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113-hr-2356
I 113th CONGRESS 1st Session H. R. 2356 IN THE HOUSE OF REPRESENTATIVES June 13, 2013 Mr. Capuano (for himself and Mr. Jones ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To provide for notification to consumers before a video service collects visual or auditory information from the viewing area and to provide consumers with choices that do not involve the collection of such information, and for other purposes. 1. Short title This Act may be cited as the We Are Watching You Act of 2013 . 2. Notification and consumer choice (a) Notification (1) In general An operator of a video service may not collect visual or auditory information from the vicinity of the device used to display the video programming stream to the consumer unless the operator— (A) displays, as part of the video programming stream, a message that reads, We are watching you. ; and (B) provides to the consumer a description of the types of information that will be collected and how such information will be used. (2) On-screen message The message required by paragraph (1)(A) shall be displayed— (A) continuously during the time information is being collected; and (B) in a color, font, and size that are easily readable at a normal viewing distance. (3) Description of information collected (A) In general The description required by paragraph (1)(B) shall be provided as part of the terms and conditions to which the consumer must agree before using the video service. (B) Device provided by operator In the case of a video service that is accessed through a device sold or provided to the consumer by the operator of the video service, the description required by paragraph (1)(B) shall be provided as part of the written instructions and other materials accompanying the device, in addition to being provided as required by subparagraph (A). (b) Consumer choice of alternative service (1) In general If an operator offers a video service involving the collection of visual or auditory information from the vicinity of the device used to display the video programming stream to the consumer, such operator shall offer a video service that does not involve the collection of such information but is otherwise identical in all respects. (2) Device provided by operator In the case of a video service that is accessed through a device sold or provided to the consumer by the operator of the video service, the operator shall sell or provide in connection with the alternative service required by paragraph (1) a device that is not capable of collecting such information. (c) Requirements for information disclosure An operator of a video service that collects visual or auditory information from the vicinity of the device used to display the video programming stream to the consumer may only disclose such information— (1) with the express consent of the consumer; or (2) as required by a court order issued in connection with a law enforcement investigation. (d) Regulations The Commission may promulgate regulations in accordance with section 553 of title 5, United States Code, to implement and enforce this section. 3. Enforcement by Federal Trade Commission (a) Unfair or deceptive acts or practices A violation of section 2 or a regulation promulgated under such section shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (b) Powers of Commission The Commission shall enforce section 2 and the regulations promulgated under such section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any person who violates such section or a regulation promulgated under such section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. 4. Definitions In this Act: (1) Commission The term Commission means the Federal Trade Commission. (2) Operator The term operator means, with respect to a video service, the person with whom the consumer directly interacts to select and initiate the transmission of the video programming stream. (3) Video service The term video service means the transmission of a video programming stream to consumers by means of the facilities of the operator of the service, the facilities of another person, or any combination thereof.
https://www.govinfo.gov/content/pkg/BILLS-113hr2356ih/xml/BILLS-113hr2356ih.xml
113-hr-2357
I 113th CONGRESS 1st Session H. R. 2357 IN THE HOUSE OF REPRESENTATIVES June 13, 2013 Mr. Coble introduced the following bill; which was referred to the Committee on House Administration , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title 5, United States Code, to provide that Members must complete 12 years of creditable service in order to be vested in an annuity under the Federal Employees’ Retirement System, and for other purposes. 1. Amendment to FERS annuity for Members of Congress (a) In general Section 8410 of title 5, United States Code, is amended by striking or Member and inserting after 8411 the following: , and a Member must complete at least 12 years of such service creditable under such section, . (b) Immediate retirement Section 8412 of such title is amended— (1) in subsection (c), by striking or Member and by adding at the end the following: A Member who is separated from the service after becoming 62 years of age and completing 12 years of service is entitled to an annuity. ; and (2) in subsection (g), by striking or Member each place it appears. (c) Deferred retirement Section 8413 of such title is amended— (1) in subsection (a), by striking or Member each place it appears and by adding at the end the following: A Member who is separated from the service, or transferred to a position in which the Member does not continue subject to this chapter, after completing 12 years of service is entitled to an annuity beginning at the age of 62 years. ; and (2) in subsection (b), by striking or Member each place it appears. (d) Computation of annuity Section 8415 of such title is amended— (1) in subsection (b), by striking 5 years and inserting 12 years ; and (2) in subsection (c), by striking or Member and inserting the following: , or 12 years of service as a Member, . 2. Application and effective date (a) In general The amendments made by section 1 shall take effect on the first day of the 114th Congress, but shall not apply to an individual who served as a Member at any time before such first day. (b) Definition For purposes of this section, the term Member has the meaning given such term in section 8401(20) of title 5, United States Code.
https://www.govinfo.gov/content/pkg/BILLS-113hr2357ih/xml/BILLS-113hr2357ih.xml
113-hr-2358
I 113th CONGRESS 1st Session H. R. 2358 IN THE HOUSE OF REPRESENTATIVES June 13, 2013 Mr. Cohen 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 give preference to local contractors, and for other purposes. 1. Short title This Act may be cited as the Preference for Local Veteran Contractors Act . 2. Preference for local contractors (a) Local contractors (1) In general Chapter 5 of title 38, United States Code, is amended by inserting after section 513 the following new section: 513A. Preference for local contractors (a) In general (1) The Secretary shall give preference for awarding a covered contract to a local contractor. (2) In giving preference for awarding a covered contract to a local contractor under paragraph (1)— (A) if such local contractor is a small business concern, such preference shall be given in accordance with section 8127(i) of this title; and (B) if such local contractor is not a small business concern, the local contractor shall be treated as a contractor covered under section 8127(i)(7). (b) Notice required If the Secretary awards a covered contract to a contractor that is not a local contractor, the Secretary shall publish a public notice explaining why a local contractor was not awarded the contract. (c) Definitions In this section: (1) The term covered contract means a contract for— (A) the construction or maintenance of a facility of the Department; or (B) services provided to a particular facility or campus of the Department. (2) The term local contractor means a prime contractor that— (A) submits a bid or proposal for a covered contract; and (B) has its principal offices or location within a 60-mile radius of the facility of the Department covered by such contract. . (2) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 513 the following new item: 513A. Preference for local contractors. . (3) Conforming amendment Section 8106(a) of title 38, United States Code, is amended by striking The Secretary and inserting In accordance with section 513A of this title, the Secretary . (b) Small business concerns Section 8127(i) of title 38, United States Code, is amended to read as follows: (i) Priority for Contracting Preferences Preferences for awarding contracts to small business concerns shall be applied in the following order of priority: (1) Contracts awarded pursuant to subsection (b), (c), or (d) to small business concerns owned and controlled by veterans with service-connected disabilities that, for purposes of such a contract, are local contractors under section 513A of this title. (2) Contracts awarded pursuant to subsection (b), (c), or (d) to small business concerns owned and controlled by veterans with service-connected disabilities that are not covered by paragraph (1). (3) Contracts awarded pursuant to subsection (b), (c), or (d) to small business concerns owned and controlled by veterans that— (A) are not covered by paragraphs (1) or (2); and (B) for purposes of such a contract, are local contractors under section 513A of this title. (4) Contracts awarded pursuant to subsection (b), (c), or (d) to small business concerns owned and controlled by veterans that are not covered by paragraphs (1), (2), or (3). (5) Contracts awarded pursuant to section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ) or section 31 of such Act (15 U.S.C. 657a) to a contractor that, for purposes of such a contract, are local contractors under section 513A of this title. (6) Contracts awarded pursuant to any other small business contracting preference to a contractor that, for purposes of such a contract, are local contractors under section 513A of this title. (7) Contracts awarded pursuant to section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ) or section 31 of such Act (15 U.S.C. 657a) to a contractor that is not covered by paragraph (5). (8) Contracts awarded pursuant to any other small business contracting preference to a contractor that is not covered by paragraph (6). . (c) Effective date The amendments made by this section shall take effect 180 days after the date of the enactment of this Act.
https://www.govinfo.gov/content/pkg/BILLS-113hr2358ih/xml/BILLS-113hr2358ih.xml
113-hr-2359
I 113th CONGRESS 1st Session H. R. 2359 IN THE HOUSE OF REPRESENTATIVES June 13, 2013 Mr. Danny K. Davis of Illinois (for himself, Mr. Carson of Indiana , Mr. McDermott , Mr. Rangel , Mr. Payne , Ms. Lee of California , Mr. Bishop of Utah , Mrs. Christensen , Ms. Wilson of Florida , Ms. Norton , Mr. Clay , Ms. Sewell of Alabama , Ms. Eddie Bernice Johnson of Texas , Mr. Cleaver , Mr. Lewis , Ms. Brown of Florida , Mr. Cummings , Mr. Butterfield , Mr. Rush , Mr. Thompson of Mississippi , Ms. Moore , Ms. Jackson Lee , Mr. Richmond , Mr. Meeks , and Ms. Clarke ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on Education and the Workforce , Energy and Commerce , and Agriculture , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title IV of the Social Security Act to ensure funding for grants to promote responsible fatherhood and strengthen low-income families, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Julia Carson Responsible Fatherhood and Healthy Families Act of 2013 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Title I—Promoting Responsible Fatherhood and Strengthening Low-Income Families Sec. 101. State assessments of barriers to employment and financial support of children. Sec. 102. Grants to States to conduct demonstration projects to promote economic opportunity for low-income parents. Sec. 103. Healthy marriage promotion and responsible fatherhood programs. Sec. 104. Elimination of separate TANF work participation rate for 2-parent families. Sec. 105. Ban on recovery of Medicaid costs for births. Sec. 106. Improved collection and distribution of child support. Sec. 107. Collection of child support under the supplemental nutrition assistance program. Sec. 108. Grants supporting healthy family partnerships for domestic violence intervention and preventions. Sec. 109. Procedures to address domestic violence. Title II—Revenue provision Sec. 201. Increase in credit percentage under earned income tax credit for eligible individuals with no qualifying children. 2. Findings Congress makes the following findings: (1) The United States almost has the highest child poverty rate among 34 industrialized countries. (2) Thirty-two percent of all children in the United States lived with only 1 or neither of their parents. African-American children are the most likely of all children to live in such families—63 percent, compared to 53 percent of American Indian children, 34 percent of Hispanic children, 24 percent of non-Hispanic White children, and 15 percent of Asian-American and Pacific Islander children. (3) One of the most important factors in a child’s upbringing is whether the child is brought up in a loving, healthy, supportive environment. (4) Children who grow up with 2 parents are, on average, more likely than their peers in single-parent homes to finish high school and be economically self-sufficient. (5) Father-child interaction, like mother-child interaction, has been shown to promote the positive physical, social, emotional, and mental development of children. (6) Children typically live with a single parent when their parents are divorced or did not marry. More than 1/3 of all first marriages end in divorce, and about 60 percent of divorcing couples have children. More than 40 percent of all births are to unmarried women. (7) Nearly 1 in 3 families with children have only 1 parent present, and more than 1 in 5 children live absent their biological father. (8) Recent studies demonstrate that most unwed fathers in urban areas are highly involved with the mother of their child before and after the child's birth, with 80 percent involved during the mother's pregnancy, and 50 percent living with the child’s mother at the time of the child's birth. However, the relationship between the parents often does not last, and many fathers do not maintain contact with their children as the children grow up. (9) An estimated 49 percent of the children who live in households without their father have not seen their fathers in at least 1 year. (10) Fathers' love, care, and emotional support are positively linked to good social, emotional, and cognitive development in their children; their children’s academic achievement; lower rates of risky behaviors and contact the juvenile justice system; positive social behavior; positive emotional health; and healthy self-esteem. (11) Research has demonstrated that most fathers want to do well for their children. Rates of visitation among non-custodial fathers are higher than expected and mothers do want fathers involved in the lives of their children. (12) The inability of parents to sustain a healthy relationship with their child’s other parent and remain involved in their child's life can have severe negative consequences for the parents, the child, their community, and taxpayers. (13) Single-parent families are about 4 times as likely to be poor as married-couple families. (14) Children raised in single-parent families are more likely than children raised in 2-parent families to do poorly in school, have emotional and behavioral problems, become teenage parents, commit crimes, smoke cigarettes, abuse drugs and alcohol, and have poverty-level incomes as adults. (15) High rates of unemployment and low wages are primary reasons why parents do not marry and why 2-parent families break up. (16) When components of family and jobs supports are paired with responsible fatherhood programming, more fathers declare paternity, more live with their children, and more noncustodial men pay child support. (17) Domestic violence is also a significant problem leading to the nonformation or breakup of 2-parent families. (18) Unemployment for Black workers remained almost double what it is for Whites, a ratio unchanged in at least 35 years. In metropolitan areas, Blacks are the racial group most spatially isolated from available jobs. (19) A history of incarceration is a major barrier to employment. Sixty percent of young African-American men who dropped out of high school have served time. When these men leave prison, they often have difficulty finding a job and supporting their children. (20) Youth who are disconnected from school and employment are more likely than others to engage in crime, become incarcerated, and rely on public systems of support. While all races and ethnicities are represented among this youth population, research studies show that African-American males constitute a disproportionate share due to their overrepresentation in the child welfare and juvenile justice systems. (21) Over ½ of State prison inmates are parents. When noncustodial parents go to prison, most of them are required to pay their child support obligation, even though they have little ability to pay the support. When these parents leave prison, they typically owe more than $20,000 in child support debt. Noncustodial parents leaving prison often re-enter the underground economy because of financial pressures or to avoid the child support system, making it less likely that they will successfully rejoin society and reunite with their families. (22) Children should receive the child support paid by their parents, and the government should not keep the money to recover welfare costs. Regular child support income appears to have a greater positive impact on children dollar for dollar than other types of income. Researchers in Wisconsin found that when monthly child support was passed through to families receiving assistance under the Temporary Assistance for Needy Families program established under part A of title IV of the Social Security Act (TANF) and disregarded 100 percent in determining assistance for the families, fathers paid more child support, established their legal relationship with their children more quickly, and worked less in the underground economy. Moreover, the State costs of a full pass-through and disregard of child support were fully offset by increased payments by fathers and decreased public assistance use by families. (23) Funding spent on Federal child support collection is cost-effective, especially when it addresses fathers’ particular circumstances and passes payments through to the family. The child support program collects $5.12 in support payments for families for every public dollar spent. (24) The Department of Health and Human Services National Child Support Enforcement Strategic Plan for fiscal years 2005 through 2009 states that child support is no longer a welfare reimbursement, revenue-producing device for the Federal and State governments; it is a family-first program, intended to ensure families' self-sufficiency by making child support a more reliable source of income . (25) Current law permits States to apply the cost of passing through child support to families receiving assistance under the TANF program toward their maintenance of effort (MOE) requirements, but only to the extent that the State disregards the child support payments in determining TANF eligibility and payment amount. (26) While the Federal Government has over 40 programs that provide some funding for employment and training, the United States is near the bottom of industrialized nations in spending on active labor market policy . Low-income men have become increasingly disconnected from school and work—and increasingly poor. A large portion of those men are non-custodial fathers. (27) The negative effect of a criminal conviction is substantially larger for Blacks than for Whites. (28) African-Americans constitute only 14 percent of drug users, but they represent 32 percent of those arrested for drug offenses, 44 percent of drug convictions, and 45 percent of drug offenders in State prison. One in 15 African-American males over 18 is behind bars as opposed to 1 out of 36 for Latinos and one out of 106 for White males. In addition, since 2000, on average, 682,000 inmates have been released from prison annually. This number does not include those who come home from city and county jails. If current trends continue, the chilling extrapolation is that 1 in 3 Black males born today can expect to spend time in prison during his lifetime. These men are disproportionately removed from lower income, segregated, and disinvested communities, where they will eventually return—too often without the skills they need to become successful husbands, fathers, neighbors, and wage earners. (29) Programs that increase employment opportunity and reduce barriers by increasing employment opportunity and reducing recidivism will benefit children and families. (30) Transitional jobs programs have shown promise in reducing unemployment among chronically unemployed or underemployed population groups, including formerly incarcerated individuals, the homeless, and young African-American men. (31) To strengthen families it is important to improve the upward economic mobility of the custodial and noncustodial parent wage-earners, as well as youth at risk of early parenthood or incarceration, by providing the skills and experience necessary to access jobs with family sustaining wages and benefits. In families in which all the members do not live together, this is important to enable the prompt and consistent payment of adequate child support. (32) It is important and useful to foster local and regional economic development and job advancement for workers, especially young custodial and noncustodial parents, by funding local collaborations among business, education, and the community in the development of pathways for preparing disadvantaged citizens to meet the workforce needs of the local and regional economy. (33) Employers benefit from working with and being supported by the local education, postsecondary, and workforce systems in identifying the academic and occupational skill sets needed to fill the skilled jobs in the changing economy. Local economic and community development is enhanced when residents have access to higher wage employment, thus increasing the tax base, fueling the economy, and contributing to greater family economic security. (34) Public-private career pathways partnerships are an important tool for linking employers and workers with the workforce education services they need and for integrating community economic development and workforce education services. Transitional jobs programs can serve as the first step in a career pathway by giving unemployed individuals with multiple barriers to employment, valuable work experience and related services. (35) Evaluations of State child support enforcement policies have shown that supportive child support enforcement policies, rather than coercive ones, have a positive impact on father involvement. (36) The purpose of child support is to provide necessary income support for and increase the well-being of children living apart from a parent. To improve the ability of low-income noncustodial parents to provide long-term support and care for their children throughout their entire childhood, it is important that child support polices support parental efforts to pursue education and employment and to stay involved with their children. (37) Responsible parenthood includes active participation in financial support and child-rearing, as well as the formation and maintenance of a positive, healthy, and nonviolent relationship between parent and child and a cooperative, healthy, and nonviolent relationship between parents. (38) States should be encouraged to implement voluntary programs that provide support for responsible parenting, including by increasing the employment and financial security of parents, and the parental involvement of noncustodial parents. (39) Promoting responsible parenthood saves the government money by reducing the need for public assistance, increasing the educational attainment of children, reducing juvenile delinquency and crime, reducing substance abuse, and lowering rates of unemployment. (40) Programs to encourage responsible fatherhood or responsible motherhood should promote and provide support services for— (A) fostering loving and healthy relationships between parents and children; (B) increasing responsibility of noncustodial parents for the long-term care and financial well-being of their children; (C) increasing employment of low-income, noncustodial parents and improving compliance with child support obligations; and (D) reducing barriers to active 2-parent involvement and cooperative parenting. (41) The promotion of marriage and responsible parenthood should not minimize the standing or parenting efforts of single parents or other caregivers, lessen the protection of children from abusive parents, or compromise the safety or health of the custodial or noncustodial parent, but should increase the chance that children will have 2 caring parents to help them grow up healthy and secure. I Promoting Responsible Fatherhood and Strengthening Low-Income Families 101. State assessments of barriers to employment and financial support of children (a) State assessments and reports As a condition of the continued approval of a State plan under part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.), each State with an approved such plan, acting through the appropriate State agencies, shall assess the State policies with respect to the issues described in subsection (b) and submit a report to the Secretary of Health and Human Services on the results of such assessment not later than October 1, 2014. (b) Issues described For purposes of subsection (a), the issues described in this subsection are the following: (1) The process of setting and modifying child support obligations, particularly with respect to low-income parents, including— (A) the role and criteria for using imputed income in determining child support obligations; (B) the process of modifying obligations; (C) the consideration of income and employment status, including efforts to identify unreported income; (D) the consideration of incarceration; (E) the consideration of disability; (F) the treatment of arrearages, including interest charged, and laws or procedures that interfere with forgiveness, adjustment, waiver, or compromise of arrears owed to the State by low-income noncustodial parents who lack sufficient ability to pay such arrearages; (G) the procedures related to retroactive support; and (H) State pass-through and disregard policies for recipients of means-tested public benefits. (2) The impact of State criminal laws and law enforcement practices on the employment acquisition, retention, and advancement prospects of individuals following arrest, conviction, or incarceration, including— (A) any efforts, including counseling or employment support, to assist ex-prisoners with reentry to a community and successful reunification with their families; and (B) an assessment of any efforts to seal or expunge arrest and conviction records and any efforts to grant certificates or other acknowledgments of rehabilitation to ex-prisoners, and to examine State occupational licensing and certification procedures. (3) An assessment of the impact of debt on employment retention, including child support and non-child support debts imposed to recover costs related to welfare and criminal justice. (4) An assessment of State practices related to providing prisoners and ex-prisoners with valid identification documents upon release from prison. (5) Identification of any other barriers to healthy family formation or sustainable economic opportunity for custodial and noncustodial parents that are created or exacerbated by Federal or State laws, policies, or procedures, including an examination of the rules of Federal and State means-tested programs, the operation of the State workforce system, the availability of financial education services, and the availability of domestic violence services and child support procedures to help victims of domestic violence stay safe and obtain the child support they are owed. (c) Grants to states for commissions on state law improvements in the best interest of children and families The Secretary of Health and Human Services shall award grants to States to establish or support commissions to review the State assessment conducted in accordance with subsection (a) and to make recommendations on ways to improve State law in the best interest of children and families. (d) Appropriations Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated to the Secretary of Health and Human Services for each of fiscal years 2014 through 2018, $3,000,000, to remain available until expended, for the purpose of making— (1) payments to States to offset all or a portion of the costs of conducting the State assessments and reports required under subsection (a); and (2) grants to States under subsection (c). 102. Grants to States to conduct demonstration projects to promote economic opportunity for low-income parents (a) Court-Supervised or IV–D agency-Supervised employment programs for noncustodial parents (1) In general To assist States in implementing section 466(a)(15) of the Social Security Act, the Secretary of Health and Human Services shall award grants to States to conduct demonstration projects to establish, in coordination with counties and other local or tribal governments, court-supervised or IV–D agency supervised-employment programs for noncustodial parents who have barriers to employment and a history of nonpayment of child support obligations, as determined by a court or the IV–D agency, and who are determined by the court or agency to be in need of employment services or placement in order to pay such child support obligations. A noncustodial parent described in the preceding sentence who is an ex-offender shall be eligible to participate in a program established under this subsection. (2) Requirements (A) Option to participate prior to contempt finding A State shall not be eligible to receive a grant under this subsection unless any program established with funds made available under the grant provides noncustodial parents described in paragraph (1) with an option to participate in the program prior to the court or agency entering a finding that the noncustodial parent is in contempt for failure to pay a child support obligation and, potentially subject to criminal penalties. (B) Program goals An employment program established with funds made available under a grant awarded under this subsection shall be designed to do the following: (i) To assist noncustodial parents described in paragraph (1) obtain and maintain unsubsidized employment. (ii) To increase the amount of financial support received by children. (iii) To help noncustodial parents described in paragraph (1) improve relationships with their children and their children's custodial parent. (C) 6 months of continuous, timely payments An employment program established with funds made available under this subsection shall not permit a noncustodial parent placed in the program to graduate from the program and avoid penalties for failure to pay a child support obligation until the noncustodial parent completes at least 6 months of continuous, timely payment of the parent’s child support obligations. (D) Use of funds (i) Services provided under an employment program established with funds made available under a grant made under this subsection must include the following: (I) Job placement, including job development and supervised job search as necessary. (II) Case management, including educational assessment and advising, vocational assessment and career exploration services, and court liaison services. (III) Counseling on responsible parenthood. (IV) Referral for support and educational services. (V) Employment retention services. (ii) Services provided under an employment program established with funds made available under a grant made under this subsection may include the following: (I) Remedial education services or educational referral. (II) Support funds for services such as transportation, child care, or short-term training. (III) Transitional jobs programs. (IV) Public-private career pathway partnerships established in accordance with subsection (b)(2). (V) Occupational skill training, including college credit programs. (VI) Curricula development. (E) Administration A State that receives a grant under this subsection may contract with a public or private nonprofit organization, including a faith-based or community-based organization, to administer (in conjunction with the court of jurisdiction or the IV–D agency) the court-supervised or IV–D agency-supervised employment program. (b) Transitional jobs and public-Private partnership grants The Secretary of Labor shall award grants to States to conduct demonstration projects to carry out one or more of the projects described in paragraphs (1) and (2). (1) Transitional jobs grants (A) In general To establish and expand transitional jobs programs for eligible individuals, including such programs conducted by local governments, State employment agencies, nonprofit organizations, and faith-based or community-based organizations or intermediaries, that— (i) combine time-limited employment in transitional jobs that may be subsidized with public funds, with activities that promote skill development and remove barriers to employment, such as case management services and education, training, child support-related services, and other activities, pursuant to individual plans; and (ii) provide such individuals with— (I) transitional jobs placements and job placement assistance, to help the individuals make the transition from subsidized employment in transitional jobs to stable unsubsidized employment; and (II) retention services after the transition to unsubsidized employment. (B) Eligible individuals For purposes of this paragraph, the term eligible individuals means individuals within any of the following categories of disproportionately chronically unemployed individuals: (i) Individuals who have attained age 16, but not attained age 36, and who have documented barriers to employment such as lack of a high school diploma, limited English proficiency, aging out of foster care, or offender status, particularly such individuals who are parents or expectant parents. (ii) Formerly incarcerated individuals. (iii) Homeless or formerly homeless individuals. (iv) Individuals with disabilities. (v) Individuals designated by a court or the IV–D agency to participate in transitional jobs programs. (C) Limitations on use of funds (i) Allowable activities An entity that receives a grant under this paragraph shall use the funds made available under the grant to operate a transitional jobs program for eligible individuals consistent with the following requirements: (I) Jobs The program operator shall place eligible individuals in temporary jobs, the incomes from which may be subsidized in whole or in part with public funds. An eligible individual placed in such a job (referred to in this paragraph as a participant ) shall perform work directly for the program operator or another public, nonprofit, or private sector organization (which operator or organization may be referred to in this paragraph as a worksite employer ) within the community involved. (II) Hours (aa) In general Subject to item (bb), the transitional jobs program shall provide a participant with not less than 30, and not more than 40, hours per week of a combination of paid employment and the services described in subclauses (III), (IV), and (V). (bb) Accommodation of special circumstances The number of hours per week required under item (aa) may be adjusted in the case of a participant who requires a modified work week to accommodate special circumstances. (III) Job preparation and services The program operator shall— (aa) develop an individual plan for each participant, which shall contain a goal that focuses on preparation of the participant for unsubsidized jobs in demand in the local economy that offer the potential for advancement and growth (including increases in wages and benefits); (bb) develop transitional jobs placements for participants that will best prepare them for jobs described in item (aa) or participation in the public-private career pathway partnerships established in accordance with paragraph (2); and (cc) provide case management services and ensure that appropriate education, training, and other activities are available to participants, consistent with each participant’s individual plan. (IV) Job placement assistance and retention services The program operator shall provide job placement assistance to help participants obtain unsubsidized employment and shall provide retention services to the participants for a minimum of 6 months after entry into the unsubsidized employment. (V) Education or training In any workweek in which a participant is scheduled to work at least 30 hours in the program, not less than 20 percent of the scheduled hours and not more than 50 percent of the scheduled hours shall involve participation in— (aa) education or training activities designed to improve the participant’s employability and potential earnings; (bb) other activities designed to reduce or eliminate any barriers that may impede the participant’s ability to secure and advance in unsubsidized employment; or (cc) activities designed to promote financial literacy and the use of products and services that increase personal savings and build financial assets for family support, education, homeownership, and retirement. (VI) Duration (aa) In general Subject to item (bb), the duration of any placement in the program shall be for a minimum period of 3 consecutive months. (bb) 3-month extension A program placement may be extended for up to 2 additional consecutive 3-month periods upon the conclusion of the original 3-month placement period if such extension would be consistent with the individual’s plan for transition to unsubsidized employment. (VII) Supervision The worksite employer or program operator shall supervise program participants, consistent with the goal of addressing the limited work experience and skills of the participants. (D) Reports Not later than 120 days after the end of the grant period, the State shall submit a report to the Secretary of Labor that contains information on the number of participants in the program who have entered unsubsidized employment, the percentage of program participants who are employed during the second quarter after exit, the percentage of program participants who are employed during the fourth quarter after exit, the median earnings of program participants during the second quarter after exit, the percentage of program participants who obtain an education or training credential during participation or within one year of exit, and demographic information regarding the participants. (E) Technical assistance The Secretary of Labor shall enter into contracts with entities with demonstrated experience in the provision of transitional jobs to provide technical assistance to the program operators and worksite employers for the programs assisted under this paragraph. (2) Public-private career pathways partnerships (A) In general To allow workforce education providers representing career pathway partnerships— (i) to create or expand career pathways, with groups of employers in specific industry or occupational sectors, for disadvantaged workers, which may include any mix of such employers’ existing lower wage employees, new hires or potential hires; or (ii) to fill in gaps in career pathways in particular localities or regions as needed to ensure that career pathways are accessible to unemployed disadvantaged workers and at risk youth who have lower skills or limited English proficiency, including through the creation of workforce education services, such as bridge programs that contextualize basic skills, English language, or college remedial education services to specific career pathways, and efforts to create opportunities for gaining work experience in a career pathway. (B) Use of funds Funds made available under a grant under this paragraph may be used by career pathways partnerships for any expense reasonably related to the accomplishment of the specific objectives of the partnership and the purpose described in this paragraph, including any of the activities described in subsection (a)(2)(D). (C) Limitations (i) In general Of the funds made available to a career pathway partnership to carry out the purpose described in this paragraph— (I) not more than 30 percent of such funds may be used to pay or subsidize wages during a period of work experience or internship, not to exceed 90 days; and (II) not more than 10 percent of such funds may be used for administrative purposes, but this limitation shall not apply to activities related to building and maintaining partnerships, including such activities as conducting workforce needs assessments, brokering public-private and interagency agreements, creating customized curricula, and developing work experience opportunities. (ii) Prohibition on subsidizing wages of current employees No funds made available to carry out this paragraph shall be used to subsidize the wages of any individual who, as of the date of the establishment of the career pathway partnership, is an employee of any employer participating in the partnership. (D) Requirements for awarding of subgrants (i) In general Funds shall be made available to career pathway partnerships to carry out the purpose described in this paragraph based on a performance-based accountability system that includes the following measures of performance: (I) The number of individuals to be trained. (II) The percentage of such individuals who complete the program. (III) The percentage of such individuals who enter or advance in employment. (IV) The wage and benefit gains of individuals who complete the program before and within 6 months after their program completion, including the extent to which the individuals achieved economic self-sufficiency. (V) The percentage of individuals who complete the program and enter employment who retain employment for at least 6 months. (VI) Where applicable, the percentage of individuals who owe child support and complete the program who improve in their payment of child support within 6 months after their program completion. In establishing goals for such measures, due consideration shall be given to the education, work experience, and job readiness of the individuals expected to participate in the program, the barriers of such individuals to employment, and the local job market. (ii) Considerations for funding renewals A subgrantee's level of success in achieving employment, advancement, wage, and employment retention goals shall be a primary consideration for determining whether to renew a grant made to such entity and the funding level for such grant. (iii) Priorities for awards of subgrants In awarding subgrants under this paragraph, a State shall give priority to applications that— (I) propose to serve areas of high poverty, high youth unemployment, high dropout rates, or high rates of low-income single-parent families; (II) include a substantial cash or in-kind match by all employers, including joint labor-management programs where applicable, in the partnerships, such as paid release time for employed workforce education participants; (III) use instructional materials and instructors directly used in the specific business or industry sectors of the partnership employers; (IV) link successful completion of workforce education services to wage increases, promotions or job hires; (V) will result in attainment of employer-recognized occupational and educational credentials; (VI) address career guidance and adult basic education and English language needs as well as job-specific skills; (VII) demonstrate a blending of resources from partner agencies in the workforce system and other sectors and Federal programs, including superior procedures for coordinating responsible fatherhood promotion activities, where appropriate, to support the development of high quality pathways; (VIII) identify how the subgrantee will maximize services to unemployed disadvantaged workers who also face other barriers in the labor market, such as high school dropout, offender status, aging out of foster care, low basic skill level, including limited English proficiency, learning disabilities, physical, emotional or behavior disabilities, or substance abuse recovery, which may be through direct relationships with local providers of transitional jobs programs under which in appropriate circumstances transitional jobs participants may access career pathways programs upon completion of the transitional jobs program; and (IX) support collaboration, as appropriate, between employers and labor organizations and other workforce development professionals, including joint labor management training and education programs where appropriate. (E) Definitions In this paragraph: (i) Adult education The term adult education has the meaning given that term in section 203 of the Workforce Investment Act of 1998 (20 U.S.C. 9202). (ii) Career pathway The term career pathway means a linked set of workforce education and job opportunities within a specific industry sector, or for an occupational sector that cuts across multiple business and industry sectors, which begins at the lowest skill and English language levels, and extends through for-credit college opportunities such as earning relevant associate or bachelor’s degrees, and prepares individuals for advancement in jobs in demand in the local or regional labor market. (iii) Community-based provider The term community-based provider means a not-for-profit organization, with local boards of directors, that directly provides workforce education services. (iv) Institution of higher education The term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (v) Charter school The term charter school has the meaning given that term in section 5210 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7221i ). (vi) Area career and technical education school The term area career and technical education school has the meaning given that term in section 3 of the Carl D. Perkins Vocational and Technical Education Act of 1998 (20 U.S.C. 2302). (vii) Disadvantaged workers The term disadvantaged workers means unemployed individuals in low-income households or employed individuals in low-income households with wages at or below 2/3 of the median wage for the State or region applying for the grant. (viii) Career pathway partnership The term career pathway partnership means collaborations of 1 or more workforce education providers, 1 or more employers, 1 or more labor organizations, where applicable, as a result of such organization's representation of employees at the worksite who have skills in which the training or employment programs are proposed, and may include optional additional entities as needed to provide a comprehensive range of workforce education and ancillary support services. (ix) Workforce education The term workforce education means a set of career guidance and exploration services, adult education and English language services, job training, registered apprenticeship programs, and credit and noncredit postsecondary education services aimed at preparing individuals to enter and sustain employment in specific occupations and to have the sufficient skills to respond to shifting employment opportunities. (x) Workforce education provider The term workforce education provider means community-based providers, institutions of higher education, area vocational and technical education schools, charter schools, and other public nonprofit entities that have a demonstrated capacity to provide quality workforce education services. (c) Matching requirement (1) In general The Secretary of Health and Human Services and the Secretary of Labor may not award a grant to a State under this section unless the State agrees that, with respect to the costs to be incurred by the State in conducting a demonstration project with funds provided under the grant, the State will make available non-Federal contributions in an amount equal to 10 percent of the amount of Federal funds paid to the State under such grant. (2) Non-federal contributions In this subsection, the term non-Federal contributions includes contributions by the State and by public and private entities that may be in cash or in kind, but does not include any amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, or any amount expended by a State before October 1, 2013. (d) Worker protections and labor standards (1) Rate of pay; benefits and working conditions (A) In general A worksite employer of a participant in a program or activity funded under this section shall pay the participant at the rate paid to employees of the worksite employer who are not participants in such program or activity and who perform comparable work at the worksite, including periodic increases where appropriate. If no other employees of the worksite employer perform comparable work at the worksite, the worksite employer shall pay the participant not less than the applicable Federal or State minimum wage, whichever is higher. (B) Benefits and conditions An individual employed through participation in a program or activity funded under this section shall be provided with benefits and working conditions at the same level and to the same extent as such benefits and conditions are provided to other employees of the employer of the individual who have worked a similar length of time and perform the same work. (2) Nonduplication (A) In general Funds provided through a grant made under this paragraph shall be used only for a program or activity that does not duplicate, and is in addition to, a program or activity otherwise available in the locality of the program or activity funded under this section. (B) Private, nonprofit entity Funds provided through a grant made under this section shall not be provided to a private nonprofit entity to conduct programs or activities that are the same as or substantially equivalent to activities provided by a State or local government agency in the area in which such entity is located, unless the requirements of paragraph (3) are met. (3) Nondisplacement (A) In general A worksite employer shall not displace an employee or position (including partial displacement such as reduction in hours, wages, or employment benefits) or impair contracts for services or collective bargaining agreements, as a result of the use by such employer of a participant in a program or activity funded under this section, and no participant in the program or activity shall be assigned to fill any established unfilled position vacancy. (B) Job opportunities A job opportunity shall not be created under this paragraph that will infringe in any manner on the promotional opportunity of an employed individual. (C) Limitation on services (i) Supplantation of hiring A participant in any program or activity funded under this section shall not perform any services or duties, or engage in activities, that will supplant the hiring of employees that are not participants in the program or activity. (ii) Duties formerly performed by another employee A participant in any program or activity funded under this section shall not perform services or duties, or engage in activities, that are services, duties, or activities that had been performed by or were assigned to any employee who recently resigned or was discharged, who is subject to a reduction in force, who has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures, who is on leave (such as terminal, temporary, vacation, emergency, or sick leave), who is on strike, or who is being locked out. (D) Concurrence of local labor organization No placement shall be made under a program or activity funded under this section until the entity conducting the program or activity has obtained the written concurrence of any local labor organization representing employees who are engaged in the same or substantially similar work as that proposed to be carried out for the worksite employer with whom a participant is to be placed under the program or activity. (4) No impact on union organizing A State conducting a demonstration project funded under this section and any entity conducting a program or activity funded under this section shall provide the Secretary with a certified assurance that none of such funds shall be used to assist or deter union organizing. (5) Accountability (A) In general Funds provided under this section shall not be used to subsidize training or employment with an employer that has a demonstrable record of noncompliance with Federal labor, civil rights, workplace safety, or related laws. (B) Certified satisfactory record Employers who receive training or wage subsidies under programs or activities funded under this section shall have a satisfactory record in labor relations and employment practices, as certified by the Secretary of Labor. (C) Application of worker protection laws A participant in a program or activity funded under this section shall be considered to be an employee of any employer that the participant is placed with for all purposes under Federal and State law, including laws relating to health and safety, civil rights, and worker’s compensation. (D) Other job quality standards Employers who receive training or wage subsidies under programs or activities funded under this section shall meet all applicable State or local job or employer quality standards regarding such issues as wages, benefits, advancement opportunities, and turnover rates established for programs funded under the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.). (6) Grievance procedure An entity conducting a program or activity funded under this section shall establish and maintain a procedure for the filing and adjudication of grievances by employees of worksite employers who are not participants in the program, or such employees’ representatives, or by participants in such a program or activity alleging a violation of a provision of this subsection that is similar to the grievance procedure established by a State for purposes of section 407(f)(3) of the Social Security Act (42 U.S.C. 607(f)(3)). (7) Nonpreemption of state law The provisions of this subsection shall not be construed to preempt any provision of State law that affords greater protections to employees or participants than are afforded by this subsection. (8) Treatment of amounts paid to participants Amounts paid to a participant in a program or activity funded under this section shall be— (A) considered earned income for purpose of determining the participant's eligibility for the child tax credit established under section 24 of the Internal Revenue Code of 1986, the earned income tax credit established under section 32 of such Code, and any other tax benefit established under such Code the eligibility for which is based on earned income; and (B) disregarded for purposes of determining the participant's, the participant's family's, or the participant's household's eligibility for, or amount of, assistance or benefits provided under any means-tested program funded in whole or in part with Federal funds. (e) Application (1) Requirements for all applications (A) In general A State desiring to receive a grant to conduct a demonstration project under this section shall submit an application— (i) to the Secretary of Health and Human Services, in the case of a grant under subsection (a); or (ii) to the Secretary of Labor, in the case of a grant under subsection (b); at such time, in such manner, and containing such information or assurances as the Secretary of Health and Human Services or the Secretary of Labor, as appropriate, may require. (B) Compliance with worker protections and labor standards The application shall include an assurance that the State and any entity conducting a program or activity under the project shall comply with the worker protections and labor standards established in accordance with such protections under subsection (d). (C) Nondiscrimination The application shall include an assurance that the State and any entity conducting a program or activity under the demonstration project shall comply with section 188(a)(2) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2938(a)(2) ) to the same extent that such section would apply to the entity if the program or activity conducted under the demonstration project was considered to be funded or otherwise financially assisted under that Act. (D) Assurance grant will supplement, not supplant, other State funding The application shall include an assurance from the chief executive officer of the State that funds made available under the grant will supplement, and not supplant, other funds used by the State to establish or support employment placements for low-income parents. (2) Specific demonstration project requirements (A) Court-supervised or IV–D agency-supervised employment programs for noncustodial parents In order to conduct a demonstration project described in subsection (a), a State shall include in the application submitted to the Secretary of Health and Human Services the following: (i) Evidence of an agreement between the State and 1 or more counties to establish an employment program that meets the requirements of subsection (a). (ii) The number of potential noncustodial parents to be served by the program. (iii) The purposes specific to that State’s program. (iv) The median income of the target population. (B) Public-private career pathways partnerships In order to conduct a demonstration project described in paragraph (2) of subsection (b), a State shall include in the application submitted to the Secretary of Labor a description of— (i) the number, characteristics, and employment and earnings status of disadvantaged individuals in the State or applicable region where the program is to be conducted; (ii) which business and industry sectors, or occupational clusters that cut across sectors, will be targeted by the career pathways partnership, based on overall economic benefit to the community, the current and future demand for workers, the advancement opportunities for workers, the wages at each step of the career pathway, and availability of worker benefits; (iii) the interventions that will be put in place to address any educational deficits, limited English proficiency, or learning disabilities of individuals who participate in the program and to ensure that such individuals have the academic, technical, communications, and other job skills to function in the jobs targeted by the partnership; (iv) how the members of the partnership will collaborate on the development of curriculum and delivery of training that will provide the necessary occupational, academic and other work-related skills and credentialing needed for the specific labor market areas; (v) the supports that will be used to provide counseling, mentoring or other support to individuals while in training or to assist them in navigating in complicated work environments; (vi) the set of career exposure activities that will be put in place to provide hands-on experience such as work experience, on the job training, internships, or work-study; (vii) the agreements that are in place with employers, industry groups, and labor organizations, where applicable, to ensure access to jobs and advancement opportunities in the targeted businesses, industry, or occupations; (viii) how the workforce education providers in the partnership will assess the employment barriers and needs of local disadvantaged individuals who participate in the program and will identify resources for meeting those needs; (ix) how the workforce education providers will work with partnership employers, business and industry groups, labor organizations, where applicable, and local economic development organizations to identify the priority workforce needs of the local industry; (x) how the partnerships will ensure that the appropriate program delivery models and formal agreements are in place to ensure maximum benefits to the individuals receiving career pathway partnership services and to the employers and labor organizations, where applicable, in the partnership and the industries or businesses they represent; (xi) how partnership employers and labor organizations, where applicable, will be actively involved in identifying specific workforce education needs, planning the curriculum, assisting in training activities, providing job opportunities, and coordinating job retention for individuals hired after training through the program and followup support; and (xii) how the partnership will build on existing career pathways programs, where applicable, to serve the targeted population. (3) Applications by Indian tribes or tribal organizations The Secretary of Health and Human Services and the Secretary of Labor may exempt an Indian tribe or tribal organization from any requirement of this section that the Secretary of Health and Human Services or the Secretary of Labor determines would be inappropriate to apply to the Indian tribe or tribal organization, taking into account the resources, needs, and other circumstances of the Indian tribe or tribal organization. (f) Priorities and requirements for awarding grants (1) In general Subject to paragraphs (2) and (3), the State shall give priority to making grants under this section to entities that— (A) demonstrate success with respect to meeting the goals of quality job placement, long-term unsubsidized job retention, and, where applicable, increasing child support payments, decreasing unpaid child support arrearages, and increasing the involvement of low-income noncustodial parents with their children through their participation in responsible fatherhood activities, including participation in programs that provide culturally relevant curricula in core subjects including— (i) conducting activities with children; (ii) improving communication skills; (iii) child support management; (iv) providing financially for the family's security and well-being; (v) managing stress and anger; (vi) maintaining physical and mental health; (vii) parenting and relationship skills; (viii) child development; and (ix) barriers to responsible parenthood, including substance abuse, unemployment, criminal justice system involvement, and inadequate housing; and (B) coordinate with, and link individuals as applicable to, other public and private benefits and employment services for low-income adults, including the criminal justice system, programs funded under each part of title IV of the Social Security Act (including programs funded under section 403(a)(2) of such Act), educational assistance and student aid programs, and job training or employment services, including State employment agencies. (2) Performance measures In making grants under this section, the Secretary of Health and Human Services (in the case of a grant under subsection (a)) and the Secretary of Labor (in the case of a grant under subsection (b)) shall ensure that grantees demonstrate a plan for implementing measures to track their performance with respect to meeting the goals of quality job placement, long-term unsubsidized job retention, and, where applicable, increasing child support payments, decreasing child support arrearages, and increasing the involvement of low-income noncustodial parents with their children. (3) Reflective of target populations In making grants under this section, the Secretary of Health and Human Services (in the case of a grant under subsection (a)) and the Secretary of Labor (in the case of a grant under subsection (b)) shall give priority to States with proposed demonstration projects that are designed to target low-income adults, including custodial and noncustodial parents, and low-income married couples. (4) Substantial funding for each of the purposes In making grants under subsection (b), the Secretary of Labor shall ensure that a substantial share of the amount appropriated under subsection (j) for a fiscal year is used for carrying out each of the projects described in paragraphs (1) and (2) of subsection (b). (g) Regulatory and policy flexibility The Secretary of Labor and the Secretary of Health and Human Services, in coordination with the Secretary of Education and the Attorney General, shall work with grantees under this section to resolve policy barriers that may impede blending of Federal resources to support these demonstration projects. (h) Evaluation The Secretary of Health and Human Services (in the case of a grant under subsection (a)) and the Secretary of Labor (in the case of a grant under subsection (b)) shall provide for an independent and rigorous evaluation of the demonstration projects conducted under this section that includes, to the maximum extent feasible, random assignment or other appropriate statistical techniques, in order to assess the effectiveness of the projects. (i) General definitions In this section: (1) State The term State means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and includes an Indian tribe or tribal organization. (2) IV–D agency The term IV–D agency means the State or local agency responsible for administering the State program established under part D of title IV of the Social Security Act ( 42 U.S.C. 651 et seq. ). (3) Indian tribe; tribal organization The terms Indian tribe and tribal organization have the meaning given such terms in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). (j) Appropriation Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated to carry out this section— (1) for programs administered by the Secretary of Health and Human Services under subsection (a), $15,000,000 for each of fiscal years 2014 through 2018; and (2) for programs administered by the Secretary of Labor under subsection (b), $35,000,000 for each of fiscal years 2014 through 2018. 103. Healthy marriage promotion and responsible fatherhood programs (a) Voluntary participation (1) Assurance Section 403(a)(2)(A)(ii)(II) of the Social Security Act (42 U.S.C. 603(a)(2)(A)(ii)(II)) is amended— (A) in item (aa), by striking and at the end; (B) in item (bb), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following new items: (cc) if the entity is a State or an Indian tribe or tribal organization, to not condition the receipt of assistance under the program funded under this part, under a program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)), or under any other program funded under this title on enrollment in any such programs or activities; and (dd) to permit any individual who has begun to participate in a particular program or activity funded under this paragraph, including an individual whose participation is specified in the individual responsibility plan developed for the individual in accordance with section 408(b), to transfer to another such program or activity funded under this paragraph upon notification to the entity and the State agency responsible for administering the State program funded under this part. . (2) Prohibition Section 408(a) of such Act ( 42 U.S.C. 608(a) ) is amended by adding at the end the following: (13) Ban on conditioning receipt of tanf or certain other benefits on participation in a healthy marriage or responsible fatherhood program A State to which a grant is made under section 403 shall not condition the receipt of assistance under the State program funded under this part, under a program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)), or under any other program funded under this title, on participation in a healthy marriage promotion activity (as defined in section 403(a)(2)(A)(iii)) or in an activity promoting responsible fatherhood (as defined in section 403(a)(2)(C)(ii)). . (3) Penalty Section 409(a) of such Act ( 42 U.S.C. 609(a) ) is amended by adding at the end the following: (17) Penalty for conditioning receipt of tanf or certain other benefits on participation in a healthy marriage or responsible fatherhood program If the Secretary determines that a State has violated section 408(a)(13) during a fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 5 percent of the State family assistance grant. . (b) Activities promoting responsible fatherhood Section 403(a)(2)(C)(ii) of the Social Security Act ( 42 U.S.C. 603(a)(2)(C)(ii) ) is amended— (1) in subclause (I), by striking marriage or sustain marriage and insert healthy relationships and marriages or to sustain healthy relationships or marriages ; (2) in subclause (II), by inserting educating youth who are not yet parents about the economic, social, and family consequences of early parenting, helping participants in fatherhood programs work with their own children to break the cycle of early parenthood, after child support payments, ; and (3) in subclause (III), by striking fathers and inserting low-income fathers and other low-income noncustodial parents who are not eligible for assistance under the State program funded under this part . (c) Reauthorization Section 403(a)(2)(D) of such Act ( 42 U.S.C. 603(a)(2)(D) ) is amended— (1) by striking year 2012 the 1st place it appears and inserting years 2014 through 2018 ; and (2) by striking fiscal year 2012 the 2nd place it appears and inserting a fiscal year . (d) Effective date The amendments made by this section shall take effect on October 1, 2013. 104. Elimination of separate TANF work participation rate for 2-parent families (a) In general Section 407 of the Social Security Act ( 42 U.S.C. 607 ) is amended— (1) in subsection (a)— (A) beginning in the heading, by striking Participation Rate Requirements and all that follows through A State in paragraph (1) and inserting Participation Rate Requirements .—A State ; and (B) by striking paragraph (2); (2) in subsection (b)— (A) in paragraph (1)(A), by striking subsection (a)(1) and inserting subsection (a) ; (B) in paragraph (2), by striking the paragraph heading and all that follows through A family and inserting Special rule .—A family ; (C) in paragraph (4), by striking paragraphs (1)(B) and (2)(B) and inserting determining monthly participation rates under paragraph (1)(B) ; and (D) in paragraph (5), by striking rates and inserting rate ; and (3) in subsection (c)— (A) in paragraph (1)(B), in the matter preceding clause (i), by striking subsection (b)(2)(B) and inserting subsection (b)(1)(B)(i) ; and (B) in paragraph (2)(D)— (i) by striking paragraphs (1)(B)(i) and (2)(B) of subsection (b) and inserting subsection (b)(1)(B)(i) ; and (ii) by striking and in 2-parent families, respectively, . (b) Effective date (1) In general The amendments made by subsection (a) shall take effect on the date of enactment of this Act and shall apply to the determination of minimum participation rates for months beginning on or after that date. (2) Limitation on penalty imposition Notwithstanding section 409(a)(3) of the Social Security Act, the Secretary of Health and Human Services shall not impose a penalty against a State under that section on the basis of the State's failure to satisfy the participation rate required for any of fiscal years 2006 through 2013 if the State demonstrates that the State would have met such requirement if, with respect to those months of any of such fiscal years that began prior to or on the date of enactment of this Act, the State were permitted to count 2-parent families that met the requirements of section 407(c)(1)(A) of the Social Security Act ( 42 U.S.C. 607(c)(1)(A) ) in the determination of monthly participation rates under section 407(b)(1)(B)(i) of such Act ( 42 U.S.C. 607(b)(1)(B)(i) ). 105. Ban on recovery of Medicaid costs for births (a) Ban on recovery (1) In general Section 454 of the Social Security Act ( 42 U.S.C. 654 ), is amended— (A) by striking and at the end of paragraph (33); (B) by striking the period at the end of paragraph (34) and inserting a semicolon; and (C) by inserting after paragraph (34) the following: (35) provide that, except as provided in section 1902(a)(25)(F)(ii), the State shall not use the State program operated under this part to collect any amount owed to the State by reason of costs incurred under the State plan approved under title XIX for the birth of a child for whom support rights have been assigned pursuant to section 471(a)(17) or 1912; and . (2) Rule of construction Nothing in section 454(35) of the Social Security Act ( 42 U.S.C. 654(35) ), as added by paragraph (1), shall be construed as affecting the application of section 1902(a)(25) of such Act (42 U.S.C. 1396a(a)(25)) with respect to a State (relating to the State Medicaid plan requirement for the State to take all reasonable measures to ascertain the legal liability of third parties to pay for care and services available under the plan). (3) Repeal of certain DRA amendments For provisions repealing amendments to section 454 of the Social Security Act made by section 7301(b)(1)(C) of the Deficit Reduction Act of 2005, see section 106(a)(3) of this Act. (b) Clarification that ban on recovery does not apply with respect to insurance of a parent with an obligation To pay child support Clause (ii) of section 1902(a)(25)(F) of the Social Security Act ( 42 U.S.C. 1396a(a)(25)(F) ) is amended by inserting only if such third-party liability is derived through insurance, before seek . (c) Effective date (1) In general Except as provided in paragraph (2), the amendments made by this section take effect on October 1, 2013. (2) Extension of effective date for state law amendment In the case of a State plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) which the Secretary of Health and Human Services determines requires State legislation in order for the plan to meet the additional requirements imposed by the amendments made by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the 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 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 the session is considered to be a separate regular session of the State legislature. 106. Improved collection and distribution of child support (a) Distribution of child support (1) Full distribution of child support collected; reform of rules for distribution of child support collected on behalf of children in foster care (A) In general Section 457 of the Social Security Act ( 42 U.S.C. 657 ) is amended— (i) by striking subsection (a) and inserting the following: (a) Full distribution of amounts collected on behalf of any family Subject to subsection (c), the entire amount collected on behalf of any family as support by a State pursuant to a plan approved under this part shall be paid by the State to the family. ; and (ii) by striking subsections (c) through (e) and inserting the following: (c) Amounts collected for child for whom foster care maintenance payments are made Notwithstanding the preceding provisions of this section, amounts collected by a State as child support for months in any period on behalf of a child for whom a public agency is making foster care maintenance payments under part E shall be paid to the public agency responsible for supervising the placement of the child, which may use the payments in the manner it determines will serve the best interests of the child, including setting such payments aside for the child’s future needs or use. . (B) Foster care state plan amendment Section 471(a)(17) of the Social Security Act ( 42 U.S.C. 671(a)(17) ) is amended— (i) by inserting and consistent with the child's case plan after where appropriate ; and (ii) by striking secure an assignment to the State of any rights to support and inserting establish paternity and establish, modify, and enforce child support obligations . (C) Social Security Act amendments (i) Child support State plan amendment Section 454 of the Social Security Act (42 U.S.C. 654), as amended by section 105(a)(1) of this Act, is amended by inserting after paragraph (35) the following: (36) provide that a State shall pay all collected child support to the payee, except as provided in section 457(c). . (ii) Disbursement of support payments Section 454B(c) of the Social Security Act (42 U.S.C. 654b(c)) is amended by adding at the end the following new paragraph: (3) Disbursement to families The State disbursement unit shall pay all collected child support to the payee, except as otherwise provided in section 457. . (2) Conforming amendments (A) Section 409(a)(7)(B)(i)(I)(aa) of such Act (42 U.S.C. 609(a)(7)(B)(i)(I)(aa)) is amended by striking 457(a)(1)(B) and inserting 457(a) . (B) Section 454(5) of such Act ( 42 U.S.C. 654(5) ) is amended by striking (A) in any case and all that follows through (B) . (C) Section 466(a)(3)(B) of such Act ( 42 U.S.C. 666(a)(3)(B) ) is amended— (i) by striking shall be distributed in accordance with section 457 in the case of overdue support assigned to a State pursuant to section 408(a)(3) or 471(a)(17), or, in any other case, ; and (ii) by inserting or to the public agency responsible for supervising the placement of the child, which may use the payments in the manner the public agency determines will serve the best interest of the child before the semicolon. (3) Repeal of certain DRA amendments Effective on the date of enactment of this Act, subsections (a) and (b) of section 7301 of the Deficit Reduction Act of 2005 ( Public Law 109–171 ; 120 Stat. 141) are repealed and parts A and D of title IV of the Social Security Act shall be applied as if the amendments made by such subsections had not been enacted. (b) Prohibition on conditioning receipt of TANF on assignment of support Section 408(a)(3) of the Social Security Act ( 42 U.S.C. 608(a)(3) ) is amended— (1) in the paragraph heading, by striking No assistance for families not and inserting Prohibition on conditioning assistance for families on ; (2) by inserting not after shall ; (3) by inserting or under a program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)) after this part ; and (4) by striking , not exceeding the total amount of assistance so paid to the family, . (c) Requirement To disregard percentage of child support collected in determining amount and type of TANF assistance Section 408(a) of the Social Security Act (42 U.S.C. 608(a)), as amended by section 103(b)(2) of this Act, is amended by adding at the end the following new paragraph: (14) Requirement to disregard percentage of child support collected in determining amount and type of TANF assistance A State to which a grant is made under section 403 shall disregard at least the same percentage of amounts collected as support on behalf of a family as the percentage of earned income that the State disregards, in determining the amount or type of assistance provided to the family under the State program funded under this part or under a program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)). . (d) Restoration of Federal funding Effective on the date of enactment of this Act, section 7309 of the Deficit Reduction Act of 2005 ( Public Law 109–171 ; 120 Stat. 147) is repealed and part D of title IV of the Social Security Act shall be applied as if the amendment made by subsection (a) of that section had not been enacted. (e) Repeal of mandatory fee for child support collection Effective on the date of enactment of this Act, section 7310 of the Deficit Reduction Act of 2005 ( Public Law 109–171 ; 120 Stat. 147) is repealed and part D of title IV of the Social Security Act shall be applied as if the amendments made by that section had not been enacted. (f) Prohibition on considering a period of incarceration voluntary unemployment Section 466(a) of the Social Security Act (42 U.S.C. 666(a)) is amended by inserting after paragraph (19) the following: (20) Procedures relating to periods of incarceration of noncustodial parents (A) In general Procedures which require that, in determining or modifying the amount of, or terms and conditions of, any support obligation of a noncustodial parent, the State— (i) shall not consider any period of incarceration of such parent as a period of voluntary unemployment that disqualifies the parent from obtaining a modification of the support obligation consistent with the parent's ability to pay child support; and (ii) subject to subparagraph (B) in the case of an incarcerated parent, may— (I) temporarily suspend any support obligation on the parent and the enforcement of any support obligation of the parent existing prior to the period of incarceration; and (II) temporarily prohibit the accrual of any interest on any support obligation of the parent existing prior to the period of incarceration during any such period. (B) Notice and opportunity to challenge suspension Such procedures shall require the State to provide a custodial parent with— (i) notice of any suspension of review, adjustment, or enforcement of a support obligation and of any prohibition on interest accrual on such obligation that is imposed in accordance with subparagraph (A)(ii); and (ii) an opportunity to request that the suspension or prohibition be terminated or modified on the basis that the noncustodial parent has sufficient income or resources to continue payment of the support obligation during the noncustodial parent's period of incarceration. . (g) Review and adjustment of child support arrearages upon request Section 466(a)(10) of the Social Security Act ( 42 U.S.C. 666(a)(10) ) is amended by adding at the end the following: (D) Review and adjustment of arrearages Procedures which require the State to review, and if appropriate, reduce the balance of arrearages permanently assigned to the State under part A or E of this title, or under title XIX, pursuant to standards and procedures established by the State, in cases where the obligor lacks sufficient ability to pay the arrears, adjustment will promote timely payment of current support, or barriers, such as incarceration, may have limited the ability of the obligor to timely seek a modification of the order, and it is in the best interests of the child to make such reduction. Nothing in the preceding sentence shall be construed as affecting arrearages that have not been permanently assigned to the State under any such part or title. . (h) Study and report Not later than October 1, 2014, the Secretary of Health and Human Services shall study and submit a report to Congress regarding the following: (1) The effect of age eligibility restrictions for the earned income tax credit established under section 32 of the Internal Revenue Code of 1986 for individuals without qualifying children on— (A) the ability of young parents to pay child support; (B) compliance with child support orders; and (C) the relationship between young noncustodial parents and their children. (2) The impact of State earned income tax credit programs, especially such programs with targeted benefits for noncustodial parents, on— (A) the ability of noncustodial parents to pay child support; (B) compliance with child support orders; and (C) the relationship between noncustodial parents and their children. (3) The challenges faced by legal immigrants and individuals for whom English is not their primary language in fulfilling child support and other noncustodial parenting obligations. (i) Effective date (1) In general Except as otherwise provided in this section, the amendments made by this section shall take effect on October 1, 2013, and shall apply to payments under parts A and D of title IV of the Social Security Act for calendar quarters beginning on or after that date, and without regard to whether regulations to implement the amendments are promulgated by such date. (2) State option to accelerate effective date Notwithstanding paragraph (1), a State may elect to have the amendments made by the preceding provisions of this section apply to the State and to amounts collected by the State (and to payments under parts A and D of title IV of such Act), on and after such date as the State may select that is not later than September 30, 2013. 107. Collection of child support under the supplemental nutrition assistance program (a) Encouragement of collection of child support Section 5 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014 ) is amended— (1) in subsection (e)— (A) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively; (B) in paragraph (4)(B), by striking paragraph (6) and inserting paragraph (7) ; and (C) by inserting after paragraph (4) the following: (5) Deduction for child support received (A) In general A household shall be allowed a deduction of 20 percent of all legally obligated child support payments received from an identified or putative parent of a child in the household if that parent is not a household member. (B) Order of determining deductions A deduction under this paragraph shall be determined before the computation of the excess shelter deduction under paragraph (7). ; and (2) in subsection (k)(4)(B), by striking subsection (e)(6) and inserting subsection (e)(7) . (b) Simplified verification of child support payments Section 5(n) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014(n) ) is amended— (1) in the subsection heading, by striking State options to simplify , and inserting Simplified ; and (2) by striking Regardless of whether and inserting the following: (1) In general A household that is paying legally obligated child support through the program under part D of title IV of the Social Security Act ( 42 U.S.C. 651 et seq. ) shall receive— (A) a deduction under subsection (e)(4); or (B) an exclusion under subsection (d)(6) for child support payments made. (2) State options Regardless of whether . (c) Inclusion of economic opportunities programs in definition of work program Section 6(o)(2) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(o)(2)) is amended— (1) in subparagraph (C), by striking or at the end; (2) in subparagraph (D), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (E) participate in and comply with the requirements of a demonstration project under section 106 of the Julia Carson Responsible Fatherhood and Healthy Families Act of 2013 ; . (d) Effective date (1) In general This section and the amendments made by this section take effect on October 1, 2013. (2) State option A State may implement the amendments made by subsections (a) and (b) for participating households at the first recertification of the households that occurs on or after October 1, 2013. 108. Grants supporting healthy family partnerships for domestic violence intervention and preventions Section 403(a) of the Social Security Act ( 42 U.S.C. 603(a) ) is amended by adding at the end the following new paragraph: (6) Grants supporting healthy family partnerships for domestic violence intervention and prevention (A) In general The Secretary shall award grants on a competitive basis to healthy family partnerships to develop and implement promising practices for— (i) assessing and providing services to individuals and families affected by domestic violence, including through caseworker training, the provision of technical assistance to community partners, and the implementation of safe visitation and exchange programs; or (ii) preventing domestic violence, particularly as a barrier to economic security, and fostering healthy relationships. (B) Education services In awarding grants under subparagraph (A), the Secretary shall ensure that 10 percent of the funds made available under such grants are used for high schools and other secondary educational institutions and institutions of higher education to provide education services on the value of healthy relationships, responsible parenting, and healthy marriages characterized by mutual respect and nonviolence, and the importance of building relationships skills such as communication, conflict resolution, and budgeting. (C) Application The respective entity and organization of a healthy family partnership entered into for purposes of receiving a grant under this paragraph shall submit a joint application to the Secretary, at such time and in such manner as the Secretary shall specify, containing— (i) a description of how the partnership intends to carry out the activities described in subparagraph (A); (ii) an assurance that funds made available under the grant shall be used to supplement, and not supplant, other funds used by the entity or organization to carry out programs, activities, or services described in subparagraph (A) or (B); and (iii) such other information as the Secretary may require. (D) General rules governing use of funds The rules of section 404, other than subsection (b) of that section, shall not apply to a grant made under this paragraph. (E) Definitions In this paragraph: (i) Domestic violence The term domestic violence has the meaning given that term in section 402(a)(7)(B). (ii) Healthy family partnership The term healthy family partnership means a partnership between— (I) an entity receiving funds under a grant made under paragraph (2) to promote healthy marriage or responsible fatherhood; and (II) an organization with demonstrated expertise working with survivors of domestic violence. (F) Appropriation Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated for each of fiscal years 2014 through 2018, $25,000,000 for purposes of awarding grants to healthy family partnerships under this paragraph. . 109. Procedures to address domestic violence (a) In general Section 403(a)(2) of the Social Security Act (42 U.S.C. 603(a)(2)) is amended— (1) by redesignating subparagraphs (D) and (E) as subparagraphs (F) and (G), respectively; and (2) by inserting after subparagraph (C) the following: (D) Requirements for receipt of funds An entity may not be awarded a grant under this paragraph unless the entity, as a condition of receiving funds under such a grant— (i) identifies in its application for the grant the domestic violence experts at the local, State, or national level with whom the entity will consult in the development and implementation of the programs and activities of the entity; (ii) on award of the grant, and in consultation with such domestic violence experts, develops a written protocol which describes— (I) how the entity will identify instances or risks of domestic violence; (II) the procedures for responding to such instances or risk, including making service referrals and providing protections and appropriate assistance for identified individuals and families; (III) how confidentiality issues will be addressed; and (IV) the domestic violence training that will be provided to ensure effective and consistent implementation of the protocol; and (iii) in an annual report to the Secretary, includes a description of the domestic violence protocols, and a description of any implementation issues identified with respect to domestic violence and how the issues were addressed. (E) Domestic violence defined In this paragraph, the term domestic violence has the meaning given that term in section 402(a)(7)(B). . (b) Conforming amendments Section 403(a)(2) of such Act ( 42 U.S.C. 603(a)(2) ), as amended by section 103(d) of this Act and subsection (a)(1) of this section, is amended— (1) in subparagraph (A)(i)— (A) by striking and (E) and inserting (D), and (G) ; and (B) by striking (D) and inserting (F) ; and (2) in subparagraphs (B)(i) and (C)(i), by striking (D) each place it appears and inserting (F) . II Revenue provision 201. Increase in credit percentage under earned income tax credit for eligible individuals with no qualifying children (a) In general The row in the table in subparagraph (A) of section 32(b)(1) of the Internal Revenue Code of 1986 relating to no qualifying children is amended to read as follows: No qualifying children 20 7.65 . (b) Effective date The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2013.
https://www.govinfo.gov/content/pkg/BILLS-113hr2359ih/xml/BILLS-113hr2359ih.xml
113-hr-2360
I 113th CONGRESS 1st Session H. R. 2360 IN THE HOUSE OF REPRESENTATIVES June 13, 2013 Mr. Fitzpatrick (for himself and Mr. Cartwright ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To reauthorize the Rivers of Steel National Heritage Area, the Lackawanna Valley National Heritage Area, the Delaware and Lehigh National Heritage Corridor, and the Schuylkill River Valley National Heritage Area. 1. Reauthorization of national heritage areas and corridor (a) Rivers of steel national heritage area Section 408 of the Steel Industry American Heritage Area Act of 1996 ( Public Law 104–333 ; 110 Stat. 4256; 127 Stat. 420) is amended by striking 2013 and inserting 2023 . (b) Lackawanna valley national heritage area Section 108 of the Lackawanna Valley National Heritage Area Act of 2000 ( Public Law 106–278 ; 114 Stat. 818; 127 Stat. 420) is amended by striking 2013 and inserting 2023 . (c) Delaware and lehigh national heritage corridor Section 12 of the Delaware and Lehigh Navigation Canal National Heritage Corridor Act of 1988 (Public Law 100–692; 102 Stat. 4558; 112 Stat. 3260; 123 Stat. 1293; 127 Stat. 420) is amended— (1) in subsection (c)(1), by striking 2013 and inserting 2023 ; and (2) in subsection (d), by striking 2013 and inserting 2023 . (d) Schuylkill river valley national heritage area Section 209 of the Schuylkill River Valley National Heritage Area Act ( Public Law 106–278 ; 114 Stat. 824) is amended by striking the date that is 15 years after the date of enactment of this title and inserting September 30, 2023 .
https://www.govinfo.gov/content/pkg/BILLS-113hr2360ih/xml/BILLS-113hr2360ih.xml
113-hr-2361
I 113th CONGRESS 1st Session H. R. 2361 IN THE HOUSE OF REPRESENTATIVES June 13, 2013 Mr. Graves of Missouri introduced the following bill; which was referred to the Committee on the Judiciary A BILL To limit the authority of States and local governments to impose new taxes, or to increase rates of existing taxes, payable with respect to the sale of certain firearms or ammunition or payable for background checks incident to sales of firearms or ammunition. 1. Short title This Act may be cited as the Protecting Honest, Everyday Americans from Senseless And Needless Taxes (PHEASANT) Act of 2013 . 2. Findings and purpose (a) Findings The Congress finds the following: (1) The individual right to keep and bear arms protected by the Second Amendment to the Constitution includes the right to acquire firearms and ammunition without undue burdens. (2) Jurisdictions have imposed taxes or fees on the acquisition of firearms and ammunition that inhibit the exercise of the Second Amendment, particularly among individuals of limited means. (3) Local taxation of firearms and ammunition suppresses lawful interstate commerce that is vital to a robust Second Amendment to the Constitution. (4) The Congress has the authority to regulate interstate commerce in firearms and ammunition to ensure that States are not suppressing access to these lawful products. (5) The singling out of firearms and ammunition for special taxation as a means to suppress their acquisition is an infringement of the Second Amendment and disproportionately affects those in low income communities whose need for self-defense may be especially acute. (b) Purpose The purpose of this Act is to prevent States or local jurisdictions from using their taxing power to suppress lawful interstate commerce and protected constitutional activity. 3. Limitation on authority to impose State and local taxes on sales of certain firearms and ammunition No State or local government may— (1) impose a new tax on the sale of firearms (or of any certain type of firearms) that have moved in or that otherwise affect interstate commerce, or on the sale of ammunition (or of any certain type of ammunition) that has moved in or that otherwise affects interstate commerce, if the respective State or local government does not have in effect on the date of the enactment of this Act a tax on such sale of firearms or ammunition, or (2) increase the rate of a tax imposed on the sale of firearms (or of any certain type of firearms) that have moved in or that otherwise affect interstate commerce, or on the sale of ammunition (or of any certain type of ammunition) that has moved in or that otherwise affects interstate commerce, in effect on the date of the enactment of this Act expressly applicable to such sale of firearms or ammunition. 4. Limitation on authority to impose State and local taxes payable for conducting background checks incident to the sale of firearms and ammunition No State or local government may— (1) impose a tax payable to conduct a background check incident to the sale of firearms (or any certain type of firearms) that have moved in or that otherwise affect interstate commerce, or to the sale of ammunition (or any certain type of ammunition) that has moved in or that otherwise affects interstate commerce, if the respective State or local government does not have in effect on the date of the enactment of this Act a tax payable to conduct a background check incident to the sale of firearms or ammunition, or (2) increase the rate of a tax imposed to conduct background checks incident to the sale of firearms (or any certain type of firearms) that have moved in or that otherwise affect interstate commerce, or to the sale of ammunition (or any certain type of ammunition) that has moved in or that otherwise affects interstate commerce, in effect on the date of the enactment of this Act payable to conduct such checks. 5. Definitions For purposes of this Act: (1) Ammunition The term ammunition has the meaning given such term in section 921 of title 18 of the United States Code. (2) Background check The term background check means a check performed by the system then in effect under section 103 of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note) or pursuant to any State law that mandates an inquiry into an individual’s criminal, mental health, or other personal history as a prerequisite to the transfer or acquisition of a firearm. (3) Firearm The term firearm has the meaning given such term in section 921 of title 18 of the United States Code. (4) Local government The term local government means a political subdivision of a State. (5) Sale The term sale means transfer, sell, trade, or give for value or otherwise. (6) State The term State means any of the several States, the District of Columbia, or any commonwealth, territory, or possession of the United States. (7) Tax The term tax means a tax, fee, or charge payable to the State or local government. 6. Severability If any provision of this Act, or the application of such provision to any person, entity, or circumstance, is held to be unconstitutional, the remaining provisions of this Act, and the application of such provisions to any person, entity, or circumstance, shall not be affected thereby. 7. Effective date; application of Act (a) Effective date Except as provided in subsection (b), this Act shall take effect on the date of the enactment of this Act. (b) Application of Act This Act shall not apply with respect to any liability for taxes accrued and enforced before the date of enactment of this Act or to ongoing litigation relating to such taxes.
https://www.govinfo.gov/content/pkg/BILLS-113hr2361ih/xml/BILLS-113hr2361ih.xml
113-hr-2362
I 113th CONGRESS 1st Session H. R. 2362 IN THE HOUSE OF REPRESENTATIVES June 13, 2013 Mr. Al Green of Texas (for himself and Mr. Thompson of Mississippi ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend title 49, United States Code, with respect to urbanized area formula grants, and for other purposes. 1. Short title This Act may be cited as the Transportation for Heroes Act of 2013 . 2. Urbanized area formula grants Section 5307(c)(1)(D) of title 49, United States Code, is amended— (1) in clause (ii) by striking and at the end; (2) in clause (iii) by inserting and after the semicolon at the end; and (3) by adding at the end the following: (iv) veteran (as such term is defined in section 101 of title 38); .
https://www.govinfo.gov/content/pkg/BILLS-113hr2362ih/xml/BILLS-113hr2362ih.xml
113-hr-2363
I 113th CONGRESS 1st Session H. R. 2363 IN THE HOUSE OF REPRESENTATIVES June 13, 2013 Mr. Honda introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Ways and Means and Small Business , 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 foster further innovation and entrepreneurship in the health information technology sector. 1. Short title This Act may be cited as the Health Care Innovation and Marketplace Technologies Act of 2013 . 2. Health information technology placed in service by medical care provider (a) In general Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following: 200. Health IT placed in service by medical care provider (a) In general In the case of a medical care provider, there shall be allowed as a deduction an amount equal to the amount paid or incurred by the medical care provider for qualified health information technology placed in service by the provider during the taxable year. (b) Limitation The amount allowed as a deduction to a medical care provider by subsection (a) for a taxable year shall not exceed $250,000. (c) Definitions For purposes of this section— (1) Medical care provider The term medical care provider means— (A) a provider of services (as defined in section 1861(u) of the Social Security Act (42 U.S.C. 1395x(u)), (B) a provider of medical or health services (as defined in section 1861(s) of the Social Security Act ( 42 U.S.C. 1395x(s) ), and (C) any other person who furnishes, bills, or is paid for health care in the normal course of business. (2) Qualified health information technology The term qualified health information technology means the application of information processing involving both computer hardware and software that deals with the storage, retrieval, sharing, and use of health care information, data, and knowledge for communication and decisionmaking. Such term does not include certified EHR technology. (d) Special rules (1) Pass-thru entities In the case of a partnership or S corporation, this section shall be applied at the entity level and at the partner or similar level. (2) Coordination with other deductions Any amount taken into account under subsection (a) shall not be allowed as a deduction under any other section of this chapter. (e) Termination This section shall not apply to amounts paid or incurred after December 31, 2018. . (b) Clerical amendment The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 200. Health IT placed in service by medical care provider. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. 3. Small business health information technology financing program The Small Business Act (15 U.S.C. 631 et seq.) is amended by redesignating sections 45, 46, and 47 as sections 46, 47, and 48, respectively, and by inserting the following new section after section 44: 45. Loan guarantees for health information technology (a) Definitions As used in this section: (1) The term health information technology means computer hardware, software, services, and related technology that is purchased by an eligible professional to aid in the provision of health care in a health care setting and that provides for— (A) enhancement of continuity of care for patients through electronic storage, transmission, and exchange of relevant personal health data and information, such that this information is accessible at the times and places where clinical decisions will be or are likely to be made; (B) enhancement of communication between patients and health care providers; (C) improvement of quality measurement by eligible professionals enabling them to collect, store, measure, and report on the processes and outcomes of individual and population performance and quality of care; (D) improvement of evidence-based decision support; (E) enhancement of consumer and patient empowerment; or (F) services that assist with workflow redesign, training, system configuration, human change management and other similar services focused on getting the best value from existing technology that has already been purchased. Such term shall not include information technology whose sole use is financial management, maintenance of inventory of basic supplies, or appointment scheduling. (2) The term eligible professional means any of the following: (A) A physician (as defined in section 1861(r) of the Social Security Act (42 U.S.C. 1395x(r))). (B) A practitioner described in section 1842(b)(18)(C) of that Act. (C) A physical or occupational therapist or a qualified speech-language pathologist. (D) A qualified audiologist (as defined in section 1861(ll)(3)(B)) of that Act. (E) A State-licensed pharmacist. (F) A State-licensed, a State-certified, or a nationally accredited home health care provider. (3) The term qualified eligible professional means an eligible professional whose office can be classified as a small business concern by the Administrator for purposes of this Act under size standards established under section 3 of this Act. (b) Loan guarantees for qualified eligible professionals (1) In general Subject to paragraph (2), the Administrator may guarantee up to 90 percent of the amount of a loan made to a qualified eligible professional to be used for the acquisition of health information technology for use in such eligible professional’s medical practice and for the costs associated with the installation of such technology. Except as otherwise provided in this section, the terms and conditions that apply to loans made under section 7(a) of this Act shall apply to loan guarantees made under this section. (2) Limitations on guarantee amounts The maximum amount of loan principal guaranteed under this subsection may not exceed— (A) $250,000 with respect to any single qualified eligible professional; and (B) $500,000 with respect to a single group of affiliated qualified eligible professionals. (c) Fees (1) The Administrator may impose a guarantee fee on the borrower for the purpose of reducing the cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990) of the guarantee to zero in an amount not to exceed 2 percent of the total guaranteed portion of any loan guaranteed under this section. The Administrator may also impose annual servicing fees on lenders not to exceed 0.5 percent of the outstanding balance of the guarantees on lenders’ books. (2) No service fees, processing fees, origination fees, application fees, points, brokerage fees, bonus points, or other fees may be charged to a loan applicant or recipient by a lender in the case of a loan guaranteed under this section. (d) Deferral period Loans guaranteed under this section shall carry a deferral period of not less than 1 year and not more than 3 years. The Administrator shall have the authority to subsidize interest during the deferral period. (e) Effective date No loan may be guaranteed under this section after the date that is 6 months after the date of enactment of this section. (f) Sunset No loan may be guaranteed under this section after the date that is 10 years after the date that is 6 months after the date of enactment of this section. (g) Authorization of appropriations There are authorized to be appropriated such sums as are necessary for the cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990) of guaranteeing $25,000,000 in loans under this section. The Administrator shall determine such program cost separately and distinctly from other programs operated by the Administrator. . 4. Challenge grant program; Disruptive technologies prize program (a) In general Subtitle B of title XXX of the Public Health Service Act (42 U.S.C. 300jj–31 et. seq.) is amended— (1) by redesignating sections 3017 and 3018 as sections 3019 and 3020, respectively; and (2) by inserting after section 3016 the following new sections: 3017. Challenge grant program (a) In general Subject to the availability of appropriations, the Secretary, acting through the National Coordinator, shall award competitive grants to eligible entities to carry out the activities described in subsection (d). (b) Eligible entity defined In this section, the term eligible entity means any individual or entity, except for an entity that— (1) has 500 or more employees; and (2) has an annual revenue of $7,000,000 or more. (c) Application An eligible entity seeking a grant under this section shall submit an application to the National Coordinator at such time, in such manner, and containing such information as the National Coordinator may require, including a description of the product, process, or structure described in subsection (d) for which the entity intends to use the grant. (d) Uses of funds An eligible entity that receives a grant under this section shall use such funds to develop an effective product, process, or structure that enhances the use, particularly by patients, of health information technology, by— (1) integrating more than one aspect of health information; (2) performing a medical consultation using technology; (3) providing health information to physicians or patients; (4) allowing better coordination during the delivery and follow-up after the delivery of health care; or (5) addressing any of the three areas that the Commission established under section 3018(e)(1) has identified pursuant to its duties under section 3018(e)(2)(A). (e) Prohibited use of funds An eligible entity that receives a grant under this section may not use such grant to develop a product, process, or structure that meets only the requirements that are necessary to be a certified EHR technology. (f) Grant amount A grant awarded under this section may not be greater than $75,000. (g) Report Not later than one year after the date of receipt of a grant under this section, an eligible entity shall submit to the National Coordinator and the Administrator of the Centers for Medicare & Medicaid Services a report that describes— (1) the progress that the entity has made on the product, process, or structure funded by the grant; and (2) how patients, health care providers, and other individuals and entities involved in the delivery of healthcare, including the Centers for Medicare & Medicaid Services, could use the product, process, or structure funded by the grant to enhance the delivery of and reduce the cost of health care. (h) Authorization of Appropriations There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2015 through 2017. 3018. Disruptive technologies prize program (a) Prize program authorized For purposes of rewarding innovation in health information technology, the Secretary, acting through the National Coordinator, shall carry out a program to award one prize competitively in each of the three areas identified by the Commission under subsection (e)(2)(A) using the benchmarks developed under subsection (e)(2)(B) to select the prize recipient in each category. (b) Administration of Program In carrying out the program under subsection (a), the following shall apply: (1) Advertising The National Coordinator shall widely advertise the prize competition to encourage broad participation. (2) Requirements and Registration The National Coordinator shall publish a notice in the Federal Register announcing— (A) the rules for being eligible to participate in the competition; (B) the process for participants to register for the competition; (C) the areas of health information technology that the Commission develops under subsection (e)(2)(A) for each prize; and (D) the benchmarks that the Commission develops under subsection (e)(2)(B) based on which a winner will be selected in each such area. (c) Eligibility To be eligible to win a prize under this section, an individual or entity— (1) shall register to participate in the competition in accordance with any rules promulgated by the National Coordinator under subsection (b)(2); (2) in the case of an entity, shall be incorporated in and maintain a primary place of business in the United States, and in the case of an individual, whether participating singly or in a group, shall be a citizen or permanent resident of the United States; and (3) may not be a Federal entity or Federal employee acting within the scope of their employment; and (4) shall submit an application that includes an explanation of the anticipated market viability of the technology that such individual or entity would develop with funds received under the prize program. (d) Prize amount (1) In general Subject to paragraph (2), a prize awarded under this section shall be in the amount of $10,000,000. (2) Alternative rule In the case that the amount made available for prize awards under this section is less than $33,000,000, the National Coordinator may reserve not more than 10 percent for the administrative costs of carrying out this section, and shall divide the remaining amount equally for the three prizes awarded under this section. (e) Commission (1) In general There is established a commission to carry out the activities described in paragraph (2) (referred to in this section as the Commission ). (2) Duties (A) Areas of health information technology For the purposes of the prize program under subsection (a), the Commission shall identify three areas within the field of health information technology that are not adequately addressed by certified EHR technologies and the use of such technologies. Each area identified shall be an area that will promote the development of technologies that would be widely useful, would help decrease the cost of health care, and would improve the quality of health care, particularly for patients. (B) Benchmarks The Commission shall develop the benchmarks that the National Coordinator shall use to determine the prize recipient in each area identified under subparagraph (A). The Commission shall identify such benchmarks with the goals of— (i) attracting participants from outside the health information technology field that will take new approaches to addressing the areas identified by the Commission under subparagraph (A); (ii) solving such challenges; and (iii) promoting the development of technologies that will be widely adopted, particularly by patients. (C) Restriction of prize award The Commission shall determine how to restrict the prize recipients’ use of the funds awarded as a prize under this section, with respect to the development of health information technology, in order to ensure that the prize recipients use such funds to further develop the technologies for which such prize was awarded. (3) Members (A) Number and appointment The Commission shall be composed of 10 members appointed by the National Coordinator not later than 90 days after the date of the enactment of this Act. (B) Composition Each member of the Commission shall be appointed to represent one of the following four categories: (i) The varied disciplines within the health information technology field. (ii) The varied disciplines within the medical field that are not described in clause (i). (iii) Individuals who— (I) represent a patient-led, patient-centered organization with a patient constituency; (II) have experience with health information technology and privacy; and (III) are trained, knowledgeable, and prepared to participate in the decisionmaking process regarding health information technology. (iv) Officers or employees of the Federal Government. (C) Representation of membership categories At least two members of the Commission shall represent each of the categories described in subparagraph (B). (D) Travel expenses Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (E) First meeting The Commission shall hold its first meeting not later than 180 days after the date of the enactment of this Act. (4) Report to the National Coordinator Not later than one year after the date of enactment of this Act, the Commission shall submit to the National Coordinator a report containing the areas, benchmarks, and restrictions on the uses of prize awards that the Commission identifies for the prize program under paragraph (2). (5) Termination The Commission shall terminate upon submitting its report to the National Coordinator under paragraph (4). (f) Authorization of Appropriations In addition to sums authorized to be appropriated to carry out this subtitle under section 3020, there is authorized to be appropriated to carry out this section $33,000,000 for fiscal year 2015. . (b) Conforming Amendments (1) Section 3011 of such Act ( 42 U.S.C. 300jj–31 ) is amended— (A) in subsection (a), by striking section 3018 and inserting section 3020 ; and (B) in subsection (c), by striking section 3018 and inserting section 3020 . (2) Section 3020 of such Act (as so redesignated) is amended by inserting except for section 3018, after For purposes of carrying out this subtitle, . 5. Establishment of the Office of Wireless Health Technology Chapter X of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 391 et seq. ) is amended by adding at the end the following new section: 1013. Office of Wireless Health Technology (a) Establishment There is established within the Office of the Commissioner an office to be known as the Office of Wireless Health Technology (referred to in this section as the Office ), which shall be headed by a director. (b) Appointment of first Director The first Director of the Office shall be appointed by the Commissioner not later than 90 days after the date of enactment of this section. (c) Duties The Director of the Office shall— (1) through public meetings and other forms of communication with individuals and entities that design, produce, disseminate, or have a prevailing interest in wireless health technology, receive and analyze recommendations with respect to ways that existing regulations regarding wireless health technology might be made more reasonable and predictable, including ways that such regulations could be clarified and simplified; (2) coordinate with Federal agencies, offices, institutes, and centers involved in the regulation of wireless health technology, including the Federal Communications Commission, the Office of the National Coordinator for Health Information Technology, the Centers for Medicare & Medicaid Services, the Agency for Healthcare Research and Quality, the National Institute of Standards and Technology, the Health Resources and Services Administration, and the National Institutes of Health, regarding activities of such agencies, offices, institutes, and centers that can be improved so as to make such regulation more robust, predictable, and easily understood and navigated by individuals and entities that design, produce, disseminate, or have a prevailing interest in wireless health technology; (3) provide information to individuals and entities that design, produce, disseminate, or have a prevailing interest in wireless health technology on how to design, produce, or disseminate wireless health technology in accordance with existing law; and (4) publish and make available on the public Internet Web site of the Food and Drug Administration in a searchable format an annual report that— (A) explains how the Food and Drug Administration implemented regulations regarding wireless health technology during the prior year; (B) analyzes the effectiveness of— (i) such regulations; and (ii) other wireless health-related efforts by the Food and Drug Administration; and (C) provides specific recommendations on how the Food and Drug Administration should improve its practices with regard to wireless health technology (in a manner that ensures consistency within the Food and Drug Administration regarding the application of its regulatory approach without compromising patient safety or privacy) in order to— (i) remove barriers to innovations in such technology; and (ii) align such practices with the practices of other Federal agencies. (d) Consultation with working groups and commissions In carrying out the duties specified in subsection (c), the Director of the Office may consult with any working groups or commissions, including any working group or commission convened for a purpose related to the regulation of wireless health technology. (e) Definition of wireless health technology For purposes of this section, the term wireless health technology has such meaning as specified by the Commissioner pursuant to regulation, but in no case shall include technology this is not regulated under the provisions of this Act (other than this section). (f) Authorization of appropriations There is authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 2015 through 2019. . 6. Mobile health software application technology responsibilities of the Health Information Technology Research Center Section 3012 of the Public Health Service Act ( 42 U.S.C. 300jj–32 ) is amended— (1) in subsection (b), by adding at the end the following new paragraph: (4) Encouragement of design, production, and dissemination of mobile health software application technology (A) In general In addition to the purposes under paragraph (3), the Center shall— (i) establish an educational Web site repository and a response mechanism (such as a national telephone number) to provide timely responses to questions in order to make information available and provide direct support to individuals and entities that design, produce, disseminate, or have a prevailing interest in mobile health software application technology regarding the actions such individuals and entities must take in order to ensure that such technology is designed, produced, and disseminated in accordance with Federal law; and (ii) publish and make available on the public Internet Web site of the Department in a searchable format an annual report that— (I) highlights and explains the laws and regulations that commonly impede efforts by individuals and entities to design, produce, or disseminate mobile health software application technology; and (II) discusses the work the Center has completed in the past year with regard to mobile health software application technology, including accomplishments by the Center and challenges that may require more work or outside support in order for the Center to accomplish the objectives outlined in this subparagraph. (B) Definition of mobile health software application technology For purposes of subparagraph (A), the term mobile health software application technology means a software program that— (i) offers health-related services and runs on a mobile device; or (ii) enables health-related services through other portals associated with the use of a mobile device. (C) Authorization of appropriations There is authorized to be appropriated to carry out this paragraph $500,000 for each of fiscal years 2015 through 2019. ; and (2) in subsection (c)(8), by deleting paragraph (3) and inserting paragraphs (3) and (4) . 7. Workforce Retraining Grants (a) In General The National Coordinator for Health Information Technology may award to eligible entities grants to be used for training health care workers in health information technology (in this section referred to as HIT ). (b) Period of Grant The period of a grant under this section shall be 24 months. (c) Eligible Entities In this section, eligible entities means entities that provide clinical health care services to individuals within the United States. (d) Job Transition As a condition on receipt of a grant under this section, a grantee shall ensure that each employee whose HIT training is funded by that grant assumes expanded duties with the grantee, either in the form of a new employment position or revised duties within such employee’s existing employment position, that requires the use of HIT, not more than 1 year after the employee completes the training. (e) Reporting Each grantee shall submit a report not later than 24 months after receipt of a grant to the National Coordinator for Health Information Technology including the following: (1) The number of employees who received training pursuant to the grant. (2) The HIT skills covered during such training or trainings. (3) Documentation that each trained employee commenced or will commence work in a new position that satisfies the condition set forth in subsection (d). (f) Authorization of Appropriations There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2015 through 2019.
