229 and in collaboration with the Federal officials specified in subsection (b), shall establish the Interagency Coordinating Committee on the Promotion of Optimal Maternity Outcomes (referred to in this subsection as the ICCPOM ). (b) Other agencies The officials specified in this subsection are the Secretary of Labor, the Secretary of Defense, the Secretary of Veterans Affairs, the Surgeon General, the Director of the Centers for Disease Control and Prevention, the Administrator of the Health Resources and Services Agency, the Administrator of the Centers for Medicare & Medicaid Services, the Director of the Indian Health Service, the Administrator of the Substance Abuse and Mental Health Services Administration, the Director of the National Institute on Child Health and Development, the Director of the Agency for Healthcare Research and Quality, the Assistant Secretary for Children and Families, the Deputy Assistant Secretary for Minority Health, the Director of the Office of Personnel Management, and such other Federal officials as the Secretary of Health and Human Services determines to be appropriate. (c) Chair The Deputy Assistant Secretary for Women’s Health shall serve as the chair of the ICCPOM. (d) Duties The ICCPOM shall guide policy and program development across the Federal Government with respect to promotion of optimal maternity care, provided, however, that nothing in this section shall be construed as transferring regulatory or program authority from an Agency to the Coordinating Committee. (e) Consultations The ICCPOM shall actively seek the input of, and shall consult with, all appropriate and interested stakeholders, including State Health Departments, public health research and interest groups, foundations, childbearing women and their advocates, and maternity care professional associations and organizations, reflecting racially, ethnically, demographically, and geographically diverse communities. (f) Annual report (1) In general The Secretary, on behalf of the ICCPOM, shall annually submit to Congress a report that summarizes— (A) all programs and policies of Federal agencies (including the Medicare program under title XVIII of the Social Security Act and the Medicaid program under title XIX of such Act) designed to promote optimal maternity care, focusing particularly on programs and policies that support the adoption of evidence based maternity care, as defined by timely, scientifically sound systematic reviews; (B) all programs and policies of Federal agencies (including the Medicare program under title XVIII of the Social Security Act and the Medicaid program under title XIX of such Act) designed to address the problems of maternal mortality and morbidity, infant mortality, prematurity, and low birth weight, including such programs and policies designed to address racial and ethnic disparities with respect to each of such problems; (C) the extent of progress in reducing maternal mortality and infant mortality, low birth weight, and prematurity at State and national levels; and (D) such other information regarding optimal maternity care as the Secretary determines to be appropriate. The information specified in subparagraph (C) shall be included in each such report in a manner that disaggregates such information by race, ethnicity, and indigenous status in order to determine the extent of progress in reducing racial and ethnic disparities and disparities related to indigenous status. (2) Certain information Each report under paragraph (1) shall include information (disaggregated by race, ethnicity, and indigenous status, as applicable) on the following rates and costs by State: (A) The rate of primary cesarean deliveries and repeat cesarean deliveries. (B) The rate of vaginal births after cesarean. (C) The rate of vaginal breech births. (D) The rate of induction of labor. (E) The rate of freestanding birth center births. (F) The rate of planned and unplanned home birth. (G) The rate of attended births by provider, including by an obstetrician-gynecologist, family practice physician, obstetrician-gynecologist physician assistant, certified nurse-midwife, certified midwife, and certified professional midwife. (H) The cost of maternity care disaggregated by place of birth and provider of care, including— (i) uncomplicated vaginal birth; (ii) complicated vaginal birth; (iii) uncomplicated cesarean birth; and (iv) complicated cesarean birth. (g) Authorization of appropriations There is authorized to be appropriated, in addition to such amounts authorized to be appropriated under section 229(e), to carry out this section $1,000,000 for each of the fiscal years 2014 through 2018. . (b) Conforming amendments (1) Inclusion as duty of HHS Office on Women’s Health Section 229(b) of such Act (42 U.S.C. 237a(b)), as amended by section 101, is amended— (A) in paragraph (7), at the end, by striking and ; (B) in paragraph (8), at the end, by striking the period and inserting ; and ; and (C) by adding at the end the following new paragraph: (9) establish the Interagency Coordinating Committee on the Promotion of Optimal Maternity Outcomes in accordance with section 229A. . (2) Treatment of biennial reports Section 229(d) of such Act ( 42 U.S.C. 237a(d) ) is amended by inserting (other than under subsection (b)(9)) after under this section . 103. Consumer education campaign Section 229 of the Public Health Service Act ( 42 U.S.C. 237a ), as amended by sections 101 and 102, is further amended— (1) in subsection (b)— (A) in paragraph (8), at the end, by striking and ; (B) in paragraph (9), at the end, by striking the period and inserting ; and ; and (C) by adding at the end the following new paragraph: (10) not later than one year after the date of the enactment of the MOMS for the 21st Century Act, develop and implement a 4-year culturally and linguistically appropriate multi-media consumer education campaign to promote understanding and acceptance of evidence based maternity practices and models of care for optimal maternity outcomes among women of childbearing ages and families of such women and that— (A) highlights the importance of protecting, promoting, and supporting the innate capacities of childbearing women and their newborns for childbirth, breast-feeding, and attachment; (B) promotes understanding of the importance of using obstetric interventions when medically necessary and when supported by strong, high-quality evidence; (C) highlights the widespread overuse of maternity practices that have been shown to have benefit when used appropriately in situations of medical necessity, but which can expose women, infants, or both to risk of harm if used routinely and indiscriminately, including continuous fetal monitoring, labor induction, epidural anesthesia, elective primary cesarean section, and repeat cesarean delivery; (D) emphasizes the non-invasive maternity practices that have strong proven correlation or may be associated with considerable improvement in outcomes with no detrimental side effects, and are significantly underused in the United States, including smoking cessation programs in pregnancy, group model prenatal care, continuous labor support, non-supine positions for birth, and external version to turn breech babies at term; (E) educates consumers about the qualifications of licensed providers of maternity care and the best evidence about their safety, satisfaction, outcomes, and costs; (F) informs consumers about the best available research comparing birth center births, planned home births, and hospital births, including information about each setting’s safety, satisfaction, outcomes, and costs; (G) fosters participation in high-quality, evidence-based childbirth education that promotes a natural, healthy, and safe approach to pregnancy, childbirth, and early parenting; is taught by certified educators, peer counselors, and health professionals; and promotes informed decisionmaking by childbearing women; and (H) is pilot tested for consumer comprehension, cultural sensitivity, and acceptance of the messages across geographically, racially, ethnically, and linguistically diverse populations. . 104. Bibliographic database of systematic reviews for care of childbearing women and newborns (a) In general Not later than one year after the date of the enactment of this Act, the Secretary of Health and Human Services, through the Agency for Healthcare Research and Quality, shall— (1) make publicly available an online bibliographic database identifying systematic reviews, including an explanation of the level and quality of evidence, for care of childbearing women and newborns; and (2) initiate regular updates that incorporate newly issued and updated systematic reviews. (b) Sources To aim for a comprehensive inventory of systematic reviews relevant to maternal and newborn care, the database shall identify reviews from diverse sources, including— (1) scientific peer-reviewed journals; (2) databases, including Cochrane Database of Systematic Reviews, Clinical Evidence, and Database of Abstracts of Reviews of Effects; and (3) Internet Web sites of agencies and organizations throughout the world that produce such systematic reviews. (c) Features The database shall— (1) provide bibliographic citations for each record within the database, and for each such citation include an explanation of the level and quality of evidence; (2) include abstracts, as available; (3) provide reference to companion documents as may exist for each review, such as evidence tables and guidelines or consumer educational materials developed from the review; (4) provide links to the source of the full review and to any companion documents; (5) provide links to the source of a previous version or update of the review; (6) be searchable by intervention or other topic of the review, reported outcomes, author, title, and source; and (7) offer to users periodic electronic notification of database updates relating to users’ topics of interest. (d) Outreach Not later than the first date the database is made publicly available and periodically thereafter, the Secretary of Health and Human Services shall publicize the availability, features, and uses of the database under this section to the stakeholders described in subsection (e). (e) Consultation For purposes of developing the database under this section and maintaining and updating such database, the Secretary of Health and Human Services shall convene and consult with an advisory committee composed of relevant stakeholders, including— (1) Federal Medicaid administrators and State agencies administrating State plans under title XIX of the Social Security Act pursuant to section 1902(a)(5) of such Act (42 U.S.C. 1396a(a)(5)); (2) providers of maternity and newborn care from both academic and community-based settings, including obstetrician-gynecologists, family physicians, certified nurse midwives, certified midwives, certified professional midwives, physician assistants, perinatal nurses, pediatricians, and nurse practitioners; (3) maternal-fetal medicine specialists; (4) neonatologists; (5) childbearing women and advocates for such women, including childbirth educators certified by a nationally accredited program, representing communities that are diverse in terms of race, ethnicity, indigenous status, and geographic area; (6) employers and purchasers; (7) health facility and system leaders, including both hospital and birth center facilities; (8) journalists; and (9) bibliographic informatics specialists. (f) Authorization of appropriations There is authorized to be appropriated $2,500,000 for each of the fiscal years 2014 through 2016 for the purpose of developing the database and such sums as may be necessary for each subsequent fiscal year for updating the database and providing outreach and notification to users, as described in this section. II Research and data collection on Maternity Care 201. Maternity care health professional shortage areas Section 332 of the Public Health Service Act ( 42 U.S.C. 254e ) is amended by adding at the end the following new subsection: (k) (1) The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall designate maternity care health professional shortage areas in the States, publish a descriptive list of the area’s population groups, medical facilities, and other public facilities so designated, and at least annually review and, as necessary, revise such designations. (2) For purposes of paragraph (1), a complete descriptive list shall be published in the Federal Register not later than one year after the date of the enactment of the MOMS for the 21st Century Act and annually thereafter. (3) The provisions of subsections (b), (c), (e), (f), (g), (h), (i), and (j) (other than (j)(1)(B)) of this section shall apply to the designation of a maternity care health professional shortage area in a similar manner and extent as such provisions apply to the designation of health professional shortage areas, except in applying subsection (b)(3), the reference in such subsection to physicians shall be deemed to be a reference to nationally certified and State licensed obstetricians, family practice physicians who practice full-scope maternity care, certified nurse-midwives, certified midwives, certified professional midwives, and physician’s assistants who practice full scope maternity care. (4) For purposes of this subsection, the term maternity care health professional shortage area means— (A) an area in an urban or rural area (which need not conform to the geographic boundaries of a political subdivision and which is a rational area for the delivery of health services) which the Secretary determines has a shortage of providers of maternity care health services including those referenced in paragraph (3) or an urban or rural area that the Secretary determines has lost a significant number of such providers during the 10-year period beginning with 2004 or has no obstetrical providers licensed to provide operative obstetrical services; (B) an area in an urban or rural area (which need not conform to the geographic boundaries of a political subdivision and which is a rational area for the delivery of health services) which the Secretary determines has a shortage of hospital or labor and delivery units, hospital birth center units, or freestanding birth centers or an area that lost a significant number of these units during the 10-year period beginning with 2003; or (C) a population group which the Secretary determines has such a shortage of providers or facilities. . 202. Expansion of CDC Prevention Research Centers program to include Centers on Optimal Maternity Outcomes (a) In general Not later than one year after the date of the enactment of this Act, the Secretary of Health and Human Services, shall support the establishment of 2 additional Prevention Research Centers under the Prevention Research Center Program administered by the Centers for Disease Control and Prevention. Such additional centers shall each be known as a Center for Excellence on Optimal Maternity Outcomes. (b) Research Each Center for Excellence on Optimal Maternity Outcomes shall— (1) conduct at least one focused program of research to improve maternity outcomes, including the reduction of cesarean birth rates, elective inductions, prematurity rates, and low birth weight rates within an underserved population that has a disproportionately large burden of suboptimal maternity outcomes, including maternal mortality and morbidity, infant mortality, prematurity, or low birth weight; (2) work with partners on special interest projects, as specified by the Centers for Disease Control and Prevention and other relevant agencies within the Department of Health and Human Services, and on projects funded by other sources; and (3) involve a minimum of two distinct birth setting models, such as a hospital labor and delivery model and freestanding birth center model; or a hospital labor and delivery model and planned home birth model. (c) Interdisciplinary providers Each Center for Excellence on Optimal Maternity Outcomes shall include the following interdisciplinary providers of maternity care: (1) Obstetrician-gynecologists. (2) Certified nurse midwives or certified midwives. (3) At least two of the following providers: (A) Family practice physicians. (B) Nurse practitioners. (C) Physician assistants. (D) Certified professional midwives. (d) Services Research conducted by each Center for Excellence on Optimal Maternity Outcomes shall include at least 2 (and preferably more) of the following supportive provider services: (1) Mental health. (2) Doula labor support. (3) Nutrition education. (4) Childbirth education. (5) Social work. (6) Physical therapy or occupation therapy. (7) Substance abuse services. (8) Home visiting. (e) Coordination The programs of research at each of the two Centers of Excellence on Optimal Maternity Outcomes shall compliment and not replicate the work of the other. (f) Authorization of appropriations There is authorized to be appropriated to carry out this section $2,000,000 for each of the fiscal years 2014 through 2018. 203. Expanding models to be tested by Center for Medicare and Medicaid Innovation to include maternity care models Section 1115A(b)(2)(B) of the Social Security Act ( 42 U.S.C. 1315a(b)(2)(B) ) is amended by adding at the end the following new clause: (xxi) Promoting evidence-based models of prenatal care that have been associated with reductions in maternal and infant health disparities; incorporating the use of doula and promotoras support; and advancing out-of-hospital births, including births at home and in freestanding birth centers. . III Enhancement of a Geographically, Racially, and Ethnically Diverse Interprofessional Maternity Workforce 301. Development of interprofessional maternity care educational models and tools (a) In general Not later than 6 months after the date of the enactment of this Act, the Secretary of Health and Human Services, acting in conjunction with the Administrator of Health Resources and Services Administration, shall convene, for a 1-year period, an Interprofessional Maternity Provider Education Commission to discuss and make recommendations for— (1) a consensus standard physiologic maternity care curriculum that takes into account the core competencies for basic midwifery practice such as those developed by the American College of Nurse Midwives and the North American Registry of Midwives, and the educational objectives for physicians practicing in obstetrics and gynecology as determined by the Council on Resident Education in Obstetrics and Gynecology; (2) suggestions for multi-disciplinary use of the consensus physiologic curriculum; (3) strategies to integrate and coordinate education across maternity care disciplines, including recommendations to increase medical and midwifery student exposure to out-of-hospital birth; and (4) pilot demonstrations of interprofessional educational models. (b) Participants The Commission shall include maternity care educators, curriculum developers, service leaders, certification leaders, and accreditation leaders from the various professions that provide maternity care in this country. Such professions shall include obstetrician-gynecologists, certified nurse midwives or certified midwives, family practice physicians, nurse practitioners, physician assistants, certified professional midwives, and perinatal nurses. Additionally, the Commission shall include representation from maternity care consumer advocates. (c) Curriculum The consensus standard physiologic maternity care curriculum described in subsection (a)(1) shall— (1) have a public health focus with a foundation in health promotion and disease prevention; (2) foster physiologic childbearing and woman and family centered care; (3) integrate strategies to reduce maternal and infant morbidity and mortality; (4) incorporate recommendations to ensure respectful, safe, and seamless consultation, referral, transport, and transfer of care when necessary; and (5) include cultural sensitivity and strategies to decrease disparities in maternity outcomes. (d) Report Not later than 6 months after the final day of the summit, the Secretary of Health and Human Services shall— (1) submit to Congress a report containing the recommendations made by the summit under this section; and (2) make such report publicly available. (e) Authorization of appropriations There is authorized to be appropriated to carry out this section $1,000,000 for each of the fiscal years 2014 and 2015, and such sums as are necessary for each of the fiscal years 2016 through 2018. 302. Interprofessional training of medical students, residents, and student midwives in academic health centers and freestanding birth centers (a) Including within inpatient hospital services under Medicare services furnished by certain students, interns, and residents supervised by certified nurse midwives Section 1861(b) of the Social Security Act (42 U.S.C. 1395x(b)) is amended— (1) in paragraph (6), by striking ; or and inserting , or in the case of services in a hospital or osteopathic hospital by a student midwife or an intern or resident-in-training under a teaching program previously described in this paragraph who is in the field of obstetrics and gynecology, if such student midwife, intern, or resident-in-training is supervised by a certified nurse-midwife to the extent permitted under applicable State law and as may be authorized by the hospital; ; (2) in paragraph (7), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new paragraph: (8) a certified nurse-midwife where the hospital has a teaching program approved as specified in paragraph (6), if (A) the hospital elects to receive any payment due under this title for reasonable costs of such services, and (B) all certified nurse-midwives in such hospital agree not to bill charges for professional services rendered in such hospital to individuals covered under the insurance program established by this title. . (b) Effective date The amendments made by subsection (a) shall apply to services furnished on or after the date of the enactment of this Act. 303. Grants to professional organizations to increase diversity in maternity care professionals (a) In general The Secretary of Health and Human Services, through the Administrator of the Health Resources and Services Administration, shall carry out a grant program under which the Secretary may make to eligible health professional organizations— (1) for fiscal year 2014, planning grants described in subsection (b); and (2) for the subsequent 4-year period, implementation grants described in subsection (c). (b) Planning grants (1) In general Planning grants described in this subsection are grants for the following purposes: (A) To collect data and identify any workforce disparities, with respect to a health profession, at each of the following areas along the health professional continuum: (i) Pipeline availability with respect to students at the high school and college or university levels considering and working toward entrance in the profession. (ii) Entrance into the training program for the profession. (iii) Graduation from such training program. (iv) Entrance into practice. (v) Retention in practice for more than a 5-year period. (B) To develop one or more strategies to address the workforce disparities within the health profession, as identified under (and in response to the findings pursuant to) subparagraph (A). (2) Application To be eligible to receive a grant under this subsection, an eligible health professional organization shall submit to the Secretary of Health and Human Services an application in such form and manner and containing such information as specified by the Secretary. (3) Amount Each grant awarded under this subsection shall be for an amount not to exceed $300,000. (4) Report Each recipient of a grant under this subsection shall submit to the Secretary of Health and Human Services a report containing— (A) information on the extent and distribution of workforce disparities identified through the grant; and (B) reasonable objectives and strategies developed to address such disparities within a 5-, 10-, and 25-year period. (c) Implementation grants (1) In general Implementation grants described in this subsection are grants to implement one or more of the strategies developed pursuant to a planning grant awarded under subsection (b). (2) Application To be eligible to receive a grant under this subsection, an eligible health professional organization shall submit to the Secretary of Health and Human Services an application in such form and manner as specified by the Secretary. Each such application shall contain information on the capability of the organization to carry out a strategy described in paragraph (1), involvement of partners or coalitions, plans for developing sustainability of the efforts after the culmination of the grant cycle, and any other information specified by the Secretary. (3) Amount Each grant awarded under this subsection shall be for an amount not to exceed $500,000 each year during the 4-year period of the grant. (4) Reports For each of the first 3 years for which an eligible health professional organization is awarded a grant under this subsection, the organization shall submit to the Secretary of Health and Human Services a report on the activities carried out by such organization through the grant during such year and objectives for the subsequent year. For the fourth year for which an eligible health professional organization is awarded a grant under this subsection, the organization shall submit to the Secretary a report that includes an analysis of all the activities carried out by the organization through the grant and a detailed plan for continuation of outreach efforts. (d) Eligible health professional organization defined For purposes of this section, the term eligible health professional organization means a professional organization representing obstetrician-gynecologists, certified nurse midwives, certified midwives, family practice physicians, nurse practitioners whose scope of practice includes maternity care, physician assistants whose scope of practice includes obstetrical care, or certified professional midwives. (e) Authorization of appropriations There is authorized to be appropriated to carry out this section $2,000,000 for fiscal year 2014 and $3,000,000 for each of the fiscal years 2015 through 2018.

https://www.govinfo.gov/content/pkg/BILLS-113hr2286ih/xml/BILLS-113hr2286ih.xml

113-hr-2287

I 113th CONGRESS 1st Session H. R. 2287 IN THE HOUSE OF REPRESENTATIVES June 6, 2013 Ms. Gabbard (for herself, Ms. Hanabusa , and Mr. Young of Alaska ) 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 regarding Native Hawaiian education. 1. Short title This Act may be cited as the Native Hawaiian Education Act . 2. Findings Section 7202 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7512 ) is amended to read as follows: 7202. Findings Congress finds the following: (1) Native Hawaiians are a distinct and unique indigenous people with a historical continuity to the original inhabitants of the Hawaiian archipelago, whose society was organized as a nation and internationally recognized as a nation by the United States, the United Kingdom, France, and Japan, as evidenced by treaties governing friendship, commerce, and navigation. (2) The United States has recognized and reaffirmed that— (A) Native Hawaiians have a cultural, historic, and land-based link to the indigenous people who exercised sovereignty over the Hawaiian Islands, and that group has never relinquished its claims to sovereignty or its sovereign lands; (B) the United States furnishes services to Native Hawaiians because of their unique status as the indigenous people of a once sovereign nation with whom the United States has established a trust relationship; (C) Congress has also delegated broad authority to administer a portion of the Federal trust responsibility to the State of Hawaii; (D) the political status of Native Hawaiians is comparable to that of American Indians and Alaska Natives; and (E) the aboriginal, indigenous people of the United States have— (i) a continuing right to autonomy in their internal affairs; and (ii) an ongoing right of self-determination and self-governance that has never been extinguished. (3) The political relationship between the United States and the Native Hawaiian people has been recognized and reaffirmed by the United States, as evidenced by the inclusion of Native Hawaiians in— (A) the Native American Programs Act of 1974 ( 42 U.S.C. 2991 et seq. ); (B) Public Law 95–341 (commonly known as the American Indian Religious Freedom Act ( 42 U.S.C. 1996 )); (C) the National Museum of the American Indian Act ( 20 U.S.C. 80q et seq. ); (D) the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.); (E) the National Historic Preservation Act ( 16 U.S.C. 470 et seq. ); (F) the Native American Languages Act ( 25 U.S.C. 2901 et seq. ); (G) the American Indian, Alaska Native, and Native Hawaiian Culture and Art Development Act (20 U.S.C. 4401 et seq.); (H) the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ); and (I) the Older Americans Act of 1965 ( 42 U.S.C. 3001 et seq. ). (4) In 1993, 2005, and 2009, the Kamehameha Schools Bishop Estate released the findings of the Native Hawaiian Educational Assessment Proj­ect, which found that despite the successes of the programs established under title IV of the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988, many of the same educational needs still existed for Native Hawaiians. Subsequent reports by the Kamehameha Schools Bishop Estate and other organizations have generally confirmed those findings. For example— (A) Native Hawaiian students continue to begin their school experience lagging behind other students in terms of readiness factors such as vocabulary test scores; (B) Native Hawaiian students continue to score below national norms on standardized education achievement tests at all grade levels; (C) both public and private schools continue to show a pattern of lower percentages of Native Hawaiian students in the uppermost achievement levels and in gifted and talented programs; (D) Native Hawaiian students continue to be overrepresented among students qualifying for special education programs provided to students with learning disabilities, mild mental retardation, emotional impairment, and other such disabilities; (E) Native Hawaiians continue to be underrepresented in institutions of higher education and among adults who have completed 4 or more years of college; and (F) Native Hawaiians continue to be disproportionately represented in many negative social and physical statistics indicative of special educational needs. (5) The number of Native Hawaiian students served by the State of Hawaii Department of Education has risen from 20 percent in 1980 to 26 percent in 2008, and there are, and will continue to be, geographically rural, isolated areas with a high Native Hawaiian population density. (6) Despite the consequences of more than 100 years of nonindigenous influence, the Native Hawaiian people are determined to preserve, develop, and transmit to future generations their ancestral territory and their cultural identity, in accordance with their own spiritual and traditional beliefs, customs, practices, language, and social institutions. (7) The State of Hawaii, in the constitution and statutes of the State of Hawaii— (A) reaffirms and protects the unique right of the Native Hawaiian people to practice and perpetuate their culture and religious customs, beliefs, practices, and language; (B) recognizes the traditional language of the Native Hawaiian people as an official language of the State of Hawaii, which may be used as the language of instruction for all subjects and grades in the public school system; and (C) promotes the study of the Hawaiian culture, language, and history by providing a Hawaiian education program and using community expertise as a suitable and essential means to further the program. . 3. Purposes Section 7203 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7513 ) is amended to read as follows: 7203. Purposes The purposes of this part are— (1) to authorize, develop, implement, assess, and evaluate innovative educational programs, Native Hawaiian language medium programs, Native Hawaiian culture-based education programs, and other education programs to improve the academic achievement of Native Hawaiian students by meeting their unique cultural and language needs in order to help such students meet challenging State student academic achievement standards; (2) to provide guidance to appropriate Federal, State, and local agencies to more effectively and efficiently focus resources, including resources made available under this part, on the development and implementation of— (A) innovative educational programs for Native Hawaiians; (B) rigorous and substantive Native Hawaiian language programs; and (C) Native Hawaiian culture-based educational programs; and (3) to create a system by which information from programs funded under this part will be collected, analyzed, evaluated, reported, and used in decisionmaking activities regarding the types of grants awarded under this part. . 4. Native Hawaiian Education Council Grant Section 7204 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7514 ) is amended to read as follows: 7204. Native Hawaiian Education Council Grant (a) Grant Authorized In order to better effectuate the purposes of this part through the coordination of educational and related services and programs available to Native Hawaiians, including those programs that receive funding under this part, the Secretary shall award a grant to an education council, as described under subsection (b). (b) Education Council (1) Eligibility To be eligible to receive the grant under subsection (a), the council shall be an education council (referred to in this section as the Education Council ) that meets the requirements of this subsection. (2) Composition The Education Council shall consist of 15 members of whom— (A) 1 shall be the President of the University of Hawaii (or a designee); (B) 1 shall be the Governor of the State of Hawaii (or a designee); (C) 1 shall be the Superintendent of the State of Hawaii Department of Education (or a designee); (D) 1 shall be the chairperson of the Office of Hawaiian Affairs (or a designee); (E) 1 shall be the executive director of Hawaii’s Charter School Network (or a designee); (F) 1 shall be the chief executive officer of the Kamehameha Schools (or a designee); (G) 1 shall be the Chief Executive Officer of the Queen Liliuokalani Trust (or a designee); (H) 1 shall be a member, selected by the other members of the Education Council, who represents a private grant-making entity; (I) 1 shall be the Mayor of the County of Hawaii (or a designee); (J) 1 shall be the Mayor of Maui County (or a designee from the Island of Maui); (K) 1 shall be the Mayor of the County of Kauai (or a designee); (L) 1 shall be appointed by the Mayor of Maui County from the Island of either Molokai or Lanai; (M) 1 shall be the Mayor of the City and County of Honolulu (or a designee); (N) 1 shall be the chairperson of the Hawaiian Homes Commission (or a designee); and (O) 1 shall be the chairperson of the Hawaii Workforce Development Council (or a designee representing the private sector). (3) Requirements Any designee serving on the Education Council shall demonstrate, as determined by the individual who appointed such designee with input from the Native Hawaiian community, not less than 5 years of experience as a consumer or provider of Native Hawaiian education or cultural activities, with traditional cultural experience given due consideration. (4) Limitation A member (including a designee), while serving on the Education Council, shall not be a recipient of grant funds that are awarded under this part. (5) Term of members A member who is a designee shall serve for a term of not more than 4 years. (6) Chair, vice chair (A) Selection The Education Council shall select a Chair and a Vice Chair from among the members of the Education Council. (B) Term limits The Chair and Vice Chair shall each serve for a 2-year term. (7) Administrative provisions relating to education council The Education Council shall meet at the call of the Chair of the Council, or upon request by a majority of the members of the Education Council, but in any event not less often than every 120 days. (8) No compensation None of the funds made available through the grant may be used to provide compensation to any member of the Education Council or member of a working group established by the Education Council, for functions described in this section. (c) Use of Funds for Coordination Activities The Education Council shall use funds made available through the grant to carry out each of the following activities: (1) Providing advice about the coordination, and serving as a clearinghouse for, the educational and related services and programs available to Native Hawaiians, including the programs assisted under this part. (2) Assessing the extent to which such services and programs meet the needs of Native Hawaiians, and collecting data on the status of Native Hawaiian education. (3) Providing direction and guidance, through the issuance of reports and recommendations, to appropriate Federal, State, and local agencies in order to focus and improve the use of resources, including resources made available under this part, relating to Native Hawaiian education, and serving, where appropriate, in an advisory capacity. (4) Awarding grants, if such grants enable the Education Council to carry out the activities described in paragraphs (1) through (3). (5) Hiring an executive director who shall assist in executing the duties and powers of the Education Council, as described in subsection (d). (d) Use of Funds for Technical Assistance The Education Council shall use funds made available through the grant to— (1) provide technical assistance to Native Hawaiian organizations that are grantees or potential grantees under this part; (2) obtain from such grantees information and data regarding grants awarded under this part, including information and data about— (A) the effectiveness of such grantees in meeting the educational priorities established by the Education Council, as described in paragraph (6)(D), using metrics related to these priorities; and (B) the effectiveness of such grantees in carrying out any of the activities described in section 7205(c) that are related to the specific goals and purposes of each grantee’s grant project, using metrics related to these priorities; (3) assess and define the educational needs of Native Hawaiians; (4) assess the programs and services available to address the educational needs of Native Hawaiians; (5) assess and evaluate the individual and aggregate impact achieved by grantees under this part in improving Native Hawaiian educational performance and meeting the goals of this part, using metrics related to these goals; (6) prepare and submit to the Secretary, at the end of each calendar year, an annual report that contains— (A) a description of the activities of the Education Council during the calendar year; (B) a description of significant barriers to achieving the goals of this part; (C) a summary of each community consultation session described in subsection (e); and (D) recommendations to establish priorities for funding under this part, based on an assessment of— (i) the educational needs of Native Hawaiians; (ii) programs and services available to address such needs; (iii) the effectiveness of programs in improving the educational performance of Native Hawaiian students to help such students meet challenging State student academic achievement standards; and (iv) priorities for funding in specific geographic communities. (e) Use of Funds for Community consultations The Education Council shall use funds made available though the grant under subsection (a) to hold not less than 1 community consultation each year on each of the islands of Hawaii, Maui, Molokai, Lanai, Oahu, and Kauai, at which— (1) not less than 3 members of the Education Council shall be in attendance; (2) the Education Council shall gather community input regarding— (A) current grantees under this part, as of the date of the consultation; (B) priorities and needs of Native Hawaiians; and (C) other Native Hawaiian education issues; and (3) the Education Council shall report to the community on the outcomes of the activities supported by grants awarded under this part. (f) Funding For each fiscal year, the Secretary shall use the amount described in section 7206(d)(2), to make a payment under the grant. Funds made available through the grant shall remain available until expended. (g) Report Beginning not later than 2 years after the date of enactment of the Native Hawaiian Education Act , and for each subsequent year, the Secretary shall prepare and submit to the Committee on Education and the Workforce of the House of Representatives, and the Committee on Indian Affairs and the Committee on Health, Education, Labor, and Pensions of the Senate, a report that— (1) summarizes the annual reports of the Education Council; (2) describes the allocation and use of funds under this part and the information gathered since the first annual report submitted by the Education Council to the Secretary under this section; and (3) contains recommendations for changes in Federal, State, and local policy to advance the purposes of this part. . 5. Grant program authorized Section 7205 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7515 et seq. ) is amended to read as follows: 7205. Grant Program authorized (a) Grants and contracts In order to carry out programs that meet the purposes of this part, the Secretary is authorized to award grants to, or enter into contracts with— (1) Native Hawaiian educational organizations; (2) Native Hawaiian community-based organizations; (3) public and private nonprofit organizations, agencies, and institutions with experience in developing or operating Native Hawaiian education and workforce development programs or programs of instruction in the Native Hawaiian language; (4) charter schools; and (5) consortia of the organizations, agencies, and institutions described in paragraphs (1) through (4). (b) Priority In awarding grants and entering into contracts under this part, the Secretary shall give priority to— (1) programs that meet the educational priority recommendations of the Education Council, as described under section 7204(d)(6)(E); (2) the repair and renovation of public schools that serve high concentrations of Native Hawaiian students; (3) programs designed to improve the academic achievement of Native Hawaiian students by meeting their unique cultural and language needs in order to help such students meet challenging State student academic achievement standards, including activities relating to— (A) achieving competence in reading, literacy, mathematics, and science for students in preschool through grade 3; (B) the educational needs of at-risk children and youth; (C) professional development for teachers and administrators; (D) the use of Native Hawaiian language and preservation or reclamation of Native Hawaiian culture-based educational practices; (E) preparation for employment in fields in which Native Hawaiians are underemployed or underrepresented; and (F) other programs relating to the activities described in this part; and (4) programs in which a State educational agency, local educational agency, institution of higher education, or a State educational agency or local educational agency in partnership with an institution of higher education apply for a grant or contract under this part as part of a partnership or consortium. (c) Authorized activities Activities provided through programs carried out under this part may include— (1) the development and maintenance of a statewide Native Hawaiian early education and care system to provide a continuum of high-quality early learning services for Native Hawaiian children from the prenatal period through the age of kindergarten entry; (2) the operation of family-based education centers that provide such services as— (A) programs for Native Hawaiian parents and infants from the prenatal period through age 3; (B) early care and education programs for Native Hawaiians; and (C) research on, and development and assessment of, family-based, early childhood, and preschool programs for Native Hawaiians; (3) activities that enhance beginning reading and literacy in either the Hawaiian or the English language among Native Hawaiian students in kindergarten through grade 3 and assistance in addressing the distinct features of combined English and Hawaiian literacy for Hawaiian speakers in grades 5 and 6; (4) activities to meet the special needs of Native Hawaiian students with disabilities, including— (A) the identification of such students and their needs; (B) the provision of support services to the families of such students; and (C) other activities consistent with the requirements of the Individuals with Disabilities Education Act; (5) activities that address the special needs of Native Hawaiian students who are gifted and talented, including— (A) educational, psychological, and developmental activities designed to assist in the educational progress of such students; and (B) activities that involve the parents of such students in a manner designed to assist in the educational progress of such students; (6) the development of academic and vocational curricula to address the needs of Native Hawaiian children and adults, including curricula materials in the Hawaiian language and mathematics and science curricula that incorporate Native Hawaiian tradition and culture; (7) professional development activities for educators, including— (A) the development of programs to prepare prospective teachers to address the unique needs of Native Hawaiian students within the context of Native Hawaiian culture, language, and traditions; (B) in-service programs to improve the ability of teachers who teach in schools with high concentrations of Native Hawaiian students to meet the unique needs of such students; and (C) the recruitment and preparation of Native Hawaiians, and other individuals who live in communities with a high concentration of Native Hawaiians, to become teachers; (8) the operation of community-based learning centers that address the needs of Native Hawaiian families and communities through the coordination of public and private programs and services, including— (A) early care and education programs; (B) before- and after-school programs and weekend academies; (C) career and technical and adult education programs; and (D) programs that recognize and support the unique cultural and educational needs of Native Hawaiian children, and incorporate appropriately qualified Native Hawaiian elders and seniors; (9) activities, including program co-location, to enable Native Hawaiians to enter and complete programs of postsecondary education, including— (A) subject to subsection (f), the provision of full or partial scholarships for undergraduate or graduate study that are awarded to students based on their academic promise and financial need, with a priority, at the graduate level, given to students entering professions in which Native Hawaiians are underrepresented; (B) family literacy services; (C) counseling and support services for students receiving scholarship assistance; (D) counseling and guidance for Native Hawaiian secondary school students who have the potential to receive scholarships; (E) assistance with completing the college admissions and financial aid application processes; and (F) faculty development activities designed to promote the matriculation of Native Hawaiian students; (10) research and data collection activities to determine the educational status and needs of Native Hawaiian children and adults; (11) other research and evaluation activities related to programs carried out under this part; and (12) other activities, consistent with the purposes of this part, to meet the educational needs of Native Hawaiian children and adults. (d) Additional activities Notwithstanding any other provision of this part, funds made available to carry out this section as of the day before the date of enactment of the Native Hawaiian Education Act shall remain available until expended. The Secretary shall use such funds to support the following: (1) The development of a body of Native Hawaiian law. (2) The repair and renovation of public schools that serve high concentrations of Native Hawaiian students. (3) The perpetuation of, and expansion of access to, Hawaiian culture and history through digital archives. (4) Informal education programs that connect traditional Hawaiian knowledge, science, astronomy, and the environment through State museums or learning centers. (5) Public charter schools serving high concentrations of Native Hawaiian students. (e) Administrative costs (1) In general Except as provided in paragraph (2), not more than 5 percent of funds provided to a recipient of a grant or contract under this section for any fiscal year may be used for administrative purposes. (2) Exception The Secretary may waive the requirement of paragraph (1) for a nonprofit entity that receives funding under this section and allow not more than 10 percent of funds provided to such nonprofit entity under this section for any fiscal year to be used for administrative purposes. (f) Scholarship rule and conditions (1) Institutions outside Hawaii The Secretary shall not establish a policy under this section that prevents a Native Hawaiian student enrolled at a 2- or 4-year degree-granting institution of higher education outside of the State of Hawaii from receiving a scholarship pursuant to subsection (c)(9)(A). (2) Scholarship conditions The Secretary shall establish conditions for receipt of a scholarship awarded under subsection (c)(9)(A). The conditions shall require that an individual seeking such a scholarship enter into a contract to provide professional services to the Native Hawaiian community, either during the scholarship period or upon completion of a program of postsecondary education. . 6. Administrative provisions; authorization of appropriations Section 7206 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7516 ) is amended to read as follows: 7206. Administrative provisions (a) Application required No grant may be made under this part, and no contract may be entered into under this part, unless the entity seeking the grant or contract submits an application to the Secretary at such time, in such manner, and containing such information as the Secretary may determine to be necessary to carry out the provisions of this part. (b) Direct grant applications The Secretary shall provide a copy of all direct grant applications to the Education Council. (c) Supplement not supplant (1) In general Except as provided in paragraph (2), funds made available under this part shall be used to supplement, and not supplant, any State or local funds used to achieve the purposes of this part. (2) Exception Paragraph (1) shall not apply to any nonprofit entity or Native Hawaiian community-based organization that receives a grant or other funds under this part. (d) Authorization of appropriations (1) In general There are authorized to be appropriated to carry out this section, and sections 7204 and 7205, such sums as may be necessary for fiscal year 2014 and each of the 5 succeeding fiscal years. (2) Reservation Of the funds appropriated under this subsection, the Secretary shall reserve, for each fiscal year after the date of enactment of the Native Hawaiian Education Act not less than $500,000 for the grant to the Education Council under section 7204. (3) Availability Funds appropriated under this subsection shall remain available until expended. . 7. Definitions Section 7207 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7517 ) is amended— (1) by redesignating paragraphs (1) through (6) as paragraphs (2) through (7), respectively; and (2) by inserting before paragraph (2) (as redesignated by paragraph (1)) the following: (1) Community consultation The term community consultation means a public gathering— (A) to discuss Native Hawaiian education concerns; and (B) about which the public has been given not less than 30 days notice. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2287ih/xml/BILLS-113hr2287ih.xml

113-hr-2288

I 113th CONGRESS 1st Session H. R. 2288 IN THE HOUSE OF REPRESENTATIVES June 6, 2013 Mr. Grimm (for himself, Mr. Blumenauer , Mr. King of New York , and Mr. McGovern ) 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 modify the exclusion for transportation benefits. 1. Short title This Act may be cited as the Commuter Parity Act of 2013 . 2. Qualified transportation fringe (a) In general Subsection (f) of section 132 of the Internal Revenue Code of 1986 is amended to read as follows: (f) Qualified transportation fringe (1) In general For purposes of this section, the term qualified transportation fringe means any of the following provided by an employer to an employee: (A) Transportation in a commuter highway vehicle if such transportation is in connection with travel between the employee’s residence and place of employment. (B) Any transit pass. (C) Qualified parking. (D) Any qualified bicycle commuting reimbursement. (2) Limitation on exclusion The amount of the fringe benefits which are provided by an employer to any employee and which may be excluded from gross income under subsection (a)(5) shall not exceed— (A) $220 per month in the case of the aggregate of the benefits described in subparagraphs (A) and (B) of paragraph (1), (B) $220 per month in the case of qualified parking, and (C) $35 per month for qualified bicycle commuting reimbursement. (3) No constructive receipt No amount shall be included in the gross income of an employee solely because the employee may choose between any qualified transportation fringe and compensation which would otherwise be includible in gross income of such employee. (4) Definitions For purposes of this subsection— (A) Transit pass The term transit pass means any pass, token, farecard, voucher, or similar item entitling a person to transportation (or transportation at a reduced price) if such transportation is— (i) on mass transit facilities (whether or not publicly owned), or (ii) provided by any person in the business of transporting persons for compensation or hire if such transportation is provided in a vehicle meeting the requirements of subparagraph (B)(i). (B) Commuter highway vehicle The term commuter highway vehicle means any highway vehicle— (i) the seating capacity of which is at least 6 adults (not including the driver), and (ii) at least 80 percent of the mileage use of which can reasonably be expected to be— (I) for purposes of transporting employees in connection with travel between their residences and their place of employment, and (II) on trips during which the number of employees transported for such purposes is at least ½ of the adult seating capacity of such vehicle (not including the driver). (C) Qualified parking The term qualified parking means parking provided to an employee on or near the business premises of the employer or on or near a location from which the employee commutes to work by transportation described in subparagraph (A), in a commuter highway vehicle, or by carpool. Such term shall not include any parking on or near property used by the employee for residential purposes. (D) Transportation provided by employer Transportation referred to in paragraph (1)(A) shall be considered to be provided by an employer if such transportation is furnished in a commuter highway vehicle operated by or for the employer. (E) Employee For purposes of this subsection, the term employee includes an individual who is an employee within the meaning of section 401(c)(1). (F) Qualified bicycle commuting reimbursement For the purposes of this subsection, the term qualified bicycle commuting reimbursement means any employer reimbursement for reasonable expenses incurred by the employee for the purchase of a bicycle and bicycle improvements, repair, and storage, or bikesharing program, if such bicycle is regularly used for travel between the employee’s residence and place of employment. (5) Inflation adjustment (A) In general In the case of any taxable year beginning in a calendar year after 2014, the dollar amounts contained in paragraph (2) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting calendar year 2013 for calendar year 1992 . (B) Rounding If any increase determined under subparagraph (A) is not a multiple of $5, such increase shall be rounded to the next lowest multiple of $5. (6) Coordination with other provisions For purposes of this section, the terms working condition fringe and de minimis fringe shall not include any qualified transportation fringe (determined without regard to paragraph (2)). . (b) Conforming amendments Sections 403(b)(3)(B), 414(s)(2), 415(c)(3)(D)(ii) of such Code are each amended by striking 132(f)(4), . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr2288ih/xml/BILLS-113hr2288ih.xml

113-hr-2289

I 113th CONGRESS 1st Session H. R. 2289 IN THE HOUSE OF REPRESENTATIVES AN ACT To rename section 219(c) of the Internal Revenue Code of 1986 as the Kay Bailey Hutchison Spousal IRA. 1. Kay Bailey Hutchison Spousal IRA The heading of subsection (c) of section 219 of the Internal Revenue Code of 1986 is amended by striking Special rules for certain married individuals and inserting Kay Bailey Hutchison Spousal IRA . Passed the House of Representatives June 25, 2013. Karen L. Haas, Clerk.

https://www.govinfo.gov/content/pkg/BILLS-113hr2289eh/xml/BILLS-113hr2289eh.xml

113-hr-2290

I 113th CONGRESS 1st Session H. R. 2290 IN THE HOUSE OF REPRESENTATIVES June 6, 2013 Ms. Kaptur (for herself, Mr. Braley of Iowa , Ms. Gabbard , Ms. Wilson of Florida , Mr. Holt , Mr. Loebsack , Ms. Kuster , Mrs. Christensen , Mr. Enyart , Mr. Butterfield , and Mr. Michaud ) introduced the following bill; which was referred to the Committee on Agriculture , and in addition to the Committees on Oversight and Government Reform , Science, Space, and Technology , and the Budget , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Farm Security and Rural Investment Act of 2002 to improve energy programs. 1. Short title This Act may be cited as the Rural Energy Investment Act of 2013 . 2. Findings Congress finds that— (1) production of energy from domestic sources offers considerable economic and energy security benefits to the United States, including enduring and desirable jobs; (2) the agricultural and forestry sectors of the United States offer significant potential for production of renewable energy; (3) both renewable energy production and adoption of energy efficiency offer considerable environmental benefits; and (4) investments in energy efficiency projects and renewable energy systems in rural areas of the United States provide very significant energy security, economic, and environmental benefits to the entire United States in addition to the rural area benefits. 3. Definitions Section 9001 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8101 ) is amended— (1) in paragraph (6)— (A) in subparagraph (C), by striking or ; (B) in subparagraph (D), by striking the period at the end and inserting ; or ; and (C) by adding at the end the following: (E) renewable chemicals. ; (2) in paragraph (7), by striking subparagraph (A) and inserting the following: (A) converts renewable biomass into biofuels, renewable chemicals, or biobased products; and ; (3) in paragraph (11), by striking or compound and inserting , compound, or renewable chemical ; (4) by redesignating paragraphs (13) and (14) as paragraphs (14) and (15), respectively; and (5) by inserting after paragraph (12) the following: (13) Renewable chemical The term renewable chemical means a monomer, polymer, plastic, formulated product, or chemical substance produced from renewable biomass. . 4. Biobased markets program Section 9002 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8102 ) is amended— (1) in subsection (a)— (A) in paragraph (3), by adding at the end the following: (F) Biobased product designations Not later than 1 year after the date of enactment of this subparagraph, the Secretary shall— (i) begin to designate intermediate ingredients, feedstocks, and complex products in the guidelines issued under this paragraph; and (ii) develop a recommendation for the designation of complex and finished biobased products in those guidelines. (G) Changes in procurement mechanisms (i) Electronic product procurement catalogs The Secretary shall work with relevant officials in agencies that have electronic product procurement catalogs to identify and implement solutions to increase the visibility of biobased and other sustainable products. (ii) Agency-specific product specifications (I) In general Not later than 1 year after the date of enactment of this subparagraph and every 4 years thereafter, the Secretary, in coordination with other appropriate officials, shall work with the senior sustainability officer of each agency that has established agency-specific product specifications to review and revise the product specifications to ensure that, to the maximum extent practicable, the product specifications— (aa) require the use of sustainable products, including biobased products designated in accordance with this section; and (bb) do not contain any language prohibiting the use of biobased products. (II) Report Results of the reviews conducted under subclause (I) shall be reported annually to the Office of Management and Budget, the Office of Science and Technology Policy, and the appropriate committees of Congress. (H) Reporting (i) In general Not later than 1 year after the date of enactment of this subparagraph, the Administrator of General Services shall implement a system for service and construction contractors to report annual purchases of biobased products under Federal Government contracts. (ii) Relationship to other reporting systems The system under clause (i) may be incorporated as an element of 1 or more other contractor reporting systems. ; and (B) by adding at the end the following: (5) Compliance The Secretary may take such action as the Secretary determines to be necessary— (A) to determine the compliance rate among Federal agencies in buying designated biobased products; and (B) to determine whether vendor and contractor claims about biobased products meeting item designation definitions and minimum required biobased content are accurate. ; (2) in subsection (b)(3)— (A) by striking The Secretary and inserting the following: (A) In general The Secretary ; and (B) by adding at the end the following: (B) Auditing and compliance The Secretary may carry out such auditing and compliance activities as the Secretary determines to be necessary to ensure compliance with subparagraph (A), including the imposition of a civil penalty of not more than $10,000 on a person who misuses the label and, after receiving a notice of violation, fails to take action to correct the misuse described in the notice. ; (3) by redesignating subsections (d) through (h) as subsections (f) through (j), respectively; (4) by inserting after subsection (c) the following: (d) Outreach, education, and promotion (1) In general The Secretary shall carry out a program of outreach, education, and promotion activities intended to increase knowledge, awareness, and benefits of biobased products. (2) Authorized activities In carrying out this subsection, the Secretary, at a minimum, shall— (A) not later than 1 year after the date of enactment of this paragraph, update all existing BioPreferred and related sustainable acquisition training materials of the Department; (B) work cooperatively with the senior sustainability officers and chief acquisition officers of Federal agencies to immediately implement such BioPreferred program agency education and outreach programs as are necessary to meet the requirements of this section; (C) work actively with groups that support employment for the blind or disabled, such as the Committee for Purchase From People Who Are Blind or Severely Disabled, to promote education and outreach regarding BioPreferred AbilityOne products to— (i) program, technical, and contracting personnel; and (ii) Federal agency purchase card holders; (D) conduct consumer education and outreach (including consumer and awareness surveys); (E) conduct outreach to and support for State and local governments interested in implementing biobased purchasing programs; (F) partner with industry and nonprofit groups to produce educational and outreach materials and conduct educational and outreach events; (G) sponsor special conferences and events to bring together buyers and sellers of biobased products; and (H) support pilot and demonstration projects. (e) Forest Products Laboratory coordination In determining whether products are eligible for the USDA Certified Biobased Product label, the Secretary (acting through the Forest Products Laboratory) shall— (1) review and approve forest-related products for which an application is submitted for the program; (2) expedite the approval of innovative products resulting from technology developed by the Forest Products Laboratory or partners of the Laboratory; and (3) provide appropriate technical assistance to applicants, as determined by the Secretary. ; (5) in subsection (i) (as redesignated by paragraph (3)), by adding at the end the following: (3) Jobs creation research and report Not later than 2 years after the date of enactment of this paragraph, the Secretary shall carry out a study, and submit to the President and the appropriate committees of Congress a report, on job creation and the economic impact associated with the biobased product industry, including— (A) the number of jobs in the United States originating from the biobased product industry annually over the preceding 10 years, including the job changes in specific sectors; (B) the dollar value of the domestic biobased products industry at the time of the report, including intermediates, feedstocks, and finished products, but excluding biofuels; (C) a forecast for biobased job creation potential over the next 10 years; (D) a forecast for growth in the biobased industry over the next 10 years; and (E) jobs data for both biofuels and biobased products, with data generated separately for each category. ; and (6) in subsection (j) (as redesignated by paragraph (3))— (A) in paragraph (1)— (i) in subparagraph (A), by striking and at the end; (ii) in subparagraph (B), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (C) $4,000,000 for each of fiscal years 2014 through 2018. ; and (B) in paragraph (2), by inserting and $4,000,000 for each of fiscal years 2014 through 2018 before the period at the end. 5. Biorefinery assistance Section 9003 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8103 ) is amended— (1) in subsection (a), in the matter preceding paragraph (1), by inserting , renewable chemicals, or biobased products after biofuels ; (2) in subsection (b)(2), by inserting , a renewable chemical, or a biobased product after biofuel each place it appears in subparagraphs (A) and (B); (3) in subsection (c)(1), by inserting , renewable chemicals, or biobased products after biofuels ; (4) in subsection (d)(2)(C)— (A) in clause (i), by inserting , renewable chemical, or biobased product after biofuel ; and (B) in clause (iii), by inserting , renewable chemicals, or biobased products after biofuels ; (5) in subsection (e)(1)(C)— (A) in clause (i), by inserting , renewable chemical, or biobased product after biofuel ; and (B) in clauses (iii) and (vii), by inserting , renewable chemicals, or biobased products after biofuels each place it appears; and (6) in subsection (h)— (A) in paragraph (1)— (i) in subparagraph (A), by striking and at the end; (ii) in subparagraph (B), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (C) $75,000,000 for each of fiscal years 2014 through 2018. ; (B) in paragraph (2), by inserting and $75,000,000 for each of fiscal years 2014 through 2018 before the period at the end; and (C) by adding at the end the following: (3) Limitation Of the funds made available under this subsection, at least 75 percent for each fiscal year shall be made available for the manufacture of advanced biofuels. . 6. Biodiesel fuel education program Section 9006 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8106 ) is amended by striking subsection (d) and inserting the following: (d) Funding (1) Mandatory funding Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $1,000,000 for each of fiscal years 2014 through 2018, to remain available until expended. (2) Discretionary funding In addition to any other funds made available to carry out this section, there is authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 2014 through 2018. . 7. Rural Energy for America Program Section 9007 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8107 ) is amended— (1) in subsection (b)(2)— (A) in subparagraph (C), by striking and at the end; (B) by redesignating subparagraph (D) as subparagraph (E); and (C) by inserting after subparagraph (C) the following: (D) a nonprofit organization; and ; (2) in subsection (c)— (A) by striking paragraph (1) and inserting the following: (1) Loan guarantee and grant program (A) In general In addition to any similar authority, the Secretary shall provide loan guarantees and grants to agricultural producers and rural small businesses— (i) to purchase renewable energy systems, including— (I) systems that may be used to produce and sell electricity, such as for agricultural, and associated residential, purposes; and (II) unique components of renewable energy systems; and (ii) to make energy efficiency improvements. (B) Application process (i) In general In carrying out this subsection, the Secretary shall establish a multi-tiered application process that varies based on the cost of the proposed project. (ii) Simplification The multi-tiered process shall ensure that applications are most simplified for the projects with the lowest project costs. (iii) Requirements for wind turbine projects Each application for a loan guarantee or grant under this paragraph for a project that includes the purchase of a wind turbine shall include— (I) with respect to an application seeking a loan guarantee or grant of less than $20,000, a small turbine safety standards certification from an accredited certification body; and (II) with respect to an application seeking a loan guarantee or grant of $20,000 or more, a power performance and acoustic certification from an accredited certification body. ; (B) in paragraph (2)— (i) in the matter preceding subparagraph (A)— (I) by striking amount and inserting priority ; and (II) by striking section and inserting subsection ; (ii) in subparagraph (A), by inserting and the type of energy efficiency improvement to be made so as to ensure that the program supports a diversity of technologies across the United States before the semicolon at the end; (iii) in subparagraph (C)— (I) by inserting and public health before benefits ; and (II) by inserting and energy efficiency improvements before the semicolon at the end; and (iv) by striking paragraph (F) and inserting the following: (F) the natural resource conservation benefits of the renewable energy system; ; (C) in paragraph (3)— (i) in subparagraph (B), by striking The Secretary and inserting the following: (i) In general The Secretary ; (ii) by adding at the end the following: (ii) Maximum grant amount (I) In general Except as provided in subclause (II), the amount of a grant under this paragraph shall not exceed the lesser of $100,000 or 50 percent of the cost of the activity carried out using funds from the grant. (II) Socially disadvantaged farmer or rancher In the case of an agricultural producer who is a socially disadvantaged farmer or rancher (as defined in section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 2279(e) )), the amount of a grant under this paragraph shall not exceed the lesser of $100,000 or 75 percent of the cost of the activity carried out using funds from the grant. ; and (iii) by striking subparagraph (C); (D) in paragraph (4)— (i) by striking subparagraph (A) and inserting the following: (A) Grants Subject to subparagraph (B), the amount of a grant under this subsection shall not exceed the lesser of— (i) 25 percent of the cost of the activity carried out using funds from the grant; or (ii) as applicable— (I) if the project is for energy efficiency improvements, $250,000; or (II) if the project is for a renewable energy system, $500,000. ; and (ii) in subparagraph (C), by striking 75 percent of the cost and inserting all eligible costs ; and (E) by adding at the end the following: (5) Requirement In carrying out this section, the Secretary shall not require a second meter for on-farm residential portions of rural projects connected to the grid. ; (3) in subsection (e)(2), strike June 30 of each fiscal year and insert a date to be determined each fiscal year by the Secretary ; (4) in subsection (f)— (A) by striking Not later and inserting the following: (1) In general Not later ; and (B) by adding at the end the following: (2) Subsequent report Not later than 4 years after the date of enactment of this paragraph, the Secretary shall submit to Congress a report on activities carried out under this section, including the outcomes achieved by projects funded under this section. ; and (5) in subsection (g)— (A) in paragraph (1)— (i) in subparagraph (C), by striking and at the end; (ii) in subparagraph (D), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (E) $70,000,000 for each of fiscal years 2014 through 2018; ; (B) in paragraph (2)(B), strike April 1 of each fiscal year and insert the date determined each fiscal year by the Secretary ; and (C) in paragraph (3), by inserting and $70,000,000 for each of fiscal years 2014 through 2018 before the period at the end. 8. Biomass research and development Section 9008 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8108 ) is amended— (1) by striking biofuels and each place it appears in subsections (b), (c)(3), (d)(2)(A), (e), and (g)(2) and inserting biofuels, renewable chemicals, and ; (2) in subsection (e)— (A) in paragraph (2)— (i) in subparagraph (A)— (I) by striking at prices competitive with fossil fuels and inserting , renewable chemicals, and biobased products ; and (II) by inserting and after the semicolon at the end; (ii) by striking subparagraph (B); (iii) by redesignating subparagraph (C) as subparagraph (B); and (iv) in subparagraph (B) (as so redesignated), by inserting renewable chemicals, after bioenergy, ; (B) in paragraph (3)— (i) in subparagraph (B)— (I) in the subparagraph heading, by inserting , renewable chemicals, after biofuels ; and (II) in clause (i), by striking cellulosic ; and (ii) in subparagraph (C)— (I) in the heading, by striking Biofuels development ; and (II) in clause (ii), by inserting , renewable chemical, or biobased product after biofuel ; (C) by striking paragraph (4); (D) by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively; and (E) in paragraph (4) (as redesignated by subparagraph (D))— (i) by redesignating subparagraphs (F) and (G) as subparagraphs (G) and (H), respectively; and (ii) by inserting after subparagraph (E) the following: (G) a tribal organization (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)); ; and (3) in subsection (h)— (A) in paragraph (1)— (i) in subparagraph (C), by striking and at the end; (ii) in subparagraph (D), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (E) $30,000,000 for each of fiscal years 2014 through 2018. ; and (B) in paragraph (2), by inserting and $30,000,000 for each of fiscal years 2014 through 2018 before the period at the end. 9. Rural energy self-sufficiency initiative Section 9009(d) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8109(d) ) is amended by inserting and $10,000,000 for each of fiscal years 2014 through 2018 before the period at the end. 10. Feedstock flexibility program for bioenergy producers Section 9010(b) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8110(b) ) is amended— (1) in paragraph (1)(A), by striking 2013 and inserting 2018 ; and (2) in paragraph (2)(A), by striking 2013 and inserting 2018 . 11. Biomass crop assistance program Section 9011 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8111 ) is amended— (1) in subsection (a)— (A) in paragraph (4)(B)(ii), by striking or has the potential to become invasive or noxious ; (B) in paragraph (5)— (i) in subparagraph (B), in the matter preceding clause (i), by striking The term and inserting Except as provided in subparagraph (C), the term ; and (ii) by adding at the end the following: (C) Certain conservation programs Land described in clause (iii), (iv), or (v) of subparagraph (B) may be prepared for biomass production before October 1 of the current fiscal year, as determined by the Secretary, if a contract described in that clause that covers the land will expire at the end of the current fiscal year. ; and (C) by adding at the end the following: (9) Qualifying eligible material The term qualifying eligible material means an eligible material, including residue from crops described in paragraph (6)(B)(i), that before transport and delivery to the biomass conversion facility— (A) is collected or harvested by the eligible material owner— (i) directly from— (I) National Forest System land; (II) Bureau of Land Management land; (III) non-Federal land; or (IV) land belonging to an Indian or Indian tribe that is held in trust by the United States or subject to a restriction against alienation imposed by the United States; and (ii) in accordance with— (I) applicable law and land management plans; (II) a conservation, forest stewardship, or equivalent plan, as determined by the Secretary; (III) Executive Order 13112 ( 42 U.S.C. 4321 note; relating to invasive species); and (IV) if harvested from Federal land, the requirements for old growth forest maintenance, restoration, and management direction provided by section 102 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6512 ) for Federal land; and (B) if woody, is removed as a byproduct of preventive treatments to— (i) reduce hazardous fire fuels; (ii) reduce or contain disease or insect infestation; (iii) reduce or contain invasive species; or (iv) improve ecosystem health in accordance with a landscape scale strategy, as determined by the Secretary. ; (2) in subsection (c)— (A) in paragraph (2)(B)— (i) in clause (vii)— (I) in subclause (II), by striking and at the end; (II) in subclause (III), by adding and at the end; and (III) by adding at the end the following: (IV) geographic and feedstock diversity of the proposed BCAP project area as compared with existing BCAP project areas; ; (ii) in clause (viii), by striking and at the end; (iii) by redesignating clause (ix) as clause (x); and (iv) by inserting after clause (viii) the following: (ix) the prospects for significant producer participation; and ; (B) in paragraph (3)(C)(ii), by striking 15 and inserting 7 ; and (C) in paragraph (5)— (i) in subparagraph (B)— (I) in the matter preceding clause (i), by striking the amount and inserting Except as provided in subparagraph (D), the amount ; and (II) by striking 75 percent and inserting 50 percent ; and (ii) by adding at the end the following: (D) Beginning, socially disadvantaged, and geographically disadvantaged farmers or ranchers In the case of a beginning, socially disadvantaged, or geographically disadvantaged farmer or rancher (as determined by the Secretary), the amount of an establishment payment under this subsection shall be up to 75 percent of the costs of establishing an eligible perennial crop covered by the contract, including the costs described in clauses (i) through (iii) of subparagraph (B). ; (3) in subsection (d)— (A) in paragraph (1), by inserting qualifying before eligible material both places it appears; (B) in paragraph (2)(B)— (i) by striking paragraph (3) and inserting paragraph (4) ; and (ii) by striking $45 per ton for a period of 2 years and inserting $25 per ton for a period of up to 3 years ; (C) by redesignating paragraph (3) as paragraph (4); and (D) by inserting after paragraph (2) the following: (3) Limitation on assistance with collection, harvest, storage, and transportation To ensure effective administration of this subsection, the Secretary may— (A) require such documentation from producers or persons seeking payments as the Secretary considers necessary; (B) establish limits on the total number and amounts of payments received by any producer or person under this subsection; and (C) implement any additional requirements the Secretary determines necessary. ; and (4) by striking subsection (f) and inserting the following: (f) Funding (1) Mandatory funding Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $75,000,000 for each of fiscal years 2014 through 2018, of which not more than $15,000,000 for each fiscal year may be used for collection, harvest, storage, and transportation. (2) Discretionary funding In addition to any other funds made available to carry out this section, there is authorized to be appropriated to carry out this section $75,000,000 for each of fiscal years 2014 through 2018 . 12. Forest biomass for energy Section 9012(d) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8112(d) ) is amended by striking 2012 and inserting 2018 . 13. Community wood energy program Section 9013 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8113 ) is amended— (1) by redesignating subsection (e) as subsection (f); (2) by inserting after subsection (d) the following: (e) Mandatory funding Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $10,000,000 for each of fiscal years 2014 through 2018. ; and (3) in subsection (f) (as redesignated by paragraph (1)), by striking 2013 and inserting 2018 . 14. Budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.

https://www.govinfo.gov/content/pkg/BILLS-113hr2290ih/xml/BILLS-113hr2290ih.xml

113-hr-2291

I 113th CONGRESS 1st Session H. R. 2291 IN THE HOUSE OF REPRESENTATIVES June 6, 2013 Mrs. Carolyn B. Maloney of New York (for herself and Ms. Wilson of Florida ) 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 450 Lexington Avenue in New York, New York, as the Vincent R. Sombrotto Post Office . 1. Vincent R. Sombrotto Post Office (a) Designation The facility of the United States Postal Service located at 450 Lexington Avenue in New York, New York, shall be known and designated as the Vincent R. Sombrotto Post Office . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Vincent R. Sombrotto Post Office .

https://www.govinfo.gov/content/pkg/BILLS-113hr2291ih/xml/BILLS-113hr2291ih.xml

113-hr-2292

I 113th CONGRESS 1st Session H. R. 2292 IN THE HOUSE OF REPRESENTATIVES June 6, 2013 Mr. Markey introduced the following bill; which was referred to the Committee on Agriculture A BILL To provide for greater regulation of high frequency trading of commodities futures and options and greater protection for derivatives traders and trading facilities, and for other purposes. 1. Short title This Act may be cited as the Protection from Rogue Oil Traders Engaging in Computerized Trading Act or the PROTECT Act . 2. Requirements applicable to high frequency traders of commodity futures and options (a) In general The Commodity Exchange Act ( 7 U.S.C. 1 et seq. ) is amended by inserting after section 4t the following: 4u. Requirements applicable to high frequency traders (a) Registration It shall be unlawful for any person to engage in an activity that the Commission has defined in regulations as high frequency trading, unless the person has registered with the Commission (in such form, in such manner, and providing such information as the Commission shall prescribe) as a high frequency trader, and the registration has not expired or been suspended or revoked. (b) Other requirements A registered high frequency trader shall— (1) test all computer programs and algorithms used by the trader in any high frequency trading activity and determine whether the programs and algorithms are functioning properly, in such manner and with such frequency as the Commission shall prescribe in regulations; (2) establish and document high frequency trading system safeguards reasonably designed to ensure the proper function of all programs and algorithms used by the high frequency trader including conditions and parameters relating to the automatic termination, pausing, or cancellation of the trader’s messaging or trading activity, maximum message and trade execution rates and order sizes, intra-day risk position limits, and market and trade monitoring systems that are appropriate for ensuring compliance with the system safeguards, including systems designed to monitor market volatility and the trader’s risk position on an intra-day basis; (3) shall not simultaneously purchase and sell through the same or different accounts the same commodity contract, agreement, or transaction, unless the simultaneous purchases and sales are of a de minimis quantity and are reported to the Commission periodically, in a form and manner to be determined by the Commission; (4) submit to the Commission semiannual reports on the high frequency trading activities of the trader during the period covered by the report, in such form, in such manner, and containing such information as the Commission may require, signed by the chief executive officer (or equivalent officer) of the trader; and (5) conform with such business conduct standards as may be prescribed by the Commission by rule or regulation that relate to— (A) fraud, manipulation, and other abusive or disruptive practices, and other practices that may affect market integrity involving high frequency traders (including high frequency trades that are offered but not entered into); and (B) such other matters as the Commission may determine are appropriate in the public interest or otherwise in furtherance of the purposes of this Act, including information necessary to develop a classification scheme and public reports relating to high frequency traders and trading activity and sub-categories thereto. . (b) Deadline for issuance of rules defining high frequency trading Within 9 months after the date of the enactment of this Act, the Commodity Futures Trading Commission shall prescribe final regulations defining the activities that shall be considered to be high frequency trading for purposes of section 4u of the Commodities Exchange Act. 3. Fine for high frequency trading violation required to be based on the duration of the violation Section 9 of the Commodity Exchange Act ( 7 U.S.C. 13 ) is amended by adding at the end the following: (f) Fine for high frequency trading violation required To be based on the duration of the violation The amount of a fine imposed under this Act with respect to a violation of a high frequency trading regulation shall be determined on the basis of the number of seconds, including fractions of seconds, during which the violation continued. . 4. Civil penalties under the Commodity Exchange Act (a) Authority of the Commodity Futures Trading Commission To define meaning of each violation Section 9 of the Commodity Exchange Act ( 7 U.S.C. 13 ), as amended by section 3 of this Act, is amended by adding at the end the following: (g) Authority To define scope of violation The Commission may define the scope of any violation for purposes of determining the number of violations involved in any case arising under this Act. . (b) Enforcement powers of the commission Section 6 of such Act is amended— (1) in paragraph (10) of subsection (c) ( 7 U.S.C. 9 ), by striking subparagraph (C) and inserting the following: (C) assess such person— (i) a civil penalty of not more than an amount equal to the greater of— (I) $1,000,000, in the case of a person who is an individual, for each violation; (II) $10,000,000, in the case of any person other than an individual, for each violation; (III) triple the monetary gain to the person and all other persons acting in concert with the person, for each such violation; or (IV) triple the total amount of losses to persons proximately caused by each such violation; or (ii) a civil penalty of triple the maximum amount otherwise available under clause (i) if the person, within 5 years preceding the violation, has been— (I) found in a proceeding brought by the Commission, or by agreement of settlement to which the Commission is a party, to have recklessly or willfully violated any provision of this Act or of the rules, regulations, or orders of the Commission thereunder; or (II) convicted of any criminal offense that involves a violation of this Act or of the rules, regulations, or orders of the Commission thereunder; and ; (2) in subsection (d) ( 7 U.S.C. 13b )— (A) by inserting (1) after (d) ; (B) by striking $140,000 or triple the monetary gain to such person, and inserting (A) $1,000,000, in the case of a person who is an individual, for each violation, (B) $10,000,000, in the case of any person other than an individual, for each violation, (C) triple the monetary gain to the person and all other persons acting in concert with the person, for each such violation, or (D) triple the total amount of losses to persons proximately caused by each such violation, ; and (C) by striking the period and inserting ; and ; and (D) by adding after and below the end the following: (2) (A) A person shall be held liable for a civil penalty in triple the amount otherwise available for a violation under this subsection if the person, within 5 years preceding such violation, has been— (i) found in a proceeding brought by the Commission, or by agreement of settlement to which the Commission is a party, to have recklessly or willfully violated any provision of this Act or the rules, regulations, or orders of the Commission thereunder; or (ii) convicted of any criminal offense that involves violation of this Act or the rules, regulations, or orders of the Commission thereunder. . (c) Nonenforcement of rules of government or other violations Section 6b of such Act ( 7 U.S.C. 13a ) is amended in the 1st sentence— (1) by striking $500,000 for each such violation, or, in any case of manipulation or attempted manipulation in violation of section 6(c), 6(d), or 9(a)(2), a civil penalty of not more than $1,000,000 for each such violation and inserting (A) $1,000,000, in the case of a person who is an individual, for each violation, (B) $10,000,000, in the case of any person other than an individual, for each violation, (C) triple the monetary gain to the person and all other persons acting in concert with the person, for each such violation, or (D) triple the total amount of losses to persons proximately caused by each such violation, and such civil penalty shall be assessed for each violation on which a failure to enforce or other violation occurs or has occurred; provided that a registered entity, director, officer, agent, or employee shall be assessed a civil penalty of triple the amount otherwise available if the person, within 5 years of such violation, has been found in a proceeding brought by the Commission, or by agreement of settlement to which the Commission is a party, to have recklessly or willfully violated any provision of this Act or the rules, regulations, or orders of the Commission thereunder, or convicted of any criminal offense that involves a violation of this Act or the rules, regulations, or orders of the Commission thereunder . (d) Action To enjoin or restrain violations Section 6c(d) of such Act (7 U.S.C. 13a–1(d)) is amended— (1) in paragraph (1), by inserting a civil penalty in the amount of after violation ; and (2) by striking subparagraphs (A) and (B) of paragraph (1) and inserting the following: (A) not more than the greater of— (i) “$1,000,000, in the case of a person who is an individual, for each violation; (ii) $10,000,000, in the case of any person other than an individual, for each violation; (iii) triple the monetary gain to the person and all other persons acting in concert with the person, for each such violation; or (iv) triple the total amount of losses by persons proximately caused by each such violation; or (B) triple the maximum amount otherwise available under subparagraph (A) if the person, within 5 years preceding the violation, has been— (i) found in a proceeding brought by the Commission, or by agreement of settlement to which the Commission is a party, to have recklessly or willfully violated any provision of this Act or of the rules, regulations, or orders of the Commission thereunder; or (ii) convicted of any criminal offense that involves a violation of this Act or of the rules, regulations, or orders of the Commission thereunder. . (e) Criminal penalties Section 9(a) of such Act ( 7 U.S.C. 13(a) ) is amended by inserting in the case of an individual or $10,000,000 in the case of any person other than an individual, for each violation, after $1,000,000 . (f) Statute of limitations Section 9 of such Act ( 7 U.S.C. 13 ) is amended by adding at the end the following: (f) Statute of limitations An action, suit or proceeding for the enforcement of any civil fine, penalty, or forfeiture, pecuniary or otherwise, shall not be entertained unless commenced within 10 years after the date when the claim first accrued if, within the same period, the offender or the property is found within the United States in order that proper service may be made thereon. . 5. Effective dates (a) Requirements applicable to high frequency traders The amendment made by section 2(a) shall take effect on the date that is 9 months after the date of the enactment of this Act. (b) Penalties provisions The amendments made by sections 3 and 4 shall take effect on the date that is 15 days after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2292ih/xml/BILLS-113hr2292ih.xml

113-hr-2293

I 113th CONGRESS 1st Session H. R. 2293 IN THE HOUSE OF REPRESENTATIVES June 6, 2013 Ms. Matsui (for herself and Mr. LaMalfa ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend the Flood Control Act of 1970 with respect to credit for in-kind contributions, and for other purposes. 1. Short title This Act may be cited as the Flood Control Credit Act of 2013 . 2. Transfer of excess work-in-kind credit (a) In general Subject to subsection (b), the Secretary of the Army may apply credit for in-kind contributions provided by a non-Federal interest that is in excess of the required non-Federal cost-share for a water resources study or project, including credit for in-kind contributions provided to accelerate completion of a water resources study or project, toward the required non-Federal cost-share for a different water resources study or project. (b) Restrictions (1) In general Except for subsection (a)(4)(D)(i) of that section, the requirements of section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b) (as amended by section 3 of this Act) shall apply to any credit under this section. (2) Conditions Credit in excess of the non-Federal cost-share for a study or project may be approved under this section only if— (A) the non-Federal interest submits a comprehensive plan to the Secretary that identifies— (i) the studies and projects for which the non-Federal interest intends to provide in-kind contributions for credit that is in excess of the non-Federal cost share for the study or project; and (ii) the studies and projects to which that excess credit would be applied; (B) the Secretary approves the comprehensive plan; and (C) the total amount of credit does not exceed the total non-Federal cost-share for the studies and projects in the approved comprehensive plan. (c) Additional criteria In evaluating a request to apply credit in excess of the non-Federal cost-share for a study or project toward a different study or project, the Secretary shall consider whether applying that credit will— (1) help to expedite the completion of a project or group of projects; (2) reduce costs to the Federal Government; and (3) aid the completion of a project that provides significant flood risk reduction or environmental benefits. (d) Report (1) Deadlines (A) In general Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate an interim report on the use of the authority under this section. (B) Final report Not later than 5 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a final report on the use of the authority under this section. (2) Inclusions The reports described in paragraph (1) shall include— (A) a description of the use of the authority under this section during the reporting period; (B) an assessment of the impact of the authority under this section on the time required to complete projects; and (C) an assessment of the impact of the authority under this section on other water resources projects. 3. Credit for in-kind contributions (a) In general Section 221(a)(4) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)) is amended— (1) in subparagraph (A), in the matter preceding clause (i) by inserting or a project under an environmental infrastructure assistance program after law ; (2) in subparagraph (C), by striking In any case and all that follows through the period at the end and inserting the following: (i) Construction (I) In general In any case in which the non-Federal interest is to receive credit under subparagraph (A) for the cost of construction carried out by the non-Federal interest before execution of a partnership agreement and that construction has not been carried out as of the date of enactment of this subparagraph, the Secretary and the non-Federal interest shall enter into an agreement under which the non-Federal interest shall carry out such work prior to the non-Federal interest initiating construction or issuing a written notice to proceed for the construction. (II) Eligibility Construction that is carried out after the execution of an agreement to carry out work described in subclause (I) and any design activities that are required for that construction, even if the design activity is carried out prior to the execution of the agreement to carry out work, shall be eligible for credit. (ii) Planning (I) In general In any case in which the non-Federal interest is to receive credit under subparagraph (A) for the cost of planning carried out by the non-Federal interest before execution of a feasibility cost sharing agreement, the Secretary and the non-Federal interest shall enter into an agreement under which the non-Federal interest shall carry out such work prior to the non-Federal interest initiating that planning. (II) Eligibility Planning that is carried out by the non-Federal interest after the execution of an agreement to carry out work described in subclause (I) shall be eligible for credit. ; (3) in subparagraph (D)(iii), by striking sections 101 and 103 and inserting sections 101(a)(2) and 103(a)(1)(A) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2211(a)(2) ; 33 U.S.C. 2213(a)(1)(A) ) ; (4) by redesignating subparagraph (E) as subparagraph (H); (5) by inserting after subparagraph (D) the following: (E) Analysis of costs and benefits In the evaluation of the costs and benefits of a project, the Secretary shall not consider construction carried out by a non-Federal interest under this subsection as part of the future without project condition. (F) Transfer of Credit between Separable Elements of a Project Credit for in-kind contributions provided by a non-Federal interest, under this section or section 104 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2214 ), that are in excess of the non-Federal cost share for an authorized separable element of a project may be applied toward the non-Federal cost share for a different authorized separable element of the same project or toward another authorized project, within the same watershed, for which the non-Federal interest has a cost share responsibility. (G) Application of Credit To the extent that credit for in-kind contributions, as limited by subparagraph (D), and credit for required land, easements, rights-of-way, dredged material disposal areas, and relocations provided by the non-Federal interest exceed the non-Federal share of the cost of construction of a project other than a navigation project, the Secretary shall reimburse the difference to the non-Federal interest, subject to the availability of funds. ; and (6) in subparagraph (H) (as redesignated by paragraph (4))— (A) in clause (i), by inserting , and to water resources projects authorized prior to the date of enactment of the Water Resources Development Act of 1986 (Public Law 99–662), if correction of design deficiencies is necessary before the period at the end; and (B) by striking clause (ii) and inserting the following: (ii) Authorization in addition to specific credit provision In any case in which a specific provision of law authorizes credit for in-kind contributions provided by a non-Federal interest before the date of execution of a partnership agreement, the Secretary may apply the authority provided in this paragraph to allow credit for in-kind contributions provided by the non-Federal interest on or after the date of execution of the partnership agreement. . (b) Applicability Section 2003(e) of the Water Resources Development Act of 2007 (42 U.S.C. 1962d–5b note) is amended by inserting , or construction of design deficiency corrections on the project, after construction on the project . (c) Effective date The amendments made by subsections (a) and (b) take effect on November 8, 2007. (d) Guidelines (1) In general Not later than 1 year after the date of enactment of this Act, the Secretary of the Army shall update any guidance or regulations for carrying out section 221(a)(4) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)) (as amended by subsection (a)) that are in existence on the date of enactment of this Act or issue new guidelines, as determined to be appropriate by the Secretary. (2) Inclusions Any guidance, regulations, or guidelines updated or issued under paragraph (1) shall include, at a minimum— (A) the milestone for executing an in-kind memorandum of understanding for construction by a non-Federal interest; (B) criteria and procedures for evaluating a request to execute an in-kind memorandum of understanding for construction by a non-Federal interest that is earlier than the milestone under subparagraph (A) for that execution; and (C) criteria and procedures for determining whether work carried out by a non-Federal interest is integral to a project. (3) Public and stakeholder participation Before issuing any new or revised guidance, regulations, or guidelines or any subsequent updates to those documents, the Secretary shall— (A) consult with affected non-Federal interests; (B) publish the proposed guidelines developed under this subsection in the Federal Register; and (C) provide the public with an opportunity to comment on the proposed guidelines. (e) Interim period During the period beginning on the date of enactment of this Act and ending on the date on which guidance, regulations, or guidelines are updated or issued under subsection (d), the Secretary shall process credit under section 104 of the Water Resources Development Act of 1986 (33 U.S.C. 2214), upon request of a non-Federal interest, if— (1) the applicable non-Federal work meets the requirements for credit under section 104; and (2) the applicable non-Federal work does not meet the requirements for credit under existing guidelines for section 221 of the Flood Control Act of 1970 ( 42 U.S.C. 1962d–5b ). (f) Availability of credit Credit for in-kind contributions authorized under section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b) or section 104 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2214 ) shall be available for work performed by a non-Federal interest on any separable element of a project following the identification by the Secretary of project alternatives as part of a feasibility study or a general or limited reevaluation report. (g) Other credit Nothing in section 221(a)(4) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)) (as amended by subsection (a)) affects any eligibility for credit under section 104 of the Water Resources Development of 1986 ( 33 U.S.C. 2214 ) that was approved by the Secretary prior to the date of enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2293ih/xml/BILLS-113hr2293ih.xml

113-hr-2294

I 113th CONGRESS 1st Session H. R. 2294 IN THE HOUSE OF REPRESENTATIVES June 6, 2013 Mr. McIntyre introduced the following bill; which was referred to the Committee on Natural Resources A BILL To remove from the John H. Chafee Coastal Barrier Resources System certain properties in North Carolina. 1. Removal of properties in North Carolina from John H. Chafee Coastal Barrier Resources System (a) In general The Secretary of the Interior shall revise one or more maps included in the set of maps entitled Coastal Barrier Resources System referred to in section 4(a) of the Coastal Barrier Resources Act ( 16 U.S.C. 3503(a) ) and relating to John H. Chafee Coastal Barrier Resources System units in North Carolina, as necessary to remove from such system the properties located at the following postal addresses: (1) Lot Number 3, Waters Edge in Hampstead, NC 28443. (2) 182 S Beach Road, Wilmington, NC 28405. (3) 311 Windchase Lane, Wilmington, NC 28409. (4) 225 Chimney Lane Wilmington, NC 28411. (b) Availability The Secretary of the Interior shall keep each map revised under subsection (a) on file and available for inspection in accordance with section 4(b) of the Coastal Barrier Resources Act ( 16 U.S.C. 3503(b) ).

https://www.govinfo.gov/content/pkg/BILLS-113hr2294ih/xml/BILLS-113hr2294ih.xml

113-hr-2295

I 113th CONGRESS 1st Session H. R. 2295 IN THE HOUSE OF REPRESENTATIVES June 6, 2013 Mr. Murphy of Florida introduced the following bill; which was referred to the Committee on Financial Services A BILL To require the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency to conduct an empirical impact study on proposed rules relating to the International Basel III agreement on general risk-based capital requirements, as they apply to smaller financial institutions. 1. Short title This Act may be cited as the Basel III Commonsense Approach for Small Entities Act or the Basel III CASE Act . 2. Final rules pending Impact Study (a) In general The Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency (in this Act collectively referred to as the Federal banking agencies ) shall conduct an empirical study in accordance with subsection (b) prior to issuing any final rule in relation to proposals issued by the Federal banking agencies for the International Basel III agreement on general risk-based capital requirements. (b) Issues To be studied The study required by this section shall include— (1) a quantitative analysis of the impact of such rule on the financial services sector of the United States, specifically community, mid-size, and regional financial institutions; and (2) a determination of the long-term impact of such rule, including changes to the current risk weight framework. 3. Voluntary Participation Any financial institution may voluntarily provide information for the study upon the request of the Federal banking agencies, but may not be required to provide such information. 4. Final report (a) Availability to the public A final report on the completed study required by this Act shall be made available to the public for notice and comment for a period of not less than 3 months. (b) Review The Federal banking agencies shall review any comments submitted under subsection (a), and following such review, shall prescribe new rules, if appropriate, based on the results of the study and such comments. Notwithstanding any other provision of law, a new rulemaking following such comment period shall include an additional comment period of not less than 3 months.

https://www.govinfo.gov/content/pkg/BILLS-113hr2295ih/xml/BILLS-113hr2295ih.xml

113-hr-2296

I 113th CONGRESS 1st Session H. R. 2296 IN THE HOUSE OF REPRESENTATIVES June 6, 2013 Mrs. Noem (for herself and Mr. Larsen of Washington ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To reauthorize the impact aid program under the Elementary and Secondary Education Act of 1965. 1. Short title This Act may be cited as the Local Taxpayer Relief Act . 2. Making permanent the amendments made by the Impact Aid Improvement Act of 2012 Subsection (c) of the Impact Aid Improvement Act of 2012 ( 20 U.S.C. 6301 note) is amended— (1) by striking paragraphs (1) and (4); and (2) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. 3. Purpose Section 8001 ( 20 U.S.C. 7701 ) is amended, in the matter preceding paragraph (1), by striking challenging State standards and inserting college and career ready State academic content and student academic achievement standards under section 1111(a)(1) . 4. Payments relating to Federal acquisition of real property (a) Amendments Section 8002 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7702 ) is amended— (1) in subsection (f), by striking paragraphs (4) and (5); (2) by striking subsection (g) and inserting the following: (g) Former districts (1) Consolidations For fiscal year 2006 and all succeeding fiscal years, if a local educational agency described in paragraph (2) is formed at any time after 1938 by the consolidation of 2 or more former school districts, the local educational agency may elect to have the Secretary determine its eligibility and any amount for which the local educational agency is eligible under this section for any fiscal year on the basis of one or more of those former districts, as designated by the local educational agency. (2) Eligible local educational agencies A local educational agency referred to in paragraph (1) is— (A) any local educational agency that, for fiscal year 1994 or any preceding fiscal year, applied, and was determined to be eligible under, section 2(c) of the Act of September 20, 1950 (Public Law 874, 81st Congress), as that section was in effect for that fiscal year; or (B) a local educational agency formed by the consolidation of 2 or more districts, at least 1 of which was eligible for assistance under this section for the fiscal year preceding the year of the consolidation, if— (i) for fiscal years 2006 through 2013, the local educational had notified the Secretary of the designation not later than 30 days after the date of enactment of the Local Taxpayer Relief Act; and (ii) for fiscal year 2014 and any subsequent fiscal year, the local educational agency includes the designation in its application under section 8005 or any timely amendment to such application. (3) Availability of funds Notwithstanding any other provision of law limiting the period during which the Secretary may obligate funds appropriated for any fiscal year after 2005, the Secretary may obligate funds remaining after final payments have been made from any of such fiscal years to carry out this subsection. ; (3) by striking subsections (k) and (m); and (4) by redesignating subsections (l) and (n) as subsections (j) and (k), respectively. (b) Effective date Notwithstanding the date of enactment of this Act, the amendments made by this section shall apply to applications submitted for fiscal year 2010 and all succeeding fiscal years. 5. Payments for eligible federally connected children Section 8003 of that Act ( 20 U.S.C. 7703 ) is amended— (1) in subsection (a)— (A) in paragraph (1), in the matter preceding subparagraph (A), by inserting after such agency, the following: including those children enrolled in a State that has a State open enrollment policy (but not including those children enrolled in a distance learning program not residing within the defined boundaries of the agency), ; and (B) in paragraph (5)(A), by striking to be and all the follows through situated and inserting the following: or under lease of off-base property under subchapter IV of chapter 169 of title 10, United States Code, to be children described under paragraph (1)(B) if the property described is within the fenced security perimeter of the military facility or attached to and under any type of force protection agreement with the military installation upon which such housing is situated. ; (2) in subsection (b)(2)— (A) in subparagraph (B)— (i) in the subparagraph heading by striking continuing ; (ii) by amending clause (i) to read as follows: (i) In general A heavily impacted local educational agency is eligible to receive a basic support payment under subparagraph (A) with respect to a number of children determined under subsection (a)(1) if the agency— (I) is a local educational agency whose boundaries are the same as a Federal military installation or the boundaries are the same as island property designated by the Secretary of the Interior to be property that is held in trust by the Federal Government and the agency has no taxing authority; (II) is a local educational agency— (aa) that has an enrollment of children described in subsection (a)(1) that constitutes a percentage of the total student enrollment of the agency that is not less than 45 percent; (bb) that has a per-pupil expenditure that is less than— (AA) for an agency that has a total student enrollment of 500 or more students, 125 percent of the average per-pupil expenditure of the State in which the agency is located; or (BB) for an agency that has a total student enrollment of less than 500, 150 percent of the average per-pupil expenditure of the State in which the agency is located, or the average per pupil expenditure of 3 or more comparable local educational agencies in the State in which the agency is located; and (cc) that is an agency that— (AA) has a tax rate for general fund purposes that is at least 95 percent of the average tax rate for general fund purposes of comparable local educational agencies in the State; or (BB) was eligible to receive a payment under this subsection for fiscal year 2013 and is located in a State that by State law has eliminated ad valorem tax as a revenue source for local educational agencies; (III) is a local educational agency that has a total student enrollment of not less than 25,000 students, of which not less than 50 percent are children described in subsection (a)(1) and not less than 5,500 of such children are children described in subparagraphs (A) and (B) of subsection (a)(1); or (IV) is a local educational agency that was eligible for and received a payment under this paragraph in fiscal year 2012 and— (aa) has an enrollment of children described in subsection (a)(1) that constitutes a percentage of the total student enrollment of the agency that is not less than 20 percent; (bb) for the 3 fiscal years preceding the fiscal year for which the determination is made, the average enrollment of children who are not described in subsection (a)(1) and who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act constitutes a percentage of the total student enrollment of the agency that is not less than 65 percent; and (cc) has a tax rate for general fund purposes which is not less than 1.25 percent of the average tax rate for general fund purposes for comparable local educational agencies in the State. ; (iii) by amending clause (ii) to read as follows: (ii) Loss of eligibility (I) In general Subject to subclause (II), a heavily impacted local educational agency that met the requirements of clause (i) for a fiscal year shall be ineligible to receive a basic support payment under subparagraph (A) if the agency fails to meet the requirements of clause (i) for a subsequent fiscal year, except that such agency shall continue to receive a basic support payment under this paragraph for the fiscal year for which the ineligibility determination is made. (II) Exception For a local educational agency that is eligible under subparagraph (A) but whose tax rate for general fund purposes falls below 95 percent of the average tax rate for general fund purposes of local educational agencies in the State for two consecutive years shall lose its eligibility and be subject to subclause (I). ; (iv) by amending clause (iii) to read as follows: (iii) Application With respect to the first year for which a heavily impacted local educational agency described in clause (i) applies for a basic support payment under subparagraph (A), or with respect to the first fiscal year for which a heavily impacted local educational agency applies for a basic support payment under subparagraph (A) after becoming ineligible under clause (i) for 1 or more preceding fiscal years, the agency shall apply for such payment at least 1 year prior to the start of that fiscal year. ; and (v) by adding at the end the following new clause: (iv) Special rule Notwithstanding clause (i)(II), a local educational agency shall be considered eligible to receive a basic support payment under subparagraph (A) with respect to the number of children determined under subsection (a)(1) if the agency— (I) has an enrollment of children described in subsection (a)(1), including, for purposes of determining eligibility, those children described in subparagraphs (F) and (G) of such subsection, that constitutes a percentage of the total student enrollment of the agency that is not less than 35 percent; and (II) was eligible to receive assistance under subsection (b)(2) for fiscal year 2001. ; (B) by amending subparagraph (C) to read as follows: (C) Maximum amount for heavily impacted local educational agencies (i) In general The maximum amount that a heavily impacted local educational agency is eligible to receive under this paragraph for any fiscal year is the sum of the total weighted student units, as computed under subsection (a)(2) and subject to clause (ii), multiplied by the greater of— (I) four-fifths of the average per-pupil expenditure of the State in which the local educational agency is located for the third fiscal year preceding the fiscal year for which the determination is made; or (II) four-fifths of the average per-pupil expenditure of all of the States for the third fiscal year preceding the fiscal year for which the determination is made. (ii) Special rule (I) (aa) For a local educational agency with respect to which 35 percent or more of the total student enrollment of the schools of the agency are children described in subparagraph (D) or (E) (or a combination thereof) of subsection (a)(1), and has an enrollment of children described in subparagraph (A), (B), or (C) of such subsection equal to at least 10 percent of the agency’s total enrollment, the Secretary shall calculate the weighted student units of those children described in subparagraph (D) or (E) of such subsection by multiplying the number of such children by a factor of 0.55. (bb) For any local educational agency that received a payment under this clause in fiscal year 2012, the local educational agency shall not be required to have an enrollment of children described in subparagraph (A), (B), or (C) of such subsection equal to at least 10 percent of the agency’s total enrollment. (II) For a local educational agency that has an enrollment of 100 or fewer children described in subsection (a)(1), the Secretary shall calculate the total number of weighted student units for purposes of subsection (a)(2) by multiplying the number of such children by a factor of 1.75. (III) For a local educational agency that does not qualify under subparagraph (B)(i)(I) of this subsection and has an enrollment of more than 100 but not more than 1,000 children described in subsection (a)(1), the Secretary shall calculate the total number of weighted student units for purposes of subsection (a)(2) by multiplying the number of such children by a factor of 1.25. ; (C) by amending subparagraph (D) to read as follows: (D) Maximum amount for large heavily impacted local educational agencies (i) (I) Subject to clause (ii), the maximum amount that a heavily impacted local educational agency described in subclause (II) is eligible to receive under this paragraph for any fiscal year shall be determined in accordance with the formula described in paragraph (1)(C). (II) A heavily impacted local educational agency described in this subclause is a local educational agency that has a total student enrollment of not less than 25,000 students, of which not less than 50 percent are children described in subsection (a)(1) and not less than 5,500 of such children are children described in subparagraphs (A) and (B) of subsection (a)(1). (ii) For purposes of calculating the maximum amount described in clause (i), the factor used in determining the weighted student units under subsection (a)(2) with respect to children described in subparagraphs (A) and (B) of subsection (a)(1) shall be 1.35. ; (D) by striking subparagraph (E); (E) by redesignating subparagraph (F) as subparagraph (E); (F) in subparagraph (E) (as so redesignated by subparagraph (G))— (i) by striking clause (ii); (ii) by striking ; and at the end of clause (i) and inserting a period; and (iii) by striking the Secretary and all that follows through shall use and inserting the Secretary shall use ; (G) by redesignating subparagraph (G) as subparagraph (F); (H) in subparagraph (F) (as so redesignated by subparagraph (I), in the matter preceding clause (i), by striking (C)(i)(II)(bb) and inserting (B)(i)(II)(bb)(BB) ; (I) by redesignating subparagraph (H) as subparagraph (G); and (J) in subparagraph (G) (as so redesignated by subparagraph (K)— (i) in clause (i)— (I) by striking (B), (C), (D). or (E), and inserting (B), (C), or (D), ; (II) by striking by reason of and inserting due to ; (III) by inserting after clause (iii), the following: or as the direct result of base realignment and closure or modularization as determined by the Secretary of Defense and force structure change or force relocation, ; and (IV) by inserting before the period at the end the following: or during such time as activities associated with base closure and realignment, modularization, force structure change, or force relocation is ongoing ; and (ii) in clause (ii), by striking (D) or (E) in both places such term appears and inserting (C) or (D) ; (3) in subsection (b)(3)(B)— (A) by redesignating clause (iv) as clause (v); and (B) by inserting after clause (iii) the following: (iv) For any local educational agency that is providing a program of distant learning to children not residing within the legally defined boundaries of the agency, the Secretary shall disregard such children from such agency’s total enrollment when calculating the percentage under subclause (I) of clause (i) and shall disregard any funds received for such children when calculating the total current expenditures attributed to the operation of such agency when calculating the percentage under subclause (II) of clause (i). ; (4) in subsection (b)(3)(C), by striking or (E) of paragraph (2), as the case may be and inserting of paragraph (2) ; (5) by amending subsection (b)(3)(D) to read as follows: (D) Ratable distribution For any fiscal year described in subparagraph (A) for which the sums available exceed the amount required to pay each local educational agency 100 percent of its threshold payment the Secretary shall distribute the excess sums to each eligible local educational agency that has not received its full amount computed under paragraph (1) or (2) (as the case may be) by multiplying— (i) a percentage, the denominator of which is the difference between the full amount computed under paragraph (1) or (2) (as the case may be) for all local educational agencies and the amount of the threshold payment as calculated under subparagraphs (B) and (C) of all local educational agencies, and the numerator of which is the aggregate amount of the excess sums by— (ii) the difference between the full amount computed under paragraph (1) or (2) (as the case may be) for the agency and the amount of the threshold payment as calculated under subparagraphs (B) and (C) of the agency. ; (6) in subsection (c), by amending paragraph (2) to read as follows: (2) Exception Calculation of payments for a local educational agency shall be based on data from the fiscal year for which the agency is making an application for payment if such agency— (A) is newly established by a State, for the first year of operation of such agency only; (B) was eligible to receive a payment under this section for the previous fiscal year and has had an overall increase in enrollment (as determined by the Secretary in consultation with the Secretary of Defense, the Secretary of Interior or other Federal agencies)— (i) of not less than 10 percent, or 100 students, of children described in— (I) subparagraph (A), (B), (C), or (D) of subsection (a)(1); or (II) subparagraph (F) or (G) of subsection (a)(1), but only to the extent such children are civilian dependents of employees of the Department of Defense or the Department of Interior; and (ii) that is the direct result of closure or realignment of military installations under the base closure process or the relocation of members of the Armed Forces and civilian employees of the Department of Defense as part of force structure changes or movements of units or personnel between military installations or because of actions initiated by the Secretary of Interior or head of another Federal agency; and (C) was eligible to receive a payment under this section for the previous fiscal year and has had an overall increase in enrollment (as determined by the Secretary)— (i) of not less than 10 percent, or 100 students, of children described in subsection (a)(1); and (ii) that is the direct result of the closure of a local educational agency that received a payment under subsection (b)(1) or (b)(2) in the previous fiscal year. ; (7) by amending subsection (e) to read as follows: (e) Hold harmless (1) In general Subject to paragraph (2) the total amount the Secretary shall pay a local education agency under subsection (b)— (A) for fiscal year 2014 shall not be less than 95percent of the total amount that the local educational agency received under subsection (b)(1), (b)(2) or (b)(2)(B)(ii) for fiscal year 2013; (B) for fiscal year 2015 shall not be less than 90 percent of the total amount that the local educational agency received under subsection (b)(1), (b)(2) or (b)(2)(B)(ii) for fiscal year 2013; and (C) for fiscal year 2016 shall not be less than 85 percent of the total amount that the local educational agency received under subsection (b)(1), (b)(2) or (b)(2)(B)(ii) for fiscal year 2013. (2) Maximum payment The total amount provided to a local educational agency under subparagraph (A), (B), or (C) of paragraph (1) for a fiscal year shall not exceed the maximum basic support amount for such agency determined under paragraph (1) or (2) of subsection (b), as the case may be. (3) Ratable reduction (A) In general If the sums made available under this title for any fiscal year are insufficient to pay the full amounts that all local educational agencies in all States are eligible to receive under paragraph (1) for such year, then the Secretary shall ratably reduce the payments to all such agencies for such year. (B) Additional funds If additional funds become available for making payments under paragraph (1) for such fiscal year, payments that were reduced under subparagraph (A) shall be increased on the same basis as such payments were reduced. ; and (8) by striking subsection (g). 6. Application for payments under sections 8002 and 8003 Section 8005 of that Act ( 20 U.S.C. 7705 ) is amended by adding at the end the following: (e) Student count For the purpose of meeting the requirements of section 222.35 of the Code of the Federal Regulations, the Secretary shall establish a third option for an applicant when counting its federally connected children by using the date established by the applicant to register the students of such applicant for the fiscal year for which the application is filed. . 7. Construction Section 8007 of that Act ( 20 U.S.C. 7707 ) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking 40 percent and inserting 80 percent ; (B) in paragraph (2) by adding at the end the following: (C) The agency is eligible under section 8003(b)(2) or is receiving a basic support payment under circumstances described in section 8003(b)(2)(B)(ii). ; and (C) by striking paragraph (3) and inserting the following: (3) Amount of payments (A) Local education agencies impacted by military dependent children The amount of a payment to each local educational agency described in this subsection that is impacted by military dependent children for a fiscal year shall be equal to— (i) (I) 40 percent of the amount appropriated under section 8014(e) for such fiscal year; divided by (II) the number of children described in subparagraphs (B) and (D)(i) of section (8003)(a)(1) who were in average daily attendance for all local educational agencies described in paragraph (2), including the number of children attending a school facility described in section 8008(a) if the Secretary does not provide assistance for the school facility under that section for the fiscal year; multiplied by (ii) the number of children determined for such agency; (I) but not less than $25,000, except that this subparagraph shall not apply if the amount available to carry out paragraph (1) for such fiscal year is less than $32,000,000; and (II) not more than $4,000,000. (B) Local educational agencies impacted by children who reside on Indian lands The amount of a payment to each local educational agency described in the subsection that is impacted by children who reside on Indian lands for a fiscal year shall be equal to— (i) (I) 40 percent of the amount appropriated under section 8014(e) for such fiscal year; divided by (II) the number of children described in section 8003(a)(1)(C) who were in average daily attendance for all local educational agencies described in paragraph (2); multiplied by (ii) the number of children determined for such agency; (I) but not less than $25,000, except that this subparagraph shall not apply if the amount available to carry out paragraph (1) for such fiscal year is less than $32,000,000; and (II) not more than $4,000, 000. ; and (2) in subsection (b)— (A) in paragraph (1), in the matter preceding subparagraph (A), by striking 60 percent and inserting 20 percent ; (B) in paragraph (3)(A), in the matter preceding clause (i), by inserting after an emergency grant under paragraph (2)(A) the following: if the agency is covered by paragraph (7), or ; (C) in paragraph (3)(C)(i)(I), by striking the agency meets at least one and all that follows through the period at the end and inserting the number of children determined under section 8003(a)(1)(C) for the agency for the preceding school year constituted at least 40 percent of the total student enrollment in the schools of the agency during the preceding school year. ; (D) by striking paragraph (3)(D)(ii)(II) and inserting the following: (II) The number of children determined under section 8003(a)(1)(C) for the school for the preceding school year constituted at least 40 percent of the total student enrollment in the school during the preceding school year. ; (E) in paragraph (4)(C), by striking (A), (B), (C), and (D) and inserting (A) and (C) ; (F) by redesignating paragraph (7) as paragraph (8); and (G) by inserting after paragraph (6) the following: (7) Special rule Notwithstanding paragraphs (3)(C)(i)(I) and (3)(D)(ii)(II), a local educational agency is eligible to receive a grant under this subsection not to exceed $4,000,000 in any one fiscal year if such agency— (A) was eligible to receive a payment under section 8003 for the fiscal year prior to the year for which the application is made; and (B) has had an overall increase in enrollment— (i) during the period between the end of the school year preceding the fiscal year for which the application is made and the beginning of the school year immediately preceding that school year; (ii) of not less than 250 students or 10 percent (whichever is lower), are children described in— (I) subparagraph (A), (B), (C), or (D) of section 8003(a)(1); or (II) subparagraph (F) or (G) of section 8003(a)(1), but only to the extent such children are civilian dependents of employees of the Department of Defense; and (iii) that is the direct result of one or more of the following: (I) Base realignment and closure or global rebasing, as determined by the Secretary of Defense. (II) Force structure changes or force reductions. (III) An action initiated by the Secretary of Interior or head of another Federal agency. . 8. State consideration of payments in providing State aid Section 8009 of that Act ( 20 U.S.C. 7709 ) is amended— (1) in subsection (b)(1), by inserting before the period at the end the following: and for which the average per pupil expenditure is equal to or greater than the average per pupil expenditure of all the States in the third fiscal year preceding the fiscal year for which the State is applying for equalization under the section ; (2) by amending subsection (b)(2) to read as follows: (2) Computation (A) State currently qualifying (i) In general For purposes of paragraph (1), a program of State aid for any State qualifying under this section for fiscal year 2006 equalizes expenditures among local educational agencies if, in the second fiscal year preceding the fiscal year for which the determination is made the amount of per-pupil expenditures made by, or per-pupil revenues available to, the local educational agency in the State with the highest such per-pupil expenditures or revenues did not exceed the amount of such per-pupil expenditures made by, or per-pupil revenues available to, the local educational agency in the State with the lowest such expenditures or revenues by more than 25 percent as calculated under clause (ii). (B) Other factors Notwithstanding regulations in effect prior to the enactment of this subparagraph, in making a determination under this subparagraph, the Secretary shall— (i) arrange all local educational agencies in the State by per-pupil expenditures or revenues in descending order from the highest to the lowest; (ii) using per-pupil expenditures or revenues as the only criteria disregard those local educational agencies that are spending above the 95th percentile and those spending below the 5th percentile; (iii) identify the local educational agency at the 95th percentile and the local educational agency at the 5th percentile; (iv) subtract the amount of per-pupil expenditures or revenues of the local educational agency at the 5th percentile from the amount of per-pupil expenditures or revenues of the local educational agency at the 95th percentile and divide the difference by the per-pupil expenditures or revenues of the local educational agency at the 5th percentile; and (v) take into account the extent to which a program of State aid reflects the additional cost of providing free public education in particular types of local educational agencies such as those that are geographically isolated, or to particular types of students, such as children with disabilities. (C) New States applicants (i) In general For purposes of paragraph (1), a program of State aid for any State equalizing under this section after fiscal year 2006 equalizes expenditures among local educational agencies if, in the second fiscal year preceding the fiscal year for which the determination is made, the amount of per-pupil expenditures made by, or per pupil revenues available to, the local educational agency in the State with the highest such per-pupil expenditures or revenues did not exceed the amount of such per-pupil expenditures made by, or per-pupil revenues available to, the local educational agency in the State with the lowest such expenditures or revenues by more than 10 percent as calculated under clause (ii). (ii) Other factors In making a determination under this subparagraph, the Secretary notwithstanding regulations in use prior to the enactment of this Act shall— (I) arrange all local educational agencies in the State by per pupil expenditures or revenues in descending order from the highest to the lowest; (II) using per-pupil expenditures or revenues as the only criteria disregard those local educational agencies that are spending above the 95th percentile and those spending below the 5th percentile; (III) identify the local educational agency at the 95th percentile and the local educational agency at the 5th percentile; (IV) subtract the amount of per-pupil expenditures or revenues of the local educational agency at the 5th percentile from the amount of per-pupil expenditures or revenues of the local educational agency at the 95th percentile and divide the difference by the per-pupil expenditures or revenues of the local educational agency at the 5th percentile; and (V) take into account the extent to which a program of State aid reflects the additional cost of providing free public education in particular types of local educational agencies, such as those that are geographically isolated, or to particular types of students, such as children with disabilities. ; and (3) in subsection (d)(2)— (A) by striking A State and inserting the following: (A) In general A State ; and (B) by adding at the end of the following: (B) States that are not equalized states A State that has not been approved as an equalized State under subsection (b) shall not consider funds received under section 8002 or section 8003 of this title in any State formula or place a limit or direct the use of such funds or consider such funds. . 9. Definitions Section 8013 of that Act ( 20 U.S.C. 7713 ) is amended— (1) in paragraph (1) by striking and Marine Corps and inserting Marine Corps, and Coast Guard ; (2) in paragraph (4)— (A) in the first sentence thereof, by striking part (A) of title I and title VI and inserting title I and part A of title V ; and (B) in the second sentence, by striking be determined and inserting be made ; (3) in paragraph (5)(A)(iii)— (A) by amending subsclause (II) to read as follows: (II) used to provide housing for homeless children at closed military installations pursuant to section 501 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411); ; and (B) by amending subclause (III) to read as follows: (III) used for affordable housing assisted under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et.seq.); or ; (4) in paragraph (5)(A), by adding at the end the following: (VI) exempt of taxation real property and personal property identified by a local governmental entity, including State government, if upon such property resides a child whose parents or guardians are certified to live on such property is considered to meet the eligibility requirements of section 151.4 of part 150 of subchapter H of title 25, Code of Federal Regulations; or ; (5) in paragraph (8)(A), by inserting commas before and after and verified by ; and (6) in paragraph (9)— (A) by amending subparagraph (A) to read as follows: (A) In general Except as provided in subparagraph (C), the term local educational agency — (i) means a board of education or other legally constituted local school authority having administrative control and direction of free public education in a county, township, independent school district, or other school district; and (ii) includes any State agency that directly operates and maintains facilities for providing free public education; that except for those local educational agencies determined to be eligible to receive a payment under section 8003 prior to the date of the enactment of the Local Taxpayer Relief Act, when submitting an application under this title for the first time on or after the date of the enactment of such Act, has the authority to tax and has boundaries as defined by applicable State law for the purposes of levying such taxes, or has been granted the authority to receive an imputed tax from a city, county, township, or other general purpose political subdivision of a State. ; and (B) in subparagraph (B), by inserting a comma after Secretary determines . 10. Authorization of appropriations Section 8014 of that Act ( 20 U.S.C. 7714 ) is amended— (1) in subsection (a) by striking $32,000,000 for fiscal year 2000 and inserting $63,445,221 fiscal year 2014 ; (2) in subsection (b) by striking $809,400,000 fiscal year 2000 and inserting $1,093,203,000 for fiscal year 2014 ; (3) in subsection (c) by striking $50,000,000 for fiscal year 2000 and inserting $45,880,825 for fiscal year 2014 ; (4) by redesignating subsection (e) as subsection (d); (5) in subsection (d) (as so redesignated by paragraph (4), by striking $10,052,000 and all that follows through and such sums and inserting $16,528,637 for fiscal year 2014 ; (6) by redesignating subsection (f) as subsection (e); (7) in subsection (e) (as so designated by paragraph (6)), by striking $5,000,000 for fiscal year 2000 and inserting $4,591,393 for fiscal year 2014 ; and (8) by adding at the end of the following: (f) Allocation of dollars from previous fiscal years When final payments are made for a fiscal year the Secretary shall add any remaining funds to those funds appropriated for such section for the next fiscal year for the purpose of making payments subject to the provisions of the applicable section. . 11. Additional and conforming amendments (a) Subpart 20 of part d of title v Subpart 15 ( 20 U.S.C. 7281 et seq. ) of part D of title V of that Act (relating to additional assistance for certain local educational agencies impacted by Federal property acquisition) is repealed. (b) Title VIII Title VIII of Elementary and Secondary Education Act ( 20 U.S.C. 7701 et seq. ) is further amended— (1) in section 8004 ( 20 U.S.C. 7704 )— (A) in subsection (e)(1)(B)(i), by striking involved, or if and inserting involved or, if ; and (B) in subsection (f), by striking upon and inserting on ; (2) in section 8008(a) ( 20 U.S.C. 7708(a) ), by striking section 8014(f) and inserting “section 8014(e)”; (3) in section 8010 ( 20 U.S.C. 7710 )— (A) in subsection (b), by striking out require and inserting in lieu thereof need ; and (B) in subsection (c)(1)— (i) in subparagraph (A), by striking paragraph (3) and inserting “paragraph (2)”; and (ii) in subparagraph (B), by striking paragraph (3) and inserting “paragraph (2)”; and (4) in section 8011(a) (20 U.S.C. 7711 (a)), by striking or under and all that follows through of 1994) .

https://www.govinfo.gov/content/pkg/BILLS-113hr2296ih/xml/BILLS-113hr2296ih.xml

113-hr-2297

I 113th CONGRESS 1st Session H. R. 2297 IN THE HOUSE OF REPRESENTATIVES June 6, 2013 Ms. Norton introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend title 40, United States Code, to authorize the National Capital Planning Commission to designate and modify the boundaries of the National Mall area in the District of Columbia reserved for the location of commemorative works of preeminent historical and lasting significance to the United States and other activities, to require the Secretary of the Interior and the Administrator of General Services to make recommendations for the termination of the authority of a person to establish a commemorative work in the District of Columbia and its environs, and for other purposes. 1. Short title This Act may be cited as the National Mall Revitalization and Designation Act . 2. Establishment of commemorative works in the District of Columbia and its environs (a) Modification of Area I and Area II boundaries Section 8908 of title 40, United States Code, is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection: (c) Modification of Area I and Area II boundaries (1) Modification authority The National Capital Planning Commission, in the sole exercise of its discretion, may modify the boundaries of Area I and Area II, as depicted on the map referred to in subsection (a). A decision of the National Capital Planning Commission under this paragraph is not subject to review. (2) Notification The National Capital Planning Commission shall notify the Secretary and Administrator, the National Capital Memorial Advisory Commission, and the congressional committees specified in subsection (b) of any boundary modification made under the authority of this subsection. (3) Conforming changes to map The Secretary shall revise the map referred to in subsection (a) to reflect any boundary modification made under the authority of this subsection. . (b) Recommendations regarding termination of authority To establish commemorative work Section 8903 of such title is amended by adding at the end the following new subsection: (f) Recommendations regarding termination of legislative authority The Secretary of the Interior or the Administrator of General Services may submit a recommendation to Congress that the legislative authority for a commemorative work be terminated before the expiration date applicable to the work under subsection (e) if the Secretary or the Administrator determines the person authorized to establish the work does not possess the capacity or resources to successfully complete the project before that expiration date. . (c) Recommendations for changes to commemorative works process (1) Preparation of recommendations The National Capital Planning Commission shall prepare recommendations to improve upon the process required by chapter 89 of title 40, United States Code, for the selection, design, and subject matter of commemorative works in the District of Columbia and its environs. (2) Special considerations In the preparation of recommendations under paragraph (1), the National Capital Planning Commission shall— (A) consult with the National Park Service and other appropriate Federal and local agencies, recognized national leaders in culture and development, and other interested persons; and (B) take into account the Memorials and Museums Master Plan prepared by National Capital Planning Commission in 2001 and the Legacy Plan prepared by National Capital Planning Commission in 1997. (3) Submission of recommendations Not later than one year after the date of the enactment of this Act, the National Capital Planning Commission shall submit the recommendations prepared under paragraph (1) to the Secretary of the Interior, the Administrator of General Services, the National Capital Memorial Advisory Commission, the Committee on House Administration, the Committee on Transportation and Infrastructure, and the Committee on Natural Resources of the House of Representatives, and the Committee on Energy and Natural Resources of the Senate. (d) Plan for National Mall visitor enhancement Not later than 180 days after the date of the enactment of this Act, the Secretary of the Interior shall submit a plan to enhance visitor enjoyment, amenities, cultural experiences in, and the vitality of the National Mall, as defined in section 8908 of title 40, United States Code, to the Committee on House Administration, the Committee on Natural Resources, and the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Energy and Natural Resources of the Senate.

https://www.govinfo.gov/content/pkg/BILLS-113hr2297ih/xml/BILLS-113hr2297ih.xml

113-hr-2298

I 113th CONGRESS 1st Session H. R. 2298 IN THE HOUSE OF REPRESENTATIVES June 6, 2013 Mr. Peters of Michigan (for himself, Mr. Conyers , Mr. Levin , Mr. Dingell , and Mr. Kildee ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To require the Secretary of Health and Human Services, in consultation with the Administrator of the Environmental Protection Agency, to conduct a study on the public health and environmental impacts of the production, transportation, storage, and use of petroleum coke, and for other purposes. 1. Short title This Act may be cited as the Petroleum Coke Transparency and Public Health Study Act . 2. Findings Congress finds the following: (1) In Detroit, piles of petroleum coke have been stored in the open air on the banks of the Detroit River. (2) Domestic production of petroleum coke is expected to increase if the Keystone XL pipeline is constructed. (3) State regulators, communities, and industry stakeholders would benefit from a complete understanding of petroleum coke and the potential impact on public health related to the production, transportation, storage, and use of petroleum coke. 3. Study of petroleum coke public health and environmental impacts Not later than 90 days after the date of enactment of this Act, the Secretary of Health and Human Services, in consultation with the Administrator of the Environmental Protection Agency, shall transmit to Congress the results of a study regarding the public health and environmental impacts of the production, transportation, storage, and use of petroleum coke. 4. Consolidation of petroleum coke research Not later than 120 days after the date of enactment of this Act, the Secretary of Health and Human Services shall compile and publish on a publicly available website the results of all federally conducted research related to the public health and environmental impacts of the production, transportation, storage, and use of petroleum coke.

https://www.govinfo.gov/content/pkg/BILLS-113hr2298ih/xml/BILLS-113hr2298ih.xml

113-hr-2299

I 113th CONGRESS 1st Session H. R. 2299 IN THE HOUSE OF REPRESENTATIVES June 6, 2013 Mr. Posey (for himself, Mr. Hinojosa , Mr. Marchant , and Mr. Garcia ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To prevent the Secretary of the Treasury from expanding United States bank reporting requirements with respect to interest on deposits paid to nonresident aliens. 1. Prohibition on Treasury Regulations with respect to information reporting on certain interest paid to nonresident aliens Except to the extent provided in Treasury Regulations as in effect on February 21, 2011, the Secretary of the Treasury shall not require (by regulation or otherwise) that an information return be made by a payor of interest in the case of interest— (1) which is described in section 871(i)(2)(A) of the Internal Revenue Code of 1986, and (2) which is paid— (A) to a nonresident alien, and (B) on a deposit maintained at an office within the United States.