https://www.govinfo.gov/content/pkg/BILLS-113hr2363ih/xml/BILLS-113hr2363ih.xml
113-hr-2364
I 113th CONGRESS 1st Session H. R. 2364 IN THE HOUSE OF REPRESENTATIVES June 13, 2013 Mr. Israel (for himself, Mr. Blumenauer , Ms. Bonamici , Mr. Capuano , Ms. Chu , Mr. Cicilline , Ms. Clarke , Mr. Clay , Mr. Connolly , Mrs. Davis of California , Mr. Ellison , Mr. Farr , Mr. Fattah , Mr. Grijalva , Ms. Hahn , Mr. Himes , Mr. Peters of Michigan , Ms. Pingree of Maine , Mr. Polis , Ms. Schakowsky , Mr. Sherman , Ms. Tsongas , Ms. Wasserman Schultz , and Mr. Waxman ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Equal Credit Opportunity Act to prohibit discrimination on account of sexual orientation or gender identity when extending credit. 1. Short title This Act may be cited as the Freedom from Discrimination in Credit Act of 2013 . 2. Prohibition against discrimination on account of sexual orientation or gender identity Subsection (a)(1) of section 701 of the Equal Credit Opportunity Act ( 15 U.S.C. 1691 ) is amended— (1) by striking on the basis of race, color, religion, national origin, sex or marital status, ; and (2) by inserting on the basis of race, color, religion, national origin, sex, sexual orientation, gender identity, or marital status, . 3. Definitions Section 702 of the Equal Credit Opportunity Act ( 15 U.S.C. 1691a ) is amended— (1) by striking subsections (f) and (g); and (2) by inserting after subsection (e) the following new subsections: (f) The term gender identity means the gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual, with or without regard to the individual’s designated sex at birth. (g) The term person means a natural person, a corporation, government or governmental subdivision or agency, trust, estate, partnership, cooperative, or association. (h) The term sexual orientation means homosexuality, heterosexuality, or bisexuality. (i) Any reference to any requirement imposed under this title or any provision of this title shall be deemed to include a reference to the regulations of the Bureau under this title or the provision of this title in question. .
https://www.govinfo.gov/content/pkg/BILLS-113hr2364ih/xml/BILLS-113hr2364ih.xml
113-hr-2365
I 113th CONGRESS 1st Session H. R. 2365 IN THE HOUSE OF REPRESENTATIVES June 13, 2013 Mr. King of New York (for himself and Mr. McCaul ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to provide for the national collection of data on stillbirths in a standardized manner, and for other purposes. 1. Short title This Act may be cited as the Stillbirth Awareness and Research Act of 2013 . 2. National stillbirth registry Part B of title III of the Public Health Service Act ( 42 U.S.C. 243 et seq. ) is amended by inserting after section 317T the following: 317U. National stillbirth registry (a) Establishment For the purposes described in subsection (b), the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall, by grant or contract, establish and maintain a scientific registry of stillbirths in the United States (in this section referred to as the registry ). (b) Purposes The purposes of the registry are— (1) to provide a national repository for reporting and maintaining in a consistent manner data on stillbirths; and (2) to make such data available for research on the causes and prevention of stillbirths. (c) Content The registry shall include, with respect to each stillbirth, information on the stillborn fetus and the mother’s health and pregnancy as collected and submitted by States on the U.S. Standard Report of Fetal Death. In submitting such information, the Director of the Centers for Disease Control and Prevention shall require States to use the standard definition of stillbirth and the standard protocol for stillbirth data collection and surveillance as determined pursuant to subsection (d). (d) Determination of standard stillbirth definition and protocol (1) In general For purposes of this section, the Secretary shall provide for the development of the following: (A) A standard definition of stillbirth. (B) A standard protocol for stillbirth data collection and surveillance. (2) Consultation The Secretary shall ensure that the standard definition and protocol described in paragraph (1) are developed under such paragraph in a manner that ensures the consultation of representatives of health care organizations, State and local governments, and other interested entities specified by the Secretary. . 3. Sense of Congress on NIH funding for stillbirth research It is the sense of the Congress that the Director of the National Institutes of Health should increase the allocation of funds and other resources for stillbirth research. 4. National public awareness campaign (a) In general The Secretary of Health and Human Services shall carry out a national campaign to increase public awareness and knowledge of stillbirths and public and State awareness of the standard stillbirth definition and standard protocol for stillbirth data collection and surveillance under section 317U of the Public Health Service Act, as added by section 2. (b) Measures To reduce the incidence of stillbirths Activities under the national campaign under subsection (a) shall include— (1) the dissemination of information on measures for mothers to maintain a healthy pregnancy and assess fetal health; (2) the dissemination of information on good prenatal care practices such as not drinking alcohol or smoking; and (3) the promotion of the use of proactive steps to monitor (or ascertain) a baby’s well-being, including the monitoring of fetal movement beginning at approximately 28 weeks into the pregnancy. 5. Authorization of appropriations (a) In general To carry out this Act and the amendment made by this Act, there is authorized to be appropriated $5,000,000 for each of fiscal years 2014 through 2018. (b) Corresponding reduction The aggregate amount authorized to be appropriated by other provisions of law to the Centers for Disease Control and Prevention for business services support is reduced by $5,000,000 for each of fiscal years 2014 through 2018.
https://www.govinfo.gov/content/pkg/BILLS-113hr2365ih/xml/BILLS-113hr2365ih.xml
113-hr-2366
I 113th CONGRESS 1st Session H. R. 2366 IN THE HOUSE OF REPRESENTATIVES June 13, 2013 Mr. Lamborn (for himself and Mr. Cleaver ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To require the Secretary of the Treasury to mint coins in commemoration of the centennial of World War I. 1. Short title This Act may be cited as the World War I American Veterans Centennial Commemorative Coin Act . 2. Findings; Purpose (a) Findings The Congress finds the following: (1) The year 2018 is the 100th anniversary of the signing of the armistice with Germany ending World War I battlefield hostilities. (2) On the 6th of April 1917, the United States of America entered World War I by declaring war against Germany. (3) Two million American soldiers served overseas during World War I. (4) More than four million men and women from the United States served in uniform during World War I. (5) The events of 1914 through 1918 shaped the world and the lives of millions of people for decades. (6) Over 9 million soldiers worldwide lost their lives between 1914 and 1918. (7) The centennial of America’s involvement in World War I offers an opportunity for people in the United States to commemorate the commitment of their predecessors. (8) Frank Buckles, the last American veteran from World War I died on February 27, 2011. (9) He was our last direct American link to the war to end all wars . (10) While other great conflicts, including the Civil War, World War II, the Korean War, and the Vietnam War, have all been memorialized on United States commemorative coins, there currently exists no coin to honor the brave veterans of World War I. (11) The 112th Congress established the World War I Centennial Commission to plan, develop, and execute programs, projects, and activities to commemorate the centennial of World War I. (b) Purpose The purpose of this Act is to— (1) commemorate the centennial of America’s involvement in World War I; and (2) honor the over 4 million men and women from the United States who served during World War I. 3. Coin specifications (a) $1 Silver Coins The Secretary of the Treasury (hereafter in this Act referred to as the Secretary ) shall mint and issue not more than 350,000 $1 coins in commemoration of the centennial of America’s involvement in World War I, each of which shall— (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches (38.1 millimeters); and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. 4. Design of coins (a) Design Requirements (1) In general The design of the coins minted under this Act shall be emblematic of the centennial of America’s involvement in World War I. (2) Designation and inscriptions On each coin minted under this Act, there shall be— (A) a designation of the value of the coin; (B) an inscription of the year 2018 ; and (C) inscriptions of the words Liberty , In God We Trust , United States of America , and E Pluribus Unum . (b) Selection The design for the coins minted under this Act shall be selected by the Secretary based on the winning design from a juried, compensated design competition described under subsection (c). (c) Design competition The Secretary shall hold a competition and provide compensation for its winner to design the obverse and reverse of the coins minted under this Act. The competition shall be held in the following manner: (1) The competition shall be judged by an expert jury chaired by the Secretary and consisting of 3 members from the Citizens Coinage Advisory Committee who shall be elected by such Committee and 3 members from the Commission of Fine Arts who shall be elected by such Commission. (2) The Secretary shall determine compensation for the winning design, which shall be not less than $5,000. (3) The Secretary may not accept a design for the competition unless a plaster model accompanies the design. 5. Issuance of coins (a) Quality of Coins Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility Only one facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance The Secretary may issue coins under this Act only during the calendar year beginning on January 1, 2018. 6. Sale of coins (a) Sale Price The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of— (1) the face value of the coins; (2) the surcharge provided in section 7 with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders (1) In general The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. 7. Surcharges (a) In General All sales of coins issued under this Act shall include a surcharge of $10 per coin. (b) Distribution Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be paid by the Secretary to the World War I Centennial Commission, consistent with section 8. (c) Unused funds upon termination If, upon the termination of the World War I Centennial Commission, there remains a balance of funds from surcharges received from the Secretary pursuant to this section, the Commission shall transfer such funds to the general fund of the Treasury. (d) Audits The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the World War I Commission as may be related to the expenditures of amounts paid under subsection (b). (e) Limitation Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code. The Secretary may issue guidance to carry out this subsection. 8. Financial assurances The Secretary shall take such actions as may be necessary to ensure that— (1) minting and issuing coins under this Act will not result in any net cost to the United States Government; and (2) no funds, including applicable surcharges, shall be disbursed to any recipient designated in section 7 until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code.
https://www.govinfo.gov/content/pkg/BILLS-113hr2366ih/xml/BILLS-113hr2366ih.xml
113-hr-2367
I 113th CONGRESS 1st Session H. R. 2367 IN THE HOUSE OF REPRESENTATIVES June 13, 2013 Mr. Ben Ray Luján of New Mexico (for himself, Ms. Michelle Lujan Grisham of New Mexico , Mr. Ruiz , and Mr. Pearce ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To strengthen Indian education, and for other purposes. 1. Short title This Act may be cited as the Building upon Unique Indian Learning and Development Act . 2. In-school facility innovation program contest (a) In general The Secretary of the Interior shall— (1) establish an in-school facility innovation program contest in which institutions of higher education, including Tribal Colleges and Universities (as defined in section 316 of the Higher Education Act of 1965 ( 20 U.S.C. 1059c )), are encouraged to consider solving the problem of how to improve school facilities for tribal schools and schools served by the Bureau of Indian Education for problem-based learning in their coursework and through extracurricular opportunities; and (2) establish an advisory group for the contest described in paragraph (1) that shall include students enrolled at a Tribal College or University, a representative from the Bureau of Indian Education, and engineering and fiscal advisors. (b) Submission of finalists to the Indian Affairs Committee The Secretary of the Interior shall submit the finalists to the Committee on Indian Affairs of the Senate. (c) Winners The Secretary of the Interior shall— (1) determine the winners of the program contest conducted under this section; and (2) award the winners appropriate recognition and reward. 3. Department of the Interior and Department of Education Joint Oversight Board (a) In general The Secretary of Education and the Secretary of the Interior shall jointly establish a Department of the Interior and Department of Education Joint Oversight Board, that shall— (1) be co-chaired by both Departments; and (2) coordinate technical assistance, resource distribution, and capacity building between the 2 departments on the education of and for Native American students. (b) Information To be shared The Joint Oversight Board shall facilitate the communication, collaboration, and coordination between the 2 departments of education policies, access to and eligibility for Federal resources, and budget and school leadership development, and other issues, as appropriate. 4. Improve support for teachers and administrators of native american students Subpart 2 of part A of title VII of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7441 et seq. ) is amended by adding at the end the following: 7123. Teacher and administrator pipeline for teachers and administrators of native american students (a) Grants authorized The Secretary shall award grants to eligible entities to enable such entities to create or expand a teacher or administrator, or both, pipeline for teachers and administrators of Native American students. (b) Eligible entity In this section, the term eligible entity means— (1) a local educational agency; (2) an institution of higher education; (3) a Tribal College or University (as defined in section 316 of the Higher Education Act of 1965); or (4) a nonprofit organization. (c) Priority In awarding grants under this section, the Secretary shall give priority to Tribal Colleges and Universities (as defined in section 316 of the Higher Education Act of 1965). (d) Activities An eligible entity that receives a grant under this section shall create a program that shall prepare, recruit, and provide continuing education for teachers and administrators of Native American students, in particular for teachers of— (1) science, technology, engineering, and mathematics; (2) subjects that lead to health professions; and (3) green skills and middle skills , including electrical, welding, technology, plumbing, and green jobs. (e) Incentives for teachers and administrators An eligible entity that receives a grant under this section may provide incentives to teachers and principals who make a commitment to serve high-need, high-poverty, tribal schools, including in the form of scholarships, loan forgiveness, incentive pay, or housing allowances. (f) School and community orientation An eligible entity that receives a grant under this section shall develop an evidence-based, culturally based school and community orientation for new teachers and administrators of Native American students. . 5. Native American student support (a) Standards-Based assessments Section 1111(b)(3) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(3) ) is amended by adding at the end the following: (E) Standards-based education assessments Notwithstanding any other provision of this Act, a State shall develop standards-based education assessments and classroom lessons to accommodate diverse learning styles, which assessments may be used by the State in place of the general assessments described in subparagraph (A). . (b) Support The Secretary of Education shall expand programs for Native American school children— (1) to provide support for learning in the children's Native language and culture; and (2) to provide English language instruction. (c) Research The Comptroller General of the United States shall conduct research on culture- and language-based education to identify the factors that improve education and health outcomes. (d) Native language teaching Section 1119 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6319 ) is amended by adding at the end the following: (m) Qualifications for Native language teachers (1) In general Notwithstanding any other provision of law, the requirements of subsection (a) for local educational agencies and States with respect to highly qualified teachers, shall not apply to a teacher of a Native language. (2) Alternative licensure or certification Each State educational agency receiving assistance under this part shall develop an alternative licensure or certification for teachers of a Native language. . (e) Grant program To ensure the survival and continuing vitality of native american languages (1) Definitions In this subsection: (A) Commissioner The term Commissioner means the Commissioner of the Administration for Native Americans in the Department of Health and Human Services (established under section 803B of the Native American Programs Act of 1974 (42 U.S.C. 2991b–2)). (B) Eligible entity The term eligible entity means any agency or organization that is eligible for financial assistance under section 803(a) of the Native American Programs Act of 1974 ( 42 U.S.C. 2991b(a) ). (2) Establishment of grant program The Commissioner shall establish a program to provide eligible entities with grants for the purpose of assisting Native Americans to ensure the survival and continuing vitality of Native American languages. (3) Use of amounts (A) In general An eligible entity may use amounts received under this subsection to carry out activities that ensure the survival and continuing vitality of Native American languages, including— (i) the establishment and support of community Native American language projects designed to bring older and younger Native Americans together to facilitate and encourage the transfer of Native American language skills from one generation to another; (ii) the establishment of projects that train Native Americans to— (I) teach a Native American language to others; or (II) serve as interpreters or translators of a Native American language; (iii) the development, printing, and dissemination of materials to be used for the teaching and enhancement of a Native American language; (iv) the establishment or support of a project to train Native Americans to produce or participate in television or radio programs to be broadcast in a Native American language; (v) the compilation, transcription, and analysis of oral testimony to record and preserve a Native American language; (vi) the purchase of equipment, including audio and video recording equipment, computers, and software, required to carry out a Native American language project; and (vii) (I) the establishment of Native American language nests, which are site-based educational programs that— (aa) provide instruction and child care through the use of a Native American language for at least 10 children under the age of 7 for an average of at least 500 hours per year per student; (bb) provide classes in a Native American language for parents (or legal guardians) of students enrolled in a Native American language nest (including Native American language-speaking parents); and (cc) ensure that a Native American language is the dominant medium of instruction in the Native American language nest; (II) the establishment of Native American language survival schools, which are site-based educational programs for school-age students that— (aa) provide an average of at least 500 hours of instruction through the use of 1 or more Native American languages for at least 15 students for whom a Native American language survival school is the principal place of instruction; (bb) develop instructional courses and materials for learning Native American languages and for instruction through the use of Native American languages; (cc) provide for teacher training; (dd) work toward a goal of all students achieving— (AA) fluency in a Native American language; and (BB) academic proficiency in mathematics, reading (or language arts), and science; and (ee) are located in areas that have high numbers or percentages of Native American students; and (III) the establishment of Native American language restoration programs, which are educational programs that— (aa) operate at least 1 Native American language program for the community that the educational program serves; (bb) provide training programs for teachers of Native American languages; (cc) develop instructional materials for the Native American language restoration programs; (dd) work toward a goal of increasing proficiency and fluency in at least 1 Native American language; and (ee) provide instruction in at least 1 Native American language. (B) Native American language restoration programs An eligible entity carrying out a program described in subparagraph (A)(vii)(III) may use amounts made available under this section to carry out— (i) Native American language programs, including— (I) Native American language immersion programs; (II) Native American language and culture camps; (III) Native American language programs provided in coordination and cooperation with educational entities; (IV) Native American language programs provided in coordination and cooperation with institutions of higher education with expertise in the relevant Native language, particularly Tribal Colleges and Universities (as defined in section 316 of the Higher Education Act of 1965 ( 20 U.S.C. 1059c )); (V) Native American language programs that use a master-apprentice model of learning languages; and (VI) Native American language programs provided through a regional program to better serve geographically dispersed students; (ii) Native American language teacher training programs, including— (I) training programs in Native American language translation for fluent speakers; (II) training programs for Native American language teachers; and (III) training programs for teachers in the use of Native American language materials, tools, and interactive media to teach Native American language; and (iii) the development of Native American language materials, including books, audio and visual tools, and interactive media programs. (4) Applications (A) In general Subject to subparagraph (B), in awarding a grant under this subsection, the Commissioner shall select applicants from among eligible entities on the basis of applications submitted to the Commissioner at such time, in such form, and containing such information as the Commissioner requires. (B) Requirements An application under subparagraph (A) shall include, at a minimum— (i) a detailed description of the current status of the Native American language to be addressed by the project for which a grant is requested, including a description of existing programs and projects, if any, in support of that language; (ii) a detailed description of the project for which the grant is requested; (iii) a statement that the objectives of the project are in accordance with the purposes of this subsection; (iv) a detailed description of the plan of the applicant to evaluate the project; (v) if appropriate, an identification of opportunities for the replication or modification of the project for use by other Native Americans; (vi) a plan for the preservation of the products of the Native American language project for the benefit of future generations of Native Americans and other interested persons; and (vii) in the case of an application for a grant to carry out any purpose specified in paragraph (3)(A)(vii)(III), a certification by the applicant that the applicant has not less than 3 years of experience in operating and administering a Native American language survival school, a Native American language nest, or any other educational program in which instruction is conducted in a Native American language. (C) Participating organizations If an applicant determines that the objectives of a proposed Native American language project would be accomplished more effectively through a partnership with an educational entity, the applicant shall identify the educational entity as a participating organization in the application. (5) Limitations on funding (A) Federal share The Federal share of the total cost of a program under this subsection shall not exceed 80 percent. (B) Non-Federal share (i) In general The non-Federal share of the cost of a program under this subsection may be provided in cash or fairly evaluated in-kind contributions, including facilities, equipment, or services. (ii) Source of non-Federal share The non-Federal share— (I) may be provided from any private or non-Federal source; and (II) may include amounts (including interest) distributed to an Indian tribe— (aa) by the Federal Government pursuant to the satisfaction of a claim made under Federal law; (bb) from amounts collected and administered by the Federal Government on behalf of an Indian tribe or the members of an Indian tribe; or (cc) by the Federal Government for general tribal administration or tribal development under a formula or subject to a tribal budgeting priority system, including— (AA) amounts involved in the settlement of land or other judgment claims; (BB) severance or other royalty payments; or (CC) payments under the Indian Self-Determination Act ( 25 U.S.C. 450f et seq. ) or a tribal budget priority system. (C) Duration (i) In general Subject to clause (ii), the Commissioner may make grants made under this subsection on a 1-year, 2-year, or 3-year basis. (ii) Native American language restoration program The Commissioner shall only make a grant available under paragraph (3)(A)(vii)(III) on a 3-year basis. (6) Administration (A) Expert panel (i) In general Not later than 180 days after date of enactment of this subsection, the Commissioner shall appoint a panel of experts for the purpose of assisting the Commissioner to review— (I) applications submitted under paragraph (4); (II) evaluations carried out to comply with paragraph (4)(B)(iv); and (III) the preservation of products required by paragraph (4)(B)(vi). (ii) Composition (I) In general The panel shall include— (aa) a designee of the Institute of American Indian and Alaska Native Culture and Arts Development; (bb) representatives of national, tribal, and regional organizations that focus on Native American language or Native American cultural research, development, or training; and (cc) other individuals who are recognized as experts in the area of Native American language. (II) Recommendations The Commissioner shall solicit recommendations for appointments to the panel from Indian tribes and tribal organizations. (iii) Duties The duties of the panel shall include— (I) making recommendations regarding the development and implementation of regulations, policies, procedures, and rules of general applicability with respect to the administration of this subsection; (II) reviewing applications received under paragraph (4); (III) providing to the Commissioner a list of recommendations for the approval of applications in accordance with— (aa) regulations issued by the Secretary of Health and Human Services; and (bb) the relative need for the project; and (IV) reviewing evaluations submitted to comply with paragraph (4)(B)(iv). (B) Products generated by projects (i) In general Subject to clause (ii), for preservation and use in accordance with the responsibilities of the respective organization under Federal law, a copy of any product of a Native American language project for which a grant is made under this subsection— (I) shall be transmitted— (aa) to the Institute of American Indian and Alaska Native Culture and Arts Development; and (bb) to the Tribal Colleges or Universities where the language addressed in the grant program is inherent; and (II) may be transmitted, at the discretion of the grantee, to national and regional repositories of similar material. (ii) Exemption (I) In general In accordance with the Federal recognition of the sovereign authority of each Indian tribe over all aspects of the culture and language of that Indian tribe and subject to subclause (II), an Indian tribe may make a determination— (aa) not to transmit a copy of a product under clause (i); (bb) not to permit the redistribution of a copy of a product transmitted under clause (i); or (cc) to restrict in any manner the use or redistribution of a copy of a product transmitted under clause (i). (II) Restrictions Subclause (I) does not authorize an Indian tribe— (aa) to limit the access of the Commissioner to a product described in clause (i) for purposes of administering this subsection or evaluating the product; or (bb) to sell a product described in clause (i), or a copy of that product, for profit to the entities referred to in clause (i). (7) Authorization of appropriations There are authorized to be appropriated to carry out this subsection such sums as are necessary for each of fiscal years 2014 through 2019. (f) Conforming amendments (1) In general Section 803C of the Native American Programs Act of 1974 ( 42 U.S.C. 2991b–3 ) is repealed. (2) Authorization of appropriations Section 816 of the Native American Programs Act of 1974 ( 42 U.S.C. 2992d ) is amended— (A) in subsection (a), by striking sections 803(d), 803A, 803C, 804, subsection (e) of this section and inserting sections 803(d), 803A, and 804, subsection (d) ; (B) in subsection (b), by striking other than sections 803(d), 803A, 803C, 804, subsection (e) of this section and inserting sections 803(d), 803A, and 804, subsection (d) ; and (C) by striking subsection (e). 6. Increased access to resources for tribal schools, schools served by the Bureau of Indian Education, and Native American students (a) Reservation for Bureau-Funded Schools and Programs and Schools Operated by a Tribe or Tribal Organization (1) In General The Secretary of Education shall ensure that any program administered by the Department of Education that awards grants, contracts, or other assistance to benefit elementary schools and secondary schools (as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) or prekindergarten or early childhood programs, provides a reservation, as described in this subsection, for 1 or more of the following categories of entities, as determined appropriate by the Secretary of Education for each such grant, contract, or assistance program: (A) Bureau-funded schools (as defined in section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021)). (B) Prekindergarten programs or early childhood programs or services operated by a tribe or Indian organization (as defined in such section). (C) Elementary schools or secondary schools operated by a tribe or Indian organization (as defined in such section). (2) Amount of Reservation (A) Existing Reservation of Funds In the case of a grant, contract, or assistance program provided by the Department of Education to benefit elementary schools and secondary schools (as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) or prekindergarten or early childhood programs for which funds are reserved for entities described in paragraph (1), or for a group that may include such entities— (i) if the existing reservation of funds is for an amount that is less than 0.5 percent, the amount of such reservation shall be increased to 0.5 percent; and (ii) if the existing reservation of funds is for an amount that is equal to or greater than 0.5 percent, the amount of such reservation shall be maintained. (B) No Existing Reservation of Funds In the case of a grant, contract, or assistance program provided by the Department of Education to benefit elementary schools and secondary schools (as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) or prekindergarten or early childhood programs for which no funds are reserved for the entities described in paragraph (1), the Secretary of Education shall reserve 0.5 percent of such funds for such entities, as determined by the Secretary of Education in accordance with paragraph (1). (3) Use of Reserved Funds Funds reserved under this section shall be used in accordance with the uses of funds described for each particular grant, contract, or assistance program. In addition to program support, such reserved funds may be used, in an amount determined by the Secretary of Education, for technical assistance or capacity building to ensure that the schools or programs described in paragraph (1) are provided the assistance to compete for such grants, contracts, or other assistance. (4) Effect on Other Laws The Secretary of Education shall carry out this subsection notwithstanding any other provision of law. (b) Safe and healthy schools for Native American students Subpart 2 of part A of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7131 et seq.) is amended by adding at the end the following: 4131. Safe and healthy schools for Native American students From funds made available to carry out this subpart, the Secretary shall— (1) establish a program to improve school environments and student skill development for healthy choices for Native American students, including— (A) prevention regarding— (i) alcohol and drug misuse; (ii) suicide; (iii) violence; (iv) pregnancy; and (v) obesity; (B) nutritious eating programs; and (C) anger and conflict management programs; (2) establish a program for school dropout prevention for Native American students; and (3) collaborate with the Secretary of Agriculture to establish tribal-school specific school gardens and nutrition programs that are within the tribal cultural context. . 7. Funds for Impact Aid In addition to amounts otherwise appropriated to carry out title VIII of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7701 et seq. ), there are authorized to be appropriated, and there are appropriated, out of any money in the Treasury not otherwise appropriated, to carry out such title VIII the following: (1) $750,000,000 for fiscal year 2014. (2) $750,000,000 for fiscal year 2015. (3) $750,000,000 for fiscal year 2016. 8. Forward Funding for Tribal Colleges For carrying out the following programs, there are authorized to be appropriated $91,087,500 for fiscal year 2014 which shall become available on July 1, 2014, and shall remain available through September 30, 2015: (1) Programs under title V of the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1861 et seq. ). (2) The Institute of American Indian and Alaska Native Culture and Arts Development established under the American Indian, Alaska Native, and Native Hawaiian Culture and Art Development Act ( 20 U.S.C. 4401 et seq. ). (3) Institutional operations grants for the Haskell Indian Nations University and Southwestern Indian Polytechnic Institute under the authority of the Act of November 2, 1921 ( 25 U.S.C. 13 ), popularly known as the Snyder Act. (4) Scholarships and adult education and special higher education scholarships under the authority of the Act of November 2, 1921 ( 25 U.S.C. 13 ), popularly known as the Snyder Act. 9. Definition of Tribal School (a) ESEA Definition Section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ) is amended by adding at the end the following: (44) Tribal School The term tribal school means— (A) a school that is a Bureau-funded school, as defined in section 1141 of the Education Amendments of 1978 ( 25 U.S.C. 2021 ); (B) a prekindergarten program, early childhood program or service, or elementary school or secondary school, operated by an Indian tribe or tribal organization (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)); (C) a school that is located on Indian lands (as defined in section 8013); or (D) a school in which a predominance of the students who attend the school are Native American or Alaska Native students, as determined by the Secretary. . (b) Definition for this Act In this Act, the term tribal school has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ) (as amended by subsection (a)).
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113-hr-2368
I 113th CONGRESS 1st Session H. R. 2368 IN THE HOUSE OF REPRESENTATIVES June 13, 2013 Mr. McNerney introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To provide support to develop career and technical education programs of study and facilities in the areas of renewable energy. 1. Short title This Act may be cited as the Grants for Renewable Energy Education for the Nation Act or the GREEN Act . 2. Clean energy curriculum development grants (a) Authorization The Secretary of Education is authorized to award grants, on a competitive basis, to eligible partnerships to develop programs of study (containing the information described in section 122(c)(1)(A) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2342)), that are focused on emerging careers and jobs in the fields of clean energy, renewable energy, energy efficiency, climate change mitigation, and climate change adaptation. The Secretary of Education shall consult with the Secretary of Labor and the Secretary of Energy prior to the issuance of a solicitation for grant applications. (b) Eligible Partnerships For purposes of this section, an eligible partnership shall include— (1) at least 1 local educational agency eligible for funding under section 131 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2351 ) or an area career and technical education school or education service agency described in such section; (2) at least 1 postsecondary institution eligible for funding under section 132 of such Act ( 20 U.S.C. 2352 ); and (3) representatives of the community including business, labor organizations, and industry that have experience in fields as described in subsection (a). (c) Application An eligible partnership seeking a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. Applications shall include— (1) a description of the eligible partners and partnership, the roles and responsibilities of each partner, and a demonstration of each partner's capacity to support the program; (2) a description of the career area or areas within the fields as described in subsection (a) to be developed, the reason for the choice, and evidence of the labor market need to prepare students in that area; (3) a description of the new or existing program of study and both secondary and postsecondary components; (4) a description of the students to be served by the new program of study; (5) a description of how the program of study funded by the grant will be replicable and disseminated to schools outside of the partnership, including urban and rural areas; (6) a description of applied learning that will be incorporated into the program of study and how it will incorporate or reinforce academic learning; (7) a description of how the program of study will be delivered; (8) a description of how the program will provide accessibility to students, especially economically disadvantaged, low performing, and urban and rural students; (9) a description of how the program will address placement of students in nontraditional fields as described in section 3(20) of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302(20) ); and (10) a description of how the applicant proposes to consult or has consulted with a labor organization, labor management partnership, apprenticeship program, or joint apprenticeship and training program that provides education and training in the field of study for which the applicant proposes to develop a curriculum. (d) Priority The Secretary shall give priority to applications that— (1) use online learning or other innovative means to deliver the program of study to students, educators, and instructors outside of the partnership; and (2) focus on low performing students and special populations as defined in section 3(29) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302(29)). (e) Peer Review The Secretary shall convene a peer review process to review applications for grants under this section and to make recommendations regarding the selection of grantees. Members of the peer review committee shall include— (1) educators who have experience im­ple­ment­ing curricula with comparable purposes; and (2) business and industry experts in fields as described in subsection (a). (f) Uses of Funds Grants awarded under this section shall be used for the development, implementation, and dissemination of programs of study (as described in section 122(c)(1)(A) of the Carl D. Perkins Career and Technical Education Act ( 20 U.S.C. 2342(c)(1)(A) )) in career areas related to clean energy, renewable energy, energy efficiency, climate change mitigation, and climate change adaptation. 3. Renewable energy facilities grants (a) Authorization The Secretary of Education is authorized to award grants, on a competitive basis, to eligible entities to promote development of career and technical education facilities that are energy efficient and promote the use of renewable energy practices. (b) Eligible entities For purposes of this section, eligible entities include— (1) a local education agency eligible for funding under section 131 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2351 ) or an area career and technical education school or education service agency described under that section; or (2) a postsecondary institution eligible for funding under section 132 of such Act ( 20 U.S.C. 2352 ). (c) Application An eligible entity seeking 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. (d) Peer review The Secretary shall convene a peer review process to review applications for grants under this section and to make recommendations regarding the selection of grantees. Members of the peer review committee shall include— (1) career and technical education administrators who have experience with energy-efficient facilities and equipment; and (2) business and industry experts who build and work in renewable energy facilities. (e) Use of funds Grants awarded under this section shall be used for— (1) performing an evaluation of the sustainability aspects of current facilities, unless such an evaluation has been conducted prior to receiving a grant under this section; (2) convening stakeholders, including organizations devoted to the promotion and support of renewable energy activities, to develop a plan to address needs identified in such an evaluation, unless such a plan has already been developed prior to receiving a grant under this section; (3) initiating activities related to the construction, operation, and improvement of facilities that promote the use of renewable energy practices; (4) purchasing energy-efficient machinery, technology, or other physical equipment used as an educational tool to deliver career and technical education courses; (5) measuring the effectiveness of the new or improved facilities and infrastructure, such as complying with existing renewable energy standards; and (6) communicating the lessons and practices learned from the building upgrades to other institutions. 4. Authorization of Appropriations There is authorized to be appropriated to the Secretary of Education $100,000,000 to carry out the grant program established under this Act.
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113-hr-2369
I 113th CONGRESS 1st Session H. R. 2369 IN THE HOUSE OF REPRESENTATIVES June 13, 2013 Mr. Scott of Virginia introduced the following bill; which was referred to the Committee on the Judiciary A BILL To apply reduced sentences for certain cocaine base offenses retroactively for certain offenders, and for other purposes. 1. Short title This Act may be cited as the Fair Sentencing Clarification Act of 2013 . 2. Findings Congress finds as follows: (1) The Fair Sentencing Act of 2010 was signed into law by President Obama on August 3, 2010. (2) Most district courts in the United States are applying the Fair Sentencing Act to pending criminal cases, including United States v. Douglas, 746 F. Supp. 2d. 220 (D. Me. 2010), __ F. 3d. __, 2011 WL 2120163 (1st Cir. May 31, 2011); United States v. Raymond Brown, CR No. 10–135–GLL–1 (W.D. Pa. June 16, 2011); and United States v. Marlon Jermaine Spencer, CR No. 09–400–JW–1 (N.D. Cal. Nov. 30, 2010). (3) There are, however, district courts that are not applying the Fair Sentencing Act to pending cases, including United States v. Derrick Steven Clemons, CR No. 08–028–AJS–1 (W.D. of Pa. Nov. 18, 2010) and United States v. Anthony L. Jackson, CR No. 10–178–JRS–1 (E.D. Va. Nov. 19, 2010). (4) According to the U.S. Sentencing Commission’s analysis, 20,905 offenders would receive a reduction in their sentences if both the statutory changes and guideline changes were made retroactive, and the average sentence reduction would be 46 months, representing a savings of over $2.2 billion at an average incarceration cost of $28,284 per year, the latest yearly cost estimate from the Bureau of Prisons. (5) The purpose of this Act is to clarify that the amendments made by the Fair Sentencing Act are to be applied to pending cases and retroactively to cases that are no longer pending. 3. Clarification of applicability with regard to pending cases With respect to any offense for which the penalties were modified by section 2 or 3 of the Fair Sentencing Act of 2010 ( Public Law 111–220 ) and which was committed before the date of enactment of such Act, and notwithstanding the provisions of section 109 of title 1, United States Code— (1) in cases in which a sentence has not yet been imposed, the court shall impose such sentence as if sections 2 and 3 of the Fair Sentencing Act of 2010 ( Public Law 111–220 ) were in effect on the date the offense was committed; and (2) in cases in which a sentence has already been imposed, if subject to a pending appeal on or after August 3, 2010, the Court of Appeals shall remand the case for resentencing consistent with the amendments made by sections 2 and 3 of the Fair Sentencing Act of 2010 (Public Law 111–220). 4. Court may reduce term of imprisonment In the case of a defendant who has been convicted of a crime committed before August 3, 2010, for which a term of imprisonment has been imposed, on motion of the defendant or the Director of the Bureau of Prisons, or on its own motion, the sentencing court may reduce the term of imprisonment for that crime consistent with the amendments made by sections 2 and 3 of the Fair Sentencing Act of 2010 ( Public Law 111–220 ) if such crime is— (1) punishable by a term of imprisonment under— (A) section 404(a) of the Controlled Substances Act for possession of a substance which contains cocaine base (21 U.S.C. 844(a)) (as in effect on the date of the commission of the crime); (B) section 401(b)(1)(A)(iii) of such Act (21 U.S.C. 841(b)(1)(A)(iii)) (as in effect on the date of the commission of the crime); or (C) section 401(b)(1)(B)(iii) of such Act (21 U.S.C. 841(b)(1)(B)(iii)) (as in effect on the date of the commission of the crime); or (2) punishable by a term of imprisonment under paragraph (1)(C) or (2)(C) of section 1010(b) of the Controlled Substances Import and Export Act ( 21 U.S.C. 960(b) ) (as in effect on the date of the commission of the crime).
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113-hr-2370
I 113th CONGRESS 1st Session H. R. 2370 IN THE HOUSE OF REPRESENTATIVES June 13, 2013 Mr. Scott of Virginia introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Omnibus Crime Control and Safe Streets Act of 1968 to reauthorize the juvenile accountability block grants program through fiscal year 2016. 1. Short title This Act may be cited as the Juvenile Accountability Block Grants Program Reauthorization Act of 2013 . 2. Reauthorization of Juvenile Accountability Block Grants program through fiscal year 2016 Part R of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796ee et seq. ) is amended— (1) in section 1801A(a), by striking section 1810(b) and inserting section 1810(c) ; (2) in section 1810(a), by inserting and each of the fiscal years 2014 through 2016 after 2009 ; and (3) in section 1810(b), by inserting and each of the fiscal years 2014 through 2016 after 2004 .
https://www.govinfo.gov/content/pkg/BILLS-113hr2370ih/xml/BILLS-113hr2370ih.xml
113-hr-2371
I 113th CONGRESS 1st Session H. R. 2371 IN THE HOUSE OF REPRESENTATIVES June 13, 2013 Mr. Scott of Virginia introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, with respect to the good time credit toward service of sentences of imprisonment. 1. Short title This Act may be cited as the Prisoner Incentive Act of 2013 . 2. Good time credit (a) In general Section 3624(b)(1) of title 18, United States Code, is amended by striking , beyond the time served, of up to 54 days at the end of each year of the prisoner’s term of imprisonment, beginning at the end of the first year of the term, and inserting of up to 54 days for each year of the prisoner’s sentence imposed by the court, . (b) Restoration of credit Section 3624(b)(1) is amended by striking the sentence beginning Credit that has not been earned and inserting The Bureau may subsequently restore any or all credit previously denied, based on the prisoner’s maintaining good behavior as determined by the Bureau. . (c) Applicability The amendments made by this section apply with respect to each prison sentence that has not been completed before the date of the enactment of this Act, except any sentence imposed before November 1, 1987.
https://www.govinfo.gov/content/pkg/BILLS-113hr2371ih/xml/BILLS-113hr2371ih.xml
113-hr-2372
I 113th CONGRESS 1st Session H. R. 2372 IN THE HOUSE OF REPRESENTATIVES June 13, 2013 Mr. Scott of Virginia 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 amend the Controlled Substances Act and the Controlled Substances Import and Export Act regarding penalties for cocaine offenses, and for other purposes. 1. Short title This Act may be cited as the Fairness in Cocaine Sentencing Act of 2013 . 2. Elimination of increased penalties for cocaine offenses where the cocaine involved is cocaine base (a) Controlled Substances Act The following provisions of the Controlled Substances Act ( 21 U.S.C. 801 et seq. ) are repealed: (1) Clause (iii) of section 401(b)(1)(A). (2) Clause (iii) of section 401(b)(1)(B). (3) The sentence beginning Notwithstanding the preceding sentence in section 404(a). (b) Controlled Substances Import and Export Act The following provisions of the Controlled Substances Import and Export Act ( 21 U.S.C. 951 et seq. ) are repealed: (1) Subparagraph (C) of section 1010(b)(1). (2) Subparagraph (C) of section 1010(b)(2).
https://www.govinfo.gov/content/pkg/BILLS-113hr2372ih/xml/BILLS-113hr2372ih.xml
113-hr-2373
I 113th CONGRESS 1st Session H. R. 2373 IN THE HOUSE OF REPRESENTATIVES June 14, 2013 Mr. Broun of Georgia (for himself, Mr. Westmoreland , Mr. Chabot , Mr. Lamborn , Mr. Gohmert , Mr. Franks of Arizona , and Mr. Long ) 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 individual and corporate income tax relief and to extend 100 percent bonus depreciation, and for other purposes. 1. Short title This Act may be cited as the Jumpstarting Our Business Sector Act of 2013 . 2. Corporate income tax rates reduced to zero (a) Regular tax Subsection (b) of section 11 of the Internal Revenue Code of 1986 is amended to read as follows: (b) Amount of tax The amount of the tax imposed by subsection (a) shall be 0 percent of taxable income. . (b) Alternative minimum tax Section 55(b)(1)(B)(i) of such Code is amended by striking 20 percent and inserting 0 percent . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. 3. Exclusion for net capital gain (a) In general Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by inserting before section 101 the following new section: 100. Exclusion for net capital gain Gross income shall not include net capital gain. . (b) Conforming amendments (1) Section 1 of such Code is amended by striking subsection (h). (2) Subchapter P of chapter 1 of such Code is amended by striking part I. (3) The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting before the first item the following new item: Sec. 100. Exclusion for net capital gain. . (4) The table of parts for subchapter P of chapter 1 of such Code is amended by striking the item relating to part I. (c) Effective date The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. 4. 3-year extension of bonus depreciation and 100 percent expensing for certain business assets (a) In general (1) Bonus depreciation Paragraph (2) of section 168(k) of the Internal Revenue Code of 1986 is amended— (A) by striking January 1, 2015 in subparagraph (A)(iv) and inserting January 1, 2018 , and (B) by striking January 1, 2014 each place it appears and inserting January 1, 2017 . (2) 100 percent expensing Paragraph (5) of section 168(k) is amended to read as follows: (5) Temporary 100 percent bonus depreciation Paragraph (1)(A) shall be applied by substituting 100 percent for 50 percent in the case of qualified property— (A) which is acquired by the taxpayer (under rules similar to the rules of clauses (ii) and (iii) of paragraph (2)(A))— (i) after September 8, 2010, and before January 1, 2012, or (ii) after December 31, 2012, and before January 1, 2018, and (B) which is placed in service by the taxpayer— (i) before January 1, 2012 (January 1, 2013, in the case of property described in subparagraph (2)(B) or (2)(C)), or (ii) in the case of property described in subparagraph (A)(ii), before January 1, 2017 (January 1, 2018, in the case of property described in subparagraph (2)(B) or (2)(C)). . (b) Special rules relating to election To accelerate AMT credit in lieu of bonus depreciation (1) In general Subclause (II) of section 168(k)(4)(D)(iii) of such Code is amended by striking 2014 and inserting 2017 . (2) Round 4 extension property Paragraph (4) of section 168(k) of such Code is amended by adding at the end the following new subparagraph: (K) Special rules for round 4 extension property (i) In general In the case of round 4 extension property, this paragraph shall be applied without regard to— (I) the limitation described in subparagraph (B)(i) thereof, and (II) the business credit increase amount under subparagraph (E)(iii) thereof. (ii) Taxpayers previously electing acceleration In the case of a taxpayer who made the election under subparagraph (A) for its first taxable year ending after March 31, 2008, a taxpayer who made the election under subparagraph (H)(ii) for its first taxable year ending after December 31, 2008, a taxpayer who made the election under subparagraph (I)(iii) for its first taxable year ending after December 31, 2010, or a taxpayer who made the election under subparagraph (J)(iii) for its first taxable year ending after December 31, 2012— (I) the taxpayer may elect not to have this paragraph apply to round 4 extension property, but (II) if the taxpayer does not make the election under subclause (I), in applying this paragraph to the taxpayer the bonus depreciation amount, maximum amount, and maximum increase amount shall be computed and applied to eligible qualified property which is round 4 extension property. The amounts described in subclause (II) shall be computed separately from any amounts computed with respect to eligible qualified property which is not round 4 extension property. (iii) Taxpayers not previously electing acceleration In the case of a taxpayer who neither made the election under subparagraph (A) for its first taxable year ending after March 31, 2008, nor made the election under subparagraph (H)(ii) for its first taxable year ending after December 31, 2008, nor made the election under subparagraph (I)(iii) for any taxable year ending after December 31, 2010, nor made the election under subparagraph (J)(iii) for its first taxable year ending after December 31, 2012— (I) the taxpayer may elect to have this paragraph apply to its first 3 taxable years ending after December 31, 2013, and each subsequent taxable year, and (II) if the taxpayer makes the election under subclause (I), this paragraph shall only apply to eligible qualified property which is round 4 extension property. (iv) Round 4 extension property For purposes of this subparagraph, the term round 4 extension property means property which is eligible qualified property solely by reason of the extension of the application of the special allowance under paragraph (1) pursuant to the amendments made by section 4(a)(1) of the Jumpstarting Our Business Sector Act of 2013 (and the application of such extension to this paragraph pursuant to the amendment made by section 4(b)(1) of such Act). . (3) Conforming amendments (A) The heading for subsection (k) of section 168 of such Code is amended by striking January 1, 2014 and inserting January 1, 2017 . (B) The heading for clause (ii) of section 168(k)(2)(B) of such Code is amended by striking pre-January 1, 2014 and inserting pre-January 1, 2017 . (C) Subparagraph (C) of section 168(n)(2) of such Code is amended by striking January 1, 2014 and inserting January 1, 2017 . (D) Subparagraph (D) of section 1400L(b)(2) of such Code is amended by striking January 1, 2014 and inserting January 1, 2017 . (E) Subparagraph (B) of section 1400N(d)(3) of such Code is amended by striking January 1, 2014 and inserting January 1, 2017 . (c) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2013, in taxable years ending after such date. 5. Repeal of estate and gift taxes (a) In general Subtitle B of the Internal Revenue Code of 1986 (relating to estate, gift, and generation-skipping taxes ) is hereby repealed. (b) Effective date The repeal made by subsection (a) shall apply to estates of decedents dying, gifts made, and generation-skipping transfers made after the date of the enactment of this Act.
https://www.govinfo.gov/content/pkg/BILLS-113hr2373ih/xml/BILLS-113hr2373ih.xml
113-hr-2374
I 113th CONGRESS 1st Session H. R. 2374 IN THE HOUSE OF REPRESENTATIVES June 14, 2013 Mrs. Wagner introduced the following bill; which was referred to the Committee on Financial Services , and in addition to the Committee on Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Securities Exchange Act of 1934 to provide protections for retail customers, and for other purposes. 1. Short title This Act may be cited as the Retail Investor Protection Act . 2. Stay on rules defining certain fiduciaries After the date of enactment of this Act, the Secretary of Labor shall not prescribe any regulation under the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1001 et seq. ) defining the circumstances under which an individual is considered a fiduciary until the date that is 60 days after the Securities and Exchange Commission issues a final rule relating to standards of conduct for brokers and dealers pursuant to the second subsection (k) of section 15 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78o(k) ). 3. Amendments to the Securities Exchange Act of 1934 The second subsection (k) of section 15 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78o(k) ), as added by section 913(g)(1) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301 et seq.), is amended by adding at the end the following: (3) Requirements prior to rulemaking The Commission shall not promulgate a rule pursuant to paragraph (1) before— (A) identifying if retail customers (and such other customers as the Commission may by rule provide) are being systematically harmed or disadvantaged due to brokers or dealers operating under different standards of conduct than those standards that apply to investment advisors under section 211 of the Investment Advisers Act of 1940 (15 U.S.C. 80b–11); (B) identifying whether the adoption of a uniform fiduciary standard of care for brokers or dealers and investment advisors would adversely impact retail investor access to personalized investment advice, recommendations about securities, or the availability of such advice and recommendations; (C) conducting an assessment by the chief economist of the Commission that assesses the qualitative and quantitative costs and benefits of the rule; and (D) the Commission, based on the assessment described in subparagraph (B)— (i) determines that the benefits of the rule justify its costs; (ii) identifies and assesses available alternatives to the rule that were considered, including modification of an existing regulation, simplification of disclosures regarding standards of care that apply to brokers or dealers and those that apply to investment advisors, together with an explanation of why the rule meets the regulatory objectives more effectively than the alternatives; and (iii) ensures that the rule is accessible, consistent, written in plain language, and easy to understand, and that the rule shall measure and seek to improve the actual results of regulatory requirements. (4) Requirements for promulgating a rule The Commission shall publish in the Federal Register alongside the rule promulgated pursuant to paragraph (1) formal findings that such rule would reduce the confusion of a retail customer (and such other customers as the Commission may by rule provide) about standards of conduct applicable to brokers, dealers, and investment advisors. (5) Requirements under Investment Advisers Act of 1940 In proposing rules under paragraph (1) for brokers or dealers, the Commission shall consider the differences in the registration, supervision, and examination requirements applicable to brokers, dealers, and investment advisors. .
https://www.govinfo.gov/content/pkg/BILLS-113hr2374ih/xml/BILLS-113hr2374ih.xml
113-hr-2375
I 113th CONGRESS 1st Session H. R. 2375 IN THE HOUSE OF REPRESENTATIVES June 14, 2013 Mr. Thompson of Pennsylvania (for himself and Mr. Braley of Iowa ) 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 delay for at least 6 months the implementation of round 1 recompete and round 2 of the Medicare durable medical equipment (DME) competitive bidding program and of the national mail order program for diabetic testing supplies to permit Congress an opportunity to reform the competitive bidding program, to provide for an evaluation of that program by an auction expert team, and for other purposes. 1. Short title This Act may be cited as the Transparency and Accountability in Medicare Bidding Act of 2013 . 2. Delay in implementing the Medicare DME competitive bidding program and the national mail order program for diabetic testing supplies (a) In general Notwithstanding any other provision of law, the Secretary of Health and Human Services shall delay from July 1, 2013, to a date that is no earlier than December 31, 2013, the dates of implementation of— (1) round 2 of the DMEPOS competitive bidding program under section 1847 of the Social Security Act ( 42 U.S.C. 1395w–3 ); and (2) the single payment amounts under the national mail order competition for diabetic supplies under such section. (b) Round 1 recompete delay Notwithstanding any other provision of law, the Secretary of Health and Human Services shall delay the start of round 1 recompete of such DMEPOS competitive bidding program from January 1, 2014, to a date that is no earlier than 6 months after the date of initial implementation of round 2 of such program. 3. Evaluation of DMEPOS competitive bidding program by auction expert team (a) In general The Secretary of Health and Human Services (in this section referred to as the Secretary ), not later than 3 months after the date of the enactment of this Act and acting through the Office of the Assistant Secretary for Planning and Evaluation, shall contract 3 auction experts, a health economist, and an econometrician to work as a team (in this section collectively referred to as the auction expert team ), led by the auction experts, to independently review and assess all aspects of round 1 re-bid and round 2 of the DMEPOS competitive bidding program under section 1847 of the Social Security Act ( 42 U.S.C. 1395w–3 ), including the design, development, implementation, adequacy of support for Medicare beneficiaries with chronic illness or disabilities, market fairness, sustainability, and functioning of such program. (b) Selection of auction expert team (1) In general The selection of the experts on the auction expert team under subsection (a) shall be undertaken through a competitive process. (2) Disqualifications An individual shall not be selected for the auction expert team if such individual— (A) is a current or former employee of the Centers for Medicare & Medicaid Services; (B) is a current or former contractor for the Centers for Medicare & Medicaid Services that participated in the design or implementation of the DMEPOS competitive bidding program; (C) does not have significant experience in implementing auctions of similar complexity in government programs; and (D) does not have appropriate educational credentials. (c) Access to information The Secretary shall make available to the auction expert team all applicable information (including confidential information) on the DMEPOS competitive bidding program in its entirety (including information on its design and the bidding under round 1, round 1 re-bid, and round 2). (d) Report to Secretary and Congress (1) In general Not later than 4 months after the date the Secretary enters into the contract with the experts under subsection (a), the auction expert team shall submit a report to the Secretary and to the Congress on its assessment and review under subsection (a). (2) Items to be included in report Such report shall include the following and shall identify all potential problems with the DMEPOS competitive bidding program: (A) A review and assessment of the appropriateness of HCPCS codes selected for auctions. (B) An evaluation and assessment of the ability of individuals eligible for the DMEPOS items subject to the program to obtain these items and services, including an assessment of utilization patterns. (C) An analysis of any current or future adverse effects on beneficiaries’ health outcomes related to the program and related costs to the Medicare trust fund, including an analysis of those beneficiaries in each competitively bid area who did not continue to receive such items and the effect on their Medicare claims under parts A, B, and D. (D) An identification and report on the cause of any material deterioration in the quality of items and services provided to an individual eligible for DMEPOS benefits under the program. (E) An evaluation of the costs of any preventable or prolonged hospitalizations due to lack of timely access to items and related services subject to the program. (F) An identification, for each product category and competitive bid area in the round 1 re-bid, of the following: (i) The original winning bidders which signed contracts and the number of allowed unique Medicare beneficiaries each contracting supplier fulfilled annually for the calendar years 2010, 2011 and 2012 in the competitive bidding areas. (ii) How many contracting suppliers failed to submit beneficiary product claims for more than 60 consecutive days. (iii) An identification of DMEPOS suppliers added after January 1, 2011, and the number of allowed unique Medicare beneficiaries each such added supplier served annually for the calendar years 2010, 2011 and 2012 in the competitive bidding areas. (G) An identification, for each product category and each competitive bidding area in the round 1 re-bid and in round 2, of the following: (i) The number of winning suppliers. (ii) The number of such winning suppliers which have not previously supplied the DMEPOS products bid for in the competitive bidding area. (iii) The total actual unique Medicare beneficiaries served by such winning suppliers, for 2010 with the round 1 re-bid and 2012 for round 2. (iv) The total capacity, measured by unique Medicare beneficiaries to be served by such winning suppliers, as estimated by Secretary to meet the needs of seniors during the contracting period. (v) Such total capacity as bid by the winning bidders. (vi) The total capacity attributed by the Secretary to the winning bidders. (3) Recommendations Such report shall also include such recommendations for changes in such program as the auction expert team determines appropriate, including recommendations that respond to all the potential problems identified under paragraph (2).
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113-hr-2376
I 113th CONGRESS 1st Session H. R. 2376 IN THE HOUSE OF REPRESENTATIVES June 14, 2013 Mr. Fitzpatrick 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 implement a demonstration project under titles XVIII and XIX of the Social Security Act to examine the costs and benefits of providing payments for comprehensive coordinated health care services provided by purpose-built, continuing care retirement communities to Medicare beneficiaries. 1. Short title This Act may be cited as the Medicare Residential Care Coordination Act of 2013 . 2. Medicare and Medicaid residential care coordination demonstration project (a) Establishment and implementation (1) In general The Secretary of Health and Human Services (in this section referred to as the Secretary ) shall establish and implement a demonstration project (in this section referred to as the demonstration project ) under titles XVIII and XIX of the Social Security Act to evaluate the use of capitated payments made to eligible continuing care retirement communities for residential care coordination programs. (2) Timetable for implementation In carrying out this section— (A) not later than 1 year after the date of the enactment of this Act the Secretary shall complete the design for the demonstration project and enter into one or more agreements with eligible CCRCs for the implementation of the project with respect to such CCRCs; and (B) not later than 4 years after the date of entering into such agreements, first provide for implementation of the project through such CCRCs. (b) Budget neutrality With respect to the period of the demonstration project under this section, the aggregate expenditures under titles XVIII and XIX of the Social Security Act for such period shall not exceed the aggregate expenditures that would have been expended under such titles if the demonstration project had not been implemented. (c) State election required (1) In general The Secretary may only implement the demonstration project in a State that elects to participate in the demonstration project. (2) Benefits and payments A State that elects to participate in the demonstration project shall provide medical assistance through title XIX of the Social Security Act for each eligible CCRC resident who is eligible for medical assistance under the State plan under such title (including such residents who are made eligible under subsection (d)(3)(B)(iii)) and who is enrolled in a residential care coordination program in a manner that is consistent with the requirements of this section, including making the payments under subsection (e). (3) Limitation A State may establish a numerical limit on— (A) the number of eligible CCRC residents who may be enrolled in residential care coordination programs in the State; and (B) the number of eligible CCRCs that may operate residential care coordination programs in the State. (d) Residential care coordination program (RCCP); eligible continue care retirement community (CCRC); eligible CCRC residents; comprehensive coordinated health care services defined (1) Residential care coordination program; RCCP For purposes of this section, the terms residential care coordination program and RCCP mean a program that— (A) is operated within one or more eligible continuing care retirement communities (as defined in paragraph (2)); (B) is designed with a capacity of serving at least 1,000, but not more than 1,500, eligible CCRC residents (as defined in paragraph (3)) at any one time; and (C) provides comprehensive coordinated health care services (as defined in paragraph (4)) to participating CCRC residents enrolled in the program in accordance with the program agreement under subsection (f) and the requirements of this section. (2) Eligible continuing care retirement community; eligible CCRC In this section, the terms eligible continuing care retirement community and eligible CCRC mean an entity that is a continuing care retirement community (as defined in section 1852(l)(4)(B) of the Social Security Act ( 42 U.S.C. 1395w–22(l)(4)(B) )) that— (A) is built for the purposes of participating in the demonstration project; (B) provides onsite— (i) housing accommodations for eligible CCRC residents, including apartments for independent living; and (ii) additional services to facilitate aging in place for such residents, including assisted living and skilled nursing facilities or alternatives; and (C) has entered into a program agreement with the Secretary and the State with respect to its operation of the residential care coordination program and such agreement is consistent with the requirements of this section. (3) Eligible CCRC resident; participating CCRC resident (A) In general For purposes of this section: (i) Eligible CCRC resident The term eligible CCRC resident means an individual who— (I) is entitled to, or enrolled for, benefits under part A of title XVIII of the Social Security Act, and enrolled for benefits under part B of such title; and (II) resides in an eligible CCRC. (ii) Participating CCRC resident The term participating CCRC resident means, with respect to a resident care coordination program, an eligible CCRC resident who is enrolled in that program. (B) Participation by dual-eligible individuals; expanded eligibility (i) In general An eligible CCRC resident may be, but is not required to be, a dual-eligible individual. (ii) Dual-eligible individual defined In this section, the term dual-eligible individual means any individual who is— (I) a full-benefit dual eligible individual (as defined in section 1935(c)(6) of the Social Security Act); or (II) is described in clause (iii). (iii) Qualification of participating CCRC residents for Medicaid benefits An individual who is a participating CCRC resident, regardless of the level of care, who meets income and resource eligibility criteria established under the State Medicaid plan for an individual to obtain coverage for nursing facility services on the basis of the individual’s requirement for the level of care for such services, shall be treated as a dual-eligible individual under this section and under title XIX of the Social Security Act so long as the individual remains a participating CCRC resident. (C) Enrollment and disenrollment rules (i) Deemed enrollment at time of initial residency An individual who is described in subclause (I) of subparagraph (A)(i) is deemed, at the time of becoming a resident in an eligible CCRC, to have voluntarily consented to enroll in the RCCP operated by that CCRC for purposes of subparagraph (A)(ii). (ii) Disenrollment process The demonstration project shall provide a method for the disenrollment from the project of participating CCRC residents, which method shall take into account the unique circumstances of residents who are required to leave the CCRC and shall permit disenrollment at least in the same circumstances as would permit an individual to disenroll from a Medicare Advantage plan under part C of title XVIII of the Social Security Act for cause. (D) Relation to Medicare Advantage and prescription drug program (i) Supercedes enrollment A participating CCRC resident is not eligible to enroll in an MA plan under part C of title XVIII of the Social Security Act or under a prescription drug plan under part D of such title. (ii) Coordination in case of disenrollment In the case of a participating CCRC resident who disenrolls from the demonstration project, the disenrollment shall be treated, for purposes of parts C and D of such title, as if the individual had been previously enrolled in, and disenrolled from, an MA–PD plan under part C of such title. (E) Premium payments During the period in which an individual is a participating CCRC resident— (i) for purposes of payment of premiums under parts B, C, and D of title XVIII of the Social Security Act, the individual shall be treated as if the individual were enrolled under an MA–PD plan with a premium equal to an amount specified in the program agreement; and (ii) the individual shall be eligible for assistance with respect to such premiums under part D and Medicare cost-sharing in the same manner and in the equivalent amounts as if the individual had not been enrolled as a participating CCRC resident. (4) Comprehensive coordinated health care services defined For purposes of this section, the term comprehensive coordinated health care services , with respect to an eligible CCRC resident— (A) means all items and services that are otherwise payable under title XVIII of the Social Security Act, including the minimum prescription drug coverage required under a prescription drug plan under part D of such title; (B) includes in the case of a dual eligible individual all items and services that are otherwise payable under the State plan under title XIX of such Act of the State in which the resident resides; and (C) also includes— (i) care management services that coordinate acute and specialty services (including inpatient hospital services, services provided by specialty physicians, and other necessary services) provided to eligible CCRC residents; (ii) wellness services, including assistance and instruction in healthy living (including diet and exercise); and (iii) other health care items and services to manage chronic conditions, treat subacute conditions, and provide preventive care. (e) Payment under Medicare and Medicaid (1) In general In the case of an individual who is a participating CCRC resident who is enrolled in a residential care coordination program operated by an eligible CCRC— (A) the individual shall receive benefits under title XVIII of the Social Security Act, and, if such individual is a dual-eligible individual (as defined in subsection (d)(3)(B)(ii)), under the State Medicaid plan or waiver under title XIX of such Act, solely through the residential care coordination program, which shall provide such individual with comprehensive coordinated health care services; and (B) the eligible CCRC shall receive capitated payments for the provision of such services (from the Secretary for benefits under title XVIII and from the State for benefits under such State plan or waiver), in accordance with this section. (2) Payment methodology (A) Payment under Medicare (i) Payment on monthly basis With respect to each eligible CCRC, the Secretary shall make prospective monthly payments of a capitated amount, based on the rate established under clause (ii) , for each participating CCRC resident enrolled in the residential care coordination program operated by such CCRC in the same manner and from the same sources as payments are made to a Medicare Advantage organization under section 1853 of the Social Security Act. Such payments shall be subject to adjustment in the manner described in paragraphs (2) and (3) of section 1853(a). (ii) Establishment of payment rate (I) In general The Secretary shall establish a risk-adjusted capitated payment rate under title XVIII of the Social Security Act for comprehensive coordinated health care services provided to eligible CCRC residents through a residential care coordination program operated by an eligible CCRC. The payment rate shall be 90 percent of the adjusted average per capita cost described in section 1853(c)(1)(D)(i) of such Act ( 42 U.S.C. 1395w–23(c)(1)(D)(i) ), plus an amount equivalent to 90 percent of the amount that would have been paid to a prescription drug plan the standardized bid amount of which (as defined in 1860D–13(a)(5) of such Act) was equal to the adjusted national average monthly bid amount (as defined in section 1860D–13(a)(1)(B)(iii) of such Act) and taking into account low-income subsidies paid under section 1860D–14. (II) Program agreement The mechanism for establishing the capitated amount under this subparagraph for a specific eligible CCRC shall be specified in the program agreement. (B) Payment under Medicaid (i) Payment on a monthly basis With respect to an eligible CCRC operating an RCCP, the State shall make prospective monthly payments of the capitated amount determined under and specified in the program agreement for each eligible CCRC resident of such community who is a dual-eligible individual. (ii) Relationship to Medicare payments The payment made under this subparagraph shall be in addition to any payment made under subparagraph (A) to an eligible CCRC for eligible CCRC residents who are dual-eligible individuals. (iii) Program agreement The capitated amount under this subparagraph for a specific eligible CCRC shall be specified in the program agreement. (iv) Payments to the State The Secretary shall treat the payments made under clause (i) as medical assistance under title XIX of the Social Security Act for purposes of making payments to the State under section 1903 of such Act ( 42 U.S.C. 1396b ). (v) Payments to reflect spend down amounts and personal needs allowances The payments under this subparagraph shall be made in a manner that takes into account the financial contributions required of dual-eligible individuals and the personal needs allowance established under the State plan. Such personal needs allowances may vary depending upon the level of care required by such an individual. (3) Treatment of services furnished by noncontract physicians and other entities (A) Application of Medicare Advantage requirements Section 1852(k)(1) of the Social Security Act ( 42 U.S.C. 1395w–22(k)(1) ) (relating to limitations on balance billing against Medicare Advantage organizations for noncontract physicians and other entities with respect to services covered under title XVIII of such Act) shall apply to eligible CCRCs, eligible CCRC residents enrolled in a residential care coordination program, and physicians and other entities that do not have a contract or other agreement establishing payment amounts for services furnished to such a resident in the same manner as such section applies to Medicare Advantage organizations, individuals enrolled with such organizations, and physicians and other entities referred to in such section. (B) Application of balanced billing limitations Section 1866(a)(1)(O) shall apply to services that are covered under title XVIII of the Social Security Act and are furnished to any eligible CCRC residents enrolled in a residential care coordination program in the same manner that such section applies to services furnished to an individual enrolled with a PACE provider under section 1894 or 1934 of such Act. (f) Program agreement (1) Requirement The Secretary, in close cooperation with the single State agency that administers or supervises the administration of the State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) (in this section referred to as the State Medicaid agency ), shall establish procedures for entering into, extending, and terminating program agreements (each in this section referred to as a program agreement ) for the operation of residential care coordination programs by eligible CCRCs. (2) Agreement required for payment In order to receive payment under subsection (e) , each eligible CCRC operating a residential care coordination program shall enter into a program agreement with the Secretary and the State, which shall contain such terms and conditions as the parties may agree to, so long as such terms and conditions are consistent with this section. (3) Duration (A) In general A program agreement under this section shall be effective for a contract year, beginning consistent with subsection (a)(2)(B) not later than the fourth calendar year to begin after the establishment of the demonstration project, and shall be extended for additional contract years in the absence of notice by a party to terminate. (B) Termination (i) End of demonstration project The Secretary and the State Medicaid agency shall terminate the program agreement at the termination of the demonstration project under subsection (i). (ii) Notice of provider termination The eligible CCRC may terminate the agreement after appropriate notice to the Secretary, the State Medicaid agency, and eligible CCRC residents. (iii) Termination for cause The Secretary and the State Medicaid agency may terminate the program agreement at any time for cause (as provided under the agreement). Reasons for terminating an agreement under this clause include that the Secretary or State administering agency determines that— (I) there are significant deficiencies in the quality of care provided to eligible CCRC residents enrolled in the program or the eligible CCRC has failed to comply substantially with the requirements of this section; and (II) the entity has failed to develop and successfully initiate, within 30 days of the date of the receipt of written notice of such a determination, a plan to correct the deficiencies, or has failed to continue implementation of such a plan. (iv) Right to remain Nothing in this paragraph shall be construed, in the case that a program agreement is terminated— (I) for a previously participating CCRC resident continuing, as affecting the individual’s right to continue to reside in the CCRC and to receive traditional CCRC care and services in accordance with the contract between the CCRC resident and the CCRC; and (II) as relieving the State from continuing to provide medical assistance with respect to such services for individuals who would qualify as dual-eligible individuals if the agreement had not been terminated. (4) Scope of benefits (A) In general Under the agreement under paragraph (2) , the eligible CCRC shall— (i) provide to participating CCRC residents of such community, regardless of source of payment, directly or under contracts with other entities, at a minimum, all comprehensive coordinated health care services, without regard to any limitation or condition as to amount, duration, or scope under title XVIII or title XIX of the Social Security Act; (ii) provide such residents with access to necessary covered items and services 24 hours a day, every day of the year; (iii) provide services to such residents onsite at the eligible CCRC through a multidisciplinary team that is led by a primary care physician and includes care coordinators, case managers, and nurses; (iv) has a ratio of accessible physicians to eligible CCRC residents that the Secretary determines is adequate; and (v) specify the covered items and services that will not be provided directly by the eligible CCRC and— (I) provide for delivery of those items and services through contracts to ensure compliance with the requirements of this section; and (II) provides, on an as needed basis for those residents who cannot transport themselves, for necessary transportation services to the providers of such items and services, if such items and services are provided outside of the eligible CCRC. (B) Application of regular cost-sharing rules Under such agreement the eligible CCRC may apply deductibles, copayments, coinsurance, or other cost sharing that would otherwise apply under titles XVIII and XIX of the Social Security Act in the case of a MA–PD plan under part C of title XVIII of such Act. (5) Quality control (A) In general Under the program agreement, the eligible CCRC shall— (i) collect data; (ii) maintain, and afford the Secretary and the State Medicaid agency access to, the records relating to the program, including pertinent financial, medical, and personnel records; and (iii) submit to the Secretary and the State Medicaid agency such reports as the Secretary finds (in consultation with State Medicaid agencies) necessary to monitor the operation, cost, and effectiveness of the demonstration project, including data relevant to the measurements established by the Secretary under subparagraph (B), to permit the Secretary and the State to evaluate such demonstration project. (B) Quality and outcome measures The Secretary shall establish clinical and other outcome measurements to assess the efficacy of the demonstration project in— (i) improving— (I) the health status and outcomes of participating CCRC residents enrolled in residential care coordination programs under this demonstration project, compared to Medicare beneficiaries (including traditional dual-eligible individuals described in subsection (d)(3)(B)(ii)(I)) who are not enrolled in such programs; and (II) the quality of health care provided to such participating CCRC residents; and (ii) controlling the overall cost of providing health care items and services to such participating CCRC residents, compared to the cost of providing such items and services to other Medicare beneficiaries. (6) Patient safeguards The agreement under paragraph (2) shall provide for written safeguards of the rights of participating CCRC residents enrolled in a residential care coordination program (including a patient bill of rights and procedures for grievances and appeals). Such safeguards shall be similar to the safeguards required under the section 1894(b)(2)(B) of the Social Security Act ( 42 U.S.C. 1395eee(b)(2)(B) ) with respect to the PACE program. (7) Transition If a participating CCRC resident who is enrolled in a residential care coordination program is disenrolled from such program, the eligible CCRC shall provide assistance to the individual in obtaining necessary care through appropriate referrals and making the individual’s medical records available to new providers. (8) Rule of construction Nothing is this subsection shall be construed as preventing the eligible CCRC from assessing typical and appropriate fees to eligible CCRC residents. (g) Secretary's oversight; enforcement authority (1) Oversight (A) In general During the duration of the demonstration project, with respect to an eligible CCRC operating a residential care coordination program under a program agreement under subsection (f), the Secretary (acting in cooperation with the State Medicaid agency) shall conduct a comprehensive annual review of the operation of the eligible CCRC in order to ensure compliance with the requirements of this section. Such review shall include— (i) an onsite visit to the eligible CCRC; (ii) a comprehensive assessment of the community’s fiscal soundness; (iii) a comprehensive assessment of the eligible CCRC’s capacity to provide all comprehensive coordinated health care services to participating CCRC residents; (iv) detailed analysis of the community’s substantial compliance with the requirements of this section; and (v) any other elements that the Secretary or the State Medicaid agency considers necessary or appropriate. (B) Disclosure The results of reviews under this paragraph shall be reported promptly to the eligible CCRC, along with any recommendations for changes to the community’s program, and shall be made available to the public through a public Web site of the Department of Health and Human Services. (2) Sanctions (A) In general If the Secretary determines (after consultation with the State Medicaid agency) that an eligible CCRC operating a residential care coordination program under a program agreement under subsection (f) is failing substantially to comply with the requirements of this section, the Secretary (and the State Medicaid agency) may take any or all of the following actions: (i) Condition the continuation of the program agreement upon timely execution of a corrective action plan. (ii) Withhold some or all further payments under the program agreement under this section with respect to services furnished by such community until the deficiencies have been corrected. (iii) Terminate such agreement under subsection (f)(3)(B). (B) Application of intermediate sanctions The Secretary may, by regulation, provide for the application against an eligible CCRC operating a residential care coordination program under a program agreement under this section of remedies described in section 1857(g)(2) of the Social Security Act ( 42 U.S.C. 1395w–27(g)(2) ) or section 1903(m)(5)(B) of such Act ( 42 U.S.C. 1396b(m)(5)(B) ) in the case of violations by the community of the type described in section 1857(g)(1) or 1903(m)(5)(A) of such Act, respectively (in relation to agreements, enrollees, and requirements under this section). (C) Procedures for termination or imposition of sanctions The provisions of section 1857(h) of the Social Security Act ( 42 U.S.C. 1395w–27(h) ) shall apply, by regulation, to termination and sanctions respecting a program agreement and an eligible CCRC operating a residential care coordination program under a program agreement under this subsection in the same manner as they apply to a termination and sanctions with respect to a contract and a Medicare Advantage organization under part C of title XVIII of such Act. (h) Waiver Notwithstanding section 1115(a) of the Social Security Act ( 42 U.S.C. 1315(a) ), the Secretary may waive such provisions of titles XI, XVIII, and XIX of that Act as may be necessary to— (1) accomplish the goals of the demonstration project under this section; and (2) maximize the quality of life of eligible CCRC beneficiaries, as determined using the measures established under subsection (f)(5)(B). (i) Duration of 10 years (1) In general Subject to paragraph (2) and subsection (f)(3)(B), the demonstration project shall terminate 10 years after the date on which the demonstration project is first implemented under subsection (a)(2)(B). (2) Extension The Secretary, acting through the Center for Medicare and Medicaid Innovation, may extend the use of capitated payments for eligible CCRCs for residential care coordination programs under this section if, by the termination date that would otherwise apply under paragraph (1) , the Secretary has demonstrated that the demonstration project has improved the coordination, quality, and efficiency of health care services furnished to Medicare beneficiaries. (j) Study and report to congress (1) Interim evaluation and report Not later than 3 years after the date on which the demonstration project is first implemented under subsection (a)(2)(B), the Secretary shall submit to Congress a report that contains the following: (A) An interim evaluation of the costs and benefits of providing comprehensive coordinated health care services to Medicare beneficiaries (including dual-eligible individuals) through residential care coordination programs, including the costs and benefits of using payments under title XIX of the Social Security Act to provide continuity of care by permitting certain individuals to continue to participate in such programs after qualifying for enrollment in the Medicaid program under this section due to reduced income and assets. (B) An analysis of the appropriateness of implementing a new payment methodology under titles XVIII and XIX of the Social Security Act for such services in the future. (2) Final evaluation and report Not later than 10 years after the date on which the demonstration project is first so implemented, the Secretary shall submit to Congress a report that contains a final evaluation of the impact of the demonstration project.
https://www.govinfo.gov/content/pkg/BILLS-113hr2376ih/xml/BILLS-113hr2376ih.xml
113-hr-2377
I 113th CONGRESS 1st Session H. R. 2377 IN THE HOUSE OF REPRESENTATIVES June 14, 2013 Mr. Denham (for himself, Mr. Michaud , Mr. Miller of Florida , Mr. McKeon , Mr. Nunes , Mr. Duncan of South Carolina , Mr. Amodei , Mr. Diaz-Balart , Mr. Walz , Mr. Southerland , Mr. Farr , Mr. Thompson of California , Mr. Vargas , Ms. Gabbard , and Mr. Valadao ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to authorize the enlistment in the Armed Forces of certain aliens who are unlawfully present in the United States and were younger than 15 years of age when they initially entered the United States, but who are otherwise qualified for enlistment, and to provide a mechanism by which such aliens, by reason of their honorable service in the Armed Forces, may be lawfully admitted to the United States for permanent residence. 1. Short title This Act may be cited as the Encourage New Legalized Immigrants to Start Training Act or ENLIST Act . 2. Authority to enlist in the Armed Forces certain aliens who are unlawfully present in the United States and legal status of such enlistees by reason of honorable service in the Armed Forces (a) Certain aliens authorized for enlistment Subsection (b)(1) of section 504 of title 10, United States Code, is amended by adding at the end the following new subparagraph: (D) An alien who was unlawfully present in the United States on December 31, 2011, who has been continuously present in the United States since that date, who was younger than 15 years of age on the date the alien initially entered the United States, and who, disregarding such unlawful status, is otherwise eligible for original enlistment in a regular component of the Army, Navy, Air Force, Marine Corps, or Coast Guard under section 505(a) of this title and regulations issued to implement such section. . (b) Conditional Admission to Permanent Residence of Alien Enlistees Such section is further amended by adding at the end the following new subsection: (c) Conditional admission to permanent residence of alien enlistees (1) The Secretary of Homeland Security shall adjust the status of an alien described in subsection (b)(1)(D) who enlists in a regular component of the Army, Navy, Air Force, Marine Corps, or Coast Guard to the status of an alien lawfully admitted for permanent residence under the provisions of section 249 of the Immigration and Nationality Act (8 U.S.C. 1259), except that the alien does not have to— (A) establish that he or she entered the United States prior to January 1, 1972; or (B) comply with section 212(e) of such Act ( 8 U.S.C. 1182(e) ). (2) The lawful permanent resident status of an alien described in subsection (b)(1)(D) who enlisted in a regular component of the armed forces and whose status was adjusted under paragraph (1) is automatically rescinded, by operation of law, if the alien is separated from the armed forces under other than honorable conditions before the alien serves the term of enlistment of such alien. Such grounds for rescission are in addition to any other grounds for rescission provided by law. Proof of separation from the armed forces under other than honorable conditions shall be established by a duly authenticated certification from the armed force in which the alien last served. (3) Nothing in this subsection shall be construed to alter— (A) the process prescribed by sections 328, 329, and 329A of the Immigration and Nationality Act ( 8 U.S.C. 1439 , 1440, 1440–1) by which a person may naturalize through service in the armed forces; or (B) the qualifications for original enlistment in the armed forces described in section 505(a) of this title and regulations issued to implement such section. .
https://www.govinfo.gov/content/pkg/BILLS-113hr2377ih/xml/BILLS-113hr2377ih.xml
113-hr-2378
I 113th CONGRESS 1st Session H. R. 2378 IN THE HOUSE OF REPRESENTATIVES June 14, 2013 Mr. Mullin (for himself, Mr. Bucshon , and Mr. O’Rourke ) 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 Impact Aid Fairness and Equity Act of 2013 . 2. Amendments to the Impact Aid Improvement Act of 2012 Section 563(c) of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ; 126 Stat. 1748) is amended— (1) in paragraphs (1), by inserting paragraphs (2) and (3) of before subsection (b) ; and (2) in paragraph (4), by inserting paragraphs (2) and (3) of before subsection (b) . 3. Amendments to section 8002 (payments relating to Federal acquisition of real property) of the ESEA Section 8002(a) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7702 ) is amended— (1) in paragraph (1), by amending subparagraph (C) to read as follows: (C) had an assessed value (according to original records (including reproductions of those records) documenting the assessed value of such property (determined as of the time or times when so acquired) prepared by the local official referred to in subsection (b)(3) or, when such original records are not available due to unintentional destruction (such as natural disaster, fire, flooding, pest infestation, or deterioration due to age), other records, including Federal agency records, local historical records, or other records that the Secretary determines to be appropriate and reliable) aggregating 10 percent or more of the assessed value of— (i) all real property in the local educational agency (similarly determined as of the time or times when such Federal property was so acquired); or (ii) all real property in the local educational agency as assessed in the first year preceding or succeeding acquisition, whichever is greater, only if— (I) the assessment of all real property in the local educational agency is not made at the same time or times that such Federal property was so acquired and assessed; and (II) State law requires an assessment be made of property so acquired; and ; and (2) by amending paragraph (2) to read as follows: (2) that such agency is not being substantially compensated for the loss in revenue resulting from such ownership by increases in revenue accruing to the agency from the conduct of Federal activities with respect to such Federal property, then such agency shall be eligible to receive the amount described in subsection (b). . 4. Amendments to section 8003 (payments for eligible federally connected children) of the ESEA Section 8003 of the Elementary and Secondary Education Act of 1965 ( 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 children enrolled in a distance learning program not residing within the defined boundaries of the agency), ; (2) 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 2008 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— (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. ; and (iii) by amending clause (ii) to read as follows: (ii) Loss of Eligibility (I) In general Subject to subclause (II), a heavily impacted local education 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). ; and (iv) by adding at the end, the following: (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 subparagraphs (D) or (E) (or a combination thereof) of subsection (a)(1), and has an enrollment of children described in subparagraphs (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 subparagraphs (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 for fiscal year 2006, 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 subparagraph (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 subparagraph (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) ; (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 (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) in subsection (b)(3), by amending subparagraph (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 is newly established by a State (first year of operation only). ; (7) in subsection (e) by striking paragraphs (1) and (2) and inserting the following: (1) In general Subject to paragraph (2), the total amount the Secretary shall pay a local educational agency— (A) for fiscal year 2014 shall not be less than 90 percent of the total amount that the local education agency received under subsection (b)(1), (b)(2), or (b)(2)(B)(ii) for fiscal year 2011; (B) for fiscal year 2015 shall not be less than 80 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 2011; (C) for fiscal year 2016 shall not be less than 70 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 2011, of which such amount shall be considered a foundation payment for each succeeding fiscal year until such time as the agency’s maximum payment as determined under paragraphs (1) or (2) of subsection (b) as the case may be, exceeds the amount provided for under this subparagraph. (2) 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 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). 5. Amendments to section 8007 (construction) of the ESEA Section 8007 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7707 ) is amended to read as follows: 8007. Construction (a) School facility emergency and modernization grants authorized (1) In general From 100 percent of the amount appropriated for each fiscal year under section 8014(e), the Secretary— (A) shall award emergency grants in accordance with this subsection to eligible local educational agencies to enable the agencies to carry out emergency repairs of school facilities; and (B) shall award modernization grants in accordance with this subsection to eligible local educational agencies to enable the agencies to carry out the modernization of school facilities. (2) Priority In approving applications from local educational agencies for emergency grants and modernization grants under this subsection, the Secretary shall give priority to applications in accordance with the following: (A) The Secretary shall first give priority to applications for emergency grants from local educational agencies that meet the requirements of paragraph (3)(A) and, among such applications for emergency grants, shall give priority to those applications from local educational agencies based on the severity of the emergency, as determined by the Secretary. (B) The Secretary shall next give priority to applications for modernization grants from local educational agencies that meet the requirements of paragraph (3)(B) and, among such applications for modernization grants, shall give priority to those applications from local educational agencies based on the severity of the need for modernization, as determined by the Secretary. (3) Eligibility requirements (A) Emergency grants A local educational agency is eligible to receive an emergency grant under paragraph (2)(A) if— (i) the agency (or in the case of a local educational agency that does not have the authority to tax or issue bonds, the agency’s fiscal agent)— (I) has no practical capacity to issue bonds; or (II) has minimal capacity to issue bonds and is at not less than 75 percent of the agency’s limit of bonded indebtedness; or (ii) the agency is eligible to receive assistance under subsection (a) for the fiscal year and has a school facility emergency, as determined by the Secretary, that poses a health or safety hazard to the students and school personnel assigned to the school facility. (B) Modernization grants A local educational agency is eligible to receive a modernization grant under paragraph (2)(B) if— (i) the agency receives a basic support payment under section 8003(b) for the fiscal year; or (ii) the agency receives a Federal properties payment under section 8002 for the fiscal year. (C) Rule of construction For purposes of subparagraph (A)(i), a local educational agency— (i) has no practical capacity to issue bonds if the total assessed value of real property that may be taxed for school purposes is less than $25,000,000; and (ii) has minimal capacity to issue bonds if the total assessed value of real property that may be taxed for school purposes is at least $25,000,000 but not more than $50,000,000. (4) Award criteria In awarding emergency grants and modernization grants under this subsection, the Secretary shall consider the following factors: (A) The ability of the local educational agency to respond to the emergency, or to pay for the modernization project, as the case may be, as measured by— (i) the agency’s level of bonded indebtedness; (ii) the assessed value of real property per student that may be taxed for school purposes compared to the average of the assessed value of real property per student that may be taxed for school purposes in the State in which the agency is located; (iii) the agency’s total tax rate for school purposes (or for capital expenditures, if applicable) compared to the average total tax rate for school purposes (or the average capital expenditure tax rate, if applicable) in the State in which the agency is located; and (iv) funds that are available to the agency, from any other source, including subsection (a), that may be used for capital expenditures. (B) The percentage of property in the agency that is nontaxable due to the presence of the Federal Government. (C) The number and percentages of children described in subparagraphs (A), (B), (C), and (D) of section 8003(a)(1) served in the school facility with the emergency or served in the school facility proposed for modernization, as the case may be. (D) In the case of an emergency grant, the severity of the emergency, as measured by the threat that the condition of the school facility poses to the health, safety, and well-being of students. (E) In the case of a modernization grant— (i) the severity of the need for modernization, as measured by such factors as— (I) overcrowding, as evidenced by the use of portable classrooms, or the potential for future overcrowding because of increased enrollment; or (II) the agency’s inability to utilize technology or offer a curriculum in accordance with contemporary State standards due to the physical limitations of the current school facility; and (ii) the age of the school facility proposed for modernization. (5) Other award provisions (A) General provisions (i) Limitations on amount of funds (I) In general The amount of funds provided under an emergency grant or a modernization grant awarded under this subsection to a local educational agency that meets the requirements of subclause (II) of paragraph (3)(A)(i) for purposes of eligibility under subparagraph (A) or (B) of paragraph (3)— (aa) shall not exceed 50 percent of the total cost of the project to be assisted under this subsection; and (bb) shall not exceed $4,000,000 during any 4-year period. (II) In-kind contributions A local educational agency may use in-kind contributions to meet the matching requirement of subclause (I)(aa). (ii) Prohibitions on use of funds A local educational agency may not use funds provided under an emergency grant or modernization grant awarded under this subsection for— (I) a project for a school facility for which the agency does not have full title or other interest; (II) stadiums or other school facilities that are primarily used for athletic contests, exhibitions, or other events for which admission is charged to the general public; or (III) the acquisition of real property. (iii) Supplement, not supplant A local educational agency shall use funds provided under an emergency grant or modernization grant awarded under this subsection only to supplement the amount of funds that would, in the absence of the Federal funds provided under the grant, be made available from non-Federal sources to carry out emergency repairs of school facilities or to carry out the modernization of school facilities, as the case may be, and not to supplant such funds. (iv) Maintenance costs Nothing in this subsection shall be construed to authorize the payment of maintenance costs in connection with any school facility modernized in whole or in part with Federal funds provided under this subsection. (v) Environmental safeguards All projects carried out with Federal funds provided under this subsection shall comply with all relevant Federal, State, and local environmental laws and regulations. (vi) Carry-over of certain applications A local educational agency that applies for an emergency grant or a modernization grant under this subsection for a fiscal year and does not receive the grant for the fiscal year shall have the application for the grant considered for the following fiscal year, subject to the priority requirements of paragraph (2) and the award criteria requirements of paragraph (4). (B) Emergency grants; prohibition on use of funds A local educational agency that is awarded an emergency grant under this subsection may not use amounts under the grant for the complete or partial replacement of an existing school facility unless such replacement is less expensive or more cost-effective than correcting the identified emergency. (6) Application A local educational agency that desires to receive an emergency grant or a modernization grant under this subsection shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Each application shall contain the following: (A) A description of how the local educational agency meets the award criteria under paragraph (4), including the information described in clauses (i) through (iv) of paragraph (4)(A) and subparagraphs (B) and (C) of paragraph (4). (B) In the case of an application for an emergency grant— (i) a description of the school facility deficiency that poses a health or safety hazard to the occupants of the facility and a description of how the deficiency will be repaired; and (ii) a signed statement from an appropriate local official certifying that a deficiency in the school facility threatens the health or safety of the occupants of the facility or that prevents the use of all or a portion of the building. (C) In the case of an application for a modernization grant— (i) an explanation of the need for the school facility modernization project; (ii) the date on which original construction of the facility to be modernized was completed; (iii) a listing of the school facilities to be modernized, including the number and percentage of children determined under section 8003(a)(1) in average daily attendance in each school facility; and (iv) a description of the ownership of the property on which the current school facility is located or on which the planned school facility will be located. (D) A description of the project for which a grant under this subsection will be used, including a cost estimate for the project. (E) A description of the interest in, or authority over, the school facility involved, such as an ownership interest or a lease arrangement. (F) Such other information and assurances as the Secretary may reasonably require. (7) Report (A) In general Not later than January 1 of each year, the Secretary shall prepare and submit to the appropriate congressional committees a report that contains a justification for each grant awarded under this subsection for the prior fiscal year. (B) Definition In this paragraph, the term appropriate congressional committees means— (i) the Committee on Appropriations and the Committee on Education and the Workforce of the House of Representatives; and (ii) the Committee on Appropriations and the Committee on Health, Education, Labor, and Pensions of the Senate. .
https://www.govinfo.gov/content/pkg/BILLS-113hr2378ih/xml/BILLS-113hr2378ih.xml
113-hr-2379
I 113th CONGRESS 1st Session H. R. 2379 IN THE HOUSE OF REPRESENTATIVES June 14, 2013 Mr. Bachus (for himself, Mr. Peters of Michigan , and Mr. Gary G. Miller of California ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the S.A.F.E. Mortgage Licensing Act of 2008 to permit a transitional period of 90 days for completion of requirements for qualified registered mortgage loan originators. 1. Short title This Act may be cited as the Qualified Mortgage Loan Originator Transitional Authority Act of 2013 . 2. Transitional authority for qualified bank mortgage loan originators to be employed by non-bank mortgage lenders Section 1504 of the S.A.F.E. Mortgage Licensing Act of 2008 ( 12 U.S.C. 5103 ) is amended— (1) in subsection (a), by inserting after as the case may be, the following: and except as provided in subsection (c), ; and (2) by adding at the end the following: (c) Transitional authority Notwithstanding the requirements of section 1505, an individual who complies with the submission requirements of section 1505(a) and who, within the preceding 60 days, was a registered loan originator that met the standard of being qualified described under section 129B(b)(1)(A) of the Truth in Lending Act ( 15 U.S.C. 1639b(b)(1)(A) ), may act as a loan originator during the 90-day period following such submission, under the supervision of a State-licensed firm that engages in loan origination. Upon the end of such 90-day period, the authority to act as a loan originator conveyed by this subsection shall terminate. .
https://www.govinfo.gov/content/pkg/BILLS-113hr2379ih/xml/BILLS-113hr2379ih.xml
113-hr-2380
I 113th CONGRESS 1st Session H. R. 2380 IN THE HOUSE OF REPRESENTATIVES June 14, 2013 Mr. Chabot introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Agricultural Trade Act of 1978 to repeal the market access program. 1. Short title This Act may be cited as the Eliminate the Misuse and Abuse of Public Funds Act of 2013 or the Eliminate the MAP Act . 2. Repeal of market access program (a) Repeal of program Section 203 of the Agricultural Trade Act of 1978 ( 7 U.S.C. 5623 ) is repealed. (b) Repeal of funding Section 211 of the Agricultural Trade Act of 1978 ( 7 U.S.C. 5641 ) is amended by striking subsection (c).
https://www.govinfo.gov/content/pkg/BILLS-113hr2380ih/xml/BILLS-113hr2380ih.xml
113-hr-2381
I 113th CONGRESS 1st Session H. R. 2381 IN THE HOUSE OF REPRESENTATIVES June 14, 2013 Mr. Conyers introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To provide for youth jobs, and for other purposes. 1. Short title This Act may be cited as the Youth Jobs Act . 2. Establishment of Youth Jobs Fund (a) Establishment There is established in the Treasury of the United States an account that shall be known as the Youth Jobs Fund (referred to in this Act as the Fund ). (b) Deposits into the fund Out of any amounts in the Treasury not otherwise appropriated, there is appropriated $3,000,000,000 for fiscal year 2014, which shall be paid to the Fund, to be used by the Secretary of Labor to carry out this Act. (c) Availability of funds Of the amounts available to the Fund under subsection (b), the Secretary of Labor shall— (1) allot $1,500,000,000 in accordance with section 3 to provide summer and year-round employment opportunities to low-income youth; and (2) award $1,500,000,000 in allotments and competitive grants in accordance with section 4 to local entities to carry out work-based training and other work-related and educational strategies and activities of demonstrated effectiveness to unemployed, low-income young adults and low-income youth to provide the skills and assistance needed to obtain employment. (d) Period of availability The amounts appropriated under this Act shall be available for obligation by the Secretary of Labor until December 31, 2014, and shall be available for expenditure by grantees (including subgrantees) until September 30, 2015. 3. Summer employment and year-round employment opportunities for low-income youth (a) In general From the funds available under section 2(c)(1), the Secretary of Labor shall make an allotment under subsection (c) to each State that has a modification to a State plan approved under section 112 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2822 ) (referred to in this section as a State plan modification ) (or other State request for funds specified in guidance under subsection (b)) approved under subsection (d) and recipient under section 166(c) of the Workforce Investment Act of 1998 (29 U.S.C. 2911(c)) (referred to in this section as a Native American grantee ) that meets the requirements of this section, for the purpose of providing summer employment and year-round employment opportunities to low-income youth. (b) Guidance and application of requirements (1) Guidance Not later than 20 days after the date of enactment of this Act, the Secretary of Labor shall issue guidance regarding the implementation of this section. (2) Procedures Such guidance shall, consistent with this section, include procedures for— (A) the submission and approval of State plan modifications, for such other forms of requests for funds by the State as may be identified in such guidance, for modifications to local plans approved under section 118 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2833 ) (referred to individually in this section as a local plan modification ), or for such other forms of requests for funds by local workforce investment areas as may be identified in such guidance, that promote the expeditious and effective implementation of the activities authorized under this section; and (B) the allotment and allocation of funds, including reallotment and reallocation of such funds, that promote such implementation. (3) Requirements Except as otherwise provided in the guidance described in paragraph (1) and in this section and other provisions of this Act, the funds provided for activities under this section shall be administered in accordance with the provisions of subtitles B and E of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq., 2911 et seq.) relating to youth activities. (c) State allotments (1) In general Using the funds described in subsection (a), the Secretary of Labor shall allot to each State the total of the amounts assigned to the State under subparagraphs (A) and (B) of paragraph (2). (2) Assignments to States (A) Minimum amounts Using funds described in subsection (a), the Secretary of Labor shall assign to each State an amount equal to ½ of 1 percent of such funds. (B) Formula amounts The Secretary of Labor shall assign the remainder of the funds described in subsection (a) among the States by assigning— (i) one-half on the basis of the relative number of young unemployed individuals in areas of substantial youth unemployment in each State, compared to the total number of young unemployed individuals in areas of substantial youth unemployment in all States; and (ii) one-half on the basis of the relative number of disadvantaged young adults and youth in each State, compared to the total number of disadvantaged young adults and youth in all States. (3) Reallotment If the Governor of a State does not submit a State plan modification or other State request for funds specified in guidance under subsection (b) by the date specified in subsection (d)(2)(A), or a State does not receive approval of such State plan modification or request, the amount the State would have been eligible to receive pursuant to paragraph (2) shall be transferred within the Fund and added to the amounts available for competitive grants under sections 2(c)(2) and 4(b)(2). (4) Definitions For purposes of paragraph (2): (A) Area of substantial youth unemployment The term area of substantial youth unemployment means any contiguous area that has a population of at least 10,000, and that has an average rate of unemployment of at least 10 percent, among individuals who are not younger than 16 but are younger than 25, for the most recent 12 months, as determined by the Secretary of Labor. (B) Disadvantaged young adult or youth The term disadvantaged young adult or youth means an individual who is not younger than 16 but is younger than 25 who received an income, or is a member of a family that received a total family income, that, in relation to family size, does not exceed the higher of— (i) the poverty line; or (ii) 70 percent of the lower living standard income level. (C) Young unemployed individual The term young unemployed individual means an individual who is not younger than 16 but is younger than 25. (d) State plan modification (1) In general For a State to be eligible to receive an allotment of funds under subsection (c), the Governor of the State shall submit to the Secretary of Labor a State plan modification, or other State request for funds specified in guidance under subsection (b), in such form and containing such information as the Secretary may require. At a minimum, such State plan modification or request shall include— (A) a description of the strategies and activities to be carried out to provide summer employment opportunities and year-round employment opportunities, including linkages to training and educational activities, consistent with subsection (f); (B) a description of the requirements the State will apply relating to the eligibility of low-income youth, consistent with section 2(4), for summer employment opportunities and year-round employment opportunities, which requirements may include criteria to target assistance to particular categories of such low-income youth, such as youth with disabilities, consistent with subsection (f); (C) a description of the performance outcomes to be achieved by the State through the activities carried out under this section and the processes the State will use to track performance, consistent with guidance provided by the Secretary of Labor regarding such outcomes and processes and with section 5(b); (D) a description of the timelines for implementation of the strategies and activities described in subparagraph (A), and the number of low-income youth expected to be placed in summer employment opportunities, and year-round employment opportunities, respectively, by quarter; (E) assurances that the State will report such information, relating to fiscal, performance, and other matters, as the Secretary may require and as the Secretary determines is necessary to effectively monitor the activities carried out under this section; (F) assurances that the State will ensure compliance with the requirements, restrictions, labor standards, and other provisions described in section 5(a); and (G) if a local board and chief elected official in the State will provide employment opportunities with the link to training and educational activities described in subsection (f)(2)(B), a description of how the training and educational activities will lead to the industry-recognized credential involved. (2) Submission and approval of State plan modification or request (A) Submission The Governor shall submit the State plan modification or other State request for funds specified in guidance under subsection (b) to the Secretary of Labor not later than 30 days after the issuance of such guidance. (B) Approval The Secretary of Labor shall approve the State plan modification or request submitted under subparagraph (A) within 30 days after submission, unless the Secretary determines that the plan or request is inconsistent with the requirements of this section. If the Secretary has not made a determination within that 30-day period, the plan or request shall be considered to be approved. If the plan or request is disapproved, the Secretary may provide a reasonable period of time in which the plan or request may be amended and resubmitted for approval. If the plan or request is approved, the Secretary shall allot funds to the State under subsection (c) within 30 days after such approval. (3) Modifications to State plan or request The Governor may submit further modifications to a State plan modification or other State request for funds specified under subsection (b), consistent with the requirements of this section. (e) Within-State allocation and administration (1) In general Of the funds allotted to the State under subsection (c), the Governor— (A) may reserve not more than 5 percent of the funds for administration and technical assistance; and (B) shall allocate the remainder of the funds among local workforce investment areas within the State in accordance with clauses (i) and (ii) of subsection (c)(2)(B), except that for purposes of such allocation references to a State in subsection (c)(2)(B) shall be deemed to be references to a local workforce investment area and references to all States shall be deemed to be references to all local workforce investment areas in the State involved. (2) Local plan (A) Submission In order to receive an allocation under paragraph (1)(B), the local workforce investment board, in partnership with the chief elected official for the local workforce investment area involved, shall submit to the Governor a local plan modification, or such other request for funds by local workforce investment areas as may be specified in guidance under subsection (b), not later than 30 days after the submission by the State of the State plan modification or other State request for funds specified in guidance under subsection (b), describing the strategies and activities to be carried out under this section. (B) Approval The Governor shall approve the local plan modification or other local request for funds submitted under subparagraph (A) within 30 days after submission, unless the Governor determines that the plan or request is inconsistent with requirements of this section. If the Governor has not made a determination within that 30-day period, the plan shall be considered to be approved. If the plan or request is disapproved, the Governor may provide a reasonable period of time in which the plan or request may be amended and resubmitted for approval. If the plan or request is approved, the Governor shall allocate funds to the local workforce investment area within 30 days after such approval. (3) Reallocation If a local workforce investment board and chief elected official do not submit a local plan modification (or other local request for funds specified in guidance under subsection (b)) by the date specified in paragraph (2), or the Governor disapproves a local plan, the amount the local workforce investment area would have been eligible to receive pursuant to the formula under paragraph (1)(B) shall be allocated to local workforce investment areas that receive approval of their local plan modifications or local requests for funds under paragraph (2). Each such local workforce investment area shall receive a share of the total amount available for reallocation under this paragraph, in accordance with the area's share of the total amount allocated under paragraph (1)(B) to such local workforce investment areas. (f) Use of funds (1) In general The funds made available under this section shall be used— (A) to provide summer employment opportunities for low-income youth, with direct linkages to academic and occupational learning, and may be used to provide supportive services, such as transportation or child care, that is necessary to enable the participation of such youth in the opportunities; and (B) to provide year-round employment opportunities, which may be combined with other activities authorized under section 129 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2854 ), to low-income youth. (2) Program priorities In administering the funds under this section, the local board and chief elected official shall give priority to— (A) identifying employment opportunities that are— (i) in emerging or in-demand occupations in the local workforce investment area; or (ii) in the public or nonprofit sector and meet community needs; and (B) linking participants in year-round employment opportunities to training and educational activities that will provide such participants an industry-recognized certificate or credential (referred to in this Act as an industry-recognized credential ). (3) Administration Not more than 5 percent of the funds allocated to a local workforce investment area under this section may be used for the costs of administration of this section. (4) Performance accountability For activities funded under this section, in lieu of meeting the requirements described in section 136 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2871 ), States and local workforce investment areas shall provide such reports as the Secretary of Labor may require regarding the performance outcomes described in section 5(b)(5). 4. Work-based employment strategies and activities of demonstrated effectiveness (a) In general From the funds available under section 2(c)(2), the Secretary of Labor shall make allotments to States, and award grants to eligible entities, under subsection (b) to carry out work-based strategies and activities of demonstrated effectiveness. (b) Allotments and grants (1) Allotments to States for grants (A) Allotments Using funds described in subsection (a), the Secretary of Labor shall allot to each State an amount equal to ½ of 1 percent of such funds. (B) Grants to eligible entities The State shall use the funds to award grants, on a competitive basis, to eligible entities in the State. (2) Direct grants to eligible entities Using the funds described in subsection (a) that are not allotted under paragraph (1), the Secretary of Labor shall award grants on a competitive basis to eligible entities. (c) Eligible entity To be eligible to receive a grant under ths section, an entity— (1) shall include— (A) a partnership involving a chief elected official and the local workforce investment board for the local workforce investment area involved (which may include a partnership with such elected officials and workforce investment boards and State elected officials and State boards (as defined in section 101 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 )) in the region and in the State); or (B) an entity eligible to apply for a grant, contract, or agreement under section 166 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2911 ); and (2) may include, in combination with a partnership or entity described in paragraph (1)— (A) employers or employer associations; (B) adult education providers or postsecondary educational institutions, including community colleges; (C) community-based organizations; (D) joint labor-management committees; (E) work-related intermediaries; or (F) other appropriate organizations. (d) Application To be eligible to receive a grant under this section, an entity shall submit to the Secretary of Labor (or to the State, if applying for a grant under subsection (b)(1)(B)) an application at such time, in such manner, and containing such information as the Secretary may require. At a minimum, the application shall— (1) describe the strategies and activities of demonstrated effectiveness that the eligible entity will carry out to provide unemployed, low-income young adults and low-income youth with skills that will lead to employment upon completion of participation in such activities; (2) describe the requirements that will apply relating to the eligibility of unemployed, low-income young adults and low-income youth, consistent with section 2, for activities carried out under this section, which requirements may include criteria to target assistance to particular categories of such adults and youth, such as individuals with disabilities or individuals who have exhausted all rights to unemployment compensation; (3) describe how the strategies and activities will address the needs of the target populations identified in paragraph (2) and the needs of employers in the local workforce investment area; (4) describe the expected outcomes to be achieved by implementing the strategies and activities; (5) provide evidence that the funds provided through the grant will be expended expeditiously and efficiently to implement the strategies and activities; (6) describe how the strategies and activities will be coordinated with other Federal, State and local programs providing employment, education and supportive activities; (7) provide evidence of employer commitment to participate in the activities funded under this section, including identification of anticipated occupational and skill needs; (8) provide assurances that the eligible entity will report such information relating to fiscal, performance, and other matters, as the Secretary of Labor may require and as the Secretary determines is necessary to effectively monitor the activities carried out under this section; (9) provide assurances that the eligible entity will ensure compliance with the requirements, restrictions, labor standards, and other provisions described in section 5(a); and (10) if the entity will provide activities described in subsection (f)(4), a description of how the activities will lead to the industry-recognized credentials involved. (e) Priority in awards In awarding grants under this section, the Secretary of Labor (or a State, under subsection (b)(1)(B)) shall give priority to applications submitted by eligible entities from areas of high poverty and high unemployment, as defined by the Secretary, such as Public Use Microdata Areas designated by the Bureau of the Census. (f) Use of funds An entity that receives a grant under this section shall use the funds made available through the grant to support work-based strategies and activities of demonstrated effectiveness that are designed to provide unemployed, low-income young adults and low-income youth with skills that will lead to employment as part of or upon completion of participation in such activities. Such strategies and activities may include— (1) on-the-job training, registered apprenticeship programs, or other programs that combine work with skills development; (2) sector-based training programs that have been designed to meet the specific requirements of an employer or group of employers in that sector and for which employers are committed to hiring individuals upon successful completion of the training; (3) training that supports an industry sector or an employer-based or labor-management committee industry partnership and that includes a significant work-experience component; (4) activities that lead to the acquisition of industry-recognized credentials in a field identified by the State or local workforce investment area as a growth sector or in-demand industry in which there are likely to be significant job opportunities in the short-term; (5) activities that provide connections to immediate work opportunities, including subsidized employment opportunities, or summer employment opportunities for youth, that include concurrent skills training and other supports; (6) activities offered through career academies that provide students with the academic preparation and training, such as paid internships and concurrent enrollment in community colleges or other postsecondary institutions, needed to pursue a career pathway that leads to postsecondary credentials and in-demand jobs; and (7) adult basic education and integrated basic education and training for low-skilled individuals who are not younger than 16 but are younger than 25, hosted at community colleges or at other sites, to prepare individuals for jobs that are in demand in a local workforce investment area. (g) Coordination of Federal administration The Secretary of Labor shall administer this section in coordination with the Secretary of Education, the Secretary of Health and Human Services, and other appropriate agency heads, to ensure the effective implementation of this section. 5. General requirements (a) Labor standards and protections Activities provided with funds made available under this Act shall be subject to the requirements and restrictions, including the labor standards, described in section 181 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2931 ) and the nondiscrimination provisions of section 188 of such Act ( 29 U.S.C. 2938 ), in addition to other applicable Federal laws. (b) Reporting The Secretary of Labor may require the reporting of information relating to fiscal, performance and other matters that the Secretary determines is necessary to effectively monitor the activities carried out with funds provided under this Act. At a minimum, recipients of grants (including recipients of subgrants) under this Act shall provide information relating to— (1) the number of individuals participating in activities with funds provided under this Act and the number of such individuals who have completed such participation; (2) the expenditures of funds provided under this Act; (3) the number of jobs created pursuant to the activities carried out under this Act; (4) the demographic characteristics of individuals participating in activities under this Act; and (5) the performance outcomes for individuals participating in activities under this Act, including— (A) for low-income youth participating in summer employment activities under sections 3 and 4, performance on indicators consisting of— (i) work readiness skill attainment using an employer validated checklist; (ii) placement in or return to secondary or postsecondary education or training, or entry into unsubsidized employment; (B) for low-income youth participating in year-round employment activities under section 3 or in activities under section 4, performance on indicators consisting of— (i) placement in or return to postsecondary education; (ii) attainment of a secondary school diploma or its recognized equivalent; (iii) attainment of an industry-recognized credential; and (iv) entry into, retention in, and earnings in, unsubsidized employment; and (C) for unemployed, low-income young adults participating in activities under section 4, performance on indicators consisting of— (i) entry into, retention in, and earnings in, unsubsidized employment; and (ii) attainment of an industry-recognized credential. (c) Activities required To be additional Funds provided under this Act shall only be used for activities that are in addition to activities that would otherwise be available in the State or local workforce investment area in the absence of such funds. (d) Additional requirements The Secretary of Labor may establish such additional requirements as the Secretary determines may be necessary to ensure fiscal integrity, effective monitoring, and the appropriate and prompt implementation of the activities under this Act. (e) Report of information and evaluations to Congress and the public The Secretary of Labor shall provide to the appropriate committees of Congress and make available to the public the information reported pursuant to subsection (b). 6. Definitions In this Act: (1) Chief elected official The term chief elected official means the chief elected executive officer of a unit of local government in a local workforce investment area or in the case in which such an area includes more than one unit of general government, the individuals designated under an agreement described in section 117(c)(1)(B) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2832(c)(1)(B) ). (2) Local workforce investment area The term local workforce investment area means such area designated under section 116 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2831 ). (3) Local workforce investment board The term local workforce investment board means such board established under section 117 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2832 ). (4) Low-income youth The term low-income youth means an individual who— (A) is not younger than 16 but is younger than 25; (B) meets the definition of a low-income individual provided in section 101(25) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801(25) ), except that— (i) States and local workforce investment areas, subject to approval in the applicable State plans and local plans, may increase the income level specified in subparagraph (B)(i) of such section to an amount not in excess of 200 percent of the poverty line for purposes of determining eligibility for participation in activities under section 3; and (ii) eligible entities described in section 4(c), subject to approval in the applicable applications for funds, may make such an increase for purposes of determining eligibility for participation in activities under section 4; and (C) is in one or more of the categories specified in section 101(13)(C) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801(13)(C) ). (5) Poverty line The term poverty line means a poverty line as defined in section 673 of the Community Services Block Grant Act (42 U.S.C. 9902), applicable to a family of the size involved. (6) Registered apprenticeship program The term registered apprenticeship program means an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq. ). (7) State The term State means each of the several States of the United States, and the District of Columbia. (8) Unemployed, low-income young adult The term unemployed, low-income young adult means an individual who— (A) is not younger than 18 but is younger than 35; (B) is without employment and is seeking assistance under this Act to obtain employment; and (C) meets the definition of a low-income individual specified in section 101(25) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801(25) ), except that eligible entities described in section 4(c), subject to approval in the applicable applications for funds, may increase the income level specified in subparagraph (B)(i) of such section to an amount not in excess of 200 percent of the poverty line for purposes of determining eligibility for participation in activities under section 4.
https://www.govinfo.gov/content/pkg/BILLS-113hr2381ih/xml/BILLS-113hr2381ih.xml
113-hr-2382
I 113th CONGRESS 1st Session H. R. 2382 IN THE HOUSE OF REPRESENTATIVES June 14, 2013 Mr. Cook (for himself and Mrs. Negrete McLeod ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to establish a priority for the Secretary of Veterans Affairs in processing certain claims for compensation. 1. Short title This Act may be cited as the Prioritizing Urgent Claims for Veterans Act . 2. Priority for processing claims of the Department of Veterans Affairs (a) In general Subchapter I of chapter 51 of title 38, United States Code, is amended by adding at the end the following new section: 5109C. Priority for processing claims In processing claims for compensation under this chapter, the Secretary shall provide the following claimants with priority over other claimants: (1) Veterans who have attained the age of 70. (2) Veterans who are terminally ill. (3) Veterans with life-threatening illnesses. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 5109B the following new item: 5109C. Priority for processing claims. .
https://www.govinfo.gov/content/pkg/BILLS-113hr2382ih/xml/BILLS-113hr2382ih.xml
113-hr-2383
I 113th CONGRESS 1st Session H. R. 2383 IN THE HOUSE OF REPRESENTATIVES AN ACT To designate the new Interstate Route 70 bridge over the Mississippi River connecting St. Louis, Missouri, and southwestern Illinois as the Stan Musial Veterans Memorial Bridge . 1. Stan Musial Veterans Memorial Bridge (a) Designation The new Interstate Route 70 bridge over the Mississippi River that connects St. Louis, Missouri, to southwestern Illinois shall be known and designated as the Stan Musial Veterans Memorial Bridge . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the bridge referred to in subsection (a) shall be deemed to be a reference to the Stan Musial Veterans Memorial Bridge . Passed the House of Representatives June 25, 2013. Karen L. Haas, Clerk.
https://www.govinfo.gov/content/pkg/BILLS-113hr2383eh/xml/BILLS-113hr2383eh.xml
113-hr-2384
I 113th CONGRESS 1st Session H. R. 2384 IN THE HOUSE OF REPRESENTATIVES June 14, 2013 Mr. Deutch (for himself, Mr. McGovern , Mr. Langevin , Ms. Moore , Mr. Lewis , Ms. DeLauro , Mr. Gene Green of Texas , Ms. Wilson of Florida , Mr. Danny K. Davis of Illinois , Ms. Waters , Ms. McCollum , Ms. Clarke , Mr. Nadler , Ms. Brown of Florida , Ms. Lee of California , Ms. Schakowsky , Ms. Titus , Mr. Horsford , Mr. Vela , Mr. Cárdenas , Mr. Hastings of Florida , Mr. Meeks , Mr. Conyers , Mr. Rush , Mr. Pocan , and Mr. Gallego ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Food and Nutrition Act of 2008 to require that supplemental nutrition assistance program benefits be calculated with reference to the cost of the low-cost food plan as determined by the Secretary of Agriculture, and for other purposes. 1. Short title This Act may be cited as the Food Security Improvement Act of 2013 . 2. Calculation of supplemental nutrition assistance program benefits using cost of low-cost food plan The Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ) is amended— (1) in section 3 (7 U.S.C. 2012) by inserting after subsection (l) the following: (l–A) Low-cost food plan means the cost of the diet determined by the Secretary, as described in The Low-Cost, Moderate-Cost, and Liberal Food Plans, 2007 , published by the Center for Nutrition Policy and Promotion (CNPP–20, November 2007) of the Department of Agriculture. The cost of such diet shall be the basis for uniform allotments for all households regardless of their actual composition, except that the Secretary shall— (1) make household-size adjustments (based on the unrounded cost of such diet) taking into account economies of scale; (2) make cost adjustments in the low-cost food plan for Hawaii and the urban and rural parts of Alaska to reflect the cost of food in Hawaii and urban and rural Alaska; (3) make cost adjustments in the separate low-cost food plans for Guam, and the Virgin Islands of the United States, to reflect the cost of food in those States, but not to exceed the cost of food in the 50 States and the District of Columbia; and (4) on October 1, 2015, and each October 1 thereafter, adjust the cost of the diet to reflect the cost of the diet in the preceding June, and round the result to the nearest lower dollar increment for each household size. ; (2) in section 8(a) (7 U.S.C. 2017(a)) by striking thrifty food plan each place it appears, and inserting low-cost food plan ; (3) in section 18(a)(1) ( 7 U.S.C. 2027(a)(1) ) by striking 2012 and inserting 2015 ; (4) in section 19(a)(2)(A) ( 7 U.S.C. 2028(a)(2)(A) )— (A) in clause (i) by striking and at the end; (B) in clause (ii)— (i) by striking each fiscal year thereafter and inserting each of fiscal years 2003 through 2014 ; and (ii) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (iii) for fiscal year 2015, $2,191,000,000; and (iv) subject to the availability of appropriations under section 18(a), for fiscal year 2016 and each fiscal year thereafter, the amount determined under clause (iii), as adjusted by the percentage by which the low-cost food plan has been adjusted under section 3(l–A)(4) between June 30, 2014, and June 30 of the immediately preceding fiscal year. ; and (5) in section 27(a) ( 7 U.S.C. 2036(a) ) by striking 2012 each place it appears and inserting 2015 .
https://www.govinfo.gov/content/pkg/BILLS-113hr2384ih/xml/BILLS-113hr2384ih.xml
113-hr-2385
I 113th CONGRESS 1st Session H. R. 2385 IN THE HOUSE OF REPRESENTATIVES June 14, 2013 Mr. Duffy introduced the following bill; which was referred to the Committee on Financial Services , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Dodd-Frank Wall Street Reform and Consumer Protection Act to set the rate of pay for employees of the Bureau of Consumer Financial Protection in accordance with the General Schedule. 1. Short title This Act may be cited as the CFPB Pay Fairness Act of 2013 . 2. Rate of pay for employees of the Bureau of Consumer Financial Protection (a) In general Section 1013(a)(2) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5493(a)(2)) is amended to read as follows: (2) Compensation The rates of basic pay for all employees of the Bureau shall be set and adjusted by the Director in accordance with the General Schedule set forth in section 5332 of title 5, United States Code. . (b) Effective date The amendment made by subsection (a) shall apply to service by an employee of the Bureau of Consumer Financial Protection following the 90-day period beginning on the date of enactment of this Act.
https://www.govinfo.gov/content/pkg/BILLS-113hr2385ih/xml/BILLS-113hr2385ih.xml
113-hr-2386
I 113th CONGRESS 1st Session H. R. 2386 IN THE HOUSE OF REPRESENTATIVES June 14, 2013 Mr. Larson of Connecticut (for himself, Mr. King of New York , Mr. Courtney , Mr. Himes , Mr. Grijalva , Mr. Johnson of Ohio , and Mr. Andrews ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 4, United States Code, to provide for the flying of the flag at half-staff in the event of the death of a first responder in the line of duty. 1. Short title This Act may be cited as the Honoring Hometown Heroes Act . 2. Permitting the flag to be flown at half-staff in the event of the death of a first responder serving in the line of duty (a) Amendment The sixth sentence of section 7(m) of title 4, United States Code, is amended— (1) by striking or after possession of the United States and inserting a comma; (2) by inserting or the death of a first responder working in any State, territory, or possession who dies while serving in the line of duty, after while serving on active duty, ; (3) by striking and after former officials of the District of Columbia and inserting a comma; and (4) by inserting before the period the following: , and first responders working in the District of Columbia . (b) First responder defined Such subsection is further amended— (1) in paragraph (2), by striking , United States Code; and and inserting a semicolon; (2) in paragraph (3), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new paragraph: (4) the term first responder means a public safety officer as defined in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b). . (c) Effective date The amendments made by this Act shall apply with respect to deaths of first responders occurring on or after the date of the enactment of this Act.
https://www.govinfo.gov/content/pkg/BILLS-113hr2386ih/xml/BILLS-113hr2386ih.xml
113-hr-2387
I 113th CONGRESS 1st Session H. R. 2387 IN THE HOUSE OF REPRESENTATIVES June 14, 2013 Mrs. Carolyn B. Maloney of New York (for herself, Mr. Nadler , Mrs. Lowey , Mr. Higgins , Mr. Engel , Mr. Rangel , and Mr. Grimm ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To award a Congressional Gold Medal to Rabbi Arthur Schneier in recognition of his pioneering role in promoting religious freedom and human rights throughout the world, for close to half a century. 1. Short title This Act may be cited as the Rabbi Arthur Schneier Congressional Gold Medal Act . 2. Findings The Congress finds as follows: (1) Rabbi Arthur Schneier, Spiritual Leader of Park East Synagogue and Founder and President, Appeal of Conscience Foundation, has played a pioneering role in promoting religious freedom and human rights throughout the world, for close to half a century. (2) The President of the United States awarded him the Presidential Citizens Medal for his service as an international envoy for four administrations and as a Holocaust survivor, devoting a lifetime to overcoming forces of hatred and intolerance . (3) He received the United States Department of State Special Recognition Award from Secretary Colin Powell for … his ecumenical work in favor of mutual understanding, tolerance and peace … . (4) In China in 2004, he headed an interfaith Appeal of Conscience Foundation delegation which met with government officials on behalf of religious freedom and strengthened exchanges between religious communities in China and the United States. (5) He has regularly led delegations of religious leaders to China since the early 1980s. (6) In the Former Soviet Union, Rabbi Schneier was, in 2004, the keynote speaker at the Interreligious Conference on Peace hosted by Patriarch Aleksey II. (7) In Armenia in 2002, he held meetings with the Catholicos of all Armenians and government leaders to help ease tensions between Armenia and Turkey. (8) He convened the Religious Summit on the Former Yugoslavia in Switzerland and the Conflict Resolution Conference in Vienna, mobilizing Catholic, Muslim, and Orthodox Christian religious leaders to halt the bloodshed in former Yugoslavia (1992, 1995). (9) In the Balkans, Caucasus, and Central Asia, he initiated the Peace and Tolerance Conference in Istanbul, Turkey, in cooperation with the Turkish Government and the Ecumenical Patriarch Bartholomew I (1994). (10) In Bosnia-Herzegovina, he met with top government and religious leaders in Sarajevo to promote healing and conciliation between the Serbian Orthodox, Muslim, Catholic, and Jewish communities (1997). (11) Rabbi Schneier initiated the interfaith appeal to the United Nations for the worldwide protection of holy sites, which was adopted by the United Nations General Assembly in May 2001 as the resolution for the Protection of Religious Sites . (12) In 1980, he initiated the Annual Seminar on Religious Life to educate Foreign Service officers in the religious traditions of the countries of their assignment. (13) The Foreign Service Institute honored him in 2001 for 20 years of excellent cooperation in furthering the objective of religious freedom . (14) He was awarded the Department of State Special Recognition Award from Secretary of State Hillary Clinton for his 30 years of partnership in helping Foreign Affairs professionals to better understand the right to religious freedom in the countries in which they serve . (15) He has been very active in humanitarian missions, such as mobilizing the American religious community in support for the victims of the Armenian and Turkish earthquakes and Romanian floods. (16) A United States Alternate Representative to the United Nations General Assembly and Chairman of the United States Commission for the Preservation of America’s Heritage Abroad, he was one of 3 American religious leaders appointed by the President of the United States to start the first dialogue on religious freedom with President Jiang Zemin and other top Chinese leaders (1998). (17) He was a United States delegate to the Stockholm International Forum for the Prevention of Genocide (2004). (18) Born in Vienna, Austria, in 1930, Rabbi Schneier lived under Nazi occupation in Budapest during World War II and arrived in the United States in 1947. (19) He holds the Ordination and Doctor of Divinity Degree from Yeshiva University. (20) In 2004, Yeshiva University honored him by establishing the Rabbi Arthur Schneier Center for International Affairs. (21) He hosted Pope Benedict XVI at Park East Synagogue, the first visit of a Pope to a synagogue in the United States (2008), and the Ecumenical Patriarch Bartholomew (2009). (22) He was invited by King Abdullah of Saudi Arabia as a keynote to the Interfaith Conference (Madrid) (2008). (23) He was appointed by the UN Secretary General to the High Level Group Alliance of Civilizations (2005) and he was appointed Ambassador of the UN Alliance of Civilizations (2009). (24) He was honored with the Knight Commander of the Order of Civil Merit by the Kingdom of Spain, Officer of the Order of the Légion d’honneur of France, Officer’s Cross of the Order of Merit of Germany, Grand Decoration of Honor in Gold with Star for Service to the Republic of Austria, Order of the Republic of Hungary, Officer’s Cross of the Order of Merit of the Republic of Poland, the Order of the Star of Italian Solidarity, Grand Decoration of Honor in Gold for Special Services to the Province of Vienna. (25) He received the Order of St. Daniel of Moscow, for his leadership in inter-religious cooperation and the strengthening of ties between American religious communities and the Russian Orthodox Church (2004). (26) He was selected Friend of the Armenians for his solidarity with Armenians in the cause of human rights . (27) He received the Order of St. Andrew the Apostle Athenagoras Human Rights Award for his contributions to the improvement of tolerance and peace among all religions throughout the world (2008). (28) He received the Guru Nanac Interfaith Prize, Hofstra University for fostering religious tolerance and cooperation (2010). (29) He was the recipient of eleven honorary doctorates from United States and foreign universities. 3. Congressional Gold Medal (a) Presentation authorized The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design to Rabbi Arthur Schneier in recognition of his pioneering role in promoting religious freedom and human rights throughout the world, for close to half a century. (b) Design and striking For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the Secretary ) shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. 4. Duplicate medals The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. 5. Status of medals (a) National medals The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic items For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. 6. Authority to use fund amounts; proceeds of sale (a) Authority To use fund amounts There is authorized to be charged against the United States Mint Public Enterprise Fund, such amounts as may be necessary to pay for the costs of the medal struck pursuant to this Act. (b) Proceeds of sale Amounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited into the United States Mint Public Enterprise Fund.
https://www.govinfo.gov/content/pkg/BILLS-113hr2387ih/xml/BILLS-113hr2387ih.xml
113-hr-2388
I 113th CONGRESS 1st Session H. R. 2388 IN THE HOUSE OF REPRESENTATIVES June 14, 2013 Mr. McClintock introduced the following bill; which was referred to the Committee on Natural Resources A BILL To authorize the Secretary of the Interior to take certain Federal lands located in El Dorado County, California, into trust for the benefit of the Shingle Springs Band of Miwok Indians, and for other purposes. 1. Land into Trust for the Shingle Springs Band of Miwok Indians (a) In general As soon as practicable after the date of the enactment of this Act, the Secretary of the Interior shall take the land described in subsection (b) into trust for the benefit of the Shingle Springs Band of Miwok Indians, subject to valid existing rights and management agreements related to easements and rights-of-way. (b) Land description The land to be taken into trust pursuant to subsection (a) is the approximately 40.852 acres of Federal land under the administrative jurisdiction of the Bureau of Land Management identified as Conveyance boundary on the map titled Shingle Springs Land Conveyance/Draft and dated June 7, 2012, including improvements and appurtenances thereto. (c) Gaming Class II and class III gaming under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) shall not be permitted at any time on the land taken into trust pursuant to subsection (a).
https://www.govinfo.gov/content/pkg/BILLS-113hr2388ih/xml/BILLS-113hr2388ih.xml
113-hr-2389
I 113th CONGRESS 1st Session H. R. 2389 IN THE HOUSE OF REPRESENTATIVES June 14, 2013 Mr. Meadows (for himself, Mr. Bridenstine , Mr. Duncan of South Carolina , Mr. Broun of Georgia , Mr. Jones , Mr. Hudson , Mr. Salmon , and Mr. Yoho ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on Energy and Commerce , Education and the Workforce , the Judiciary , Natural Resources , and House Administration , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require the Inspector General for Tax Administration to audit the Internal Revenue Service. 1. Short title This Act may be cited as the IRS Verification Act . 2. Audit of the Internal Revenue Service by the Inspector General for Tax Administration (a) In general The Inspector General for Tax Administration shall audit the Internal Revenue Service for the period beginning January 1, 2010, and ending on the date of the enactment of this Act. The audit shall be conducted in accordance with section 5(a) of the Inspector General Act of 1978 and shall include, but need not be limited to, a report on the items specified by paragraphs (1) through (13) (other than paragraph (10)) of such section. (b) Prohibition on expending funds for Patient Protection and Affordable Care Act until audit is submitted to Congress No amount made available for any program, project, or activity to carry out the Patient Protection and Affordable Care Act or any amendment made by such Act may be obligated or expended after the date of the enactment of this Act until a report of the audit required by subsection (a) is submitted to the Congress.
https://www.govinfo.gov/content/pkg/BILLS-113hr2389ih/xml/BILLS-113hr2389ih.xml
113-hr-2390
I 113th CONGRESS 1st Session H. R. 2390 IN THE HOUSE OF REPRESENTATIVES June 14, 2013 Mr. Nadler (for himself, Mr. Conyers , and Mr. Scott of Virginia ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committees on Armed Services and Foreign Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title 18, United States Code, to provide for limitations on detentions of certain individuals, and for other purposes. 1. Short title This Act may be cited as the No Detention without Charge Act of 2013 . 2. Limitation on detentions Section 4001 of title 18, United States Code, is amended by inserting after subsection (b) the following: (c) (1) An authorization for the use of military force, a declaration of war, or any similar Act pertaining to the authority of the President over the use of the Armed Forces of the United States may not authorize the apprehension or detention of any person except to the extent that the Constitution, the law of war, and otherwise applicable human rights law permits. (2) Except as expressly provided by an Act of Congress, an authorization for the use of military force, a declaration of war, or any similar Act pertaining to the authority of the President over the use of the Armed Forces of the United States may not authorize the detention without charge of any person apprehended or detained in the United States, or a territory or possession of the United States. (d) Subsection (c) applies to an authorization for the use of military force, a declaration of war, or any similar Act pertaining to the authority of the President over the use of the Armed Forces of the United States enacted before, on, or after the date of enactment of this subsection. (e) A person may assert a violation of this section as a claim or defense in a judicial proceeding and obtain appropriate relief against a government. Standing to assert a claim or defense under this section shall be governed by the general rules of standing under Article III of the Constitution. . 3. Rule of construction For purposes of section 4001(c)(2) of title 18, United States Code, the Authorization for Use of Military Force ( Public Law 107–40 ; 50 U.S.C. 1541 note) shall not constitute an Act of Congress expressly providing an exception to the prohibition in that subsection. 4. Repeal of requirement for military custody (a) Repeal Section 1022 of the National Defense Authorization Act for Fiscal Year 2012 is hereby repealed. (b) Conforming amendment Section 1029(b) of such Act 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-113hr2390ih/xml/BILLS-113hr2390ih.xml
113-hr-2391
I 113th CONGRESS 1st Session H. R. 2391 IN THE HOUSE OF REPRESENTATIVES June 14, 2013 Mrs. Wagner (for herself, Mr. Clay , Mr. Luetkemeyer , Mrs. Hartzler , Mr. Cleaver , Mr. Graves of Missouri , Mr. Long , and Mr. Smith of Missouri ) 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 5323 Highway N in Cottleville, Missouri as the Lance Corporal Phillip Vinnedge Post Office . 1. Lance Corporal Phillip D. Vinnedge Post Office (a) Designation The facility of the United States Postal Service located at 5323 Highway N in Cottleville, Missouri, shall be known and designated as the Lance Corporal Phillip Vinnedge Post Office . (b) References Any references in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Lance Corporal Phillip Vinnedge Post Office .
https://www.govinfo.gov/content/pkg/BILLS-113hr2391ih/xml/BILLS-113hr2391ih.xml
113-hr-2392
V 113th CONGRESS 1st Session H. R. 2392 IN THE HOUSE OF REPRESENTATIVES June 14, 2013 Mr. Smith of New Jersey introduced the following bill; which was referred to the Committee on the Judiciary A BILL For the relief of certain aliens who were aboard the Golden Venture. 1. Adjustment of status for certain aliens who were aboard the golden venture (a) In general Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act ( 8 U.S.C. 1151 ), the Secretary of Homeland Security shall adjust the status of each alien referred to in subsection (b) to that of an alien lawfully admitted for permanent residence, if the alien— (1) applies for such adjustment; (2) has been physically present in the United States for at least 1 year and is physically present in the United States on the date the application for such adjustment is filed; (3) is admissible to the United States as an immigrant under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), except that, for the purposes of determining admissibility under this paragraph, the grounds for inadmissibility specified in paragraphs (4), (5), and (7)(A) and subparagraphs (A), (D), and (E) of paragraph (6) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not apply; and (4) pays a fee (determined by the Secretary of Homeland Security) for the processing of such application. (b) Aliens eligible for adjustment of status The adjustment of status provided for under subsection (a) shall apply to the following aliens: (1) Zhang Xue Feng. (2) Zhu Zhai Yong. (3) Shi Gong. (4) He Ar Ming. (5) Dong Su Gi. (6) Zhou Xin Siong. (7) Zheng Shi Ji. (8) Liu Bao Jin. (9) Lin Yeng Ming. (10) Zou Xue Can. (11) Yong Lu Xue. (12) Liu Jia Wen. (13) Cheng Son Ching. (14) Chen Xue Dian. (15) Dek Fun Lin. (16) Wang Dar Hua. (17) Chung Seng Chow. (18) Lin Rui Kang. (19) Dong Sou Xing. (20) Ni Zhou Hua. (c) Offset in number of visas available Upon each granting to an alien of the status of having been lawfully admitted for permanent residence under this section, 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 ( 8 U.S.C. 1153(a) ) 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 (8 U.S.C. 1152(e)). (d) Application of Immigration and Nationality Act provisions The definitions contained in the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) shall apply in the administration of this section. The fact that an alien may be eligible to be granted the status of having been lawfully admitted for permanent residence under this section shall not preclude the alien from seeking such status under any other provision of law for which the alien may be eligible.
https://www.govinfo.gov/content/pkg/BILLS-113hr2392ih/xml/BILLS-113hr2392ih.xml
113-hr-2393
I 113th CONGRESS 1st Session H. R. 2393 IN THE HOUSE OF REPRESENTATIVES June 17, 2013 Mr. Fattah introduced the following bill; which was referred to the Committee on Ways and Means A BILL To direct the Secretary of the Treasury to develop and present to Congress a legislative proposal to establish a consumption tax. 1. Short title This Act may be cited as the American Growth & Tax Reform Act of 2013 . 2. Findings Congress finds the following: (1) The United States, from its beginning in 1790 to the present, has been free of a national debt for only two years, 1834 and 1835. (2) After 1946, the national debt as a percentage of GDP declined, reaching a low of 32.5 percent in 1981. (3) The large budget deficits of the 1980s and 1990s reversed this trend and pushed the percentage to another high of 49.5 percent in 1993. (4) The Federal budget surpluses from fiscal year 1998 to fiscal year 2001 were used to retire a portion of the publicly held national debt. (5) Between fiscal year 1997 and fiscal year 2001, the publicly held portion of the national debt declined by more than $400 billion. (6) Since fiscal year 2002, a return to budget deficits has caused the debt to grow again. (7) The national debt has grown from 75.5 million in 1790 to $16,781,967,702,405.37, as of April 19, 2013. (8) Congress must consider innovative tax strategies to meet this fiscal challenge. (9) A consumption tax will assist in decreasing the total public debt outstanding by broadening the tax base to include revenue from untapped sources: foreign tourists, undocumented immigrants, the underground economy, and multi-million dollar business transactions. (10) Implementing a consumption tax would simplify the current tax system. (11) At least 84 countries subscribe to some form of consumption taxation, including Afghanistan, Albania, Australia, Austria, Azerbaijan, Bahamas, Bangladesh, Barbados, Belgium, Benin, Brazil, Brunei Darussalam, Burundi, Cameroon, Canada, Cape Verde, Chile, China, Comoros, Congo (DRC), Croatia, Cyprus, Denmark, Egypt, Ethiopia, Finland, France, Ghana, Germany, Greece, Guinea-Bissau, Indonesia, Ireland, Iran, Italy, Jamaica, Japan, Kenya, Korea, Kosovo, Kuwait, Laos, Latvia, Liberia, Lithuania, Luxemburg, Macedonia, Madagascar, Malaysia, Malta, Mexico, Morocco, Netherlands, New Zealand, Norway, Pakistan, Poland, Portugal, Qatar, Russian Federation, Saudi Arabia, Senegal, Serbia, Singapore, Slovak Republic, Slovenia, South Africa, Spain, Sri Lanka, Sudan, Sweden, Switzerland, Tanzania, Thailand, Trinidad & Tobago, Tunisia, Turkey, Uganda, Ukraine, Uruguay, United Kingdom, Vietnam, Zambia, and Zimbabwe. (12) Under a consumption tax, personal savings are excluded from the taxable base thereby rewarding taxpayers for saving. 3. Consumption tax legislative proposal (a) In general Not later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury shall develop and submit to Congress a legislative proposal to establish a consumption tax that is broad-based and progressive in nature. (b) Proposal requirements (1) In general Such proposal shall set forth the details of such a consumption tax and the rates that the Secretary estimates would eliminate the total public debt outstanding in 10 years, 20 years, and 30 years, respectively, under each of the following scenarios: (A) The consumption tax would be in addition to all Federal taxes in effect on the date of the enactment of this Act. (B) The consumption tax would replace the individual income tax imposed by section 1 of the Internal Revenue Code of 1986 on earned income (as defined in section 32(c)(2) of such Code). (C) The consumption tax would replace the corporate income tax imposed by section 11 of such Code. (2) Feasibility and comparative analysis Such proposal shall also include— (A) an analysis of the feasibility of, any barriers to, and any advantages or disadvantages of, a Federal consumption tax, and (B) a comparative analysis of the function and character of consumption taxes in other countries that impose a consumption tax.
https://www.govinfo.gov/content/pkg/BILLS-113hr2393ih/xml/BILLS-113hr2393ih.xml
113-hr-2394
I 113th CONGRESS 1st Session H. R. 2394 IN THE HOUSE OF REPRESENTATIVES June 17, 2013 Mr. Garrett (for himself, Mr. Bishop of Utah , Mr. Southerland , Mr. Pearce , Mr. Huelskamp , Mr. King of Iowa , Mr. Huizenga of Michigan , Mr. Mulvaney , Mr. LaMalfa , Mr. Pittenger , Mr. Franks of Arizona , Mr. Chabot , Mr. Posey , Mr. Gohmert , Mrs. Blackburn , Mr. Mullin , Mr. Campbell , Mr. Broun of Georgia , and Mr. Jones ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To allow a State to opt out of K–12 education grant programs and the requirements of those programs, to amend the Internal Revenue Code of 1986 to provide a credit to taxpayers in such a State, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Local Education Authority Returns Now Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Title I—Ability of States to opt out of K–12 education grant programs Sec. 101. Determinations by Secretary of the Treasury as to which States are opt-out States. Sec. 102. Amounts creditable to States. Sec. 103. Opt-out States not eligible to receive grants under K–12 education grant programs. Sec. 104. Requirements of K–12 education grant programs do not apply to opt-out States. Sec. 105. Definitions. Title II—Credit to taxpayers in opt-out State Sec. 201. Refundable opt-out State education credit. I Ability of States to opt out of K–12 education grant programs 101. Determinations by Secretary of the Treasury as to which States are opt-out States (a) Deadline Not later than February 1 of each calendar year (hereinafter in this title referred to as the determination year ), the Secretary of the Treasury shall determine which States, if any, are opt-out States for the calendar year (hereinafter in this title referred to as the opt-out year ) that follows the determination year. (b) Determination The Secretary of the Treasury shall determine that a State is an opt-out State for an opt-out year under subsection (a) if, and only if, there is transmitted to the Secretary a copy of a law, in effect as of January 1 of the determination year, that can fairly be read to mean that the policy of the State is to not accept grant funds under the K–12 education grant programs, and thereby to not be bound by the requirements of those programs, for that opt-out year. (c) Notification Upon making a determination under subsection (a), the Secretary of the Treasury shall transmit that determination to the Secretary of Education and to Congress. 102. Amounts creditable to States (a) In general For purposes of determinations relating to the refundable opt-out State education credit under section 36D of the Internal Revenue Code of 1986, as early as practicable for a calendar year, the Secretary of Education shall, for each State, determine the amount creditable to that State for that calendar year and make available that determination. (b) Amount creditable The Secretary shall determine the amount creditable to a State for a calendar year as follows: (1) If the State was not an opt-out State for the preceding calendar year, the amount creditable for the calendar year shall be equal to the aggregate K–12 funding (as determined under subsection (d)) for that State for that preceding calendar year. (2) If the State was an opt-out State for the preceding calendar year, the amount creditable for the calendar year shall be equal to— (A) the extrapolated amount (as determined under subsection (c)) for that preceding calendar year, plus (B) the amount that results when the amount creditable for that preceding calendar year is subtracted from the extrapolated amount (as determined under subsection (c)) for that preceding calendar year. (c) Extrapolated amount (1) In general The Secretary of Education shall determine the extrapolated amount for a State for a calendar year. The determination shall be based on— (A) the amount of grant funds that would have been received other than on a competitive basis, as direct grants, subgrants, or otherwise, under the K–12 education grant programs, by the State or any public educational entity in the State for that calendar year, had it elected not to be an opt-out State for that calendar year; plus (B) the average annual amount of all grant funds that would have been received on a competitive basis, as direct grants, subgrants, or otherwise, under the K–12 education grant programs, by the State or any public educational entity in the State for that calendar year and the four preceding calendar years, had it elected not to be an opt-out State for those calendar years. (2) Regulations The Secretary shall prescribe regulations for making determinations required by this subsection. The initial regulations shall be prescribed not later than 6 months after the date of the enactment of this Act. (d) Aggregate K–12 funding The aggregate K–12 funding for a State for a calendar year shall be equal to— (1) the amount of all grant funds received other than on a competitive basis, as direct grants, subgrants, or otherwise, under the K–12 education grant programs, by the State or any public educational entity in the State for that calendar year; plus (2) the average annual amount of all grant funds received on a competitive basis, as direct grants, subgrants, or otherwise, under the K–12 education grant programs, by the State or any public educational entity in the State for that calendar year and the four preceding calendar years. 103. Opt-out States not eligible to receive grants under K–12 education grant programs (a) In general When a State is an opt-out State for a calendar year, neither the State nor any public educational entity in the State is eligible to receive, as direct grants, subgrants, or otherwise, any funds under any of the K–12 education grant programs for that calendar year. (b) Reallocation Any funds under a K–12 education grant program that are not allocated to a State or public educational entity in the State by reason of subsection (a) shall be returned to the Treasury. 104. Requirements of K–12 education grant programs do not apply to opt-out States When a State is an opt-out State for a calendar year, neither the State nor any public educational entity in the State is subject to any statutory or regulatory requirement of a K–12 education grant program for that calendar year. 105. Definitions In this title: (1) The term K–12 education grant program means any grant program carried out under any title of the Elementary and Secondary Education Act of 1965, except for the following: (A) Indian, Native Hawaiian, and Alaska Native Education Title VII (20 U.S.C. 7401 et seq.). (B) Impact Aid Title VIII ( 20 U.S.C. 7701 et seq. ). (2) The term public educational entity means, with respect to a State, the State educational agency, any local educational agency in the State, or any public elementary or secondary school in the State. II Credit to taxpayers in opt-out State 201. Refundable opt-out State education credit (a) In general Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by inserting after section 36B the following new section: 36C. Opt-out State education credit (a) General rule In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year the opt-out State education amount. (b) Opt-Out State education amount For purposes of this section— (1) In general The term opt-out State education amount means, with respect to a taxpayer for a taxable year beginning in an opt-out year, the amount equal to— (A) the amount creditable under section 102 of the Local Education Authority Returns Now Act to an opt-out State (determined under section 101 of such Act), multiplied by— (B) a fraction— (i) the numerator of which is the taxpayer’s household tax burden from such State for the opt-out year, and (ii) the denominator of which is the total tax revenue of such State for the opt-out year. (2) Household tax burden The household tax burden from a State for an opt-out year is the sum of— (A) the State real property taxes, (B) the State personal property taxes, (C) the State income, war profits, and excess profits taxes, plus (D) the State general sales taxes, for the calendar year in which the second preceding taxable year ends and within which paid or accrued by the taxpayer. For purposes of this section, terms used in the preceding sentence which are also used in section 164 shall have the respective meanings given such terms by section 164. (3) Total tax revenue The total tax revenue of a State for an opt-out year is the amount determined by the Secretary to be the aggregate tax revenue of such State for the calendar year in which the second preceding taxable year ends. (c) Eligible individual For purposes of this section— (1) In general The term eligible individual means an individual whose principal place of abode (within the meaning of section 121) was in the opt-out State for the entire taxable year. (2) Dependents The term eligible individual does not include any individual if a deduction under section 151 with respect to such individual is allowed to another taxpayer for a taxable year beginning in the calendar year in which such individual’s taxable year begins. (d) Opt-Out year The term opt-out year means a calendar year for which the Secretary determines a State to be an opt-out State under section 101 of the Local Education Authority Returns Now Act . (e) Amount of credit shall be determined under tables (1) In general The credit under subsection (a) shall be determined under tables prescribed by the Secretary. (2) Requirements for tables The tables prescribed under paragraph (1) shall— (A) reflect the provisions of this section, and (B) take into account filing status, State of residence, and adjusted gross income. . (b) Conforming amendments (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting 36C, after 36B, . (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36B the following new item: Sec. 36C. Opt-out State education credit. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
https://www.govinfo.gov/content/pkg/BILLS-113hr2394ih/xml/BILLS-113hr2394ih.xml
113-hr-2395
I 113th CONGRESS 1st Session H. R. 2395 IN THE HOUSE OF REPRESENTATIVES June 17, 2013 Mr. Hastings of Washington introduced the following bill; which was referred to the Committee on Natural Resources A BILL To provide for donor contribution acknowledgments to be displayed at projects authorized under the Commemorative Works Act, and for other purposes. 1. Donor contributions Section 8905(b) of title 40, United States Code is amended by striking paragraph (7) and inserting the following: (7) Donor contributions (A) In general Except as otherwise provided in this paragraph, the Secretary or Administrator, as applicable, may permit a sponsor described in subsection (a) to acknowledge donor contributions at the commemorative work. (B) Requirements Acknowledgments shall— (i) be displayed inside a visitor center or other ancillary structure associated with the commemorative work; and (ii) conform to applicable National Park Service or General Services Administration guidelines for donor recognition, as applicable. (C) Limitations Acknowledgments shall— (i) be limited to an appropriate statement or credit recognizing the contribution; (ii) be displayed in a form approved by the Secretary or Administrator; (iii) be displayed for a period of time determined by the Secretary or Administrator to be appropriate, commensurate with the level of the contribution; (iv) be limited to short, discrete, and unobtrusive acknowledgments or credits; and (v) not include any advertising slogans or company logos. (D) Submittal of plan (i) In general Prior to the display of donor acknowledgments, the sponsor shall submit to the Secretary or Administrator, as applicable, for approval a plan for displaying the donor acknowledgments, including— (I) the sample text and types of acknowledgments to be displayed; and (II) the form and location of all displays. (ii) Notification and resubmittal If the Secretary or Administrator does not approve the plan submitted under clause (i), the Secretary or Administrator shall— (I) not later than 60 days after the date on which the plan is received, notify the sponsor of the reasons the plan is not approved; and (II) allow the sponsor to resubmit a revised donor acknowledgment plan. (E) Cost The sponsor shall bear all expenses related to the display of donor acknowledgments. (F) Applicability This paragraph shall apply to any commemorative work dedicated after January 1, 2010. .
https://www.govinfo.gov/content/pkg/BILLS-113hr2395ih/xml/BILLS-113hr2395ih.xml
113-hr-2396
I 113th CONGRESS 1st Session H. R. 2396 IN THE HOUSE OF REPRESENTATIVES June 17, 2013 Mr. McDermott introduced the following bill; which was referred to the Committee on Ways and Means , 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 Internal Revenue Code of 1986 to establish the Coal Mitigation Trust Fund funded by the imposition of a tax on the extraction of coal, and for other purposes. 1. Short title This Act may be cited as the True Cost of Coal Act of 2013 . 2. Coal Mitigation Trust Fund (a) In general Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 9512. Coal Mitigation Trust Fund (a) Creation of trust fund There is established in the Treasury of the United States a trust fund to be known as the Coal Mitigation Trust Fund , consisting of such amounts as may be appropriated or credited to such fund as provided in this section or section 9602(b). (b) Transfers to trust fund There are hereby appropriated to the Coal Mitigation Trust Fund amounts equivalent to the taxes received in the Treasury under section 4122 (relating to excise tax on coal extraction). (c) Expenditures (1) In general Except as otherwise provided in this subsection, amounts in the Coal Mitigation Trust Fund shall be available, as provided by appropriation Acts, to eligible States for mitigation of the following in connection with the transportation of coal by rail: noise, vibration, traffic delays, pollution and other threats to public health, and emergencies. Such amounts shall also be so available for related worker adjustment assistance. Any amounts made available to an eligible State under this paragraph shall remain available until expended for a purpose described in this paragraph. (2) Allocation among States Any amounts made available under paragraph (1) shall be made available to the eligible States in an amount which bears the same ratio to the population of such State as the aggregate amount made available bears to the aggregate populations of all the eligible States. (3) Eligible States For purposes of this subsection, the term eligible State means any State in which not less than 2,500,000 tons of coal per year is transported by rail. (4) Amounts made available not to offset required expenditures Amounts made available under paragraph (1) shall not be used directly or indirectly for any expense which any producer or transporter of coal is legally required to provide. . (b) Clerical amendment The table of sections for subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 9512. Coal Mitigation Trust Fund. . 3. Excise tax on coal extraction (a) In general Subchapter B of chapter 32 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 4122. Excise tax on coal extraction (a) In general There is hereby imposed on the extraction of coal in the United States a tax equal to $10 per ton. (b) Cross reference For definitions of United States and ton , see section 4121(c). . (b) Clerical amendment The table of sections for subchapter B of chapter 32 of such Code is amended by adding at the end the following new item: Sec. 4122. Excise tax on coal extraction. . (c) Effective date The amendments made by this section shall apply to coal extracted after the date of the enactment of this Act. 4. Extension of recovery period for specified coal port property (a) 50-Year recovery period for specified coal ports (1) In general The table contained in section 168(c) of the Internal Revenue Code of 1986 is amended by striking the last row and inserting the following: Any railroad grading, tunnel bore, or specified coal port property 50 years . (2) Alternative depreciation system The table contained in section 168(g)(2)(C) of such Code is amended by striking or water utility property and inserting , water utility property, or specified coal port property . (b) Specified coal port property Subsection (e) of section 168 of such Code is amended by adding at the end the following new paragraph: (9) Specified coal port property The term specified coal port property means any property which is part of a port (including any wharfs, stockyards, or conveyers) if— (A) it is reasonably anticipated at the time that such property is placed in service that such port will be used for the export of coal, and (B) such port (after such property and any related property is placed in service) would have the capacity to export more than 1,000,000 tons of coal annually. . (c) Effective date The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. 5. Covering coal cars (a) Amendment Subchapter II of chapter 201 of title 49, United States Code, is amended by adding at the end the following new section: 20168. Covering coal cars. The Secretary of Transportation shall issue regulations to require all rail cars transporting coal to be covered or to incorporate a suitable alternative technology that ensures that coal and coal dust do not escape the rail car or are treated to significantly reduce or eliminate the release of coal dust or other particulate matter during transportation. . (b) Table of sections The table of sections for subchapter II of chapter 201 of title 49, United States Code, is amended by adding at the end the following: 20168. Covering coal cars. .