https://www.govinfo.gov/content/pkg/BILLS-113hr2299ih/xml/BILLS-113hr2299ih.xml

113-hr-2300

I 113th CONGRESS 1st Session H. R. 2300 IN THE HOUSE OF REPRESENTATIVES June 6, 2013 Mr. Price of Georgia 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 , the Judiciary , Natural Resources , House Administration , Rules , Appropriations , the Budget , and Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for incentives to encourage health insurance coverage, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Empowering Patients First 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. Repeal of PPACA and health care-related HCERA provisions. Sec. 3. No mandate of guaranteed issue or community rating. Title I—Tax Incentives for Maintaining Health Insurance Coverage Sec. 101. Refundable tax credit for health insurance costs of low-income individuals. Sec. 102. Advance payment of credit as premium payment for qualified health insurance. Sec. 103. Election of tax credit instead of alternative government or group plan benefits. Sec. 104. Deduction for qualified health insurance costs of individuals. Sec. 105. Limitation on abortion funding. Sec. 106. No government discrimination against certain health care entities. Sec. 107. Equal employer contribution rule to promote choice. Sec. 108. Limitations on State restrictions on employer auto-enrollment. Sec. 109. Credit for small employers adopting auto-enrollment and defined contribution options. Sec. 110. HSA modifications and clarifications. Title II—Health Insurance Pooling Mechanisms for Individuals Subtitle A—Federal Grants for State Insurance Expenditures Sec. 201. Federal grants for State insurance expenditures. Subtitle B—Health Care Access and Availability Sec. 211. Expansion of access and choice through individual and small employer membership associations (IMAs). Subtitle C—Small Business Health Fairness Sec. 221. Short title. Sec. 222. Rules governing association health plans. Sec. 223. Clarification of treatment of single employer arrangements. Sec. 224. Enforcement provisions relating to association health plans. Sec. 225. Cooperation between Federal and State authorities. Sec. 226. Effective date and transitional and other rules. Title III—Interstate Market for Health Insurance Sec. 301. Cooperative governing of individual health insurance coverage. Title IV—Safety Net Reforms Sec. 401. Requiring outreach and coverage before expansion of eligibility. Sec. 402. Easing administrative barriers to State cooperation with employer-sponsored insurance coverage. Sec. 403. Improving beneficiary choice in SCHIP. Title V—Lawsuit Abuse Reforms Sec. 501. Change in burden of proof based on compliance with best practice guidelines. Sec. 502. State grants to create administrative health care tribunals. Sec. 503. Authorization of payment of future damages to claimants in health care lawsuits. Sec. 504. Definitions. Sec. 505. Effect on other laws. Sec. 506. Applicability; effective date. Title VI—Wellness and Prevention Sec. 601. Providing financial incentives for treatment compliance. Title VII—Transparency and Insurance Reform Measures Sec. 701. Receipt and response to requests for claim information. Title VIII—Quality Sec. 801. Prohibition on certain uses of data obtained from comparative effectiveness research or from patient-centered outcomes research; accounting for personalized medicine and differences in patient treatment response. Sec. 802. Establishment of performance-based quality measures. Title IX—State Transparency Plan Portal Sec. 901. Providing information on health coverage options and health care providers. Title X—Patient Freedom of Choice Sec. 1001. Guaranteeing freedom of choice and contracting for patients under Medicare. Sec. 1002. Preemption of State laws limiting charges for eligible professional services. Sec. 1003. Health care provider licensure cannot be conditioned on participation in a health plan. Sec. 1004. Bad debt deduction for doctors to partially offset the cost of providing uncompensated care required to be provided under amendments made by the Emergency Medical Treatment and Labor Act. Sec. 1005. Right of contract with health care providers. Title XI—Incentives to reduce physician shortages Subtitle A—Federally Supported Student Loan Funds for Medical Students Sec. 1101. Federally supported student loan funds for medical students. Subtitle B—Loan Forgiveness for Primary Care Providers Sec. 1111. Loan forgiveness for primary care providers. Title XII—Quality Health Care Coalition Sec. 1201. Quality Health Care Coalition. Title XIII—Offsets Subtitle A—Discretionary spending limits Sec. 1301. Discretionary spending limits. Subtitle B—Savings from health care efficiencies Sec. 1311. Medicare DSH report and payment adjustments in response to coverage expansion. Sec. 1312. Reduction in Medicaid DSH. Subtitle C—Fraud, Waste, and Abuse Sec. 1321. Provide adequate funding to HHS OIG and HCFAC. Sec. 1322. Improved enforcement of the Medicare secondary payor provisions. Sec. 1323. Strengthen Medicare provider enrollment standards and safeguards. Sec. 1324. Tracking banned providers across State lines. 2. Repeal of PPACA and health care-related HCERA provisions (a) PPACA Effective as of the enactment of the Patient Protection and Affordable Care Act ( Public Law 111–148 ), such Act is repealed, and the provisions of law amended or repealed by such Act are restored or revived as if such Act had not been enacted. (b) Health Care-Related Provisions in the Health Care and Education Reconciliation Act of 2010 Effective as of the enactment of the Health Care and Education Reconciliation Act of 2010 ( Public Law 111–152 ), title I and subtitle B of title II of such Act are repealed, and the provisions of law amended or repealed by such title or subtitle, respectively, are restored or revived as if such title and subtitle had not been enacted. 3. No mandate of guaranteed issue or community rating Nothing in this Act shall be construed to provide a mandate for guaranteed issue or community rating in the private insurance market. I Tax Incentives for Maintaining Health Insurance Coverage 101. Refundable tax credit for health insurance costs of low-income individuals (a) In general Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986, as amended by section 2, is amended by inserting after section 36A the following new section: 36B. Health insurance costs of low-income individuals (a) In general In the case of an individual, there shall be allowed as a credit against the tax imposed by subtitle A the aggregate amount paid by the taxpayer for coverage of the taxpayer and the taxpayer’s qualifying family members under qualified health insurance for eligible coverage months beginning in the taxable year. (b) Limitations (1) In general The amount allowable as a credit under subsection (a) for the taxable year shall not exceed the lesser of— (A) the sum of the monthly limitations for months during such taxable year that the taxpayer or the taxpayer’s qualifying family members is an eligible individual, and (B) the aggregate premiums paid by the taxpayer for the taxable year for coverage described in subsection (a). (2) Monthly limitation The monthly limitation for any month is the credit percentage of 1/12 of the sum of— (A) $2,000 for coverage of the taxpayer ($4,000 in the case of a joint return for coverage of the taxpayer and the taxpayer’s spouse), and (B) $500 for coverage of each dependent of the taxpayer. (3) Credit percentage (A) In general For purposes of this section, the term credit percentage means 100 percent reduced by 1 percentage point for each $1,000 (or fraction thereof) by which the taxpayer’s adjusted gross income for the taxable year exceeds the threshold amount. (B) Threshold amount For purposes of this paragraph, the term threshold amount means, with respect to any taxpayer for any taxable year, 200 percent of the Federal poverty guideline (as determined by the Secretary of Health and Human Services for the taxable year) applicable to the taxpayer. (4) Only 2 dependents taken into account Not more than 2 dependents of the taxpayer may be taken into account under paragraphs (2)(C) and (3)(B). (5) Inflation adjustment In the case of any taxable year beginning in a calendar year after 2013, each dollar amount contained in paragraph (2) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2012 for calendar year 1992 in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $50. (c) Eligible coverage month For purposes of this section, the term eligible coverage month means, with respect to any individual, any month if, as of the first day of such month, the individual— (1) is covered by qualified health insurance, (2) does not have other specified coverage, and (3) is not imprisoned under Federal, State, or local authority. (d) Qualifying family member For purposes of this section, the term qualifying family member means— (1) in the case of a joint return, the taxpayer’s spouse, and (2) any dependent of the taxpayer. (e) Qualified health insurance For purposes of this section, the term qualified health insurance means health insurance coverage (other than excepted benefits as defined in section 9832(c)) which constitutes medical care. (f) Other specified coverage For purposes of this section, an individual has other specified coverage for any month if, as of the first day of such month— (1) Coverage under Medicare, Medicaid, or SCHIP Such individual— (A) is entitled to benefits under part A of title XVIII of the Social Security Act or is enrolled under part B of such title, or (B) is enrolled in the program under title XIX or XXI of such Act (other than under section 1928 of such Act). (2) Certain other coverage Such individual— (A) is enrolled in a health benefits plan under chapter 89 of title 5, United States Code, (B) is entitled to receive benefits under chapter 55 of title 10, United States Code, (C) is entitled to receive benefits under chapter 17 of title 38, United States Code, (D) is enrolled in a group health plan (within the meaning of section 5000(b)(1)) which is subsidized by the employer, or (E) is a member of a health care sharing ministry. (3) Health care sharing ministry For purposes of this subsection, the term health care sharing ministry means an organization— (A) which is described in section 501(c)(3) and is exempt from taxation under section 501(a), (B) members of which share a common set of ethical or religious beliefs and share medical expenses among members in accordance with those beliefs and without regard to the State in which a member resides or is employed, (C) members of which retain membership even after they develop a medical condition, (D) which (or a predecessor of which) has been in existence at all times since December 31, 1999, and medical expenses of its members have been shared continuously and without interruption since at least December 31, 1999, and (E) which conducts an annual audit which is performed by an independent certified public accounting firm in accordance with generally accepted accounting principles and which is made available to the public upon request. (g) Special rules (1) Coordination with advance payments of credit; recapture of excess advance payments With respect to any taxable year— (A) the amount which would (but for this subsection) be allowed as a credit to the taxpayer under subsection (a) shall be reduced (but not below zero) by the aggregate amount paid on behalf of such taxpayer under section 7529 for months beginning in such taxable year, and (B) the tax imposed by section 1 for such taxable year shall be increased by the excess (if any) of— (i) the aggregate amount paid on behalf of such taxpayer under section 7529 for months beginning in such taxable year, over (ii) the amount which would (but for this subsection) be allowed as a credit to the taxpayer under subsection (a). (2) Coordination with other deductions Amounts taken into account under subsection (a) shall not be taken into account in determining— (A) any deduction allowed under section 162(l), 213, or 224, or (B) any credit allowed under section 35. (3) Medical and health savings accounts Amounts distributed from an Archer MSA (as defined in section 220(d)) or from a health savings account (as defined in section 223(d)) shall not be taken into account under subsection (a). (4) Denial of credit to dependents and nonpermanent resident alien individuals No credit shall be allowed under this section to any individual who is— (A) not a citizen or lawful permanent resident of the United States for the calendar year in which the taxable year begins, or (B) a dependent with respect to another taxpayer for a taxable year beginning in the calendar year in which such individual’s taxable year begins. (5) Insurance which covers other individuals For purposes of this section, rules similar to the rules of section 213(d)(6) shall apply with respect to any contract for qualified health insurance under which amounts are payable for coverage of an individual other than the taxpayer and qualifying family members. (6) Treatment of payments For purposes of this section— (A) Payments by secretary Payments made by the Secretary on behalf of any individual under section 7529 (relating to advance payment of credit for health insurance costs of low-income individuals) shall be treated as having been made by the taxpayer on the first day of the month for which such payment was made. (B) Payments by taxpayer Payments made by the taxpayer for eligible coverage months shall be treated as having been made by the taxpayer on the first day of the month for which such payment was made. (7) Regulations The Secretary may prescribe such regulations and other guidance as may be necessary or appropriate to carry out this section, section 6050W, and section 7529. . (b) Conforming amendments (1) Paragraph (2) of section 1324(b) of title 31, United States Code, as amended by section 2, is amended by inserting 36B, after 36A, . (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986, as amended by section 2, is amended by inserting after the item relating to section 36A the following new item: Sec. 36B. Health insurance costs of low-income individuals. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. (d) Sense of Congress It is the sense of Congress that the cost of the advanceable refundable credit under sections 36B and 7529 of the Internal Revenue Code of 1986, as added by this title, will be offset by savings derived from the provisions of title XIII. 102. Advance payment of credit as premium payment for qualified health insurance (a) In general Chapter 77 of the Internal Revenue Code of 1986 (relating to miscellaneous provisions) is amended by adding at the end the following: 7529. Advance payment of credit as premium payment for qualified health insurance (a) General rule Not later than January 1, 2014, the Secretary shall establish a program for making payments to providers of qualified health insurance (as defined in section 36B(e)) on behalf of taxpayers eligible for the credit under section 36B. Except as otherwise provided by the Secretary, such payments shall be made on the basis of the adjusted gross income of the taxpayer for the preceding taxable year. (b) Certification process and proof of coverage For purposes of this section, payments may be made pursuant to subsection (a) only with respect to individuals for whom a qualified health insurance costs credit eligibility certificate is in effect. . (b) Disclosure of return information for purposes of advance payment of credit as premiums for qualified health insurance (1) In general Subsection (l) of section 6103 of such Code, as amended by section 2, is amended by adding at the end the following new paragraph: (21) Disclosure of return information for purposes of advance payment of credit as premiums for qualified health insurance The Secretary may, on behalf of taxpayers eligible for the credit under section 36B, disclose to a provider of qualified health insurance (as defined in section 36(e)), and persons acting on behalf of such provider, return information with respect to any such taxpayer only to the extent necessary (as prescribed by regulations issued by the Secretary) to carry out the program established by section 7529 (relating to advance payment of credit as premium payment for qualified health insurance). . (2) Confidentiality of information Paragraph (3) of section 6103(a) of such Code, as amended by section 2, is amended by striking or (20) and inserting (20), or (21) . (3) Unauthorized disclosure Paragraph (2) of section 7213(a) of such Code, as amended by section 2, is amended by striking or (20) and inserting (20), or (21) . (c) Information reporting (1) In general Subpart B of part III of subchapter A of chapter 61 of such Code (relating to information concerning transactions with other persons) is amended by adding at the end the following new section: 6050X. Returns relating to credit for health insurance costs of low-income individuals (a) Requirement of reporting Every person who is entitled to receive payments for any month of any calendar year under section 7529 (relating to advance payment of credit as premium payment for qualified health insurance) with respect to any individual shall, at such time as the Secretary may prescribe, make the return described in subsection (b) with respect to each such individual. (b) Form and manner of returns A return is described in this subsection if such return— (1) is in such form as the Secretary may prescribe, and (2) contains— (A) the name, address, and TIN of each individual referred to in subsection (a), (B) the number of months for which amounts were entitled to be received with respect to such individual under section 7529 (relating to advance payment of credit as premium payment for qualified health insurance), (C) the amount entitled to be received for each such month, and (D) such other information as the Secretary may prescribe. (c) Statements To be furnished to individuals with respect to whom information is required Every person required to make a return under subsection (a) shall furnish to each individual whose name is required to be set forth in such return a written statement showing— (1) the name and address of the person required to make such return and the phone number of the information contact for such person, and (2) the information required to be shown on the return with respect to such individual. The written statement required under the preceding sentence shall be furnished on or before January 31 of the year following the calendar year for which the return under subsection (a) is required to be made. . (2) Assessable penalties (A) Subparagraph (B) of section 6724(d)(1) of such Code, as amended by section 2, is amended by striking or at the end of clause (xxii), by striking and at the end of clause (xxiii) and inserting or , and by inserting after clause (xxiii) the following new clause: (xxiv) section 6050X (relating to returns relating to credit for health insurance costs of low-income individuals), and . (B) Paragraph (2) of section 6724(d) of such Code, as amended by section 2, is amended by striking or at the end of subparagraph (EE), by striking the period at the end of subparagraph (FF) and inserting , or , and by adding after subparagraph (FF) the following new subparagraph: (GG) section 6050X (relating to returns relating to credit for health insurance costs of low-income individuals). . (d) Clerical amendments (1) The table of sections for chapter 77 of such Code is amended by adding at the end the following new item: Sec. 7529. Advance payment of credit as premium payment for qualified health insurance. . (2) The table of sections for subpart B of part III of subchapter A of chapter 61 of such Code is amended by adding at the end the following new item: Sec. 6050X. Returns relating to credit for health insurance costs of low-income individuals. . (e) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act. 103. Election of tax credit instead of alternative government or group plan benefits (a) In general Notwithstanding any other provision of law, an individual who is otherwise eligible for benefits under a health program (as defined in subsection (c)) may elect, in a form and manner specified by the Secretary of Health and Human Services in consultation with the Secretary of the Treasury, to receive a tax credit described in section 36B of the Internal Revenue Code of 1986 (which may be used for the purpose of health insurance coverage) in lieu of receiving any benefits under such program. (b) Effective date An election under subsection (a) may first be made for calendar year 2014 and any such election shall be effective for such period (not less than one calendar year) as the Secretary of Health and Human Services shall specify, in consultation with the Secretary of the Treasury. (c) Health program defined For purposes of this section, the term health program means any of the following: (1) Medicare The Medicare program under part A of title XVIII of the Social Security Act. (2) Medicaid The Medicaid program under title XIX of such Act (including such a program operating under a Statewide waiver under section 1115 of such Act). (3) SCHIP The State children’s health insurance program under title XXI of such Act. (4) TRICARE The TRICARE program under chapter 55 of title 10, United States Code. (5) Veterans benefits Coverage for benefits under chapter 17 of title 38, United States Code. (6) FEHBP Coverage under chapter 89 of title 5, United States Code. (7) Subsidized group health plans Coverage under a group health plan (within the meaning of section 5000(b)(1)) which is subsidized by the employer. (d) Other Social Security benefits not waived An election to waive the benefits described in subsection (c)(1) shall not result in the waiver of any other benefits under the Social Security Act. 104. Deduction for qualified health insurance costs of individuals (a) In general Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions) is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: 224. Costs of qualified health insurance (a) In general In the case of an individual, there shall be allowed as a deduction an amount equal to the amount paid during the taxable year for coverage for the taxpayer, his spouse, and dependents under qualified health insurance. (b) Limitation In the case of any taxpayer for any taxable year, the deduction under subsection (a) shall not exceed an amount that would cause the taxpayer’s Federal income tax liability to be reduced by more than the average value of the national health exclusion for employer-sponsored insurance as determined by calculating the value of the exclusion for each household followed by calculating the average of those values. (c) Qualified health insurance For purposes of this section, the term qualified health insurance has the meaning given such term by section 36B(e). (d) Special rules (1) Coordination with medical deduction, etc Any amount paid by a taxpayer for insurance to which subsection (a) applies shall not be taken into account in computing the amount allowable to the taxpayer as a deduction under section 162(l) or 213(a). Any amount taken into account in determining the credit allowed under section 35 or 36B shall not be taken into account for purposes of this section. (2) Deduction not allowed for self-employment tax purposes The deduction allowable by reason of this section shall not be taken into account in determining an individual’s net earnings from self-employment (within the meaning of section 1402(a)) for purposes of chapter 2. . (b) Deduction allowed in computing adjusted gross income Subsection (a) of section 62 of such Code is amended by inserting before the last sentence the following new paragraph: (22) Costs of qualified health insurance The deduction allowed by section 224. . (c) Clerical amendment The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by redesignating the item relating to section 224 as an item relating to section 225 and inserting before such item the following new item: Sec. 224. Costs of qualified health insurance. . (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. 105. Limitation on abortion funding No funds authorized under, or credits or deductions allowed under the Internal Revenue Code of 1986 by reason of, this Act (or any amendment made by this Act) may be used to pay for any abortion or to cover any part of the costs of any health plan that includes coverage of abortion, except in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself, or unless the pregnancy is the result of an act of rape or incest. 106. No government discrimination against certain health care entities (a) Non-Discrimination A Federal agency or program, and any State or local government that receives Federal financial assistance under this Act or any amendment made by this Act (either directly or indirectly), may not subject any individual or institutional health care entity to discrimination on the basis that the health care entity does not provide, pay for, provide coverage of, or refer for abortions. (b) Health care entity defined For purposes of this section, the term health care entity includes an individual physician or other health care professional, a hospital, a provider-sponsored organization, a health maintenance organization, a health insurance plan, or any other kind of health care facility, organization, or plan. (c) Remedies (1) In general The courts of the United States shall have jurisdiction to prevent and redress actual or threatened violations of this section by issuing any form of legal or equitable relief, including— (A) injunctions prohibiting conduct that violates this section; and (B) orders preventing the disbursement of all or a portion of Federal financial assistance to a State or local government, or to a specific offending agency or program of a State or local government, until such time as the conduct prohibited by this section has ceased. (2) Commencement of action An action under this subsection may be instituted by— (A) any health care entity that has standing to complain of an actual or threatened violation of this section; or (B) the Attorney General of the United States. (d) Administration The Secretary of Health and Human Services shall designate the Director of the Office for Civil Rights of the Department of Health and Human Services— (1) to receive complaints alleging a violation of this section; (2) subject to paragraph (3), to pursue the investigation of such complaints in coordination with the Attorney General; and (3) in the case of a complaint related to a Federal agency (other than with respect to the Department of Health and Human Services) or program administered through such other agency or any State or local government receiving Federal financial assistance through such other agency, to refer the complaint to the appropriate office of such other agency. 107. Equal employer contribution rule to promote choice (a) In general Section 5000 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (e) Health care contribution election (1) In general Subsection (a) shall not apply in the case of a group health plan with respect to which the requirements of paragraphs (2) and (3) are met. (2) Contribution election The requirement of this paragraph is met with respect to a group health plan if any employee of an employer (who but for this paragraph would be covered by such plan) may elect to have the employer or employee organization pay an amount which is not less than the contribution amount to any provider of health insurance coverage (other than excepted benefits as defined in section 9832(c)) which constitutes medical care of the individual or individual’s spouse or dependents in lieu of such group health plan coverage otherwise provided or contributed to by the employer with respect to such employee. (3) Pre-existing conditions (A) In general The requirement of this paragraph is met with respect to health insurance coverage provided to a participant or beneficiary by any health insurance issuer if, under such plan the requirements of section 9801 are met with respect to the participant or beneficiary. (B) Enforcement with respect to individual election For purposes of subparagraph (A), any health insurance coverage with respect to the participant or beneficiary shall be treated as health insurance coverage under a group health plan to which section 9801 applies. (4) Contribution amount For purposes of this section, the term contribution amount means, with respect to an individual under a group health plan, the portion of the applicable premium of such individual under such plan (as determined under section 4980B(f)(4)) which is not paid by the individual. In the case that the employer offers more than one group health plan, the contribution amount shall be the average amount of the applicable premiums under such plans. (5) Group health plan For purpose of this subsection, subsection (d) shall not apply. (6) Application to FEHBP Notwithstanding any other provision of law, the Office of Personnel Management shall carry out the health benefits program under chapter 89 of title 5, United States Code, consistent with the requirements of this subsection. . (b) Requirement of equal contributions to all FEHBP plans Section 8906 of title 5, United States Code, is amended by adding at the end the following new subsection: (j) Notwithstanding the previous provisions of this section the Office of Personnel Management shall revise the amount of the Government contribution made under this section in a manner so that— (1) the amount of such contribution does not change based on the health benefits plan in which the individual is enrolled; and (2) the aggregate amount of such contributions is estimated to be equal to the aggregate amount of such contributions if this subsection did not apply. . (c) Employee Retirement Income Security Act of 1974 conforming amendments (1) Exception from HIPAA requirements for benefits provided under health care contribution election Section 732 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1191a ) is amended by adding at the end the following new subsection: (e) Health care contribution election (1) In general The requirements of this part shall not apply in the case of health insurance coverage (other than excepted benefits as defined in section 9832(c) of the Internal Revenue Code of 1986)— (A) which is provided to a participant or beneficiary by a health insurance issuer under a group health plan, and (B) with respect to which the requirements of paragraphs (2) and (3) are met. (2) Contribution election The requirement of this paragraph is met with respect to health insurance coverage provided to a participant or beneficiary by any health insurance issuer under a group health plan if, under such plan— (A) the participant may elect such coverage for any period of coverage in lieu of health insurance coverage otherwise provided under such plan for such period, and (B) in the case of such an election, the plan sponsor is required to pay to such issuer for the elected coverage for such period an amount which is not less than the contribution amount for such health insurance coverage otherwise provided under such plan for such period. (3) Pre-existing conditions (A) In general The requirement of this paragraph is met with respect to health insurance coverage provided to a participant or beneficiary by any health insurance issuer if, under such plan the requirements of section 701 are met with respect to the participant or beneficiary. (B) Enforcement with respect to individual election For purposes of subparagraph (A), any health insurance coverage with respect to the participant or beneficiary shall be treated as health insurance coverage under a group health plan to which section 701 applies. (4) Contribution amount (A) In general For purposes of this section, the term contribution amount means, with respect to any period of health insurance coverage offered to a participant or beneficiary, the portion of the applicable premium of such participant or beneficiary under such plan which is not paid by such participant or beneficiary. In the case that the employer offers more than one group health plan, the contribution amount shall be the average amount of the applicable premiums under such plans. (B) Applicable premium For purposes of subparagraph (A), the term applicable premium means, with respect to any period of health insurance coverage of a participant or beneficiary under a group health plan, the cost to the plan for such period of such coverage for similarly situated beneficiaries (without regard to whether such cost is paid by the plan sponsor or the participant or beneficiary). . (2) Exemption from fiduciary liability Section 404 of such Act ( 29 U.S.C. 1104 ) is amended by adding at the end the following new subsection: (e) The plan sponsor of a group health plan (as defined in section 733(a)) shall not be treated as breaching any of the responsibilities, obligations, or duties imposed upon fiduciaries by this title in the case of any individual who is a participant or beneficiary under such plan solely because of the extent to which the plan sponsor provides, in the case of such individual, some or all of such benefits by means of payment of contribution amounts pursuant to a contribution election under section 732(e), irrespective of the amount or type of benefits that would otherwise be provided to such individual under such plan. . (d) Exception from HIPAA requirements under IRC for benefits provided under health care contribution election Section 9831 of the Internal Revenue Code of 1986 (relating to general exceptions) is amended by adding at the end the following new subsection: (d) Health care contribution election (1) In general The requirements of this chapter shall not apply in the case of health insurance coverage (other than excepted benefits as defined in section 9832(c))— (A) which is provided to a participant or beneficiary by a health insurance issuer under a group health plan, and (B) with respect to which the requirements of paragraphs (2) and (3) are met. (2) Contribution election The requirement of this paragraph is met with respect to health insurance coverage provided to a participant or beneficiary by any health insurance issuer under a group health plan if, under such plan— (A) the participant may elect such coverage for any period of coverage in lieu of health insurance coverage otherwise provided under such plan for such period, and (B) in the case of such an election, the plan sponsor is required to pay to such issuer for the elected coverage for such period an amount which is not less than the contribution amount for such health insurance coverage otherwise provided under such plan for such period. (3) Pre-existing conditions (A) In general The requirement of this paragraph is met with respect to health insurance coverage provided to a participant or beneficiary by any health insurance issuer if, under such plan the requirements of section 9801 are met with respect to the participant or beneficiary. (B) Enforcement with respect to individual election For purposes of subparagraph (A), any health insurance coverage with respect to the participant or beneficiary shall be treated as health insurance coverage under a group health plan to which section 9801 applies. (4) Contribution amount (A) In general For purposes of this subsection, the term contribution amount means, with respect to any period of health insurance coverage offered to a participant or beneficiary, the portion of the applicable premium of such participant or beneficiary under such plan which is not paid by such participant or beneficiary. In the case that the employer offers more than one group health plan, the contribution amount shall be the average amount of the applicable premiums under such plans. (B) Applicable premium For purposes of subparagraph (A), the term applicable premium means, with respect to any period of health insurance coverage of a participant or beneficiary under a group health plan, the cost to the plan for such period of such coverage for similarly situated beneficiaries (without regard to whether such cost is paid by the plan sponsor or the participant or beneficiary). . (e) Exception from HIPAA requirements under the PHSA for benefits provided under health care contribution election Section 2721 of the Public Health Service Act ( 42 U.S.C. 300gg–21 ) is amended— (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following new subsection: (e) Health care contribution election (1) In general The requirements of subparts 1 through 3 shall not apply in the case of health insurance coverage (other than excepted benefits as defined in section 9832(c) of the Internal Revenue Code of 1986)— (A) which is provided to a participant or beneficiary by a health insurance issuer under a group health plan, and (B) with respect to which the requirements of paragraphs (2) and (3) are met. (2) Contribution election The requirement of this paragraph is met with respect to health insurance coverage provided to a participant or beneficiary by any health insurance issuer under a group health plan if, under such plan— (A) the participant may elect such coverage for any period of coverage in lieu of health insurance coverage otherwise provided under such plan for such period, and (B) in the case of such an election, the plan sponsor is required to pay to such issuer for the elected coverage for such period an amount which is not less than the contribution amount for such health insurance coverage otherwise provided under such plan for such period. (3) Pre-existing conditions (A) In general The requirement of this paragraph is met with respect to health insurance coverage provided to a participant or beneficiary by any health insurance issuer if, under such plan the requirements of section 2701 are met with respect to the participant or beneficiary. (B) Enforcement with respect to individual election For purposes of subparagraph (A), any health insurance coverage with respect to the participant or beneficiary shall be treated as health insurance coverage under a group health plan to which section 2701 applies. (4) Contribution amount (A) In general For purposes of this section, the term contribution amount means, with respect to any period of health insurance coverage offered to a participant or beneficiary, the portion of the applicable premium of such participant or beneficiary under such plan which is not paid by such participant or beneficiary. In the case that the employer offers more than one group health plan, the contribution amount shall be the average amount of the applicable premiums under such plans. (B) Applicable premium For purposes of subparagraph (A), the term applicable premium means, with respect to any period of health insurance coverage of a participant or beneficiary under a group health plan, the cost to the plan for such period of such coverage for similarly situated beneficiaries (without regard to whether such cost is paid by the plan sponsor or the participant or beneficiary). . 108. Limitations on State restrictions on employer auto-enrollment (a) In general No State shall establish a law that prevents an employer that is allowed an exclusion from gross income, a deduction, or a credit for Federal income tax purposes for health benefits furnished to a participant or beneficiary from instituting auto-enrollment which meets the requirements of subsection (b) for coverage of a participant or beneficiary under a group health plan, or health insurance coverage offered in connection with such a plan, so long as the participant or beneficiary has the option of declining such coverage. (b) Automatic enrollment for employer-Sponsored health benefits (1) In general The requirement of this subsection with respect to an employer and an employee is that the employer automatically enroll such employee into the employment-based health benefits plan for individual coverage under the plan option with the lowest applicable employee premium. (2) Opt-out In no case may an employer automatically enroll an employee in a plan under paragraph (1) if such employee makes an affirmative election to opt-out of such plan or to elect coverage under an employment-based health benefits plan offered by such employer. An employer shall provide an employee with a 30-day period to make such an affirmative election before the employer may automatically enroll the employee in such a plan. (3) Notice requirements (A) In general Each employer described in paragraph (1) who automatically enrolls an employee into a plan as described in such paragraph shall provide the employees, within a reasonable period before the beginning of each plan year (or, in the case of new employees, within a reasonable period before the end of the enrollment period for such a new employee), written notice of the employees’ rights and obligations relating to the automatic enrollment requirement under such paragraph. Such notice must be comprehensive and understood by the average employee to whom the automatic enrollment requirement applies. (B) Inclusion of specific information The written notice under subparagraph (A) must explain an employee’s right to opt out of being automatically enrolled in a plan and in the case that more than one level of benefits or employee premium level is offered by the employer involved, the notice must explain which level of benefits and employee premium level the employee will be automatically enrolled in the absence of an affirmative election by the employee. (c) Construction Nothing in this section shall be construed to supersede State law which establishes, implements, or continues in effect any standard or requirement relating to employers in connection with payroll or the sponsoring of employer-sponsored health insurance coverage except to the extent that such standard or requirement prevents an employer from instituting the auto-enrollment described in subsection (a). (d) Non-Application to excepted benefits For purposes of this section, the term group health plan does not include excepted benefits (as defined in section 2781(c) of the Public Health Service Act ( 42 U.S.C. 300gg–91(c) )). 109. Credit for small employers adopting auto-enrollment and defined contribution options (a) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986, as amended by section 2, is amended by adding at the end the following new section: 45R. Auto-enrollment and defined contribution option for health benefits plans of small employers (a) In general For purposes of section 38, in the case of a small employer, the health benefits plan implementation credit determined under this section for the taxable year is an amount equal to 100 percent of the amount paid or incurred by the taxpayer during the taxable year for qualified health benefits expenses. (b) Limitation The credit determined under subsection (a) with respect to any taxpayer for any taxable year shall not exceed the excess of— (1) $1,500, over (2) sum of the credits determined under subsection (a) with respect to such taxpayer for all preceding taxable years. (c) Qualified health benefits expenses For purposes of this section, the term qualified health benefits auto-enrollment expenses means, with respect to any taxable year, amounts paid or incurred by the taxpayer during such taxable year for— (1) establishing auto-enrollment which meets the requirements of section 107 of the Empowering Patients First Act of 2013 for coverage of a participant or beneficiary under a group health plan, or health insurance coverage offered in connection with such a plan, and (2) implementing the employer contribution option for health insurance coverage pursuant to section 5000(e)(2). (d) Qualified small employer For purposes of this section, the term qualified small employer means any employer for any taxable year if the number of employees employed by such employer during such taxable year does not exceed 50. All employers treated as a single employer under section (a) or (b) of section 52 shall be treated as a single employer for purposes of this section. (e) No double benefit No deduction or credit shall be allowed under any other provision of this chapter with respect to the amount of the credit determined under this section. (f) Termination Subsection (a) shall not apply to any taxable year beginning after the date which is 2 years after the date of the enactment of this section. . (b) Credit To be part of general business credit Subsection (b) of section 38 of such Code, as amended by section 2, is amended by striking plus at the end of paragraph (34), by striking the period at the end of paragraph (35) and inserting , plus , and by adding at the end the following new paragraph: (36) in the case of a small employer (as defined in section 45R(d)), the health benefits plan implementation credit determined under section 45R(a). . (c) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code, as amended by section 2, is amended by inserting after the item relating to section 45Q the following new item: Sec. 45R. Auto-enrollment and defined contribution option for health benefits plans of small employers. . (d) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 110. HSA modifications and clarifications (a) Clarification of treatment of capitated primary care payments as amounts paid for medical care Section 213(d) of the Internal Revenue Code of 1986 (relating to definitions) is amended by adding at the end the following new paragraph: (12) Treatment of capitated primary care payments Capitated primary care payments shall be treated as amounts paid for medical care. . (b) Special rule for individuals eligible for veterans or Indian health benefits Section 223(c)(1) of such Code (defining eligible individual) is amended by adding at the end the following new subparagraph: (C) Special rule for individuals eligible for veterans or Indian health 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 under any law administered by the Secretary of Veterans Affairs or the Bureau of Indian Affairs. . (c) Certain physician fees To be treated as medical care Section 213(d) of such Code is amended by adding at the end the following new paragraph: (13) Pre-paid physician fees The term medical care shall include amounts paid by patients to their primary physician in advance for the right to receive medical services on an as-needed basis. . (d) Application to health care sharing ministries Section 223 of such Code 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 36B(f)(3)) shall be treated as coverage under a high deductible health plan. . (e) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. II Health Insurance Pooling Mechanisms for Individuals A Federal Grants for State Insurance Expenditures 201. Federal grants for State insurance expenditures (a) In General Subject to the succeeding provisions of this section, each State shall receive from the Secretary of Health and Human Services (in this subtitle referred to as the Secretary ) a grant for the State’s providing for the use, in connection with providing health benefits coverage, of a qualifying high-risk pool or a reinsurance pool or other risk-adjustment mechanism used for the purpose of subsidizing the purchase of private health insurance. (b) Funding amount (1) In general There are hereby appropriated, out of any funds in the Treasury not otherwise appropriated, $300,000,000 for each of fiscal years 2014, 2015, and 2016 for grants under this section. Such amount shall be divided among the States as determined by the Secretary. (2) Construction Nothing in this section shall be construed as preventing a State from using funding under section 2745 of the Public Health Service Act for purposes of funding reinsurance or other risk mechanisms. (c) Limitation Funding under subsection (a) may only be used for the following: (1) Qualifying high-risk pools (A) Current pools A qualifying high-risk pool created before the date of the enactment of this Act that only cover high-risk populations and individuals (and their spouse and dependents) receiving a health care tax credit under section 35 of the Internal Revenue Code of 1986 for a limited period of time as determined by the Secretary or under section 2741 of Public Health Service Act. (B) New pools A qualifying high-risk pool created on or after such date that only covers populations and individuals described in subparagraph (A) if the pool— (i) offers at least the option of one or more high-deductible plan options, in combination with a contribution into a health savings account; (ii) offers multiple competing health plan options; and (iii) covers only high-risk populations. (2) Risk insurance pool or other risk-adjustment mechanisms (A) Current reinsurance A reinsurance pool, or other risk-adjustment mechanism, created before the date of the enactment of this Act that only covers populations and individuals described in paragraph (1)(A). (B) New pools A reinsurance pool or other risk-adjustment mechanism created on or after such date that provides reinsurance only covers populations and individuals described in paragraph (1)(A) and only on a prospective basis under which a health insurance issuer cedes covered lives to the pool in exchange for payment of a reinsurance premium. (3) Transition Nothing in this section shall be construed as preventing a State from using funds available to transition from an existing high-risk pool to a reinsurance pool. (d) Bonus payments With respect to any amounts made available to the States under this section, the Secretary shall set aside a portion of such amounts that shall only be available for the following activities by such States: (1) Providing guaranteed availability of individual health insurance coverage to certain individuals with prior group coverage under part B of title XXVII of the Public Health Service Act. (2) A reduction in premium trends, actual premiums, or other cost-sharing requirements. (3) An expansion or broadening of the pool of high-risk individuals eligible for coverage. (4) States that adopt the Model Health Plan for Uninsurable Individuals Act of the National Association of Insurance Commissioners (if and when updated by such Association). The Secretary may request such Association to update such Model Health Plan as needed by 2015. (e) Administration The Secretary shall provide for the administration of this section and may establish such terms and conditions, including the requirement of an application, as may be appropriate to carry out this section. (f) Construction Nothing in this section shall be construed as requiring a State to operate a reinsurance pool (or other risk-adjustment mechanism) under this section or as preventing a State from operating such a pool or mechanism through one or more private entities. (g) Definitions In this section: (1) Qualifying high-risk pool The term qualifying high-risk pool means any qualified high-risk pool (as defined in subsection (g)(1)(A) of section 2745 of the Public Health Service Act ) that meets the conditions to receive a grant under section (b)(1) of such section. (2) Reinsurance pool or other risk-Adjustment mechanism defined The term reinsurance pool or other risk-adjustment mechanism means any State-based risk spreading mechanism to subsidize the purchase of private health insurance for the high-risk population. (3) High-Risk population The term high-risk population means— (A) individuals who, by reason of the existence or history of a medical condition, are able to acquire health coverage only at rates which are at least 150 percent of the standard risk rates for such coverage (in a non-community-rated non-guaranteed issue State), and (B) individuals who are provided health coverage by a high-risk pool. (4) State defined The term State includes the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands. (h) Extending funding Section 2745(d)(2) of the Public Health Service Act ( 42 U.S.C. 300gg–45(d)(2) ) is amended— (1) in the heading, by inserting and 2014 through 2016 after 2010 ; and (2) by inserting and for each of fiscal years 2014 through 2016 after for each of fiscal years 2007 through 2010 . (i) Sunset Funds made available under this section shall not be used for the purpose of subsidizing the purchase of private health insurance on or after October 1, 2016. B Health Care Access and Availability 211. Expansion of access and choice through individual and small employer membership associations (IMAs) The Public Health Service Act , as amended by section 2, is further amended by inserting after title XXX the following new title: XXXI Individual and Small Employer Membership Associations 3101. Definition of individual and small employer membership association (IMA) (a) In General For purposes of this title, the terms individual and small employer membership association and IMA mean a legal entity that meets the following requirements: (1) Organization The IMA is an organization operated under the direction of an association (as defined in section 3104(1)). (2) Offering health benefits coverage (A) Different groups The IMA, in conjunction with those health insurance issuers that offer health benefits coverage through the IMA, makes available health benefits coverage in the manner described in subsection (b) to all members of the IMA and the dependents of such members (and, in the case of small employers, employees and their dependents) in the manner described in subsection (c)(2) at rates that are established by the health insurance issuer on a policy or product specific basis and that may vary only as permissible under State law. (B) Nondiscrimination in coverage offered (i) In General Subject to clause (ii), the IMA may not offer health benefits coverage to a member of an IMA unless the same coverage is offered to all such members of the IMA. (ii) Construction Nothing in this title shall be construed as requiring or permitting a health insurance issuer to provide coverage outside the service area of the issuer, as approved under State law, or requiring a health insurance issuer from excluding or limiting the coverage on any individual, subject to the requirement of section 2741. (C) No financial underwriting The IMA provides health benefits coverage only through contracts with health insurance issuers and does not assume insurance risk with respect to such coverage. (3) Geographic areas Nothing in this title shall be construed as preventing the establishment and operation of more than one IMA in a geographic area or as limiting the number of IMAs that may operate in any area. (4) Provision of administrative services to purchasers (A) In General The IMA may provide administrative services for members. Such services may include accounting, billing, and enrollment information. (B) Construction Nothing in this subsection shall be construed as preventing an IMA from serving as an administrative service organization to any entity. (5) Filing information The IMA files with the Secretary information that demonstrates the IMA’s compliance with the applicable requirements of this title. (b) Health benefits coverage requirements (1) Compliance with consumer protection requirements Any health benefits coverage offered through an IMA shall— (A) be underwritten by a health insurance issuer that— (i) is licensed (or otherwise regulated) under State law, and (ii) meets all applicable State standards relating to consumer protection, subject to section 3102(b), and (B) subject to paragraph (2), be approved or otherwise permitted to be offered under State law. (2) Examples of types of coverage The benefits coverage made available through an IMA may include, but is not limited to, any of the following if it meets the other applicable requirements of this title: (A) Coverage through a health maintenance organization. (B) Coverage in connection with a preferred provider organization. (C) Coverage in connection with a licensed provider-sponsored organization. (D) Indemnity coverage through an insurance company. (E) Coverage offered in connection with a contribution into a medical savings account or flexible spending account. (F) Coverage that includes a point-of-service option. (G) Any combination of such types of coverage. (3) Wellness bonuses for health promotion Nothing in this title shall be construed as precluding a health insurance issuer offering health benefits coverage through an IMA from establishing premium discounts or rebates for members or from modifying otherwise applicable copayments or deductibles in return for adherence to programs of health promotion and disease prevention so long as such programs are agreed to in advance by the IMA and comply with all other provisions of this title and do not discriminate among similarly situated members. (c) Members; health insurance issuers (1) Members (A) In General Under rules established to carry out this title, with respect to an individual or small employer who is a member of an IMA, the individual may enroll for health benefits coverage (including coverage for dependents of such individual) or employer may enroll employees for health benefits coverage (including coverage for dependents of such employees) offered by a health insurance issuer through the IMA. (B) Rules for enrollment Nothing in this paragraph shall preclude an IMA from establishing rules of enrollment and reenrollment of members. Such rules shall be applied consistently to all members within the IMA and shall not be based in any manner on health status-related factors. (2) Health insurance issuers The contract between an IMA and a health insurance issuer shall provide, with respect to a member enrolled with health benefits coverage offered by the issuer through the IMA, for the payment of the premiums collected by the issuer. 3102. Application of certain laws and requirements State laws insofar as they relate to any of the following are superseded and shall not apply to health benefits coverage made available through an IMA: (1) Benefit requirements for health benefits coverage offered through an IMA, including (but not limited to) requirements relating to coverage of specific providers, specific services or conditions, or the amount, duration, or scope of benefits, but not including requirements to the extent required to implement title XXVII or other Federal law and to the extent the requirement prohibits an exclusion of a specific disease from such coverage. (2) Any other requirements (including limitations on compensation arrangements) that, directly or indirectly, preclude (or have the effect of precluding) the offering of such coverage through an IMA, if the IMA meets the requirements of this title. Any State law or regulation relating to the composition or organization of an IMA is preempted to the extent the law or regulation is inconsistent with the provisions of this title. 3103. Administration (a) In General The Secretary shall administer this title and is authorized to issue such regulations as may be required to carry out this title. Such regulations shall be subject to Congressional review under the provisions of chapter 8 of title 5, United States Code. The Secretary shall incorporate the process of deemed file and use with respect to the information filed under section 3101(a)(5)(A) and shall determine whether information filed by an IMA demonstrates compliance with the applicable requirements of this title. The Secretary shall exercise authority under this title in a manner that fosters and promotes the development of IMAs in order to improve access to health care coverage and services. (b) Periodic reports The Secretary shall submit to Congress a report every 30 months, during the 10-year period beginning on the effective date of the rules promulgated by the Secretary to carry out this title, on the effectiveness of this title in promoting coverage of uninsured individuals. The Secretary may provide for the production of such reports through one or more contracts with appropriate private entities. 3104. Definitions For purposes of this title: (1) Association The term association means, with respect to health insurance coverage offered in a State, a legal entity which— (A) has been actively in existence for at least 5 years; (B) has been formed and maintained in good faith for purposes other than obtaining insurance; (C) does not condition membership in the association on any health status-related factor relating to an individual (including an employee of an employer or a dependent of an employee); and (D) does not make health insurance coverage offered through the association available other than in connection with a member of the association. (2) Dependent The term dependent , as applied to health insurance coverage offered by a health insurance issuer licensed (or otherwise regulated) in a State, shall have the meaning applied to such term with respect to such coverage under the laws of the State relating to such coverage and such an issuer. Such term may include the spouse and children of the individual involved. (3) Health benefits coverage The term health benefits coverage has the meaning given the term health insurance coverage in section 2791(b)(1), and does not include excepted benefits (as defined in section 2791(c)). (4) Health insurance issuer The term health insurance issuer has the meaning given such term in section 2791(b)(2). (5) Health status-related factor The term health status-related factor has the meaning given such term in section 2791(d)(9). (6) IMA; individual and small employer membership association The terms IMA and individual and small employer membership association are defined in section 3101(a). (7) Member The term member means, with respect to an IMA, an individual or small employer who is a member of the association to which the IMA is offering coverage. (8) Small employer The term small employer has the meaning given such term in section 812(a)(13) of the Employee Retirement and Income Security Act of 1974. . C Small Business Health Fairness 221. Short title This subtitle may be cited as the Small Business Health Fairness Act of 2013 . 222. Rules governing association health plans (a) In General Subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding after part 7 the following new part: 8 RULES GOVERNING ASSOCIATION HEALTH PLANS 801. Association health plans (a) In General For purposes of this part, the term association health plan means a group health plan whose sponsor is (or is deemed under this part to be) described in subsection (b). (b) Sponsorship The sponsor of a group health plan is described in this subsection if such sponsor— (1) is organized and maintained in good faith, with a constitution and bylaws specifically stating its purpose and providing for periodic meetings on at least an annual basis, as a bona fide trade association, a bona fide industry association (including a rural electric cooperative association or a rural telephone cooperative association), a bona fide professional association, or a bona fide chamber of commerce (or similar bona fide business association, including a corporation or similar organization that operates on a cooperative basis (within the meaning of section 1381 of the Internal Revenue Code of 1986)), for substantial purposes other than that of obtaining or providing medical care; (2) is established as a permanent entity which receives the active support of its members and requires for membership payment on a periodic basis of dues or payments necessary to maintain eligibility for membership in the sponsor; and (3) does not condition membership, such dues or payments, or coverage under the plan on the basis of health status-related factors with respect to the employees of its members (or affiliated members), or the dependents of such employees, and does not condition such dues or payments on the basis of group health plan participation. Any sponsor consisting of an association of entities which meet the requirements of paragraphs (1), (2), and (3) shall be deemed to be a sponsor described in this subsection. 802. Certification of association health plans (a) In General The applicable authority shall prescribe by regulation a procedure under which, subject to subsection (b), the applicable authority shall certify association health plans which apply for certification as meeting the requirements of this part. (b) Standards Under the procedure prescribed pursuant to subsection (a), in the case of an association health plan that provides at least one benefit option which does not consist of health insurance coverage, the applicable authority shall certify such plan as meeting the requirements of this part only if the applicable authority is satisfied that the applicable requirements of this part are met (or, upon the date on which the plan is to commence operations, will be met) with respect to the plan. (c) Requirements Applicable to Certified Plans An association health plan with respect to which certification under this part is in effect shall meet the applicable requirements of this part, effective on the date of certification (or, if later, on the date on which the plan is to commence operations). (d) Requirements for Continued Certification The applicable authority may provide by regulation for continued certification of association health plans under this part. (e) Class Certification for Fully Insured Plans The applicable authority shall establish a class certification procedure for association health plans under which all benefits consist of health insurance coverage. Under such procedure, the applicable authority shall provide for the granting of certification under this part to the plans in each class of such association health plans upon appropriate filing under such procedure in connection with plans in such class and payment of the prescribed fee under section 807(a). (f) Certification of Self-Insured Association Health Plans An association health plan which offers one or more benefit options which do not consist of health insurance coverage may be certified under this part only if such plan consists of any of the following: (1) a plan which offered such coverage on the date of the enactment of the Small Business Health Fairness Act of 2013 , (2) a plan under which the sponsor does not restrict membership to one or more trades and businesses or industries and whose eligible participating employers represent a broad cross-section of trades and businesses or industries, or (3) a plan whose eligible participating employers represent one or more trades or businesses, or one or more industries, consisting of any of the following: agriculture; equipment and automobile dealerships; barbering and cosmetology; certified public accounting practices; child care; construction; dance, theatrical and orchestra productions; disinfecting and pest control; financial services; fishing; food service establishments; hospitals; labor organizations; logging; manufacturing (metals); mining; medical and dental practices; medical laboratories; professional consulting services; sanitary services; transportation (local and freight); warehousing; wholesaling/distributing; or any other trade or business or industry which has been indicated as having average or above-average risk or health claims experience by reason of State rate filings, denials of coverage, proposed premium rate levels, or other means demonstrated by such plan in accordance with regulations. 803. Requirements relating to sponsors and boards of trustees (a) Sponsor The requirements of this subsection are met with respect to an association health plan if the sponsor has met (or is deemed under this part to have met) the requirements of section 801(b) for a continuous period of not less than 3 years ending with the date of the application for certification under this part. (b) Board of Trustees The requirements of this subsection are met with respect to an association health plan if the following requirements are met: (1) Fiscal control The plan is operated, pursuant to a trust agreement, by a board of trustees which has complete fiscal control over the plan and which is responsible for all operations of the plan. (2) Rules of operation and financial controls The board of trustees has in effect rules of operation and financial controls, based on a 3-year plan of operation, adequate to carry out the terms of the plan and to meet all requirements of this title applicable to the plan. (3) Rules governing relationship to participating employers and to contractors (A) Board membership (i) In general Except as provided in clauses (ii) and (iii), the members of the board of trustees are individuals selected from individuals who are the owners, officers, directors, or employees of the participating employers or who are partners in the participating employers and actively participate in the business. (ii) Limitation (I) General rule Except as provided in subclauses (II) and (III), no such member is an owner, officer, director, or employee of, or partner in, a contract administrator or other service provider to the plan. (II) Limited exception for providers of services solely on behalf of the sponsor Officers or employees of a sponsor which is a service provider (other than a contract administrator) to the plan may be members of the board if they constitute not more than 25 percent of the membership of the board and they do not provide services to the plan other than on behalf of the sponsor. (III) Treatment of providers of medical care In the case of a sponsor which is an association whose membership consists primarily of providers of medical care, subclause (I) shall not apply in the case of any service provider described in subclause (I) who is a provider of medical care under the plan. (iii) Certain plans excluded Clause (i) shall not apply to an association health plan which is in existence on the date of the enactment of the Small Business Health Fairness Act of 2013 . (B) Sole authority The board has sole authority under the plan to approve applications for participation in the plan and to contract with a service provider to administer the day-to-day affairs of the plan. (c) Treatment of Franchise Networks In the case of a group health plan which is established and maintained by a franchiser for a franchise network consisting of its franchisees— (1) the requirements of subsection (a) and section 801(a) shall be deemed met if such requirements would otherwise be met if the franchiser were deemed to be the sponsor referred to in section 801(b), such network were deemed to be an association described in section 801(b), and each franchisee were deemed to be a member (of the association and the sponsor) referred to in section 801(b); and (2) the requirements of section 804(a)(1) shall be deemed met. The Secretary may by regulation define for purposes of this subsection the terms franchiser , franchise network , and franchisee . 804. Participation and coverage requirements (a) Covered Employers and Individuals The requirements of this subsection are met with respect to an association health plan if, under the terms of the plan— (1) each participating employer must be— (A) a member of the sponsor, (B) the sponsor, or (C) an affiliated member of the sponsor with respect to which the requirements of subsection (b) are met, except that, in the case of a sponsor which is a professional association or other individual-based association, if at least one of the officers, directors, or employees of an employer, or at least one of the individuals who are partners in an employer and who actively participates in the business, is a member or such an affiliated member of the sponsor, participating employers may also include such employer; and (2) all individuals commencing coverage under the plan after certification under this part must be— (A) active or retired owners (including self-employed individuals), officers, directors, or employees of, or partners in, participating employers; or (B) the beneficiaries of individuals described in subparagraph (A). (b) Coverage of Previously Uninsured Employees In the case of an association health plan in existence on the date of the enactment of the Small Business Health Fairness Act of 2013 , an affiliated member of the sponsor of the plan may be offered coverage under the plan as a participating employer only if— (1) the affiliated member was an affiliated member on the date of certification under this part; or (2) during the 12-month period preceding the date of the offering of such coverage, the affiliated member has not maintained or contributed to a group health plan with respect to any of its employees who would otherwise be eligible to participate in such association health plan. (c) Individual Market Unaffected The requirements of this subsection are met with respect to an association health plan if, under the terms of the plan, no participating employer may provide health insurance coverage in the individual market for any employee not covered under the plan which is similar to the coverage contemporaneously provided to employees of the employer under the plan, if such exclusion of the employee from coverage under the plan is based on a health status-related factor with respect to the employee and such employee would, but for such exclusion on such basis, be eligible for coverage under the plan. (d) Prohibition of Discrimination Against Employers and Employees Eligible To Participate The requirements of this subsection are met with respect to an association health plan if— (1) under the terms of the plan, all employers meeting the preceding requirements of this section are eligible to qualify as participating employers for all geographically available coverage options, unless, in the case of any such employer, participation or contribution requirements of the type referred to in section 2711 of the Public Health Service Act are not met; (2) upon request, any employer eligible to participate is furnished information regarding all coverage options available under the plan; and (3) the applicable requirements of sections 701, 702, and 703 are met with respect to the plan. 805. Other requirements relating to plan documents, contribution rates, and benefit options (a) In General The requirements of this section are met with respect to an association health plan if the following requirements are met: (1) Contents of governing instruments The instruments governing the plan include a written instrument, meeting the requirements of an instrument required under section 402(a)(1), which— (A) provides that the board of trustees serves as the named fiduciary required for plans under section 402(a)(1) and serves in the capacity of a plan administrator (referred to in section 3(16)(A)); (B) provides that the sponsor of the plan is to serve as plan sponsor (referred to in section 3(16)(B)); and (C) incorporates the requirements of section 806. (2) Contribution rates must be nondiscriminatory (A) The contribution rates for any participating small employer do not vary on the basis of any health status-related factor in relation to employees of such employer or their beneficiaries and do not vary on the basis of the type of business or industry in which such employer is engaged. (B) Nothing in this title or any other provision of law shall be construed to preclude an association health plan, or a health insurance issuer offering health insurance coverage in connection with an association health plan, from— (i) setting contribution rates based on the claims experience of the plan; or (ii) varying contribution rates for small employers in a State to the extent that such rates could vary using the same methodology employed in such State for regulating premium rates in the small group market with respect to health insurance coverage offered in connection with bona fide associations (within the meaning of section 2791(d)(3) of the Public Health Service Act ), subject to the requirements of section 702(b) relating to contribution rates. (3) Floor for number of covered individuals with respect to certain plans If any benefit option under the plan does not consist of health insurance coverage, the plan has as of the beginning of the plan year not fewer than 1,000 participants and beneficiaries. (4) Marketing requirements (A) In general If a benefit option which consists of health insurance coverage is offered under the plan, State-licensed insurance agents shall be used to distribute to small employers coverage which does not consist of health insurance coverage in a manner comparable to the manner in which such agents are used to distribute health insurance coverage. (B) State-licensed insurance agents For purposes of subparagraph (A), the term State-licensed insurance agents means one or more agents who are licensed in a State and are subject to the laws of such State relating to licensure, qualification, testing, examination, and continuing education of persons authorized to offer, sell, or solicit health insurance coverage in such State. (5) Regulatory requirements Such other requirements as the applicable authority determines are necessary to carry out the purposes of this part, which shall be prescribed by the applicable authority by regulation. (b) Ability of Association Health Plans To Design Benefit Options Subject to section 514(d), nothing in this part or any provision of State law (as defined in section 514(c)(1)) shall be construed to preclude an association health plan, or a health insurance issuer offering health insurance coverage in connection with an association health plan, from exercising its sole discretion in selecting the specific items and services consisting of medical care to be included as benefits under such plan or coverage, except (subject to section 514) in the case of (1) any law to the extent that it is not preempted under section 731(a)(1) with respect to matters governed by section 711, 712, or 713, or (2) any law of the State with which filing and approval of a policy type offered by the plan was initially obtained to the extent that such law prohibits an exclusion of a specific disease from such coverage. 806. Maintenance of reserves and provisions for solvency for plans providing health benefits in addition to health insurance coverage (a) In General The requirements of this section are met with respect to an association health plan if— (1) the benefits under the plan consist solely of health insurance coverage; or (2) if the plan provides any additional benefit options which do not consist of health insurance coverage, the plan— (A) establishes and maintains reserves with respect to such additional benefit options, in amounts recommended by the qualified health actuary, consisting of— (i) a reserve sufficient for unearned contributions; (ii) a reserve sufficient for benefit liabilities which have been incurred, which have not been satisfied, and for which risk of loss has not yet been transferred, and for expected administrative costs with respect to such benefit liabilities; (iii) a reserve sufficient for any other obligations of the plan; and (iv) a reserve sufficient for a margin of error and other fluctuations, taking into account the specific circumstances of the plan; and (B) establishes and maintains aggregate and specific excess/stop loss insurance and solvency indemnification, with respect to such additional benefit options for which risk of loss has not yet been transferred, as follows: (i) The plan shall secure aggregate excess/stop loss insurance for the plan with an attachment point which is not greater than 125 percent of expected gross annual claims. The applicable authority may by regulation provide for upward adjustments in the amount of such percentage in specified circumstances in which the plan specifically provides for and maintains reserves in excess of the amounts required under subparagraph (A). (ii) The plan shall secure specific excess/stop loss insurance for the plan with an attachment point which is at least equal to an amount recommended by the plan’s qualified health actuary. The applicable authority may by regulation provide for adjustments in the amount of such insurance in specified circumstances in which the plan specifically provides for and maintains reserves in excess of the amounts required under subparagraph (A). (iii) The plan shall secure indemnification insurance for any claims which the plan is unable to satisfy by reason of a plan termination. Any person issuing to a plan insurance described in clause (i), (ii), or (iii) of subparagraph (B) shall notify the Secretary of any failure of premium payment meriting cancellation of the policy prior to undertaking such a cancellation. Any regulations prescribed by the applicable authority pursuant to clause (i) or (ii) of subparagraph (B) may allow for such adjustments in the required levels of excess/stop loss insurance as the qualified health actuary may recommend, taking into account the specific circumstances of the plan. (b) Minimum Surplus in Addition to Claims Reserves In the case of any association health plan described in subsection (a)(2), the requirements of this subsection are met if the plan establishes and maintains surplus in an amount at least equal to— (1) $500,000, or (2) such greater amount (but not greater than $2,000,000) as may be set forth in regulations prescribed by the applicable authority, considering the level of aggregate and specific excess/stop loss insurance provided with respect to such plan and other factors related to solvency risk, such as the plan’s projected levels of participation or claims, the nature of the plan’s liabilities, and the types of assets available to assure that such liabilities are met. (c) Additional Requirements In the case of any association health plan described in subsection (a)(2), the applicable authority may provide such additional requirements relating to reserves, excess/stop loss insurance, and indemnification insurance as the applicable authority considers appropriate. Such requirements may be provided by regulation with respect to any such plan or any class of such plans. (d) Adjustments for Excess/Stop Loss Insurance The applicable authority may provide for adjustments to the levels of reserves otherwise required under subsections (a) and (b) with respect to any plan or class of plans to take into account excess/stop loss insurance provided with respect to such plan or plans. (e) Alternative Means of Compliance The applicable authority may permit an association health plan described in subsection (a)(2) to substitute, for all or part of the requirements of this section (except subsection (a)(2)(B)(iii)), such security, guarantee, hold-harmless arrangement, or other financial arrangement as the applicable authority determines to be adequate to enable the plan to fully meet all its financial obligations on a timely basis and is otherwise no less protective of the interests of participants and beneficiaries than the requirements for which it is substituted. The applicable authority may take into account, for purposes of this subsection, evidence provided by the plan or sponsor which demonstrates an assumption of liability with respect to the plan. Such evidence may be in the form of a contract of indemnification, lien, bonding, insurance, letter of credit, recourse under applicable terms of the plan in the form of assessments of participating employers, security, or other financial arrangement. (f) Measures To Ensure Continued Payment of Benefits by Certain Plans in Distress (1) Payments by certain plans to association health plan fund (A) In general In the case of an association health plan described in subsection (a)(2), the requirements of this subsection are met if the plan makes payments into the Association Health Plan Fund under this subparagraph when they are due. Such payments shall consist of annual payments in the amount of $5,000, and, in addition to such annual payments, such supplemental payments as the Secretary may determine to be necessary under paragraph (2). Payments under this paragraph are payable to the Fund at the time determined by the Secretary. Initial payments are due in advance of certification under this part. Payments shall continue to accrue until a plan’s assets are distributed pursuant to a termination procedure. (B) Penalties for failure to make payments If any payment is not made by a plan when it is due, a late payment charge of not more than 100 percent of the payment which was not timely paid shall be payable by the plan to the Fund. (C) Continued duty of the secretary The Secretary shall not cease to carry out the provisions of paragraph (2) on account of the failure of a plan to pay any payment when due. (2) Payments by secretary to continue excess/stop loss insurance coverage and indemnification insurance coverage for certain plans In any case in which the applicable authority determines that there is, or that there is reason to believe that there will be: (A) a failure to take necessary corrective actions under section 809(a) with respect to an association health plan described in subsection (a)(2); or (B) a termination of such a plan under section 809(b) or 810(b)(8) (and, if the applicable authority is not the Secretary, certifies such determination to the Secretary), the Secretary shall determine the amounts necessary to make payments to an insurer (designated by the Secretary) to maintain in force excess/stop loss insurance coverage or indemnification insurance coverage for such plan, if the Secretary determines that there is a reasonable expectation that, without such payments, claims would not be satisfied by reason of termination of such coverage. The Secretary shall, to the extent provided in advance in appropriation Acts, pay such amounts so determined to the insurer designated by the Secretary. (3) Association health plan fund (A) In general There is established on the books of the Treasury a fund to be known as the Association Health Plan Fund . The Fund shall be available for making payments pursuant to paragraph (2). The Fund shall be credited with payments received pursuant to paragraph (1)(A), penalties received pursuant to paragraph (1)(B), and earnings on investments of amounts of the Fund under subparagraph (B). (B) Investment Whenever the Secretary determines that the moneys of the fund are in excess of current needs, the Secretary may request the investment of such amounts as the Secretary determines advisable by the Secretary of the Treasury in obligations issued or guaranteed by the United States. (g) Excess/Stop Loss Insurance For purposes of this section— (1) Aggregate excess/stop loss insurance The term aggregate excess/stop loss insurance means, in connection with an association health plan, a contract— (A) under which an insurer (meeting such minimum standards as the applicable authority may prescribe by regulation) provides for payment to the plan with respect to aggregate claims under the plan in excess of an amount or amounts specified in such contract; (B) which is guaranteed renewable; and (C) which allows for payment of premiums by any third party on behalf of the insured plan. (2) Specific excess/stop loss insurance The term specific excess/stop loss insurance means, in connection with an association health plan, a contract— (A) under which an insurer (meeting such minimum standards as the applicable authority may prescribe by regulation) provides for payment to the plan with respect to claims under the plan in connection with a covered individual in excess of an amount or amounts specified in such contract in connection with such covered individual; (B) which is guaranteed renewable; and (C) which allows for payment of premiums by any third party on behalf of the insured plan. (h) Indemnification Insurance For purposes of this section, the term indemnification insurance means, in connection with an association health plan, a contract— (1) under which an insurer (meeting such minimum standards as the applicable authority may prescribe by regulation) provides for payment to the plan with respect to claims under the plan which the plan is unable to satisfy by reason of a termination pursuant to section 809(b) (relating to mandatory termination); (2) which is guaranteed renewable and noncancellable for any reason (except as the applicable authority may prescribe by regulation); and (3) which allows for payment of premiums by any third party on behalf of the insured plan. (i) Reserves For purposes of this section, the term reserves means, in connection with an association health plan, plan assets which meet the fiduciary standards under part 4 and such additional requirements regarding liquidity as the applicable authority may prescribe by regulation. (j) Solvency Standards Working Group (1) In general Within 90 days after the date of the enactment of the Small Business Health Fairness Act of 2013 , the applicable authority shall establish a Solvency Standards Working Group. In prescribing the initial regulations under this section, the applicable authority shall take into account the recommendations of such Working Group. (2) Membership The Working Group shall consist of not more than 15 members appointed by the applicable authority. The applicable authority shall include among persons invited to membership on the Working Group at least one of each of the following: (A) A representative of the National Association of Insurance Commissioners. (B) A representative of the American Academy of Actuaries. (C) A representative of the State governments, or their interests. (D) A representative of existing self-insured arrangements, or their interests. (E) A representative of associations of the type referred to in section 801(b)(1), or their interests. (F) A representative of multiemployer plans that are group health plans, or their interests. 807. Requirements for application and related requirements (a) Filing Fee Under the procedure prescribed pursuant to section 802(a), an association health plan shall pay to the applicable authority at the time of filing an application for certification under this part a filing fee in the amount of $5,000, which shall be available in the case of the Secretary, to the extent provided in appropriation Acts, for the sole purpose of administering the certification procedures applicable with respect to association health plans. (b) Information To Be Included in Application for Certification An application for certification under this part meets the requirements of this section only if it includes, in a manner and form which shall be prescribed by the applicable authority by regulation, at least the following information: (1) Identifying information The names and addresses of— (A) the sponsor; and (B) the members of the board of trustees of the plan. (2) States in which plan intends to do business The States in which participants and beneficiaries under the plan are to be located and the number of them expected to be located in each such State. (3) Bonding requirements Evidence provided by the board of trustees that the bonding requirements of section 412 will be met as of the date of the application or (if later) commencement of operations. (4) Plan documents A copy of the documents governing the plan (including any bylaws and trust agreements), the summary plan description, and other material describing the benefits that will be provided to participants and beneficiaries under the plan. (5) Agreements with service providers A copy of any agreements between the plan and contract administrators and other service providers. (6) Funding report In the case of association health plans providing benefits options in addition to health insurance coverage, a report setting forth information with respect to such additional benefit options determined as of a date within the 120-day period ending with the date of the application, including the following: (A) Reserves A statement, certified by the board of trustees of the plan, and a statement of actuarial opinion, signed by a qualified health actuary, that all applicable requirements of section 806 are or will be met in accordance with regulations which the applicable authority shall prescribe. (B) Adequacy of contribution rates A statement of actuarial opinion, signed by a qualified health actuary, which sets forth a description of the extent to which contribution rates are adequate to provide for the payment of all obligations and the maintenance of required reserves under the plan for the 12-month period beginning with such date within such 120-day period, taking into account the expected coverage and experience of the plan. If the contribution rates are not fully adequate, the statement of actuarial opinion shall indicate the extent to which the rates are inadequate and the changes needed to ensure adequacy. (C) Current and projected value of assets and liabilities A statement of actuarial opinion signed by a qualified health actuary, which sets forth the current value of the assets and liabilities accumulated under the plan and a projection of the assets, liabilities, income, and expenses of the plan for the 12-month period referred to in subparagraph (B). The income statement shall identify separately the plan’s administrative expenses and claims. (D) Costs of coverage to be charged and other expenses A statement of the costs of coverage to be charged, including an itemization of amounts for administration, reserves, and other expenses associated with the operation of the plan. (E) Other information Any other information as may be determined by the applicable authority, by regulation, as necessary to carry out the purposes of this part. (c) Filing Notice of Certification With States A certification granted under this part to an association health plan shall not be effective unless written notice of such certification is filed with the applicable State authority of each State in which at least 25 percent of the participants and beneficiaries under the plan are located. For purposes of this subsection, an individual shall be considered to be located in the State in which a known address of such individual is located or in which such individual is employed. (d) Notice of Material Changes In the case of any association health plan certified under this part, descriptions of material changes in any information which was required to be submitted with the application for the certification under this part shall be filed in such form and manner as shall be prescribed by the applicable authority by regulation. The applicable authority may require by regulation prior notice of material changes with respect to specified matters which might serve as the basis for suspension or revocation of the certification. (e) Reporting Requirements for Certain Association Health Plans An association health plan certified under this part which provides benefit options in addition to health insurance coverage for such plan year shall meet the requirements of section 103 by filing an annual report under such section which shall include information described in subsection (b)(6) with respect to the plan year and, notwithstanding section 104(a)(1)(A), shall be filed with the applicable authority not later than 90 days after the close of the plan year (or on such later date as may be prescribed by the applicable authority). The applicable authority may require by regulation such interim reports as it considers appropriate. (f) Engagement of Qualified Health Actuary The board of trustees of each association health plan which provides benefits options in addition to health insurance coverage and which is applying for certification under this part or is certified under this part shall engage, on behalf of all participants and beneficiaries, a qualified health actuary who shall be responsible for the preparation of the materials comprising information necessary to be submitted by a qualified health actuary under this part. The qualified health actuary shall utilize such assumptions and techniques as are necessary to enable such actuary to form an opinion as to whether the contents of the matters reported under this part— (1) are in the aggregate reasonably related to the experience of the plan and to reasonable expectations; and (2) represent such actuary’s best estimate of anticipated experience under the plan. The opinion by the qualified health actuary shall be made with respect to, and shall be made a part of, the annual report. 808. Notice requirements for voluntary termination Except as provided in section 809(b), an association health plan which is or has been certified under this part may terminate (upon or at any time after cessation of accruals in benefit liabilities) only if the board of trustees, not less than 60 days before the proposed termination date— (1) provides to the participants and beneficiaries a written notice of intent to terminate stating that such termination is intended and the proposed termination date; (2) develops a plan for winding up the affairs of the plan in connection with such termination in a manner which will result in timely payment of all benefits for which the plan is obligated; and (3) submits such plan in writing to the applicable authority. Actions required under this section shall be taken in such form and manner as may be prescribed by the applicable authority by regulation. 809. Corrective actions and mandatory termination (a) Actions To Avoid Depletion of Reserves An association health plan which is certified under this part and which provides benefits other than health insurance coverage shall continue to meet the requirements of section 806, irrespective of whether such certification continues in effect. The board of trustees of such plan shall determine quarterly whether the requirements of section 806 are met. In any case in which the board determines that there is reason to believe that there is or will be a failure to meet such requirements, or the applicable authority makes such a determination and so notifies the board, the board shall immediately notify the qualified health actuary engaged by the plan, and such actuary shall, not later than the end of the next following month, make such recommendations to the board for corrective action as the actuary determines necessary to ensure compliance with section 806. Not later than 30 days after receiving from the actuary recommendations for corrective actions, the board shall notify the applicable authority (in such form and manner as the applicable authority may prescribe by regulation) of such recommendations of the actuary for corrective action, together with a description of the actions (if any) that the board has taken or plans to take in response to such recommendations. The board shall thereafter report to the applicable authority, in such form and frequency as the applicable authority may specify to the board, regarding corrective action taken by the board until the requirements of section 806 are met. (b) Mandatory Termination In any case in which— (1) the applicable authority has been notified under subsection (a) (or by an issuer of excess/stop loss insurance or indemnity insurance pursuant to section 806(a)) of a failure of an association health plan which is or has been certified under this part and is described in section 806(a)(2) to meet the requirements of section 806 and has not been notified by the board of trustees of the plan that corrective action has restored compliance with such requirements; and (2) the applicable authority determines that there is a reasonable expectation that the plan will continue to fail to meet the requirements of section 806, the board of trustees of the plan shall, at the direction of the applicable authority, terminate the plan and, in the course of the termination, take such actions as the applicable authority may require, including satisfying any claims referred to in section 806(a)(2)(B)(iii) and recovering for the plan any liability under subsection (a)(2)(B)(iii) or (e) of section 806, as necessary to ensure that the affairs of the plan will be, to the maximum extent possible, wound up in a manner which will result in timely provision of all benefits for which the plan is obligated. 810. Trusteeship by the Secretary of insolvent association health plans providing health benefits in addition to health insurance coverage (a) Appointment of Secretary as Trustee for Insolvent Plans Whenever the Secretary determines that an association health plan which is or has been certified under this part and which is described in section 806(a)(2) will be unable to provide benefits when due or is otherwise in a financially hazardous condition, as shall be defined by the Secretary by regulation, the Secretary shall, upon notice to the plan, apply to the appropriate United States district court for appointment of the Secretary as trustee to administer the plan for the duration of the insolvency. The plan may appear as a party and other interested persons may intervene in the proceedings at the discretion of the court. The court shall appoint such Secretary trustee if the court determines that the trusteeship is necessary to protect the interests of the participants and beneficiaries or providers of medical care or to avoid any unreasonable deterioration of the financial condition of the plan. The trusteeship of such Secretary shall continue until the conditions described in the first sentence of this subsection are remedied or the plan is terminated. (b) Powers as Trustee The Secretary, upon appointment as trustee under subsection (a), shall have the power— (1) to do any act authorized by the plan, this title, or other applicable provisions of law to be done by the plan administrator or any trustee of the plan; (2) to require the transfer of all (or any part) of the assets and records of the plan to the Secretary as trustee; (3) to invest any assets of the plan which the Secretary holds in accordance with the provisions of the plan, regulations prescribed by the Secretary, and applicable provisions of law; (4) to require the sponsor, the plan administrator, any participating employer, and any employee organization representing plan participants to furnish any information with respect to the plan which the Secretary as trustee may reasonably need in order to administer the plan; (5) to collect for the plan any amounts due the plan and to recover reasonable expenses of the trusteeship; (6) to commence, prosecute, or defend on behalf of the plan any suit or proceeding involving the plan; (7) to issue, publish, or file such notices, statements, and reports as may be required by the Secretary by regulation or required by any order of the court; (8) to terminate the plan (or provide for its termination in accordance with section 809(b)) and liquidate the plan assets, to restore the plan to the responsibility of the sponsor, or to continue the trusteeship; (9) to provide for the enrollment of plan participants and beneficiaries under appropriate coverage options; and (10) to do such other acts as may be necessary to comply with this title or any order of the court and to protect the interests of plan participants and beneficiaries and providers of medical care. (c) Notice of Appointment As soon as practicable after the Secretary’s appointment as trustee, the Secretary shall give notice of such appointment to— (1) the sponsor and plan administrator; (2) each participant; (3) each participating employer; and (4) if applicable, each employee organization which, for purposes of collective bargaining, represents plan participants. (d) Additional Duties Except to the extent inconsistent with the provisions of this title, or as may be otherwise ordered by the court, the Secretary, upon appointment as trustee under this section, shall be subject to the same duties as those of a trustee under section 704 of title 11, United States Code, and shall have the duties of a fiduciary for purposes of this title. (e) Other Proceedings An application by the Secretary under this subsection may be filed notwithstanding the pendency in the same or any other court of any bankruptcy, mortgage foreclosure, or equity receivership proceeding, or any proceeding to reorganize, conserve, or liquidate such plan or its property, or any proceeding to enforce a lien against property of the plan. (f) Jurisdiction of Court (1) In general Upon the filing of an application for the appointment as trustee or the issuance of a decree under this section, the court to which the application is made shall have exclusive jurisdiction of the plan involved and its property wherever located with the powers, to the extent consistent with the purposes of this section, of a court of the United States having jurisdiction over cases under chapter 11 of title 11, United States Code. Pending an adjudication under this section such court shall stay, and upon appointment by it of the Secretary as trustee, such court shall continue the stay of, any pending mortgage foreclosure, equity receivership, or other proceeding to reorganize, conserve, or liquidate the plan, the sponsor, or property of such plan or sponsor, and any other suit against any receiver, conservator, or trustee of the plan, the sponsor, or property of the plan or sponsor. Pending such adjudication and upon the appointment by it of the Secretary as trustee, the court may stay any proceeding to enforce a lien against property of the plan or the sponsor or any other suit against the plan or the sponsor. (2) Venue An action under this section may be brought in the judicial district where the sponsor or the plan administrator resides or does business or where any asset of the plan is situated. A district court in which such action is brought may issue process with respect to such action in any other judicial district. (g) Personnel In accordance with regulations which shall be prescribed by the Secretary, the Secretary shall appoint, retain, and compensate accountants, actuaries, and other professional service personnel as may be necessary in connection with the Secretary’s service as trustee under this section. 811. State assessment authority (a) In General Notwithstanding section 514, a State may impose by law a contribution tax on an association health plan described in section 806(a)(2), if the plan commenced operations in such State after the date of the enactment of the Small Business Health Fairness Act of 2013 . (b) Contribution Tax For purposes of this section, the term contribution tax imposed by a State on an association health plan means any tax imposed by such State if— (1) such tax is computed by applying a rate to the amount of premiums or contributions, with respect to individuals covered under the plan who are residents of such State, which are received by the plan from participating employers located in such State or from such individuals; (2) the rate of such tax does not exceed the rate of any tax imposed by such State on premiums or contributions received by insurers or health maintenance organizations for health insurance coverage offered in such State in connection with a group health plan; (3) such tax is otherwise nondiscriminatory; and (4) the amount of any such tax assessed on the plan is reduced by the amount of any tax or assessment otherwise imposed by the State on premiums, contributions, or both received by insurers or health maintenance organizations for health insurance coverage, aggregate excess/stop loss insurance (as defined in section 806(g)(1)), specific excess/stop loss insurance (as defined in section 806(g)(2)), other insurance related to the provision of medical care under the plan, or any combination thereof provided by such insurers or health maintenance organizations in such State in connection with such plan. 812. Definitions and rules of construction (a) Definitions For purposes of this part— (1) Group health plan The term group health plan has the meaning provided in section 733(a)(1) (after applying subsection (b) of this section). (2) Medical care The term medical care has the meaning provided in section 733(a)(2). (3) Health insurance coverage The term health insurance coverage has the meaning provided in section 733(b)(1). (4) Health insurance issuer The term health insurance issuer has the meaning provided in section 733(b)(2). (5) Applicable authority The term applicable authority means the Secretary, except that, in connection with any exercise of the Secretary’s authority regarding which the Secretary is required under section 506(d) to consult with a State, such term means the Secretary, in consultation with such State. (6) Health status-related factor The term health status-related factor has the meaning provided in section 733(d)(2). (7) Individual market (A) In general The term individual market means the market for health insurance coverage offered to individuals other than in connection with a group health plan. (B) Treatment of very small groups (i) In general Subject to clause (ii), such term includes coverage offered in connection with a group health plan that has fewer than 2 participants as current employees or participants described in section 732(d)(3) on the first day of the plan year. (ii) State exception Clause (i) shall not apply in the case of health insurance coverage offered in a State if such State regulates the coverage described in such clause in the same manner and to the same extent as coverage in the small group market (as defined in section 2791(e)(5) of the Public Health Service Act ) is regulated by such State. (8) Participating employer The term participating employer means, in connection with an association health plan, any employer, if any individual who is an employee of such employer, a partner in such employer, or a self-employed individual who is such employer (or any dependent, as defined under the terms of the plan, of such individual) is or was covered under such plan in connection with the status of such individual as such an employee, partner, or self-employed individual in relation to the plan. (9) Applicable state authority The term applicable State authority means, with respect to a health insurance issuer in a State, the State insurance commissioner or official or officials designated by the State to enforce the requirements of title XXVII of the Public Health Service Act for the State involved with respect to such issuer. (10) Qualified health actuary The term qualified health actuary means an individual who is a member of the American Academy of Actuaries with expertise in health care. (11) Affiliated member The term affiliated member means, in connection with a sponsor— (A) a person who is otherwise eligible to be a member of the sponsor but who elects an affiliated status with the sponsor, (B) in the case of a sponsor with members which consist of associations, a person who is a member of any such association and elects an affiliated status with the sponsor, or (C) in the case of an association health plan in existence on the date of the enactment of the Small Business Health Fairness Act of 2013 , a person eligible to be a member of the sponsor or one of its member associations. (12) Large employer The term large employer means, in connection with a group health plan with respect to a plan year, an employer who employed an average of at least 51 employees on business days during the preceding calendar year and who employs at least 2 employees on the first day of the plan year. (13) Small employer The term small employer means, in connection with a group health plan with respect to a plan year, an employer who is not a large employer. (b) Rules of Construction (1) Employers and employees For purposes of determining whether a plan, fund, or program is an employee welfare benefit plan which is an association health plan, and for purposes of applying this title in connection with such plan, fund, or program so determined to be such an employee welfare benefit plan— (A) in the case of a partnership, the term employer (as defined in section 3(5)) includes the partnership in relation to the partners, and the term employee (as defined in section 3(6)) includes any partner in relation to the partnership; and (B) in the case of a self-employed individual, the term employer (as defined in section 3(5)) and the term employee (as defined in section 3(6)) shall include such individual. (2) Plans, funds, and programs treated as employee welfare benefit plans In the case of any plan, fund, or program which was established or is maintained for the purpose of providing medical care (through the purchase of insurance or otherwise) for employees (or their dependents) covered thereunder and which demonstrates to the Secretary that all requirements for certification under this part would be met with respect to such plan, fund, or program if such plan, fund, or program were a group health plan, such plan, fund, or program shall be treated for purposes of this title as an employee welfare benefit plan on and after the date of such demonstration. (3) Exception for certain benefits The requirements of this part shall not apply to a group health plan in relation to its provision of excepted benefits, as defined in section 706(c). . (b) Conforming Amendments to Preemption Rules (1) Section 514(b)(6) of such Act ( 29 U.S.C. 1144(b)(6) ) is amended by adding at the end the following new subparagraph: (E) The preceding subparagraphs of this paragraph do not apply with respect to any State law in the case of an association health plan which is certified under part 8. . (2) Section 514 of such Act ( 29 U.S.C. 1144 ) is amended— (A) in subsection (b)(4), by striking Subsection (a) and inserting Subsections (a) and (d) ; (B) in subsection (b)(5), by striking subsection (a) in subparagraph (A) and inserting subsection (a) of this section and subsections (a)(2)(B) and (b) of section 805 , and by striking subsection (a) in subparagraph (B) and inserting subsection (a) of this section or subsection (a)(2)(B) or (b) of section 805 ; (C) by redesignating subsection (d) as subsection (e); and (D) by inserting after subsection (c) the following new subsection: (d) (1) Except as provided in subsection (b)(4), the provisions of this title shall supersede any and all State laws insofar as they may now or hereafter preclude, or have the effect of precluding, a health insurance issuer from offering health insurance coverage in connection with an association health plan which is certified under part 8. (2) Except as provided in paragraphs (4) and (5) of subsection (b) of this section— (A) In any case in which health insurance coverage of any policy type is offered under an association health plan certified under part 8 to a participating employer operating in such State, the provisions of this title shall supersede any and all laws of such State insofar as they may preclude a health insurance issuer from offering health insurance coverage of the same policy type to other employers operating in the State which are eligible for coverage under such association health plan, whether or not such other employers are participating employers in such plan. (B) In any case in which health insurance coverage of any policy type is offered in a State under an association health plan certified under part 8 and the filing, with the applicable State authority (as defined in section 812(a)(9)), of the policy form in connection with such policy type is approved by such State authority, the provisions of this title shall supersede any and all laws of any other State in which health insurance coverage of such type is offered, insofar as they may preclude, upon the filing in the same form and manner of such policy form with the applicable State authority in such other State, the approval of the filing in such other State. (3) Nothing in subsection (b)(6)(E) or the preceding provisions of this subsection shall be construed, with respect to health insurance issuers or health insurance coverage, to supersede or impair the law of any State— (A) providing solvency standards or similar standards regarding the adequacy of insurer capital, surplus, reserves, or contributions, or (B) relating to prompt payment of claims. (4) For additional provisions relating to association health plans, see subsections (a)(2)(B) and (b) of section 805. (5) For purposes of this subsection, the term association health plan has the meaning provided in section 801(a), and the terms health insurance coverage , participating employer , and health insurance issuer have the meanings provided such terms in section 812, respectively. . (3) Section 514(b)(6)(A) of such Act ( 29 U.S.C. 1144(b)(6)(A) ) is amended— (A) in clause (i)(II), by striking and at the end; (B) in clause (ii), by inserting and which does not provide medical care (within the meaning of section 733(a)(2)), after arrangement, , and by striking title. and inserting title, and ; and (C) by adding at the end the following new clause: (iii) subject to subparagraph (E), in the case of any other employee welfare benefit plan which is a multiple employer welfare arrangement and which provides medical care (within the meaning of section 733(a)(2)), any law of any State which regulates insurance may apply. . (4) Section 514(e) of such Act (as redesignated by paragraph (2)(C)) is amended— (A) by striking Nothing and inserting (1) Except as provided in paragraph (2), nothing ; and (B) by adding at the end the following new paragraph: (2) Nothing in any other provision of law enacted on or after the date of the enactment of the Small Business Health Fairness Act of 2013 shall be construed to alter, amend, modify, invalidate, impair, or supersede any provision of this title, except by specific cross-reference to the affected section. . (c) Plan Sponsor Section 3(16)(B) of such Act ( 29 U.S.C. 102(16)(B) ) is amended by adding at the end the following new sentence: Such term also includes a person serving as the sponsor of an association health plan under part 8. . (d) Disclosure of Solvency Protections Related to Self-Insured and Fully Insured Options Under Association Health Plans Section 102(b) of such Act ( 29 U.S.C. 102(b) ) is amended by adding at the end the following: An association health plan shall include in its summary plan description, in connection with each benefit option, a description of the form of solvency or guarantee fund protection secured pursuant to this Act or applicable State law, if any. . (e) Savings Clause Section 731(c) of such Act is amended by inserting or part 8 after this part . (f) Report to the Congress Regarding Certification of Self-Insured Association Health Plans Not later than January 1, 2016, the Secretary of Labor shall report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate the effect association health plans have had, if any, on reducing the number of uninsured individuals. (g) Clerical Amendment The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 is amended by inserting after the item relating to section 734 the following new items: Part 8—Rules Governing Association Health Plans 801. Association health plans. 802. Certification of association health plans. 803. Requirements relating to sponsors and boards of trustees. 804. Participation and coverage requirements. 805. Other requirements relating to plan documents, contribution rates, and benefit options. 806. Maintenance of reserves and provisions for solvency for plans providing health benefits in addition to health insurance coverage. 807. Requirements for application and related requirements. 808. Notice requirements for voluntary termination. 809. Corrective actions and mandatory termination. 810. Trusteeship by the Secretary of insolvent association health plans providing health benefits in addition to health insurance coverage. 811. State assessment authority. 812. Definitions and rules of construction. . 223. Clarification of treatment of single employer arrangements Section 3(40)(B) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(40)(B) ) is amended— (1) in clause (i), by inserting after control group, the following: except that, in any case in which the benefit referred to in subparagraph (A) consists of medical care (as defined in section 812(a)(2)), two or more trades or businesses, whether or not incorporated, shall be deemed a single employer for any plan year of such plan, or any fiscal year of such other arrangement, if such trades or businesses are within the same control group during such year or at any time during the preceding 1-year period, ; (2) in clause (iii), by striking (iii) the determination and inserting the following: (iii) (I) in any case in which the benefit referred to in subparagraph (A) consists of medical care (as defined in section 812(a)(2)), the determination of whether a trade or business is under common control with another trade or business shall be determined under regulations of the Secretary applying principles consistent and coextensive with the principles applied in determining whether employees of two or more trades or businesses are treated as employed by a single employer under section 4001(b), except that, for purposes of this paragraph, an interest of greater than 25 percent may not be required as the minimum interest necessary for common control, or (II) in any other case, the determination ; (3) by redesignating clauses (iv) and (v) as clauses (v) and (vi), respectively; and (4) by inserting after clause (iii) the following new clause: (iv) in any case in which the benefit referred to in subparagraph (A) consists of medical care (as defined in section 812(a)(2)), in determining, after the application of clause (i), whether benefits are provided to employees of two or more employers, the arrangement shall be treated as having only one participating employer if, after the application of clause (i), the number of individuals who are employees and former employees of any one participating employer and who are covered under the arrangement is greater than 75 percent of the aggregate number of all individuals who are employees or former employees of participating employers and who are covered under the arrangement, . 224. Enforcement provisions relating to association health plans (a) Criminal Penalties for Certain Willful Misrepresentations Section 501 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1131 ) is amended— (1) by inserting (a) after Sec. 501. ; and (2) by adding at the end the following new subsection: (b) Any person who willfully falsely represents, to any employee, any employee’s beneficiary, any employer, the Secretary, or any State, a plan or other arrangement established or maintained for the purpose of offering or providing any benefit described in section 3(1) to employees or their beneficiaries as— (1) being an association health plan which has been certified under part 8; (2) having been established or maintained under or pursuant to one or more collective bargaining agreements which are reached pursuant to collective bargaining described in section 8(d) of the National Labor Relations Act ( 29 U.S.C. 158(d) ) or paragraph Fourth of section 2 of the Railway Labor Act ( 45 U.S.C. 152 , paragraph Fourth) or which are reached pursuant to labor-management negotiations under similar provisions of State public employee relations laws; or (3) being a plan or arrangement described in section 3(40)(A)(i), shall, upon conviction, be imprisoned not more than 5 years, be fined under title 18, United States Code, or both. . (b) Cease Activities Orders Section 502 of such Act ( 29 U.S.C. 1132 ) is amended by adding at the end the following new subsection: (n) Association Health Plan Cease and Desist Orders (1) In general Subject to paragraph (2), upon application by the Secretary showing the operation, promotion, or marketing of an association health plan (or similar arrangement providing benefits consisting of medical care (as defined in section 733(a)(2))) that— (A) is not certified under part 8, is subject under section 514(b)(6) to the insurance laws of any State in which the plan or arrangement offers or provides benefits, and is not licensed, registered, or otherwise approved under the insurance laws of such State; or (B) is an association health plan certified under part 8 and is not operating in accordance with the requirements under part 8 for such certification, a district court of the United States shall enter an order requiring that the plan or arrangement cease activities. (2) Exception Paragraph (1) shall not apply in the case of an association health plan or other arrangement if the plan or arrangement shows that— (A) all benefits under it referred to in paragraph (1) consist of health insurance coverage; and (B) with respect to each State in which the plan or arrangement offers or provides benefits, the plan or arrangement is operating in accordance with applicable State laws that are not superseded under section 514. (3) Additional equitable relief The court may grant such additional equitable relief, including any relief available under this title, as it deems necessary to protect the interests of the public and of persons having claims for benefits against the plan. . (c) Responsibility for Claims Procedure Section 503 of such Act ( 29 U.S.C. 1133 ) is amended by inserting (a) In general .— before In accordance , and by adding at the end the following new subsection: (b) Association Health Plans The terms of each association health plan which is or has been certified under part 8 shall require the board of trustees or the named fiduciary (as applicable) to ensure that the requirements of this section are met in connection with claims filed under the plan. . 225. Cooperation between Federal and State authorities Section 506 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1136 ) is amended by adding at the end the following new subsection: (d) Consultation With States With Respect to Association Health Plans (1) Agreements with states The Secretary shall consult with the State recognized under paragraph (2) with respect to an association health plan regarding the exercise of— (A) the Secretary’s authority under sections 502 and 504 to enforce the requirements for certification under part 8; and (B) the Secretary’s authority to certify association health plans under part 8 in accordance with regulations of the Secretary applicable to certification under part 8. (2) Recognition of primary domicile state In carrying out paragraph (1), the Secretary shall ensure that only one State will be recognized, with respect to any particular association health plan, as the State with which consultation is required. In carrying out this paragraph— (A) in the case of a plan which provides health insurance coverage (as defined in section 812(a)(3)), such State shall be the State with which filing and approval of a policy type offered by the plan was initially obtained, and (B) in any other case, the Secretary shall take into account the places of residence of the participants and beneficiaries under the plan and the State in which the trust is maintained. . 226. Effective date and transitional and other rules (a) Effective Date The amendments made by this subtitle shall take effect 1 year after the date of the enactment of this Act. The Secretary of Labor shall first issue all regulations necessary to carry out the amendments made by this subtitle within 1 year after the date of the enactment of this Act. (b) Treatment of Certain Existing Health Benefits Programs (1) In general In any case in which, as of the date of the enactment of this Act, an arrangement is maintained in a State for the purpose of providing benefits consisting of medical care for the employees and beneficiaries of its participating employers, at least 200 participating employers make contributions to such arrangement, such arrangement has been in existence for at least 10 years, and such arrangement is licensed under the laws of one or more States to provide such benefits to its participating employers, upon the filing with the applicable authority (as defined in section 812(a)(5) of the Employee Retirement Income Security Act of 1974 (as amended by this subtitle)) by the arrangement of an application for certification of the arrangement under part 8 of subtitle B of title I of such Act— (A) such arrangement shall be deemed to be a group health plan for purposes of title I of such Act; (B) the requirements of sections 801(a) and 803(a) of the Employee Retirement Income Security Act of 1974 shall be deemed met with respect to such arrangement; (C) the requirements of section 803(b) of such Act shall be deemed met, if the arrangement is operated by a board of directors which— (i) is elected by the participating employers, with each employer having one vote; and (ii) has complete fiscal control over the arrangement and which is responsible for all operations of the arrangement; (D) the requirements of section 804(a) of such Act shall be deemed met with respect to such arrangement; and (E) the arrangement may be certified by any applicable authority with respect to its operations in any State only if it operates in such State on the date of certification. The provisions of this subsection shall cease to apply with respect to any such arrangement at such time after the date of the enactment of this Act as the applicable requirements of this subsection are not met with respect to such arrangement. (2) Definitions For purposes of this subsection, the terms group health plan , medical care , and participating employer shall have the meanings provided in section 812 of the Employee Retirement Income Security Act of 1974 , except that the reference in paragraph (7) of such section to an association health plan shall be deemed a reference to an arrangement referred to in this subsection. III Interstate Market for Health Insurance 301. Cooperative governing of individual health insurance coverage (a) In General Title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg et seq. ), as restored by section 2, is amended by adding at the end the following new part: D Cooperative Governing of Individual Health Insurance Coverage 2795. Definitions In this part: (1) Primary state The term primary State means, with respect to individual health insurance coverage offered by a health insurance issuer, the State designated by the issuer as the State whose covered laws shall govern the health insurance issuer in the sale of such coverage under this part. An issuer, with respect to a particular policy, may only designate one such State as its primary State with respect to all such coverage it offers. Such an issuer may not change the designated primary State with respect to individual health insurance coverage once the policy is issued, except that such a change may be made upon renewal of the policy. With respect to such designated State, the issuer is deemed to be doing business in that State. (2) Secondary state The term secondary State means, with respect to individual health insurance coverage offered by a health insurance issuer, any State that is not the primary State. In the case of a health insurance issuer that is selling a policy in, or to a resident of, a secondary State, the issuer is deemed to be doing business in that secondary State. (3) Health insurance issuer The term health insurance issuer has the meaning given such term in section 2791(b)(2), except that such an issuer must be licensed in the primary State and be qualified to sell individual health insurance coverage in that State. (4) Individual health insurance coverage The term individual health insurance coverage means health insurance coverage offered in the individual market, as defined in section 2791(e)(1), but does not include excepted benefits described in section 2791(c). (5) Applicable state authority The term applicable State authority means, with respect to a health insurance issuer in a State, the State insurance commissioner or official or officials designated by the State to enforce the requirements of this title for the State with respect to the issuer. (6) Hazardous financial condition The term hazardous financial condition means that, based on its present or reasonably anticipated financial condition, a health insurance issuer is unlikely to be able— (A) to meet obligations to policyholders with respect to known claims and reasonably anticipated claims; or (B) to pay other obligations in the normal course of business. (7) Covered laws (A) In general The term covered laws means the laws, rules, regulations, agreements, and orders governing the insurance business pertaining to— (i) individual health insurance coverage issued by a health insurance issuer; (ii) the offer, sale, rating (including medical underwriting), renewal, and issuance of individual health insurance coverage to an individual; (iii) the provision to an individual in relation to individual health insurance coverage of health care and insurance related services; (iv) the provision to an individual in relation to individual health insurance coverage of management, operations, and investment activities of a health insurance issuer; and (v) the provision to an individual in relation to individual health insurance coverage of loss control and claims administration for a health insurance issuer with respect to liability for which the issuer provides insurance. (B) Exception Such term does not include any law, rule, regulation, agreement, or order governing the use of care or cost management techniques, including any requirement related to provider contracting, network access or adequacy, health care data collection, or quality assurance. (8) State The term State means only the 50 States and the District of Columbia. (9) Unfair claims settlement practices The term unfair claims settlement practices means only the following practices: (A) Knowingly misrepresenting to claimants and insured individuals relevant facts or policy provisions relating to coverage at issue. (B) Failing to acknowledge with reasonable promptness pertinent communications with respect to claims arising under policies. (C) Failing to adopt and implement reasonable standards for the prompt investigation and settlement of claims arising under policies. (D) Failing to effectuate prompt, fair, and equitable settlement of claims submitted in which liability has become reasonably clear. (E) Refusing to pay claims without conducting a reasonable investigation. (F) Failing to affirm or deny coverage of claims within a reasonable period of time after having completed an investigation related to those claims. (G) A pattern or practice of compelling insured individuals or their beneficiaries to institute suits to recover amounts due under its policies by offering substantially less than the amounts ultimately recovered in suits brought by them. (H) A pattern or practice of attempting to settle or settling claims for less than the amount that a reasonable person would believe the insured individual or his or her beneficiary was entitled by reference to written or printed advertising material accompanying or made part of an application. (I) Attempting to settle or settling claims on the basis of an application that was materially altered without notice to, or knowledge or consent of, the insured. (J) Failing to provide forms necessary to present claims within 15 calendar days of a requests with reasonable explanations regarding their use. (K) Attempting to cancel a policy in less time than that prescribed in the policy or by the law of the primary State. (10) Fraud and abuse The term fraud and abuse means an act or omission committed by a person who, knowingly and with intent to defraud, commits, or conceals any material information concerning, one or more of the following: (A) Presenting, causing to be presented or preparing with knowledge or belief that it will be presented to or by an insurer, a reinsurer, broker or its agent, false information as part of, in support of or concerning a fact material to one or more of the following: (i) An application for the issuance or renewal of an insurance policy or reinsurance contract. (ii) The rating of an insurance policy or reinsurance contract. (iii) A claim for payment or benefit pursuant to an insurance policy or reinsurance contract. (iv) Premiums paid on an insurance policy or reinsurance contract. (v) Payments made in accordance with the terms of an insurance policy or reinsurance contract. (vi) A document filed with the commissioner or the chief insurance regulatory official of another jurisdiction. (vii) The financial condition of an insurer or reinsurer. (viii) The formation, acquisition, merger, reconsolidation, dissolution or withdrawal from one or more lines of insurance or reinsurance in all or part of a State by an insurer or reinsurer. (ix) The issuance of written evidence of insurance. (x) The reinstatement of an insurance policy. (B) Solicitation or acceptance of new or renewal insurance risks on behalf of an insurer, reinsurer, or other person engaged in the business of insurance by a person who knows or should know that the insurer or other person responsible for the risk is insolvent at the time of the transaction. (C) Transaction of the business of insurance in violation of laws requiring a license, certificate of authority or other legal authority for the transaction of the business of insurance. (D) Attempt to commit, aiding or abetting in the commission of, or conspiracy to commit the acts or omissions specified in this paragraph. 2796. Application of law (a) In General The covered laws of the primary State shall apply to individual health insurance coverage offered by a health insurance issuer in the primary State and in any secondary State, but only if the coverage and issuer comply with the conditions of this section with respect to the offering of coverage in any secondary State. (b) Exemptions From Covered Laws in a Secondary State Except as provided in this section, a health insurance issuer with respect to its offer, sale, rating (including medical underwriting), renewal, and issuance of individual health insurance coverage in any secondary State is exempt from any covered laws of the secondary State (and any rules, regulations, agreements, or orders sought or issued by such State under or related to such covered laws) to the extent that such laws would— (1) make unlawful, or regulate, directly or indirectly, the operation of the health insurance issuer operating in the secondary State, except that any secondary State may require such an issuer— (A) to pay, on a nondiscriminatory basis, applicable premium and other taxes (including high-risk pool assessments) which are levied on insurers and surplus lines insurers, brokers, or policyholders under the laws of the State; (B) to register with and designate the State insurance commissioner as its agent solely for the purpose of receiving service of legal documents or process; (C) to submit to an examination of its financial condition by the State insurance commissioner in any State in which the issuer is doing business to determine the issuer’s financial condition, if— (i) the State insurance commissioner of the primary State has not done an examination within the period recommended by the National Association of Insurance Commissioners; and (ii) any such examination is conducted in accordance with the examiners’ handbook of the National Association of Insurance Commissioners and is coordinated to avoid unjustified duplication and unjustified repetition; (D) to comply with a lawful order issued— (i) in a delinquency proceeding commenced by the State insurance commissioner if there has been a finding of financial impairment under subparagraph (C); or (ii) in a voluntary dissolution proceeding; (E) to comply with an injunction issued by a court of competent jurisdiction, upon a petition by the State insurance commissioner alleging that the issuer is in hazardous financial condition; (F) to participate, on a nondiscriminatory basis, in any insurance insolvency guaranty association or similar association to which a health insurance issuer in the State is required to belong; (G) to comply with any State law regarding fraud and abuse (as defined in section 2795(10)), except that if the State seeks an injunction regarding the conduct described in this subparagraph, such injunction must be obtained from a court of competent jurisdiction; (H) to comply with any State law regarding unfair claims settlement practices (as defined in section 2795(9)); or (I) to comply with the applicable requirements for independent review under section 2798 with respect to coverage offered in the State; (2) require any individual health insurance coverage issued by the issuer to be countersigned by an insurance agent or broker residing in that Secondary State; or (3) otherwise discriminate against the issuer issuing insurance in both the primary State and in any secondary State. (c) Clear and Conspicuous Disclosure A health insurance issuer shall provide the following notice, in 12-point bold type, in any insurance coverage offered in a secondary State under this part by such a health insurance issuer and at renewal of the policy, with the 5 blank spaces therein being appropriately filled with the name of the health insurance issuer, the name of primary State, the name of the secondary State, the name of the secondary State, and the name of the secondary State, respectively, for the coverage concerned: This policy is issued by _____ and is governed by the laws and regulations of the State of _____, and it has met all the laws of that State as determined by that State’s Department of Insurance. This policy may be less expensive than others because it is not subject to all of the insurance laws and regulations of the State of _____, including coverage of some services or benefits mandated by the law of the State of _____. Additionally, this policy is not subject to all of the consumer protection laws or restrictions on rate changes of the State of _____. As with all insurance products, before purchasing this policy, you should carefully review the policy and determine what health care services the policy covers and what benefits it provides, including any exclusions, limitations, or conditions for such services or benefits. (d) Prohibition on Certain Reclassifications and Premium Increases (1) In general For purposes of this section, a health insurance issuer that provides individual health insurance coverage to an individual under this part in a primary or secondary State may not upon renewal— (A) move or reclassify the individual insured under the health insurance coverage from the class such individual is in at the time of issue of the contract based on the health-status related factors of the individual; or (B) increase the premiums assessed the individual for such coverage based on a health status-related factor or change of a health status-related factor or the past or prospective claim experience of the insured individual. (2) Construction Nothing in paragraph (1) shall be construed to prohibit a health insurance issuer— (A) from terminating or discontinuing coverage or a class of coverage in accordance with subsections (b) and (c) of section 2742; (B) from raising premium rates for all policy holders within a class based on claims experience; (C) from changing premiums or offering discounted premiums to individuals who engage in wellness activities at intervals prescribed by the issuer, if such premium changes or incentives— (i) are disclosed to the consumer in the insurance contract; (ii) are based on specific wellness activities that are not applicable to all individuals; and (iii) are not obtainable by all individuals to whom coverage is offered; (D) from reinstating lapsed coverage; or (E) from retroactively adjusting the rates charged an insured individual if the initial rates were set based on material misrepresentation by the individual at the time of issue. (e) Prior Offering of Policy in Primary State A health insurance issuer may not offer for sale individual health insurance coverage in a secondary State unless that coverage is currently offered for sale in the primary State. (f) Licensing of Agents or Brokers for Health Insurance Issuers Any State may require that a person acting, or offering to act, as an agent or broker for a health insurance issuer with respect to the offering of individual health insurance coverage obtain a license from that State, with commissions or other compensation subject to the provisions of the laws of that State, except that a State may not impose any qualification or requirement which discriminates against a nonresident agent or broker. (g) Documents for Submission to State Insurance Commissioner Each health insurance issuer issuing individual health insurance coverage in both primary and secondary States shall submit— (1) to the insurance commissioner of each State in which it intends to offer such coverage, before it may offer individual health insurance coverage in such State— (A) a copy of the plan of operation or feasibility study or any similar statement of the policy being offered and its coverage (which shall include the name of its primary State and its principal place of business); (B) written notice of any change in its designation of its primary State; and (C) written notice from the issuer of the issuer’s compliance with all the laws of the primary State; and (2) to the insurance commissioner of each secondary State in which it offers individual health insurance coverage, a copy of the issuer’s quarterly financial statement submitted to the primary State, which statement shall be certified by an independent public accountant and contain a statement of opinion on loss and loss adjustment expense reserves made by— (A) a member of the American Academy of Actuaries; or (B) a qualified loss reserve specialist. (h) Power of Courts To Enjoin Conduct Nothing in this section shall be construed to affect the authority of any Federal or State court to enjoin— (1) the solicitation or sale of individual health insurance coverage by a health insurance issuer to any person or group who is not eligible for such insurance; or (2) the solicitation or sale of individual health insurance coverage that violates the requirements of the law of a secondary State which are described in subparagraphs (A) through (H) of section 2796(b)(1). (i) Power of Secondary States To Take Administrative Action Nothing in this section shall be construed to affect the authority of any State to enjoin conduct in violation of that State’s laws described in section 2796(b)(1). (j) State Powers To Enforce State Laws (1) In general Subject to the provisions of subsection (b)(1)(G) (relating to injunctions) and paragraph (2), nothing in this section shall be construed to affect the authority of any State to make use of any of its powers to enforce the laws of such State with respect to which a health insurance issuer is not exempt under subsection (b). (2) Courts of competent jurisdiction If a State seeks an injunction regarding the conduct described in paragraphs (1) and (2) of subsection (h), such injunction must be obtained from a Federal or State court of competent jurisdiction. (k) States’ Authority To Sue Nothing in this section shall affect the authority of any State to bring action in any Federal or State court. (l) Generally Applicable Laws Nothing in this section shall be construed to affect the applicability of State laws generally applicable to persons or corporations. (m) Guaranteed Availability of Coverage to HIPAA Eligible Individuals To the extent that a health insurance issuer is offering coverage in a primary State that does not accommodate residents of secondary States or does not provide a working mechanism for residents of a secondary State, and the issuer is offering coverage under this part in such secondary State which has not adopted a qualified high-risk pool as its acceptable alternative mechanism (as defined in section 2744(c)(2)), the issuer shall, with respect to any individual health insurance coverage offered in a secondary State under this part, comply with the guaranteed availability requirements for eligible individuals in section 2741. 2797. Primary State must meet Federal floor before issuer may sell into secondary States A health insurance issuer may not offer, sell, or issue individual health insurance coverage in a secondary State if the State insurance commissioner does not use a risk-based capital formula for the determination of capital and surplus requirements for all health insurance issuers. 2798. Limitation on individual purchase in secondary State Effective beginning two years after the date of enactment of this part, an individual in a State may not buy individual health insurance coverage in a secondary State if the premium for individual health insurance in the primary State (with respect to the individual) exceeds the national average premium by 10 percent or more. 2799. Independent external appeals procedures (a) Right to External Appeal A health insurance issuer may not offer, sell, or issue individual health insurance coverage in a secondary State under the provisions of this title unless— (1) both the secondary State and the primary State have legislation or regulations in place establishing an independent review process for individuals who are covered by individual health insurance coverage, or (2) in any case in which the requirements of subparagraph (A) are not met with respect to the either of such States, the issuer provides an independent review mechanism substantially identical (as determined by the applicable State authority of such State) to that prescribed in the Health Carrier External Review Model Act of the National Association of Insurance Commissioners for all individuals who purchase insurance coverage under the terms of this part, except that, under such mechanism, the review is conducted by an independent medical reviewer, or a panel of such reviewers, with respect to whom the requirements of subsection (b) are met. (b) Qualifications of Independent Medical Reviewers In the case of any independent review mechanism referred to in subsection (a)(2)— (1) In general In referring a denial of a claim to an independent medical reviewer, or to any panel of such reviewers, to conduct independent medical review, the issuer shall ensure that— (A) each independent medical reviewer meets the qualifications described in paragraphs (2) and (3); (B) with respect to each review, each reviewer meets the requirements of paragraph (4) and the reviewer, or at least 1 reviewer on the panel, meets the requirements described in paragraph (5); and (C) compensation provided by the issuer to each reviewer is consistent with paragraph (6). (2) Licensure and expertise Each independent medical reviewer shall be a physician (allopathic or osteopathic) or health care professional who— (A) is appropriately credentialed or licensed in one or more States to deliver health care services; and (B) typically treats the condition, makes the diagnosis, or provides the type of treatment under review. (3) Independence (A) In general Subject to subparagraph (B), each independent medical reviewer in a case shall— (i) not be a related party (as defined in paragraph (7)); (ii) not have a material familial, financial, or professional relationship with such a party; and (iii) not otherwise have a conflict of interest with such a party (as determined under regulations). (B) Exception Nothing in subparagraph (A) shall be construed to— (i) prohibit an individual, solely on the basis of affiliation with the issuer, from serving as an independent medical reviewer if— (I) a non-affiliated individual is not reasonably available; (II) the affiliated individual is not involved in the provision of items or services in the case under review; (III) the fact of such an affiliation is disclosed to the issuer and the enrollee (or authorized representative) and neither party objects; and (IV) the affiliated individual is not an employee of the issuer and does not provide services exclusively or primarily to or on behalf of the issuer; (ii) prohibit an individual who has staff privileges at the institution where the treatment involved takes place from serving as an independent medical reviewer merely on the basis of such affiliation if the affiliation is disclosed to the issuer and the enrollee (or authorized representative), and neither party objects; or (iii) prohibit receipt of compensation by an independent medical reviewer from an entity if the compensation is provided consistent with paragraph (6). (4) Practicing health care professional in same field (A) In general In a case involving treatment, or the provision of items or services— (i) by a physician, a reviewer shall be a practicing physician (allopathic or osteopathic) of the same or similar specialty, as a physician who, acting within the appropriate scope of practice within the State in which the service is provided or rendered, typically treats the condition, makes the diagnosis, or provides the type of treatment under review; or (ii) by a non-physician health care professional, the reviewer, or at least 1 member of the review panel, shall be a practicing non-physician health care professional of the same or similar specialty as the non-physician health care professional who, acting within the appropriate scope of practice within the State in which the service is provided or rendered, typically treats the condition, makes the diagnosis, or provides the type of treatment under review. (B) Practicing defined For purposes of this paragraph, the term practicing means, with respect to an individual who is a physician or other health care professional, that the individual provides health care services to individual patients on average at least 2 days per week. (5) Pediatric expertise In the case of an external review relating to a child, a reviewer shall have expertise under paragraph (2) in pediatrics. (6) Limitations on reviewer compensation Compensation provided by the issuer to an independent medical reviewer in connection with a review under this section shall— (A) not exceed a reasonable level; and (B) not be contingent on the decision rendered by the reviewer. (7) Related party defined For purposes of this section, the term related party means, with respect to a denial of a claim under a coverage relating to an enrollee, any of the following: (A) The issuer involved, or any fiduciary, officer, director, or employee of the issuer. (B) The enrollee (or authorized representative). (C) The health care professional that provides the items or services involved in the denial. (D) The institution at which the items or services (or treatment) involved in the denial are provided. (E) The manufacturer of any drug or other item that is included in the items or services involved in the denial. (F) Any other party determined under any regulations to have a substantial interest in the denial involved. (8) Definitions For purposes of this subsection: (A) Enrollee The term enrollee means, with respect to health insurance coverage offered by a health insurance issuer, an individual enrolled with the issuer to receive such coverage. (B) Health care professional The term health care professional means an individual who is licensed, accredited, or certified under State law to provide specified health care services and who is operating within the scope of such licensure, accreditation, or certification. 2800. Enforcement (a) In General Subject to subsection (b), with respect to specific individual health insurance coverage the primary State for such coverage has sole jurisdiction to enforce the primary State’s covered laws in the primary State and any secondary State. (b) Secondary State’s Authority Nothing in subsection (a) shall be construed to affect the authority of a secondary State to enforce its laws as set forth in the exception specified in section 2796(b)(1). (c) Court Interpretation In reviewing action initiated by the applicable secondary State authority, the court of competent jurisdiction shall apply the covered laws of the primary State. (d) Notice of Compliance Failure In the case of individual health insurance coverage offered in a secondary State that fails to comply with the covered laws of the primary State, the applicable State authority of the secondary State may notify the applicable State authority of the primary State. . (b) Effective Date The amendment made by subsection (a) shall apply to individual health insurance coverage offered, issued, or sold after the date that is one year after the date of the enactment of this Act. (c) GAO Ongoing Study and Reports (1) Study The Comptroller General of the United States shall conduct an ongoing study concerning the effect of the amendment made by subsection (a) on— (A) the number of uninsured and under-insured; (B) the availability and cost of health insurance policies for individuals with pre-existing medical conditions; (C) the availability and cost of health insurance policies generally; (D) the elimination or reduction of different types of benefits under health insurance policies offered in different States; and (E) cases of fraud or abuse relating to health insurance coverage offered under such amendment and the resolution of such cases. (2) Annual reports The Comptroller General shall submit to Congress an annual report, after the end of each of the 5 years following the effective date of the amendment made by subsection (a), on the ongoing study conducted under paragraph (1). (d) Severability If any provision of the section or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this section and the application of the provisions of such to any other person or circumstance shall not be affected. IV Safety Net Reforms 401. Requiring outreach and coverage before expansion of eligibility (a) State child health plan required To specify how it will achieve coverage for 90 percent of targeted low-Income children (1) In general Section 2102(a) of the Social Security Act ( 42 U.S.C. 1397bb(a) ) is amended— (A) in paragraph (6), by striking and at the end; (B) in paragraph (7), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new paragraph: (8) how the eligibility and benefits provided for under the plan for each fiscal year (beginning with fiscal year 2015) will allow for the State’s annual funding allotment to cover at least 90 percent of the eligible targeted low-income children in the State. . (2) Effective date The amendments made by paragraph (1) shall apply to State child health plans for fiscal years beginning with fiscal year 2015. (b) Limitation on program expansions until lowest income eligible individuals enrolled Section 2105(c) of the Social Security Act ( 42 U.S.C. 1397dd(c) ) is amended by adding at the end the following new paragraph: (12) Limitation on increased coverage of higher income children (A) In general For child health assistance furnished in a fiscal year beginning with fiscal year 2015: (i) No payment for children with family income above 300 percent of poverty line Payment shall not be made under this section for child health assistance for a targeted low-income child in a family the income of which exceeds 300 percent of the poverty line applicable to a family of the size involved. (ii) Special rules for payment for children with family income above 200 percent of poverty line In the case of child health assistance for a targeted low-income child in a family the income of which exceeds 200 percent (but does not exceed 300 percent) of the poverty line applicable to a family of the size involved no payment shall be made under this section for such assistance unless the State demonstrates to the satisfaction of the Secretary that— (I) the State has met the 90 percent retrospective coverage test specified in subparagraph (B)(i) for the previous fiscal year; and (II) the State will meet the 90 percent prospective coverage test specified in subparagraph (B)(ii) for the fiscal year. (B) 90 percent coverage tests (i) Retrospective test The 90 percent retrospective coverage test specified in this clause is, for a State for a fiscal year, that on average during the fiscal year, the State has enrolled under this title or title XIX at least 90 percent of the individuals residing in the State who— (I) are children under 19 years of age (or are pregnant women) and are eligible for medical assistance under title XIX; or (II) are targeted low-income children whose family income does not exceed 200 percent of the poverty line and who are eligible for child health assistance under this title. (ii) Prospective test The 90 percent prospective test specified in this clause is, for a State for a fiscal year, that on average during the fiscal year, the State will enroll under this title or title XIX at least 90 percent of the individuals residing in the State who— (I) are children under 19 years of age (or are pregnant women) and are eligible for medical assistance under title XIX; or (II) are targeted low-income children whose family income does not exceed such percent of the poverty line (in excess of 200 percent) as the State elects consistent with this paragraph and who are eligible for child health assistance under this title. (C) Grandfather Clauses (i) and (ii) of subparagraph (A) shall not apply to the provision of child health assistance— (i) to a targeted low-income child who is enrolled for child health assistance under this title as of September 30, 2012; (ii) to a pregnant woman who is enrolled for assistance under this title as of September 30, 2013, through the completion of the post-partum period following completion of her pregnancy; and (iii) for items and services furnished before October 1, 2014, to an individual who is not a targeted low-income child and who is enrolled for assistance under this title as of September 30, 2013. (D) Treatment of pregnant women In this paragraph and sections 2102(a)(8) and 2104(a)(2), the term targeted low-income child includes an individual under age 19, including the period from conception to birth, who is eligible for child health assistance under this title by virtue of the definition of the term child under section 457.10 of title 42, Code of Federal Regulations. . (c) Standardization of income determinations (1) In general Section 2110 of the Social Security Act ( 42 U.S.C. 1397jj ) is amended by adding at the end the following new subsection: (d) Standardization of income determinations In determining family income under this title (including in the case of a State child health plan that provides health benefits coverage in the manner described in section 2101(a)(2)), a State shall base such determination on gross income (including amounts that would be included in gross income if they were not exempt from income taxation) and may only take into consideration such income disregards as the Secretary shall develop. . (2) Effective date (A) Subject to subparagraph (B), the amendment made by paragraph (1) shall apply to determinations (and redeterminations) of income made on or after April 1, 2012. (B) In the case of a State child health plan under title XXI of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirement imposed by the amendment made by paragraph (1), the State child health plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. 402. Easing administrative barriers to State cooperation with employer-sponsored insurance coverage (a) Requiring some coverage for employer-Sponsored insurance under CHIP Section 2102(a) of the Social Security Act ( 42 U.S.C. 1397b(a) ), as amended by section 401(a), is amended— (1) in paragraph (7), by striking and at the end; (2) in paragraph (8), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new paragraph: (9) effective for plan years beginning on or after October 1, 2014, how the plan will provide for child health assistance with respect to targeted low-income children covered under a group health plan. . (b) Federal financial participation for employer-Sponsored insurance Section 2105 of the Social Security Act ( 42 U.S.C. 1397d ) is amended— (1) in subsection (a)(1)(C), by inserting before the semicolon at the end the following: and, subject to paragraph (3)(C), in the form of payment of the premiums for coverage under a group health plan that includes coverage of targeted low-income children and benefits supplemental to such coverage ; and (2) by amending paragraph (3) of subsection (c) to read as follows: (3) Purchase of employer-sponsored insurance (A) In general Payment may be made to a State under subsection (a)(1)(C), subject to the provisions of this paragraph, for the purchase of family coverage under a group health plan that includes coverage of targeted low-income children unless such coverage would otherwise substitute for coverage that would be provided to such children but for the purchase of family coverage. (B) Waiver of certain provisions With respect to coverage described in subparagraph (A)— (i) notwithstanding section 2102, no minimum benefits requirement (other than those otherwise applicable with respect to services referred to in section 2102(a)(7)) under this title shall apply; and (ii) no limitation on beneficiary cost-sharing otherwise applicable under this title or title XIX shall apply. (C) Required provision of supplemental benefits If the coverage described in subparagraph (A) does not provide coverage for the services referred to in section 2102(a)(7), the State child health plan shall provide coverage of such services as supplemental benefits. (D) Limitation on FFP The amount of the payment under paragraph (1)(C) for coverage described in subparagraph (A) (and supplemental benefits under subparagraph (C) for individuals so covered) during a fiscal year may not exceed the product of— (i) the national per capita expenditure under this title (taking into account both Federal and State expenditures) for the previous fiscal year (as determined by the Secretary using the best available data); (ii) the enhanced FMAP for the State and fiscal year involved; and (iii) the number of targeted low-income children for whom such coverage is provided. (E) Voluntary enrollment A State child health plan— (i) may not require a targeted low-income child to enroll in coverage described in subparagraph (A) in order to obtain child health assistance under this title; (ii) before providing such child health assistance for such coverage of a child, shall make available (which may be through an Internet Web site or other means including the State transparency plan portal established under section 901 of the Empowering Patients First Act of 2013 ) to the parent or guardian of the child information on the coverage available under this title, including benefits and cost-sharing; and (iii) shall provide at least one opportunity per fiscal year for beneficiaries to switch coverage under this title from coverage described in subparagraph (A) to the coverage that is otherwise made available under this title. (F) Information on coverage options A State child health plan shall— (i) describe how the State will notify potential beneficiaries of coverage described in subparagraph (A); (ii) provide such notification in writing at least during the initial application for enrollment under this title and during redeterminations of eligibility if the individual was enrolled before October 1, 2014; and (iii) post a description of these coverage options on any official Web site that may be established by the State in connection with the plan, including the State transparency plan portal established under section 901 of the Empowering Patients First Act of 2013 . (G) Semiannual verification of coverage If coverage described in subparagraph (A) is provided under a group health plan with respect to a targeted low-income child, the State child health plan shall provide for the collection, at least once every six months, of proof from the plan that the child is enrolled in such coverage. (H) Rule of construction Nothing in this section is to be construed to prohibit a State from— (i) offering wrap around benefits in order for a group health plan to meet any State-established minimum benefit requirements; (ii) establishing a cost-effectiveness test to qualify for coverage under such a plan; (iii) establishing limits on beneficiary cost-sharing under such a plan; (iv) paying all or part of a beneficiary’s cost-sharing requirements under such a plan; (v) paying less than the full cost of the employee’s share of the premium under such a plan, including prorating the cost of the premium to pay for only what the State determines is the portion of the premium that covers targeted low-income children; (vi) using State funds to pay for benefits above the Federal upper limit established under subparagraph (C); (vii) allowing beneficiaries enrolled in group health plans from changing plans to another coverage option available under this title at any time; or (viii) providing any guidance or information it deems appropriate in order to help beneficiaries make an informed decision regarding the option to enroll in coverage described in subparagraph (A). (I) Group health plan defined In this paragraph, the term group health plan has the meaning given such term in section 2791(a)(1) of the Public Health Service Act ( 42 U.S.C. 300gg–91(a)(1) ). . (c) Application under Medicaid The Secretary of Health and Human Services shall provide for the application of the amendments made by subsections (a) and (b) under the Medicaid program under title XIX of the Social Security Act in the same manner as such amendments apply to SCHIP under title XXI of such Act. 403. Improving beneficiary choice in SCHIP (a) Requiring offering of alternative coverage options Section 2102 of the Social Security Act ( 42 U.S.C. 1397b ), as amended by sections 401(a) and 402(a), is amended— (1) in subsection (a)— (A) in paragraph (8), by striking and at the end; (B) in paragraph (9), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new paragraph: (10) effective for plan years beginning on or after October 1, 2014, how the plan will provide for child health assistance with respect to targeted low-income children through alternative coverage options in accordance with subsection (e). ; and (2) by adding at the end the following new subsection: (d) Alternative coverage options (1) In general Effective October 1, 2014, a State child health plan shall provide for the offering of any qualified alternative coverage that a qualified entity seeks to offer to targeted low-income children through the plan in the State. (2) Application of uniform financial limitation for all alternative coverage options With respect to all qualified alternative coverage offered in a State, the State child health plan shall establish a uniform dollar limitation on the per capita monthly amount that will be paid by the State to the qualified entity with respect to such coverage provided to a targeted low-income child. Such limitation may not be less than 90 percent of the per capita monthly payment made for coverage offered under the State child health plan that is not in the form of an alternative coverage option. Nothing in this paragraph shall be construed— (A) as requiring a State to provide for the full payment of premiums for qualified alternative coverage; (B) as preventing a State from charging additional premiums to cover the difference between the cost of qualified alternative coverage and the amount of such payment limitation; or (C) as preventing a State from using its own funds to provide a dollar limitation that exceeds the Federal financial participation as limited under section 2105(c)(10). (3) Treatment of low cost coverage (A) In general Except as provided in subparagraph (B), if the uniform dollar limitation under paragraph (2) exceeds the premium for qualified alternative coverage for an enrollee, then such excess shall be refunded to the Federal and State governments in the same proportion as is otherwise applicable to recovered funds under this title. (B) Exception for high-deductible health plans In the case of coverage under a high-deductible health plan, the excess described in subparagraph (A) shall be deposited into a health savings account established with respect to such plan. (4) Exemption A State is not subject to the requirement of paragraph (1) if the State child health plan provides, as of the date of the enactment of this subsection, for a cash out or health savings account type option for those enrolled under the plan. (5) Qualified alternative coverage defined In this section, the term qualified alternative coverage means health insurance coverage that— (A) meets the coverage requirements of section 2103 (other than cost-sharing requirements of such section); and (B) is offered by a qualified insurer, and not directly by the State. (6) Qualified insurer defined In this section, the term qualified insurer means, with respect to a State, an entity that is licensed to offer health insurance coverage in the State. . (b) Federal financial participation for qualified alternative coverage Section 2105 of the Social Security Act ( 42 U.S.C. 1397d ) is amended— (1) in subsection (a)(1)(C), as amended by section 402(b), by inserting before the semicolon at the end the following: and, subject to paragraph (13)(C), in the form of payment of the premiums for coverage for qualified alternative coverage ; and (2) in subsection (c), as amended by section 401(b) by adding at the end the following new paragraph: (13) Purchase of qualified alternative coverage (A) In general Payment may be made to a State under subsection (a)(1)(C), subject to the provisions of this paragraph, for the purchase of qualified alternative coverage. (B) Waiver of certain provisions With respect to coverage described in subparagraph (A), no limitation on beneficiary cost-sharing otherwise applicable under this title or title XIX shall apply. (C) Limitation on FFP The amount of the payment under paragraph (1)(C) for coverage described in subparagraph (A) during a fiscal year in the aggregate for all such coverage in the State may not exceed the product of— (i) the national per capita expenditure under this title (taking into account both Federal and State expenditures) for the previous fiscal year (as determined by the Secretary using the best available data); (ii) the enhanced FMAP for the State and fiscal year involved; and (iii) the number of targeted low-income children for whom such coverage is provided. (D) Voluntary enrollment A State child health plan— (i) may not require a targeted low-income child to enroll in coverage described in subparagraph (A) in order to obtain child health assistance under this title; (ii) before providing such child health assistance for such coverage of a child, shall make available (which may be through an Internet Web site or other means) to the parent or guardian of the child information on the coverage available under this title, including benefits and cost-sharing; and (iii) shall provide at least one opportunity per fiscal year for beneficiaries to switch coverage under this title from coverage described in subparagraph (A) to the coverage that is otherwise made available under this title. (E) Information on coverage options A State child health plan shall— (i) describe how the State will notify potential beneficiaries of coverage described in subparagraph (A); (ii) provide such notification in writing at least during the initial application for enrollment under this title and during redeterminations of eligibility if the individual was enrolled before October 1, 2014; and (iii) post a description of these coverage options on any official Web site that may be established by the State in connection with the plan. (F) Rule of construction Nothing in this section is to be construed to prohibit a State from— (i) establishing limits on beneficiary cost-sharing under such alternative coverage; (ii) paying all or part of a beneficiary’s cost-sharing requirements under such coverage; (iii) paying less than the full cost of a child’s share of the premium under such coverage, insofar as the premium for such coverage exceeds the limitation established by the State under subparagraph (C); (iv) using State funds to pay for benefits above the Federal upper limit established under subparagraph (C); or (v) providing any guidance or information it deems appropriate in order to help beneficiaries make an informed decision regarding the option to enroll in coverage described in subparagraph (A). . (c) Application under Medicaid The Secretary of Health and Human Services shall provide for the application of the amendments made by subsections (a) and (b) under the Medicaid program under title XIX of the Social Security Act in the same manner as such amendments apply to SCHIP under title XXI of such Act. V Lawsuit Abuse Reforms 501. Change in burden of proof based on compliance with best practice guidelines (a) Selection and issuance of best practices guidelines (1) In general The Secretary of Health and Human Services (in this section referred to as the Secretary ) shall provide for the selection and issuance of best practice guidelines for treatment of medical conditions (each in this subsection referred to as a guideline ) in accordance with paragraphs (2) and (3). (2) Development process Not later than 90 days after the date of enactment of this title, the Secretary shall enter into a contract with a qualified physician consensus-building organization (such as the Physician Consortium for Performance Improvement), in concert and agreement with physician specialty organizations, to develop guidelines. The contract shall require that the organization submit guidelines to the agency not later than 18 months after the date of the enactment of this title. (3) Issuance (A) In general Not later than 2 years after the date of the enactment of this title, the Secretary shall, after notice and opportunity for public comment, make a rule that provides for the issuance of the guidelines submitted under paragraph (2). (B) Limitation The Secretary may not make a rule that includes guidelines other than those submitted under paragraph (2). (C) Dissemination The Secretary shall post such guidelines on the public Internet Web page of the Department of Health and Human Services. (4) Maintenance Not later than 4 years after the date of enactment of this title, and every 2 years thereafter, the Secretary shall review the guidelines and shall, as necessary, enter into contracts similar to the contract described in paragraph (2), and issue guidelines in a manner similar to the issuance of guidelines under paragraph (3). (b) Use (1) Use by defendant to change the burden of proof If a defendant in a health care lawsuit relating to treatment of an individual establishes by a preponderance of the evidence that the treatment was provided in a manner consistent with an applicable guideline issued under subsection (a), the defendant may not be held liable unless the plaintiff establishes the liability of the defendant by clear and convincing evidence. (2) Limitation on introduction as evidence against a defendant Guidelines issued under subsection (a) may not be introduced as evidence of negligence or deviation in the standard of care in any health care lawsuit unless they have previously been introduced by the defendant. (3) No presumption of negligence against a defendant There shall be no presumption of negligence with respect to treatment if a health care provider provides the treatment in a manner inconsistent with such guidelines. (c) Construction Nothing in this section shall be construed as preventing a State from— (1) replacing their current medical malpractice rules with rules that rely, as a defense, upon a health care provider’s compliance with a guideline issued under subsection (a); or (2) applying additional guidelines or limitations on liability that are in addition to, but not in lieu of, the guidelines issued under subsection (a). 502. State grants to create administrative health care tribunals Part P of title III of the Public Health Service Act ( 42 U.S.C. 280g et seq. ) is amended by adding at the end the following: 399T. State grants to create administrative health care tribunals (a) In general The Secretary may award grants to States for the development, implementation, and evaluation of administrative health care tribunals that comply with this section, for the resolution of disputes concerning injuries allegedly caused by health care providers. (b) Conditions for demonstration grants To be eligible to receive a grant under this section, a State shall submit to the Secretary an application at such time, in such manner, and containing such information as may be required by the Secretary. A grant shall be awarded under this section on such terms and conditions as the Secretary determines appropriate. (c) Representation by counsel A State that receives a grant under this section may not preclude any party to a dispute before an administrative health care tribunal operated under such grant from obtaining legal representation during any review by the expert panel under subsection (d), the administrative health care tribunal under subsection (e), or a State court under subsection (f). (d) Expert panel review and early offer guidelines (1) In general Prior to the submission of any dispute concerning injuries allegedly caused by health care providers to an administrative health care tribunal under this section, such allegations shall first be reviewed by an expert panel. (2) Composition (A) In general The members of each expert panel under this subsection shall be appointed by the head of the State agency responsible for health. Each expert panel shall be composed of no fewer than 3 members and not more than 7 members. At least one-half of such members shall be medical experts (either physicians or health care professionals). (B) Licensure and expertise Each physician or health care professional appointed to an expert panel under subparagraph (A) shall— (i) be appropriately credentialed or licensed in one or more States to deliver health care services; and (ii) typically treat the condition, make the diagnosis, or provide the type of treatment that is under review. (C) Independence (i) In general Subject to clause (ii), each individual appointed to an expert panel under this paragraph shall— (I) not have a material familial, financial, or professional relationship with a party involved in the dispute reviewed by the panel; and (II) not otherwise have a conflict of interest with such a party. (ii) Exception Nothing in clause (i) shall be construed to prohibit an individual who has staff privileges at an institution where the treatment involved in the dispute was provided from serving as a member of an expert panel merely on the basis of such affiliation, if the affiliation is disclosed to the parties and neither party objects. (D) Practicing health care professional in same field (i) In general In a dispute before an expert panel that involves treatment, or the provision of items or services— (I) by a physician, the medical experts on the expert panel shall be practicing physicians (allopathic or osteopathic) of the same or similar specialty as a physician who typically treats the condition, makes the diagnosis, or provides the type of treatment under review; or (II) by a health care professional other than a physician, at least two medical experts on the expert panel shall be practicing physicians (allopathic or osteopathic) of the same or similar specialty as the health care professional who typically treats the condition, makes the diagnosis, or provides the type of treatment under review, and, if determined appropriate by the State agency, an additional medical expert shall be a practicing health care professional (other than such a physician) of such a same or similar specialty. (ii) Practicing defined In this paragraph, the term practicing means, with respect to an individual who is a physician or other health care professional, that the individual provides health care services to individual patients on average at least 2 days a week. (E) Pediatric expertise In the case of dispute relating to a child, at least 1 medical expert on the expert panel shall have expertise described in subparagraph (D)(i) in pediatrics. (3) Determination After a review under paragraph (1), an expert panel shall make a determination as to the liability of the parties involved and compensation. (4) Acceptance If the parties to a dispute before an expert panel under this subsection accept the determination of the expert panel concerning liability and compensation, such compensation shall be paid to the claimant and the claimant shall agree to forgo any further action against the health care providers involved. (5) Failure to accept If any party decides not to accept the expert panel’s determination, the matter shall be referred to an administrative health care tribunal created pursuant to this section. (e) Administrative health care tribunals (1) In general Upon the failure of any party to accept the determination of an expert panel under subsection (d), the parties shall have the right to request a hearing concerning the liability or compensation involved by an administrative health care tribunal established by the State involved. (2) Requirements In establishing an administrative health care tribunal under this section, a State shall— (A) ensure that such tribunals are presided over by special judges with health care expertise; (B) provide authority to such judges to make binding rulings, rendered in written decisions, on standards of care, causation, compensation, and related issues with reliance on independent expert witnesses commissioned by the tribunal; (C) establish gross negligence as the legal standard for the tribunal; (D) allow the admission into evidence of the recommendation made by the expert panel under subsection (d); and (E) provide for an appeals process to allow for review of decisions by State courts. (f) Review by State court after exhaustion of administrative remedies (1) Right to file If any party to a dispute before a health care tribunal under subsection (e) is not satisfied with the determinations of the tribunal, the party shall have the right to file their claim in a State court of competent jurisdiction. (2) Forfeit of awards Any party filing an action in a State court in accordance with paragraph (1) shall forfeit any compensation award made under subsection (e). (3) Admissibility The determinations of the expert panel and the administrative health care tribunal pursuant to subsections (d) and (e) with respect to a State court proceeding under paragraph (1) shall be admissible into evidence in any such State court proceeding. (g) Definition 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 or regulation. (h) Authorization of appropriations There are authorized to be appropriated for any fiscal year such sums as may be necessary for purposes of making grants to States under this section. . 503. Authorization of payment of future damages to claimants in health care lawsuits (a) In general In any health care lawsuit, if an award of future damages, without reduction to present value, equaling or exceeding $50,000 is made against a party with sufficient insurance or other assets to fund a periodic payment of such a judgment, the court shall, at the request of any party, enter a judgment ordering that the future damages be paid by periodic payments, in accordance with the Uniform Periodic Payment of Judgments Act promulgated by the National Conference of Commissioners on Uniform State Laws. (b) Applicability This section applies to all actions which have not been first set for trial or retrial before the effective date of this title. 504. Definitions In this title: (1) Alternative dispute resolution system; ADR The term alternative dispute resolution system or ADR means a system that provides for the resolution of health care lawsuits in a manner other than through a civil action brought in a State or Federal court. (2) Claimant The term claimant means any person who brings a health care lawsuit, including a person who asserts or claims a right to legal or equitable contribution, indemnity, or subrogation, arising out of a health care liability claim or action, and any person on whose behalf such a claim is asserted or such an action is brought, whether deceased, incompetent, or a minor. (3) Federal tax benefit A claimant shall be treated as receiving a Federal tax benefit with respect to payment for items or services if— (A) such payment is compensation by insurance— (i) which constitutes medical care, and (ii) with respect to the payment of premiums for which the claimant, or the employer of the claimant, was allowed an exclusion from gross income, a deduction, or a credit for Federal income tax purposes, (B) a deduction was allowed with respect to such payment for Federal income tax purposes, or (C) such payment was from an Archer MSA (as defined in section 220(d) of the Internal Revenue Code of 1986), a health savings account (as defined in section 223(d) of such Code), a flexible spending arrangement (as defined in section 106(c)(2) of such Code), or a health reimbursement arrangement which is treated as employer-provided coverage under an accident or health plan for purposes of section 106 of such Code. (4) Health care lawsuit The term health care lawsuit means any health care liability claim concerning the provision of health care goods or services brought in a Federal court or in a State court or pursuant to an alternative dispute resolution system, if such claim concerns items or services for which coverage is provided under title XVIII, XIX, or XXI of the Social Security Act or for which the claimant receives a Federal tax benefit, against a health care provider, a health care organization, or the manufacturer, distributor, supplier, marketer, promoter, or seller of a medical product, regardless of the theory of liability on which the claim is based, or the number of claimants, plaintiffs, defendants, or other parties, or the number of claims or causes of action, in which the claimant alleges a health care liability claim. Such term does not include a claim or action which is based on criminal liability; which seeks civil fines or penalties paid to Federal government; or which is grounded in antitrust. (5) Health care liability action The term health care liability action means a civil action brought in a State or Federal court or pursuant to an alternative dispute resolution system, against a health care provider, a health care organization, or the manufacturer, distributor, supplier, marketer, promoter, or seller of a medical product, regardless of the theory of liability on which the claim is based, or the number of plaintiffs, defendants, or other parties, or the number of causes of action, in which the claimant alleges a health care liability claim. (6) Health care liability claim The term health care liability claim means a demand by any person, whether or not pursuant to ADR, against a health care provider, health care organization, or the manufacturer, distributor, supplier, marketer, promoter, or seller of a medical product, including, but not limited to, third-party claims, cross-claims, counter-claims, or contribution claims, which are based upon the provision of, use of, or payment for (or the failure to provide, use, or pay for) health care services or medical products, regardless of the theory of liability on which the claim is based, or the number of plaintiffs, defendants, or other parties, or the number of causes of action. (7) Health care organization The term health care organization means any person or entity which is obligated to provide or pay for health benefits under any health plan, including any person or entity acting under a contract or arrangement with a health care organization to provide or administer any health benefit. (8) Health care provider 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 or regulation. (9) Health care goods or services 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. (10) Medical product The term medical product means a drug, device, or biological product intended for humans, and the terms drug , device , and biological product have the meanings given such terms in sections 201(g)(1) and 201(h) of the Federal Food, Drug and Cosmetic Act ( 21 U.S.C. 321(g)(1) and (h)) and section 351(a) of the Public Health Service Act ( 42 U.S.C. 262(a) ), respectively, including any component or raw material used therein, but excluding health care services. (11) Medical treatment The term medical treatment means the provision of any goods or services by a health care 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. (12) Recovery The term recovery means the net sum recovered after deducting any disbursements or costs incurred in connection with prosecution or settlement of the claim, including all costs paid or advanced by any person. Costs of health care incurred by the plaintiff and the attorneys’ office overhead costs or charges for legal services are not deductible disbursements or costs for such purpose. (13) State The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States, or any political subdivision thereof. 505. Effect on other laws (a) Vaccine Injury (1) To the extent that title XXI of the Public Health Service Act establishes a Federal rule of law applicable to a civil action brought for a vaccine-related injury or death— (A) this title does not affect the application of the rule of law to such an action; and (B) any rule of law prescribed by this title in conflict with a rule of law of such title XXI shall not apply to such action. (2) If there is an aspect of a civil action brought for a vaccine-related injury or death to which a Federal rule of law under title XXI of the Public Health Service Act does not apply, then this title or otherwise applicable law (as determined under this title) will apply to such aspect of such action. (b) Other federal law Except as provided in this section, nothing in this title shall be deemed to affect any defense available to a defendant in a health care lawsuit or action under any other provision of Federal law. 506. Applicability; effective date This title shall apply to any health care lawsuit brought in a Federal or State court, or subject to an alternative dispute resolution system, that is initiated on or after the date of the enactment of this title, except that any health care lawsuit arising from an injury occurring prior to the date of the enactment of this title shall be governed by the applicable statute of limitations provisions in effect at the time the injury occurred. VI Wellness and Prevention 601. Providing financial incentives for treatment compliance (a) Limitation on exception for wellness programs under HIPAA discrimination rules (1) Employee Retirement Income Security Act of 1974 amendment Section 702(b)(2) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1182(b)(2) ) is amended by adding after and below subparagraph (B) the following: In applying subparagraph (B), a group health plan (or a health insurance issuer with respect to health insurance coverage) may vary premiums and cost-sharing by up to 50 percent of the value of the benefits under the plan (or coverage) based on participation (or lack of participation) in a standards-based wellness program. . (2) PHSA amendment Section 2702(b)(2) of the Public Health Service Act ( 42 U.S.C. 300gg–1(b)(2) ) is amended by adding after and below subparagraph (B) the following: In applying subparagraph (B), a group health plan (or a health insurance issuer with respect to health insurance coverage) may vary premiums and cost-sharing by up to 50 percent of the value of the benefits under the plan (or coverage) based on participation (or lack of participation) in a standards-based wellness program. . (3) IRC amendment Section 9802(b)(2) of the Internal Revenue Code of 1986 is amended by adding after and below subparagraph (B) the following: In applying subparagraph (B), a group health plan may vary premiums and cost-sharing by up to 50 percent of the value of the benefits under the plan based on participation (or lack of participation) in a standards-based wellness program. . (b) Effective date The amendments made by subsection (a) shall apply to plan years beginning more than 1 year after the date of the enactment of this Act. VII Transparency and Insurance Reform Measures 701. Receipt and response to requests for claim information (a) In general Title XXVII of the Public Health Service Act is amended by inserting after section 2713 the following new section: 2714. Receipt and response to requests for claim information (a) Requirement (1) In general In the case of health insurance coverage offered in connection with a group health plan, not later than the 30th day after the date a health insurance issuer receives a written request for a written report of claim information from the plan, plan sponsor, or plan administrator, the health insurance issuer shall provide the requesting party the report, subject to the succeeding provisions of this section. (2) Exception The health insurance issuer is not obligated to provide a report under this subsection regarding a particular employer or group health plan more than twice in any 12-month period and is not obligated to provide such a report in the case of an employer with fewer than 50 employees. (3) Deadline A plan, plan sponsor, or plan administrator must request a report under this subsection before or on the second anniversary of the date of termination of coverage under a group health plan issued by the health insurance issuer. (b) Form of report; information To be included (1) In general A health insurance issuer shall provide the report of claim information under subsection (a)— (A) in a written report; (B) through an electronic file transmitted by secure electronic mail or a file transfer protocol site; or (C) by making the required information available through a secure Web site or Web portal accessible by the requesting plan, plan sponsor, or plan administrator. (2) Information to be included A report of claim information provided under subsection (a) shall contain all information available to the health insurance issuer that is responsive to the request made under such subsection, including, subject to subsection (c), protected health information, for the 36-month period preceding the date of the report or the period specified by subparagraphs (D), (E), and (F) of paragraph (3), if applicable, or for the entire period of coverage, whichever period is shorter. (3) Required information Subject to subsection (c), a report provided under subsection (a) shall include the following: (A) Aggregate paid claims experience by month, including claims experience for medical, dental, and pharmacy benefits, as applicable. (B) Total premium paid by month. (C) Total number of covered employees on a monthly basis by coverage tier, including whether coverage was for— (i) an employee only; (ii) an employee with dependents only; (iii) an employee with a spouse only; or (iv) an employee with a spouse and dependents. (D) The total dollar amount of claims pending as of the date of the report. (E) A separate description and individual claims report for any individual whose total paid claims exceed $15,000 during the 12-month period preceding the date of the report, including the following information related to the claims for that individual— (i) a unique identifying number, characteristic, or code for the individual; (ii) the amounts paid; (iii) dates of service; and (iv) applicable procedure codes and diagnosis codes. (F) For claims that are not part of the information described in a previous subparagraph, a statement describing precertification requests for hospital stays of 5 days or longer that were made during the 30-day period preceding the date of the report. (c) Limitations on disclosure (1) In general A health insurance issuer may not disclose protected health information in a report of claim information provided under this section if the health insurance issuer is prohibited from disclosing that information under another State or Federal law that imposes more stringent privacy restrictions than those imposed under Federal law under the HIPAA privacy regulations. To withhold information in accordance with this subsection, the health insurance issuer must— (A) notify the plan, plan sponsor, or plan administrator requesting the report that information is being withheld; and (B) provide to the plan, plan sponsor, or plan administrator a list of categories of claim information that the health insurance issuer has determined are subject to the more stringent privacy restrictions under another State or Federal law. (2) Protection A plan sponsor is entitled to receive protected health information under subparagraph (E) and (F) of subsection (b)(3) and subsection (d) only after an appropriately authorized representative of the plan sponsor makes to the health insurance issuer a certification substantially similar to the following certification: I hereby certify that the plan documents comply with the requirements of section 164.504(f)(2) of title 45, Code of Federal Regulations, and that the plan sponsor will safeguard and limit the use and disclosure of protected health information that the plan sponsor may receive from the group health plan to perform the plan administration functions. . (3) Results A plan sponsor that does not provide the certification required by paragraph (2) is not entitled to receive the protected health information described by subparagraphs (E) and (F) of subsection (b)(3) and subsection (d), but is entitled to receive a report of claim information that includes the information described by subparagraphs (A) through (D) of subsection (b)(3). (4) Information In the case of a request made under subsection (a) after the date of termination of coverage, the report must contain all information available to the health insurance issuer as of the date of the report that is responsive to the request, including protected health information, and including the information described by subsection (b)(3), for the period described by subsection (b)(2) preceding the date of termination of coverage or for the entire policy period, whichever period is shorter. Notwithstanding this subsection, the report may not include the protected health information described by subparagraphs (E) and (F) of subsection (b)(3) unless a certification has been provided in accordance with paragraph (2). (d) Request for additional information (1) Review On receipt of the report required by subsection (a), the plan, plan sponsor, or plan administrator may review the report and, not later than the 10th day after the date the report is received, may make a written request to the health insurance issuer for additional information in accordance with this subsection for specified individuals. (2) Request With respect to a request for additional information concerning specified individuals for whom claims information has been provided under subsection (b)(3)(E), the health insurance issuer shall provide additional information on the prognosis or recovery if available and, for individuals in active case management, the most recent case management information, including any future expected costs and treatment plan, that relate to the claims for that individual. (3) Response The health insurance issuer must respond to the request for additional information under this subsection not later than the 15th day after the date of such request unless the requesting plan, plan sponsor, or plan administrator agrees to a request for additional time. (4) Limitation The health insurance issuer is not required to produce the report described by this subsection unless a certification has been provided in accordance with subsection (c)(2). (5) Compliance with section does not create liability A health insurance issuer that releases information, including protected health information, in accordance with this subsection has not violated a standard of care and is not liable for civil damages resulting from, and is not subject to criminal prosecution for, releasing that information. (e) Limitation on preemption Nothing in this section is meant to limit States from enacting additional laws in addition to the provisions of this section, but not in lieu of such provisions. (f) Definitions In this section: (1) The terms employer , plan administrator , and plan sponsor have the meanings given such terms in section 3 of the Employee Retirement Income Security Act of 1974. (2) The term HIPAA privacy regulations has the meaning given such term in section 1180(b)(3) of the Social Security Act. (3) The term protected health information has the meaning given such term under the HIPAA privacy regulations. . (b) Effective date The amendment made by subsection (a) shall take effect on the date of the enactment of this Act. VIII Quality 801. Prohibition on certain uses of data obtained from comparative effectiveness research or from patient-centered outcomes research; accounting for personalized medicine and differences in patient treatment response (a) In general Notwithstanding any other provision of law, the Secretary of Health and Human Services— (1) shall not use data obtained from the conduct of comparative effectiveness research or patient-centered outcomes research, including such research that is conducted or supported using funds appropriated under the American Recovery and Reinvestment Act of 2009 ( Public Law 111–5 ), to deny coverage of an item or service under a Federal health care program (as defined in section 1128B(f) of the Social Security Act (42 U.S.C. 1320a–7b(f))); and (2) shall ensure that comparative effectiveness research and patient-centered outcomes research conducted or supported by the Federal Government accounts for factors contributing to differences in the treatment response and treatment preferences of patients, including patient-reported outcomes, genomics and personalized medicine, the unique needs of health disparity populations, and indirect patient benefits. (b) Consultation and approval required Nothing the Federal Coordinating Council for Comparative Effectiveness Research finds can be released in final form until after consultation with and approved by relevant physician specialty organizations. (c) Rule of construction Nothing in this section shall be construed as affecting the authority of the Commissioner of Food and Drugs under the Federal Food, Drug, and Cosmetic Act or the Public Health Service Act. 802. Establishment of performance-based quality measures Not later than January 1, 2014, the Secretary of Health and Human Services shall submit to Congress a proposal for a formalized process for the development of performance-based quality measures that could be applied to physicians’ services under the Medicare program under title XVIII of the Social Security Act. Such proposal shall be in concert and agreement with the Physician Consortium for Performance Improvement and shall only utilize measures agreed upon by each physician specialty organization. IX State Transparency Plan Portal 901. Providing information on health coverage options and health care providers (a) State-Based portal A State (by itself or jointly with other States) may contract with a private entity to establish a Health Plan and Provider Portal Web site (referred to in this section as a plan portal ) for the purposes of providing standardized information— (1) on health insurance plans that have been certified to be available for purchase in that State; and (2) on price and quality information on health care providers (including physicians, hospitals, and other health care institutions). (b) Prohibitions (1) Direct Enrollment A plan portal may not directly enroll individuals in health insurance plans or under a State Medicaid plan or a State children’s health insurance plan. (2) Conflicts of interest (A) Companies A health insurance issuer offering a health insurance plan through a plan portal may not— (i) be the private entity developing and maintaining a plan portal under this section; or (ii) have an ownership interest in such private entity or in the plan portal. (B) Individuals An individual employed by a health insurance issuer offering a health insurance plan through a plan portal may not serve as a director or officer for— (i) the private entity developing and maintaining a plan portal under this section; or (ii) the plan portal. (c) Construction Nothing in this section shall be construed to prohibit health insurance brokers and agents from— (1) utilizing the plan portal for any purpose; or (2) marketing or offering health insurance products. (d) State defined In this section, the term State has the meaning given such term for purposes of title XIX of the Social Security Act. (e) Health insurance plans For purposes of this section, the term health insurance plan does not include coverage of excepted benefits, as defined in section 2791(c) of the Public Health Service Act ( 42 U.S.C. 300gg–91(c) ). X Patient Freedom of Choice 1001. Guaranteeing freedom of choice and contracting for patients under Medicare (a) In general Section 1802 of the Social Security Act ( 42 U.S.C. 1395a ) is amended to read as follows: 1802. Freedom of choice and contracting by patient guaranteed (a) Basic freedom of choice Any individual entitled to insurance benefits under this title may obtain health services from any institution, agency, or person qualified to participate under this title if such institution, agency, or person undertakes to provide that individual such services. (b) Freedom To contract by Medicare beneficiaries (1) In general Subject to the provisions of this subsection, nothing in this title shall prohibit a Medicare beneficiary from entering into a contract with an eligible professional (whether or not the professional is a participating or non-participating physician or practitioner) for any item or service covered under this title. (2) Submission of claims Any Medicare beneficiary that enters into a contract under this section with an eligible professional shall be permitted to submit a claim for payment under this title for services furnished by such professional, and such payment shall be made in the amount that would otherwise apply to such professional under this title except that where such professional is considered to be non-participating, payment shall be paid as if the professional were participating. Payment made under this title for any item or service provided under the contract shall not render the professional a participating or non-participating physician or practitioner, and as such, requirements of this title that may otherwise apply to a participating or non-participating physician or practitioner would not apply with respect to any items or services furnished under the contract. (3) Beneficiary protections (A) In general Paragraph (1) shall not apply to any contract unless— (i) the contract is in writing, is signed by the Medicare beneficiary and the eligible professional, and establishes all terms of the contract (including specific payment for items and services covered by the contract) before any item or service is provided pursuant to the contract, and the beneficiary shall be held harmless for any subsequent payment charged for an item or service in excess of the amount established under the contract during the period the contract is in effect; (ii) the contract contains the items described in subparagraph (B); and (iii) the contract is not entered into at a time when the Medicare beneficiary is facing an emergency medical condition or urgent health care situation. (B) Items required to be included in contract Any contract to provide items and services to which paragraph (1) applies shall clearly indicate to the Medicare beneficiary that by signing such contract the beneficiary— (i) agrees to be responsible for payment to such eligible professional for such items or services under the terms of and amounts established under the contract; (ii) agrees to be responsible for submitting claims under this title to the Secretary, and to any other supplemental insurance plan that may provide supplemental insurance, for such items or services furnished under the contract if such items or services are covered by this title, unless otherwise provided in the contract under subparagraph (C)(i); and (iii) acknowledges that no limits or other payment incentives that may otherwise apply under this title (such as the limits under subsection (g) of section 1848 or incentives under subsection (a)(5), (m), (q), and (p) of such section) shall apply to amounts that may be charged, or paid to a beneficiary for, such items or services. Such contract shall also clearly indicate whether the eligible professional is excluded from participation under the Medicare program under section 1128. (C) Beneficiary elections under the contract Any Medicare beneficiary that enters into a contract under this section may elect to negotiate, as a term of the contract, a provision under which— (i) the eligible professional shall file claims on behalf of the beneficiary with the Secretary and any supplemental insurance plan for items or services furnished under the contract if such items or services are covered under this title or under the plan; and (ii) the beneficiary assigns payment to the eligible professional for any claims filed by, or on behalf of, the beneficiary with the Secretary and any supplemental insurance plan for items or services furnished under the contract. (D) Exclusion of dual eligible individuals Paragraph (1) shall not apply to any contract if a beneficiary who is eligible for medical assistance under title XIX is a party to the contract. (4) Limitation on actual charge and claim submission requirement not applicable Section 1848(g) shall not apply with respect to any item or service provided to a Medicare beneficiary under a contract described in paragraph (1). (5) Construction Nothing in this section shall be construed— (A) to prohibit any eligible professional from maintaining an election and acting as a participating or non-participating physician or practitioner with respect to any patient not covered under a contract established under this section; and (B) as changing the items and services for which an eligible professional may bill under this title. (6) Definitions In this subsection: (A) Medicare beneficiary The term Medicare beneficiary means an individual who is entitled to benefits under part A or enrolled under part B. (B) Eligible professional The term eligible professional has the meaning given such term in section 1848(k)(3)(B). (C) Emergency medical condition The term emergency medical condition means a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) such that a prudent layperson, with an average knowledge of health and medicine, could reasonably expect the absence of immediate medical attention to result in— (i) serious jeopardy to the health of the individual or, in the case of a pregnant woman, the health of the woman or her unborn child; (ii) serious impairment to bodily functions; or (iii) serious dysfunction of any bodily organ or part. (D) Urgent health care situation The term urgent health care situation means services furnished to an individual who requires services to be furnished within 12 hours in order to avoid the likely onset of an emergency medical condition. . 1002. Preemption of State laws limiting charges for eligible professional services (a) In general No State may impose a limit on the amount of charges for services, furnished by an eligible professional (as defined in subsection (k)(3)(B) of section 1848 of the Social Security Act, 42 U.S.C. 1395w–4 ), for which payment is made under such section, and any such limit is hereby preempted. (b) State In this section, the term State includes the District of Columbia, Puerto Rico, the Virgin Islands, Guam, and American Samoa. 1003. Health care provider licensure cannot be conditioned on participation in a health plan (a) In general The Secretary of Health and Human Services and any State (as a condition of receiving Federal financial participation under title XIX of the Social Security Act) may not require any health care provider to participate in any health plan as a condition of licensure of the provider in any State. (b) Definitions In this section: (1) Health plan The term health plan has the meaning given such term in section 1171(5) of the Social Security Act ( 42 U.S.C. 1320d(5) ). (2) Health care provider The term health care provider means any person or entity that is required by State or Federal laws or regulations to be licensed, registered, or certified to provide health care services and is so licensed, registered, or certified, or exempted from such requirement by other statute or regulation. (3) State The term State has the meaning given such term for purposes of title XIX of the Social Security Act. 1004. Bad debt deduction for doctors to partially offset the cost of providing uncompensated care required to be provided under amendments made by the Emergency Medical Treatment and Labor Act (a) In general Section 166 of the Internal Revenue Code of 1986 (relating to bad debts) is amended by redesignating subsection (f) as subsection (g) and by inserting after subsection (e) the following new subsection: (f) Bad debt treatment for doctors To partially offset cost of providing uncompensated care required To be provided (1) Amount of deduction (A) In general For purposes of subsection (a), the basis for determining the amount of any deduction for an eligible EMTALA debt shall be treated as being equal to the Medicare payment amount. (B) Medicare payment amount For purposes of subparagraph (A), the Medicare payment amount with respect to an eligible EMTALA debt is the fee schedule amount established under section 1848 of the Social Security Act for the physicians’ service (to which such debt relates) as if the service were provided to an individual enrolled under part B of title XVIII of such Act. (2) Eligible EMTALA debt For purposes of this section, the term eligible EMTALA debt means any debt if— (A) such debt arose as a result of physicians’ services— (i) which were performed in an EMTALA hospital by a board-certified physician (whether as part of medical screening or necessary stabilizing treatment and whether as an emergency department physician, as an on-call physician, or otherwise), and (ii) which were required to be provided under section 1867 of the Social Security Act ( 42 U.S.C. 1395dd ), and (B) such debt is owed— (i) to such physician, or (ii) to an entity if— (I) such entity is a corporation and the sole shareholder of such corporation is such physician, or (II) such entity is a partnership and any deduction under this subsection with respect to such debt is allocated to such physician or to an entity described in subclause (I). (3) Board-certified physician For purposes of this subsection, the term board-certified physician means any physician (as defined in section 1861(r) of the Social Security Act ( 42 U.S.C. 1395x(r) )) who is certified by the American Board of Emergency Medicine or other appropriate medical specialty board for the specialty in which the physician practices, or who meets comparable requirements, as identified by the Secretary of the Treasury in consultation with Secretary of Health and Human Services. (4) Other definitions For purposes of this subsection— (A) EMTALA hospital The term EMTALA hospital means any hospital having a hospital emergency department which is required to comply with section 1867 of the Social Security Act ( 42 U.S.C. 1395dd ) (relating to examination and treatment for emergency medical conditions and women in labor). (B) Physicians’ services The term physicians’ services has the meaning given such term in section 1861(q) of the Social Security Act ( 42 U.S.C. 1395x(q) ). . (b) Effective date The amendments made by this section shall apply to debts arising from services performed in taxable years beginning after the date of the enactment of this Act. 1005. Right of contract with health care providers (a) In general The Secretary of Health and Human Services shall not preclude an enrollee, participant, or beneficiary in a health benefits plan from entering into any contract or arrangement for health care with any health care provider. (b) Health benefits plan defined (1) In general In this section, subject to paragraph (2), the term health benefits plan means any of the following: (A) Group health plan (as defined in section 2791 of the Public Health Service Act). (B) Health insurance coverage (as defined in section 2791 of such Act). (C) A health benefits plan under chapter 89 of title 5, United States Code. (2) Exclusion of Medicaid and Tricare Such term does not include a health plan participating in— (A) the Medicaid program under title XIX of the Social Security Act; or (B) the TRICARE program under chapter 55 of title 10, United States Code. (c) Health care provider defined In this section, the term health care provider means— (1) a physician, as defined in paragraphs (1), (2), (3), and (4) of section 1861(r) of the Social Security Act ( 42 U.S.C. 1395x(r) ); and (2) a health care practitioner described in section 1842(b)(18)(C) of such Act ( 42 U.S.C. 1395u(b)(18)(C) ). XI Incentives to reduce physician shortages A Federally Supported Student Loan Funds for Medical Students 1101. Federally supported student loan funds for medical students (a) Primary health care medical students Subpart II of part A of the Public Health Service Act ( 42 U.S.C. 292q et seq. ) is amended— (1) by redesignating section 735 as section 729; and (2) in subsection (f) of section 729 (as so redesignated), by striking is authorized to be appropriated $10,000,000 for each of the fiscal years 1994 through 1996 and inserting are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each fiscal year thereafter . (b) Other medical students Part A of title VII of the Public Health Service Act ( 42 U.S.C. 292 et seq. ) is amended by adding at the end the following: III Federally Supported Student Loan Funds for Certain Medical Students 730. School loan funds for certain medical students (a) Fund agreements For the purpose described in subsection (b), the Secretary is authorized to enter into an agreement for the establishment and operation of a student loan fund with any public or nonprofit school of medicine or osteopathic medicine. (b) Purpose The purpose of this subpart is to provide for loans to medical students who would be eligible for a loan under subpart II, except for the student’s decision to enter a residency training program in a field other than primary health care. (c) Commencement of repayment period The repayment period for a loan under this section shall not begin before the end of any period during which the student is participating in an internship, residency, or fellowship training program directly related to the field of medicine which the student agrees to enter pursuant to subsection (d). (d) Requirements for students Each agreement under this section for the establishment of a student loan fund shall provide that the school of medicine or osteopathic medicine will make a loan to a student from such fund only if the student agrees— (1) to enter and complete a residency training program (in a field of medicine other than primary health care) not later than a period determined by the Secretary to be reasonable after the date on which the student graduates from such school; and (2) to practice medicine through the date on which the loan is repaid in full. (e) Requirements for schools The provisions of section 723(b) (regarding graduates in primary health care) shall not apply to a student loan fund established under this section. (f) Applicability of other provisions Except as inconsistent with this section, the provisions of subpart II shall apply to the program of student loan funds established under this section to the same extent and in the same manner as such provisions apply to the program of student loan funds established under subpart II. (g) Authorization of appropriations To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each fiscal year thereafter. . B Loan Forgiveness for Primary Care Providers 1111. Loan forgiveness for primary care providers (a) In general The Secretary of Health and Human Services shall carry out a program of entering into contracts with eligible individuals under which— (1) the individual agrees to serve for a period of not less than 5 years as a primary care provider; and (2) in consideration of such service, the Secretary agrees to pay not more than $50,000 on the principal and interest on the individual’s graduate educational loans. (b) Eligibility To be eligible to enter into a contract under subsection (a), an individual must— (1) have a graduate degree in medicine, osteopathic medicine, or another health profession from an accredited (as determined by the Secretary of Health and Human Services) institution of higher education; and (2) have practiced as a primary care provider for a period (excluding any residency or fellowship training period) of not less than— (A) 5 years; or (B) 3 years in a medically underserved community (as defined in section 799B of the Public Health Service Act ( 42 U.S.C. 295p )). (c) Installments Payments under this section may be made in installments of not more than $10,000 for each year of service described in subsection (a)(1). (d) Applicability of certain provisions The provisions of subpart III of part D of title III of the Public Health Service Act shall, except as inconsistent with this section, apply to the program established under this section in the same manner and to the same extent as such provisions apply to the National Health Service Corps Loan Repayment Program established in such subpart. XII Quality Health Care Coalition 1201. Quality Health Care Coalition (a) Application of the Federal antitrust laws to health care professionals negotiating with health plans (1) In general Any health care professionals who are engaged in negotiations with a health plan regarding the terms of any contract under which the professionals provide health care items or services for which benefits are provided under such plan shall, in connection with such negotiations, be exempt from the Federal antitrust laws. (2) Limitation (A) No new right for collective cessation of service The exemption provided in paragraph (1) shall not confer any new right to participate in any collective cessation of service to patients not already permitted by existing law. (B) No change in National Labor Relations Act This section applies only to health care professionals excluded from the National Labor Relations Act. Nothing in this section shall be construed as changing or amending any provision of the National Labor Relations Act, or as affecting the status of any group of persons under that Act. (3) No application to Federal programs Nothing in this section shall apply to negotiations between health care professionals and health plans pertaining to benefits provided under any of the following: (A) The Medicare Program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ). (B) The Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ). (C) The SCHIP program under title XXI of the Social Security Act ( 42 U.S.C. 1397aa et seq. ). (D) Chapter 55 of title 10, United States Code (relating to medical and dental care for members of the uniformed services). (E) Chapter 17 of title 38, United States Code (relating to Veterans’ medical care). (F) Chapter 89 of title 5, United States Code (relating to the Federal employees’ health benefits program). (G) The Indian Health Care Improvement Act ( 25 U.S.C. 1601 et seq. ). (b) Definitions In this section, the following definitions shall apply: (1) Antitrust laws The term antitrust laws — (A) has the meaning given it in subsection (a) of the first section of the Clayton Act ( 15 U.S.C. 12(a) ), except that such term includes section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ) to the extent such section applies to unfair methods of competition; and (B) includes any State law similar to the laws referred to in subparagraph (A). (2) Group health plan The term group health plan means an employee welfare benefit plan to the extent that the plan provides medical care (including items and services paid for as medical care) to employees or their dependents (as defined under the terms of the plan) directly or through insurance, reimbursement, or otherwise. (3) Group health plan, health insurance issuer The terms group health plan and health insurance issuer include a third-party administrator or other person acting for or on behalf of such plan or issuer. (4) Health care services The term health care services means any services for which payment may be made under a health plan, including services related to the delivery or administration of such services. (5) Health care professional The term health care professional means any individual or entity that provides health care items or services, treatment, assistance with activities of daily living, or medications to patients and who, to the extent required by State or Federal law, possesses specialized training that confers expertise in the provision of such items or services, treatment, assistance, or medications. (6) Health insurance coverage The term health insurance coverage means benefits consisting of medical care (provided directly, through insurance or reimbursement, or otherwise and including items and services paid for as medical care) under any hospital or medical service policy or certificate, hospital or medical service plan contract, or health maintenance organization contract offered by a health insurance issuer. (7) Health insurance issuer The term health insurance issuer means an insurance company, insurance service, or insurance organization (including a health maintenance organization) that is licensed to engage in the business of insurance in a State and that is subject to State law regulating insurance. Such term does not include a group health plan. (8) Health maintenance organization The term health maintenance organization means— (A) a federally qualified health maintenance organization (as defined in section 1301(a) of the Public Health Service Act ( 42 U.S.C. 300e(a) )); (B) an organization recognized under State law as a health maintenance organization; or (C) a similar organization regulated under State law for solvency in the same manner and to the same extent as such a health maintenance organization. (9) Health plan The term health plan means a group health plan or a health insurance issuer that is offering health insurance coverage. (10) Medical care The term medical care means amounts paid for— (A) the diagnosis, cure, mitigation, treatment, or prevention of disease, or amounts paid for the purpose of affecting any structure or function of the body; and (B) transportation primarily for and essential to receiving items and services referred to in subparagraph (A). (11) Person The term person includes a State or unit of local government. (12) State The term State includes the several States, the District of Columbia, Puerto Rico, the Virgin Islands of the United States, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (c) Effective date This section shall take effect on the date of the enactment of this Act and shall not apply with respect to conduct occurring before such date. XIII Offsets A Discretionary spending limits 1301. Discretionary spending limits The Balanced Budget and Emergency Deficit Control Act of 1985, as amended by section 101 of the Budget Control Act of 2011, is amended— (1) in section 251(c) ( 2 U.S.C. 901(c) )— (A) by striking and at the end of paragraph (9); and (B) by inserting after paragraph (10) the following: (11) with respect to fiscal year 2022— (A) for the security category, $662,562,510,000 in budget authority; and (B) for the nonsecurity category, $496,727,490,000 in budget authority; and (12) with respect to fiscal year 2023— (A) for the security category, $689,704,290,000 in budget authority; and (B) for the nonsecurity category, $495,325,710,000; ; and (2) in section 251A(2) ( 2 U.S.C. 901a(2) )— (A) in subparagraph (B)(ii), by striking $510,000,000,000 and inserting $410,231,250,000 ; (B) in subparagraph (C)(ii), by striking $520,000,000,000 and inserting $424,377,360,000 ; (C) in subparagraph (D)(ii), by striking $530,000,000,000 and inserting $434,464,470,000 ; (D) in subparagraph (E)(ii), by striking $541,000,000,000 and inserting $445,368,000,000 ; (E) in subparagraph (F)(ii), by striking $553,000,000,000 and inserting $457,649,280,000 ; (F) in subparagraph (G)(ii), by striking $566,000,000,000 and inserting $472,098,360,000 ; (G) in subparagraph (H)(ii), by striking $578,000,000,000 and inserting $485,466,300,000 ; and (H) in subparagraph (I)(ii), by striking $590,000,000,000 and inserting $498,094,740,000 . B Savings from health care efficiencies 1311. Medicare DSH report and payment adjustments in response to coverage expansion (a) DSH report (1) In general Not later than January 1, 2018, the Secretary of Health and Human Services shall submit to Congress a report on Medicare DSH taking into account the impact of the health care reforms carried out under this Act in reducing the number of uninsured individuals. The report shall include recommendations relating to the following: (A) The appropriate amount, targeting, and distribution of Medicare DSH to compensate for higher Medicare costs associated with serving low-income beneficiaries (taking into account variations in the empirical justification for Medicare DSH attributable to hospital characteristics, including bed size), consistent with the original intent of Medicare DSH. (B) The appropriate amount, targeting, and distribution of Medicare DSH to hospitals given their continued uncompensated care costs, to the extent such costs remain. (2) Coordination with Medicaid DSH report The Secretary shall coordinate the report under this subsection with the report on Medicaid DSH under section 1322(a). (b) Payment adjustments in response to coverage expansion (1) In general If there is a significant decrease in the national rate of uninsurance as a result of this Act (as determined under paragraph (2)(A)), then the Secretary of Health and Human Services shall, beginning in fiscal year 2019, implement the following adjustments to Medicare DSH: (A) In lieu of the amount of Medicare DSH payment that would otherwise be made under section 1886(d)(5)(F) of the Social Security Act, the amount of Medicare DSH payment shall be an amount based on the recommendations of the report under subsection (a)(1)(A) and shall take into account variations in the empirical justification for Medicare DSH attributable to hospital characteristics, including bed size. (B) Subject to paragraph (3), make an additional payment to a hospital by an amount that is estimated based on the amount of uncompensated care provided by the hospital based on criteria for uncompensated care as determined by the Secretary, which shall exclude bad debt. (2) Significant decrease in national rate of uninsurance as a result of this Act For purposes of this subsection— (A) In general There is a significant decrease in the national rate of uninsurance as a result of this Act if there is a decrease in the national rate of uninsurance (as defined in subparagraph (B)) from 2014 to 2016 that exceeds 8 percentage points. (B) National rate of uninsurance defined The term national rate of uninsurance means, for a year, such rate for the under-65 population for the year as determined and published by the Bureau of the Census in its Current Population Survey in or about September of the succeeding year. (3) Uncompensated care increase (A) Computation of DSH savings For each fiscal year (beginning with fiscal year 2017), the Secretary shall estimate the aggregate reduction in Medicare DSH that will result from the adjustment under paragraph (1)(A). (B) Structure of payment increase The Secretary shall compute the increase in Medicare DSH under paragraph (1)(B) for a fiscal year in accordance with a formula established by the Secretary that provides that— (i) the aggregate amount of such increase for the fiscal year does not exceed 50 percent of the aggregate reduction in Medicare DSH estimated by the Secretary for such fiscal year; and (ii) hospitals with higher levels of uncompensated care receive a greater increase. (c) Medicare DSH In this section, the term Medicare DSH means adjustments in payments under section 1886(d)(5)(F) of the Social Security Act ( 42 U.S.C. 1395ww(d)(5)(F) ) for inpatient hospital services furnished by disproportionate share hospitals. 1312. Reduction in Medicaid DSH (a) Report (1) In general Not later than January 1, 2018, the Secretary of Health and Human Services (in this title referred to as the Secretary ) shall submit to Congress a report concerning the extent to which, based upon the impact of the health care reforms carried out under this Act in reducing the number of uninsured individuals, there is a continued role for Medicaid DSH. In preparing the report, the Secretary shall consult with community-based health care networks serving low-income beneficiaries. (2) Matters to be included The report shall include the following: (A) Recommendations Recommendations regarding— (i) the appropriate targeting of Medicaid DSH within States; and (ii) the distribution of Medicaid DSH among the States. (B) Specification of DSH Health Reform methodology The DSH Health Reform methodology described in paragraph (2) of subsection (b) for purposes of implementing the requirements of such subsection. (3) Coordination with Medicare DSH report The Secretary shall coordinate the report under this subsection with the report on Medicare DSH under section 1321. (4) Medicaid DSH In this section, the term Medicaid DSH means adjustments in payments under section 1923 of the Social Security Act for inpatient hospital services furnished by disproportionate share hospitals. (b) Medicaid DSH reductions (1) In general If there is a significant decrease in the national rate of uninsurance as a result of this Act (as determined under section 1321(a)(2)(A)), then the Secretary of Health and Human Services shall reduce Medicaid DSH so as to reduce total Federal payments to all States for such purpose by $1,500,000,000 in fiscal year 2019, $2,500,000,000 in fiscal year 2020, and $6,000,000,000 in fiscal year 2021. (2) DSH Health Reform methodology The Secretary shall carry out paragraph (1) through use of a DSH Health Reform methodology issued by the Secretary that imposes the largest percentage reductions on the States that— (A) have the lowest percentages of uninsured individuals (determined on the basis of audited hospital cost reports) during the most recent year for which such data are available; or (B) do not target their DSH payments on— (i) hospitals with high volumes of Medicaid inpatients (as defined in section 1923(b)(1)(A) of the Social Security Act ( 42 U.S.C. 1396r–4(b)(1)(A) )); and (ii) hospitals that have high levels of uncompensated care (excluding bad debt). (3) DSH allotment publications (A) In general Not later than the publication deadline specified in subparagraph (B), the Secretary shall publish in the Federal Register a notice specifying the DSH allotment to each State under 1923(f) of the Social Security Act for the respective fiscal year specified in such subparagraph, consistent with the application of the DSH Health Reform methodology described in paragraph (2). (B) Publication deadline The publication deadline specified in this subparagraph is— (i) January 1, 2018, with respect to DSH allotments described in subparagraph (A) for fiscal year 2019; (ii) January 1, 2019, with respect to DSH allotments described in subparagraph (A) for fiscal year 2020; and (iii) January 1, 2020, with respect to DSH allotments described in subparagraph (A) for fiscal year 2021. (c) Conforming amendments (1) Section 1923(f) of the Social Security Act ( 42 U.S.C. 1396r–4(f) ) is amended— (A) by redesignating paragraph (7) as paragraph (8); and (B) by inserting after paragraph (6) the following new paragraph: (7) Special rule for fiscal years 2019, 2020, and 2021 Notwithstanding paragraph (2), if the Secretary makes a reduction under section 1322(b)(1) of the Empowering Patients First Act of 2013 , the total DSH allotments for all States for— (A) fiscal year 2019, shall be the total DSH allotments that would otherwise be determined under this subsection for such fiscal year decreased by $1,500,000,000; (B) fiscal year 2020, shall be the total DSH allotments that would otherwise be determined under this subsection for such fiscal year decreased by $2,500,000,000; and (C) fiscal year 2021, shall be the total DSH allotments that would otherwise be determined under this subsection for such fiscal year decreased by $6,000,000,000. . (2) Section 1923(b)(4) of such Act ( 42 U.S.C. 1396r–4(b)(4) ) is amended by adding before the period the following: or to affect the authority of the Secretary to issue and implement the DSH Health Reform methodology under section 1322(b)(2) of the Empowering Patients First Act of 2013 . (d) Disproportionate share hospitals (DSH) and essential access hospital (EAH) non-Discrimination (1) In general Section 1923(d) of the Social Security Act ( 42 U.S.C. 1396r–4 ) is amended by adding at the end the following new paragraph: (4) No hospital may be defined or deemed as a disproportionate share hospital, or as an essential access hospital (for purposes of subsection (f)(6)(A)(iv)), under a State plan under this title or subsection (b) of this section (including any waiver under section 1115) unless the hospital— (A) provides services to beneficiaries under this title without discrimination on the ground of race, color, national origin, creed, source of payment, status as a beneficiary under this title, or any other ground unrelated to such beneficiary’s need for the services or the availability of the needed services in the hospital; and (B) makes arrangements for, and accepts, reimbursement under this title for services provided to eligible beneficiaries under this title. . (2) Effective date The amendment made by subsection (a) shall be apply to expenditures made on or after July 1, 2014. C Fraud, Waste, and Abuse 1321. Provide adequate funding to HHS OIG and HCFAC (a) HCFAC funding Section 1817(k)(3)(A) of the Social Security Act ( 42 U.S.C. 1395i(k)(3)(A) ) is amended— (1) in clause (i)— (A) in subclause (III), by striking at the end and ; (B) in subclause (IV)— (i) by inserting and before fiscal year 2014 after for each fiscal year after fiscal year 2006 ; and (ii) by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new subclause: (V) for each fiscal year after fiscal year 2013, $300,000,000. ; and (2) in clause (ii)— (A) in subclause (VIII), by striking at the end and ; (B) in subclause (IX)— (i) by inserting and before fiscal year 2014 after for each fiscal year after fiscal year 2007 ; and (ii) by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new subclause: (X) for each fiscal year after fiscal year 2013, not less than the amount required under this clause for fiscal year 2013, plus the amount by which the amount made available under clause (i)(V) for fiscal year 2014 exceeds the amount made available under clause (i)(IV) for fiscal year 2013. . (b) OIG funding There are authorized to be appropriated for each of fiscal years 2014 through 2023 $100,000,000 for the Office of the Inspector General of the Department of Health and Human Services for fraud prevention activities under the Medicare and Medicaid programs. 1322. Improved enforcement of the Medicare secondary payor provisions (a) In general The Secretary, in coordination with the Inspector General of the Department of Health and Human Services, shall provide through the Coordination of Benefits Contractor for the identification of instances where the Medicare program should be, but is not, acting as a secondary payer to an individual’s private health benefits coverage under section 1862(b) of the Social Security Act ( 42 U.S.C. 1395y(b) ). (b) Updating procedures The Secretary shall update procedures for identifying and resolving credit balance situations which occur under the Medicare program when payment under such title and from other health benefit plans exceed the providers’ charges or the allowed amount. (c) Report on improved enforcement Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit a report to Congress on progress made in improved enforcement of the Medicare secondary payor provisions, including recoupment of credit balances. 1323. Strengthen Medicare provider enrollment standards and safeguards (a) Strengthening Medicare provider numbers (1) Screening new providers As a condition of a provider of services or a supplier, including durable medical equipment suppliers and home health agencies, applying for the first time for a provider number under the Medicare program under title XVIII of the Social Security Act and before granting billing privileges under such title, the Secretary of Health and Human Services (referred to in this section as the Secretary ) shall screen the provider or supplier for a criminal background or other financial or operational irregularities through fingerprinting, licensure checks, site-visits, and other database checks. (2) Application fees The Secretary shall impose an application charge on such a provider or supplier in order to cover the Secretary’s costs in performing the screening required under paragraph (1). (3) Provisional approval During an initial, provisional period (specified by the Secretary) in which such a provider or supplier has been issued such a number, the Secretary shall provide enhanced oversight of the activities of such provider or supplier under the Medicare program, such as through prepayment review and payment limitations. (4) Penalties for false statements In the case of a provider or supplier that knowingly makes a false statement in an application for such a number, the Secretary may exclude the provider or supplier from participation under the Medicare program, or may impose a civil money penalty (in the amount described in section 1128A(a)(4) of the Social Security Act), in the same manner as the Secretary may impose such an exclusion or penalty under sections 1128 and 1128A, respectively, of such Act in the case of knowing presentation of a false claim described in section 1128A(a)(1)(A) of such Act. (5) Disclosure requirements With respect to approval of such an application, the Secretary— (A) shall require applicants to disclose previous affiliation with enrolled entities that have uncollected debt related to the Medicare or Medicaid programs; (B) may deny approval if the Secretary determines that these affiliations pose undue risk to the Medicare or Medicaid program, subject to an appeals process for the applicant as determined by the Secretary; and (C) may implement enhanced safeguards (such as surety bonds). (b) Moratoria The Secretary may impose moratoria on approval of provider and supplier numbers under the Medicare program for new providers of services and suppliers as determined necessary to prevent or combat fraud a period of delay for any one applicant cannot exceed 30 days unless cause is shown by the Secretary. (c) Funding There are authorized to be appropriated to carry out this section such sums as may be necessary. 1324. Tracking banned providers across State lines (a) Greater coordination The Secretary of Health and Human Services (in this section referred to as the Secretary ) shall provide for increased coordination between the Administrator of the Centers for Medicare & Medicaid Services (in this section referred to as CMS ) and its regional offices to ensure that providers of services and suppliers that have operated in one State and are excluded from participation in the Medicare program are unable to begin operation and participation in the Medicare program in another State. (b) Improved information systems (1) In general The Secretary shall improve information systems to allow greater integration between databases under the Medicare program so that— (A) Medicare administrative contractors, fiscal intermediaries, and carriers have immediate access to information identifying providers and suppliers excluded from participation in the Medicare and Medicaid program and other Federal health care programs; and (B) such information can be shared across Federal health care programs and agencies, including between the Departments of Health and Human Services, the Social Security Administration, the Department of Veterans Affairs, the Department of Defense, the Department of Justice, and the Office of Personnel Management. (c) Medicare/Medicaid One PI database The Secretary shall implement a database that includes claims and payment data for all components of the Medicare program and the Medicaid program. (d) Authorizing expanded data matching Notwithstanding any provision of the Computer Matching and Privacy Protection Act of 1988 to the contrary— (1) the Secretary and the Inspector General in the Department of Health and Human Services may perform data matching of data from the Medicare program with data from the Medicaid program; and (2) the Commissioner of Social Security and the Secretary may perform data matching of data of the Social Security Administration with data from the Medicare and Medicaid programs. (e) Consolidation of databases The Secretary shall consolidate and expand into a centralized database for individuals and entities that have been excluded from Federal health care programs the Healthcare Integrity and Protection Data Bank, the National Practitioner Data Bank, the List of Excluded Individuals/Entities, and a national patient abuse/neglect registry. (f) Comprehensive provider database (1) Establishment The Secretary shall establish a comprehensive database that includes information on providers of services, suppliers, and related entities participating in the Medicare program, the Medicaid program, or both. Such database shall include, information on ownership and business relationships, history of adverse actions, results of site visits or other monitoring by any program. (2) Use Prior to issuing a provider or supplier number for an entity under the Medicare program, the Secretary shall obtain information on the entity from such database to assure the entity qualifies for the issuance of such a number. (g) Comprehensive sanctions database The Secretary shall establish a comprehensive sanctions database on sanctions imposed on providers of services, suppliers, and related entities. Such database shall be overseen by the Inspector General of the Department of Health and Human Services and shall be linked to related databases maintained by State licensure boards and by Federal or State law enforcement agencies. (h) Access to claims and payment databases The Secretary shall ensure that the Inspector General of the Department of Health and Human Services and Federal law enforcement agencies have direct access to all claims and payment databases of the Secretary under the Medicare or Medicaid programs. (i) Civil money penalties for submission of erroneous information In the case of a provider of services, supplier, or other entity that knowingly submits erroneous information that serves as a basis for payment of any entity under the Medicare or Medicaid program, the Secretary may impose a civil money penalty of not to exceed $50,000 for each such erroneous submission. A civil money penalty under this subsection shall be imposed and collected in the same manner as a civil money penalty under subsection (a) of section 1128A of the Social Security Act is imposed and collected under that section.