https://www.govinfo.gov/content/pkg/BILLS-113hr2396ih/xml/BILLS-113hr2396ih.xml
113-hr-2397
IB Union Calendar No. 81 113th CONGRESS 1st Session H. R. 2397 [Report No. 113–113] IN THE HOUSE OF REPRESENTATIVES June 17, 2013 Mr. Young , from the Committee on Appropriations , reported the following bill; which was committed to the Committee of the Whole House on the State of the Union and ordered to be printed A BILL Making appropriations for the Department of Defense for the fiscal year ending September 30, 2014, and for other purposes. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2014, for military functions administered by the Department of Defense and for other purposes, namely: I Military Personnel Military Personnel, Army For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Army on active duty, (except members of reserve components provided for elsewhere), cadets, and aviation cadets; for members of the Reserve Officers' Training Corps; and for payments pursuant to section 156 of Public Law 97–377 , as amended ( 42 U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $40,908,919,000. Military Personnel, Navy For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Navy on active duty (except members of the Reserve provided for elsewhere), midshipmen, and aviation cadets; for members of the Reserve Officers' Training Corps; and for payments pursuant to section 156 of Public Law 97–377 , as amended ( 42 U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $27,671,555,000. Military Personnel, Marine Corps For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Marine Corps on active duty (except members of the Reserve provided for elsewhere); and for payments pursuant to section 156 of Public Law 97–377 , as amended ( 42 U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $12,826,857,000. Military Personnel, Air Force For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Air Force on active duty (except members of reserve components provided for elsewhere), cadets, and aviation cadets; for members of the Reserve Officers' Training Corps; and for payments pursuant to section 156 of Public Law 97–377 , as amended ( 42 U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $28,382,963,000. Reserve Personnel, Army For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army Reserve on active duty under sections 10211, 10302, and 3038 of title 10, United States Code, or while serving on active duty under section 12301(d) of title 10, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty or other duty, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $4,483,343,000. Reserve Personnel, Navy For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Navy Reserve on active duty under section 10211 of title 10, United States Code, or while serving on active duty under section 12301(d) of title 10, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $1,875,536,000. Reserve Personnel, Marine Corps For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Marine Corps Reserve on active duty under section 10211 of title 10, United States Code, or while serving on active duty under section 12301(d) of title 10, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, and for members of the Marine Corps platoon leaders class, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $665,499,000. Reserve Personnel, Air Force For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Air Force Reserve on active duty under sections 10211, 10305, and 8038 of title 10, United States Code, or while serving on active duty under section 12301(d) of title 10, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty or other duty, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $1,745,579,000. National Guard Personnel, Army For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army National Guard while on duty under section 10211, 10302, or 12402 of title 10 or section 708 of title 32, United States Code, or while serving on duty under section 12301(d) of title 10 or section 502(f) of title 32, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing training, or while performing drills or equivalent duty or other duty, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $7,958,568,000. National Guard Personnel, Air Force For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Air National Guard on duty under section 10211, 10305, or 12402 of title 10 or section 708 of title 32, United States Code, or while serving on duty under section 12301(d) of title 10 or section 502(f) of title 32, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing training, or while performing drills or equivalent duty or other duty, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $3,130,361,000. II Operation and maintenance Operation and Maintenance, Army For expenses, not otherwise provided for, necessary for the operation and maintenance of the Army, as authorized by law; and not to exceed $12,478,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Army, and payments may be made on his certificate of necessity for confidential military purposes, $35,183,796,000. Operation and Maintenance, Navy For expenses, not otherwise provided for, necessary for the operation and maintenance of the Navy and the Marine Corps, as authorized by law; and not to exceed $15,055,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Navy, and payments may be made on his certificate of necessity for confidential military purposes, $40,127,402,000. Operation and Maintenance, Marine Corps For expenses, not otherwise provided for, necessary for the operation and maintenance of the Marine Corps, as authorized by law, $6,298,757,000. Operation and Maintenance, Air Force For expenses, not otherwise provided for, necessary for the operation and maintenance of the Air Force, as authorized by law; and not to exceed $7,699,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Air Force, and payments may be made on his certificate of necessity for confidential military purposes, $37,438,701,000. Operation and Maintenance, Defense-Wide (including transfer of funds) For expenses, not otherwise provided for, necessary for the operation and maintenance of activities and agencies of the Department of Defense (other than the military departments), as authorized by law, $32,301,685,000: Provided , That not more than $25,000,000 may be used for the Combatant Commander Initiative Fund authorized under section 166a of title 10, United States Code: Provided further , That not to exceed $36,000,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of Defense, and payments may be made on his certificate of necessity for confidential military purposes: Provided further , That of the funds provided under this heading, not less than $36,262,000 shall be made available for the Procurement Technical Assistance Cooperative Agreement Program, of which not less than $3,600,000 shall be available for centers defined in 10 U.S.C. 2411(1)(D) : Provided further , That none of the funds appropriated or otherwise made available by this Act may be used to plan or implement the consolidation of a budget or appropriations liaison office of the Office of the Secretary of Defense, the office of the Secretary of a military department, or the service headquarters of one of the Armed Forces into a legislative affairs or legislative liaison office: Provided further , That $8,721,000, to remain available until expended, is available only for expenses relating to certain classified activities, and may be transferred as necessary by the Secretary of Defense to operation and maintenance appropriations or research, development, test and evaluation appropriations, to be merged with and to be available for the same time period as the appropriations to which transferred: Provided further , That any ceiling on the investment item unit cost of items that may be purchased with operation and maintenance funds shall not apply to the funds described in the preceding proviso: Provided further , That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act. Operation and Maintenance, Army Reserve For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Army Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications, $3,199,151,000. Operation and Maintenance, Navy Reserve For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Navy Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications, $1,200,283,000. Operation and Maintenance, Marine Corps Reserve For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Marine Corps Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications, $266,561,000. Operation and Maintenance, Air Force Reserve For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Air Force Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications, $3,149,046,000. Operation and Maintenance, Army National Guard For expenses of training, organizing, and administering the Army National Guard, including medical and hospital treatment and related expenses in non-Federal hospitals; maintenance, operation, and repairs to structures and facilities; hire of passenger motor vehicles; personnel services in the National Guard Bureau; travel expenses (other than mileage), as authorized by law for Army personnel on active duty, for Army National Guard division, regimental, and battalion commanders while inspecting units in compliance with National Guard Bureau regulations when specifically authorized by the Chief, National Guard Bureau; supplying and equipping the Army National Guard as authorized by law; and expenses of repair, modification, maintenance, and issue of supplies and equipment (including aircraft), $7,102,113,000. Operation and Maintenance, Air National Guard For expenses of training, organizing, and administering the Air National Guard, including medical and hospital treatment and related expenses in non-Federal hospitals; maintenance, operation, and repairs to structures and facilities; transportation of things, hire of passenger motor vehicles; supplying and equipping the Air National Guard, as authorized by law; expenses for repair, modification, maintenance, and issue of supplies and equipment, including those furnished from stocks under the control of agencies of the Department of Defense; travel expenses (other than mileage) on the same basis as authorized by law for Air National Guard personnel on active Federal duty, for Air National Guard commanders while inspecting units in compliance with National Guard Bureau regulations when specifically authorized by the Chief, National Guard Bureau, $6,675,999,000. United States Court of Appeals for the Armed Forces For salaries and expenses necessary for the United States Court of Appeals for the Armed Forces, $13,606,000, of which not to exceed $5,000 may be used for official representation purposes. Environmental Restoration, Army (including transfer of funds) For the Department of the Army, $298,815,000, to remain available until transferred: Provided , That the Secretary of the Army shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris of the Department of the Army, or for similar purposes, transfer the funds made available by this appropriation to other appropriations made available to the Department of the Army, to be merged with and to be available for the same purposes and for the same time period as the appropriations to which transferred: Provided further , That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further , That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act. Environmental Restoration, Navy (including transfer of funds) For the Department of the Navy, $316,103,000, to remain available until transferred: Provided , That the Secretary of the Navy shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris of the Department of the Navy, or for similar purposes, transfer the funds made available by this appropriation to other appropriations made available to the Department of the Navy, to be merged with and to be available for the same purposes and for the same time period as the appropriations to which transferred: Provided further , That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further , That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act. Environmental Restoration, Air Force (including transfer of funds) For the Department of the Air Force, $439,820,000, to remain available until transferred: Provided , That the Secretary of the Air Force shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris of the Department of the Air Force, or for similar purposes, transfer the funds made available by this appropriation to other appropriations made available to the Department of the Air Force, to be merged with and to be available for the same purposes and for the same time period as the appropriations to which transferred: Provided further , That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further , That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act. Environmental Restoration, Defense-Wide (including transfer of funds) For the Department of Defense, $10,757,000, to remain available until transferred: Provided , That the Secretary of Defense shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris of the Department of Defense, or for similar purposes, transfer the funds made available by this appropriation to other appropriations made available to the Department of Defense, to be merged with and to be available for the same purposes and for the same time period as the appropriations to which transferred: Provided further , That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further , That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act. Environmental Restoration, Formerly Used Defense Sites (including transfer of funds) For the Department of the Army, $262,443,000, to remain available until transferred: Provided , That the Secretary of the Army shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris at sites formerly used by the Department of Defense, transfer the funds made available by this appropriation to other appropriations made available to the Department of the Army, to be merged with and to be available for the same purposes and for the same time period as the appropriations to which transferred: Provided further , That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further , That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act. Overseas Humanitarian, Disaster, and Civic Aid For expenses relating to the Overseas Humanitarian, Disaster, and Civic Aid programs of the Department of Defense (consisting of the programs provided under sections 401, 402, 404, 407, 2557, and 2561 of title 10, United States Code), $109,500,000, to remain available until September 30, 2015. Cooperative Threat Reduction Account For assistance to the republics of the former Soviet Union and, with appropriate authorization by the Department of Defense and Department of State, to countries outside of the former Soviet Union, including assistance provided by contract or by grants, for facilitating the elimination and the safe and secure transportation and storage of nuclear, chemical and other weapons; for establishing programs to prevent the proliferation of weapons, weapons components, and weapon-related technology and expertise; for programs relating to the training and support of defense and military personnel for demilitarization and protection of weapons, weapons components and weapons technology and expertise, and for defense and military contacts, $528,455,000, to remain available until September 30, 2016. Department of Defense Acquisition Workforce Development Fund For the Department of Defense Acquisition Workforce Development Fund, $51,031,000. III Procurement Aircraft Procurement, Army For construction, procurement, production, modification, and modernization of aircraft, equipment, including ordnance, ground handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $5,236,653,000, to remain available for obligation until September 30, 2016. Missile Procurement, Army For construction, procurement, production, modification, and modernization of missiles, equipment, including ordnance, ground handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $1,628,083,000, to remain available for obligation until September 30, 2016. Procurement of Weapons and Tracked Combat Vehicles, Army For construction, procurement, production, and modification of weapons and tracked combat vehicles, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $1,545,560,000, to remain available for obligation until September 30, 2016. Procurement of Ammunition, Army For construction, procurement, production, and modification of ammunition, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including ammunition facilities authorized by section 2854 of title 10, United States Code, and the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $1,465,937,000, to remain available for obligation until September 30, 2016. Other Procurement, Army For construction, procurement, production, and modification of vehicles, including tactical, support, and non-tracked combat vehicles; the purchase of passenger motor vehicles for replacement only; communications and electronic equipment; other support equipment; spare parts, ordnance, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $6,467,751,000, to remain available for obligation until September 30, 2016. Aircraft Procurement, Navy For construction, procurement, production, modification, and modernization of aircraft, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway, $17,092,784,000, to remain available for obligation until September 30, 2016. Weapons Procurement, Navy For construction, procurement, production, modification, and modernization of missiles, torpedoes, other weapons, and related support equipment including spare parts, and accessories therefor; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway, $3,017,646,000, to remain available for obligation until September 30, 2016. Procurement of Ammunition, Navy and Marine Corps For construction, procurement, production, and modification of ammunition, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including ammunition facilities authorized by section 2854 of title 10, United States Code, and the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $544,116,000, to remain available for obligation until September 30, 2016. Shipbuilding and conversion, Navy For expenses necessary for the construction, acquisition, or conversion of vessels as authorized by law, including armor and armament thereof, plant equipment, appliances, and machine tools and installation thereof in public and private plants; reserve plant and Government and contractor-owned equipment layaway; procurement of critical, long lead time components and designs for vessels to be constructed or converted in the future; and expansion of public and private plants, including land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title, as follows: Carrier Replacement Program (AP), $944,866,000; Virginia Class Submarine, $3,880,704,000; Virginia Class Submarine (AP), $2,354,612,000; CVN Refuelings, $1,609,324,000; CVN Refuelings (AP), $245,793,000; DDG–1000 Program, $231,694,000; DDG–51 Destroyer, $1,615,564,000; DDG–51 Destroyer (AP), $388,551,000; Littoral Combat Ship, $1,793,014,000; Afloat Forward Staging Base (AP), $562,000,000; Joint High Speed Vessel, $10,332,000; Moored Training Ship, $207,300,000; LCAC Service Life Extension Program, $80,987,000; For Outfitting, post delivery, conversions, and first destination transportation, $450,163,000; and For Completion of Prior Year Shipbuilding Programs, $625,800,000. In all: $15,000,704,000, to remain available for obligation until September 30, 2018: Provided , That additional obligations may be incurred after September 30, 2018, for engineering services, tests, evaluations, and other such budgeted work that must be performed in the final stage of ship construction: Provided further , That none of the funds provided under this heading for the construction or conversion of any naval vessel to be constructed in shipyards in the United States shall be expended in foreign facilities for the construction of major components of such vessel: Provided further , That none of the funds provided under this heading shall be used for the construction of any naval vessel in foreign shipyards. Other Procurement, Navy For procurement, production, and modernization of support equipment and materials not otherwise provided for, Navy ordnance (except ordnance for new aircraft, new ships, and ships authorized for conversion); the purchase of passenger motor vehicles for replacement only; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway, $6,824,824,000, to remain available for obligation until September 30, 2016. Procurement, Marine Corps For expenses necessary for the procurement, manufacture, and modification of missiles, armament, military equipment, spare parts, and accessories therefor; plant equipment, appliances, and machine tools, and installation thereof in public and private plants; reserve plant and Government and contractor-owned equipment layaway; vehicles for the Marine Corps, including the purchase of passenger motor vehicles for replacement only; and expansion of public and private plants, including land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title, $1,271,311,000, to remain available for obligation until September 30, 2016. Aircraft Procurement, Air Force For construction, procurement, and modification of aircraft and equipment, including armor and armament, specialized ground handling equipment, and training devices, spare parts, and accessories therefor; specialized equipment; expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things, $10,860,606,000, to remain available for obligation until September 30, 2016. Missile Procurement, Air Force For construction, procurement, and modification of missiles, spacecraft, rockets, and related equipment, including spare parts and accessories therefor, ground handling equipment, and training devices; expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things, $5,267,119,000, to remain available for obligation until September 30, 2016. Procurement of Ammunition, Air Force For construction, procurement, production, and modification of ammunition, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including ammunition facilities, authorized by section 2854 of title 10, United States Code, and the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $743,442,000, to remain available for obligation until September 30, 2016. Other Procurement, Air Force For procurement and modification of equipment (including ground guidance and electronic control equipment, and ground electronic and communication equipment), and supplies, materials, and spare parts therefor, not otherwise provided for; the purchase of passenger motor vehicles for replacement only; lease of passenger motor vehicles; and expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon, prior to approval of title; reserve plant and Government and contractor-owned equipment layaway, $16,791,497,000, to remain available for obligation until September 30, 2016. Procurement, Defense-wide For expenses of activities and agencies of the Department of Defense (other than the military departments) necessary for procurement, production, and modification of equipment, supplies, materials, and spare parts therefor, not otherwise provided for; the purchase of passenger motor vehicles for replacement only; expansion of public and private plants, equipment, and installation thereof in such plants, erection of structures, and acquisition of land for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; reserve plant and Government and contractor-owned equipment layaway, $4,522,990,000, to remain available for obligation until September 30, 2016. Defense Production Act Purchases For activities by the Department of Defense pursuant to sections 108, 301, 302, and 303 of the Defense Production Act of 1950 ( 50 U.S.C. App. 2078 , 2091, 2092, and 2093), $75,135,000, to remain available until expended. IV Research, Development, Test and Evaluation Research, Development, Test and Evaluation, Army For expenses necessary for basic and applied scientific research, development, test and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, $7,961,486,000, to remain available for obligation until September 30, 2015. Research, Development, Test and Evaluation, Navy For expenses necessary for basic and applied scientific research, development, test and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, $15,368,352,000, to remain available for obligation until September 30, 2015: Provided , That funds appropriated in this paragraph which are available for the V-22 may be used to meet unique operational requirements of the Special Operations Forces: Provided further , That funds appropriated in this paragraph shall be available for the Cobra Judy program. Research, Development, Test and Evaluation, Air Force For expenses necessary for basic and applied scientific research, development, test and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, $24,947,354,000, to remain available for obligation until September 30, 2015. Research, Development, Test and Evaluation, Defense-wide (including transfer of funds) For expenses of activities and agencies of the Department of Defense (other than the military departments), necessary for basic and applied scientific research, development, test and evaluation; advanced research projects as may be designated and determined by the Secretary of Defense, pursuant to law; maintenance, rehabilitation, lease, and operation of facilities and equipment, $17,885,538,000, to remain available for obligation until September 30, 2015: Provided , That of the funds made available in this paragraph, $250,000,000 for the Defense Rapid Innovation Program shall only be available for expenses, not otherwise provided for, to include program management and oversight, to conduct research, development, test and evaluation to include proof of concept demonstration; engineering, testing, and validation; and transition to full-scale production: Provided further , That the Secretary of Defense may transfer funds provided herein for the Defense Rapid Innovation Program to appropriations for research, development, test and evaluation to accomplish the purpose provided herein: Provided further , That this transfer authority is in addition to any other transfer authority available to the Department of Defense: Provided further , That the Secretary of Defense shall, not fewer than 30 days prior to making transfers from this appropriation, notify the congressional defense committees in writing of the details of any such transfer. Operational Test and Evaluation, Defense For expenses, not otherwise provided for, necessary for the independent activities of the Director, Operational Test and Evaluation, in the direction and supervision of operational test and evaluation, including initial operational test and evaluation which is conducted prior to, and in support of, production decisions; joint operational testing and evaluation; and administrative expenses in connection therewith, $246,800,000, to remain available for obligation until September 30, 2015. V Revolving and management funds Defense Working Capital Funds For the Defense Working Capital Funds, $1,545,827,000. National Defense Sealift Fund For National Defense Sealift Fund programs, projects, and activities, and for expenses of the National Defense Reserve Fleet, as established by section 11 of the Merchant Ship Sales Act of 1946 ( 50 U.S.C. App. 1744 ), and for the necessary expenses to maintain and preserve a U.S.-flag merchant fleet to serve the national security needs of the United States, $595,700,000, to remain available until expended: Provided , That none of the funds provided in this paragraph shall be used to award a new contract that provides for the acquisition of any of the following major components unless such components are manufactured in the United States: auxiliary equipment, including pumps, for all shipboard services; propulsion system components (engines, reduction gears, and propellers); shipboard cranes; and spreaders for shipboard cranes: Provided further , That the exercise of an option in a contract awarded through the obligation of previously appropriated funds shall not be considered to be the award of a new contract: Provided further , That the Secretary of the military department responsible for such procurement may waive the restrictions in the first proviso on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate that adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis and that such an acquisition must be made in order to acquire capability for national security purposes. VI Other department of defense programs Defense Health Program For expenses, not otherwise provided for, for medical and health care programs of the Department of Defense as authorized by law, $33,573,582,000; of which $31,566,688,000 shall be for operation and maintenance, of which not to exceed one percent shall remain available for obligation until September 30, 2015 and of which up to $15,969,816,000 may be available for contracts entered into under the TRICARE program; of which $671,181,000, to remain available for obligation until September 30, 2016, shall be for procurement; and of which $1,335,713,000, to remain available for obligation until September 30, 2015, shall be for research, development, test and evaluation: Provided , That, notwithstanding any other provision of law, of the amount made available under this heading for research, development, test and evaluation, not less than $8,000,000 shall be available for HIV prevention educational activities undertaken in connection with United States military training, exercises, and humanitarian assistance activities conducted primarily in African nations: Provided further , That of the funds made available under this Act for research, development, test and evaluation, procurement, or operation and maintenance for the Defense Health Agency, not more than 25 percent may be used until the date on which the program plan for the oversight and execution of the integrated electronic health record program required by subtitle C of title VII of the National Defense Authorization Act for Fiscal Year 2014 is submitted to Congress. Chemical Agents and Munitions Destruction, Defense For expenses, not otherwise provided for, necessary for the destruction of the United States stockpile of lethal chemical agents and munitions in accordance with the provisions of section 1412 of the Department of Defense Authorization Act, 1986 ( 50 U.S.C. 1521 ), and for the destruction of other chemical warfare materials that are not in the chemical weapon stockpile, $1,057,123,000, of which $451,572,000 shall be for operation and maintenance, of which no less than $51,217,000 shall be for the Chemical Stockpile Emergency Preparedness Program, consisting of $21,489,000 for activities on military installations and $29,728,000, to remain available until September 30, 2015, to assist State and local governments; $1,368,000 shall be for procurement, to remain available until September 30, 2016, of which $1,368,000 shall be for the Chemical Stockpile Emergency Preparedness Program to assist State and local governments; and $604,183,000, to remain available until September 30, 2015, shall be for research, development, test and evaluation, of which $584,238,000 shall only be for the Assembled Chemical Weapons Alternatives (ACWA) program. Drug Interdiction and Counter-Drug Activities, Defense (including transfer of funds) For drug interdiction and counter-drug activities of the Department of Defense, for transfer to appropriations available to the Department of Defense for military personnel of the reserve components serving under the provisions of title 10 and title 32, United States Code; for operation and maintenance; for procurement; and for research, development, test and evaluation, $1,007,762,000: Provided , That the funds appropriated under this heading shall be available for obligation for the same time period and for the same purpose as the appropriation to which transferred: Provided further , That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further , That the transfer authority provided under this heading is in addition to any other transfer authority contained elsewhere in this Act. Office of the Inspector General For expenses and activities of the Office of the Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $347,000,000, of which $346,000,000 shall be for operation and maintenance, of which not to exceed $700,000 is available for emergencies and extraordinary expenses to be expended on the approval or authority of the Inspector General, and payments may be made on the Inspector General's certificate of necessity for confidential military purposes; and of which $1,000,000, to remain available until September 30, 2016, shall be for procurement. VII Related agencies Central Intelligence Agency Retirement and Disability System Fund For payment to the Central Intelligence Agency Retirement and Disability System Fund, to maintain the proper funding level for continuing the operation of the Central Intelligence Agency Retirement and Disability System, $514,000,000. Intelligence Community Management Account For necessary expenses of the Intelligence Community Management Account, $552,535,000. VIII General provisions 8001. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized by the Congress. 8002. During the current fiscal year, provisions of law prohibiting the payment of compensation to, or employment of, any person not a citizen of the United States shall not apply to personnel of the Department of Defense: Provided , That salary increases granted to direct and indirect hire foreign national employees of the Department of Defense funded by this Act shall not be at a rate in excess of the percentage increase authorized by law for civilian employees of the Department of Defense whose pay is computed under the provisions of section 5332 of title 5, United States Code, or at a rate in excess of the percentage increase provided by the appropriate host nation to its own employees, whichever is higher: Provided further , That this section shall not apply to Department of Defense foreign service national employees serving at United States diplomatic missions whose pay is set by the Department of State under the Foreign Service Act of 1980: Provided further , That the limitations of this provision shall not apply to foreign national employees of the Department of Defense in the Republic of Turkey. 8003. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year, unless expressly so provided herein. 8004. No more than 20 percent of the appropriations in this Act which are limited for obligation during the current fiscal year shall be obligated during the last 2 months of the fiscal year: Provided , That this section shall not apply to obligations for support of active duty training of reserve components or summer camp training of the Reserve Officers’ Training Corps. (transfer of funds) 8005. Upon determination by the Secretary of Defense that such action is necessary in the national interest, he may, with the approval of the Office of Management and Budget, transfer not to exceed $4,000,000,000 of working capital funds of the Department of Defense or funds made available in this Act to the Department of Defense for military functions (except military construction) between such appropriations or funds or any subdivision thereof, to be merged with and to be available for the same purposes, and for the same time period, as the appropriation or fund to which transferred: Provided , That such authority to transfer may not be used unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated and in no case where the item for which funds are requested has been denied by the Congress: Provided further, That the Secretary of Defense shall notify the Congress promptly of all transfers made pursuant to this authority or any other authority in this Act: Provided further , That no part of the funds in this Act shall be available to prepare or present a request to the Committees on Appropriations for reprogramming of funds, unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated and in no case where the item for which reprogramming is requested has been denied by the Congress: Provided further , That a request for multiple reprogrammings of funds using authority provided in this section shall be made prior to June 30, 2014: Provided further , That transfers among military personnel appropriations shall not be taken into account for purposes of the limitation on the amount of funds that may be transferred under this section. 8006. (a) With regard to the list of specific programs, projects, and activities (and the dollar amounts and adjustments to budget activities corresponding to such programs, projects, and activities) contained in the tables titled Explanation of Project Level Adjustments in the explanatory statement regarding this Act the obligation and expenditure of amounts appropriated or otherwise made available in this Act for those programs, projects, and activities for which the amounts appropriated exceed the amounts requested are hereby required by law to be carried out in the manner provided by such tables to the same extent as if the tables were included in the text of this Act. (b) Amounts specified in the referenced tables described in subsection (a) shall not be treated as subdivisions of appropriations for purposes of section 8005 of this Act: Provided , That section 8005 shall apply when transfers of the amounts described in subsection (a) occur between appropriation accounts. 8007. (a) Not later than 60 days after enactment of this Act, the Department of Defense shall submit a report to the congressional defense committees to establish the baseline for application of reprogramming and transfer authorities for fiscal year 2014: Provided , That the report shall include— (1) a table for each appropriation with a separate column to display the President's budget request, adjustments made by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; (2) a delineation in the table for each appropriation both by budget activity and program, project, and activity as detailed in the Budget Appendix; and (3) an identification of items of special congressional interest. (b) Notwithstanding section 8005 of this Act, none of the funds provided in this Act shall be available for reprogramming or transfer until the report identified in subsection (a) is submitted to the congressional defense committees, unless the Secretary of Defense certifies in writing to the congressional defense committees that such reprogramming or transfer is necessary as an emergency requirement. (transfer of funds) 8008. During the current fiscal year, cash balances in working capital funds of the Department of Defense established pursuant to section 2208 of title 10, United States Code, may be maintained in only such amounts as are necessary at any time for cash disbursements to be made from such funds: Provided , That transfers may be made between such funds: Provided further , That transfers may be made between working capital funds and the Foreign Currency Fluctuations, Defense appropriation and the Operation and Maintenance appropriation accounts in such amounts as may be determined by the Secretary of Defense, with the approval of the Office of Management and Budget, except that such transfers may not be made unless the Secretary of Defense has notified the Congress of the proposed transfer. Except in amounts equal to the amounts appropriated to working capital funds in this Act, no obligations may be made against a working capital fund to procure or increase the value of war reserve material inventory, unless the Secretary of Defense has notified the Congress prior to any such obligation. 8009. Funds appropriated by this Act may not be used to initiate a special access program without prior notification 30 calendar days in advance to the congressional defense committees. 8010. None of the funds provided in this Act shall be available to initiate: (1) a multiyear contract that employs economic order quantity procurement in excess of $20,000,000 in any one year of the contract or that includes an unfunded contingent liability in excess of $20,000,000; or (2) a contract for advance procurement leading to a multiyear contract that employs economic order quantity procurement in excess of $20,000,000 in any one year, unless the congressional defense committees have been notified at least 30 days in advance of the proposed contract award: Provided , That no part of any appropriation contained in this Act shall be available to initiate a multiyear contract for which the economic order quantity advance procurement is not funded at least to the limits of the Government’s liability: Provided further , That no part of any appropriation contained in this Act shall be available to initiate multiyear procurement contracts for any systems or component thereof if the value of the multiyear contract would exceed $500,000,000 unless specifically provided in this Act: Provided further , That no multiyear procurement contract can be terminated without 10-day prior notification to the congressional defense committees: Provided further , That the execution of multiyear authority shall require the use of a present value analysis to determine lowest cost compared to an annual procurement: Provided further , That none of the funds provided in this Act may be used for a multiyear contract executed after the date of the enactment of this Act unless in the case of any such contract— (1) the Secretary of Defense has submitted to Congress a budget request for full funding of units to be procured through the contract and, in the case of a contract for procurement of aircraft, that includes, for any aircraft unit to be procured through the contract for which procurement funds are requested in that budget request for production beyond advance procurement activities in the fiscal year covered by the budget, full funding of procurement of such unit in that fiscal year; (2) cancellation provisions in the contract do not include consideration of recurring manufacturing costs of the contractor associated with the production of unfunded units to be delivered under the contract; (3) the contract provides that payments to the contractor under the contract shall not be made in advance of incurred costs on funded units; and (4) the contract does not provide for a price adjustment based on a failure to award a follow-on contract. Funds appropriated in title III of this Act may be used for a multiyear procurement contract as follows: E–2D Advanced Hawkeye, SSN 774 Virginia class submarine, KC-130J, C-130J, HC-130J, MC-130J, AC-130J aircraft, Ground-Based Midcourse Defense System Ground-Based Interceptors, and government furnished equipment. 8011. Within the funds appropriated for the operation and maintenance of the Armed Forces, funds are hereby appropriated pursuant to section 401 of title 10, United States Code, for humanitarian and civic assistance costs under chapter 20 of title 10, United States Code. Such funds may also be obligated for humanitarian and civic assistance costs incidental to authorized operations and pursuant to authority granted in section 401 of chapter 20 of title 10, United States Code, and these obligations shall be reported as required by section 401(d) of title 10, United States Code: Provided , That funds available for operation and maintenance shall be available for providing humanitarian and similar assistance by using Civic Action Teams in the Trust Territories of the Pacific Islands and freely associated states of Micronesia, pursuant to the Compact of Free Association as authorized by Public Law 99–239 : Provided further , That upon a determination by the Secretary of the Army that such action is beneficial for graduate medical education programs conducted at Army medical facilities located in Hawaii, the Secretary of the Army may authorize the provision of medical services at such facilities and transportation to such facilities, on a nonreimbursable basis, for civilian patients from American Samoa, the Commonwealth of the Northern Mariana Islands, the Marshall Islands, the Federated States of Micronesia, Palau, and Guam. 8012. (a) During fiscal year 2014, the civilian personnel of the Department of Defense may not be managed on the basis of any end-strength, and the management of such personnel during that fiscal year shall not be subject to any constraint or limitation (known as an end-strength) on the number of such personnel who may be employed on the last day of such fiscal year. (b) The fiscal year 2015 budget request for the Department of Defense as well as all justification material and other documentation supporting the fiscal year 2015 Department of Defense budget request shall be prepared and submitted to the Congress as if subsections (a) and (c) of this provision were effective with regard to fiscal year 2015. (c) Nothing in this section shall be construed to apply to military (civilian) technicians. 8013. None of the funds made available by this Act shall be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before the Congress. 8014. None of the funds appropriated by this Act shall be available for the basic pay and allowances of any member of the Army participating as a full-time student and receiving benefits paid by the Secretary of Veterans Affairs from the Department of Defense Education Benefits Fund when time spent as a full-time student is credited toward completion of a service commitment: Provided , That this section shall not apply to those members who have reenlisted with this option prior to October 1, 1987: Provided further , That this section applies only to active components of the Army. (transfer of funds) 8015. Funds appropriated in title III of this Act for the Department of Defense Pilot Mentor-Protege Program may be transferred to any other appropriation contained in this Act solely for the purpose of implementing a Mentor-Protege Program developmental assistance agreement pursuant to section 831 of the National Defense Authorization Act for Fiscal Year 1991 ( Public Law 101–510 ; 10 U.S.C. 2302 note), as amended, under the authority of this provision or any other transfer authority contained in this Act. 8016. None of the funds in this Act may be available for the purchase by the Department of Defense (and its departments and agencies) of welded shipboard anchor and mooring chain 4 inches in diameter and under unless the anchor and mooring chain are manufactured in the United States from components which are substantially manufactured in the United States: Provided , That for the purpose of this section, the term manufactured shall include cutting, heat treating, quality control, testing of chain and welding (including the forging and shot blasting process): Provided further , That for the purpose of this section substantially all of the components of anchor and mooring chain shall be considered to be produced or manufactured in the United States if the aggregate cost of the components produced or manufactured in the United States exceeds the aggregate cost of the components produced or manufactured outside the United States: Provided further , That when adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis, the Secretary of the Service responsible for the procurement may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations that such an acquisition must be made in order to acquire capability for national security purposes. 8017. None of the funds available to the Department of Defense in the current fiscal year and any fiscal year thereafter may be used to demilitarize or dispose of M–1 Carbines, M–1 Garand rifles, M–14 rifles, .22 caliber rifles, .30 caliber rifles, or M–1911 pistols, or to demilitarize or destroy small arms ammunition or ammunition components that are not otherwise prohibited from commercial sale under Federal law, unless the small arms ammunition or ammunition components are certified by the Secretary of the Army or designee as unserviceable or unsafe for further use. 8018. No more than $500,000 of the funds appropriated or made available in this Act shall be used during a single fiscal year for any single relocation of an organization, unit, activity or function of the Department of Defense into or within the National Capital Region: Provided , That the Secretary of Defense may waive this restriction on a case-by-case basis by certifying in writing to the congressional defense committees that such a relocation is required in the best interest of the Government. 8019. In addition to the funds provided elsewhere in this Act, $15,000,000 is appropriated only for incentive payments authorized by section 504 of the Indian Financing Act of 1974 ( 25 U.S.C. 1544 ): Provided , That a prime contractor or a subcontractor at any tier that makes a subcontract award to any subcontractor or supplier as defined in section 1544 of title 25, United States Code, or a small business owned and controlled by an individual or individuals defined under section 4221(9) of title 25, United States Code, shall be considered a contractor for the purposes of being allowed additional compensation under section 504 of the Indian Financing Act of 1974 ( 25 U.S.C. 1544 ) whenever the prime contract or subcontract amount is over $500,000 and involves the expenditure of funds appropriated by an Act making Appropriations for the Department of Defense with respect to any fiscal year: Provided further , That notwithstanding section 1906 of title 41, United States Code, this section shall be applicable to any Department of Defense acquisition of supplies or services, including any contract and any subcontract at any tier for acquisition of commercial items produced or manufactured, in whole or in part, by any subcontractor or supplier defined in section 1544 of title 25, United States Code, or a small business owned and controlled by an individual or individuals defined under section 4221(9) of title 25, United States Code. 8020. Funds appropriated by this Act for the Defense Media Activity shall not be used for any national or international political or psychological activities. 8021. During the current fiscal year, the Department of Defense is authorized to incur obligations of not to exceed $350,000,000 for purposes specified in section 2350j(c) of title 10, United States Code, in anticipation of receipt of contributions, only from the Government of Kuwait, under that section: Provided , That upon receipt, such contributions from the Government of Kuwait shall be credited to the appropriations or fund which incurred such obligations. 8022. (a) Of the funds made available in this Act, not less than $39,532,000 shall be available for the Civil Air Patrol Corporation, of which— (1) $28,400,000 shall be available from Operation and Maintenance, Air Force to support Civil Air Patrol Corporation operation and maintenance, readiness, counterdrug activities, and drug demand reduction activities involving youth programs; (2) $10,200,000 shall be available from Aircraft Procurement, Air Force ; and (3) $932,000 shall be available from Other Procurement, Air Force for vehicle procurement. (b) The Secretary of the Air Force should waive reimbursement for any funds used by the Civil Air Patrol for counter-drug activities in support of Federal, State, and local government agencies. 8023. (a) None of the funds appropriated in this Act are available to establish a new Department of Defense (department) federally funded research and development center (FFRDC), either as a new entity, or as a separate entity administrated by an organization managing another FFRDC, or as a nonprofit membership corporation consisting of a consortium of other FFRDCs and other nonprofit entities. (b) No member of a Board of Directors, Trustees, Overseers, Advisory Group, Special Issues Panel, Visiting Committee, or any similar entity of a defense FFRDC, and no paid consultant to any defense FFRDC, except when acting in a technical advisory capacity, may be compensated for his or her services as a member of such entity, or as a paid consultant by more than one FFRDC in a fiscal year: Provided , That a member of any such entity referred to previously in this subsection shall be allowed travel expenses and per diem as authorized under the Federal Joint Travel Regulations, when engaged in the performance of membership duties. (c) Notwithstanding any other provision of law, none of the funds available to the department from any source during fiscal year 2014 may be used by a defense FFRDC, through a fee or other payment mechanism, for construction of new buildings, for payment of cost sharing for projects funded by Government grants, for absorption of contract overruns, or for certain charitable contributions, not to include employee participation in community service and/or development. (d) Notwithstanding any other provision of law, of the funds available to the department during fiscal year 2014, not more than 5,750 staff years of technical effort (staff years) may be funded for defense FFRDCs: Provided, That of the specific amount referred to previously in this subsection, not more than 1,125 staff years may be funded for the defense studies and analysis FFRDCs: Provided further , That this subsection shall not apply to staff years funded in the National Intelligence Program (NIP) and the Military Intelligence Program (MIP). (e) The Secretary of Defense shall, with the submission of the department’s fiscal year 2015 budget request, submit a report presenting the specific amounts of staff years of technical effort to be allocated for each defense FFRDC during that fiscal year and the associated budget estimates. (f) Notwithstanding any other provision of this Act, the total amount appropriated in this Act for FFRDCs is hereby reduced by $40,000,000. 8024. None of the funds appropriated or made available in this Act shall be used to procure carbon, alloy, or armor steel plate for use in any Government-owned facility or property under the control of the Department of Defense which were not melted and rolled in the United States or Canada: Provided , That these procurement restrictions shall apply to any and all Federal Supply Class 9515, American Society of Testing and Materials (ASTM) or American Iron and Steel Institute (AISI) specifications of carbon, alloy, or armor steel plate: Provided further , That the Secretary of the military department responsible for the procurement may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate that adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis and that such an acquisition must be made in order to acquire capability for national security purposes: Provided further , That these restrictions shall not apply to contracts which are in being as of the date of the enactment of this Act. 8025. For the purposes of this Act, the term congressional defense committees means the Armed Services Committee of the House of Representatives, the Armed Services Committee of the Senate, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives. 8026. During the current fiscal year, the Department of Defense may acquire the modification, depot maintenance and repair of aircraft, vehicles and vessels as well as the production of components and other Defense-related articles, through competition between Department of Defense depot maintenance activities and private firms: Provided , That the Senior Acquisition Executive of the military department or Defense Agency concerned, with power of delegation, shall certify that successful bids include comparable estimates of all direct and indirect costs for both public and private bids: Provided further , That Office of Management and Budget Circular A–76 shall not apply to competitions conducted under this section. 8027. (a) (1) If the Secretary of Defense, after consultation with the United States Trade Representative, determines that a foreign country which is party to an agreement described in paragraph (2) has violated the terms of the agreement by discriminating against certain types of products produced in the United States that are covered by the agreement, the Secretary of Defense shall rescind the Secretary's blanket waiver of the Buy American Act with respect to such types of products produced in that foreign country. (2) An agreement referred to in paragraph (1) is any reciprocal defense procurement memorandum of understanding, between the United States and a foreign country pursuant to which the Secretary of Defense has prospectively waived the Buy American Act for certain products in that country. (b) The Secretary of Defense shall submit to the Congress a report on the amount of Department of Defense purchases from foreign entities in fiscal year 2014. Such report shall separately indicate the dollar value of items for which the Buy American Act was waived pursuant to any agreement described in subsection (a)(2), the Trade Agreement Act of 1979 ( 19 U.S.C. 2501 et seq. ), or any international agreement to which the United States is a party. (c) For purposes of this section, the term Buy American Act means chapter 83 of title 41, United States Code. 8028. During the current fiscal year, amounts contained in the Department of Defense Overseas Military Facility Investment Recovery Account established by section 2921(c)(1) of the National Defense Authorization Act of 1991 ( Public Law 101–510 ; 10 U.S.C. 2687 note) shall be available until expended for the payments specified by section 2921(c)(2) of that Act. 8029. (a) Notwithstanding any other provision of law, the Secretary of the Air Force may convey at no cost to the Air Force, without consideration, to Indian tribes located in the States of Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota, and Washington relocatable military housing units located at Grand Forks Air Force Base, Malmstrom Air Force Base, Mountain Home Air Force Base, Ellsworth Air Force Base, and Minot Air Force Base that are excess to the needs of the Air Force. (b) The Secretary of the Air Force shall convey, at no cost to the Air Force, military housing units under subsection (a) in accordance with the request for such units that are submitted to the Secretary by the Operation Walking Shield Program on behalf of Indian tribes located in the States of Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota, and Washington. Any such conveyance shall be subject to the condition that the housing units shall be removed within a reasonable period of time, as determined by the Secretary. (c) The Operation Walking Shield Program shall resolve any conflicts among requests of Indian tribes for housing units under subsection (a) before submitting requests to the Secretary of the Air Force under subsection (b). (d) In this section, the term Indian tribe means any recognized Indian tribe included on the current list published by the Secretary of the Interior under section 104 of the Federally Recognized Indian Tribe Act of 1994 ( Public Law 103–454 ; 108 Stat. 4792; 25 U.S.C. 479a–1 ). 8030. During the current fiscal year, appropriations which are available to the Department of Defense for operation and maintenance may be used to purchase items having an investment item unit cost of not more than $250,000. 8031. (a) During the current fiscal year, none of the appropriations or funds available to the Department of Defense Working Capital Funds shall be used for the purchase of an investment item for the purpose of acquiring a new inventory item for sale or anticipated sale during the current fiscal year or a subsequent fiscal year to customers of the Department of Defense Working Capital Funds if such an item would not have been chargeable to the Department of Defense Business Operations Fund during fiscal year 1994 and if the purchase of such an investment item would be chargeable during the current fiscal year to appropriations made to the Department of Defense for procurement. (b) The fiscal year 2015 budget request for the Department of Defense, as well as all justification material and other documentation supporting the fiscal year 2015 Department of Defense budget, shall be prepared and submitted to the Congress on the basis that any equipment which was classified as an end item and funded in a procurement appropriation contained in this Act shall be budgeted for in a proposed fiscal year 2015 procurement appropriation and not in the supply management business area or any other area or category of the Department of Defense Working Capital Funds. 8032. None of the funds appropriated by this Act for programs of the Central Intelligence Agency shall remain available for obligation beyond the current fiscal year, except for funds appropriated for the Reserve for Contingencies, which shall remain available until September 30, 2015: Provided , That funds appropriated, transferred, or otherwise credited to the Central Intelligence Agency Central Services Working Capital Fund during this or any prior or subsequent fiscal year shall remain available until expended: Provided further , That any funds appropriated or transferred to the Central Intelligence Agency for advanced research and development acquisition, for agent operations, and for covert action programs authorized by the President under section 503 of the National Security Act of 1947 ( 50 U.S.C. 3093 ) shall remain available until September 30, 2015. 8033. Notwithstanding any other provision of law, funds made available in this Act for the Defense Intelligence Agency may be used for the design, development, and deployment of General Defense Intelligence Program intelligence communications and intelligence information systems for the Services, the Unified and Specified Commands, and the component commands. 8034. Of the funds appropriated to the Department of Defense under the heading Operation and Maintenance, Defense-Wide , not less than $12,000,000 shall be made available only for the mitigation of environmental impacts, including training and technical assistance to tribes, related administrative support, the gathering of information, documenting of environmental damage, and developing a system for prioritization of mitigation and cost to complete estimates for mitigation, on Indian lands resulting from Department of Defense activities. 8035. (a) None of the funds appropriated in this Act may be expended by an entity of the Department of Defense unless the entity, in expending the funds, complies with the Buy American Act. For purposes of this subsection, the term Buy American Act means chapter 83 of title 41, United States Code. (b) If the Secretary of Defense determines that a person has been convicted of intentionally affixing a label bearing a Made in America inscription to any product sold in or shipped to the United States that is not made in America, the Secretary shall determine, in accordance with section 2410f of title 10, United States Code, whether the person should be debarred from contracting with the Department of Defense. (c) In the case of any equipment or products purchased with appropriations provided under this Act, it is the sense of the Congress that any entity of the Department of Defense, in expending the appropriation, purchase only American-made equipment and products, provided that American-made equipment and products are cost-competitive, quality competitive, and available in a timely fashion. 8036. None of the funds appropriated by this Act shall be available for a contract for studies, analysis, or consulting services entered into without competition on the basis of an unsolicited proposal unless the head of the activity responsible for the procurement determines— (1) as a result of thorough technical evaluation, only one source is found fully qualified to perform the proposed work; (2) the purpose of the contract is to explore an unsolicited proposal which offers significant scientific or technological promise, represents the product of original thinking, and was submitted in confidence by one source; or (3) the purpose of the contract is to take advantage of unique and significant industrial accomplishment by a specific concern, or to insure that a new product or idea of a specific concern is given financial support: Provided , That this limitation shall not apply to contracts in an amount of less than $25,000, contracts related to improvements of equipment that is in development or production, or contracts as to which a civilian official of the Department of Defense, who has been confirmed by the Senate, determines that the award of such contract is in the interest of the national defense. 8037. (a) Except as provided in subsections (b) and (c), none of the funds made available by this Act may be used— (1) to establish a field operating agency; or (2) to pay the basic pay of a member of the Armed Forces or civilian employee of the department who is transferred or reassigned from a headquarters activity if the member or employee’s place of duty remains at the location of that headquarters. (b) The Secretary of Defense or Secretary of a military department may waive the limitations in subsection (a), on a case-by-case basis, if the Secretary determines, and certifies to the Committees on Appropriations of the House of Representatives and the Senate that the granting of the waiver will reduce the personnel requirements or the financial requirements of the department. (c) This section does not apply to— (1) field operating agencies funded within the National Intelligence Program; (2) an Army field operating agency established to eliminate, mitigate, or counter the effects of improvised explosive devices, and, as determined by the Secretary of the Army, other similar threats; or (3) an Army field operating agency established to improve the effectiveness and efficiencies of biometric activities and to integrate common biometric technologies throughout the Department of Defense. 8038. The Secretary of Defense, notwithstanding any other provision of law, acting through the Office of Economic Adjustment of the Department of Defense, may use funds made available in this Act under the heading Operation and Maintenance, Defense-Wide to make grants and supplement other Federal funds in accordance with the guidance provided in the explanatory statement accompanying this Act. 8039. (a) None of the funds appropriated by this Act shall be available to convert to contractor performance an activity or function of the Department of Defense that, on or after the date of the enactment of this Act, is performed by Department of Defense civilian employees unless— (1) the conversion is based on the result of a public-private competition that includes a most efficient and cost effective organization plan developed by such activity or function; (2) the Competitive Sourcing Official determines that, over all performance periods stated in the solicitation of offers for performance of the activity or function, the cost of performance of the activity or function by a contractor would be less costly to the Department of Defense by an amount that equals or exceeds the lesser of— (A) 10 percent of the most efficient organization’s personnel-related costs for performance of that activity or function by Federal employees; or (B) $10,000,000; and (3) the contractor does not receive an advantage for a proposal that would reduce costs for the Department of Defense by— (A) not making an employer-sponsored health insurance plan available to the workers who are to be employed in the performance of that activity or function under the contract; or (B) offering to such workers an employer-sponsored health benefits plan that requires the employer to contribute less towards the premium or subscription share than the amount that is paid by the Department of Defense for health benefits for civilian employees under chapter 89 of title 5, United States Code. (b) (1) The Department of Defense, without regard to subsection (a) of this section or subsection (a), (b), or (c) of section 2461 of title 10, United States Code, and notwithstanding any administrative regulation, requirement, or policy to the contrary shall have full authority to enter into a contract for the performance of any commercial or industrial type function of the Department of Defense that— (A) is included on the procurement list established pursuant to section 2 of the Javits-Wagner-O’Day Act ( section 8503 of title 41, United States Code); (B) is planned to be converted to performance by a qualified nonprofit agency for the blind or by a qualified nonprofit agency for other severely handicapped individuals in accordance with that Act; or (C) is planned to be converted to performance by a qualified firm under at least 51 percent ownership by an Indian tribe, as defined in section 4(e) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b(e) ), or a Native Hawaiian Organization, as defined in section 8(a)(15) of the Small Business Act ( 15 U.S.C. 637(a)(15) ). (2) This section shall not apply to depot contracts or contracts for depot maintenance as provided in sections 2469 and 2474 of title 10, United States Code. (c) The conversion of any activity or function of the Department of Defense under the authority provided by this section shall be credited toward any competitive or outsourcing goal, target, or measurement that may be established by statute, regulation, or policy and is deemed to be awarded under the authority of, and in compliance with, subsection (h) of section 2304 of title 10, United States Code, for the competition or outsourcing of commercial activities. (rescissions) 8040. Of the funds appropriated in Department of Defense Appropriations Acts, the following funds are hereby rescinded from the following accounts and programs in the specified amounts: National Defense Sealift Fund, 2011/XXXX , $28,000,000; National Defense Sealift Fund, 2012/XXXX , $14,000,000; Aircraft Procurement, Navy, 2012/2014 , $30,000,000; Aircraft Procurement, Air Force, 2012/2014 , $443,000,000; Missile Procurement, Air Force, 2012/2014 , $10,000,000; Aircraft Procurement, Navy, 2013/2015 , $85,000,000; Weapons Procurement, Navy, 2013/2015 , $5,000,000; Shipbuilding and Conversion, Navy, 2013/ 2017 : CVN-71, $68,000,000; Other Procurement, Navy, 2013/2015 , $3,553,000; Procurement, Marine Corps, 2013/2015 , $12,650,000; Missile Procurement, Air Force, 2013/2015 , $60,000,000; Other Procurement, Air Force, 2013/2015 , $38,900,000; Procurement, Defense-Wide, 2013/2015 , $72,776,000; Research, Development, Test and Evaluation, Army, 2013/2014 , $380,861,000; Research, Development, Test and Evaluation, Navy, 2013/2014 , $49,331,000; Research, Development, Test and Evaluation, Air Force, 2013/2014 , $115,000,000; Research, Development, Test and Evaluation, Defense-Wide, 2013/2014 , $213,000,000; Ship Modernization Operations and Sustainment Fund, 2013/2014 , $1,414,500,000. 8041. None of the funds available in this Act may be used to reduce the authorized positions for military technicians (dual status) of the Army National Guard, Air National Guard, Army Reserve and Air Force Reserve for the purpose of applying any administratively imposed civilian personnel ceiling, freeze, or reduction on military technicians (dual status), unless such reductions are a direct result of a reduction in military force structure. 8042. None of the funds appropriated or otherwise made available in this Act may be obligated or expended for assistance to the Democratic People's Republic of Korea unless specifically appropriated for that purpose. 8043. Funds appropriated in this Act for operation and maintenance of the Military Departments, Combatant Commands and Defense Agencies shall be available for reimbursement of pay, allowances and other expenses which would otherwise be incurred against appropriations for the National Guard and Reserve when members of the National Guard and Reserve provide intelligence or counterintelligence support to Combatant Commands, Defense Agencies and Joint Intelligence Activities, including the activities and programs included within the National Intelligence Program and the Military Intelligence Program: Provided , That nothing in this section authorizes deviation from established Reserve and National Guard personnel and training procedures. 8044. During the current fiscal year, none of the funds appropriated in this Act may be used to reduce the civilian medical and medical support personnel assigned to military treatment facilities below the September 30, 2003, level: Provided , That the Service Surgeons General may waive this section by certifying to the congressional defense committees that the beneficiary population is declining in some catchment areas and civilian strength reductions may be consistent with responsible resource stewardship and capitation-based budgeting. 8045. (a) None of the funds available to the Department of Defense for any fiscal year for drug interdiction or counter-drug activities may be transferred to any other department or agency of the United States except as specifically provided in an appropriations law. (b) None of the funds available to the Central Intelligence Agency for any fiscal year for drug interdiction and counter-drug activities may be transferred to any other department or agency of the United States except as specifically provided in an appropriations law. 8046. None of the funds appropriated by this Act may be used for the procurement of ball and roller bearings other than those produced by a domestic source and of domestic origin: Provided , That the Secretary of the military department responsible for such procurement may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate, that adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis and that such an acquisition must be made in order to acquire capability for national security purposes: Provided further , That this restriction shall not apply to the purchase of commercial items , as defined by section 4(12) of the Office of Federal Procurement Policy Act, except that the restriction shall apply to ball or roller bearings purchased as end items. 8047. None of the funds in this Act may be used to purchase any supercomputer which is not manufactured in the United States, unless the Secretary of Defense certifies to the congressional defense committees that such an acquisition must be made in order to acquire capability for national security purposes that is not available from United States manufacturers. 8048. None of the funds made available in this or any other Act may be used to pay the salary of any officer or employee of the Department of Defense who approves or implements the transfer of administrative responsibilities or budgetary resources of any program, project, or activity financed by this Act to the jurisdiction of another Federal agency not financed by this Act without the express authorization of Congress: Provided , That this limitation shall not apply to transfers of funds expressly provided for in Defense Appropriations Acts, or provisions of Acts providing supplemental appropriations for the Department of Defense. 8049. (a) Notwithstanding any other provision of law, none of the funds available to the Department of Defense for the current fiscal year may be obligated or expended to transfer to another nation or an international organization any defense articles or services (other than intelligence services) for use in the activities described in subsection (b) unless the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate are notified 15 days in advance of such transfer. (b) This section applies to— (1) any international peacekeeping or peace-enforcement operation under the authority of chapter VI or chapter VII of the United Nations Charter under the authority of a United Nations Security Council resolution; and (2) any other international peacekeeping, peace-enforcement, or humanitarian assistance operation. (c) A notice under subsection (a) shall include the following: (1) A description of the equipment, supplies, or services to be transferred. (2) A statement of the value of the equipment, supplies, or services to be transferred. (3) In the case of a proposed transfer of equipment or supplies— (A) a statement of whether the inventory requirements of all elements of the Armed Forces (including the reserve components) for the type of equipment or supplies to be transferred have been met; and (B) a statement of whether the items proposed to be transferred will have to be replaced and, if so, how the President proposes to provide funds for such replacement. 8050. None of the funds available to the Department of Defense under this Act shall be obligated or expended to pay a contractor under a contract with the Department of Defense for costs of any amount paid by the contractor to an employee when— (1) such costs are for a bonus or otherwise in excess of the normal salary paid by the contractor to the employee; and (2) such bonus is part of restructuring costs associated with a business combination. (including transfer of funds) 8051. During the current fiscal year, no more than $30,000,000 of appropriations made in this Act under the heading Operation and Maintenance, Defense-Wide may be transferred to appropriations available for the pay of military personnel, to be merged with, and to be available for the same time period as the appropriations to which transferred, to be used in support of such personnel in connection with support and services for eligible organizations and activities outside the Department of Defense pursuant to section 2012 of title 10, United States Code. 8052. During the current fiscal year, in the case of an appropriation account of the Department of Defense for which the period of availability for obligation has expired or which has closed under the provisions of section 1552 of title 31, United States Code, and which has a negative unliquidated or unexpended balance, an obligation or an adjustment of an obligation may be charged to any current appropriation account for the same purpose as the expired or closed account if— (1) the obligation would have been properly chargeable (except as to amount) to the expired or closed account before the end of the period of availability or closing of that account; (2) the obligation is not otherwise properly chargeable to any current appropriation account of the Department of Defense; and (3) in the case of an expired account, the obligation is not chargeable to a current appropriation of the Department of Defense under the provisions of section 1405(b)(8) of the National Defense Authorization Act for Fiscal Year 1991, Public Law 101–510 , as amended ( 31 U.S.C. 1551 note): Provided , That in the case of an expired account, if subsequent review or investigation discloses that there was not in fact a negative unliquidated or unexpended balance in the account, any charge to a current account under the authority of this section shall be reversed and recorded against the expired account: Provided further , That the total amount charged to a current appropriation under this section may not exceed an amount equal to 1 percent of the total appropriation for that account. 8053. (a) Notwithstanding any other provision of law, the Chief of the National Guard Bureau may permit the use of equipment of the National Guard Distance Learning Project by any person or entity on a space-available, reimbursable basis. The Chief of the National Guard Bureau shall establish the amount of reimbursement for such use on a case-by-case basis. (b) Amounts collected under subsection (a) shall be credited to funds available for the National Guard Distance Learning Project and be available to defray the costs associated with the use of equipment of the project under that subsection. Such funds shall be available for such purposes without fiscal year limitation. 8054. Using funds made available by this Act or any other Act, the Secretary of the Air Force, pursuant to a determination under section 2690 of title 10, United States Code, may implement cost-effective agreements for required heating facility modernization in the Kaiserslautern Military Community in the Federal Republic of Germany: Provided , That in the City of Kaiserslautern and at the Rhine Ordnance Barracks area, such agreements will include the use of United States anthracite as the base load energy for municipal district heat to the United States Defense installations: Provided further , That at Landstuhl Army Regional Medical Center and Ramstein Air Base, furnished heat may be obtained from private, regional or municipal services, if provisions are included for the consideration of United States coal as an energy source. 8055. None of the funds appropriated in title IV of this Act may be used to procure end-items for delivery to military forces for operational training, operational use or inventory requirements: Provided , That this restriction does not apply to end-items used in development, prototyping, and test activities preceding and leading to acceptance for operational use: Provided further , That this restriction does not apply to programs funded within the National Intelligence Program: Provided further , That the Secretary of Defense may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate that it is in the national security interest to do so. 8056. (a) The Secretary of Defense may, on a case-by-case basis, waive with respect to a foreign country each limitation on the procurement of defense items from foreign sources provided in law if the Secretary determines that the application of the limitation with respect to that country would invalidate cooperative programs entered into between the Department of Defense and the foreign country, or would invalidate reciprocal trade agreements for the procurement of defense items entered into under section 2531 of title 10, United States Code, and the country does not discriminate against the same or similar defense items produced in the United States for that country. (b) Subsection (a) applies with respect to— (1) contracts and subcontracts entered into on or after the date of the enactment of this Act; and (2) options for the procurement of items that are exercised after such date under contracts that are entered into before such date if the option prices are adjusted for any reason other than the application of a waiver granted under subsection (a). (c) Subsection (a) does not apply to a limitation regarding construction of public vessels, ball and roller bearings, food, and clothing or textile materials as defined by section 11 (chapters 50–65) of the Harmonized Tariff Schedule and products classified under headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 8211, 8215, and 9404. 8057. (a) None of the funds made available by this Act may be used to support any training program involving a unit of the security forces or police of a foreign country if the Secretary of Defense has received credible information from the Department of State that the unit has committed a gross violation of human rights, unless all necessary corrective steps have been taken. (b) The Secretary of Defense, in consultation with the Secretary of State, shall ensure that prior to a decision to conduct any training program referred to in subsection (a), full consideration is given to all credible information available to the Department of State relating to human rights violations by foreign security forces. (c) The Secretary of Defense, after consultation with the Secretary of State, may waive the prohibition in subsection (a) if he determines that such waiver is required by extraordinary circumstances. (d) Not more than 15 days after the exercise of any waiver under subsection (c), the Secretary of Defense shall submit a report to the congressional defense committees describing the extraordinary circumstances, the purpose and duration of the training program, the United States forces and the foreign security forces involved in the training program, and the information relating to human rights violations that necessitates the waiver. 8058. None of the funds appropriated or otherwise made available by this or other Department of Defense Appropriations Acts may be obligated or expended for the purpose of performing repairs or maintenance to military family housing units of the Department of Defense, including areas in such military family housing units that may be used for the purpose of conducting official Department of Defense business. 8059. Notwithstanding any other provision of law, funds appropriated in this Act under the heading Research, Development, Test and Evaluation, Defense-Wide for any new start advanced concept technology demonstration project or joint capability demonstration project may only be obligated 45 days after a report, including a description of the project, the planned acquisition and transition strategy and its estimated annual and total cost, has been provided in writing to the congressional defense committees: Provided , That the Secretary of Defense may waive this restriction on a case-by-case basis by certifying to the congressional defense committees that it is in the national interest to do so. 8060. The Secretary of Defense shall provide a classified quarterly report beginning 30 days after enactment of this Act, to the House and Senate Appropriations Committees, Subcommittees on Defense on certain matters as directed in the classified annex accompanying this Act. 8061. During the current fiscal year, none of the funds available to the Department of Defense may be used to provide support to another department or agency of the United States if such department or agency is more than 90 days in arrears in making payment to the Department of Defense for goods or services previously provided to such department or agency on a reimbursable basis: Provided , That this restriction shall not apply if the department is authorized by law to provide support to such department or agency on a nonreimbursable basis, and is providing the requested support pursuant to such authority: Provided further , That the Secretary of Defense may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate that it is in the national security interest to do so. 8062. Notwithstanding section 12310(b) of title 10, United States Code, a Reserve who is a member of the National Guard serving on full-time National Guard duty under section 502(f) of title 32, United States Code, may perform duties in support of the ground-based elements of the National Ballistic Missile Defense System. 8063. None of the funds provided in this Act may be used to transfer to any nongovernmental entity ammunition held by the Department of Defense that has a center-fire cartridge and a United States military nomenclature designation of armor penetrator , armor piercing (AP) , armor piercing incendiary (API) , or armor-piercing incendiary tracer (API-T) , except to an entity performing demilitarization services for the Department of Defense under a contract that requires the entity to demonstrate to the satisfaction of the Department of Defense that armor piercing projectiles are either: (1) rendered incapable of reuse by the demilitarization process; or (2) used to manufacture ammunition pursuant to a contract with the Department of Defense or the manufacture of ammunition for export pursuant to a License for Permanent Export of Unclassified Military Articles issued by the Department of State. 8064. Notwithstanding any other provision of law, the Chief of the National Guard Bureau, or his designee, may waive payment of all or part of the consideration that otherwise would be required under section 2667 of title 10, United States Code, in the case of a lease of personal property for a period not in excess of 1 year to any organization specified in section 508(d) of title 32, United States Code, or any other youth, social, or fraternal nonprofit organization as may be approved by the Chief of the National Guard Bureau, or his designee, on a case-by-case basis. 8065. None of the funds appropriated by this Act shall be used for the support of any nonappropriated funds activity of the Department of Defense that procures malt beverages and wine with nonappropriated funds for resale (including such alcoholic beverages sold by the drink) on a military installation located in the United States unless such malt beverages and wine are procured within that State, or in the case of the District of Columbia, within the District of Columbia, in which the military installation is located: Provided , That in a case in which the military installation is located in more than one State, purchases may be made in any State in which the installation is located: Provided further , That such local procurement requirements for malt beverages and wine shall apply to all alcoholic beverages only for military installations in States which are not contiguous with another State: Provided further , That alcoholic beverages other than wine and malt beverages, in contiguous States and the District of Columbia shall be procured from the most competitive source, price and other factors considered. (including transfer of funds) 8066. Of the amounts appropriated in this Act under the heading Operation and Maintenance, Army , $108,725,800 shall remain available until expended: Provided , That notwithstanding any other provision of law, the Secretary of Defense is authorized to transfer such funds to other activities of the Federal Government: Provided further , That the Secretary of Defense is authorized to enter into and carry out contracts for the acquisition of real property, construction, personal services, and operations related to projects carrying out the purposes of this section: Provided further , That contracts entered into under the authority of this section may provide for such indemnification as the Secretary determines to be necessary: Provided further , That projects authorized by this section shall comply with applicable Federal, State, and local law to the maximum extent consistent with the national security, as determined by the Secretary of Defense. 8067. Section 8106 of the Department of Defense Appropriations Act, 1997 (titles I through VIII of the matter under subsection 101(b) of Public Law 104–208 ; 110 Stat. 3009–111; 10 U.S.C. 113 note) shall continue in effect to apply to disbursements that are made by the Department of Defense in fiscal year 2014. (including transfer of funds) 8068. During the current fiscal year, not to exceed $200,000,000 from funds available under Operation and Maintenance, Defense-Wide may be transferred to the Department of State Global Security Contingency Fund : Provided , That this transfer authority is in addition to any other transfer authority available to the Department of Defense: Provided further , That the Secretary of Defense shall, not fewer than 30 days prior to making transfers to the Department of State Global Security Contingency Fund , notify the congressional defense committees in writing with the source of funds and a detailed justification, execution plan, and timeline for each proposed project. 8069. In addition to amounts provided elsewhere in this Act, $4,000,000 is hereby appropriated to the Department of Defense, to remain available for obligation until expended: Provided , That notwithstanding any other provision of law, that upon the determination of the Secretary of Defense that it shall serve the national interest, these funds shall be available only for a grant to the Fisher House Foundation, Inc., only for the construction and furnishing of additional Fisher Houses to meet the needs of military family members when confronted with the illness or hospitalization of an eligible military beneficiary. (including transfer of funds) 8070. Of the amounts appropriated in this Act under the headings Procurement, Defense-Wide and Research, Development, Test and Evaluation, Defense-Wide , $489,091,000 shall be for the Israeli Cooperative Programs: Provided , That of this amount, $220,309,000 shall be for the Secretary of Defense to provide to the Government of Israel for the procurement of the Iron Dome defense system to counter short-range rocket threats; $149,712,000 shall be for the Short Range Ballistic Missile Defense (SRBMD) program, including cruise missile defense research and development under the SRBMD program, of which $15,000,000 shall be for production activities of SRBMD missiles in the United States and in Israel to meet Israel's defense requirements consistent with each nation's laws, regulations, and procedures; $74,707,000 shall be available for an upper-tier component to the Israeli Missile Defense Architecture, and $44,363,000 shall be available for the Arrow System Improvement Program including development of a long range, ground and airborne, detection suite: Provided further , That funds made available under this provision for production of missiles and missile components may be transferred to appropriations available for the procurement of weapons and equipment, to be merged with and to be available for the same time period and the same purposes as the appropriation to which transferred: Provided further , That the transfer authority provided under this provision is in addition to any other transfer authority provided in this Act. 8071. (a) None of the funds available to the Department of Defense may be obligated to modify command and control relationships to give Fleet Forces Command operational and administrative control of U.S. Navy forces assigned to the Pacific fleet. (b) None of the funds available to the Department of Defense may be obligated to modify command and control relationships to give United States Transportation Command operational and administrative control of C–130 and KC–135 forces assigned to the Pacific and European Air Force Commands. (c) The command and control relationships in subsections (a) and (b) which existed on March 13, 2011, shall remain in force unless changes are specifically authorized in a subsequent Act. (d) This subsection does not apply to administrative control of Navy Air and Missile Defense Command. (including transfer of funds) 8072. Of the amounts appropriated in this Act under the heading Shipbuilding and Conversion, Navy , $625,800,000 shall be available until September 30, 2014, to fund prior year shipbuilding cost increases: Provided , That upon enactment of this Act, the Secretary of the Navy shall transfer funds to the following appropriations in the amounts specified: Provided further , That the amounts transferred shall be merged with and be available for the same purposes as the appropriations to which transferred to: (1) Under the heading Shipbuilding and Conversion, Navy, 2007/2014 : LHA Replacement Program $37,700,000; and (2) Under the heading Shipbuilding and Conversion, Navy, 2008/2014 : Carrier Replacement Program $588,100,000. 8073. Funds appropriated by this Act, or made available by the transfer of funds in this Act, for intelligence activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 ( 50 U.S.C. 3094 ) during fiscal year 2014 until the enactment of the Intelligence Authorization Act for Fiscal Year 2014. 8074. None of the funds provided in this Act shall be available for obligation or expenditure through a reprogramming of funds that creates or initiates a new program, project, or activity unless such program, project, or activity must be undertaken immediately in the interest of national security and only after written prior notification to the congressional defense committees. 8075. The budget of the President for fiscal year 2015 submitted to the Congress pursuant to section 1105 of title 31, United States Code, shall include separate budget justification documents for costs of United States Armed Forces’ participation in contingency operations for the Military Personnel accounts, the Operation and Maintenance accounts, and the Procurement accounts: Provided , That these documents shall include a description of the funding requested for each contingency operation, for each military service, to include all Active and Reserve components, and for each appropriations account: Provided further , That these documents shall include estimated costs for each element of expense or object class, a reconciliation of increases and decreases for each contingency operation, and programmatic data including, but not limited to, troop strength for each Active and Reserve component, and estimates of the major weapons systems deployed in support of each contingency: Provided further , That these documents shall include budget exhibits OP–5 and OP–32 (as defined in the Department of Defense Financial Management Regulation) for all contingency operations for the budget year and the two preceding fiscal years. 8076. None of the funds in this Act may be used for research, development, test, evaluation, procurement, or deployment of nuclear armed interceptors of a missile defense system. 8077. In addition to the amounts appropriated or otherwise made available elsewhere in this Act, $44,000,000 is hereby appropriated to the Department of Defense: Provided , That upon the determination of the Secretary of Defense that it shall serve the national interest, he shall make grants in the amounts specified as follows: $20,000,000 to the United Service Organizations and $24,000,000 to the Red Cross. 8078. None of the funds appropriated or made available in this Act shall be used to reduce or disestablish the operation of the 53rd Weather Reconnaissance Squadron of the Air Force Reserve, if such action would reduce the WC–130 Weather Reconnaissance mission below the levels funded in this Act: Provided , That the Air Force shall allow the 53rd Weather Reconnaissance Squadron to perform other missions in support of national defense requirements during the non-hurricane season. 8079. None of the funds provided in this Act shall be available for integration of foreign intelligence information unless the information has been lawfully collected and processed during the conduct of authorized foreign intelligence activities: Provided , That information pertaining to United States persons shall only be handled in accordance with protections provided in the Fourth Amendment of the United States Constitution as implemented through Executive Order No. 12333. 8080. (a) At the time members of reserve components of the Armed Forces are called or ordered to active duty under section 12302(a) of title 10, United States Code, each member shall be notified in writing of the expected period during which the member will be mobilized. (b) The Secretary of Defense may waive the requirements of subsection (a) in any case in which the Secretary determines that it is necessary to do so to respond to a national security emergency or to meet dire operational requirements of the Armed Forces. (including transfer of funds) 8081. The Secretary of Defense may transfer funds from any available Department of the Navy appropriation to any available Navy ship construction appropriation for the purpose of liquidating necessary changes resulting from inflation, market fluctuations, or rate adjustments for any ship construction program appropriated in law: Provided , That the Secretary may transfer not to exceed $100,000,000 under the authority provided by this section: Provided further , That the Secretary may not transfer any funds until 30 days after the proposed transfer has been reported to the Committees on Appropriations of the House of Representatives and the Senate, unless a response from the Committees is received sooner: Provided further , That any funds transferred pursuant to this section shall retain the same period of availability as when originally appropriated: Provided further , That the transfer authority provided by this section is in addition to any other transfer authority provided elsewhere in this Act. 8082. For purposes of section 7108 of title 41, United States Code, any subdivision of appropriations made under the heading Shipbuilding and Conversion, Navy that is not closed at the time reimbursement is made shall be available to reimburse the Judgment Fund and shall be considered for the same purposes as any subdivision under the heading Shipbuilding and Conversion, Navy appropriations in the current fiscal year or any prior fiscal year. 8083. (a) None of the funds appropriated by this Act may be used to transfer research and development, acquisition, or other program authority relating to current tactical unmanned aerial vehicles (TUAVs) from the Army. (b) The Army shall retain responsibility for and operational control of the MQ–1C Gray Eagle Unmanned Aerial Vehicle (UAV) in order to support the Secretary of Defense in matters relating to the employment of unmanned aerial vehicles. 8084. Up to $15,000,000 of the funds appropriated under the heading Operation and Maintenance, Navy may be made available for the Asia Pacific Regional Initiative Program for the purpose of enabling the Pacific Command to execute Theater Security Cooperation activities such as humanitarian assistance, and payment of incremental and personnel costs of training and exercising with foreign security forces: Provided , That funds made available for this purpose may be used, notwithstanding any other funding authorities for humanitarian assistance, security assistance or combined exercise expenses: Provided further , That funds may not be obligated to provide assistance to any foreign country that is otherwise prohibited from receiving such type of assistance under any other provision of law. 8085. None of the funds appropriated by this Act for programs of the Office of the Director of National Intelligence shall remain available for obligation beyond the current fiscal year, except for funds appropriated for research and technology, which shall remain available until September 30, 2015. 8086. For purposes of section 1553(b) of title 31, United States Code, any subdivision of appropriations made in this Act under the heading Shipbuilding and Conversion, Navy shall be considered to be for the same purpose as any subdivision under the heading Shipbuilding and Conversion, Navy appropriations in any prior fiscal year, and the 1 percent limitation shall apply to the total amount of the appropriation. 8087. (a) Not later than 60 days after the date of enactment of this Act, the Director of National Intelligence shall submit a report to the congressional intelligence committees to establish the baseline for application of reprogramming and transfer authorities for fiscal year 2014: Provided , That the report shall include— (1) a table for each appropriation with a separate column to display the President’s budget request, adjustments made by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; (2) a delineation in the table for each appropriation by Expenditure Center and project; and (3) an identification of items of special congressional interest. (b) None of the funds provided for the National Intelligence Program in this Act shall be available for reprogramming or transfer until the report identified in subsection (a) is submitted to the congressional intelligence committees, unless the Director of National Intelligence certifies in writing to the congressional intelligence committees that such reprogramming or transfer is necessary as an emergency requirement. (including transfer of funds) 8088. Of the funds appropriated in the Intelligence Community Management Account for the Program Manager for the Information Sharing Environment, $20,000,000 is available for transfer by the Director of National Intelligence to other departments and agencies for purposes of Government-wide information sharing activities: Provided , That funds transferred under this provision are to be merged with and available for the same purposes and time period as the appropriation to which transferred: Provided further , That the Office of Management and Budget must approve any transfers made under this provision. 8089. (a) None of the funds provided for the National Intelligence Program in this or any prior appropriations Act shall be available for obligation or expenditure through a reprogramming or transfer of funds in accordance with section 102A(d) of the National Security Act of 1947 ( 50 U.S.C. 3024(d) ) that— (1) creates a new start effort; (2) terminates a program with appropriated funding of $10,000,000 or more; (3) transfers funding into or out of the National Intelligence Program; or (4) transfers funding between appropriations, unless the congressional intelligence committees are notified 30 days in advance of such reprogramming of funds; this notification period may be reduced for urgent national security requirements. (b) None of the funds provided for the National Intelligence Program in this or any prior appropriations Act shall be available for obligation or expenditure through a reprogramming or transfer of funds in accordance with section 102A(d) of the National Security Act of 1947 ( 50 U.S.C. 3024(d) ) that results in a cumulative increase or decrease of the levels specified in the classified annex accompanying this Act unless the congressional intelligence committees are notified 30 days in advance of such reprogramming of funds; this notification period may be reduced for urgent national security requirements. 8090. The Director of National Intelligence shall submit to Congress each year, at or about the time that the President’s budget is submitted to Congress that year under section 1105(a) of title 31, United States Code, a future-years intelligence program (including associated annexes) reflecting the estimated expenditures and proposed appropriations included in that budget. Any such future-years intelligence program shall cover the fiscal year with respect to which the budget is submitted and at least the four succeeding fiscal years. 8091. For the purposes of this Act, the term congressional intelligence committees means the Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives, and the Subcommittee on Defense of the Committee on Appropriations of the Senate. 8092. The Department of Defense shall continue to report incremental contingency operations costs for Operation Enduring Freedom, or any other named operations in the U.S. Central Command area of operation on a monthly basis in the Cost of War Execution Report as prescribed in the Department of Defense Financial Management Regulation Department of Defense Instruction 7000.14, Volume 12, Chapter 23 Contingency Operations , Annex 1, dated September 2005. (including transfer of funds) 8093. During the current fiscal year, not to exceed $11,000,000 from each of the appropriations made in title II of this Act for Operation and Maintenance, Army , Operation and Maintenance, Navy , and Operation and Maintenance, Air Force may be transferred by the military department concerned to its central fund established for Fisher Houses and Suites pursuant to section 2493(d) of title 10, United States Code. (including transfer of funds) 8094. Funds appropriated by this Act may be available for the purpose of making remittances and transfers to the Defense Acquisition Workforce Development Fund in accordance with the requirements of section 1705 of title 10, United States Code. 8095. (a) Any agency receiving funds made available in this Act, shall, subject to subsections (b) and (c), post on the public website of that agency any report required to be submitted by the Congress in this or any other Act, upon the determination by the head of the agency that it shall serve the national interest. (b) Subsection (a) shall not apply to a report if— (1) the public posting of the report compromises national security; or (2) the report contains proprietary information. (c) The head of the agency posting such report shall do so only after such report has been made available to the requesting Committee or Committees of Congress for no less than 45 days. 8096. (a) None of the funds appropriated or otherwise made available by this Act may be expended for any Federal contract for an amount in excess of $1,000,000, unless the contractor agrees not to— (1) enter into any agreement with any of its employees or independent contractors that requires, as a condition of employment, that the employee or independent contractor agree to resolve through arbitration any claim under title VII of the Civil Rights Act of 1964 or any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention; or (2) take any action to enforce any provision of an existing agreement with an employee or independent contractor that mandates that the employee or independent contractor resolve through arbitration any claim under title VII of the Civil Rights Act of 1964 or any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention. (b) None of the funds appropriated or otherwise made available by this Act may be expended for any Federal contract unless the contractor certifies that it requires each covered subcontractor to agree not to enter into, and not to take any action to enforce any provision of, any agreement as described in paragraphs (1) and (2) of subsection (a), with respect to any employee or independent contractor performing work related to such subcontract. For purposes of this subsection, a covered subcontractor is an entity that has a subcontract in excess of $1,000,000 on a contract subject to subsection (a). (c) The prohibitions in this section do not apply with respect to a contractor's or subcontractor's agreements with employees or independent contractors that may not be enforced in a court of the United States. (d) The Secretary of Defense may waive the application of subsection (a) or (b) to a particular contractor or subcontractor for the purposes of a particular contract or subcontract if the Secretary or the Deputy Secretary personally determines that the waiver is necessary to avoid harm to national security interests of the United States, and that the term of the contract or subcontract is not longer than necessary to avoid such harm. The determination shall set forth with specificity the grounds for the waiver and for the contract or subcontract term selected, and shall state any alternatives considered in lieu of a waiver and the reasons each such alternative would not avoid harm to national security interests of the United States. The Secretary of Defense shall transmit to Congress, and simultaneously make public, any determination under this subsection not less than 15 business days before the contract or subcontract addressed in the determination may be awarded. 8097. None of the funds made available under this Act may be distributed to the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries. (including transfer of funds) 8098. From within the funds appropriated for operation and maintenance for the Defense Health Program in this Act, up to $143,087,000, shall be available for transfer to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund in accordance with the provisions of section 1704 of the National Defense Authorization Act for Fiscal Year 2010, Public Law 111–84 : Provided , That for purposes of section 1704(b), the facility operations funded are operations of the integrated Captain James A. Lovell Federal Health Care Center, consisting of the North Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility as described by section 706 of Public Law 110–417 : Provided further , That additional funds may be transferred from funds appropriated for operation and maintenance for the Defense Health Program to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund upon written notification by the Secretary of Defense to the Committees on Appropriations of the House of Representatives and the Senate. 8099. The Office of the Director of National Intelligence shall not employ more Senior Executive employees than are specified in the classified annex. 8100. None of the funds appropriated or otherwise made available by this Act may be obligated or expended to pay a retired general or flag officer to serve as a senior mentor advising the Department of Defense unless such retired officer files a Standard Form 278 (or successor form concerning public financial disclosure under part 2634 of title 5, Code of Federal Regulations) to the Office of Government Ethics. 8101. Appropriations available to the Department of Defense may be used for the purchase of heavy and light armored vehicles for the physical security of personnel or for force protection purposes up to a limit of $250,000 per vehicle, notwithstanding price or other limitations applicable to the purchase of passenger carrying vehicles. 8102. Of the amounts appropriated for Operation and Maintenance, Defense-Wide the following amounts shall be available to the Secretary of Defense, for the following authorized purposes, notwithstanding any other provision of law, acting through the Office of Economic Adjustment of the Department of Defense, to make grants, concluded cooperative agreements, and supplement other Federal funds, to remain available until expended, to support critical existing and enduring military installation and missions on Guam, as well as any potential Department of Defense growth: (1) $133,700,000 for addressing the need for civilian water and wastewater improvements, and (2) $12,868,000 for construction of a regional public health laboratory: Provided , That the Secretary of Defense shall, not fewer than 15 days prior to obligating funds for either of the forgoing purposes, notify the congressional defense committees in writing of the details of any such obligation. 8103. None of the funds made available by this Act may be used by the Secretary of Defense to take beneficial occupancy of more than 2,500 parking spaces (other than handicap-reserved spaces) to be provided by the BRAC 133 project: Provided , That this limitation may be waived in part if: (1) the Secretary of Defense certifies to Congress that levels of service at existing intersections in the vicinity of the project have not experienced failing levels of service as defined by the Transportation Research Board Highway Capacity Manual over a consecutive 90-day period; (2) the Department of Defense and the Virginia Department of Transportation agree on the number of additional parking spaces that may be made available to employees of the facility subject to continued 90-day traffic monitoring; and (3) the Secretary of Defense notifies the congressional defense committees in writing at least 14 days prior to exercising this waiver of the number of additional parking spaces to be made available. 8104. The Secretary of Defense shall report quarterly the numbers of civilian personnel end strength by appropriation account for each and every appropriation account used to finance Federal civilian personnel salaries to the congressional defense committees within 15 days after the end of each fiscal quarter. 8105. (a) None of the funds made available in this or any other Act may be used to study alternatives, plan, prepare, or otherwise take any action to— (1) separate the budget, accounts, or disbursement system for the National Intelligence Program from the budget, accounts, or disbursement system for the Department of Defense; or (2) consolidate the budget, accounts, or disbursement system for the National Intelligence Program within the budget, accounts, or disbursement system for the Department of Defense. (b) The activities prohibited under subsection (a) include— (1) the study, planning, preparation, or submission of a budget request that modifies the appropriations account structures as in effect on the date of the enactment of this Act for any Department of Defense account containing funds for the National Intelligence Program; (2) the establishment of a new appropriations account for part or all of the National Intelligence Program; (3) the study or implementation of a funds disbursement system for the Office of the Director of National Intelligence; and (4) any other action to study, prepare, or submit a budget request to Congress that includes any modifications prohibited by this section. (c) In this section: (1) The term account includes an appropriations account. (2) The term disbursement system includes any system with accounting, cost accrual, fund distribution, or disbursement functions. (3) The term National Intelligence Program has the meaning given the term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ). (including transfer of funds) 8106. Upon a determination by the Director of National Intelligence that such action is necessary and in the national interest, the Director may, with the approval of the Office of Management and Budget, transfer not to exceed $2,000,000,000 of the funds made available in this Act for the National Intelligence Program: Provided , That such authority to transfer may not be used unless for higher priority items, based on unforeseen intelligence requirements, than those for which originally appropriated and in no case where the item for which funds are requested has been denied by the Congress: Provided further , That a request for multiple reprogrammings of funds using authority provided in this section shall be made prior to June 30, 2014. 8107. None of the funds appropriated or otherwise made available in this or any other Act may be used to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions Khalid Sheikh Mohammed or any other detainee who— (1) is not a United States citizen or a member of the Armed Forces of the United States; and (2) is or was held on or after June 24, 2009, at the United States Naval Station, Guantánamo Bay, Cuba, by the Department of Defense. 8108. (a) (1) Except as provided in paragraph (2) and subsection (d), none of the funds appropriated or otherwise made available in this or any other Act may be used to transfer any individual detained at Guantánamo to the custody or control of the individual’s country of origin, any other foreign country, or any other foreign entity unless the Secretary of Defense submits to Congress the certification described in subsection (b) not later than 30 days before the transfer of the individual. (2) Paragraph (1) shall not apply to any action taken by the Secretary to transfer any individual detained at Guantánamo to effectuate an order affecting the disposition of the individual that is issued by a court or competent tribunal of the United States having lawful jurisdiction (which the Secretary shall notify Congress of promptly after issuance). (b) A certification described in this subsection is a written certification made by the Secretary of Defense, with the concurrence of the Secretary of State, and in consultation with the Director of National Intelligence, that— (1) the government of the foreign country or the recognized leadership of the foreign entity to which the individual detained at Guantánamo is to be transferred— (A) is not a designated state sponsor of terrorism or a designated foreign terrorist organization; (B) maintains control over each detention facility in which the individual is to be detained if the individual is to be housed in a detention facility; (C) is not, as of the date of the certification, facing a threat that is likely to substantially affect its ability to exercise control over the individual; (D) has taken or agreed to take effective actions to ensure that the individual cannot take action to threaten the United States, its citizens, or its allies in the future; (E) has taken or agreed to take such actions as the Secretary of Defense determines are necessary to ensure that the individual cannot engage or re-engage in any terrorist activity; and (F) has agreed to share with the United States any information that— (i) is related to the individual or any associates of the individual; and (ii) could affect the security of the United States, its citizens, or its allies; and (2) includes an assessment, in classified or unclassified form, of the capacity, willingness, and past practices (if applicable) of the foreign country or entity in relation to the Secretary’s certifications. (c) (1) Except as provided in paragraph (2) and subsection (d), none of the funds appropriated or otherwise made available in this or any other Act may be used to transfer any individual detained at Guantánamo to the custody or control of the individual’s country of origin, any other foreign country, or any other foreign entity if there is a confirmed case of any individual who was detained at United States Naval Station, Guantánamo Bay, Cuba, at any time after September 11, 2001, who was transferred to such foreign country or entity and subsequently engaged in any terrorist activity. (2) Paragraph (1) shall not apply to any action taken by the Secretary to transfer any individual detained at Guantánamo to effectuate an order affecting the disposition of the individual that is issued by a court or competent tribunal of the United States having lawful jurisdiction (which the Secretary shall notify Congress of promptly after issuance). (d) (1) The Secretary of Defense may waive the applicability to a detainee transfer of a certification requirement specified in subparagraph (D) or (E) of subsection (b)(1) or the prohibition in subsection (c), if the Secretary certifies the rest of the criteria required by subsection (b) for transfers prohibited by (c) and, with the concurrence of the Secretary of State and in consultation with the Director of National Intelligence, determines that— (A) alternative actions will be taken to address the underlying purpose of the requirement or requirements to be waived; (B) in the case of a waiver of subparagraph (D) or (E) of subsection (b)(1), it is not possible to certify that the risks addressed in the paragraph to be waived have been completely eliminated, but the actions to be taken under subparagraph (A) will substantially mitigate such risks with regard to the individual to be transferred; (C) in the case of a waiver of subsection (c), the Secretary has considered any confirmed case in which an individual who was transferred to the country subsequently engaged in terrorist activity, and the actions to be taken under subparagraph (A) will substantially mitigate the risk of recidivism with regard to the individual to be transferred; and (D) the transfer is in the national security interests of the United States. (2) Whenever the Secretary makes a determination under paragraph (1), the Secretary shall submit to the appropriate committees of Congress, not later than 30 days before the transfer of the individual concerned, the following: (A) A copy of the determination and the waiver concerned. (B) A statement of the basis for the determination, including— (i) an explanation why the transfer is in the national security interests of the United States; and (ii) in the case of a waiver of subparagraph (D) or (E) of subsection (b)(1), an explanation why it is not possible to certify that the risks addressed in the paragraph to be waived have been completely eliminated. (C) A summary of the alternative actions to be taken to address the underlying purpose of, and to mitigate the risks addressed in, the paragraph or subsection to be waived. (D) The assessment required by subsection (b)(2). (e) In assessing the risk that an individual detained at Guantánamo will engage in terrorist activity or other actions that could affect the security of the United States if released for the purpose of making a certification under subsection (b) or a waiver under subsection (d), the Secretary of Defense may give favorable consideration to any such individual— (1) who has substantially cooperated with United States intelligence and law enforcement authorities, pursuant to a pre- trial agreement, while in the custody of or under the effective control of the Department of Defense; and (2) for whom agreements and effective mechanisms are in place, to the extent relevant and necessary, to provide for continued cooperation with United States intelligence and law enforcement authorities. (f) In this section: (1) The term appropriate committees of Congress means— (A) the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) The term individual detained at Guantánamo means any individual located at United States Naval Station, Guantánamo Bay, Cuba, as of October 1, 2009, who— (A) is not a citizen of the United States or a member of the Armed Forces of the United States; and (B) is— (i) in the custody or under the control of the Department of Defense; or (ii) otherwise under detention at United States Naval Station, Guantánamo Bay, Cuba. (3) The term foreign terrorist organization means any organization so designated by the Secretary of State under section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ). 8109. (a) None of the funds appropriated or otherwise made available in this or any other Act may be used to construct, acquire, or modify any facility in the United States, its territories, or possessions to house any individual described in subsection (c) for the purposes of detention or imprisonment in the custody or under the effective control of the Department of Defense. (b) The prohibition in subsection (a) shall not apply to any modification of facilities at United States Naval Station, Guantánamo Bay, Cuba. (c) An individual described in this subsection is any individual who, as of June 24, 2009, is located at United States Naval Station, Guantánamo Bay, Cuba, and who— (1) is not a citizen of the United States or a member of the Armed Forces of the United States; and (2) is— (A) in the custody or under the effective control of the Department of Defense; or (B) otherwise under detention at United States Naval Station, Guantánamo Bay, Cuba. 8110. None of the funds made available by this Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that any unpaid Federal tax liability has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. 8111. None of the funds made available by this Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. 8112. None of the funds made available by this Act may be used in contravention of section 1590 or 1591 of title 18, United States Code, or in contravention of the requirements of section 106(g) or (h) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7104(g) or (h)). 8113. None of the funds made available by this Act for International Military education and training, foreign military financing, excess defense article, assistance under section 1206 of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109–163 ; 119 Stat. 3456), issuance for direct commercial sales of military equipment, or peacekeeping operations for the countries of Chad, Yemen, Somalia, Sudan, the Democratic Republic of the Congo, and Burma may be used to support any military training or operation that include child soldiers, as defined by the Child Soldiers Prevention Act of 2008 ( Public Law 110–457 ; 22 U.S.C. 2370c–1 ), and except if such assistance is otherwise permitted under section 404 of the Child Soldiers Prevention Act of 2008. 8114. None of the funds made available by this Act may be used in contravention of the War Powers Resolution ( 50 U.S.C. 1541 et seq. ). 8115. The Secretary of the Air Force shall obligate and expend funds previously appropriated for the procurement of RQ–4B Global Hawk aircraft for the purposes for which such funds were originally appropriated. 8116. The total amount available in the Act for pay for civilian personnel of the Department of Defense for fiscal year 2014 shall be the amount otherwise appropriated or made available by this Act for such pay reduced by $437,000,000. 8117. None of the funds made available by this Act may be used by the Department of Defense or any other Federal agency to lease or purchase new light duty vehicles, for any executive fleet, or for an agency's fleet inventory, except in accordance with Presidential Memorandum-Federal Fleet Performance, dated May 24, 2011. 8118. None of the funds made available by this Act may be used to enter into a contract with any person or other entity listed in the Excluded Parties List System (EPLS)/System for Award Management (SAM) as having been convicted of fraud against the Federal Government. 8119. (a) Limitation None of the funds made available by this Act for the Department of Defense may be used for the purchase of any equipment from Rosoboronexport until the Secretary of Defense certifies in writing to the congressional defense committees that, to the best of the Secretary’s knowledge— (1) Rosoboronexport is cooperating fully with the Defense Contract Audit Agency; (2) Rosoboronexport has not delivered S–300 advanced anti-aircraft missiles to Syria; and (3) no new contracts have been signed between the Bashar al Assad regime in Syria and Rosoboronexport since January 1, 2013. (b) National security waiver (1) In general The Secretary of Defense may waive the limitation in subsection (a) if the Secretary certifies that the waiver in order to purchase equipment from Rosoboronexport is in national security interest of the United States. (2) Report If the Secretary waives the limitation in subsection (a) pursuant to paragraph (1), the Secretary shall submit to the congressional defense committees, not later than 30 days before purchasing equipment from Rosoboronexport pursuant to the waiver, a report on the waiver. The report shall be submitted in classified or unclassified form, at the election of the Secretary. The report shall include the following: (A) An explanation why it is in the national security interest of the United States to purchase equipment from Rosoboronexport. (B) An explanation why comparable equipment cannot be purchased from another corporation. (C) An assessment of the cooperation of Rosoboronexport with the Defense Contract Audit Agency. (D) An assessment of whether and how many S–300 advanced anti-aircraft missiles have been delivered to the Assad regime by Rosoboronexport. (E) A list of the contracts that Rosoboronexport has signed with the Assad regime since January 1, 2013. (c) Requirement for competitively bid contracts The Secretary of Defense shall award any contract that will use United States funds for the procurement of helicopters for the Afghan Security Forces using competitive procedures based on requirements developed by the Secretary of Defense. 8120. Section 8159(c) of the Department of Defense Appropriations Act, 2002 (division A of Public Law 107–117 , 10 U.S.. 2401a note) is amended by striking paragraph (7). 8121. None of the funds made available in this Act may be used for the purchase or manufacture of a flag of the United States unless such flags are treated as covered items under section 2533a(b) of title 10, United States Code. (including transfer of funds) 8122. In addition to amounts appropriated or otherwise made available elsewhere in this Act, $25,000,000 is hereby appropriated to the Department of Defense and made available for transfer to the Army, Air Force, Navy, and Marine Corps, for purposes of implementation of a Sexual Assault Special Victims Program: Provided, That funds transferred under this provision are to be merged with and available for the same purposes and time period as the appropriation to which transferred: Provided further , That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act. 8123. None of the funds made available by this Act may be used in contravention of the amendments made to the Uniform Code of Military Justice in subtitle D of title V of the National Defense Authorization Act for Fiscal Year 2014 regarding the discharge or dismissal of a member of the Armed Forces convicted of certain sex-related offenses, the required trial of such offenses by general courts-martial, and the limitations imposed on convening authority discretion regarding court-martial findings and sentence. 8124. None of the funds appropriated in this, or any other Act, may be obligated or expended by the United States Government for the direct personal benefit of the President of Afghanistan. 8125. None of the funds made available by this Act may be used to eliminate or reduce funding for a program, project or activity as proposed in the President’s budget request for fiscal year 2015 until such proposed change is subsequently enacted in an appropriation Act, or unless such change is made pursuant to the reprogramming or transfer provisions of this Act. (including transfer of funds) 8126. In addition to amounts provided elsewhere in this Act for pay for military personnel, including Reserve and National Guard personnel, $580,000,000 is hereby appropriated to the Department of Defense and made available for transfer only to military personnel accounts. IX Overseas deployments and other activities Military Personnel Military Personnel, Army For an additional amount for Military Personnel, Army , $6,703,006,000: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Military Personnel, Navy For an additional amount for Military Personnel, Navy , $558,344,000: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Military Personnel, Marine Corps For an additional amount for Military Personnel, Marine Corps , $1,019,322,000: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Military Personnel, Air Force For an additional amount for Military Personnel, Air Force , $867,087,000: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Reserve Personnel, Army For an additional amount for Reserve Personnel, Army , $40,952,000: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Reserve Personnel, Navy For an additional amount for Reserve Personnel, Navy , $20,238,000: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Reserve Personnel, Marine Corps For an additional amount for Reserve Personnel, Marine Corps , $15,134,000: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Reserve Personnel, Air Force For an additional amount for Reserve Personnel, Air Force , $20,432,000: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. National Guard Personnel, Army For an additional amount for National Guard Personnel, Army , $393,364,000: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. National Guard Personnel, Air Force For an additional amount for National Guard Personnel, Air Force , $6,919,000: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Operation and Maintenance Operation and Maintenance, Army For an additional amount for Operation and Maintenance, Army , $30,929,633,000: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. (including transfer of funds) Operation and Maintenance, Navy For an additional amount for Operation and Maintenance, Navy , $6,255,993,000, of which up to $227,033,000 may be transferred to the Coast Guard Operating Expenses account notwithstanding section 2215 of title 10, United States Code: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Operation and Maintenance, Marine Corps For an additional amount for Operation and Maintenance, Marine Corps , $2,669,815,000: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Operation and Maintenance, Air Force For an additional amount for Operation and Maintenance, Air Force , $10,605,224,000: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Operation and Maintenance, Defense-Wide For an additional amount for Operation and Maintenance, Defense-Wide , $6,240,437,000: Provided , That of the funds provided under this heading, not to exceed $1,500,000,000, to remain available until September 30, 2015, shall be for payments to reimburse key cooperating nations for logistical, military, and other support, including access, provided to United States military operations in support of Operation Enduring Freedom, and post-operation Iraq border security related to the activities of the Office of Security Cooperation in Iraq, notwithstanding any other provision of law: Provided further , That such reimbursement payments may be made in such amounts as the Secretary of Defense, with the concurrence of the Secretary of State, and in consultation with the Director of the Office of Management and Budget, may determine, in his discretion, based on documentation determined by the Secretary of Defense to adequately account for the support provided, and such determination is final and conclusive upon the accounting officers of the United States, and 15 days following notification to the appropriate congressional committees: Provided further , That the requirement under this heading to provide notification to the appropriate congressional committees shall not apply with respect to a reimbursement for access based on an international agreement: Provided further , That these funds may be used for the purpose of providing specialized training and procuring supplies and specialized equipment and providing such supplies and loaning such equipment on a non-reimbursable basis to coalition forces supporting United States military operations in Afghanistan, and 15 days following notification to the appropriate congressional committees: Provided further , That the Secretary of Defense shall provide quarterly reports to the congressional defense committees on the use of funds provided in this paragraph: Provided further , That of the funds provided under this heading, $35,000,000 shall be made available for support for foreign forces participating in operations to counter the Lord’s Resistance Army efforts: Provided further , That such amount in this section is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Operation and Maintenance, Army Reserve For an additional amount for Operation and Maintenance, Army Reserve , $42,935,000: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Operation and Maintenance, Navy Reserve For an additional amount for Operation and Maintenance, Navy Reserve , $55,700,000: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Operation and Maintenance, Marine Corps Reserve For an additional amount for Operation and Maintenance, Marine Corps Reserve , $12,534,000: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Operation and Maintenance, Air Force Reserve For an additional amount for Operation and Maintenance, Air Force Reserve , $32,849,000: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Operation and Maintenance, Army National Guard For an additional amount for Operation and Maintenance, Army National Guard , $199,371,000: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Operation and Maintenance, Air National Guard For an additional amount for Operation and Maintenance, Air National Guard , $22,200,000: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Overseas Contingency Operations Transfer Fund (including transfer of funds) In addition to amounts provided elsewhere in this Act, there is appropriated $1,073,800,000 for the Overseas Contingency Operations Transfer Fund for expenses directly relating to overseas contingency operations by United States military forces, to be available until expended: Provided , That of the funds made available in this section, the Secretary of Defense may transfer these funds only to military personnel accounts, operation and maintenance accounts, procurement accounts, and working capital fund accounts: Provided further , That the funds made available in this paragraph may only be used for programs, projects, or activities categorized as Overseas Contingency Operations in the fiscal year 2014 budget request for the Department of Defense and the justification material and other documentation supporting such request: Provided further , That the funds transferred shall be merged with and shall be available for the same purposes and for the same time period, as the appropriation to which transferred: Provided further , That the Secretary shall notify the congressional defense committees 15 days prior to such transfer: Provided further , That the transfer authority provided under this heading is in addition to any other transfer authority available to the Department of Defense: Provided further , That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation and shall be available for the same purposes and for the same time period as originally appropriated: Provided further , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Afghanistan Infrastructure Fund (including transfer of funds) For the Afghanistan Infrastructure Fund , $279,000,000, to remain available until September 30, 2015: Provided , That such funds shall be available to the Secretary of Defense for infrastructure projects in Afghanistan, notwithstanding any other provision of law, which shall be undertaken by the Secretary of State, unless the Secretary of State and the Secretary of Defense jointly decide that a specific project will be undertaken by the Department of Defense: Provided further , That the infrastructure referred to in the preceding proviso is in support of the counterinsurgency strategy, which may require funding for facility and infrastructure projects, including, but not limited to, water, power, and transportation projects and related maintenance and sustainment costs: Provided further , That the authority to undertake such infrastructure projects is in addition to any other authority to provide assistance to foreign nations: Provided further , That any projects funded under this heading shall be jointly formulated and concurred in by the Secretary of State and Secretary of Defense: Provided further , That funds may be transferred to the Department of State for purposes of undertaking projects, which funds shall be considered to be economic assistance under the Foreign Assistance Act of 1961 for purposes of making available the administrative authorities contained in that Act: Provided further , That the transfer authority in the preceding proviso is in addition to any other authority available to the Department of Defense to transfer funds: Provided further , That any unexpended funds transferred to the Secretary of State under this authority shall be returned to the Afghanistan Infrastructure Fund if the Secretary of State, in coordination with the Secretary of Defense, determines that the project cannot be implemented for any reason, or that the project no longer supports the counterinsurgency strategy in Afghanistan: Provided further , That any funds returned to the Secretary of Defense under the previous proviso shall be available for use under this appropriation and shall be treated in the same manner as funds not transferred to the Secretary of State: Provided further , That contributions of funds for the purposes provided herein to the Secretary of State in accordance with section 635(d) of the Foreign Assistance Act from any person, foreign government, or international organization may be credited to this Fund, to remain available until expended, and used for such purposes: Provided further , That the Secretary of Defense shall, not fewer than 15 days prior to making transfers to or from, or obligations from the Fund, notify the appropriate committees of Congress in writing of the details of any such transfer: Provided further , That the appropriate committees of Congress are the Committees on Armed Services, Foreign Relations, and Appropriations of the Senate and the Committees on Armed Services, Foreign Affairs, and Appropriations of the House of Representatives: Provided further , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Afghanistan Security Forces Fund (including transfer of funds) For the Afghanistan Security Forces Fund , $7,726,720,000, to remain available until September 30, 2015: Provided , That such funds shall be available to the Secretary of Defense, notwithstanding any other provision of law, for the purpose of allowing the Commander, Combined Security Transition Command—Afghanistan, or the Secretary's designee, to provide assistance, with the concurrence of the Secretary of State, to the security forces of Afghanistan, including the provision of equipment, supplies, services, training, facility and infrastructure repair, renovation, and construction, and funding: Provided further , That the authority to provide assistance under this heading is in addition to any other authority to provide assistance to foreign nations: Provided further , That contributions of funds for the purposes provided herein from any person, foreign government, or international organization may be credited to this Fund, to remain available until expended, and used for such purposes: Provided further , That the Secretary of Defense shall notify the congressional defense committees in writing upon the receipt and upon the obligation of any contribution, delineating the sources and amounts of the funds received and the specific use of such contributions: Provided further , That the Secretary of Defense shall, not fewer than 15 days prior to obligating from this appropriation account, notify the congressional defense committees in writing of the details of any such obligations: Provided further , That the Secretary of Defense shall notify the congressional defense committees of any proposed new projects or transfer of funds between budget sub-activity groups in excess of $20,000,000: Provided further, That the United States may accept equipment procured using funds provided under this heading in this or prior Acts that was transferred to the security forces of Afghanistan and returned by such forces to the United States: Provided further, That the equipment described in the previous proviso, as well as equipment not yet transferred to the security forces of Afghanistan when determined by the Commander, Combined Security Transition Command-Afghanistan, or the Secretary's designee, to no longer be required for transfer to such forces, may be treated as stocks of the Department of Defense upon written notification to the congressional defense committees: Provided further , That of the funds provided under this heading, not less than $47,300,000 shall be for recruitment and retention of women in the Afghanistan National Security Forces: Provided further , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Procurement Aircraft Procurement, Army For an additional amount for Aircraft Procurement, Army , $771,788,000, to remain available until September 30, 2016: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Missile Procurement, Army For an additional amount for Missile Procurement, Army , $154,532,000, to remain available until September 30, 2016: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Procurement of Weapons and Tracked Combat Vehicles, Army For an additional amount for Procurement of Weapons and Tracked Combat Vehicles, Army , $15,422,000, to remain available until September 30, 2015: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Procurement of Ammunition, Army For an additional amount for Procurement of Ammunition, Army , $190,382,000, to remain available until September 30, 2016: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Other Procurement, Army For an additional amount for Other Procurement, Army , $909,825,000, to remain available until September 30, 2016: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Aircraft Procurement, Navy For an additional amount for Aircraft Procurement, Navy , $240,696,000, to remain available until September 30, 2016: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Weapons Procurement, Navy For an additional amount for Weapons Procurement, Navy , $86,500,000, to remain available until September 30, 2016: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Procurement of Ammunition, Navy and Marine Corps For an additional amount for Procurement of Ammunition, Navy and Marine Corps , $169,362,000, to remain available until September 30, 2016: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Other Procurement, Navy For an additional amount for Other Procurement, Navy , $17,968,000, to remain available until September 30, 2016: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Procurement, Marine Corps For an additional amount for Procurement, Marine Corps , $125,984,000, to remain available until September 30, 2016: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Aircraft Procurement, Air Force For an additional amount for Aircraft Procurement, Air Force , $188,868,000, to remain available until September 30, 2016: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Missile Procurement, Air Force For an additional amount for Missile Procurement, Air Force , $24,200,000, to remain available until September 30, 2016: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Procurement of Ammunition, Air Force For an additional amount for Procurement of Ammunition, Air Force , $137,826,000, to remain available until September 30, 2016: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Other Procurement, Air Force For an additional amount for Other Procurement, Air Force , $2,524,846,000, to remain available until September 30, 2016: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Procurement, Defense-Wide For an additional amount for Procurement, Defense-Wide , $128,947,000, to remain available until September 30, 2016: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. National Guard and Reserve Equipment For procurement of aircraft, missiles, tracked combat vehicles, ammunition, other weapons and other procurement for the reserve components of the Armed Forces, $1,500,000,000, to remain available for obligation until September 30, 2016: Provided , That the Chiefs of National Guard and Reserve components shall, not later than 30 days after the enactment of this Act, individually submit to the congressional defense committees the modernization priority assessment for their respective National Guard or Reserve component: Provided further , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Research, Development, Test, and Evaluation Research, Development, Test and Evaluation, Army For an additional amount for Research, Development, Test and Evaluation, Army , $7,000,000, to remain available until September 30, 2015: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Research, Development, Test and Evaluation, Navy For an additional amount for Research, Development, Test and Evaluation, Navy , $34,426,000, to remain available until September 30, 2015: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Research, Development, Test and Evaluation, Air Force For an additional amount for Research, Development, Test and Evaluation, Air Force , $9,000,000, to remain available until September 30, 2015: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Research, Development, Test and Evaluation, Defense-Wide For an additional amount for Research, Development, Test and Evaluation, Defense-Wide , $66,208,000, to remain available until September 30, 2015: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Revolving and Management Funds Defense Working Capital Funds For an additional amount for Defense Working Capital Funds , $264,910,000: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Other Department of Defense Programs Defense Health Program For an additional amount for Defense Health Program , $904,201,000, which shall be for operation and maintenance: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Drug Interdiction and Counter-Drug Activities, Defense For an additional amount for Drug Interdiction and Counter-Drug Activities, Defense , $376,305,000, to remain available until September 30, 2015: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Joint Improvised Explosive Device Defeat Fund (including transfer of funds) For the Joint Improvised Explosive Device Defeat Fund , $1,000,000,000, to remain available until September 30, 2016: Provided , That such funds shall be available to the Secretary of Defense, notwithstanding any other provision of law, for the purpose of allowing the Director of the Joint Improvised Explosive Device Defeat Organization to investigate, develop and provide equipment, supplies, services, training, facilities, personnel and funds to assist United States forces in the defeat of improvised explosive devices: Provided further , That the Secretary of Defense may transfer funds provided herein to appropriations for military personnel; operation and maintenance; procurement; research, development, test and evaluation; and defense working capital funds to accomplish the purpose provided herein: Provided further , That this transfer authority is in addition to any other transfer authority available to the Department of Defense: Provided further , That the Secretary of Defense shall, not fewer than 15 days prior to making transfers from this appropriation, notify the congressional defense committees in writing of the details of any such transfer: Provided further , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Office of the Inspector General For an additional amount for the Office of the Inspector General , $10,766,000: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. GENERAL PROVISIONS—THIS TITLE 9001. Notwithstanding any other provision of law, funds made available in this title are in addition to amounts appropriated or otherwise made available for the Department of Defense for fiscal year 2014. (including transfer of funds) 9002. Upon the determination of the Secretary of Defense that such action is necessary in the national interest, the Secretary may, with the approval of the Office of Management and Budget, transfer up to $4,000,000,000 between the appropriations or funds made available to the Department of Defense in this title: Provided , That the Secretary shall notify the Congress promptly of each transfer made pursuant to the authority in this section: Provided further , That the authority provided in this section is in addition to any other transfer authority available to the Department of Defense and is subject to the same terms and conditions as the authority provided in the Department of Defense Appropriations Act, 2014. 9003. Supervision and administration costs and costs for design during construction associated with a construction project funded with appropriations available for operation and maintenance, Afghanistan Infrastructure Fund , or the Afghanistan Security Forces Fund provided in this Act and executed in direct support of overseas contingency operations in Afghanistan, may be obligated at the time a construction contract is awarded: Provided , That for the purpose of this section, supervision and administration costs and costs for design during construction include all in-house Government costs. 9004. From funds made available in this title, the Secretary of Defense may purchase for use by military and civilian employees of the Department of Defense in the U.S. Central Command area of responsibility: (a) passenger motor vehicles up to a limit of $75,000 per vehicle; and (b) heavy and light armored vehicles for the physical security of personnel or for force protection purposes up to a limit of $250,000 per vehicle, notwithstanding price or other limitations applicable to the purchase of passenger carrying vehicles. 9005. Not to exceed $60,000,000 of the amount appropriated by this Act under the heading Operation and Maintenance, Army may be used, notwithstanding any other provision of law, to fund the Commander's Emergency Response Program (CERP), for the purpose of enabling military commanders in Afghanistan to respond to urgent, small-scale, humanitarian relief and reconstruction requirements within their areas of responsibility: Provided , That each project (including any ancillary or related elements in connection with such project) executed under this authority shall not exceed $20,000,000: Provided further , That not later than 45 days after the end of each fiscal year quarter, the Secretary of Defense shall submit to the congressional defense committees a report regarding the source of funds and the allocation and use of funds during that quarter that were made available pursuant to the authority provided in this section or under any other provision of law for the purposes described herein: Provided further , That, not later than 30 days after the end of each month, the Army shall submit to the congressional defense committees monthly commitment, obligation, and expenditure data for the Commander's Emergency Response Program in Afghanistan: Provided further , That not less than 15 days before making funds available pursuant to the authority provided in this section or under any other provision of law for the purposes described herein for a project with a total anticipated cost for completion of $5,000,000 or more, the Secretary shall submit to the congressional defense committees a written notice containing each of the following: (1) The location, nature and purpose of the proposed project, including how the project is intended to advance the military campaign plan for the country in which it is to be carried out. (2) The budget, implementation timeline with milestones, and completion date for the proposed project, including any other CERP funding that has been or is anticipated to be contributed to the completion of the project. (3) A plan for the sustainment of the proposed project, including the agreement with either the host nation, a non-Department of Defense agency of the United States Government or a third-party contributor to finance the sustainment of the activities and maintenance of any equipment or facilities to be provided through the proposed project. 9006. Funds available to the Department of Defense for operation and maintenance may be used, notwithstanding any other provision of law, to provide supplies, services, transportation, including airlift and sealift, and other logistical support to coalition forces supporting military and stability operations in Afghanistan: Provided , That the Secretary of Defense shall provide quarterly reports to the congressional defense committees regarding support provided under this section. 9007. None of the funds appropriated or otherwise made available by this or any other Act shall be obligated or expended by the United States Government for a purpose as follows: (1) To establish any military installation or base for the purpose of providing for the permanent stationing of United States Armed Forces in Iraq. (2) To exercise United States control over any oil resource of Iraq. (3) To establish any military installation or base for the purpose of providing for the permanent stationing of United States Armed Forces in Afghanistan. 9008. None of the funds made available in this Act may be used in contravention of the following laws enacted or regulations promulgated to implement the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at New York on December 10, 1984): (1) Section 2340A of title 18, United States Code. (2) Section 2242 of the Foreign Affairs Reform and Restructuring Act of 1998 (division G of Public Law 105–277 ; 112 Stat. 2681–822; 8 U.S.C. 1231 note) and regulations prescribed thereto, including regulations under part 208 of title 8, Code of Federal Regulations, and part 95 of title 22, Code of Federal Regulations. (3) Sections 1002 and 1003 of the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 ( Public Law 109–148 ). 9009. None of the funds provided for the Afghanistan Security Forces Fund (ASFF) may be obligated prior to the approval of a financial and activity plan by the Afghanistan Resources Oversight Council (AROC) of the Department of Defense: Provided , That the AROC must approve the requirement and acquisition plan for any service requirements in excess of $50,000,000 annually and any non-standard equipment requirements in excess of $100,000,000 using ASFF: Provided further , That the AROC must approve all projects and the execution plan under the Afghanistan Infrastructure Fund (AIF) and any project in excess of $5,000,000 from the Commanders Emergency Response Program (CERP): Provided further , That the Department of Defense must certify to the congressional defense committees that the AROC has convened and approved a process for ensuring compliance with the requirements in the preceding provisos and accompanying report language for the ASFF, AIF, and CERP. 9010. Funds made available in this title to the Department of Defense for operation and maintenance may be used to purchase items having an investment unit cost of not more than $250,000: Provided , That, upon determination by the Secretary of Defense that such action is necessary to meet the operational requirements of a Commander of a Combatant Command engaged in contingency operations overseas, such funds may be used to purchase items having an investment item unit cost of not more than $500,000. 9011. Notwithstanding any other provision of law, up to $63,800,000 of funds made available in this title under the heading Operation and Maintenance, Army may be obligated and expended for purposes of the Task Force for Business and Stability Operations, subject to the direction and control of the Secretary of Defense, with concurrence of the Secretary of State, to carry out strategic business and economic assistance activities in Afghanistan in support of Operation Enduring Freedom: Provided , That not less than 15 days before making funds available pursuant to the authority provided in this section for any project with a total anticipated cost of $5,000,000 or more, the Secretary shall submit to the congressional defense committees a written notice containing a detailed justification and timeline for each proposed project. 9012. From funds made available to the Department of Defense by this Act under the heading Operation and Maintenance, Air Force up to $209,000,000 may be used by the Secretary of Defense, notwithstanding any other provision of law, to support United States Government transition activities in Iraq by funding the operations and activities of the Office of Security Cooperation in Iraq and security assistance teams, including life support, transportation and personal security, and facilities renovation and construction, and site closeout activities prior to returning sites to the Government of Iraq: Provided , That to the extent authorized under the National Defense Authorization Act for Fiscal Year 2014, the operations and activities that may be carried out by the Office of Security Cooperation in Iraq may, with the concurrence of the Secretary of State, include non-operational training activities in support of Iraqi Ministry of Defense and Counter Terrorism Service personnel in an institutional environment to address capability gaps, integrate processes relating to intelligence, air sovereignty, combined arms, logistics and maintenance, and to manage and integrate defense-related institutions: Provided further , That not later than 30 days following the enactment of this Act, the Secretary of Defense and the Secretary of State shall submit to the congressional defense committees a plan for transitioning any such training activities that they determine are needed after the end of fiscal year 2013, to existing or new contracts for the sale of defense articles or defense services consistent with the provisions of the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ): Provided further , That not less than 15 days before making funds available pursuant to the authority provided in this section, the Secretary of Defense shall submit to the congressional defense committees a written notification containing a detailed justification and timeline for the operations and activities of the Office of Security Cooperation in Iraq at each site where such operations and activities will be conducted during fiscal year 2013. (rescissions) 9013. Of the funds appropriated in Department of Defense Appropriations Acts, the following funds are hereby rescinded from the following account in the specified amount: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985: General Provisions, 2009/XXXX , $46,022,000. 9014. (a) None of the funds appropriated or otherwise made available by this Act under the heading Operation and Maintenance, Defense-Wide for payments under section 1233 of Public Law 110–181 for reimbursement to the Government of Pakistan may be made available unless the Secretary of Defense, in coordination with the Secretary of State, certifies to the Committees on Appropriations that the Government of Pakistan is— (1) cooperating with the United States in counterterrorism efforts against the Haqqani Network, the Quetta Shura Taliban, Lashkar e-Tayyiba, Jaish-e-Mohammed, Al Qaeda, and other domestic and foreign terrorist organizations, including taking steps to end support for such groups and prevent them from basing and operating in Pakistan and carrying out cross border attacks into neighboring countries; (2) not supporting terrorist activities against United States or coalition forces in Afghanistan, and Pakistan's military and intelligence agencies are not intervening extra-judicially into political and judicial processes in Pakistan; (3) dismantling improvised explosive device (IED) networks and interdicting precursor chemicals used in the manufacture of IEDs; (4) preventing the proliferation of nuclear-related material and expertise; (5) implementing policies to protect judicial independence and due process of law; (6) issuing visas in a timely manner for United States visitors engaged in counterterrorism efforts and assistance programs in Pakistan; and (7) providing humanitarian organizations access to detainees, internally displaced persons, and other Pakistani civilians affected by the conflict. (b) The Secretary of Defense, in coordination with the Secretary of State, may waive the restriction in paragraph (a) on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate that it is in the national security interest to do so: Provided , That if the Secretary of Defense, in coordination with the Secretary of State, exercises the authority of the previous proviso, the Secretaries shall report to the Committees on Appropriations on both the justification for the waiver and on the requirements of this section that the Government of Pakistan was not able to meet: Provided further , That such report may be submitted in classified form if necessary. X Additional General Provisions SPENDING REDUCTION ACCOUNT 10001. The amount by which the applicable allocation of new budget authority made by the Committee on Appropriations of the House of Representatives under section 302(b) of the Congressional Budget Act of 1974 exceeds the amount of proposed new budget authority is $0. This Act may be cited as the Department of Defense Appropriations Act, 2014 . June 17, 2013 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed
https://www.govinfo.gov/content/pkg/BILLS-113hr2397rh/xml/BILLS-113hr2397rh.xml
113-hr-2398
I 113th CONGRESS 1st Session H. R. 2398 IN THE HOUSE OF REPRESENTATIVES June 17, 2013 Mr. Bishop of Utah (for himself, Mr. Goodlatte , Mr. Smith of Texas , Mr. King of New York , Mr. Carter , Mr. Labrador , Mr. Hastings of Washington , and Mr. McCaul ) introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committees on Agriculture and Homeland Security , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To prohibit the Secretaries of the Interior and Agriculture from taking action on Federal lands that impede border security on such lands, and for other purposes. 1. Prohibition on actions that impede border security on certain Federal land (a) Short title This section may be cited as the National Security and Federal Lands Protection Act . (b) 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. (c) 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. (d) 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). (e) 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. (f) 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. (g) Tribal sovereignty Nothing in this section supersedes, replaces, negates, or diminishes treaties or other agreements between the United States and Indian tribes.
https://www.govinfo.gov/content/pkg/BILLS-113hr2398ih/xml/BILLS-113hr2398ih.xml
113-hr-2399
I 113th CONGRESS 1st Session H. R. 2399 IN THE HOUSE OF REPRESENTATIVES June 17, 2013 Mr. Conyers (for himself, Mr. Amash , Mr. Nadler , Mr. Mulvaney , Ms. Jackson Lee , Mr. Broun of Georgia , Mr. Johnson of Georgia , Mr. Duncan of Tennessee , Ms. Chu , Mr. Griffith of Virginia , Ms. DelBene , Mr. Jones , Mr. Enyart , Mr. Massie , Ms. Gabbard , Mr. McClintock , Mr. Grijalva , Mr. Pearce , Mr. Holt , Mr. Radel , Ms. Lee of California , Mr. Salmon , Mr. McDermott , Mr. Sanford , Mr. McGovern , Mr. O’Rourke , Mr. Polis , Ms. Sinema , Mr. Welch , and Ms. Lofgren ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Select Committee on Intelligence (Permanent Select) , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To prevent the mass collection of records of innocent Americans under section 501 of the Foreign Intelligence Surveillance Act of 1978, as amended by section 215 of the USA PATRIOT Act, and to provide for greater accountability and transparency in the implementation of the USA PATRIOT Act and the Foreign Intelligence Surveillance Act of 1978. 1. Short title This Act may be cited as the Limiting Internet and Blanket Electronic Review of Telecommunications and Email Act or LIBERT-E Act . 2. Reforms to access to certain business records for foreign intelligence and international terrorism investigations Section 501 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 ) is amended— (1) in subsection (b)(2)(A)— (A) in the matter preceding clause (i)— (i) by inserting specific and articulable before facts showing ; (ii) by inserting and material after are relevant ; and (iii) by striking clandestine intelligence activities and all that follows and inserting clandestine intelligence activities and pertain only to an individual that is the subject of such investigation; and ; and (B) by striking clauses (i) through (iii); (2) in subsection (c)(2)— (A) in subparagraph (D), by striking ; and and inserting a semicolon; (B) in subparagraph (E), by striking the period and inserting ; and ; and (C) by adding at the end the following new subparagraph: (F) shall direct the applicant to provide notice to each person required to produce a tangible thing under the order of— (i) the right to challenge the legality of a production order or nondisclosure order (as defined in subsection (f)) by filing a petition in accordance with subsection (f); and (ii) the procedures to follow to file such a petition in accordance with such subsection. ; and (3) in subsection (f)(2)— (A) in subparagraph (A)— (i) in clause (i)— (I) in the first sentence, by striking production order and inserting production order or nondisclosure order ; and (II) by striking the second sentence; and (ii) in clause (ii) in the third sentence, by striking production order or nondisclosure order and inserting order ; and (B) in subparagraph (C)— (i) by striking clause (ii); and (ii) by redesignating clause (iii) as clause (ii). 3. Additional disclosures to Congress and the public (a) In general Section 601 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1871 ) is amended— (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following new subsection: (e) Additional disclosures to Congress and the public (1) All Members of Congress Not later than 45 days after the date on which the Attorney General submits a report, decision, order, opinion, pleading, application, or memoranda of law under subsection (a) or (c), the Attorney General shall make such report, decision, order, opinion, pleading, application, or memoranda of law available to all Members of Congress (including the Delegates and Resident Commissioner to the Congress) in a manner consistent with the protection of national security. (2) Unclassified summaries of decisions, orders, or opinions Not later than 180 days after the date on which the Attorney General submits a decision, order, or opinion under subsection (c), the Attorney General shall make publicly available an unclassified summary of such decision, order, or opinion. . (b) Submissions made prior to date of enactment (1) All Members of Congress Not later than 45 days after the date of the enactment of this Act, the Attorney General shall make each report, decision, order, opinion, pleading, application, or memoranda of law submitted under subsection (a) or (c) of section 601 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1871 ) prior to the date of the enactment of this Act available to all Members of Congress (including the Delegates and Resident Commissioner to the Congress) in a manner consistent with the protection of national security. (2) Unclassified summaries of decisions, orders, or opinions Not later than 180 days after the date of the enactment of this Act, the Attorney General shall make publicly available an unclassified summary of each decision, order, or opinion submitted under section 601(c) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1871(c)) prior to the date of the enactment of this Act. 4. Report on impact of provisions relating to access to certain business records and targeting non-United States persons outside of the United States on privacy of persons located in the United States (a) Report Not later than one year after the date of enactment of this Act, the Inspector General of the Department of Justice and the inspector general of each element of the intelligence community authorized to acquire information pursuant to an order under section 501 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 ) or an order or determination under section 702 of such Act ( 50 U.S.C. 1881a ) on or after October 26, 2001, shall jointly submit to Congress a report on the impact of acquisitions made under such section 501 or such section 702 on or after October 26, 2001, on the privacy interests of United States persons. (b) Contents The report required by subsection (a) shall include the following (1) An assessment of the impact that implementation of section 501 (as in effect on or after October 26, 2001) and section 702 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 , 1881a) has had on the privacy of persons inside the United States. (2) An assessment of the extent to which acquisitions made under such section 501 and such section 702 have resulted in the acquisition or review of the contents of communications of persons located inside the United States, including— (A) the number of persons located inside the United States who have had the contents of their communications acquired under such section 501 or such section 702, and the number of persons located inside the United States who have had the contents of their communications reviewed under such section 501 or such section 702; or (B) if it is not possible to determine such numbers, the estimate of the inspectors general of such numbers made using representative sampling or other analytical techniques. (3) A review of the inspectors general of incidents of non-compliance with such section 501 or such section 702, with a particular focus on any types of non-compliance incidents that have recurred, and the impact of such non-compliance on the privacy of persons inside the United States. (c) Disclosure to the public Not later than 180 days after the date on which the report required by subsection (a) is submitted, the Inspector General of the Department of Justice shall make such report available to the public, with any redactions limited to those that are necessary to protect properly classified information. (d) Intelligence community defined In this section, the term intelligence community has the meaning given the term in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) ). 5. Form of assessments of procedures targeting certain persons located outside the United States Section 702(l) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881a ) is amended by adding at the end the following new paragraph: (4) Form of assessments and reviews Each assessment or review required under paragraph (1), (2), or (3) shall be submitted or provided in unclassified form, but may include a classified annex. .
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113-hr-2400
I 113th CONGRESS 1st Session H. R. 2400 IN THE HOUSE OF REPRESENTATIVES June 17, 2013 Mrs. Capps (for herself, Mr. Hanna , Mr. DeFazio , and Mr. Farr ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Organic Foods Production Act of 1990 to require recordkeeping and authorize investigations and enforcement actions for violations of such Act, and for other purposes. 1. Short title This Act may be cited as the Organic Standards Protection Act . 2. Recordkeeping, investigations, and enforcement The Organic Foods Production Act of 1990 is amended by inserting after section 2120 ( 7 U.S.C. 6519 ) the following: 2120A. Recordkeeping, investigations, and enforcement (a) Recordkeeping (1) In general Except as otherwise provided in this title, all persons, including producers, handlers, and certifying agents, required to report information to the Secretary under this title shall maintain, and make available to the Secretary on the request of the Secretary, all contracts, agreements, receipts, and other records associated with the organic certification program established by the Secretary under this title. (2) Duration of recordkeeping requirement A record covered by paragraph (1) shall be maintained— (A) by a person covered by this title, except for a certifying agent, for a period of 5 years beginning on the date of the creation of the record; and (B) by a certifying agent, for a period of 10 years beginning on the date of the creation of the record. (b) Confidentiality (1) In general Subject to paragraph (2), and except as provided in section 2107(a)(9) and as otherwise directed by the Secretary or the Attorney General for enforcement purposes, no officer, employee, or agent of the United States shall make available to the public information, statistics, or documents obtained from or made available by any person under this title, other than in a manner that ensures that confidentiality is preserved regarding the identity of persons, including parties to a contract, and proprietary business information. (2) Violators and nature of actions The Secretary may release the name of the violator and the nature of the actions triggering an order or revocation under subsection (e). (c) Investigation (1) In general The Secretary may take such investigative actions as the Secretary considers to be necessary to carry out this title— (A) to verify the accuracy of any information reported or made available under this title; and (B) to determine, with regard to actions, practices, or information required under this title, whether a person covered by this title has committed, or will commit, a violation of any provision of this title, including an order or regulation promulgated by the Secretary. (2) Investigative powers The Secretary may administer oaths and affirmations, subpoena witnesses, compel attendance of witnesses, take evidence, and require the production of any records required to be maintained under subsection (a) or section 2112(d) or 2116(c) that are relevant to the investigation. (d) Unlawful Act It shall be unlawful and a violation of this title for any person covered by this title— (1) to fail or refuse to provide, or delay the timely provision of, accurate information required by the Secretary under this section; (2) to violate— (A) an order of the Secretary; (B) a revocation of the organic certification of a producer or handler; or (C) a revocation of the accreditation of a certifying agent; or (3) to sell, or attempt to sell, a product that is represented as being organically produced under this title (including an order or regulation promulgated under this title) if in fact the product has been produced or handled by an operation that is not yet a certified organic producer or handler under this title. (e) Enforcement (1) Order (A) In general The Secretary may issue an order to stop the sale of an agricultural product that is labeled or otherwise represented as being organically produced in cases of suspected fraudulent or otherwise unlawful acts as described in subsection (d) that are willful, noncorrectable, or the subject of a combined noncompliance and adverse action until the product can be verified— (i) as meeting the national and State standards for organic production and handling as provided in sections 2105 through 2114; (ii) as having been produced or handled without the use of a prohibited substance listed under section 2118; and (iii) as being produced and handled by a certified organic operation. (B) Affirmative defense to stop sale order (i) In general If a producer or handler has a valid organic certification from the Department of Agriculture, the burden shall shift to the Secretary to prove fraud or unlawful activity that is willful, noncorrectable, or the subject of a combined noncompliance and adverse action before a stop sale order under subparagraph (A) may be implemented. (ii) Information (I) In general The producer or handler shall comply with any requests of the Secretary for documents and other information not later than 30 days after a request is made. (II) Noncompliance If the producer or handler fails to comply within the period described in subclause (I), the Secretary may issue a stop sale order. (C) Appeal of stop sale order (i) In general If the Secretary proves fraud or unlawful activity that is willful, noncorrectable, or the subject of a combined noncompliance and adverse action, the determination may be appealed through an expedited administrative appeal process. (ii) Deadline The expedited appeal process shall be completed not later than 30 days after the date of the issuance of the stop sale order. (iii) Stay Any stop sale order shall be stayed pending the 30 day-expedited appeal under this subparagraph. (2) Certification or accreditation After notice and opportunity for an administrative appeal under section 2121, if a violation described in subparagraph (A)(ii) is determined to have occurred and is an unlawful act under subsection (d), the Secretary shall revoke the organic certification of the producer or handler, or the accreditation of the certifying agent. (3) Violation of order or revocation A person who violates an order to stop the sale of a product as an organically produced product under paragraph (1), or a revocation of certification or accreditation under paragraph (2), shall be subject to 1 or more of the penalties provided under subsections (a) and (b) of section 2120. (f) Appeal (1) In general An order under subsection (e)(1), or a revocation of certification or accreditation under subsection (e)(2)(B), shall be final and conclusive unless the affected person files an appeal of the order— (A) first, to the administrative appeals process established under section 2121(a); and (B) after a final decision of the Secretary, if the affected person so elects, to a United States district court as provided in section 2121(b) not later than 30 days after the date of the determination under subparagraph (A). (2) Standard An order under subsection (e)(1)(A), or a revocation of certification or accreditation under subsection (e)(2), shall be set aside if the order, or the revocation of certification or accreditation, fails to comply with section 706 of title 5, United States Code. (g) Noncompliance (1) In general If a person covered by this title fails to obey an order, or a revocation of certification or accreditation, described in subsection (f)(2) after the order or revocation has become final and conclusive or after the appropriate United States district court has entered a final judgment in favor of the Secretary, the United States may apply to the appropriate United States district court for enforcement of the order, or the revocation of certification or accreditation. (2) Enforcement If the court determines that the order or revocation was lawfully made and duly served and that the person violated the order or revocation, the court shall enforce the order or revocation. (3) Civil penalty If the court finds that the person violated the order or revocation, the person shall be subject to a civil penalty of not more than $10,000 for each offense. .
https://www.govinfo.gov/content/pkg/BILLS-113hr2400ih/xml/BILLS-113hr2400ih.xml
113-hr-2401
I 113th CONGRESS 1st Session H. R. 2401 IN THE HOUSE OF REPRESENTATIVES June 17, 2013 Mr. Cotton introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committee on Agriculture , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To authorize the Secretary of Agriculture and the Secretary of the Interior to enter into cooperative agreements with State foresters authorizing State foresters to provide certain forest, rangeland, and watershed restoration and protection services. 1. Short title This Act may be cited as the Good Neighbor Forestry Act . 2. Definitions In this Act: (1) Eligible state The term eligible State means a State that contains National Forest System land or Bureau of Land Management land. (2) Secretary The term Secretary means— (A) the Secretary of Agriculture, with respect to National Forest System land; or (B) the Secretary of the Interior, with respect to Bureau of Land Management land. (3) State forester The term State forester means the head of a State agency with jurisdiction over State forestry programs in an eligible State. 3. Cooperative agreements and contracts (a) In general The Secretary may enter into a cooperative agreement or contract (including a sole source contract) with a State forester to authorize the State forester to provide the forest, rangeland, and watershed restoration, management, and protection services described in subsection (b) on National Forest System land or Bureau of Land Management land, as applicable, in the eligible State. (b) Authorized services The forest, rangeland, and watershed restoration, management, and protection services referred to in this section include the conduct of— (1) activities to treat insect-infected forests; (2) activities to reduce hazardous fuels; (3) activities involving commercial harvesting or other mechanical vegetation treatments; or (4) any other activities to restore or improve forest, rangeland, and watershed health, including fish and wildlife habitat (c) State as agent Except as provided in subsection (f), a cooperative agreement or contract entered into under subsection (a) may authorize the State forester to serve as the agent for the Secretary in providing the restoration, management, and protection services authorized under subsection (a). (d) Subcontracts In accordance with applicable contract procedures for the eligible State, a State forester may enter into subcontracts to provide the restoration, management, and protection services authorized under a cooperative agreement or contract entered into under subsection (a). (e) Timber sales Subsections (d) and (g) of section 14 of the National Forest Management Act of 1976 ( 16 U.S.C. 472a ) shall not apply to services performed under a cooperative agreement or contract entered into under subsection (a). (f) Retention of NEPA responsibilities Any decision required to be made under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) with respect to any restoration, management, and protection services to be provided under this Act by a State forester on National Forest System land or Bureau of Land Management land, as applicable, shall not be delegated to a State forester or any other officer or employee of the eligible State. (g) Applicable law The restoration, management, and protection services to be provided under this Act shall be carried out on a project-to-project basis under existing authorities of the Forest Service or Bureau of Land Management, as applicable.
https://www.govinfo.gov/content/pkg/BILLS-113hr2401ih/xml/BILLS-113hr2401ih.xml
113-hr-2402
I 113th CONGRESS 1st Session H. R. 2402 IN THE HOUSE OF REPRESENTATIVES June 17, 2013 Mr. Duffy introduced the following bill; which was referred to the Committee on Financial Services A BILL To replace the Director of the Bureau of Consumer Financial Protection with a five person Commission. 1. Short title This Act may be cited as the Consumer Financial Protection Commission Act of 2013 . 2. Establishment of the Commission Section 1011 of the Consumer Financial Protection Act of 2010 is amended— (1) by striking subsections (b), (c), and (d); (2) by redesignating subsection (e) as subsection (j); and (3) by inserting after subsection (a) the following new subsections: (b) Establishment of the Commission (1) In general There is hereby established a commission (hereinafter referred to in this section as the Commission ) that shall serve as the head of the Bureau. (2) Authority to prescribe regulations The Commission may prescribe such regulations and issue such orders in accordance with this title as the Commission may determine to be necessary for carrying out this title and all other laws within the Commission’s jurisdiction and shall exercise any authorities granted under this title and all other laws within the Commission’s jurisdiction. (c) Composition of the Commission (1) In general The Commission shall be composed of the Vice Chairman for Supervision of the Federal Reserve System and 4 additional members who shall be appointed by the President, by and with the advice and consent of the Senate, from among individuals who— (A) are citizens of the United States; (B) have strong competencies and experiences related to consumer financial protection; and (C) should want to protect service members and their families who are sacrificing their lives for this country from abusive financial practices. (2) Staggering The members of the Commission appointed under paragraph (1) shall serve staggered terms, which initially shall be established by the President for terms of 1, 2, 4, and 5 years, respectively. (3) Terms (A) In general Each member of the Commission appointed under paragraph (1), including the Chair, shall serve for a term of 5 years. (B) Removal for cause The President may remove any member of the Commission appointed under paragraph (1) only for inefficiency, neglect of duty, or malfeasance in office. (C) Vacancies Any member of the Commission appointed under paragraph (1) appointed to fill a vacancy occurring before the expiration of the term to which that member’s predecessor was appointed (including the Chair) shall be appointed only for the remainder of the term. (D) Continuation of service Each member of the Commission appointed under paragraph (1) may continue to serve after the expiration of the term of office to which that member was appointed until a successor has been appointed by the President and confirmed by the Senate, except that a member may not continue to serve more than 1 year after the date on which that member’s term would otherwise expire. (E) Other employment prohibited No member of the Commission appointed under paragraph (1) shall engage in any other business, vocation, or employment. (4) Roles and responsibilities of commissioners One member of the Commission shall have as their primary responsibility the oversight of the Bureau’s activities pertaining to protecting consumers, with a focus on consumers who are older, minorities, youth, or veterans, from unfair, deceptive, and abusive lending practices. The designated commissioner shall be responsible for— (A) ensuring the Bureau conducts regular outreach to consumers regarding industry lending activities; (B) researching and reporting to the full Commission, on a regular basis, the impact of new loan and credit products and services on consumers; and (C) ensuring the Bureau coordinates with State-level consumer protection agencies on enforcement measures that protect consumers from unfair, deceptive, and abusive lending practices. (d) Affiliation With respect to members appointed pursuant to subsection (c)(1), not more than 2 shall be members of any one political party. (e) Chair of the Commission (1) Appointment The Chair of the Commission shall be appointed by the President from among the members of the Commission appointed under paragraph (1). (2) Authority The Chair shall be the principal executive officer of the Bureau, and shall exercise all of the executive and administrative functions of the Bureau, including with respect to— (A) the appointment and supervision of personnel employed under the Bureau (other than personnel employed regularly and full time in the immediate offices of members of the Commission other than the Chair); (B) the distribution of business among personnel appointed and supervised by the Chair and among administrative units of the Bureau; and (C) the use and expenditure of funds. (3) Limitation In carrying out any of the Chair’s functions under the provisions of this subsection the Chair shall be governed by general policies of the Commission and by such regulatory decisions, findings, and determinations as the Commission may by law be authorized to make. (4) Requests or estimates related to appropriations Requests or estimates for regular, supplemental, or deficiency appropriations on behalf of the Commission may not be submitted by the Chair without the prior approval of the Commission. (f) No impairment by reason of vacancies No vacancy in the members of the Commission shall impair the right of the remaining members of the Commission to exercise all the powers of the Commission. Three members of the Commission shall constitute a quorum for the transaction of business, except that if there are only 3 members serving on the Commission because of vacancies in the Commission, 2 members of the Commission shall constitute a quorum for the transaction of business. If there are only 2 members serving on the Commission because of vacancies in the Commission, 2 members shall constitute a quorum for the 6-month period beginning on the date of the vacancy which caused the number of Commission members to decline to 2. (g) Seal The Commission shall have an official seal. (h) Compensation (1) Chair The Chair shall receive compensation at the rate prescribed for level I of the Executive Schedule under section 5313 of title 5, United States Code. (2) Other members of the Commission The 3 other members of the Commission appointed under subsection (c)(1) shall each receive compensation at the rate prescribed for level II of the Executive Schedule under section 5314 of title 5, United States Code. (i) Initial quorum established During any time period prior to the confirmation of at least two members of the Commission, one member of the Commission shall constitute a quorum for the transaction of business. Following the confirmation of at least 2 additional commissioners, the quorum requirements of subsection (f) shall apply. . 3. Conforming amendments (a) Consumer Financial Protection Act of 2010 (1) In general The Consumer Financial Protection Act of 2010 is amended— (A) in section 1002, by striking paragraph (10); (B) in section 1012(c)(4), by striking Director each place such term appears and inserting Commission of the Bureau ; (C) in section 1013(c)(3)— (i) by striking Assistant Director of the Bureau for and inserting Head of the Office of ; and (ii) in subparagraph (B), by striking Assistant Director and inserting Head of the Office ; (D) in section 1013(g)(2)— (i) by striking Assistant director and inserting Head of the Office ; and (ii) by striking an assistant director and inserting a Head of the Office of Financial Protection for Older Americans ; (E) in section 1016(a), by striking Director of the Bureau and inserting Chair of the Commission ; (F) in section 1017(c)(1), by striking Director and other employees and inserting members of the Commission and other employees ; (G) in section 1027(l)(1), by striking Director and the ; and (H) in section 1066(a), by striking Director of the Bureau is and inserting first member of the Commission is . (2) Global amendments The Consumer Financial Protection Act of 2010 is amended— (A) by striking Director of the each place such term appears, other than in— (i) subparagraphs (A) and (E) of section 1017(4); (ii) section 1043; (iii) section 1061(b)(3); (iv) section 1062; (v) section 1063(f); (vi) subparagraphs (E) and (G) of section 1064(i)(2); and (vii) section 1065(a); and (B) by striking Director each place such term appears and inserting Bureau , other than in— (i) section 1063(f)(2); and (ii) section 1065(a). (b) Dodd-Frank Wall Street Reform and Consumer Protection Act The Dodd-Frank Wall Street Reform and Consumer Protection Act is amended— (1) in section 111(b)(1)(D), by striking Director and inserting Chair of the Commission ; and (2) in section 1447, by striking Director of the Bureau each place such term appears and inserting Bureau . (c) Electronic Fund Transfer Act Section 921(a)(4)(C) of the Electronic Fund Transfer Act, as added by section 1075(a)(2) of the Consumer Financial Protection Act of 2010, is amended by striking Director of the Bureau of Consumer Financial Protection and inserting Bureau of Consumer Financial Protection . (d) Expedited Funds Availability Act The Expedited Funds Availability Act, as amended by section 1086 of the Consumer Financial Protection Act of 2010, is amended by striking Director of the Bureau each place such term appears and inserting Bureau . (e) Federal Deposit Insurance Act Section 2 of the Federal Deposit Insurance Act, as amended by section 336(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, is amended by striking Director of the Consumer Financial Protection Bureau each place such term appears and inserting Chair of the Commission of the Bureau of Consumer Financial Protection . (f) Federal Financial Institutions Examination Council Act of 1978 Section 1004(a)(4) of the Federal Financial Institutions Examination Council Act of 1978 ( 12 U.S.C. 3303(a)(4) ), as amended by section 1091 of the Consumer Financial Protection Act of 2010, is amended by striking Director of the Consumer Financial Protection Bureau and inserting Chair of the Commission of the Bureau of Consumer Financial Protection . (g) Financial Literacy and Education Improvement Act Section 513 of the Financial Literacy and Education Improvement Act, as amended by section 1013(d) of the Consumer Financial Protection Act of 2010, is amended by striking Director each place such term appears and inserting Chair of the Commission . (h) Home Mortgage Disclosure Act of 1975 Section 307 of the Home Mortgage Disclosure Act of 1975, as amended by section 1094(6) of the Consumer Financial Protection Act of 2010, is amended by striking Director of the Bureau of Consumer Financial Protection each place such term appears and inserting Bureau of Consumer Financial Protection . (i) Interstate Land Sales Full Disclosure Act The Interstate Land Sales Full Disclosure Act, as amended by section 1098A of the Consumer Financial Protection Act of 2010, is amended— (1) by amending section 1402(1) to read as follows: (1) Chair means the Chair of the Commission of the Bureau of Consumer Financial Protection; ; (2) in section 1416(a), by striking Director of the Bureau of Consumer Financial Protection and inserting Chair ; and (3) by striking “Director” each place such term appears and inserting “Bureau”. (j) Real Estate Settlement Procedures Act of 1974 Section 5 of the Real Estate Settlement Procedures Act of 1974, as amended by section 1450 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, is amended— (1) by striking The Director of the Bureau of Consumer Financial Protection (hereafter in this section referred to as the Director ) and inserting The Bureau of Consumer Financial Protection ; and (2) by striking Director each place such term appears and inserting Bureau . (k) S.A.F.E. Mortgage Licensing Act of 2008 The S.A.F.E. Mortgage Licensing Act of 2008, as amended by section 1100 of the Consumer Financial Protection Act of 2010, is amended— (1) by striking Director each place such term appears in headings and text and inserting Bureau ; and (2) in section 1503, by striking paragraph (10). (l) Title 44, United States Code Section 3513(c) of title 44, United States Code, as amended by section 1100D(b) of the Consumer Financial Protection Act of 2010, is amended by striking Director of the Bureau and inserting Bureau .
https://www.govinfo.gov/content/pkg/BILLS-113hr2402ih/xml/BILLS-113hr2402ih.xml
113-hr-2403
I 113th CONGRESS 1st Session H. R. 2403 IN THE HOUSE OF REPRESENTATIVES June 17, 2013 Mr. Gingrey of Georgia introduced the following bill; which was referred to the Committee on House Administration A BILL To amend the National Voter Registration Act of 1993 to permit a State to require an applicant for voter registration in the State who uses the Federal mail voter registration application form developed by the Election Assistance Commission under such Act to provide additional information as a condition of the State’s acceptance of the form. 1. Short title This Act may be cited as the Securing America’s Fair Elections Act or the SAFE Act . 2. Permitting States to require voter registration applicants using Federal mail form to submit additional information as condition of acceptance of application (a) In General Section 6(a)(1) of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–4(a)(1) ) is amended by striking the period at the end and inserting the following: , except that a State may require an applicant who submits such form to provide additional information relating to the applicant’s eligibility to register to vote in elections for Federal office in the State (including information relating to the applicant’s citizenship status) as a condition of the State’s acceptance of the form. . (b) Effective Date The amendment made by subsection (a) shall apply with respect to elections for Federal office held after the date of the enactment of this Act.
https://www.govinfo.gov/content/pkg/BILLS-113hr2403ih/xml/BILLS-113hr2403ih.xml
113-hr-2404
I 113th CONGRESS 1st Session H. R. 2404 IN THE HOUSE OF REPRESENTATIVES June 17, 2013 Mr. Paulsen (for himself, Ms. McCollum , and Mr. McGovern ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Food and Nutrition Act of 2008 to permit providers of eligible food purchasing and delivery services to be approved as retail food stores that accept and redeem supplemental nutrition assistance benefits. 1. Short title This Act may be cited as the Enhancing Nutrition Services to the Elderly and Disabled Act of 2013 . 2. Enhancing services to elderly and disabled supplemental nutrition assistance program recipients Section 3(p) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012(p) ) is amended— (1) in paragraph (3) by striking and at the end, (2) in paragraph (4) by striking the period at the end and inserting ; and , and (3) by inserting after paragraph (4) the following: (5) a public or private nonprofit food purchasing and delivery service that— (A) purchases food for, and delivers such food to, individuals who are— (i) unable to shop for food; and (ii) (I) not less than 60 years of age; or (II) physically or mentally handicapped or otherwise disabled; (B) clearly notifies the participating household at the time such household places a food order— (i) of any delivery fee associated with the food purchase and delivery provided to such household by such service; and (ii) that a delivery fee cannot be paid with benefits provided under the supplemental nutrition assistance program; and (C) sells food purchased for such household at the price paid by such service for such food and without any additional cost markup. . 3. Implementation (a) Issuance of regulations Not later than 1 year after the date of enactment of this Act, the Secretary of Agriculture shall issue regulations that— (1) establish criteria to identify a food purchasing and delivery service referred to in section 3(p)(5) of the Food and Nutrition Act of 2008, and (2) establish procedures to ensure that such service— (A) does not charge more for a food item than the price paid by such service for such food item, (B) offers food delivery service at no or low cost to households under such Act, (C) ensures that benefits provided under the supplemental nutrition assistance program are used only to purchase food, as defined in section 3 of such Act, (D) limits the purchase of food, and the delivery of such food, to households eligible to receive services described in section 3(p)(5) of this Act, (E) has established adequate safeguards against fraudulent activities, including unauthorized use of electronic benefit cards issued under such Act, and (F) such other requirements as the Secretary deems to be appropriate. (b) Limitation Before the issuance of regulations under subsection (a), the Secretary of Agriculture may not approve more than 20 food purchasing and delivery services referred to in section 3(p)(5) of the Food and Nutrition Act of 2008 to participate as retail food stores under the supplemental nutrition assistance program. 4. Effective date This Act and the amendments made by this Act shall take effect 30 days after the date of the enactment of this Act.
https://www.govinfo.gov/content/pkg/BILLS-113hr2404ih/xml/BILLS-113hr2404ih.xml
113-hr-2405
I 113th CONGRESS 1st Session H. R. 2405 IN THE HOUSE OF REPRESENTATIVES June 17, 2013 Mr. Scott of Virginia introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend chapter 44 of title 18, United States Code, to clarify the circumstances under which the enhanced penalty provisions for subsequent convictions apply. 1. Short title This Act may be cited as the Firearm Recidivist Sentencing Act of 2013 . 2. Amendments to enhanced penalties provisions Section 924(c) of title 18, United States Code, is amended— (1) in paragraph (1)— (A) in subparagraph (A), by striking Except to the extent that a greater minimum sentence is otherwise provided by this subsection or by any other provision of law, any and inserting Any ; (B) in each of subparagraphs (A) through (C), by striking less each place it appears and inserting more ; and (C) in subparagraph (C)— (i) by striking In the case of a second or subsequent conviction under this subsection and inserting If a person is convicted under this subsection after a prior conviction under this subsection has become final ; and (ii) by striking imprisonment and inserting a term of imprisonment for any term of years or ; (2) in paragraph (5)— (A) in subparagraph (A), by striking less and inserting more ; and (B) in subparagraph (B)(i), by striking punished by death or ; and (3) by adding at the end the following: (6) The provisions of section 411 of the Controlled Substances Act ( 21 U.S.C. 851 ), other than subsections (a)(2) and (e) of such section, as in effect on the date of the enactment of this paragraph, shall apply to sentencing for convictions under this subsection in the same manner in which such provisions apply to sentencing for offenses under part D of title II of such Act. .
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113-hr-2406
V 113th CONGRESS 1st Session H. R. 2406 IN THE HOUSE OF REPRESENTATIVES June 17, 2013 Mr. Rangel introduced the following bill; which was referred to the Committee on the Judiciary A BILL For the relief of Daniel Wachira. 1. Permanent Resident Status for Daniel Wachira (a) In General Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Daniel Wachira 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 Daniel Wachira 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 Daniel Wachira, 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 Daniel Wachira 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-113hr2406ih/xml/BILLS-113hr2406ih.xml
113-hr-2407
I 113th CONGRESS 1st Session H. R. 2407 IN THE HOUSE OF REPRESENTATIVES June 18, 2013 Mr. Sean Patrick Maloney of New York (for himself, Mr. Gibson , and Mrs. Lowey ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To reauthorize the Hudson River Valley National Heritage Area. 1. Reauthorization of Hudson River Valley National Heritage Area Section 910 of the Hudson River Valley National Heritage Area Act of 1996 ( 16 U.S.C. 461 note; Public Law 104–333 ; 127 Stat. 420) is amended by striking 2013 and inserting 2022 .
https://www.govinfo.gov/content/pkg/BILLS-113hr2407ih/xml/BILLS-113hr2407ih.xml
113-hr-2408
I 113th CONGRESS 1st Session H. R. 2408 IN THE HOUSE OF REPRESENTATIVES June 18, 2013 Mr. Schweikert (for himself and Mr. Amash ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To prohibit the Department of Justice from tracking and cataloguing the purchases of multiple rifles and shotguns. 1. Prohibition of tracking or cataloguing firearms purchases For fiscal year 2013 and each fiscal year thereafter, no Federal funds may be used to require or continue to require a person licensed under section 923 of title 18, United States Code, to report information to the Department of Justice regarding the sale of multiple rifles or shotguns to the same person.
https://www.govinfo.gov/content/pkg/BILLS-113hr2408ih/xml/BILLS-113hr2408ih.xml
113-hr-2409
I 113th CONGRESS 1st Session H. R. 2409 IN THE HOUSE OF REPRESENTATIVES June 18, 2013 Mr. Salmon (for himself, Mr. Franks of Arizona , Mr. Schweikert , and Mr. Gosar ) introduced the following bill; which was referred to the Committee on House Administration A BILL To amend the National Voter Registration Act of 1993 to permit a State to require an applicant for voter registration in the State who uses the Federal mail voter registration application form developed by the Election Assistance Commission under such Act to provide documentary evidence of citizenship as a condition of the State’s acceptance of the form. 1. Short title This Act may be cited as the State Sovereignty in Voting Act . 2. Permitting States to require voter registration applicants using Federal mail form to submit documentary evidence of citizenship as condition of acceptance of application (a) In General Section 6(a)(1) of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–4(a)(1) ) is amended by striking the period at the end and inserting the following: , except that a State may require an applicant who submits such form to provide documentary evidence of the applicant’s citizenship as a condition of the State’s acceptance of the form. . (b) Effective Date The amendment made by subsection (a) shall apply with respect to elections for Federal office held after the date of the enactment of this Act.
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113-hr-2410
IB Union Calendar No. 82 113th CONGRESS 1st Session H. R. 2410 [Report No. 113–116] IN THE HOUSE OF REPRESENTATIVES June 18, 2013 Mr. Aderholt, from the Committee on Appropriations, reported the following bill; which was committed to the Committee of the Whole House on the State of the Union and ordered to be printed A BILL Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 2014, and for other purposes. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for fiscal year ending September 30, 2014, and for other purposes, namely: I AGRICULTURAL PROGRAMS Production, Processing and Marketing Office of the Secretary (including transfers of funds) For necessary expenses of the Office of the Secretary, $40,516,000, of which not to exceed $4,550,000 shall be available for the immediate Office of the Secretary; not to exceed $498,000 shall be available for the Office of Tribal Relations; not to exceed $1,295,000 shall be available for the Office of Homeland Security and Emergency Coordination; not to exceed $1,185,000 shall be available for the Office of Advocacy and Outreach; not to exceed $21,580,000 shall be available for the Office of the Assistant Secretary for Administration, of which $20,760,000 shall be available for Departmental Administration to provide for necessary expenses for management support services to offices of the Department and for general administration, security, repairs and alterations, and other miscellaneous supplies and expenses not otherwise provided for and necessary for the practical and efficient work of the Department; not to exceed $3,504,000 shall be available for the Office of Assistant Secretary for Congressional Relations to carry out the programs funded by this Act, including programs involving intergovernmental affairs and liaison within the executive branch; and not to exceed $7,904,000 shall be available for the Office of Communications: Provided , That the Secretary of Agriculture is authorized to transfer funds appropriated for any office of the Office of the Secretary to any other office of the Office of the Secretary: Provided further , That no appropriation for any office shall be increased or decreased by more than 5 percent: Provided further , That not to exceed $11,000 of the amount made available under this paragraph for the immediate Office of the Secretary shall be available for official reception and representation expenses, not otherwise provided for, as determined by the Secretary: Provided further , That the amount made available under this heading for Departmental Administration shall be reimbursed from applicable appropriations in this Act for travel expenses incident to the holding of hearings as required by 5 U.S.C. 551–558: Provided further , That funds made available under this heading for the Office of Assistant Secretary for Congressional Relations may be transferred to agencies of the Department of Agriculture funded by this Act to maintain personnel at the agency level: Provided further , That no funds made available under this heading for the Office of Assistant Secretary for Congressional Relations may be obligated after 30 days from the date of enactment of this Act, unless the Secretary has notified the Committees on Appropriations of both Houses of Congress on the allocation of these funds by USDA agency. Executive Operations Office of the chief economist For necessary expenses of the Office of the Chief Economist, $15,245,000, of which $4,000,000 shall be for grants or cooperative agreements for policy research under 7 U.S.C. 3155 and shall be obligated within 90 days of enactment of this Act. national appeals division For necessary expenses of the National Appeals Division, $12,584,000. Office of budget and program analysis For necessary expenses of the Office of Budget and Program Analysis, $8,767,000. Office of the Chief Information Officer For necessary expenses of the Office of the Chief Information Officer, $42,925,000. Office of the Chief Financial Officer For necessary expenses of the Office of the Chief Financial Officer, $6,090,000. Office of the assistant secretary for civil rights For necessary expenses of the Office of the Assistant Secretary for Civil Rights, $871,000. Office of civil rights For necessary expenses of the Office of Civil Rights, $20,540,000. Agriculture Buildings and Facilities (including transfers of funds) For programs and activities of the Department which are included in this Act, and for alterations and other actions needed for the Department and its agencies to consolidate unneeded space into configurations suitable for release to the Administrator of General Services, and for the operation, maintenance, improvement, and repair of Agriculture buildings and facilities, and for related costs, $64,658,000, to remain available until expended, of which $13,800,000 is for payments to the Department of Homeland Security for building security activities; and of which $50,858,000 is for buildings operations and maintenance expenses. Hazardous materials management (INCLUDING TRANSFERS OF FUNDS) For necessary expenses of the Department of Agriculture, to comply with the Comprehensive Environmental Response, Compensation, and Liability Act ( 42 U.S.C. 9601 et seq. ) and the Resource Conservation and Recovery Act ( 42 U.S.C. 6901 et seq. ), $3,520,000, to remain available until expended: Provided , That appropriations and funds available herein to the Department for Hazardous Materials Management may be transferred to any agency of the Department for its use in meeting all requirements pursuant to the above Acts on Federal and non-Federal lands. Office of inspector general For necessary expenses of the Office of Inspector General, including employment pursuant to the Inspector General Act of 1978, $86,779,000, including such sums as may be necessary for contracting and other arrangements with public agencies and private persons pursuant to section 6(a)(9) of the Inspector General Act of 1978, and including not to exceed $125,000 for certain confidential operational expenses, including the payment of informants, to be expended under the direction of the Inspector General pursuant to Public Law 95–452 and section 1337 of Public Law 97–98 . Office of the General Counsel For necessary expenses of the Office of the General Counsel, $40,558,000. Office of Ethics For necessary expenses of the Office of Ethics, $3,337,000. Office of the under secretary for research, education, and economics For necessary expenses of the Office of the Under Secretary for Research, Education and Economics, $871,000. Economic research service For necessary expenses of the Economic Research Service, $75,452,000. National agricultural statistics service For necessary expenses of the National Agricultural Statistics Service, $154,762,000, of which up to $42,295,000 shall be available until expended for the Census of Agriculture. Agricultural research service salaries and expenses For necessary expenses of the Agricultural Research Service and for acquisition of lands by donation, exchange, or purchase at a nominal cost not to exceed $100, and for land exchanges where the lands exchanged shall be of equal value or shall be equalized by a payment of money to the grantor which shall not exceed 25 percent of the total value of the land or interests transferred out of Federal ownership, $1,074,163,000: Provided , That appropriations hereunder shall be available for the operation and maintenance of aircraft and the purchase of not to exceed one for replacement only: Provided further, That appropriations hereunder shall be available pursuant to 7 U.S.C. 2250 for the construction, alteration, and repair of buildings and improvements, but unless otherwise provided, the cost of constructing any one building shall not exceed $375,000, except for headhouses or greenhouses which shall each be limited to $1,200,000, and except for 10 buildings to be constructed or improved at a cost not to exceed $750,000 each, and the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building or $375,000, whichever is greater: Provided further, That the limitations on alterations contained in this Act shall not apply to modernization or replacement of existing facilities at Beltsville, Maryland: Provided further, That appropriations hereunder shall be available for granting easements at the Beltsville Agricultural Research Center: Provided further, That the foregoing limitations shall not apply to replacement of buildings needed to carry out the Act of April 24, 1948 ( 21 U.S.C. 113a ): Provided further , That appropriations hereunder shall be available for granting easements at any Agricultural Research Service location for the construction of a research facility by a non-Federal entity for use by, and acceptable to, the Agricultural Research Service and a condition of the easements shall be that upon completion the facility shall be accepted by the Secretary, subject to the availability of funds herein, if the Secretary finds that acceptance of the facility is in the interest of the United States: Provided further, That section 732(b) of division A of Public Law 112–55 (125 Stat. 587) is amended by adding at the end the following new sentence: The conveyance authority provided by this subsection expires September 30, 2014, and all conveyances under this subsection must be completed by that date. : Provided further, That funds may be received from any State, other political subdivision, organization, or individual for the purpose of establishing or operating any research facility or research project of the Agricultural Research Service, as authorized by law. National Institute of Food and Agriculture Research and Education Activities For payments to agricultural experiment stations, for cooperative forestry and other research, for facilities, and for other expenses, $718,714,000, which shall be for the purposes, and in the amounts, specified in the table titled National Institute of Food and Agriculture, Research and Education Activities in the report accompanying this Act: Provided , That funds for research grants for 1994 institutions, education grants for 1890 institutions, capacity building for non-land-grant colleges of agriculture, the agriculture and food research initiative, Critical Agricultural Materials Act, veterinary medicine loan repayment, multicultural scholars, graduate fellowship and institution challenge grants, and grants management systems shall remain available until expended: Provided further, That each institution eligible to receive funds under the Evans-Allen program receives no less than $1,000,000: Provided further , That funds for education grants for Alaska Native and Native Hawaiian-serving institutions be made available to individual eligible institutions or consortia of eligible institutions with funds awarded equally to each of the States of Alaska and Hawaii: Provided further , That funds for education grants for 1890 institutions shall be made available to institutions eligible to receive funds under 7 U.S.C. 3221 and 3222. Native American Institutions Endowment Fund For the Native American Institutions Endowment Fund authorized by Public Law 103–382 ( 7 U.S.C. 301 note), $11,880,000, to remain available until expended. Extension Activities For payments to States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, Micronesia, the Northern Marianas, and American Samoa, $459,011,000, which shall be for the purposes, and in the amounts, specified in the table titled National Institute of Food and Agriculture, Extension Activities in the report accompanying this Act: Provided, That funds for facility improvements at 1890 institutions shall remain available until expended: Provided further , That institutions eligible to receive funds under 7 U.S.C. 3221 for cooperative extension receive no less than $1,000,000: Provided further , That funds for cooperative extension under sections 3(b) and (c) of the Smith-Lever Act ( 7 U.S.C. 343(b) and (c)) and section 208(c) of Public Law 93–471 shall be available for retirement and employees' compensation costs for extension agents. Integrated Activities For the integrated research, education, and extension grants programs, including necessary administrative expenses, $31,137,000, which shall be for the purposes, and in the amounts, specified in the table titled National Institute of Food and Agriculture, Integrated Activities in the report accompanying this Act. Office of the under secretary for marketing and regulatory programs For necessary expenses of the Office of the Under Secretary for Marketing and Regulatory Programs, $871,000. Animal and Plant Health Inspection Service Salaries and Expenses (including transfers of funds) For necessary expenses of the Animal and Plant Health Inspection Service, including up to $30,000 for representation allowances and for expenses pursuant to the Foreign Service Act of 1980 ( 22 U.S.C. 4085 ), $803,538,000; of which $12,720,000, to remain available until expended, shall be used for the cotton pests program for cost share purposes or for debt retirement for active eradication zones; of which $34,500,000, to remain available until expended, shall be for Animal Health Technical Services; of which $500,000 shall be for activities under the authority of the Horse Protection Act of 1970, as amended ( 15 U.S.C. 1831 ); of which $52,340,000, to remain available until expended, shall be used to support avian health; of which $4,167,000, to remain available until expended, shall be for information technology infrastructure; of which $148,489,000, to remain available until expended, shall be for specialty crop pests; of which, $8,877,000, to remain available until expended, shall be for field crop and rangeland ecosystem pests; of which $48,290,000, to remain available until expended, shall be for tree and wood pests; of which $2,750,000, to remain available until expended, shall be for the National Veterinary Stockpile; of which up to $1,500,000, to remain available until expended, shall be for the scrapie program for indemnities; of which $1,000,000, to remain available until expended, shall be for wildlife services methods development; of which $1,500,000, to remain available until expended, shall be for the wildlife damage management program for aviation safety: Provided , That, of amounts available under this heading for the screwworm program, $4,990,000 shall remain available until expended: Provided further , That no funds shall be used to formulate or administer a brucellosis eradication program for the current fiscal year that does not require minimum matching by the States of at least 40 percent: Provided further , That this appropriation shall be available for the operation and maintenance of aircraft and the purchase of not to exceed four, of which two shall be for replacement only: Provided further , That, in addition, in emergencies which threaten any segment of the agricultural production industry of this country, the Secretary may transfer from other appropriations or funds available to the agencies or corporations of the Department such sums as may be deemed necessary, to be available only in such emergencies for the arrest and eradication of contagious or infectious disease or pests of animals, poultry, or plants, and for expenses in accordance with sections 10411 and 10417 of the Animal Health Protection Act (7 U.S.C. 8310 and 8316) and sections 431 and 442 of the Plant Protection Act (7 U.S.C. 7751 and 7772), and any unexpended balances of funds transferred for such emergency purposes in the preceding fiscal year shall be merged with such transferred amounts: Provided further , That appropriations hereunder shall be available pursuant to law ( 7 U.S.C. 2250 ) for the repair and alteration of leased buildings and improvements, but unless otherwise provided the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building. In fiscal year 2014, the agency is authorized to collect fees to cover the total costs of providing technical assistance, goods, or services requested by States, other political subdivisions, domestic and international organizations, foreign governments, or individuals, provided that such fees are structured such that any entity's liability for such fees is reasonably based on the technical assistance, goods, or services provided to the entity by the agency, and such fees shall be reimbursed to this account, to remain available until expended, without further appropriation, for providing such assistance, goods, or services. Agricultural Marketing Service MARKETING SERVICES For necessary expenses of the Agricultural Marketing Service, $77,035,000: Provided , That this appropriation shall be available pursuant to law ( 7 U.S.C. 2250 ) for the alteration and repair of buildings and improvements, but the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building. Fees may be collected for the cost of standardization activities, as established by regulation pursuant to law ( 31 U.S.C. 9701 ). Limitation on Administrative Expenses Not to exceed $60,435,000 (from fees collected) shall be obligated during the current fiscal year for administrative expenses: Provided , That if crop size is understated and/or other uncontrollable events occur, the agency may exceed this limitation by up to 10 percent with notification to the Committees on Appropriations of both Houses of Congress. Funds for Strengthening Markets, Income, and Supply (Section 32) (INCLUDING TRANSFERS OF FUNDS) Funds available under section 32 of the Act of August 24, 1935 ( 7 U.S.C. 612c ), shall be used only for commodity program expenses as authorized therein, and other related operating expenses, except for: (1) transfers to the Department of Commerce as authorized by the Fish and Wildlife Act of August 8, 1956; (2) transfers otherwise provided in this Act; and (3) not more than $20,181,000 for formulation and administration of marketing agreements and orders pursuant to the Agricultural Marketing Agreement Act of 1937 and the Agricultural Act of 1961. Payments to States and Possessions For payments to departments of agriculture, bureaus and departments of markets, and similar agencies for marketing activities under section 204(b) of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1623(b) ), $1,171,000. Grain Inspection, Packers and Stockyards Administration SALARIES AND EXPENSES For necessary expenses of the Grain Inspection, Packers and Stockyards Administration, $39,249,000: Provided , That this appropriation shall be available pursuant to law ( 7 U.S.C. 2250 ) for the alteration and repair of buildings and improvements, but the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building. limitation on inspection and weighing services expenses Not to exceed $50,000,000 (from fees collected) shall be obligated during the current fiscal year for inspection and weighing services: Provided , That if grain export activities require additional supervision and oversight, or other uncontrollable factors occur, this limitation may be exceeded by up to 10 percent with notification to the Committees on Appropriations of both Houses of Congress. Office of the under secretary for food safety For necessary expenses of the Office of the Under Secretary for Food Safety, $791,000. Food Safety and Inspection Service For necessary expenses to carry out services authorized by the Federal Meat Inspection Act, the Poultry Products Inspection Act, and the Egg Products Inspection Act, including not to exceed $50,000 for representation allowances and for expenses pursuant to section 8 of the Act approved August 3, 1956 ( 7 U.S.C. 1766 ), $998,762,000; and in addition, $1,000,000 may be credited to this account from fees collected for the cost of laboratory accreditation as authorized by section 1327 of the Food, Agriculture, Conservation and Trade Act of 1990 ( 7 U.S.C. 138f ): Provided, That funds provided for the Public Health Data Communication Infrastructure system shall remain available until expended: Provided further, That no fewer than 148 full-time equivalent positions shall be employed during fiscal year 2014 for purposes dedicated solely to inspections and enforcement related to the Humane Methods of Slaughter Act: Provided further, That this appropriation shall be available pursuant to law ( 7 U.S.C. 2250 ) for the alteration and repair of buildings and improvements, but the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building. Office of the under secretary for farm and foreign agricultural services For necessary expenses of the Office of the Under Secretary for Farm and Foreign Agricultural Services, $871,000. Farm service agency SALARIES AND EXPENSES (INCLUDING TRANSFERS OF FUNDS) For necessary expenses of the Farm Service Agency, $1,177,926,000: Provided , That the Secretary is authorized to use the services, facilities, and authorities (but not the funds) of the Commodity Credit Corporation to make program payments for all programs administered by the Agency: Provided further, That other funds made available to the Agency for authorized activities may be advanced to and merged with this account: Provided further, That funds made available to county committees shall remain available until expended. STATE MEDIATION GRANTS For grants pursuant to section 502(b) of the Agricultural Credit Act of 1987, as amended ( 7 U.S.C. 5101–5106 ), $4,259,000. Grassroots source water protection program For necessary expenses to carry out wellhead or groundwater protection activities under section 1240O of the Food Security Act of 1985 ( 16 U.S.C. 3839bb–2 ), $4,552,000, to remain available until expended. Dairy Indemnity Program (INCLUDING TRANSFER OF FUNDS) For necessary expenses involved in making indemnity payments to dairy farmers and manufacturers of dairy products under a dairy indemnity program, such sums as may be necessary, to remain available until expended: Provided , That such program is carried out by the Secretary in the same manner as the dairy indemnity program described in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 ( Public Law 106–387 , 114 Stat. 1549A–12). Agricultural Credit Insurance Fund Program Account (including transfers of funds) For gross obligations for the principal amount of direct and guaranteed farm ownership ( 7 U.S.C. 1922 et seq. ) and operating ( 7 U.S.C. 1941 et seq. ) loans, emergency loans ( 7 U.S.C. 1961 et seq. ), Indian tribe land acquisition loans ( 25 U.S.C. 488 ), boll weevil loans ( 7 U.S.C. 1989 ), guaranteed conservation loans ( 7 U.S.C. 1924 et seq. ), and Indian highly fractionated land loans ( 25 U.S.C. 488 ) to be available from funds in the Agricultural Credit Insurance Fund, as follows: $2,000,000,000 for unsubsidized guaranteed farm ownership loans and $575,000,000 for direct farm ownership loans; $1,426,311,000 for unsubsidized guaranteed farm operating loans and $1,131,752,000 for direct farm operating loans; emergency loans, $26,204,000; Indian tribe land acquisition loans, $2,000,000; guaranteed conservation loans, $150,000,000; Indian highly fractionated land loans, $10,000,000; and for boll weevil eradication program loans, $60,000,000: Provided , That the Secretary shall deem the pink bollworm to be a boll weevil for the purpose of boll weevil eradication program loans. For the cost of direct and guaranteed loans and grants, including the cost of modifying loans as defined in section 502 of the Congressional Budget Act of 1974, as follows: $4,428,000 for direct farm ownership loans; $62,020,000 for direct farm operating loans; $17,401,000 for unsubsidized guaranteed farm operating loans; emergency loans, $1,284,000, to remain available until expended; and Indian highly fractionated land loans, $68,000. In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $305,034,000, of which $297,313,000 shall be paid to the appropriation for Farm Service Agency, Salaries and Expenses . Funds appropriated by this Act to the Agricultural Credit Insurance Program Account for farm ownership, operating and conservation direct loans and guaranteed loans may be transferred among these programs: Provided , That the Committees on Appropriations of both Houses of Congress are notified at least 15 days in advance of any transfer. Risk management agency For necessary expenses of the Risk Management Agency, $71,496,000: Provided, That not to exceed $1,000 shall be available for official reception and representation expenses, as authorized by 7 U.S.C. 1506(i) . CORPORATIONS The following corporations and agencies are hereby authorized to make expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accord with law, and to make contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for such corporation or agency, except as hereinafter provided. Federal crop insurance corporation fund For payments as authorized by section 516 of the Federal Crop Insurance Act ( 7 U.S.C. 1516 ), such sums as may be necessary, to remain available until expended. Commodity credit corporation fund Reimbursement for net realized losses (INCLUDING TRANSFERS OF FUNDS) For the current fiscal year, such sums as may be necessary to reimburse the Commodity Credit Corporation for net realized losses sustained, but not previously reimbursed, pursuant to section 2 of the Act of August 17, 1961 ( 15 U.S.C. 713a–11 ): Provided , That of the funds available to the Commodity Credit Corporation under section 11 of the Commodity Credit Corporation Charter Act ( 15 U.S.C. 714i ) for the conduct of its business with the Foreign Agricultural Service, up to $5,000,000 may be transferred to and used by the Foreign Agricultural Service for information resource management activities of the Foreign Agricultural Service that are not related to Commodity Credit Corporation business. Hazardous waste management (LIMITATION ON EXPENSES) For the current fiscal year, the Commodity Credit Corporation shall not expend more than $5,000,000 for site investigation and cleanup expenses, and operations and maintenance expenses to comply with the requirement of section 107(g) of the Comprehensive Environmental Response, Compensation, and Liability Act ( 42 U.S.C. 9607(g) ), and section 6001 of the Resource Conservation and Recovery Act ( 42 U.S.C. 6961 ). II CONSERVATION PROGRAMS Office of the under secretary for natural resources and environment For necessary expenses of the Office of the Under Secretary for Natural Resources and Environment, $871,000. Natural Resources Conservation Service Conservation operations For necessary expenses for carrying out the provisions of the Act of April 27, 1935 (16 U.S.C. 590a–f), including preparation of conservation plans and establishment of measures to conserve soil and water (including farm irrigation and land drainage and such special measures for soil and water management as may be necessary to prevent floods and the siltation of reservoirs and to control agricultural related pollutants); operation of conservation plant materials centers; classification and mapping of soil; dissemination of information; acquisition of lands, water, and interests therein for use in the plant materials program by donation, exchange, or purchase at a nominal cost not to exceed $100 pursuant to the Act of August 3, 1956 ( 7 U.S.C. 428a ); purchase and erection or alteration or improvement of permanent and temporary buildings; and operation and maintenance of aircraft, $810,115,000, to remain available until September 30, 2015: Provided , That appropriations hereunder shall be available pursuant to 7 U.S.C. 2250 for construction and improvement of buildings and public improvements at plant materials centers, except that the cost of alterations and improvements to other buildings and other public improvements shall not exceed $250,000: Provided further, That when buildings or other structures are erected on non-Federal land, that the right to use such land is obtained as provided in 7 U.S.C. 2250a. Watershed Rehabilitation Program Under the authorities of section 14 of the Watershed Protection and Flood Prevention Act, $12,000,000 is provided. III RURAL DEVELOPMENT PROGRAMS Office of the under secretary for rural development For necessary expenses of the Office of the Under Secretary for Rural Development, $871,000. Rural Development Salaries and Expenses (INCLUDING TRANSFERS OF FUNDS) For necessary expenses for carrying out the administration and implementation of programs in the Rural Development mission area, including activities with institutions concerning the development and operation of agricultural cooperatives; and for cooperative agreements; $201,659,000: Provided, That $32,000,000 shall be for the Comprehensive Loan Accounting System: Provided further, That notwithstanding any other provision of law, funds appropriated under this heading may be used for advertising and promotional activities that support the Rural Development mission area: Provided further, That any balances available from prior years for the Rural Utilities Service, Rural Housing Service, and the Rural Business—Cooperative Service salaries and expenses accounts shall be transferred to and merged with this appropriation. Rural housing service Rural housing insurance fund program account (INCLUDING TRANSFERS OF FUNDS) For gross obligations for the principal amount of direct and guaranteed loans as authorized by title V of the Housing Act of 1949, to be available from funds in the rural housing insurance fund, as follows: $820,221,000 shall be for direct loans and $24,000,000,000 shall be for unsubsidized guaranteed loans; $25,362,000 for section 504 housing repair loans; $28,432,000 for section 515 rental housing; $150,000,000 for section 538 guaranteed multi-family housing loans; $10,000,000 for credit sales of single family housing acquired property; and $5,000,000 for section 523 self-help housing land development loans. For the cost of direct and guaranteed loans, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, as follows: section 502 loans, $22,310,000 shall be for direct loans; section 504 housing repair loans, $2,100,000; and repair, rehabilitation, and new construction of section 515 rental housing, $6,656,000: Provided, That to support the loan program level for section 538 guaranteed loans made available under this heading the Secretary may charge or adjust any fees to cover the projected cost of such loan guarantees pursuant to the provisions of the Credit Reform Act of 1990 ( 2 U.S.C. 661 et seq. ), and the interest on such loans may not be subsidized. In addition, for the cost of direct loans, grants, and contracts, as authorized by 42 U.S.C. 1484 and 1486, $13,168,000, to remain available until expended, for direct farm labor housing loans and domestic farm labor housing grants and contracts: Provided , That any balances available for the Farm Labor Program Account shall be transferred and merged with this account. In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $400,308,000 shall be transferred to and merged with the appropriation for Rural Development, Salaries and Expenses . Rental Assistance Program For rental assistance agreements entered into or renewed pursuant to the authority under section 521(a)(2) or agreements entered into in lieu of debt forgiveness or payments for eligible households as authorized by section 502(c)(5)(D) of the Housing Act of 1949, $1,012,050,000; and, in addition, such sums as may be necessary, as authorized by section 521(c) of the Act, to liquidate debt incurred prior to fiscal year 1992 to carry out the rental assistance program under section 521(a)(2) of the Act: Provided , That rental assistance agreements entered into or renewed during the current fiscal year shall be funded for a 1-year period: Provided further , That any unexpended balances remaining at the end of such one-year agreements may be transferred and used for the purposes of any debt reduction; maintenance, repair, or rehabilitation of any existing projects; preservation; and rental assistance activities authorized under title V of the Act: Provided further , That rental assistance provided under agreements entered into prior to fiscal year 2014 for a farm labor multi-family housing project financed under section 514 or 516 of the Act may not be recaptured for use in another project until such assistance has remained unused for a period of 12 consecutive months, if such project has a waiting list of tenants seeking such assistance or the project has rental assistance eligible tenants who are not receiving such assistance: Provided further , That such recaptured rental assistance shall, to the extent practicable, be applied to another farm labor multi-family housing project financed under section 514 or 516 of the Act. Multi-family housing revitalization program account For the rural housing voucher program as authorized under section 542 of the Housing Act of 1949, but notwithstanding subsection (b) of such section, and for additional costs to conduct a demonstration program for the preservation and revitalization of multi-family rental housing properties described in this paragraph, $27,084,000, to remain available until expended: Provided , That of the funds made available under this heading, $9,749,000, shall be available for rural housing vouchers to any low-income household (including those not receiving rental assistance) residing in a property financed with a section 515 loan which has been prepaid after September 30, 2005: Provided further, That the amount of such voucher shall be the difference between comparable market rent for the section 515 unit and the tenant paid rent for such unit: Provided further, That funds made available for such vouchers shall be subject to the availability of annual appropriations: Provided further, That the Secretary shall, to the maximum extent practicable, administer such vouchers with current regulations and administrative guidance applicable to section 8 housing vouchers administered by the Secretary of the Department of Housing and Urban Development: Provided further, That if the Secretary determines that the amount made available for vouchers in this or any other Act is not needed for vouchers, the Secretary may use such funds for the demonstration program for the preservation and revitalization of multi-family rental housing properties described in this paragraph: Provided further, That of the funds made available under this heading, $17,335,000 shall be available for a demonstration program for the preservation and revitalization of the sections 514, 515, and 516 multi-family rental housing properties to restructure existing USDA multi-family housing loans, as the Secretary deems appropriate, expressly for the purposes of ensuring the project has sufficient resources to preserve the project for the purpose of providing safe and affordable housing for low-income residents and farm laborers including reducing or eliminating interest; deferring loan payments, subordinating, reducing or reamortizing loan debt; and other financial assistance including advances, payments and incentives (including the ability of owners to obtain reasonable returns on investment) required by the Secretary: Provided further, That the Secretary shall as part of the preservation and revitalization agreement obtain a restrictive use agreement consistent with the terms of the restructuring: Provided further, That if the Secretary determines that additional funds for vouchers described in this paragraph are needed, funds for the preservation and revitalization demonstration program may be used for such vouchers: Provided further, That if Congress enacts legislation to permanently authorize a multi-family rental housing loan restructuring program similar to the demonstration program described herein, the Secretary may use funds made available for the demonstration program under this heading to carry out such legislation with the prior approval of the Committees on Appropriations of both Houses of Congress: Provided further, That in addition to any other available funds, the Secretary may expend not more than $975,000 total, from the program funds made available under this heading, for administrative expenses for activities funded under this heading. Mutual and self-help housing grants For grants and contracts pursuant to section 523(b)(1)(A) of the Housing Act of 1949 ( 42 U.S.C. 1490c ), $17,131,000, to remain available until expended. Rural housing assistance grants For grants for very low-income housing repair made by the Rural Housing Service, as authorized by 42 U.S.C. 1474 , $18,585,000, to remain available until expended. Rural community facilities program account (INCLUDING TRANSFERS OF FUNDS) For gross obligations for the principal amount of direct and guaranteed loans as authorized by section 306 and described in section 381E(d)(1) of the Consolidated Farm and Rural Development Act, $2,200,000,000 for direct loans and $47,319,000 for guaranteed loans. For the cost of guaranteed loans, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, $3,000,000, to remain available until expended. For the cost of grants for rural community facilities programs as authorized by section 306 and described in section 381E(d)(1) of the Consolidated Farm and Rural Development Act, $22,251,000, to remain available until expended: Provided , That $5,967,000 of the amount appropriated under this heading shall be available for a Rural Community Development Initiative: Provided further, That such funds shall be used solely to develop the capacity and ability of private, nonprofit community-based housing and community development organizations, low-income rural communities, and Federally Recognized Native American Tribes to undertake projects to improve housing, community facilities, community and economic development projects in rural areas: Provided further, That such funds shall be made available to qualified private, nonprofit and public intermediary organizations proposing to carry out a program of financial and technical assistance: Provided further, That such intermediary organizations shall provide matching funds from other sources, including Federal funds for related activities, in an amount not less than funds provided: Provided further, That $3,284,000 of the amount appropriated under this heading shall be available for community facilities grants to tribal colleges, as authorized by section 306(a)(19) of such Act: Provided further, That sections 381E–H and 381N of the Consolidated Farm and Rural Development Act are not applicable to the funds made available under this heading. Rural Business—Cooperative Service Rural business program account (INCLUDING TRANSFERS OF FUNDS) For the cost of loan guarantees and grants, for the rural business development programs authorized by sections 306 and 310B and described in sections 310B(g) and 381E(d)(3) of the Consolidated Farm and Rural Development Act, $71,777,000, to remain available until expended: Provided , That of the amount appropriated under this heading, not to exceed $500,000 shall be made available for one grant to a qualified national organization to provide technical assistance for rural transportation in order to promote economic development and: Provided further, That $3,900,000 of the amount appropriated under this heading shall be for business grants to benefit Federally Recognized Native American Tribes, including $244,000 for a grant to a qualified national organization to provide technical assistance for rural transportation in order to promote economic development: Provided further, That sections 381E–H and 381N of the Consolidated Farm and Rural Development Act are not applicable to funds made available under this heading. Rural Development Loan Fund Program Account (including transfer of funds) For the principal amount of direct loans, as authorized by the Rural Development Loan Fund ( 42 U.S.C. 9812(a) ), $18,889,000. For the cost of direct loans, $4,082,000, as authorized by the Rural Development Loan Fund ( 42 U.S.C. 9812(a) ), of which $531,000 shall be available through June 30, 2014, for Federally Recognized Native American Tribes; and of which $1,021,000 shall be available through June 30, 2014, for Mississippi Delta Region counties (as determined in accordance with Public Law 100–460 ): Provided , That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974. In addition, for administrative expenses to carry out the direct loan programs, $4,326,000 shall be transferred to and merged with the appropriation for Rural Development, Salaries and Expenses . Rural economic development loans program account (INCLUDING RESCISSION OF FUNDS) For the principal amount of direct loans, as authorized under section 313 of the Rural Electrification Act, for the purpose of promoting rural economic development and job creation projects, $33,077,000. Of the funds derived from interest on the cushion of credit payments, as authorized by section 313 of the Rural Electrification Act of 1936, $180,000,000 shall not be obligated and $180,000,000 are rescinded. Rural cooperative development grants For rural cooperative development grants authorized under section 310B(e) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1932 ), $17,250,000, of which $2,250,000 shall be for cooperative agreements for the appropriate technology transfer for rural areas program; and of which $15,000,000, to remain available until expended, shall be for value-added agricultural product market development grants, as authorized by section 231 of the Agricultural Risk Protection Act of 2000 ( 7 U.S.C. 1621 note). Rural energy for america program For the cost of a program of loan guarantees, under the same terms and conditions as authorized by section 9007 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8107 ), $3,000,000: Provided , That the cost of loan guarantees, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974. Rural Utilities Service Rural water and waste disposal program account (INCLUDING TRANSFERS OF FUNDS) For the cost of direct loans, loan guarantees, and grants for the rural water, waste water, waste disposal, and solid waste management programs authorized by sections 306, 306A, 306C, 306D, 306E, and 310B and described in sections 306C(a)(2), 306D, 306E, and 381E(d)(2) of the Consolidated Farm and Rural Development Act, $447,997,000, to remain available until expended, of which not to exceed $500,000 shall be available for the rural utilities program described in section 306(a)(2)(B) of such Act, and of which not to exceed $968,000 shall be available for the rural utilities program described in section 306E of such Act: Provided , That $64,829,000 of the amount appropriated under this heading shall be for loans and grants including water and waste disposal systems grants authorized by 306C(a)(2)(B) and 306D of the Consolidated Farm and Rural Development Act, Federally recognized Native American Tribes authorized by 306C(a)(1), and the Department of Hawaiian Home Lands (of the State of Hawaii): Provided further, That funding provided for section 306D of the Consolidated Farm and Rural Development Act may be provided to a consortium formed pursuant to section 325 of Public Law 105–83 : Provided further, That not more than 2 percent of the funding provided for section 306D of the Consolidated Farm and Rural Development Act may be used by the State of Alaska for training and technical assistance programs and not more than 2 percent of the funding provided for section 306D of the Consolidated Farm and Rural Development Act may be used by a consortium formed pursuant to section 325 of Public Law 105–83 for training and technical assistance programs: Provided further, That not to exceed $18,523,000 of the amount appropriated under this heading shall be for technical assistance grants for rural water and waste systems pursuant to section 306(a)(14) of such Act, unless the Secretary makes a determination of extreme need, of which $5,606,000 shall be made available for a grant to a qualified non-profit multi-state regional technical assistance organization, with experience in working with small communities on water and waste water problems, the principal purpose of such grant shall be to assist rural communities with populations of 3,300 or less, in improving the planning, financing, development, operation, and management of water and waste water systems, and of which not less than $780,000 shall be for a qualified national Native American organization to provide technical assistance for rural water systems for tribal communities: Provided further, That not to exceed $14,623,000 of the amount appropriated under this heading shall be for contracting with qualified national organizations for a circuit rider program to provide technical assistance for rural water systems: Provided further, That not to exceed $3,315,000 shall be for solid waste management grants: Provided further, That any prior year balances for high energy cost grants authorized by section 19 of the Rural Electrification Act of 1936 ( 7 U.S.C. 918a ) shall be transferred to and merged with the Rural Utilities Service, High Energy Cost Grants Account: Provided further, That sections 381E–H and 381N of the Consolidated Farm and Rural Development Act are not applicable to the funds made available under this heading. Rural electrification and telecommunications loans program account (INCLUDING TRANSFER OF FUNDS) The principal amount of direct and guaranteed loans as authorized by sections 305 and 306 of the Rural Electrification Act of 1936 (7 U.S.C. 935 and 936) shall be made as follows: loans made pursuant to section 306 of that Act, rural electric, $4,000,000,000; guaranteed underwriting loans pursuant to section 313A, $500,000,000; cost of money rural telecommunications loans, $690,000,000: Provided, That up to $2,000,000,000 shall be used for the construction, acquisition, or improvement of fossil-fueled electric generating plants (whether new or existing) that utilize carbon sequestration systems. In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $33,601,000, which shall be transferred to and merged with the appropriation for Rural Development, Salaries and Expenses . Distance learning, telemedicine, and broadband program For the principal amount of broadband telecommunication loans, $42,146,000. For grants for telemedicine and distance learning services in rural areas, as authorized by 7 U.S.C. 950aaa et seq. , $24,323,000, to remain available until expended. For the cost of broadband loans, as authorized by section 601 of the Rural Electrification Act, $5,500,000, to remain available until expended: Provided , That the cost of direct loans shall be as defined in section 502 of the Congressional Budget Act of 1974. In addition, $10,111,000, to remain available until expended, for a grant program to finance broadband transmission in rural areas eligible for Distance Learning and Telemedicine Program benefits authorized by 7 U.S.C. 950aaa. IV DOMESTIC FOOD PROGRAMS Office of the under secretary for food, nutrition, and consumer services For necessary expenses of the Office of the Under Secretary for Food, Nutrition and Consumer Services, $791,000. Food and nutrition service Child nutrition programs (INCLUDING TRANSFERS OF FUNDS) For necessary expenses to carry out the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ), except section 21, and the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ), except sections 17 and 21; $20,452,229,000, to remain available through September 30, 2015, of which such sums as are made available under section 14222(b)(1) of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 ), as amended by this Act, shall be merged with and available for the same time period and purposes as provided herein: Provided , That of the total amount available, $17,004,000 shall be available to carry out section 19 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ). Special supplemental nutrition program for women, infants, and children For necessary expenses to carry out the special supplemental nutrition program as authorized by section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ), $6,654,871,000, to remain available through September 30, 2015: Provided , That notwithstanding section 17(h)(10) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(h)(10) ), not less than $60,000,000 shall be used for breastfeeding peer counselors and other related activities, $14,000,000 shall be used for infrastructure, and $30,000,000 shall be used for management information systems: Provided further , That funds made available under section 17(h)(10) shall only be made available upon a determination by the Secretary that funds are available to meet caseload requirements without the use of funds in the contingency reserve that are without fiscal year limitation: Provided further , That none of the funds provided in this account shall be available for the purchase of infant formula except in accordance with the cost containment and competitive bidding requirements specified in section 17 of such Act: Provided further, That none of the funds provided shall be available for activities that are not fully reimbursed by other Federal Government departments or agencies unless authorized by section 17 of such Act. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM For necessary expenses to carry out the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ), $76,332,112,000, of which $3,000,000,000, to remain available through September 30, 2015, shall be placed in reserve for use only in such amounts and at such times as may become necessary to carry out program operations: Provided , That funds provided herein shall be expended in accordance with section 16 of the Food and Nutrition Act of 2008: Provided further , That of the funds made available under this heading, $998,000 may be used to provide nutrition education services to State agencies and Federally recognized tribes participating in the Food Distribution Program on Indian Reservations: Provided further, That this appropriation shall be subject to any work registration or workfare requirements as may be required by law: Provided further, That funds made available for Employment and Training under this heading shall remain available until expended, notwithstanding section 16(h)(1) of the Food and Nutrition Act of 2008: Provided further , That of the funds made available under this heading, not more than $350,000,000 shall be expended for section 28(d)(1)(D) of the Food and Nutrition Act of 2008 and shall remain available through September 30, 2015: Provided further, That funds made available under this heading may be used to enter into contracts and employ staff to conduct studies, evaluations, or to conduct activities related to program integrity provided that such activities are authorized by the Food and Nutrition Act of 2008. Commodity assistance program For necessary expenses to carry out disaster assistance and the Commodity Supplemental Food Program as authorized by section 4(a) of the Agriculture and Consumer Protection Act of 1973 ( 7 U.S.C. 612c note); the Emergency Food Assistance Act of 1983; special assistance for the nuclear affected islands, as authorized by section 103(f)(2) of the Compact of Free Association Amendments Act of 2003 ( Public Law 108–188 ); and the Farmers' Market Nutrition Program, as authorized by section 17(m) of the Child Nutrition Act of 1966, $265,892,000, to remain available through September 30, 2015: Provided , That none of these funds shall be available to reimburse the Commodity Credit Corporation for commodities donated to the program: Provided further, That notwithstanding any other provision of law, effective with funds made available in fiscal year 2014 to support the Seniors Farmers' Market Nutrition Program, as authorized by section 4402 of the Farm Security and Rural Investment Act of 2002, such funds shall remain available through September 30, 2015: Provided further, That of the funds made available under section 27(a) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2036(a) ), the Secretary may use up to 10 percent for costs associated with the distribution of commodities. Nutrition programs administration For necessary administrative expenses of the Food and Nutrition Service for carrying out any domestic nutrition assistance program, $139,899,000: Provided , That of the funds provided herein $2,000,000 shall be used for the purposes of section 4404 of Public Law 107–171 , as amended by section 4401 of Public Law 110–246 . V FOREIGN ASSISTANCE AND RELATED PROGRAMS Foreign agricultural service Salaries and expenses (INCLUDING TRANSFERS OF FUNDS) For necessary expenses of the Foreign Agricultural Service, including not to exceed $158,000 for representation allowances and for expenses pursuant to section 8 of the Act approved August 3, 1956 ( 7 U.S.C. 1766 ), $172,866,000: Provided , That the Service may utilize advances of funds, or reimburse this appropriation for expenditures made on behalf of Federal agencies, public and private organizations and institutions under agreements executed pursuant to the agricultural food production assistance programs ( 7 U.S.C. 1737 ) and the foreign assistance programs of the United States Agency for International Development: Provided further, That funds made available for middle-income country training programs, funds made available for the Borlaug International Agricultural Science and Technology Fellowship program, and up to $2,000,000 of the Foreign Agricultural Service appropriation solely for the purpose of offsetting fluctuations in international currency exchange rates, subject to documentation by the Foreign Agricultural Service, shall remain available until expended. Food for peace title I direct credit and food for progress program account (INCLUDING TRANSFERS OF FUNDS) For administrative expenses to carry out the credit program of title I, Food for Peace Act ( Public Law 83–480 ) and the Food for Progress Act of 1985, $2,735,000, shall be paid to the appropriation for Farm Service Agency, Salaries and Expenses : Provided , That funds made available for the cost of agreements under title I of the Agricultural Trade Development and Assistance Act of 1954 and for title I ocean freight differential may be used interchangeably between the two accounts with prior notice to the Committees on Appropriations of both Houses of Congress. Food for peace title II grants For expenses during the current fiscal year, not otherwise recoverable, and unrecovered prior years' costs, including interest thereon, under the Food for Peace Act ( Public Law 83–480 , as amended), for commodities supplied in connection with dispositions abroad under title II of said Act, $1,149,680,000, to remain available until expended. Commodity credit corporation export (Loans) credit guarantee program account (INCLUDING TRANSFERS OF FUNDS) For administrative expenses to carry out the Commodity Credit Corporation's export guarantee program, GSM 102 and GSM 103, $6,635,000; to cover common overhead expenses as permitted by section 11 of the Commodity Credit Corporation Charter Act and in conformity with the Federal Credit Reform Act of 1990, of which $6,290,000 shall be paid to the appropriation for Foreign Agricultural Service, Salaries and Expenses , and of which $345,000 shall be paid to the appropriation for Farm Service Agency, Salaries and Expenses . Mc Govern-Dole international food for education and child nutrition program grants For necessary expenses to carry out the provisions of section 3107 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 1736o–1 ), $180,320,000, to remain available until expended: Provided , That the Commodity Credit Corporation is authorized to provide the services, facilities, and authorities for the purpose of implementing such section, subject to reimbursement from amounts provided herein. VI RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration Salaries and Expenses For necessary expenses of the Food and Drug Administration, including hire and purchase of passenger motor vehicles; for payment of space rental and related costs pursuant to Public Law 92–313 for programs and activities of the Food and Drug Administration which are included in this Act; for rental of special purpose space in the District of Columbia or elsewhere; for miscellaneous and emergency expenses of enforcement activities, authorized and approved by the Secretary and to be accounted for solely on the Secretary's certificate, not to exceed $25,000; and notwithstanding section 521 of Public Law 107–188 ; $4,280,164,000: Provided , That of the amount provided under this heading, $760,000,000 shall be derived from prescription drug user fees authorized by 21 U.S.C. 379h , and shall be credited to this account and remain available until expended, and shall not include any fees pursuant to 21 U.S.C. 379h(a)(2) and (a)(3) assessed for fiscal year 2015 but collected in fiscal year 2014; $114,833,000 shall be derived from medical device user fees authorized by 21 U.S.C. 379j , and shall be credited to this account and remain available until expended; $23,600,000 shall be derived from animal drug user fees authorized by 21 U.S.C. 379j–12 , and shall be credited to this account and remain available until expended; $7,328,000 shall be derived from animal generic drug user fees authorized by 21 U.S.C. 379j–21 , and shall be credited to this account and remain available until expended; $534,000,000 shall be derived from tobacco product user fees authorized by 21 U.S.C. 387s and shall be credited to this account and remain available until expended; $12,925,000 shall be derived from food and feed recall fees authorized by 21 U.S.C. 379j-31 , and shall be credited to this account and remain available until expended; $15,367,000 shall be derived from food reinspection fees authorized by 21 U.S.C. 379j-31 , and shall be credited to this account and remain available until expended; $305,996,000 shall be derived from human generic drug user fees authorized by 21 U.S.C. 379j-42 , and shall be credited to this account and remain available until expended; $20,716,000 shall be derived from biosimilar biological product user fees authorized by 21 U.S.C. 379j-52 , and shall be credited to this account and remain available until expended; and amounts derived from voluntary qualified importer program fees authorized by 21 U.S.C. 379j-31 , and shall be credited to this account and remain available until expended: Provided further, That in addition and notwithstanding any other provision under this heading, amounts collected for prescription drug user fees, medical device user fees, human generic drug user fees, biosimilar biological product user fees, animal drug user fees, and animal generic drug user fees that exceed the respective fiscal year 2014 limitations are appropriated and shall be credited to this account and remain available until expended: Provided further, That fees derived from prescription drug, medical device, animal drug, animal generic drug, human generic drug, biosimilar biological, and tobacco product assessments for fiscal year 2014 received during fiscal year 2014, including any such fees assessed prior to fiscal year 2014 but credited for fiscal year 2014, shall be subject to the fiscal year 2014 limitations: Provided further, That none of these funds shall be used to develop, establish, or operate any program of user fees authorized by 31 U.S.C. 9701: Provided further, That of the total amount appropriated: (1) $878,161,000 shall be for the Center for Food Safety and Applied Nutrition and related field activities in the Office of Regulatory Affairs; (2) $1,288,191,000 shall be for the Center for Drug Evaluation and Research and related field activities in the Office of Regulatory Affairs; (3) $331,726,000 shall be for the Center for Biologics Evaluation and Research and for related field activities in the Office of Regulatory Affairs; (4) $168,098,000 shall be for the Center for Veterinary Medicine and for related field activities in the Office of Regulatory Affairs; (5) $400,938,000 shall be for the Center for Devices and Radiological Health and for related field activities in the Office of Regulatory Affairs; (6) $57,869,000 shall be for the National Center for Toxicological Research; (7) $501,476,000 shall be for the Center for Tobacco Products and for related field activities in the Office of Regulatory Affairs; (8) not to exceed $175,785,000 shall be for Rent and Related activities, of which $63,896,000 is for White Oak Consolidation, other than the amounts paid to the General Services Administration for rent; (9) not to exceed $209,436,000 shall be for payments to the General Services Administration for rent; and (10) $268,484,000, of which not less than $10,312,000 shall be for Medical Countermeasure initiative, shall be for other activities, including the Office of the Commissioner of Food and Drugs, the Office of Foods and Veterinary Medicine, the Office of Medical and Tobacco Products, the Office of Global and Regulatory Policy, the Office of Operations, the Office of the Chief Scientist, and central services for these offices: Provided further , That the Secretary may, prior to the due date for such fees, accept payment of prescription drug user fees, medical device user fees, human generic drug user fees, biosimilar biological product user fees, animal drug user fees, and animal generic drug user fees authorized for fiscal year 2015, and that amounts of such fees assessed for fiscal year 2015 for which the Secretary accepts payment in fiscal year 2014 shall not be included in amounts provided under this heading: Provided further , That not to exceed $25,000 of this amount shall be for official reception and representation expenses, not otherwise provided for, as determined by the Commissioner: Provided further , That any transfer of funds pursuant to section 770(n) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379dd(n) ) shall only be from amounts made available under this heading for other activities: Provided further , That funds may be transferred from one specified activity to another with the prior approval of the Committees on Appropriations of both Houses of Congress. In addition, mammography user fees authorized by 42 U.S.C. 263b , export certification user fees authorized by 21 U.S.C. 381 , and priority review user fees authorized by 21 U.S.C. 360n may be credited to this account, to remain available until expended. Independent Agencies Commodity Futures Trading Commission For necessary expenses to carry out the provisions of the Commodity Exchange Act ( 7 U.S.C. 1 et seq. ), including the purchase and hire of passenger motor vehicles, and the rental of space (to include multiple year leases) in the District of Columbia and elsewhere, $194,555,000, including not to exceed $3,000 for official reception and representation expenses, and not to exceed $25,000 for the expenses for consultations and meetings hosted by the Commission with foreign governmental and other regulatory officials, of which $35,500,000, shall be for the purchase of information technology until September 30, 2015, except that such amount shall not be used for personnel compensation and benefits, and of which $1,430,000 shall be for the Office of the Inspector General: Provided , That the Chairman of the Commodity Futures Trading Commission shall develop and report to the Committees on Appropriations of the House of Representatives and the Senate, the House Committee on Agriculture, the Senate Committee on Agriculture, Nutrition and Forestry, the House Committee on Financial Services, and the Senate Committee on Banking, Housing, and Urban Affairs within 30 days after the date of the enactment of this Act, a schedule of implementation and sequencing of all rules, regulations, and orders under section 716 or 722(d) of Public Law 111–203 , section 1a(49)(D) or 4m of the Commodity Exchange Act, or any of the amendments made by section 737 of Public Law 111–203 , including all Commission cost benefit analyses and studies relied upon in the formulation of any regulations issued in implementing any of such sections or amendments. Farm Credit Administration Limitation on Administrative Expenses Not to exceed $61,900,000 (from assessments collected from farm credit institutions, including the Federal Agricultural Mortgage Corporation) shall be obligated during the current fiscal year for administrative expenses as authorized under 12 U.S.C. 2249: Provided , That this limitation shall not apply to expenses associated with receiverships: Provided further , That the agency may exceed this limitation by up to 10 percent with notification to the Committees on Appropriations of both Houses of Congress: Provided further , That no funds available to the Farm Credit Administration shall be used to implement or enforce those portions of the final regulation published in the Federal Register on October 3, 2012, (77 Fed. Reg. 60, 582-602), establishing a requirement that Farm Credit System institutions hold an advisory vote on officer compensation. VII GENERAL PROVISIONS (INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS) 701. Within the unit limit of cost fixed by law, appropriations and authorizations made for the Department of Agriculture for the current fiscal year under this Act shall be available for the purchase, in addition to those specifically provided for, of not to exceed 69 passenger motor vehicles of which 69 shall be for replacement only, and for the hire of such vehicles: Provided , That notwithstanding this section, the only purchase of new passenger vehicles shall be for those determined by the Secretary to be necessary for transportation safety, to reduce operational costs, and for the protection of life, property, and public safety. 702. Notwithstanding any other provision of this Act, the Secretary of Agriculture may transfer unobligated balances of discretionary funds appropriated by this Act or any other available unobligated discretionary balances that are remaining available of the Department of Agriculture to the Working Capital Fund for the acquisition of plant and capital equipment necessary for the delivery of financial, administrative, and information technology services of primary benefit to the agencies of the Department of Agriculture, such transferred funds to remain available until expended: Provided , That none of the funds made available by this Act or any other Act shall be transferred to the Working Capital Fund without the prior approval of the agency administrator: Provided further, That none of the funds transferred to the Working Capital Fund pursuant to this section shall be available for obligation without written notification to and the prior approval of the Committees on Appropriations of both Houses of Congress: Provided further, That none of the funds appropriated by this Act or made available to the Department's Working Capital Fund shall be available for obligation or expenditure to make any changes to the Department's National Finance Center without written notification to and prior approval of the Committees on Appropriations of both Houses of Congress as required by section 721 of this Act: Provided further, That of annual income amounts in the Working Capital Fund of the Department of Agriculture allocated for the National Finance Center, the Secretary may reserve not more than 4 percent for the replacement or acquisition of capital equipment, including equipment for the improvement and implementation of a financial management plan, information technology, and other systems of the National Finance Center or to pay any unforeseen, extraordinary cost of the National Finance Center: Provided further, That none of the amounts reserved shall be available for obligation unless the Secretary submits written notification of the obligation to the Committees on Appropriations of the House of Representatives and the Senate: Provided further, That the limitation on the obligation of funds pending notification to Congressional Committees shall not apply to any obligation that, as determined by the Secretary, is necessary to respond to a declared state of emergency that significantly impacts the operations of the National Finance Center; or to evacuate employees of the National Finance Center to a safe haven to continue operations of the National Finance Center. 703. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 704. No funds appropriated by this Act may be used to pay negotiated indirect cost rates on cooperative agreements or similar arrangements between the United States Department of Agriculture and nonprofit institutions in excess of 10 percent of the total direct cost of the agreement when the purpose of such cooperative arrangements is to carry out programs of mutual interest between the two parties. This does not preclude appropriate payment of indirect costs on grants and contracts with such institutions when such indirect costs are computed on a similar basis for all agencies for which appropriations are provided in this Act. 705. Appropriations to the Department of Agriculture for the cost of direct and guaranteed loans made available in the current fiscal year shall remain available until expended to disburse obligations made in the current fiscal year for the following accounts: the Rural Development Loan Fund program account, the Rural Electrification and Telecommunication Loans program account, and the Rural Housing Insurance Fund program account. 706. None of the funds made available to the Department of Agriculture by this Act may be used to acquire new information technology systems or significant upgrades, as determined by the Office of the Chief Information Officer, without the approval of the Chief Information Officer and the concurrence of the Executive Information Technology Investment Review Board: Provided , That notwithstanding any other provision of law, none of the funds appropriated or otherwise made available by this Act may be transferred to the Office of the Chief Information Officer without written notification to and the prior approval of the Committees on Appropriations of both Houses of Congress: Provided further, That none of the funds available to the Department of Agriculture for information technology shall be obligated for projects over $25,000 prior to receipt of written approval by the Chief Information Officer. 707. Funds made available under section 1240I and section 1241(a) of the Food Security Act of 1985 and section 524(b) of the Federal Crop Insurance Act ( 7 U.S.C. 1524(b) ) in the current fiscal year shall remain available until expended to disburse obligations made in the current fiscal year. 708. Notwithstanding any other provision of law, any former RUS borrower that has repaid or prepaid an insured, direct or guaranteed loan under the Rural Electrification Act of 1936, or any not-for-profit utility that is eligible to receive an insured or direct loan under such Act, shall be eligible for assistance under section 313(b)(2)(B) of such Act in the same manner as a borrower under such Act. 709. Notwithstanding any other provision of law, for the purposes of a grant under section 412 of the Agricultural Research, Extension, and Education Reform Act of 1998, none of the funds in this or any other Act may be used to prohibit the provision of in-kind support from non-Federal sources under section 412(e)(3) of such Act in the form of unrecovered indirect costs not otherwise charged against the grant, consistent with the indirect rate of cost approved for a recipient. 710. Except as otherwise specifically provided by law, unobligated balances remaining available at the end of the fiscal year from appropriations made available for salaries and expenses in this Act for the Farm Service Agency and the Rural Development mission area, shall remain available through September 30, 2015, for information technology expenses. 711. The Secretary of Agriculture may authorize a State agency to use funds provided in this Act to exceed the maximum amount of liquid infant formula specified in 7 CFR 246.10 when issuing liquid infant formula to participants. 712. None of the funds appropriated or otherwise made available by this Act may be used for first-class travel by the employees of agencies funded by this Act in contravention of sections 301–10.122 through 301–10.124 of title 41, Code of Federal Regulations. 713. In the case of each program established or amended by the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 ), other than by title I or subtitle A of title III of such Act or programs for which indefinite amounts were provided in that Act, that is authorized or required to be carried out using funds of the Commodity Credit Corporation— (1) such funds shall be available for salaries and related administrative expenses, including technical assistance, associated with the implementation of the program, without regard to the limitation on the total amount of allotments and fund transfers contained in section 11 of the Commodity Credit Corporation Charter Act ( 15 U.S.C. 714i ); and (2) the use of such funds for such purpose shall not be considered to be a fund transfer or allotment for purposes of applying the limitation on the total amount of allotments and fund transfers contained in such section. 714. None of the funds made available in fiscal year 2014 or preceding fiscal years for programs authorized under the Food for Peace Act ( 7 U.S.C. 1691 et seq. ) in excess of $20,000,000 shall be used to reimburse the Commodity Credit Corporation for the release of eligible commodities under section 302(f)(2)(A) of the Bill Emerson Humanitarian Trust Act ( 7 U.S.C. 1736f–1 ): Provided , That any such funds made available to reimburse the Commodity Credit Corporation shall only be used pursuant to section 302(b)(2)(B)(i) of the Bill Emerson Humanitarian Trust Act. 715. Of the funds made available by this Act, not more than $1,800,000 shall be used to cover necessary expenses of activities related to all advisory committees, panels, commissions, and task forces of the Department of Agriculture, except for panels used to comply with negotiated rule makings and panels used to evaluate competitively awarded grants. 716. None of the funds in this Act shall be available to pay indirect costs charged against any agricultural research, education, or extension grant awards issued by the National Institute of Food and Agriculture that exceed 30 percent of total Federal funds provided under each award: Provided , That notwithstanding section 1462 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3310 ), funds provided by this Act for grants awarded competitively by the National Institute of Food and Agriculture shall be available to pay full allowable indirect costs for each grant awarded under section 9 of the Small Business Act ( 15 U.S.C. 638 ). 717. Section 16(h)(1)(A) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025(h)(1)(A) ), is amended by inserting and fiscal year 2014 after 2013 . 718. None of the funds appropriated or otherwise made available by this or any other Act shall be used to pay the salaries and expenses of personnel to carry out the following: (1) The Watershed Rehabilitation program authorized by section 14(h)(1) of the Watershed Protection and Flood Prevention Act ( 16 U.S.C. 1012(h)(1) ); (2) The Environmental Quality Incentives Program as authorized by sections 1240–1240H of the Food Security Act of 1985 (16 U.S.C. 3839aa–3839aa–8) in excess of $1,350,000,000; (3) The Farmland Protection Program as authorized by section 1238I of the Food Security Act of 1985 ( 16 U.S.C. 3838i ) in excess of $150,000,000; (4) The Wetlands Reserve Program authorized by sections 1237–1237F of the Food Security Act of 1985 ( 16 U.S.C. 3837–3837f ) to enroll in excess of 71,104 acres in fiscal year 2014; (5) The Wildlife Habitat Incentives Act authorized by section 1240N of the Food Security Act of 1985 ( 16 U.S.C. 3839bb–1 )) in excess of $45,000,000; and (6) Agricultural Management Assistance Program as authorized by section 524 of the Federal Crop Insurance Act, as amended ( 7 U.S.C. 1524 ) in excess of $2,500,000 for the Natural Resources Conservation Service. 719. None of the funds appropriated or otherwise made available by this or any other Act shall be used to pay the salaries and expenses of personnel to carry out a program under subsection (b)(2)(A)(vi) of section 14222 of Public Law 110–246 in excess of $861,000,000, as follows: Child Nutrition Programs Entitlement Commodities—$465,000,000; State Option Contracts—$5,000,000; Removal of Defective Commodities—$2,500,000: Provided , That none of the funds made available in this Act or any other Act shall be used for salaries and expenses to carry out in this fiscal year section 19(i)(1)(E) of the Richard B. Russell National School Lunch Act, as amended, except in an amount that excludes the transfer of $119,000,000 of the funds to be transferred under subsection (c) of section 14222 of Public Law 110–246 , until October 1, 2014: Provided further , That $119,000,000 made available on October 1, 2014, to carry out section 19(i)(1)(E) of the Richard B. Russell National School Lunch Act, as amended, shall be excluded from the limitation described in subsection (b)(2)(A)(vii) of section 14222 of Public Law 110–246 : Provided further , That none of the funds appropriated or otherwise made available by this or any other Act shall be used to pay the salaries or expenses of any employee of the Department of Agriculture or officer of the Commodity Credit Corporation to carry out clause 3 of section 32 of the Agricultural Adjustment Act of 1935 ( Public Law 74–320 , 7 U.S.C. 612c , as amended), or for any surplus removal activities or price support activities under section 5 of the Commodity Credit Corporation Charter Act: Provided further , That of the available unobligated balances under (b)(2)(A)(vi) of section 14222 of Public Law 110–246 , $206,000,000 are hereby rescinded. 720. None of the funds appropriated by this or any other Act shall be used to pay the salaries and expenses of personnel who prepare or submit appropriations language as part of the President's Budget submission to the Congress of the United States for programs under the jurisdiction of the Appropriations Subcommittees on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies that assumes revenues or reflects a reduction from the previous year due to user fees proposals that have not been enacted into law prior to the submission of the Budget unless such Budget submission identifies which additional spending reductions should occur in the event the user fees proposals are not enacted prior to the date of the convening of a committee of conference for the fiscal year 2015 appropriations Act. 721. (a) None of the funds provided by this Act, or provided by previous Appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming, transfer of funds, or reimbursements as authorized by the Economy Act, or in the case of the Department of Agriculture, through use of the authority provided by section 702(b) of the Department of Agriculture Organic Act of 1944 ( 7 U.S.C. 2257 ) or section 8 of Public Law 89–106 ( 7 U.S.C. 2263 ), that— (1) creates new programs; (2) eliminates a program, project, or activity; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employees; (5) reorganizes offices, programs, or activities; or (6) contracts out or privatizes any functions or activities presently performed by Federal employees; unless the Secretary of Agriculture, the Secretary of Health and Human Services, or the Chairman of the Commodity Futures Trading Commission (as the case may be) notifies, in writing, the Committees on Appropriations of both Houses of Congress at least 30 days in advance of the reprogramming of such funds or the use of such authority. (b) None of the funds provided by this Act, or provided by previous Appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure for activities, programs, or projects through a reprogramming or use of the authorities referred to in subsection (a) involving funds in excess of $500,000 or 10 percent, whichever is less, that— (1) augments existing programs, projects, or activities; (2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by Congress; or (3) results from any general savings from a reduction in personnel which would result in a change in existing programs, activities, or projects as approved by Congress; unless the Secretary of Agriculture, the Secretary of Health and Human Services, or the Chairman of the Commodity Futures Trading Commission (as the case may be) notifies, in writing, the Committees on Appropriations of both Houses of Congress at least 30 days in advance of the reprogramming or transfer of such funds or the use of such authority. (c) The Secretary of Agriculture, the Secretary of Health and Human Services, or the Chairman of the Commodity Futures Trading Commission shall notify in writing the Committees on Appropriations of both Houses of Congress before implementing any program or activity not carried out during the previous fiscal year unless the program or activity is funded by this Act or specifically funded by any other Act. (d) As described in this section, no funds may be used for any activities unless the Secretary of Agriculture, the Secretary of Health and Human Services or the Chairman of the Commodity Futures Trading Commission receives from the Committee on Appropriations of both Houses of Congress written or electronic mail confirmation of receipt of the notification as required in this section. 722. Notwithstanding section 310B(g)(5) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1932(g)(5) ), the Secretary may assess a one-time fee for any guaranteed business and industry loan in an amount that does not exceed 3 percent of the guaranteed principal portion of the loan. 723. None of the funds appropriated or otherwise made available to the Department of Agriculture, the Food and Drug Administration, the Commodity Futures Trading Commission, and the Farm Credit Administration shall be used to transmit or otherwise make available to any non-Department of Agriculture or non-Department of Health and Human Services employee questions or responses to questions that are a result of information requested for the appropriations hearing process. 724. Unless otherwise authorized by existing law, none of the funds provided in this Act, may be used by an executive branch agency to produce any prepackaged news story intended for broadcast or distribution in the United States unless the story includes a clear notification within the text or audio of the prepackaged news story that the prepackaged news story was prepared or funded by that executive branch agency. 725. No employee of the Department of Agriculture may be detailed or assigned from an agency or office funded by this Act or any other Act to any other agency or office of the Department for more than 30 days unless the individual's employing agency or office is fully reimbursed by the receiving agency or office for the salary and expenses of the employee for the period of assignment. 726. None of the funds made available by this Act may be used to pay the salaries and expenses of personnel who provide nonrecourse marketing assistance loans for mohair under section 1201 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8731 ). 727. Of the unobligated balances in the Natural Resources Conservation Service, Resource Conservation and Development Account, $2,017,000 are hereby permanently cancelled: Provided , That no amounts may be cancelled from amounts that were designated by the Congress as an emergency requirement pursuant to the Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. 728. Not later than 30 days after the date of enactment of this Act, the Secretary of Agriculture, the Commissioner of the Food and Drug Administration, the Chairman of the Commodity Futures Trading Commission, and the Chairman of the Farm Credit Administration shall submit to the Committees on Appropriations of the House of Representatives and the Senate a detailed spending plan by program, project, and activity for the funds made available under this Act. 729. Of the unobligated balances available to the Department of Agriculture under the account “Agriculture Buildings and Facilities and Rental Payments”, $30,000,000 are rescinded: Provided , That no amount may be rescinded from funds made available for payments to the General Services Administration for rent and funds made available for payments to the Department of Homeland Security for building security activities. 730. Funds made available under title II of the Food for Peace Act ( 7 U.S.C. 1721 et seq. ) may only be used to provide assistance to recipient nations if adequate monitoring and controls, as determined by the Administrator of the U.S. Agency for International Development, are in place to ensure that emergency food aid is received by the intended beneficiaries in areas affected by food shortages and not diverted for unauthorized or inappropriate purposes. 731. Notwithstanding any other provision of law, the requirements pursuant to 7 U.S.C. 1736f(e)(1) may be waived for any amounts higher than those specified under this authority for fiscal year 2009. 732. Such sums as may be necessary for fiscal year 2014 rental payments to the General Services Administration for programs funded by this Act shall be absorbed within the discretionary levels appropriated in this Act: Provided , That the Secretary may use unobligated prior year balances of an agency or office that are no longer available for new obligation to cover shortfalls incurred in prior year rental payments for such agency or office: Provided further , That the Secretary is authorized to transfer funds from a Departmental agency to this account to recover the full cost of the space and security expenses of that agency that are funded by this account when the actual costs exceed the agency estimate which will be available for the activities and payments described herein. 733. Of the unobligated balance of funds available to the Department of Agriculture for the cost of section 502 single family housing guaranteed loans for fiscal years 2007 through 2010 under the heading “Rural Development Programs – Rural Housing Service – Rural Housing Insurance Fund Program Account” in prior appropriations Acts, $1,314,734 is rescinded. 734. Of the unobligated balances provided pursuant to section 9005(g)(1) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8105(g)(1) ), $41,000,000 are hereby rescinded. 735. The Secretary shall expand the pilot program currently in effect for packaging section 502 single family direct loans and not later than 90 days after enactment of this Act enter into Memorandums of Understanding with not less than 5 qualified intermediary organizations to work in coordination with the Secretary to increase the effectiveness of the section 502 single family direct loan program in States and communities currently not served under the existing pilot program. 736. None of the funds appropriated or otherwise made available by this or any other Act shall be used to pay the salaries and expenses of personnel to carry out section 307(b) of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 ( Public Law 105–277 ; 112 Stat. 2681-640) in excess of $4,000,000. 737. Of the unobligated balances provided pursuant to section 9003(h)(1) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8103(h)(1) ), $40,694,000 are hereby rescinded. 738. Of the unobligated balances made available under section 231(b)(7)(A) of the Agricultural Risk Protection Act of 2000 ( 7 U.S.C. 1621 note; Public Law 106–224 ), $15,000,000 are hereby rescinded. 739. For loans and loan guarantees that do not require budget authority and the program level has been established in this Act, the Secretary of Agriculture may increase the program level for such loans and loan guarantees by not more than 25 percent: Provided, That prior to the Secretary implementing such an increase, the Secretary notifies, in writing, the Committees on Appropriations of both Houses of Congress at least 15 days in advance. 740. (a) (1) Of the funds made available in title I under the item Agricultural Programs-Production, Processing and Marketing-Office of the Secretary , $1,000,000 shall be available to conduct an assessment of the existing (as of the date of the enactment of this Act) and prospective scope of domestic hunger and food insecurity in accordance with this section. (2) The Secretary of Agriculture shall select, through a competitive process, and enter into an agreement with an independent, private-sector entity that is an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code, that has recognized credentials and expertise in domestic hunger affairs to— (A) conduct the assessment required under subsection (a); and (B) provide technical expertise to the National Commission on Hunger established under subsection (b). (3) Not later than 180 days after the date of the enactment of this Act, the entity selected in accordance with paragraph (2) shall submit to the President and Congress and make publicly available a report containing the assessment required under this subsection and any policy recommendations that such entity considers appropriate. (b) (1) There is established a commission to be known as the National Commission on Hunger (in this section referred to as the Commission ). (2) The Commission shall— (A) provide policy recommendations to Congress and the Secretary to more effectively use existing (as of the date of the enactment of this Act) programs and funds of the Department of Agriculture to combat domestic hunger and food insecurity; and (B) develop innovative recommendations to encourage public-private partnerships, faith-based sector engagement, and community initiatives to reduce the need for government nutrition assistance programs, while protecting the safety net for the most vulnerable members of society. (3) The Commission shall be composed of 10 members, of whom— (A) 3 members shall be appointed by the Speaker of the House of Representatives; (B) 2 members shall be appointed by the minority leader of the House of Representatives; (C) 3 members shall be appointed by the majority leader of the Senate; and (D) 2 members shall be appointed by the minority leader of the Senate. 741. None of the funds made available by this Act may be used to eliminate or reduce funding for a program, project or activity as proposed in the President’s budget request for a fiscal year until such proposed change is subsequently enacted in an appropriation Act, or unless such change is made pursuant to the reprogramming or transfer provisions of this Act. 742. None of the funds made available by this or any other Act may be used to write, prepare, or publish a final rule or an interim final rule in furtherance of, or otherwise to implement, Implementation of Regulations Required Under Title XI, of the Food, Conservation and Energy Act of 2008; Conduct in Violation of the Act (75 Fed. Reg. 35338 (June 22, 2010)) unless the combined annual cost to the economy of such rules does not exceed $100,000,000: Provided , That none of the funds made available by this or any other Act may be used to publish a final or interim final rule in furtherance of, or to otherwise implement, proposed sections 201.2(l), 201.2(t), 201.2(u), 201.3(c), 201.210, 201.211, 201.213, or 201.214 of Implementation of Regulations Required Under Title XI of the Food, Conservation and Energy Act of 2008; Conduct in Violation of the Act (75 Fed. Reg. 35338 (June 22, 2010)). 743. None of the funds made available by this Act may be used to exclude or restrict the eligibility of any variety of fresh, whole, or cut vegetables, except for vegetables with added sugars, fats, or oils, from being provided as supplemental foods under the special supplemental nutrition program for women, infants, and children under section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ). 744. (a) None of the funds made available by this Act may be used to pay more than 75 percent of the salary of any senior Department of Agriculture official during the period beginning on July 1, 2014, and ending on September 30, 2014, unless as of July 1, 2014, the percentage of improper payments for the school lunch program under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) and the school breakfast program under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ) has been reduced by at least 25 percent. (b) For purposes of this section, the term senior Department of Agriculture official means the Secretary of Agriculture, the Deputy Secretary of Agriculture, and any Under Secretary, Assistant Secretary or Administrator of the Department of Agriculture, Food and Nutrition Service. 745. No State is eligible to receive any of the funds provided by this Act unless it is in full compliance with section 6 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015 ). Further, none of the funds provided by this Act may be used to promote WIC or SNAP benefits to individuals who are ineligible to receive benefits pursuant to section 6 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015 ). 746. It is the sense of Congress that Congress should not pass any legislation which authorizes spending cuts that would increase hunger in the United States. 747. None of the funds made available by this Act may be used to reclassify, for purposes of title V of the Housing Act of 1949 and as a result of data received from or after the 2010 decennial census, any area classified as rural or a rural area as of June 1, 2013. 748. None of the funds made available by this Act may be used to promulgate rules, regulations, orders, interpretive guidance, or general statements of policy regarding the extraterritorial application of the swaps provisions of the Commodity Exchange Act ( 7 U.S.C. 1 ) pursuant to section 722(d) of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5301 ) unless the rules, regulations, orders, interpretive guidance, or general statements of policy are subject to the notice and comment procedures of section 553 of title 5, United States Code, and are promulgated jointly by the Securities and Exchange Commission and the Commodity Futures Trading Commission. 749. None of the funds made available in this Act may be used to pay the salaries or expenses of personnel to— (1) inspect horses under section 3 of the Federal Meat Inspection Act ( 21 U.S.C. 603 ); (2) inspect horses under section 903 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 1901 note; Public Law 104–127 ); or (3) implement or enforce section 352.19 of title 9, Code of Federal Regulations. spending reduction account 750. The amount by which the applicable allocation of new budget authority made by the Committee on Appropriations of the House of Representatives under section 302(b) of the Congressional Budget Act of 1974 exceeds the amount of proposed new budget authority is $0. This Act may be cited as the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2014 . June 18, 2013 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed
https://www.govinfo.gov/content/pkg/BILLS-113hr2410rh/xml/BILLS-113hr2410rh.xml
113-hr-2411
I 113th CONGRESS 1st Session H. R. 2411 IN THE HOUSE OF REPRESENTATIVES June 18, 2013 Mr. Grayson introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To prohibit the Federal Government from contracting with an entity that has committed fraud or certain other crimes. 1. Prohibition on contracting with contractors that have committed fraud or certain other crimes The Federal Government may not enter into a contract with an offeror or any of its principals if the offeror certifies that it, or any of its principals— (1) within a three-year period preceding this offer has been convicted of or had a civil judgment rendered against it for— (A) commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; (B) violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws; or (C) receiving stolen property; (2) are presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses described in paragraph (1); or (3) within a three-year period preceding this offer, have been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.