https://www.govinfo.gov/content/pkg/BILLS-113hr2300ih/xml/BILLS-113hr2300ih.xml

113-hr-2301

I 113th CONGRESS 1st Session H. R. 2301 IN THE HOUSE OF REPRESENTATIVES June 6, 2013 Mr. Reed (for himself, Ms. Slaughter , and Mr. Collins of New York ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to enhance the clinical trial registry data bank reporting requirements and enforcement measures. 1. Short title This Act may be cited as the Clinical Trial Cancer Mission 2020 Act . 2. Enhancing clinical trial registry data bank reporting requirements and enforcement measures (a) Clarification that clinical trial registry data bank requirements apply regardless of trial outcomes Section 402(j)(1)(A)(i) of the Public Health Service Act ( 42 U.S.C. 282(j)(1)(A)(i) ) is amended by inserting before the period at the end the following , whether or not such a clinical trial results in a positive or negative outcome . (b) Application to grants from Department of Defense Section 402(j)(5)(A)(i) of such Act ( 42 U.S.C. 282(j)(5)(A)(i) ) is amended by inserting the Department of Defense or after agency of . (c) Enhanced enforcement Section 402(j)(5)(A) of such Act ( 42 U.S.C. 282(j)(5)(A) ) is amended by adding at the end the following new clause: (v) Enhanced enforcement After the 30-day period described in clause (iii), if the head of an agency referred to in clause (i), as applicable, verifies that a grantee has not submitted clinical trial information as described in clause (ii), with respect to an applicable clinical trial that is funded in whole or in part by a grant from the agency, such grantee— (I) shall not be eligible to receive any remaining funding for the grant or funding for a future Federal grant until such time as the grantee comes into compliance with all applicable reporting requirements under this subsection; and (II) shall be liable to the United States for repayment of any amount provided under the grant for the clinical trial for which the grantee failed to comply with such reporting requirements. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2301ih/xml/BILLS-113hr2301ih.xml

113-hr-2302

I 113th CONGRESS 1st Session H. R. 2302 IN THE HOUSE OF REPRESENTATIVES June 6, 2013 Mr. Reed (for himself, Mr. Thompson of California , Mr. Paulsen , Mr. Blumenauer , Mr. Michaud , Mr. Connolly , Mr. Young of Florida , Mr. King of Iowa , and Mr. Grijalva ) 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 title XVIII of the Social Security Act to strengthen and protect Medicare hospice programs. 1. Short title This Act may be cited as the Hospice Evaluation and Legitimate Payment Act of 2013 . 2. Ensuring timely access to hospice care (a) In general Section 1814(a)(7)(D)(i) of the Social Security Act ( 42 U.S.C. 1395f(a)(7)(D)(i) ) is amended to read as follows: (i) a hospice physician, nurse practitioner, clinical nurse specialist, or physician assistant (as those terms are defined in section 1861(aa)(5)), or other health professional (as designated by the Secretary), has a face-to-face encounter with the individual to determine continued eligibility of the individual for hospice care prior to the first 60-day period and each subsequent recertification under subparagraph (A)(ii) (or, in the case where a hospice program newly admits an individual who would be entering their first 60-day period or a subsequent hospice benefit period or where exceptional circumstances, as defined by the Secretary, may prevent a face-to-face encounter prior to the beginning of the hospice benefit period, not later than 7 calendar days after the individual’s election under section 1812(d)(1) with respect to the hospice program) and attests that such visit took place (in accordance with procedures established by the Secretary); and . (b) Effective date The amendment made by subsection (a) takes effect on January 1, 2014, and applies to hospice care furnished on or after such date. 3. Restoring and protecting the Medicare hospice benefit (a) In general Section 1814(i) of the Social Security Act ( 42 U.S.C. 1395f(i) ) is amended— (1) in paragraph (6)— (A) in subparagraph (D)— (i) in clause (i)— (I) in the first sentence, by striking not earlier than October 1, 2013, the Secretary shall, by regulation, and inserting subject to clause (iii), not earlier than the later of 2 years after the demonstration program under subparagraph (F) is completed or October 1, 2017, the Secretary shall, by regulation, preceded by a notice of the proposed regulation in the Federal Register and a period for public comment in accordance with section 1871(b)(1), ; and (II) in the second sentence, by inserting and shall take into account the results of the evaluation conducted under subparagraph (F)(ii) before the period; and (ii) by adding at the end the following new clause: (iii) The Secretary shall implement the revisions in payment pursuant to clause (i) unless the Secretary determines that the demonstration program under subparagraph (F) demonstrated that such revisions would adversely affect access to quality hospice care by beneficiaries under this title. ; and (B) by adding at the end the following new subparagraph: (F) Hospice payment reform demonstration program (i) Establishment of demonstration program (I) In general Before implementing any revisions to the methodology for determining the payment rates for routine home care and other services included in hospice care under subparagraph (D), the Secretary shall establish a Medicare Hospice Payment Reform demonstration program (in this subparagraph referred to as the demonstration program ) to test such proposed revisions. (II) Duration The demonstration program shall be conducted for a 2-year period beginning on or after October 1, 2013. (III) Scope Any certified hospice program may apply to participate in the demonstration program and the Secretary shall select not more than 15 such hospice programs to participate in the demonstration program. (IV) Representative participation Hospice programs selected under subclause (III) to participate in the demonstration program shall include a representative cross-section of hospice programs throughout the United States, including programs located in urban and rural areas. (ii) Evaluation and report (I) Evaluation The Secretary shall conduct an evaluation of the demonstration program. Such evaluation shall include an analysis of whether the use of the revised payment methodology under the demonstration program has improved the quality of patient care and access to hospice care for beneficiaries under this title and the impact of such payment revisions on hospice care providers, including the impact, if any, on the ability of hospice programs to furnish quality care to beneficiaries under this title. (II) Report Not later than 2 years after the completion of the demonstration program, the Secretary shall submit to Congress a report containing the results of the evaluation conducted under subclause (I), together with recommendations for such legislation and administrative action as the Secretary determines appropriate. (iii) Budget neutrality With respect to the 2-year period of the demonstration program, the Secretary shall ensure that revisions in payment implemented as part of the demonstration program shall result in the same estimated amount of aggregate payments under this title for hospice care for the programs participating in the demonstration as would have been made if the hospice programs had not participated in the demonstration program. . 4. Hospice survey requirement Section 1861(dd)(4) of the Social Security Act ( 42 U.S.C. 1395x(dd)(4) ) is amended by adding at the end the following new subparagraph: (C) Any entity that is certified as a hospice program shall be subject to a standard survey by an appropriate State or local survey agency, or an approved accreditation agency, as determined by the Secretary, not less frequently than once every 36 months beginning 6 months after the date of the enactment of this subparagraph. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2302ih/xml/BILLS-113hr2302ih.xml

113-hr-2303

I 113th CONGRESS 1st Session H. R. 2303 IN THE HOUSE OF REPRESENTATIVES June 6, 2013 Ms. Shea-Porter introduced the following bill; which was referred to the Committee on Armed Services A BILL To define the term covered waste for purposes of the Department of Defense prohibition on the disposal of certain waste in open-air burn pits. 1. Short title This Act may be cited as the Save Our Soldiers’ Lungs Act . 2. Clarification of prohibition on disposing of waste in open-air burn pits For the purposes of Department of Defense Instruction 4715.19, issued as required by section 317 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 2701 note) or any successor instruction, the term covered waste specifically includes, in addition to the materials already specified in subparagraphs (A) and (B) of subsection (c)(2) of such section, the following: (1) Tires. (2) Treated wood. (3) Batteries. (4) Plastics, except insignificant amounts of plastic remaining after a good-faith effort to remove or recover plastic materials from the solid waste stream. (5) Munitions and explosives, the destruction of which is covered in Department of Defense Instruction 6055.09–M (Reference (i)). (6) Compressed gas cylinders, unless empty with valves removed. (7) Fuel containers, unless completely evacuated of its contents. (8) Aerosol cans. (9) Polychlorinated biphenyls. (10) Petroleum, oils, and lubricants products (other than waste fuel for initial combustion). (11) Asbestos. (12) Mercury. (13) Foam tent material. (14) Any item containing any of the materials referred to in a preceding paragraph.

https://www.govinfo.gov/content/pkg/BILLS-113hr2303ih/xml/BILLS-113hr2303ih.xml

113-hr-2304

V 113th CONGRESS 1st Session H. R. 2304 IN THE HOUSE OF REPRESENTATIVES June 6, 2013 Mr. Ryan of Ohio introduced the following bill; which was referred to the Committee on the Judiciary A BILL For the relief of Amer Numan Adi. 1. Permanent resident status for Amer Numan Adi (a) In general Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Amer Numan Adi shall be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident. (b) Adjustment of status If Amer Numan Adi enters the United States before the filing deadline specified in subsection (c), he shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. (c) Deadline for application and payment of fees Subsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act. (d) Reduction of immigrant visa number Upon the granting of an immigrant visa or permanent residence to Amer Numan Adi, the Secretary of State shall instruct the proper officer to reduce by 1, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 202(e) of such Act. (e) Denial of preferential immigration treatment for certain relatives The natural parents, brothers, and sisters of Amer Numan Adi shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2304ih/xml/BILLS-113hr2304ih.xml

113-hr-2305

I 113th CONGRESS 1st Session H. R. 2305 IN THE HOUSE OF REPRESENTATIVES June 10, 2013 Mr. Roskam (for himself, Mr. Carney , Mr. Hultgren , Mr. Barber , Mr. Schrader , and Mr. Reed ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend titles XVIII and XIX of the Social Security Act to curb waste, fraud, and abuse in the Medicare and Medicaid programs. 1. Short title; table of contents (a) Short title This Act may be cited as the Preventing and Reducing Improper Medicare and Medicaid Expenditures Act of 2013 or the PRIME Act of 2013 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Curbing improper payments Sec. 101. Requiring valid prescriber National Provider Identifiers on pharmacy claims. Sec. 102. Reforming how CMS tracks and corrects the vulnerabilities identified by Recovery Audit Contractors. Sec. 103. Improving Senior Medicare Patrol and fraud reporting rewards. Sec. 104. Strengthening Medicaid Program integrity through flexibility. Sec. 105. Establishing Medicare administrative contractor error reduction incentives. Sec. 106. Strengthening penalties for the illegal distribution of a Medicare, Medicaid, or CHIP beneficiary identification or billing privileges. TITLE II—Improving data sharing Sec. 201. Access to the National Directory of New Hires. Sec. 202. Improving the sharing of data between the Federal Government and State Medicaid programs. Sec. 203. Improving claims processing and detection of fraud within the Medicaid and CHIP programs. TITLE III—Report on implementation Sec. 301. Report on implementation. I Curbing improper payments 101. Requiring valid prescriber National Provider Identifiers on pharmacy claims Section 1860D–4(c) of the Social Security Act ( 42 U.S.C. 1395w–104(c) ) is amended by adding at the end the following new paragraph: (4) Requiring valid prescriber National Provider Identifiers on pharmacy claims (A) In general For plan year 2015 and subsequent plan years, subject to subparagraph (B), the Secretary shall prohibit PDP sponsors of prescription drug plans from paying claims for prescription drugs under this part that do not include a valid prescriber National Provider Identifier. (B) Procedures The Secretary shall establish— (i) procedures for determining the validity of prescriber National Provider Identifiers under subparagraph (A); and (ii) procedures for transferring to the Inspector General of the Department of Health and Human Services and appropriate law enforcement agencies and other oversight entities information on those National Provider Identifiers and pharmacy claims, including records related to such claims, that the Secretary determines are invalid under clause (i). (C) Report Not later than January 1, 2017, the Inspector General of the Department of Health and Human Services shall submit to Congress a report on the effectiveness of the procedures established under subparagraph (B). . 102. Reforming how CMS tracks and corrects the vulnerabilities identified by Recovery Audit Contractors (a) In general Section 1893(h) of the Social Security Act ( 42 U.S.C. 1395ddd(h) ) is amended— (1) in paragraph (8)— (A) by striking report .—The Secretary and inserting “ report .— (A) In general Subject to subparagraph (C), the Secretary ; and (B) by adding after subparagraph (A), as inserted by subparagraph (A), the following new subparagraphs: (B) Inclusion of improper payment vulnerabilities identified Each report submitted under subparagraph (A) shall, subject to subparagraph (C), include— (i) a description of— (I) the types and financial cost to the program under this title of improper payment vulnerabilities identified by recovery audit contractors under this subsection; and (II) how the Secretary is addressing such improper payment vulnerabilities; and (ii) an assessment of the effectiveness of changes made to payment policies and procedures under this title in order to address the vulnerabilities so identified. (C) Limitation The Secretary shall ensure that each report submitted under subparagraph (A) does not include information that the Secretary determines would be sensitive or would otherwise negatively impact program integrity. ; and (2) by adding at the end the following new paragraph: (10) Addressing improper payment vulnerabilities The Secretary shall address improper payment vulnerabilities identified by recovery audit contractors under this subsection in a timely manner, prioritized based on the risk to the program under this title. . (b) Use of Medicare and Medicaid recovery audit contractor recoveries for provider education and To prevent improper payments and fraud (1) Medicare RAC program Section 1893(h)(1)(C) of the Social Security Act (42 U.S.C. 1395ddd(h)(1)(C)) is amended— (A) by striking the Secretary shall retain and inserting “the Secretary— (i) shall retain ; (B) in clause (i), as added by subparagraph (A)— (i) by inserting , in addition to any other funds that may be available, after available ; (ii) by inserting until expended after Services ; and (iii) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following new clauses: (ii) may retain an additional portion of the amounts recovered (not to exceed 25 percent of such amounts recovered) which shall be available, in addition to any other funds that may be available, to such program management account until expended for purposes of activities to address problems that contribute to improper payments and fraud under this title; and (iii) shall retain an additional 5 percent of such amounts recovered to be made available, in addition to any other funds that may be available, to the Inspector General of the Department of Health and Human Services until expended for the Inspector General to carry out activities of the Inspector General relating to investigating improper payments or auditing internal controls associated with payments under this title. . (2) Medicaid RAC program Section 1936 of the Social Security Act (42 U.S.C. 1396u–6) is amended by adding at the end the following new subsection: (f) Amounts recovered through recovery audit contractors Notwithstanding any other provision of law, the Secretary— (1) may retain a portion of the amounts recovered pursuant to the program established under section 1902(a)(42)(B) (not to exceed 25 percent of the Federal share of such amounts recovered) which shall be available, in addition to any other funds that may be available, to the program management account of the Centers for Medicare & Medicaid Services for purposes of activities to address problems that contribute to improper payments and fraud under this title; and (2) shall retain an additional 5 percent of the Federal share of such amounts recovered to be made available, in addition to any other funds that may be available, to the Inspector General of the Department of Health and Human Services until expended for the Inspector General to carry out activities of the Inspector General relating to investigating improper payments or auditing internal controls associated with payments under this title. . (3) Effective date The amendments made by this section shall take effect on January 1, 2014. 103. Improving Senior Medicare Patrol and fraud reporting rewards (a) In general The Secretary of Health and Human Services (in this section referred to as the Secretary ) shall develop a plan to revise the incentive program under section 203(b) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1395b–5(b) ) to encourage greater participation by individuals to report fraud and abuse in the Medicare program. Such plan shall include recommendations for— (1) ways to enhance rewards for individuals reporting under the incentive program, including rewards based on information that leads to an administrative action; and (2) extending the incentive program to the Medicaid program. (b) Public awareness and education campaign The plan developed under subsection (a) shall also include recommendations for the use of the Senior Medicare Patrols authorized under section 411 of the Older Americans Act of 1965 (42 U.S.C. 3032) to conduct a public awareness and education campaign to encourage participation in the revised incentive program under subsection (a). (c) Submission of plan Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress the plan developed under subsection (a). 104. Strengthening Medicaid Program integrity through flexibility Section 1936 of the Social Security Act (42 U.S.C. 1396u–6) is amended— (1) in subsection (a), by inserting , or otherwise, after entities ; and (2) in subsection (e)— (A) in paragraph (1), in the matter preceding subparagraph (A), by inserting (including the costs of equipment, salaries and benefits, and travel and training) after Program under this section ; and (B) in paragraph (3), by striking by 100 and inserting by 100, or such number as determined necessary by the Secretary to carry out the Program, . 105. Establishing Medicare administrative contractor error reduction incentives (a) In general Section 1874A(b)(1)(D) of the Social Security Act ( 42 U.S.C. 1395kk(b)(1)(D) ) is amended— (1) by striking quality .—The Secretary and inserting “ quality .— (i) In general Subject to clauses (ii) and (iii), the Secretary ; and (2) by inserting after clause (i), as added by paragraph (1), the following new clauses: (ii) Improper payment error rate reduction incentives The Secretary shall provide incentives for medicare administrative contractors to reduce the improper payment error rates in their jurisdictions. (iii) Incentives The incentives provided for under clause (ii)— (I) may include a sliding scale of bonus payments and additional incentives to medicare administrative contractors that reduce the improper payment error rates in their jurisdictions to certain benchmark levels, as determined by the Secretary; and (II) shall include substantial reductions in award fee payments under award fee contracts, for any medicare administrative contractor that reaches an upper end error threshold or other threshold as determined by the Secretary. . (b) Effective date (1) In general The amendments made by subsection (a) shall apply to contracts entered into or renewed on or after the date that is 12 months after the date of enactment of this Act. (2) Contracts entered into or renewed prior to effective date In the case of contracts in existence on or after the date of the enactment of this Act and that are not subject to the effective date under paragraph (1), the Secretary of Health and Human Services shall, when appropriate and practicable, seek to apply the incentives provided for in the amendments made by subsection (a) through contract modifications. 106. Strengthening penalties for the illegal distribution of a Medicare, Medicaid, or CHIP beneficiary identification or billing privileges Section 1128B(b) of the Social Security Act (42 U.S.C. 1320a–7b(b)) is amended by adding at the end the following: (4) Whoever knowingly, intentionally, and with the intent to defraud purchases, sells or distributes, or arranges for the purchase, sale, or distribution of a Medicare, Medicaid, or CHIP beneficiary identification number or billing privileges under title XVIII, title XIX, or title XXI shall be imprisoned for not more than 10 years or fined not more than $500,000 ($1,000,000 in the case of a corporation), or both. . II Improving data sharing 201. Access to the National Directory of New Hires Section 453(j) of the Social Security Act (42 U.S.C. 653 (j)) is amended by adding at the end of the following new paragraph: (12) Information comparisons and disclosures to assist in administration of the Medicare program and State health subsidy programs (A) Disclosure to the Administrator of the Centers for Medicare & Medicaid Services The Administrator of the Centers for Medicare & Medicaid shall have access to the information in the National Directory of New Hires for purposes of determining the eligibility of an applicant for, or enrollee in, the Medicare program under title XVIII or an applicable State health subsidy program (as defined in section 1413(e) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18083(e) )). (B) Disclosure to the Inspector General of the Department of Health and Human Services (i) In general If the Inspector General of the Department of Health and Human Services transmits to the Secretary the names and social security account numbers of individuals, the Secretary shall disclose to the Inspector General information on such individuals and their employers maintained in the National Directory of New Hires. (ii) Use of information The Inspector General of the Department of Health and Human Services may use information provided under clause (i) only for purposes of— (I) determining the eligibility of an applicant for, or enrollee in, the Medicare program under title XVIII or an applicable State health subsidy program (as defined in section 1413(e) of the Patient Protection and Affordable Care Act (42 U.S.C. 18083(e))); or (II) evaluating the integrity of the Medicare program or an applicable State health subsidy program (as so defined). (C) Disclosure to State agencies (i) In general If, for purposes of administering an applicable State health subsidy program (as defined in section 1413(e) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18083(e) )), a State agency responsible for administering such program transmits to the Secretary the names and social security account numbers of individuals, the Secretary shall disclose to such State agency information on such individuals and their employers maintained in the National Directory of New Hires, subject to this subparagraph. (ii) Condition on disclosure by the Secretary The Secretary shall make a disclosure under clause (i) only to the extent that the Secretary determines that the disclosure would not interfere with the effective operation of the program under this part. (iii) Use and disclosure of information by State agencies (I) In general A State agency may not use or disclose information provided under clause (i) except for purposes of administering a program referred to in clause (i). (II) Information security The State agency shall have in effect data security and control policies that the Secretary finds adequate to ensure the security of information obtained under clause (i) and to ensure that access to such information is restricted to authorized persons for purposes of authorized uses and disclosures. (III) Penalty for misuse of information An officer or employee of the State agency who fails to comply with this clause shall be subject to the sanctions under subsection (l)(2) to the same extent as if such officer or employee were an officer or employee of the United States. (iv) Procedural requirements State agencies requesting information under clause (i) shall adhere to uniform procedures established by the Secretary governing information requests and data matching under this paragraph. (v) Reimbursement of costs The State agency shall reimburse the Secretary, in accordance with subsection (k)(3), for the costs incurred by the Secretary in furnishing the information requested under this subparagraph. . 202. Improving the sharing of data between the Federal Government and State Medicaid programs (a) In general The Secretary of Health and Human Services (in this section referred to as the Secretary ) shall establish a plan to encourage and facilitate the participation of States in the Medicare-Medicaid Data Match Program (commonly referred to as the Medi-Medi Program ) under section 1893(g) of the Social Security Act (42 U.S.C. 1395ddd(g)). (b) Program revisions To improve Medi-Medi Data Match Program participation by States Section 1893(g)(1)(A) of the Social Security Act (42 U.S.C. 1395ddd(g)(1)(A)) is amended— (1) in the matter preceding clause (i), by inserting or otherwise after eligible entities ; (2) in clause (i)— (A) by inserting to review claims data after algorithms ; and (B) by striking service, time, or patient and inserting provider, service, time, or patient ; (3) in clause (ii)— (A) by inserting to investigate and recover amounts with respect to suspect claims after appropriate actions ; and (B) by striking ; and and inserting a semicolon; (4) in clause (iii), by striking the period and inserting ; and ; and (5) by adding at end the following new clause: (iv) furthering the Secretary’s design, development, installation, or enhancement of an automated data system architecture— (I) to collect, integrate, and assess data for purposes of program integrity, program oversight, and administration, including the Medi-Medi Program; and (II) that improves the coordination of requests for data from States. . (c) Providing states with data on improper payments made for items or services provided to dual eligible individuals (1) In general The Secretary shall develop and implement a plan that allows each State agency responsible for administering a State plan for medical assistance under title XIX of the Social Security Act access to relevant data on improper or fraudulent payments made under the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ) for health care items or services provided to dual eligible individuals. (2) Dual eligible individual defined In this section, the term dual eligible individual means an individual who is entitled to, or enrolled for, benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.), or enrolled for benefits under part B of title XVIII of such Act ( 42 U.S.C. 1395j et seq. ), and is eligible for medical assistance under a State plan under title XIX of such Act ( 42 U.S.C. 1396 et seq. ) or under a waiver of such plan. 203. Improving claims processing and detection of fraud within the Medicaid and CHIP programs (a) Medicaid Section 1903(i) of the Social Security Act ( 42 U.S.C. 1396b(i) ), as amended by section 2001(a)(2)(B) of the Patient Protection and Affordable Care Act (Public Law 111–148), is amended— (1) in paragraph (25), by striking or at the end; (2) in paragraph (26), by striking the period and inserting ; or ; and (3) by adding after paragraph (26), the following new paragraph: (27) with respect to amounts expended for an item or service for which medical assistance is provided under the State plan or under a waiver of such plan unless the claim for payment for such item or service contains a valid beneficiary identification number that, for purposes of the individual who received such item or service, has been determined by the State agency to correspond to an individual who is eligible to receive benefits under the State plan or waiver. . (b) CHIP Section 2107(e)(1)(I) of the Social Security Act ( 42 U.S.C. 1397gg(e)(1)(I) ) is amended by striking and (17) and inserting (17), and (27) . III Report on implementation 301. Report on implementation Not later than 270 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report on the implementation of the provisions of, and the amendments made by, this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2305ih/xml/BILLS-113hr2305ih.xml

113-hr-2306

I 113th CONGRESS 1st Session H. R. 2306 IN THE HOUSE OF REPRESENTATIVES June 10, 2013 Ms. Meng 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 treat infant formula as adulterated if its use-by-date has passed. 1. Short title This Act may be cited as the Infant Formula Protection Act of 2013 . 2. Expired infant formula (a) Adulteration Section 412 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 350a ) is amended— (1) in paragraph (2), by striking or at the end; (2) in paragraph (3), by striking the period at the end and inserting , or ; and (3) by adding at the end the following: (4) such infant formula’s use-by date, as specified in the formula’s labeling in accordance with section 107.20 of title 21, Code of Federal Regulations (or any successor regulations) has passed. . (b) Applicability The amendment made by subsection (a) applies beginning on the date that is 6 months after the date of enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2306ih/xml/BILLS-113hr2306ih.xml

113-hr-2307

I 113th CONGRESS 1st Session H. R. 2307 IN THE HOUSE OF REPRESENTATIVES June 10, 2013 Mr. Vela (for himself and Mr. Conaway ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To require the Secretary of State to submit to Congress reports on water sharing with Mexico. 1. Short title This Act may be cited as the Working to Address Treaty Enforcement Rapidly for Texas Act . 2. Reports on water sharing with Mexico (a) In general The Secretary of State shall submit to Congress a report— (1) not later than 45 days after the date of enactment of this Act, and quarterly thereafter, describing efforts by Mexico to meet the treaty obligations of Mexico to deliver water to the Rio Grande, in accordance with the treaty between the United States and Mexico entitled Utilization of Waters of the Colorado and Tijuana Rivers and of the Rio Grande (done at Washington, February 3, 1944); and (2) not later than 1 year after the date of enactment of this Act, and annually thereafter, describing the benefits to the United States of the document entitled Interim International Cooperative Measures in the Colorado River Basin through 2017 and Extension of Minute 318 Cooperative Measures to Address the Continued Effects of the April 2010 Earthquake in the Mexicali Valley, Baja California (done at Coronado, California, November 20, 2012 (commonly referred to as Minute Number 319 )). (b) Action by Secretary of State Notwithstanding any other provision of law, the Secretary of State shall not extend Minute Number 319 if the Secretary fails to comply with the requirements of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2307ih/xml/BILLS-113hr2307ih.xml

113-hr-2308

I 113th CONGRESS 1st Session H. R. 2308 IN THE HOUSE OF REPRESENTATIVES June 11, 2013 Mrs. Capps 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 direct the Secretary of Education to establish a program to provide grants for cardiopulmonary resuscitation and automated external defibrillator training in public elementary and secondary schools. 1. Short title This Act may be cited as the Teaching Children to Save Lives Act of 2013 . 2. Findings Congress finds the following: (1) Heart disease is the leading cause of death in the United States. (2) Sudden cardiac arrest is the leading cause of death in young athletes. (3) Each year there are nearly 10,000 cases of out-of-hospital cardiac arrest in children nationwide. (4) Receiving proper treatment known as the chain of survival can double or triple the chances of survival of a victim of cardiac arrest. (5) The 5 links in the chain of survival are prompt notification of emergency services, early cardiopulmonary resuscitation (in this Act referred to as CPR ), rapid defibrillation, effective advanced life support, and integrated post-cardiac arrest care. (6) A person experiencing sudden cardiac arrest has a 90-percent chance of survival if CPR and an automated external defibrillator (in this Act referred to as AED ) are used within the first minute after collapse. (7) An important part of the education of school children is learning healthy behaviors, including proper nutrition and physical activity, and that education should also include basic emergency life-saving skills. (8) Teaching school children to recognize and respond to the signs of cardiac arrest, stroke, and choking and to perform the life-saving skill of CPR can improve their confidence in responding to an emergency and encourage continued efforts to update these skills after graduation, thereby potentially reducing the rate of death from sudden cardiac arrest, stroke, and choking. 3. Grants for CPR training in public schools (a) Grants Authorized The Secretary of Education shall carry out a program under which the Secretary is authorized to award grants to eligible local educational agencies or targeted schools for implementing nationally recognized CPR and AED training courses. (b) Use of Funds A local educational agency or targeted school receiving a grant under this section may use the grant for— (1) training individuals in CPR and AED skills and instruction; (2) obtaining printed informational or instructional materials; (3) obtaining manikins; (4) obtaining AED training devices; and (5) obtaining other equipment as determined appropriate by the Secretary. (c) Grant eligibility (1) Application To be eligible to receive a grant under this section, a local educational agency or targeted school shall submit an application to the Secretary at such time, in such manner, and containing such information and certifications as the Secretary may reasonably require. (2) AED Training Devices To be eligible to use the grant to obtain an AED training device, a local agency or targeted school shall demonstrate to the Secretary that such agency or school has implemented or intends to implement an AED training program in conjunction with a CPR training program as of the date of the submission of the application for the grant. (d) Priority of award In awarding grants under this section, the Secretary shall award such grants based on 1 or more of following priorities: (1) Demonstrated need for initiating a CPR or AED training program in a targeted school or community served by targeted schools. (2) Demonstrated need for continued support of an existing CPR or AED training program in targeted schools or communities served by targeted schools. (3) Demonstrated need for expanding an existing CPR or AED training program by adding training in the use of an AED. (4) Opportunities to encourage and foster partnerships with and among community organizations, including emergency medical service providers, fire and police departments, nonprofit organizations, public health organizations, and parent-teacher associations to aid in providing CPR or AED training. (5) Options to maximize the use of funds provided under this section. (e) Report Required Not later than 1 year after the date on which funds are first appropriated to carry out the program, the Secretary shall submit a report to Congress describing— (1) grant amounts and recipients; (2) how the funds were used; and (3) the impact of the funds on the development of CPR and AED training programs in schools implementing the grants. (f) Definitions In this section: (1) Targeted School The term targeted school means a public elementary school or secondary school that provides education to students in any of grades 6 through 12. (2) Local educational agency The term local educational agency has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). 4. Authorization of Appropriations There are authorized to be appropriated to carry out this Act $25,000,000 for each of the fiscal years 2015 through 2020.

https://www.govinfo.gov/content/pkg/BILLS-113hr2308ih/xml/BILLS-113hr2308ih.xml

113-hr-2309

I 113th CONGRESS 1st Session H. R. 2309 IN THE HOUSE OF REPRESENTATIVES June 11, 2013 Ms. Lofgren (for herself, Mr. Franks of Arizona , Mr. Alexander , Mr. Amodei , Mrs. Bachmann , Mr. Barletta , Mr. Barton , Ms. Bass , Mr. Bishop of Georgia , Mr. Bishop of New York , Mrs. Blackburn , Mr. Boustany , Mr. Brady of Pennsylvania , Mr. Brady of Texas , Mr. Broun of Georgia , Ms. Brown of Florida , Mr. Bucshon , Mr. Butterfield , Mr. Calvert , Mrs. Capps , Mr. Cárdenas , Mr. Carson of Indiana , Mr. Carter , Mr. Chabot , Mr. Chaffetz , Mrs. Christensen , Mr. Coble , Mr. Coffman , Mr. Cohen , Mr. Collins of Georgia , Mr. Conaway , Mr. Costa , Mr. Cotton , Mr. Crawford , Mr. Crenshaw , Mr. Culberson , Mr. Cuellar , Mr. Dent , Mr. Doyle , Ms. Eshoo , Mr. Enyart , Mr. Farenthold , Mr. Fleming , Mr. Flores , Mr. Forbes , Mr. Gardner , Mr. Garrett , Mr. Gerlach , Mr. Gingrey of Georgia , Mr. Gosar , Mr. Grayson , Mr. Gene Green of Texas , Mr. Griffin of Arkansas , Mr. Grijalva , Mr. Grimm , Mr. Gutierrez , Mr. Hall , Mr. Hanna , Mr. Harper , Mr. Hastings of Florida , Mr. Hastings of Washington , Mr. Heck of Nevada , Mr. Holding , Mr. Holt , Mr. Honda , Mr. Huizenga of Michigan , Mr. Hultgren , Mr. Israel , Mr. Issa , Ms. Jackson Lee , Ms. Jenkins , Mr. Johnson of Ohio , Ms. Eddie Bernice Johnson of Texas , Mr. Jones , Mr. Jordan , Mr. Kelly of Pennsylvania , Mr. King of New York , Mr. Kinzinger of Illinois , Mr. Kline , Mr. Labrador , Mr. Clay , Mr. Lance , Mr. Latta , Mr. Long , Mrs. Carolyn B. Maloney of New York , Mr. Marino , Mr. Matheson , Ms. Matsui , Mrs. McCarthy of New York , Ms. McCollum , Mrs. McMorris Rodgers , Mr. McNerney , Mr. Meehan , Mr. Meeks , Mr. Nugent , Mr. Olson , Mr. Owens , Mr. Pallone , Mr. Pearce , Mr. Pitts , Mr. Poe of Texas , Mr. Polis , Mr. Radel , Mr. Reed , Mr. Reichert , Mr. Rogers of Michigan , Mr. Rokita , Ms. Ros-Lehtinen , Mr. Ross , Ms. Roybal-Allard , Mr. Royce , Mr. Ruiz , Mr. Runyan , Mr. Ryan of Ohio , Mr. Salmon , Ms. Loretta Sanchez of California , Mr. Scalise , Mr. Schrader , Mr. Sensenbrenner , Mr. Sessions , Ms. Sewell of Alabama , Mr. Shimkus , Mr. Simpson , Ms. Sinema , Mr. Smith of Nebraska , Mr. Smith of Texas , Mr. Stivers , Mr. Stockman , Mr. Swalwell of California , Mr. Takano , Mr. Thompson of Mississippi , Mr. Thornberry , Mr. Tiberi , Mr. Tonko , Mr. Vargas , Mr. Veasey , Mr. Walberg , Mr. Weber of Texas , Mr. Webster of Florida , Mr. Westmoreland , Mr. Wittman , Mr. Whitfield , Ms. Wilson of Florida , Mr. Wilson of South Carolina , Mr. Yoder , Mr. Massie , Mr. Graves of Missouri , Ms. Clarke , Mr. DeSantis , and Mr. Cole ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To restrict any State or local jurisdiction from imposing a new discriminatory tax on cell phone services, providers, or property. 1. Short title This Act may be cited as the Wireless Tax Fairness Act of 2013 . 2. Findings Congress finds the following: (1) It is appropriate to exercise congressional enforcement authority under section 5 of the 14th Amendment to the Constitution of the United States and Congress’ plenary power under article I, section 8, clause 3 of the Constitution of the United States (commonly known as the commerce clause ) in order to ensure that States and political subdivisions thereof do not discriminate against providers and consumers of mobile services by imposing new selective and excessive taxes and other burdens on such providers and consumers. (2) In light of the history and pattern of discriminatory taxation faced by providers and consumers of mobile services, the prohibitions against and remedies to correct discriminatory State and local taxation in section 306 of the Railroad Revitalization and Regulatory Reform Act of 1976 ( 49 U.S.C. 11501 ) provide an appropriate analogy for congressional action, and similar Federal legislative measures are warranted that will prohibit imposing new discriminatory taxes on providers and consumers of mobile services and that will assure an effective, uniform remedy. 3. Moratorium (a) In general No State or local jurisdiction shall impose a new discriminatory tax on or with respect to mobile services, mobile service providers, or mobile service property, during the 5-year period beginning on the date of enactment of this Act. (b) Definitions In this Act: (1) Mobile service The term mobile service means commercial mobile radio service, as such term is defined in section 20.3 of title 47, Code of Federal Regulations, as in effect on the date of enactment of this Act, or any other service that is primarily intended for receipt on, transmission from, or use with a mobile telephone or other mobile device, including but not limited to the receipt of a digital good. (2) Mobile service property The term mobile service property means all property used by a mobile service provider in connection with its business of providing mobile services, whether real, personal, tangible, or intangible (including goodwill, licenses, customer lists, and other similar intangible property associated with such business). (3) Mobile service provider The term mobile service provider means any entity that sells or provides mobile services, but only to the extent that such entity sells or provides mobile services. (4) New discriminatory tax The term new discriminatory tax means a tax imposed by a State or local jurisdiction that is imposed on or with respect to, or is measured by, the charges, receipts, or revenues from or value of— (A) a mobile service and is not generally imposed, or is generally imposed at a lower rate, on or with respect to, or measured by, the charges, receipts, or revenues from other services or transactions involving tangible personal property; (B) a mobile service provider and is not generally imposed, or is generally imposed at a lower rate, on other persons that are engaged in businesses other than the provision of mobile services; or (C) a mobile service property and is not generally imposed, or is generally imposed at a lower rate, on or with respect to, or measured by the value of, other property that is devoted to a commercial or industrial use and subject to a property tax levy, except public utility property owned by a public utility subject to rate of return regulation by a State or Federal regulatory authority; unless such tax was imposed and actually enforced on mobile services, mobile service providers, or mobile service property prior to the date of enactment of this Act. (5) State or local jurisdiction The term State or local jurisdiction means any of the several States, the District of Columbia, any territory or possession of the United States, a political subdivision of any State, territory, or possession, or any governmental entity or person acting on behalf of such State, territory, possession, or subdivision that has the authority to assess, impose, levy, or collect taxes or fees. (6) Tax (A) In general The term tax means a charge imposed by a governmental entity for the purpose of generating revenues for governmental purposes, and excludes a fee imposed on a particular entity or class of entities for a specific privilege, service, or benefit conferred exclusively on such entity or class of entities. (B) Exclusion The term tax does not include any fee or charge— (i) used to preserve and advance Federal universal service or similar State programs authorized by section 254 of the Communications Act of 1934 (47 U.S.C. 254); (ii) specifically dedicated by a State or local jurisdiction for the support of E–911 communications systems; or (iii) used to preserve and advance Federal telecommunications relay services or State programs implementing this Federal mandate pursuant to title IV of the Americans with Disabilities Act of 1990 ( Public Law 101–336 ; 104 Stat. 327) and codified in section 225 of the Communications Act of 1934 ( 47 U.S.C. 225 ). (c) Rules of construction (1) Determination For purposes of subsection (b)(4), all taxes, tax rates, exemptions, deductions, credits, incentives, exclusions, and other similar factors shall be taken into account in determining whether a tax is a new discriminatory tax. (2) Application of principles Except as otherwise provided in this Act, in determining whether a tax on mobile service property is a new discriminatory tax for purposes of subsection (b)(4)(C), principles similar to those set forth in section 306 of the Railroad Revitalization and Regulatory Reform Act of 1976 ( 49 U.S.C. 11501 ) shall apply. (3) Exclusions Notwithstanding any other provision of this Act— (A) the term generally imposed as used in subsection (b)(4) shall not apply to any tax imposed only on— (i) specific services; (ii) specific industries or business segments; or (iii) specific types of property; and (B) the term new discriminatory tax shall not include a new tax or the modification of an existing tax that either— (i) (I) replaces one or more taxes that had been imposed on mobile services, mobile service providers, or mobile service property; and (II) is designed so that, based on information available at the time of the enactment of such new tax or such modification, the amount of tax revenues generated thereby with respect to such mobile services, mobile service providers, or mobile service property is reasonably expected to not exceed the amount of tax revenues that would have been generated by the respective replaced tax or taxes with respect to such mobile services, mobile service providers, or mobile service property; or (ii) is a local jurisdiction tax that may not be imposed without voter approval, provides for at least 90 days’ prior notice to mobile service providers, and is required by law to be collected from mobile service customers. 4. Enforcement Notwithstanding any provision of section 1341 of title 28, United States Code, or the constitution or laws of any State, the district courts of the United States shall have jurisdiction, without regard to amount in controversy or citizenship of the parties, to grant such mandatory or prohibitive injunctive relief, interim equitable relief, and declaratory judgments as may be necessary to prevent, restrain, or terminate any acts in violation of this Act. (1) Jurisdiction Such jurisdiction shall not be exclusive of the jurisdiction which any Federal or State court may have in the absence of this section. (2) Burden of proof The burden of proof in any proceeding brought under this Act shall be upon the party seeking relief and shall be by a preponderance of the evidence on all issues of fact. (3) Relief In granting relief against a tax which is discriminatory or excessive under this Act with respect to tax rate or amount only, the court shall prevent, restrain, or terminate the imposition, levy, or collection of not more than the discriminatory or excessive portion of the tax as determined by the court. 5. GAO study (a) Study The Comptroller General of the United States shall conduct a study, throughout the 5-year period beginning on the date of the enactment of this Act, to determine— (1) how, and the extent to which, taxes imposed by local and State jurisdictions on mobile services, mobile service providers, or mobile property, impact the costs consumers pay for mobile services; and (2) the extent to which the moratorium on discriminatory mobile services taxes established in this Act has any impact on the costs consumers pay for mobile services. (b) Report Not later than 6 years after the date of the enactment of this Act, the Comptroller General shall submit, to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate, a report containing the results of the study required under subsection (a) and shall include in such report recommendations for any changes to laws and regulations relating to such results.

https://www.govinfo.gov/content/pkg/BILLS-113hr2309ih/xml/BILLS-113hr2309ih.xml

113-hr-2310

I 113th CONGRESS 1st Session H. R. 2310 IN THE HOUSE OF REPRESENTATIVES June 11, 2013 Mr. Hanna introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to make available for purchase Department of Veterans Affairs memorial headstones and markers for members of reserve components who performed certain training. 1. Short title This Act may be cited as the Guard Units And Reservists Deserve Remembrance Act . 2. Availability for purchase of Department of Veterans Affairs memorial headstones and markers for members of reserve components who performed certain training Section 2306 of title 38, United States Code, is amended by adding at the end the following new subsection: (i) (1) The Secretary shall make available for purchase a memorial headstone or marker for the marked or unmarked grave of an individual described in paragraph (2) or for the purpose of commemorating such an individual whose remains are unavailable. (2) An individual described in this paragraph is an individual who— (A) as a member of a United States National Guard or Reserve component performed inactive duty training or active duty for training for at least 6 years but did not serve on active duty; and (B) is not otherwise ineligible for a memorial headstone or marker on account of the nature of the individual’s separation from the Armed Forces or other cause. (3) A headstone or marker for the grave of an individual may be purchased under this subsection by— (A) the individual; (B) the surviving spouse, child, sibling, or parent of the individual; or (C) an individual other than the next of kin, as determined by the Secretary of Veterans Affairs. (4) In establishing the prices of the headstones and markers made available for purchase under this section, the Secretary shall ensure the prices are sufficient to cover the costs associated with the production and delivery of such headstones and markers. (5) No person may receive any benefit under the laws administered by the Secretary of Veterans Affairs solely by reason of this subsection. (6) This subsection does not authorize any new burial benefit for any person or create any new authority for any individual to be buried in a national cemetery. (7) The Secretary shall coordinate with the Secretary of Defense in establishing procedures to determine whether an individual is an individual described in paragraph (2). .

https://www.govinfo.gov/content/pkg/BILLS-113hr2310ih/xml/BILLS-113hr2310ih.xml

113-hr-2311

I 113th CONGRESS 1st Session H. R. 2311 IN THE HOUSE OF REPRESENTATIVES June 11, 2013 Mr. Grayson introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To protect employees from retaliation in the workplace based on actions taken to protest or try to improve working conditions. 1. Short title This Act may be cited as the Worker Anti-Retaliation Act . 2. Definitions In this Act— (1) the term employer means any entity that— (A) employs employees; and (B) whose annual gross revenue when added to the annual gross revenue of its parent corporation and all of its affiliated corporations exceeds $5,000,000 (exclusive of excise taxes at the retail level that are separately stated); (2) the term employee means the common-law employees of an employer; (3) the term parent corporation means any corporation that owns or controls at least 51 percent of the voting shares or other equity in the employer or an affiliated corporation; and (4) the term affiliated corporation means any corporation that shares a common parent corporation with an employer. 3. Prohibition on retaliation against employees No employer, or any of its agents, may discharge or cause to be discharged or in any other manner discriminate against or take or threaten any adverse action, including changes in working assignments or conditions, any employee because the employee— (1) disseminated any message on the employer's property or elsewhere, including through images, handbilling, picketing, work stoppages, or gathering in groups to protest conflicts with employers or to help persuade employers to change working conditions, provided the employees do not have a representative for the purpose of collective bargaining and the employee's actions— (A) were not taken during work time, except during a lawful work stoppage; (B) were peaceful; and (C) did not destroy or damage property of the employer or block entrances or exits of the employer or otherwise impede the operations of the employer or the work of other employees; or (2) planned any of the actions described in paragraph (1), or assisted, encouraged, or supported another employee in engaging in any such actions. 4. Presumption of unlawful acts Any adverse action described in section 3, levied against an employee engaging in lawful actions within 90 days of the date of the employee's activity, shall be presumed unlawful and may only be rebutted by clear and convincing evidence proving adverse actions were taken for lawful reasons. 5. Private right of action (a) In General Any employee who believes that he or she has been discharged, disciplined, or otherwise discriminated against by an employer or any of its agents, whether the agent was operating within the scope of employment or without, in violation of section 3 (or any class of such employees) may bring an action in a court of competent jurisdiction against either the employer or the offending agent, in an individual capacity, for any of the following: (1) to enjoin such violation; (2) to recover any pay, backpay, damages, or other amounts as settlement, plus an amount equal to three times the amount of such backpay and damages and reasonable attorneys' fees and expenses; or (3) to recover civil penalties of $1,000 per violation, per affected employee, per day. (b) Limitation An action brought under subsection (a) may not be brought later than 3 years after the affected employee knows or should have known of the violation. 6. Restriction on employer of an employee found to be in violation of this Act No employer may provide for an employee's defense, backpay, damages, or settlement if that employee is found to be in violation of section 3 of this Act. 7. Rule of construction This Act shall be liberally construed to effectuate its purposes. If any court finds any provision or application of this Act to be invalid or inoperative, in whole or in part, the remaining provisions of this Act shall remain in effect. 8. Effective date This Act shall take effect 30 days after the date of enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2311ih/xml/BILLS-113hr2311ih.xml

113-hr-2312

I 113th CONGRESS 1st Session H. R. 2312 IN THE HOUSE OF REPRESENTATIVES June 11, 2013 Mr. Barr (for himself, Mr. Guthrie , Mr. Rogers of Kentucky , Mr. Whitfield , Mr. Yarmuth , and Mr. Massie ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To exempt the natural aging process in the determination of the production period for distilled spirits under section 263A of the Internal Revenue Code of 1986. 1. Short title This Act may be cited as the Aged Distilled Spirits Competitiveness Act . 2. Exemption of natural aging process in determination of production period for distilled spirits under section 263A (a) In general Section 263A(f) of the Internal Revenue Code of 1986 (relating to general exceptions) is amended by adding at the end the following new paragraph: (5) Exemption of natural aging process in determination of production period for distilled spirits For purposes of this subsection, the production period for distilled spirits shall be determined without regard to any period allocated to the natural aging process. . (b) Effective date The amendment made by this section shall apply to production periods beginning after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2312ih/xml/BILLS-113hr2312ih.xml

113-hr-2313

I 113th CONGRESS 1st Session H. R. 2313 IN THE HOUSE OF REPRESENTATIVES June 11, 2013 Mr. Boustany (for himself, Mr. Becerra , Ms. Norton , and Mr. Bishop of New York ) 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 issue regulations covering the practice of enrolled agents before the Internal Revenue Service. 1. Enrolled agents (a) In general Chapter 77 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 7529. Enrolled agents (a) In general The Secretary may prescribe such regulations as may be necessary to regulate the conduct of enrolled agents in regards to their practice before the Internal Revenue Service. (b) Use of credentials Any enrolled agents properly licensed to practice as required under rules promulgated under subsection (a) shall be allowed to use the credentials or designation as enrolled agent , EA , or E.A. . . (b) Clerical amendment The table of sections for chapter 77 of such Code is amended by adding at the end the following new item: Sec. 7529. Enrolled agents. . (c) Prior regulations Nothing in the amendments made by this section shall be construed to have any effect on part 10 of title 31, Code of Federal Regulations, or any other related Federal rule or regulation issued before the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2313ih/xml/BILLS-113hr2313ih.xml

113-hr-2314

I 113th CONGRESS 1st Session H. R. 2314 IN THE HOUSE OF REPRESENTATIVES June 11, 2013 Mr. Fortenberry introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To direct the Secretary of Defense to establish a strategy to prevent the proliferation of weapons of mass destruction and related materials in the Middle East and North Africa region, and for other purposes. 1. Short title This Act may be cited as the Cooperative Threat Reduction Modernization Act . 2. Strategy to modernize cooperative threat reduction and prevent the proliferation of weapons of mass destruction and related materials in the Middle East and North Africa region (a) Strategy required The Secretary of Defense, in consultation with the Secretary of State and the Secretary of Energy, shall establish a comprehensive strategy to modernize cooperative threat reduction and advance cooperative efforts with international partners to reduce the threat from the proliferation of weapons of mass destruction and related materials in the Middle East and North Africa region. (b) Elements The strategy required by subsection (a) shall— (1) build upon the current activities of the Departments of Defense, State, and Energy’s nonproliferation programs that aim to mitigate the range of threats in the Middle East and North Africa region posed by weapons of mass destruction; (2) review issues relating to the threat from the proliferation of weapons of mass destruction and related materials in the Middle East and North Africa region on a regional basis as well as on a country-by-country basis; (3) review the activities and achievements in the Middle East and North Africa region of the Department of Defense Cooperative Threat Reduction Program and the nonproliferation programs at the Department of State and Department of Energy and other United States Government agencies and departments designed to address nuclear, radiological, chemical, and biological safety and security issues; (4) ensure the continued coordination of cooperative nonproliferation efforts within the United States Government and further mobilize and leverage additional resources from partner nations, nongovernmental and multilateral organizations, and international institutions; (5) include an assessment of what countries are financially, materially, or technologically supporting proliferation in this region and how the strategy will prevent, stop or interdict the support; (6) include an estimate of associated costs required to plan and execute the proposed cooperative threat reduction activities in order to execute the comprehensive strategy to prevent the proliferation of weapons of mass destruction and related materials; and (7) include a discussion of the metrics to measure the strategy’s and activities’ success in reducing the regional threat of the proliferation of weapons of mass destruction. (c) Integration and coordination The strategy required by subsection (a) shall include an assessment of gaps in current cooperative nonproliferation efforts, an articulation of agencies’ threat reduction priorities in the Middle East and North Africa region, the establishment of appropriate metrics for determining success in the region, and steps to ensure that the strategy fits in broader United States efforts to reduce the threat from weapons of mass destruction. (d) Consultation In establishing the strategy required by subsection (a), the Secretary of Defense may consult with both governmental and nongovernmental experts from a diverse set of views. (e) Strategy and implementation plan Not later than March 31, 2014, the Secretary of Defense shall submit to the specified congressional committees the cooperative threat reduction modernization strategy required by subsection (a), as well as a plan for the implementation of the strategy required by subsection (a). (f) Form The strategy required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. (g) Specified congressional committees In this section, the term specific congressional committees means— (1) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives; and (2) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate.

https://www.govinfo.gov/content/pkg/BILLS-113hr2314ih/xml/BILLS-113hr2314ih.xml

113-hr-2315

I 113th CONGRESS 1st Session H. R. 2315 IN THE HOUSE OF REPRESENTATIVES June 11, 2013 Mr. Gerlach (for himself and Mr. Neal ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To clarify the orphan drug exception to the annual fee on branded prescription pharmaceutical manufacturers and importers. 1. Short title This Act may be cited as the Preserving Access to Orphan Drugs Act of 2013 . 2. Clarification of orphan drug exception to annual fee on branded prescription pharmaceutical manufacturers and importers (a) In general Paragraph (3) of section 9008(e) of the Patient Protection and Affordable Care Act (Public Law 111–148) is amended to read as follows: (3) Exclusion of orphan drug sales (A) In general The term branded prescription drug sales shall not include sales of any drug or biological product— (i) with respect to which a credit was allowed for any taxable year under section 45C of the Internal Revenue Code of 1986; or (ii) which is approved or licensed by the Food and Drug Administration for marketing solely for one or more rare diseases or conditions. (B) Limitation Subparagraph (A) shall not apply with respect to any drug or biological product after the date on which the drug or biological product is approved or licensed by the Food and Drug Administration for marketing for any indication other than the treatment of a rare disease or condition. (C) Rare disease or condition In this paragraph, the term rare disease or condition has the meaning given such term under section 45C(d)(1) of the Internal Revenue Code of 1986, except that in the case of any drug or biological product that has not been designated under section 526 of the Federal Food, Drug, and Cosmetic Act for a particular indication, determinations under such section 45C(d)(1) shall be made on the basis of the facts and circumstances as of the date such drug or biological product is approved or licensed by the Food and Drug Administration for marketing for the treatment of such disease or condition. . (b) Effective date The amendment made by this section shall take effect as if included in section 9008 of the Patient Protection and Affordable Care Act ( Public Law 111–148 ).