https://www.govinfo.gov/content/pkg/BILLS-113hr2411ih/xml/BILLS-113hr2411ih.xml
113-hr-2412
I 113th CONGRESS 1st Session H. R. 2412 IN THE HOUSE OF REPRESENTATIVES June 18, 2013 Mr. Barber (for himself and Mr. Heck of Nevada ) 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 consider the best interest of the veteran when determining whether the veteran should receive certain contracted health care. 1. Short title This Act may be cited as the Veterans Health Access Act . 2. Determination of contract care authority for health care needs of veterans Section 1703 of title 38, United States Code, is amended— (1) in subsection (a), by striking When Department facilities and everything that follows through required, and inserting In any case described in subsection (e)(1), ; and (2) by adding at the end the following new subsection: (e) Eligibility (1) A case described in this paragraph is any case— (A) when Department facilities are not capable of furnishing— (i) economical hospital care or medical services because of geographical inaccessibility; or (ii) the care or services required; or (B) in which a physician of the Department determines that it is in the best interest of a veteran to receive hospital or medical services furnished in a non-Department facility in accordance with subsection (a). (2) The Secretary shall determine whether or not to furnish to a veteran care or services in a non-Department facility pursuant to this section by the date that is 30 days after the date on which the veteran requests such care or services. .
https://www.govinfo.gov/content/pkg/BILLS-113hr2412ih/xml/BILLS-113hr2412ih.xml
113-hr-2413
I 113th CONGRESS 1st Session H. R. 2413 IN THE HOUSE OF REPRESENTATIVES June 18, 2013 Mr. Bridenstine (for himself, Mr. Smith of Texas , Mr. Stewart , and Mr. Harris ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To prioritize and redirect NOAA resources to a focused program of investment on near-term, affordable, and attainable advances in observational, computing, and modeling capabilities to deliver substantial improvement in weather forecasting and prediction of high impact weather events, such as tornadoes and hurricanes, and for other purposes. 1. Short title This Act may be cited as the Weather Forecasting Improvement Act of 2013 . 2. Public safety priority In accordance with the critical responsibility of NOAA to ensure and enhance the provision of data, forecasts, and warnings for the protection of life and property and the enhancement of the national economy, the Under Secretary shall make these weather-related activities the top priority in the planning and management of programs within all relevant line offices. 3. Weather research and forecasting innovation (a) Program The Assistant Administrator for OAR shall undertake a program to develop improved understanding of and forecast capabilities for atmospheric events, placing priority on developing more accurate and timely warnings and forecasts of high impact weather events that endanger life and property. (b) Program elements The program described in subsection (a) shall focus on the following activities: (1) Improving the fundamental understanding of weather consistent with section 2 , including boundary layer and other atmospheric processes. (2) Research and development, and transfer of knowledge, technologies, and applications to the NWS and other appropriate agencies and entities, including the American weather industry and academic partners, related to— (A) advanced radar technologies, including those emphasizing rapid, fine-scale sensing of the boundary layer and the use of innovative, dual-polarization, phased-array technologies; (B) aerial weather observing systems; (C) high performance computing and information technology networks; (D) advanced forecast modeling that improves the timing, track, and intensity forecasts of severe storms and related phenomena, such as storm surge, including through— (i) more effective use of existing, and the development of new, regional and national cloud-resolving models; and (ii) enhanced global models; (E) observing system simulation experiments as described in section 7 ; (F) atmospheric chemistry and interactions essential to accurately characterizing atmospheric composition and predicting meteorological processes, including cloud microphysical, precipitation, and atmospheric electrification processes to more effectively understand their role in severe weather; and (G) additional sources of weather data and information, including commercial observing systems. (3) A technology transfer initiative, carried out jointly and in coordination with the Assistant Administrator for Weather Services, and in cooperation with the American weather industry and academic partners, to ensure continuous development and transition of the latest scientific and technological advances into NWS operations. (c) Academic research In carrying out the program under this section, the Assistant Administrator for OAR shall collaborate with and support the academic weather research community, including by making funds available to institutions of higher education through competitive grants and contracts. 4. Tornado warning extension program (a) In general In carrying out section 3 , the Assistant Administrator for OAR shall establish a tornado warning extension program. (b) Goal The goal of such program shall be to develop and extend accurate tornado forecasts and warnings beyond 1 hour in order to reduce loss of life, injury, and damage to the economy. (c) Program plan Within 180 days after the date of enactment of this Act, the Assistant Administrator for OAR, in consultation with the Assistant Administrator for Weather Services, shall issue a program plan that details the specific research, development, and technology transfer activities, as well as corresponding resources and timelines, necessary to achieve the program goal. (d) Budget for plan Following completion of the plan, the Under Secretary shall transmit annually to Congress a proposed budget corresponding to the activities identified in the plan. 5. Weather research and development planning Not later than 6 months after the date of enactment of this Act, and annually thereafter, the Assistant Administrator for OAR, in coordination with the Assistant Administrator for Weather Services and the Assistant Administrator for NESDIS, shall issue a plan to restore United States leadership in weather modeling, prediction, and forecasting that— (1) describes weather technology goals, objectives, and progress of NOAA for the program established under section 3 ; (2) identifies and prioritizes specific research and development activities and the associated milestones necessary to achieve such goals and objectives; (3) describes how the program will collaborate with stakeholders from institutions of higher education and industry in support of program goals and objectives; and (4) identifies, through consultation with the National Science Foundation, research necessary to enhance the integration of social science knowledge into weather forecast and warning processes, including to improve the credible communication of threat information necessary to enable improved severe weather planning on the part of individuals and communities. 6. Observing system planning The Under Secretary shall— (1) develop and maintain a prioritized list of observation data requirements necessary to ensure weather forecasting capabilities to protect life and property to the maximum extent practicable; (2) undertake ongoing systematic evaluations of the combination of observing systems, data, and information needed to meet the requirements developed under paragraph (1), assessing various options to maximize observational capabilities and their cost-effectiveness; (3) identify current and potential future data gaps in observing capabilities related to the requirements under paragraph (1) ; and (4) determine a range of options to address gaps identified under paragraph (3) . 7. Observing system simulation experiments (a) In general In support of the requirements of section 6 , the Assistant Administrator for OAR shall undertake OSSEs to quantitatively assess the relative value and benefits of observing capabilities and systems. Technical and scientific OSSE evaluations— (1) may include assessments of the impact of observing capabilities on— (A) global weather prediction; (B) hurricane track and intensity forecasting; (C) tornado warning times and accuracy; and (D) prediction of mid-latitude severe local storm outbreaks; and (2) should be conducted in cooperation with other appropriate entities within NOAA, other Federal agencies, the American weather industry, and academic partners. (b) Requirements OSSEs shall quantitatively— (1) determine the potential impact of proposed space-based, sub-orbital, and in-situ observing systems on analyses and forecasts; (2) evaluate and compare observing system design options; and (3) assess the relative capabilities and costs of various observing systems and combinations of observing systems in providing data necessary to protect life and property. (c) Implementation OSSEs— (1) shall be conducted prior to the acquisition of major Government-owned or Government-leased operational observing systems, including polar-orbiting and geostationary satellite systems; (2) shall be conducted prior to the purchase of any new commercially provided data critical to forecast accuracy and may be conducted on existing observing systems; (3) shall be conducted within 2 years after the date of enactment of this Act for any existing commercially provided observing system data contract in excess of $15 million; and (4) may be conducted on existing observing systems where such data costs NOAA in excess of $20 million. (d) Results All OSSE results shall be publicly released and fully considered by NOAA for implementation. 8. Computing resources prioritization report Not later than 6 months after the date of enactment of this Act, and annually thereafter, the NOAA Chief Information Officer, in coordination with the Assistant Administrator for OAR and the Assistant Administrator for Weather Services, shall issue a plan for high performance computing support of its advanced research and operational weather prediction models that— (1) assures that NOAA aggressively pursues the newest, fastest, and most cost effective high performance computing technologies in support of its weather prediction mission; (2) assures a balance between the research requirements to develop the next generation of regional and global models and its highly reliable operational models; (3) takes advantage of advanced development concepts to make its next generation weather prediction models available in beta-test mode to NOAA’s operational forecasters, the American weather industry, and its partners in academic and government research; and (4) identifies opportunities to reallocate existing advanced computing resources from lower priority uses to improve operational weather prediction. 9. Commercial weather data (a) Amendment Section 60161 of title 51, United States Code, is amended by adding at the end the following: This prohibition shall not extend to— (1) the purchase of weather data through contracts with commercial providers; or (2) the placement of weather satellite instruments on cohosted government or private payloads. . (b) Report Within 6 months after the date of enactment of this Act, the Under Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report assessing the range of commercial opportunities for obtaining space-based weather observations, including the cost-effectiveness of these opportunities, and providing a plan for procuring data from these non-governmental sources. 10. Definitions In this Act: (1) NESDIS The term NESDIS means the National Environmental Satellite, Data, and Information Service. (2) NOAA The term NOAA means the National Oceanic and Atmospheric Administration. (3) NWS The term NWS means the National Weather Service. (4) OAR The term OAR means the Office of Oceanic and Atmospheric Research. (5) OSSE The term OSSE means the Observing System Simulation Experiment. (6) Under Secretary The term Under Secretary means the Under Secretary of Commerce for Oceans and Atmosphere. 11. Authorization of appropriations Out of funds made available for operations, research, and facilities in OAR, there are authorized to be appropriated for each of fiscal years 2014 through 2017— (1) $100,000,000 to carry out section 3, of which— (A) $80,000,000 is authorized for weather laboratories and cooperative institutes; and (B) $20,000,000 is authorized for weather and air chemistry research programs; and (2) $20,000,000 for the joint technology transfer initiative described in section 3(b)(3) .
https://www.govinfo.gov/content/pkg/BILLS-113hr2413ih/xml/BILLS-113hr2413ih.xml
113-hr-2414
I 113th CONGRESS 1st Session H. R. 2414 IN THE HOUSE OF REPRESENTATIVES June 18, 2013 Mr. Capuano (for himself, Mr. Sensenbrenner , Mr. Griffith of Virginia , Ms. Brownley of California , Mrs. Napolitano , Ms. Jackson Lee , Mr. Fortenberry , Mr. Rodney Davis of Illinois , Mr. Campbell , Mr. Daines , and Ms. Lofgren ) introduced the following bill; which was referred to the Committee on Energy and Commerce , 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 require automobile manufacturers to disclose to consumers the presence of event data recorders, or black boxes , on new automobiles, and to require manufacturers to provide the consumer with the option to enable and disable such devices on future automobiles. 1. Short title This Act may be cited as the Black Box Privacy Protection Act . 2. Findings Congress finds the following: (1) Consumers have the right to know that event data recorders are installed in their vehicles, that they are capable of collecting data recorded in automobile accidents, and how such data may be used. (2) From the standpoint of consumer privacy rights, most consumers are not aware that their vehicles are recording data that not only may be used to aid traffic safety analyses, but has the potential of being used against them in a civil or criminal proceeding, or by their insurer to increase rates. 3. Disclosure of event data recorders on Automobiles and motorcycles (a) Labeling disclosure for automobiles Section 3 of the Automobile Information Disclosure Act ( 15 U.S.C. 1232 ) is amended— (1) in subsection (g)(4)(B) by striking ; and and inserting a semicolon; (2) in subsection (h), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (i) (1) the presence and location of an event data recorder; (2) the type of information recorded by the event data recorder and how such information is recorded; and (3) that the information recorded by the event data recorder also may be used in a law enforcement proceeding. . (b) Labeling disclosure for motorcycles The Automobile Information Disclosure Act is further amended by adding after section 3 the following new section: 3A. Disclosure of event data recorders on motorcycles Every manufacturer of new motorcycles distributed in commerce shall, prior to the delivery of any new motorcycle to any dealer, or at or prior to the introduction date of new models delivered to a dealer prior to such introduction date, securely affix to the new motorcycle a label on which such manufacturer shall disclose— (1) the presence and location of an event data recorder; (2) the type of information recorded by the event data recorder and how such information is recorded; and (3) that the information recorded by the event data recorder also may be used in a law enforcement proceeding. . (c) Definitions Section 2 of such Act ( 15 U.S.C. 1231 ) is amended by adding at the end the following: (i) The term event data recorder means any device or means of technology installed in an automobile that records information such as automobile or motorcycle speed, seatbelt use, application of brakes or other information pertinent to the operation of the automobile or motorcycle, as applicable. (j) The term motorcycle means a vehicle having a seat or saddle for the use of the rider, designed to travel on not more than three wheels in contact with the ground, and weighing less than 1,500 pounds. (k) The term new motorcycle means a motorcycle the equitable or legal title to which has never been transferred by a manufacturer, distributor, or dealer to an ultimate purchaser. . (d) Rulemaking Within 180 days following the enactment of this Act, the National Highway Traffic Safety Administration shall prescribe regulations setting forth a uniform method by which a manufacturer shall provide the disclosures required by the amendments made by this section. 4. Requirement for event data recorders on New Automobiles No person may manufacture for sale, sell, offer for sale, introduce or deliver into interstate commerce, or import into the United States, an automobile manufactured after 2015 (and bearing a model year of 2016 or later) that is equipped with an event data recorder, unless such event data recorder includes a function whereby the consumer can control the recording of information by the event data recorder. 5. Ownership and unlawful retrieval of event data recorder data (a) Ownership Rights; Conduct Prohibited Any event data recorder in an automobile or motorcycle and any data recorded on any event data recorder in an automobile or motorcycle shall be considered the property of the owner of the automobile or motorcycle. It shall be unlawful for any person other than the owner of the automobile or motorcycle to download or otherwise retrieve data that is recorded on any event data recorder except under one of the following circumstances: (1) The owner of the automobile or motorcycle or the owner’s agent or legal representative consents to the retrieval of the information. (2) In response to an order of a court having jurisdiction to issue the order. (3) The data is retrieved by a dealer, or by an automotive technician for the purpose of diagnosing, servicing, or repairing the automobile or motorcycle. (b) Treatment of Violations as Unfair or Deceptive Acts or Practices A violation of subsection (a) shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). (c) Enforcement by the Federal Trade Commission The Federal Trade Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this section. 6. Criminal penalties (a) In general Chapter 2 of title 18, United States Code, is amended by adding at the end the following: 40A. Event data recorders on automobiles. Whoever, in or affecting interstate or foreign commerce, knowingly fails to provide the disclosure required by section 3(i) or 3A of the Automobile Information Disclosure Act ( 15 U.S.C. 1232 ) relating to event data recorders, or knowingly violates section 4 of the Black Box Privacy Protection Act, shall be fined under this title. . (b) Clerical amendment The table of sections of title 18, United States Code, is amended by adding after the item relating to section 40, the following: 40A. Event data recorders on automobiles. . 7. Definitions As used in this Act: (1) The term consumer has the meaning given the term ultimate purchaser in section 2 of the Automobile Information Disclosure Act (15 U.S.C. 1231). (2) The term dealer has the meaning given that term in section 30102(a) of title 49, United States Code. (3) The term event data recorder means any device or means of technology installed in an automobile that records information such as vehicle speed, seatbelt use, application of brakes or other information pertinent to the operation of the automobile. (4) The terms manufacturer , new automobile , and new motorcycle have the meanings given those terms in section 2 of the Automobile Information Disclosure Act ( 15 U.S.C. 1231 ). 8. Effective Date This Act and the amendments made by this Act shall take effect 180 days after the date of enactment of this Act.
https://www.govinfo.gov/content/pkg/BILLS-113hr2414ih/xml/BILLS-113hr2414ih.xml
113-hr-2415
I 113th CONGRESS 1st Session H. R. 2415 IN THE HOUSE OF REPRESENTATIVES June 18, 2013 Mr. Cassidy (for himself, Mr. Kind , Mr. Lance , Mr. Guthrie , Mrs. Blackburn , Mrs. Christensen , Mr. Ben Ray Luján of New Mexico , Mr. Roskam , Mr. Blumenauer , Mr. Paulsen , and Mr. Peters of California ) 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 include information on the coverage of intensive behavioral therapy for obesity in the Medicare and You Handbook and to provide for the coordination of programs to prevent and treat obesity, and for other purposes. 1. Short title This Act may be cited as the Treat and Reduce Obesity Act of 2013 . 2. Findings Congress makes the following findings: (1) According to the Centers for Disease Control, about 35 percent of adults aged 65 and over were obese in the period of 2007 through 2010, representing over 8 million adults aged 65 through 74. (2) Obesity increases the risk for chronic diseases and conditions, including high blood pressure, heart disease, and type 2 diabetes. (3) More than half of Medicare beneficiaries are treated for 5 or more chronic conditions per year. The rate of obesity among Medicare patients doubled from 1987 to 2002, and spending on those individuals more than doubled. (4) Obese men and women at age 65 have decreased life expectancy of 1.6 years for men and 1.4 years for women. (5) The direct and indirect cost of obesity is more than $450 billion annually. (6) On average, an obese Medicare beneficiary costs $1,964 more than a normal-weight beneficiary. (7) The prevalence of obesity among older Americans is growing at a linear rate and, left unchanged, nearly half of the elderly population will be obese in 2030 according to a Congressional Research Report on obesity. 3. Inclusion of information on coverage of intensive behavioral therapy for obesity in the Medicare and You Handbook (a) In general Section 1804(a) of the Social Security Act (42 U.S.C. 1395b–2(a)) is amended— (1) in paragraph (2), by striking “and” at the end; (2) in paragraph (3), by striking the period at the end and inserting , and ; and (3) by inserting after paragraph (3) the following new paragraph: (4) information on the coverage of intensive behavioral therapy for obesity under this title, including information regarding primary care physicians and other providers of services and suppliers who are eligible to furnish such therapy. . (b) Effective date The amendments made by subsection (a) shall apply to notices distributed on or after the date of the enactment of this Act. 4. Authority to expand health care providers qualified to furnish intensive behavioral therapy Section 1861(ddd) of the Social Security Act ( 42 U.S.C. 1395x(ddd) ) is amended by adding at the end the following new paragraph: (4) The Secretary may, in addition to qualified primary care physicians and other primary care practitioners, allow other physicians, registered dietitians, certified diabetes educators, and instructors trained and certified by the National Diabetes Prevention Lifestyle Coach Training program of the Centers for Disease Control and Prevention to provide and be independently reimbursed for intensive behavioral therapy for obesity furnished outside of the primary care setting, so long as any such nonphysician provider or instructor furnishing such therapy to an individual must communicate any recommendations or treatment plan for the individual to the individual’s primary care physician or practitioner. . 5. Medicare part D coverage of obesity medication (a) In general Section 1860D–2(e)(2)(A) of the Social Security Act ( 42 U.S.C. 1395w–102(e)(2)(A) ) is amended by inserting after under section 1927(d)(2), the following: other than subparagraph (A) of such section if the drug is used for the treatment of obesity (as defined in section 1861(yy)(2)(C)) or for weight loss management for an individual who is overweight (as defined in section 1861(yy)(2)(F)(i)) and if the individual has one or more comorbidities, . (b) Effective date The amendment made by subsection (a) shall apply to plan years beginning on or after the date that is 2 years after the date of the enactment of this Act.
https://www.govinfo.gov/content/pkg/BILLS-113hr2415ih/xml/BILLS-113hr2415ih.xml
113-hr-2416
I 113th CONGRESS 1st Session H. R. 2416 IN THE HOUSE OF REPRESENTATIVES June 18, 2013 Mr. Clay (for himself, Ms. Bass , Mrs. Beatty , Mr. Bishop of Georgia , Ms. Brown of Florida , Mr. Butterfield , Mr. Carson of Indiana , Ms. Clarke , Mr. Cleaver , Mr. Conyers , Mr. Danny K. Davis of Illinois , Mr. Fattah , Ms. Jackson Lee , Ms. Lee of California , Ms. Moore , Mr. Payne , Mr. Richmond , Mr. Johnson of Georgia , Mr. David Scott of Georgia , Mr. Scott of Virginia , Ms. Sewell of Alabama , Mr. Thompson of Mississippi , Mr. Horsford , Mr. Watt , Ms. Wilson of Florida , Mr. Clyburn , Mr. Cummings , Ms. Edwards , Ms. Fudge , Ms. Eddie Bernice Johnson of Texas , Mr. Meeks , Ms. Norton , Mr. Rangel , Mr. Rush , Mrs. Christensen , and Mr. Turner ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To require the Secretary of the Interior to conduct a special resource study regarding the proposed United States Civil Rights Trail, and for other purposes. 1. Short title This Act may be cited as the United States Civil Rights Trail Special Resource Study Act of 2013 . 2. Special resource study regarding proposed United States Civil Rights Trail (a) Study Required The Secretary of the Interior shall conduct a special resource study for the purpose of evaluating a range of alternatives for protecting and interpreting sites associated with the struggle for civil rights in the United States, including alternatives for potential addition of some or all of the sites to the National Trails System. (b) Consultation The Secretary shall conduct the special resource study in consultation with appropriate Federal, State, county, and local governmental entities. (c) Study requirements The Secretary shall conduct the study required under subsection (a) in accordance with section 8(c) of Public Law 91–383 (16 U.S.C. 1a–5(c)) and section 5(b) of the National Trails System Act (16 U.S.C. 1244(b)), as appropriate. (d) Study Objectives In conducting the special resource study, the Secretary shall evaluate alternatives for achieving the following objectives: (1) Identifying the resources and historic themes associated with the movement to secure racial equality in the United States for African Americans that, focusing on the period from 1954 through 1968, challenged the practice of racial segregation in the Nation and achieved equal rights for all American citizens. (2) Making a review of existing studies and reports, such as the Civil Rights Framework Study, to complement and not duplicate other studies of the historical importance of the civil rights movements that may be underway or undertaken. (3) Establishing connections with agencies, organizations, and partnerships already engaged in the preservation and interpretation of various trails and sites dealing with the civil rights movement. (4) Protecting historically significant landscapes, districts, sites, and structures. (5) Identifying alternatives for preservation and interpretation of the sites by the National Park Service, other Federal, State, or local governmental entities, or private and nonprofit organizations, including the potential inclusion of some or all of the sites in a National Civil Rights Trail. (6) Identifying cost estimates for any necessary acquisition, development, interpretation, operation, and maintenance associated with the alternatives developed under the special resource study. (e) Report Not later than 3 years after the date on which funds are made available to carry out this section, 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 conducted under subsection (c) and any recommendations of the Secretary with respect to the route.
https://www.govinfo.gov/content/pkg/BILLS-113hr2416ih/xml/BILLS-113hr2416ih.xml
113-hr-2417
I 113th CONGRESS 1st Session H. R. 2417 IN THE HOUSE OF REPRESENTATIVES June 18, 2013 Mr. Franks of Arizona (for himself, Mrs. Hartzler , Mr. Posey , Mr. Lamborn , Mr. King of Iowa , Mr. Broun of Georgia , Mr. Pitts , Mr. Pittenger , Mr. LaMalfa , Ms. Clarke , Mr. Hunter , Mr. Stewart , Mr. Wilson of South Carolina , Mr. Jordan , Mr. Perry , Mr. Gosar , Mr. Duncan of South Carolina , Mr. Royce , Mr. Fortenberry , and Mr. Kline ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on the Budget , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Federal Power Act to protect the bulk-power system and electric infrastructure critical to the defense and well-being of the United States against natural and manmade electromagnetic pulse ( EMP ) threats and vulnerabilities. 1. Short title This Act may be cited as the Secure High-voltage Infrastructure for Electricity from Lethal Damage Act or the SHIELD Act . 2. Findings The Congress makes the following findings: (1) According to the Report of the Commission to Assess the Threat to the United States from Electromagnetic Pulse Attack (in this Act referred to as the EMP Commission Report ), the society and economy of the United States are critically dependent upon the availability of electricity. . (2) According to the EMP Commission Report, continued electrical supply is necessary for sustaining water supplies, production and distribution of food, fuel, communications, and everything else that is part of our economy . (3) According to the EMP Commission Report, contemporary U.S. society is not structured, nor does it have the means, to provide for the needs of nearly 300 million Americans without electricity. . (4) According to the EMP Commission Report, due to the existing electrical system operating at or near its physical capacity, a relatively modest upset to the system can cause functional collapse. . (5) According to the EMP Commission Report, electromagnetic pulse (in this Act referred to as EMP ) is a threat to the overall electrical power system. (6) According to the EMP Commission Report, EMP occurs both naturally, such as geomagnetic storms, and via manmade devices. (7) According to the EMP Commission Report, while the electric infrastructure has a degree of durability against … the failure of one or a small number of [electric] components, the current strategy for recovery leaves the United States ill-prepared to respond effectively to an EMP attack that would potentially result in damage to vast numbers of components nearly simultaneously over an unprecedented geographic scale. (8) According to the EMP Commission Report, EMP may couple ultimately unmanageable currents and voltages into an electrical system routinely operated with little margin and cause the collapse of large portions of the electrical system. . (9) According to the EMP Commission Report, a collapse of large portions of the electrical system will result in significant periods of power-outage and restoration from collapse or loss of significant portions of the system [will be] exceedingly difficult. . (10) According to the EMP Commission Report, should the electrical power system be lost for any substantial period of time … the consequences are likely to be catastrophic to civilian society. . (11) According to the EMP Commission Report, the Commission is deeply concerned that [negative] impacts [on the electric infrastructure] are certain in an EMP event unless practical steps are taken to provide protection for critical elements of the electric system. . 3. Amendment to the Federal Power Act (a) Critical electric infrastructure security Part II of the Federal Power Act ( 16 U.S.C. 824 et seq. ) is amended by adding after section 215 the following new section: 215A. Critical electric infrastructure security (a) Definitions For purposes of this section: (1) Bulk-power system; electric reliability organization; regional entity The terms bulk-power system , Electric Reliability Organization , and regional entity have the meanings given such terms in paragraphs (1), (2), and (7) of section 215(a), respectively. (2) Defense critical electric infrastructure The term defense critical electric infrastructure means any infrastructure located in the United States (including the territories) used for the generation, transmission, or distribution of electric energy that— (A) is not part of the bulk-power system; and (B) serves a facility designated by the President pursuant to subsection (d)(1), but is not owned or operated by the owner or operator of such facility. (3) Defense critical electric infrastructure vulnerability The term defense critical electric infrastructure vulnerability means a weakness in defense critical electric infrastructure that, in the event of a malicious act using an electromagnetic pulse, would pose a substantial risk of disruption of those electrical or electronic devices or communications networks, including hardware, software, and data, that are essential to the reliability of defense critical electric infrastructure. (4) Electromagnetic pulse The term electromagnetic pulse means 1 or more pulses of electromagnetic energy generated or emitted by a device capable of disabling, disrupting, or destroying electronic equipment by means of such a pulse. (5) Geomagnetic storm The term geomagnetic storm means a temporary disturbance of the Earth’s magnetic field resulting from solar activity. (6) Grid security threat The term grid security threat means a substantial likelihood of— (A) a malicious act using an electromagnetic pulse, or a geomagnetic storm event, that could disrupt the operation of those electrical or electronic devices or communications networks, including hardware, software, and data, that are essential to the reliability of the bulk-power system or of defense critical electric infrastructure; and (B) disruption of the operation of such devices or networks, with significant adverse effects on the reliability of the bulk-power system or of defense critical electric infrastructure, as a result of such act or event. (7) Grid security vulnerability The term grid security vulnerability means a weakness that, in the event of a malicious act using an electromagnetic pulse, would pose a substantial risk of disruption to the operation of those electrical or electronic devices or communications networks, including hardware, software, and data, that are essential to the reliability of the bulk-power system. (8) Large transformer The term large transformer means an electric transformer that is part of the bulk-power system. (9) Protected information The term protected information means information, other than classified national security information, designated as protected information by the Commission under subsection (e)(2)— (A) that was developed or submitted in connection with the implementation of this section; (B) that specifically discusses grid security threats, grid security vulnerabilities, defense critical electric infrastructure vul­ner­abilities, or plans, procedures, or measures to address such threats or vulnerabilities; and (C) the unauthorized disclosure of which could be used in a malicious manner to impair the reliability of the bulk-power system or of defense critical electric infrastructure. (10) Secretary The term Secretary means the Secretary of Energy. (11) Security The definition of security in section 3(16) shall not apply to the provisions in this section. (b) Emergency response measures (1) Authority to address grid security threats Whenever the President issues and provides to the Commission (either directly or through the Secretary) a written directive or determination identifying an imminent grid security threat, the Commission may, with or without notice, hearing, or report, issue such orders for emergency measures as are necessary in its judgment to protect the reliability of the bulk-power system or of defense critical electric infrastructure against such threat. As soon as practicable, but not later than 180 days after the date of enactment of this section, the Commission shall, after notice and opportunity for comment, establish rules of procedure that ensure that such authority can be exercised expeditiously. (2) Notification of Congress Whenever the President issues and provides to the Commission (either directly or through the Secretary) a written directive or determination under paragraph (1), the President (or the Secretary, as the case may be) shall promptly notify congressional committees of relevant jurisdiction, including the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, of the contents of, and justification for, such directive or determination. (3) Consultation Before issuing an order for emergency measures under paragraph (1), the Commission shall, to the extent practicable in light of the nature of the grid security threat and the urgency of the need for such emergency measures, consult with the Secretary, other appropriate Federal agencies, appropriate governmental authorities in Canada and Mexico, the Electric Reliability Organization, and entities described in paragraph (4). (4) Application An order for emergency measures under this subsection may apply to— (A) a regional entity; or (B) any owner, user, or operator of the bulk-power system or of defense critical electric infrastructure within the United States. (5) Discontinuance The Commission shall issue an order discontinuing any emergency measures ordered under this subsection, effective not later than 30 days after the earliest of the following: (A) The date upon which the President issues and provides to the Commission (either directly or through the Secretary) a written directive or determination that the grid security threat identified under paragraph (1) no longer exists. (B) The date upon which the Commission issues a written determination that the emergency measures are no longer needed to address the grid security threat identified under paragraph (1), including by means of Commission approval of a reliability standard under section 215 that the Commission determines adequately addresses such threat. (C) The date that is 1 year after the issuance of an order under paragraph (1). (6) Cost recovery If the Commission determines that owners, operators, or users of the bulk-power system or of defense critical electric infrastructure have incurred substantial costs to comply with an order under this subsection or subsection (c) and that such costs were prudently incurred and cannot reasonably be recovered through regulated rates or market prices for the electric energy or services sold by such owners, operators, or users, the Commission shall, after notice and an opportunity for comment, establish a mechanism that permits such owners, operators, or users to recover such costs. (c) Measures To address grid security vulnerabilities (1) Commission authority (A) Reliability standards If the Commission, in consultation with appropriate Federal agencies, identifies a grid security vulnerability that the Commission determines has not adequately been addressed through a reliability standard developed and approved under section 215, the Commission shall, after notice and opportunity for comment and after consultation with the Secretary, other appropriate Federal agencies, and appropriate governmental authorities in Canada and Mexico, issue an order directing the Electric Reliability Organization to submit to the Commission for approval under section 215, not later than 30 days after the issuance of such order, a reliability standard requiring implementation, by any owner, operator, or user of the bulk-power system in the United States, of measures to protect the bulk-power system against such vulnerability. Any such standard shall include a protection plan, including automated hardware-based solutions. The Commission shall approve a reliability standard submitted pursuant to this subparagraph, unless the Commission determines that such reliability standard does not adequately protect against such vulnerability or otherwise does not satisfy the requirements of section 215. (B) Measures to address grid security vulnerabilities If the Commission, after notice and opportunity for comment and after consultation with the Secretary, other appropriate Federal agencies, and appropriate governmental authorities in Canada and Mexico, determines that the reliability standard submitted by the Electric Reliability Organization to address a grid security vulnerability identified under subparagraph (A) does not adequately protect the bulk-power system against such vulnerability, the Commission shall promulgate a rule or issue an order requiring implementation, by any owner, operator, or user of the bulk-power system in the United States, of measures to protect the bulk-power system against such vulnerability. Any such rule or order shall include a protection plan, including automated hardware-based solutions. Before promulgating a rule or issuing an order under this subparagraph, the Commission shall, to the extent practicable in light of the urgency of the need for action to address the grid security vulnerability, request and consider recommendations from the Electric Reliability Organization regarding such rule or order. The Commission may establish an appropriate deadline for the submission of such recommendations. (2) Rescission The Commission shall approve a reliability standard developed under section 215 that addresses a grid security vulnerability that is the subject of a rule or order under paragraph (1)(B), unless the Commission determines that such reliability standard does not adequately protect against such vulnerability or otherwise does not satisfy the requirements of section 215. Upon such approval, the Commission shall rescind the rule promulgated or order issued under paragraph (1)(B) addressing such vulnerability, effective upon the effective date of the newly approved reliability standard. (3) Geomagnetic storms and electromagnetic pulse Not later than 6 months after the date of enactment of this section, the Commission shall, after notice and an opportunity for comment and after consultation with the Secretary and other appropriate Federal agencies, issue an order directing the Electric Reliability Organization to submit to the Commission for approval under section 215, not later than 6 months after the issuance of such order, reliability standards adequate to protect the bulk-power system from any reasonably foreseeable geomagnetic storm or electromagnetic pulse event. The Commission’s order shall specify the nature and magnitude of the reasonably foreseeable events against which such standards must protect. Such standards shall appropriately balance the risks to the bulk-power system associated with such events, including any regional variation in such risks, the costs of mitigating such risks, and the priorities and timing associated with implementation. If the Commission determines that the reliability standards submitted by the Electric Reliability Organization pursuant to this paragraph are inadequate, the Commission shall promulgate a rule or issue an order adequate to protect the bulk-power system from geomagnetic storms or electromagnetic pulse as required under paragraph (1)(B). (4) Large transformer availability Not later than 1 year after the date of enactment of this section, the Commission shall, after notice and an opportunity for comment and after consultation with the Secretary and other appropriate Federal agencies, issue an order directing the Electric Reliability Organization to submit to the Commission for approval under section 215, not later than 1 year after the issuance of such order, reliability standards addressing availability of large transformers. Such standards shall require entities that own or operate large transformers to ensure, individually or jointly, adequate availability of large transformers to promptly restore the reliable operation of the bulk-power system in the event that any such transformer is destroyed or disabled as a result of a geomagnetic storm event or electromagnetic pulse event. The Commission’s order shall specify the nature and magnitude of the reasonably foreseeable events that shall provide the basis for such standards. Such standards shall— (A) provide entities subject to the standards with the option of meeting such standards individually or jointly; and (B) appropriately balance the risks associated with a reasonably foreseeable event, including any regional variation in such risks, and the costs of ensuring adequate availability of spare transformers. (d) Critical defense facilities (1) Designation Not later than 180 days after the date of enactment of this section, the President shall designate, in a written directive or determination provided to the Commission, facilities located in the United States (including the territories) that are— (A) critical to the defense of the United States; and (B) vulnerable to a disruption of the supply of electric energy provided to such facility by an external provider. The number of facilities designated by such directive or determination shall not exceed 100. The President may periodically revise the list of designated facilities through a subsequent written directive or determination provided to the Commission, provided that the total number of designated facilities at any time shall not exceed 100. (2) Commission authority If the Commission identifies a defense critical electric infrastructure vulnerability that the Commission, in consultation with owners and operators of any facility or facilities designated by the President pursuant to paragraph (1), determines has not adequately been addressed through measures undertaken by owners or operators of defense critical electric infrastructure, the Commission shall, after notice and an opportunity for comment and after consultation with the Secretary and other appropriate Federal agencies, promulgate a rule or issue an order requiring implementation, by any owner or operator of defense critical electric infrastructure, of measures to protect the defense critical electric infrastructure against such vulnerability. The Commission shall exempt from any such rule or order any specific defense critical electric infrastructure that the Commission determines already has been adequately protected against the identified vulnerability. The Commission shall make any such determination in consultation with the owner or operator of the facility designated by the President pursuant to paragraph (1) that relies upon such defense critical electric infrastructure. (3) Cost recovery An owner or operator of defense critical electric infrastructure shall be required to take measures under paragraph (2) only to the extent that the owners or operators of a facility or facilities designated by the President pursuant to paragraph (1) that rely upon such infrastructure agree to bear the full incremental costs of compliance with a rule promulgated or order issued under paragraph (2). (e) Protection of Information (1) Prohibition of public disclosure of protected information Protected information shall— (A) be exempt from disclosure under section 552(b)(3) of title 5, United States Code; and (B) not be made available pursuant to any State, local, or tribal law requiring disclosure of information or records. (2) Information sharing (A) In general Consistent with the Controlled Unclassified Information framework established by the President, the Commission shall promulgate such regulations and issue such orders as necessary to designate protected information and to prohibit the unauthorized disclosure of such protected information. (B) Sharing of protected information The regulations promulgated and orders issued pursuant to subparagraph (A) shall provide standards for and facilitate the appropriate sharing of protected information with, between, and by Federal, State, local, and tribal authorities, the Electric Reliability Organization, regional entities, and owners, operators, and users of the bulk-power system in the United States and of defense critical electric infrastructure. In promulgating such regulations and issuing such orders, the Commission shall take account of the role of State commissions in reviewing the prudence and cost of investments within their respective jurisdictions. The Commission shall consult with appropriate Canadian and Mexican authorities to develop protocols for the sharing of protected information with, between, and by appropriate Canadian and Mexican authorities and owners, operators, and users of the bulk-power system outside the United States. (3) Submission of information to Congress Nothing in this section shall permit or authorize the withholding of information from Congress, any committee or subcommittee thereof, or the Comptroller General. (4) Disclosure of nonprotected information In implementing this section, the Commission shall protect from disclosure only the minimum amount of information necessary to protect the reliability of the bulk-power system and of defense critical electric infrastructure. The Commission shall segregate protected information within documents and electronic communications, wherever feasible, to facilitate disclosure of information that is not designated as protected information. (5) Duration of designation Information may not be designated as protected information for longer than 5 years, unless specifically redesignated by the Commission. (6) Removal of designation The Commission may remove the designation of protected information, in whole or in part, from a document or electronic communication if the unauthorized disclosure of such information could no longer be used to impair the reliability of the bulk-power system or of defense critical electric infrastructure. (7) Judicial review of designations Notwithstanding subsection (f) of this section or section 313, a person or entity may seek judicial review of a determination by the Commission concerning the designation of protected information under this subsection exclusively in the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in the District of Columbia. In such a case the court shall determine the matter de novo, and may examine the contents of documents or electronic communications designated as protected information in camera to determine whether such documents or any part thereof were improperly designated as protected information. The burden is on the Commission to sustain its designation. (f) Judicial review The Commission shall act expeditiously to resolve all applications for rehearing of orders issued pursuant to this section that are filed under section 313(a). Any party seeking judicial review pursuant to section 313 of an order issued under this section may obtain such review only in the United States Court of Appeals for the District of Columbia Circuit. (g) Provision of assistance to industry in meeting grid security protection needs (1) Expertise and resources The Secretary shall establish a program, in consultation with other appropriate Federal agencies, to develop technical expertise in the protection of systems for the generation, transmission, and distribution of electric energy against geomagnetic storms or malicious acts using electromagnetic pulse that would pose a substantial risk of disruption to the operation of those electronic devices or communications networks, including hardware, software, and data, that are essential to the reliability of such systems. Such program shall include the identification and development of appropriate technical and electronic resources, including hardware, software, and system equipment. (2) Sharing expertise As appropriate, the Secretary shall offer to share technical expertise developed under the program under paragraph (1), through consultation and assistance, with owners, operators, or users of systems for the generation, transmission, or distribution of electric energy located in the United States and with State commissions. In offering such support, the Secretary shall assign higher priority to systems serving facilities designated by the President pursuant to subsection (d)(1) and other critical-infrastructure facilities, which the Secretary shall identify in consultation with the Commission and other appropriate Federal agencies. (3) Security clearances and communication The Secretary shall facilitate and, to the extent practicable, expedite the acquisition of adequate security clearances by key personnel of any entity subject to the requirements of this section to enable optimum communication with Federal agencies regarding grid security threats, grid security vulnerabilities, and defense critical electric infrastructure vulnerabilities. The Secretary, the Commission, and other appropriate Federal agencies shall, to the extent practicable and consistent with their obligations to protect classified and protected information, share timely actionable information regarding grid security threats, grid security vulnerabilities, and defense critical electric infrastructure vulnerabilities with appropriate key personnel of owners, operators, and users of the bulk-power system and of defense critical electric infrastructure. . (b) Conforming amendments (1) Jurisdiction Section 201(b)(2) of the Federal Power Act ( 16 U.S.C. 824(b)(2) ) is amended by inserting 215A, after 215, each place it appears. (2) Public utility Section 201(e) of the Federal Power Act (16 U.S.C. 824(e)) is amended by inserting 215A, after 215, . 4. Budgetary compliance 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 House Budget Committee, provided that such statement has been submitted prior to the vote on passage.
https://www.govinfo.gov/content/pkg/BILLS-113hr2417ih/xml/BILLS-113hr2417ih.xml
113-hr-2418
I 113th CONGRESS 1st Session H. R. 2418 IN THE HOUSE OF REPRESENTATIVES June 18, 2013 Mr. Griffin of Arkansas (for himself, Mr. Sam Johnson of Texas , and Mr. Reichert ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Social Security Act to prohibit an individual who is the subject of an outstanding arrest warrant for a felony from receiving various cash benefits under the Social Security Act. 1. Short title This Act may be cited as the Control Unlawful Fugitive Felons Act of 2013 . 2. Revisions to provisions limiting payment of benefits to fugitive felons under titles II, VIII, and XVI of the Social Security Act (a) Title II amendments (1) Fugitive felon warrant requirement Section 202(x)(1)(A)(iv) of the Social Security Act ( 42 U.S.C. 402(x)(1)(A)(iv) ) is amended— (A) by striking fleeing to avoid and inserting the subject of an arrest warrant for the purpose of ; (B) by striking the place from which the person flees the first place it appears and inserting the jurisdiction issuing the warrant ; and (C) by striking the place from which the person flees the second place it appears and inserting the jurisdiction . (2) Probation and parole violator warrant requirement Section 202(x)(1)(A)(v) of the Social Security Act ( 42 U.S.C. 402(x)(1)(A)(v) ) is amended to read as follows: (v) is the subject of an arrest warrant for violating a condition of probation or parole imposed under Federal or State law. . (b) Title VIII amendments (1) Fugitive felon warrant requirement Section 804(a)(2) of such Act (42 U.S.C. 1004(a)(2)) is amended— (A) by striking fleeing to avoid and inserting the subject of an arrest warrant for the purpose of ; (B) by striking the jurisdiction within the United States from which the person has fled and inserting any jurisdiction within the United States ; and (C) by striking place from which the person has fled and inserting jurisdiction issuing the warrant . (2) Probation and parole warrant requirement Section 804(a)(3) of the Social Security Act ( 42 U.S.C. 1004(a)(3) ) is amended to read as follows: (3) during any part of which the individual is the subject of an arrest warrant for violating a condition of probation or parole imposed under Federal or State law; or . (3) Disclosure Section 804 of such Act ( 42 U.S.C. 1004 ) is amended by adding at the end the following: (c) Notwithstanding the provisions of section 552a of title 5, United States Code, or any other provision of Federal or State law (other than section 6103 of the Internal Revenue Code of 1986 and section 1106(c) of this Act), the Commissioner shall furnish any Federal, State, or local law enforcement officer, upon written request of the officer, with the current address, Social Security number, and photograph (if applicable) of any individual who is a recipient of (or would be such a recipient but for the application of paragraph (2) or (3) of subsection (a)) benefits under this title, if the officer furnishes the Commissioner with the name of the individual and other identifying information as reasonably required by the Commissioner to establish the unique identity of the individual, and notifies the Commissioner that— (1) the individual is described in paragraph (2) or (3) of subsection (a); and (2) the location or apprehension of such individual is within the officer’s official duties. . (c) Title XVI amendments (1) Fugitive felon warrant requirement Section 1611(e)(4)(A)(i) of such Act (42 U.S.C. 1382(e)(4)(A)(i)) is amended— (A) by striking fleeing to avoid and inserting the subject of an arrest warrant for the purpose of ; (B) by striking the place from which the person flees the first place it appears and inserting the jurisdiction issuing the warrant ; and (C) by striking the place from which the person flees the second place it appears and inserting the jurisdiction . (2) Probation and parole warrant requirement Section 1611(e)(4)(A)(ii) of the Social Security Act ( 42 U.S.C. 1382(e)(4)(A)(ii) ) is amended to read as follows: (ii) the subject of an arrest warrant for violating a condition of probation or parole imposed under Federal or State law . (3) Disclosure Section 1611(e)(5) of such Act ( 42 U.S.C. 1382(e)(5) ) is amended— (A) by striking any recipient of and inserting any individual who is a recipient of (or would be such a recipient but for the application of paragraph (4)(A) ; and (B) by striking the recipient each place it appears and inserting the individual . 3. Effective date The amendments made by this Act shall be effective with respect to benefits payable under the Social Security Act for months that begin after 270 days following the date of enactment of this Act.
https://www.govinfo.gov/content/pkg/BILLS-113hr2418ih/xml/BILLS-113hr2418ih.xml
113-hr-2419
I 113th CONGRESS 1st Session H. R. 2419 IN THE HOUSE OF REPRESENTATIVES June 18, 2013 Mrs. Lowey introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Truth in Lending Act to provide coverage under such Act for credit cards issued to small businesses, and for other purposes. 1. Short title; Findings (a) Short title This Act may be cited as the Small Business Credit Card Act of 2013 . (b) Findings The Congress finds as follows: (1) Economic growth has frequently been led by the creation of millions of new, small businesses. (2) Today, small business owners are severely limited in their ability to finance new business ventures because access to capital through traditional resources has been restricted. (3) Small businesses are being pushed into using credit cards to meet capital needs. (4) This use of credit cards is especially true for innovative and rapidly growing businesses which lack the assets necessary for a traditional loan. (5) In 2012, 31 percent of the small businesses surveyed used credit cards to meet their capital needs. (6) In 1993, only 16 percent of small businesses used credit cards as a source of financing. (7) One-half of small businesses using a credit card carry a monthly balance, and one-quarter of small businesses carry a monthly balance in excess of $10,000. (8) The average interest rate charged on small business credit cards is 15.6 percent. (9) Nearly one-half of small businesses with credit cards have reported a worsening of terms, including increased interest rates, fees, and payment procedures, making it more difficult to expand operations or grow business. (10) Small business credit cards contracts do not include consumer protections provided to individuals under the CARD Act. 2. Extending credit card protections under the Truth in Lending Act to small businesses (a) Definition of consumer Section 103(i) of the Truth in Lending Act ( 15 U.S.C. 1602(i) ) is amended— (1) by striking The adjective consumer , used with reference to a credit transaction, characterizes the transaction as one in which the party to whom credit is offered or extended is and inserting Consumer .— (1) In general Except as provided in paragraph (2), the term consumer , when used as an adjective to describe or modify a credit transaction or credit plan, means a transaction or credit plan under which credit is offered or extended to ; and (2) by adding at the end the following new paragraph: (2) Small business included under certain circumstances (A) In general For purposes of any provision of this title relating to a credit card account under an open end credit plan, the term ‘consumer’ includes any qualified small business. (B) Qualified small business For purposes of subparagraph (A), the term qualified small business means, with respect to any credit card account under an open end credit plan, any business concern having 50 or fewer employees, whether or not— (i) the credit card account is in the name of an individual or a business entity; and (ii) any credit transaction involving such account is for business or personal purposes. (C) Exclusion of small business after opt out effective date The term qualified small business shall not include any business concern described in subparagraph (A) after the effective date of any election under section 135(b) by the individual or business for which the credit card account referred to in such subparagraph has been established, so long as such election remains in effect. . (b) Amendments to exemptions Section 104(1) of the Truth in Lending Act (15 U.S.C. 1603(1)) is amended— (1) by inserting other than a credit transaction under an open end consumer credit plan in which the consumer is a qualified small business after agricultural purposes ; and (2) by inserting other than qualified small businesses after organizations . (c) Business credit card amendments Section 135 of the Truth in Lending Act (15 U.S.C. 1645) is amended— (1) by striking The exemption provided by and inserting (a) In general .—The exemption provided by ; and (2) by adding at the end the following new subsection: (b) Qualified small business opt out from coverage (1) Notice of coverage The disclosures under section 127(a) before opening a credit card account under an open end credit plan for a qualified small business shall include a clear and conspicuous disclosure— (A) that the qualified small business is treated as a consumer under this title and is subject to the requirements of this title as a consumer; (B) that the business may elect, in accordance with this subsection, to be exempt, under section 104(1), from this title to the same extent as any business other than a qualified small business; and (C) of the procedures for making the election and for subsequently revoking any such election. (2) Election The Board shall prescribe procedures for making an effective election under this subsection and for revoking any such election. (3) Prohibition on discrimination against qualified small business No creditor may— (A) discriminate against any business concern having 50 or fewer employees in connection with any credit card account of, or any application for a credit card account by such business, under an open end credit plan on any basis; or (B) require any qualified small business to make an election under this subsection as a condition for opening a credit card account, or for providing more advantageous terms for any credit card account, under an open end credit plan. .
https://www.govinfo.gov/content/pkg/BILLS-113hr2419ih/xml/BILLS-113hr2419ih.xml
113-hr-2420
I 113th CONGRESS 1st Session H. R. 2420 IN THE HOUSE OF REPRESENTATIVES June 18, 2013 Ms. Norton introduced the following bill; which was referred to the Committee on Natural Resources A BILL To authorize the Benjamin Harrison Society to establish a memorial in the District of Columbia to honor the patriots of the American Revolutionary War and the War of 1812. 1. Short Title This Act shall be cited as the National Patriots Memorial Act . 2. Memorial to honor patriots of the Revolutionary War and War of 1812 (a) Authorization The Benjamin Harrison Society may establish a memorial on Federal land in the District of Columbia to honor patriots of the American Revolutionary War and the War of 1812 who served in the armed forces or who contributed funds in support of the wars of independence, and our allies who fought in support of our Nation’s freedom in the American Revolutionary War and the War of 1812. (b) Compliance with standards for commemorative works The memorial shall be established in accordance with chapter 89 of title 40, United States Code. (c) Prohibition on the use of Federal funds The United States shall not pay any expense of the establishment of the memorial. (d) Definitions For purposes of this section— (1) the term memorial means the memorial authorized to be established under subsection (a); and (2) the term District of Columbia has the meaning given to the term District of Columbia and its environs by section 8902 of title 40, United States Code.
https://www.govinfo.gov/content/pkg/BILLS-113hr2420ih/xml/BILLS-113hr2420ih.xml
113-hr-2421
I 113th CONGRESS 1st Session H. R. 2421 IN THE HOUSE OF REPRESENTATIVES June 18, 2013 Mr. Peters of California introduced the following bill; which was referred to the Committee on Agriculture A BILL To provide biorefinery assistance eligibility to renewable chemicals projects, and for other purposes. 1. Short title This Act may be cited as the Renewable Chemicals Parity Act of 2013 . 2. Inclusion of renewable chemical projects in biorefinery assistance (a) 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 and inserting a semicolon; (B) in subparagraph (D), by striking the period and inserting ; or ; and (C) by adding at the end the following new subparagraph: (E) renewable chemicals. ; (2) in paragraph (7)(A), by striking biofuels and biobased products and inserting biofuels, biobased products, or renewable chemicals ; (3) in paragraph (11), by inserting (including a renewable chemical) after material or compound ; (4) by redesignating paragraphs (13) and (14) as paragraphs (14) and (15), respectively; and (5) by inserting after paragraph (12) the following new paragraph: (14) Renewable chemical The term renewable chemical means a monomer, polymer, plastic, formulated product, or chemical substance produced from renewable biomass. . (b) Biorefinery assistance (1) Renewable chemicals Section 9003 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8103 ) is amended— (A) in subsection (a) in the matter preceding paragraph (1), by striking advanced biofuels and inserting advanced biofuels, renewable chemicals, or biobased products ; (B) in subsection (b)(2)— (i) in subparagraph (A), by striking advanced biofuel and inserting advanced biofuel, a renewable chemical, or a biobased product ; and (ii) in subparagraph (B), by striking advanced biofuel and inserting advanced biofuel, a renewable chemical, or a biobased product ; (C) in subsection (c)(1), by striking advanced biofuels and inserting advanced biofuels, renewable chemicals, or biobased products ; (D) in subsection (d)(2)(C)— (i) in clause (i), by striking advanced biofuel and inserting advanced biofuel, a renewable chemical, or a biobased product ; and (ii) in clause (iii), by striking advanced biofuels and inserting advanced biofuels, renewable chemicals, or biobased products ; and (E) in subsection (e)(1)(C)— (i) in clause (i), by striking advanced biofuel and inserting advanced biofuel or renewable chemical ; and (ii) in clause (iii), striking advanced biofuels and inserting advanced biofuels, renewable chemicals, or biobased products . (2) Funding Subsection (h) of such section is amended— (A) in paragraph (1), by striking to remain available until expended and all that follows and inserting to remain available until expended, $75,000,000 for each of fiscal years 2014 through 2018. ; and (B) in paragraph (2), by striking 2013 and inserting 2018 .
https://www.govinfo.gov/content/pkg/BILLS-113hr2421ih/xml/BILLS-113hr2421ih.xml
113-hr-2422
I 113th CONGRESS 1st Session H. R. 2422 IN THE HOUSE OF REPRESENTATIVES June 18, 2013 Mr. Peters of California (for himself, Ms. Eddie Bernice Johnson of Texas , Ms. Wilson of Florida , Ms. McCollum , Mrs. Davis of California , Mr. Markey , Mr. Bera of California , Ms. Chu , Mr. Vargas , Mr. Hall , Ms. Jackson Lee , Ms. Bonamici , Mr. Nadler , Ms. Brownley of California , Ms. Edwards , Mr. Swalwell of California , Mr. Cartwright , Ms. Hahn , Ms. Bordallo , Mr. Pascrell , and Mr. Hastings of Florida ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To award a Congressional Gold Medal to Sally K. Ride in recognition of her exemplary service as an astronaut, physicist, and science education advocate. 1. Short title This Act may be cited as the Sally K. Ride Congressional Gold Medal Act of 2013 . 2. Findings Congress finds the following: (1) On June 18, 1983, as a crew member of the Space Shuttle Challenger STS–7 mission, Dr. Sally K. Ride became the first American woman to travel into space. (2) Dr. Ride traveled to space on October 5, 1984, as a crew member of STS 41–G. (3) Following the Space Shuttle Challenger disaster in 1986, Dr. Ride served as a member of the Presidential commission investigating the accident. (4) Dr. Ride also served on the Space Shuttle Columbia Accident Investigation Board in 2003, and was the only person to have served on both the Space Shuttle Challenger and the Space Shuttle Columbia accident investigation boards. (5) In addition to her service as a National Aeronautics and Space Administration (NASA) astronaut, Dr. Ride was a Ph.D. physicist and served as a professor of physics and the Director of the California Space Institute at the University of California, San Diego. (6) In 2001, to further her long-time passion of motivating girls and young women to pursue careers in science, technology, engineering, and mathematics, Dr. Ride founded Sally Ride Science, a company that creates entertaining science programs and publications for elementary and middle school students. (7) Dr. Ride served as a member of the President’s Council of Advisors on Science and Technology and the Space Studies Board of the National Research Council. (8) The exemplary service of Dr. Ride as a NASA astronaut, physicist, and science education advocate inspired a generation of Americans. 3. Congressional gold medal (a) Presentation authorized The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the posthumous presentation, on behalf of the Congress, of a gold medal of appropriate design in commemoration of Sally K. Ride in recognition of her exemplary service as an astronaut, physicist, and science education advocate. (b) Design and striking For the purpose of the presentation referred to in subsection (a), the Secretary of the Treasury shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. 4. Duplicate medals The Secretary of the Treasury may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. 5. Status of medals (a) National Medals The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items For purposes of sections 5134 and 5136 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. 6. Authority to use fund amounts; proceeds of sale (a) Authorization To use fund amounts There is authorized to be charged against the United States Mint Public Enterprise Fund, such amounts as may be necessary to pay for the cost of the medals struck pursuant to this Act. (b) Proceeds of sale Amounts received from the sale of duplicate bronze medals under section 4 shall be deposited in the United States Mint Public Enterprise Fund.
https://www.govinfo.gov/content/pkg/BILLS-113hr2422ih/xml/BILLS-113hr2422ih.xml
113-hr-2423
I 113th CONGRESS 1st Session H. R. 2423 IN THE HOUSE OF REPRESENTATIVES June 18, 2013 Mr. Runyan introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To improve the authority of the Secretary of Veterans Affairs to enter into contracts with private physicians to conduct medical disability examinations. 1. Short title This Act may be cited as the Disabled Veterans’ Access to Medical Exams Improvement Act . 2. Improvements to authority for performance of medical disabilities examinations by contract physicians (a) Extension of temporary authority Subsection (c) of section 704 of the Veterans Benefits Act of 2003 ( 38 U.S.C. 5101 note) is amended by striking December 31, 2013 and inserting December 31, 2016 . (b) Licensure of contract physicians (1) Temporary authority Such section 704 is further amended— (A) by redesignating subsection (d) as subsection (e); and (B) by inserting after subsection (c) the following new subsection (d): (d) Licensure of contract physicians (1) In general Notwithstanding any law regarding the licensure of physicians, a physician described in paragraph (2) may conduct an examination pursuant to a contract entered into under subsection (b) at any location in any State, the District of Columbia, or a Commonwealth, territory, or possession of the United States, so long as the examination is within the scope of the authorized duties under such contract. (2) Physician described A physician described in this paragraph is a physician who— (A) has a current license to practice the health care profession of the physician; and (B) is performing authorized duties for the Department of Veterans Affairs pursuant to a contract entered into under subsection (b). . (2) Pilot program Section 504 of the Veterans’ Benefits Improvement Act of 1996 ( 38 U.S.C. 5101 note) is amended— (A) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (B) by inserting after subsection (b) the following new subsection (c): (c) Licensure of contract physicians (1) In general Notwithstanding any law regarding the licensure of physicians, a physician described in paragraph (2) may conduct an examination pursuant to a contract entered into under subsection (a) at any location in any State, the District of Columbia, or a Commonwealth, territory, or possession of the United States, so long as the examination is within the scope of the authorized duties under such contract. (2) Physician described A physician described in this paragraph is a physician who— (A) has a current license to practice the health care profession of the physician; and (B) is performing authorized duties for the Department of Veterans Affairs pursuant to a contract entered into under subsection (a). . (c) Expansion of pilot program Subsection (b) of such section 504 is amended to read as follows: (b) Locations (1) Number The Secretary may carry out the pilot program under this section through not more than 15 regional offices of the Department of Veterans Affairs. (2) Selection The Secretary shall select the regional offices under paragraph (1) by analyzing appropriate data to determine the regional offices that require support. Such appropriate data shall include— (A) the number of backlogged claims; (B) the total pending case workload; (C) the length of time cases have been pending; (D) the accuracy of completed cases; and (E) the overall timeliness of completed cases. (3) Annual analysis The Secretary shall carry out the data analysis of the regional offices under paragraph (2) during each year in which the program under this section is carried out to determine the regional offices selected under paragraph (1) for such year. .
https://www.govinfo.gov/content/pkg/BILLS-113hr2423ih/xml/BILLS-113hr2423ih.xml
113-hr-2424
I 113th CONGRESS 1st Session H. R. 2424 IN THE HOUSE OF REPRESENTATIVES June 18, 2013 Mr. Sires (for himself, Mr. Nadler , Mr. Rangel , Ms. Clarke , Mr. Payne , Ms. Kaptur , Ms. Tsongas , Mr. Grijalva , Mr. Fattah , Ms. Meng , Mr. Turner , and Mr. Crowley ) introduced the following bill; which was referred to the Committee on Financial Services , and in addition to the Committees on Education and the Workforce 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 authorize the Secretary of Housing and Urban Development to establish a program enabling communities to better leverage resources to address health, economic development, and conservation concerns through needed investments in parks, recreational areas, facilities, and programs, and for other purposes. 1. Short title and table of contents (a) Short title This Act may be cited as the Community Parks Revitalization Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Title I—Community parks revitalization program Sec. 101. Findings. Sec. 102. Purposes. Sec. 103. Community parks revitalization program. Sec. 104. Requirements for rehabilitation and construction grants. Sec. 105. Requirements for innovation and recreation program grants. Sec. 106. Local commitments to system recovery and maintenance. Sec. 107. Matching of State amounts, State action incentive. Sec. 108. Conversion of recreation property. Sec. 109. Coordination of program. Sec. 110. Reports; recordkeeping; audit and examination. Sec. 111. Reports to Congress. Sec. 112. Definitions. Sec. 113. Regulations. Sec. 114. Authorization of appropriations. Title II—Secured loans and loan guarantees for parks and recreation infrastructure development Sec. 201. Purposes. Sec. 202. Authority to provide assistance. Sec. 203. Eligible entities. Sec. 204. Projects eligible for assistance. Sec. 205. Activities eligible for assistance. Sec. 206. Applications. Sec. 207. Determination of eligibility and project selection. Sec. 208. Secured loans and loan guarantees. Sec. 209. Program administration. Sec. 210. State and local permits. Sec. 211. Definitions. Sec. 212. Regulations. Sec. 213. Funding. Sec. 214. Report to Congress. I Community parks revitalization program 101. Findings The Congress finds the following: (1) Currently, over 80 percent of our Nation’s population lives in urban areas. (2) Economic competitiveness, which includes the ability to create jobs, stimulate growth, attract businesses, investment, tourism, and a highly skilled workforce, is closely related to the availability of fully functional park and recreation systems in America’s metropolitan areas. (3) According to the American Society of Civil Engineers, parks, beaches, and other recreational facilities contribute $730 billion per year to the U.S. economy, support nearly 6.5 million jobs, and contribute to cleaner air and water and higher property values. (4) Despite spending on parks at the State and local level, the acreage of parkland per resident in urban areas is declining due to rapid increases in population. (5) A lack of access to public parks and recreation areas and facilities, as well as deteriorating and unsafe play areas, leads to an increase in physical inactivity, which in turn contributes to higher rates of obesity. (6) According to the Centers for Disease Control and Prevention, over the past 25 years, rates of obesity have more than tripled among adolescents ages 12 to 19 and doubled among adults ages 20 to 74 and children ages 6 to 11. (7) Obesity and related health problems put a strain on our Nation’s economy, as the annual costs of medical spending and lost productivity from individuals in the United States being obese and overweight are estimated to be $147,000,000,000. (8) A study by the Centers for Disease Control found that the creation of, or enhanced access to, places for physical activity, such as parks, led to a 25.6 percent increase in the percentage of people exercising on 3 or more days a week, which improves the physical and mental health of our citizens. (9) There are nearly 23 million veterans in the United States. Many have mental and physical disabilities from injuries sustained during their service in Iraq and Afghanistan. (10) Parks and recreation agencies are providing vital programs for veterans, with and without disabilities, and for their families, that provide physical, mental, and social benefits to improve their overall quality of life as they transition to civilian living. (11) According to the Juvenile Justice Bulletin, without structured, supervised activities in the after-school hours, youth are at greater risk of being victims of crime or participating in anti-social behaviors between 2:00 p.m. and 6:00 p.m. The peak hour for juvenile crime is between 3:00 p.m. and 4:00 p.m., the first hour after most students are dismissed from school. Urban parks decrease juvenile delinquency by providing quality after-school programs during these critical hours. (12) Parks also add to the environmental viability of communities. While cities currently spend tens of billions of dollars on treatment of storm water runoff and air pollution, studies have shown that parkland saves cities millions of dollars in storm water management and air pollution expenses by capturing precipitation, reducing runoff, and absorbing air pollutants. 102. Purposes The purposes of this title are— (1) to authorize the Secretary of Housing and Urban Development to establish a program enabling communities to better leverage resources to address health, economic development, and conservation concerns through needed investments in parks, recreational areas, facilities, and programs; (2) to improve and revitalize urban areas through economic development; (3) to prevent and improve chronic disease outcomes, including cardiovascular disease, diabetes, depression, and obesity; (4) to improve recreational areas and facilities and expand recreation services in urban areas with a high incidence of crime and help expand recreation opportunities for at-risk youth; (5) to promote collaboration between local agencies involved in parks and recreation, law enforcement, youth social services, and juvenile justice system; (6) to ensure accessibility to therapeutic recreation services and to provide recreation opportunities for injured or disabled members of the Armed Forces; and (7) to encourage the use of environmentally responsible components and sustainable landscape features, and promote cost effective solutions to issues such as storm water management, water conservation, and air quality. 103. Community parks revitalization program (a) In general The Secretary of Housing and Urban Development shall carry out a community parks revitalization program under this title under which the Secretary shall, from amounts appropriated pursuant to section 114, award the following grants on a competitive basis: (1) Rehabilitation and construction grants The Secretary shall make rehabilitation and construction capital grants in accordance with the criteria established pursuant to section 104(a) to eligible local governments for the purpose of— (A) rebuilding, remodeling, expanding, integrating, or developing existing or building new recreational areas and facilities, including improvements in park landscapes, infrastructure, buildings, and support facilities; and (B) the provision of lighting, emergency phones, or other capital improvements to improve the security of urban parks, but not including routine maintenance and upkeep activities. (2) Innovation and recreation program grants The Secretary shall make innovation and recreation program grants in accordance with the criteria established pursuant to section 105(a) to eligible local governments to cover costs of personnel, facilities, equipment, supplies, or services designed to demonstrate innovative and cost effective ways to augment park and recreation opportunities, or support new or existing programs, that increase access to recreation opportunities for returning veterans and active duty military and their families or provide constructive alternatives for youth at risk for engaging in criminal behavior. (3) Recovery action program grants The Secretary shall make recovery action program grants to eligible local governments for planning and development of local park and recreation recovery action programs required under section 106, including for resource and needs assessment, coordination, citizen involvement and planning, and program development activities to encourage public definition of goals and develop priorities and strategies for overall recreation system recovery. (b) Eligibility (1) In general For the purposes of this title, any local government located within a standard metropolitan statistical area, as determined in accordance with the most recent decennial Census, shall be eligible to apply for and receive grant awards pursuant to subsection (a). (2) Partial eligibility waiver (A) Designation The Secretary may designate local governments not located within standard metropolitan statistical areas, as determined in accordance with the most recent decennial Census, as eligible to receive grant awards pursuant to subsection (a). (B) Limitation on amounts The aggregate amount of grants made to eligible local governments that receive such status pursuant to subparagraph (A) of this paragraph shall not exceed 15 percent of the total amounts appropriated pursuant to this title for all grants under subsection (a). (c) Matching requirement (1) In general The Secretary shall ensure that each eligible local government that receives a grant pursuant to subsection (a) shall supplement, in accordance with this subsection, the amount received under such grant with an amount that is not less than 3/7 of such grant amount; except that, in the case of grants under subsection (a)(3), the Secretary shall ensure that each eligible local government shall supplement the amount received under such grant with amount that is not less than such grant amount. (2) Use Supplemental amounts made available in accordance with paragraph (1) shall be used only for projects and activities for which grant amounts are eligible to be used. (3) Sources for supplemental funds (A) Limitation on federal funds Supplemental funds required by paragraph (1) may not include any amounts made available from a Federal grant program, other than— (i) the community development block grant program under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ); (ii) any Federal program for general revenue sharing with local governments; or (iii) any Federal program that provides block grants to States and localities to develop, promote, implement, and manage energy efficiency and conservation projects and programs designed to reduce fossil fuel emissions, reduce energy use, improve energy efficiency, and create and retain jobs. (B) State and private amounts The Secretary may require that a portion of the supplemental funds required by paragraph (1) come from the State or private sources. (C) Non-federal funds Supplemental funds required by paragraph (1) may include— (i) general or specific purpose State or local revenues; (ii) State categorical grants; (iii) special appropriations under State law; (iv) donations of land, building, or building materials; (v) in-kind construction, technical, and planning services; and (vi) any combination of funds described in this subparagraph. (d) Transfer At the discretion of an eligible local government receiving a rehabilitation and construction grant under subsection (a)(1) or an innovation and recreation program grant under subsection (a)(2), and if consistent with the approved application for such grant, the a grant may be transferred in whole or in part to private nonprofit agencies, provided that assisted recreational areas and facilities owned or managed by such private nonprofit agencies offer recreation opportunities to the general population within the jurisdictional boundaries of the local government. (e) Payments Grant payments may be made only for rehabilitation and construction or innovation and recreation projects and programs approved by the Secretary. In the case of rehabilitation and construction and innovation projects, such payments may be made periodically consistent with the rate of progress toward the satisfactory completion of a project, except that the Secretary may, when appropriate, make advance payments on approved rehabilitation and construction and innovation projects in an amount not to exceed 20 percent of the total project cost. (f) Modification of project The Secretary may authorize modification of an approved rehabilitation and construction or innovation project only when a grantee has adequately demonstrated that such modification is necessary because of circumstances not foreseeable at the time such project was proposed. 104. Requirements for rehabilitation and construction grants (a) Priority criteria The Secretary shall establish priority criteria for the selection and approval of projects to be funded by a rehabilitation and construction grant made pursuant to section 103(a)(1), which shall include whether and the extent to which the project would— (1) serve a community with a high population density; (2) address demonstrated deficiencies in the condition of existing recreational areas and facilities in the project neighborhood; (3) address demonstrated deficiencies in access to neighborhood recreation opportunities, particularly for minority and low- and moderate-income residents, veterans or active duty military families, and residents with physical or mental disabilities; (4) serve a community with a higher than average number of unemployed people as a percentage of the civilian labor force of the project neighborhood; (5) include public participation in determining rehabilitation or development needs and the extent to which a project supports or complements target activities undertaken as part of a local government’s overall community development and urban revitalization program; (6) provide employment opportunities for minorities, youth, and low- and moderate-income residents in the project neighborhood; (7) provide for participation of neighborhood, nonprofit, or tenant organizations in the proposed rehabilitation and construction activity or in subsequent maintenance, staffing, or supervision of recreational areas and facilities; (8) demonstrate State, local, and private support for the project, as evidenced by commitments of non-Federal resources to project construction or operation; (9) build recreational areas and facilities in areas that are located within one-half of a mile of public housing or a school and do not currently have indoor or outdoor facilities; (10) create, maintain, or revitalize playgrounds or active play areas for children; (11) connect children to the outdoors for physical activity and access to nature; (12) promote physical activity for individuals and the community at large; (13) work collaboratively with local governments, colleges, and universities, and other institutions to track the longitudinal rates of chronic diseases in the community such as cardiovascular disease, diabetes, depression, and obesity; (14) use environmentally beneficial components such as sustainable landscape features and upcycled and recycled materials; (15) provide environmental benefits to urban areas, by including— (A) updating lighting; (B) planting trees; (C) increasing the urban forestry canopy; (D) improving stormwater management; (E) increasing green infrastructure; (F) employing water conservation measures; or (G) adding green spaces; (16) connect to public transportation; (17) apply the LEED Green Building Guidelines of the U.S. Green Building Council or other sustainability benchmarks that incorporate energy efficiency components, such as energy efficient lighting and heating ventilation and air conditioning (HVAC) systems and apply the SITES sustainable landscape guidelines of the Sustainable Sites Initiative; (18) contain safe trails or routes, such as trails, bikeways, and sidewalks that connect to neighborhoods and enhance access to parks and recreational areas and facilities; and (19) update existing equipment or facilities or construct new facilities or sites, to comply with the most recent accessibility guidelines published by the United States Access Board, specifically by removing architectural barriers so that sites comply or exceed the requirements of the final guidelines for the accessibility of recreational areas and facilities. (b) Limitation on use of funds Not more than 10 percent of any amounts made available pursuant to section 114 for rehabilitation and construction grants under section 103(a)(1) in any fiscal year may be used for the acquisition of lands or interests in land. 105. Requirements for innovation and recreation program grants (a) Priority criteria The Secretary shall establish priority criteria for the selection and approval of projects and programs to be funded by an innovation and recreation program grant made pursuant to section 103(a)(2), including whether and the extent to which the project or program— (1) promotes the unique integration of recreation with other community services, such as transportation, public housing and public safety, either to expand or update current services or to link programs within the social service structure of a neighborhood or between neighborhoods; (2) utilizes new management and cost-saving or service-efficient approaches for improving the delivery of recreation services; (3) serves communities with a high population of active military families or veterans; (4) ensures accessibility to therapeutic recreation services and provides recreation opportunities for injured or disabled members of the Armed Forces; (5) employs veterans or youth, or uses youth volunteers; (6) enhances or expands youth development in neighborhoods and communities by engaging youth in environmental stewardship, conservation, and service projects; (7) targets youth that are at the greatest risk of becoming involved in violence and crime; (8) demonstrates past success in providing constructive alternatives to youth at risk for engaging in criminal behavior; (9) demonstrates collaboration between local park and recreation, juvenile justice, law enforcement, and youth social service agencies and nongovernmental entities, including private, nonprofit agencies; and (10) shows the greatest potential of being continued with non-Federal funds or may serve as models for other communities. (b) Special considerations Each innovation and recreation program grant shall be used in accordance with the goals, priorities, and implementation strategies expressed in the local park and recreation recovery action program established pursuant to section 106 for the eligible local government receiving the grant, with particular regard to the special considerations set forth in the program pursuant to section 106(b). 106. Local commitments to system recovery and maintenance (a) Local park and recreation recovery action programs (1) In general As a requirement for approval of a project or program for a grant under paragraph (1) or (2) of section 103(a), the eligible local government applying for the grant shall submit to the Secretary a local park and recreation recovery action program that— (A) provides evidence of its commitment to ongoing planning, rehabilitation, service, operation, and maintenance programs for its park and recreation systems; and (B) maximizes coordination of all community resources, including other federally supported urban development and recreation programs. (2) Interim preliminary programs The Secretary shall provide, by regulation, that during an initial interim period the requirement under paragraph (1) for an eligible local government to submit a local park and recreation recover action program may be satisfied by submission of a preliminary action program to be carried out by the eligible local government that defines objectives, priorities, and implementation strategies for overall system recovery and maintenance and commit such local government to a scheduled program development process. (3) 5-year action program After the expiration of the interim period under paragraph (2), each eligible local government that applies for a grant under paragraph (1) or (2) of section 103(a) shall, as a condition of eligibility for such grant, submit to the Secretary a 5-year park and recreation recovery action program that demonstrates— (A) identification of recovery objectives, priorities, and implementation strategies; (B) adequate planning for rehabilitation of specific recreational areas and facilities, including projections of the cost of proposed projects; (C) capacity and commitment to ensure that facilities provided or improved under this title shall thereafter continue to be adequately maintained, protected, staffed, and supervised; (D) intention to maintain total local public outlays for park and recreation purposes at levels at least equal to those in the year preceding that in which grant assistance is sought, except in any case where a reduction in park and recreation outlays is proportionate to a reduction in overall spending by the applicant; and (E) the relationship of the park and recreation recovery action program to overall community development and urban revitalization efforts. (4) Continuing planning process The Secretary may, in such cases as the Secretary considers appropriate, encourage local governments to meet recovery action program requirements under this section through a continuing planning process that includes periodic improvements and updates in recovery action program submissions to eliminate identified gaps in program information and policy development. (b) Special considerations Each local park and recreation recovery action program required by this section shall address, at a minimum, the following special considerations: (1) Rehabilitation of existing recreational areas and facilities, including— (A) general systemwide renovation; (B) special rehabilitation requirements for recreational areas and facilities in areas of high population concentration and economic distress; and (C) restoration of outstanding or unique structures, landscaping, or similar features in parks of historical or architectural significance. (2) Local commitments to innovative and cost-effective programs and projects at the neighborhood level to augment recovery of park and recreation systems, including— (A) recycling of abandoned schools and other public buildings for recreation purposes; (B) multiple use of operating educational and other public buildings; (C) purchase of recreation services on a contractual basis; (D) use of mobile facilities and recreational, cultural, and educational programs or other innovative approaches to improving access for neighborhood residents; (E) integration of the recovery action program with federally assisted projects to maximize recreation opportunities through conversion of abandoned railroad and highway rights-of-way, waterfront, and other redevelopment efforts and such other federally assisted projects, as appropriate; (F) conversion to recreational use of street space, derelict land, and other public lands not now designated for neighborhood recreational use; and (G) use of various forms of compensated and uncompensated land regulation, tax inducements, or other means to encourage the private sector to provide neighborhood park and recreation facilities and programs. (c) Publication of requirements The Secretary shall establish and publish in the Federal Register requirements for preparation, submission, and updating of local park and recreation recovery action programs required under this section. (d) Innovation and recreation program grants for at-Risk youth To be eligible to receive an innovation and recreation program grant under section 103(a)(2) to be used to provide recreation opportunities or programs for at-risk youth, an eligible local government shall— (1) include in its 5-year park and recreation recovery action program required under subsection (a)(3) the goal of— (A) utilizing new ideas, concepts, and approaches aimed at improving facility design, operations, or programming in the delivery of recreation services; (B) increased access of therapeutic or other recreation services to veterans and military families; or (C) reducing crime and juvenile delinquency; and (2) provide a description of— (A) implementation strategies to achieve such goals; and (B) how the local government is coordinating its recreation programs with other community development or service agencies. 107. Matching of State amounts, State action incentive (a) Increase in grant amounts The Secretary may increase Federal rehabilitation and construction, innovation, and at-risk youth recreation grants authorized in section 103(a) by providing an additional match equal to the total match provided by a State of up to 15 percent of total project or program costs, except that in no event may— (1) such additional grant amount exceed 15 percent of the total project or program cost; or (2) the aggregate amount of the grant and the additional grant amounts under this subsection exceed 85 percent of total project or program cost. (b) State action incentive The Secretary shall further encourage the States to assist in assuring that local recovery plans and programs are adequately implemented by cooperating with the Department of Housing and Urban Development in monitoring local park and recreation recovery action programs and in assuring consistency of such plans and programs, where appropriate, with State recreation policies as set forth in statewide comprehensive outdoor recreation plans. 108. Conversion of recreation property (a) No conversion without approval No property improved or developed with assistance under a grant under this title may be converted for uses other than for public recreation, without the approval of the Secretary. (b) Standard for approval The Secretary may approve such conversion only— (1) if the Secretary determines the conversion to be consistent with the current local park and recreation recovery action program for the local government that improved or developed the property; and (2) subject to such conditions as the Secretary determines necessary to ensure the provision of adequate recreation properties and opportunities of reasonably equivalent location and usefulness. 109. Coordination of program The Secretary shall— (1) coordinate the community parks revitalization program for grants under this title with other Federal departments and agencies and with State agencies that administer programs and policies affecting urban areas such as the White House Office of Urban Policy and departments that administer programs and policies affecting climate change, green jobs, housing, urban development, natural resources management, employment, transportation, community services, and voluntary action; (2) encourage maximum coordination of the program between appropriate State agencies and local government applicants; and (3) require that local government applicants include provisions for participation of community and neighborhood residents, including youth, and for public-private coordination in recovery action program planning and project selection. 110. Reports; recordkeeping; audit and examination (a) Reports Each recipient of assistance under this title shall submit to the Secretary, for each fiscal year such assistance is received, an annual report detailing the projects and programs undertaken with such assistance, the number of jobs created by such assistance, and any other information the Secretary determines appropriate based on the priority criteria established by the Secretary under sections 105 and 106. (b) Recordkeeping Each recipient of assistance under this title shall keep such records as the Secretary shall prescribe, including records that fully disclose the amount and disposition of project or program undertakings in connection with which assistance under this title is given or used, and the amount and nature of that portion of the cost of the project or program undertaking supplied by other sources, and such other records as will facilitate an effective audit. (c) Audit and examination The Secretary and the Comptroller General of the United States, or their duly authorized representatives, shall have access, for the purpose of audit and examination, to any books, documents, papers, and records of a recipient of assistance under this title that are pertinent to such assistance. 111. Reports to Congress (a) Interim report Not later than 5 years after the date of enactment of this Act, the Secretary shall submit to the Congress an interim report containing such findings and recommendations as the Secretary determines appropriate with respect to the community parks revitalization program established pursuant to this title. (b) Final report Not later than 10 years after the date of enactment of this Act, the Secretary shall submit to Congress a report describing the overall impact of the community parks revitalization program established pursuant to this title. 112. Definitions In this title, the following definitions shall apply: (1) The term eligible local government means a local government that, pursuant to section 103(b), is eligible for a grant under section 103(a). (2) The term insular areas means Guam, the Virgin Islands, American Samoa, and the Northern Mariana Islands. (3) The term local government means any city, county, town, township, parish, village, or any local or regional special district, such as a park district, conservation district, or park authority. (4) The term maintenance means all commonly accepted practices necessary to keep recreational areas and facilities operating in a state of good repair and to protect such areas and facilities from deterioration resulting from normal wear and tear. (5) The term private nonprofit agency means a community-based, non-profit organization, corporation, or association organized for purposes of providing recreation, conservation, and educational services directly to urban residents on either a neighborhood or community-wide basis through voluntary donations, voluntary labor, or public or private grants. (6) The term recreational areas and facilities means indoor or outdoor parks, buildings, sites, or other facilities that are dedicated to recreation purposes and administered by public or private nonprofit agencies to serve the recreation needs of community residents, with emphasis on public facilities readily accessible to residential neighborhoods, including multiple-use community centers that have recreation as a primary purpose, but not including major sports arenas, exhibition areas, and conference halls used primarily for commercial sports, spectator, or display activities. (7) The term Secretary means the Secretary of Housing and Urban Development. (8) The term State means any State of the United States (or any instrumentality of a State approved by the Governor), the District of Columbia, and the Commonwealth of Puerto Rico. 113. Regulations (a) Regulations Not later than 180 days after the date of the enactment of this Act, the Secretary shall promulgate regulations establishing the community parks revitalization program under this title to provide the grants authorized in section 103(a), in accordance with this title. (b) Requirements The regulations required under this section shall include— (1) the criteria necessary to carry out sections 104, 105, and 106; (2) requirements regarding the form of, and elements to be included in, applications by eligible local governments for grants under this title, requirements for and detailed instructions on the process for submitting such applications, and deadlines for such applications; (3) criteria pursuant to sections 104(a) and 105(a) for priority in selection and approval by the Secretary of projects or programs to receive grant funds; (4) guidelines regarding whether an applicant may modify a pending application and the process for modifying pending applications, and guidelines for submitting a request for modification of a project awarded grant funding under this title after such an award has been made; and (5) penalties that will be assessed on local governments awarded a grant under this title for failure to comply with the reporting and recordkeeping requirements under section 110, which shall provide penalties up to and including rescission of grant amounts for repetitive violations. 114. Authorization of appropriations (a) In general There are authorized to be appropriated such sums as may be necessary to carry out this title for each of fiscal years 2013 through 2022. (b) Limitation on innovation and recreation program grants Not more than 10 percent of any amounts appropriated pursuant to subsection (a) of this section in any fiscal year may be used for grants under section 103(a)(2). (c) Limitation on recovery action program grants Not more than 3 percent of any amounts appropriated pursuant to subsection (a) of this section in any fiscal year may be used for grants under section 103(a)(3). (d) Grants for insular areas Notwithstanding any other provision of this title, the Secretary may use not more than 2 percent of any amounts appropriated pursuant to subsection (a) in any fiscal year may to provide rehabilitation and construction grants under section 103(a)(1), innovation and recreation program grants under section 103(a)(2), and recovery action program grants under section 103(a)(3) to be used in the insular areas. Any such grants shall not be subject to sections 103(c) and 107(a) (relating to matching amounts), and may only be subject to such conditions, reports, plans, and agreements, if any, as determined by the Secretary. II Secured loans and loan guarantees for parks and recreation infrastructure development 201. Purposes The purposes of this title are— (1) to promote increased development of parks and recreation infrastructure by establishing additional opportunities for financing parks and recreation projects; (2) to attract new investment capital to infrastructure projects that are capable of generating revenue streams through user fees or other dedicated funding sources; (3) to complement existing Federal funding sources and address budgetary constraints on the National Park Service; and (4) to leverage private investment in parks and recreation infrastructure. 202. Authority to provide assistance The Secretary of Housing and Urban Development may provide financial assistance under section 208 to eligible entities to carry out parks and infrastructure projects selected for such assistance pursuant to section 207. 203. Eligible entities Financial assistance under section 208 may be provided only to the following entities: (1) A corporation. (2) A partnership. (3) A joint venture. (4) A trust. (5) A Federal, State, or local governmental entity, agency, or special purpose park and recreation district. (6) A State infrastructure financing authority. 204. Projects eligible for assistance Financial assistance may be provided under section 208, subject to section 207, only for the following types of projects: (1) A project for the development of indoor or outdoor parks, buildings, sites, or other facilities that are dedicated to recreation purposes and administered by public or private nonprofit agencies to serve the recreation needs of community residents, including multiple-use community centers that have recreation as a primary purpose, but not including major sports arenas, exhibition areas, and conference halls used primarily for commercial sports, spectator, or display activities. (2) A project for the construction, planning, and design of on-road and off-road trail facilities for pedestrians, bicyclists, and other nonmotorized forms of transportation, including sidewalks, bicycle infrastructure, pedestrian and bicycle signals, traffic calming techniques, lighting and other safety-related infrastructure, and transportation projects to achieve compliance with the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ). (3) A project for the construction, planning, and design of infrastructure-related projects and systems that will provide safe routes for non-drivers, including children, older adults, and individuals with disabilities to access daily needs. (4) A project for the conversion and use of abandoned railroad corridors for trails for pedestrians, bicyclists, or other nonmotorized transportation users. (5) A project for the construction of turnouts, overlooks, and viewing areas. 205. Activities eligible for assistance Amounts from a loan made or guaranteed under section 208 provided for an eligible project may be used for costs of carrying out such project, including costs of— (1) development-phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, permitting, preliminary engineering and design work, and other preconstruction activities; (2) construction, reconstruction, rehabilitation, preservation, and replacement activities; (3) the acquisition of real property (including water rights, land relating to the project, and improvements to land), environmental mitigation, construction contingencies, and acquisition of equipment; (4) capitalized interest necessary to meet market requirements, reasonably required reserve funds, capital issuance expenses, and other carrying costs during construction; and (5) refinancing interim construction funding, long-term project obligations, or a secured loan or loan guarantee made under this title. 206. Applications (a) In general The Secretary shall provide for eligible entities to submit applications for selection of eligible projects to receive financial assistance under section 208, at such time, in such manner, and containing such information as the Secretary may require. (b) Combined projects The Secretary shall provide that in the case only of an eligible entity described in section 203(6), such an entity may submit a single application for a combination of projects, each of which is an eligible project under paragraphs (1) through (5) of section 205. 207. Determination of eligibility and project selection (a) Selection of projects Using the selection criteria under subsection (c) of this section, the Secretary shall select, from applications submitted pursuant to section 206, eligible projects that meet the criteria under subsection (b) of this section for financial assistance under section 208. (b) Project requirements An eligible project may not be selected to receive financial assistance under section 208 unless the Secretary determines that the project meets all of the following criteria: (1) Creditworthiness (A) In general Subject to subparagraph (B), the project shall be creditworthy, as determined by the Secretary as applicable, to shall ensure that any financing for the project has appropriate security features, such as a rate covenant, to ensure repayment. (B) Preliminary rating opinion letter The Secretary shall require the applicant for each project to provide, as part of the application for the project under section 206, a preliminary rating opinion letter from at least one rating agency indicating that the senior project obligations of the project (which may be the Federal credit instrument) have the potential to achieve an investment-grade rating. (C) Special rule for certain combined projects The Secretary shall develop a credit evaluation process for a Federal credit instrument provided to a State infrastructure financing authority for a project described in section 206(b), which may include requiring the provision of a preliminary rating opinion letter from at least one rating agency. (2) Eligible project costs The costs of the eligible project shall be reasonably anticipated to be not less than $20,000,000. (3) Dedicated revenue sources The Federal credit instrument for the project shall be repayable, in whole or in part, from dedicated revenue sources that also secure the project obligations. (4) Public sponsorship of private entities In the case of a project carried out by an entity that is not a State or local government or an agency or instrumentality of a State or local government, the project shall be publicly sponsored. (c) Selection criteria (1) Establishment The Secretary shall establish criteria for the selection of projects that meet the eligibility requirements of subsection (b). Such criteria shall be designed to ensure a diversity of project types and geographical locations, and shall include the following: (A) The extent to which the project is statewide or regionally significant, with respect to the generation of increased recreational opportunities. (B) The extent to which assistance under this title would foster innovative public-private partnerships and attract private debt or equity investment. (C) The likelihood that assistance under this title would enable the project to proceed at an earlier date than the project would otherwise be able to proceed. (D) The extent to which the project uses new or innovative approaches. (E) The amount of budget authority required to fund the Federal credit instrument for the project made available under this title. (F) The extent to which the project helps maintain or protect the environment. (G) The extent to which assistance under this section reduces the contribution of Federal grant assistance to the project. (2) Special rule for certain combined projects For a project described in section 206(b), the Secretary shall only consider the criteria described in subparagraphs (B) through (G) of paragraph (1). (d) Federal requirements Nothing in this section may be construed to alter, affect, or annul the applicability of any other Federal laws or regulations. 208. Secured loans and loan guarantees (a) Authority The Secretary may enter into agreements with eligible entities to make, and may make, secured loans to such entities as provided under this section for eligible projects selected under section 207 for financial assistance under this section. (b) Use (1) In general The proceeds of a secured loan under this section shall be used only— (A) to finance eligible project costs of an eligible project selected under section 207; (B) subject to paragraph (2) of this subsection, to refinance interim construction financing of eligible project costs of an eligible project selected under section 207; or (C) to refinance long-term project obligations or Federal credit instruments, if such refinancing provides additional funding capacity for the completion, enhancement, or expansion of a project that— (i) is selected under section 207; or (ii) was originally financed, in whole or in part, with amounts provided other than under this title, if the project otherwise meets the requirements of section 207. (2) Limitation on refinancing of interim construction financing The proceeds of a secured loan under this section made for an eligible project may not be used for the purpose under paragraph (1)(B) after the expiration of the 12-month period beginning upon the date of substantial completion of the project. (c) Risk assessment Before entering into an agreement under this subsection for a secured loan, the Secretary, in consultation with the Director of the Office of Management and Budget and each rating agency providing a preliminary rating opinion letter under section 207(b)(1)(B), shall determine an appropriate capital reserve subsidy amount for the secured loan, taking into account each such preliminary rating opinion letter. (d) Investment-Grade rating requirement for senior obligations The execution of a secured loan under this section shall be contingent on receipt by the senior obligations of the project of an investment-grade rating. (e) Terms and limitations (1) Maximum amount The amount of a secured loan under this section shall not exceed the lesser of— (A) an amount equal to 49 percent of the reasonably anticipated eligible project costs; or (B) if the secured loan does not receive an investment-grade rating, the amount of the senior project obligations of the project. (2) Payment A secured loan under this section— (A) shall be payable, in whole or in part, from State or local taxes, user fees, or other dedicated revenue sources that also secure the senior project obligations of the relevant project; (B) shall include a rate covenant, coverage requirement, or similar security feature supporting the project obligations; and (C) may have a lien on revenues described in subparagraph (A), subject to any lien securing project obligations. (3) Interest rate The interest rate on a secured loan under this section shall be— (A) not less than the yield on United States Treasury securities of a similar maturity to the maturity of the secured loan on the date of execution of the loan agreement; and (B) fixed for the term of the loan. (4) Maturity date (A) In general Except as provided in subparagraph (B), the final maturity date of a secured loan under this section for an eligible project shall be not later than 35 years after the date of substantial completion of the project. (B) Special rule for State infrastructure financing authorities The final maturity date of a secured loan under this section made to a State infrastructure financing authority shall be not later than 35 years after the date on which loan amounts are first disbursed. (5) Nonsubordination A secured loan under this section shall not be subordinated to the claims of any holder of project obligations in the event of bankruptcy, insolvency, or liquidation of the obligor. (6) Fees The Secretary may establish fees in connection with a secured loan under this section, in amounts sufficient to cover all or a portion of the costs to the Federal Government of secured loans under this section. (7) Use of proceeds for payment of non-Federal share The proceeds of a secured loan under this section may be used to pay any non-Federal share required with respect to other funding obtained for project costs, but only if such secured loan is repaid using non-Federal funds. (8) Maximum Federal involvement For any project for which assistance is provided under this title, the total amount of Federal assistance from all sources, including this title, shall not exceed 80 percent of the total project cost. (9) Others A secured loan provided for a project under this section shall be subject to such other terms and conditions, and contain such covenants, representations, warranties, and requirements (including requirements for audits), as the Secretary determines to be appropriate. (f) Repayment (1) Schedule The Secretary shall establish a repayment schedule for each secured loan provided under this section, based on the projected cash flow from project revenues and other repayment sources. (2) Commencement (A) In general Except as provided in subparagraph (B), scheduled loan repayments of principal or interest on a secured loan under this section for an eligible project shall commence not later than 5 years after the date of substantial completion of the project. (B) Special rule for State infrastructure financing authorities Scheduled loan repayments of principal or interest on a secured loan made under this section to a State infrastructure financing authority shall commence not later than 5 years after the date on which amounts are first disbursed. (3) Deferred payments (A) Authorization If, at any time after the date of substantial completion of a project for which a secured loan is provided under this section, the project is unable to generate sufficient revenues to pay the scheduled loan repayments of principal and interest on the loan, the Secretary may, subject to subparagraph (C), allow the obligor to add unpaid principal and interest to the outstanding balance of the secured loan. (B) Interest Any payment deferred pursuant to subparagraph (A) shall— (i) continue to accrue interest in accordance with subsection (e)(3) until fully repaid; and (ii) be amortized over the remaining term of the secured loan. (C) Criteria Any payment deferral pursuant to subparagraph (A) shall be contingent on the project meeting— (i) standards for reasonable assurance of repayment, as the Secretary shall establish; and (ii) such other criteria as the Secretary may establish. (4) Prepayment (A) Use of excess revenues Any excess revenues from an eligible project that remain after satisfying scheduled debt service requirements on the project obligations and secured loan and all deposit requirements under the terms of any trust agreement, bond resolution, or similar agreement securing project obligations may be applied annually to prepay a secured loan under this section without penalty. (B) Use of proceeds of refinancing A secured loan under this section may be prepaid at any time, without penalty, from the proceeds of refinancing from non-Federal funding sources. (g) Sale of secured loans (1) In general Subject to paragraph (2), if the Secretary determines that the sale or reoffering of a secured loan under this section for an eligible project can be made on favorable terms, the Secretary may sell the loan to another entity or reoffer the loan into the capital markets as soon as practicable after the date of substantial completion of a project and after providing notice to the obligor. (2) Consent of obligor In making a sale or reoffering under paragraph (1), the Secretary may not change the original terms and conditions of the secured loan without the written consent of the obligor. (h) Loan guarantees (1) In general In lieu of making a secured loan under this section for an eligible project, the Secretary may provide a loan guarantee for a project obligation for the project funded by a qualified lender (as such term is defined in section 211), but only if the Secretary determines that the cost as such term is defined in section 502 of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661a ) of the loan guarantee is substantially the same as or less than that of making a secured loan. (2) Terms The terms of a loan guarantee provided under this subsection shall be consistent with the terms established in this section for a secured loan, except that the interest rate on the guaranteed loan and any prepayment features shall be negotiated between the obligor and the qualified lender, subject to the consent of the Secretary. 209. Program administration (a) Requirement The Secretary shall establish a uniform system to service the Federal credit instruments made available under this title. (b) Fees (1) In general The Secretary may collect and spend fees, to the extent provided in advance in appropriations Acts, in amounts sufficient to cover— (A) the costs of services obtained pursuant to subsection (d); and (B) all or a portion of the costs to the Federal Government of servicing the Federal credit instruments provided under this title. (c) Servicer (1) In general The Secretary may appoint a financial entity to assist the Secretary in servicing Federal credit instruments provided under this title. (2) Duties A servicer appointed under paragraph (1) shall act as the agent for the Secretary. (3) Fee A servicer appointed under paragraph (1) shall receive a servicing fee, subject to approval by the Secretary. (d) Assistance from experts The Secretary may retain the services, including counsel, of organizations and entities with expertise in the field of municipal and project finance to assist in the underwriting and servicing of Federal credit instruments provided under this title. 210. State and local permits The provision of financial assistance under section 208 for an eligible project shall not— (1) relieve any recipient of such assistance of any obligation to obtain any required State or local permit or approval with respect to the project; (2) limit the right of any unit of State or local government to approve or regulate any rate of return on private equity invested in the project; or (3) otherwise supersede any State or local law or regulation applicable to the construction or operation of the project. 211. Definitions In this title, the following definitions shall apply: (1) Commercial sports The term commercial sport means a sports enterprise of which profit-making forms a major part. (2) Eligible entity The term eligible entity means an entity eligible pursuant to section 203 to receive financial assistance under section 208. (3) Eligible project The term eligible project means a project for which financial assistance under section 208 may be provided, pursuant to section 204. (4) Eligible project costs The term eligible project costs means, with respect to an eligible project, any costs of the project eligible under section 205 to be paid with amounts from a loan made or guaranteed pursuant to section 208. (5) Federal credit instrument The term Federal credit instrument means a secured loan made, or loan guarantee provided, under section 208. (6) Investment-grade rating The term investment-grade rating means, with respect to project obligations, a rating of BBB minus, Baa3, bbb minus, BBB (low), or higher as assigned by a rating agency. (7) Loan guarantee The term loan guarantee means any guarantee or other pledge by the Secretary to pay all or part of the principal of, and interest on, a loan or other debt obligation. (8) Obligor The term obligor means— (A) with respect to a Federal credit instrument that is a secured loan under section 208, the eligible entity that is primarily liable for payment of the principal of, or interest on, the loan; and (B) with respect to a Federal credit instrument that is a loan guarantee under section 208(h), the eligible entity that is primarily liable for payment of the loan or other debt obligation repayment of which is guaranteed pursuant to such section. (9) Project obligation The term project obligation means, with respect to an eligible project, any note, bond, debenture, or other debt obligation issued by an obligor in connection with the financing of the project. Such term does not include a Federal credit instrument. (10) Qualified lender (A) In general The term qualified lender means any non-Federal qualified institutional buyer, as such term is defined in section 230.144A(a) of title 17, Code of Federal Regulations (or any successor regulation), known as Rule 144A(a) of the Securities and Exchange Commission and issued under the Securities Act of 1933 ( 15 U.S.C. 77a et seq. ). (B) Inclusions Such term includes— (i) a qualified retirement plan (as defined in section 4974(c) of the Internal Revenue Code of 1986) that is a qualified institutional buyer; and (ii) a governmental plan (as defined in section 414(d) of the Internal Revenue Code of 1986) that is a qualified institutional buyer. (11) Rating agency The term rating agency means a credit rating agency registered with the Securities and Exchange Commission as a nationally recognized statistical rating organization (as defined in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) )). (12) Secretary The term Secretary means the Secretary of Housing and Urban Development. (13) Secured loan The term secured loan means a direct loan or other debt obligation issued by an obligor and funded by the Secretary pursuant to section 208. (14) State The term State means a State, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. (15) State infrastructure financing authority The term State infrastructure financing authority means the State entity established or designated by the Governor of a State to receive assistance under this title. (16) Subsidy amount The term subsidy amount means, with respect to a Federal credit instrument, the amount of budget authority sufficient to cover the estimated long-term cost to the Federal Government of the Federal credit instrument, as calculated on a net present value basis, excluding administrative costs and any incidental effects on governmental receipts or outlays in accordance with the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661 et seq. ). (17) Substantial completion The term substantial completion means, with respect to a project, the earliest date on which a project is considered capable of performing the functions for which the project is designed. 212. Regulations The Secretary may issue such regulations as the Secretary considers appropriate to carry out this title. 213. Funding From amounts made available for Federal purposes under section 5 of the Land and Water Conservation Fund Act of 1965 ( 16 U.S.C. 460 l –7 ), there is authorized to be appropriated to the Secretary to carry out this title $50,000,000 for each of fiscal years 2014 through 2018, to remain available until expended, of which in each such fiscal year— (1) the Secretary may use for the administration of this title, including program administration under section 209, not more than $2,200,000; and (2) the remainder shall be available for costs (as such term is defined in section 502 of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661a )) of loans and loan guarantees under section 208. 214. Report to Congress Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Secretary shall submit to the Congress a report summarizing the financial performance of the projects that are receiving, or have received, assistance under this title, including a recommendation as to whether the objectives of this title are being met.
https://www.govinfo.gov/content/pkg/BILLS-113hr2424ih/xml/BILLS-113hr2424ih.xml
113-hr-2425
I 113th CONGRESS 1st Session H. R. 2425 IN THE HOUSE OF REPRESENTATIVES June 18, 2013 Mr. Tierney (for himself, Mr. George Miller of California , Mr. Andrews , and Mr. Jones ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend title I of the Employee Retirement Income Security Act of 1974 to provide protection for company-provided retiree health benefits. 1. Short title This Act may be cited as the Earned Retiree Healthcare Benefits Protection Act of 2013 . 2. Findings and purposes (a) Findings The Congress finds the following: (1) Retired participants of group health plans regulated by the Employee Retirement Income Security Act of 1974 (ERISA) have been severely harmed by the virtually unchecked practices of sponsors of such plans involving the post-retirement cancellation or reduction of earned health benefits contrary to assurances retirees received prior to retirement that such benefits would be with them for life. (2) Such widespread post-retirement reductions in retiree health benefits has led to a crisis in retiree health care in which retirees— (A) have been unable to substitute individual coverage for the group coverage they lost, or, in order to obtain individual coverage, have jeopardized their economic security in retirement; (B) because of preexisting medical conditions cannot obtain substitute coverage that they can afford without depleting their life savings or have been unable to obtain adequate medical care or medical care they had relied on to deal with serious illness; (C) have sustained catastrophic illnesses or injuries or otherwise experienced a marked deterioration in their medical conditions or health as a result of post-retirement changes to their medical benefits; (D) have been transferred indiscriminately into improperly or inadequately managed health maintenance organizations or other managed care entities, resulting in the worsening rather than improvement of prior medical conditions; and (E) in many instances, have failed to obtain adequate relief in the courts due to highly restrictive judicial interpretations which are inconsistent with ERISA’s underlying protective purposes. (3) The crisis in retiree healthcare generated by the plan sponsor practice of post-retirement cancellations or reductions of previously promised earned retiree health benefits has led to a widespread loss of confidence in the integrity of ERISA-regulated group health plans and the ability of ERISA itself to adequately protect retiree health benefits. (4) A strong and dependable private sector retiree health system is a necessary component to the essential health of our Nation’s senior citizens. (b) Purposes (1) In general The purposes of this Act are to ensure that the reasonable health benefit expectations of retirees from ERISA-regulated group health plans are fulfilled, to minimize the incidence of prolonged legal disputes arising out of the post-retirement cancellation or reduction of earned retiree health benefits from such plans, and to prevent further adverse effects on retiree health arising from such post-retirement changes. (2) Future safeguards and enforceable obligations To carry out the purposes described in paragraph (1): (A) The provisions of this Act safeguard retired participants of group health plans subject to ERISA from loss or reduction of their health benefits from such plans by barring plan sponsors from canceling or reducing such benefits after the dates such participants retire and when they no longer are able to absorb such losses or reductions without experiencing adverse effects on their health or finances. (B) The provisions of this Act also establish an enforceable obligation on the part of sponsors of such group health plans to restore health benefits previously taken away from retired participants of such plans to the extent such benefits were cancelled or altered after the dates such participants retired. The obligation is limited to restoring healthcare benefits only back to specified levels, and the obligation does not apply if the plan sponsor would sustain substantial business hardship by restoring such benefits. 3. Retiree health benefit protections in group health plans (a) In general Subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new part: 8 Emergency retiree health benefit protections 801. Prohibition against post-retirement reductions of retiree health benefits by group health plans (a) In general Notwithstanding that a group health plan described in subsection (b) may contain a provision reserving the general power to amend or terminate the plan or a provision specifically authorizing the plan to make post-retirement reductions in retiree health benefits, the benefits provided to a retired participant or his or her beneficiary under the terms of the plan may not be reduced, whether through amendment or otherwise, if such reduction of benefits occurs after the date the participant has retired for purposes of the plan and reduces benefits that were provided to the participant, or his or her beneficiary, as of the date the participant retired. Any group health plan provision which is purported to authorize the reduction of benefits in a manner inconsistent with the preceding sentence shall be void as against public policy. (b) Group health plan For purposes of this part, the term group health plan has the same meaning as in section 607(1). (c) Prohibited reduction of benefits For purposes of this part, any reference to a reduction of benefits shall be construed to be a reference to any amendment to a group health plan, or to any other action, which has the effect of— (1) canceling, decreasing, or limiting the amount, type, or form of any benefit or option provided prior to the amendment or action; (2) imposing or increasing out-of-pocket costs that a retired participant, or his or her beneficiary, must pay in order for benefits that were provided under the plan to the participant or beneficiary prior to the amendment or action to be provided to the participant or beneficiary after the amendment or action; or (3) modifying the manner by which medical services are delivered under the plan so that after the amendment or action a retired participant, or his or her beneficiary, has less ready access to the delivery of any such medical services than the participant or beneficiary had prior to the amendment or action. (d) Treatment of plan termination (1) In general Subject to paragraph (2), a termination of a group health plan shall be treated as a reduction in benefits prohibited under subsection (a) if, after the termination, the plan sponsor of the terminated plan fails to continue to provide to the participants who retired prior to the termination and to their beneficiaries the same retiree health benefits that were provided prior to the termination. (2) Waiver Paragraph (1) shall not apply in the case of the termination of a group health plan if the Secretary issues a waiver under this paragraph in connection with such termination. The Secretary shall issue such a waiver if and only if the plan sponsor demonstrates to the satisfaction of the Secretary, in accordance with regulations prescribed by the Secretary, that such plan sponsor will be unable to continue in business unless such a waiver is issued. 802. Adoption by group health plans of provision barring post-retirement reductions in retiree health benefits Each group health plan which provides, as of the date of a participant’s retirement under the plan, benefits after such date with respect to such participant or his or her beneficiaries shall contain a provision which expressly bars any reduction in such benefits after such date, either under the terms of the plan or by any fiduciary of the plan. 803. Restoration by group health plans of benefits reduced after retirement (a) In general The plan sponsor of each group health plan shall provide, in accordance with this section, benefit restoration under this section to each retired participant that meets the following requirements: (1) The retired participant is entitled to benefit coverage under the plan as of the date of the enactment of the Earned Retiree Healthcare Benefits Protection Act of 2013 . (2) The participant retired under the plan before the date of the enactment of such Act, and a reduction in benefits, with respect to any benefit or option provided to the retired participant under the plan as of the date the participant retired, took effect after the participant’s date of retirement and before the date of the enactment of such Act. (3) The retired participant has elected to restore benefits under the plan within the restoration period prescribed pursuant to subsection (b) and in accordance with such procedures as may be established under the plan pursuant to regulations of the Secretary. (b) Restoration period For purposes of this section, the term restoration period means a period which shall be prescribed by the Secretary and which— (1) begins not later than 1 year after the date of the enactment of the Earned Retiree Healthcare Benefits Protection Act of 2013 ; (2) ends before the end of the 2-year period beginning with such date, or such longer period as may result from a suspension of such 2-year period by the Secretary pursuant to section 804(g); and (3) is of no less than 60 days duration. (c) Applicable standards for restoration of benefits (1) In general For purposes of this section, reduced benefits shall be deemed restored under this section— (A) in the case of a participant who retired under the plan before the plan year beginning with or during 1991, if the benefits which were subjected to reduction are restored to the level of such benefits which was in effect for the plan year beginning with or during 1991; and (B) in the case of a participant who retired under the plan after the plan year beginning with or during 1990 and before the date of the enactment of the Earned Retiree Healthcare Benefits Protection Act of 2013 , if the benefits which were subjected to reduction are restored to the level of such benefits which was in effect immediately prior to the reduction. (2) Level of benefits For purposes of paragraph (1), restoration of benefits to a level required under paragraph (1) occurs if— (A) any cancellation, decrease, or limitation with respect to the amount, type, or form of any benefit or option which resulted in the reduction in benefits is rescinded or lessened so as to result in the amount, type, and form of benefits in effect for the plan year beginning with or during 1991 (in the case of a participant described in paragraph (1)(A)) or as of immediately prior to the reduction (in the case of a participant described in paragraph (1)(B)); (B) any imposition or increase in out-of-pocket costs that the participant, or his or her beneficiary, must pay which resulted in the reduction in benefits is rescinded or lessened so as to result in the level of out-of-pocket costs in effect for the plan year beginning with or during 1991 (in the case of a participant described in paragraph (1)(A)) or as of immediately prior to the reduction (in the case of a participant described in paragraph (1)(B)); and (C) any modification in the manner by which medical services are delivered under the plan which resulted in the reduction in benefits is rescinded or amended so as to result in a manner by which medical services are delivered under the plan which is substantially equivalent to the manner by which medical services are delivered in effect for the plan year beginning with or during 1991 (in the case of a participant described in paragraph (1)(A)) or as of immediately prior to the reduction (in the case of a participant described in paragraph (1)(B)). (d) Exception for certain plans In accordance with regulations prescribed by the Secretary, in the case of any group health plan which has less than 100 participants as of the date of the enactment of the Earned Retiree Healthcare Benefits Protection Act of 2013 , subsection (a) shall apply to such plan only if, at any time during the period described in subsection (b)(2) (including any extension thereof), such plan has more than 100 participants. (e) Notice requirements concerning restoration of benefits In accordance with such regulations as may be prescribed by the Secretary, the plan administrator of each group health plan subject to the requirements of subsection (a) shall, within 30 days prior to the commencement of the plan’s restoration period, provide written notice to each retired participant of the plan who meets the requirements of subsection (a) of the following: (1) A description of all benefits the retired participant is entitled to have restored. (2) The administrative procedure established under the plan which may be used to submit a claim for the restoration of any benefits. (3) An itemization of the value of each benefit the retired participant is entitled to have restored, as determined in accordance with the regulations of the Secretary, and the total value of all such benefits. (4) A description of any post-retirement increases in retiree health benefits the retired participant received which the plan sponsor could rescind if the retired participant asserts a claim for the restoration of benefits. (5) An itemization of the value of each retiree health benefit that the plan sponsor could rescind, as determined in accordance with the regulations of the Secretary, and the total value of all such benefits. (6) If the plan sponsor has filed an application for a substantial business hardship exemption under section 804, the date on which such application was filed, the date on which notice of such application was given to retired participants entitled to submit a claim for the restoration of benefits, and the status of such application as of the date of the notice sent pursuant to this subsection. (7) Such other information in such form and detail as may be prescribed by the Secretary to carry out the purposes of this part. (f) Deadline for restoration of benefits All benefits required to be restored under this section shall be restored before the end of the 2-year period beginning with the date of the enactment of the Earned Retiree Healthcare Benefits Protection Act of 2013 , subject to any suspension of such period under section 804(g). 804. Exemption from restoration of benefits requirements (a) Application for exemption Any plan sponsor of a group health plan that would sustain substantial business hardship if required to fulfill, in whole or in part, the restoration of benefits requirements contained in section 803, may file an application for an exemption with the Secretary from any or all of such requirements. (b) Authority for waiver or variance In response to an application filed by a plan sponsor pursuant to subsection (a), the Secretary may waive or vary the requirements of section 803 with respect to any or all of such requirements, including postponing for reasonable periods of time the obligation of the plan sponsor to restore reduced benefits, if the Secretary finds that compliance by the plan sponsor with the requirements of section 803 would— (1) be adverse to the interests of plan participants in the aggregate; (2) not be administratively feasible; and (3) cause substantial business hardship to the plan sponsor. (c) Factors taken into account For purposes of this section, the factors to be taken into account in determining substantial business hardship shall include (but shall not be limited to) whether— (1) the plan sponsor is operating at an economic loss; (2) compliance with the restoration of benefits requirements would necessitate substantial future reductions in health benefits provided to participants under the plan or cause a substantial decline in employment with the plan sponsor; and (3) it is reasonable to expect that the plan will be continued only if a waiver or appropriate variance is granted. (d) Requirement of satisfactory evidence (1) In general The Secretary shall, before granting a waiver or variance under this section, require each applicant to provide evidence satisfactory to the Secretary that the applicant has provided timely written notice of the filing of an application for such waiver or variance to each retired participant entitled to submit a claim for the restoration of benefits under the applicant’s plan. (2) Timeliness For purposes of paragraph (1), a written notice shall be considered timely if it is provided not later than 60 days prior to the date the plan sponsor files an application for a waiver or variance under this section. (3) Information required The notice referred to in paragraph (1) shall include information with respect to the specific relief that will be sought by the plan sponsor’s application, the period of time for which relief is sought, and such other relevant information as the Secretary may prescribe. (e) Participation in proceedings by retired plan participants Each retired participant entitled to submit a claim for the restoration of benefits within the meaning of this section shall be provided a reasonable opportunity to submit comments or otherwise participate in any proceeding established by the Secretary to determine whether to grant or deny an application for a waiver or variance filed by the retired participant’s plan sponsor. (f) Exceptions for certain applications In any case in which the plan sponsor of the group health plan also maintains a pension plan which provides pension benefits with respect to any retired participant entitled to submit a claim for the restoration of benefits within the meaning of this section, the Secretary may not grant any application for a waiver or variance purporting to satisfy the requirements of subsection (b) if the requirements of paragraph (1) or (2) of this subsection are met. (1) Failure to transfer excess pension assets The requirements of this paragraph are met if— (A) within the 5-year period preceding the date of the plan sponsor’s application for the waiver or variance, the plan sponsor could have transferred excess assets of such pension plan to a health benefits account in accordance with section 420 of the Internal Revenue Code of 1986 (as in effect on the date of the enactment of the Tax Relief Extension Act of 1999) but did not do so; and (B) such health benefits account forms a part of the group health plan with respect to which the plan sponsor is submitting the application. (2) No ad hoc COLAs provided under well-funded pension plan providing for such COLAs (A) In general The requirements of this paragraph are met if— (i) (I) no employer contributions were made to such pension plan during any of the 5 plan years preceding the date of the application for the waiver or variance; and (II) despite such lack of employer contributions, the minimum funding standard under section 302 of this Act and section 412 of the Internal Revenue Code of 1986 was satisfied with respect to such pension plan for each of such 5 plan years and the average funded ratio of the plan for such 5 plan years was greater than 120 percent; and (ii) (I) the pension plan provided for ad hoc cost-of-living adjustments in benefits throughout such 5 plan years; and (II) no such ad hoc cost-of-living adjustment in benefits was provided under such pension plan during such 5 plan years. (B) Funded ratio For purposes of subparagraph (A)(i)(II), the funded ratio of a pension plan for a plan year is the ratio, expressed as a percentage, of— (i) the assets of the plan as of the end of such plan year; to (ii) the liabilities of the plan as of the end of such plan year. (g) Running of 2-Year deadline period suspended The submission of an application for a waiver or variance pursuant to this section during the 2-year period referred to in section 803(f) shall suspend the running of such period. If determined appropriate by the Secretary, the Secretary may direct that the running of such period be resumed upon the final conclusion of proceedings to determine whether an application should be granted or denied. 805. Establishment of emergency retiree health loan guarantee program (a) Definitions For purposes of this section— (1) Board The term Board means the Emergency Retiree Health Loan Guarantee Board established under subsection (c). (2) Program The term Program means the Emergency Retiree Health Loan Guarantee Program established under subsection (b). (3) Eligible plan sponsor The term eligible plan sponsor means any plan sponsor as defined in section 3(16)(B) that maintains a group health plan subject to the retiree health benefits restoration requirements of section 803. (b) Establishment of emergency retiree health loan guarantee program There is established the Retiree Health Loan Guarantee Program, to be administered by the Board, the purpose of which is to provide loan guarantees to eligible plan sponsors in accordance with this section. (c) Retiree health loan guarantee board membership There is established a Retiree Health Loan Guarantee Board, which shall be composed of— (1) the Secretary of Labor, who shall serve as Chairman of the Board; (2) the Secretary of Commerce; (3) the Secretary of the Treasury; (4) the Secretary of Health and Human Services; and (5) the Chairman of the Council of Economic Advisers. (d) Retiree health loan guarantee program (1) Authority The Program may guarantee loans provided by private banking and investment institutions to eligible plan sponsors for purposes of assisting such plan sponsors to meet their obligations under section 803. Such loan guarantees shall be provided to the extent provided in advance in appropriation Acts pursuant to paragraph (4) and only in accordance with the procedures, rules, and regulations established by the Board. (2) Total guarantee limit The aggregate amount of loans guaranteed and outstanding at any time under this section may not exceed $5,000,000,000. (3) Individual guarantee limit The aggregate amount of loans guaranteed under this section with respect to a single eligible plan sponsor may not exceed $5,000,000. (4) Additional costs For the additional cost of loans guaranteed under this subsection, including the costs of modifying the loans, as defined in section 502 of the Congressional Budget Act of 1974 ( 2 U.S.C. 661a ), there is authorized to be appropriated $200,000,000, to remain available until expended. (e) Requirements for loan guarantees A loan guarantee may be issued under this section upon application to the Board by an eligible plan sponsor pursuant to an agreement to provide a loan to that eligible plan sponsor by a private bank or investment company, if the Board determines that— (1) credit is not otherwise available to that eligible plan sponsor under reasonable terms and conditions sufficient to meet its financing needs with respect to the restoration of retiree health benefits, as reflected in the financial and business plans of that eligible plan sponsor; (2) the prospective earning power of that eligible plan sponsor, together with the character and value of the security pledged, furnish reasonable assurance of repayment of the loan to be guaranteed in accordance with its terms; (3) the loan to be guaranteed bears interest at a rate determined by the Board to be reasonable, taking into account the current average yield on outstanding obligations of the United States with remaining periods of maturity comparable to the maturity of such loan; (4) the loan to be guaranteed will materially assist that eligible plan sponsor to discharge its obligation to comply with the restoration of benefits requirements contained in section 803; and (5) the eligible plan sponsor has agreed to an audit by the Government Accountability Office prior to the issuance of the loan guarantee and annually while any such guaranteed loan is outstanding. (f) Terms and conditions of loan guarantee (1) Loan duration All loans guaranteed under this section shall be payable in full not later than December 31, 2021, and the terms and conditions of each such loan shall provide that the loan may not be amended or any provision thereof waived without the consent of the Board. (2) Loan security Any commitment to issue a loan guarantee under this section shall contain such affirmative and negative covenants and other protective provisions that the Board determines are appropriate. (3) Fees An eligible plan sponsor receiving a guarantee under this section shall pay a fee in an amount equal to 0.5 percent of the outstanding principal balance of the guaranteed loan to the Department of the Treasury. (g) Reports to congress The Secretary of Labor shall submit annually to each House of the Congress a full report of the activities of the Board under this section during 2014 and 2015, and annually thereafter during such period as any loan guaranteed under this section is outstanding. Such report shall be submitted not later than January 31 of each year (beginning in 2014). (h) Salaries and administrative expenses For necessary expenses to administer the Program, there is authorized to be appropriated to the Department of Labor (and to be transferred to the Office of the Assistant Secretary for Pension and Welfare Benefits Administration) $10,000,000, to remain available until expended. (i) Termination of guarantee authority The authority of the Board to make commitments to guarantee any loan under this section shall terminate on December 31, 2019. (j) Regulatory action The Board shall issue such final procedures, rules, and regulations as may be necessary to carry out this section not later than 90 days after the date of enactment of the Earned Retiree Healthcare Benefits Protection Act of 2013 . In no event shall the Board issue a procedure, rule, or regulation which authorizes it to approve or deny any application for a loan guarantee in more than 270 days after receipt of such application. 806. Effect on other claims (a) Other claims unaffected Nothing in this part shall be construed to alter, impair, or eliminate any claim for retiree health benefits based on conduct alleged to violate the terms of a group health plan, any provision of this Act (other than this part), or both, regardless of whether such conduct occurred prior to, on, or after the date of the enactment of the Earned Retiree Healthcare Benefits Protection Act of 2013 . (b) Other causes of action not authorized Nothing contained in this part shall be construed to authorize any action for recovery of retiree health benefits unless the conduct giving rise to the claim for recovery is alleged to violate the provisions of this part. 807. Regulations The Secretary may promulgate such regulations as may be necessary to carry out the provisions of this part. The Secretary may promulgate any interim final rules as the Secretary deems are appropriate to carry out this part. . (b) Civil penalty Section 502(c) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1132(c) ) is amended— (1) by redesignating the second paragraph (10) (relating to consultation between the Secretary of Labor and the Secretary of Health and Human Services) as paragraph (12); and (2) by inserting after the first paragraph (10) the following new paragraph: (11) The Secretary may assess any person a civil penalty of not more than $20,000 with respect to each failure by such person to meet the requirements of section 801, 802, or 803 with respect to each participant or beneficiary aggrieved by such failure. . (c) Conforming amendment The table of contents in section 1 of such Act is amended by inserting after the item relating to section 734 the following new items: Part 8—Emergency retiree health benefit protections Sec. 801. Prohibition against post-retirement reductions of retiree health benefits by group health plans. Sec. 802. Adoption by group health plans of provision barring post-retirement reductions in retiree health benefits. Sec. 803. Restoration by group health plans of benefits reduced after retirement. Sec. 804. Exemption from restoration of benefits requirements. Sec. 805. Establishment of emergency retiree health loan guarantee program. Sec. 806. Effect on other claims. Sec. 807. Regulations. . 4. Effective date The amendments made by this Act shall take effect on the date of the enactment of this Act, except that section 802 of the Employee Retirement Income Security Act of 1974 (as added by section 3 of this Act) shall apply with respect to plan years beginning after 180 days after the date of the enactment of this Act. Compliance with the requirements of part 8 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 with respect to a group health plan shall not be treated as a failure to comply with the terms of such plan.
https://www.govinfo.gov/content/pkg/BILLS-113hr2425ih/xml/BILLS-113hr2425ih.xml
113-hr-2426
I 113th CONGRESS 1st Session H. R. 2426 IN THE HOUSE OF REPRESENTATIVES June 18, 2013 Mr. Tonko (for himself and Mr. Kennedy ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To better integrate engineering education into kindergarten through grade 12 instruction and curriculum and to support research on engineering education. 1. Short title This Act may be cited as the Educating Tomorrow's Engineers Act . I Amendments to the Elementary and Secondary Education Act of 1965 A Engineering standards and assessments 111. Academic standards, academic assessments, and accountability Section 1111(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b) ) is amended— (1) in paragraph (1), by adding at the end the following: (G) Integration of engineering skills and practices into science standards By not later than the 2016–2017 school year, each State plan shall demonstrate that the State has incorporated engineering design skills and practice into the State science challenging academic content standards and student academic achievement standards that are required under this paragraph. ; and (2) in paragraph (3)(C)(v)(II), by inserting (including, beginning not later than the 2016–2017 school year, engineering design skills and practices) after science . 112. Grants for State assessments and related activities Section 6111(1) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7301(1) ) is amended by inserting , including the integration of engineering concepts into science assessments, before and standards . B Professional development and instructional materials 121. Teacher and principal training and recruiting fund Section 2113 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6613 ) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking 95 and inserting 85 ; (B) in paragraph (2), by striking and after the semicolon; (C) by redesignating paragraph (3) as paragraph (4); and (D) by inserting after paragraph (2) the following: (3) reserve 10 percent of the funds made available through the grant to make subgrants in accordance with subsection (e); and ; (2) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and (3) by inserting after subsection (d) the following: (e) STEM professional development and instructional materials grants A State educational agency that receives a grant under this part shall use the funds described in subsection (a)(3) to award grants, on a competitive basis, to nonprofit organizations, and other entities, with expertise and a demonstrated record of success in STEM fields to enable such organizations and entities to develop and provide professional development and instructional materials for STEM in the State. . 122. STEM partnerships Part B of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6661 et seq.) is amended— (1) in the part heading, by striking Mathematics and science partnerships and inserting Stem partnerships ; (2) in section 2201— (A) by striking mathematics and science each place the term appears and inserting STEM ; and (B) in subsection (a)(4), by striking engineering, mathematics, and science and inserting STEM ; (3) in section 2202— (A) in the section heading, by striking Mathematics and science and inserting STEM ; (B) in subsection (b)(2)— (i) in subparagraph (A), by striking mathematics and science and inserting STEM ; (ii) in subparagraph (B), by striking student academic achievement in mathematics and science and inserting student academic achievement in STEM ; and (iii) in subparagraph (C), by striking mathematics and science and inserting STEM ; and (C) in subsection (c)— (i) in each of paragraphs (1) and (2), by striking mathematics and science and inserting STEM ; (ii) in paragraph (3), in the matter preceding subparagraph (A), by striking mathematics and science each place the term appears and inserting STEM ; (iii) in paragraph (4)— (I) in the matter preceding subparagraph (A), by striking mathematics, engineering, and science majors and inserting individuals with a baccalaureate degree in a STEM field ; (II) in each of subparagraphs (A) and (C), by striking mathematics, engineering, or science each place the term appears and inserting a STEM field ; (III) in subparagraph (B), by striking mathematics and science and inserting STEM ; and (IV) in subparagraph (D), by striking mathematics, engineering, or science backgrounds and inserting backgrounds in STEM fields ; (iv) in paragraph (5), by striking mathematics and science curricula each place the term appears and inserting STEM curricula ; (v) in paragraph (6), by striking mathematics and science and inserting STEM ; (vi) in paragraph (7), by striking mathematics or science each place the term appears and inserting STEM ; (vii) in paragraph (8)— (I) by striking mathematics and science and inserting STEM ; (II) by striking and engineers and inserting engineers, and other professionals in STEM fields ; and (III) by striking science and mathematics and inserting STEM ; (viii) in paragraph (9), by striking mathematics and science and inserting STEM ; and (ix) in paragraph (10)— (I) by striking mathematics and science teachers and inserting STEM teachers ; and (II) by striking mathematics and science careers (including engineering and technology) and inserting careers in STEM fields ; (D) in subsection (d)(2), by striking mathematics and science teaching and inserting STEM teaching ; and (E) in subsection (e)(2)— (i) in subparagraph (A), by striking mathematics and science and inserting STEM ; (ii) in subparagraph (B), by inserting and a strategy for integrating engineering into the science assessments in accordance with section 1111(b)(3) before the semicolon at the end; and (iii) in subparagraph (C)— (I) in clause (i), by striking mathematics and science and inserting STEM ; (II) in clause (ii), by striking in mathematics, engineering, or the sciences and inserting in a STEM field ; and (III) in clause (iii)— (aa) by striking mathematics and science and inserting STEM subjects ; and (bb) by striking mathematics, engineering, and science and inserting a STEM field . C After school programs 131. 21st century learning centers Section 4205(a)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7175(a)(2)) is amended by striking mathematics and science and inserting STEM . D Rural education 141. Rural and low-income school program Section 6222(a)(2) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6351a(a)(2) ) is amended by inserting and professional development in the area of engineering education before the period at the end. E General provisions 151. Definitions Section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ) is amended— (1) by redesignating paragraphs (37) through (43) as paragraphs (38) through (44), respectively; and (2) by inserting after paragraph (37) the following: (38) STEM The term STEM means— (A) science, technology, engineering, and mathematics; and (B) other academic subjects that build on the subjects described in subparagraph (A), such as computer science. . II Amendments to the Education Science Reform Act of 2002 201. National center for education research The Education Sciences Reform Act of 2002 ( 20 U.S.C. 9501 et seq. ) is amended— (1) in section 131(b)(1)(C) (20 U.S.C. 9531(b)(1)(C)), by striking mathematics, science, and inserting STEM (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )), ; and (2) in section 133(a)(11) (20 U.S.C. 9533(a)(11)) by striking mathematics and science and inserting STEM (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) . 202. Research on engineering education (a) In general The Secretary of Education, acting through the Director of the Institute of Education Sciences, shall support, directly or through grants or contracts, research on engineering education, including studies and evaluations that— (1) identify and assess how science inquiry and mathematical reasoning can be connected to engineering design in kindergarten through grade 12 curricula and teacher professional development; (2) identify best practices and promising innovations in the field of kindergarten through grade 12 engineering education; and (3) include any other information or assessments the Secretary of Education may require. (b) Dissemination The Secretary of Education shall, based on the results of the research described in subsection (a), disseminate information and analysis to the public, and provide technical assistance to State educational agencies, on best practices and promising innovations in the field of kindergarten through grade 12 engineering education. (c) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2014 through 2018.
https://www.govinfo.gov/content/pkg/BILLS-113hr2426ih/xml/BILLS-113hr2426ih.xml
113-hr-2427
V 113th CONGRESS 1st Session H. R. 2427 IN THE HOUSE OF REPRESENTATIVES June 18, 2013 Mr. Stewart introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide for the relief of Lori L. Rogers. 1. Payment required Out of any money in the Treasury not otherwise appropriated, the Secretary of the Treasury shall pay to Lori L. Rogers of West Jordan, Utah, $1,132.32 as reimbursement for the evacuation travel and transportation expenses incurred by Lori L. Rogers in good faith reliance on erroneous information contained in verbal and written orders to evacuate from Egypt that the United States would pay such expenses incident to her evacuation.
https://www.govinfo.gov/content/pkg/BILLS-113hr2427ih/xml/BILLS-113hr2427ih.xml
113-hr-2428
I 113th CONGRESS 1st Session H. R. 2428 IN THE HOUSE OF REPRESENTATIVES June 19, 2013 Mr. Rahall (for himself, Mr. Larsen of Washington , Mr. DeFazio , Ms. Norton , Mr. Nadler , Ms. Brown of Florida , Ms. Eddie Bernice Johnson of Texas , Mr. Cummings , Mr. Capuano , Mr. Bishop of New York , Mr. Michaud , Mrs. Napolitano , Mr. Lipinski , Mr. Walz , Mr. Cohen , Mr. Sires , Ms. Edwards , Mr. Garamendi , Mr. Carson of Indiana , Ms. Hahn , Mr. Nolan , Mrs. Kirkpatrick , Ms. Esty , Ms. Frankel of Florida , and Mrs. Bustos ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To direct the Secretary of Transportation to assist States to rehabilitate or replace certain bridges, and for other purposes. 1. Short title This Act may be cited as the Strengthen And Fortify Existing Bridges Act of 2013 or the SAFE Bridges Act of 2013 . 2. Assistance to States to rehabilitate or replace certain bridges (a) Establishment Not later than 30 days after the date of enactment of this Act, the Secretary of Transportation shall establish a program to assist States to rehabilitate or replace eligible bridges. (b) Apportionment of funds (1) In general Amounts made available to carry out the program established under subsection (a) for a fiscal year shall be apportioned to each State according to the ratio that— (A) the total cost to rehabilitate or replace structurally deficient and functionally obsolete bridges in that State; bears to (B) the total cost to rehabilitate or replace structurally deficient and functionally obsolete bridges in all States. (2) Calculation of total cost (A) Categories of bridges The Secretary shall place each structurally deficient or functionally obsolete bridge into one of the following categories: (i) Federal-aid highway bridges eligible for rehabilitation. (ii) Federal-aid highway bridges eligible for replacement. (iii) Bridges not on Federal-aid highways eligible for rehabilitation. (iv) Bridges not on Federal-aid highways eligible for replacement. (B) Calculation For purposes of the calculation required under paragraph (1), the Secretary shall multiply the deck area of structurally deficient and functionally obsolete bridges in each category described in subparagraph (A) by the respective unit price on a State-by-State basis, as determined by the Secretary, to determine the total cost to rehabilitate or replace bridges in each State. (C) Data used in making determinations The Secretary shall make determinations under this subsection based on the latest available data, which shall be updated not less than annually. (D) Use of existing inventories To the extent practicable, the Secretary shall make determinations under this subsection using inventories prepared under section 144 of title 23, United States Code. (c) Use of funds Funds apportioned to a State under the program established under subsection (a) shall— (1) be used by that State for the rehabilitation and replacement of eligible bridges; (2) except as otherwise specified in this section, be administered as if apportioned under chapter 1 of title 23, United States Code, except that such funds shall not be transferable; (3) be subject to the requirements described in section 1101(b) of MAP–21 in the same manner as amounts made available for programs under divisions A and B of that Act; and (4) not be subject to any limitation on obligations for Federal-aid highways or highway safety construction programs set forth in any Act. (d) Condition at project completion A bridge that is rehabilitated or replaced under the program established under subsection (a) may not be structurally deficient, functionally obsolete, or fracture critical upon the completion of such rehabilitation or replacement. (e) Federal share The Federal share of the cost of a project carried out with funds apportioned to a State under the program established under subsection (a) shall be 100 percent. (f) Reapportionment of unobligated funds Any funds apportioned to a State under the program established under subsection (a) and not obligated by that State at the end of the third fiscal year beginning after the fiscal year during which the funds were apportioned shall be withdrawn from that State and reapportioned by the Secretary to States that have not had funds withdrawn under this subsection in accordance with the formula specified in subsection (b). (g) Nonsubstitution In carrying out the program established under subsection (a), the Secretary shall ensure that funding made available to a State under the program supplements, and does not supplant— (1) other Federal funding made available for the rehabilitation or replacement of eligible bridges; and (2) the planned obligations of that State with respect to eligible bridges. (h) Report Not later than 1 year after the date of enactment of this Act, and each year thereafter if States obligated funds apportioned under the program established under subsection (a) during that year, 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 report that describes the amounts obligated by each State for projects under such program. (i) Definitions In this section, the following definitions apply: (1) Bridge The term bridge means a bridge on a public road, without regard to whether the bridge is on a Federal-aid highway. (2) Eligible bridge The term eligible bridge means a bridge that is structurally deficient, functionally obsolete, or fracture critical. (3) Federal-aid highway The term Federal-aid highway has the meaning given that term in section 101(a) of title 23, United States Code. (4) Fracture critical The term fracture critical means, with respect to a bridge, a bridge with a steel member in tension, or with a tension element, the failure of which would likely cause a portion of the bridge or the entire bridge to collapse. (5) Functionally obsolete The term functionally obsolete means, with respect to a bridge, a bridge that, as determined by the Secretary, no longer meets current design standards for the traffic demands on the bridge. (6) Public road The term public road has the meaning given that term in section 101(a) of title 23, United States Code. (7) Rehabilitation The term rehabilitation means, with respect to a bridge, the carrying out of major work necessary, as determined by the Secretary— (A) to restore the structural integrity of the bridge; or (B) to correct a major safety defect of the bridge. (8) Replacement The term replacement means, with respect to a bridge, the construction of a new facility that, as determined by the Secretary, is in the same general traffic corridor as the replaced bridge. (9) State The term State means any of the 50 States and the District of Columbia. (10) Structurally deficient The term structurally deficient means, with respect to a bridge, a bridge that, as determined by the Secretary— (A) has significant load-carrying elements that are in poor or worse condition due to deterioration, damage, or both; (B) has a load capacity that is significantly below current truckloads and that requires replacement; or (C) has a waterway opening causing frequent flooding of the bridge deck and approaches resulting in significant traffic interruptions. (j) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $2,750,000,000 for each of fiscal years 2013 and 2014. Such sums shall remain available until expended.
https://www.govinfo.gov/content/pkg/BILLS-113hr2428ih/xml/BILLS-113hr2428ih.xml
113-hr-2429
I 113th CONGRESS 1st Session H. R. 2429 IN THE HOUSE OF REPRESENTATIVES June 19, 2013 Mr. Brady of Texas (for himself, Mr. McIntyre , Mrs. Noem , Mr. Nunes , Mr. Sam Johnson of Texas , Mr. Marchant , Mr. Gerlach , Mr. Griffin of Arkansas , Mr. Austin Scott of Georgia , Mr. Duncan of Tennessee , Mr. McKinley , Mr. Johnson of Ohio , Mr. Walberg , and Mr. Aderholt ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to repeal the estate and generation-skipping transfer taxes, and for other purposes. 1. Short title This Act may be cited as the Death Tax Repeal Act of 2013 . 2. Repeal of estate and generation-skipping transfer taxes (a) Estate tax repeal Subchapter C of chapter 11 of subtitle B of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 2210. Termination (a) In general Except as provided in subsection (b), this chapter shall not apply to the estates of decedents dying on or after the date of the enactment of the Death Tax Repeal Act of 2013 . (b) Certain Distributions From Qualified Domestic Trusts In applying section 2056A with respect to the surviving spouse of a decedent dying before the date of the enactment of the Death Tax Repeal Act of 2013 — (1) section 2056A(b)(1)(A) shall not apply to distributions made after the 10-year period beginning on such date, and (2) section 2056A(b)(1)(B) shall not apply on or after such date. . (b) Generation-Skipping transfer tax repeal Subchapter G of chapter 13 of subtitle B of such Code is amended by adding at the end the following new section: 2664. Termination This chapter shall not apply to generation-skipping transfers on or after the date of the enactment of the Death Tax Repeal Act of 2013 . . (c) Conforming Amendments (1) The table of sections for subchapter C of chapter 11 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 2210. Termination. . (2) The table of sections for subchapter G of chapter 13 of such Code is amended by adding at the end the following new item: Sec. 2664. Termination. . (d) Effective Date The amendments made by this section shall apply to the estates of decedents dying, and generation-skipping transfers, after the date of the enactment of this Act. 3. Modifications of gift tax (a) Computation of gift tax Subsection (a) of section 2502 of the Internal Revenue Code of 1986 is amended to read as follows: (a) Computation of tax (1) In general The tax imposed by section 2501 for each calendar year shall be an amount equal to the excess of— (A) a tentative tax, computed under paragraph (2), on the aggregate sum of the taxable gifts for such calendar year and for each of the preceding calendar periods, over (B) a tentative tax, computed under paragraph (2), on the aggregate sum of the taxable gifts for each of the preceding calendar periods. (2) Rate schedule If the amount with respect to which the tentative tax to be computed is: The tentative tax is: Not over $10,000 18% of such amount. Over $10,000 but not over $20,000 $1,800, plus 20% of the excess over $10,000. Over $20,000 but not over $40,000 $3,800, plus 22% of the excess over $20,000. Over $40,000 but not over $60,000 $8,200, plus 24% of the excess over $40,000. Over $60,000 but not over $80,000 $13,000, plus 26% of the excess over $60,000. Over $80,000 but not over $100,000 $18,200, plus 28% of the excess over $80,000. Over $100,000 but not over $150,000 $23,800, plus 30% of the excess over $100,000. Over $150,000 but not over $250,000 $38,800, plus 32% of the excess of $150,000. Over $250,000 but not over $500,000 $70,800, plus 34% of the excess over $250,000. Over $500,000 $155,800, plus 35% of the excess of $500,000. . (b) Treatment of Certain Transfers in Trust Section 2511 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (c) Treatment of Certain Transfers in Trust Notwithstanding any other provision of this section and except as provided in regulations, a transfer in trust shall be treated as a taxable gift under section 2503, unless the trust is treated as wholly owned by the donor or the donor’s spouse under subpart E of part I of subchapter J of chapter 1. . (c) Lifetime gift exemption (1) In general Paragraph (1) of section 2505(a) of the Internal Revenue Code of 1986 is amended to read as follows: (1) the amount of the tentative tax which would be determined under the rate schedule set forth in section 2502(a)(2) if the amount with respect to which such tentative tax is to be computed were $5,000,000, reduced by . (2) Inflation adjustment Section 2505 of such Code is amended by adding at the end the following new subsection: (d) Inflation adjustment (1) In general In the case of any calendar year after 2011, the dollar amount in subsection (a)(1) 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 such calendar year by substituting calendar year 2010 for calendar year 1992 in subparagraph (B) thereof. (2) Rounding If any amount as adjusted under paragraph (1) is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000. . (d) Conforming amendments (1) Section 2505(a) of such Code is amended by striking the last sentence. (2) The heading for section 2505 of such Code is amended by striking Unified . (3) The item in the table of sections for subchapter A of chapter 12 of such Code relating to section 2505 is amended to read as follows: Sec. 2505. Credit against gift tax. . (e) Effective date The amendments made by this section shall apply to gifts made on or after the date of the enactment of this Act. (f) Transition rule (1) In general For purposes of applying sections 1015(d), 2502, and 2505 of the Internal Revenue Code of 1986, the calendar year in which this Act is enacted shall be treated as 2 separate calendar years one of which ends on the day before the date of the enactment of this Act and the other of which begins on such date of enactment. (2) Application of section 2504(b) For purposes of applying section 2504(b) of the Internal Revenue Code of 1986, the calendar year in which this Act is enacted shall be treated as one preceding calendar period.
https://www.govinfo.gov/content/pkg/BILLS-113hr2429ih/xml/BILLS-113hr2429ih.xml
113-hr-2430
I 113th CONGRESS 1st Session H. R. 2430 IN THE HOUSE OF REPRESENTATIVES June 19, 2013 Mr. Pascrell (for himself, Mr. Andrews , Mr. Frelinghuysen , Mr. Garrett , Mr. Holt , Mr. Lance , Mr. LoBiondo , Mr. Pallone , Mr. Payne , Mr. Runyan , Mr. Sires , and Mr. Smith of New Jersey ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To adjust the boundaries of Paterson Great Falls National Historical Park to include Hinchliffe Stadium, and for other purposes. 1. Short title This Act may be cited as the Hinchliffe Stadium Heritage Act of 2013 . 2. Paterson Great Falls National Historical Park boundary adjustment Section 7001 of the Omnibus Public Land Management Act of 2009 ( 16 U.S.C. 410lll ) is amended as follows: (1) In subsection (b)(3)— (A) by striking The Park shall and inserting (A) The Park shall ; (B) by redesignating subparagraphs (A) through (G) as clauses (i) through (vii), respectively; and (C) by adding at the end the following: (B) In addition to the lands described in subparagraph (A), the Park shall include the approximately 6 acres of land containing Hinchliffe Stadium and generally depicted as the Boundary Modification Area on the map entitled Paterson Great Falls National Historical Park , numbered T03/120,155, and dated March 2013, which shall be administered as part of the Park in accordance with subsection (c)(1). . (2) In subsection (b)(4), by striking The Map and inserting The Map and the map referred to in paragraph (3)(B) .
https://www.govinfo.gov/content/pkg/BILLS-113hr2430ih/xml/BILLS-113hr2430ih.xml
113-hr-2431
I 113th CONGRESS 1st Session H. R. 2431 IN THE HOUSE OF REPRESENTATIVES June 19, 2013 Mr. Hall (for himself, Mr. Smith of Texas , and Mr. Ben Ray Luján of New Mexico ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To reauthorize the National Integrated Drought Information System. 1. Short title This Act may be cited as the National Integrated Drought Information System Reauthorization Act of 2013 . 2. NIDIS program amendments Section 3 of the National Integrated Drought Information System Act of 2006 ( 15 U.S.C. 313d ) is amended— (1) in subsection (a), by inserting before the period at the end the following: to better inform and provide for more timely decisionmaking to reduce drought related impacts and costs ; (2) by striking subsection (b) and inserting the following: (b) System functions The National Integrated Drought Information System shall— (1) provide an effective drought early warning system that— (A) collects and integrates information on the key indicators of drought and drought impacts in order to make usable, reliable, and timely forecasts of drought, including assessments of the severity of drought conditions and impacts; and (B) provides such information, forecasts, and assessments on both national and regional levels; (2) communicate drought forecasts, drought conditions, and drought impacts on an ongoing basis to public and private entities engaged in drought planning and preparedness, including— (A) decisionmakers at the Federal, regional, State, tribal, and local levels of government; (B) the private sector; and (C) the public; (3) provide timely data, information, and products that reflect local, regional, and State differences in drought conditions; (4) coordinate, and integrate as practicable, Federal research and monitoring in support of a drought early warning system; (5) build upon existing forecasting and assessment programs and partnerships, including through the designation of one or more cooperative institutes to assist with National Integrated Drought Information System functions; and (6) continue ongoing research and monitoring activities related to drought. ; and (3) by adding at the end the following: (e) Report (1) In general Not later than 18 months after the date of enactment of the National Integrated Drought Information System Reauthorization Act of 2013 , the Under Secretary shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that contains— (A) an analysis of the implementation of the National Integrated Drought Information System program, including how the information, forecasts, and assessments are utilized in drought policy planning and response activities; (B) specific plans for continued development of such program, including future milestones; and (C) an identification of research, monitoring, and forecasting needs to enhance the predictive capability of drought early warnings that include— (i) the length and severity of droughts; (ii) the contribution of weather events to reducing the severity or ending drought conditions; and (iii) regionally specific drought impacts. (2) Consultation In developing the report under paragraph (1), the Under Secretary shall consult with relevant Federal, regional, State, tribal, and local government agencies, research institutions, and the private sector. . 3. Authorization of appropriations Section 4 of such Act is amended to read as follows: 4. Authorization of appropriations There are authorized to be appropriated to carry out this Act $13,500,000 for each of fiscal years 2014 through 2018. .
https://www.govinfo.gov/content/pkg/BILLS-113hr2431ih/xml/BILLS-113hr2431ih.xml
113-hr-2432
I 113th CONGRESS 1st Session H. R. 2432 IN THE HOUSE OF REPRESENTATIVES June 19, 2013 Mr. Nolan introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To prohibit the obligation or expenditure of funds made available to any Federal department or agency for any fiscal year to provide military assistance to any of the armed combatants in Syria absent express prior statutory authorization from Congress. 1. Prohibition on obligation and expenditure of funds to provide military assistance to any of the armed combatants in Syria None of the funds made available to any Federal department or agency for any fiscal year may be obligated or expended to provide military assistance to any of the armed combatants in Syria absent express prior statutory authorization from Congress.
https://www.govinfo.gov/content/pkg/BILLS-113hr2432ih/xml/BILLS-113hr2432ih.xml
113-hr-2433
I 113th CONGRESS 1st Session H. R. 2433 IN THE HOUSE OF REPRESENTATIVES June 19, 2013 Ms. DeGette (for herself and Mr. Dent ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to provide for human stem cell research, including human embryonic stem cell research, and for other purposes. 1. Short title This Act may be cited as the Stem Cell Research Advancement Act of 2013 . 2. Findings The Congress finds as follows: (1) On March 9, 2009, President Barack Obama issued Executive Order 13505, entitled Removing Barriers to Responsible Scientific Research Involving Human Stem Cells . (2) On July 7, 2009, the National Institutes of Health issued guidelines on human stem cell research. (3) The scientific field of stem cell research is continually advancing. 3. Human stem cell research Part H of title IV of the Public Health Service Act (42 U.S.C. 289 et seq.) is amended by inserting after section 498D the following: 498E. Human stem cell research (a) In general Notwithstanding any other provision of law, the Secretary shall conduct and support research that utilizes human stem cells, including human embryonic stem cells. (b) Eligibility To be eligible for use in research under subsection (a), human embryonic stem cells must have been derived from cells from human embryos that— (1) were created using in vitro fertilization for reproductive purposes and are no longer needed for those purposes; and (2) were donated by the individuals who sought reproductive treatment with written and voluntary informed consent for the embryos to be used for research purposes and without receiving any financial or other inducements to make the donation. 498F. Guidelines The Secretary, in consultation with the Director of NIH, shall— (1) maintain guidelines applicable to the conduct or support of human stem cell research by the Department of Health and Human Services; (2) review such guidelines not less than every 3 years; and (3) update such guidelines as scientifically warranted. 498G. Prohibition against funding for human cloning (a) Prohibition The Secretary shall not use any funds for the conduct or support of human cloning. (b) Guidelines The Secretary shall update the guidelines maintained under section 498F for consistency with subsection (a). (c) Definitions In this section, the term human cloning means the implantation of the product of transferring the nuclear material of a human somatic cell into an egg cell from which the nuclear material has been removed or rendered inert into a uterus or the functional equivalent of a uterus. . 4. Reporting requirements Section 403(a)(5) of the Public Health Service Act ( 42 U.S.C. 283(a)(5) ) is amended— (1) by redesignating subparagraph (L) as (M); and (2) by inserting after subparagraph (K) the following: (L) Human stem cells. .
https://www.govinfo.gov/content/pkg/BILLS-113hr2433ih/xml/BILLS-113hr2433ih.xml
113-hr-2434
I 113th CONGRESS 1st Session H. R. 2434 IN THE HOUSE OF REPRESENTATIVES June 19, 2013 Ms. Jackson Lee (for herself, Mr. Stockman , Mr. Lewis , Mr. Johnson of Georgia , Ms. Lee of California , Mr. Danny K. Davis of Illinois , Mr. Cummings , Mr. McGovern , Mr. Castro of Texas , Ms. Bass , Mr. Jeffries , Ms. Fudge , and Mr. Cicilline ) introduced the following bill; which was referred to the Select Committee on Intelligence (Permanent Select) A BILL To require the Director of National Intelligence to conduct a study on the use of contractors for intelligence activities, and for other purposes. 1. Short title This Act may be cited as the Civilian Contractors Engaged in Intelligence Activities Reduction Act of 2013 . 2. Director of National Intelligence study on the use of contractors in the conduct of intelligence activities (a) Study The Director of National Intelligence shall conduct a study to ascertain the extent to which contractors are used in the conduct of intelligence activities and the type of information to which such contractors are exposed or have access. (b) Report Not later than December 31, 2013, the Director of Intelligence shall submit to Congress a report containing— (1) the results of the study conducted under subsection (a); and (2) a plan for reducing by 25 percent the number of contractors to the intelligence community with top secret security clearances that are engaged in intelligence activities (including intelligence analysis). (c) Reduction of contractors Not later than December 31, 2014, the Director of National Intelligence shall reduce the number of contractors to the intelligence community with top secret security clearances that are engaged in intelligence activities (including intelligence analysis) as of the date of the enactment of this Act by 25 percent. (d) Intelligence community defined In this section, the term intelligence community has the meaning given the term in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) ).
https://www.govinfo.gov/content/pkg/BILLS-113hr2434ih/xml/BILLS-113hr2434ih.xml
113-hr-2435
I 113th CONGRESS 1st Session H. R. 2435 IN THE HOUSE OF REPRESENTATIVES June 19, 2013 Mr. Capuano introduced the following bill; which was referred to the Committee on Financial Services A BILL To provide for the repayment of amounts borrowed by Fannie Mae and Freddie Mac from the Treasury of the United States, together with interest, over a 30-year period, and for other purposes. 1. Short title This Act may be cited as the Let the GSEs Pay Us Back Act of 2013 . 2. Repayment of Treasury borrowing The Secretary of the Treasury and each enterprise (acting through the conservator for the enterprise appointed pursuant to section 1367 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4617 )) shall enter into an agreement with that modifies the Preferred Stock Purchase Agreement for such enterprise to provide as follows: (1) Termination of dividends That after such modification, any Senior Preferred Stock purchased under such Agreement by the Department of the Treasury shall not accrue further dividends. (2) Treatment of enterprise draws on Treasury That any amounts received, before or after such modification, during a single year by the enterprise as a draw on the commitment made by the Department of the Treasury under such an Agreement, shall be treated as a loan made by the Treasury to the enterprise that— (A) was originated on the date of the last such draw during such year; (B) has an original principal obligation in an amount equal to the aggregate amount of such draws; (C) has a term to maturity of 30 years; (D) has an annual interest rate of 5 percent for the entire term of the loan; (E) has terms that provide for full amortization of the loan over such term to maturity; and (F) shall be repaid by the enterprise in accordance with the amortization schedule established for the loan pursuant to subparagraph (E) of this paragraph, subject to paragraph (3). (3) Treatment of dividends paid That any dividends paid by the enterprise to the Department of the Treasury under the Senior Preferred Stock Agreement before such modification of such Agreement shall be treated as payments of principal and interest due under the loan referred to in paragraph (2), and shall be credited against payments due under the terms of such loan (in accordance with the amortization schedule established for such loan pursuant to paragraph (2)(E)), first to such loan have the earliest origination date that has not yet been fully repaid until such loan is repaid, and then to the next such loan having the next earliest origination date until such loan is repaid. 3. Definitions For purposes of this Act, the following definitions shall apply: (1) Enterprise The term enterprise has the meaning given such term in section 1303 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4502 ). (2) Preferred stock purchase agreement The term Preferred Stock Purchase Agreement means, with respect to an enterprise, the Amended and Restated Senior Preferred Stock Purchase Agreements, dated September 26, 2008, amended May 6, 2009, further amended December 24, 2009, and further amended December 24, 2009 (as such agreements may be further amended), between the United States Department of the Treasury and such enterprise.
https://www.govinfo.gov/content/pkg/BILLS-113hr2435ih/xml/BILLS-113hr2435ih.xml
113-hr-2436
I 113th CONGRESS 1st Session H. R. 2436 IN THE HOUSE OF REPRESENTATIVES June 19, 2013 Ms. Chu (for herself, Ms. Linda T. Sánchez of California , Mrs. Napolitano , Mr. Schiff , Mr. Cárdenas , Mr. Lowenthal , Ms. Roybal-Allard , and Ms. Hahn ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To prepare a feasibility study and implement demonstration projects to restore the San Gabriel River Watershed in California. 1. Short title This Act may be cited as the San Gabriel Watershed Restoration Act . 2. San Gabriel River Watershed Restoration, California (a) In general The Chief of the Army Corps of Engineers, in coordination with the County of Los Angeles, shall— (1) prepare a feasibility study for environmental ecosystem restoration, flood control, water quality control, water supply storage, outdoor recreation enhancements, and other aspects of the San Gabriel River Watershed revitalization that is consistent with the goals of the San Gabriel River master plan published by the County of Los Angeles; and (2) identify demonstration projects for construction and restoration of the San Gabriel River Watershed. (b) Demonstration projects (1) In general The Chief of the Army Corps of Engineers is authorized to construct demonstration projects in order to provide information to develop the study under subsection (a)(1). (2) Federal share The Federal share of the cost of any project under this subsection shall be not more than 65 percent. (3) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $50,000,000.