https://www.govinfo.gov/content/pkg/BILLS-113hr2315ih/xml/BILLS-113hr2315ih.xml

113-hr-2316

I 113th CONGRESS 1st Session H. R. 2316 IN THE HOUSE OF REPRESENTATIVES June 11, 2013 Mr. Grijalva (for himself, Mr. Rangel , Mr. Price of North Carolina , Mr. Cicilline , Mr. Payne , Ms. McCollum , Mr. Langevin , Mr. Connolly , Mr. Polis , and Mr. Danny K. Davis of Illinois ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To provide grants to States to ensure that all students in the middle grades are taught an academically rigorous curriculum with effective supports so that students complete the middle grades prepared for success in secondary school and postsecondary endeavors, to improve State and district policies and programs relating to the academic achievement of students in the middle grades, to develop and implement effective middle grades models for struggling students, and for other purposes. 1. Short title This Act may be cited as the Success in the Middle Act of 2013 . 2. Findings Congress finds the following: (1) International comparisons indicate that students in the United States do not start out behind students of other nations in mathematics and science, but that they fall behind by the end of the middle grades. (2) Just over one-third of 8th grade students in the United States, and only 3 percent of such students who are English language learners, can read with proficiency, according to the 2011 National Assessment on Educational Progress (NAEP). (3) In mathematics, just over one-third of students in 8th grade show skills at the NAEP proficient level. The percentage of 8th grade students scoring above the basic level was 10 points higher in 2011 than in 2000, but for 4th grade students, the percentage increased 18 points, almost double the increase for middle grades students. In 8th grade, the gaps between the average mathematics scores of White and Black students and between White and Hispanic students were approximately as wide in 2011 as in 1990. (4) Only 13 percent of 8th graders met all of the college readiness benchmarks on ACT’s EXPLORE assessment, a measure which ACT found displays a stronger relationship with college and career readiness than any other academic factor throughout secondary school. (5) Lack of basic skills at the end of middle grades has serious implications for students. Students who enter secondary school 2 or more years behind grade level in mathematics and literacy have only a 50 percent chance of progressing on time to the 10th grade; those not progressing are at significant risk of dropping out of secondary school. (6) Middle grades students are hopeful about their future, with 93 percent believing that they will complete secondary school and 86 percent anticipating that they will attend an institution of higher education. (7) Sixth grade students who do not attend school regularly, who are subjected to frequent disciplinary actions, or who fail mathematics or English have less than a 15 percent chance of graduating secondary school on time and a 20 percent chance of graduating 1 year late. Without effective interventions and proper supports, these students are at risk of subsequent failure in secondary school, or of dropping out. (8) Student transitions from elementary school to the middle grades and to secondary school are often complicated by poor curriculum alignment, inadequate counseling services, and unsatisfactory sharing of student performance and academic achievement data between grades. (9) Middle grades improvement strategies should be tailored based on a variety of performance indicators and data, so that educators can create and implement successful school improvement strategies to address the needs of the middle grades, and so that teachers can provide effective instruction and adequate assistance to meet the needs of at-risk students. (10) To stem a dropout rate nearly twice that of students without disabilities, students with disabilities in the critical middle grades must receive appropriate academic accommodations and access to assistive technology, high-risk behaviors such as absenteeism and course failure must be monitored, and problem-solving skills with broad application must be taught. (11) Local educational agencies and State educational agencies often do not have the capacity to provide support for school improvement strategies. Successful models do exist for turning around low-performing middle grades, and Federal support should be provided to increase the capacity to apply promising practices based on evidence from successful schools. 3. Definitions In this Act: (1) ESEA definitions The terms elementary school , local educational agency , secondary school , 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) Chronic absenteeism The term chronic absenteeism means a student misses— (A) 10 percent of the school days per school year; or (B) not less than 20 school days per school year. (3) Digital Literacy Skills The term digital literacy skills has the meaning given the term in section 202 of the Museum and Library Services Act ( 20 U.S.C. 9101 ). (4) Eligible entity The term eligible entity means a partnership that includes— (A) not less than 1 eligible local educational agency; and (B) (i) an institution of higher education; (ii) an educational service agency (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )); or (iii) a nonprofit organization with demonstrated expertise in high-quality middle grades intervention. (5) Eligible local educational agency The term eligible local educational agency means a local educational agency that serves not less than 1 eligible school. (6) Eligible school The term eligible school means an elementary or secondary school that contains not less than 2 or more successive grades beginning with grade 5 and ending with grade 8 and for which— (A) a high proportion of the middle grades students attending such school go on to attend a secondary school with a graduation rate of less than 65 percent; (B) more than 25 percent of the students who finish grade 6 at such school, or the earliest middle grade level at the school, exhibit 1 or more of the key risk factors and early risk identification signs, including— (i) student attendance below 90 percent; (ii) a failing grade in a mathematics or reading or language arts course; (iii) 2 failing grades in any courses; and (iv) out-of-school suspension or other evidence of at-risk behavior; or (C) more than 50 percent of the middle grades students attending such school do not perform at a proficient level on State student academic assessments required under section 1111(b)(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)) in mathematics or reading or language arts. (7) Institution of higher education The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (8) Middle grades The term middle grades means any of grades 5 through 8. (9) Principles of scientific research The term principles of scientific research has the meaning given the term in section 200 of the Higher Education Act of 1965 ( 20 U.S.C. 1021 ). (10) Scientifically valid research The term scientifically valid research has the meaning given the term in section 200 of the Higher Education Act of 1965 ( 20 U.S.C. 1021 ). (11) Secretary The term Secretary means the Secretary of Education. (12) State The term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. (13) Student with a disability The term student with a disability means a student who is a child with a disability, as defined in section 602 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401 ). I Middle grades improvement 101. Purposes The purposes of this title are to— (1) improve middle grades student academic achievement and prepare students for rigorous secondary school coursework so that such students will graduate from secondary school college and career ready; (2) ensure that curricula and student supports for middle grades education align with the curricula and student supports provided for elementary and secondary school grades; (3) provide resources to State educational agencies and local educational agencies to collaboratively develop school improvement plans in order to deliver support and technical assistance to schools serving students in the middle grades; and (4) increase the capacity of States and local educational agencies to develop effective, sustainable, and replicable school improvement programs and models and evidence-based or, when available, scientifically valid student interventions for implementation by schools serving students in the middle grades. 102. Formula grants to State educational agencies for middle grades improvement (a) In general From amounts appropriated under section 107, the Secretary shall make grants under this title for a fiscal year to each State educational agency for which the Secretary has approved an application under subsection (f) in an amount equal to the allotment determined for such agency under subsection (c) for such fiscal year. (b) Reservations From the total amount made available to carry out this title for a fiscal year, the Secretary— (1) shall reserve not more than 1 percent for the Secretary of the Interior (on behalf of the Bureau of Indian Affairs) and the outlying areas for activities carried out in accordance with this section; (2) shall reserve 1 percent to evaluate the effectiveness of this title in achieving the purposes of this title and ensuring that results are peer-reviewed and widely disseminated, which may include hiring an outside evaluator; and (3) shall reserve 5 percent for technical assistance and dissemination of best practices in middle grades education to States and local educational agencies. (c) Amount of State allotments (1) In general Except as provided in paragraph (2), of the total amount made available to carry out this title for a fiscal year and not reserved under subsection (b), the Secretary shall allot such amount among the States in proportion to the number of children, aged 5 to 17, who reside within the State and are from families with incomes below the poverty line for the most recent fiscal year for which satisfactory data are available, compared to the number of such individuals who reside in all such States for that fiscal year, determined in accordance with section 1124(c)(1)(A) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6333(c)(1)(A) ). (2) Minimum allotments No State educational agency shall receive an allotment under this subsection for a fiscal year that is less than 1/2 of 1 percent of the amount made available to carry out this title for such fiscal year. (d) Special rule For any fiscal year for which the funds appropriated to carry out this title are less than $500,000,000, the Secretary is authorized to award grants to State educational agencies, on a competitive basis, rather than as allotments described in this section, to enable such agencies to award subgrants under section 104 on a competitive basis. (e) Reallotment (1) Failure to apply; application not approved If any State educational agency does not apply for an allotment under this title for a fiscal year, or if the application from the State educational agency is not approved, the Secretary shall reallot the amount of the State's allotment to the remaining States in accordance with this section. (2) Unused funds The Secretary may reallot any amount of an allotment to a State if the Secretary determines that the State will be unable to use such amount within 2 years of such allotment. Such reallotments shall be made on the same basis as allotments are made under subsection (c). (f) Application In order to receive a grant under this title, a State educational agency shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require, including a State middle grades improvement plan described in section 103(a)(4). (g) Peer review and selection The Secretary— (1) shall establish a peer-review process to assist in the review and approval of proposed State applications; (2) shall appoint individuals to participate in the peer-review process who are educators and experts in identifying, evaluating, and implementing effective education programs and practices (including in the areas of teaching and learning, educational standards and assessments, school improvement, rates of suspension and expulsion, and academic and behavioral supports for middle grades students, and in addressing the needs of students with disabilities and English language learners in the middle grades), which individuals may include recognized exemplary middle grades teachers and middle grades principals who have been recognized at the State or national level for exemplary work or contributions to the field; (3) shall ensure that States are given the opportunity to receive timely feedback, and to interact with peer-review panels, in person or via electronic communication, on issues that need clarification during the peer-review process; (4) shall approve a State application submitted under this title not later than 120 days after the date of submission of the application unless the Secretary determines that the application does not meet the requirements of this title; (5) may not decline to approve a State's application before— (A) offering the State an opportunity to revise the State's application; (B) providing the State with technical assistance in order to submit a successful application; and (C) providing a hearing to the State; and (6) shall direct the Inspector General of the Department of Education to— (A) review final determinations reached by the Secretary to approve or deny State applications; (B) analyze the consistency of the process used by peer-review panels in reviewing and recommending to the Secretary approval or denial of such State applications; and (C) report the findings of this review and analysis to Congress. 103. State plan; authorized activities (a) Mandatory activities (1) In general A State educational agency that receives a grant under this title shall use the grant funds— (A) to prepare and implement the needs analysis and middle grades improvement plan, as described in paragraphs (3) and (4), of such agency; (B) to make subgrants to eligible local educational agencies or eligible entities under section 104; and (C) to assist eligible local educational agencies and eligible entities, when determined necessary by the State educational agency or at the request of an eligible local educational agency or eligible entity, in designing a comprehensive schoolwide improvement plan and carrying out the activities under section 104. (2) Funds for subgrants A State educational agency that receives a grant under this title shall use not less than 80 percent of the grant funds to make subgrants to eligible local educational agencies or eligible entities under section 104. (3) Middle grades needs analysis (A) In general A State educational agency that receives a grant under this title shall enter into a contract, or similar formal agreement, to work with entities such as national and regional comprehensive centers (as described in section 203 of the Educational Technical Assistance Act of 2002 (20 U.S.C. 9602)), institutions of higher education, or nonprofit organizations with demonstrated expertise in high-quality middle grades reform, to prepare a plan that analyzes how to strengthen the programs, practices, and policies of the State in supporting students in the middle grades, including the factors, such as local implementation, that influence variation in the effectiveness of such programs, practices, and policies. (B) Preparation of plan In preparing the plan under subparagraph (A), the State educational agency shall examine policies and practices of the State, and of local educational agencies within the State, affecting— (i) middle grades curriculum instruction and assessment; (ii) education accountability and data systems; (iii) teacher quality and equitable distribution; (iv) interventions that support learning in school; (v) family and community engagement in education; and (vi) student and academic support services, such as effective school library programs and school counseling on the transition to secondary school and planning for entry into postsecondary education and the workforce. (4) Middle grades improvement plan (A) In general A State educational agency that receives a grant under this title shall develop a middle grades improvement plan that— (i) shall be a statewide plan to improve student academic achievement in the middle grades, based on the needs analysis described in paragraph (3); and (ii) describes what students are required to know and do to successfully— (I) complete the middle grades; and (II) make the transition to succeed in academically rigorous secondary school coursework and graduate from secondary school college and career ready. (B) Plan components A middle grades improvement plan described in subparagraph (A) shall also describe how the State educational agency will do each of the following: (i) (I) Ensure that the curricula and assessments for middle grades education are aligned with secondary school curricula and assessments and prepare students to take challenging secondary school courses and successfully engage in postsecondary education. (II) Ensure coordination, where applicable, with the activities carried out through grants for P–16 education alignment under section 6201(c)(1) of the America COMPETES Act ( 20 U.S.C. 9871 ). (III) Ensure that the transition from elementary school to the middle grades is supported through programs that promote successful social, emotional, and cognitive development. (ii) Ensure that professional development is provided to school leaders, teachers, and other school personnel in— (I) addressing the needs of diverse learners, including students with disabilities and English language learners; (II) using challenging and relevant research-based best practices and curricula; and (III) using data to inform instruction. (iii) Identify and disseminate information on effective schools and instructional strategies for middle grades students based on high-quality research. (iv) Include specific provisions for students most at risk of not graduating from secondary school, including English language learners and students with disabilities. (v) Provide technical assistance to eligible entities to develop and implement their early warning indicator and intervention systems, as described in section 104(d)(2)(D). (vi) Define a set of comprehensive school performance indicators that shall be used, in addition to the indicators used to determine adequate yearly progress, as defined in section 1111(b)(2)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)), to evaluate school performance, and guide the school improvement process, such as— (I) student attendance and absenteeism; (II) earned on-time promotion rates from grade to grade; (III) percentage of students failing a mathematics, reading or language arts, or science course, or failing 2 or more of any courses; (IV) teacher quality and attendance measures; (V) in-school and out-of-school suspension or other measurable evidence of at-risk behavior; and (VI) additional indicators proposed by the State educational agency, and approved by the Secretary pursuant to the peer-review process described in section 102(g). (vii) Ensure that such plan is coordinated with State activities to turn around other schools in need of improvement, including State activities to improve secondary schools and elementary schools. (viii) Ensure that such plan includes specific provisions to improve family and community engagement in education in the middle grades. (b) Permissible activities A State educational agency that receives a grant under this title may use the grant funds to— (1) develop and encourage collaborations among researchers at institutions of higher education, State educational agencies, educational service agencies (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )), local educational agencies, and nonprofit organizations with demonstrated expertise in high-quality middle grades interventions, to expand the use of effective practices in the middle grades and to improve middle grades education; (2) support local educational agencies in implementing effective middle grades practices, models, and programs that— (A) are evidence-based or, when available, scientifically valid; and (B) lead to improved student academic achievement; (3) support collaborative communities of middle grades teachers, administrators, school librarians, and researchers in creating and sustaining informational databases to disseminate results from rigorous research on effective practices and programs for middle grades education; and (4) increase middle grades student and academic support services, such as effective school library programs and school counseling on the transition to secondary school and planning for entry into postsecondary education and the workforce. 104. Competitive subgrants to improve low-performing middle grades (a) In general A State educational agency that receives a grant under this title shall make competitive subgrants to eligible local educational agencies and eligible entities to enable the eligible local educational agencies and eligible entities to improve low-performing middle grades in schools served by the agencies or entities. (b) Priorities In making subgrants under subsection (a), a State educational agency shall give priority to eligible local educational agencies or eligible entities based on— (1) the respective populations of children described in section 102(c)(1) served by the eligible local educational agencies participating in the subgrant application process; and (2) the respective populations of children served by the participating eligible local educational agencies who attend eligible schools. (c) Application An eligible local educational agency or eligible entity that desires to receive a subgrant under subsection (a) shall submit an application to the State educational agency at such time, in such manner, and accompanied by such information as the State educational agency may reasonably require, including— (1) a comprehensive schoolwide improvement plan described in subsection (d); (2) a description of how activities described in such plan will be coordinated with activities specified in plans for schoolwide programs under section 1114 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6314 ) and school improvement plans required under section 1116(b)(3) of such Act (20 U.S.C. 6316(b)(3)); and (3) a description of how activities described in such plan will be complementary to, and coordinated with, school improvement activities for elementary schools and secondary schools in need of improvement that serve the same students within the participating local educational agency. (d) Comprehensive schoolwide improvement plan An eligible local educational agency or eligible entity that desires to receive a subgrant under subsection (a) shall develop a comprehensive schoolwide improvement plan for the middle grades that shall— (1) include the information described in subsection (c)(2); (2) describe how the eligible local educational agency or eligible entity will— (A) identify eligible schools; (B) ensure that funds go to the highest priority eligible schools first, based on the eligible schools' populations of children described in section 102(c)(1); (C) use funds to close achievement gaps and improve the academic achievement of all students, including English language learners and students with disabilities, in eligible schools; (D) implement an early warning indicator and intervention system to alert schools when students begin to exhibit outcomes or behaviors that indicate the student is at increased risk for low academic achievement or is unlikely to progress to secondary school graduation, and to create a system of evidence-based interventions to be used by schools to effectively intervene, by— (i) identifying and analyzing, such as through the use of longitudinal data of past cohorts of students, the academic and behavioral indicators in the middle grades that most reliably predict dropping out of secondary school, such as attendance, chronic absenteeism, behavior measures (including suspensions, officer referrals, or conduct marks), academic performance in core courses, and earned on-time promotion from grade-to-grade; (ii) analyzing student progress and performance on the indicators identified under clause (i) to guide decisionmaking; (iii) analyzing academic indicators to determine whether students are on track to graduate on time, and developing appropriate evidence-based intervention; and (iv) identifying or developing a mechanism for regularly collecting and reporting— (I) student-level data on the indicators identified under clause (i); (II) student-level progress and performance, as described in clause (ii); (III) student-level data on the indicators described in clause (iii); and (IV) information about the impact of interventions on student outcomes and progress; (E) increase academic rigor and foster student engagement to ensure students are entering secondary school prepared for success in a rigorous college- and career-ready curriculum, including a description of how such readiness will be measured; (F) implement a systemic transition plan for all students and encourage collaboration among elementary grades, middle grades, and secondary school grades to support the successful transition between grades; (G) increase community and family engagement in education in the middle grades to support student success; and (H) provide evidence that the strategies, programs, supports, and instructional practices proposed under the schoolwide improvement plan are new and have not been implemented before by the eligible local educational agency or eligible entity; and (3) provide evidence of an ongoing commitment to sustain the plan for a period of not less than 4 years. (e) Review and selection of subgrants In making subgrants under subsection (a), the State educational agency shall— (1) establish a peer-review process to assist in the review and approval of applications under subsection (c); and (2) appoint individuals to participate in the peer-review process who are educators and experts in identifying, evaluating, and implementing effective education programs and practices, including— (A) experts in areas of teaching and learning, educational standards and assessments, school improvement, in addressing the needs of students with disabilities and English language learners in the middle grades, and in the academic and behavioral supports for middle grades students; and (B) recognized exemplary middle grades teachers and principals who have been recognized at the State or national level for exemplary work or contributions to the field. (f) Revision of subgrants If a State educational agency, using the peer-review process described in subsection (e), determines that an application for a grant under subsection (a) does not meet the requirements of this title, the State educational agency shall notify the eligible local educational agency or eligible entity of such determination and the reasons for such determination, and offer— (1) the eligible local educational agency or eligible entity an opportunity to revise and resubmit the application; and (2) technical assistance to the eligible local educational agency or eligible entity, by the State educational agency or a nonprofit organization with demonstrated expertise in high-quality middle grades interventions, to revise the application. (g) Mandatory uses of funds An eligible local educational agency or eligible entity that receives a subgrant under subsection (a) shall carry out the following: (1) Align the curricula for grades kindergarten through 12 for schools within the local educational agency to improve transitions from elementary grades to middle grades to secondary school grades. (2) In each eligible school served by the eligible local educational agency receiving or participating in the subgrant: (A) Align the curricula for all grade levels within eligible schools to improve grade to grade transitions. (B) Implement evidence-based or, when available, scientifically valid instructional strategies, programs, and learning environments that meet the needs of all students and ensure that school leaders and teachers receive professional development on the use of these strategies. (C) Ensure that school leaders, teachers, pupil service personnel, school librarians, and other school staff understand the developmental stages of adolescents in the middle grades and how to deal with those stages appropriately in an educational setting. (D) Implement organizational practices and school schedules that allow for effective leadership, collaborative staff participation, professional development, effective teacher instructional teaming, and parent and community involvement. (E) Create a more personalized and engaging learning environment for middle grades students by developing a personal academic plan for each student and assigning not less than 1 adult to help monitor student progress. (F) Provide all students, and the students' families, with information about, and assistance with, the requirements for secondary school graduation, admission to an institution of higher education, and career success. (G) Utilize data from an early warning indicator and intervention system described in subsection (d)(2)(D) to identify struggling students and assist the students as the students transition from elementary school to middle grades to secondary school. (H) Implement academic supports, such as effective school library programs, and effective and coordinated additional assistance programs to ensure that students have a strong foundation in reading, writing, mathematics, and science skills. (I) Implement evidence-based or, when available, scientifically valid schoolwide programs and targeted supports to promote positive academic outcomes, such as increased attendance rates and the promotion of physical, personal, and social development. (J) Develop and use effective formative assessments to inform instruction. (h) Permissible uses of funds An eligible local educational agency or eligible entity that receives a subgrant under subsection (a) may use the subgrant funds to carry out the following: (1) Implement extended learning opportunities in core academic areas including more instructional time in literacy, mathematics, science, history, and civics in addition to opportunities for language instruction and understanding other cultures and the arts. (2) Provide evidence-based professional development activities with specific benchmarks to enable teachers and other school staff to appropriately monitor academic and behavioral progress of, and modify curricula and implement accommodations and assistive technology services for, students with disabilities, consistent with the students' individualized education programs under section 614(d) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1414(d) ). (3) Employ and use instructional coaches, including literacy, mathematics, and English language learner coaches. (4) Provide professional development for content-area teachers and school librarians on working effectively with English language learners and students with disabilities, as well as professional development for English as a second language educators, bilingual educators, and special education personnel. (5) Provide professional development in areas that support decreasing rates of suspension and expulsion. (6) Encourage and facilitate the sharing of data among elementary grades, middle grades, secondary school grades, and postsecondary educational institutions. (7) Create collaborative study groups composed of principals or middle grades teachers, or both, among eligible schools within the eligible local educational agency receiving or participating in the subgrant, or between such eligible local educational agency and another local educational agency, with a focus on developing and sharing methods to increase student learning and academic achievement. (i) Planning subgrants (1) In general In addition to the subgrants described in subsection (a), a State educational agency may (without regard to the preceding provisions of this section) make planning subgrants, and provide technical assistance, to eligible local educational agencies and eligible entities that have not received a subgrant under subsection (a) to assist the local educational agencies and eligible entities in meeting the requirements of subsections (c) and (d). (2) Amount and duration Each subgrant under this subsection shall be in an amount of not more than $100,000 and shall be for a period of not more than 1 year in duration. 105. Duration of grants; supplement not supplant (a) Duration of grants (1) In general Except as provided in paragraph (2), grants under this title and subgrants under section 104(a) may not exceed 3 years in duration. (2) Renewals (A) In general Grants and subgrants under this title may be renewed in 2-year increments. (B) Conditions In order to be eligible to have a grant or subgrant renewed under this paragraph, the grant or subgrant recipient shall demonstrate, to the satisfaction of the granting entity, that— (i) the recipient has complied with the terms of the grant or subgrant, including by undertaking all required activities; and (ii) during the period of the grant or subgrant, there has been significant progress in— (I) student academic achievement, as measured by the annual measurable objectives established pursuant to section 1111(b)(2)(C)(v) of the Elementary and Secondary Education Act ( 20 U.S.C. 6311(b)(2)(C)(v) ); and (II) other key risk factors such as attendance, rates of chronic absenteeism, and on-time promotion. (b) Federal funds To supplement, not supplant, non-Federal funds (1) In general A State educational agency, eligible local educational agency, or eligible entity shall use Federal funds received under this title only to supplement the funds that would, in the absence of such Federal funds, be made available from non-Federal sources for the education of pupils participating in programs assisted under this title, and not to supplant such funds. (2) Special rule Nothing in this title shall be construed to authorize an officer, employee, or contractor of the Federal Government to mandate, direct, limit, or control a State, local educational agency, or school's specific instructional content, academic achievement standards and assessments, curriculum, or program of instruction. 106. Evaluation and reporting (a) Evaluation Not later than 180 days after the date of enactment of this Act, and annually thereafter for the period of the grant, each State receiving a grant under this title shall— (1) conduct an evaluation of the State's progress regarding the impact of the changes made to the policies and practices of the State in accordance with this title, including— (A) a description of the specific changes made, or in the process of being made, to policies and practices as a result of the grant; (B) a discussion of any barriers hindering the identified changes in policies and practices, and implementation strategies to overcome such barriers; (C) evidence of the impact of changes to policies and practices on behavior and actions at the local educational agency and school level; and (D) evidence of the impact of the changes to State and local policies and practices on improving measurable learning gains by middle grades students; (2) use the results of the evaluation conducted under paragraph (1) to adjust the policies and practices of the State as necessary to achieve the purposes of this title; and (3) submit the results of the evaluation to the Secretary. (b) Availability The Secretary shall make the results of each State's evaluation under subsection (a) available to other States and local educational agencies. (c) Local educational agency reporting On an annual basis, each eligible local educational agency and eligible entity receiving a subgrant under section 104(a) shall report to the State educational agency and to the public on— (1) the performance on the school performance indicators (as described in section 103(a)(4)(B)(vi)) for each eligible school served by the eligible local educational agency or eligible entity, in the aggregate and disaggregated by the subgroups described in section 1111(b)(2)(C)(v)(II) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(2)(C)(v)(II) ); and (2) the use of funds by the eligible local educational agency or eligible entity and each such school. (d) State educational agency reporting On an annual basis, each State educational agency receiving grant funds under this title shall report to the Secretary and to the public on— (1) the performance of eligible schools in the State, based on the school performance indicators described in section 103(a)(4)(B)(vi), in the aggregate and disaggregated by the subgroups described in section 1111(b)(2)(C)(v)(II) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(2)(C)(v)(II) ); and (2) the use of the funds by each eligible local educational agency in the State and by each eligible school. (e) Report to Congress Every 2 years, the Secretary shall report to the public and to Congress— (1) a summary of the State reports under subsection (d); and (2) the use of funds by each State under this title. 107. Authorization of appropriations There are authorized to be appropriated to carry out this title $1,000,000,000 for fiscal year 2014 and such sums as may be necessary for each of the 5 succeeding fiscal years. II Research recommendations 201. Purpose The purpose of this title is to facilitate the generation, dissemination, and application of research needed to identify and implement effective practices that lead to continual student learning and high academic achievement in the middle grades. 202. Research recommendations (a) Study on promising practices (1) In general Not later than 60 days after the date of enactment of this Act, the Secretary shall enter into a contract with the Center for Education of the National Academies to study and identify promising practices for the improvement of middle grades education. (2) Content of study The study described in paragraph (1) shall identify promising practices currently being implemented for the improvement of middle grades education. The study shall be conducted in an open and transparent way that provides interim information to the public about criteria being used to identify— (A) promising practices; (B) the practices that are being considered; and (C) the kind of evidence needed to document effectiveness. (3) Report The contract entered into pursuant to this subsection shall require that the Center for Education of the National Academies submit to the Secretary, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Education and the Workforce of the House of Representatives a final report regarding the study conducted under this subsection not later than 1 year after the date of the commencement of the contract. (4) Publication The Secretary shall make public and post on the website of the Department of Education the findings of the study conducted under this subsection. (b) Synthesis study of effective teaching and learning in middle grades (1) In general Not later than 60 days after the date of enactment of this Act, the Secretary shall enter into a contract with the Center for Education of the National Academies to review existing research on middle grades education, and on factors that might lead to increased effectiveness and enhanced innovation in middle grades education. (2) Content of study The study described in paragraph (1) shall review research on education programs, practices, and policies, as well as research on the cognitive, social, and emotional development of children in the middle grades age range, in order to provide an enriched understanding of the factors that might lead to the development of innovative and effective middle grades programs, practices, and policies. The study shall focus on— (A) the areas of curriculum, instruction, and assessment (including additional supports for students who are below grade level in reading, writing, mathematics, and science, and the identification of students with disabilities) to better prepare all students for subsequent success in secondary school, postsecondary education, and cognitively challenging employment; (B) the quality of, and supports for, the teacher workforce; (C) aspects of student behavioral and social development, and of social interactions within schools that affect the learning of academic content; (D) the ways in which schools and local educational agencies are organized and operated that may be linked to student outcomes; (E) how development and use of early warning indicator and intervention systems can reduce risk factors for dropping out of school and low academic achievement; and (F) identification of areas where further research and evaluation may be needed on these topics to further the development of effective middle grades practices. (3) Report The contract entered into pursuant to this subsection shall require that the Center for Education of the National Academies submit to the Secretary, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Education and the Workforce of the House of Representatives a final report regarding the study conducted under this subsection not later than 2 years after the date of commencement of the contract. (4) Publication The Secretary shall make public and post on the website of the Department of Education the findings of the study conducted under this subsection. (c) Other activities The Secretary shall carry out each of the following: (1) Create a national clearinghouse, in coordination with entities such as What Works and the Doing What Works Clearinghouses, for research in best practices in the middle grades and in the approaches that successfully take those best practices to scale in schools and local educational agencies. (2) Create a national middle grades database accessible to educational researchers, practitioners, and policymakers that identifies school, classroom, and system-level factors that facilitate or impede student academic achievement in the middle grades. (3) Require the Institute of Education Sciences to develop a strand of field-initiated and scientifically valid research designed to enhance performance of schools serving middle grades students, and of middle grades students who are most at risk of educational failure, which may be coordinated with the regional educational laboratories established under section 174 of the Education Sciences Reform Act of 2002 ( 20 U.S.C. 9564 ), institutions of higher education, agencies recognized for their research work that has been published in peer-reviewed journals, and organizations that have such regional educational laboratories. Such research shall target specific issues such as— (A) effective practices for instruction and assessment in mathematics, science, technology, and literacy; (B) academic interventions for adolescent English language learners; (C) school improvement programs and strategies for closing the academic achievement gap and decreasing rates of suspension and expulsion; (D) evidence-based or, when available, scientifically valid professional development planning targeted to improve pedagogy and student academic achievement; (E) the effects of increased learning or extended school time in the middle grades; and (F) the effects of decreased class size or increased instructional and support staff. (4) Strengthen the work of the existing national research and development centers under section 133(c) of the Education Sciences Reform Act of 2002 ( 20 U.S.C. 9533(c) ), as of the date of enactment of this Act, by adding an educational research and development center dedicated to addressing— (A) curricular, instructional, and assessment issues pertinent to the middle grades (such as mathematics, science, technological fluency, the needs of English language learners, and students with disabilities); (B) comprehensive reforms for low-performing middle grades; and (C) other topics pertinent to improving the academic achievement of middle grades students. (5) Provide grants to nonprofit organizations, for-profit organizations, institutions of higher education, and others to partner with State educational agencies and local educational agencies to develop, adapt, or replicate effective models for turning around low-performing middle grades. 203. Authorization of appropriations; reservations (a) Authorization There are authorized to be appropriated to carry out this title $100,000,000 for fiscal year 2014 and such sums as may be necessary for each of the 5 succeeding fiscal years. (b) Reservations From the total amount made available to carry out this title, the Secretary shall reserve— (1) 2.5 percent for the studies described in subsections (a) and (b) of section 202; (2) 5 percent for the clearinghouse described in section 202(c)(1); (3) 5 percent for the database described in section 202(c)(2); (4) 42.5 percent for the activities described in section 202(c)(3); (5) 15 percent for the activities described in section 202(c)(4); and (6) 30 percent for the activities described in section 202(c)(5).

https://www.govinfo.gov/content/pkg/BILLS-113hr2316ih/xml/BILLS-113hr2316ih.xml

113-hr-2317

I 113th CONGRESS 1st Session H. R. 2317 IN THE HOUSE OF REPRESENTATIVES June 11, 2013 Mr. Langevin (for himself, Ms. Bonamici , Ms. Brown of Florida , Mr. Cicilline , Mr. Rangel , Mr. Takano , and Mr. Sires ) 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 provide grants to States to establish a comprehensive school counseling program. 1. Short title This Act may be cited as the Counseling for Career Choice Act . 2. Amendment Title V of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7201 et seq. ) is amended by adding at the end the following: E Counseling for Career Choice 5701. Definitions In this part: (1) Community college The term community college means— (A) a junior or community college (as defined in section 312(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1058(f) )); (B) a 4-year public institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )) that awards a significant number of degrees and certificates, as determined by the Secretary, that are not— (i) baccalaureate degrees (or an equivalent); or (ii) master’s, professional, or other advanced degrees; or (C) an area career and technical education school (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 )). (2) Eligible entity The term eligible entity means— (A) a local educational agency, including an educational service agency; or (B) a consortium that must consist of one local educational agency in combination with one or more local educational agencies, educational service agencies, non-profit organizations with demonstrated expertise in counseling or career and technical education, postsecondary institutions, or tribal organizations. (3) Local workforce investment board The term local workforce investment board means a local workforce investment board established under section 117 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2832 ). (4) School counselor The term school counselor has the meaning given the term in section 5421. (5) Stakeholders The term stakeholders includes local educational agencies, school counselors, secondary schools, institutions of higher education (including community colleges), eligible agencies as defined under section 203 of the Workforce Investment Act of 1998, the State workforce investment board, the State agency responsible for labor market information, other applicable State agencies as determined by the Secretary, local workforce investment boards, area career and technical education schools (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006), local businesses and industries, organizations offering apprenticeship programs, tribal organizations, labor organizations, programs leading to post-secondary credentials, including industry-recognized credentials, other programs for career and technical education (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 )), and any other organizations, individuals or persons that the Secretary determines appropriate to carry out the purposes of this part. (6) Statewide counseling framework The term statewide counseling framework means a framework that encompasses grades 6 through 12 and postsecondary education and that includes information on career awareness, skills assessment, skills training, student interest surveys, postsecondary education entrance requirements, secondary school graduation requirements, high school equivalency, adult education programs and services, financial aid, institutions of higher education, community colleges, programs leading to industry-recognized credentials, career and technical education programs, internships, dual enrollment programs, apprenticeships, and professional development opportunities for school counselors. (7) State workforce investment board The term State workforce investment board means a State workforce investment board established under section 111 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2821 ). (8) Tribal organization The term tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). (9) Industry recognized credential The term industry-recognized, used with respect to a credential, means a credential that— (A) is sought or accepted by employers within the industry or sector involved as a recognized, preferred, or required credential for recruitment, screening, hiring, retention or advancement purposes; and, (B) where appropriate, is endorsed by a nationally recognized trade association or organization representing a significant part of the industry or sector. 5702. Establishment and capacity-building grants (a) Establishment grants (1) Program authorized From amounts appropriated to carry out this part and not reserved by the Secretary under subsection (b), the Secretary shall award establishment grants, on a competitive basis, to State educational agencies to enable the State educational agencies to carry out the activities described in section 5704. (2) Duration; extension (A) Duration Each establishment grant under this subsection shall be for a period of not more than 2 years. (B) Amount Each grant shall be of an amount not less than $2,000,000 and not more than $5,000,000. (C) Extension The Secretary may extend a grant awarded under this subsection for additional 3-year periods if the State educational agency— (i) is achieving the intended outcomes of the grant; (ii) shows continued engagement with stakeholders; and (iii) has established a statewide counseling framework. (b) State capacity-Building grants (1) In general The Secretary shall reserve not less than 10 percent and not more than 20 percent of the amounts appropriated to carry out this part for any fiscal year to award capacity-building grants, on a competitive basis, to State educational agencies that do not receive an establishment grant under subsection (a) for such year. (2) Activities A State educational agency that receives a capacity-building grant under this subsection shall use grant funds to carry out 1 or more of the activities from the State educational agency’s application under section 5703 that the Secretary determines is an acceptable use of funds. 5703. Application A State educational agency desiring a grant under this part shall submit an application at such time, in such manner, and containing such information as the Secretary may require. The application shall include— (1) (A) a description of a proposed statewide counseling framework that is developed in consultation with not less than 5 stakeholders, of which at least 1 stakeholder shall be a local business or industry or statewide industry organization and 1 stakeholder shall be a local educational agency or secondary school; (B) a detailed plan to implement a statewide counseling framework that is developed in consultation with not less than 5 stakeholders, of which at least 1 stakeholder shall be a local business or industry or statewide industry organization and 1 shall be a local educational agency or secondary school; or (C) evidence of an existing statewide counseling framework and implementation plan supported by not less than 5 stakeholders, of which at least 1 stakeholder shall be a local business or industry or statewide industry organization and 1 shall be a local educational agency or secondary school; and (2) a description of how the State educational agency will award subgrants and ensure that the activities described in section 5704 are carried out. 5704. Activities (a) In general A State educational agency receiving an establishment grant under section 5702(a) shall use grant funds to— (1) develop and implement comprehensive school counseling programs that align with the statewide counseling framework proposed or described in the State educational agency’s application; (2) identify and assess school counseling activities and postsecondary options available within the State, and outside the State as applicable; (3) hire additional school counselors to effectively serve more students in postsecondary education and adult education planning and career guidance activities, where applicable; (4) identify regional workforce trends in collaboration with entities at the State and regional level with expertise in identifying such trends, such as State workforce investment boards, local workforce investment boards, regional economic development organizations, or State employment agencies; (5) train school counselors effectively to provide students with current and relevant workforce information, financial aid assistance, personal counseling, and academic advising relevant to students’ individual career and postsecondary education goals; (6) develop and implement a process and infrastructure for school counselors and school counselor programs to access the statewide counseling framework and information regarding the regional workforce trends identified in paragraph (4); (7) develop and implement professional development programs for counselors and other educators involved in preparing students for postsecondary opportunities; (8) develop a searchable method by which counseling professional development opportunities from around the State are collected, maintained, and disseminated to school counselors; (9) establish, improve, or coordinate postsecondary opportunities, which may include individual career planning, personalized learning plans, registered apprenticeships, internships, dual enrollment programs, programs leading to industry-recognized credentials (including programs at a secondary school), 2-year degree programs, 4-year degree programs, and other applicable postsecondary opportunities; (10) provide recommendations and improve a local educational agency’s and other education service program providers to out of school youth and adults curricula to better align with workforce trends and available postsecondary opportunities; (11) conduct other activities pertaining to the administration of the statewide framework; (12) establish partnerships with American Job Centers, which may include co-locating an American Job Center in a high school, transporting students to local American Job Centers, or having American Job Center career counselors and business liaisons assist school counselors in hosting job fairs, career days, or other such similar tasks; and (13) leverage resources and emerging technologies that are being developed by stakeholders to support the counseling framework. (b) Subgrants (1) In general A State educational agency that receives an establishment grant may carry out the activities described in subsection (a) directly or through awarding subgrants, on a competitive basis, to eligible entities to enable the eligible entities to carry out any of the activities. (2) Application An eligible entity that desires a subgrant under this subsection shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may reasonably require, including a description of the comprehensive school counseling program for participating schools and students that the eligible entity proposes to develop and implement using subgrant funds. (c) Hiring of personnel An eligible entity that receives an establishment grant under section 5702(a) may use grant funds to hire additional school personnel to carry out the activities described in subsection (a). 5705. Supplement not supplant Funds made available under this part shall be used to supplement, and not supplant, other Federal, State, and local funds available to carry out the activities supported under this part. 5706. Reporting requirements Not later than 3 years after the date of enactment of the Counseling for Career Choice Act, and every 3 years thereafter, the Secretary shall prepare and submit to the appropriate committees of Congress a report on the progress made by the eligible entities receiving grants under this part in implementing grant activities. 5707. Authorization of appropriations There are authorized to be appropriated to carry out this part $40,000,000 for fiscal year 2014 and $40,000,000 for each of the 4 succeeding fiscal years. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2317ih/xml/BILLS-113hr2317ih.xml

113-hr-2318

I 113th CONGRESS 1st Session H. R. 2318 IN THE HOUSE OF REPRESENTATIVES June 11, 2013 Mr. Latta 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 with respect to the applicability of the Act to Federal facilities, and for other purposes. 1. Short title This Act may be cited as the Federal Facility Accountability Act of 2013 . 2. Federal facilities (a) Application to Federal Government Section 120(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620(a) ) is amended in the heading by striking of Act . (b) Application of requirements to Federal facilities Section 120(a)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620(a)(2) ) is amended— (1) by striking preliminary assessments and inserting response actions ; (2) by inserting or after National Contingency Plan, ; (3) by striking , or applicable to remedial actions at such facilities ; and (4) by inserting or have been before owned or operated . (c) Applicability of laws Section 120(a)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620(a)(4) ) is amended to read as follows: (4) Applicability of laws (A) In general Each department, agency, and instrumentality of the United States shall be subject to, and comply with, at facilities that are or have been owned or operated by any such department, agency, or instrumentality, State substantive and procedural requirements regarding response relating to hazardous substances or pollutants or contaminants, including State hazardous waste requirements, in the same manner and to the same extent as any nongovernmental entity. (B) Compliance (i) In general The United States hereby expressly waives any immunity otherwise applicable to the United States with respect to any State substantive or procedural requirement referred to in subparagraph (A). (ii) Injunctive relief Neither the United States, nor any agent, employee, nor officer thereof, shall be immune or exempt from any process or sanction of any State or Federal Court with respect to the enforcement of any injunctive relief under subparagraph (C)(ii). (iii) Civil penalties No agent, employee, or officer of the United States shall be personally liable for any civil penalty under any State substantive or procedural requirement referred to in subparagraph (A), or this Act, with respect to any act or omission within the scope of the official duties of the agent, employee, or officer. (iv) Criminal sanctions An agent, employee, or officer of the United States shall be subject to any criminal sanction (including any fine or imprisonment) under any State substantive or procedural requirement referred to in subparagraph (A), or this Act, but no department, agency, or instrumentality of the executive, legislative, or judicial branch of the Federal Government shall be subject to any such sanction. (C) Substantive and procedural requirements The State substantive and procedural requirements referred to in subparagraph (A) include— (i) administrative orders; (ii) injunctive relief; (iii) civil and administrative penalties and fines, regardless of whether such penalties or fines are punitive or coercive in nature or are imposed for isolated, intermittent, or continuing violations; (iv) reasonable service charges or oversight costs; and (v) laws or regulations requiring the imposition and maintenance of engineering or land use controls. (D) Reasonable service charges or oversight costs The reasonable service charges or oversight costs referred to in subparagraph (C) include fees or charges assessed in connection with— (i) the processing, issuance, renewal, or modification of permits; (ii) the review of plans, reports, studies, and other documents; (iii) attorney’s fees; (iv) inspection and monitoring of facilities or vessels; and (v) any other nondiscriminatory charges that are assessed in connection with a State requirement regarding response relating to hazardous substances or pollutants or contaminants. . 3. Authority to delegate, issue regulations Section 115 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9615 ) is amended by adding at the end the following new sentence: If the President delegates or assigns any duties or powers under this section to a department, agency, or instrumentality of the United States other than the Administrator, the Administrator may review, as the Administrator determines necessary or upon request of any State, actions taken, or regulations promulgated, pursuant to such delegation or assignment, for purposes of ensuring consistency with the guidelines, rules, regulations, or criteria established by the Administrator under this title. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2318ih/xml/BILLS-113hr2318ih.xml

113-hr-2319

I 113th CONGRESS 1st Session H. R. 2319 IN THE HOUSE OF REPRESENTATIVES June 11, 2013 Mr. Mullin (for himself, Mr. Ruiz , Ms. Sinema , Mr. Gosar , Mr. Faleomavaega , Mr. Cárdenas , Mr. Huffman , Mr. Ben Ray Luján of New Mexico , Ms. McCollum , Mr. Cole , and Mr. Pearce ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To clarify certain provisions of the Native American Veterans’ Memorial Establishment Act of 1994. 1. Short title This Act may be cited as the Native American Veterans’ Memorial Amendments Act of 2013 . 2. Native American Veterans' Memorial (a) Authority To establish memorial Section 3 of the Native American Veterans’ Memorial Establishment Act of 1994 ( 20 U.S.C. 80q–5 note; 108 Stat. 4067) is amended— (1) in subsection (b), by striking within the interior structure of the facility and inserting on the property ; and (2) in subsection (c)(1), by striking , in consultation with the Museum, is and inserting and the National Museum of the American Indian are . (b) Payment of expenses Section 4(a) of the Native American Veterans’ Memorial Establishment Act of 1994 ( 20 U.S.C. 80q–5 note; 108 Stat. 4067) is amended— (1) in the heading, by inserting and National Museum of the American Indian after American Indians ; and (2) in the first sentence, by striking shall be solely and inserting and the National Museum of the American Indian shall be .

https://www.govinfo.gov/content/pkg/BILLS-113hr2319ih/xml/BILLS-113hr2319ih.xml

113-hr-2320

I 113th CONGRESS 1st Session H. R. 2320 IN THE HOUSE OF REPRESENTATIVES June 11, 2013 Mr. Nadler 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 an increasingly larger earned income credit for families with more than 3 children. 1. Short title This Act may be cited as the Tax Fairness for All Families Act of 2013 . 2. Increased earned income credit for families with more than 3 children (a) In general Paragraph (1) of section 32(b) of the Internal Revenue Code of 1986 is amended to read as follows: (1) Percentages For purposes of subsection (a)— In the case of an eligible individual with: The credit percentage is: The phaseout percentage is: 1 qualifying child 34 15.98 2 qualifying children 40 21.06 3 qualifying children 45 21.06 4 qualifying children 50 21.06 5 qualifying children 55 21.06 6 qualifying children 60 21.06 7 or more qualifying children 65 21.06 No qualifying children 7.65 7.65 . (b) Conforming amendment Paragraph (3) of section 32(b) of such Code is amended by striking subparagraph (A). (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-113hr2320ih/xml/BILLS-113hr2320ih.xml

113-hr-2321

I 113th CONGRESS 1st Session H. R. 2321 IN THE HOUSE OF REPRESENTATIVES June 11, 2013 Ms. Norton introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committee on Armed Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To extend to the Mayor of the District of Columbia the same authority over the National Guard of the District of Columbia as the Governors of the several States exercise over the National Guard of those States with respect to administration of the National Guard and its use to respond to natural disasters and other civil disturbances, while ensuring that the President retains control of the National Guard of the District of Columbia to respond to homeland defense emergencies. 1. Short title This Act may be cited as the District of Columbia National Guard Home Rule Act . 2. Extension of National Guard authorities to Mayor of the District of Columbia (a) Mayor as Commander-in-Chief Section 6 of the Act entitled An Act to provide for the organization of the militia of the District of Columbia, and for other purposes , approved March 1, 1889 (sec. 49–409, D.C. Official Code), is amended by striking President of the United States and inserting Mayor of the District of Columbia . (b) Reserve corps Section 72 of such Act (sec. 49–407, D.C. Official Code) is amended by striking President of the United States each place it appears and inserting Mayor of the District of Columbia . (c) Appointment of commissioned officers (1) Section 7(a) of such Act (sec. 49–301(a), D.C. Official Code) is amended— (A) by striking President of the United States and inserting Mayor of the District of Columbia ; and (B) by striking President. and inserting Mayor. . (2) Section 9 of such Act (sec. 49–304, D.C. Official Code) is amended by striking President and inserting Mayor of the District of Columbia . (3) Section 13 of such Act (sec. 49–305, D.C. Official Code) is amended by striking President of the United States and inserting Mayor of the District of Columbia . (4) Section 19 of such Act (sec. 49–311, D.C. Official Code) is amended— (A) in subsection (a), by striking to the Secretary of the Army and all that follows through which board and inserting to a board of examination appointed by the Commanding General, which ; and (B) in subsection (b), by striking the Secretary of the Army and all that follows through the period and inserting the Mayor of the District of Columbia, together with any recommendations of the Commanding General. . (5) Section 20 of such Act (sec. 49–312, D.C. Official Code) is amended— (A) by striking President of the United States each place it appears and inserting Mayor of the District of Columbia ; and (B) by striking the President may retire and inserting the Mayor may retire . (d) Call for duty (1) Section 45 of such Act (sec. 49–103, D.C. Official Code) is amended by striking , or for the United States Marshal and all that follows through shall thereupon order and inserting to order . (2) Section 46 of such Act (sec. 49–104, D.C. Official Code) is amended by striking the President and inserting the Mayor of the District of Columbia . (e) General courts martial Section 51 of such Act (sec. 49–503, D.C. Official Code) is amended by striking the President of the United States and inserting the Mayor of the District of Columbia . 3. Retention of Presidential authority over use of National Guard of the District of Columbia to respond to homeland defense emergencies (a) In general Chapter 9 of title 32, United States Code, is amended by adding at the end the following new section: 909. Control of National Guard of the District of Columbia for homeland defense activities Notwithstanding the authority of the Mayor of the District of Columbia as the Commander-in-Chief of the National Guard of the District of Columbia, as provided by section 6 of the Act entitled An Act to provide for the organization of the militia of the District of Columbia, and for other purposes , approved March 1, 1889 (sec. 49–409, D.C. Official Code), the President retains control over units and members of the National Guard of the District of Columbia to conduct homeland defense activities that the President determines to be necessary and appropriate for participation by the National Guard units or members. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 909. Control of National Guard of the District of Columbia for homeland defense activities. . 4. Conforming amendments to title 10 , United States Code (a) Failure To satisfactorily perform prescribed training Section 10148(b) of such title is amended by striking the commanding general of the District of Columbia National Guard and inserting the Mayor of the District of Columbia . (b) Appointment of chief of National Guard bureau Section 10502(a)(1) of such title is amended by striking the commanding general of the District of Columbia National Guard and inserting the Mayor of the District of Columbia . (c) Vice chief of National Guard bureau Section 10505(a)(1)(A) of such title is amended by striking the commanding general of the District of Columbia National Guard and inserting the Mayor of the District of Columbia . (d) Other senior National Guard bureau officers Section 10506(a)(1) of such title is amended by striking the commanding general of the District of Columbia National Guard both places it appears and inserting the Mayor of the District of Columbia . (e) Consent for active duty or relocation (1) Section 12301 of title 10, United States Code, is amended— (A) in subsection (b), by striking commanding general of the District of Columbia National Guard in the second sentence and inserting Mayor of the District of Columbia ; and (B) in subsection (d), by striking governor or other appropriate authority of the State concerned and inserting governor of the State (or, in the case of the District of Columbia National Guard, the Mayor of the District of Columbia) . (2) Section 12406 of such title is amended by striking the commanding general of the National Guard of the District of Columbia and inserting the Mayor of the District of Columbia . (f) Consent for relocation of units Section 18238 of such title is amended by striking the commanding general of the National Guard of the District of Columbia and inserting the Mayor of the District of Columbia . 5. Conforming amendments to title 32 , United States Code (a) Maintenance of other troops Section 109(c) of title 32, United States Code, is amended by striking (or commanding general in the case of the District of Columbia) . (b) Drug interdiction and Counter-Drug activities Section 112(h)(2) of such title is amended by striking the Commanding General of the National Guard of the District of Columbia and inserting the Mayor of the District of Columbia . (c) Additional assistance Section 113 of such title is amended by adding at the end the following new subsection: (e) Inclusion of district of columbia In this section, the term State includes the District of Columbia. . (d) Appointment of adjutant general Section 314 of such title is amended— (1) by striking subsection (b); (2) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively; and (3) in subsection (b) (as so redesignated), by striking the commanding general of the District of Columbia National Guard and inserting the Mayor of the District of Columbia, . (e) Relief from national guard duty Section 325(a)(2)(B) of such title is amended by striking the commanding general of the National Guard of the District of Columbia and inserting the Mayor of the District of Columbia . (f) Authority To order To perform Active Guard and Reserve duty (1) Authority Subsection (a) of section 328 of such title is amended by striking the commanding general and inserting the Mayor of the District of Columbia after consultation with the commanding general . (2) Clerical amendments (A) Section heading The heading of such section is amended to read as follows: 328. Active Guard and Reserve duty: authority of chief executive . (B) Table of sections The table of sections at the beginning of chapter 3 of such title is amended by striking the item relating to section 328 and inserting the following new item: 328. Active Guard and Reserve duty: authority of chief executive. . (g) Personnel matters Section 505 of such title is amended by striking commanding general of the National Guard of the District of Columbia in the first sentence and inserting Mayor of the District of Columbia . (h) National Guard challenge program Section 509 of such title is amended— (1) in subsection (c)(1), by striking the commanding general of the District of Columbia National Guard, under which the Governor or the commanding general and inserting the Mayor of the District of Columbia, under which the Governor or the Mayor ; (2) in subsection (g)(2), by striking the commanding general of the District of Columbia National Guard and inserting the Mayor of the District of Columbia ; (3) in subsection (j), by striking the commanding general of the District of Columbia National Guard and inserting the Mayor of the District of Columbia ; and (4) in subsection (k), by striking the commanding general of the District of Columbia National Guard and inserting the Mayor of the District of Columbia . (i) Issuance of supplies Section 702(a) of such title is amended by striking commanding general of the National Guard of the District of Columbia and inserting Mayor of the District of Columbia . (j) Appointment of fiscal officer Section 708(a) of such title is amended by striking commanding general of the National Guard of the District of Columbia and inserting Mayor of the District of Columbia . 6. Conforming amendment to the District of Columbia Home Rule Act Section 602(b) of the District of Columbia Home Rule Act (sec. 1–206.02(b), D.C. Official Code) is amended by striking the National Guard of the District of Columbia, .

https://www.govinfo.gov/content/pkg/BILLS-113hr2321ih/xml/BILLS-113hr2321ih.xml

113-hr-2322

I 113th CONGRESS 1st Session H. R. 2322 IN THE HOUSE OF REPRESENTATIVES June 11, 2013 Mr. Peters of California (for himself, Mr. King of New York , Mr. Murphy of Florida , Mrs. Capps , Mr. Pocan , Mr. Huffman , Ms. Sinema , and Ms. Hahn ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To minimize the economic and social costs resulting from losses of life, property, well-being, business activity, and economic growth associated with extreme weather events by ensuring that the United States is more resilient to the impacts of extreme weather events in the short- and long-term, and for other purposes. 1. Short title This Act may be cited as the Strengthening The Resiliency of Our Nation on the Ground Act or the STRONG Act . 2. Findings and purpose (a) Findings Congress makes the following findings: (1) Extreme weather has serious economic costs for Americans, American businesses, and State and local governments. Hurricanes, droughts, floods, tornadoes, extreme heat, and extreme cold cause death, result in loss of property and well-being, especially among the most vulnerable populations, and negatively impact business activity and economic growth. (2) Superstorm Sandy, which devastated the Eastern United States in late October 2012, resulted in more than 100 deaths, the evacuation of hundreds of thousands of people from their homes, power outages affecting more than 8,500,000 homes, massive flooding, gasoline shortages, and a crippled regional energy and transportation infrastructure. As a result of this storm, Congress passed the Disaster Relief Appropriations Act, 2013, which appropriated $50,500,000,000 for post-Sandy recovery efforts. (3) In the past 30 years, there have been more than 130 weather-related disasters in the United States that each generated at least $1,000,000,000 in damages or more than $880,000,000,000 in total standardized loss. In addition, there have been many other extreme weather events that generated less than $1,000,000,000 in damages, but still caused immeasurable harm to the Nation’s citizens, infrastructure, and economy. (4) Hurricane Katrina led to more than 1,800 deaths, property damage exceeding $80,000,000,000, more than $120,000,000,000 in Federal spending, and long-term impacts on the economy and livelihoods of those living in the Gulf Coast region. (5) In 2011, one of the most severe and costly years for weather and climate on record, extreme weather hit every region in the United States, resulting in— (A) prolonged droughts in the South and the West; (B) deadly floods in the Southeast and Midwest; (C) hundreds of devastating tornadoes across the United States; (D) Hurricane Irene in the Northeast; (E) more than $50,000,000,000 in weather-related damages; (F) 14 extreme weather events, which resulted in more than $1,000,000,000 in damages each and caused a combined death toll of hundreds of people; and (G) many other extreme weather events with lesser, but still significant, impacts. (6) In 2012, in addition to Superstorm Sandy, the United States experienced— (A) drought conditions in more than 60 percent of the contiguous United States at the peak of the drought, including more than 2,200 counties that have received disaster designations from the Secretary of Agriculture due to the drought; (B) deadly floods in Minnesota, Tropical Storm Debby in Florida, and Hurricane Isaac in Louisiana; (C) destructive wildfires on more than 9,000,000 acres across 37 States; (D) power outages affecting more than 3,400,000 homes due to severe storms during the summer; and (E) deadly heat waves, highlighted by July as the warmest month on record for the contiguous United States and more than 9,600 daily high temperature records broken during June, July, and August. (7) These events and natural disaster trends, when combined with the volatility of weather, ongoing demographic changes, and development in high risk areas, indicate that the negative impacts of extreme weather events and natural disasters have the potential to increase over time. The fact that a significant number of people and assets continue to be located in areas prone to volatile and extreme weather indicates that these events will continue to be expensive and deadly if the United States fails to enhance its resiliency to such events. Recent studies show that the intensity and frequency of some types of, but not all, extreme weather events will likely increase in the future. (8) Economic savings can be achieved by considering the impacts of extreme weather over the short- and long-term in the planning process. For example, a 2005 review of the Federal Emergency Management Agency’s hazard mitigation programs, conducted by the National Institute of Building Sciences’ Multi-Hazard Mitigation Council, found that every dollar spent on hazard mitigation yields a savings of $4 in future losses. (9) There are several efforts currently underway at the Federal, regional, tribal, State, and local levels that have helped lay the foundation for a federally-coordinated effort to increase the Nation’s resiliency to extreme weather events, such as the Hurricane Sandy Rebuilding Task Force, the Presidential Policy Directive on National Preparedness (referred to in this Act as PPD-8 ), the National Preparedness System, the whole community approach led by the Department of Homeland Security, and the Silver Jackets Program by the Army Corps of Engineers. Other recent reports on this subject include the National Academies of Sciences’ reports Disaster Resilience: A National Imperative and Building Community Disaster Resilience through Public-Private Collaboration . (b) Purpose The purpose of this Act is to minimize the economic and social costs and future losses of life, property, well-being, business activity, and economic growth by making the United States more resilient to the impacts of extreme weather events over the short- and long-term, thereby creating business and job growth opportunities by— (1) ensuring that the Federal Government is optimizing its use of existing resources and funding to support State and local officials, businesses, tribal nations, and the public to become more resilient, including— (A) encouraging the consideration of, and ways to incorporate, extreme weather resilience across Federal operations, programs, policies, and initiatives; (B) promoting improved coordination of existing and planned Federal extreme weather resilience and adaptation efforts that impact extreme weather resilience and ensuring their coordination with, and support of, State, local, regional, and tribal efforts; (C) minimizing Federal policies that may unintentionally hinder or reduce resilience, such as damaging wetlands or other critical green infrastructure, or lead Federal agencies to operate at cross purposes in achieving extreme weather resilience; and (D) building upon existing related efforts, such as the Hurricane Sandy Rebuilding Task Force, the PPD-8, the National Preparedness System, and the whole community approach; (2) communicating the latest understanding and likely short- and long-term human and economic impacts and risks of extreme weather to businesses and the public; (3) supporting decisionmaking that improves resilience by providing forecasts and projections, data decision-support tools, and other information and mechanisms; and (4) establishing a consistent vision and strategic plan for extreme weather resilience across the Federal Government. 3. Definitions In this Act: (1) Extreme weather The term extreme weather includes severe and unseasonable weather, heavy precipitation, hurricanes, storm surges, tornadoes, other windstorms (including derechos), extreme heat, extreme cold, and other qualifying weather events as determined by the interagency group established under section 4(a)(1). (2) Resilience The term resilience means the ability to prepare and plan for, absorb, recover from, and more successfully adapt to adverse events in a timely manner. 4. Extreme weather resilience gap and overlap analysis (a) Interagency working group (1) In general (A) Establishment The Director of the Office of Science and Technology Policy (referred to in this section as the Director ), with input from the Department of Homeland Security, shall establish and chair an interagency working group with Cabinet-level representation from all relevant Federal agencies. (B) Duties The working group shall— (i) come together to provide a strategic vision of extreme weather resilience; (ii) conduct a gap and overlap analysis of Federal agencies’ current and planned activities related to achieving short- and long-term resilience to extreme weather and its impacts on the Nation, such as storm surge, flooding, drought, and wildfires; and (iii) develop a National Extreme Weather Resilience Plan in accordance with section 5(a). (2) Additional representation from executive office of the president The interagency working group established under paragraph (1) shall include representatives of the relevant offices and councils within the Executive Office of the President, including— (A) the Office of Management and Budget; (B) the National Security Staff; (C) the Council of Economic Advisors; (D) the Council on Environmental Quality; and (E) the Domestic Policy Council. (3) Consultation with tribal, state, and local representatives (A) In general The Federal interagency working group established under paragraph (1) shall work closely with an advisory group to take into account the needs of State and local entities across all regions of the United States. The advisory group shall consist of— (i) 1 representative from the National Emergency Management Association; (ii) 7 representatives from States and State associations; and (iii) 8 representatives from local entities and associations, including representation from a tribal nation and at least 1 major metropolitan area. (B) Key sectors The representatives described in subparagraph (A) shall, in the aggregate, represent all of the key sectors set forth in subsection (b)(1). (C) Meetings The Director shall meet with the representatives described in subparagraph (A) not fewer than 9 times during the development of— (i) the gap and overlap analysis under this section; and (ii) the National Extreme Weather Resilience Action Plan under section 5. (4) Cooperation by federal agencies In carrying out the activities described in subsection (b), Federal agency representatives participating in the working group shall be forthright and shall fully cooperate with the Office of Science and Technology Policy. (5) Detailees Upon the request of the Director, each agency or entity referred to in paragraph (1) shall provide the working group with a detailee, without reimbursement from the working group, to support the activities described in subsection (b), section 5, and section 7(a). Such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (6) Volunteer services Notwithstanding section 1342 of title 31, United States Code, the working group may investigate and use such voluntary services as the working group determines to be necessary. (b) Gap and overlap analysis In conducting the gap and overlap analysis required under subsection (a)(1), Federal agency representatives shall— (1) develop a Federal Government-wide working vision for resilience to the impacts of extreme weather events in the short- and long-term, in accordance with the purpose set forth in section 2(b), through an effort led by the Director and the interagency working group, which includes goals and objectives for key sectors. Key sectors shall include— (A) agriculture; (B) forestry and natural resources management; (C) water management, including supply and treatment; (D) energy supply and transmission; (E) infrastructure, including natural and built forms of water and wastewater, transportation, coastal infrastructure, and other landscapes and ecosystems services; (F) public health and healthcare delivery, including mental health and hazardous materials management; (G) communications, including wireless communications; (H) housing and other buildings; (I) national security; (J) emergency preparedness; (K) insurance; and (L) other sectors that the Director considers appropriate; (2) consider and identify the interdependencies among the key sectors when developing the vision referred to in paragraph (1); (3) create summaries of the existing and planned efforts and programmatic work underway or relevant to supporting State and local stakeholders in achieving greater extreme weather resilience in the short and long term for each sector identified under paragraph (1) and across the sectors, specifically including summaries of— (A) individual Federal agency programs, policies, regulations, and initiatives, and research and data collection and dissemination efforts; (B) areas of collaboration and coordination across Federal agencies; and (C) areas of coordination with State and local agencies, private entities, and regional cooperation; (4) identify specific Federal programs, statutes, regulations, policies, and initiatives which may unintentionally hinder resilience efforts, including an analysis of disincentives, barriers, and incompatible programs, policies, or initiatives across agencies and sectors; (5) examine how the severity and frequency of extreme weather events at the local and regional level may change in the future and communicate these potential risks to stakeholders; (6) work together to identify and evaluate existing Federal tools and data to describe, analyze, forecast, and model the potential impacts identified under paragraph (5) and develop recommendations to strengthen their ability to provide reliable and accurate forecasts at the national, regional, State, and local levels; (7) identify gaps and overlaps in Federal agency work, resources, and authorities that impair the ability of the United States to meet the vision for short- and long-term extreme weather resilience, by comparing the goals and objectives identified for each sector and across sectors with the summaries identified in paragraph (3), specifically identifying gaps relating to— (A) individual Federal agency programs, policies, and initiatives, and research data collection and dissemination efforts; (B) areas of collaboration and coordination across Federal agencies; (C) areas of coordination with State and local agencies and private entities, and regional cooperation; (8) determine potential measures to address the issues referred to in paragraph (4) and to address the gaps and overlaps referred to in paragraph (7) by— (A) designating individual or multiple Federal agencies to address these gaps; (B) building upon existing delivery mechanisms; (C) evaluating options for programs, policies, and initiatives that may particularly benefit extreme weather resilience efforts, including the role of ecosystem-based approaches; (D) recommending modifications to existing Federal agency programs, statutes, regulations, policies, and initiatives to better support extreme weather resiliency; (E) requesting new authorities and resource requirements, if needed; and (F) identifying existing Federal government processes that can be built upon to address the purpose of this Act; and (9) establish, with the assistance of the General Services Administration or such other Federal agency as the Director may designate, a Federal advisory working group to provide ongoing collective input to the process. (c) Working group The Federal advisory working group established pursuant to subsection (b)(9) shall consist of relevant private sector, academic, State and local government, tribal nation, regional organization, vulnerable population, and nongovernmental representatives, with representation from each sector described in paragraph (1). The Director may designate an existing Federal advisory committee under which the working group would operate independently, with the same rights and privileges held by members of the advisory committee. The members of the working group established pursuant to subsection (b)(9) may not simultaneously serve as members of the advisory committee designated pursuant to this subsection. The activities of the working group should complement and not duplicate the stakeholder process conducted under PPD-8. 5. National Extreme Weather Resilience Action Plan (a) In general Based on the results of the gap and overlap analysis conducted under section 4, the Director, working with the interagency working group established under such section, and considering the efforts described in section 2(a)(9), shall develop a National Extreme Weather Resilience Action Plan (referred to in this section as the Plan )— (1) to build upon existing Federal Government processes referred to in section 4(b)(8)(F)— (A) to address the results of the gap and overlap analysis under section 4; and (B) to incorporate the activities required under subsection (c); (2) to best utilize existing resources and programs through improved interagency coordination and collaboration; (3) to improve Federal coordination with existing regional entities, State and local governments, networks, and private stakeholders; (4) to make data and tools accessible and understandable and to help facilitate information exchange for tribal, State, and local officials, businesses, and other stakeholders in a manner that addresses the needs expressed by these stakeholders; (5) to facilitate public-private partnerships; (6) to improve Federal agencies’ economic analytical capacity to assess— (A) the likelihood and potential costs of extreme weather impacts by region and nationally; and (B) the relative benefits of potential resilience measures to multiple stakeholders; (7) to provide tools to stakeholders— (A) to conduct analyses similar to those described in paragraph (6); and (B) to support decisionmaking; (8) to support resiliency plans developed by State and local governments, regional entities, and tribal nations, to the extent possible; and (9) to request further resources, if necessary, to fill in gaps to enable national resilience to extreme weather, including resilience of tribal nations, and particularly vulnerable populations, and the use of green infrastructure and ecosystem-based solutions. (b) Cooperation Any Federal agency representative contacted by the Director, in the course of developing the Plan, shall be forthright and shall fully cooperate with the Office of Science and Technology Policy, as requested. (c) Required activities (1) Responsibilities The Plan shall include specific Federal agency and interagency responsibilities, identify potential new authorities, if necessary, and employ risk analysis— (A) to address the gaps identified through the gap and overlap analysis; and (B) to improve Federal interagency coordination and Federal coordination with State, regional, local, and tribal partners. (2) Available funding opportunities (A) Identification The Director shall identify— (i) existing Federal grant programs and other funding opportunities available to support State and local government extreme weather resiliency planning efforts; or (ii) projects to advance extreme weather resiliency. (B) Publication The Director shall publish the information described in subparagraph (A) in the information portal identified in paragraph (3). (C) Responsibilities Each participating agency shall— (i) consider incorporating criteria or guidance into existing relevant Federal grant and other funding opportunities to better support State and local efforts to improve extreme weather resiliency; and (ii) evaluate and modify existing Federal funding opportunities, as appropriate, to maximize the return on investment for pre-disaster mitigation activities. (3) Information portal (A) In general The Plan shall— (i) include the establishment of an online, publicly available information portal for use by Federal agencies, their partners, and stakeholders, that directs users to key data and tools to inform resilience-enhancing efforts; and (ii) build off and be complementary to existing Federal efforts, including data.gov. (B) Maintenance The coordinating entity identified under paragraph (3) shall be responsible for establishing and maintaining the information portal. (C) Information supplied Information shall be supplied as requested by Federal agencies, their partners, academia, and private stakeholders, in coordination with regional, State, local, and tribal agencies. (D) Contents The information portal established under this paragraph shall direct users to coordinated and systematic information on— (i) best or model practices; (ii) data; (iii) case studies; (iv) indicators; (v) scientific reports; (vi) resilience and vulnerability assessments; (vii) guidance documents and design standards; (viii) incentives; (ix) education and communication initiatives; (x) decision support tools, including risk management, short- and long-term economic analysis, and predictive models; (xi) planning tools; (xii) public and private sources of assistance; and (xiii) such other information as the coordinating entity considers appropriate. (4) Coordinating entity The Plan shall include the identification of a Federal agency, interagency council, office, or program, which participated in the gap and overlap analysis and Plan development. Such entity shall— (A) coordinate the implementation of the Plan; (B) track the progress of such implementation; and (C) transfer responsibilities to another Federal agency, interagency council, office, or program to serve as the coordinating entity if the entities participating in the working group agree that circumstances necessitate such a change. (5) Resiliency officer Each Federal agency that assists with the gap and overlap analysis required under section 4 shall designate, from among the agency’s senior management, a Senior Resiliency Officer, who shall— (A) facilitate the implementation of the agency’s responsibilities under paragraph (1); (B) monitor the agency’s progress and performance in implementing its responsibilities under paragraph (1); (C) report the agency’s progress and performance to the head of the agency and the coordinating entity identified under paragraph (3); and (D) serve as the agency lead in ongoing coordination efforts within the Federal agency and between the coordinating entity, other Federal agencies, public and private partners, and stakeholders. (d) Publication (1) Draft plan Not later than 420 days after the date of the enactment of this Act, the Director shall publish a draft of the Plan developed under this section in the Federal Register. (2) Public comment period During the 60-day period beginning on the date on which the draft Plan is published under paragraph (1), the Director shall— (A) solicit comment from the public; and (B) conduct a briefing for Congress to explain the provisions contained in the draft Plan. (3) Final plan Not later than 120 days after the end of the public comment period described in paragraph (2), the Director shall publish the final Plan in the Federal Register. (e) Implementation Not later than 630 days after the date of the enactment of this Act, the Director shall begin implementing the final Plan published under subsection (d)(3). (f) Financing To the extent possible— (1) Federal funding should be used to leverage private sector financing for resilience building activities, consistent with the implementation of the Plan, through public-private partnerships; and (2) Federal grant and loan programs of the Federal agencies participating in the interagency working group for this effort shall consider extreme weather resilience as a key factor when awarding funding, including the projected extreme weather risk to a project over the course of its expected life. (g) Tribal, state, and local responsibilities The Plan may not place new unfunded requirements on State or local governments. 6. Authorization of other activities (a) In general Federal agencies are authorized to develop tools and disseminate information to improve extreme weather resilience in the key sectors set forth in section 4(b)(1). (b) Office of science and technology policy In conducting the gap and overlap analysis under section 4 and developing the National Extreme Weather Resilience Action Plan under section 5, the Director may carry out additional activities in support of the purpose of this Act. 7. Reports (a) Government accountability office report Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to Congress that— (1) identifies existing Federal Government programs and policies related to disaster relief, response, and recovery that impede improving short- and long-term extreme weather resilience; and (2) make recommendations for how the programs or policies could be structured differently to better support short- and long-term resilience after an extreme weather event. (b) Initial report Not later than 2 years after the date of the enactment of this Act, the Director shall submit a report to Congress that contains— (1) the results of the gap and overlap analysis; (2) the final National Extreme Weather Resilience Action Plan; (3) an update on the implementation of the plan; and (4) available resources for the sustained implementation of the plan. (c) Triennial reports Not later than 2 years after the submission of the report under subsection (a), and every 3 years thereafter, the coordinating entity identified under section 5(c)(3), in cooperation with the interagency working group established under section 4(a), shall submit a report to Congress that— (1) contains an update of the National Extreme Weather Resilience Action Plan; (2) describes the progress of the plan’s implementation; (3) improves upon the original analysis as more information and understanding about extreme weather events becomes available; (4) establishes criteria for prioritization of activities described in the plan; (5) reconsiders and makes changes to the plan based on the availability of new information described in paragraph (3); and (6) identifies cost-effective changes to laws, policies, or regulations that could advance the purpose of this Act. (d) Fema reports on funding (1) Findings Congress finds the following: (A) The Federal Emergency Management Agency grant programs are a key vehicle that exists to fund activities related to resiliency planning and projects. (B) In order to ensure that the United States becomes more resilient to extreme weather, it is important to ensure that sufficient resources are available to support resiliency activities. (2) Reports At the end of each fiscal year, the Director of the Federal Emergency Management Agency (FEMA) shall submit a report to Congress that— (A) identifies the amounts that were made available to the FEMA during such fiscal year for State and local entities to use for activities that support the purposes of this Act; (B) identifies the amounts disbursed by FEMA to State and local entities during such fiscal year for such activities; (C) describes the resources requested by State and local entities for activities that support the purposes of this Act; and (D) identifies the difference between the amounts disbursed by FEMA and the amounts requested from FEMA by State and local entities. 8. Authorization of appropriations (a) Amounts for analysis, plan development and implementation, and reports There are authorized to be appropriated such sums as may be necessary for fiscal years 2014 through 2016— (1) to conduct the gap and overlap analysis required under section 4; (2) to conduct the activities required under section 5, including the creation and maintenance of the information portal; and (3) to prepare the reports to Congress required under subsections (b) and (c) of section 7. (b) Availability of funds Amounts appropriated pursuant to subsection (a) shall remain available for the purposes set forth in such subsection through December 31, 2016.