https://www.govinfo.gov/content/pkg/BILLS-113hr2436ih/xml/BILLS-113hr2436ih.xml
113-hr-2437
I 113th CONGRESS 1st Session H. R. 2437 IN THE HOUSE OF REPRESENTATIVES June 19, 2013 Mr. Fattah introduced the following bill; which was referred to the Committee on Financial Services A BILL To authorize the Secretary of Housing and Urban Development to establish a national program to create jobs and increase economic development by promoting cooperative development. 1. Short title This Act may be cited as the Creating Jobs Through Cooperatives Act . 2. Findings and purpose (a) Findings The Congress finds the following: (1) That Federal policy can promote cooperative development, which demonstrably has the following benefits for communities located in such areas: (A) Advancing local economic stability. (B) Increasing local circulation of capital, thereby increasing economic multipliers and the impact of community investment to spur locally oriented economic growth. (C) Developing, attracting, and anchoring new productive capital in low-income communities. (D) Expanding investment opportunities and asset creation for low- and moderate-income Americans. (2) Cooperatives operate in all 50 States and across all sectors of the United States economy, including industries such as energy, telecommunications, food distribution, insurance, credit unions, agriculture, health, housing, and wholesale and retail purchasing and distribution (3) There are 29,000 cooperatives in the United States that account for more than $3 trillion in assets, over $500 billion in total revenue, $25 billion in wages and benefits, and nearly two million jobs (b) Purpose The purpose of this Act is to establish a Federal program that will create jobs and increase economic development by promoting cooperative development. 3. Definitions In this Act: (1) Cooperative development The term cooperative development means technical assistance provided for the purpose of— (A) providing financial forecasting, feasibility analysis, business planning, and other preparatory activity to ensure that a cooperative organization, or organizations that are in the process of establishing such an organization, are grounded in sound business practices; (B) assisting with establishing incorporation documents, bylaws, and policies that ensure that cooperative organizations— (i) adhere to legal obligations of a local or State government or the Federal Government; and (ii) are governed by transparent and agreed-upon rules; (C) educating, with respect to how cooperative organizations function— (i) board members, management, and employees of cooperative organizations; (ii) local communities affected by such organizations and the general public; and (iii) professionals involved in cooperative development; (D) providing organizational planning for cooperative organizations, including board meetings and board development, and strategic planning; (E) hosting networking activities and conferences involving cooperative organizations, entities that work with such organizations, and professional organizations that engage in cooperative development; (F) providing professional development of professionals involved in cooperative development by offering training focused on cooperative development; and (G) providing administrative and operational set-up of cooperative organizations. (2) Cooperative organization The term cooperative organization means an autonomous association of persons united voluntarily to meet their common economic, social, and cultural needs and aspirations through a jointly-owned and democratically-controlled enterprise. (3) Eligible project area (A) In general The term eligible project area means an area located within— (i) a census tract that is defined as low- or moderate-income by the Bureau of the Census of the Department of Commerce; (ii) a population census tract that is treated as a low-income community under section 45D(e) of the Internal Revenue Code of 1986; or (iii) subject to subparagraph (B), an area that— (I) is adjacent or close to an area that meets the requirements of either clause (i) or (ii); and (II) is given special approval by the Secretary to be classified as an eligible project area. (B) Limitation The Secretary shall limit the number of projects funded under this Act that are located in an area described in subparagraph (A)(iii). (4) Local cooperative development center The term local cooperative development center means a nonprofit organization, college, or university, or a group of such organizations, colleges, or universities, with expertise in establishing and developing cooperative organizations. (5) Program The term program means the National Cooperative Development Program established under section 4. (6) Secretary The term Secretary means the Secretary of Housing and Urban Development, or the Secretary’s designee. 4. National Cooperative Development Program (a) Establishment The Secretary of Housing and Urban Development shall establish a program to be known as the National Cooperative Development Program to carry out the purpose described in section 2(b). (b) Assistance for cooperative development (1) Uses The Secretary shall use amounts made available for the program for— (A) providing grants to local cooperative development centers, to carry out activities that promote cooperative development, that are selected for such grants under paragraph (3)(B); (B) partnering with one or more financial institutions to— (i) establish a revolving loan program that will provide loans to cooperative organizations to undertake cooperative development; and (ii) develop other loan programs and financial products that can be accessed by cooperative organizations; and (C) carrying out any other activities that the Secretary deems necessary to the furtherance of the purposes of this Act. (2) Allocation of amounts The Secretary shall allocate not less than 50 percent of the amounts made available for the program for grants under paragraph (1)(A) to local cooperative development centers. (3) Grants to local cooperative development centers (A) Grants The Secretary may make grants, pursuant to paragraph (1)(A)(i), to local development centers selected under this paragraph, and shall enter into grant agreements with such centers selected and provide grants in accordance with such agreements. Each grant agreement for a local development center shall provide for a grant for at least one fiscal year and may provide for grants for a period not to exceed 3 fiscal years. (B) Selection The Secretary shall select, through a competitive process, local cooperative development centers to receive grants pursuant to paragraph (1)(A)(i). (C) Criteria for selection In selecting local cooperative development centers to receive such grants, the Secretary shall take into consideration the following: (i) The technical capacity of the center to carry out eligible projects. (ii) The ability of the center to deliver technical assistance. (iii) The capacity and commitment of the center to offering cooperative development. (iv) Whether the center can provide matching funding of at least 15 percent of grant amounts provided under the program to the center. (v) The record of the center in developing successful cooperative organizations. (vi) The ability of the center to have a positive economic impact on an area through job creation or retention, affordable housing creation, or wealth creation. (vii) Such other considerations as the Secretary may consider appropriate. (4) Failure to meet performance targets If the Secretary determines that an entity awarded funds under the program has not met the performance targets established pursuant to subsection (e), is not making reasonable progress toward meeting such measures, or is otherwise in violation of a grant agreement entered into pursuant to paragraph (3)(C) of this subsection, the Secretary may— (A) withhold financial assistance under this Act until the performance measures are met; or (B) in the case of a grant made pursuant to paragraph (1)(A), terminate the grant agreement. (c) Other activities Under the program, the Secretary shall— (1) develop and provide technical assistance, educational, and other materials to assist local cooperative development centers that are receiving funds under the program to develop cooperative organizations; (2) monitor and evaluate the performance of such local centers; (3) provide guidance, information on best practices, and technical assistance to communities seeking to establish cooperative organizations; (4) establish the eligibility criteria for projects to be carried out using assistance provided under this Act; and (5) develop program and reporting guidelines. (d) Performance targets The Secretary shall establish performance targets for the program, which shall include, at a minimum, a requirement that a significant percentage of projects funded under the program shall involve cooperative organizations that are women- or minority-owned. 5. Reports (a) By local cooperative development centers and financial institutions For each grant that a local cooperative development center or financial institution receives pursuant to section 4(b)(1)(A), the local center or institution shall submit to the Secretary, not later than the expiration of the 12-month period after initial receipt of such grant amounts, a report that includes— (1) identification of the total amount of such grant amounts that have been expended; (2) a description of the activities undertaken by such local center or institution with such grant amounts; and (3) other information as the Secretary may require. (b) By the Secretary Not later than 3 years after the date of the enactment of this Act, and annually thereafter for each year assistance is provided under this Act, the Secretary shall submit to the Congress a report that includes— (1) identification of the number of cooperative organizations created using amounts made available under this Act; (2) best practices from the local cooperative development centers that are awarded grants under this Act and the economic benefits to the local communities that such centers serve resulting from such use of funds; (3) an evaluation of compliance with the performance targets established pursuant to section 4(d); (4) case studies featuring select cooperative development organizations that benefitted from the program; and (5) any additional information, including statistics, that would help promote future cooperative development. 6. Regulations Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue regulations necessary to carry out this Act. 7. Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out the National Cooperative Development Program, to remain available until expended, $25,000,000 for each of fiscal years 2013 through 2017.
https://www.govinfo.gov/content/pkg/BILLS-113hr2437ih/xml/BILLS-113hr2437ih.xml
113-hr-2438
I 113th CONGRESS 1st Session H. R. 2438 IN THE HOUSE OF REPRESENTATIVES June 19, 2013 Mr. Issa (for himself, Mr. Meadows , Mr. Nunnelee , and Mr. Enyart ) introduced the following bill; which was referred to the Committee on Armed Services , and in addition to the Committees on the Judiciary , Select Intelligence (Permanent Select) , and Foreign Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require an adequate process in preplanned lethal operations that deliberately target citizens of the United States or citizens of strategic treaty allies of the United States, to limit the use of cluster munitions generally, including when likely to unintentionally harm such citizens, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Designating Requirements On Notification of Executive-ordered Strikes Act of 2013 or DRONES Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Title I—Limitations on Preplanned Lethal Operations Deliberately Targeting United States Citizens or Citizens of Strategic Treaty Allies Sec. 101. Definitions. Sec. 102. Scope of title. Sec. 103. Limitation on preplanned lethal operations targeting United States citizens or citizens of strategic treaty allies. Sec. 104. Prohibition on preplanned lethal operations inside the territory of the United States. Title II—Limitations on Use of Cluster Munitions Sec. 201. Definitions. Sec. 202. General limitation on United States use of cluster munitions. Sec. 203. Limitation on use of cluster munitions when use is reasonably likely to unintentionally harm United States citizens or citizens of strategic treaty ally. Sec. 204. Cleanup plan. Sec. 205. Provision of cluster munitions to foreign nations. I Limitations on Preplanned Lethal Operations Deliberately Targeting United States Citizens or Citizens of Strategic Treaty Allies 101. Definitions In this title: (1) Appropriate congressional committees The term appropriate congressional committees means the Committee on the Judiciary, the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Appropriations, and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on the Judiciary, the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Appropriations, and the Committee on Oversight and Government Reform of the House of Representatives. (2) Preplanned lethal operation The term preplanned lethal operation does not include, limit, or restrict actions taken in immediate self defense or immediate defense of others by members of the Armed Forces, law enforcement officers, or other persons authorized to use lethal force in the execution of their duties. (3) Strategic treaty ally The term strategic treaty ally refers to a member nation of the North Atlantic Treaty Organization, Japan, the Republic of South Korea, and any other country with which the United States has entered into a security treaty. 102. Scope of title (a) Covered entities This title applies to all Federal departments and agencies and the Armed Forces. (b) Covered preplanned lethal operations This title only applies to preplanned lethal operations that deliberately target a citizen of the United States or a citizen of a strategic treaty ally of the United States. 103. Limitation on preplanned lethal operations targeting United States citizens or citizens of strategic treaty allies (a) Limitation A Federal department or agency or the Armed Forces may not deliberately target a citizen of the United States or a citizen of a strategic treaty ally of the United States in a preplanned lethal operation unless the preplanned lethal operation is planned and executed pursuant to a written determination signed personally by the President— (1) confirming the status of the targeted citizen as an enemy combatant; and (2) authorizing the deliberate lethal targeting of the citizen based on an articulated need for the use of such lethal force. (b) Congressional notification Not later than 30 days after making a determination under subsection (a), the President shall submit to the appropriate congressional committees a report, in classified form if necessary— (1) certifying that the timing and details of the preplanned lethal operation were approved personally by the President; and (2) describing in detail— (A) the information used to determine that the targeted citizen is an enemy combatant; and (B) the reasons why the use of lethal force was necessary. (c) Delegation The President may not delegate— (1) the final determination of enemy combatant status; and (2) the final approval of timing and details of the execution of the preplanned lethal operation. 104. Prohibition on preplanned lethal operations inside the territory of the United States Nothing in this title may be construed to authorize any Federal department or agency or the Armed Forces to deliberately target a citizen of the United States or a citizen of a strategic treaty ally in a preplanned lethal operation inside the territory of the United States or any location under the jurisdiction of the United States. II Limitations on Use of Cluster Munitions 201. Definitions In this title: (1) Appropriate congressional committees The term appropriate congressional committees means the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Oversight and Government Reform of the House of Representatives. (2) Cluster munitions (A) In general The term cluster munitions means conventional munitions that are designed to disperse or release explosive submunitions each weighing less than 40 pounds. (B) Exclusions The term does not include any of the following: (i) Munitions or submunitions designed to dispense flares, smoke, pyrotechnics or chaff. (ii) Munitions designed exclusively for an air defense role. (iii) Munitions or submunitions designed to produce electrical or electronic effects. (iv) Munitions that, in order to avoid indiscriminate area effects and risks posed by unexploded submunitions, have all of the following characteristics: (I) The munition contains fewer than ten explosive submunitions. (II) Each explosive submunition is designed to detect and engage a single target object. (III) Each explosive submunition is equipped with an electronic self-destruction or deactivation mechanism. (3) Strategic treaty ally The term strategic treaty ally refers to a member nation of the North Atlantic Treaty Organization, Japan, the Republic of South Korea, and any other country with which the United States has entered into a security treaty. 202. General limitation on United States use of cluster munitions (a) Limitation The President, head of any Federal department or agency, or general officer or flag officer of the Armed Forces may not authorize the use of any cluster munitions unless— (1) the submunitions of the cluster munitions, after arming, will not result in more than 1 percent unexploded ordnance across the range of intended operational environments; and (2) the policy applicable to the use of the cluster munitions requires that the cluster munitions— (A) will only be used against clearly defined military targets; and (B) will not be used in locations where civilian noncombatants are known to be present or in areas normally inhabited by civilian noncombatants. (b) Presidential waiver authority (1) Limited waiver authority The President may waive the limitation imposed by subsection (a)(1) if, before authorizing the use of cluster munitions in a certain situation, the President certifies that use of the cluster munitions in such situation is vital to protect the security of the United States. (2) Congressional notification Not later than 30 days after the date on which the President makes a certification under paragraph (1), the President shall submit to the appropriate congressional committees a report, in classified form if necessary, describing in detail— (A) the reasons for the certification; (B) the steps that were taken or will be taken to protect civilian noncombatants against contact with the cluster munitions; and (C) the failure rate of the cluster munitions and whether the cluster munitions are fitted with self-destruct or self-deactivation devices. (3) No delegation The President may not delegate the authority to make a certification under paragraph (1). 203. Limitation on use of cluster munitions when use is reasonably likely to unintentionally harm United States citizens or citizens of strategic treaty ally (a) Limitation In addition to the limitation on the use of cluster munitions applicable under section 202(a), and notwithstanding any other provision of law, the President, head of any Federal department or agency, or general officer or flag officer of the Armed Forces may not authorize the use of any cluster munitions if the use of the cluster munitions is reasonably likely to unintentionally harm any citizen of the United States or citizen of a strategic treaty ally of the United States. (b) Presidential waiver authority (1) Limited waiver authority The President may waive the limitation imposed by subsection (a) if, before authorizing the use of cluster munitions, the President certifies that, notwithstanding the risk to any citizen of the United States or citizen of a strategic treaty ally of the United States, use of the cluster munitions is vital to protect the security of the United States. (2) Congressional notification Not later than 30 days after the date on which the President makes a certification under paragraph (1), the President shall submit to the appropriate congressional committees a report, in classified form if necessary, describing in detail— (A) the reasons for the certification; (B) the steps that were taken or will be taken to prevent unintentional harm to any citizen of the United States or citizen of a strategic treaty ally of the United States; and (C) the failure rate of the cluster munitions and whether the cluster munitions are fitted with self-destruct or self-deactivation devices. (3) No delegation The President may not delegate the authority to make a certification under paragraph (1). (c) Rule of construction For the purposes of this section, use of cluster munitions is reasonably likely to unintentionally harm a United States citizen or a citizen of a strategic treaty ally in any situation in which any citizen of the United States or any citizen of a strategic treaty ally is known to be within a two-mile radius of the area to be targeted with cluster munitions. 204. Cleanup plan Not later than 90 days after the date on which any cluster munitions are used by a Federal department or agency or the Armed Forces consistent with this title, the President shall submit to the appropriate congressional committees a plan for cleaning up any of the cluster munitions and submunitions that fail to explode and, therefore, continue to pose a hazard to civilian noncombatants. 205. Provision of cluster munitions to foreign nations The President, head of any Federal department or agency, or general officer or flag officer of the Armed Forces may not provide any cluster munitions to a foreign nation, agency, or armed forces unless— (1) the cluster munitions to be provided will be used in a combined military operation with the United States; and (2) the use of the cluster munitions complies with the provisions of this title.
https://www.govinfo.gov/content/pkg/BILLS-113hr2438ih/xml/BILLS-113hr2438ih.xml
113-hr-2439
I 113th CONGRESS 1st Session H. R. 2439 IN THE HOUSE OF REPRESENTATIVES June 19, 2013 Ms. Kuster (for herself and Mrs. Hartzler ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To promote permanent families for children, privacy and safety for unwed mothers, responsible fatherhood, and security for adoptive parents by establishing a National Responsible Father Registry and encouraging States to enter into agreements to contribute the information contained in the State’s Responsible Father Registry to the National Responsible Father Registry, and for other purposes. 1. Short title This Act may be cited as the Protecting Adoption and Promoting Responsible Fatherhood Act of 2013 . 2. Findings and purposes (a) Findings Congress makes the following findings: (1) Responsible father registries, also known as possible father registries or putative father registries, exist in as many as 34 States. (2) The Supreme Court of the United States in Lehr v. Robertson (463 U.S. 248) (1983), found responsible father registries to be constitutional. (3) Responsible father registries help to speed up the stable placement of children by providing a mechanism to determine whether there are any possible fathers who may have an interest in participating in the placement decisions of the child so that the possible father can timely assert his rights or so that the father’s rights can be waived, surrendered, or terminated and the child made available for adoption or placement. (4) Responsible father registries protect the privacy and safety of unwed mothers by removing the burden from the mother to provide information about any possible fathers, disclosure of which would be an invasion of her privacy and may cause harm to the mother, particularly in the case of rape or domestic violence. (5) Responsible father registries serve to protect the rights of men who wish to be involved in the placement decisions of a child they believe they may have fathered by creating a mechanism for such men to undertake responsibility and to protect their rights without having to rely upon others to protect their rights, and to indicate their desire to be notified in a timely manner of certain legal proceedings related to the child, including proceedings related to termination of rights, adoption, and the placement of the child into State custody. (6) Responsible father registries protect the privacy of possible fathers by providing a mechanism for men to submit identifying information to a database with restricted access. (7) Responsible father registries protect the interests of adoptive parents and increase the security of adoptions by reducing the risk that possible fathers cannot be located in a timely manner. One of the biggest risks to the finalization of an adoption is the inability of the parties to an adoption proceeding to timely locate the possible fathers. When possible fathers are not provided with timely notice of an adoption proceeding related to a child they may have fathered and discover such proceeding later, the adoption proceeding often is delayed or disrupted. In addition to causing emotional stress and significant costs associated with this problem, such cases, particularly when they attract media attention, create a chilling effect on adoption in that prospective adoptive parents may decide not to pursue the option of adoption for fear that they will be involved in such a case. (8) Interstate travel of mothers and the filing of legal actions relating to a child in a State other than the State in which a possible father may have registered may circumvent and eliminate the protections such unwed mothers and possible fathers are provided by the individual State Responsible Father Registries, because there are no agreements or mechanisms between the States to identify or to provide notice to possible fathers who have registered in another State. (9) The inability of States to coordinate and cross-check their responsible father registries may jeopardize or delay the placement of the child in a permanent home and undermines the benefits to unwed mothers, protections intended for registered possible fathers, and security for adoptive parents that State registries are intended to afford. (b) Purposes The purposes of this Act are— (1) to provide for a national database that would accept possible father registrations from participating State Responsible Father Registries and directly from possible fathers, and would transmit the results of specific searches of such registrations to authorized parties involved in any State’s proceedings, whether the State participates in the national registry or not, for adoption, the placement of a child in State custody, or the termination of a father’s rights; (2) to enable children to find a permanent home more quickly by providing identifying information on possible fathers thereby enabling the fathers’ rights to be addressed in a more timely manner; (3) to remove the burden from the mother of having to identify potential fathers, to protect her privacy and safety, especially in cases of rape or domestic violence; (4) to empower men to take responsibility for the protection of their rights by enabling them to register in a participating State or directly with the national registry, increasing the likelihood of men receiving notice of a proceeding in another State and reducing the opportunity for the mother to deprive a possible father of the ability to assert his rights by withholding accurate information concerning the possible father, by moving, or by traveling to another State; and (5) to reduce the risk to prospective adoptive parents of delayed or disrupted placements resulting from challenges to adoptions due to a possible father’s untimely receipt of notice of such proceedings. 3. Registries to facilitate adoptions Part B of title IV of the Social Security Act ( 42 U.S.C. 620 et seq. ) is amended by adding at the end the following: 4 National and State Responsible Father Registries to facilitate adoptions 445. Definitions In this subpart: (1) Business day The term business day means a day on which Federal or State offices, as applicable, are open for regular business. (2) Eligible party The term eligible party means— (A) public and licensed private adoption or child placement agencies gathering information for a planned or pending adoption or the termination of rights of one or more possible fathers; (B) licensed attorneys representing a party in a planned or pending adoption or in the termination of rights of one or more possible fathers; (C) State agencies or entities responsible for the placement of children; and (D) State courts. (3) National Responsible Father Registry The term National Responsible Father Registry means the registry established and maintained under section 445A. (4) Notice The term notice means notice to all possible fathers of a proceeding sufficient to satisfy the notice requirements of the law of the State in which the proceeding is pending. (5) Pending adoption The term pending adoption means any adoption in which an adoption petition has been filed and is still pending with a court pursuant to State law. (6) Planned adoption The term planned adoption means any plan for the adoption of a child or children in which the birth mother has contacted an attorney or a public or licensed private adoption agency about placing her child for adoption, or in which a public or licensed private adoption agency is working to place a child for adoption. (7) Proceeding The term proceeding means a proceeding relating to a child that a possible father has or may have fathered regarding a planned or pending adoption of the child, the entry of the child into State custody, or the termination of a possible father’s rights to the child. (8) Possible father The term possible father or putative father means a man who has had sexual relations with a woman to whom he is not married and is therefore presumed to know that such woman may be pregnant as a result of such relations. (9) Search The term search means a request for information regarding the existence of all possible fathers related to a child that is the subject of a proceeding. (10) State Responsible Father Registry The term State Responsible Father Registry means, with respect to a State, the registry established or modified and maintained under section 445C for that State. (11) Participating State The term participating State means a State that has entered into an agreement with the Secretary under section 445B. 445A. National Responsible Father Registry (a) Establishment and maintenance (1) In general Not later than the date that is 180 days after the date of enactment of this subpart, the Secretary shall establish and maintain an automated National Responsible Father Registry that contains the information described in section 445C(c) and that provides a mechanism for men to register such information directly with the National Responsible Father Registry. (2) Data entry and deletion requirements (A) Data entry Information transmitted by a State or a possible father under section 445C(d)(2) shall be entered into the National Responsible Father Registry not later than the date that is 2 business days after the date on which such information is received. (B) Responsible father registration The Secretary shall establish procedures under which a possible father may submit the information described in section 445C(c) directly to the Secretary for the purpose of including such information in the National Responsible Father Registry. Such procedures shall— (i) require the possible father to verify by submission of a sworn statement or such other means as the Secretary determines appropriate that the information submitted is his own personal information and that it is true and correct to the best of his knowledge; (ii) provide that no fee shall be charged to the possible father for registering in the National Responsible Father Registry; and (iii) allow possible fathers to submit registrations by mail or electronic means. (C) Application of Federal penalties for submission of false information Any person who knowingly submits false information to the National Responsible Father Registry directly or indirectly through transmission of information submitted to a State Responsible Father Registry shall be subject to penalties in accordance with the provisions of section 1001 of title 18, United States Code. (D) Deletion of data Information entered into the National Responsible Father Registry shall remain in the registry for not less than 20 years from the date of entry. (3) Access to information in the National Responsible Father Registry (A) In general Subject to subparagraph (B), access to the information contained in the National Responsible Father Registry is limited to an eligible party. (B) Limited access for registrants Each possible father who registers in the National Responsible Father Registry may file a search request with the Secretary for the limited purpose of confirming that the information he provided is contained in the National Registry. (4) Search requests (A) By an eligible party The Secretary shall accept a request from an eligible party to search the National Responsible Father Registry only if the request has been verified for authenticity. (B) By a registrant The Secretary shall accept a request from a possible father who has registered in the National Responsible Father Registry to search the National Responsible Father Registry only if the request has been verified for authenticity. (C) Fee The Secretary is authorized to charge a reasonable fee for a search conducted under this section. (5) Limitation on disclosure of information No information contained in the National Responsible Father Registry shall be disclosed to any person if the disclosure of the information would contravene a national security interest of the United States or if the disclosure would compromise the confidentiality of census data. (6) Methods for requesting a search of the national database An eligible party may request a search under this section either electronically or through the mail. (7) Certificate of search (A) Issuance Within 2 business days of receipt of a search request, the Secretary shall issue by mail or electronic means a certificate of search to the person who requested the search. (B) Contents of eligible party search The certificate of search on behalf of an eligible party shall contain— (i) the names and most recent contact information for all possible fathers who are registered in the National Responsible Father Registry or registered in any participating State Responsible Father Registry; (ii) the latest date through which data in the National Responsible Father Registry has been updated; and (iii) the list of the State Responsible Father Registries whose data is included in the search database and the date through which the data from each participating State was last updated. (C) Contents of registrant search The certificate of search on behalf of a possible father who has registered in the National Responsible Father Registry shall only contain the information provided to the Secretary by the registrant himself or provided by the registrant to a participating State registry and transmitted by that State registry to the Secretary. (D) Effect of certificate A certificate of search issued under subparagraph (B) shall serve as evidence of efforts by the eligible party who requested the search to locate a possible father in order to provide those possible fathers identified in the certificate with notice of a proceeding. (b) National educational campaign The Secretary shall establish a nationwide responsible fatherhood and responsible father registry educational campaign that is designed to inform possible fathers, unwed mothers, possible adoptive parents, and eligible parties of the existence of the National Responsible Father Registry, the advantages of possible fathers registering either in the National Responsible Father Registry or a State Responsible Father Registry, or both, the rights and responsibilities of possible fathers, unwed mothers, possible adoptive parents, and eligible parties with regard to a proceeding, and the role of the National Responsible Father Registry and a State Responsible Father Registry in a proceeding. 445B. Agreements with States to promote responsible fatherhood (a) In general The Secretary shall use all reasonable efforts to encourage States to enter into an agreement with the Secretary to become a participating State under this subpart. Such agreements shall— (1) require that the State comply with the requirements for State Responsible Father Registries under section 445C; (2) require that the State provide for a process under which a registered possible father will receive notice of a proceeding at the most recent address he provided to the registry, within State determined guidelines and time limits; (3) require the State to provide annual reviews and reports to the Secretary on the State Responsible Father Registry, including such information as may be necessary to measure compliance with the requirements under this subpart; (4) require the State to, in accordance with standards prescribed by the Secretary, cooperate with other States and the Federal Government to assist individuals and governments in their efforts to locate and provide notice to possible fathers; (5) encourage the State to establish or designate a single organizational unit within the State that meets such staffing and organizational requirements as the Secretary may prescribe to administer the State Responsible Father Registry; (6) encourage the State to enter into cooperative agreements between the State and appropriate entities, such as those specified in section 445C(e)(2), to assist the organizational unit established or designated to administer the State Responsible Father Registry; (7) encourage the State to amend its long-arm jurisdictional statute to ensure that personal jurisdiction is established in a proceeding for a father registered in the National Responsible Father Registry; (8) encourage States to develop, establish, and operate programs that are designed— (A) to improve the protection of the rights of possible fathers in a proceeding; (B) to assist mothers in making responsible plans for their children's future; and (C) to protect the privacy and safety of possible fathers and of birth mothers, including those who have been the victims of violence, by, among other things, enabling birth mothers to proceed with an adoption or placement plan without being required to disclose her sexual partners; and (9) encourage States to enact laws and regulations to address the pre-birth abandonment of a child by the biological father and abandonment of a child by the biological father subsequent to birth. (b) Grants To promote responsible fatherhood An agreement with a State that meets the requirements of subsection (a) may include a grant to the State as provided for under section 445D. 445C. State Responsible Father Registries (a) Establishment and maintenance (1) In general Subject to paragraph (2), each State that is a participating State under this subpart shall provide assurances to the Secretary that the State has, or will establish, and will maintain an automated responsible father registry that meets the requirements of this section. (2) Existing State Responsible Father Registries A State that has a responsible father registry in existence on the date of enactment of this subpart and desires to enter into an agreement with the Secretary under section 445B shall provide assurances to the Secretary that the State will, not later than 180 days from the last day of the first regular session of the State legislature that begins after the date of enactment of this subpart, modify the registry to the extent necessary for the registry to meet the requirements of this section with respect to responsible fathers who register with the State on or after that day. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session is considered to be a separate, regular session of the State legislature. (b) Registration with the State Responsible Father Registry (1) Submission of information The State shall establish procedures under which the possible father of a child may submit the information described in subsection (c) to the State for the purpose of including the information in the State Responsible Father Registry. Such procedures shall provide that, in order for the possible father to be entitled to notice of any proceeding, the possible father must submit information for inclusion in the State Responsible Father Registry within State-determined time limits. (2) Verification The procedures established under paragraph (1) shall require the possible father to verify by submission of a sworn statement or such other means as the State, in consultation with the Secretary, determines appropriate that the information submitted is his own personal information and that it is true and correct to the best of his knowledge. (c) Contents With respect to a child, the State Responsible Father Registry shall contain information sufficient to identify the possible father, which may include (but is not limited to)— (1) the name of the possible father (including any other names by which he may be known); (2) the date of birth of the possible father; (3) the Social Security number of the possible father, if any; (4) the State of issue and driver's license number of the possible father, if any; (5) the address provided by the possible father at which he requests notice; (6) all known telephone numbers for the possible father; (7) the name and address of the employer of the possible father, if any; (8) the name of the mother (including any other names by which she may be known); (9) the most recent address of the mother, if known; (10) the date of birth of the mother, if known; (11) the Social Security number of the mother, if known; (12) the State of issue and driver's license number of the mother, if known; (13) the city and State where possible conception took place; (14) the date or estimated date (or range of dates) of possible conception; (15) the birth date of the child or the approximate delivery date, if known; and (16) the name and gender of the child, if known. (d) Collection of State information and transmission to the National Responsible Father Registry (1) Collection The State shall collect the information described in subsection (c) submitted by the possible father and enter such information into the State Responsible Father Registry. (2) Transmission Not later than the date that is 3 business days after the date on which any information described in subsection (c) is entered into the State Responsible Father Registry, the State shall furnish such information to the Secretary, in an electronic format designated by the Secretary, for purposes of including the information in the National Responsible Father Registry. (3) Requirement The procedures established under subsection (b)(1) shall include a means by which a possible father is informed that the registry may be used to establish an obligation to support a child or children. Except as provided in subsection (g), registration shall not constitute an admission of guilt to any crime under Federal or State law. (e) Establishment of Registration Centers (1) In general The State shall establish centers in various locations throughout the State so that registration forms for the State Responsible Father Registry are easily accessible to possible fathers. (2) Sites The sites of the centers described in paragraph (1) may include (but are not limited to) the following: (A) State and local hospitals. (B) Courthouses in which family courts are located. (C) State departments of motor vehicles. (D) State welfare agencies. (E) State health department offices. (F) State vital records offices. (G) State probate courts. (H) State-operated or -sponsored websites for each center established in accordance with this subsection. (f) Method of submitting registration The State shall permit a possible father to submit information to the State Responsible Father Registry electronically, in person, or by mail. The State shall not charge a fee for registering in the State Responsible Father Registry. (g) Penalties for submission of false information A State shall have in effect a law that provides that any person who knowingly submits false information to a State Responsible Father Registry shall be guilty of the highest class of misdemeanor under State law. (h) Accuracy of data A possible father is solely responsible for the accuracy of the information contained in his registration and he shall be responsible for updating the information, if needed to keep it accurate. The information contained in the registration is presumed accurate. Notice regarding a proceeding shall be deemed received by the possible father if sent or delivered to him at the most recent address he provided in subsection (c)(5). (i) Privacy safeguards The State shall establish procedures to ensure that the information maintained in the State Responsible Father Registry is subject to the same privacy safeguards as the privacy safeguards required under section 454(26). 445D. Grants to States to promote responsible fatherhood (a) Grants to States The Secretary may make a grant to a State that enters into an agreement with the Secretary pursuant to section 445B to become a participating State for purposes of— (1) modifying an existing State Responsible Father Registry to the extent necessary for the registry to meet the requirements of section 445C; or (2) establishing a State Responsible Father Registry that meets the requirements of section 445C. (b) Condition As a condition for receiving a grant under this section, a State shall agree to— (1) maintain an automated State Responsible Father Registry in accordance with the requirements of section 445C; and (2) support the nationwide responsible fatherhood and responsible father registry educational campaign established under section 445A(b). (c) Amount A grant made under this section shall be in such an amount as the Secretary determines appropriate. (d) Use of funds Funds received under a grant made under this section may be used to reimburse a participating State in whole or in part for costs incurred to modify an existing State Responsible Father Registry or to establish a State Responsible Father Registry, and to reimburse the State in whole or in part for costs incurred to satisfy the conditions specified in subsection (b). (e) Authorization of appropriations There are authorized to be appropriated such sums as are necessary for fiscal year 2014 and each fiscal year thereafter for purposes of making grants to States under this section. .
https://www.govinfo.gov/content/pkg/BILLS-113hr2439ih/xml/BILLS-113hr2439ih.xml
113-hr-2440
I 113th CONGRESS 1st Session H. R. 2440 IN THE HOUSE OF REPRESENTATIVES June 19, 2013 Ms. Jackson Lee (for herself, Mr. Moran , Ms. Clarke , Mr. Lewis , Mr. Johnson of Georgia , Ms. Lee of California , Mr. Danny K. Davis of Illinois , Mr. McGovern , Ms. Bass , Mr. Rangel , and Mr. Cicilline ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Select Committee on Intelligence (Permanent Select) , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require the Attorney General to disclose each decision, order, or opinion of a Foreign Intelligence Surveillance Court that includes significant legal interpretation of section 501 or 702 of the Foreign Intelligence Surveillance Act of 1978 unless such disclosure is not in the national security interest of the United States and for other purposes. 1. Short title This Act may be cited as the FISA Court in the Sunshine Act of 2013 . 2. Findings Congress finds the following: (1) Secret law is inconsistent with democratic governance. In order for the rule of law to prevail, the requirements of the law must be publicly discoverable. (2) The United States Court of Appeals for the Seventh Circuit stated in 1998 that the “idea of secret laws is repugnant”. (3) The open publication of laws and directives is a defining characteristic of government of the United States. The first Congress of the United States mandated that every law, order, resolution, and vote [shall] be published in at least three of the public newspapers printed within the United States . (4) The practice of withholding decisions of the Foreign Intelligence Surveillance Court is at odds with the United States tradition of open publication of law. (5) The Foreign Intelligence Surveillance Court acknowledges that such Court has issued legally significant interpretations of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ) that are not accessible to the public. (6) The exercise of surveillance authorities under the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ), as interpreted by secret court opinions, potentially implicates the communications of United States persons who are necessarily unaware of such surveillance. (7) Section 501 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 ), as amended by section 215 of the USA PATRIOT Act ( Public Law 107–56 ; 115 Stat. 287), authorizes the Federal Bureau of Investigation to require the production of any tangible things and the extent of such authority, as interpreted by secret court opinions, has been concealed from the knowledge and awareness of the people of the United States. (8) In 2010, the Department of Justice and the Office of the Director of National Intelligence established a process to review and declassify opinions of the Foreign Intelligence Surveillance Court, but more than two years later no declassifications have been made. 3. Sense of Congress It is the sense of Congress that each decision, order, or opinion issued by the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review that includes significant construction or interpretation of section 501 or section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 and 1881a) should be declassified in a manner consistent with the protection of national security, intelligence sources and methods, and other properly classified and sensitive information. 4. Requirement for disclosure of decisions, orders, and opinions of the Foreign Intelligence Surveillance Court (a) Section 501 (1) In general Section 501 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 ) is amended by adding at the end the following: (i) Disclosure of decisions (1) Decision defined In this subsection, the term decision means any decision, order, or opinion issued by the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review that includes significant construction or interpretation of this section. (2) Requirement for disclosure Subject to paragraphs (3) and (4), the Attorney General shall declassify and make available to the public— (A) each decision that is required to be submitted to committees of Congress under section 601(c), not later than 45 days after such opinion is issued; and (B) each decision issued prior to the date of the enactment of the FISA Court in the Sunshine Act of 2013 that was required to be submitted to committees of Congress under section 601(c), not later than 180 days after such date of enactment. (3) Unclassified summaries Notwithstanding paragraph (2) and subject to paragraph (4), if the Attorney General makes a determination that a decision may not be declassified and made available in a manner that protects the national security of the United States, including methods or sources related to national security, the Attorney General shall release an unclassified summary of such decision. (4) Unclassified report Notwithstanding paragraphs (2) and (3), if the Attorney General makes a determination that any decision may not be declassified under paragraph (2) and an unclassified summary of such decision may not be made available under paragraph (3), the Attorney General shall make available to the public an unclassified report on the status of the internal deliberations and process regarding the declassification by personnel of Executive branch of such decisions. Such report shall include— (A) an estimate of the number of decisions that will be declassified at the end of such deliberations; and (B) an estimate of the number of decisions that, through a determination by the Attorney General, shall remain classified to protect the national security of the United States. . (2) Section 702 Section 702(l) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881a(l) ) is amended by adding at the end the following: (4) Disclosure of decisions (A) Decision defined In this paragraph, the term decision means any decision, order, or opinion issued by the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review that includes significant construction or interpretation of this section. (B) Requirement for disclosure Subject to subparagraphs (C) and (D), the Attorney General shall declassify and make available to the public— (i) each decision that is required to be submitted to committees of Congress under section 601(c), not later than 45 days after such opinion is issued; and (ii) each decision issued prior to the date of the enactment of the FISA Court in the Sunshine Act of 2013 that was required to be submitted to committees of Congress under section 601(c), not later than 180 days after such date of enactment. (C) Unclassified summaries Notwithstanding subparagraph (B) and subject to subparagraph (D), if the Attorney General makes a determination that a decision may not be declassified and made available in a manner that protects the national security of the United States, including methods or sources related to national security, the Attorney General shall release an unclassified summary of such decision. (D) Unclassified report Notwithstanding subparagraphs (B) and (C), if the Attorney General makes a determination that any decision may not be declassified under subparagraph (B) and an unclassified summary of such decision may not be made available under subparagraph (C), the Attorney General shall make available to the public an unclassified report on the status of the internal deliberations and process regarding the declassification by personnel of Executive branch of such decisions. Such report shall include— (i) an estimate of the number of decisions that will be declassified at the end of such deliberations; and (ii) an estimate of the number of decisions that, through a determination by the Attorney General, shall remain classified to protect the national security of the United States. .
https://www.govinfo.gov/content/pkg/BILLS-113hr2440ih/xml/BILLS-113hr2440ih.xml
113-hr-2441
I 113th CONGRESS 1st Session H. R. 2441 IN THE HOUSE OF REPRESENTATIVES June 19, 2013 Mrs. Lummis (for herself and Ms. Tsongas ) introduced the following bill; which was referred to the Committee on Small Business A BILL To amend the Small Business Act to permit agencies to count certain contracts toward contracting goals. 1. Short title This Act may be cited as the Small Business Fairness Act of 2013 . 2. Teaming arrangements and agency contracting goals Section 15(g) of the Small Business Act (15 U.S.C. 644(g)) is amended by adding at the end the following: (3) Teaming arrangements and agency contracting goals (A) Definitions In this paragraph— (i) the term covered small business concern means— (I) a small business concern owned and controlled by service-disabled veterans; (II) a small business concern owned and controlled by socially and economically disadvantaged individuals, as defined in section 8(d)(3)(C); (III) a small business concern owned and controlled by women, as defined in section 8(d)(3)(D); or (IV) a qualified HUBZone small business concern; and (ii) the term teaming arrangement entity means a prime contractor under a contractor team arrangement, as defined in section 9.601 of the Federal Acquisition Regulation. (B) Contracting goals If a covered small business concern performs the obligations of a teaming arrangement entity under a contract between the teaming arrangement entity and a Federal agency, the head of the Federal agency may deem the contract to be a contract awarded to the covered small business concern for purposes of determining whether the Federal agency has met the goals established by the head of the Federal agency under paragraph (2). .
https://www.govinfo.gov/content/pkg/BILLS-113hr2441ih/xml/BILLS-113hr2441ih.xml
113-hr-2442
I 113th CONGRESS 1st Session H. R. 2442 IN THE HOUSE OF REPRESENTATIVES June 19, 2013 Mr. McDermott introduced the following bill; which was referred to the Committee on Natural Resources A BILL To extend Federal recognition to the Duwamish Tribe, and for other purposes. 1. Short title; findings (a) Short title This Act may be cited as the Duwamish Tribal Recognition Act . (b) Findings Congress finds the following: (1) In 1855, the Duwamish Tribe signed the Treaty of Point Elliott, which guaranteed fishing rights and reservations to all tribes represented by the Native signatories. (2) The Duwamish signatory was their Chief, Chief Si’ahl, for whom the City of Seattle is named. (3) In 1859, the Treaty of Point Elliott was ratified by Congress. However, the promises made by the United States in the treaty were never fulfilled as to the Duwamish Tribe or its members. (4) In 1925, the Duwamish Tribe officially adopted its constitution and bylaws. (5) The Duwamish Tribe filed suit before the Indian Claims Commission for the value of its lands taken without compensation and a $62,000 judgment ultimately was awarded to the Duwamish. The settlement was eventually distributed per capita at $64 per person to the Duwamish people. (6) In 1976, the Duwamish Tribe first submitted a petition for Federal recognition to the Secretary of the Interior. That petition subsequently was returned to the tribe for revision due to changes in regulations governing the administrative Federal acknowledgment process. (7) In 1988, the Duwamish Tribe submitted its completed petition for Federal recognition. (8) In 1996, after years of delay, the Duwamish Tribe received a negative preliminary determination. In response, the tribe addressed the identified problems in its final submission of October 21, 1998. (9) On January 19, 2001, the Duwamish Tribe received a favorable determination for Federal recognition from the Assistant Secretary of the Interior for Indian Affairs. (10) On September 26, 2001, the new Assistant Secretary for Indian Affairs unilaterally reversed the January 19, 2001, decision and rejected the Duwamish petition for recognition. (11) On January 4, 2002, the Interior Board of Indian Appeals referred several questions raised by the circumstances of the administrative reversal to the Secretary of the Interior along with directions to decide whether to request further reconsideration by the Assistant Secretary for Indian Affairs in light of those questions. (12) On May 8, 2002, the Secretary of the Interior refused to refer the Duwamish petition back to the Assistant Secretary for Indian Affairs for further consideration. (13) Nearly 150 years after the Duwamish Tribe signed the Point Elliott Treaty, the Duwamish people still seek the recognition which was established by the treaty. 2. Definitions For the purposes of this Act, the following definitions apply: (1) Member The term member means an enrolled member of the Duwamish Tribe, as of the date of the enactment of this Act, or an individual who has been placed on the membership rolls in accordance with this Act. (2) Secretary The term Secretary means the Secretary of the Interior. (3) Tribe The term Tribe means the Duwamish Tribe. 3. Federal recognition Federal recognition is hereby extended to the Duwamish Tribe. All laws and regulations of the United States of general application to Indians, or nations, tribes, or band of Indians, including the Act of June 18, 1934 ( 25 U.S.C. 461 et seq. ), which are not inconsistent with any specific provision of this Act, shall be applicable to the Tribe and its members. 4. Federal services and benefits (a) In general The Tribe and its members shall be eligible, on and after the date of the enactment of this Act, for all services and benefits provided by the Federal Government to federally recognized tribes without regard to the existence of a reservation for the Tribe or the location of the residence of any member on or near any Indian reservation. (b) Service area For purposes of the delivery of Federal services to enrolled members of the Tribe, the Tribe’s service area shall consist of the following: King County, Kitsap County, Pierce County, Lewis County, and Mason County. 5. Membership Not later than 9 months after the date of the enactment of this Act, the Tribe shall submit to the Secretary a membership roll consisting of all individuals enrolled in the Tribe. The qualifications for inclusion on the membership roll of the Tribe shall be determined by the membership clauses in the Tribe’s governing document, in consultation with the Secretary. Upon completion of the roll, the Secretary shall immediately publish notice of the roll in the Federal Register. The Tribe shall ensure that such roll is maintained and kept current. 6. Constitution and governing body (a) Constitution (1) Adoption Not later than 9 months after the date of the enactment of this Act, the Tribe shall conduct, by secret ballot, an election to adopt a constitution and bylaws for the Tribe. (2) Interim governing documents Until such time as a new constitution is adopted under paragraph (1), the governing documents in effect on the date of the enactment of this Act shall be the interim governing documents for the Tribe which were submitted to the Department of the Interior during the acknowledgment petition process. (b) Officials Not later than 6 months after the Tribe adopts a constitution and bylaws pursuant to subsection (a), the Tribe shall elect a governing body in accordance with the procedures set forth in its constitution and bylaws. Until such time as a new governing body is elected, the governing body of the Tribe shall be the governing body selected under the election procedures specified in the interim governing documents of the Tribe. 7. Land in trust (a) Requirement To take land into trust If, not later than 10 years after the date of the enactment of this Act, the Tribe transfers all right, title, and interest in and to any land within the Tribe’s service area identified under section 4(b) or land identified under subsection (b) as its aboriginal homelands to the Secretary, the Secretary shall take such land into trust for the benefit of the Tribe. (b) Identification of aboriginal lands Not later than 10 years after the date of the enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall identify those lands which shall be considered the aboriginal homelands of the Tribe for the purposes of subsection (a). (c) No federal liability on trust acceptance Notwithstanding any other provision of law, the United States should not incur any liability for conditions on any parcels of land taken into trust under this section.
https://www.govinfo.gov/content/pkg/BILLS-113hr2442ih/xml/BILLS-113hr2442ih.xml
113-hr-2443
I 113th CONGRESS 1st Session H. R. 2443 IN THE HOUSE OF REPRESENTATIVES June 19, 2013 Mr. Messer (for himself, Mr. Rokita , and Mrs. Brooks of Indiana ) 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 exempt certain educational institutions from the employer health insurance mandate. 1. Short title This Act may be cited as the Safeguarding Children Harmed by Obamacare’s Onerous Levies Act . 2. Certain educational institutions exempt from employer health insurance mandate (a) In general Section 4980H(c)(2) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (F) Exception for certain educational institutions The term applicable large employer shall not include— (i) any elementary school or secondary school (as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965), (ii) any for-profit school which would be such an elementary school or secondary school if such school were a nonprofit school, (iii) any local educational agency or State educational agency (as such terms are defined in section 9101 of such Act), and (iv) any institution of higher education (as such term is defined in section 102 of the Higher Education Act of 1965, except that such term does not include institutions described in subsection (a)(1)(C) of such section 102). . (b) Effective date The amendment made by this section shall apply to months beginning after December 31, 2013.
https://www.govinfo.gov/content/pkg/BILLS-113hr2443ih/xml/BILLS-113hr2443ih.xml
113-hr-2444
I 113th CONGRESS 1st Session H. R. 2444 IN THE HOUSE OF REPRESENTATIVES June 19, 2013 Mr. Tonko (for himself and Ms. Speier ) 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 implement common sense controls on the taxpayer-funded salaries of government contractors by limiting reimbursement for excessive compensation. 1. Short title This Act may be cited as the Commonsense Contractor Compensation Act of 2013 . 2. Limitation on allowable Government contractor compensation costs (a) Limitation (1) Civilian contracts Section 4304(a)(16) of title 41, United States Code, is amended to read as follows: (16) Costs of compensation of contractor and subcontractor employees for a fiscal year, regardless of the contract funding source, to the extent that such compensation exceeds the rate payable for the Vice President under section 104 of title 3, United States Code, except that the head of an executive agency may establish one or more narrowly targeted exceptions for scientists, engineers, or other specialists upon a determination that such exceptions are needed to ensure that the executive agency has continued access to needed skills and capabilities. . (2) Defense contracts Section 2324(e)(1)(P) of title 10, United States Code, is amended to read as follows: (P) Costs of compensation of contractor and subcontractor employees for a fiscal year, regardless of the contract funding source, to the extent that such compensation exceeds the rate payable for the Vice President under section 104 of title 3, United States Code, except that the head of an executive agency may establish one or more narrowly targeted exceptions for scientists, engineers, or other specialists upon a determination that such exceptions are needed to ensure that the executive agency has continued access to needed skills and capabilities. . (b) Conforming amendments (1) Repeal Section 1127 of title 41, United States Code, is hereby repealed. (2) Clerical amendment The table of sections at the beginning of chapter 11 of title 41, United States Code, is amended by striking the item relating to section 1127. (c) Applicability This section and the amendments made by this section shall apply only with respect to costs of compensation incurred under contracts entered into on or after the date that is 180 days after the date of the enactment of this Act. (d) Reports (1) In general Not later than 60 days after the end of each fiscal year, the Director of the Office of Management and Budget shall submit a report on contractor compensation to— (A) the Committee on Armed Services of the Senate; (B) the Committee on Armed Services of the House of Representatives; (C) the Committee on Homeland Security and Governmental Affairs of the Senate; (D) the Committee on Homeland Security of the House of Representatives; (E) the Committee on Appropriations of the Senate; and (F) the Committee on Appropriations of the House of Representatives. (2) Elements The report required under paragraph (1) shall include— (A) the total number of contractor employees, by executive agency, in the narrowly targeted exception positions described under subsection (a) during the preceding fiscal year; (B) the taxpayer-funded compensation amounts received by each contractor employee in a narrowly targeted exception position during such fiscal year; and (C) the duties and services performed by contractor employees in the narrowly targeted exception positions during such fiscal year.
https://www.govinfo.gov/content/pkg/BILLS-113hr2444ih/xml/BILLS-113hr2444ih.xml
113-hr-2445
I 113th CONGRESS 1st Session H. R. 2445 IN THE HOUSE OF REPRESENTATIVES June 19, 2013 Mr. Williams introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To repeal the corporate average fuel economy standards. 1. Short title This Act may be cited as the CAFE Standards Repeal Act of 2013 . 2. Repealing the corporate average fuel economy standards Chapter 329 of title 49, United States Code, and the item relating to such chapter in the analysis of chapters for subtitle VI of such title, are repealed.
https://www.govinfo.gov/content/pkg/BILLS-113hr2445ih/xml/BILLS-113hr2445ih.xml
113-hr-2446
I 113th CONGRESS 1st Session H. R. 2446 IN THE HOUSE OF REPRESENTATIVES June 20, 2013 Mr. Bachus introduced the following bill; which was referred to the Committee on Financial Services A BILL To replace the Director of the Bureau of Consumer Financial Protection with a five person Commission. 1. Short title This Act may be cited as the Responsible Consumer Financial Protection Regulations Act of 2013 . 2. Establishment of the Commission Section 1011 of the Consumer Financial Protection Act of 2010 is amended— (1) by striking subsections (b), (c), and (d); (2) by redesignating subsection (e) as subsection (j); and (3) by inserting after subsection (a) the following new subsections: (b) Establishment of the Commission (1) In general There is hereby established a commission (hereinafter referred to in this section as the Commission ) that shall serve as the head of the Bureau. (2) Authority to prescribe regulations The Commission may prescribe such regulations and issue such orders in accordance with this title as the Commission may determine to be necessary for carrying out this title and all other laws within the Commission’s jurisdiction and shall exercise any authorities granted under this title and all other laws within the Commission’s jurisdiction. (c) Composition of the Commission (1) In general The Commission shall be composed of 5 members who shall be appointed by the President, by and with the advice and consent of the Senate, from among individuals who— (A) are citizens of the United States; and (B) have strong competencies and experiences related to consumer financial protection. (2) Staggering The members of the Commission shall serve staggered terms, which initially shall be established by the President for terms of 1, 2, 4, and 5 years, respectively. (3) Terms (A) In general Each member of the Commission, including the Chair, shall serve for a term of 5 years. (B) Removal for cause The President may remove any member of the Commission only for inefficiency, neglect of duty, or malfeasance in office. (C) Vacancies Any member of the Commission appointed to fill a vacancy occurring before the expiration of the term to which that member’s predecessor was appointed (including the Chair) shall be appointed only for the remainder of the term. (D) Continuation of service Each member of the Commission may continue to serve after the expiration of the term of office to which that member was appointed until a successor has been appointed by the President and confirmed by the Senate, except that a member may not continue to serve more than 1 year after the date on which that member’s term would otherwise expire. (E) Other employment prohibited No member of the Commission shall engage in any other business, vocation, or employment. (d) Affiliation With respect to members appointed pursuant to subsection (c), not more than 3 shall be members of any one political party. (e) Chair of the Commission (1) Appointment The Chair of the Commission shall be appointed by the President from among the members of the Commission. (2) Authority The Chair shall be the principal executive officer of the Bureau, and shall exercise all of the executive and administrative functions of the Bureau, including with respect to— (A) the appointment and supervision of personnel employed under the Bureau (other than personnel employed regularly and full time in the immediate offices of members of the Commission other than the Chair); (B) the distribution of business among personnel appointed and supervised by the Chair and among administrative units of the Bureau; and (C) the use and expenditure of funds. (3) Limitation In carrying out any of the Chair’s functions under the provisions of this subsection the Chair shall be governed by general policies of the Commission and by such regulatory decisions, findings, and determinations as the Commission may by law be authorized to make. (4) Requests or estimates related to appropriations Requests or estimates for regular, supplemental, or deficiency appropriations on behalf of the Commission may not be submitted by the Chair without the prior approval of the Commission. (f) No impairment by reason of vacancies No vacancy in the members of the Commission shall impair the right of the remaining members of the Commission to exercise all the powers of the Commission. Three members of the Commission shall constitute a quorum for the transaction of business, except that if there are only 3 members serving on the Commission because of vacancies in the Commission, 2 members of the Commission shall constitute a quorum for the transaction of business. If there are only 2 members serving on the Commission because of vacancies in the Commission, 2 members shall constitute a quorum for the 6-month period beginning on the date of the vacancy which caused the number of Commission members to decline to 2. (g) Seal The Commission shall have an official seal. (h) Compensation (1) Chair The Chair shall receive compensation at the rate prescribed for level I of the Executive Schedule under section 5313 of title 5, United States Code. (2) Other members of the Commission The 4 other members of the Commission shall each receive compensation at the rate prescribed for level II of the Executive Schedule under section 5314 of title 5, United States Code. (i) Initial quorum established During any time period prior to the confirmation of at least two members of the Commission, one member of the Commission shall constitute a quorum for the transaction of business. Following the confirmation of at least 2 additional commissioners, the quorum requirements of subsection (f) shall apply. . 3. Conforming amendments (a) Consumer Financial Protection Act of 2010 (1) In general Except as provided under paragraph (1), the Consumer Financial Protection Act of 2010 is amended— (A) by striking Director of the each place such term appears, other than where such term is used to refer to a Director other than the Director of the Bureau of Consumer Financial Protection; (B) by striking Director each place such term appears and inserting Bureau , other than where such term is used to refer to a Director other than the Director of the Bureau of Consumer Financial Protection; and (C) in section 1002, by striking paragraph (10). (2) Exceptions The Consumer Financial Protection Act of 2010 is amended— (A) in section 1012(c)(4), by striking Director each place such term appears and inserting Commission of the Bureau ; (B) in section 1013(c)(3)— (i) by striking Assistant Director of the Bureau for and inserting Head of the Office of ; and (ii) in subparagraph (B), by striking Assistant Director and inserting Head of the Office ; (C) in section 1013(g)(2)— (i) by striking Assistant director and inserting Head of the Office ; and (ii) by striking an assistant director and inserting a Head of the Office of Financial Protection for Older Americans ; (D) in section 1016(a), by striking Director of the Bureau and inserting Chair of the Commission ; and (E) in section 1066(a), by striking Director of the Bureau is and inserting first member of the Commission is . (b) Dodd-Frank Wall Street Reform and Consumer Protection Act The Dodd-Frank Wall Street Reform and Consumer Protection Act is amended— (1) in section 1111(b)(1)(D), by striking Director and inserting Chair of the Commission ; and (2) in section 1447, by striking Director of the Bureau each place such term appears and inserting Bureau . (c) Electronic Fund Transfer Act Section 920(a)(4)(C) of the Electronic Fund Transfer Act, as added by section 1075(a)(2) of the Consumer Financial Protection Act of 2010, is amended by striking Director of the Bureau of Consumer Financial Protection and inserting Bureau of Consumer Financial Protection . (d) Expedited Funds Availability Act The Expedited Funds Availability Act, as amended by section 1086 of the Consumer Financial Protection Act of 2010, is amended by striking Director of the Bureau each place such term appears and inserting Bureau . (e) Federal Deposit Insurance Act Section 2 of the Federal Deposit Insurance Act, as amended by section 336(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, is amended by striking Director of the Consumer Financial Protection Bureau each place such term appears and inserting Chair of the Commission of the Bureau of Consumer Financial Protection . (f) Federal Financial Institutions Examination Council Act of 1978 Section 1004(a)(4) of the Federal Financial Institutions Examination Council Act of 1978 ( 12 U.S.C. 3303(a)(4) ), as amended by section 1091 of the Consumer Financial Protection Act of 2010, is amended by striking Director of the Consumer Financial Protection Bureau and inserting Chair of the Commission of the Bureau of Consumer Financial Protection . (g) Financial Literacy and Education Improvement Act Section 513 of the Financial Literacy and Education Improvement Act, as amended by section 1013(d)(5) of the Consumer Financial Protection Act of 2010, is amended by striking Director each place such term appears and inserting Chair of the Commission . (h) Home Mortgage Disclosure Act of 1975 Section 307 of the Home Mortgage Disclosure Act of 1975, as amended by section 1094(6) of the Consumer Financial Protection Act of 2010, is amended by striking Director of the Bureau of Consumer Financial Protection each place such term appears and inserting Bureau of Consumer Financial Protection . (i) Interstate Land Sales Full Disclosure Act The Interstate Land Sales Full Disclosure Act, as amended by section 1098A of the Consumer Financial Protection Act of 2010, is amended— (1) by amending section 1402(1) to read as follows: (1) Chair means the Chair of the Commission of the Bureau of Consumer Financial Protection; ; and (2) in section 1416(a), by striking Director of the Bureau of Consumer Financial Protection and inserting Chair . (j) Real Estate Settlement Procedures Act of 1974 Section 5 of the Real Estate Settlement Procedures Act of 1974, as amended by section 1450 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, is amended— (1) by striking The Director of the Bureau of Consumer Financial Protection (hereafter in this section referred to as the Director ) and inserting The Bureau of Consumer Financial Protection ; and (2) by striking Director each place such term appears and inserting Bureau . (k) S.A.F.E. Mortgage Licensing Act of 2008 The S.A.F.E. Mortgage Licensing Act of 2008, as amended by section 1100 of the Consumer Financial Protection Act of 2010, is amended— (1) by striking Director each place such term appears in headings and text, other than where such term is used in the context of the Director of the Office of Thrift Supervision, and inserting Bureau ; and (2) in section 1503, by striking paragraph (10). (l) Title 44, United States Code Section 3513(c) of title 44, United States Code, as amended by section 1100D(b) of the Consumer Financial Protection Act of 2010, is amended by striking Director of the Bureau and inserting Bureau .
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113-hr-2447
I 113th CONGRESS 1st Session H. R. 2447 IN THE HOUSE OF REPRESENTATIVES June 20, 2013 Mr. Lipinski (for himself, Mr. Kinzinger of Illinois , Mr. Dingell , Mr. Wolf , Mr. Michaud , Mr. Hultgren , and Mr. Ryan of Ohio ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology , and in addition to the Committees on Energy and Commerce 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 direct the Committee on Technology under the National Science and Technology Council to develop a national manufacturing competitiveness strategic plan, and for other purposes. 1. Short title This Act may be cited as the American Manufacturing Competitiveness Act of 2013 . 2. National manufacturing competitiveness strategic plan Section 102 of the America COMPETES Reauthorization Act of 2010 ( 42 U.S.C. 6622 ) is amended— (1) in subsection (b), by striking paragraph (7) and inserting the following: (7) develop and update a national manufacturing competitiveness strategic plan in accordance with subsection (c). ; and (2) by striking subsection (c) and inserting the following: (c) National manufacturing competitiveness strategic plan (1) In general The Committee shall develop, and update every 4 years, a strategic plan to improve Government coordination and provide long-term guidance for Federal programs and activities in support of United States manufacturing competitiveness, including advanced manufacturing research and development. (2) Committee chairperson In developing and updating the strategic plan, the Secretary of Commerce, or a designee of the Secretary, shall serve as the chairperson of the Committee. (3) Goals The goals of such strategic plan shall be to— (A) promote growth, including job creation, sustainability, and competitiveness, in the United States manufacturing sector; (B) support the development of a skilled manufacturing workforce; (C) enable innovation and investment in domestic manufacturing; and (D) support national security. (4) Contents Such strategic plan shall— (A) specify and prioritize near-term and long-term objectives to meet the goals of the plan, including research and development objectives, the anticipated timeframe for achieving the objectives, and the metrics for use in assessing progress toward the objectives; (B) describe the progress made in achieving the objectives from prior strategic plans, including a discussion of why specific objectives were not met; (C) specify the role, including the programs and activities, of each Federal agency in meeting the objectives of the strategic plan; (D) describe how the Federal agencies and federally funded research and development centers supporting advanced manufacturing research and development will foster the transfer of research and development results into new manufacturing technologies and United States based manufacturing of new products and processes for the benefit of society to ensure national, energy, and economic security; (E) describe how such Federal agencies and centers will strengthen all levels of manufacturing education and training programs to ensure an adequate, well-trained workforce; (F) describe how such Federal agencies and centers will assist small- and medium-sized manufacturers in developing and implementing new products and processes; (G) take into consideration and include a discussion of the analysis conducted under paragraph (5); and (H) take into consideration the recommendations of a wide range of stakeholders, including representatives from diverse manufacturing sectors and companies, academia, existing Federal advisory committees, such as the Defense Science Board, the President’s Council of Advisors on Science and Technology, the Manufacturing Council established by the Department of Commerce, and the Labor Advisory Committee for Trade Negotiations and Trade Policy, and other relevant organizations and institutions. (5) Preliminary analysis (A) In general As part of developing such strategic plan, the Committee shall conduct an analysis of factors that impact the competitiveness and growth of the United States manufacturing sector, including— (i) research, development, innovation, technology transfer, and commercialization activities in the United States; (ii) the adequacy of the industrial base for maintaining national security; (iii) the state and capabilities of the domestic manufacturing workforce; (iv) trade, trade enforcement, and intellectual property policies; (v) financing, investment, and taxation policies and practices; (vi) the state of emerging technologies and markets; and (vii) efforts and policies related to manufacturing promotion undertaken by competing nations. (B) Reliance on existing information To the extent practicable, in completing the analysis under subparagraph (A), the Committee shall use existing information and the results of previous studies and reports. (d) Report Not later than 1 year after the date of enactment of the American Manufacturing Competitiveness Act of 2013 , the Director shall transmit the strategic plan developed under subsection (b)(7) to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives and shall transmit subsequent updates to those committees as appropriate. (e) Requirement To consider strategy in the budget In preparing the budget for a fiscal year under section 1105(a) of title 31, United States Code, the President shall include information regarding the consistency of the budget with the goals and recommendations included in the strategic plan developed under subsection (b)(7) applying to that fiscal year. .
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113-hr-2448
I 113th CONGRESS 1st Session H. R. 2448 IN THE HOUSE OF REPRESENTATIVES June 20, 2013 Mr. Lankford introduced the following bill; which was referred to the Committee on Ways and Means A BILL To end unemployment payments to jobless millionaires. 1. Short title This Act may be cited as the Ending Unemployment Payments to Jobless Millionaires Act of 2013 . 2. Ending unemployment payments to jobless millionaires (a) Prohibition Notwithstanding any other provision of law, no Federal funds may be used to make payments of unemployment compensation (including such compensation under the Federal-State Extended Compensation Act of 1970 and the emergency unemployment compensation program under title IV of the Supplemental Appropriations Act, 2008) in a year to an individual whose resources in the preceding year were equal to or greater than $1,000,000. For purposes of the preceding sentence, with respect to a year, an individual's resources shall be determined in the same manner as a subsidy eligible individual’s resources are determined for the year under section 1860D–14(a)(3)(E) of the Social Security Act (42 U.S.C. 1395w–114(a)(3)(E)). (b) Effective date The prohibition under subsection (a) shall apply to weeks of unemployment beginning on or after the date of the enactment of this Act.
https://www.govinfo.gov/content/pkg/BILLS-113hr2448ih/xml/BILLS-113hr2448ih.xml
113-hr-2449
I 113th CONGRESS 1st Session H. R. 2449 IN THE HOUSE OF REPRESENTATIVES June 20, 2013 Mr. Royce (for himself, Mr. Engel , Mr. Chabot , Mr. Faleomavaega , Mr. Poe of Texas , Mr. Kinzinger of Illinois , and Mr. Collins of Georgia ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To authorize the President to extend the term of the Agreement for Cooperation between the Government of the United States of America and the Government of the Republic of Korea Concerning Civil Uses of Nuclear Energy for a period not to exceed March 19, 2016. 1. Authority to extend the United States-Republic of Korea Nuclear Cooperation Agreement The President is authorized to extend the term of the Agreement for Cooperation between the Government of the United States of America and the Government of the Republic of Korea Concerning Civil Uses of Nuclear Energy for a period not to exceed March 19, 2016, notwithstanding any other provision of law.
https://www.govinfo.gov/content/pkg/BILLS-113hr2449ih/xml/BILLS-113hr2449ih.xml
113-hr-2450
I 113th CONGRESS 1st Session H. R. 2450 IN THE HOUSE OF REPRESENTATIVES June 20, 2013 Mr. Cartwright (for himself, Mr. Fattah , Mr. Brady of Pennsylvania , Ms. Schwartz , and Mr. Marino ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend title 5, United States Code, to limit the number of local wage areas allowable within a General Schedule pay locality. 1. Short title This Act may be cited as the Locality Pay Equity Act . 2. Limiting the number of local wage areas defined within a General Schedule pay locality (a) Local wage area limitation Section 5343(a) of title 5, United States Code, is amended— (1) in paragraph (1)(B)(i), by striking (but such and all that follows through are employed) ; (2) in paragraph (4), by striking and after the semicolon; (3) in paragraph (5), by striking the period after Islands and inserting ; and ; and (4) by adding at the end the following: (6) the Office of Personnel Management shall define not more than 1 local wage area within a pay locality, except that this paragraph shall not apply to the pay locality designated as Rest of United States . . (b) Pay locality defined Section 5342(a) of title 5, United States Code, is amended— (1) in paragraph (2)(C), by striking and after the semicolon; (2) in paragraph (3), by striking the period after employee and inserting ; and ; and (3) by adding at the end the following: (4) pay locality has the same meaning as is given such term in section 5302(5). . 3. Regulations The Director of the Office of Personnel Management shall prescribe any regulations necessary to carry out the purpose of this Act, including regulations to ensure that the enactment of this Act shall not have the effect of reducing any rate of basic pay payable to any individual who is serving as a prevailing rate employee (as defined by section 5342(a)(2) of title 5, United States Code). 4. Effective date This Act and the amendments made by this Act shall take effect at the start of the first full pay period beginning at least 180 days after the date of enactment of this Act.
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113-hr-2451
I 113th CONGRESS 1st Session H. R. 2451 IN THE HOUSE OF REPRESENTATIVES June 20, 2013 Ms. Velázquez (for herself, Mr. Payne , Ms. Chu , and Ms. Clarke ) introduced the following bill; which was referred to the Committee on Small Business A BILL To direct the Administrator of the Small Business Administration to establish and carry out a direct lending program for small business concerns, and for other purposes. 1. Short title This Act may be cited as the Strengthening Entrepreneurs’ Economic Development Act of 2013 . 2. Direct Lending Program for Small Business Concerns (a) Establishment The Administrator of the Small Business Administration shall— (1) establish and carry out a loan program (in this Act referred to as the program ); and (2) establish a process under which an eligible small business concern may submit an application to the Administrator for the purpose of securing a loan under the program. (b) Loan amount Each loan made to an eligible small business concern under the program shall be in an amount not to exceed $150,000. (c) Repayment period An eligible small business concern that receives a loan under the program shall repay the loan not later than 6 years after the date on which such loan is disbursed. (d) No prepayment penalty There shall be no prepayment penalty on a loan made under the program. (e) Interest rate The maximum legal rate of interest on any loan made under the program shall not exceed the sum of the rate prescribed by the Administrator pursuant to section 7(a)(4)(A) of the Small Business Act ( 15 U.S.C. 636(a)(4)(A) ) for direct loans plus 5 percent. (f) Borrower fees With respect to each loan made to an eligible small business concern under the program, the Administrator may collect a fee from the borrower using the formula established under section 7(a)(18) of the Small Business Act ( 15 U.S.C. 636(a)(18) ). (g) Underwriting standards Not later than 180 days after the date of enactment of this Act, the Administrator shall issue guidance regarding prudent underwriting standards that must be used for loans made under the program. (h) Lender participation (1) Lenders (A) In general The Administrator shall establish a process under which the Administrator makes available to lenders each loan application submitted for the purpose of such lenders originating, underwriting, closing, and servicing the loan for which the applicant applied. (B) Eligibility Lenders are eligible to receive a loan application described in subparagraph (A) if they participate in the program. (C) Local lenders The Administrator shall first make available a loan application described in subparagraph (A) to lenders within 50 miles of the principal office of the loan applicant. (D) Preferred lenders If a lender described in subparagraph (C) does not agree to originate, underwrite, close, and service the loan applied for within 5 business days of receiving a loan application described in subparagraph (A), the Administrator shall subsequently make available such loan application to lenders in the Preferred Lenders Program under section 7(a)(2)(C)(ii) of the Small Business Act (15 U.S.C. 636(a)(2)(C)(ii)). (E) Authority of administration to lend If a lender described in subparagraphs (C) and (D) does not agree to originate, underwrite, close, and service the loan applied for within 10 business days of receiving a loan application described in subparagraph (A), the Administrator shall, in accordance with the underwriting standards promulgated under subsection (g), consider such loan for origination, underwriting, closing, and servicing by the Administration within 10 business days. (2) Asset sales The Administrator shall offer to sell loans made by the Administrator under the program. Such sales shall be made through the semi-annual public solicitation (in the Federal Register and in other media) of offers to purchase. The Administrator may contract with vendors for due diligence, asset valuation, and other services related to such sales. The Administrator may not sell any loan under the program for less than 90 percent of the net present value of the loan, as determined and certified by a qualified third party. (3) Loans not sold The Administrator shall maintain and service loans made by the Administrator under this paragraph that are not sold through the asset sales under this subsection. (i) Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the Small Business Administration. (2) Eligible small business concern The term eligible small business concern means a small business concern that has less than 20 employees. (3) Small business concern The term small business concern has the same meaning given such term under section 3 of the Small Business Act (15 U.S.C. 632). 3. Fee for high-dollar 7 (a) loans Section 7(a) of the Small Business Act is amended— (1) by redesignating paragraphs (31) through (35) as paragraphs (32) through (36); and (2) by inserting the following new paragraph: (31) Fee for high-dollar loans With respect to each loan in excess of $2,000,000 approved under this subsection, the Administration shall assess, collect, and retain a fee not to exceed a certain percentage, as determined by the Administrator, of the outstanding balance of the deferred participation share of the loan, as necessary to reduce to zero the cost to the Administration of making loans under this subsection. As used in the paragraph, the term cost has the meaning given that term in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a). .
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113-hr-2452
I 113th CONGRESS 1st Session H. R. 2452 IN THE HOUSE OF REPRESENTATIVES June 20, 2013 Ms. Velázquez (for herself, Mr. Payne , Mr. Barber , Ms. Chu , Ms. Clarke , and Ms. Meng ) introduced the following bill; which was referred to the Committee on Small Business A BILL To amend the Small Business Act with respect to the procurement program for women-owned small business concerns, and for other purposes. 1. Short title This Act may be cited as the Women’s Procurement Program Equalization Act of 2013 . 2. Women’s Procurement Program Equalization Section 8(m) of the Small Business Act (15 U.S.C. 637(m)) is amended— (1) in paragraph (2), so that subparagraph (E) reads as follows: (E) each of the concerns— (i) is certified by a Federal agency, a State government, or a national certifying entity approved by the Administrator, as a small business concern owned and controlled by women; or (ii) is certified by the Administrator as a small business concern owned and controlled by women. ; and (2) by adding at the end the following: (7) Sole source contracts for economically disadvantaged women-owned small businesses In accordance with this section, a contracting officer may award a sole source contract to any small business concern meeting the requirements of section 8(m)(2)(A) of this Act if— (A) such concern is determined to be a responsible contract with respect to performance of such contract opportunity and the contracting officer does not have a reasonable expectation that 2 or more businesses meeting the requirements of section 8(m)(2)(A) will submit offers; (B) the anticipated award price of the contract (including options) will not exceed— (i) $6,500,000 in the case of a contract opportunity assigned a standard industrial code for manufacturing; or (ii) $4,000,000 in the case of any other contract opportunity; and (C) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price. (8) Sole source contracts for women owned small businesses in substantially underrepresented industries In accordance with this section, a contracting officer may award a sole source contract to any small business concerns meeting the requirements of section 8(m)(3) of this Act if— (A) such concern is determined to be a responsible contract with respect to performance of such contract opportunity and the contracting officer does not have a reasonable expectation that 2 or more businesses meeting the requirements of section 8(m)(3) will submit offers; (B) the anticipated award price of the contract (including options) will not exceed— (i) $6,500,000 in the case of a contract opportunity assigned a standard industrial code for manufacturing; or (ii) $4,000,000 in the case of any other contract opportunity; and (C) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price. . 3. Reporting on goals for procurement contracts awarded to small business concerns Section 15(h)(2)(E)(viii) of the Small Business Act ( 15 U.S.C. 644 ) is amended to read as follows: (viii) small business concerns owned and controlled by women— (I) in the aggregate; (II) through competitions restricted to small business concerns; (III) through competitions restricted using the authority under section 8(m)(2); (IV) through competitions restricted using the authority under section 8(m)(2) and in which the waiver authority under section 8(m)(3) was used; (V) through sole source contracts awarded using the authority under section 8(m)(7); (VI) through sole source contracts awarded using the authority under section 8(m)(8) and in which the waiver authority under section 8(m)(3) was used; (VII) by industry in which the contracts described in subclauses (III) through (VI) were awarded; and (VIII) through unrestricted competition; and .
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113-hr-2453
I 113th CONGRESS 1st Session H. R. 2453 IN THE HOUSE OF REPRESENTATIVES June 20, 2013 Mr. Rothfus (for himself and Mr. Schrader ) 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 preserve Medicare beneficiary choice by restoring and expanding the Medicare open enrollment and disenrollment opportunities repealed by section 3204(a) of the Patient Protection and Affordable Care Act. 1. Short title This Act may be cited as the Medicare Beneficiary Preservation of Choice Act of 2013 . 2. Preservation of Medicare beneficiary choice under Medicare Advantage (a) In general Section 1851(e)(2) of the Social Security Act ( 42 U.S.C. 1395w–21(e)(2) ) is amended by amending subparagraph (C), as amended by section 3204(a) of the Patient Protection and Affordable Care Act ( Public Law 111–148 ), to read as follows: (C) Continuous open enrollment and disenrollment for first 3 months in subsequent years (i) In general Subject to clause (ii) and subparagraph (D), at any time during the first 3 months of a year, or, if the individual first becomes a Medicare Advantage eligible individual during a year, during the first 3 months of such year in which the individual is a Medicare Advantage eligible individual, a Medicare Advantage eligible individual may change the election under subsection (a)(1). (ii) Limitation of one change during open enrollment period each year An individual may exercise the right under clause (i) only once during the applicable 3-month period described in such clause in each year. The limitation under this clause shall not apply to changes in elections effected during an annual, coordinated election period under paragraph (3) or during a special enrollment period under paragraph (4). (iii) Limited application to part D The previous provisions of this subparagraph shall only apply with respect to changes in enrollment in a prescription drug plan under part D in the case of an individual who, previous to such change in enrollment, is enrolled in a Medicare Advantage plan. . (b) Conforming amendment Section 1860D–1(b)(1)(B)(iii) of such Act (42 U.S.C. 1395w–101(b)(1)(B)(iii)) is amended by striking , (C), . (c) Effective date The amendments made by this section shall apply with respect to 2014 and succeeding years.
https://www.govinfo.gov/content/pkg/BILLS-113hr2453ih/xml/BILLS-113hr2453ih.xml
113-hr-2454
I 113th CONGRESS 1st Session H. R. 2454 IN THE HOUSE OF REPRESENTATIVES June 20, 2013 Ms. Lofgren (for herself, Mr. Sensenbrenner , Mr. Polis , Ms. Clarke , and Mr. Doyle ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to provide for clarification as to the meaning of access without authorization, and for other purposes. 1. Short title This Act may be cited as the Aaron’s Law Act of 2013 . 2. Clarifying that access without authorization under 18 U.S.C. 1030 means circumvention of technological barriers in order to gain unauthorized access (a) In general Section 1030(e)(6) of title 18, United States Code, is amended by— (1) striking exceeds authorized access and all that follows; and (2) inserting the following: access without authorization means— (A) to obtain information on a protected computer; (B) that the accesser lacks authorization to obtain; and (C) by knowingly circumventing one or more technological or physical measures that are designed to exclude or prevent unauthorized individuals from obtaining that information; . (b) Conforming amendment Section 1030 of title 18, United States Code, is amended— (1) in subsection (d)(10) by striking unauthorized access, or exceeding authorized access, to a and inserting access without authorization of a protected ; and (2) by striking exceeds authorized access each place it appears. 3. Eliminating redundancy Section 1030(a)(4) of title 18, United States Code, is repealed. 4. Making penalties proportional to crimes Section 1030(c)(2) of title 18, United States Code is amended— (1) in subparagraph (A)— (A) by striking conviction for another and inserting subsequent ; and (B) by inserting such after attempt to commit ; (2) in subparagraph (B)(i), by inserting after financial gain the following: and the fair market value of the information obtained exceeds $5,000 ; (3) in subparagraph (B)(ii), by striking the offense was committed and all that follows through the semicolon, and inserting the following: the offense was committed in furtherance of any criminal act in violation of the Constitution or laws of the United States or of any State punishable by a term of imprisonment greater than one year, unless such criminal acts are prohibited by this section or such State violation would be based solely on accessing information without authorization; ; (4) in subparagraph (B)(iii), by inserting fair market before value ; and (5) in subparagraph (C)— (A) by striking conviction for another and inserting subsequent ; and (B) by inserting such after attempt to commit .
https://www.govinfo.gov/content/pkg/BILLS-113hr2454ih/xml/BILLS-113hr2454ih.xml
113-hr-2455
I 113th CONGRESS 1st Session H. R. 2455 IN THE HOUSE OF REPRESENTATIVES June 20, 2013 Mr. Amodei introduced the following bill; which was referred to the Committee on Natural Resources A BILL To provide for the sale or transfer of certain Federal lands in Nevada, and for other purposes. 1. Short title This Act may be cited as the Nevada Native Nations Lands 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—Elko Motocross and Tribal Land Transfer Sec. 101. Definition of Secretary. Subtitle A—Te-moak Tribe of Western Shoshone Indians of Nevada Sec. 111. Definitions. Sec. 112. Sale of land to Elko County. Subtitle B—Trust land for Te-moak Tribe of Western Shoshone Indians of Nevada Sec. 121. Land to be held in trust for the Te-moak Tribe of Western Shoshone Indians of Nevada. Title II—Trust Land for Fort McDermitt Paiute and Shoshone Tribe Sec. 201. Land to be held in trust for the Fort McDermitt Paiute and Shoshone Tribe. Sec. 202. Offset of Claim. Title III—Shoshone Paiute Tribes Land into Trust Sec. 301. Land to be held in trust for the Shoshone Paiute Tribes of the Duck Valley Indian Reservation. Title IV—Summit Lake Paiute Tribe Land into Trust Sec. 401. Land to be held in trust for the Summit Lake Paiute Tribe. Title V—South Fork Band Council Land Into Trust Sec. 501. Land to be held in trust for the South Fork Band Council. Title VI—Reno-Sparks Indian Colony Land Into Trust Sec. 601. Land to be held in trust for the Reno-Sparks Indian Colony. Title VII—Pyramid Lake Paiute Tribe Land Into Trust Sec. 701. Land to be held in trust for the Pyramid Lake Paiute Tribe. I Elko Motocross and Tribal Land Transfer 101. Definition of Secretary In this title, the term Secretary means the Secretary of the Interior, acting through the Bureau of Land Management. A Te-moak Tribe of Western Shoshone Indians of Nevada 111. Definitions In this subtitle: (1) City The term city means the city of Elko, Nevada. (2) County The term county means the county of Elko, Nevada. (3) Map The term map means the map entitled Elko Motocross Park and dated April 19, 2013. 112. Sale of land to Elko County (a) In general As soon as practicable after the date of enactment of this Act, subject to valid existing rights and the provisions of this section, the Secretary shall convey to the county, for fair market value, all right, title, and interest of the United States in and to the land described in subsection (b). (b) Description of land The land referred to in subsection (a) consists of approximately 275 acres of land managed by the Bureau of Land Management, Elko District, Nevada, as generally depicted on the map as Elko Motocross Park . (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 parcel to be conveyed under this section. (2) Minor errors The Secretary may correct any minor error in the map or 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. (d) Use of conveyed land The land conveyed under this section shall be used only as a motocross, bicycle, off-highway vehicle, or stock car racing area, or for any other public purpose consistent with uses allowed under the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act ), ( 43 U.S.C. 869 et seq. ). (e) Administrative costs The Secretary shall require the county to pay all survey costs and other administrative costs necessary for the preparation and completion of any patents for, and transfers of title to, the land described in subsection (b). (f) Reversion If the land conveyed under this section ceases to be used for a public purpose in accordance with subsection (d), the land shall, at the discretion of the Secretary, revert to the United States. B Trust land for Te-moak Tribe of Western Shoshone Indians of Nevada 121. Land to be held in trust for the Te-moak Tribe of Western Shoshone Indians of Nevada (a) In general Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in subsection (b)— (1) shall be held in trust by the United States for the benefit and use of the Te-moak Tribe of Western Shoshone Indians of Nevada (referred to in this subtitle as the Tribe ); and (2) shall be part of the reservation of the Tribe. (b) Description of land The land referred to in subsection (a) is the approximately 373 acres of land administered by the Bureau of Land Management, as generally depicted on the map as Expansion Area . (c) Map The term map means the map entitled Te-moak Tribal Land Expansion , dated April 19, 2013, and on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (d) Survey Not later than 180 days after the date of enactment of this Act, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection (a). (e) Use of trust land (1) Gaming Land taken into trust under subsection (a) shall not be eligible, or considered to have been taken into trust, for class II gaming or class III gaming (as those terms are defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703)). (2) General uses (A) In general The Tribe shall use the land taken into trust under subsection (a) only for— (i) traditional and customary uses; (ii) stewardship conservation for the benefit of the Tribe; or (iii) residential or recreational development. (B) Other uses If the Tribe uses any portion of the land taken into trust under subsection (a) for a purpose other than a purpose described in subparagraph (A), the Tribe shall pay to the Secretary an amount that is equal to the fair market value of the portion of the land, as determined by an appraisal. (3) Thinning; landscape restoration With respect to the land taken into trust under subsection (a), the Secretary, in consultation and coordination with the Tribe, may carry out any fuels reduction and other landscape restoration activities on the land that is beneficial to the Tribe and the Bureau of Land Management. II Trust Land for Fort McDermitt Paiute and Shoshone Tribe 201. Land to be held in trust for the Fort McDermitt Paiute and Shoshone Tribe (a) In general Subject to existing valid rights, all right, title, and interest of the United States in and to the land described in subsection (b)— (1) shall be held in trust by the United States for the benefit of the Fort McDermitt Paiute and Shoshone Tribe of the Fort McDermitt Indian Reservation; and (2) shall be part of the reservation of that Indian tribe. (b) Description of land The land referred to in subsection (a) is the approximately 19,094.16 acres of land located near highway 95 south of McDermitt, Nevada, in Humboldt County, Nevada, generally depicted as Reservation Expansion Lands on the map titled Fort McDermitt Indian Reservation Expansion Act and dated February 21, 2013. (c) Map The map referred to in subsection (b) shall be on file and available for public inspection at the Bureau of Land Management Nevada State Office and Winnemucca District Office. 202. Offset of Claim The Indian Claims Commission shall determine, in accordance with the provisions of section 2 of the Act of August 13, 1946 (60 Stat. 1050), the extent to which the beneficial interest of the land held in trust pursuant to this Act should or should not be set off against any claim against the United States determined by the Commission. III Shoshone Paiute Tribes Land into Trust 301. Land to be held in trust for the Shoshone Paiute Tribes of the Duck Valley Indian Reservation (a) In general Subject to valid existing easements and rights-of-way, all right, title, and interest (including improvements and appurtenances) of the United States in and the parcel of National Forest System land in Owyhee, Nevada, described in subsection (b) is hereby declared to be held in trust by the United States for the benefit of the Shoshone-Paiute Tribes of the Duck Valley Indian Reservation. (b) Description of land The land referred to in subsection (a) is the approximately 82.2 acres of land generally depicted as the Proposed Acquisition Site on the map titled Mountain City Administrative Site and dated January 2, 2013. (c) Map The map referred to in subsection (b) shall be on file and available for public inspection at the office of the Regional Forester, Intermountain Region. IV Summit Lake Paiute Tribe Land into Trust 401. Land to be held in trust for the Summit Lake Paiute Tribe (a) In general Subject to valid existing easements and rights-of-way, all right, title, and interest (including improvements and appurtenances) of the United States in and to the land described in subsection (b) is hereby declared to be held in trust by the United States for the benefit of the Summit Lake Paiute Tribe. (b) Description of land The land referred to in subsection (a) is the approximately 880 acres depicted as Reservation Conveyance Lands on the map titled Summit Lake Indian Reservation Conveyance and dated February 28, 2013. (c) Map The map referred to in subsection (b) shall be on file and available for public inspection at the office of the Bureau of Land Management Nevada State Office and Winnemucca District Office. V South Fork Band Council Land Into Trust 501. Land to be held in trust for the South Fork Band Council (a) In general Subject to valid existing easements and rights-of-way, all right, title, and interest (including improvements and appurtenances) of the United States in and to the land described in subsection (b) is hereby declared to be held in trust by the United States for the benefit of the South Fork Band Council. (b) Description of Land The land referred to in subsection (a) is the approximately 26,278 acres depicted as Reservation Expansion Lands on the map titled South Fork Indian Reservation Expansion and dated June 13, 2013. (c) Map The map referred to in subsection (b) shall be on file and available for public inspection at the office of the Bureau of Land Management Nevada State Office and Elko District Office. VI Reno-Sparks Indian Colony Land Into Trust 601. Land to be held in trust for the Reno-Sparks Indian Colony (a) In general Subject to valid existing easements and rights-of-way, all right, title, and interest (including improvements and appurtenances) of the United States in and to the land described in subsection (b) is hereby declared to be held in trust by the United States for the benefit of the Reno-Sparks Indian Colony. (b) Description of Land The land referred to in subsection (a) is the approximately 11,180 acres depicted as Colony Expansion Lands on the map titled Reno-Sparks Indian Colony Expansion and dated May 28, 2013. (c) Map The map referred to in subsection (b) shall be on file and available for public inspection at the office of the Bureau of Land Management Nevada State Office and Carson City District Office. VII Pyramid Lake Paiute Tribe Land Into Trust 701. Land to be held in trust for the Pyramid Lake Paiute Tribe (a) In general Subject to valid existing easements and rights-of-way, all right, title, and interest (including improvements and appurtenances) of the United States in and to the land described in subsection (b) is hereby declared to be held in trust by the United States for the benefit of the Pyramid Lake Paiute Tribe. (b) Description of Land The land referred to in subsection (a) is the approximately 24,054 acres depicted as Reservation Expansion Lands BLM Only on the map titled Pyramid Lake Indian Reservation Expansion and dated June 13, 2013. (c) Map The map referred to in subsection (b) shall be on file and available for public inspection at the office of the Bureau of Land Management Nevada State Office and Carson City District Office.
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