https://www.govinfo.gov/content/pkg/BILLS-113hr2322ih/xml/BILLS-113hr2322ih.xml

113-hr-2323

I 113th CONGRESS 1st Session H. R. 2323 IN THE HOUSE OF REPRESENTATIVES June 11, 2013 Mr. Pittenger introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Equal Credit Opportunity Act to repeal a small business loan data collection requirement. 1. Short title This Act may be cited as the Right to Lend Act of 2013 . 2. Small business loan data collection requirement (a) Repeal Section 704B of the Equal Credit Opportunity Act ( 15 U.S.C. 1691c–2 ) is repealed. (b) Conforming amendments Section 701(b) of the Equal Credit Opportunity Act ( 15 U.S.C. 1691(b) ) is amended— (1) in paragraph (3), by inserting or at the end; (2) in paragraph (4), by striking ; or and inserting a period; and (3) by striking paragraph (5). (c) Clerical amendment The table of sections for title VII of the Consumer Credit Protection Act is amended by striking the item relating to section 704B.

https://www.govinfo.gov/content/pkg/BILLS-113hr2323ih/xml/BILLS-113hr2323ih.xml

113-hr-2324

I 113th CONGRESS 1st Session H. R. 2324 IN THE HOUSE OF REPRESENTATIVES June 11, 2013 Mr. Schiff introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To repeal the Authorization for Use of Military Force. 1. Short title This Act may be cited as the Sunset to the Authorization for Use of Military Force Act . 2. Findings Congress finds the following: (1) On September 11, 2001, the United States and its citizens were victims of the worst terrorist attacks in world history. (2) The September 11, 2001, terrorist attacks were planned, financed, and executed by al Qaeda, a terrorist organization led by Osama bin Laden. (3) Al Qaeda was based in Afghanistan throughout the period leading up to the attacks, and the three previous attacks against United States targets, the 1993 World Trade Center bombing, the 1998 East Africa bombings, and the 2000 attack on the USS Cole, were planned by al Qaeda central. (4) From 1996 to 2001, the Taliban government of Afghanistan knowingly harbored al Qaeda, and was complicit in its plots against the United States, and that al Qaeda, in turn, supported the Taliban, including sponsoring and training the elite Arab 55th Brigade of the Taliban Army. (5) Following the September 11, 2001, attacks Congress passed the Authorization for Use of Military Force ( Public Law 107–40 ; 50 U.S.C. 1541 note) to provide the President with requisite authorization to use force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons . (6) Following passage of Public Law 107–40 , and consistent with its purpose, the United States invaded Afghanistan, resulting in the toppling of the Taliban government and the routing of al Qaeda forces in the country. (7) Osama bin Laden and other senior al Qaeda leaders left Afghanistan in the wake of the United States invasion, with many fleeing to neighboring Pakistan. (8) Many of al Qaeda’s senior leaders, including Osama bin Laden, Khalid Sheikh Mohammed, Abu Yahya al-Libi, and Abu Hamza Rabia have either been killed or captured by United States forces in the years since the 2001 terrorist attacks. (9) Intelligence experts now describe al Qaeda’s core as largely decimated, and Director of National Intelligence James Clapper told Congress in early 2013, that al Qaeda’s core had been so degraded that it is probably unable to carry out complex, large-scale attacks in the West . (10) Congress never intended and did not authorize a perpetual war. (11) With the withdrawal of United States combat troops from Afghanistan and the transition to Afghan national security forces at the end of 2014, Public Law 107–40 , which was focused on the September 11th attacks and those directly responsible, will have largely served its purpose. (12) The homeland and the American people face new threats from individuals, entities, and organizations that may affiliate with al Qaeda, or share its ideology and its determination to attack Americans, but which may not be connected to the September 11, 2001, attacks or those who carried them out to a degree sufficient to be covered by Public Law 107–40 . (13) Even after the expiration of Public Law 107–40 , there is likely to remain the need to defend against specific networks of violent extremists, including al Qaeda and its affiliates, that threaten the United States, and the Congress urges the President to work with the legislative branch to secure whatever new authorities may be required to meet the threat and comply with the Constitution, the War Powers Resolution, and the law of war. 3. Repeal of Authorization for Use of Military Force Effective on December 31, 2014, the Authorization for Use of Military Force ( Public Law 107–40 ; 50 U.S.C. 1541 note) is hereby repealed.

https://www.govinfo.gov/content/pkg/BILLS-113hr2324ih/xml/BILLS-113hr2324ih.xml

113-hr-2325

I 113th CONGRESS 1st Session H. R. 2325 IN THE HOUSE OF REPRESENTATIVES June 11, 2013 Mr. Smith of Washington (for himself and Mr. Gibson ) introduced the following bill; which was referred to the Committee on Armed Services , and in addition to the Committee on Foreign Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for the disposition of certain persons detained in the United States pursuant to the Authorization for Use of Military Force. 1. Short title This Act may be cited as the Due Process and Military Detention Amendments Act . 2. Disposition of covered persons detained in the United States pursuant to the Authorization for Use of Military Force (a) Disposition Section 1021 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1562; 10 U.S.C. 801 note) is amended— (1) in subsection (c), by striking The disposition and inserting Except as provided in subsection (g), the disposition ; and (2) by adding at the end the following new subsections: (g) Disposition of persons detained in the United States (1) Persons detained pursuant to the Authorization for Use of Military Force or the Fiscal Year 2012 National Defense Authorization Act In the case of a covered person who is detained in the United States, or a territory or possession of the United States, pursuant to the Authorization for Use of Military Force ( Public Law 107–40 ; 50 U.S.C. 1541 note) or this Act, disposition under the law of war shall occur immediately upon the person coming into custody of the Federal Government and shall only mean the immediate transfer of the person for trial and proceedings by a court established under article III of the Constitution of the United States or by an appropriate State court. Such trial and proceedings shall have all the due process as provided for under the Constitution of the United States. (2) Prohibition on transfer to military custody No person detained, captured, or arrested in the United States, or a territory or possession of the United States, may be transferred to the custody of the Armed Forces for detention under the Authorization for Use of Military Force or this Act. (h) Rule of construction This section shall not be construed to authorize the detention of a person within the United States, or a territory or possession of the United States, under the Authorization for Use of Military Force or this Act. . (b) Repeal of requirement for military custody (1) Repeal Section 1022 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 125 Stat. 1563; 10 U.S.C. 801 note) is hereby repealed. (2) Conforming amendment Section 1029(b) of such Act ( Public Law 112–81 ; 125 Stat. 1569; 10 U.S.C. 801 note) is amended by striking applies to and all that follows through any other person and inserting applies to any person .

https://www.govinfo.gov/content/pkg/BILLS-113hr2325ih/xml/BILLS-113hr2325ih.xml

113-hr-2326

I 113th CONGRESS 1st Session H. R. 2326 IN THE HOUSE OF REPRESENTATIVES June 11, 2013 Mr. Thompson of Mississippi introduced the following bill; which was referred to the Committee on Natural Resources A BILL To authorize the Secretary of the Interior to conduct a special resource study of the Medgar Evers House, located in Jackson, Mississippi, and for other purposes. 1. Short title This Act may be cited as the Medgar Evers House Study Act . 2. Special resource study (a) Study The Secretary of the Interior shall conduct a special resource study of the home of the late civil rights activist Medgar Evers, located at 2332 Margaret Walker Alexander Drive in Jackson, Mississippi. (b) Contents In conducting the study under subsection (a), the Secretary shall— (1) evaluate the national significance of the site; (2) determine the suitability and feasibility of designating the site as a unit of the National Park System; (3) consider other alternatives for preservation, protection, and interpretation of the site by Federal, State, or local governmental entities, or private and nonprofit organizations; (4) consult with interested Federal, State, or local governmental entities, private and nonprofit organizations or any other interested individuals; and (5) identify cost estimates for any Federal acquisition, development, interpretation, operation, and maintenance associated with the alternatives. (c) Applicable law The study required under subsection (a) shall be conducted in accordance with section 8 of National Park Service General Authorities Act ( 16 U.S.C. 1a–5 ). (d) Report Not later than 3 years after the date on which funds are first made available for the study under subsection (a), the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report containing the results of the study and any conclusions and recommendations of the Secretary.

https://www.govinfo.gov/content/pkg/BILLS-113hr2326ih/xml/BILLS-113hr2326ih.xml

113-hr-2327

I 113th CONGRESS 1st Session H. R. 2327 IN THE HOUSE OF REPRESENTATIVES June 12, 2013 Mr. Miller 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 establish in the Department of Veterans Affairs a Veterans Economic Opportunity Administration, and for other purposes. 1. Short title This Act may be cited as the Veterans Economic Opportunity Administration Act of 2013 . 2. Establishment of Veterans Economic Opportunity Administration of Department of Veterans Affairs (a) Economic Opportunity Administration Part V of title 38, United States Code, is amended by adding at the end the following new chapter: 80 Veterans Economic Opportunity Administration 8001. Organization of Administration. 8002. Functions of Administration. 8001. Organization of Administration (a) Veterans Economic Opportunity Administration There is in the Department of Veterans Affairs a Veterans Economic Opportunity Administration. The primary function of the Veterans Economic Opportunity Administration is the administration of the programs of the Department which provide assistance related to economic opportunity to veterans and their dependents and survivors. (b) Under Secretary for Economic Opportunity The Veterans Economic Opportunity Administration is under the Under Secretary for Veterans Economic Opportunity, who is directly responsible to the Secretary for the operations of the Administration. 8002. Functions of Administration The Veterans Economic Opportunity Administration is responsible for the administration of the following programs of the Department: (1) Vocational rehabilitation and employment programs. (2) Educational assistance programs. (3) Veterans’ housing loan and related programs. (4) Veterans small business programs, including the program under section 8127 of this title. . (b) Clerical amendments The tables of chapters at the beginning of title 38, and of part V of title 38, are each amended by inserting after the item relating to chapter 79 the following new item: 80. Veterans Economic Opportunity Administration 8001 . 3. Under Secretary for Veterans Economic Opportunity (a) Under Secretary Chapter 3 of title 38, United States Code, is amended by inserting after section 306 the following new section: 306A. Under Secretary for Veterans Economic Opportunity (a) Under Secretary There is in the Department an Under Secretary for Veterans Economic Opportunity, who is appointed by the President, by and with the advice and consent of the Senate. The Under Secretary for Veterans Economic Opportunity shall be appointed without regard to political affiliation or activity and solely on the basis of demonstrated ability in— (1) information technology; and (2) the administration of programs within the Veterans Economic Opportunity Administration or programs of similar content and scope. (b) Responsibilities The Under Secretary for Veterans Economic Opportunity is the head of, and is directly responsible to the Secretary for the operations of, the Veterans Economic Opportunity Administration. (c) Vacancies (1) Whenever a vacancy in the position of Under Secretary for Veterans Economic Opportunity occurs or is anticipated, the Secretary shall establish a commission to recommend individuals to the President for appointment to the position. (2) A commission established under this subsection shall be composed of the following members appointed by the Secretary: (A) Three persons representing education and training, vocational rehabilitation, employment, real estate, mortgage finance and related industries, and survivor benefits activities affected by the Veterans Economic Opportunity Administration. (B) Two persons representing veterans served by the Veterans Economic Opportunity Administration. (C) Two persons who have experience in the management of private sector benefits programs of similar content and scope to the economic opportunity programs of the Department. (D) The Deputy Secretary of Veterans Affairs. (E) The chairman of the Veterans’ Advisory Committee on Education formed under section 3692 of this title. (F) One person who has held the position of Under Secretary for Veterans Economic Opportunity, if the Secretary determines that it is desirable for such person to be a member of the commission. (3) A commission established under this subsection shall recommend at least three individuals for appointment to the position of Under Secretary for Veterans Economic Opportunity. The commission shall submit all recommendations to the Secretary. The Secretary shall forward the recommendations to the President and the Committees on Veterans’ Affairs of the Senate and House of Representatives with any comments the Secretary considers appropriate. Thereafter, the President may request the commission to recommend additional individuals for appointment. (4) The Assistant Secretary or Deputy Assistant Secretary of Veterans Affairs who performs personnel management and labor relations functions shall serve as the executive secretary of a commission established under this subsection. (d) Qualifications of recommended individuals Each individual recommended to the President by the commission for appointment to the position of Under Secretary for Veterans Economic Opportunity shall be an individual who has held a senior level position in the private sector with responsibilities relating to at least one of the following: (1) Education policy. (2) Vocational rehabilitation. (3) Employment. (4) Home loan finance. (5) Small business development. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 306 the following new item: 306A. Under Secretary for Veterans Economic Opportunity. . (c) Conforming amendments Such title is further amended— (1) in section 7701(a), by inserting after assistance the following: , other than assistance related to economic opportunity, ; (2) in section 7703, by striking paragraphs (2) and (3) and redesignating paragraphs (4) and (5) as paragraphs (2) and (3), respectively; (3) in section 306(c)(2), by striking subparagraphs (A) and (E) and redesignating subparagraphs (B), (C), (D), and (F), as subparagraphs (A) through (D), respectively; (4) in section 317(d), by inserting after Under Secretary for Benefits the following: , the Under Secretary for Veterans Economic Opportunity, ; (5) in section 318(d)(2), by inserting after Under Secretary for Benefits the following: , the Under Secretary for Veterans Economic Opportunity, ; (6) in section 516(e)(2)(C), by striking Health and the Under Secretary for Benefits and inserting Health, the Under Secretary for Benefits, and the Under Secretary for Veterans Economic Opportunity ; (7) in section 541(a)(2)(B), by striking Health and the Under Secretary for Benefits and inserting Health, the Under Secretary for Benefits, and the Under Secretary for Veterans Economic Opportunity ; (8) in section 542(a)(2)(A)(iii), by striking Health and the Under Secretary for Benefits and inserting Health, the Under Secretary for Benefits, and the Under Secretary for Veterans Economic Opportunity ; (9) in section 544(a)(2)(B)(vi), by striking Health and the Under Secretary for Benefits and inserting Health, the Under Secretary for Benefits, and the Under Secretary for Veterans Economic Opportunity ; and (10) in section 709(c)(2)(A), by inserting after Under Secretary for Benefits the following: , the Under Secretary for Veterans Economic Opportunity, . (d) Full-Time employees For fiscal year 2014, the aggregate number of full-time equivalent employees authorized for the Veterans Benefit Administration and the Veterans Economic Opportunity Administration, as established under chapter 80 of title 38, United States Code, as added by section 2, may not exceed 20,851.

https://www.govinfo.gov/content/pkg/BILLS-113hr2327ih/xml/BILLS-113hr2327ih.xml

113-hr-2328

I 113th CONGRESS 1st Session H. R. 2328 IN THE HOUSE OF REPRESENTATIVES June 12, 2013 Mr. Rogers of Michigan (for himself, Mr. Barrow of Georgia , Mrs. Blackburn , Mr. Roe of Tennessee , Mr. Kinzinger of Illinois , Mr. Duffy , Mr. Clay , Mr. Harris , Mrs. Bachmann , Mr. Duncan of South Carolina , Mr. Cassidy , Mr. Palazzo , Mr. Conaway , Mr. Dent , Mr. Womack , Mr. Grimm , Mr. Huelskamp , Mr. Rokita , Mr. Joyce , Mr. McKinley , Mr. Griffith of Virginia , Mr. Bishop of Georgia , Mr. Burgess , Mrs. Capito , Mr. Gingrey of Georgia , and Mr. Young of Indiana ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title XXVII of the Public Health Service Act to preserve consumer and employer access to licensed independent insurance producers. 1. Short title This Act may be cited as the Access to Professional Health Insurance Advisors Act of 2013 . 2. Findings Congress finds the following: (1) Licensed independent insurance producers (agents and brokers) provide a wide range of services for both individual consumers and the business community. Producers interface with insurers, acquire quotes, analyze plan options, and consult clients through the purchase of health insurance. (2) Licensed independent insurance producers provide guidance regarding benefit and contribution arrangements to ensure compliance with applicable State and Federal laws and regulations; assist with establishing section 125 plan tax savings under the Internal Revenue Code, health reimbursement arrangements, flexible spending arrangements, and other programs to maximize tax advantages and ensure compliance with applicable Internal Revenue Service guidelines; create educational materials and provide on-site assistance to aid in employee benefit communication; assist in managing eligibility for new hires and terminated employees; provide advocacy for employees through the health insurance claim process; and advocate for employers with insurers in developing proposals, renewals, and for service issues throughout the year. (3) In order to meet these responsibilities, licensed independent insurance producers are required to complete continuing education on an ongoing basis in order to maintain appropriate licenses. This requirement to maintain educational standards helps assure the insured public that producers remain current with the ever-evolving insurance market. (4) It is essential that licensed independent insurance producers continue to perform these duties, and others, as the Patient Protection and Affordable Care Act has made significant changes to the regulatory environment for health plans. To understand these changes, employers and consumers will need professional guidance even more in the future. This service is especially important for small businesses, as such producers often fill the role of a human resources department as well as professional consultant. (5) The National Association of Insurance Commissioners—whose core mission is to protect consumers in all aspects of the business of insurance—strongly advocates for the continuing role of licensed independent insurance producers in health insurance, and has expressed that the ability of insurance agents and brokers to continue assisting health insurance consumers at a time of rapid insurance market changes is more essential than ever. (6) It is critical that the indispensable role played by licensed independent insurance producers is recognized and protected. 3. Protecting the ability of licensed independent insurance producers to continue to serve the public (a) In general Section 2718 of the Public Health Service Act ( 42 U.S.C. 300gg et seq. ), as inserted by section 1001 and amended by section 10101(f) of the Patient Protection and Affordable Care Act, is amended— (1) in subsection (a)(3), by inserting , remuneration paid for licensed independent insurance producers, after State taxes ; (2) in subsection (b)(1)(A)— (A) in the matter preceding clause (i), by inserting , remuneration paid for licensed independent insurance producers, after State taxes ; and (B) in clause (ii), by inserting or small group market before in such State ; (3) in subsection (b)(1)(B), by inserting , remuneration paid for licensed independent insurance producers, after State taxes ; (4) in subsection (d), by inserting or small group market after individual market ; and (5) by adding at the end the following new subsection: (f) Independent insurance producer remuneration definitions For purposes of this section: (1) The term independent insurance producer means an insurance agent or broker, insurance consultant, benefit specialist, limited insurance representative, and any other person required to be licensed under the laws of the particular State to sell, solicit, negotiate, service, effect, procure, renew or bind policies of insurance coverage or offer advice, counsel, opinions, or services related to insurance. (2) The term remuneration means compensation earned from an insurance issuer for services rendered under contractual agreement which may include commissions or any other thing of value but which shall not include production bonuses. . (b) Regulations Not later than 60 days after the date of the enactment of this Act, the Secretary of Health and Human Services, in coordination with the National Association of Insurance Commissioners, shall amend any applicable regulations so as to take the amendments made by subsection (a) into account.

https://www.govinfo.gov/content/pkg/BILLS-113hr2328ih/xml/BILLS-113hr2328ih.xml

113-hr-2329

I 113th CONGRESS 1st Session H. R. 2329 IN THE HOUSE OF REPRESENTATIVES June 12, 2013 Mr. Smith of Nebraska (for himself, Mr. Sam Johnson of Texas , Mr. Nunes , Mr. Tiberi , Mr. Roskam , Mr. Price of Georgia , Mr. Schock , Mrs. Black , Mr. Reed , Mr. Young of Indiana , Mr. Kelly of Pennsylvania , Mr. Benishek , and Ms. Jenkins ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to provide for a maximum period of 2 years for submissions of Medicare part B claims originally submitted by hospitals as Medicare part A claims and of 60 days for certain such submissions for one-day stays; and for other purposes. 1. Short title This Act may be cited as the Administrative Relief and Accurate Medicare Payments Act of 2013 . 2. Maximum period of 2 years for submissions of Medicare part B claims originally submitted by hospitals as Medicare part A claims and of 60 days for certain such submissions for one-day stays (a) Timely submission as condition for provider payment (1) In general Section 1835 of the Social Security Act ( 42 U.S.C. 1395n ) is amended— (A) in subsection (a)(1), by inserting before the semicolon the following: or, in the case of a claim described in paragraph (1) or (2) of subsection (f), no later than the close of the period described in such respective paragraph ; and (B) by adding at the end the following new subsection: (f) For purposes of subsection (a)(1) and section 1842(b)(3)(B)— (1) in the case of a claim not described in paragraph (2) for hospital services submitted under this part for which there was a previous claim as inpatient hospital services under part A that was denied as not reasonable and necessary pursuant to section 1862(a)(1), the period described in this paragraph is the period ending 2 calendar years after the date of service; and (2) in the case of a claim for hospital services submitted under this part for which there was a previous claim as inpatient hospital services under part A for a length of stay that does not include more than one midnight that was denied as not reasonable and necessary by a qualified independent contractor through a reconsideration conducted under section 1869(c), the period described in this paragraph is the period ending 60 days after the date of receipt of the notice required under section 1869(c)(3)(C)(i) of the decision for such denial with respect to such reconsideration. . (2) Conforming amendment to exceptions authority Section 1835(a) of such Act (42 U.S.C. 1395n(a)) is amended in the last sentence by inserting and the periods described in paragraphs (1) and (2) of subsection (f) after 1 calendar year period specified in such paragraph . (b) Application to reasonable charge administrative provision (1) In general Section 1842(b)(3)(B) of the Social Security Act (42 U.S.C. 1395u(b)(3)(B)) is amended by inserting or, in the case of a claim described in paragraph (1) or (2) of section 1835(f), no later than the close of the period described in such respective paragraph after date of service . (2) Conforming amendment to exceptions authority Section 1842(b)(3) of such Act (42 U.S.C. 1395u(b)(3)) is amended in the last sentence by inserting and the periods described in paragraphs (1) and (2) of section 1835(f) after 1 calendar year period specified in such paragraph . (c) Effective date The amendments made by this section shall apply to services furnished on or after October 1, 2013. 3. Maximum look-back period of 3 years for Medicare recovery audit contractors’ audit and recovery activities (a) In general Section 1893(h)(4)(B) of the Social Security Act (42 U.S.C. 1395ddd(h)(4)(B)) is amended by striking 4 fiscal years and inserting 3 fiscal years . (b) Effective date The amendment made by subsection (a) shall apply with respect to payments made for items and services furnished on or after October 1, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr2329ih/xml/BILLS-113hr2329ih.xml

113-hr-2330

I 113th CONGRESS 1st Session H. R. 2330 IN THE HOUSE OF REPRESENTATIVES June 12, 2013 Mr. Bilirakis (for himself, Mr. Butterfield , Mrs. Capps , Mr. Guthrie , Mr. Michaud , Mr. McKinley , Mr. Gerlach , Mr. Huizenga of Michigan , and Mr. Meehan ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to provide comprehensive audiology services to Medicare beneficiaries, and for other purposes. 1. Short title This Act may be cited as the Medicare Audiology Services Enhancement Act of 2013 . 2. Comprehensive audiology services for Medicare beneficiaries (a) In general Section 1861 of the Social Security Act ( 42 U.S.C. 1395x ) is amended— (1) in subsection (s)(2)— (A) in subparagraph (EE), by striking and at the end; (B) in subparagraph (FF), by adding and at the end; and (C) by adding at the end the following new subparagraph: (GG) audiology services (as defined in subsection (ll)(3)); ; and (2) by amending paragraph (3) of subsection (ll) to read as follows: (3) The term audiology services means only the following services furnished by a qualified audiologist as the audiologist is legally authorized to perform under State law (or the State regulatory mechanism provided by State law), pursuant to an order or referral by a physician, as would otherwise be covered if furnished by a physician: (A) Hearing and balance assessment services. (B) Auditory treatment services, including auditory processing and auditory rehabilitation treatment. (C) Vestibular treatment services. (D) Intraoperative neurophysiologic monitoring services. . (b) Payment under part B under physician fee schedule for comprehensive audiology services Section 1848(j)(3) of the Social Security Act (42 U.S.C. 1395w–4(j)(3)) is amended by inserting (2)(GG), before (3), . (c) Audiology services performed in hospitals excluded from inpatient hospital services Section 1861(b)(4) of the Social Security Act (42 U.S.C. 1395x(b)(4)) is amended by striking and services of a certified registered nurse anesthetist and inserting services of a certified registered nurse anesthetist, and inter-operative neurophysiological monitoring provided by a physician or qualified audiologist (as defined in subsection (ll)(4)(B)) . (d) Requirements of service Section 1835(a)(2) of the Social Security Act (42 U.S.C. 1395n(a)(2)) is amended— (1) in subparagraph (B), by striking and (D) and inserting (D), and (GG) ; (2) by striking and at the end of subparagraph (E); (3) by striking the period at the end of subparagraph (F) and inserting ; and ; and (4) by inserting after subparagraph (F) the following new subparagraph: (G) in the case of outpatient audiology services, (i) such services are or were required because the individual needed the specialized services of a physician or qualified audiologist to furnish such audiology services, (ii) a plan of care for furnishing such services has been established by the physician or qualified audiologist and is submitted to and periodically reviewed by the referring or ordering physician, and (iii) such services are or were furnished while the individual is or was under the care of a physician. . (e) Audiology services included as designated health services for purposes of limitation on certain physician referrals Section 1877(h)(6) of the Social Security Act ( 42 U.S.C. 1395nn(h)(6) ) is amended by adding at the end the following new subparagraph: (M) Audiology services (as defined in section 1861(ll)(3)). . (f) Participation in Medicare Nothing in this section shall be construed to require a qualified audiologist (as defined in section 1861(ll)(4)(B) of the Social Security Act ( 42 U.S.C. 1395x(ll)(4)(B) )) to participate in the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). (g) Effective date The amendments made by this section shall apply to services furnished on or after January 1, 2014.

https://www.govinfo.gov/content/pkg/BILLS-113hr2330ih/xml/BILLS-113hr2330ih.xml

113-hr-2331

I 113th CONGRESS 1st Session H. R. 2331 IN THE HOUSE OF REPRESENTATIVES June 12, 2013 Mr. Griffith of Virginia introduced the following bill; which was referred to the Committee on Agriculture A BILL To provide for the conveyance of a small parcel of National Forest System land in Pound, Virginia. 1. Definitions In this Act: (1) Association The term Association means the Mullins and Sturgill Cemetery Association of Pound, Virginia. (2) Map The term map means the map titled Mullins and Sturgill Cemetery dated March 1, 2013. (3) Secretary The term Secretary means the Secretary of Agriculture. 2. Conveyance (a) Conveyance required Upon payment by the Association of the consideration under subsection (b) and the costs under subsection (d), the Secretary shall, subject to valid existing rights, convey to the Association all right, title, and interest of the United States in and to a parcel of National Forest System land in the Jefferson National Forest in Wise County, Virginia, consisting of approximately 0.70 acres and containing the Mullins and Sturgill Cemetery and an easement to provide access to the parcel, as generally depicted on the map. (b) Consideration (1) Fair market value As consideration for the land conveyed under subsection (a), the Association shall pay to the Secretary cash in an amount equal to the market value of the land, as determined by an appraisal approved by the Secretary and conducted in conformity with the Uniform Appraisal Standards for Federal Land Acquisitions and section 206 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716 ). (2) Deposit The consideration received by the Secretary under paragraph (1) shall be deposited into the general fund of the Treasury of the United States for the purposes of deficit reduction. (c) Description of property The exact acreage and legal description of the land to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. (d) Costs The Association shall pay to the Secretary at closing the reasonable costs of the survey, the appraisal, and any administrative and environmental analyses required by law. (e) Additional terms and conditions The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

https://www.govinfo.gov/content/pkg/BILLS-113hr2331ih/xml/BILLS-113hr2331ih.xml

113-hr-2332

I 113th CONGRESS 1st Session H. R. 2332 IN THE HOUSE OF REPRESENTATIVES June 12, 2013 Mr. Kilmer (for himself, Mr. Kind , Mr. Markey , Ms. Moore , Mr. Heck of Washington , Mr. Larsen of Washington , Mr. Becerra , Mr. Cárdenas , Ms. McCollum , Mr. Blumenauer , Mr. Honda , Ms. Hanabusa , Mr. Pocan , Ms. Slaughter , Mr. Cole , Mr. Keating , Mr. Hastings of Florida , Mr. Grimm , Mr. Conyers , Mr. Moran , and Mr. Young of Alaska ) 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 recognize Indian tribal governments for purposes of determining under the adoption credit whether a child has special needs. 1. Short title This Act may be cited as the Adoption Tax Credit Tribal Parity Act of 2013 . 2. Recognizing Indian tribal governments for purposes of determining under the adoption credit whether a child has special needs (a) In general Paragraph (3) of section 23(d) of the Internal Revenue Code of 1986 (defining child with special needs) is amended— (1) in subparagraph (A), by inserting or Indian tribe (as defined in section 7871(c)(3)(E)) after the words a State ; and (2) in subparagraph (B), by inserting or Indian tribe after the words such State . (b) Effective date The amendment made by subsection (a) shall apply to taxable years beginning after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2332ih/xml/BILLS-113hr2332ih.xml

113-hr-2333

I 113th CONGRESS 1st Session H. R. 2333 IN THE HOUSE OF REPRESENTATIVES June 12, 2013 Mr. Larsen of Washington (for himself and Mr. Reichert ) introduced the following bill; which was referred to the Committee on Small Business A BILL To amend the Small Business Act to provide for the permanent establishment of the State Trade and Export Promotion Grant Program, and for other purposes. 1. Short title This Act may be cited as the Next STEP Act of 2013 . 2. State trade and export promotion grant program The Small Business Act (15 U.S.C. 631 et seq.) is amended— (1) by redesignating section 47 as section 48; and (2) by inserting after section 46 the following: 47. State trade and export promotion grant program (a) Definitions In this section— (1) the term eligible small business concern means a small business concern that— (A) has been in business for not less than the 1-year period ending on the date on which assistance is provided using a grant under this section; (B) is operating profitably, based on operations in the United States; (C) has demonstrated understanding of the costs associated with exporting and doing business with foreign purchasers, including the costs of freight forwarding, customs brokers, packing and shipping, as determined by the Associate Administrator; and (D) has in effect a strategic plan for exporting; (2) the term program means the State Trade and Export Promotion Grant Program established under subsection (b); (3) the term small business concern owned and controlled by women has the meaning given that term in section 3; (4) the term socially and economically disadvantaged small business concern has the meaning given that term in section 8(a)(4)(A); and (5) the term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa. (b) Establishment of program The Associate Administrator for International Trade appointed under section 22(a)(2) (hereinafter in this section referred to as the Associate Administrator ) shall establish a trade and export promotion program to be known as the State Trade and Export Promotion Grant Program, to make grants to States to carry out export programs that assist eligible small business concerns in— (1) participation in a foreign trade mission; (2) a foreign market sales trip; (3) a subscription to services provided by the Department of Commerce; (4) the payment of Web site translation fees; (5) the design of international marketing media; (6) a trade show exhibition; (7) participation in training workshops; or (8) any other export initiative determined appropriate by the Associate Administrator. (c) Grants (1) Joint review In carrying out the program, the Associate Administrator may make a grant to a State to increase the number of eligible small business concerns in the State that export or to increase the value of the exports by eligible small business concerns in the State. (2) Priority In making grants under this section, the Associate Administrator may give priority to an application by a State that proposes a program that— (A) focuses on eligible small business concerns as part of an export promotion program; (B) demonstrates success in promoting exports by— (i) socially and economically disadvantaged small business concerns; (ii) small business concerns owned or controlled by women; and (iii) rural small business concerns; (C) promotes exports from a State that is not 1 of the 10 States with the highest percentage of exporters that are small business concerns, based upon the latest data available from the Department of Commerce; and (D) promotes new-to-market export opportunities to the People’s Republic of China for eligible small business concerns in the United States. (3) Limitations (A) Single application A State may not submit more than 1 application for a grant under the program in any 1 fiscal year. (B) Proportion of amounts The total value of grants under the program made during a fiscal year to the 10 States with the highest number of exporters that are small business concerns, based upon the latest data available from the Department of Commerce, shall be not more than 40 percent of the amounts appropriated for the program for that fiscal year. (4) Application A State desiring a grant under the program shall submit an application at such time, in such manner, and accompanied by such information as the Associate Administrator may establish. (d) Competitive basis The Associate Administrator shall award grants under the program on a competitive basis. (e) Federal share The Federal share of the cost of an export program carried out using a grant under the program shall be— (1) for a State that has a high export volume, as determined by the Associate Administrator, not more than 65 percent; and (2) for a State that does not have a high export volume, as determined by the Associate Administrator, not more than 75 percent. (f) Non-Federal share The non-Federal share of the cost of an export program carried using a grant under the program shall be comprised of not less than 50 percent cash and not more than 50 percent of indirect costs and in-kind contributions, except that no such costs or contributions may be derived from funds from any other Federal program. (g) Annual reports The Associate Administrator shall submit an annual report to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives regarding the program, which shall include— (1) the number and amount of grants made under the program during the preceding year; (2) a list of the States receiving a grant under the program during the preceding year, including the activities being performed with that grant; and (3) the effect of each grant on exports by eligible small business concerns in the State receiving the grant. (h) Public Web Site The Associate Administrator shall establish and maintain, on a publicly accessible Internet Web site of the Administration— (1) a list of each grant awarded under the program, the amount of the grant, and the identity of the grantee State; and (2) grant management guidance for recipients including required forms, no-cost extension and carryover information, and a schedule for reimbursements to recipients. (i) Enhanced reporting requirements The Associate Administrator shall— (1) document and maintain all analyses, evaluations, and rationales used to award grants under this section; (2) ensure that the goals of recipients of those grants are consistent with the purposes of this section and hold them accountable for adhering to reporting requirements established under this section; (3) perform reviews of quarterly reports submitted by grant recipients under this section; and (4) in cases where grant recipients do not proposed performance goals, require grant recipients to provide the Associate Administrator with revised work plans and budget estimates to meet those goals. (j) Authorization of appropriations (1) In general There are authorized to be appropriated for each of the fiscal years such sums as may be necessary to carry out this Act and the amendments made by this Act. (2) Other amounts Amounts appropriated pursuant to the authorization of appropriations in paragraph (1) shall be in addition to the amounts otherwise available to carry out this Act and the amendments made by this Act. (3) Availability Amounts appropriated pursuant to the authorization of appropriations in paragraph (1) are authorized to remain available until expended. . 3. Repeal of pilot program Section 1207 of the Small Business Jobs Act of 2010 ( 15 U.S.C. 649b note) is hereby repealed.

https://www.govinfo.gov/content/pkg/BILLS-113hr2333ih/xml/BILLS-113hr2333ih.xml

113-hr-2334

I 113th CONGRESS 1st Session H. R. 2334 IN THE HOUSE OF REPRESENTATIVES June 12, 2013 Mr. Ben Ray Luján of New Mexico (for himself, Ms. Michelle Lujan Grisham of New Mexico , Mr. Pearce , and Mr. Cárdenas ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To assist coordination among science, technology, engineering, and mathematics efforts in the States, to strengthen the capacity of elementary schools, middle schools, and secondary schools to prepare students in science, technology, engineering, and mathematics, and for other purposes. 1. Short title This Act may be cited as the STEM Support for Teachers in Education and Mentoring (STEM) Act or the STEM² Act . 2. STEM education planning and training (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 STEM education planning and training 2501. Definitions In this part: (1) Indian tribe; tribal organization The terms Indian tribe and tribal organization have the meanings given those terms in section 4 of the Indian Self-Determination and Education Assistance Act. (2) STEM The term STEM means science, technology, engineering, and mathematics. 2502. Planning grants (a) Purpose The purpose of this section is to address the lack of coordination among STEM education efforts in the States. (b) Definition of eligible entity In this section, the term eligible entity means a State, Indian tribe, tribal organization, nonprofit organization, or institution of higher education that identifies a coalition of related entities to participate in the grant application process under this section and subsequent STEM network activities funded with a grant awarded under this section. (c) Grants authorized (1) In general From amounts made available to carry out this section, the Secretary shall carry out a program of awarding, on a competitive basis, planning grants to eligible entities to enable the eligible entities to— (A) develop effective State or tribal STEM networks for communication and collaboration that include school teachers, institutions of higher education, nonprofit organizations, businesses, Federal, State, and local governments, and any other relevant entities; and (B) through such State STEM networks, identify future STEM skills needed for STEM and non-STEM occupations. (2) Proportionality In awarding grants under this section, the Secretary shall, to the extent practicable, ensure a distribution of grant funds focused on high-need and high-poverty eligible entities. (d) Application An eligible entity 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. (e) Reports (1) Reports to the Secretary An eligible entity receiving a grant under this section shall submit to the Secretary an annual report describing the progress made on the grant. (2) Reports to Congress Not later than 3 years after the date of enactment of the STEM Support for Teachers in Education and Mentoring (STEM) Act , and every 3 years thereafter, the Secretary shall submit a report to Congress regarding the program supported under this section. 2503. Training program grants (a) Purpose The purpose of this section is to strengthen the capacity of preservice and existing teachers, elementary schools, middle schools, and secondary schools to use proven methods, including inquiry or project-based learning, to inspire and prepare students for STEM careers and build STEM literacy. (b) Definition of eligible entity In this section, the term eligible entity means a State, Indian tribe, tribal organization, local educational agency, institution of higher education, or nonprofit organization. (c) Grants authorized (1) In general From amounts made available to carry out this section, the Secretary shall carry out a program of awarding grants, on a competitive basis, to eligible entities to enable the eligible entities to develop, carry out, and evaluate training programs for STEM education— (A) in elementary schools, middle schools, and secondary schools for existing teachers; and (B) in postsecondary schools for preservice teachers. (2) Proportionality In awarding grants under this section, the Secretary shall, to the extent practicable, ensure an equitable distribution— (A) between eligible entities serving urban areas and eligible entities serving rural areas; and (B) of grant funds focused on high-need and high-poverty eligible entities. (d) Application An eligible entity 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. Such application shall include— (1) a description of how the eligible entity will monitor and evaluate the effectiveness of the training program, including how the eligible entity plans to measure the impact of the training on— (A) teachers who attended the training after the teachers return to the classroom; or (B) preservice teachers; and (2) any other information the Secretary determines appropriate. (e) Use of funds An eligible entity receiving a grant under this section shall use grant funds to carry out a training program, using best practice models (including inquiry and project-based models) and through summer institutes or other professional development enrichment programs, that provides professional development regarding STEM education to existing and preservice STEM teachers (including STEM teachers who are master teachers or have otherwise demonstrated mastery of STEM teaching) and administrators who are employed as teachers and administrators, respectively, as of the time of the program. (f) Reports (1) Reports to the Secretary An eligible entity receiving a grant under this section shall submit to the Secretary an annual report that describes the progress made on the grant and includes the results from the evaluation described in the application under subsection (d). (2) Reports to Congress Not later than 3 years after the date of enactment of this part, and every 3 years thereafter, the Secretary shall submit a report to Congress regarding the program supported under this section. 2504. Academic standards grants (a) Purpose The purpose of this section is to strengthen the capacity of States to implement new mathematics and science academic standards. (b) Definition of eligible entity In this section, the term eligible entity means a State, Indian tribe, tribal organization, local educational agency, public charter school, institution of higher education, or nonprofit organization. (c) Grants authorized (1) In general From amounts made available to carry out this section, the Secretary shall award grants, on a competitive basis, to eligible entities to enable the eligible entities to support curriculum development, assessments, or related activities that would enable States to adopt new mathematics and science academic standards. (2) Proportionality In awarding grants under this section, the Secretary shall, to the extent practicable, ensure a distribution of grant funds focused on high-need and high-poverty eligible entities. (d) Application An eligible entity 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. Such application shall include— (1) a description of how the eligible entity will monitor and evaluate the effectiveness of curriculum development, assessments, or related activities that would enable States to adopt new mathematics and science academic standards; and (2) any other information the Secretary determines appropriate. (e) Use of funds An eligible entity receiving a grant under this section shall use grant funds to carry out curriculum development, assessments, or related activities that would enable States to adopt new mathematics and science academic standards and provide professional development regarding STEM education standards and national tests for administrators who are employed as teachers and administrators, respectively, as of the time of the program. (f) Reports to the Secretary An eligible entity receiving a grant under this section shall submit to the Secretary an annual report that describes the progress made on the grant and includes the results from the evaluation described in the application under subsection (d). 2505. National panel (a) In general The Secretary shall establish a national panel to review, evaluate, and identify— (1) rigorous kindergarten through grade 12 STEM curricula models, including computer or web-based simulation education programs, kinesthetic learning, and inquiry- or project-based learning techniques; and (2) best practices with respect to STEM curricula. (b) Members The Secretary shall determine the membership of the national panel described in subsection (a), which shall be comprised of individuals who have the wisdom and experience to identify and recommend the most effective STEM curricula models, such as— (1) representatives of technology industries and business; (2) teachers and school administrators; (3) representatives of nonprofit organizations and community organizations; (4) faculty members of institutions of higher education; (5) research specialists and curricula specialists; (6) at least 1 rural education expert; (7) at least 1 high school or college student to provide a youth perspective; and (8) other individuals, as determined appropriate by the Secretary. (c) Reports The panel shall prepare reports and recommendations regarding the panel's findings as requested by the Secretary. 2506. Authorization of appropriations There is authorized to be appropriated to carry out this part such sums as may be necessary for fiscal year 2014 and each of the 5 succeeding fiscal years. . (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—STEM education planning and training Sec. 2501. Definitions. Sec. 2502. Planning grants. Sec. 2503. Training program grants. Sec. 2504. Academic standards grants. Sec. 2505. National panel. Sec. 2506. Authorization of appropriations. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2334ih/xml/BILLS-113hr2334ih.xml

113-hr-2335

I 113th CONGRESS 1st Session H. R. 2335 IN THE HOUSE OF REPRESENTATIVES June 12, 2013 Mr. McDermott introduced the following bill; which was referred to the Committee on House Administration A BILL To prohibit Members of Congress from receiving pay when the Federal Government is unable to make payments or meet obligations because the public debt limit has been reached. 1. Short title This Act may be cited as the Pay Your Bills or Lose Your Pay Act of 2013 . 2. Findings Congress finds the following: (1) It is an American value to meet all obligations. (2) A AAA credit rating is essential to the economic standing of the United States in the world. (3) The statutory debt limit was increased— (A) 18 times during the presidency of Ronald Reagan; (B) 4 times during the presidency of George H. W. Bush; (C) 6 times during the presidency of William J. Clinton; and (D) 7 times during the presidency of George W. Bush. (4) Section 4 of the 14th Amendment of the United States Constitution states the validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned . (5) The statutory debt limit is increased by Congress to pay financial obligations authorized by Congress. (6) The ratings agency Moody’s has called for the public debt limit to be eliminated. (7) The United States is one of the few nations in the world with a public debt limit. (8) The annual budget resolution, voted on by members of the Senate and House of Representatives, specifies the appropriate level of the public debt for each fiscal year covered by the resolution. (9) At times the statutory debt limit must be increased to honor financial obligations authorized and appropriated by Congress and the President of the United States. (10) The credit rating agency Standard and Poor’s downgraded the credit rating of the United States for the first time in its history on August 5, 2011, citing political brinksmanship as a primary reason for its action. (11) In July 2012, the Government Accountability Office estimated that the 2011 debt limit standoff cost taxpayers $1,300,000,000 in fiscal year 2011, and the Government Accountability Office further noted that Congress should consider ways to … avoid potential disruptions to the Treasury market and to help inform the fiscal policy debate in a timely way. . (12) In January 2013, the Bipartisan Policy Center estimated that the 10-year cost to taxpayers of the 2011 debt limit standoff is $18,900,000,000. 3. Holding salaries of Members of Congress in escrow upon failure to meet debt obligations (a) Holding salaries in escrow (1) In general If the Federal Government is unable to make payments or meet obligations because the public debt limit under section 3101 of title 31, United States Code, has been reached, during the period described in paragraph (2) the payroll administrator of each House of Congress shall deposit in an escrow account all payments otherwise required to be made during such period for the compensation of Members of Congress who serve in that House of Congress, and shall release such payments to such Members only upon the expiration of such period. (2) Period described The period described in this paragraph is the period beginning on the date on which the Federal Government is unable to make payments or meet obligations because the public debt limit under section 3101 of title 31, United States Code, has been reached, and ending on the earlier of— (A) the date on which the House of Representatives and the Senate present a bill to the President under article I, section 7 of the Constitution of the United States, to increase the public debt limit under section 3101 of title 31, United States Code; or (B) the last day of the One Hundred Thirteenth Congress. (3) Withholding and remittance of amounts from payments held in escrow The payroll administrator of each House of Congress shall provide for the same withholding and remittance with respect to a payment deposited in an escrow account under paragraph (1) that would apply to the payment if the payment were not subject to paragraph (1). (4) Release of amounts at end of congress In order to ensure that this section is carried out in a manner that shall not vary the compensation of Senators or Representatives in violation of the 27th Amendment to the Constitution of the United States, the payroll administrator of a House of Congress shall release for payments to Members of that House of Congress any amounts remaining in any escrow account under this section on the last day of the One Hundred Thirteenth Congress. (5) Role of Secretary of the Treasury The Secretary of the Treasury shall provide the payroll administrators of the Houses of Congress with such assistance as may be necessary to enable the payroll administrators to carry out this section. (b) Treatment of delegates as members In this section, the term Member includes a Delegate or Resident Commissioner to Congress. (c) Payroll Administrator defined In this section, the payroll administrator of a House of Congress means— (1) in the case of the House of Representatives, the Chief Administrative Officer of the House of Representatives, or an employee of the Office of the Chief Administrative Officer who is designated by the Chief Administrative Officer to carry out this section; and (2) in the case of the Senate, the Secretary of the Senate, or an employee of the Office of the Secretary of the Senate who is designated by the Secretary to carry out this section.

https://www.govinfo.gov/content/pkg/BILLS-113hr2335ih/xml/BILLS-113hr2335ih.xml

113-hr-2336

I 113th CONGRESS 1st Session H. R. 2336 IN THE HOUSE OF REPRESENTATIVES June 12, 2013 Mr. Pearce introduced the following bill; which was referred to the Committee on Agriculture , and in addition to the Committee on Natural Resources , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To direct the Secretary of Agriculture to convey lands of the former Fort Bayard Military Reservation in Grant County, New Mexico, to the village of Santa Clara, the city of Bayard, or the county of Grant in that State, in tracts of not less than 40 acres, and at market price at its present state of use as agricultural grazing lands as determined by the Secretary, for business and community development, and for other purposes. 1. Conveyance of land, former Fort Bayard Military Reservation, Grant County, New Mexico (a) In general Subject to this Act, the Secretary of Agriculture shall convey the lands described in subsection (b) to one or more eligible buyers for the purpose of business and community development. (b) Land described The lands to be conveyed under subsection (a) are the following lands that were formerly part of the Fort Bayard Military Reservation, Grant County, New Mexico, comprising approximately 1,499 acres, and are situated in sections: Township 17 South, Range 12 West, New Mexico Principal Meridian. Section 30, all within the former Fort Bayard Military Reservation (31 acres more or less). Section 31, all within the former Fort Bayard Military Reservation (155 acres more or less). Township 17 South, Range 13 West, New Mexico Principal Meridian. Section 34, all within the former Fort Bayard Military Reservation (584 acres more or less). Section 35, all within the former Fort Bayard Military Reservation less lands conveyed under other Federal authorities to the Village of Central (Santa Clara), and the State of New Mexico (216 acres more or less). Section 36, all within the former Fort Bayard Military Reservation (513 acres more or less). (c) Eligible buyers For the purposes of this Act, eligible buyers are the village of Santa Clara, the city of Bayard, and the county of Grant in the State of New Mexico. 2. Conditions In making the conveyance under section 1, the Secretary of Agriculture— (1) shall sell the land in tracts of not less than 40 acres; (2) shall require as consideration for the land the market price of the land in its present state of use as agricultural grazing lands as determined by the Secretary; (3) shall protect all valid existing rights; (4) shall reserve easements for existing facilities such as roads, telephone lines, pipelines, electric power transmission lines, or other facilities or improvements in place; (5) shall reserve such easements for roads as the Secretary of Agriculture finds necessary to assure access to lands of the United States or to meet public needs; and (6) may contain such additional terms, conditions, reservations, and restrictions as may be determined by the Secretary of Agriculture to be necessary to protect the interests of the United States. 3. Approval of all parties required for conveyance The Secretary of Agriculture shall not make a conveyance under this Act to any one of the eligible buyers, without written approval of the two nonacquiring eligible buyers. 4. Historic or prehistoric sites If historic or prehistoric cultural properties are located upon the lands to be conveyed under section 1, the Secretary of Agriculture shall be responsible for the costs and recovery of these sites and shall do so in a timely manner so as not to unduly restrict future use of the selected lands by the acquiring party. The Secretary may, at the Secretary’s discretion, use a deed reservation to retain historic or prehistoric properties in the ownership of the United States instead of site recovery, if agreeable to the acquiring party. 5. Sale of mineral interests (a) Inclusion in conveyance Upon application by the acquiring party, all the undivided mineral interest of the United States in any parcel or tract sold pursuant to this Act shall be conveyed to the acquiring party or its successor in title by the Secretary of the Interior. In areas where the Secretary of the Interior determines that there is no active mineral development or leasing, and that the lands have no mineral value, the mineral interests covered by a single application shall be sold for a consideration of $1. In other areas the mineral interests shall be sold at the fair market value thereof as determined by the Secretary of the Interior after taking into consideration such appraisals as the Secretary of the Interior deems necessary or appropriate. (b) Administrative costs (1) Deposit and payment Each application for a conveyance to be made under this Act shall be accompanied by a nonrefundable deposit to be applied to related administrative costs as determined by the Secretary of the Interior. If the conveyance is made pursuant to an application, the applicant shall pay to the Secretary of the Interior the full administrative costs, less the deposit. If a conveyance is not made pursuant to the application, the deposit shall constitute full satisfaction of such administrative costs notwithstanding that the administrative costs exceed the deposit. (2) Definition For the purposes of this section, the term administrative costs includes, in addition to other items, all costs that the Secretary of the Interior determines are included in a determination of— (A) the mineral character of the land in question; and (B) the fair market value of the mineral interest. (c) Amounts paid into Treasury Amounts paid to the Secretary of the Interior under this section shall be paid into the Treasury of the United States as miscellaneous receipts.

https://www.govinfo.gov/content/pkg/BILLS-113hr2336ih/xml/BILLS-113hr2336ih.xml

113-hr-2337

I 113th CONGRESS 1st Session H. R. 2337 IN THE HOUSE OF REPRESENTATIVES June 12, 2013 Mr. Polis introduced the following bill; which was referred to the Committee on Natural Resources A BILL To provide for the conveyance of the Forest Service Lake Hill Administrative Site in Summit County, Colorado. 1. Short title This Act may be cited as the Lake Hill Administrative Site Affordable Housing Act . 2. Definitions In this Act: (1) County The term County means Summit County, Colorado. (2) Lake Hill Administrative Site The term Lake Hill Administrative Site means the parcel of approximately 40 acres of National Forest System land in the County, as depicted on the map entitled Lake Hill Administrative Site and dated June 2012. (3) Secretary The term Secretary means the Secretary of Agriculture. 3. Conveyance of Forest Service Lake Hill Administrative Site, Summit County, Colorado (a) Conveyance authority Upon receipt of an offer from the County in which the County agrees to the condition imposed by subsection (c), the Secretary shall use the authority provided by the Forest Service Facility Realignment and Enhancement Act of 2005 ( Public Law 109–54 ; 16 U.S.C. 580d note) to convey to the County all right, title, and interest of the United States in and to the Forest Service Lake Hill Administrative Site. (b) Application of law (1) Treatment as administrative site The Lake Hill Administrative Site is considered to be an administrative site under section 502(1)(A) of the Forest Service Facility Realignment and Enhancement Act of 2005 ( Public Law 109–54 ; 16 U.S.C. 580d note). (2) Exception Section 502(1)(C) of that Act does not apply to the conveyance of the Lake Hill Administrative Site. (c) Costs The County shall be responsible for processing and transaction costs related to the direct sale under subsection (a). (d) Proceeds Proceeds received from the conveyance pursuant to subsection (a) shall be available, without further appropriation and until expended, for capital improvement and maintenance of Forest Service facilities in Region 2 of the United States Forest Service.

https://www.govinfo.gov/content/pkg/BILLS-113hr2337ih/xml/BILLS-113hr2337ih.xml

113-hr-2338

I 113th CONGRESS 1st Session H. R. 2338 IN THE HOUSE OF REPRESENTATIVES June 12, 2013 Mr. Polis (for himself and Mr. Latham ) introduced the following bill; which was referred to the Committee on Education and the Workforce , 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 amend the Elementary and Secondary Education Act of 1965 to aid gifted and talented and high-ability learners by empowering the Nation’s teachers, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the To Aid Gifted and High-Ability Learners by Empowering the Nation's Teachers Act or the TALENT 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. References. TITLE I—Improving basic program requirements Sec. 101. State plans. Sec. 102. Annual State report cards. Sec. 103. Local educational agency plans. Sec. 104. National Assessment of title I. TITLE II—Improving teaching for gifted and talented students Sec. 201. State applications. Sec. 202. Local applications and needs assessments. Sec. 203. Local use of funds. Sec. 204. Subgrants to eligible partnerships. TITLE III—Gifted and talented students in rural schools Sec. 301. Small rural school achievement program. Sec. 302. Rural and low-income school program. TITLE IV—Supporting essential research on the learning needs of gifted and talented students Sec. 401. Supporting essential research on the learning needs of gifted and talented students. TITLE V—General provisions Sec. 501. Definitions. Sec. 502. Amendments to other laws. Sec. 503. Effective Date. 2. Findings Congress makes the following findings: (1) Academically gifted and talented students make up an estimated 6 to 10 percent of the prekindergarten through grade 12 student population, totaling between 3,000,000 and 6,000,000 students. (2) There is a growing excellence gap at the highest levels of achievement between the performance of subgroups of students, particularly between the performance of students who are African-American or Hispanic and the performance of White students, and between low-income students compared to their more advantaged peers, on statewide assessments and on the National Assessment of Educational Progress. (3) Advanced students in the United States lag behind the performance of similar students in other countries, which puts the Nation at a competitive disadvantage. (4) Gifted and talented students, and high-ability students who have not been formally identified for gifted education services, require modifications to the general education curriculum to fully meet their potential. (5) Effective assessment and instruction of gifted and talented students requires educators to have specialized knowledge and skills. (6) Ninety percent of teachers nationwide want more professional development focused on the skills necessary for teaching advanced students. (7) Interventions and strategies that have been demonstrated to be successful with gifted and talented students can be modified to improve the achievement of all students. (8) The availability of gifted education programs and services to students who require such services is unequal and often relies solely on local resources and leadership, leaving many high-ability students from rural areas or who are English language learners or Hispanic, African-American, or Native American, among others, without access to appropriate services. (9) There are an estimated 360,000 students in the United States who are both gifted and have a disability. These twice exceptional children present special challenges because their disability often masks their academic potential or their academic strengths may mask their disability, resulting in a lack of services and supports for this student population. (10) The development and dissemination of research and national data on gifted and talented students is necessary to— (A) guide evidence-based classroom practices vital to meeting the unique needs of this population of students; and (B) contribute to the decisionmaking of educators, families, and policymakers. 3. References 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 Elementary and Secondary Education Act ( 20 U.S.C. 6301 et seq. ). I Improving basic program requirements 101. State plans (a) Accountability Section 1111(b)(2)(A) ( 20 U.S.C. 6311(b)(2)(A) ) is amended— (1) in clause (ii), by striking and after the semicolon; (2) in clause (iii), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (iv) include a recognition program for local educational agencies in the State that, for each category of students described in subparagraph (C)(v), significantly increase the proportion of students scoring at or above the advanced level of achievement on the State academic assessments under paragraph (3). . (b) State assessments Section 1111(b)(3)(C) ( 20 U.S.C. 6311(b)(3)(C) ) is amended— (1) in clause (xiv), by striking and after the semicolon; (2) in clause (xv), by striking the period and inserting ; and ; and (3) by adding at the end the following: (xvi) measure individual academic achievement, including measuring above grade level achievement. . (c) Accountability system Section 1111(b)(8) ( 20 U.S.C. 6311(b)(8) ) is amended— (1) in subparagraph (D), by striking and after the semicolon; (2) by redesignating subparagraph (E) as subparagraph (F); and (3) by inserting after subparagraph (D) the following: (E) the specific steps the State educational agency will take to assist each local educational agency and school affected by the State plan to provide additional educational assistance to individual students who— (i) perform at the advanced level of achievement on the State academic assessments described in paragraph (3); and (ii) are gifted and talented (including high-ability students who have not been formally identified for gifted education services); and . 102. Annual State report cards Section 1111(h)(1)(C) ( 20 U.S.C. 6311(h)(1)(C) ) is amended— (1) in clause (vii), by striking ; and and inserting a semicolon; (2) by redesignating clause (viii) as clause (ix); and (3) by inserting after clause (vii) the following: (viii) a comparison of the performance of students between different local educational agencies across the State at each level of achievement described in subsection (b)(1)(D)(ii), disaggregated by the subgroups described in subsection (b)(2)(C)(v); and . 103. Local educational agency plans (a) Plan provisions Section 1112(b)(1) ( 20 U.S.C. 6312(b)(1) ) is amended— (1) in subparagraph (P), by striking and after the semicolon; (2) in subparagraph (Q), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (R) a description of how the local educational agency will identify gifted and talented students, including high-ability students who have not previously been formally identified for gifted education services, and implement educational approaches at the elementary and secondary levels to support the learning needs of gifted and talented students to ensure that such students make appropriate learning gains, such as early entrance to kindergarten, enrichment, acceleration, curriculum compacting, and dual enrollment in secondary school and postsecondary education. . (b) Schoolwide programs Section 1114(b)(1) ( 20 U.S.C. 6314(b)(1) ) is amended by adding at the end the following: (K) A description of how the school will identify gifted and talented students, including high-ability students who have not previously been formally identified for gifted education services, and provide services to support the learning needs of such students to ensure that such students make appropriate learning gains. . (c) Targeted assistance schools Section 1115(c)(1) ( 20 U.S.C. 6315(c)(1) ) is amended— (1) in subparagraph (G), by striking and after the semicolon; (2) in subparagraph (H), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (I) identify gifted and talented students, including high-ability students who have not previously been formally identified for gifted education services, and provide services to support the learning needs of such students to ensure that gifted and talented and high-ability students make appropriate learning gains. . 104. National Assessment of title I Section 1501(a)(2)(E) ( 20 U.S.C. 6491(a)(2)(E) ) is amended— (1) in clause (iv), by striking and ; (2) in clause (v), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (vi) made public an analysis of excellence gaps and a description of activities to close any such gaps. . II Improving teaching for gifted and talented students 201. State applications Section 2112(b)(5) ( 20 U.S.C. 6612(b)(5) ) is amended by adding at the end the following: (C) A description of the comprehensive strategy the State educational agency will use to improve the teaching skills of teachers, principals, pupil services personnel, and other instructional leaders in order to enable them to employ strategies that focus on— (i) the identification of students' specific learning needs, particularly students with disabilities, students who are limited English proficient, students who are gifted and talented, and students with low literacy levels; and (ii) the tailoring of academic instruction to such needs. . 202. Local applications and needs assessments (a) Local applications Section 2122(b) ( 20 U.S.C. 6622(b) ) is amended by adding at the end the following: (12) A description of how the activities will have a substantial, measurable, and positive impact on student academic achievement and how the activities will be used as part of a broader strategy to eliminate the achievement gap and the excellence gap. . (b) Needs assessment Section 2122(c)(2) ( 20 U.S.C. 6622(c)(2) ) is amended by inserting shall be based on an analysis of the achievement and learning needs of students at each level of achievement described in section 1111(b)(1)(D)(ii) on the State academic assessments, disaggregated by each subgroup described in section 1111(b)(2)(C)(v)(II), and before shall be conducted . 203. Local use of funds Section 2123(a) ( 20 U.S.C. 6623(a) ) is amended— (1) in the matter preceding paragraph (1), by striking to carry out and inserting to increase student achievement for all students, including limited English proficient students, students with disabilities, and gifted and talented students, by carrying out ; and (2) in paragraph (3)(B)— (A) in clause (iv), by striking and ; (B) in clause (v), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (vi) provide training to support the identification of students who are gifted and talented, and to implement instructional practices that support the education of such students, such as early entrance to kindergarten, enrichment, acceleration, curriculum compacting and dual enrollment in secondary school and postsecondary education. . 204. Subgrants to eligible partnerships Section 2134(a)(1) ( 20 U.S.C. 6634(a)(1) ) is amended— (1) in subparagraph (A), by striking and after the semicolon; and (2) by adding at the end the following: (C) teachers, principals, and pupil service personnel have the training to support the identification of students who are gifted and talented, including high-ability students who have not been formally identified for gifted education services, and implementation of instructional practices that support the education of such students, such as early entrance to kindergarten, enrichment, acceleration, curriculum compacting and dual enrollment in secondary school and postsecondary education; and . III Gifted and talented students in rural schools 301. Small rural school achievement program Section 6211(a) ( 20 U.S.C. 7345(a) ) is amended by inserting , including supporting gifted and talented students (including high-ability students who have not been formally identified for gifted education services), after local activities . 302. Rural and low-income school program Section 6222(a)(2) ( 20 U.S.C. 7351a(a)(2) ) is amended by striking and to train and inserting , train teachers to meet the unique learning needs of gifted and talented students, including high-ability students who have not been formally identified for gifted education services, and train . IV Supporting essential research on the learning needs of gifted and talented students 401. Supporting essential research on the learning needs of gifted and talented students The Secretary, acting through the Director of the Institute of Education Sciences, shall— (1) continue research and development activities related to the education of gifted and talented students, particularly research and development activities related to such students who reside in rural communities or have been underrepresented as gifted and talented, including students who are low-income, limited English proficient, students with disabilities, and students from minority backgrounds; (2) support a National Research and Dissemination Center on the Gifted and Talented that conducts research and serves as a national clearinghouse for evidence-based best practices to improve the identification and instruction of gifted and talented students; (3) administer demonstration grants that build and enhance the ability of elementary school and secondary school personnel to support gifted and talented students; and (4) ensure that statistical data related to the education of gifted and talented children in kindergarten through grade 12 in the United States and in other nations is collected, reported, analyzed, and disseminated. V General provisions 501. Definitions Section 9101 ( 20 U.S.C. 7801 ) is amended— (1) by redesignating paragraphs (19) through (42) and paragraph (43) as paragraphs (20) through (43) and paragraph (45), respectively; (2) by inserting after paragraph (18) the following: (19) Excellence gap The term excellence gap means differences in the percentage of students performing at the highest level of achievement described in section 1111(b)(1)(D)(ii) between different subgroups described in section 1111(b)(2)(C)(v)(II). ; and (3) by inserting after paragraph (43), as redesignated by paragraph (1), the following: (44) Teaching skills The term teaching skills has the meaning given the term in section 200 of the Higher Education Act of 1965. . 502. Amendments to other laws (a) Coordination of Federal STEM education Section 101(b) of the America COMPETES Reauthorization Act of 2010 ( 42 U.S.C. 6621(b) ) is amended— (1) in the first subsection (b)— (A) in paragraph (5)(D), by striking and after the semicolon; (B) in paragraph (6), by striking the period at the end and inserting ; and ; and (C) by inserting after paragraph (6), the following: (7) encourage participating agencies to develop and implement activities and programs that support advanced students in kindergarten through grade 12, including advanced students who are from low-income families and advanced students from other groups that are underrepresented in the STEM fields, in order to promote advanced students' pursuit of careers in STEM fields. ; and (2) by redesignating the second subsection (b) and subsection (c) as subsection (c) and subsection (d), respectively. (b) Laboratory cooperative science centers & other authorized education activities Section 3164 of the National Defense Authorization Act for Fiscal Year 1991 ( 42 U.S.C. 7381b(a) ) is amended— (1) in paragraph (5) by inserting The Secretary shall determine which students are eligible to participate in such mathematics and science education programs based on the academic achievement of such students. after development facilities. ; and (2) in paragraph (13) by inserting The Secretary shall determine which middle-school students are eligible to participate in such prefreshman enrichment program based on the academic achievement of such students. after by universities on their campuses. . (c) Advanced Placement and International Baccalaureate programs Section 6123 of the America COMPETES Act ( 20 U.S.C. 9833 ) is amended— (1) in subsection (d)— (A) in paragraph (1) by striking and after the semicolon; (B) in paragraph (2) by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (3) the availability of Advanced Placement or International Baccalaureate mathematics, science, and critical foreign language courses earlier than is typical to students who are prepared for such work. ; and (2) in subsection (f)(2)— (A) in subparagraph (E) by striking and after the semicolon; (B) in subparagraph (F) by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (G) how the eligible entity will make Advanced Placement or International Baccalaureate mathematics, science, and critical foreign language courses available earlier than is typical to students who are prepared for such work. . 503. Effective Date This Act, and the amendments made by this Act, shall take effect 1 year after the date of enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2338ih/xml/BILLS-113hr2338ih.xml

113-hr-2339

I 113th CONGRESS 1st Session H. R. 2339 IN THE HOUSE OF REPRESENTATIVES June 12, 2013 Mr. Polis introduced the following bill; which was referred to the Committee on Financial Services , 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 facilitate affordable workforce homeownership in, and develop the full-time resident communities of, high tourism areas, and for other purposes. 1. Short title This Act may be cited as the Affordable Housing Regulation Simplification Act of 2013 . 2. Inapplicability of certain Fannie Mae and Freddie Mac guidelines to affordable workforce housing mortgages (a) Fannie Mae Subsection (b) of section 302 of the Federal National Mortgage Association Charter Act (12 U.S.C. 1717(b)) is amended by adding at the end the following new paragraph: (7) Mortgages for affordable workforce housing (A) Exemptions from guidelines Notwithstanding any other provision of law— (i) the corporation may purchase, service, sell, lend on the security of, and otherwise deal in any affordable workforce housing mortgage; and (ii) any requirements and guidelines of the corporation that are inconsistent with the authority under clause (i) shall not apply to any affordable workforce housing mortgage. (B) Affordable workforce housing mortgages For purposes of this paragraph, the term affordable workforce housing mortgage means a mortgage that meets the following requirements: (i) Property The mortgage shall be made for the purchase of, and secured by, a one-family residence that— (I) shall be used as the residence of the mortgagor for not less than 8 of any 12 months and 240 days of any 365 days; (II) is located within or is part of a multifamily housing development— (aa) that consists of 5 or more dwelling units or a mixed-use development that is not less than 50 percent residential, as defined in the legal description of the property in the purchase contract or mortgage or title documents relating to such purchase, or, if the development is less than 50 percent residential, has been granted an exception by the corporation; (bb) of which not less than 25 percent of the dwelling units in the development are owner-occupied; except that the requirement under this item shall be considered to be complied with, with respect to a development, unless verifiable public records indicate an owner-occupancy rate for the development of less than 25 percent; (cc) that provides individual, centralized, or any other method of metering for energy use of the constituent dwelling units; (dd) that may include dwelling units that are used for the sole purpose of short-term rentals and may provide such services as a staffed front desk, a concierge, or other amenities consistent with providing customer service for non-owner occupied or short-term rental units in the development, including marketing that describes the property as a lodge, resort, or other similar facility; and (ee) of which, if at least 50 percent of the total units are under contract for owner-occupancy, not more than 50 percent of the total dwelling units are owned by the same investor; and any multifamily housing development that otherwise complies with the requirements under this subclause may not be considered ineligible because the development or any portion of the development is called or referred to as a condotel , condo-hotel , lodge , or any other title; (III) is subject to resale restrictions that— (aa) are recorded with the appropriate public registry for recording of titles and interests in real estate; and (bb) terminate upon foreclosure or execution of any deed-in-lieu-of-foreclosure; and (IV) is located in an area that, at the time of the origination of the mortgage, is a high tourism area. (ii) Mortgagor income The household of the mortgagor shall have a gross household income— (I) that does not exceed 160 percent of the area median income, as determined and updated by the Secretary of Housing and Urban Development or the Director of the Federal Housing Finance Agency on an annual basis; and (II) not less than 75 percent of which is earned from positions the discharge of whose duties involved physical presence in one or more high tourism areas. (iii) Employment The mortgagor or another member of the mortgagor’s household— (I) has been employed, during the 6-month period ending upon execution of the mortgage, in a position or multiple positions the discharge of whose duties involved physical presence in one or more high tourism areas, in the aggregate, for an average of not less than 30 hours per weeks; (II) is employed at the time of the execution of the mortgage in a position or multiple positions the discharge of whose duties involve physical presence in one or more high tourism areas, in the aggregate, for an average of not less than 30 hours per week and the duration of such employment in such position is expected to last at least 6 months; (III) is 60 years of age or older and, during the 5-year period ending up the mortgagor’s retirement from employment was employed in a position or positions the discharge of whose duties involved physical presence in one or more high tourism areas for— (aa) an average of not less than 30 hours per week; and (bb) for not less than 8 months per year; (IV) is a person with disabilities (as such term is defined in section 811(k) of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013 )) who— (aa) was employed, during the 2-year period ending upon becoming disabled, in a position or positions described in subclause (I) or (II); or (bb) is employed in a position or positions described in subclause (I) or (II), except that the 30-hour requirement under such subclauses shall not apply to such person if— (AA) compliance with such requirement would make such person ineligible for benefits made available for persons with disabilities through a program of any State agency for developmental disabilities or through the supplemental security income program under title XVI of the Social Security Act; and (BB) such person works the maximum number of hours per week allowable for eligibility for benefits under such program; or (V) is the head of household in a household that includes one or more dependents, at least one of whom is at the time of the execution of the mortgage 5 years of age or younger or is enrolled full-time in a school in a high tourism area. (iv) Conforming loan The original principal obligation of the mortgage shall comply with the applicable dollar amount limitations established pursuant to paragraph (2). (C) High tourism area For purposes of this paragraph, the term high tourism area means any county that is designated as a high tourism county pursuant to section 5 of the Affordable Housing Regulation Simplification Act of 2013 . . (b) Freddie Mac Subsection (a) of section 305 of the Federal Home Loan Mortgage Corporation Act ( 12 U.S.C. 1454(a) ) is amended by adding at the end the following new paragraph: (6) Mortgages for affordable workforce housing (A) Exemptions from guidelines Notwithstanding any other provision of law— (i) the Corporation may purchase, service, sell, lend on the security of, and otherwise deal in any affordable workforce housing mortgage; and (ii) any requirements and guidelines of the Corporation that are inconsistent with the authority under clause (i) shall not apply to any affordable workforce housing mortgage. (B) Affordable workforce housing mortgages For purposes of this paragraph, the term affordable workforce housing mortgage means a mortgage that meets the following requirements: (i) Property The mortgage shall be made for the purchase of, and secured by, a one-family residence that— (I) shall be used as the residence of the mortgagor for not less than 8 of any 12 months and 240 days of any 365 days; (II) is located within or is part of a multifamily housing development— (aa) that consists of 5 or more dwelling units or a mixed-use development that is not less than 50 percent residential, as defined in the legal description of the property in the purchase contract or mortgage or title documents relating to such purchase, or, if the development is less than 50 percent residential, has been granted an exception by the Corporation; (bb) of which not less than 25 percent of the dwelling units in the development are owner-occupied; except that the requirement under this item shall be considered to be complied with, with respect to a development, unless verifiable public records indicate an owner-occupancy rate for the development of less than 25 percent; (cc) that provides individual, centralized, or any other method of metering for energy use of the constituent dwelling units; (dd) that may include dwelling units that are used for the sole purpose of short-term rentals and may provide such services as a staffed front desk, a concierge, or other amenities consistent with providing customer service for non-owner occupied or short-term rental units in the development, including marketing that describes the property as a lodge, resort, or other similar facility; and (ee) of which, if at least 50 percent of the total units are under contract for owner-occupancy, not more than 50 percent of the total dwelling units are owned by the same investor; and any multifamily housing development that otherwise complies with the requirements under this subclause may not be considered ineligible because the development or any portion of the development is called or referred to as a condotel , condo-hotel , lodge , or any other title; (III) is subject to resale restrictions that— (aa) are recorded with the appropriate public registry for recording of titles and interests in real estate; and (bb) terminate upon foreclosure or execution of any deed-in-lieu-of-foreclosure; and (IV) is located in an area that, at the time of the origination of the mortgage, is a high tourism area. (ii) Mortgagor income The household of the mortgagor shall have a gross household income— (I) that does not exceed 160 percent of the area median income, as determined and updated by the Secretary of Housing and Urban Development or the Director of the Federal Housing Finance Agency on an annual basis; and (II) not less than 75 percent of which is earned from positions the discharge of whose duties involved physical presence in one or more high tourism areas. (iii) Employment The mortgagor or another member of the mortgagor’s household— (I) has been employed, during the 6-month period ending upon execution of the mortgage, in a position or multiple positions the discharge of whose duties involved physical presence in one or more high tourism areas, in the aggregate, for an average of not less than 30 hours per weeks; (II) is employed at the time of the execution of the mortgage in a position or multiple positions the discharge of whose duties involve physical presence in one or more high tourism areas, in the aggregate, for an average of not less than 30 hours per week and the duration of such employment in such position is expected to last at least 6 months; (III) is 60 years of age or older and, during the 5-year period ending up the mortgagor’s retirement from employment was employed in a position or positions the discharge of whose duties involved physical presence in one or more high tourism areas for— (aa) an average of not less than 30 hours per week; and (bb) for not less than 8 months per year; (IV) is a person with disabilities (as such term is defined in section 811(k) of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013 )) who— (aa) was employed, during the 2-year period ending upon becoming disabled, in a position or positions described in subclause (I) or (II); or (bb) is employed in a position or positions described in subclause (I) or (II), except that the 30-hour requirement under such subclauses shall not apply to such person if— (AA) compliance with such requirement would make such person ineligible for benefits made available for persons with disabilities through a program of any State agency for developmental disabilities or through the supplemental security income program under title XVI of the Social Security Act; and (BB) such person works the maximum number of hours per week allowable for eligibility for benefits under such program; or (V) is the head of household in a household that includes one or more dependents, at least one of whom is at the time of the execution of the mortgage 5 years of age or younger or is enrolled full-time in a school in a high tourism area. (iv) Conforming loan The original principal obligation of the mortgage shall comply with the applicable dollar amount limitations established pursuant to paragraph (2). (C) High tourism area For purposes of this paragraph, the term high tourism area means any county that is designated as a high tourism county pursuant to section 5 of the Affordable Housing Regulation Simplification Act of 2013 . . 3. Insurance of affordable workforce housing mortgages by FHA Section 203 of the National Housing Act (12 U.S.C. 1709) is amended by adding at the end the following new subsection: (y) Mortgages for affordable workforce housing (1) Insurance authority The Secretary may insure under this section any affordable workforce housing mortgage meeting the requirements of subsection (b) of this section, except as modified by this subsection. (2) Exemptions Notwithstanding any other provision of law, any requirements and guidelines of the Secretary that are inconsistent with the authority under paragraph (1) shall not apply to any affordable workforce housing mortgage. (3) Affordable workforce housing mortgages For purposes of this subsection, the term affordable workforce housing mortgage means a mortgage that meets the following requirements: (A) Property The mortgage shall be made for the purchase of, and secured by, a one-family residence that— (i) shall be used as the residence of the mortgagor for not less than 8 of any 12 months and 240 days of any 365 days; (ii) is located within or is part of a multifamily housing development— (I) that consists of 5 or more dwelling units or a mixed-use development that is not less than 50 percent residential, as defined in the legal description of the property in the purchase contract or mortgage or title documents relating to such purchase, or, if the development is less than 50 percent residential, has been granted an exception by the Secretary; (II) of which not less than 25 percent of the dwelling units in the development are owner-occupied; except that the requirement under this item shall be considered to be complied with, with respect to a development, unless verifiable public records indicate an owner-occupancy rate for the development of less than 25 percent; (III) that provides individual, centralized, or any other method of metering for energy use of the constituent dwelling units; (IV) that may include dwelling units that are used for the sole purpose of short-term rentals and may provide such services as a staffed front desk, a concierge, or other amenities consistent with providing customer service for non-owner occupied or short-term rental units in the development, including marketing that describes the property as a lodge, resort, or other similar facility; and (V) of which, if at least 50 percent of the total units are under contract for owner-occupancy, not more than 50 percent of the total dwelling units are owned by the same investor; and any multifamily housing development that otherwise complies with the requirements under this clause may not be considered ineligible because the development or any portion of the development is called or referred to as a condotel , condo-hotel , lodge , or any other title; (iii) is subject to resale restrictions that— (I) are recorded with the appropriate public registry for recording of titles and interests in real estate; and (II) terminate upon foreclosure or execution of any deed-in-lieu-of-foreclosure; and (iv) is located in an area that, at the time of the origination of the mortgage, is a high tourism area. (B) Mortgagor income The household of the mortgagor shall have a gross household income— (i) that does not exceed 160 percent of the area median income, as determined and updated by the Secretary on an annual basis; and (ii) not less than 75 percent of which is earned from positions the discharge of whose duties involved physical presence in one or more high tourism areas. (C) Employment The mortgagor or another member of the mortgagor’s household— (i) has been employed, during the 6-month period ending upon execution of the mortgage, in a position or multiple positions the discharge of whose duties involved physical presence in one or more high tourism areas, in the aggregate, for an average of not less than 30 hours per weeks; (ii) is employed at the time of the execution of the mortgage in a position or multiple positions the discharge of whose duties involve physical presence in one or more high tourism areas, in the aggregate, for an average of not less than 30 hours per week and the duration of such employment in such position is expected to last at least 6 months; (iii) is 60 years of age or older and, during the 5-year period ending up the mortgagor’s retirement from employment was employed in a position or positions the discharge of whose duties involved physical presence in one or more high tourism areas for— (I) an average of not less than 30 hours per week; and (II) for not less than 8 months per year; (iv) is a person with disabilities (as such term is defined in section 811(k) of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013 )) who— (I) was employed, during the 2-year period ending upon becoming disabled, in a position or positions described in clause (i) or (ii); or (II) is employed in a position or positions described in clause (i) or (ii), except that the 30-hour requirement under such clauses shall not apply to such person if— (aa) compliance with such requirement would make such person ineligible for benefits made available for persons with disabilities through a program of any State agency for developmental disabilities or through the supplemental security income program under title XVI of the Social Security Act; and (bb) such person works the maximum number of hours per week allowable for eligibility for benefits under such program; or (v) is the head of household in a household that includes one or more dependents, at least one of whom is at the time of the execution of the mortgage 5 years of age or younger or is enrolled full-time in a school in a high tourism area. (D) Loan limit The original principal obligation of the mortgage shall comply with the applicable dollar amount limitations under subsection (b)(2). (4) High tourism area For purposes of this paragraph, the term high tourism area means any county that is designated as a high tourism county pursuant to section 5 of the Affordable Housing Regulation Simplification Act of 2013 . . 4. FHA authority for spot approval of mortgages for condominium units Section 234 of the National Housing Act (12 U.S.C. 1715y) is amended by adding at the end the following new subsection: (l) Authority for spot approvals In the case of individual mortgages for one-family units in a multifamily project and an undivided interest in the common areas and facilities that serve the project and affordable workforce housing mortgages (as such term is defined in section 203(y)), the Secretary shall provide an approval process for insurance of such mortgages that does not require prior approval of the entire project or of the homeowners association for the entire project. . 5. Determination of high tourism areas The Secretary of Commerce shall, by notice issued not later than December 31, 2014— (1) establish a procedure and metric for assessing, for counties in all States throughout the United States, the economic impact of tourism on such counties; (2) establish a minimum threshold for such economic activity for use for designating counties as high tourism counties; and (3) pursuant to such procedure, metric, and threshold, designate the counties in the United States that are high tourism counties at the time of such designation. The Secretary of Commerce shall reassess and update such designations on a biennial basis.

https://www.govinfo.gov/content/pkg/BILLS-113hr2339ih/xml/BILLS-113hr2339ih.xml

113-hr-2340

I 113th CONGRESS 1st Session H. R. 2340 IN THE HOUSE OF REPRESENTATIVES June 12, 2013 Mr. Quigley (for himself, Mr. Foster , and Ms. Duckworth ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend title 23, United States Code, to protect States that have in effect laws or orders with respect to pay to play reform, and for other purposes. 1. Short title This Act may be cited as the State Ethics Law Protection Act of 2013 . 2. Pay to play reform Section 112 of title 23, United States Code, is amended by adding at the end the following: (h) Pay To play reform A State transportation department shall not be considered to have violated a requirement of this section solely because the State in which that State transportation department is located, or a local government within that State, has in effect a law or an order that limits the amount of money an individual or entity that is doing business with a State or local agency with respect to a Federal-aid highway project may contribute to a political party, campaign, candidate, or elected official. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2340ih/xml/BILLS-113hr2340ih.xml

113-hr-2341

I 113th CONGRESS 1st Session H. R. 2341 IN THE HOUSE OF REPRESENTATIVES June 12, 2013 Mr. Rooney (for himself, Mr. Bilirakis , Mr. Barber , and Mr. Schrader ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to require the Secretary of Veterans Affairs to consider the resources of individuals applying for pension that were recently disposed of by the individuals for less than fair market value when determining the eligibility of such individuals for such pension, and for other purposes. 1. Short title This Act may be cited as the Veterans Pension Protection Act . 2. Consideration by Secretary of Veterans Affairs of resources disposed of for less than fair market value by individuals applying for pension (a) Veterans Section 1522 of title 38, United States Code, is amended— (1) in subsection (a)— (A) by inserting (1) before The Secretary ; and (B) by adding at the end the following new paragraph: (2) (A) If a veteran otherwise eligible for payment of pension under section 1513 or 1521 of this title or the spouse of such veteran disposes of covered resources for less than fair market value on or after the look-back date described in subparagraph (C)(i), the Secretary shall deny or discontinue the payment of pension to such veteran under section 1513 or 1521 of this title, as the case may be, for months during the period beginning on the date described in subparagraph (D) and equal to the number of months calculated as provided in subparagraph (E). (B) (i) For purposes of this paragraph, a covered resource is any resource that was a part of the corpus of the estate of the veteran or, if the veteran has a spouse, the corpus of the estates of the veteran and of the veteran's spouse, that the Secretary considers that under all the circumstances, if the veteran or spouse had not disposed of such resource, it would be reasonable that the resource (or some portion of the resource) be consumed for the veteran's maintenance. (ii) For purposes of this paragraph, the Secretary may consider, in accordance with regulations the Secretary shall prescribe, a transfer of an asset (including a transfer of an asset to an annuity, trust, or other financial instrument or investment) a disposal of a covered resource for less than fair market value if such transfer reduces the amount in the corpus of the estate of the veteran or, if the veteran has a spouse, the corpus of the estates of the veteran and of the veteran's spouse, that the Secretary considers, under all the circumstances, would be reasonable to be consumed for the veteran's maintenance. (C) (i) The look-back date described in this clause is a date that is 36 months before the date described in clause (ii). (ii) The date described in this clause is the date on which the veteran applies for pension under section 1513 or 1521 of this title or, if later, the date on which the veteran (or the spouse of the veteran) disposes of covered resources for less than fair market value. (D) The date described in this subparagraph is the first day of the first month in or after which covered resources were disposed of for less than fair market value and which does not occur in any other period of ineligibility under this paragraph. (E) The number of months calculated under this subparagraph shall be equal to— (i) the total, cumulative uncompensated value of all covered resources so disposed of by the veteran (or the spouse of the veteran) on or after the look-back date described in subparagraph (C)(i); divided by (ii) the maximum amount of monthly pension that is payable to a veteran under section 1513 or 1521 of this title, including the maximum amount of increased pension payable under such sections on account of family members, but not including any amount of pension payable under such sections because a veteran is in need of regular aid and attendance or is permanently housebound, rounded, in the case of any fraction, to the nearest whole number, but shall not in any case exceed 36 months. ; (2) in subsection (b)— (A) by inserting (1) before The Secretary ; and (B) by adding at the end the following new paragraph: (2) (A) If a veteran otherwise eligible for payment of increased pension under subsection (c), (d), (e), or (f) of section 1521 of this title on account of a child, the spouse of the veteran, or the child disposes of covered resources for less than fair market value on or after the look-back date described in subparagraph (C)(i), the Secretary shall deny or discontinue payment of such increased pension for months during the period beginning on the date described in subparagraph (D) and equal to the number of months calculated as provided in subparagraph (E). (B) (i) For purposes of this paragraph, a covered resource is any resource that was a part of the corpus of the estate of the child that the Secretary considers that under all the circumstances, if the veteran, the spouse of the veteran, or the child had not disposed of such resource, it would be reasonable that the resource (or some portion of the resource) be consumed for the child's maintenance. (ii) For purposes of this paragraph, the Secretary may consider, in accordance with regulations the Secretary shall prescribe, a transfer of an asset (including a transfer of an asset to an annuity, trust, or other financial instrument or investment) a disposal of a covered resource for less than fair market value if such transfer reduces the amount in the corpus of the estate of the child that the Secretary considers, under all the circumstances, would be reasonable to be consumed for the child's maintenance. (C) (i) The look-back date described in this clause is a date that is 36 months before the date described in clause (ii). (ii) The date described in this clause is the date on which the veteran applies for payment of increased pension under subsection (c), (d), (e), or (f) of section 1521 of this title on account of a child or, if later, the date on which the veteran, the spouse of the veteran, or the child disposes of covered resources for less than fair market value. (D) The date described in this subparagraph is the first day of the first month in or after which covered resources were disposed of for less than fair market value and which does not occur in any other period of ineligibility under this paragraph. (E) The number of months calculated under this subparagraph shall be equal to— (i) the total, cumulative uncompensated value of all covered resources so disposed of by the veteran, the spouse of the veteran, or the child on or after the look-back date described in subparagraph (C)(i); divided by (ii) the maximum amount of increased monthly pension that is payable to a veteran under subsection (c), (d), (e), or (f) of section 1521 of this title on account of a child, rounded, in the case of any fraction, to the nearest whole number, but shall not in any case exceed 36 months. ; and (3) by adding at the end the following new subsection: (c) (1) The Secretary shall not deny or discontinue payment of pension under section 1513 or 1521 of this title or payment of increased pension under subsection (c), (d), (e), or (f) of section 1521 of this title on account of a child by reason of the application of subsection (a)(2) or (b)(2) of this section to the disposal of resources by an individual to the extent that— (A) a satisfactory showing is made to the Secretary (in accordance with regulations promulgated by the Secretary) that all resources disposed of for less than fair market value have been returned to the individual who disposed of the resources; or (B) the Secretary determines, under procedures established by the Secretary, that the denial or discontinuance of payment would work an undue hardship as determined on the basis of criteria established by the Secretary. (2) At the time a veteran applies for pension under section 1513 or 1521 of this title or increased pension under subsection (c), (d), (e), or (f) of section 1521 of this title on account of a child, and at such other times as the Secretary considers appropriate, the Secretary shall— (A) inform such veteran of the provisions of subsections (a)(2) and (b)(2) providing for a period of ineligibility for payment of pension under such sections for individuals who make certain dispositions of resources for less than fair market value; and (B) obtain from such veteran information which may be used in determining whether or not a period of ineligibility for such payments would be required by reason of such subsections. . (b) Surviving spouses and children Section 1543 of such title is amended— (1) in subsection (a)— (A) by redesignating paragraph (2) as paragraph (3); (B) by inserting after paragraph (1) the following new paragraph (2): (2) (A) If a surviving spouse otherwise eligible for payment of pension under section 1541 of this title disposes of covered resources for less than fair market value on or after the look-back date described in subparagraph (C)(i), the Secretary shall deny or discontinue the payment of pension to such surviving spouse under section 1541 of this title for months during the period beginning on the date described in subparagraph (D) and equal to the number of months calculated as provided in subparagraph (E). (B) (i) For purposes of this paragraph, a covered resource is any resource that was a part of the corpus of the estate of the surviving spouse that the Secretary considers that under all the circumstances, if the surviving spouse had not disposed of such resource, it would be reasonable that the resource (or some portion of the resource) be consumed for the surviving spouse's maintenance. (ii) For purposes of this paragraph, the Secretary may consider, in accordance with regulations the Secretary shall prescribe, a transfer of an asset (including a transfer of an asset to an annuity, trust, or other financial instrument or investment) a disposal of a covered resource for less than fair market value if such transfer reduces the amount in the corpus of the estate of the surviving spouse that the Secretary considers, under all the circumstances, would be reasonable to be consumed for the surviving spouse's maintenance. (C) (i) The look-back date described in this clause is a date that is 36 months before the date described in clause (ii). (ii) The date described in this clause is the date on which the surviving spouse applies for pension under section 1541 of this title or, if later, the date on which the surviving spouse disposes of covered resources for less than fair market value. (D) The date described in this subparagraph is the first day of the first month in or after which covered resources were disposed of for less than fair market value and which does not occur in any other period of ineligibility under this paragraph. (E) The number of months calculated under this subparagraph shall be equal to— (i) the total, cumulative uncompensated value of all covered resources so disposed of by the surviving spouse on or after the look-back date described in subparagraph (C)(i); divided by (ii) the maximum amount of monthly pension that is payable to a surviving spouse under section 1541 of this title, including the maximum amount of increased pension payable under such section on account of a child, but not including any amount of pension payable under such section because a surviving spouse is in need of regular aid and attendance or is permanently housebound, rounded, in the case of any fraction, to the nearest whole number, but shall not in any case exceed 36 months. (F) In the case of a transfer by the surviving spouse during the veteran's lifetime that resulted in a period of ineligibility for the veteran under section 1522 of this title, the Secretary shall apply to the surviving spouse any remaining ineligibility for that period. ; and (C) by adding at the end the following new paragraph: (4) (A) If a surviving spouse otherwise eligible for payment of increased pension under subsection (c), (d), or (e) of section 1541 of this title on account of a child or the child disposes of covered resources for less than fair market value on or after the look-back date described in subparagraph (C)(i), the Secretary shall deny or discontinue payment of such increased pension for months during the period beginning on the date described in subparagraph (D) and equal to the number of months calculated as provided in subparagraph (E). (B) (i) For purposes of this paragraph, a covered resource is any resource that was a part of the corpus of the estate of the child that the Secretary considers that under all the circumstances, if the surviving spouse or the child had not disposed of such resource, it would be reasonable that the resource (or some portion of the resource) be consumed for the child's maintenance. (ii) For purposes of this paragraph, the Secretary may consider, in accordance with regulations the Secretary shall prescribe, a transfer of an asset (including a transfer of an asset to an annuity, trust, or other financial instrument or investment) a disposal of a covered resource for less than fair market value if such transfer reduces the amount in the corpus of the estate of the child that the Secretary considers, under all the circumstances, would be reasonable to be consumed for the child's maintenance. (C) (i) The look-back date described in this clause is a date that is 36 months before the date described in clause (ii). (ii) The date described in this clause is the date on which the surviving spouse applies for payment of increased pension under subsection (c), (d), or (e) of section 1541 of this title on account of a child or, if later, the date on which the surviving spouse (or the child) disposes of covered resources for less than fair market value. (D) The date described in this subparagraph is the first day of the first month in or after which covered resources were disposed of for less than fair market value and which does not occur in any other period of ineligibility under this paragraph. (E) The number of months calculated under this clause shall be equal to— (i) the total, cumulative uncompensated value of all covered resources so disposed of by the surviving spouse (or the child) on or after the look-back date described in subparagraph (C)(i); divided by (ii) the maximum amount of increased monthly pension that is payable to a surviving spouse under subsection (c), (d), or (e) of section 1541 of this title on account of a child, rounded, in the case of any fraction, to the nearest whole number, but shall not in any case exceed 36 months. ; (2) in subsection (b)— (A) by inserting (1) before The Secretary ; and (B) by adding at the end the following new paragraph: (2) (A) If a child otherwise eligible for payment of pension under section 1542 of this title or any person with whom such child is residing who is legally responsible for such child's support disposes of covered resources for less than fair market value on or after the look-back date described in subparagraph (C)(i), the Secretary shall deny or discontinue the payment of pension to such child under section 1542 of this title for months during the period beginning on the date described in subparagraph (D) and equal to the number of months calculated as provided in subparagraph (E). (B) (i) For purposes of this paragraph, a covered resource is any resource that was a part of the corpus of the estate of the child or the corpus of the estate of any person with whom such child is residing who is legally responsible for such child's support that the Secretary considers that under all the circumstances, if the child or person had not disposed of such resource, it would be reasonable that the resource (or some portion of the resource) be consumed for the child's maintenance. (ii) For purposes of this paragraph, the Secretary may consider, in accordance with regulations the Secretary shall prescribe, a transfer of an asset (including a transfer of an asset to an annuity, trust, or other financial instrument or investment) a disposal of a covered resource for less than fair market value if such transfer reduces the amount in the corpus of the estate described in clause (i) that the Secretary considers, under all the circumstances, would be reasonable to be consumed for the child's maintenance. (C) (i) The look-back date described in this clause is a date that is 36 months before the date described in clause (ii). (ii) The date described in this clause is the date on which the child applies for pension under section 1542 of this title or, if later, the date on which the child (or person described in subparagraph (B)) disposes of covered resources for less than fair market value. (D) The date described in this clause is the first day of the first month in or after which covered resources were disposed of for less than fair market value and which does not occur in any other period of ineligibility under this paragraph. (E) The number of months calculated under this clause shall be equal to— (i) the total, cumulative uncompensated value of all covered resources so disposed of by the child (or person described in subparagraph (B)) on or after the look-back date described in subparagraph (C)(i); divided by (ii) the maximum amount of monthly pension that is payable to a child under section 1542 of this title, rounded, in the case of any fraction, to the nearest whole number, but shall not in any case exceed 36 months. ; and (3) by adding at the end the following new subsection: (c) (1) The Secretary shall not deny or discontinue payment of pension under section 1541 or 1542 of this title or payment of increased pension under subsection (c), (d), or (e) of section 1541 of this title on account of a child by reason of the application of subsection (a)(2), (a)(4), or (b)(2) of this section to the disposal of resources by an individual to the extent that— (A) a satisfactory showing is made to the Secretary (in accordance with regulations promulgated by the Secretary) that all resources disposed of for less than fair market value have been returned to the individual who disposed of the resources; or (B) the Secretary determines, under procedures established by the Secretary, that the denial or discontinuance of payment would work an undue hardship as determined on the basis of criteria established by the Secretary. (2) At the time a surviving spouse or child applies for pension under section 1541 or 1542 of this title or increased pension under subsection (c), (d), or (e) of section 1541 of this title on account of a child, and at such other times as the Secretary considers appropriate, the Secretary shall— (A) inform such surviving spouse or child of the provisions of subsections (a)(2), (a)(4), and (b)(2), as applicable, providing for a period of ineligibility for payment of pension or increased pension under such sections for individuals who make certain dispositions of resources for less than fair market value; and (B) obtain from such surviving spouse or child information which may be used in determining whether or not a period of ineligibility for such payments would be required by reason of such subsections. . (c) Effective date Subsections (a)(2), (b)(2), and (c) of section 1522 of title 38, United States Code, as added by subsection (a), and subsections (a)(2), (a)(4), (b)(2), and (c) of section 1543 of such title, as added by subsection (b), shall take effect on the date that is one year after the date of the enactment of this Act and shall apply with respect to payments of pension and increased pension applied for after such date and to payments of pension and increased pension for which eligibility is redetermined after such date, except that no reduction in pension shall be made under such subsections because of any disposal of covered resources made before such date. (d) Annual reports (1) In general Not later than two years after the date of the enactment of this Act and not less frequently than once each year thereafter through 2018, the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a report on the administration of subsections (a)(2), (b)(2), and (c) of section 1522 of title 38, United States Code, as added by subsection (a), and subsections (a)(2), (a)(4), (b)(2), and (c) of section 1543 of such title, as added by subsection (b), during the most recent 12-month period. (2) Elements Each report submitted under paragraph (1) shall include the following, for the period covered by the report: (A) The number of individuals who applied for pension under chapter 15 of such title. (B) The number of individuals who received pension under such chapter. (C) The number of individuals with respect to whom the Secretary denied or discontinued payment of pension under the subsections referred to in paragraph (1). (D) A description of any trends identified by the Secretary regarding pension payments that have occurred as a result of the amendments made by this section. (E) Such other information as the Secretary considers appropriate. (3) Appropriate committees of Congress defined In this subsection, the term appropriate committees of Congress means— (A) the Committee on Veterans' Affairs and the Select Committee on Aging of the Senate; and (B) the Committee on Veterans' Affairs of the House of Representatives.

https://www.govinfo.gov/content/pkg/BILLS-113hr2341ih/xml/BILLS-113hr2341ih.xml

113-hr-2342

I 113th CONGRESS 1st Session H. R. 2342 IN THE HOUSE OF REPRESENTATIVES June 12, 2013 Ms. Roybal-Allard introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Fair Labor Standards Act of 1938 to strengthen the provisions relating to child labor. 1. Short title This Act may be cited as the Children’s Act for Responsible Employment of 2013 or the CARE Act of 2013 . 2. Amended Definitions Section 3(l) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(l) ) is amended to read as follows: (l) Oppressive child labor means a condition of employment under which— (1) any employee who is 16 or 17 years of age is employed by an employer in any occupation found by the Secretary and by order declared to be particularly hazardous for the employment of children between such ages or detrimental to their health or well-being; (2) any employee who is 14 or 15 years of age is employed by an employer, unless the Secretary has determined that the employment is confined to periods which will not interfere with the schooling of the employee, and that the conditions of employment will not interfere with the health and well-being of the employee; or (3) any employee who is under 14 years of age is employed by an employer. . 3. Revised age requirement for child agricultural employment; repeal of waiver provision for hand harvest laborers (a) Revised age requirement Section 13(c) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 213(c) ) is amended by striking paragraphs (1) and (2) and inserting the following: (1) The provisions of section 12 relating to child labor shall not apply to any employee under 18 years of age who is employed in agriculture by his or her parent, or by a person standing in the place of the parent, on a farm owned by the parent or person. (2) The provisions of section 12 relating to child labor shall not apply to any employee under 16 years of age who is employed by his or her parent, or by a person standing in the place of the parent, in employment other than agricultural employment, manufacturing, mining, or any other employment the Secretary finds to be particularly hazardous for the employment of a child 16 or 17 years of age or detrimental to their health or well being. . (b) Repeal of waiver provision Section 13(c) of such Act ( 29 U.S.C. 213(c) ) is further amended by striking paragraph (4) and redesignating paragraphs (5) through (7) as paragraphs (4) through (6), respectively. 4. Increased civil penalties for child labor violations Paragraph (1) of section 16(e) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216(e)(1) ) is amended— (1) by striking person each place it appears and inserting employer ; (2) in subparagraph (A)— (A) by striking not to exceed and inserting of ; and (B) by amending clauses (i) and (ii) to read as follows: (i) not less than $500 and not more than $15,000 for each employee who was the subject of such a violation; or (ii) not less than $15,000 and not more than $50,000 with regard to each such violation that causes the serious injury, serious illness, or death of any employee under the age of 18 years, which penalty may be doubled where the violation is a repeated or willful violation. ; and (3) in subparagraph (B) by striking the term serious injury means and inserting the terms serious injury and serious illness mean . 5. Special criminal penalties for certain aggravated child labor violations Section 16 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216 ) is amended— (1) in subsection (a), by striking Any person and inserting Except as provided in subsection (f), any person ; and (2) by adding at the end the following: (f) Any person who repeatedly or willfully violates any of the provisions of section 12, and such violations result in or cause the death or serious injury or serious illness of an employee under 18 years of age at the time of such violation, shall be subject to imprisonment for not more than 5 years or a fine under title 18, United States Code, or both. . 6. Pesticide-related worker protection standard Congress finds and declares that the employment of children under the age of 18 in the occupation of a pesticide handler as defined in the worker protection standard for workers exposed to pesticides in part 170 of title 40, Code of Federal Regulations, is particularly hazardous to such children and detrimental to their health and well-being. The Secretary of Labor shall revise part 570 of title 29, Code of Federal Regulations, to prohibit the employment of a child under the age of 18 to perform any of the tasks or duties described in the definition of the term handler in section 170.3 of title 40, Code of Federal Regulations. 7. Application of fair labor standards amendments (a) Rulemaking The Secretary of Labor may prescribe rules as necessary to implement the amendments made by sections 2 through 5 and the revision required by section 6. Any such rules issued shall take effect not later than 30 days after the date on which the such rules are published in the Federal Register. (b) Violations The amendments made by sections 2, 3, 4, and 5 and the revision required by section 7 shall apply to violations of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) that occur after the date on which the rules issued under subsection (a) take effect. (c) Rule of construction Nothing in the amendments made by section 3, 4, or 5 or in the revision required by section 7 shall be construed to preempt any State law that provides protections or remedies for employees that are greater than the protections or remedies provided under such amendments or such revision.

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113-hr-2343

I 113th CONGRESS 1st Session H. R. 2343 IN THE HOUSE OF REPRESENTATIVES June 12, 2013 Ms. Schwartz (for herself, Ms. Fudge , Mr. Blumenauer , and Ms. Pingree of Maine ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Department of Agriculture Reorganization Act of 1994 to establish in the Department of Agriculture a Healthy Food Financing Initiative. 1. Short title This Act may be cited as the Healthy Food Financing Initiative . 2. Findings Congress finds that— (1) (A) the United States faces an obesity epidemic in which 30.5 percent of children ages 10 through 17 are overweight or obese; (B) the obesity epidemic contributes to increasing rates of chronic illness, including diabetes, heart disease, and cancer; and (C) the obesity epidemic cost the United States $147,000,000 in medical expenses in 2008, and this cost is expected to rise in the future; (2) the Reinvestment Fund estimates that almost 25,000,000 people in the United States live in low-income communities with limited access to supermarkets and grocery stores; (3) more than 130 studies show that— (A) access to healthy food is particularly a problem in hundreds of low-income, rural, and urban communities, as well as communities of color in the United States; and (B) the opportunity to access healthy food is linked to lower levels of obesity, diabetes, and other food-related chronic illnesses, leading to better health outcomes; (4) (A) children from low-income families are twice as likely to be overweight as children from higher income families; and (B) African-American and Hispanic children are more likely than Caucasian children to be obese; (5) studies show that when healthy foods are available, people will increase consumption of fruits and vegetables; (6) leading public health experts, including the Centers for Disease Control and Prevention, the American Heart Association, the Institute of Medicine, and the American Public Health Association, agree that providing improved access to supermarkets and grocery stores is needed to improve public health and prevent obesity; (7) developing high-quality fresh food retail outlets creates jobs, expands markets for agricultural producers in the United States, and supports economic vitality in underserved communities; (8) (A) supermarkets and grocery stores often face barriers to opening stores in food deserts; (B) the supermarket industry operates on an historically thin profit margin; (C) according to the 2011 National Grocers Association Independent Grocers Survey, the average net profit margin before taxes for independent grocers in 2010 was 1.08 percent; (D) urban operators face barriers, including— (i) increased real estate costs or limited availability of suitable commercial real estate in the community; (ii) increased employee training needs and costs; (iii) elevated security expenses; and (iv) often zoning restrictions; (E) supermarkets and grocery stores in rural food deserts also face barriers, including increased food delivery costs due to distance from distributers, dispersed customer base, and low volume; and (F) access to affordable capital is a significant problem for both rural and urban projects; (9) by providing seed capital and technical assistance, the Federal Government, through time-limited investments, can— (A) attract private sector investment to create and retain much-needed jobs; and (B) provide long-term, sustainable solutions to the decades-old problem of limited access to healthy food in underserved, low-income urban and rural communities; and (10) legislation establishing a national fund modeled on the successful Pennsylvania Fresh Food Financing Initiative will help address the obesity epidemic while also creating much-needed jobs and economic revitalization, and solving the healthy food access problem in hundreds of communities across the United States. 3. Healthy Food Financing Initiative (a) In general Subtitle D of title II of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6951 et seq. ) is amended by adding at the end the following new section: 242. Healthy Food Financing Initiative (a) Purpose The purpose of this section is to enhance the authorities of the Secretary to support efforts to provide access to healthy food by establishing an initiative to improve access to healthy foods in underserved areas, to create and preserve quality jobs, and to revitalize low-income communities by providing loans and grants to eligible fresh, healthy food retailers to overcome the higher costs and initial barriers to entry in underserved areas. (b) Definitions In this section: (1) Community development financial institution The term community development financial institution has the meaning given the term in section 103 of the Community Development Banking and Financial Institutions Act of 1994 ( 12 U.S.C. 4702 ). (2) Initiative The term Initiative means the Healthy Food Financing Initiative established under subsection (c)(1). (3) National fund manager The term national fund manager means a community development financial institution that is— (A) in existence on the date of enactment of this section; and (B) certified by the Community Development Financial Institution Fund of the Department of Treasury to manage the Initiative for purposes of— (i) raising private capital; (ii) providing financial and technical assistance to partnerships; and (iii) funding eligible projects to attract fresh, healthy food retailers to underserved areas, in accordance with this section. (4) Partnership The term partnership means a regional, State, or local public-private partnership that— (A) is organized to improve access to fresh, healthy foods; (B) provides financial and technical assistance to eligible projects; and (C) meets such other criteria as the Secretary may establish. (5) Perishable food The term perishable food means a staple food that is fresh, refrigerated, or frozen. (6) Quality job The term quality job means a job that provides wages and other benefits comparable to, or better than, similar positions in existing businesses of similar size in similar local economies. (7) Staple food (A) In general The term staple food means food that is a basic dietary item. (B) Inclusions The term staple food includes— (i) bread; (ii) flour; (iii) fruits; (iv) vegetables; and (v) meat. (c) Initiative (1) Establishment The Secretary shall establish an initiative to achieve the purpose described in subsection (a) in accordance with this subsection. (2) Implementation (A) In general (i) In general In carrying out the Initiative, the Secretary shall provide funding to entities with eligible projects, as described in subparagraph (B), subject to the priorities described in subparagraph (C). (ii) Use of funds Funds provided to an entity pursuant to clause (i) shall be used— (I) to create revolving loan pools of capital or other products to provide loans to finance eligible projects or partnerships; (II) to provide grants for eligible projects or partnerships; (III) to provide technical assistance to funded projects and entities seeking Initiative funding; and (IV) to cover administrative expenses of the national fund manager in an amount not to exceed 10 percent of the Federal funds provided. (B) Eligible projects Subject to the approval of the Secretary, the national fund manager shall establish eligibility criteria for projects under the Initiative, which shall include the existence or planned execution of agreements— (i) to expand or preserve the availability of staple foods in underserved areas with moderate- and low-income populations by maintaining or increasing the number of retail outlets that offer an assortment of perishable food and staple food items, as determined by the Secretary, in those areas; and (ii) to accept benefits under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ). (C) Priorities In carrying out the Initiative, priority shall be given to projects that— (i) are located in severely distressed low-income communities, as defined by the Community Development Financial Institutions Fund of the Department of Treasury; and (ii) include 1 or more of the following characteristics: (I) The project will create or retain quality jobs for low-income residents in the community. (II) The project supports regional food systems and locally grown foods, to the maximum extent practicable. (III) In areas served by public transit, the project is accessible by public transit. (IV) The project involves women- or minority-owned businesses. (V) The project receives funding from other sources, including other Federal agencies. (VI) The project otherwise advances the purpose of this section, as determined by the Secretary. (d) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $125,000,000, to remain available until expended. . (b) Conforming amendment Section 296(b) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 7014(b) ) is amended— (1) in paragraph (6), by striking or at the end; (2) in paragraph (7), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new paragraph: (8) the authority of the Secretary to establish and carry out the Health Food Financing Initiative under section 242. .

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113-hr-2344

I 113th CONGRESS 1st Session H. R. 2344 IN THE HOUSE OF REPRESENTATIVES June 12, 2013 Mr. Sessions (for himself and Mr. Thompson of California ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To direct the Secretary of Defense to carry out a pilot program for investigational treatment of members of the Armed Forces for traumatic brain injury and post-traumatic stress disorder. 1. Short title This Act may be cited as the TBI Treatment Act . 2. Pilot program for investigational treatment of members of the Armed Forces for traumatic brain injury and post-traumatic stress disorder (a) Process The Secretary of Defense shall carry out a five-year pilot program under which the Secretary shall establish a process through which the Secretary shall provide payment for investigational treatments (including diagnostic testing) of traumatic brain injury or post-traumatic stress disorder received by members of the Armed Forces in health care facilities other than military treatment facilities. Such process shall provide that payment be made directly to the health care facility furnishing the treatment. (b) Conditions for approval The approval by the Secretary for payment for a treatment pursuant to subsection (a) shall be subject to the following conditions: (1) Any drug or device used in the treatment must be approved or cleared by the Food and Drug Administration for any purpose and its use must comply with rules of the Food and Drug Administration applicable to investigational new drugs or investigational devices. (2) The treatment must be approved by the Secretary following approval by an institutional review board operating in accordance with regulations issued by the Secretary of Health and Human Services. (3) The patient receiving the treatment must demonstrate an improvement under criteria approved by the Secretary, as a result of the treatment on one or more of the following: (A) Standardized independent pre-treatment and post-treatment neuropsychological testing. (B) Accepted survey instruments including, such instruments that look at quality of life. (C) Neurological imaging. (D) Clinical examination. (4) The patient receiving the treatment must be receiving the treatment voluntarily and based on informed consent. (5) The patient receiving the treatment may not be a retired member of the Armed Forces who is entitled to benefits under part A, or eligible to enroll under part B, of title XVIII of the Social Security Act. (c) Additional restrictions authorized The Secretary may establish additional restrictions or conditions for reimbursement as the Secretary determines appropriate to ensure the protection of human research subjects, appropriate fiscal management, and the validity of the research results. (d) Authority The Secretary shall make payments under this section for treatments received by members of the Armed Forces using the authority in subsection (c)(1) of section 1074 of title 10, United States Code. (e) Amount A payment under this section shall be made at the equivalent Centers for Medicare and Medicaid Services reimbursement rate in effect for appropriate treatment codes for the State or territory in which the treatment is received. If no such rate is in effect, payment shall be made on a cost-reimbursement basis, as determined by the Secretary, in consultation with the Secretary of Health and Human Services. (f) Data collection and availability (1) In general The Secretary shall develop and maintain a database containing data from each patient case involving the use of a treatment under this section. The Secretary shall ensure that the database preserves confidentiality and that any use of the database or disclosures of such data are limited to such use and disclosures permitted by law and applicable regulations. (2) Publication of qualified institutional review board studies The Secretary shall ensure that an Internet website of the Department of Defense includes a list of all civilian institutional review board studies that have received a payment under this section. (g) Assistance for members To obtain treatment (1) Assignment to temporary duty The Secretary of a military department may assign a member of the Armed Forces under the jurisdiction of the Secretary to temporary duty or allow the member a permissive temporary duty in order to permit the member to receive treatment for traumatic brain injury or post-traumatic stress disorder, for which payments shall be made under subsection (a), at a location beyond reasonable commuting distance of the permanent duty station of the member. (2) Per diem A member who is away from the permanent station of the member may be paid a per diem in lieu of subsistence in an amount not more than the amount to which the member would be entitled if the member were performing travel in connection with a temporary duty assignment. (3) Gift rule waiver The Secretary of Defense may waive any rule of the Department of Defense regarding ethics or the receipt of gifts with respect to any assistance provided to a member of the Armed Forces for travel or per diem expenses incidental to receiving treatment under this section. (h) Memoranda of understanding The Secretary shall enter into memoranda of understandings with civilian institutions for the purpose of providing members of the Armed Forces with treatment carried out by civilian health care practitioners under treatment— (1) approved by and under the oversight of civilian institutional review boards; and (2) that would qualify for payment under this section. (i) Outreach The Secretary of Defense shall establish a process to notify members of the Armed Forces of the opportunity to receive treatment pursuant to this section. (j) Report to congress Not later than 30 days after the last day of each fiscal year during which the Secretary is authorized to make payments under this section, the Secretary shall submit to Congress an annual report on the implementation of this section and any available results on investigational treatment studies authorized under this section. (k) Termination The authority to make a payment under this section shall terminate on the date that is five years after the date of the enactment of this Act. (l) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000 for each fiscal year during which the Secretary is authorized to make payments under this section.

https://www.govinfo.gov/content/pkg/BILLS-113hr2344ih/xml/BILLS-113hr2344ih.xml

113-hr-2345

I 113th CONGRESS 1st Session H. R. 2345 IN THE HOUSE OF REPRESENTATIVES June 12, 2013 Mr. Turner introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on Oversight and Government Reform and Appropriations , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title 5, United States Code, to prohibit the transfer or reprogramming of discretionary appropriations made available to the Internal Revenue Service, and for other purposes. 1. Short title This Act may be cited as the The Stop Internal Resource Slush Fund Act . 2. Amendment to prohibit the transfer or reprogramming of funds made available to the IRS (a) In general Chapter 95 of title 5, United States Code, is amended by adding at the end the following: 9511. Prohibition on transfer or reprogramming of funds (a) Prohibition Notwithstanding any other provision of law, and in accordance with subsection (b), none of the funds made available to the Internal Revenue Service shall be eligible for transfer or reprogramming if such funds are derived from— (1) fees for services provided by the Internal Revenue Service; (2) discretionary appropriations for salaries and expenses or other personnel and hiring programs; or (3) reimbursable programs. (b) Deficit reduction On the date that is 90 days after the last day of the fiscal year in which such funds were collected or made available, any unobligated amounts derived from subsection (a)(1), (a)(2), or (a)(3) are rescinded and shall be returned to the general fund of the Treasury for the sole purpose of deficit reduction. . (b) Technical and conforming amendments (1) The table of sections for chapter 95 of title 5, United States Code, is amended by inserting after the item relating to section 9510 the following: 9511. Internal Revenue Service personnel limitations. . (2) The heading for chapter 95 of title 5, United States Code, is amended by inserting and requirements after flexibilities .

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113-hr-2346

I 113th CONGRESS 1st Session H. R. 2346 IN THE HOUSE OF REPRESENTATIVES June 13, 2013 Mr. Roe of Tennessee (for himself, Mr. Kline , Mr. McKeon , Mr. Wilson of South Carolina , Mr. Price of Georgia , Mr. Marchant , Mr. Thompson of Pennsylvania , Mr. Guthrie , Mr. DesJarlais , Mr. Rokita , Mr. Bucshon , Mr. Gowdy , Mrs. Roby , Mr. Heck of Nevada , Mr. Hudson , Mr. Duncan of Tennessee , Mr. King of Iowa , Mr. Stutzman , Mr. Fincher , Mr. Griffin of Arkansas , and Mr. Long ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the National Labor Relations Act to ensure the right of employees to a secret ballot election conducted by the National Labor Relations Board. 1. Short title This Act may be cited as the Secret Ballot Protection Act . 2. Findings Congress finds that— (1) the importance of a secret ballot election has been recognized by the United States for over 100 years; (2) the fundamental democratic right to choose by secret ballot is the only method that ensures a choice free of coercion, intimidation, irregularity, or illegality; (3) the recognition of a labor organization by way of a private agreement, rather than a secret ballot election supervised by a neutral third party, threatens an employee’s right, codified in the National Labor Relations Act, to choose whether or not to be represented by a labor organization; and (4) preserving workers’ right to choose whether or not to be represented by a labor organization through a secret ballot election is important to the strength of the national economy. 3. National Labor Relations Act (a) Recognition of representative (1) In general Section 8(a)(2) of the National Labor Relations Act (29 U.S.C. 158(a)(2)) is amended by inserting before the colon the following: or to recognize or bargain collectively with a labor organization that has not been selected by a majority of employees in a unit appropriate for such purposes in a secret ballot election conducted by the Board in accordance with section 9 . (2) Application The amendment made by paragraph (1) shall not apply to collective bargaining relationships that were recognized before the date of enactment of this Act. (b) Election required (1) In general Section 8(b) of the National Labor Relations Act (29 U.S.C. 158(b)), as amended by subsection (c) of this section, is amended— (A) by striking and at the end of paragraph (6); (B) by striking the period at the end of paragraph (7) and inserting ; and ; and (C) by adding at the end the following: (8) to cause or attempt to cause an employer to recognize or bargain collectively with a representative of a labor organization that has not been selected by a majority of employees in a unit appropriate for such purposes in a secret ballot election conducted by the Board in accordance with section 9. . (2) Application The amendment made by paragraph (1) shall not apply to collective bargaining relationships that were recognized before the date of enactment of this Act. (c) Secret ballot election required (1) Designation of representative by secret ballot Section 9(a) of the National Labor Relations Act ( 29 U.S.C. 159(a) ), is amended— (A) by inserting (1) after (a) ; and (B) by inserting after designated or selected the following: by a secret ballot election conducted by the Board in accordance with this section . (2) Decertification Such section is further amended by adding at the end the following: (2) The Board shall conduct a secret ballot election to determine whether a labor organization certified or recognized by an employer as the representative for the purposes of collective bargaining is no longer the representative of a unit as defined in paragraph (1). . (3) Application The amendment made by paragraph (1) shall not apply to collective bargaining relationships that were recognized before the date of enactment of this Act. (d) Conforming amendments Section 9(c)(1) of such Act ( 29 U.S.C. 159(c)(1) ) is amended— (1) in subparagraph (A)— (A) in clause (i), by striking and that their employer declines to recognize their representative as the representative defined in section 9(a) and inserting by a representative ; and (B) in clause (ii), by striking section 9(a); and inserting subsection (a), ; and (2) in subparagraph (B), by striking alleging and all that follows through defined in section 9(a) . 4. Regulations Not later than 6 months after the date of enactment of this Act, the National Labor Relations Board shall review and revise all regulations promulgated before such date to implement the amendments made in this Act to the National Labor Relations Act.

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113-hr-2347

I 113th CONGRESS 1st Session H. R. 2347 IN THE HOUSE OF REPRESENTATIVES June 13, 2013 Mr. Price of Georgia (for himself, Mr. Kline , Mr. McKeon , Mr. Wilson of South Carolina , Mr. Marchant , Mr. Roe of Tennessee , Mr. Guthrie , Mr. DesJarlais , Mr. Rokita , Mr. Bucshon , Mr. Gowdy , Mrs. Roby , Mr. Heck of Nevada , Mr. Bachus , Mr. Westmoreland , and Mr. Long ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the National Labor Relations Act with respect to the criteria for determining employee units appropriate for the purposes of collective bargaining. 1. Short title This Act may be cited as the Representation Fairness Restoration Act . 2. Determination of appropriate units for collective bargaining Section 9(b) of the National Labor Relations Act ( 29 U.S.C. 159(b) ) is amended— (1) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C); (2) by striking The Board shall decide and all that follows through or subdivision thereof: and inserting the following: (1) In each case, prior to an election, the Board shall determine, in order to assure to employees the fullest freedom in exercising the rights guaranteed by this Act, the unit appropriate for the purposes of collective bargaining. Unless otherwise stated in this Act, and excluding any bargaining unit determination promulgated through rulemaking before August 26, 2011, the unit appropriate for purposes of collective bargaining shall consist of employees that share a sufficient community of interest. In determining whether employees share a sufficient community of interest, the Board shall consider— (A) similarity of wages, benefits, and working conditions; (B) similarity of skills and training; (C) centrality of management and common supervision; (D) extent of interchange and frequency of contact between employees; (E) integration of the work flow and interrelationship of the production process; (F) the consistency of the unit with the employer’s organizational structure; (G) similarity of job functions and work; and (H) the bargaining history in the particular unit and the industry. To avoid the proliferation or fragmentation of bargaining units, employees shall not be excluded from the unit unless the interests of the group seeking a separate unit are sufficiently distinct from those of other employees to warrant the establishment of a separate unit. Whether additional employees should be included in a proposed unit shall be determined based on whether such additional employees and proposed unit members share a sufficient community of interest, with the sole exception of proposed accretions to an existing unit, in which the inclusion of additional employees shall be based on whether such additional employees and existing unit members share an overwhelming community of interest and the additional employees have little or no separate identity. ; and (3) by striking Provided, That the Board and inserting the following: (2) The Board .

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113-hr-2348

I 113th CONGRESS 1st Session H. R. 2348 IN THE HOUSE OF REPRESENTATIVES June 13, 2013 Mr. Schweikert introduced the following bill; which was referred to the Committee on Financial Services , and in addition to the Committee on the Budget , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide certainty that Congress and the Administration will undertake substantive and structural housing finance reform, and for other purposes. 1. Short title This Act may be cited as the Jumpstart GSE Reform Act . 2. Definitions As used in this Act, the following definitions shall apply: (1) Enterprise The term enterprise has the same meaning as in section 1303 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992. (2) Guarantee fee The term guarantee fee has the same meaning as in section 1327(a) of the Housing and Community Development Act of 1992 (12 U.S.C. 4547(a)). (3) Secretary The term Secretary means the Secretary of the Treasury. (4) Senior Preferred Stock Purchase Agreement The term Senior Preferred Stock Purchase Agreement means— (A) the Amended and Restated Senior Preferred Stock Purchase Agreement, dated September 26, 2008, as such Agreement has been amended on May 6, 2009, December 24, 2009, and August 17, 2012, respectively, and as such Agreement may be further amended and restated, entered into between the Department of the Treasury and each enterprise, as applicable; and (B) any provision of any certificate in connection with such Agreement creating or designating the terms, powers, preferences, privileges, limitations, or any other conditions of the Variable Liquidation Preference Senior Preferred Stock of an enterprise issued or sold pursuant to such Agreement. 3. Prohibition on use of guarantee fees to offset other government spending An increase in the guarantee fee required to be charged by an enterprise may not be used to offset an increase in outlays or a reduction in revenues for any purpose (other than those related to the enterprises' business functions) under— (1) the congressional budget; (2) the Balanced Budget and Emergency Deficit Control Act of 1985; or (3) the Statutory Pay-As-You-Go Act of 2010. 4. Limitations on sale of preferred stock Notwithstanding any other provision of law or any provision of the Senior Preferred Stock Purchase Agreement, the Secretary may not sell, transfer, relinquish, liquidate, divest, or otherwise dispose of any outstanding shares of senior preferred stock acquired pursuant to the Senior Preferred Stock Purchase Agreement, until such time as Congress has passed and the President has signed into law legislation that includes a specific instruction to the Secretary regarding the sale, transfer, relinquishment, liquidation, divestiture, or other disposition of the senior preferred stock so acquired.

https://www.govinfo.gov/content/pkg/BILLS-113hr2348ih/xml/BILLS-113hr2348ih.xml

113-hr-2349

I 113th CONGRESS 1st Session H. R. 2349 IN THE HOUSE OF REPRESENTATIVES June 13, 2013 Mrs. Negrete McLeod (for herself and Ms. Hahn ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To restore and extend the grace period of Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans. 1. Short title This Act may be cited as the Get Relief from Academic Debt Act of 2013 or the GRAD Act of 2013 . 2. Restoration and extension of the start of the repayment period of certain Federal direct loans (a) Restoration of interest subsidy during first 6-Month grace period Section 428(a)(3)(A)(i)(I) of the Higher Education Act of 1965 (20 U.S.C. 1078(a)(3)(A)(i)(I)) is amended by inserting or, for a Federal Direct Stafford Loan for which the first disbursement is made on or after July 1, 2013, which accrues prior to the beginning of the repayment period of the loan (except for interest which accrues during the last 6-months prior to the beginning of such period, in the case of a student who makes an election under section 3(b)(2) of the Get Relief from Academic Debt Act of 2013 ), before , or . (b) Grace-Period extension (1) Amendment Section 428(b)(7) of the Higher Education Act of 1965 ( 20 U.S.C. 1078(b)(7) ) is amended— (A) in subparagraph (A), by inserting or, in the case of a student who makes an election under section 3(b)(2) of the Get Relief from Academic Debt Act of 2013 , 12 months after 6 months ; and (B) in subparagraph (D), by inserting or, in the case of a student who makes an election under section 3(b)(2) of the Get Relief from Academic Debt Act of 2013 , the 12-month period after 6-month period . (2) Election of extended grace period for certain FDSL and FDUS Loans The Secretary of Education shall provide an opportunity for each borrower who has a Federal Direct Stafford Loan or Federal Direct Unsubsidized Stafford Loan for which the first disbursement is made on or after July 1, 2013, to elect a 12-month grace period, in accordance with section 428(b)(7) of the Higher Education Act of 1965, as amended by this subsection, before beginning repayment. The Secretary shall— (A) notify each such borrower of the opportunity for such an election not later than 45 days before the start of the borrower’s repayment period, as determined under section 428(b)(7) of the Higher Education Act of 1965 as in effect on the day before the date of enactment of this Act; (B) advise each such borrower of the financial consequences of electing such 12-month grace period; and (C) not require such a borrower to accept a 12-month grace period in accordance with section 428(b)(7) of the Higher Education Act of 1965 (as amended by this subsection), unless the borrower specifically elects such 12-month grace period not later than 14 days before the start of the borrower’s repayment period, as determined under section 428(b)(7) of the Higher Education Act of 1965 as in effect on the day before the date of enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2349ih/xml/BILLS-113hr2349ih.xml

113-hr-2350

I 113th CONGRESS 1st Session H. R. 2350 IN THE HOUSE OF REPRESENTATIVES June 13, 2013 Mr. Cartwright (for himself, Ms. Norton , Ms. Wilson of Florida , Mr. Pocan , Ms. Titus , Mrs. Christensen , Mr. Conyers , Mr. Rangel , Mr. Payne , Mr. Blumenauer , Mr. Rush , Mr. Pierluisi , Ms. DeGette , Ms. Kaptur , Ms. Clarke , Mr. Polis , Mr. Honda , and Mr. Cárdenas ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To provide employees with 2 hours of paid leave in order to vote in Federal elections. 1. Short title This Act may be cited as the Time Off to Vote Act . 2. Requirement for 2 hours paid leave to vote in Federal elections (a) Entitlement to leave An employee shall be entitled to 2 hours of paid leave on the day of any Federal election in order to vote. (b) Employer right To determine 2-Hour period For each employee taking leave under subsection (a), the employer of such employee may designate the 2-hour period during which the employee may take leave. Any lunch break or other break period may not be included in the 2-hour period designated for leave. (c) No loss of benefits The taking of leave under this section shall not result in the loss of any employment benefit accrued prior to the date on which the leave was taken. (d) Prohibited Acts (1) Interference with rights under this Act It shall be unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise, the right to take leave under this Act, or to discriminate against an employee in any manner for taking leave under this Act. (2) Retaliation It shall be unlawful for any employer to discharge or in any other manner discriminate against any individual for— (A) opposing any practice made unlawful by this section; (B) filing any charge, or instituting or causing to be instituted any proceeding, under or related to this section; (C) giving or preparing to give any information in connection with any inquiry or proceeding relating to any leave provided under this section; or (D) testifying or preparing to testify in any inquiry or proceeding relating to any leave provided under this section. (e) Investigative authority The Secretary of Labor shall have investigative authority with respect to the provisions of this subsection in the same manner and under the same terms and conditions as the investigative authority provided under section 106 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2616 ), and the requirements of section 106 of such Act shall apply to employers under this subsection in the same manner as such requirements apply to employers under section 106 of such Act. (f) Enforcement (1) In general Any employer that violates this Act may be subject to a civil penalty not to exceed $10,000 per violation. Civil penalties shall be assessed by and paid to the Secretary of Labor for deposit into the Treasury of the United States and shall accrue to the United States and may be recovered in a civil action in the name of the United States brought in the United States district court for the district where the violation is alleged to have occurred or where the employer has its principal office. (2) Considerations In assessing a civil penalty under this Act, the Secretary shall give due consideration to the appropriateness of the penalty with respect to the size of the business of the employer being charged, the gravity of the violation, the good faith of the employer, and the history of previous violations. (g) Definitions As used in this Act— (1) the term employee has the meaning given such term in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ); and (2) the term employer means any person engaged in commerce or in any industry or activity affecting commerce who employs 25 or more employees during a calendar year, and includes any person who acts, directly or indirectly, in the interest of an employer to any of the employees of such employer and any successor in interest of an employer. In the previous sentence, the terms commerce and industry or activity affecting commerce have the meaning given such terms in section 101(1) of the Family and Medical Leave Act of 1993. (h) Effective date This section shall take effect beginning with the first Federal election held after the date of enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2350ih/xml/BILLS-113hr2350ih.xml

113-hr-2351

I 113th CONGRESS 1st Session H. R. 2351 IN THE HOUSE OF REPRESENTATIVES June 13, 2013 Mr. Whitfield (for himself, Mr. McKinley , Mr. Enyart , and Mr. Rahall ) 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 repeal the fossil fuel consumption percentage reduction requirements for Federal buildings under the Energy Conservation and Production Act. 1. Repeal of fossil fuel consumption percentage reduction requirements for Federal buildings (a) Repeal Subclauses (I) and (II) of section 305(a)(3)(D)(i) of the Energy Conservation and Production Act (42 U.S.C. 6834(a)(3)(D)(i)) are repealed. (b) Conforming amendment Section 305(a)(3)(D)(vi) of the Energy Conservation and Production Act is amended by striking subclauses (I) and (III) of clause (i) and inserting clause (i) .

https://www.govinfo.gov/content/pkg/BILLS-113hr2351ih/xml/BILLS-113hr2351ih.xml

113-hr-2352

I 113th CONGRESS 1st Session H. R. 2352 IN THE HOUSE OF REPRESENTATIVES June 13, 2013 Ms. Schakowsky (for herself, Mr. Carson of Indiana , Mr. Ellison , Mr. Langevin , Ms. Moore , Ms. Norton , and Mr. Rangel ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To require all newly constructed, federally assisted, single-family houses and town houses to meet minimum standards of visitability for persons with disabilities. 1. Short title This Act may be cited as the Eleanor Smith Inclusive Home Design Act of 2013 . 2. Definitions As used in this Act: (1) Covered dwelling unit The term covered dwelling unit means a dwelling unit that— (A) is a detached single family house, a townhouse or multi-level dwelling unit (whether detached or attached to other units or structures), or a ground-floor unit in a building of three or fewer dwelling units; (B) is designed as, or intended for occupancy as, a residence; (C) was designed, constructed, or commissioned, contracted or otherwise arranged for construction, by any person or entity who, at any time before the design or construction, received or was guaranteed Federal financial assistance for any program or activity; and (D) is made available for first occupancy after the expiration of the one-year period beginning on the date of the enactment of this Act. (2) Federal financial assistance The term Federal financial assistance means— (A) any assistance that is provided or otherwise made available by the Secretary of Housing and Urban Development or the Secretary of Veterans Affairs, or any program or activity or such agencies, through any grant, loan, contract, or any other arrangement, after the expiration of the one-year period beginning on the date of the enactment of this Act, including— (i) grants, subsidies, or any other funds; (ii) services of Federal personnel; (iii) real or personal property or any interest in or use of such property, including— (I) transfers or leases of the property for less than the fair market value or for reduced consideration; and (II) proceeds from a subsequent transfer or lease of the property if the Federal share of its fair market value is not returned to the Federal Government; (iv) any tax credit, mortgage or loan guarantee or insurance; and (v) community development funds in the form of obligations guaranteed under section 108 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5308 ); or (B) any assistance that is provided or otherwise made available by the Secretary of Agriculture under title V of the Housing Act of 1949 ( 42 U.S.C. 1471 et seq. ). (3) Person or entity The term person or entity includes one or more individuals, corporations (including not-for-profit corporations), partnerships, associations, labor organizations, legal representatives, mutual corporations, joint-stock companies, trusts, unincorporated associations, trustees, trustees in cases under title 11 of the United States Code, receivers, and fiduciaries. 3. Visitability requirement It shall be unlawful for any person referred to in section 2(1)(C) with respect to a covered dwelling unit to fail to ensure that such dwelling unit contains at least one level that complies with the Standards for Type C (Visitable) Units of the American National Standards Institute (ANSI) Standards for Accessible and Usable Buildings and Facilities (1005–ICC ANSI A117.1–2009) and any future revisions thereto. 4. Enforcement (a) Requirement for Federal financial assistance Each applicant for Federal financial assistance shall submit an assurance to the Federal agency responsible for such assistance that all of its programs and activities will be conducted in compliance with this Act. (b) Approval of architectural and construction plans (1) Submission Any applicant for or recipient of Federal financial assistance for a covered dwelling unit shall submit for approval the architectural and construction plans for such unit to the State or local department or agency that is responsible, under applicable State or local law, for the review and approval of construction plans for compliance with generally applicable building codes or requirements (in this subsection referred to as the appropriate State or local agency ). (2) Determination of compliance (A) Enforcement actions The enforcement actions under this subparagraph are— (i) reviewing any plans for a covered dwelling unit submitted pursuant to paragraph (1) and approving or disapproving such plans based upon compliance of the dwelling unit with the requirements of this Act; and (ii) consistent with applicable State or local laws and procedures, withholding final approval of construction or occupancy of a covered dwelling unit unless and until such compliance is determined. (B) Condition of Federal housing assistance The Secretary of Housing and Urban Development may not provide any Federal financial assistance under any program administered by such Secretary to a State or unit of general local government (or any agency thereof) unless the appropriate State or local agency thereof is, in the determination of the Secretary, taking the enforcement actions under subparagraph (A). (c) Civil action for private persons (1) Action Any person aggrieved by an act or omission that is unlawful under this Act may commence a civil action in an appropriate United States district court or State court against any person or entity responsible for any part of the design or construction of a covered dwelling unit no later than two years after the occurrence or termination of the alleged unlawful conduct under this Act. (2) Liability In any action under this subsection for a violation involving architectural or construction plans for a covered dwelling unit that were approved by the appropriate State or local department or agency— (A) if such approved plans violate this Act and any construction on such dwelling that violates this Act was performed in accordance with such approved plans, such State or local department or agency shall be liable for such construction in violation; and (B) if such approved plans comply with this Act and any construction on such dwelling violates this Act, the person or entity responsible for the construction shall be liable for such construction in violation. (d) Enforcement by Attorney General Whenever the Attorney General has reasonable cause to believe that any person or group of persons has violated this Act, the Attorney General may commence a civil action in any appropriate United States district court. The Attorney General may also, upon timely application, intervene in any civil action brought under subsection (c) by a private person if the Attorney General certifies that the case is of general public importance. (e) Relief In any civil action brought under this section, if the court finds that a violation of this title has occurred or is about to occur, it may award to the plaintiff actual and punitive damages, and subject to subsection (g), may grant as relief, as the court finds appropriate, any permanent or temporary injunction, temporary restraining order, or other order (including an order enjoining the defendant from violating the Act or ordering such affirmative action as may be appropriate). (f) Violations For purposes of this section, a violation involving a covered dwelling unit that is not designed or constructed in conformity with the requirements of this Act shall not be considered to terminate until the violation is corrected. (g) Attorney’s fees In any civil action brought under this section, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee and costs. (h) Effect on certain sales, encumbrances, and rentals Relief granted under this section shall not affect any contract, sale, encumbrance, or lease consummated before the granting of such relief and involving a bona fide purchaser, encumbrancer, or tenant, without actual notice of a civil action under this title. 5. Effect on State laws Nothing in this Act shall be constructed to invalidate or limit any law of a State or political subdivision of a State, or of any other jurisdiction in which this Act shall be effective, that grants, guarantees, or provides the same rights, protections, and requirements as are provided by this Act, but any law of a State, a political subdivision thereof, or other such jurisdiction that purports to require or permit any action that would violate this Act shall to that extent be invalid. 6. Disclaimer of preemptive effect on other acts Nothing in this Act shall limit any right, procedure, or remedy available under the Constitution or any other Act of the Congress. 7. Severability of provisions If any provision of this Act of the application thereof to any person or circumstances is held invalid, the remainder of the Act and the application of the provision to other persons not similarly situated shall not be affected thereby.

https://www.govinfo.gov/content/pkg/BILLS-113hr2352ih/xml/BILLS-113hr2352ih.xml

113-hr-2353

I 113th CONGRESS 1st Session H. R. 2353 IN THE HOUSE OF REPRESENTATIVES June 13, 2013 Mr. Petri (for himself and Mr. Ribble ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend title 23, United States Code, with respect to the operation of vehicles on certain Wisconsin highways, and for other purposes. 1. Operation of vehicles on certain Wisconsin highways Section 127 of title 23, United States Code, is amended by adding at the end the following: (j) Operation of vehicles on certain Wisconsin highways If any segment of the United States Route 41 corridor, as described in section 1105(c)(57) of the Intermodal Surface Transportation Efficiency Act of 1991, is designated as a route on the Interstate System, a vehicle that could operate legally on that segment before the date of such designation may continue to operate on that segment, without regard to any requirement under subsection (a). .

https://www.govinfo.gov/content/pkg/BILLS-113hr2353ih/xml/BILLS-113hr2353ih.xml

113-hr-2354

I 113th CONGRESS 1st Session H. R. 2354 IN THE HOUSE OF REPRESENTATIVES June 13, 2013 Ms. Esty (for herself and Mr. Heck of Nevada ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to require the prompt replacement of military decorations upon the request of the recipients of the decorations or their immediate next of kin. 1. Short title This Act may be cited as the Proper Replacement Of Medals and Performance Tracking Act or PROMPT Act . 2. Replacement of military decorations (a) Prompt replacement required; annual report Section 1135 of title 10, United States Code, is amended— (1) by redesignating subsection (b) as subsection (d); and (2) by inserting after subsection (a) the following new subsections: (b) Prompt replacement required When a request for the replacement of a military decoration is received under this section or section 3747, 3751, 6253, 8747, or 8751 of this title, the Secretary concerned shall ensure that— (1) all actions to be taken with respect to the request, including verification of the service record of the recipient of the military decoration, are completed within one year; and (2) the replacement military decoration is mailed to the person requesting the replacement military decoration within 60 days after verification of the service record. (c) Annual report The Secretary of Defense shall submit to the congressional defense committees an annual report regarding compliance by the military departments with the performance standards imposed by subsection (b). Each report shall include— (1) for the one-year period covered by the report— (A) the average number of days it took to verify the service record and entitlement of members and former members of the armed forces for replacement military decorations; (B) the average number of days between receipt of a request and the date on which the replacement military decoration was mailed; and (C) the average number of days between verification of a service record and the date on which the replacement military decoration was mailed; and (2) an estimate of the funds necessary for the next fiscal year to meet or exceed such performance standards. . (b) Plan required Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees (as defined in section 101(a)(16) of title 10, United States Code) a plan to implement the amendments made by subsection (a), including an estimate of the funds necessary for fiscal year 2015 to meet or exceed the performance standards imposed by such amendments.

https://www.govinfo.gov/content/pkg/BILLS-113hr2354ih/xml/BILLS-113hr2354ih.xml

113-hr-2355

I 113th CONGRESS 1st Session H. R. 2355 IN THE HOUSE OF REPRESENTATIVES June 13, 2013 Mr. Braley of Iowa (for himself, Mr. Thompson of California , Mr. King of New York , Mrs. Bustos , Mr. DeFazio , Ms. Edwards , Mr. Cicilline , Mr. Rahall , Mr. Lipinski , and Mr. LoBiondo ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To require the purchase of domestically made flags of the United States of America for use by the Federal Government. 1. Short title This Act may be cited as the All-American Flag Act . 2. Requirement for purchase of domestically made United States flags for use by Federal Government Only such flags of the United States of America, regardless of size, that are 100 percent manufactured in the United States, from articles, materials, or supplies 100 percent of which are grown, produced, or manufactured in the United States, may be acquired for use by the Federal Government. 3. Effective date Section 2 shall apply to purchases of flags made on or after 180 days after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2355ih/xml/BILLS-113hr2355ih.xml